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CP 2013-07-09City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, July 9, 2013 KAREN HUNT BILLY FAUGHT Mayor Mayor Pro Tem TIM BRANCHEAU BOB MAHALIK Place 1 Place 2 WES MAYS GARY RODEN Place 3 Place 4 MARVIN FRANKLIN AARON DUNCAN Place 6 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, July 9, 2013, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.072, Texas Government Code - Deliberation regarding Real Property. A.Discussion regarding property located at Southwestern Boulevard and South Coppell Road. B.Discussion regarding Economic Development prospects south of Bethel Road and west of South Coppell Road. C.Discussion regarding Economic Development prospects north of Southwestern Boulevard and east of Freeport Parkway. Section 551.071, Texas Government Code - Consultation with City Attorney. D.Discussion regarding Attorney General Appeals for OR 2013-09449 and Page 1 City of Coppell, Texas Printed on 12/28/2017 July 9, 2013City Council Meeting Agenda OR 2013-09911. E.Discussion regarding Eminent Domain proceedings to acquire real property along Freeport Parkway. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. F.Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. 3.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding Combined Dispatch. B.Discussion regarding CRDC Sales Tax Reauthorization. C.Discussion regarding 5th Tuesday Workshops. D.Discussion of Agenda Items. Regular Session 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Report by Library Board. 7.Presentation of an award to the City of Coppell from the Texas Comptroller of Public Accounts as a recipient of the 2013 Texas Comptroller Leadership Circle Gold Member. 2013 Leadership Circle Memo.pdf 2013 Leadership Circle Certificate.pdf 2013 Leadership Circle Press Release.pdf Attachments: 8.Citizens’ Appearance 9.Consent Agenda A.Consider approval of minutes: June 11, 2013. Minutes.pdfAttachments: B.Consider approval of the appointment of Vijay Samar to the Planning and Zoning Commission to fill the unexpired term of Craig Pritzlaff. C.Consider approval of a contract for materials testing for the Sandy Lake Road Project (#ST 99-02) to Alliance Geotechnical Group in the amount of $95,145.50; and authorizing the City Manager to sign and execute the necessary documents. Cover Memo.pdfAttachments: Page 2 City of Coppell, Texas Printed on 12/28/2017 July 9, 2013City Council Meeting Agenda Location Exhibit.pdf Sandy Lake Road Testing Proposal.pdf D.Consider approval to purchase school zone flasher controllers and hardware for 35 locations from Consolidated Traffic Controls, Inc. through an Interlocal Agreement with Houston Galveston Area Council (H-GAC), in the amount of $138,743.00; and authorizing the City Manager to sign and execute the necessary documents. Cover Memo.pdf School Zone Flashers Exhibit.pdf Contract Pricing Worksheet.pdf Attachments: E.Consider approval to enter into a License Agreement with the Ridgecrest Homeowners Association to allow use of decorative street and regulatory signs within the City’s right of way; and authorizing the City Manager to sign and execute any necessary documents. License Agreement Memo.pdf Ridgecrest Signs.pdf Ridgecrest Lic.pdf Sign Locations.pdf License Agreement Ridgecrest.pdf Attachments: F.Consider approval of a Resolution authorizing the city attorney to file eminent domain proceedings to acquire 0.138 +/- acres of real property for the expansion of public roadway and right of way along Freeport Parkway; and authorizing the Mayor to sign and execute the necessary documents. Eminent Domain Memo.pdf Resolution.pdf Exhibit A - Site Plan.pdf Attachments: G.Consider approval of an Ordinance for Case No. PD-108R11-H, Old Town (Main Street), Phase II, a zoning change from PD-108R8-H (Planned Development-108 Revision 8-Historic) and PD-108R10-H (Planned Development-108 Revision 10-Historic), to PD-108R11-H (Planned Development-108 Revision 11-Historic), to establish a Detail Site Plan for 64 patio-home lots and four common area lots on 8.64 acres of property located on the northeast corner of South Coppell Road and the drive leading to the Service Center and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Exhibit A- Legal Description.pdf Exhibit B- Site Plan (3 Pages).pdf Exhibit C- Landscape Plan (3 Pages).pdf Exhibit D- Tree Survey.pdf Attachments: Page 3 City of Coppell, Texas Printed on 12/28/2017 July 9, 2013City Council Meeting Agenda Exhibit E- Typical Elevations (4 Pages).pdf H.Consider approval of an Ordinance for Case No. PD-149R2-SF-7, Vistas of Coppell 1A, Lot 2, Block L, a zoning change from PD-149-SF-7 (Planned Development-149-Single Family-7) to PD-149 R2-SF-7 (Planned Development-149 Revision 2-Single Family-7), to allow a 5.25-foot encroachment over the required 20-foot rear building setback line, for the construction of a 288-square-foot addition at 729 Bella Vista Drive and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Exhibit A.pdf Exhibit B.pdf Attachments: I.Consider approval of an Ordinance for Case No. PD-240R5-HC, North Gateway Plaza, Lot 7R, Block A - Black Walnut Café, a zoning change from PD-240R4-HC (Planned Development-240 Revision 4-Highway Commercial), to PD-240R5-HC (Planned Development-240 Revision 5-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 1.88 acres to allow the development of a 6,542 square-foot restaurant with a 964-square-foot patio and 2,500 square foot of retail uses to be located at 775 North Denton Tap Road and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Exhibit A - Legal.pdf Exhibit B - Concept Plan.pdf Exhibit C - Detail Site Plan.pdf Exhibit D - Landscape Plan (2 Pages).pdf Exhibit E - Elevations (2 Pages).pdf Exhibit F - Floor Plan.pdf Exhibit G - Sign Elevations.pdf Attachments: J.Consider approval of an Ordinance for Case No. PD-264-RBN-5, Easthaven, a zoning change from R (Retail) to PD-264-RBN-5 (Planned Development-264-Residential Urban Neighborhood-5), to allow the development of 58 single-family lots and (3) three common area lots on 22 acres of property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap Road and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Exhibit A - Legal Description.pdf Exhibit B - Zoning Exhibit, Detail Plan.pdf Exhibit C - Section of Buffer Area.pdf Attachments: Page 4 City of Coppell, Texas Printed on 12/28/2017 July 9, 2013City Council Meeting Agenda Exhibit D- Protected Trees in Buffer Zone .pdf Exhibit E- Lanscape Plan (4 pages).pdf Exhibit F- Entry Features and Fencing (5 pages).pdf Exhibit G- Tree Survey (38 pages).pdf End of Consent Agenda 10.PUBLIC HEARING: Consider approval of the Park West Commerce Ctr., Lot 3R-1, Blk 8, Replat & Lot 4, Blk 8, Minor Plat, to replat Lot 3R to eliminate 20,435 square feet of property and approve a Minor Plat for Lot 4, to incorporate the 20,435 square feet of property and establish a platted lot for future development on 32.34 acres of property located at the north side of Wrangler Drive between Freeport Parkway and Enterprise Drive, at the request of PW Commerce Center LP & Pacific Resources Associated, LLC, being represented by B. Dave Littleton, P.E., Halff Associates, Inc. Cover Memo.pdf Staff Report.pdf Replat/Minor Plat.pdf Attachments: 11.CONTINUED PUBLIC HEARING: Consider approval of Case No. PD-199R8-HC, Vista Point II, Lot 6R, Block A, - Children’s Learning Adventure, a zoning change request from PD-199-HC (Planned Development-199-Highway Commercial), to PD-199R8-HC (Planned Development-199-Revision 8-Highway Commercial), to attach a Detail Site Plan on 2.6 acres to allow the development of a Day Care Center to be located at 811 N. MacArthur Boulevard. Cover Memo.pdf Request to Postpone to Aug 13th .pdf Staff Report.pdf Traffic Mgmt Plan.pdf Site Plan.pdf Landscape Plan and Detail Sheet.pdf Tree Survey.pdf Elevations.pdf Sign Package.PDF Attachments: 12.Consider approval of an Ordinance for Case No. PD-262-H, Old Town Coppell Deli, Lot 1, Block A, a zoning change from H (Historic) to PD-262-H (Planned Development-262-Historic), to demolish the existing restaurant and to establish a Detail Site Plan for the proposed 1,995-square-foot restaurant/convenience store with a 850-square-foot patio on 9,481 square feet of property located at 449 W. Bethel Road and Page 5 City of Coppell, Texas Printed on 12/28/2017 July 9, 2013City Council Meeting Agenda authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Exhibit A- Legal Description.pdf Exhibit B- Site-Floor Plan.pdf Exhibit C- Landscape Plan (2 Pages).pdf Exhibit D- Elevations.pdf Attachments: 13.PUBLIC HEARING: Presentation of the recommendations from the CRDC Reauthorization Committee. 14.Consider approval of a Resolution authorizing and directing the City Manager to negotiate an Interlocal Agreement with the Town of Addison, City of Carrollton, and the City of Farmers Branch regarding the construction, management and operation of a consolidated public safety dispatch center; and authorizing the Mayor to sign. Memo.pdf Resolution.pdf Attachments: 15.Consider approval of an Ordinance authorizing the issuance and sale of City of Coppell, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2013; levying an annual ad valorem tax and providing for the payment of said certificates; approving an official statement; providing an effective date; enacting other provisions relating to the subject, and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Moodys Ratings Letter.pdf S&P Ratings Report.pdf Attachments: 16.Consider approval of an Ordinance authorizing discharge and redemption of a portion of the City’s General Obligation Refunding Bonds, Series 2005; approving an escrow agreement; providing an effective date; enacting other provisions relating to the subject, and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Attachments: 17.Consider approval of an Ordinance authorizing the issuance and sale of City of Coppell, Texas General Obligation Refunding Bonds, Series 2013; levying an annual ad valorem tax and providing for the payment of said bonds; approving an official statement; providing an effective date; enacting other provisions relating to the subject, and authorizing the Mayor to sign. Page 6 City of Coppell, Texas Printed on 12/28/2017 July 9, 2013City Council Meeting Agenda Cover Memo.pdf Ordinance.pdf Attachments: 18.Consider approval of awarding Job Order Contract to Core Construction in the amount of $349,337.02 for Phase II second floor renovation of 265 Parkway; and authorizing the City Manager to sign all necessary documents. 265 Parkway 2nd Floor Contract Memo.pdf 265 Parkway Finish Selections.pdf 265 Parkway TCPN Cooperative Purchasing Network.pdf 265 Parkway 2nd Floor Plan.pdf CORE Proposal for 265 Parkway.pdf PARKWAY 265 2nd Fl Exhibit.pdf Attachments: 19.City Manager Reports Project Updates and Future Agendas. 20.Mayor and Council Reports A.Report by Councilmember Mays on the Transportation and Infrastructure Summit in Irving. B.Report by Mayor Pro Tem Billy Faught on the Spirit of Coppell Festivities. 21.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 22.Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 7 City of Coppell, Texas Printed on 12/28/2017 July 9, 2013City Council Meeting Agenda 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 8 City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1079 File ID: Type: Status: 2013-1079 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 05/20/2013File Created: 07/09/2013Final Action: Executive SessionFile Name: Title: Discussion regarding property located at Southwestern Boulevard and South Coppell Road. Notes: Agenda Date: 07/09/2013 Agenda Number: A. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 07/09/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1079 Title Discussion regarding property located at Southwestern Boulevard and South Coppell Road. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1079) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1147 File ID: Type: Status: 2013-1147 Agenda Item Executive Session 1Version: Reference: In Control: Administration 06/26/2013File Created: 07/09/2013Final Action: exec session - prospects s. of Bethel, w. of S. Coppell File Name: Title: Discussion regarding Economic Development prospects south of Bethel Road and west of South Coppell Road. Notes: Agenda Date: 07/09/2013 Agenda Number: B. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 07/09/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1147 Title Discussion regarding Economic Development prospects south of Bethel Road and west of South Coppell Road. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1147) Staff Recommendation: Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1148 File ID: Type: Status: 2013-1148 Agenda Item Executive Session 1Version: Reference: In Control: Administration 06/26/2013File Created: 07/09/2013Final Action: exec session - prospects n. of Southwestern, e. of Freeport File Name: Title: Discussion regarding Economic Development prospects north of Southwestern Boulevard and east of Freeport Parkway. Notes: Agenda Date: 07/09/2013 Agenda Number: C. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 07/09/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1148 Title Discussion regarding Economic Development prospects north of Southwestern Boulevard and east of Freeport Parkway. Summary Goal Icon: Business Prosperity Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1148) Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1160 File ID: Type: Status: 2013-1160 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 07/01/2013File Created: 07/09/2013Final Action: Attorney General appealsFile Name: Title: Discussion regarding Attorney General Appeals for OR 2013-09449 and OR 2013-09911. Notes: Agenda Date: 07/09/2013 Agenda Number: D. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 07/09/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1160 Title Discussion regarding Attorney General Appeals for OR 2013-09449 and OR 2013-09911. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1160 Page 1City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1169 File ID: Type: Status: 2013-1169 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 07/03/2013File Created: 07/09/2013Final Action: Attorney General AppealsFile Name: Title: Discussion regarding Eminent Domain proceedings to acquire real property along Freeport Parkway. Notes: Agenda Date: 07/09/2013 Agenda Number: E. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2013City Council No discussion. Action Text: Text of Legislative File 2013-1169 Title Discussion regarding Eminent Domain proceedings to acquire real property along Freeport Parkway. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1169) Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1170 File ID: Type: Status: 2013-1170 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 07/03/2013File Created: 07/09/2013Final Action: Executive SessionFile Name: Title: Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. Notes: Agenda Date: 07/09/2013 Agenda Number: F. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 07/09/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1170 Title Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1170) Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1131 File ID: Type: Status: 2013-1131 Agenda Item Work Session 1Version: Reference: In Control: City Secretary 06/20/2013File Created: 07/09/2013Final Action: Work SessionFile Name: Title: A.Discussion regarding Combined Dispatch. B.Discussion regarding CRDC Sales Tax Reauthorization. C.Discussion regarding 5th Tuesday Workshops. D.Discussion of Agenda Items. Notes: Agenda Date: 07/09/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Presented in Work Session 07/09/2013City Council Presented in Work Session Action Text: Text of Legislative File 2013-1131 Title A.Discussion regarding Combined Dispatch. B.Discussion regarding CRDC Sales Tax Reauthorization. C.Discussion regarding 5th Tuesday Workshops. D.Discussion of Agenda Items. Summary Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1131) Goal Icon: Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1155 File ID: Type: Status: 2013-1155 Presentation Presented 1Version: Reference: In Control: Library 07/01/2013File Created: 07/09/2013Final Action: Library Board Report 2013File Name: Title: Report by Library Board. Notes: Agenda Date: 07/09/2013 Agenda Number: 6. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Vicki Chiavetta History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Presented07/09/2013City Council Patricia Nicks, Chair, gave the board's semi-annual report. Action Text: Text of Legislative File 2013-1155 Title Report by Library Board. Summary Patricia Nicks will report to Council on library and Board activities. Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1155) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1158 File ID: Type: Status: 2013-1158 Presentation Presented and Filed 2Version: Reference: In Control: Finance 07/01/2013File Created: 07/09/2013Final Action: Award 2013 Leadership Circle Gold MemberFile Name: Title: Presentation of an award to the City of Coppell from the Texas Comptroller of Public Accounts as a recipient of the 2013 Texas Comptroller Leadership Circle Gold Member. Notes: Agenda Date: 07/09/2013 Agenda Number: 7. Sponsors: Enactment Date: 2013 Leadership Circle Memo.pdf, 2013 Leadership Circle Certificate.pdf, 2013 Leadership Circle Press Release.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 2 Presented and Filed07/09/2013City Council Mayor Hunt presented the 2013 Texas Comptroller Leadership Circle Gold Member Award from the Texas Comptroller of Public Accounts to Cayce Lay, Budget Coordinator, and Sharon Logan, Community Information Officer. Action Text: Text of Legislative File 2013-1158 Title Presentation of an award to the City of Coppell from the Texas Comptroller of Public Accounts as a recipient of the 2013 Texas Comptroller Leadership Circle Gold Member. Summary See attached memorandum. Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1158) The Finance Department recommends acceptance and approval of this agenda item. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: July 9, 2013 Reference: Presentation of 2013 Texas Comptroller Leadership Circle Gold Member Award 2030: Sustainable City Government Introduction: The Comptroller of Public Accounts launched the Texas Comptroller Leadership Circle program in December 2009 to recognize local governments across Texas that are striving to meet a high standard for financial transparency online. They are spotlighting those local governments that are: opening their books to the public providing clear, consistent pictures of spending sharing information in a user-friendly format that lets taxpayers easily drill down for more information. The Comptroller awards Leadership Circle designees with a certificate reflecting their Circle Award level: Gold, Silver or Bronze. “Gold” highlights those entities that are setting the bar with their transparency efforts. “Silver” encourages those who are making progress. 2 “Bronze” inspires those who are just beginning their transparency efforts. Transparency is a broad term that, quite literally, means something that can be seen through. When talking about transparency in terms of government spending, the Comptroller is referring to a government opening its books to the public so that taxpayers can see exactly where their money is going. Transparency ensures that taxpayer dollars are spent efficiently by ensuring all decisions are made in the open and on the record. Transparency means that citizens can review and question policymakers' decisions, examine documents, root out inefficiencies and hold officials accountable for the way tax dollars are spent. Analysis: Through the efforts of Cayce Lay, Budget Coordinator and Sharon Logan, Community Information Officer, the City of Coppell recently rose in the ranks from Silver to Gold by continuing to post budgets, financial reports and by adding check registers online. The City’s efforts will be reviewed annually to ensure that we are complying with all of the requirements of the program in order to maintain our Gold designation. Legal Review: This agenda item did not require legal review. Fiscal Impact: There is no fiscal impact from this Agenda item. Recommendation: The Finance Department recommends acceptance and approval of this agenda item. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1129 File ID: Type: Status: 2013-1129 Agenda Item Passed 1Version: Reference: In Control: City Secretary 06/20/2013File Created: Final Action: MinutesFile Name: Title: Consider approval of minutes: June 11, 2013. Notes: Agenda Date: 07/09/2013 Agenda Number: A. Sponsors: Enactment Date: Minutes.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/09/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-E and G-J. Item F was pulled from the Consent Agenda. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1129 Title Consider approval of minutes: June 11, 2013. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1129) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 6:00 PM Council ChambersTuesday, June 11, 2013 KAREN HUNT BILLY FAUGHT Mayor Mayor Pro Tem TIM BRANCHEAU BOB MAHALIK Place 1 Place 2 WES MAYS GARY RODEN Place 3 Place 4 MARVIN FRANKLIN AARON DUNCAN Place 6 Place 7 CLAY PHILLIPS City Manager Karen Hunt;Billy Faught;Tim Brancheau;Bob Mahalik;Wes Mays;Gary Roden;Marvin Franklin and Aaron Duncan Present 8 - 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, June 11, 2013, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Hunt called the meeting to order, determined that a quorum was present and convened into Executive Session at 6:11 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding Economic Development prospects north of Bethel and west of Freeport Parkway. Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. Page 1City of Coppell, Texas June 11, 2013City Council Minutes B.Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. Discussed under Executive Session Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned the Executive Session at 6:32 p.m. and convened into the Work Session. A.Discussion regarding Library Kiosks. B.Discussion regarding Board and Commission Appointments . C.Discussion of Agenda Items. Presented in Work Session Regular Session Mayor Hunt adjourned the Work Session at 7:12 p.m. and opened the Regular Session. Invocation 7:30 p.m.4. Steve Calvert, Fire Department Chaplain, gave the Invocation. Pledge of Allegiance5. Mayor Hunt led those present in the Pledge of Allegiance. 6.Consider approval of a proclamation naming June 23, 2013 as Coppell Rotary Club Day and authorizing the Mayor to sign. Mayor Hunt read the proclamation for the record and presented the same to several members of the Coppell Rotary Club. A motion was made by Councilmember Wes Mays, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 7.Coppell Citizens’ Fire Academy Class of 2013 Graduate Recognition. Presented Fire Chief Kevin Richardson, Assistant Fire Marshall David Malone and David Green, Firefighter/Paramedic, recognized the Coppell Fire Academy Graduates Class of 2013. Citizens’ Appearance8. Page 2City of Coppell, Texas June 11, 2013City Council Minutes Mayor Hunt advised that no one signed up to speak. Consent Agenda9. A.Consider approval of minutes: May 28, 2013. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - B.Consider approval of a License Agreement between the City of Coppell and the Main Street Coppell Property Owners Association , Inc. to install and maintain landscaping and irrigation within City of Coppell property; and authorizing the City Manager to sign all necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - C.Consider approval of accepting the resignation of Linda Scott from the Park Board and appointing Maureen Corcoran to fill the unexpired term. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - D.Consider approval of accepting the resignation of Craig Pritzlaff from the Planning and Zoning Commission. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - E.Consider approval of an Ordinance for Case No. PD-91R2-SF-7, Northlake Woodlands Estates East , PH 1, Lot 10, Block 2, a zoning Page 3City of Coppell, Texas June 11, 2013City Council Minutes change from PD-91-SF-7 (Planned Development-91-Single Family-7) to PD-91R2-SF-7 (Planned Development-91 Revision 2-Single Family-7), to allow a seven and one-half foot encroachment over the required 30-foot front building setback line at 616 Villawood Lane and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 91500-A-625 F.Consider approval of a six month extension to the expiration date of June 12, 2013, for the GTE Shared Services Addition , Lots 1R1A-R, Block 1, Replat, being a replat of Lot 1R1 A of the GTE Shared Services Addition, to establish a fire lane and utility easements to support the development of 67,000-square-foot office/showroom/warehouse building on Lot 1R1A-R on 6.6 acres of property located at the northeast corner of Canyon Drive and S.H. 121. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - G.Consider approval of a three-month extension to the expiration date of July 9, 2013, for The Villas of Southwestern , Final Plat, a final plat to subdivide 3.87 acres of property for the development of seven (7) single-family lots and two (2) common area lots on land located north of Southwestern Boulevard, 1,060 feet west of Howell Street. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - H.Consider approval of a six-month extension to the expiration date of June 12, 2013, for the Petterson Addition , Lots 1R-7R & 1XR-2XR, Block A, Replat, being a replat to establish seven (7) single-family lots, two (2) common area lots and easements on 2.27 acres of property located along the north side of West Sandy Lake Road , approximately 130 feet west of Summer Place Drive. Page 4City of Coppell, Texas June 11, 2013City Council Minutes A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - I.Consider approval of an Ordinance to implement the Rate Review Mechanism (RRM) process for Atmos Energy Corp ., Mid-Tex Division, as a substitute for the legislatively-constructed Gas Reliability Infrastructure Program (GRIP) ratemaking mechanism; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: ORD 2013-1345 End of Consent Agenda 10.PUBLIC HEARING: Consider approval of Case No. PD-133R5-SF-7, Magnolia North Addition, a zoning change request from PD-133-HC (Planned Development-133-Highway Commercial) to PD-133R5-SF-7 (Planned Development-133-Revision 5-Single Family-7), to allow the development of 28 single-family lots and three (3) common area lots on 5.41 acres of property located along the south side of S.H. 121, approximately 260 feet west of North Denton Tap Road and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from “Freeway Special District” to “Urban Residential Neighborhood”. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for the following people who signed up to speak: 1) Bobby Rollings, 3221 St. Georges Dr., Plano, representing the applicant, made a presentation to Council. 2) Danny Cummings, Binkley & Barfield C&P Engineering, 1801 Gateway Blvd., conducted the traffic study. 3) Allen Gardiner, 5119 Oakhurst, Frisco, Appraiser, made a presentation to Council. 4) Steve Donosky, 4324 Amherst, Real Estate Investor, made a presentation to Council. 5) Kevin Dunn, 1324 Coral Dr., Real Estate Broker/Associate, made a presentation to Council. 6) Bryan Thompson, 626 Magnolia, spoke in opposition. Page 5City of Coppell, Texas June 11, 2013City Council Minutes 7) Ruth Holder, 134 Natches Trace, spoke in opposition. At 8:15 p.m., Mayor Hunt called for an Executive Session based on Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Hunt adjourned the Executive Session at 8:21 p.m. and reconvened into the Regular Session. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tem Billy Faught, to close the Public Hearing and approve this Agenda Item. The motion failed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Nay:7 - 11.PUBLIC HEARING: Consider approval of Case No. PD-262-H, Old Town Coppell Deli, Lot 1, Block A, a zoning change request from H (Historic) to PD-262-H (Planned Development-262-Historic), to demolish the existing restaurant and to establish a Detail Site Plan for the proposed 1,995-square-foot restaurant/convenience store with a 850-square-foot patio on 9,481 square feet of property located at 449 W. Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Gary Land, 525 Townhouse Ln., representing the applicant, made a presentation to Council. 2) Don Carter, 787 Pelican Ln, spoke against the item. 3) Pat Quinlan, 181 Simmons Rd., spoke against the item. 4) Pete Wilson, 214 Samuel Blvd., spoke against the item. 5) Martha Allison-Blewer, 617 Raven Ln., spoke against the item. 5) Pat Lambert, 764 S. Poydras Ln., Lewisville, spoke against the item. 6) Suzanne Williams, 9014 Silver Dollar Trail, Irving, spoke against the item. 7) Mrs. KW Dezendorf, 468 Shadowcrest Ln., spoke against the item. 8) Cliff Long, 776 Crestview Ct., spoke for and against the item. 9) Jack Rogers, 201 S. Fork, Lewisville, spoke against the parking. Jay Khorrami, applicant, answered questions of Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Tim Brancheau, to close the Public Hearing and approve subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; 2) Coordinate with the Historic Society to incorporate something from the Coppell Deli in the new development. (Replica awning has been included on west elevation); 3) An eight foot sidewalk is required adjacent to Bethel Road; 4) Coordinate with Waste Management for dumpster location and emptying times; Page 6City of Coppell, Texas June 11, 2013City Council Minutes 5) Ensure all mechanical equipment is screened; 6) Include an exhibit of the blade signage indicating color and materials to be used for administrative review prior to permitting; and 7) Coordinate with the Parks Department for existing irrigation locations and responsibilities. The motion passed 6-1 with Councilmember Duncan voting against the motion. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden and Councilmember Marvin Franklin Aye:6 - Councilmember Aaron DuncanNay:1 - 12.Consider approval of the Old Town Coppell Deli Addition , Lot 1, Block A, Minor Plat, to allow the construction of a 1,995-square-foot restaurant/convenience store with a 850-square-foot patio located on 9,481 square feet of property located at 449 W. Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Billy Faught, that this Agenda Item be approved subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; and 2) Ensure sidewalk easement is adequately depicted on plat. The motion passed 6-1 with Councilmember Duncan voting against the motion. At this time, Council took a ten minute break at 10:03 p.m. Mayor Hunt reconvened the Regular Session at 10:16 p.m. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden and Councilmember Marvin Franklin Aye:6 - Councilmember Aaron DuncanNay:1 - 13.PUBLIC HEARING: Consider approval of Case No. PD-108R 11-H, Old Town (Main Street), Phase II, a zoning change request from PD-108R8-H (Planned Development-108 Revision 8-Historic) and PD-108R10-H (Planned Development-108 Revision 10-Historic), to PD-108R 11-H (Planned Development-108 Revision 11-Historic), to establish a Detail Site Plan for 64 patio-home lots and four common area lots on 8.64 acres of property located on the northeast corner of South Coppell Road and the drive leading to the Service Center. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Mike Glenn, 105 Decker Court Ln., representing the applicant. Page 7City of Coppell, Texas June 11, 2013City Council Minutes 2) Janis Wilson Arthur, 708 S. Coppell Road., spoke against the item. Charles Cotton, applicant, answered questions of Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve subject to the following conditions: 1) There will be additional comments during detailed engineering plan review; 2) Park Development fees are $1,285 per unit; 3) Tree Removal Permit is required prior to the start of construction; and 4) Include details of masonry wall. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 14.PUBLIC HEARING: Consider approval of the Old Town (Main Street) Phase II, Replat, being a replat of Lots 1-5, Block A, Villages of Old Coppell and a portion of Lot 1, Block A, Grapevine Springs Community Center into 64 residential lots and four common area lots on 8.64 acres of property located at the northeast corner of South Coppell Road and the drive leading to the Service Center. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised no one signed up to speak. A motion was made by Councilmember Wes Mays, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; 2) Park Development fees are $1,285 per unit; 3) A Tree removal permit is required prior to the start of construction; 4) A replat is needed for Grapevine Springs Community Center; 5) Replat of proposed Lot 14, Block A into the Coppell Service Center plat is needed; and 6) Submit HOA documents showing maintenance responsibilities of common areas, walls, and fences. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 15.PUBLIC HEARING: Consider approval of Case No. PD-149R2-SF-7, Vistas of Coppell 1A, Lot 2, Block L, a zoning change request from PD-149-SF-7 (Planned Page 8City of Coppell, Texas June 11, 2013City Council Minutes Development-149-Single Family-7) to PD-149R2-SF-7 (Planned Development-149 Revision 2-Single Family-7), to allow a 5.25-foot encroachment over the required 20-foot rear building setback line, for the construction of a 288-square-foot addition at 729 Bella Vista Drive. Presentation: Gary Sieb, DIrector of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Gary Roden, to close the Public Hearing and approve the Agenda Item. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 16.Consider approval of the Belmont Landing, Preliminary Plat, to develop 55 single-family lots and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Gary Roden, that this Agenda Item be approved subject to the following conditions: 1) There may be additional comments upon detail engineering review; 2) Park development fees will be assessed at $1,285 per unit; and 3) Review and approval of the HOA documents by the City Attorney prior to filing the Final Plat. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 17.Consider granting the Planning & Zoning Commission authority for final plat approval of Belmont Landing, to develop 55 single-family lots and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Page 9City of Coppell, Texas June 11, 2013City Council Minutes Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 18.PUBLIC HEARING: Consider approval of Case No. PD-264-RBN-5, Easthaven, a zoning change request from R (Retail) to PD-264-RBN-5 (Planned Development 264-RBN5-Residential Urban Neighborhood) to allow the development of 58 single-family lots and (3) three common area lots on 22 acres of property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Mark Harris, applicant, answered questions of Council. A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve subject to the following conditions: 1) Common Lot D, Lot 1X (buffer/drainage area): a) Once the infrastructure is in place, evergreen trees (such as Elderica Pine or Eastern Red Cedar) shall be planted as necessary to provide that there will be tree approximately every 40 linear feet within this buffer area; 2) Until such time that the second point of access is provided, a maximum of 30 homes shall be built. Homes 31-58 shall be equipped with an approved fire suppression system unless a second point of access is provided. A temporary access (all weather surface) shall be allowed for a period not to exceed two years, then permanent (concrete) access will be required. This second point of access shall be provided via an easement which shall be filed record. 3) Tree removal permit will be required prior to the removal of any trees; 4) Park Fees in the amount of $1,280 per unit shall be assessed; and 5) CLOMR approval prior to Final Plat approval. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 19.Consider approval of the Easthaven, Preliminary Plat, to subdivide 22 acres into 58 single-family lots and (3) three common area lots on property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap Road . Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved subject to the following conditions: Page 10City of Coppell, Texas June 11, 2013City Council Minutes 1) There may be additional comments upon detail engineering review; 2) Revise the PD Conditions and Variances to reflect as incorporated in the PD Zoning; 3) Tree removal permit will be required prior to the removal of any trees; 4) Park Fees in the amount of $1,280 per unit shall be assessed; and 5) CLOMR approval prior to Final Plat approval. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 20.Consider granting the Planning & Zoning Commission authority for Final Plat approval of Easthaven, Preliminary Plat, to subdivide 22 acres into 58 single-family lots and (3) three common area lots on property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap Road . Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 21.PUBLIC HEARING: Consider approval of Case No. PD-240R5-HC, North Gateway Plaza, Lot 7R, Block A - Black Walnut Café, a zoning change request from PD-240R4-HC (Planned Development-240 Revision 4-Highway Commercial), to PD-240R5-HC (Planned Development-240 Revision 5-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 1.88 acres to allow the development of a 6,542 square-foot restaurant with a 964-square-foot patio and 2,500 square foot of retail uses to be located at 775 North Denton Tap Road . Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised no one signed up to speak. Danny Cummings, 1801 Gateway Blvd., representing the applicant, answered questions of Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) There will be additional comments during detailed engineering plan review; 2) Some drainage will need to be accommodated on the mutual access drive; and Page 11City of Coppell, Texas June 11, 2013City Council Minutes 3) Ensure proposed signage matches signage to north and south (black reverse illuminated channel letters). Only 20% of the signage is permitted to be logo. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 22.Consider approval of the North Gateway Plaza, Lot 7R, Block A, Final Plat, to establish various utility and fire lane easements to allow the development of a 6,542 square-foot restaurant, with a 964-square-foot patio and 2,500 square foot of retail uses on 1.88 acres of property located at 775 North Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Danny Cummings, 1801 Gateway Blvd., representing the applicant, answered questions of Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve this Agenda Item subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; 2) Some drainage will need to be accommodated on the mutual access drive; and 3) File all off-site easements and note recording information on plat prior to plat recordation. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 23.PUBLIC HEARING: Consider approval of Case No. PD-199R8-HC, Vista Point II, Lot 6R, Block A, - Children’s Learning Adventure , a zoning change request from PD-199-HC (Planned Development-199-Highway Commercial), to PD-199R8-HC (Planned Development-199-Revision 8-Highway Commercial), to attach a Detail Site Plan on 2.6 acres to allow the development of a Day Care Center to be located at 811 N. MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Mr. Sieb read a letter from the applicant requesting to continue the Agenda Item to the July 9th Council Meeting. A motion was made by Councilmember Gary Roden, seconded by Page 12City of Coppell, Texas June 11, 2013City Council Minutes Councilmember Marvin Franklin, to continue the Public Hearing to the July 9th Council Meeting. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 24.PUBLIC HEARING: Consider approval of the Vista Point II , Lot 6R, Block A, Replat, being a replat of Lots 6 and 7, Block A, into one lot and to establish easements, fire lanes and setbacks to allow the development of a Day Care Center on 2.6 acres of property located at 811 N. MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Mr. Sieb read a letter from the applicant requesting to continue the Agenda Item to the July 9th Council Meeting. A motion was made by Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, to close the Public Hearing, deny the Agenda Item and direct the applicant to resubmit with the Public Hearing on July 9th. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 25.PUBLIC HEARING: Consider approval of the Gateway Business Park II, Lot 1R, Block B, - BMSC/Naterra Corp. Headquarters, Replat, to establish setback lines and necessary easements to allow the construction of a 317,212-square-foot, two-story office/warehouse/manufacturing building on 18.4 acres of property located at the southeast corner of Freeport Parkway and Wrangler Drive . Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Clayton Strolle, representing the applicant, was available for questions. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Gary Roden, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 26.Consider approval of settlement and release agreement(s) by and Page 13City of Coppell, Texas June 11, 2013City Council Minutes between Luminant and Coppell concerning property located at Northlake; and, authorizing the City Manager to sign. Presentation: Bob Hager, City Attorney, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-0611.3 27.Consider approval of a surface use agreement by and between Luminant, Trammell Crow No. 43, Ltd., Coppell Independent School District and the City of Coppell covering approximately 1,700 ± acres of land at Northlake; and, authorizing the City Manager to sign and execute all necessary documents. Presentation: Bob Hager, City Attorney, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-0611.4 28.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Arosh , LLC, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-0611.1 29.Consider approval of an Civic Center Agreement by and between the City of Coppell and Arosh , LLC, and authorizing the City Manager to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Page 14City of Coppell, Texas June 11, 2013City Council Minutes A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 30.Consider approval of a Resolution approving the terms and conditions of the Interlocal Government Agreement between The Town of Addison, The City of Carrollton, The City of Farmers Branch and The City of Coppell to participate in the Metrocrest Quad Cities Public Safety Radio System, authorizing the Mayor to sign; and, to authorize the City Manager to fund $3,186,366, plus a ten percent (10%) contingency to purchase the P25 Trunked Radio System, installation and related accessories for the Metrocrest Quad Cities Public Safety Radio System; and authorizing the City Manager to execute any and all appropriate purchase order(s), change order(s) and/or related documents. Presentation: Mac Tristan, Police Chief, made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tem Billy Faught, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-0611.2 31.Consider appointments to Council Committees. Mayor Hunt made the following Committee Appointments: CFBISD/LISD Liaison - Billy Faught and Wes Mays CISD Liaison - Bob Mahalik and Aaron Duncan Coppell Seniors - Tim Brancheau and Billy Faught Dallas Regional Mobility Coalition - Karen Hunt and Gary Roden Regional Green Team - Tim Brancheau Metrocrest Community Clinic - Wes Mays Metrocrest Medical Foundation - Bob Mahalik Metrocrest Social Services/Senior Adult Services - Marvin Franklin North Texas Council of Governments - Aaron Duncan North Texas Commission - Gary Roden A motion was made by Councilmember Gary Roden, seconded by Mayor Pro Tem Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Page 15City of Coppell, Texas June 11, 2013City Council Minutes Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - City Manager Reports32. Project Updates and Future Agendas. City Manager Clay Phillips reported that the Canal Work at Andy Brown Park East continues and the Biodiversity Center is nearing the concrete pouring stage. The Contractors at The Square at Main Street in Old Town Coppell are working on the fountain and establishing the foundation for the pavllion. The Sandy Lake Road project will begin on July 8th. Mr. Phillips also reminded Council that there are no further Council Meetings for June. The next City Council Meeting will be July 9th. Mayor and Council Reports33. A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting . B.Report by Mayor Hunt regarding Spirit of Coppell 2013. A) Mayor Hunt reported on the Metroplex Mayors' Meeting. The newly elected mayors from the surrounding communities were in attendance. They received a Legislative Update from TML. There will be another TML update opportunity in Austin. See the TML website for details. B) Mayor Hunt announced that the Spirit of Coppell Celebration will begin with fireworks on July 3rd. The musical band will be Limelight. Activities include: bounce houses, food vendors galore, face painting, and train rides. All activities will begin at 7pm with the fireworks show at 9:40pm. On July 4th, the parade will begin at 9am with the route including Samuel Blvd. to Parkway Blvd. to Town Center. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 34. Councilmember Franklin reported that the organizations of Metrocrest Social Services and Senior Adult Services will merge this fall. Tracy Eubanks will be the CEO with Mary Joyner staying as actively involved. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 35. Councilmember Duncan reported on the Farmers Market Farm to Table Dinner. He said it was well attended and a great time for everyone. Necessary Action from Executive Session36. Nothing to report. Adjournment Page 16City of Coppell, Texas June 11, 2013City Council Minutes There being no further business before the Council, the meeting was adjourned. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 17City of Coppell, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1135 File ID: Type: Status: 2013-1135 Agenda Item Passed 1Version: Reference: In Control: City Secretary 06/24/2013File Created: Final Action: Board AppointmentFile Name: Title: Consider approval of the appointment of Vijay Samar to the Planning and Zoning Commission to fill the unexpired term of Craig Pritzlaff. Notes: Agenda Date: 07/09/2013 Agenda Number: B. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/09/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-E and G-J. Item F was pulled from the Consent Agenda. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1135 Title Consider approval of the appointment of Vijay Samar to the Planning and Zoning Commission to fill the unexpired term of Craig Pritzlaff. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1135) Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1126 File ID: Type: Status: 2013-1126 Agenda Item Passed 1Version: Reference: In Control: Engineering 06/14/2013File Created: Final Action: Materials testing for Sandy LakeFile Name: Title: Consider approval of a contract for materials testing for the Sandy Lake Road Project (#ST 99-02) to Alliance Geotechnical Group in the amount of $95,145.50; and authorizing the City Manager to sign and execute the necessary documents. Notes: Agenda Date: 07/09/2013 Agenda Number: C. Sponsors: Enactment Date: Cover Memo.pdf, Location Exhibit.pdf, Sandy Lake Road Testing Proposal.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/09/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-E and G-J. Item F was pulled from the Consent Agenda. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1126 Title Consider approval of a contract for materials testing for the Sandy Lake Road Project (#ST 99-02) to Alliance Geotechnical Group in the amount of $95,145.50; and authorizing the City Manager to sign and execute the necessary documents. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1126) This agenda item is being presented for approval to enter into a contract with Alliance Geotechnical Group for materials testing for the West Sandy Lake Road reconstruction project. Fiscal Impact: Funds are available in the Street CIP accounts for this contract. Staff Recommendation: The Engineering Department recommends approval of this contract with Alliance Geotechnical Group in the amount of $95,145.50. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: July 9, 2013 Reference: Materials Engineering and Testing Contract for the Reconstruction of Sandy Lake Road from Denton Tap to North Coppell Road. 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities Introduction: This agenda item is being presented for approval to enter into a contract with Alliance Geotechnical Group for materials testing for the West Sandy Lake Road reconstruction project. Analysis: At the May 28th City Council Meeting, Council approved a contract with Tiseo Paving for the reconstruction of the portion of Sandy Lake between Denton Tap and North Coppell Road. This is a companion piece to that contract. In order to ensure the contractor constructing our projects uses appropriate materials and methods, we use a combination of in-house construction inspection, and contracted materials testing. The materials testing contract covers laboratory testing, and specialized equipment to help ensure the project meets city requirements. Alliance Geotechnical Group offers the professional services of geotechnical, environmental, and materials engineering and testing. As a professional engineering service, we have selected Alliance based on their qualifications to perform the tasks required on this project, and have arrived at the contract amount through negotiations. Alliance has completed several similar projects for the City, and we are confident in their ability to complete this project. Legal Review: This item did not require legal review. Fiscal Impact: The fiscal impact of this Agenda item is $95,145.50. 2 Recommendation: The Engineering Department recommends approval of this contract with Alliance Geotechnical Group in the amount of $95,145.50. W Sandy Lake Road Reconstruction Denton Tap Rd to N Coppell Rd City of Coppell Project ST99-02 Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\ST99-02 W Sandy Lake\dwg\X-BASE-exhibit.dwg \ST99-02CC Created on: 22 May 2013 by Scott Latta 1/2 11/2 1 INCH = FT. 0 600 600 300 W Sandy Lake Road Reconstruction Denton Tap Rd to N Coppell Rd City of Coppell Project ST99-02 Created in CIVIL3DS:\CAD\In_Design\ST99-02 W Sandy Lake\dwg\X-BASE-exhibit.dwg \ST99-02CC Created on: 22 May 2013 by Scott Latta AREA OF PROPOSED STREET RECONSTRUCTION 2/2 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1134 File ID: Type: Status: 2013-1134 Agenda Item Passed 1Version: Reference: In Control: Engineering 06/24/2013File Created: Final Action: School Zone Flasher EquipmentFile Name: Title: Consider approval to purchase school zone flasher controllers and hardware for 35 locations from Consolidated Traffic Controls, Inc. through an Interlocal Agreement with Houston Galveston Area Council (H-GAC), in the amount of $138,743.00; and authorizing the City Manager to sign and execute the necessary documents. Notes: Agenda Date: 07/09/2013 Agenda Number: D. Sponsors: Enactment Date: Cover Memo.pdf, School Zone Flashers Exhibit.pdf, Contract Pricing Worksheet.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/09/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-E and G-J. Item F was pulled from the Consent Agenda. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1134 Title Consider approval to purchase school zone flasher controllers and hardware for 35 locations from Consolidated Traffic Controls, Inc. through an Interlocal Agreement with Houston Galveston Area Council (H-GAC), in the amount of $138,743.00; and authorizing the City Manager to sign and execute the necessary documents. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1134) Summary This request is to purchase, and have installed by an outside consultant, school zone flasher controller equipment at 35 locations around town. Fiscal Impact: Funds are available within the current year General Fund budget for this project. Staff Recommendation: The Engineering Department recommends approval of the purchase of this equipment. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering and Public Works Date: July 9, 2013 Reference: Replace School Zone Flasher Controllers and Solar Upgrades 2030: Sustainable City Government, Goal 1 Excellent City Services with high level of Customer Satisfaction Special Place to Live, Goal 4 Mobility within Coppell Introduction: The City of Coppell Traffic Division maintains 35 school zone flasher assemblies. Over the past 9 months the school zone flasher controllers have been experiencing multiple failures. The existing system was installed in 2010. It has been determined that the issues with the system are based on communications. The current modem provides constant communications to the ‘field’ and the ‘field’ uses the time stamp from the modem to set the current time. If the modem loses communication, the ‘field’ does not know what time it is and thus cannot turn the flasher on or off as necessary. The problems experienced have not been able to be resolved by the manufacturer and, in fact, the original company has been bought out. This request is to purchase, and have installed by an outside consultant, school zone flasher controller equipment at 35 locations around town. This request will also convert 9 remaining school zone flashers from AC power to solar. There will be 2 locations that will remain AC powered due to improper location for solar. Analysis: In May 2013, the City of Coppell tested this system at 2 locations. The results were positive. The controller chosen is the RTC Manufacturing AP 22 Time Switch. Additionally, we are purchasing a communications package which will include 10 years of 2-way communications service at each site (currently a mobile to mobile (M2M) short message service (SMS) modem). This communications package will include upgrades due to any future technology changes for 10 years. This system only communicates from the office to the field as new calendar updates are made and occasionally to verify communication. Otherwise it is a basic time clock that has been around for many years. Due 2 to the size of the new time clock and modem, new cabinets must be installed at each location which are slightly larger than the existing cabinets. Legal Review: N/A Fiscal Impact: $138,743.00 Recommendation: The Engineering Department recommends approval of the purchase of this equipment. 3 Caption: Consider approval to purchase school zone flasher controllers and hardware for 35 locations from Consolidated Traffic Controls, Inc. through an Interlocal Agreement with Houston Galveston Area Council (H-GAC), in the amount of $138,743.00; and authorizing the City Manager to sign and execute any necessary documents. ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_^_ ^_ ^_ ^_^_^_ ^_ ^_ ^_^_ ^_ ^_ ^_ ^_^_ ^_ ^_^_ ^_ ^_ ^_ ^_^_ ^_ ^_ ^_ ³ 1 inch = 4500 feetColor Photo Date: Jan 2011 SCHOOL ZONE FLASHERS Created by JW in ArcGIS 10.0Path: C:\Data\Projects \GMarshall \Co nduit\MXD\ISDFl ash ers.mxd 0 4,5002,250 Feet ^_SOLAR ^_REMAIN A/C ^_A/C TO SOLAR Contract No.:PE-05-13 Date Prepared:6/27/2013 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 0 2 3363 6726 0 0 0 0 2 4593 9186 0 0 0 0 0 122831 138743 Quan Unit Pr Total 0 0 0 0 0 0% 0 138743 Subtotal A: Equipment includes: RTC pole mounted enclosure with Solar Control Panel with DC flasher, 58 Ahr RTC Solar Powered School Zone Flashing Beacon System w/ M2M SMS Cellular 2-way communication Catalog / Price Sheet Name:Traffic Control, Enforcement & Signal Preemption Equipment Description Conversion SB Coppell Rd & SB S. Moore Rd. to RTC Mfg AC with Battery SZFB Sites Time Switch and RTC M2M10YR SMS Cellualar Service Package w/ SMS Modem, SIM Card, Internal Rebuild NB N. Moore Rd. & SB N. Moore Rd to RTC Mfg. Solar Powered SZFB Sites or External Antenna Assembly, RS232 Adaptor Cable, 10 years SMS 2-Way Communications Service RS232 Adapter Cable, and 10 Years SMS 2-Way Communications Service. Subtotal C: Check: The total cost of Unpublished Options (Subtotal B) cannot exceed 25% of the total from Section A.For this transaction the percentage is: Total From Other Sheets, If Any: Delivery Date: 4 to 6 Weeks ARO D. Total Purchase Price (A+B+C): B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Subtotal B: Total From Other Sheets, If Any: C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges Description This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Gel Cell Battery, and AP22 Time Switch. Mounted to 15' spun aluminum pole with square base, collar, and screw-in anchor. Dual 12 Amber LED 8W Beacons w/ Yellow Poly Signal Heads. RTC M2M10YR SMS Cellular Service Package with SMS Modem, SIM Card, Internal or External Antenna Assembly, A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary City of Coppell, Texas George Marshall, Traffic Engineer 972-304-3562 RTC Battery Powered School Flashing Beacon System using exsting pole and dual LED flashing beacons. Equipment includes: RTC Cabinet w/ 108 Ahr Battery and AC Charger & Regulator Controls, AP22 CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases 972-304-3570 800-448-8850 General Description of Product:RTC Mfg School Zone Flashing Beaocn System Upgrade with M2M and Central Control Software Page 1 of 3 gmarshall@coppelltx.gov Consolidated Traffic Controls, Inc. Frank Fisher 800-448-8841 ctcffisher@aol.com Contract No.:PE-05-13 Date Prepared:6/27/2013 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 0 9 3375 30375 0 0 0 0 0 22 3063 67386 0 0 0 0 97761 Quan Unit Pr Total 0 0 0 0 0 0% 0 97761 Subtotal A: RTC Mfg. Solar Powered SZFB Systems using existing pole, solar panel, and dual LED beacons. Convert 22 Solar Powred SZFB Sites to RTC Solar Powered SZFB Sites w/ M2M 2-way Comm. Catalog / Price Sheet Name:Traffic Control, Enforcement & Signal Preemption Equipment Description Convert 9 AC Powered Sites to RTC Solar SZFB Systems w/ M2M 2-way Communications Solar Panel, 108 Ahr Gel Cell Battery, RTC AP22 Time Switch with RTC M2M10YR SMS Cellular Adapter Cable, and 10 Years SMS 2-way Communications Service. Service Package with SMS Modem, SIM Card, Internal or External Antenna Assembly, RS232 2-way Communications Services. Subtotal C: Check: The total cost of Unpublished Options (Subtotal B) cannot exceed 25% of the total from Section A.For this transaction the percentage is: Delivery Date: 4 to 6 Weeks ARO D. Total Purchase Price (A+B+C): B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Subtotal B: Total From Other Sheets, If Any: C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges Description This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Equipment to be installed includes: RTC pole mounted Enclosure with Solar Control Panel, 108 Ahr Gel Cell Battery, AP22 Time Switch, and RTC M2M10YR SMS Cellular Services Package with SMS Modem, SIM Card, Internal or External Antenna Assembly, RS232 Adapter Cable, and 10 Years SMS A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary City of Coppell, Texas George Marshall, Traffic Engineer 972-304-3562 RTC Mfg. Solar Powered SZFB Systems using existing pole and dual LED beacons. Equipment to be installed includes: RTC pole mounted Enclosure with Solar Control Panel, Side of Pole mounted 30W CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases 972-304-3570 800-448-8850 General Description of Product:RTC Mfg School Zone Flashing Beaocn System Upgrade with M2M and Central Control Software Page 2 of 3 gmarshall@coppelltx.gov Consolidated Traffic Controls, Inc. Frank Fisher 800-448-8841 ctcffisher@aol.com Contract No.:PE-05-13 Date Prepared:6/27/2013 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 0 1 00 0 109 230 25070 0 0 0 0 0 0 0 0 25070 Quan Unit Pr Total 0 0 0 0 0 0% 0 25070 CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases 972-304-3570 800-448-8850 General Description of Product:RTC Mfg School Zone Flashing Beaocn System Upgrade with M2M and Central Control Software Page 3 of 3 gmarshall@coppelltx.gov Consolidated Traffic Controls, Inc. Frank Fisher 800-448-8841 ctcffisher@aol.com This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Note: HGAC Unit of Labor for RTC Mfg. equipment installlations is 230.00/hour) A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary City of Coppell, Texas George Marshall, Traffic Engineer 972-304-3562 RTC Connect Central Control Software to be installed on a Coppell supplied PC with Internet Access. Delivery Date: 4 to 6 Weeks ARO D. Total Purchase Price (A+B+C): B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Subtotal B: Total From Other Sheets, If Any: C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges Description Subtotal C: Check: The total cost of Unpublished Options (Subtotal B) cannot exceed 25% of the total from Section A.For this transaction the percentage is: Subtotal A: installation equipment, materials, and CTC labor. will conduct a system test and verifify proper opeation at all locations. Pricing includes all required Catalog / Price Sheet Name:Traffic Control, Enforcement & Signal Preemption Equipment Description CTC Installation Services. Price includes installation of all quoted equipment, site utility locate CTC will assist with set-up and configuration of RTC Connect Central Control Software. CTC services for 2 new solar school zone flashing beacons at Town Center Elementary School Cross Walk. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1146 File ID: Type: Status: 2013-1146 Agenda Item Passed 1Version: Reference: In Control: Engineering 06/26/2013File Created: Final Action: Ridgecrest Addition decorative street signsFile Name: Title: Consider approval to enter into a License Agreement with the Ridgecrest Homeowners Association to allow use of decorative street and regulatory signs within the City ’s right of way; and authorizing the City Manager to sign and execute any necessary documents. Notes: Agenda Date: 07/09/2013 Agenda Number: E. Sponsors: Enactment Date: License Agreement Memo.pdf, Ridgecrest Signs.pdf, Ridgecrest Lic.pdf, Sign Locations.pdf, License Agreement Ridgecrest.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/09/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-E and G-J. Item F was pulled from the Consent Agenda. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1146 Title Consider approval to enter into a License Agreement with the Ridgecrest Homeowners Association to allow use of decorative street and regulatory signs within the City ’s right of way; and authorizing the City Manager to sign and execute any necessary documents. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1146) Summary This agenda item is being presented for approval to allow use of decorative street and regulatory signs within the City’s right of way. Fiscal Impact: No fiscal impact Staff Recommendation: The Engineering Department recommends approval of the License Agreement between the City of Coppell and Ridgecrest Subdivision Homeowners Association. Goal Icon: Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: July 9, 2013 Reference: Consider approval of a license agreement within the Ridgecrest Subdivision Homeowners Association 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities Introduction: This agenda item is being presented for approval to enter into a License Agreement with the Ridgecrest Homeowners Association to allow use of decorative street and regulatory signs within the City’s right of way; and authorizing the City Manager to sign and execute any necessary documents. Analysis: David Weekly Homes, the developer of the Ridgecrest Subdivision, is requesting to install decorative street signs, decorative regulatory signs and decorative poles that are not in compliance with the City of Coppell standards, similar to Red Hawk and Arbor Manors. This License agreement also assigns the maintenance responsibility of the street signs and poles to the HOA. If a sign and pole are damaged the City of Coppell will install a standard sign and pole. The HOA will be responsible for replacing the standard sign and pole with the decorative one and return the standard sign and pole to the City of Coppell. Legal Review: This agreement was reviewed by David Dodd on 6/26/2013. Fiscal Impact: This item has no fiscal impact to the city. Recommendation: The Engineering Department recommends approval of the License Agreement between the City of Coppell and Ridgecrest Subdivision Homeowners Association. Proposed R.O.W. License Agreementfor Decorative Street SignsRidgecrest EstatesCreated in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2012.dwg\RIDGECREST LICCreated on: 1 July 2013 by Scott Latta1/21/21 DATENO.BYREVISIONSHEETPLATE NO.:DRAWNDESIGNCHECKEDDATESCALEJOBSTATE REGISTRATION NUMBER: F-39911110231" = 40'7/18/2012CWHCWHJCRCITY OF COPPELLDALLAS COUNTY, TEXAS13GRAPHIC SCALEY:\11023\11023-STLIGHT.dwg, STLIGHT, 7/1/2013 9:33:08 AM, chelffrich, Dowdey, Anderson & Associates, Inc., CH Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1145 File ID: Type: Status: 2013-1145 Agenda Item Passed 1Version: Reference: In Control: Engineering 06/26/2013File Created: 08/13/2013Final Action: Freeport Pkwy ROW acquisition proceedingsFile Name: Title: Consider approval of a Resolution authorizing the city attorney to file eminent domain proceedings to acquire 0.138 +/- acres of real property for the expansion of public roadway and right of way along Freeport Parkway; and authorizing the Mayor to sign and execute the necessary documents. Notes: Agenda Date: 08/13/2013 Agenda Number: D. Sponsors: Enactment Date: Eminent Domain Memo.pdf, Resolution.pdf, Exhibit A - Site Plan.pdf Attachments: Enactment Number: 2013-0813.2 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Pulled07/09/2013City Council Pulled Action Text: 1 PassApproved08/13/2013City Council Mayor Hunt pulled Consent Agenda Item D off to be considered separately. Mike Garza, Civil Engineer, made a brief presentation to further explain this Agenda Item. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tem Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1145 Title Consider approval of a Resolution authorizing the city attorney to file eminent domain proceedings to acquire 0.138 +/- acres of real property for the expansion of public roadway and Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1145) right of way along Freeport Parkway; and authorizing the Mayor to sign and execute the necessary documents. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: The Engineering department recommends approval of this resolution. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 13, 2013 Reference: Consider approval of a resolution authorizing eminent domain proceedings 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities Introduction: This agenda item is being presented for approval of a resolution authorizing the city attorney to file eminent domain proceedings to acquire 0.138 +/- acres of real property for the expansion of public roadway and right of way along Freeport Parkway located at 192 S. Freeport Parkway, Coppell, Dallas County, Texas. Analysis: For the portion of Freeport Parkway from Ruby Road to West Sandy Lake Road, the city has been working on right of way acquisition since January of 2009. We have acquired all the property needed with the exception of 192 S. Freeport Parkway. Below is a breakdown for each parcel: Parcels 1&3 – City of Coppell Parcels 1&3 are located on S. Freeport Parkway and are City of Coppell Wagon Wheel Park properties that consist of 18,992 SF and 25,875 SF respectively. Parcel 2 – Stewart Family Living Trust Parcel 2 is located at 300 S. Freeport Parkway and consists of 14,948 (.343 AC) square feet. This parcel has been acquired at a value of $104,940.00, or $7.02/SF. Parcel 4 – Henry Tate Parcel 4 is located at 288 S. Freeport Parkway and consists of 7,579 (.174 AC) square feet. This parcel has been acquired at a value of $36,943.50, or $4.87/SF. Parcel 5 – Michael and Linda Alexander Parcel 5 is located at 196 S. Freeport Parkway and consists of 12,240 (.281 AC) square feet. This parcel has been acquired at a value of $65,882.40, or $5.38/SF. 2 Parcel 6 – Joe Charles Hardman Parcel 6 is located at 192 S. Freeport Parkway and consists of 6,011 (0.138 AC) square feet. At this point, no agreement has been reached on this parcel. Contact was made with Joe Hardman via letter by our department on 1/20/2009 informing him of the project and the right of way needs with an offer of $15,028.20, or $2.50/SF. There was no response and this project was put on hold. On 6/1/2011 another letter was sent to Mr. Hardman with the same offer. This offer was verbally declined. On 3/21/2012 an offer of $55,480.30, or $9.23/SF was sent to Mr. Hardman for his consideration. Included in this offer was an amount that Mr. Hardman had provided us with from an appraisal he had done by a certified arborist for 3 trees that we would be removing from his property in the amount of $29,650.00. We also offered to compensate him $3,300 for future water impact fees and $6,000 for noise, landscaping and screening from the roadway. In July of 2012 the city met with Mr. Hardman and he provided us a counter-offer of $106,401.00 or $17.70/SF. On 12/26/2013, a final offer of $59,480.30, or $9.90/SF was sent to Mr. Hardman. On 5/29/2013, the city met with Mr. Hardman and he informed us that we still were not close to his numbers. He notified us that he was going to have to do more research and get back to us. We let him know that we would need to move forward and proceed on the July 9th council meeting with the intent of eminent domain process, and in the meantime he could provide us with his numbers. On July 9th, we met with Mr. Hardman and agreed to an amount of $85,000 or $14.14/SF and he signed the letter of intent. We pulled the item from the council agenda and began the process to issue the funds to Mr. Hardman. Mr. Hardman began to have second thoughts on his agreement and on July 23rd, we met with Mr. Hardman again and he decided to back out of the offer and asked us to proceed with the imminent domain process. Parcel 7 – Cabot II TXIL01 LP Parcel 7 is located on S. Freeport Parkway and consists of 566 (.013 AC) square feet. This parcel has been acquired at a value of $1,415, or $2.50/SF. Parcel 8 – Kristine Sorokwasz Parcel 8 is located on 188 S. Freeport Parkway and consists of 6,447 (.148) square feet. This parcel has been acquired at a value of $32,346.70, or $5.02/SF. Legal Review: This resolution was reviewed by David Dodd on 6/26/2013. Fiscal Impact: The funds for the right of way purchase are provided through the Regional Toll Revenue (RTR) fund. The state pays 80% and the city pays 20%. Of the $85,000 that was offered, the city would be responsible for $17,000.00. Recommendation: The Engineering department recommends approval of this resolution. CITY OF COPPELL, TEXAS RESOLUTION NO. ______________ A RESOLUTION PROVIDING FOR AND CONSENTING TO THE EXERCISE OF EMINENT DOMAIN AS AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; PROVIDING FOR THE ACQUISITION BY EMINENT DOMAIN OF A PORTION OF THE PROPERTY DESCRIBED IN EXHIBIT A AND B AND COMMONLY REFERRED TO AS 192 SOUTH FREEPORT PARKWAY WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS; DECLARING A PUBLIC NECESSITY EXISTS AND FINDING A PUBLIC USE AND PURPOSE FOR THE WELFARE AND CONVENIENCE OF THE CITIZENS, REQUIRES THE TAKING AND ACQUIRING OF PROPERTY FOR THE EXPANSION OF ROADWAY, THAT CERTAIN TRACT WHICH WILL BE BURDENED WITH THE ROADWAY EXPANSION IS LOCATED ON THE EAST LINE OF SOUTH FREEPORT PARKWAY APPROXIMATELY 1500 FEET SOUTH OF WEST SANDY LAKE ROAD; PROVIDING FOR AN OFFER TO PURCHASE THE PERMANENT RIGHT OF WAY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING COUNSEL TO INSTITUTE NECESSARY PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY FOR STREET WIDENING AND RELATED PUBLIC PURPOSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Coppell (“City”) wishes to provide for the health and welfare of its citizens; and WHEREAS, the City is a home rule City with specific, enumerated powers to provide for the health, safety and general welfare of its citizens; and WHEREAS, it is hereby determined that a public necessity exists, and that a public use and purpose for the welfare and convenience of the citizens requires the acquisition of permanent right of way for street widening purposes, with such right of way vesting in the City burdening the hereinafter described property, for the public purpose of constructing and maintaining right of way for public streets and utility improvements; and WHEREAS, the City is authorized pursuant to Chapter 251, TEX. LOCAL GOV’T CODE, to exercise the right or power of eminent domain for public purposes to acquire property, whether located inside or outside the municipality, where necessary for the purpose of providing a thoroughfare system, a waterworks system, water storage, drainage, treatment, distribution, transmission, or sewage system, including sewage collection, drainage, treatment, disposal, and emptying facilities or any other public purpose recognized under state law; and Page 2 NJDHS 992010 WHEREAS, the City is authorized to exercise the power of eminent domain to acquire said tract of land more fully described herein and depicted in Exhibit A and B, which is attached hereto and incorporated herein; and WHEREAS, the City is acquiring such land in accordance with state law; and WHEREAS, the parcel of land so described herein will be appraised in accordance with the provisions of Chapter 21, TEX. PROPERTY CODE to establish just compensation as provided therein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That City Manager or designee is hereby authorized and directed to implement the applicable provisions of this Resolution. Section 2. That a public necessity exists and public use and purpose for the public welfare and convenience require the acquisition of a portion of the property located at 192 South Freeport Parkway for the purpose of providing a thoroughfare system, a waterworks system, water storage, drainage, treatment, distribution, transmission, or sewage system, including sewage collection, drainage, treatment, disposal, and emptying facilities or any other public purpose recognized under state law for Freeport Parkway, being a public thoroughfare, with title vesting in the City of Coppell, Texas, in that certain tract or parcel of land containing approximately 0.138 (+/-) acres of land in the name of the City of Coppell in, over and across the property owned by Joe Charles Hardman depicted in Exhibit A and B, attached hereto and made a part hereof for all purposes. Section 3. That the public is required to obtain the subject tract for the expressed public purpose of expanding and extending public right-of-way for the widening of Freeport Parkway; as depicted on the current City of Coppell thoroughfare plan. Section 4. That the city council of the City of Coppell hereby finds that there is a public necessity and public use and purpose required to acquire the permanent right of way and the size, scope, width and dimensions set forth herein and for the purposes stated in this Resolution. Section 5. That an offer of a just and adequate compensation based on fair market value shall be made for the said 0.138(+/-) acre tract of land, more or less, including damages to the remainder, if any. Said offer having been based on an independent appraisal. The City Manager, or designee, is hereby authorized and directed to make an offer for the acquisition of the permanent right of way to the owner of the property. Section 6. That in the event the offer described herein is refused or not accepted by the owner of the property, the City Attorney is hereby authorized and directed on behalf of the City to file the necessary eminent domain proceedings or suit and to take whatever action may be necessary against the owner and any other parties having interest in the property to acquire the property for such public purpose as set forth herein with such title vesting in the City of Coppell. Page 3 NJDHS 992010 Section 7. That if it should be subsequently determined that additional parties other than those named herein have an interest in said property then the City Attorney or designee is authorized and directed to join said parties as defendants in said condemnation. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity obtaining City Council approval authorizing condemnation of the corrected or revised property. Section 8. That if for any reason any section, paragraph, subdivision, clause, phrase or provision of this Resolution shall be held invalid, it shall not affect any valid provisions of this or any other Resolution of the City of Coppell to which these rules and regulations relate. Section 9. That the City Council hereby finds and declares all precatory language herein to be true and correct and approves and adopts the same herein as part of this Resolution. Section 10. That this Resolution shall take effect on and after its adoption by the City Council of the City of Coppell. PASSED AND APPROVED this _____ day of ______________, 2013. APPROVED: By: Karen Selbo Hunt, Mayor ATTEST: By: Christel Pettinos, City Secretary APPROVED AS TO FORM: By: Robert E. Hager, City Attorney Right of Way Easement192 S. Freeport ParkwayCity of Coppell Project ST05-02ACreated in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg\ST05-02A ROWCreated on: 1 July 2013 by Scott Latta1/21/21 1 INCH = FT.010010050Right of Way Easement192 S. Freeport ParkwayCity of Coppell Project ST05-02ACreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg\ST05-02A ROWCreated on: 1 July 2013 by Scott LattaAREA OF PROPOSEDRIGHT OF WAYEASEMENT2/2 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1136 File ID: Type: Status: 2013-1136 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 06/24/2013File Created: Final Action: PD-108R11-H, ORD Old Town (Main St) PH IIFile Name: Title: Consider approval of an Ordinance for Case No. PD-108R11-H, Old Town (Main Street), Phase II, a zoning change from PD-108R8-H (Planned Development-108 Revision 8-Historic) and PD-108R10-H (Planned Development-108 Revision 10-Historic), to PD-108R11-H (Planned Development-108 Revision 11-Historic), to establish a Detail Site Plan for 64 patio-home lots and four common area lots on 8.64 acres of property located on the northeast corner of South Coppell Road and the drive leading to the Service Center and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2013 Agenda Number: G. Sponsors: Enactment Date: 07/09/2013 Cover Memo.pdf, Ordinance.pdf, Exhibit A- Legal Description.pdf, Exhibit B- Site Plan (3 Pages).pdf, Exhibit C- Landscape Plan (3 Pages).pdf, Exhibit D- Tree Survey.pdf, Exhibit E- Typical Elevations (4 Pages).pdf Attachments: Enactment Number: 91500-A-626 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/09/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-E and G-J. Item F was pulled from the Consent Agenda. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1136) Text of Legislative File 2013-1136 Title Consider approval of an Ordinance for Case No. PD-108R11-H, Old Town (Main Street), Phase II, a zoning change from PD -108R8-H (Planned Development -108 Revision 8-Historic) and PD-108R10-H (Planned Development -108 Revision 10-Historic), to PD-108R11-H (Planned Development-108 Revision 11-Historic), to establish a Detail Site Plan for 64 patio-home lots and four common area lots on 8.64 acres of property located on the northeast corner of South Coppell Road and the drive leading to the Service Center and authorizing the Mayor to sign. Summary Staff Recommendation: On June 11, 2013, City Council unanimously approved this ZONING CHANGE (7-0). On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (5-0). Commissioners Goodale, Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc The Deta property homes th Analysis On June On May this reque Legal Re The City Fiscal Im None Recomm The Plan Attachm Ordinanc Mayo Gary L July 9 ce: Ordin Busin ction: ail Site Plan located on t hat are curren s: 11, 2013 Cit 16, 2013, th est. eview: Attorney re mpact: mendation: nning Depart ments: ce with Exhi r and City C L. Sieb, Dire 9, 2013 nance for PD ness Prosper n will allow the east side ntly being de ty Council u he Planning eviewed and tment recom ibits MEM Council ector of Plan -108R11-H, rity, Sense o 64 patio-hom South Copp eveloped on unanimously & Zoning C approved th mmends Appr 1 MORANDU nning , Old Town ( of Commun me lots and pell Road. T the west sid y approved th Commission his Ordinanc roval UM (Main Street nity, Special four commo This will be t de of Coppel his Planned D unanimousl e t), Phase II Place to Li on area lots the second p ll Road. Developmen ly recomme ive on 8.64 acr phase of the nt District. nded approv res of patio val of 1 TM 61234 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-108R8-H (PLANNED DEVELOPMENT-108 REVISION 8-HISTORIC) AND PD-108R10-H (PLANNED DEVELOPMENT-108 REVISION 10-HISTORIC), TO PD- 108R11-H (PLANNED DEVELOPMENT-108 REVISION 11-HISTORIC), TO ESTABLISH A DETAIL SITE PLAN FOR 64 PATIO-HOME LOTS AND FOUR COMMON AREA LOTS ON 8.05 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF SOUTH COPPELL ROAD SOUTH OF BETHEL AND NORTH OF THE CITY OF COPPELL’S SERVICE CENTER AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, TREE SURVEY, AND TYPICAL ELEVATIONS ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND “E” ; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD- 108R11- H should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from PD-108R8-H (Planned Development-108 Revision 8-Historic) and PD-108R10-H (Planned Development- 2 TM 61234 108 Revision 10-Historic), to PD-108R11-H (Planned Development-108 Revision 11- Historic), to establish a Detail Site Plan for 64 single family patio-home lots and four common area lots on 8.1acres of property located on the east side of South Coppell Road south of Bethel and north of the City of Coppell’s Service Center, as depicted on Site Plan in Exhibit B, on 3.9 acres of property located west of South Coppell Road and north of Burns Street, property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-108R11-H (Planned Development-108 Revision 11-Historic), is hereby approved subject to the following development regulations: a. Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance with H, Historic District, as set forth in Ordinance No. 91500-A-564 [codified in Chapter 12, Article 28A], which is incorporated herein as set forth in full and hereby republished. b. No parking shall be permitted within the driveways adjacent to the alleys. c. A six foot (6’) high, board on board cedar fence, with trim cap, as depicted on the Landscape Plan, Exhibit “C”, shall be allowed adjacent to the southern property line in lieu of a six foot (6’) masonry wall. d. The homeowner’s association shall be responsible for the maintenance of the common areas and screening walls and screening fences, as shown on the site plan, Exhibit “B”. e. Park fees in the amount of one thousand two hundred eighty five dollars ($1,285) per unit shall be assessed. 3 TM 61234 f. A Tree Removal Permit and payment of a thirteen thousand dollars ($13,000) Tree Mitigation fee are assessed and shall be paid prior to the removal of any trees. SECTION 3. That the Site Plan, Landscape Plan, Tree Survey, and Elevations attached hereto as Exhibits “B”, “C”, “D”, and “E” and made a part hereof for all purposes, as developed regulations, are hereby approved. SECTION 4. That the property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, 4 TM 61234 in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013. APPROVED: _____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) LEGAL DESCRIPTION 8.049 ACRES BEING an 8.049 Acre tract of land and being a portion of LOT 1-5, BLOCK A, according to the plat THE VILLAGES OF OLD COPPELL, as recorded in County Clerk's File No. 20070444189, Dallas County, Texas and being a portion of Lot1, Block A, according to the plat of GRAPEVINE SPRINGS COMMUNITY CENTER, as recorded in County Clerk's File No. 20080382276, Dallas County, Texas being more particularly described as follows: BEGINNING at a 1/2-inch iron rod found for corner at the most northwesterly corner of Lot 1, Block A of said VILLAGES OF OLD COPPELL, said point also being in the easterly right-of-way line of South Coppell Road South ( A 90 foot width right-of-way ); THENCE South 89 deg. 14 min. 21 sec. East along the northerly line of said Lo t 1, Block A a distance of 172.41 to a 1/2-inch iron rod found for corner; THENCE South 01 deg. 07 min. 38 sec. East along the northerly line of said Lot 1, Block A a distance of 86.02 feet to a 1/2-inch iron rod found for corner; THENCE North 89 deg. 46 min. 52 sec. East along the northerly line of said Lot 1, Block A passing the mostly northeasterly line of said Lot 1, Block A and the most westerly line of Lot 1, Block A of said Grapevine Springs Community Center a distance of 128.82 feet to a 1/2-inch iron rod found at a total distance of 198.85 feet; THENCE South 01 deg. 48 min. 01 sec. East along and 70 feet parallel to the west line of said GRAPEVINE SPRINGS COMMUNITY CENTER a distance of 720.40 feet to a 1/2-inch iron rod found for corner, said corner also being in the north line of LOT 1R, BLOCK 1, COPPELL SERVICE CEN TER, as recorded in Doc. #20070444190, Deed Records, Dallas County, Texas; THENCE South 88 deg. 10 min. 43 sec. West along the north line of said Lot 1R, Block 1, a distance of 70.20 feet to a 1/2-inch iron rod found for corner, said point also being in th e easterly line of said VILLAGES OF OLD COPPELL; THENCE South 01 deg. 48 min. 49 sec. East along the easterly line of said VILLAGES OF OLD COPPELL a distance of 50.02 feet to a 1/2-inch iron rod found for corner; THENCE South 88 deg. 55 min. 18 sec. West along the easterly line of said VILLAGES OF OLD COPPELL a distance of 15.00 feet to a 1/2 inch iron rod found for corner; THENCE South 01 deg. 50 min. 07 sec. East along the easterly line of said VILLAGES OF OLD COPPELL a distance of 183.25 feet to a 1/2-inch iron rod found for corner; THENCE South 88 deg. 11 min. 57 sec. West a distance of 284.93 feet to a 1/2-inch iron rod found for corner, said point also being in the easterly right-of-way line of South Coppell Road; THENCE North 01 deg. 48 min. 01 sec. West along the westerly line of said VILLAGES OF OLD COPPELL and the easterly right-of-way line of South Coppell Road a distance of 1052.72 feet to the POINT OF BEGINNING; Containing a computed area of 350,622 square feet or 8.049 acres or land, more or less. EXHIBIT ‘A’ 1 (1160.60'6 (172.41'6 :86.20'6 (198.26'6 :720.34'1 :70.00'6 :50.02'1 :15.00'6 :256.35'1 :285.00'GrasscreteFirelaneFire DepartmentGate withKnox BoxExisting Access Road 90' R.O.W.6 :1 :69.87'C1141.68'L16 (172.25'678926212024222325101114151613181719512342PD-108R11-H PHASE II COPPELL, TEXAS OLD TOWN (MAIN STREET)T1TREE SURVEYTREE TAGNUMBERCOMMONNAMEGENUSSPECIESDIAMETERDBHCONDITION2American ElmUlmas americana32Fair324Good4185SugarberryCeltis laevigata96American ElmUlmas americana207Red CedarJuniperus virginiana218American ElmUlmas americana24Poor9PecanCarya illinoinensis4010American ElmUlmas americana31Poor11American ElmUlmas americana23121213PinePinus taeda2514161512162017American ElmUlmas americana21Fair18American ElmUlmas americana25Fair19American ElmUlmas americana1920212223242526FairPecanCarya illinoinensisPecanCarya illinoinensisPecanCarya illinoinensis26PecanCarya illinoinensis18PecanCarya illinoinensis25PecanCarya illinoinensis20PecanCarya illinoinensis25PecanCarya illinoinensis20PecanCarya illinoinensis28PecanCarya illinoinensisPecanCarya illinoinensisPecanCarya illinoinensisRed CedarJuniperus virginianaEXISTING TREE LISTSTATUSRemainRemoveRemoveRemoveRemoveRemoveRemoveRemainRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodTOTAL PROTECTED TREES ON SITETOTAL POOR QUALITY PROTECTED TREES TOTAL HEALTY PROTECTED TREES ON SITE TOTAL PROTECTED TREES REMOVEDTOTAL PROTECTED TREES PRESERVED REQUIRED MITIGATION TREE REPLACEMENT CREDITS 64 LOTS @ 3" = 192 IN. COMMON AREA = 45 IN. NET CALIPER INCHES TO MITIGATE594 IN.554 IN.55 IN. 499 IN. 427 IN.72 IN. 427 IN. 237 IN. -23 IN.As it is the desire of the City to develop a more dense product on this property tobe consistent with the Urban environment for Old Town Coppell, we would alsorequest a variance as to the Tree ordinance as ĨŽůůŽǁƐ͗ Include replacement treesinstalled on each developed residential lot; exclude all unprotected treesregardless of caliper; provide a tree replacement credit to reduce requiredreparation by 50% pursuant to city managers determination under section12-34-2-13 (B) and 12-34-2-13 (A) (3), the key issue being section 12-34-2-13 (B) (3)(a) regarding Intensity/use of the development.PRESERVATION CREDIT (50%)213 IN.REQUIRED MITIGATION ( 427 - 213 )214 IN. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1137 File ID: Type: Status: 2013-1137 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 06/24/2013File Created: Final Action: PD-149R2-SF-7, ORD Vistas of Coppell IA, Lot 2, Blk L File Name: Title: Consider approval of an Ordinance for Case No. PD-149R2-SF-7, Vistas of Coppell 1A, Lot 2, Block L, a zoning change from PD -149-SF-7 (Planned Development-149-Single Family-7) to PD-149 R2-SF-7 (Planned Development-149 Revision 2-Single Family-7), to allow a 5.25-foot encroachment over the required 20-foot rear building setback line, for the construction of a 288-square-foot addition at 729 Bella Vista Drive and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2013 Agenda Number: H. Sponsors: Enactment Date: 07/09/2013 Cover Memo.pdf, Ordinance.pdf, Exhibit A.pdf, Exhibit B.pdf Attachments: Enactment Number: 91500-A-627 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/09/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-E and G-J. Item F was pulled from the Consent Agenda. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1137 Title Consider approval of an Ordinance for Case No. PD-149R2-SF-7, Vistas of Coppell 1A, Lot Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1137) 2, Block L, a zoning change from PD-149-SF-7 (Planned Development -149-Single Family-7) to PD-149 R2-SF-7 (Planned Development-149 Revision 2-Single Family-7), to allow a 5.25-foot encroachment over the required 20-foot rear building setback line, for the construction of a 288-square-foot addition at 729 Bella Vista Drive and authorizing the Mayor to sign. Summary Staff Recommendation: On June 11, 2013, City Council unanimously approved this ZONING CHANGE (7-0). On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (4-0). Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc This PD inches to 729 Bella Analysis On June outstandi On May this reque Legal Re The City Fiscal Im None Recomm The Plan Attachm Ordinanc Mayo Gary L July 9 ce: Ordin Speci ction: amendment o allow the c a Vista Driv s: 11, 2013 C ing condition 16, 2013, th est. eview: Attorney re mpact: mendation: nning Depart ments: ce with Exhi r and City C L. Sieb, Dire 9, 2013 nance for PD al Place to L t would redu construction e. City Counci ns. he Planning eviewed and tment recom ibits MEM Council ector of Plan -149R2-SF- Live uce the requ of a 288-sq il unanimou & Zoning C approved th mmends Appr 1 MORANDU nning 7, Vistas of uired rear ya quare-foot ad usly approve Commission his Ordinanc roval UM Coppell 1A ard setback ddition to th ed this PD unanimousl e A, Lot 2, Bloc from 20 fee he rear on pr amendment ly recomme ck L et to 14 fee roperty locat . There wer nded approv et, six ted at re no val of TM 61236 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A ZONING CHANGE REQUEST FROM PD-149-SF-7 (PLANNED DEVELOPMENT-149-SINGLE FAMILY-7) TO PD-149 REVISION 2-SF-7 (PLANNED DEVELOPMENT-149 REVISION 2-SINGLE FAMILY-7), TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 20 FEET TO 14 FEET, SIX INCHES ON PROPERTY LOCATED AT 729 BELLA VISTA DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AMENDMENT EXHIBIT ATTACHED HERETO AS EXHIBIT “B”; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application PD-149R2-SF-7 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-149-SF-7 (Planned Development-149-Single Family-7) to PD-149 Revision 2-SF-7 (Planned Development-149 Revision 2-Single Family-7), to reduce the required rear yard setback from 20 feet to 14 feet, six TM 61236 inches on property located at 729 Bella Vista Drive, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only as permitted in a Single Famiy-7 District and in accordance with following development conditions as set forth herein below; A) Except as amended herein, the property shall be developed in accordance with Ordinance 95100-A-130, PD-149R-SF-7, as amended, that is incorporated herein as set forth in full and hereby readopted and republished as set forth in full. B) The addition shall be constructed in accordance with Exhibit “B” attached hereto. SECTION 3. That the Site Plan Amendment Exhibit, attached hereto as Exhibit “B”, and made a part hereof for all purposes as development regulations, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the -SF-7 (Single Family -7 District) regulations, Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and amended herein as PD- 149R2-SF-7. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. TM 61236 SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013 APPROVED: ____________________________________________ KAREN SELBO HUNT ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _______________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) LEGAL DESCRIPTION EXHIBIT “A” Being all of Lot 2, Block L of the Vistas of Coppell 1A Addition, being an addition to the City of Coppell, Dallas County, Texas and being known as 729 Bella Vista Drive. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1138 File ID: Type: Status: 2013-1138 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 06/24/2013File Created: Final Action: PD-240R5-HC, ORD North GateWay Plaza, Lot 7R, Blk A - Black Walnut Cafe File Name: Title: Consider approval of an Ordinance for Case No. PD-240R5-HC, North Gateway Plaza, Lot 7R, Block A - Black Walnut Café, a zoning change from PD-240R4-HC (Planned Development-240 Revision 4-Highway Commercial), to PD-240R5-HC (Planned Development-240 Revision 5-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 1.88 acres to allow the development of a 6,542 square-foot restaurant with a 964-square-foot patio and 2,500 square foot of retail uses to be located at 775 North Denton Tap Road and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2013 Agenda Number: I. Sponsors: Enactment Date: 07/09/2013 Cover Memo.pdf, Ordinance.pdf, Exhibit A - Legal.pdf, Exhibit B - Concept Plan.pdf, Exhibit C - Detail Site Plan.pdf, Exhibit D - Landscape Plan (2 Pages).pdf, Exhibit E - Elevations (2 Pages).pdf, Exhibit F - Floor Plan.pdf, Exhibit G - Sign Elevations.pdf Attachments: Enactment Number: 91500-A-628 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/09/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-E and G-J. Item F was pulled from the Consent Agenda. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1138) Text of Legislative File 2013-1138 Title Consider approval of an Ordinance for Case No. PD-240R5-HC, North Gateway Plaza, Lot 7R, Block A - Black Walnut Café, a zoning change from PD -240R4-HC (Planned Development-240 Revision 4-Highway Commercial), to PD-240R5-HC (Planned Development-240 Revision 5-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 1.88 acres to allow the development of a 6,542 square-foot restaurant with a 964-square-foot patio and 2,500 square foot of retail uses to be located at 775 North Denton Tap Road and authorizing the Mayor to sign. Summary Staff Recommendation: On June 11, 2013, City Council unanimously approved this ZONING CHANGE (7-0). On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (4-0). Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc This prop 2,500 squ of SH 12 Analysis On June On May this reque Legal Re The City Fiscal Im None Recomm The Plan Attachm Ordinanc Mayo Gary L July 9 ce: Ordin and re Busin ction: posal is for a uare feet of 21. s: 11, 2013, Ci 16, 2013, th est. eview: Attorney re mpact: mendation: nning Depart ments: ce with Exhi r and City C L. Sieb, Dire 9, 2013 nance for PD etail uses. ness Prosper a 6,542 squa speculative ity Council u he Planning eviewed and tment recom ibits MEM Council ector of Plan D-240R5-HC rity are foot Blac retail space unanimously & Zoning C approved th mmends Appr 1 MORANDU nning C to allow th ck Walnut re to be locate y approved t Commission his Ordinanc roval UM he developme estaurant with ed on the we this PD amen unanimousl e ent of a rest th a 964 squa est side of D ndment. ly recomme taurant with are foot patio Denton Tap nded approv patio o and north val of 1 TM 61233 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-240R4-HC (PLANNED DEVELOPMENT-240 REVISION 4-HIGHWAY COMMERCIAL) TO PD- 240R5-HC (PLANNED DEVELOPMENT-240 REVISION 5-HIGHWAY COMMERCIAL) TO AMEND THE 12.36 ACRE CONCEPT PLAN AND TO ATTACH A DETAIL SITE PLAN ON 1.88 ACRES TO ALLOW THE DEVELOPMENT OF A 6,542 SQUARE-FOOT RESTAURANT WITH A 964-SQUARE-FOOT PATIO AND 2,500 SQUARE FOOT OF RETAIL USES LOCATED AT 775 NORTH DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE CONCEPTUAL SITE PLAN, DETAIL SITE PLAN, LANDSCAPE PLAN, ELEVATIONS, FLOOR PLAN, AND SIGN ELEVATIONS ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E”, “F” AND “G” RESPECTIVELY; PROVIDING DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No PD-240R5- HC should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-240R4-HC (Planned 2 TM 61233 Development-240 Revision 4-Highway Commercial), to PD-240R5-HC (Planned Development- 240 Revision 5-Highway Commercial), to amend the 12.36 acre Concept Plan and to review a Detail Site Plan on 1.88 acres to allow the development of a 6,542 square-foot restaurant with a 964-square-foot patio and 2,500 square foot of retail uses located at 775 North Denton Tap Road and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to the development regulations. SECTION 2. That PD-240 Revision 4-HC is hereby approved subject to the following development regulations: A) Except as amended herein and as provided in this Ordinance, the property shall be developed in accordance with Highway Commercial zoned property as set forth in Ordinance 91500-A-524 which is incorporated herein as set forth in full and hereby republished. B) The development of said use and structure as restaurant and retail use shall be in accordance with the Conceptual Site Plan, Detail Site Plan, Landscape Plan, Elevations, Floor Plan and Sign Elevations as set forth in Section 3 of this ordinance. C) As depicted in Exhibit G, Sign Elevations, the attached signage shall: a. Comply with the size and dimension requirements of the Comprehensive Zoning Ordinance, and b. The lettering on such signage shall be black reverse illuminated block letters. D) Hours of operation for the restaurant use shall be between the hours of 6:30 a.m. to 11:00 p.m.. 3 TM 61233 SECTION 3. That Conceptual Site Plan, Detail Site Plan, Tree Survey, Landscape Plan, Elevations and Floor Plan attached hereto as Exhibits “B”, “C”, “D”, “E”, F” and “G” made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by 4 TM 61233 a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013. APPROVED: _____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) Legal Description WHEREAS DIRK D. LAUKIEN is the sole owner of a tract or parcel of land situated in the Clarinda Squires Survey, Abstract No. 1327 in Dallas County and Abstract No. 1682 in Denton County, and in the William T. Hyder Survey, Abstract No. 1793 in Dallas County and Abstract No. 1701 in Denton County, and in the City of Coppell, in both Denton County and Dallas County, Texas, and being the same as the called 1.880 acres tract of land described in the deed to Dirk D. Lauk ien recorded in Document No. 2013-17108 in the Denton County Deed Records (Denton CDR) and in Instrument No. 2201300044340 in the Dallas County Deed Records (Dallas CDR), and being more particularly described as follows: BEGINNING at a found scribed “X” in concrete pavement on the west right-of-way line of Denton Tap Road (150’ wide right-of-way), said “X” being at the southeast corner of Lot 9, Block A, of NORTH GATEWAY PLAZA, an addition to the City of Coppell recorded in Document No. 2009-145 in the Denton County Plat Records; THENCE Southerly along the west line of Denton Tap Road the following: South 00°17'52" East 11.35 feet to a found scribed “X”; South 00°15'42" East 301.18 feet to a found 1/2 inch iron rod with TXHS cap at the northeast corner of Lot 6, Block A, of North Gateway Plaza, an addition to the City of Coppell recorded in Instrument No. 201200055495 in the Dallas County Plat Records; THENCE South 89°56'25" West 267.05 feet along the north side of said Lot 6 to a found 1/2 inch iron rod with TXHS cap; THENCE North 00°19'13" West 237.13 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 27°57'19" East 84.52 feet to a set scribed “X” in concrete pavement on the south side of said Lot 9; THENCE North 89°44'32" East 227.33 feet along the south side of said Lot 9 to the Point of Beginning and Containing 81,896 square feet or 1.880 acres of land more or less. EXHIBIT “A” SHEETL1 of 2Landscape Plan LANDSCAPE AND SCREENING Black Walnut Cafe # PLAN REVIEW REVISIONS BY DATE 0 Bar is one inch on originaldrawing. If not one inch on thissheet, adjust scale as necessary.PROJECTBAB003One InchCity of Coppell, Dallas County, Texas SHEETL2 of 2Landscape Details LANDSCAPE AND SCREENING# PLAN REVIEW REVISIONS BY DATE 0 Bar is one inch on originaldrawing. If not one inch on thissheet, adjust scale as necessary.PROJECTOne InchBlack Walnut CafeBAB003 City of Coppell, Dallas County, Texas 3" DEEP, BLACK REVERSE CHANNEL LETTERS - HALO ILLUMINATED WITH LEXAN BACKS. LETTERS STAND OFF FROM WALL FACE 2". LIGHTING TO BE WHITE LEDS ADEQUATE FOR EVEN DISTRIBUTION OF LIGHT. PENETRATIONS TO THE BUILDING TO BE SEALED WITH EPOXY. GROUT. 3" DEEP, CHANNEL LETTERS MOUNTED ON A RACEWAY. RACEWAY TO MATCH BRICK COLOR. FABRICATOR TO SUBMIT COLOR SAMPLES FOR APPROVAL. FABRICATOR TO PROVIDE MOUNTING HARDWARE AS REQUIRED TO MEET LOCAL CODE. 4 Typical Sign Specifications - Side View Scale: 1/2" = 1'- 0" Sheet NumberG1.0Page Title / Element Type 14109003 Project Code 701 Sawdust Unit 5 The Woodlands,Texas 77380 281.719.8026 tel Project Name Black Walnut Cafe Environmental Graphics Fabrication Documentation Details shown are suggested fabrication methods to achieve an overall visual aesthetic. Fabricators may offer alternative fabrication techniques for review which achieve the same visual intent. No visual changes will be acceptable. Fabricators must submit detailed shop drawings for review / approval prior to fabrication. Channel Letters Typical Specifications © All rights reserved This document is the product and exclusive property of Formation LLC. Neither the document nor the information it contains may be copied, disclosed to others or used in connection with any work or project other than the specific project for which they have been prepared and developed without the written consent of Formation LLC. 2013 Issues/Revisions 01.03.13 Client Review 04.03.13 Client Review 04.04.13 Client Review 05.02.13 Client Review 05.06.13 Client Review 05.08.13 Client Review 1 Typical Sign Specifications - Elevation Scale: 1/2" = 1'- 0" 3 Plan View - Bottom Message Railway & Letters Scale: 1/2" = 1'- 0" 2 Plan View - Top Message Letters Scale: 1/2" = 1'- 0" VARIES PER LOCATION 3" 3" 2" 2"3" 001 2 Detail Scale: 1/2" = 1'- 0" Sheet NumberG2.0Page Title / Element Type 14109003 Project Code 701 Sawdust Unit 5 The Woodlands,Texas 77380 281.719.8026 tel Project Name Black Walnut Cafe Environmental Graphics Fabrication Documentation Details shown are suggested fabrication methods to achieve an overall visual aesthetic. Fabricators may offer alternative fabrication techniques for review which achieve the same visual intent. No visual changes will be acceptable. Fabricators must submit detailed shop drawings for review / approval prior to fabrication. Channel Letters Elevation & Dimensions © All rights reserved This document is the product and exclusive property of Formation LLC. Neither the document nor the information it contains may be copied, disclosed to others or used in connection with any work or project other than the specific project for which they have been prepared and developed without the written consent of Formation LLC. 2013 Issues/Revisions 01.03.13 Client Review 04.03.13 Client Review 04.04.13 Client Review 05.02.13 Client Review 05.06.13 Client Review 05.08.13 Client Review 1 Elevation Scale: 3/32" = 1'- 0" CLEQ EQ LC 1'-0 7/16" 9 1/4" 11'-4 1/16" Sheet NumberG3.0Page Title / Element Type 14109003 Project Code 701 Sawdust Unit 5 The Woodlands,Texas 77380 281.719.8026 tel Project Name Black Walnut Cafe Environmental Graphics Fabrication Documentation Details shown are suggested fabrication methods to achieve an overall visual aesthetic. Fabricators may offer alternative fabrication techniques for review which achieve the same visual intent. No visual changes will be acceptable. Fabricators must submit detailed shop drawings for review / approval prior to fabrication. Channel Letters Elevation & Dimensions © All rights reserved This document is the product and exclusive property of Formation LLC. Neither the document nor the information it contains may be copied, disclosed to others or used in connection with any work or project other than the specific project for which they have been prepared and developed without the written consent of Formation LLC. 2013 Issues/Revisions 01.03.13 Client Review 04.03.13 Client Review 04.04.13 Client Review 05.02.13 Client Review 05.06.13 Client Review 05.08.13 Client Review 0021Elevation Scale: 1/8" = 1'- 0" 2 Detail Scale: 3/8" = 1'- 0" CL CLEQ EQ 1'-0 7/16" 9 1/4" 11'-4 1/16" Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1139 File ID: Type: Status: 2013-1139 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 06/24/2013File Created: Final Action: PD-264-RBN-5. ORD EasthavenFile Name: Title: Consider approval of an Ordinance for Case No. PD-264-RBN-5, Easthaven, a zoning change from R (Retail) to PD-264-RBN-5 (Planned Development-264-Residential Urban Neighborhood-5), to allow the development of 58 single-family lots and (3) three common area lots on 22 acres of property located on the south side of S .H. 121, approximately 2,500 feet west of Denton Tap Road and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2013 Agenda Number: J. Sponsors: Enactment Date: 07/09/2013 Cover Memo.pdf, Ordinance.pdf, Exhibit A - Legal Description.pdf, Exhibit B - Zoning Exhibit, Detail Plan.pdf, Exhibit C - Section of Buffer Area.pdf, Exhibit D- Protected Trees in Buffer Zone .pdf, Exhibit E- Lanscape Plan (4 pages).pdf, Exhibit F- Entry Features and Fencing (5 pages).pdf, Exhibit G- Tree Survey (38 pages).pdf Attachments: Enactment Number: 91500-A-629 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/09/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Consent Agenda Items A-E and G-J. Item F was pulled from the Consent Agenda. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1139 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1139) Title Consider approval of an Ordinance for Case No. PD-264-RBN-5, Easthaven, a zoning change from R (Retail) to PD-264-RBN-5 (Planned Development-264-Residential Urban Neighborhood-5), to allow the development of 58 single-family lots and (3) three common area lots on 22 acres of property located on the south side of S .H. 121, approximately 2,500 feet west of Denton Tap Road and authorizing the Mayor to sign. Summary Staff Recommendation: On June 11, 2013, City Council unanimously approved this ZONING CHANGE (7-0). On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (4-0). Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc This PD 22 acres Denton T Analysis On June On May this reque Legal Re The City Fiscal Im None Recomm The Plan Attachm Ordinanc Mayo Gary L July 9 ce: Ordin Sense ction: would allow of property Tap Road. s: 11, 2013, Ci 16, 2013, th est. eview: Attorney re mpact: mendation: nning Depart ments: ce with Exhi r and City C L. Sieb, Dire 9, 2013 nance for Pla e of Commu w the develop y located on ity Council u he Planning eviewed and tment recom ibits MEM Council ector of Plan anned Develo unity, Specia pment of 58 n the south s unanimously & Zoning C approved th mmends Appr 1 MORANDU nning opment 264- al Place to L single-famil side of S.H. y approved t Commission his Ordinanc roval UM -RBN-5 Live ly lots and ( . 121, appro this Planned unanimousl e 3) three com oximately 2, Developme ly recomme mmon area lo ,500 feet we nt District. nded approv ots on est of val of 1 TM 61237 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM R (RETAIL) TO PD-264-RBN-5 (PLANNED DEVELOPMENT 264-RBN5-RESIDENTIAL URBAN NEIGHBORHOOD), TO ALLOW THE DEVELOPMENT OF 58 SINGLE-FAMILY LOTS AND (3) THREE COMMON AREA LOTS ON 22 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF S.H. 121, APPROXIMATELY 2,500 FEET WEST OF DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS AS SET FORTH HEREIN AND IN ZONING EXHIBIT/DETAIL SITE PLAN, BUFFER CROSS SECTION, TREE SURVEY OF THOSE TREES TO BE PRESERVED IN THE COMMON LOT, , LANSDCAPE PLAN, ENTRY FEATURES AND FENCING AND TREE SURVEY ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E”, “F” AND “G”, RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-264-RBN-5 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from R (Retail) to PD-264-RBN-5 (Planned Development 264-RBN5-Residential Urban Neighborhood), to allow the development of 58 single- family lots and (3) three common area lots on 22 acres of property located on the south side of S.H. 121, 2 TM 61237 approximately 2,500 feet west of Denton Tap Road for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-264-RBN5 (Planned Development-264-Urban Residential District-5) is hereby approved subject to the following development regulations: A. Use regulations 1. A building or premise shall be used only for the following purposes: i. Any use permitted in the "RBN-5" district, as provided in the Coppell Code of Ordinances. ii. Home occupation, as defined in the Coppell Code of Ordinances. B. Maximum height regulations - The maximum height regulations will be 35 feet nor more than two and one-half stories high, whichever is less. C. Area regulations, exclusive of the common area lots. 1. Minimum size of yards as shown on the Detail Site Plan, Exhibit “B” of this Ordinance, and as provided herein: i. Front yard setbacks shall be a minimum of 20 feet ii. Front porches may encroach into the front yard six (6) feet, but shall not be closer than fourteen (14) feet to the right-of-way line. iii. All garages doors shall be setback a minimum of 22 feet from the property line. a) No more than two (2) garage doors shall face the street. b) Each garage door shall be a stained wood door or a metal door simulated to appear as a stained wooden door. iv. Side yard setbacks shall be a minimum of 5 feet, and a minimum of 10 feet adjacent to a street. 3 TM 61237 v. Rear yard setbacks shall be a minimum of 10 feet. 2. Minimum Lot areas shall be as depicted on the Detail Site Plan, Exhibit “B” of this Ordinance. i. Minimum lot width shall be a minimum of 50 feet. ii. Lot depth shall be a minimum of 115 feet. D. Minimum dwelling size: 1,800 square feet, exclusive of garages, breezeways and porches. E. Maximum lot coverage: no more than 60 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. F. Type of exterior construction. 1. At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line 2. Each single family dwelling shall have three of the following architectural elements: dormers, gables, recessed entries, covered porches, cupolas or towers, pillars or post, eaves, bay windows, or decorative patterns on exterior finishes. G. Tree Retribution: A Tree Removal Permit shall be required prior to the removal of any trees. H. Homeowners Association 1. The Homeowners Association shall maintain all common areas and walls contained within and adjacent to all common areas. 2. Homeowners Association documents shall be submitted, reviewed and approved by the City in accordance with the Code of Ordinances. I. Alleys shall not be constructed within this development 4 TM 61237 J. Common Lot D, Lot 1X : 1. This area shall be developed as depicted in Exhibit “C”, Buffer Cross Section, which shall be attached hereto and made a part of the Ordinance. 2. The Protected Trees shall be preserved as indicated on the Protected Trees Preserved within Buffer Zone, attached hereto as Exhibit “D”. 3. Once the infrastructure is in place, evergreen trees (such as Elderica Pine or Eastern Red Cedar) shall be planted as necessary to provide that there will be tree approximately every 40 linear feet within this buffer area. K. Until such time that a second point of access is provided, a maximum of 30 homes may be built without fire suppression systems. Permits for homes 31-58 shall require approved fire suppression systems, unless a second point of access is provided. A temporary access (all weather surface) shall be allowed as the second point of access for a period not to exceed two years from the date of City acceptance of the subdivision improvements. Thereafter, a permanent (concrete) surface shall be required, or permits for homes 31-58 to be built in the development will require approved fire suppression systems until permanent concrete access is provided. This second point of access shall be provided via an easement which shall approved by the City Attorney prior to being filed for record. L. Park Fees in the amount of $1,285 per unit shall be assessed. M. The Developer shall dedicate and deed a fifteen foot (15’) wide right-of-way in favor of the City and construct an eight (8’) foot wide concrete hike and bike trail. This hike and bike trail shall be installed at the developers cost, as provided for other hardscape elements, as set forth in Exhibit “E”, Landscape Plan. Final alignment of the hike and bike trail shall be as approved by the Parks and Recreation Department. 5 TM 61237 N. Prior to filing any Final Plats for the Easthaven Development, the Floodplain Study (CLOMR) shall be approved and the revised 100-year flood plain line shall be depicted on the Final Plat. SECTION 3. That the property shall be developed and used in accordance with the RBN-5 (RBN-5) development standards under the Coppell Zoning Ordinance, except as amended in the Zoning Exhibit/Detail Site Plan, Section of Buffer Area, Survey of Existing Trees To Be Retained In The Buffer Area, Landscape Plan (4 pages) Entry Features and Fencing (5 Pages) and Tree Survey (38 pages) provided herein and as indicated on Attached hereto as Exhibits “B”, “C”, “D”, “E”, “F” and “G” , made a part hereof for all purposes, are hereby approved. SECTION 4. That the property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 6 TM 61237 SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013. APPROVED: _____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _______________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) EXHIBIT A LEGAL DESCRIPTION BEING a tract of land situated in the Clarinda Squires Survey, Abstract No. 1327, City of Coppell, Dallas County, Texas, and being all of Tract 2, called 22.0± acres, conveyed to James H. and David K. Cummings in a Warranty Deed recorded in Document No. 2004-127290 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped “J.E. SMITH” found for the northwest corner of said Tract 2, being the northeast corner of Tract I, called 42.997 acres, conveyed to Standard Pacific of Texas, Inc. in a Warranty Deed recorded in Instrument No. 2012-91642 of the Official Records of Denton County, Texas and in Instrument No. 201200244645 of the Official Public Records of Dallas County, Texas, said corner also being in the southerly right-of-way line of State Highway 121 Bypass, a variable width right-of-way, from which an aluminum right-of-way monument found bears North 69°26’24” West a distance of 151.72 feet; THENCE South 69°26'29" East, along the northeast line of said Tract 2 and the southerly right- of-way line of said State Highway 121 Bypass, a distance of 48.57 feet to a 5/8 inch iron rod with plastic cap stamped “J.E. SMITH” found for corner; THENCE South 65°09'04" East, continuing along the northeast line of said Tract 2 and the southerly right-of-way line of State Highway 121 Bypass, a distance of 463.20 feet to an aluminum TXDoT right-of-way monument found for the northeast corner of said Tract 2, same being the northwest corner of Magnolia Park, an Addition to the City of Coppell, Texas, according to the Final Plat, thereof recorded in Volume 98145, Page 0506 of the Deed Records of Dallas County, Texas; THENCE South 00°05'14" East, departing the southerly right-of-way line of said State Highway 121 Bypass, along the east line of said Tract 2 and the west line of said Magnolia Park, a distance of 2,058.22 feet to a corner on the center of Denton Creek; THENCE in a westerly direction, along the southerly line of said Tract 2 and along the centerline of Denton Creek, the following courses and distances: North 60°20'20" West, a distance of 71.78 feet to a corner; North 74°09'20" West, a distance of 265.97 feet to a corner; North 35°43'20" West, a distance of 103.56 feet to a corner; North 59°01'20" West, a distance of 101.58 feet to the southwest corner of said Tract 2; THENCE North 00°05'19" West, along the west line of said Tract 2, a distance of 1,777.55 feet to the POINT OF BEGINNING and containing 22.05 acres of land, more or less. EXHIBIT “A” PLOTTED BY WILLIAMS, ASHLEY 6/20/2013 2:17 PMDWG NAME \\FRIFP01\DATA\PROJECT\FRI_CIVIL\69308201 - ARBOR LAKE\DWG\PRELIMINARY\PLAN SET\Z-OVERALL ZONING.DWG [Overall Layout]LAST SAVED 5/31/2013 4:03 PM DEVELOPER:Kimley-HornandAssociates5750GenesisCt.Suite200Frisco,TX75034Tel:(972)335-3580Contact:MarkHarris,P.E.ENGINEER/SURVEYOR:DESIGNEDANWDRAWNANWCHECKEDMEHSCALEASSHOWNDATEMAY2013KHAPROJECTNO.69308201OWNERS:JamesE.CummingsPOBOX6173SanAntonio,TX78209AmalgamatedDevelopmentJohnHutchinson5055KellerSpringsRoadSuite170Addison,TX75001VICINITYMAPNOTTOSCALEZ-100100'200'TYPICALGRAPHICSCALE100'BEINGatractoflandsituatedintheClarindaSquiresSurvey,AbstractNo.1327,CityofCoppell,DallasCounty,Texas,andbeingallofTract2,called22.0±acres,conveyedtoJamesH.andDavidK.CummingsinaWarrantyDeedrecordedinDocumentNo.2004-127290oftheOfficialRecordsofDentonCounty,Texas,andbeingmoreparticularlydescribedasfollows:BEGINNINGata5/8inchironrodwithplasticcapstamped“J.E.SMITH”foundforthenorthwestcornerofsaidTract2,beingthenortheastcornerofTractI,called42.997acres,conveyedtoStandardPacificofTexas,Inc.inaWarrantyDeedrecordedinInstrumentNo.2012-91642oftheOfficialRecordsofDentonCounty,TexasandinInstrumentNo.201200244645oftheOfficialPublicRecordsofDallasCounty,Texas,saidcorneralsobeinginthesoutherlyright-of-waylineofStateHighway121Bypass,avariablewidthright-of-way,fromwhichanaluminumright-of-waymonumentfoundbearsNorth69°26'24”Westadistanceof151.72feet;THENCESouth69°26'29"East,alongthenortheastlineofsaidTract2andthesoutherlyright-of-waylineofsaidStateHighway121Bypass,adistanceof48.57feettoa5/8inchironrodwithplasticcapstamped“J.E.SMITH”foundforcorner;THENCESouth65°09'04"East,continuingalongthenortheastlineofsaidTract2andthesoutherlyright-of-waylineofStateHighway121Bypass,adistanceof463.20feettoanaluminumTXDoTright-of-waymonumentfoundforthenortheastcornerofsaidTract2;THENCESouth00°05'14"East,departingthesoutherlyright-of-waylineofsaidStateHighway121Bypass,alongtheeastlineofsaidTract2,adistanceof2,058.22feettoacorneronthecenterofDentonCreek;THENCEinawesterlydirection,alongthesoutherlylineofsaidTract2andalongthecenterlineofDentonCreek,thefollowingcoursesanddistances:North60°20'20"West,adistanceof71.78feettoacorner;North74°09'20"West,adistanceof265.97feettoacorner;North35°43'20"West,adistanceof103.56feettoacorner;North59°01'20"West,adistanceof101.58feettothesouthwestcornerofsaidTract2;THENCENorth00°05'19"West,alongthewestlineofsaidTract2,adistanceof1,777.55feettothePOINTOFBEGINNINGandcontaining22.05acresofland,moreorless.LEGALDESCRIPTIONSheet1of1SITENOTE:DEVELOPMENTREGULATIONSSHALLBEASSPECIFIEDINTHEPDORDINANCEATTACHEDHERETO.MINIMUMLOTSIZE:5,652SFMAXIMUMLOTSIZE:11,400SFAVERAGELOTSIZE:6,514SFTYPICALLOTDIMENSION:50'X115' Easthaven Tree Survey Protected Trees Preserved Within Buffer Zone 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic # Protected Health 2876 Green Ash 7 7 -Yes Healthy 2877 Green Ash 6.25 6.25 -Yes Healthy 2900 Cedar Elm 13.25 13.25 -Yes Healthy 2901 Cedar Elm 12 12 -Yes Healthy 2905 Cedar Elm 12 12 -Yes Healthy 2939 Cedar Elm 12.25 12.25 -Yes Healthy 2943 Cedar Elm 11.5 11.5 -Yes Healthy 2965 Cedar Elm 15.5 15.5 -Yes Healthy 2966 Cedar Elm 13 13 -Yes Healthy 2968 Cedar Elm 9.5 9.5 -Yes Healthy 2969 Cedar Elm 11 11 -Yes Healthy 2980 Cedar Elm 13.5 13.5 -Yes Healthy 2984 Cedar Elm 13.5 13.5 -Yes Healthy 3079 American Elm 9.25 9.25 -Yes Healthy 3115 American Elm 14 14 -Yes Healthy 3261 American Elm 14.25 14.25 -Yes Healthy 2PD DETAILED SITE PLAN 30 MAY 2013 213849.00 AMALGAMATED DEVELOPMENT, LP EASTHAVEN COPPELL, TEXAS PD DETAILED SITE PLAN EASTHAVEN / PD-264, RBN-5HWY 121Magnolia Park - Exisitng Development Westhaven - Future Development Lake Arbor / Overlook Project Identity Marker Project Entry Brick Thin Wall on Berm Park Entry Trail Connected to Westhaven Park Entry Buffer / Drainage Way Accent Planting at Cul-de-Sacs SITE N SCALE 1” = 50’ @ 24” x 36” SHEET SIZE 10050250 LOT COUNT RBN-5 LOTS 58 3PD DETAILED SITE PLAN 30 MAY 2013 213849.00 AMALGAMATED DEVELOPMENT, LP EASTHAVEN COPPELL, TEXAS PROJECT IDENTITY MARKER EASTHAVEN / PD-264, RBN-5 6.5’10.5’ 1 1 Primary Building Stone • Greenwhich Gray Limestone Building Roof Shingles • Synthetic Slate, Slate Gray Cast Stone Accents • Dove Gray1 3 3 2 2 2 4PD DETAILED SITE PLAN 30 MAY 2013 213849.00 AMALGAMATED DEVELOPMENT, LP EASTHAVEN COPPELL, TEXAS BRICK THIN WALL AT ENTRY EASTHAVEN / PD-264, RBN-5 1 1 Primary Building Stone • Greenwhich Gray Limestone Cast Stone Accents • Dove Gray1 3 3 Brick Thin Wall • Cape Cod2 2 2 PLOTTED BY WILLIAMS, ASHLEY 5/31/2013 3:13 PMDWG NAME \\FRIFP01\DATA\PROJECT\FRI_CIVIL\69308201 - ARBOR LAKE\DWG\PRELIMINARY\PLAN SET\T- TREE SURVEY.DWG [SHEET 1]LAST SAVED 5/31/2013 2:42 PM DEVELOPER:Kimley-HornandAssociates5750GenesisCt.Suite200Frisco,TX75034Tel:(972)335-3580Contact:MarkHarris,P.E.ENGINEER/SURVEYOR:DESIGNEDANWDRAWNANWCHECKEDMEHSCALEASSHOWNDATEMAY2013KHAPROJECTNO.69308201OWNERS:JamesE.CummingsPOBOX6173SanAntonio,TX78209AmalgamatedDevelopmentJohnHutchinson5055KellerSpringsRoadSuite170Addison,TX75001VICINITYMAPNOTTOSCALET-10050'100'TYPICALGRAPHICSCALE50'Sheet1of2SITEMATCHLINE SEE SHEET T-2 PROPERTYLINEMAGNOLIAPARKBUFFERZONE(SEENOTE)UNDISTURBEDAREAPROTECTEDTREEPROTECTEDTREEWITHINMAGNOLIAPARKUNPROTECTEDTREE-HEALTHYUNPROTECTEDTREE-DECEASEDORHAZARDOUSLEGENDNOTES:DEVELOPERWILLMAKEEFFORTSTOPRESERVEALLTREESWITHINTHEUNDISTURBEDAREA.HOWEVER,TREESINDICATEDWITH"X"WITHINTHEBUFFER/DRAINAGEWAYHAVEBEENIDENTIFIEDASHAZARDOUSORDECEASEDANDARESUBJECTTOREMOVALUPONFURTHERSAFETYANALYSIS.THEDEVELOPERISTOMAINTAINAMINIMUMOF1TREEEVERY40FEETWITHINTHEBUFFER/DRAINAGEWAY.IFNECESSARY,THEDEVELOPERWILLPLANTADDITIONAL3"MINIMUMTREESTOMEETTHEMINIMUMSPACINGREQUIREMENT. PLOTTED BY WILLIAMS, ASHLEY 5/31/2013 3:14 PMDWG NAME \\FRIFP01\DATA\PROJECT\FRI_CIVIL\69308201 - ARBOR LAKE\DWG\PRELIMINARY\PLAN SET\T- TREE SURVEY.DWG [SHEET 2]LAST SAVED 5/31/2013 2:42 PM DEVELOPER:Kimley-HornandAssociates5750GenesisCt.Suite200Frisco,TX75034Tel:(972)335-3580Contact:MarkHarris,P.E.ENGINEER/SURVEYOR:DESIGNEDANWDRAWNANWCHECKEDMEHSCALEASSHOWNDATEMAY2013KHAPROJECTNO.69308201OWNERS:JamesE.CummingsPOBOX6173SanAntonio,TX78209AmalgamatedDevelopmentJohnHutchinson5055KellerSpringsRoadSuite170Addison,TX75001VICINITYMAPT-20050'100'TYPICALGRAPHICSCALE50'Sheet2of2SITEMATCHLINE SEE SHEET T-1 PROPERTYLINEMAGNOLIAPARKBUFFERZONE(SEENOTE)UNDISTURBEDAREAPROTECTEDTREEPROTECTEDTREEWITHINMAGNOLIAPARKUNPROTECTEDTREE-HEALTHYUNPROTECTEDTREE-DECEASEDORHAZARDOUSLEGENDNOTES:DEVELOPERWILLMAKEEFFORTSTOPRESERVEALLTREESWITHINTHEUNDISTURBEDAREA.HOWEVER,TREESINDICATEDWITH"X"WITHINTHEBUFFER/DRAINAGEWAYHAVEBEENIDENTIFIEDASHAZARDOUSORDECEASEDANDARESUBJECTTOREMOVALUPONFURTHERSAFETYANALYSIS.THEDEVELOPERISTOMAINTAINAMINIMUMOF1TREEEVERY40FEETWITHINTHEBUFFER/DRAINAGEWAY.IFNECESSARY,THEDEVELOPERWILLPLANTADDITIONAL3"MINIMUMTREESTOMEETTHEMINIMUMSPACINGREQUIREMENT. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1140 File ID: Type: Status: 2013-1140 Agenda Item Passed 1Version: Reference: In Control: Planning 06/24/2013File Created: 07/09/2013Final Action: Park West Commerce Center, Lot 3R1, Blk 8, RP & Lot 4, Blk 8, MP File Name: Title: PUBLIC HEARING: Consider approval of the Park West Commerce Ctr., Lot 3R-1, Blk 8, Replat & Lot 4, Blk 8, Minor Plat, to replat Lot 3R to eliminate 20,435 square feet of property and approve a Minor Plat for Lot 4, to incorporate the 20,435 square feet of property and establish a platted lot for future development on 32.34 acres of property located at the north side of Wrangler Drive between Freeport Parkway and Enterprise Drive, at the request of PW Commerce Center LP & Pacific Resources Associated, LLC, being represented by B. Dave Littleton, P.E., Halff Associates, Inc. Notes: Agenda Date: 07/09/2013 Agenda Number: 10. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Replat/Minor Plat.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved07/09/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to close the Public Hearing and approve this Agenda Item subject to the following condition: 1) Lot 4, Block 8, shall be replatted prior to development. The motion passed by an unanimous vote. Action Text: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1140) Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1140 Title PUBLIC HEARING: Consider approval of the Park West Commerce Ctr., Lot 3R-1, Blk 8, Replat & Lot 4, Blk 8, Minor Plat, to replat Lot 3R to eliminate 20,435 square feet of property and approve a Minor Plat for Lot 4, to incorporate the 20,435 square feet of property and establish a platted lot for future development on 32.34 acres of property located at the north side of Wrangler Drive between Freeport Parkway and Enterprise Drive, at the request of PW Commerce Center LP & Pacific Resources Associated, LLC, being represented by B. Dave Littleton, P .E., Halff Associates, Inc. Summary The following P&Z condition remains outstanding: 1.Lot 4, Block 8, shall be replatted prior to development. Staff Recommendation: On June 20, 2013, the Planning Commission unanimously recommended approval of this REPLAT (5-0). Commissioners Goodale, Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Sense of Community Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc This is a Zoning administr lot. Specifica approves acres to Wrangler Analysis On June Plat/Repl 1. L Legal Re This item Fiscal Im None Recomm The Plan Attachm Staff Rep Mayo Gary L July 9 ce: Park W Busin ction: companion Commissio ratively app ally, the Rep s a Minor Pl be available r Drive betw s: 20, 2013, t lat, subject t Lot 4, Block eview: m did not req mpact: mendation: nning Depart ments: port with Re r and City C L. Sieb, Dire 9, 2013 West Comm ness Prosper request to th n. The am roved revisi plat of Lot 3 lat for Lot 4 e for future ween Freepor the Planning to the follow 8, shall be re quire City At tment recom plat/Minor P MEM Council ector of Plan merce Ctr., Lo rity, Sense o he Site Plan mended sit ions, include R decreases , which inco e developme rt Parkway a g & Zoning wing conditio eplatted prio ttorney revie mmends Appr Plat 1 MORANDU nning ot 3R-1, Blk of Commun Amendmen e and lan es a future p s the lot size orporates the ent. This p and Enterpris Commissio on: or to develop ew roval. UM k 8, Replat & nity nt that was a ndscape pla parking area e by 20,435 e 20,435 squ property is se Drive. on recomme pment. & Lot 4, Blk approved by ans reflect a and reduce square feet t uare feet, fo located at t ended approv 8, Minor Pla the Planning the previ es the size o to 15.7 acre r a total of the north sid val of the M at, g and ously of the s and 16.64 de of Minor ITEM # 8 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Park West Commerce Ctr., Lot 3R-1, Blk 8, Replat & Lot 4, Blk 8, Minor Plat P&Z HEARING DATE: June 20, 2013 C.C. HEARING DATE: July 9, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: North side of Wrangler Drive between Freeport Parkway & Enterprise Drive SIZE OF AREA: 32.34 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A request to replat Lot 3R to eliminate 20,435 square feet of property and approve a minor plat for Lot 4, to incorporate the 20,435 square feet of property and establish a platted lot for future development. APPLICANT: Owner: Engineer: David W. Ramus B. David Littleton Park West Commerce Center, LP Halff Associates, Inc. 15350 SW Sequoia Pkwy, Ste 300 1201 North Bowser Road Portland, Oregon 97224 Richardson, Texas 75081 dlittleton@halff.com HISTORY: In January, 1990, a Preliminary Plat for Parkwest Commerce Center (PWCC) was approved. This preliminary plat contained 350 acres and was generally bounded by Southwestern Boulevard to the north, Belt Line Road to the east, Wrangler Drive to the south, and Freeport Parkway to the west. The 16.6 acres at the northeast corner of Wrangler Drive and Freeport Parkway was not part of the original Parkwest Commerce Center Plat, but it is being incorporated into this Minor Plat (Lot 4). In 1998, Lot 3, Block 8 of PWCC, which is located at the northwest corner of Wrangler and Enterprise Drives (15.7 acres) was final platted to accommodate two office/warehouse buildings (130,000 and 145,000 square feet). In March, 2000, an amended site plan and amending plat were administratively approved to permit the construction of an 116,000-square-foot building, where the 140,000- square-foot building was previously approved. A revised Landscape Plan for these buildings was approved in January 2001. The Amended Site Plan currently being requested reflects all of these changes. ITEM # 8 Page 2 of 2 TRANSPORTATION: Freeport Parkway is a four-lane divided thoroughfare, built within a 110-foot R.O.W. Wrangler Drive is a four-lane undivided thoroughfare, built within 70-foot R.O.W. Airline Drive is a four-lane undivided thoroughfare, built within 60-foot R.O.W. SURROUNDING LAND USE & ZONING: North - Office/warehouse; LI (Light Industrial) South - Future BMSC and Naterra Headquarters and Coppell Middle School West and Athletic Fields; LI (Light Industrial) and C (Commercial) East - Office/warehouse; LI (Light Industrial) West - Future AAA Headquarters and Vacant Land; LI (Light Industrial) COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan shows this property as suitable for Industrial Special District uses. DISCUSSION: This is a companion request to the Site Plan approval on Lot 3R-1. This is a request to replat the portion of the property which is currently developed with two office warehouse buildings, and a Minor Plat of the undeveloped (unplatted) property to the west and to incorporate 20,435 square feet of land from Lot 3R-1 to Lot 4. Lot 4, which contains 16.64 acres, will need to be replatted to establish fire lanes and easements prior to development. The existing easements have been re-established as part of this platting activity, except for the GTE easement along the common property line between these two lots. This easement was established with the Final Plat filed in 1990. There are no facilities within this easement, so the applicant has received approval from the easement holder to abandon this easement. The abandonment of this easement will allow for the proposed overstory trees to be located along this property line in the event that the parking lot is expanded as shown on the site plan as future parking. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Park West Commerce Ctr., Lot 3R-1, Block 8, Replat & Lot 4, Block 8, Minor Plat, subject to: 1. Lot 4, Block 8, shall be replatted prior to development. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat/Minor Plat O.P.R.C.C.T. VOL. 2000132, PG. 11 VOL. 98214, PG. 00052 15'X20' UTILITY EASEMENT O.P.R.C.C.T. VOL. 90218, PG. 3264 12' FIRE LANE EASEMENT O.P.R.C.C.T. VOL. 2000132, PG. 11 UTILITY EASEMENT 24' FIRE LANE AND O.P.R.C.C.T. VOL. 2000132, PG. 11 UTILITY EASEMENT 24' FIRE LANE AND O.P.R.C.C.T. VOL. 2000132, PG. 11 VOL. 98214, PG. 00052 15'X20' UTILITY EASEMENT O.P.R.C.C.T. VOL. 2000132, PG. 11 VOL. 98214, PG. 00052 10'X59' UTILITY EASEMENT O.P.R.C.C.T. VOL. 2000132, PG. 11 UTILITY EASEMENT 24' FIRE LANE AND O.P.R.C.C.T. VOL. 2000132, PG. 11 VOL. 90218, PG. 3264 UTILITY EASEMENT 30' DRAINAGE AND O.P.R.C.C.T. VOL. 2000132, PG. 11 UTILITY EASEMENT 24' FIRE LANE AND O.P.R.C.C.T. VOL. 2000132, PG. 11 VOL. 91243, PG. 605 20' UTILITY EASEMENT O.P.R.C.C.T. VOL. 2000132, PG. 11 VOL. 90218, PG. 3264 UTILITY EASEMENT 30' DRAINAGE AND D.R.D.C.T. VOL. 98214, PG. 00052 10' ELECTRIC EASEMENT D.R.D.C.T. VOL. 98214, PG. 00052 20' X 20' ELECTRIC EASEMENT D.R.D.C.T. VOL. 2000132, PG. 00011 10' UTILITY EASEMENT D.R.D.C.T. VOL. 2000132, PG. 00011 EASEMENT 20' X 20' ELECTRIC O.P.R.C.C.T. VOL. 2000132, PG. 00011 UTILITY EASEMENT 24' FIRE LANE AND 1/2-INCH FOUND IRON ROD 1/2-INCH SET IRON ROD WITH YELLOW PLASTIC CAP STAMPED "HALFF ASSOC. INC." •" FIR •" SIR W/CAP LEGEND 0 50 100 150 200 SCALE: 1"=100' N 1/2ah2016HALFFI:\29000s\29342\CADD\Sheets\V501-FP-29342.DGNPDF_2D_MON_FW_600.pltSheet6/10/20134:55:38 PM(VARIABLE WIDTH PUBLIC R.O.W.) POINT OF BEGINNING ABSTRACT NO. 1296 JAMES A. SIMMONS SURVEY, ABSTRACT NO. 56CORDELIA BOWEN SURVEY APPROXIMATE ABSTRACT LINE F REEP O RT P A R K WA Y (V A RIA BLE WIDT H R.O.W.) AIRLINE DRIVE (60' WIDE R.O.W.) LOCATION MAP NOT TO SCALE NORTHHOWELLBULLOCKBELT LINE LAKE GRAPEVINE CREEK CIT Y CIT Y BETHEL 635 COPPELLAIRLINEFREEPORTROYALDART CITYLIMITSOUTHWESTERN BLVD. P K WY. FRITZ DR.S. DENTON TAPS. BELTLINE RD.DRIVE LYNDON B. J O H NS O N DRIVEWRANGLERENTERPRISEEXECUTIVE SITE PROJECT NORTH CORDELIA BOWEN SURVEY, ABSTRACT NO. 56 JAMES A. SIMMONS SURVEY, ABSTRACT NO. 1296 285.54'258.99'UNDERGROUND10' WIDEUTILITY EASEMENTVOL. 82137, PG. 690CL= 213.52' L= 214.44' R= 666.96' VOLUME 98011, PAGE 5414 G&K SERVICES, CO. INSTRUMENT NO. 201200182985 BRE/LP TX LLC, 400.00' 75.99' 955.78'N88°58'21"E S01°01'39"E761.99'872.62' CL= 41.77' L= 41.77' R= 870.00' 25.60' CL= 325.13' L= 328.82' R= 632.50' 135.03'S88°58'21"W 855.07' 28.28' W/CAP 1/2" SIR W/CAP 1/2" SIR W/CAP 1/2" SIR 172.58' R= 382.25' L= 262.00' CL= 256.90' (C.M.) 3/4" FIR 0.21' CAP BEARS "RW COOMBS 5294" 1/2" FIR W/ 463.48' D.R.D.C.T. VOL. 71167, PG. 1302 VOL. 2017, PG. 69 VOL 1577, PG 8 COMPANY EASEMENT 50-FOOT LONE STAR GAS D.R.D.C.T. VOL 87008, PG 4468 EASEMENT ABANDONMENT GAS COMPANY 20-FOOT LONE STAR D.R.D.C.T. VOL. 71167, PG. 1308 VOL 1578, PG 216 COMPANY EASEMENT 20-FOOT LONE STAR GAS D.R.D.C.T. VOL 86084, PG 877 COMPANY EASEMENT 35-FOOT ENSERCH GAS 0.25' Bears= 1/2" FIR W/CAP 1/2" SIR W/CAP 1/2" SIR W/CAP 1/2" SIR W/CAP 1/2" SIR D.R.D.C.T. VOL. 2000132, PG. 11 VOL 65706, PG 2676 EASEMENT 15' WATERLINED.R.D.C.T.VOL 82137, PG 690UTILITY EASEMENT10-FOOT WIDE UNDERGROUNDD.R.D.C.T.VOL. 90218, PG. 3264TO G.T.E.10' UTILITY EASEMENTD.R.D.C.T. VOL. 90218, PG. 3264 TO G.T.E. 10' UTILITY EASEMENT D.R.D.C.T. VOLUME 2000132, PAGE 11 PARK WEST COMMERCE CENTER LOT 3R, BLOCK 8 D.R.D.C.T. VOL. 2000132, PG. 11 VOL. 98214, PG. 52 EASEMENT 10'X102' GAS D.R.D.C.T. VOL. 2000132, PG. 11 VOL. 98214, PG. 52 EASEMENT 10'X102' GAS D.R.D.C.T. VOL. 2000132, PG. 11 VOL. 71667, PG. 1302 COMPANY EASEMENT 50' LONE STAR GAS (16.1686 AC.) 704,302 SQ. FT. D.R.D.C.T. VOLUME 91071, PAGE 2682 PARK WEST COMMERCE CENTER LOT 2, BLOCK 7 D.R.D.C.T. VOLUME 98214, PAGE 00053 PARK WEST COMMERCE CENTER LOT 3, BLOCK 7D.R.D.C.T.VOL 82137, PG 690RIGHT OF WAY DEDICATIONSITUATED IN THE PREPARED BY OF REPLAT ENGINEER-SURVEYOR: DEVELOPER/OWNER: DEVELOPER/OWNER: PARK WEST COMMERCE CENTER LOT 3R, BLOCK 8 BEING AN AMENDED PLAT OF (VOL. 2000132, PG. 11) FOR CITY OF COPPELL, DALLAS COUNTY, TEXAS CORDELIA BOWMAN SURVEY, ABSTRACT NO. 56 JAMES A. SIMMONS SURVEY, ABSTRACT NO.1296 (214) 346-6200 SCALE: 1"=100' AVO. 29342 MAY, 2013 1201 NORTH BOWSER ROAD RICHARDSON, TEXAS 75081 HALFF ASSOCIATES INC. ENGINEERS ~ SURVEYORS (C.M.'s) W/CAP 1/2" FIR(65' WIDE R.O.W.)W/CAP 1/2" FIR D.R.D.C.T. VOLUME 91002, PAGE 31 PARK WEST COMMERCE CENTER LOT 2R, BLOCK 8 D.R.D.C.T. VOLUME 91002, PAGE 31 PARK WEST COMMERCE CENTER LOT 1, BLOCK 8 0.36' Bears=N69°48'08"E 1/2" FIR W/CAP W/CAP 1/2" FIR (BY THIS PLAT) ABANDONED LOT LINE TO BE PARK WEST COMMERCE CENTER, LLC AND PACIFIC RESOURCES ASSOCIATES, LLC VOLUME 93230, PAGE 3698 PARK WEST COMMERCE CENTER, LLC 32.34 ACRES OR 1,408,825 SQ. FT.16.6377 ACRES OR 724,737 SQ. FT. LOT 4, BLOCK 8 15.7045 ACRES OR 684,088 SQ. FT. LOT 3R-1, BLOCK 8 INST. NO. 201300122365 (TRACT 2) ASSOCIATES, LLC PACIFIC RESOURCES INST. NO. 201300122365 (TRACT 1) PACIFIC RESOURCES ASSOCIATES, LLC (855.10' by plat) (955.54' by plat)511.00'28.28'96.56'(442.86' by plat)531.02'455.00'334.26'60.0' 411.58'531.43'65.0' 65.0'593.27'9.94' L=195.20' NAIL SET PK W/CAP 1/2" FIR W/CAP 1/2" FIR CAP "PRECISELANDSURV" 1/2" FIR W/ W/CAP 5/8" FIR "WAI" CAP 1/2" FIR W/ PARK WEST COMMERCE CENTER LOT 3R-1, BLOCK 8 AND A MINOR PLAT OF LOT 4, BLOCK 8 WRANGLER DRIVE ENTERPRISE DRIVED.R.D.C.T. VOLUME 98214, PAGE 00053 COPPELL INDEPENDENT SCHOOL DISTRICT LOT 1, BLOCK 1 D.R.D.C.T. VOLUME 99104, PAGE 106 GATEWAY BUSINESS PARK NO. II AND COMMON AREA 1 BLOCK C, LOT 1 & 2 AND BLOCK B, TELE. 503-624-6300 FAX 503-624-7755 PORTLAND, OREGON 97224 15350 SW SEQUOIA PARKWAY Suite 300 PACIFIC RESOURCES ASSOCIATES, LLC PW COMMERCE CENTER, LP & TELE. 503-624-6300 FAX 503-624-7755 PORTLAND, OREGON 97224 15350 SW SEQUOIA PARKWAY Suite 300 PACIFIC RESOURCES ASSOCIATES, LLC PW COMMERCE CENTER, LP & 80.72'(BY THIS PLAT)LOT LINEPROPOSEDLOT 1, BLOCK A LOT 2, BLOCK A D.R.D.C.T. DOC. NO. 201300099298 LOTS 1 AND 2, BLOCK A GATEWAY BUSINESS PARK NO. 3 D.R.D.C.T. VOLUME 2003257, PAGE 3287 COPORATION CATELLUS LAND AND DEVELOPMENT (OWNER) JOEL C. HOWARD, RPLS 214-346-6200 RICHARDSON, TX. 75081 1201 N. BOWSER HALFF ASSOCIATES, INC. VOL 83246, PG 2985 GRANT OF RAIL EASEMENT AGREEMENT WITH RESPECT TO VOL 83246, PG 2985 GRANT OF RAIL EASEMENT AGREEMENT WITH RESPECT TO N88°58'21"E 875.06' Block 8 and Lot 4, Block 8. To adjust the common line between Lot 3R, Purpose of Replat: TO DEVELOPMENT OF LOT 4. A REPLAT WILL BE REQUIRED PRIORTHIS PLATEASEMENT BYABANDON GTE 2/2ah2016HALFFI:\29000s\29342\CADD\Sheets\V502-FP-29342.DGNPDF_2D_MON_FW_600.pltSheet6/10/20134:56:03 PM ENGINEER-SURVEYOR: JOEL C. HOWARD, RPLS 214-346-6200 RICHARDSON, TX. 75081 1201 N. BOWSER HALFF ASSOCIATES, INC. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever for the purposes indicated on this limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Coppell's use thereof. The City of Coppell and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths, which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Coppell and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned do hereby covenant and agree that they shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction including, but not limited to, the parking of motor vehicles, trailers, boats or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes stating "Fire Lane, No Parking". The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for fire department and emergency use. The undersigned do covenant and agree that public access easements may be utilized by department and emergency use in, along, upon and across said premises with the right and privilege at all times of the City of Coppell, its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across said premises. the City of Coppell, Texas. WITNESS OUR HANDS, this the day of , 2013. I, the undersigned, a Notary Public in and for said County, in the State aforesaid, RECOMMENDED FOR APPROVAL: Chairman Planning & Zoning Commission Date of Approval City of Coppell, Texas APPROVED AND ACCEPTED: City of Coppell, Texas The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that Addition to the City of Coppell was submitted to the City Council on the day of , 2013, and the Council, by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note the acceptance thereof signing his name as hereinabove subscribed. WITNESS MY HAND, this the day of , 2013. City Secretary Mayor Date of Approval or placed upon, over or across the easements as shown, except pavement, parking lots, and that landscape improvements may be placed in landscape easements, or as specified by planned development, if approved by the City of Coppell. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement STATE OF COUNTY OF of Directors of said partnership, as their free and voluntary act, and as the free and voluntary act and deed of said partnership, as managing member of and for and on behalf appeared before me this day in person, and severally acknowledged that as such officer signed and delivered the said instrument, pursuant to authority given by the Board to be the same person whose name is subscribed to the foregoing instrument, This replat approved subject to all replatting ordinances, rules, regulations and resolutions of replat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed NOTARY PUBLIC My commission expires: GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 2013. Floodplain Administrator Date has been filed with the City of Coppell Floodplain Administrator on , 2013. FLOODPLAIN ORDINANCE NOTE: Floodplain Development Permit Application No. of IIT Northpoint CC LP, for the uses and purpose therein set forth. APPROVED AND ACCEPTED BY: (Print Name) Date of Approval (Print Name) Date of Approval (Print Name) Date of Approval (Print Name) Date of Approval ATMOS ENERGY VERIZON TIME WARNER CABLE ONCOR ELECTRIC DELIVERY COMPANY any person or the general public for ingress and egress to other real property, and for the purpose of general public vehicular and pedestrian use and access, and for fire By: Name: Title: I, the undersigned, a Notary Public in and for said County, in the State aforesaid, STATE OF COUNTY OF of Directors of said partnership, as their free and voluntary act, and as the free and voluntary act and deed of said partnership, as managing member of and for and on behalf appeared before me this day in person, and severally acknowledged that as such officer signed and delivered the said instrument, pursuant to authority given by the Board to be the same person whose name is subscribed to the foregoing instrument, NOTARY PUBLIC My commission expires: GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 2013. By: Name: Title: 32.34 acres of land, more or less. of 28.28 feet to the POINT OF BEGINNING AND CONTAINING 1,408,825 square feet or THENCE South 43 degrees 58 minutes 21 seconds West, along said corner clip, a distance line of Enterprise Drive with the north right-of-way line of Wrangler Drive; end of the aforementioned corner clip at the intersection of said west right-of-way Drive, a distance of 761.99 feet to a 1/2-inch iron rod with cap found for the northeast THENCE South 01 degree 01 minute 39 seconds East, along the west line of said Enterprise on the west line of said Enterprise Drive; to a 1/2-inch iron rod with cap found for the northeast corner of said Lot 3R, and being Block 8, and Lot 2R, Block 8, and north line of said Lot 3R, Block 8, a distance of 955.78 feet THENCE North 88 degrees 58 minutes 21 seconds East, along the common south of said Lot 1, 3R, Block 8; the common southwest corner of said Lot 1, Block 8 and northwest corner of said Lot said Lot 1, Block 8 and east line of said 16.1628 acre tract, a distance of 75.99 feet to THENCE South 00 degrees 36 minutes 01 seconds East, along the common west line of an addition to the City of Coppell recorded in Volume 91002, Page 31, D.R.D.C.T. of "Blocks 7 and 8 of Park West Commerce Center (formerly Gateway Park at Coppell)", East, a distance of 0.36 feet, said corner also being on the west line of Lot 1 of Block 8 inch iron rod with cap found for witness bears North 69 degrees 48 minutes 08 seconds 16.1628 acre tract and southeast corner of said G&K Services tract, from which a 1/2- common line, a distance of 400.00 feet to a point for the northeast corner of said THENCE North 89 degrees 23 minutes 59 seconds East, continuing along said set for corner; line of said G&K Services tract, a distance of 285.54 feet to a 1/2-inch iron rod with cap right-of-way line and along the common north line of said 16.1628 acre tract and south THENCE South 55 degrees 36 minutes 39 seconds East, departing said southeasterly recorded in Volume 98011, Page 5414, D.R.D.C.T.; of that tract of land described in Special Warranty Deed to G&K Services, Co as common northerly most corner of said 16.1628 acre tract and the westerly most corner common line, a distance of 258.99 feet to a 1/2-inch iron rod with cap set for the THENCE North 34 degrees 23 minutes 20 seconds East, continuing along said 09 minutes 37 seconds West, a distance of 0.25 feet; point for corner from which a 1/2-inch iron rod found for witness bears South 88 degrees central angle of 18 degrees 25 minutes 19 seconds, an arc distance of 214.44 feet to a Drive and northwesterly line of said 16.1628 acre tract, and along said curve, through a THENCE Northeasterly, along the common southeasterly right-of-way line of Airline acre tract; distance of 213.52 feet, said corner also being the most westerly corner of said 16.1628 666.96 feet, whose chord bears North 43 degrees 35 minutes 59 seconds East, a corner being the beginning of a non-tangent circular curve to the left having a radius of southeasterly right-of-way line of Airline Drive (a called 60-foot wide right-of-way), said intersection of said northeasterly right-of-way line of Freeport Parkway with the common line, a distance of 872.62 feet to a 1/2-inch iron rod with cap set for the THENCE North 37 degrees 11 minutes 20 seconds West, continuing along said feet to a 1/2-inch iron rod with cap set for corner; through a central angle of 02 degrees 45 minutes 04 seconds, an arc distance of 41.77 Parkway and southwesterly line of said 16.1628 acre tract, and along said curve, THENCE Northwesterly, along the common northeasterly right-of-way line of Freeport seconds West, a distance of 41.77 feet; having a radius of 870.00 feet, whose chord bears North 35 degrees 48 minutes 48 inch iron rod with cap set for the beginning of a non-tangent circular curve to the left way line of Wrangler Drive and along said corner clip, a distance of 25.60 feet to a 1/2- THENCE North 77 degrees 47 minutes 38 seconds West, departing said north right-of- of-way line of Freeport Parkway (a variable width right-of-way); intersection of said north right-of-way line of Wrangler Drive with the northeasterly right- 1/2-inch iron rod with cap set for the southeasterly corner of a corner clip at the central angle of 29 degrees 47 minutes 13 seconds, an arc distance of 328.82 feet to a THENCE Westerly, continuing along said common line and along said curve, through a minutes 00 seconds West, a distance of 325.13 feet; to the left having a radius of 632.50 feet, whose chord bears South 74 degrees 07 135.03 feet to a 3/4-inch iron rod found for the beginning of a non-tangent circular curve right-of-way line and the common south line of said 16.1628 acre tract, a distance of THENCE South 89 degrees 51 minutes 21 seconds West, continuing along said north corner of Lot 3R, also being the southeast corner of said called 16.1628 acre tract; line of Wrangler Drive and south line of Lot 3R, a distance of 855.07 feet to the southwest THENCE South 88 degrees 58 minutes 21 seconds West, along the common north right-of-way foot wide right-of-way at this point), also being the southeast corner of said Lot 3R; foot wide right-of-way) with the north right-of-way line of Wrangler Drive, (a called 60- located at the intersection of the west right-of-way line of Enterprise Drive, (a called 60- (hereinafter referred to as "with cap") found for the southwest end of a corner clip BEGINNING at a 1/2-inch iron rod with a yellow plastic cap stamped "HALFF" Volume 2000132, Page 11, D.R.D.C.T., and being more particularly described as follows: Block 8, Park West Commerce Center, an Addition to the City of Coppell, Texas as recorded in Page 3698 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), and including all of Lot 3R, land described in deed to Park West Commerce Center, LLC, as recorded in Volume 93230, Official Public Records, Dallas County, Texas, and part of that called 328.1838 acre tract of deed to Pacific Resources Associates LLC, as recorded in Instrument Number 201300122365, County, Texas, and being all of that called 16.1628 tract of land described as "Tract 1" in Number 1296 and the Cordelia Bowen Survey, Abstract Number 56, City of Coppell, Dallas are the owners of a tract of land situated in the James A. Simmons Survey, Abstract WHEREAS Pacific Resources Associates LLC, and Park West Commerce Center, LLC, COUNTY OF DALLAS: STATE OF TEXAS OWNER'S CERTIFICATE PACIFIC RESOURCES ASSOCIATES, LLC DO HEREBY CERTIFY THAT ______________________ personally known to me to be the the ____________________ of PACIFIC RESOURCES ASSOCIATES, LLC, and personally known to me PARK WEST COMMERCE CENTER, LLC the ________________________ of _____________________________ and personally known to me DO HEREBY CERTIFY THAT _____________________________ personally known to me to be of __________________________________, for the uses and purpose therein set forth. GENERAL NOTES measurements of the City of Coppell geodetic control network Monument No. 5 and Benchmark No. 13. 1. The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone (4202) as derived from GPS commission of Texas, 2007, surveys (a.k.a. General Land Office county maps). 2. All original Texas land survey abstract lines shown hereon are approximate, and are based on the railroad source. information has or has not been published by the Federal Emergency Management Agency or some other flood plain information for this determination and the Surveyor does not certify that revised flood plain defined as "Areas determined to be outside 500-year flood plain." The Surveyor utilized the above referenced as of October 17, 2011, as published by the Federal Emergency Management Agency. Zone "X" (unshaded) is August 23, 2001 and Map Number 48113C0135 J, dated August 23, 2001 and revised to reflect LOMR effective Flood Insurance Rate Map Dallas County, Texas and Incorporated Areas, Map Number 48113C0155 J, dated 3. By graphical plotting, the parcel described hereon lies within Zone "X" (unshaded), as delineated on the FIRM dedicate, in fee simple to the public use forever, the streets and alleys shown thereon. West Commerce Center, an addition to the City of Coppell, Dallas County, Texas, and does hereby this replat designating the herein above described property as LOT 3R-1, LOT 4, BLOCK 8, Park partnership, acting herein by and through their duly authorized officers, does hereby adopt That PACIFIC RESOURCES ASSOCIATES, LLC, and PARK WEST COMMERCE CENTER, LLC, a Delaware limited NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: SITUATED IN THE PREPARED BY OF REPLAT PARK WEST COMMERCE CENTER LOT 3R, BLOCK 8 BEING AN AMENDED PLAT OF (VOL. 2000132, PG. 11) FOR CITY OF COPPELL, DALLAS COUNTY, TEXAS CORDELIA BOWMAN SURVEY, ABSTRACT NO. 56 JAMES A. SIMMONS SURVEY, ABSTRACT NO.1296 (214) 346-6200 SCALE: 1"=100' AVO. 29342 MAY, 2013 1201 NORTH BOWSER ROAD RICHARDSON, TEXAS 75081 HALFF ASSOCIATES INC. ENGINEERS ~ SURVEYORS PARK WEST COMMERCE CENTER, LLC AND PACIFIC RESOURCES ASSOCIATES, LLC PARK WEST COMMERCE CENTER LOT 3R-1, BLOCK 8 AND A MINOR PLAT OF LOT 4, BLOCK 8 Block 8 and Lot 4, Block 8. To adjust the common line between Lot 3R, Purpose of Replat: DEVELOPER/OWNER: DEVELOPER/OWNER: TELE. 503-624-6300 FAX 503-624-7755 PORTLAND, OREGON 97224 15350 SW SEQUOIA PARKWAY Suite 300 PACIFIC RESOURCES ASSOCIATES, LLC PW COMMERCE CENTER, LP & TELE. 503-624-6300 FAX 503-624-7755 PORTLAND, OREGON 97224 15350 SW SEQUOIA PARKWAY Suite 300 PACIFIC RESOURCES ASSOCIATES, LLC PW COMMERCE CENTER, LP & the foregoing replat of Lot 3R-1, and Lot 4, Block 8 Parkwest Commerce Center at Coppell an My commission expires: NOTARY PUBLIC in and for the STATE OF TEXAS GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2013. same for the purpose and consideration therein expressed, and the capacity therein stated. is subscribed to the forgoing instrument and acknowledged to me that he executed the day personally appeared Joel C. Howard, known to me to be the person whose name BEFORE ME, the undersigned, a Notary Public in and for said county and state on this COUNTY OF DALLAS STATE OF TEXAS TEXAS NO. 6267 REGISTERED PROFESSIONAL LAND SURVEYOR JOEL C. HOWARD locations of all monuments shown are correct. ground survey made under my direction and supervision on June, 2013, and that the replat shown hereon accurately represents the property as determined by an on the I, Joel C. Howard, Registered Professional Land Surveyor, do hereby certify that the SURVEYOR'S CERTIFICATE Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1101 File ID: Type: Status: 2013-1101 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 08/13/2013Final Action: PD-199R8-HC, Vista Point II, Lot 6R, Blk AFile Name: Title: CONTINUED PUBLIC HEARING: Consider approval of Case No. PD-199R8-HC, Vista Point II, Lot 6R, Block A, - Children’s Learning Adventure, a zoning change request from PD-199-HC (Planned Development-199-Highway Commercial), to PD-199R8-HC (Planned Development-199-Revision 8-Highway Commercial), to attach a Detail Site Plan on 2.6 acres to allow the development of a Day Care Center to be located at 811 N. MacArthur Boulevard. Notes: Agenda Date: 08/13/2013 Agenda Number: 11. Sponsors: Enactment Date: Cover Memo.pdf, Request to Postpone to Aug 13th .pdf, Staff Report.pdf, Traffic Mgmt Plan.pdf, Site Plan.pdf, Landscape Plan and Detail Sheet.pdf, Tree Survey.pdf, Elevations.pdf, Sign Package.PDF Attachments: Enactment Number: Hearing Date: Contact: 07/09/2013 Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Pass07/09/2013City CouncilPostponed06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Mr. Sieb read a letter from the applicant requesting to continue the Agenda Item to the July 9th Council Meeting. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, to continue the Public Hearing to the July 9th Council Meeting. The motion passed by an unanimous vote. Action Text: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1101) Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: 1 Pass08/13/2013City CouncilPostponed07/09/2013City Council Mayor Hunt reopened the Public Hearing. Presentation: Gary Sieb, Director of Planning, announced the applicant has requested to continue the Public Hearing to the August 13th meeting. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, to continue the Public Hearing and Agenda Item to the August 13th Council Meeting. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: 1 PassClose the Public Hearing and Approve 08/13/2013City Council Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council to consider Agenda Items 11 and 12 together. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) There may be additional comments after detail engineering review; 2) Tree removal permit shall be required prior to the removal of any trees; 3) Prior to issuance of Building Permit, the owner/applicant shall place sufficient funds in escrow for one-fourth the cost of the proposed traffic signal to be located at MacArthur Blvd. and Lake Vista Drive. The issuance of a Certificate of Occupancy may be issued prior to the installation of the traffic signal; and 4) The Children’s Learning Adventure buses shall utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. The motion passsed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1101 Title CONTINUED PUBLIC HEARING: Consider approval of Case No. PD-199R8-HC, Vista Point II, Lot 6R, Block A, - Children’s Learning Adventure, a zoning change request from PD-199-HC (Planned Development-199-Highway Commercial), to PD-199R8-HC (Planned Development-199-Revision 8-Highway Commercial), to attach a Detail Site Plan on 2.6 acres to allow the development of a Day Care Center to be located at 811 N. MacArthur Boulevard. Summary Page 2City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1101) The following P&Z conditions remain outstanding: 1.There may be additional comments after detail engineering review. 2.Tree removal permit shall be required prior to the removal of any trees. 3.Prior to issuance of Building Permit, the owner /applicant shall place sufficient funds in escrow for one -fourth the cost of the proposed traffic signal to be located at MacArthur Blvd. and Lake Vista Drive. The issuance of a Certificate of Occupancy may be issued prior to the installation of the traffic signal. 4.The Children’s Learning Adventure buses shall utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. Staff Recommendation: On July 18, 2013, the Planning Commission recommended approval of this ZONING CHANGE (6-1). On July 9, 2013, City Council unanimously continued the public hearing to August 13, 2013 (7-0). On June 11, 2013, City Council unanimously opened and continued the public hearing to July 9, 2013 (7-0). On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (4-0), subject to conditions. Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Page 3City of Coppell, Texas Printed on 12/28/2017 To: From: Thru: Date: Reference: 2030: Introductio The applican This facility well as befo weekdays. Analysis: On May 16, to the vario meeting, the for this prop were addres parking be p been sent ba On July 18 Vista Point 1. T 2. T 3. P e B t 4. T V N Mayor an Marcie D Gary L. S August 1 PD-199R Detail Sit N. MacAr Business on: nt, Children y is propose ore and afte , 2013, the P ous condition e applicant p posed facility ssed. One o provided for ack to the Pl , 2013, the II, Lot 6R, B There may b Tree remova Prior to issu escrow for o Blvd and Lak to the installa The Children Vistas of Co North nd City Coun Diamond, As Sieb, Directo 13, 2013 8-HC, Vista e Plan on 2.6 rthur Bouleva s Prosperity n’s Learning ed to have a er school pro Planning & Z ns, includin provided add y. Council’s of the recom r this facility anning & Zo Planning & Block A, Chi be additional al permit sha uance of Bu one-fourth th ke Vista Dri ation of the t n’s Learning oppell neigh MEM ncil ssistant Direc or of Plannin Point II, Lot acres to allow ard y, Sense of C g Adventure, n enrollmen ograms. Th Zoning Com g addressing ditional infor s considerati mmendations y. Given the oning Comm & Zoning C ildren’s Lear comments u all be require uilding Perm he cost of th ive. The issu traffic signa g Adventure hborhood to 1 MORANDU ctor of Plann ng 6R, Block A w the develop Community e, desires to b nt capacity o he hours of o mmission rec g various tr rmation on t ion of this re s of the Tra e impact tha mission for ad ommission rning Adven upon detail e ed prior to th mit the owne he proposed uance of a C al. e buses shall access Den UM ning A - Children’ pment of a Da build a 25,73 of 470 stude operation ar commended raffic issues. the internal a equest was p affic Manag at this had on dditional con recommend nture subject engineering he removal o er/applicant d traffic sign ertificate of l utilize SH nton Creek E ’s Learning A ay Care Cent 37-square-fo ents and wil re from 6:00 approval of . Subseque and external postponed un ement Plan n the Site Pl nsideration. ded approval t to the follo review. of any trees. shall place nal to be lo f Occupancy 121 instead Elementary Adventure, to er to be locat oot day-care ll offer presc 0 a.m. to 6:3 f this request ent to the M l circulation ntil the traffi was that ad lan, this requ l of PD-199 owing condit sufficient f ocated at Ma may be issu d of cutting and Middle o attach a ed at 811 facility. chool as 30 p.m., t subject May 16th patterns fic issues dditional uest was 9R8-HC, tions: funds in acArthur ued prior thru the e School 2 Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends approval of this PD request. Attachments: Postponement request by the Applicant Staff Report with Traffic Management Plan, Site Plan, Landscape Plan, Tree Survey, Elevations and Sign Plan 1 Marcie Diamond From:mpena@ceieng.com Sent:Wednesday, June 26, 2013 8:50 AM To:Marcie Diamond Cc:Carl Frontera; David Newton; pyeoh@ceieng.com Subject:CLA Coppell - Request to Table City Council meeting Hi Marice, To allow us to work through the traffic issues, we are requesting to table the July 9th City Council meeting to the August 13th City Council meeting. Thank you. -- Maria Alejandra Peña, LI 9654 Project Manager CEI Tri West Plaza 3030 LBJ Freeway, Suite 100 Dallas, TX 75234 Phone: 972-488-3737 Cell: 214-507-4703 "We will continually set the standard in consulting services for public and private development, and are committed to the growth and success of each other." CEIENG.COM Arkansas | California | Georgia | Louisiana | Minnesota | Pennsylvania | Texas This message could contain confidential information. Unless you are the addressee (or authorized to receive for the addressee), you may not copy, use, or distribute this information. If you have received this message in error, please advise Maria Alejandra Peña, LI 9654 immediately at 1-972-488-3737 or return it promptly by mail. ITEM # 4 Page 1 of 6 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure P&Z HEARING DATE: May 16, 2013 July 18, 2013 C.C. HEARING DATE: June 11, 2013 August 13, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: NWC MacArthur Boulevard & Forest Hill Drive SIZE OF AREA: 2.6 acres of property CURRENT ZONING: PD-199-HC (Planned Development-199-Highway Commercial) REQUEST: A zoning change to PD-199R8-HC (Planned Development-199-Revision 8- Highway Commercial), to allow the development of a Day Care Center. APPLICANT: Prospective Purchaser: Property Owner: David Newton Simon Beakley Children's Learning Adventure 121 Crossing LTD Childcare Centers (CLA) 6900 Dallas Parkway 3131 E Camelback Rd, Suite 420 Suite 780 Phoenix, AZ 85016 Plano, Texas 75024 602-707-6991 972-698-5399 dnewton@childrenslearningadventure.com HISTORY: The subject property lies within Denton County and was originally part of the city of Lewisville when the original plat for Vista Ridge Business Park was recorded in September of 1986. Since that time, the city of Coppell has annexed this and other portions of that Business Park. On December 16, 1999, the Planning and Zoning Commission recommended denial of a request for a PD for a gas station, convenience store and car wash on 1.5 acres at this corner of S.H. 121 and MacArthur Boulevard. This recommendation was not appealed to City Council. In September 2001, Council approved a Site Plan and Replat to allow for the construction of a one-story, 71,000-square-foot office building on seven acres. That building was never built and the site plan expired. On April 13, 2004, Council approved a Concept Planned Development to allow the construction of 210,000-square feet of office/warehouse/assembly buildings (total of 6 buildings) and five retail pad sites. In August 2004, Council approved the Detail ITEM # 4 Page 2 of 6 Plan for the first phase of this development, consisting of three buildings, totaling 93,550-square feet. The second three buildings were approved in April 2006. Also in 2004, with the original Concept Plan, an SUP for a gas station and car repair on Lot 4 of this PD was approved, which subsequently expired. A modified SUP for the same uses was again approved in May 2005. On April 12, 2005, Council approved an amendment to this PD to allow the development of the Bank of Texas on Lot 5, which abuts the subject property to the north. On November 14, 2006, Council approved a Site Plan to allow a 9,300-square- foot retail building replacing the previously approved gas station/convenience store at the corner of SH 121 and MacArthur Blvd. Firestone Auto Repair was completed in April of 2007 on the land adjacent to the retail building. On October 13, 2009, Council approved a PD Amendment and a replat which allowed that lot to be subdivided into two lots to allow the existing buildings (the retail and the Firestone) to be on individual lots to permit separate ownership. Zimmer purchased the retail building, and was denied a PD amendment to allow for attached signage which was not in accordance with the sign regulations. Since that time, the citywide Sign Ordinance has been revised, and Zimmer was allowed their desired sign. On May 16, 2013, the Planning & Zoning Commission recommended approval of this request subject to various conditions, including: • Planning and Engineering staffs to coordinate with the applicant and the City of Lewisville on traffic study requirements. • Implement a traffic management plan for the Children’s Learning Adventure buses to utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. Subsequent to the May 16th meeting, due to the concerns expressed by the Planning and Zoning Commission and citizen input, staff requested the applicant provide additional information on the internal and external circulation patterns for this proposed 470 student facility. Council’s consideration of this request was postponed until the traffic issues were addressed. One of the recommendations of the Traffic Management Plan was that additional parking be provided for this facility. Given the impact that this had on the Site Plan, this request has been sent back to the Planning and Zoning Commission for additional consideration. HISTORIC COMMENT: The request area does not have historic significance. TRANSPORTATION: MacArthur Boulevard is a P6D Major thoroughfare built to standard with a six- lane divided street contained within a 120-foot right-of-way. ITEM # 4 Page 3 of 6 SURROUNDING LAND USE AND ZONING: North- Bank of Texas; PD-199-R2-HC South- Levee and Trail System (approx.330 foot wide) and The Peninsulas; PD- 132-SF-9 East-Villas of Lake Vista; PD-202-TH-1 West-Office/warehouse/showroom; PD-199R3-HC COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this area for Freeway Special District. DISCUSSION: This is the final parcel to be developed in this master planned development approved almost 10 years ago. The applicant, Children’s Learning Adventure desires to build a 25,737 square foot day care facility. They currently have 15 facilities, in five states, with 14 listed as coming soon on their website. In Texas, they have three existing facilities and seven planned. This facility has an enrollment capacity of 470 students, and will offer preschool as well as before and after school programs. The hours of operation are from 6:00 a.m. to 6:30 p.m., weekdays. The prototypical building and site development has been modified to address various PD conditions and local standards, such as extending the 30’ wide landscape buffer along MacArthur Boulevard, where 15’ wide buffer would normally be required, and extending the mutual access easements to allow the free flow of traffic from this facility to SH 121, MacArthur Blvd and Forest Hills, as well as the businesses in between. The elevations have been modified to use the same materials as on the other buildings within this development and to include additional stone and brick to meet the 80% masonry requirements. This facility will have 26,404 square feet of outdoor activity areas; in addition to three play grounds there will be a basketball court, tennis court and a courtyard (picnic) area. The shade structures proposed will have earth-tone canvas (generally sand-beige) coverings and green poles. Per the Zoning Ordinance these poles are required to meet the 80% masonry requirement. The cladding of these poles is condition of approval. The surfaces of these play areas will be concrete, rubber and synthetic turf, none of which will count towards their landscaping requirements. The landscaping will be provided as required in the PD and the Landscape Ordinance. Perimeter landscaping with overstory trees will be provided along MacArthur Boulevard and Forest Hill Drive. Landscape islands with overstory trees within the parking areas and non-vehicular landscaping are being provided by wider perimeter buffer areas, planting areas adjacent to the building and larger landscaped islands. Even with extra wide buffers, the existing trees on the site cannot be preserved. To receive credit towards the mitigation fees, all 29 overstory trees proposed have been upsized to be 4-inch caliper at the time of planting. The proposed signage for this building is unique, in that their corporate standard is to have the words PRESCHOOL and AFTERSCHOOL as their attached signage and the business name, Children’s Learning Adventure on their monument sign. This building has 197 feet of frontage on MacArthur Blvd, ITEM # 4 Page 4 of 6 allowing for a total 197 square feet of attached signage. The applicant is proposing an 81 square foot AFTERSCHOOL sign and a 66 square foot PRESCHOOL along the front façade. On the southern elevation, facing Forest Hills Drive, a 50 square foot PRESCHOOL sign is proposed. The signs will be black, internally illuminated reverse lit channel letters, which is compliance with the Sign Ordinance. Originally, there was a colorful, 200 +/- square foot Children’s Learning Adventure sign proposed to be placed behind the front window in the rotunda area along the front façade. Per the Sign Ordinance, given its visibility from the street, it would be considered a sign and count towards the overall signage for the project. Therefore, it was eliminated from the proposal. The 60-square-foot monument sign contains the corporate logo and colors and will have halo-lit reverse channel letters in accordance with the recently amended Sign Ordinance. As mentioned in the History Section of this report, subsequent to Planning and Zoning Commission’s recommendation on this proposed rezoning for a day care facility, Commission requested staff conduct additional study on internal and external traffic circulation patterns due to the potential impact on the abutting street system. The applicant submitted three studies; Traffic Signal Warrant Analysis, Traffic Impact Analysis, and a Traffic Management Plan which were prepared by Lee Engineering and reviewed by the Engineering Department. One of the specific recommendations of the Planning and Zoning Commission was “Planning and Engineering staffs to coordinate with the applicant and the City of Lewisville on traffic study requirements” Per that recommendation the Traffic Signal Warrant Analysis determined a signal would be warranted at the northern driveway serving this site across from Lake Vista Drive. The results of this study indicate that the signal light is warranted. The owner/applicant will be responsible for one leg of this signal and the Cities of Coppell and Lewisville will be responsible for the other three legs. Further discussion on funding and timing are expected to occur between the two cities. The applicant/owner will be required to escrow the funds for ¼ of this signal prior to the issuance of the building permit for this facility. However, the day care will be permitted to open prior to the installation of the signal. Per the recommendations of the Traffic Impact Analysis, and the Traffic Management Plan, the following site plan revisions have been made to accommodate the internal circulation and parking: • Increased the parking spaces from 47 to 69 spaces which essentially doubles the parking spaces in front of the building which are most accessible for parents dropping off and picking up their children. • Added an internal circulation plan which requires a counter clockwise pattern to assure that all queuing is on-site, and will not back up onto the abutting streets. • Increased the building setback to 73 feet from MacArthur Boulevard to allow for the additional parking as well as the retention of the 30-foot wide landscape buffer in the front yard. ITEM # 4 Page 5 of 6 • Reduced the outdoor play area by 2,500 square feet to assure that this site will be complaint with all other landscape requirements of the Zoning Ordinance. • Relocated the dumpsters from the northern property line (internal to the site) to the southern property line, which is adjacent to Forest Hill Drive. A 6-foot tall masonry enclosure with Leyland Cypress Trees are proposed to screen the two dumpsters. This enclosure is proposed to be located 15 feet from the southern property line, which encroaches 45 feet into the required 60 foot front yard setback along Forest Hill Drive. Staff originally recommended that this double dumpster be relocated back to the north property line or other suitable location that is not within the required setback and not readily visible from the street rights-of-way. o Upon further analysis, it appears that there is not sufficient room to accommodate both dumpsters along the northern property line. If no other suitable location is found, consideration should be given to a single dumpster along the northern property line instead of a double dumpster along Forest Hills Drive which encroaches into the required setback by 45 feet. Finally, the Traffic Impact Analysis also addressed the potential cut-through traffic issue. As part of the study they conducted an origin and destination study to use as a base line study for future analyses if required. As recommended by the Planning and Zoning Commission, the applicant has committed that Children’s Learning Adventure buses will utilize the SH 121 service road to access Denton Creek Elementary School and Coppell Middle School North, verses cutting though the residential streets of the Vistas of Coppell neighborhood. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure subject to: 1. There may be additional comments after detail engineering review. 2. The cladding a minimum of 80% of the height of the shade structure poles with a masonry material to match the building. 3. Tree removal permit shall be required prior to the removal of any trees. 4. Assure that the Fire Riser Room is accessible (not be behind a locked gate) On May 16, 2013, the Planning & Zoning Commission recommended approval of PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure subject to the following conditions: 1. There may be additional comments upon detail engineering review. 2. The cladding a minimum 80% of the height of the shade structure poles with a masonry material to match the building. 3. Tree removal permit shall be required prior to the removal of any trees. 4. Assure that the Fire Riser Room is accessible (not be behind a locked gate). 5. Planning and Engineering staffs to coordinate with the applicant and the City of Lewisville on traffic study requirements. 6. Implement a traffic management plan for the Children’s Learning Adventure buses to utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. ITEM # 4 Page 6 of 6 Staff’s Revised Recommendation: Approval of PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure subject to the following conditions: 1. There may be additional comments upon detail engineering review. 2. The cladding a minimum 80% of the height of the shade structure poles with a masonry material to match the building. 3. Tree removal permit shall be required prior to the removal of any trees. 4. Prior to issuance of Building Permit the owner/applicant shall place sufficient funds in escrow for one-fourth the cost of the proposed traffic signal to be located at MacArthur Blvd and Lake Vista Drive. The issuance of a Certificate of Occupancy may be issued prior to the installation of the traffic signal. 5. The Children’s Learning Adventure buses shall utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Traffic Management Plan 2. Sign Package 3. Revised Site Plan 4. Revised Landscape Plan 5. Tree Survey 6. Elevations      Engineering Associates, Inc.LEGEND      FLOOD PLAIN NOTES :Figure 2: Proposed Site Plan Children’s Learning Adventure Center – Traffic Management Plan July 2103 3 TRIP GENERATION ITE Trip Generation The number of trips generated by the development is a function of the type and quantity of the land use of the development. Typically, the number of vehicle trips generated by a proposed development can be estimated based on the trip generation rates and equations provided in the publication entitled Trip Generation Manual, Ninth Edition, by the Institute of Transportation Engineers (ITE). For this study, estimates of the number of trips generated by the site were made for the AM and PM peak hours, as well as on a daily basis using the ITE trip generation values. Table 1 shows the trip generation equations used for this development and the directional splits for the proposed land use as shown in the ITE Manual. Using the trip generation equations from Table 1, the resulting estimated trips generated by the proposed CLAC are provided in Table 2. Table 1: Trip Generation Equations for CLAC Campus LAND USE Land Use Day Care Center ITE Land Use Code 565 EQUATIONS (X = # of Students) Average Weekday T = 4.79 (X) – 33.46 AM Peak Hour T = 0.73 (X) + 4.67 PM Peak Hour Ln (T) = 0.88* Ln (X) + 0.27 DIRECTIONAL SPLIT (% in / % out) Average Weekday 50 / 50 AM Peak Hour 53 / 47 PM Peak Hour 47 / 53 Table 2: Estimated Trip Generation CLAC Campus Day Care Center (470 students) Total In Out Average Weekday 2,218 1,109 1,109 AM Peak Hour 348 184 164 PM Peak Hour 294 138 156 It should be noted that the number of students and gross floor area exceed the data extremes provided in the Trip Generation Manual. The maximum number of students in ITE is 200 students versus the projected enrollment of 470 students at the Children’s Learning Adventure Center facility. In addition, the maximum gross floor area in ITE manual is 17,000 ft2 versus the proposed 25,737 ft2 for the proposed facility. In seven of the eight proposed scenarios in the ITE Manual, the maximum number of employees is 30 versus the 35 proposed employees for Children’s Learning Adventure Center. In one scenario, the maximum number of employees is 45, but this values falls on the data extremes and any values collected at each extreme should be reviewed. Within the Trip Generation Manual, ITE provides a “Recommended Procedure for Selecting Between Trip Generation Average Rates and Equations”. This flow chart recommends Children’s Learning Adventure Center – Traffic Management Plan July 2103 4 collecting local data to determine trip rates because the data does not fall within existing data extremes. However, Children’s Learning Adventure Center has no local facilities within the Dallas/Ft. Worth Metroplex from which to collect data. The R2 values for this study range from 0.58 to 0.75. In addition, data collected from sites in Las Vegas, Nevada and Phoenix, Arizona show trips rates considerably less than ITE standards. By utilizing ITE trip generation rates, this study presents a conservative analysis. QUEUING ANALYSIS Parents arrive between 6:00 AM to 9:00 AM and pick‐up their child(ren) between 3:00 PM and 6:30 PM. The facility is designed such that parents will park their cars and enter the facility with their child(children) and deliver them to the appropriate employee. Because parents will park their cars and walk their children into the building, no “queue” is expected at this facility. To limit the conflict at the MacArthur Boulevard and Lake Vista Drive intersection, parents will be directed to circulate counter‐clockwise around the building and to not enter the drive aisle immediately adjacent to MacArthur Boulevard as shown in Figure 6. “DO NOT ENTER” signs will be installed at the location marked “1” in Figure 6. Figure 3: Circulation Pattern Children’s Learning Adventure Center – Traffic Management Plan July 2103 5 PARKING ANALYSIS To evaluate the predicted parking demand for the proposed Children’s Learning Adventure Center, local data was collected at two existing Children’s Learning Adventure Centers in Texas. One facility is located in The Woodlands and the second facility is located in League City. Table 7 summarizes the parking data. The raw data is provided as an attachment to this letter. Table 3: Parking Data Summary Location The Woodlands, TX League City, TX Average Licensed Enrollment 553 339 446 Current Enrollment 253 232 243 Building Size (ft2) 25,737 16,462 21,100 Parking Spaces Provided 63 64 64 Max Occupied Spaces 41 26 31 Parking Rate per Student 0.16 0.11 0.14 Parking Rate per 1,000 ft2 1.59 1.58 1.59 The Children’s Learning Adventure Center in Coppell, Texas will be 25,737 ft2 and will be licensed for 470 students. Using an average parking rate of 0.14 spaces per student, the Coppell facility will utilize 66 spaces during the peak 15 minutes. Based on an average parking rate of 1.59 spaces per 1,000 square feet, the facility will require 41 parking spaces. The City of Coppell parking requirement is 1 space per 10 students or 47 spaces. The proposed facility provides 69 parking spaces which exceeds the predicted demand. CONCLUSION The proposed Children’s Learning Adventure Center will be located in the southwest corner of the intersection of MacArthur Boulevard and Lake Vista Drive in Coppell, Texas. Using ITE trip generation rates, the development is expected to generate approximately 348 trips during the AM peak hour and 294 trips during the PM peak hour. To limit the potential conflict at the MacArthur Boulevard and Lake Vista Drive intersection, parents will be directed to circulate counter‐clockwise around the building. “DO NOT ENTER” signs will be installed on the north and of the drive aisle east of the building to deter drivers. Based on the parking rates at existing Children’s Learning Adventure Center facilities, the proposed site requires 66 parking spaces during the peak 15‐minute period. The proposed site layout provides 69 parking spaces which exceeds the predicted demand. Parking Inventory Woodlands League City Opened:4/22/2013 2/25/2013 Date Collected:6/25/13 ‐ 6/26/13 6/26/13 ‐ 6/27/13 Current Enrollment:253 232 Parking Spaces provided:63 64 Licensed Enrollment:553 339 Building size 25737 16462 6:00‐6:15 7 4 6:15 7 4 6:30 10 6 6:45 9 7 7:00 13 10 7:15 15 12 7:30 15 15 7:45 20 17 8:00 24 18 8:15 27 18 8:30 28 23 8:45 27 22 9:00 35 23 9:15 41 9:30 32 4:00 28 26 4:15 29 23 4:30 26 23 4:45 23 24 5:00 28 25 5:15 29 22 5:30 29 18 5:45 22 17 6:00 24 16 6:15 13 17 6:30 11 10 Rate per enrolled student:0.16 0.11 Rate per 1,000 ft2 1.59 1.58 Parking Data H:\T1575.02 ‐ Childrens Learning Center TIA\Traffic Mgmt Plan\Goodyear ‐ Goodyear LEGENDEXISTINGED−X−WVBWPTHGVSCHYDFA/CSTSOHU640’WGASCETINITIAL DATE PRN PM DES DRW Engineering Associates, Inc.CEI PROJECT NO.JOB # 27644 DRAWING: 27644land.dwg LAST SAVED BY: MAO LOCATION: P:\27000\27644.0\Drawings\Concept\REV−2\27644land.dwgcity of coppell, texas landscape data tableNON−VEHICULAR LANDSCAPING:15% OF LOT NOT COVERED INBUILDING TO BE LANDSCAPE OPENSPACE.ONE TREE PER 2,500 SQ. FT. OFNON−VEHICULAR OPEN SPACEAREA.INTERIOR LANDSCAPING: 10% OFPARKING PAVEMENT TO BELANDSCAPED. ONE TREE PER 400SQ. FT.PARKING PAVEMENT=32,948.70SQ.FT.PARKING SPACES PROVIDED = 69PERIMETER LANDSCAPINGTREES (MACARTHUR BLVD −433 L.F.)TREES (FOREST HILL DRIVE− 287 L.F.)15−FOOT LANDSCAPE BUFFER9 TREES6 TREES15−FOOT LANDSCAPE BUFFER9 TREES6 TREES10%= 3,294.87 SQ. FT.12% OF PARKING SPACES= 8 ISLANDS9 TREESTOTAL LOT AREA = 114,501 SQ. FT.BUILDING 25,737 SQ. FT.LOT AREA = 88,764 SQ. FT.15% = 13,315 SQ. FT.50% OF THE 15% = 6,658 SQ. FT.6 TREESPERCENTAGE OF TOTAL SITE AREADEVOTED TO LANDSCAPING:3,295.96 SQ. FT.9 TREESTOTAL OPEN SPACE AREA =13,529.48 SQ. FT. (15.24%)OPEN SPACE IN FRONT YARD=8,028.65 SQ. FT.6 TREES21%GENERAL LANDSCAPE NOTESA. BEFORE COMMENCING WORK CONTACT APPROPRIATE UTILITY COMPANIES FOR UTILITY LOCATIONS, ANDCOORDINATE WITH GENERAL CONTRACTOR IN REGARDS TO LOCATION OF PROPOSED UTILITIES, SLEEVES,CONDUITS, ETC.B. ALL PROPOSED LANDSCAPING IS TO BE INSTALLED PER LOCAL JURISDICTIONS AND CODES. NOTIFY THELANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO CONSTRUCTION.C. CONTRACTOR TO INSPECT SITE AND VERIFY CONDITIONS AND DIMENSIONING PRIOR TO PROCEEDING WITHWORK DESCRIBED HERE IN. NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO BEGINNINGANY CONSTRUCTION.D. CONTRACTOR IS RESPONSIBLE FOR WORK IN ACCORDANCE WITH PLANS, DETAILS, SPECIFICATIONS ANDAPPLICABLE CODES AND REQUIREMENTS.E. QUANTITIES PROVIDED IN THE PLANT LIST ARE FOR GENERAL USE ONLY. CONTRACTOR IS RESPONSIBLEFOR VERIFICATION OF ALL PLANT AND LANDSCAPE MATERIAL QUANTITIES.F. IMMEDIATELY AFTER AWARD OF CONTRACT, NOTIFY THE OWNER’S REPRESENTATIVE AND/OR THELANDSCAPE ARCHITECT OF UNAVAILABILITY OF SPECIFIED PLANT MATERIAL FROM COMMERCIAL NURSERIES.THE OWNER’S REPRESENTATIVE AND/OR LANDSCAPE ARCHITECT WILL PROVIDE ALTERNATE PLANTMATERIAL SELECTIONS IF UNAVAILABILITY OCCURS. SUCH CHANGES SHALL NOT ALTER THE ORIGINAL BIDPRICE UNLESS A CREDIT IS DUE TO THE OWNER.G. ALL PLANT MATERIALS TO CONFORM TO THE AMERICAN STANDARD FOR NURSERY STOCK ANSI Z60.1.H. THE OWNER’S REPRESENTATIVE AND/OR LANDSCAPE ARCHITECT RESERVE THE RIGHT TO REFUSE ANYMATERIAL HE/OR SHE DEEM UNACCEPTABLE.I. COORDINATE WITH PROJECT REPRESENTATIVE FOR DISTURBED SITE TREATMENTS OUTSIDE LANDSCAPEIMPROVEMENTS. SEE CIVIL PLANS FOR SOIL STABILIZATION FOR EROSION CONTROL.J. ALL PROPOSED LANDSCAPING IS TO BE INSTALLED PER LOCAL JURISDICTIONS AND CODES. NOTIFY THELANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO CONSTRUCTION.K. CONTRACTOR TO INSPECT SITE AND VERIFY CONDITIONS AND DIMENSIONING PRIOR TO PROCEEDING WITHWORK DESCRIBED HERE IN. NOTIFY LANDSCAPE ARCHITECT OF AN DISCREPANCIES PRIOR TO BEGINNINGANY CONSTRUCTION.L. CONTRACTOR TO ENSURE THAT IRRIGATION SYSTEM IS INSTALLED PRIOR TO INSTALLING TREES/PALMS.CONTRACTOR SHALL ENSURE THAT THERE IS POSITIVE DRAINAGE AND NO PONDING OF WATER AT ROOTAREA.M. CONTRACTOR IS RESPONSIBLE FOR PROVIDING POSITIVE DRAINAGE AWAY FROM BUILDINGS DURING FINISHGRADE PROCESS.N. LANDSCAPE CONTRACTOR SHALL INSTALL UNDERGROUND, AUTOMATED IRRIGATION SYSTEM WHICH PROVIDESCOMPLETE COVERAGE OF THE SITE BEFORE THE INSTALLATION OF ANY LANDSCAPE MATERIAL (SEEIRRIGATION PLAN SHEET).O. CONTRACTOR SHALL REVIEW THE GEOTECHNICAL REPORT FOR ADEQUATE DRAINAGE AND SOILPREPARATION.A. LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR PREPARING ALL PLANTED AREAS. ALL DELETERIOUSMATERIALS SUCH AS ROCK, TRASH, CONSTRUCTION DEBRIS, AGGREGATE BASE MATERIAL, ASPHALT, ETC.SHALL BE REMOVED PRIOR TO ANY FILL OPERATIONS. FILL ALL PLANTING AREAS WITH CLEAN EARTHENFILL. SOIL SHALL BE FREE OF HEAVY, STIFF CLAY AND ANY DELETERIOUS MATERIAL OVER ONE INCH INSIZE. THE TOP SIX INCHES OF FILL MATERIAL STRIPPED FROM SITE MAY BE UTILIZED FOR PLANTER ORTOPSOIL FILL IF PRIOR APPROVAL HAS BEEN OBTAINED FROM THE OWNER’S REPRESENTATIVE AND/ORLANDSCAPE ARCHITECT.B. FINISH GRADE OF LANDSCAPE AREAS (TOP OF TURF AND MULCH) MUST BE GRADED TO 1 1/2" BELOWADJACENT PAVEMENT SURFACES.C. LOCATE SHRUBS A DISTANCE OF HALF OF THEIR AVERAGE MATURE SPREAD AWAY FROM WALKS,STRUCTURES, CONCRETE PADS, ETC. LOCATE GROUND COVER PLANTINGS A MINIMUM OF 2’ FROM WALKS,STRUCTURES, CONCRETE PADS, ETC.D. ALL LAWN AREAS NOT OTHERWISE BORDERED BY WALKS, OR OTHER STRUCTURES, SHALL HAVE STEELEDGING.E. TREES PLANTED ADJACENT TO PUBLIC ROADS AND PEDESTRIAN SIDEWALKS SHALL BE PRUNED TO 7’ HEIGHT(MINIMUM) CLEARANCE ABOVE PAVEMENT.F. ALL TREES WITHIN 7’ OF PAVED SURFACES (SUCH AS CURBS, WALLS, BUILDINGS AND SIDEWALKS) SHALL BEPROVIDED WITH A DEEP ROOT BARRIER CONTROL DEVICE OR EQUAL. INSTALL PER MFR’S SPECIFICATIONS.G. SHREDDED HARDWOOD MULCH SHALL BE USED AS A 4" TOP DRESSING IN ALL PLANT BEDS AND AROUND ALLTREES (EXCEPT IN PLAYGROUND AREA). SINGLE TREES OR SHRUBS SHALL BE MULCHED TO THE OUTSIDEEDGE OF THE SAUCER OR LANDSCAPE ISLAND (SEE PLANTING DETAILS).H. TOPSOIL DEPTH SHALL BE AS FOLLOWS:PLANTER BEDS − 12" MINIMUMGRASS/SOD AREAS − 4" MINIMUM (AFTER COMPACTION)I. BACKFILL ALL TREES, SHRUBS, GROUNDCOVER WITH A MIXTURE OF 2 PARTS NATIVE SOIL AND 1 PART SOILCONDITIONING WITH WOOD MULCH.J. THE LANDSCAPE CONTRACTOR SHALL WATER TEST ALL PLANTING HOLE PRIOR TO PLANTING. IF HOLES DONOT DRAIN PROPERLY, EXCAVATE FURTHER UNTIL IMPERMEABLE LAYER IS BREACHED. EXCAVATED PLANTPITS SHALL HAVE POSITIVE DRAINAGE. PLANT PITS (WHEN FULLY FLOODED WITH WATER) SHALL DRAINWITHIN 1 HOUR OF FILLING. ENSURE THAT ALL PLANT PITS HAVE POSITIVE DRAINAGE.K. ALL PLANTING BEDS SHALL BE TREATED WITH A PRE−EMERGENT HERBICIDE. PRE−EMERGENT HERBICIDESHALL BE APPLIED PER MANUFACTURE’S RECOMMENDATIONS AND SHALL OCCUR AFTER TOPSOIL PLACEMENTAND PRIOR TO INSTALLATION OF PLANT MATERIALS AND MULCH.L. FERTILIZE ALL PLANTS AT THE TIME OF PLANTING WITH A TIME RELEASE FERTILIZER PER BRAND’SSPECIFIED APPLICATION RATES.F. NO MULCH INSIDE OF PLAYGROUND AREA.PLANTING NOTESMAINTENANCE NOTESA. THE OWNER/TENENT AND THEIR AGENT, IF ANY SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCEOF ALL LANDSCAPE.B. ALL LANDSCAPE SHALL BE MAINTAINED IN A NEAT AND ORDERLY MANNER AT ALL TIMES. THIS SHALLINCLUDE MOWING, EDGING, PRUNING, FERTILIZING WATERING, WEEDING AND OTHER SUCH ACTIVITIESCOMMON TO LANDSCAPE MAINTENANCE.C. ALL LANDSCAPE AREAS SHALL BE KEPT FREE OF TRASH, LITTER, WEEDS AND OTHER SUCH MATERIALS ORPLANTS NOT PART OF THE PLAN.D. ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY AND GROWING CONDITION AS IS APPROPRIATEFOR THE SEASON OF THE YEAR.E. ALL PLANT MATERIAL WHICH DIES SHALL BE REPLACED WITH PLANT MATERIAL OF EQUAL OR BETTERVALUE.F. CONTRACTOR SHALL PROVIDE SEPARATE BID PROPOSAL FOR ONE YEAR’S MAINTENANCE TO BEGIN AFTERFINAL ACCEPTANCE.COPPELL NOTESA. IRRIGATION CONTROLLER SHALL INCLUDE A SURGE PROTECTION DEVICE, FREEZE DETECTOR AND RAINSENSOR.B. LANDSCAPE PLANS SHALL BE SIGNED AND SEALED BY A LICENSED LANDSCAPE ARCHITECT.C. IRRIGATION PLANS SHALL BE SIGNED AND SEALED BY A LICENSED IRRIGATION DESIGNER.D. IRRIGATION METER WILL REQUIRE ASSESSMENT BY THE CITY OF COPPELL WATER UTILITIES.E. ALL LANDSCAPE AREAS TO BE 100% IRRIGATED WITH AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM.LOT 6RBLOCK AVISTA POINT II0 20’ 30’ 40’SCALE IN FEETCLA COPPELL, LLC3131 E. CAMELBACK ROAD, SUITE 420PHOENIX, AZ 85016(602) 707−6991 (PHONE)CONTACT: DAVID NEWTONCEI ENGINEERING ASSOCIATES, INC.3030 LBJ FREEWAY SUITE 100(972) 488−3737 (PHONE)(972) 488−6732 (FAX)CONTACT: MARIA PENASURVEYOR:PROPERTY OWNER:PEISER & MANKIN SURVEYING, LLC623 E. DALLAS ROADGRAPEVINE, TEXAS 76051(817)−481−1806 (PHONE)CONTACT: TIMOTHY MAKIN, RPLS114,501 SQ.FT. (2.629 ACRES)PROPOSED USE:DAY CARE CENTEREXISTING ZONING:PD−199 HIGHWAY COMMERCIALSQUARE FOOTAGE OF EACH PROPOSED USE:25,737 SQ. FT.BUILDING AREA (GROSS SQUARE FOOTAGE):35 FT47 SPACESBUILDING HEIGHT:FLOOR AREA RATIO:PROPOSED LOT COVERAGE:22.48%0.225:1PLAYGROUND AREA:23,896.94 SQ. FT.ENGINEER &LANDSCAPE ARCHITECT:69 SPACESPROVIDED PARKING PER EACH USE:PROPOSED ZONING:PD−199R8−HC470NUMBER OF PUPILSREQUIRED PARKING PER EACH USE:(ONE SPACE PER 10 PUPLIS)HOURS OF OPERATION6:00AM. TO 6:30PM. FROM MONDAY TO FRIDAYAPPLICANT / DEVELOPER:121 CROSSING LTD6900 DALLAS PKWY STE 780PLANO, TX 75024SAETS T A81OF91ETXRICHARD W. RO G E RS 7/5/2013 INITIAL DATE PRN PM DES DRW Engineering Associates, Inc.CEI PROJECT NO.JOB # 27644 DRAWING: 27644land.dwg LAST SAVED BY: MAO LOCATION: P:\27000\27644.0\Drawings\Concept\REV−2\27644land.dwgTREES/PALMSCOMMON NAMEBotanical NameROOTSIZE/HT. ATPLANTINGSPACINGNOTESSHRUBSQTY.COMMON NAMEBotanical NameROOT SIZE SPACINGNOTES203BIG BLUE LIRIOPECONT. 1 GAL.LANDSCAPE SCHEDULE − CLA9DWARF YAUPON HOLLYCONT.5 GAL.Liriope muscari ’Big Blue’ilex cornuta ’nana’B&BHYBRID BERMUDA GRASS SOD ’CELEBRATION’Cynodon dactylonQTY.TURFQTY.COMMON NAMEBotanical NameNOTES20,250SFMISC.QTY.PRODUCT DESCRIPTIONNOTESINDIAN HAWTHORN ’CLARA’Raphiolepis indica ’Clara’ADAGIO MAIDEN GRASSMiscanthus sinensis ’Adagio’DWARF BURFORD HOLLYIlex cornuta ’Burfordii nana’6Quercus shumardi15Ulmus parvifolia sempervirensSHUMARD RED OAKLACEBARK ELMB&B4" CALIPER7’ HT.SEE PLANSEE PLAN5 GAL.5 GAL.5 GAL.CONT.CONT.CONT.24" O.C.30" O.C.48" O.C.48" O.C.36" O.C.8923185ANNUALS12SF4" POT AT 6"−8" O.C.9Pistachia ChinensisCHINESE PISTACHEB&BSEE PLAN4" MULCHBACKFILL MIX1’−2’GROUND COVERPLANTINGN.T.S.SEE PLANT LIST FOR SPACING12"SHRUB PLANTINGN.T.S.( SEE LANDSCAPE NOTES UNDISTURBED SUBSOILBACKFILL MIX3 INCHES MULCHFOR TYPE OF MULCH )REMOVE BURLAP & ROPEFROM TOP 1/3 OF BALLIF SHRUB IS B & B, THEN6"2’(MIN.)TREE PLANTINGN.T.S.12"6"PLANTREE WRAPBACKFILL MIXPAINTED FLUORESCENT ORANGECOVERED W/2−PLY RUBBER HOSEWHITE FLAGGING (TYP.)DOUBLE STRAND 12 GAUGE WIRE8" 2−PLY RUBBER HOSE8’ STEEL TEE POST− 3 REQUIRED AT 120°4 INCHES MULCHFROM TOP 1/3 OF THE BALLREMOVE BURLAP & ROPEUNDISTURBED SUBSOIL4 INCH DEEP SAUCERNOTE: SEE LANDSCAPE NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.SODDED AREANATURAL STEEL EDGING.NO PAINTED EDGING SHALLBE USED.BELOWGRADESTEEL STAKE DRIVENFROM MULCH SIDE OFEDGING WITH TOP OFSTAKE BELOW TOP OFHEADER.ABOVEGRADEMULCH TOPFINISHED GRADENATURAL STEEL EDGING.NO PAINTED EDGING SHALLBE USED.BELOWGRADEABOVEGRADEDRESSINGPOLYPROPYLENE MATERIALWEED BARRIER.COMPACTED SANDSUB−BASE.FINISHED GRADEPOLYPROPYLENE MATERIALWEED BARRIER.STEPPING STONE BED1/32/31/32/3STEEL STAKE DRIVENFROM MULCH SIDE OFEDGING WITH TOP OFSTAKE BELOW TOP OFHEADER.MULCH TOPDRESSINGSTEEL EDGINGN.T.S.SODDED AREA W/MULCHN.T.S.ROCK BED AREA W/MULCHN.T.S.6" MINIMUM OF 1"−3" MINIMUM 12" BACKFILL MIXTOP OF POTDECOMPOSED GRANITE ROCKCOMPACT SOIL AROUND PLANTER POT TO SAME DENSITY AS UNDISTURBEDADJACENT SOIL.2’4’1 1/2"1/2" THRU HOLE (4).FILL HOLE WITH CAULKPLANTER POT DETAILN.T.S.NOTES:1. REFER TO COURTYARD PLAN FOR LOCATIONS.2. QUICKCRETE CASCADE QR−CE4824P SAND COLOR WITH LIGHT BLASTOR APPROVED EQUAL.TOP OF POTBOTTOM OF POTFILL HOLE WITH CAULK1/2" THRU HOLE4−CREEPING ROSEMARY4−BLUE PRINCESS VERBENA1−PURPLE FOUNTAIN GRASSVerbena x hybrida ’Blue Princess’Pennisetum ’rubrum’Rosmarinus officinalis ’Protratus’4" CALIPER7’ HT.4" CALIPER7’ HT.CLA COPPELL, LLC3131 E. CAMELBACK ROAD, SUITE 420PHOENIX, AZ 85016(602) 707−6991 (PHONE)CONTACT: DAVID NEWTONENGINEER CEI ENGINEERING ASSOCIATES, INC.3030 LBJ FREEWAY SUITE 100(972) 488−3737 (PHONE)(972) 488−6732 (FAX)CONTACT: MARIA PENASURVEYORPROPERTY OWNER/DEVELOPER / APPLICANTPEISER & MANKIN SURVEYING, LLC623 E. DALLAS ROADGRAPEVINE, TEXAS 76051(817)−481−1806 (PHONE)CONTACT: TIMOTHY MAKIN, RPLS&LANDSCAPE ARCHITECT12"FROM TOP 1/3 OF THE BALLTREE PLANTING ON SLOPEN.T.S.NOTE: SEE LANDSCAPE NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.2’(MIN.)6"REMOVE BURLAP & ROPEUNDISTURBED SUBSOILBACKFILL MIX8’ STEEL TEE POST− 3 REQUIRED AT 120°DOUBLE STRAND 12 GAUGE WIRECOVERED W/2−PLY RUBBER HOSEPAINTED FLUORESCENT ORANGETO PROVIDE FOR PLANTINGCUT BACK SLOPE A FLAT SURFACE 6"EXISTING GROUNDWHITE FLAGGING (TYP.)4 INCHES MULCHTREE WRAP4 INCH DEEP SAUCER8" 2−PLY RUBBER HOSEPLANPROPERTY OWNER/121 CROSSING LTD6900 DALLAS PKWY STE 780PLANO, TX 750246Cupressocyparis leylandiLEYLAND CYPRESSCONT.SEE PLAN7’ HT. ATTIME OFPLANTING7/5/2013SAETS T A81OF91ETXRICHARD W. RO G E RS LEGENDEXISTINGED−X−WVBWPTHGVSCHYDFA/CSTSOHU640’WGASCETINITIAL DATE PRN PM DES DRW Engineering Associates, Inc.CEI PROJECT NO.JOB # 27644 DRAWING: 27644land.dwg LAST SAVED BY: MAO LOCATION: P:\27000\27644.0\Drawings\Concept\REV 1\27644land.dwgTREE MITIGATION TABULATIONSEXISTING TREE LEGENDEXISTING TREE TO REMOVETOTAL CALIPER OF PROTECTED TREESTOTAL CALIPER OF TREES SAVED(6" AND GREATER)PRESERVATION CREDIT %REQUIRED RETRIBUTIONTOTAL CALIPER INCHES OF TREES PROVIDED(REFER TO LANDSCAPE PLAN)211"0TREE MITIGATION TABULATIONSDIA.INCHESSPECIES(COMMON NAME)12"11"11"28"11"31"9"11"23"19"9"11"6"11"13"22"32"CEDAR ELMCEDAR ELMCEDAR ELMHACKBERRYHACKBERRYCEDAR ELMHACKBERRYHACKBERRYLIVE OAKCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELM58"(50% OF THE PROVIDED BY ORDINANCE)29 TREES @ 4" CAL. (REQUIRED BY ORDINANCE)= 116"153"0 20’ 30’ 40’SCALE IN FEETCLA COPPELL, LLC3131 E. CAMELBACK ROAD, SUITE 420PHOENIX, AZ 85016(602) 707−6991 (PHONE)CONTACT: DAVID NEWTONCEI ENGINEERING ASSOCIATES, INC.3030 LBJ FREEWAY SUITE 100(972) 488−3737 (PHONE)(972) 488−6732 (FAX)CONTACT: MARIA PENASURVEYOR:PROPERTY OWNER:PEISER & MANKIN SURVEYING, LLC623 E. DALLAS ROADGRAPEVINE, TEXAS 76051(817)−481−1806 (PHONE)CONTACT: TIMOTHY MAKIN, RPLSENGINEER &LANDSCAPE ARCHITECT:APPLICANT / DEVELOPER:121 CROSSING LTD6900 DALLAS PKWY STE 780PLANO, TX 75024SAETS T A81OF91ETXRICHARD W. RO G E RS 5/6/2013 FIN FLOOR0'-0" = 59.0'T.O. PARAPET25' - 8"FIN FLOOR0'-0" = 59.0'T.O.ROTUNDA40' - 0"CURTAIN WALL GLAZINGPILASTER CORNICESTONE CORNICEFRONT FEATURE CORNICEROTUNDA CORNICESPANDREL GLAZINGSTONEPILASTER CAPCURTAIN WALL GLAZINGBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRCURTAIN WALL GLAZINGCULTURED STONE:COBBLEFIELD "TEXAS CREAM"(SIM. MATCH TO COBBLEFIELD "BROWN"SIGNAGESIGNAGESTONE PILASTERCAPITALSTONE CORNICESTONE ACCENT CORNICESTONE ACCENTCORNICET.O.ROTUNDA40' - 0"FIN FLOOR0'-0" = 59.0'PILASTER CORNICEMAIN CORNICESIDE FEATURE CORNICEACCENT CORNICEPILASTER CAPSIDE BUMP-OUT CORNICEPILASTER CAPROTUNDA CORNICESPANDREL GLAZINGCULTURED STONE:COBBLEFIELD "TEXAS CREAM"(SIM. MATCH TO COBBLEFIELD "BROWN")BRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRCURTAIN WALL GLAZINGFIN FLOORT.O.ROTUNDA40' - 0"0'-0" = 59.0'PILASTER CORNICESIDE FEATURE CORNICEMAIN CORNICESIDE BUMP-OUT CORNICECURTAIN WALL GLAZINGPILASTER CAPACCENT CORNICECULTURED STONE:COBBLEFIELD "TEXAS CREAM"SPANDREL GLAZINGBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRCURTAIN WALL GLAZINGSIGNAGE AREA1/8"=1'-0"Plotted On: Monday, May 06, 2013 - 11:13amUser Name: kristen_mack 912580PROFESSIONAL OF RECORDPHONE: 314-821-1100Job No:No:ISSUE:DATE:Scale:Drawn:Checked:Sheet No.PROJECTMANAGERSST. LOUIS, MO 6312710877 WATSON ROADCHILDREN'S LEARNING ADVENTURE CHILDCARE CENTERSXX-XX-XXPermitDate:BidDate:COPPELL COPPELL, TEXASXX-XX-XXSCALE:1A2-0ELEVATION EAST1/8" = 1'-0" SCALE:2A2-0ELEVATION NORTH1/8" = 1'-0" SCALE:3A2-0ELEVATION WEST1/8" = 1'-0" SCALE:4A2-0ELEVATION SOUTH1/8" = 1'-0" ELEVATIONS FOR APPROVAL 5/6/13 DATE REVISION DESCRIPTION DESIGNER B1 A B3 C 15' R.O.W. CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 N.T.S. COPPELL, TX CLA-TXxxx-02 \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\SITE PLAN STORE # : ADDRESS: xxx MACARTHUR BLVD & FOREST HILLS DR. COPPELL, TX 5.1.13 WAMREVISE SIGN SCHEDULE SITE PLAN STORE # : ADDRESS: xxx MACARTHUR BLVD & FOREST HILLS DR. COPPELL, TX B1 A B3 C SITE R3 5.6.13 WAMREVISE SIGN SCHEDULE 5.7.13 WAMREVISE SITE PLAN DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ 5.1.13 WAMREVISE SOUTH ELE SIGNAGE 5.6.13 WAMREVISE EAST, NORTH, SOUTH ELE SIGNAGE ELE R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 N.T.S. COPPELL, TX CLA-TXxxx-02 SOUTH ELEVATION N.T.S. WEST ELEVATION N.T.S. NORTH ELEVATION N.T.S. EAST ELEVATION N.T.S. B1 B1 A A B3 B3 COMBINED SQ. FT=147 SQ. FT=50 DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ CL 1 R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/8"=1'-0" COPPELL, TX CLA-TXxxx-02 INTERNALLY ILLUMINATED REVERSE LIT CHANNEL LETTERS END VIEW .063" ALUMINUM RETURNS .125" ALUMINUM FACE 2" SPACERS .177" TRANSLUCENT CLEAR BACKS 66 SQ. FT. 4" (1) REQUIRED PAINT SATIN FINISH BLACK LETTER CONSTRUCTION BACKS: .177" TRANSLUCENT CLEAR BAFFLE: N/A RETURNS: 4" DEEP, .063" ALUMINUM TRIM CAP: N/A RETAINER: N/A SELF-CONTAINED: N/A REMOTE: YES RACEWAY: N/A FACE DETAILS FACE: .125" ALUMINUM ILLUMINATION LED: WHITE LED VOLTAGE: 120V REQUIREMENTS FOR ELECTRICAL ILLUMINATION PRIMARY ELECTRICAL LOCATION IS PROVIDED BY OTHERS. A DEDICATED CIRCUIT WITH NO SHARED NEUTRALS AND A GROUND RETURNING TO THE PANEL IS REQUIRED FOR ALL INSTALLATIONS ALL SIGNS HAVE: -DEDICATED BRANCH CIRCUITS -THREE WIRES: LINE, NEUTRAL & GROUND -WIRE SIZE: MINIMUM 12 GAUGE THN COPPER ALSO NOTE; GAUGE OF COPPER IS DETERMINED BY THE LENGTH OF RUN & AMPERAGE AS PER NEC ARTICLE 300. - GROUND WIRE MUST BE CONTINUOUS AND GO FROM THE SIGN TO THE PANEL BOARD GROUND BUS -VOLTAGE SHOULD READ NO MORE THAN (3) VOLTS BETWEEN GROUND AND NEUTRAL - CONDUIT CAN NOT BE USED AS A GROUND PATH.ELECTRICAL 120V COLOR KEY SIGN TO ATTACH WITH 3/8" LAG BOLTS B1 5.1.13 WAMREVISE QTY. 5.6.13 WAMREVISE QTY., DIMENSIONS 19'-1 3/8"3'-5 1/2" DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ CL 2 R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/8"=1'-0" COPPELL, TX CLA-TXxxx-02 INTERNALLY ILLUMINATED REVERSE LIT CHANNEL LETTERS 81 SQ. FT. (1) REQUIRED PAINT SATIN FINISH BLACK LETTER CONSTRUCTION BACKS: .177" TRANSLUCENT CLEAR BAFFLE: N/A RETURNS: 4" DEEP, .063" ALUMINUM TRIM CAP: N/A RETAINER: N/A SELF-CONTAINED: N/A REMOTE: YES RACEWAY: N/A FACE DETAILS FACE: .125" ALUMINUM ILLUMINATION LED: WHITE LED VOLTAGE: 120V REQUIREMENTS FOR ELECTRICAL ILLUMINATION PRIMARY ELECTRICAL LOCATION IS PROVIDED BY OTHERS. A DEDICATED CIRCUIT WITH NO SHARED NEUTRALS AND A GROUND RETURNING TO THE PANEL IS REQUIRED FOR ALL INSTALLATIONS ALL SIGNS HAVE: -DEDICATED BRANCH CIRCUITS -THREE WIRES: LINE, NEUTRAL & GROUND -WIRE SIZE: MINIMUM 12 GAUGE THN COPPER ALSO NOTE; GAUGE OF COPPER IS DETERMINED BY THE LENGTH OF RUN & AMPERAGE AS PER NEC ARTICLE 300. - GROUND WIRE MUST BE CONTINUOUS AND GO FROM THE SIGN TO THE PANEL BOARD GROUND BUS -VOLTAGE SHOULD READ NO MORE THAN (3) VOLTS BETWEEN GROUND AND NEUTRAL - CONDUIT CAN NOT BE USED AS A GROUND PATH.ELECTRICAL 120V COLOR KEY END VIEW .063" ALUMINUM RETURNS .125" ALUMINUM FACE 2" SPACERS SIGN TO ATTACH WITH 3/8" LAG BOLTS .177" TRANSLUCENT CLEAR BACKS 4" A 5.1.13 WAMREVISE QTY. 5.6.13 WAMREVISE QTY., DIMENSIONS 23'-5"3'-5 1/2" DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ CL 3 R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/8"=1'-0" COPPELL, TX CLA-TXxxx-02 INTERNALLY ILLUMINATED REVERSE LIT CHANNEL LETTERS END VIEW .063" ALUMINUM RETURNS .125" ALUMINUM FACE 2" SPACERS .177" TRANSLUCENT CLEAR BACKS 50 SQ. FT. 4" (1) REQUIRED PAINT SATIN FINISH BLACK LETTER CONSTRUCTION BACKS: .177" TRANSLUCENT CLEAR BAFFLE: N/A RETURNS: 4" DEEP, .063" ALUMINUM TRIM CAP: N/A RETAINER: N/A SELF-CONTAINED: N/A REMOTE: YES RACEWAY: N/A FACE DETAILS FACE: .125" ALUMINUM ILLUMINATION LED: WHITE LED VOLTAGE: 120V REQUIREMENTS FOR ELECTRICAL ILLUMINATION PRIMARY ELECTRICAL LOCATION IS PROVIDED BY OTHERS. A DEDICATED CIRCUIT WITH NO SHARED NEUTRALS AND A GROUND RETURNING TO THE PANEL IS REQUIRED FOR ALL INSTALLATIONS ALL SIGNS HAVE: -DEDICATED BRANCH CIRCUITS -THREE WIRES: LINE, NEUTRAL & GROUND -WIRE SIZE: MINIMUM 12 GAUGE THN COPPER ALSO NOTE; GAUGE OF COPPER IS DETERMINED BY THE LENGTH OF RUN & AMPERAGE AS PER NEC ARTICLE 300. - GROUND WIRE MUST BE CONTINUOUS AND GO FROM THE SIGN TO THE PANEL BOARD GROUND BUS -VOLTAGE SHOULD READ NO MORE THAN (3) VOLTS BETWEEN GROUND AND NEUTRAL - CONDUIT CAN NOT BE USED AS A GROUND PATH.ELECTRICAL 120V COLOR KEY SIGN TO ATTACH WITH 3/8" LAG BOLTS B3 5.1.13 WAMREVISE QTY. 5.6.13 WAMREVISE QTY., DIMENSIONS 16'-7 5/8" DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ MONUMENT R3 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/4"=1'-0" COPPELL, TX CLA-TXxxx-02 BORAL CULTURED STONE - COBBLEFIELD “TEXAS CREAM” MASONRY BORAL CULTURED STONE COBBLEFIELD “TEXAS CREAM” ALUMINUM PANEL PAINTED WHITE C 10'-0"6'-0"D/F HALO ILLUMINATED MONUMENT SIGN 60 SQ. FT. (1) REQUIRED END VIEW CULTURED STONE CORNICE TO MATCH ARCHITECTURE CULTURED STONE CAP TO MATCH ARCHITECTURE ALUMINUM PANEL PAINTED WHITE 5.2.13 WAMREVISE BOTTOM PANEL LAYOUT 5.6.13 WAMREVISE MATERIAL, CONSTRUCTION 5.7.13 WAMREVISE TRIM MATERIAL - CULTURED STONE 1'-2" 3" 3" 1 1/2" 1 1/2" REVERSE CHANNEL LETTERS 3" DEPTH, MOUNT 1 1/2" FROM ALUMINUM PANEL REVERSE CHANNEL LETTERS 3" DEPTH, MOUNT 1 1/2" FROM ALUMINUM PANEL REVERSE CHANNEL LETTERS 1 1/2" DEPTH, MOUNT 1 1/2" FROM ALUMINUM PANEL ALUMINUM PANEL PAINTED WHITE8"1'-2 3/4"4 7/8" Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1142 File ID: Type: Status: 2013-1142 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 06/24/2013File Created: 07/09/2013Final Action: PD-262-H, ORD Old Town Coppell Deli, Lot 1, Blk AFile Name: Title: Consider approval of an Ordinance for Case No. PD-262-H, Old Town Coppell Deli, Lot 1, Block A, a zoning change from H (Historic) to PD-262-H (Planned Development-262-Historic), to demolish the existing restaurant and to establish a Detail Site Plan for the proposed 1,995-square-foot restaurant/convenience store with a 850-square-foot patio on 9,481 square feet of property located at 449 W. Bethel Road and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2013 Agenda Number: 12. Sponsors: Enactment Date: 07/09/2013 Cover Memo.pdf, Ordinance.pdf, Exhibit A- Legal Description.pdf, Exhibit B- Site-Floor Plan.pdf, Exhibit C- Landscape Plan (2 Pages).pdf, Exhibit D- Elevations.pdf Attachments: Enactment Number: 91500-A-630 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved07/09/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Wes Mays, that this Zoning Ordinance be approved. The motion passed with Councilmember Aaron Duncan voting against the item. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, and Councilmember Marvin Franklin 6Aye: Councilmember Aaron Duncan1Nay: Text of Legislative File 2013-1142 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1142) Title Consider approval of an Ordinance for Case No. PD-262-H, Old Town Coppell Deli, Lot 1, Block A, a zoning change from H (Historic) to PD-262-H (Planned Development-262-Historic), to demolish the existing restaurant and to establish a Detail Site Plan for the proposed 1,995-square-foot restaurant/convenience store with a 850-square-foot patio on 9,481 square feet of property located at 449 W. Bethel Road and authorizing the Mayor to sign. Summary Staff Recommendation: On June 11, 2013, City Council approved this ZONING CHANGE (6-1). On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE(5-0). Commissioners Goodale, Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Sense of Community Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc This PD square-fo located a Analysis On June On May this reque Legal Re The City Fiscal Im None Recomm The Plan Attachm Ordinanc Mayo Gary L July 9 ce: Ordin Busin ction: will allow oot restauran at 449 W. Be s: 11, 2013, Ci 16, 2013, th est. eview: Attorney re mpact: mendation: nning Depart ments: ce with Exhi r and City C L. Sieb, Dire 9, 2013 nance for PD ness Prosper the demolit nt/convenien ethel Road. ity Council a he Planning eviewed and tment recom ibits MEM Council ector of Plan -262-H, Old rity, Sense o tion of the e nce store wit approved thi & Zoning C approved th mmends Appr 1 MORANDU nning d Town Copp of Commun existing rest th an 850-sq is PD amend Commission his Ordinanc roval UM pell Deli, Lo nity taurant and quare-foot pa dment (6-1) unanimousl e ot 1, Block A the construc atio on 0.23 . ly recomme A, ction of a 1 acre of pro nded approv ,995- operty val of 1 TM 61235 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM H (HISTORIC) TO PD-262- H (PLANNED DEVELOPMENT-262-HISTORIC), TO DEMOLISH THE EXISTING RESTAURANT AND TO ESTABLISH A DETAIL SITE PLAN FOR THE PROPOSED 1,995-SQUARE-FOOT RESTAURANT/ CONVENIENCE STORE WITH A 850-SQUARE-FOOT PATIO ON 9,481 SQUARE FEET OF PROPERTY LOCATED AT 449 W. BETHEL ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE/FLOOR PLAN, LANDSCAPE PLAN, AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, “C”, AND “D”; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD- 262- H should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from H (Historic) to PD-262-H (Planned Development-262-Historic), to demolish the existing structure and to permit the construction of restaurant/convenience store uses for a proposed 1,995-square-foot 2 TM 61235 enclosed structure with a 850-square-foot patio on 9,481 square feet of property located at 449 W. Bethel Road, provided for in a detailed Site Plan as depicted on Site/Floor Plan as set forth Exhibit B, on 3.9 acres of property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-262-H (Planned Development-262-Historic) is hereby approved subject to the following development regulations: A) Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance with H, Historic District, as set forth in Ordinance No. 91500-A-564 [codified in Chapter 12, Article 28A], which is incorporated herein as set forth in full and hereby republished. B) The development of said use and structure as restaurant and convenience store shall be in accordance with the Site/Floor Plan, Landscape Plan, and Elevations as set forth in Section 3 of this ordinance. C) 9’ x 17’ parking spaces with 1’ overhang shall be allowed in lieu of 9’x17’ parking spaces with 2’ overhang as depicted on the Site/Floor Plan, Exhibit “B”. D) On the south property line adjacent to a residential land use, a 6’ board on board cedar fence with a trim cap shall be permitted in lieu of the required masonry wall as depicted on Exhibit “B”, Site/Floor Plan. E) An exterior window treatment [replica of Coppell Deli awning] shall, as indicated on Exhibit “C” be constructed and maintained on the west elevation. F) An eight-foot wide sidewalk shall be provided adjacent to Bethel Road within a sidewalk easement. 3 TM 61235 G) The Planning Director in conjunction with the municipal solid waste provider for waste collection shall approve both location and servicing times. H) All mechanical equipment shall be screened from view from public rights-of-way. I) The Director of Planning, or his designee, shall have the authority to administratively approve the proposed blade signage for this restaurant in accordance with the Historic District regulations as adopted in the Code of Ordinances prior to the issuance of a sign permit. J) The property owner shall be responsible for the installation, irrigation and maintenance of all landscaping located onsite and within the rights-of-way of Burnet St., West Bethel Road and South Coppell Road as depicted on the Landscape Plan, Exhibit “C”, as provided under a license agreement with the City of Coppell. K) The hours of operation shall be between the hours of 6 a.m. to 12 a.m. L) Compliance with other applicable ordinances or state law for the use described herein. M) The on-site and on-street parking are allowed to fulfill the parking requirements as depicted on the Site/Floor Plan, Exhibit “B”, with 16 parking spaces on-site, 8 parking spaces on the east side of Burnet Street, and 3 parallel parking spaces on the south side of W Bethel Road. SECTION 3. That Site/Floor Plan, Landscape Plan and Elevations attached hereto as Exhibits “B”, “C” and “D” made a part hereof for all purposes, are hereby approved 4 TM 61235 SECTION 4. That the property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; 5 TM 61235 and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013. APPROVED: _____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) Legal Description Exhibit “A” 0'9/':+%14+8'441%- -1 -1 -1 -1 -1 415'/#4; %14#.$'44; /':+%#0('#6*'4)4#55 &'5'469+..19 5#.8+#)4'))+2+0- $17.&'4 .+0&*'+/'4/7*.; 415'/#4; /':+%#0('#6*'4)4#55 -01%-176415'2+0- $'4/7&# )4#55674( $'4/7&# )4#55674( 5*7/#4&4'&1#- $'4/7&# )4#55674( .+4+12'1% .+4+12'1% 8+5+$+.+6; 64+#0).' (174 0'48'&#+5; .+4+12' %'&#4'./ 4116$#44+'4 5''&'6#+. 4116$#44+'4 5''&'6#+. ;#7210*1..; 5*7/#4& 4'&1#- %'&#4'./ .+4+12' 2+0-5-7..%#2 ':+56+0)%'&#4 './61$' 4'/18'& ;#7210*1..; 2412'46;.+0' $'4/7&#674()4#55 8+5+$+.+6;64+#0).'8+5+$+.+6;64+#0).' %10%4'6'5+&'9#.-('.&/#0&'5+)0567&+15LANDSCAPE PLANNEW COPPELL DELI449 BETHEL ROADCOPELL, TEXASSHEET NO.21$QZ4KEJCTFUQP6GZCU2JQPGÁ(CZÁKPHQ"HGNFOCPFGUKIPEQOScale: 1" = 10' PLANTING PLAN Jurisdiction of Project Owner & Professionals Information OWNER ARCHITECT GARY D. LAND DALLAS, TEXAS 214-335-5263 LANDSCAPE ARCHITECT CAROL FELDMAN FELDMAN DESIGN STUDIOS P.O. BOX 832346 RICHARDSON, TEXAS 75083 972.980.1730 Landscaping Requirements Irrigation Requirements Site Location DRAWING KEY PLANT & MATERIAL LIST REGULATORY AUTHORITIES: CITY OF COPPELL PLANNING & ZONING 255 PARKWAY BLVD. PO BOX 9478 COPPELL, TX 75019 972 304-7092 TEXAS DEPARTMENT OF LICENSING AND REGULATION ELIMINATION OF ARCHITECTURAL BARRIERS E.O. THOMPSON STATE OFFICE BUILDING 920 COLORADO AUSTIN, TEXAS 78701 (512) 463-3211 (512) 475-2886 (FAX) CITY OF COPPELL LANDSCAPE REQUIREMENTS ARTICLE 34. LANDSCAPE REGULATIONS A. INTERIOR PARKING 1. 10% OF TOTAL PARKING (4,400 SF) IN LANDSCAPING. REQUIRED: 440 SF. PROVIDED: 177 SF. 2. 1 TREE PER 400 SF OF REQUIRED LANDSCAPING REQUIRED: 1 TREES PROVIDED: 1 TREES B. PERIMETER LANDSCAPING 1. 15' ADJACENT TO STREET PROPERTY LINES + 10' ADJACENT TO INTERIOR PROPERTY LINES REQUIRED: 4,735 SF PROVIDED: 2,149 SF 2. SCREENING OF OFF STREET PARKING BURNETT ST: LIVING BARRIER PROVIDED 3. 1 TREE PER 50 LIN FT. BURNETT ST. (82 LF) BETHEL ST. (130 LF) SO. COPPELL RD (40 LF) TOTAL = 252 LF REQUIRED: 5 TREES PROVIDED: 6 TREES (4 ARE IN R.O.W.) C. LANDSCAPING OF NON-VEHICULAR SPACE (6,636 SF) 1. FEATURE LANDSCAPING -15% OF NON-VEHICULAR SITE MINUS BLDGS. REQUIRED: 995 SF PROVIDED: 1084 SF (PARTIALLY LOCATED IN R.O.W.) 2. TREE COVERAGE 30-49% OF NON VEHICULAR SITE - 1 TREE PER 3,000 SF REQUIRED: 3 TREES PROVIDED: 6 TREES (4 ARE IN R.O.W.) D. LANDSCAPE DOES NOT OBSTRUCT TRAFFIC VISIBILITY. E. NO EXISTING TREES ON SITE. NOTE: CLIENT IS CONTRIBUTING STREET LANDSCAPING TOWARD REQUIRED LANDSCAPING. TOTAL LANDSCAPE CONTRIBUTED: 1430 S.F. UNDERGROUND AUTOMATIC SPRINKLING SYSTEM PROVIDED. SYSTEM DESIGNED AND INSTALLED ACCORDING TO TCEQ LAWS AND REGULATIONS PROVIDING FOR 100% COVERAGE ON ALL LANDSCAPE AND TURF. THE SYSTEM SHALL INCLUDE A FREEZE-RAIN SENSOR. 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':+56+0))4#&' 5*4'&&'&/7.%* ':+56+0)51+. 64''2.#06+0) (14/5#7%'49+6* ':+56+0)61251+. 411656#2.'5''2.#08+'9&'6#+. Á67$7.#456''. 9'.& 24+/' 2#+06#..('0%'/'/$'45 :67$7.#456''. :67$7.#456''.6;2 )4#&' %10%4'6'(116+0)6;2 &+#/'6'4&'26*Á/+0 %1/2#%6'&57$)4#&'Á016'24+/' 2#+06 $.#%-%1.14 016'/#:&4122'4.+0 (661#%%1//1&#6')4#&' %*#0)'5 Á6;2 016'6;2+%#.21.'52#%+0)ÁÁ1% 911&61$'9'56'40%'&#4 Á2156$4#%-'66;2 Z4#+. )#.8#0+<'& /'6#.2156 Z*'#&'4$1#4& Z564+0)'4$1#4& Z2+%-'65ÁÁ 18'4.#2 %10%4'6'14/+01(21.'.'0)6*Z564+0)'4$1#4& Z4#+. Z4#+. Z4#+. :*'#&'4 18'4.#21(:2+%-'65 :56+4+0)'4 /#:)4#&'%*#0)'2'4.+0(6Á('.&/#0&'5+)0567&+15LANDSCAPE DETAILSSHEET NO.21$QZ4KEJCTFUQP6GZCU2JQPGÁ(CZÁKPHQ"HGNFOCPFGUKIPEQOScale: 3/8" = 1' ROOT BARRIER DETAIL1 Scale: 1/2" = 1' TREE STAPLE DETAIL3 Not to Scale TREE PLANTING2 Not to Scale PLANTING DETAILS4 NEW COPPELL DELI449 BETHEL ROADCOPELL, TEXASScale: 1/2" = 1' WOOD FENCE DETAILS6 Scale: 1/2" = 1' IRON FENCE DETAILS5 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1159 File ID: Type: Status: 2013-1159 Presentation Presented 1Version: Reference: In Control: Administration 07/01/2013File Created: 07/09/2013Final Action: CRDC Re-AuthorizationFile Name: Title: PUBLIC HEARING: Presentation of the recommendations from the CRDC Reauthorization Committee. Notes: Agenda Date: 07/09/2013 Agenda Number: 13. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassPresented07/09/2013City Council Presentation: Ed Guignon, CRDC Half-Cent Sales Tax Reauthorization Committee Chair, made a presentation to Council regarding the committee's recommendation for the November Election. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Council made some recommendations for the committee to go back and reconsider. Action Text: Text of Legislative File 2013-1159 Title PUBLIC HEARING: Presentation of the recommendations from the CRDC Reauthorization Committee. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1159) Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1149 File ID: Type: Status: 2013-1149 Resolution Passed 1Version: Reference: In Control: Police 06/26/2013File Created: 07/09/2013Final Action: Consolidated Public safety dispatch centerFile Name: Title: Consider approval of a Resolution authorizing and directing the City Manager to negotiate an Interlocal Agreement with the Town of Addison, City of Carrollton, and the City of Farmers Branch regarding the construction, management and operation of a consolidated public safety dispatch center; and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2013 Agenda Number: 14. Sponsors: Enactment Date: Memo.pdf, Resolution.pdfAttachments: Enactment Number: 2013-070913.1 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved07/09/2013City Council Presentation: Police Chief Mac Tristan made a presentation to Council. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, that this Resolution be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1149 Title Consider approval of a Resolution authorizing and directing the City Manager to negotiate an Interlocal Agreement with the Town of Addison, City of Carrollton, and the City of Farmers Branch regarding the construction, management and operation of a consolidated public safety dispatch center; and authorizing the Mayor to sign. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1149) Summary Fiscal Impact: Staff Recommendation: Approval Recommended Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Mac Tristan, Chief of Police Date: June 11, 2012 Reference: Resolution authorizing and directing the city manager to negotiate an Interlocal Agreement with the Town of Addison, City of Carrollton, and the City of Farmers Branch regarding the construction, management and operation of a consolidated public safety dispatch center. 2030: Coppell 2030, Healthy Neighborhoods Introduction: In September 2010, The City of Coppell joined The City of Carrollton, The Town of Addison and The City of Farmers Branch in conducting a feasibility study to determine the possibility of creating one Public Safety Dispatch Center for all 4 cities. The primary purpose was to find ways to share and combine services in order to eliminate duplication, reduce costs and improve services for citizens. The study has taken many turns due to the complicated nature of the project, but has recently concluded that a combined public safety dispatch center would meet the goals listed above. City Council has been kept informed with several updates over the last two and a half years. The Public Safety Radio system project (which was approved by Council on June 11, 2013) and the consolidation study are linked as the radio equipment used by the dispatch centers will have to be installed in one center or four different centers. In order to finalize the design of the radio system and maximize the potential cost savings, it is essential to know how many 911 dispatch centers (PSAP's) are needed. Installing one dispatch center will bring significant savings for all four cities. Analysis: The feasibility study indicates a clear cost savings over the next 20 years for each city as well as improved delivery of service to our citizens. We are now at a point where the four city managers need to start negotiating cost that will include a facility to house the center and all of the equipment and personnel necessary to run the center. All four cities are asking that each council pass a Resolution authorizing the city manager to negotiate an interlocal agreement with the other three cities for the construction, management, and operation of a consolidated dispatch center. This action is necessary as it will determine the final cost of this initiative. Fiscal Impact: There is no fiscal impact of the Resolution. The purpose of the Resolution is to determine the final cost of a Combined Dispatch Center for each city. 2 Legal Review: Agenda item was reviewed by Robert Hager on June 4, 2013. Recommendation: Consolidated dispatch centers have proven to provide cost savings and increase efficiency and effectiveness across the country. Consolidation streamlines the activities of a 911 services and eliminates duplication and redundancy. Some of the largest and most critical advantages include the ability to seamlessly talk to surrounding emergency personnel and assuring that the most expedient police/fire/EMS unit is directed to emergency situations. Therefore, staff recommends that the City Council direct the City Manager to move forward to consolidate dispatch services with the cities of Carrollton, Coppell, and Addison. TM 61277 RESOLUTION NO. _______________ A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF COPPELL, TEXAS, TO NEGOTIATE AN INTERLOCAL AGREEMENT WITH THE TOWN OF ADDISON, CITY OF CARROLLTON, AND CITY OF FARMERS BRANCH REGARDING THE CONSTRUCTION, MANAGEMENT, AND OPERATION OF A CONSOLIDATED PUBLIC SAFETY DISPATCH CENTER WHEREAS, the City of Coppell, the City of Farmers Branch, the City of Carrollton, and the Town of Addison are neighboring municipalities who each provide health and public safety services to their citizens and inhabitants, including police protection, fire protection, and emergency medical services (collectively Addison, Carrollton, Coppell and Farmers Branch referred to hereafter as the “Metrocrest Cities”); and WHEREAS, a public safety communication system (the “System”) is integral to and a necessary part of the ability of the Metrocrest Cities to provide public health and safety services, through such System which will enhance the public health, safety and welfare; and WHEREAS, the Metrocrest Cities are presently engaged in purchasing a new System that will be used by and serve all four of the Metrocrest Cities; and WHEREAS, the Metrocrest Cities jointly commissioned iXP Corporation to prepare a study regarding the method of public safety dispatching conducted by each of the Metrocrest Cities, and the options, advantages, and disadvantages to consolidating the public safety dispatch operations of the Metrocrest Cities into a single consolidated public safety dispatch center (the “System Study”); and WHEREAS, the findings of the System Study indicate that the operation by the Metrocrest Cities of a consolidated public safety dispatch center will result in significant efficiencies and savings in both human and financial resources; and, to allow for a higher level of coordination of public safety services within the Metrocrest Cities that will enhance to safety of residents and other inhabitants of each of the Metrocrest Cities; and WHEREAS, having received and considered the System Study and the recommendations of City Administration, the City Council of the City of Coppell finds that a consolidated public safety dispatch center operated in cooperation with the other Metrocrest Cities would be in the best interest of the public health and safety of the residents, businesses, and other inhabitants of the City of Coppell. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS THAT: TM 61277 Section 1. The City Manager is hereby authorized to negotiate an interlocal agreement with the Town of Addison, City of Carrollton, and City of Farmers Branch with respect to the construction, operation, and management of a consolidated public safety dispatch center. Section 2. This resolution shall become effective from and after its passage. DULY PASSED and approved by the City Council of the City of Coppell, Texas on this the _____ day of _________, 2013. CITY OF COPPELL, TEXAS _________________________ Karen Selbo Hunt, Mayor ATTEST: _____________________________ Christel Pettinos, City Secretary APPROVED AS TO FORM: ________________________, City Attorney Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1156 File ID: Type: Status: 2013-1156 Ordinance Passed 1Version: Reference: In Control: Finance 07/01/2013File Created: 07/09/2013Final Action: Comb. Tax and Limited Surplus Revenue CertificatesFile Name: Title: Consider approval of an Ordinance authorizing the issuance and sale of City of Coppell, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2013; levying an annual ad valorem tax and providing for the payment of said certificates; approving an official statement; providing an effective date; enacting other provisions relating to the subject, and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2013 Agenda Number: 15. Sponsors: Enactment Date: 07/09/2013 Cover Memo.pdf, Ordinance.pdf, Moodys Ratings Letter.pdf, S&P Ratings Report.pdf Attachments: Enactment Number: ORD 2013-1346 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved07/09/2013City Council Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Mrs. Miller also introduced Boyd London, FirstSouthwest, to make a presentation to Council. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Bob Mahalik, that this Ordinance be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1156 Title Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1156) Consider approval of an Ordinance authorizing the issuance and sale of City of Coppell, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2013; levying an annual ad valorem tax and providing for the payment of said certificates; approving an official statement; providing an effective date; enacting other provisions relating to the subject, and authorizing the Mayor to sign. Summary See attached memorandum. Fiscal Impact: The impact of this bond sale will be incorporated in the Debt Service Tax Rate. Staff Recommendation: The Finance Department recommends approval Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: July 9, 2013 Reference: Consider approval of an ordinance authorizing the issuance of Certificates of Obligation in the maximum amount of $9,900,000 for street projects 2030: Sustainable City Government Introduction: This item is being presented for approval of issuance and sale of Certificates of Obligation to construct and improve streets and other related legal, fiscal, engineering and architectural fees related to these projects. The street projects include Bethel Road II, Freeport Parkway, W. Sandy Lake Road and the related bond issuance costs. The maximum amount of Certificates of Obligation that may be authorized for the above described projects is $9,900,000. Analysis: State law requires the approval of this Ordinance prior to the sale of the Certificates of Obligation. The projects to be funded with these bond proceeds are broken down below for your review. Bethel Road II $3,485,000 Freeport Pkwy 2,200,000 W. Sandy Lake Rd 3,840,000 Bond Issuance Costs 375,000 Total $9,900,000 2 Legal Review: The related bond issuance and sale documents have been prepared by Leroy Grawunder, the City of Coppell’s bond attorney. Fiscal Impact: The impact of this bond sale will be incorporated in the City’s Debt Service Tax Rate. Recommendation: The Finance Department recommends approval of this Ordinance. ORDINANCE NO. ____________ AUTHORIZING THE ISSUANCE AND SALE OF CITY OF COPPELL, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES; APPROVING AN OFFICIAL STATEMENT; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT THE STATE OF TEXAS § COUNTIES OF DALLAS AND DENTON § CITY OF COPPELL § WHEREAS, the City Council of the City of Coppell, Texas, deems it advisable to issue Certificates of Obligation in the amount of $9,900,000 for the purposes hereinafter set forth; and WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be issued and delivered for cash pursuant to Subchapter C of Chapter 271, Local Government Code and Subchapter B, Chapter 1502, Government Code; and WHEREAS, the City Council has heretofore passed a resolution authorizing and directing the City Secretary to give notice of intention to issue Certificates of Obligation, and said notice has been duly published in a newspaper of general circulation in said City, said newspaper being a "newspaper" as defined in §2051.044, Texas Government Code; and WHEREAS, the City received no petition from the qualified electors of the City protesting the issuance of such Certificates of Obligation; and WHEREAS, it is officially found, determined, and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required by the applicable provisions of Tex. Gov't Code Ann. ch. 551; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. RECITALS, AMOUNT AND PURPOSE OF THE CERTIFICATES. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. The certificates of the City of Coppell, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $9,900,000 for paying all or a portion of the Issuer's contractual obligations to be incurred in connection with: (i) constructing and improving streets and roads including related drainage, signalization, landscaping, lighting, utility relocation and replacement, on street parking, bridges and signage, and acquisition of land and interests in land for such projects; and (ii) paying legal, fiscal, engineering and architectural fees in connection with these projects (collectively, the "Projects"). Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURITIES AND INTEREST RATES OF CERTIFICATES. Each certificate issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 2013," and initially there shall be issued, sold, and delivered hereunder one fully registered certificate, without interest coupons, dated July 1, 2013, in the principal amount stated above and in the denominations hereinafter stated, numbered T-1, with certificates issued in replacement thereof being in the denominations and principal amounts hereinafter stated and numbered 2 consecutively from R-1 upward, payable to the respective Registered Owners thereof (with the initial certificate being made payable to the initial purchaser as described in Section 10 hereof), or to the registered assignee or assignees of said certificates or any portion or portions thereof (in each case, the "Registered Owner"), and said certificates shall mature and be payable serially on February 1 in each of the years and in the principal amounts, respectively, and shall bear interest from the dates set forth in the FORM OF CERTIFICATE set forth in Section 4 of this Ordinance to their respective dates of maturity or redemption prior to maturity at the rates per annum, as set forth in the following schedule: Years Principal Amount Interest Rates Years Principal Amount Interest Rates 2014 $ 350,000 2024 $ 510,000 2015 345,000 2025 525,000 2016 355,000 2026 540,000 2017 370,000 2027 555,000 2018 385,000 2028 575,000 2019 400,000 2029 595,000 2020 420,000 2030 610,000 2021 445,000 2031 630,000 2022 465,000 2032 655,000 2023 490,000 2033 680,000 The term "Certificates" as used in this Ordinance shall mean and include collectively the certificates initially issued and delivered pursuant to this Ordinance and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates. Section 3. CHARACTERISTICS OF THE CERTIFICATES. (a) Appointment of Paying Agent/Registrar. The Issuer hereby appoints U.S. Bank National Association, Dallas, Texas, to serve as paying agent and registrar for the Certificates (the "Paying Agent/Registrar"). The Mayor or City Manager is authorized and directed to execute and deliver in the name and under the corporate seal and on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying Agent/Registrar in substantially the form presented at this meeting. (b) Registration, Transfer, Conversion and Exchange. The Issuer shall keep or cause to be kept at the corporate trust office of the Paying Agent/Registrar books or records for the registration of the transfer, conversion and exchange of the Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided within three days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection 3 by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of Certificates shall be made in the manner provided and with the effect stated in the FORM OF CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. (c) Authentication. Except as provided in subsection (i) of this section, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign said Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all paid Certificates and Certificates surrendered for conversion and exchange. No additional ordinances, orders or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution and delivery of the substitute Certificates in the manner prescribed herein. Pursuant to Subchapter D, Chapter 1201, Texas Government Code, the duty of conversion and exchange of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the converted and exchanged Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (d) Payment of Principal and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges of Certificates, and all replacements of Certificates, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. (e) Payment to Registered Owner. Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate is registered in the Registration Books as the absolute owner of such Certificate for the purpose of payment of principal and interest with respect to such Certificate, for the purpose of registering transfers with respect to such Certificate, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Certificates only to or upon the order of the registered owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and interest on the Certificates to the extent of the sum or sums so paid. No person other than a registered owner, as shown in the Registration Books, shall receive a Certificate certificate evidencing the obligation of the Issuer to make payments of principal and interest pursuant to this Ordinance. (f) Paying Agent/Registrar. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution or other agency to act as and perform the services of Paying 4 Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. (g) Substitute Paying Agent/Registrar. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. (g) Book-Entry Only System. The Certificates issued in exchange for the Certificates initially issued to the purchaser or purchasers specified herein shall be initially issued in the form of a separate single fully registered Certificate for each of the maturities thereof and the ownership of each such Certificate shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC"), and except as provided in subsections (i) and (j) of this Section, all of the outstanding Certificates shall be registered in the name of Cede & Co., as nominee of DTC. (h) Blanket Letter of Representations. The previous execution and delivery of the Blanket Letter of Representations with respect to obligations of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully applicable to the Certificates. Notwithstanding anything to the contrary contained herein, while the Certificates are subject to DTC's Book-Entry Only System and to the extent permitted by law, the Letter of Representations is hereby incorporated herein and its provisions shall prevail over any other provisions of this Ordinance in the event of conflict. (i) Certificates Registered in the Name of Cede & Co. With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Certificates. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC Participant or any other person, other than a registered owner of Certificates, as shown on the Registration Books, of any notice with respect to the Certificates, or (iii) the payment to any DTC Participant or any other person, other than a registered owner of Certificates, as shown in the Registration Books of any amount with respect to principal of or interest on the Certificates. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the registered owner at the close of business on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. 5 (j) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of the Certificates that they be able to obtain certificated Certificates, the Issuer shall (i) appoint a successor securities depository, qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Certificates to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Certificates and transfer one or more separate Certificates to DTC Participants having Certificates credited to their DTC accounts. In such event, the Certificates shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names registered owners transferring or exchanging Certificates shall designate, in accordance with the provisions of this Ordinance. (k) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificate is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, in the manner provided in the representation letter of the Issuer to DTC. (l) General Characteristics of the Certificates. The Certificates (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the Registered Owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Certificates, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Certificates shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Certificates, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF CERTIFICATE set forth in this Ordinance. The Certificates initially issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for any Certificate or Certificates issued under this Ordinance the Paying Agent/Registrar shall execute the Paying Agent/registrar's Authentication Certificate, in the FORM OF CERTIFICATE set forth in this Ordinance. (m) Cancellation of Initial Certificate. On the closing date, one initial Certificate representing the entire principal amount of the Certificates, payable in stated installments to the order of the initial purchaser of the Certificates or its designee, executed by manual or facsimile signature of the Mayor and City Secretary, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered to such purchaser or its designee. Upon payment for the initial Certificate, the Paying Agent/Registrar shall insert the Issuance Date on Certificate No. T-1, cancel each of the initial Certificates and deliver to The Depository Trust Company ("DTC") on behalf of such purchaser one registered definitive Certificate for each year of maturity of the Certificates, in the aggregate principal amount of all of the Certificates for such maturity, registered in the name of Cede & Co., as nominee of DTC. To the extent that the Paying Agent/Registrar is eligible to participate in DTC's FAST System, pursuant to an agreement between the Paying Agent/Registrar and DTC, the Paying Agent/Registrar shall hold the definitive Certificates in safekeeping for DTC. Section 4. FORM OF CERTIFICATES. The form of the Certificates, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issued 6 and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance. (a) Form of Certificate. NO. R-UNITED STATES OF AMERICA STATE OF TEXAS PRINCIPAL AMOUNT $_________ CITY OF COPPELL, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION SERIES 2013 Interest Rate Delivery Date Maturity Date CUSIP No. ___________, 2013 February 1, ____ REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, the City of Coppell, in Dallas and Denton Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on the Maturity Date specified above, the Principal Amount specified above. The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of twelve 30-day months) from the Delivery Date specified above at the Interest Rate per annum specified above. Interest is payable on February 1, 2014, and semiannually on each August 1 and February 1 thereafter to the Maturity Date specified above, or the date of redemption prior to maturity; except, if this Certificate is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of U.S. Bank National Association, Dallas, Texas, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth day of the month preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, 7 interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each owner of a Certificate appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Certificate for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of a series of Certificates dated July 1, 2013, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $9,900,000 for paying all or a portion of the Issuer's contractual obligations to be incurred in connection with constructing and improving streets and roads including related drainage, signalization, landscaping, lighting, utility relocation and replacement, on street parking, bridges and signage, and acquisition of land and interests in land for such projects; and paying legal, fiscal, engineering and architectural fees in connection with these projects. ON FEBRUARY 1, 2023, or any date thereafter, the certificates of this series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Certificates, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at a redemption price equal to the principal amount to be redeemed plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Certificates or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the registered owner of each Certificate to be redeemed at its address as it appeared on the on the 45th day prior to such redemption date; provided, however, that the failure of the registered owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof that are to be so redeemed. If such written notice of redemption is sent and if due provision for such payment is made, all as provided above, the Certificates or portions thereof that are 8 to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate shall be redeemed, a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance. IF AT THE TIME OF MAILING of notice of optional redemption there shall not have either been deposited with the Paying Agent/Registrar or legally authorized escrow agent immediately available funds sufficient to redeem all the Certificates called for redemption, such notice may state that it is conditional, and is subject to the deposit of the redemption moneys with the Paying Agent/Registrar or legally authorized escrow agent at or prior to the redemption date, and such notice shall be of no effect unless such moneys are so deposited on or prior to the redemption date. If such redemption is not effectuated, the Paying Agent/Registrar shall, within five days thereafter, give notice in the manner in which the notice of redemption was given that such moneys were not so received and shall rescind the redemption. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Certificate may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any portion or portions hereof from time to time by the registered owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Certificate or portion thereof will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates. 9 IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Certificate have been performed, existed and been done in accordance with law; that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this Certificate is additionally secured by and payable from a limited pledge of the Surplus Revenues of the Issuer's waterworks and sewer system remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the Issuer's revenue bonds or other obligations (now or hereafter outstanding) which are payable from all or any part of the net revenues of the Issuer's waterworks and sewer system, all as provided in the Certificate Ordinance. THE ISSUER HAS RESERVED THE RIGHT to amend the Certificate Ordinance as provided therein, and under some (but not all) circumstances amendments thereto must be approved by the registered owners of a majority in aggregate principal amount of the outstanding Certificates. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual or facsimile signature of the Mayor of the Issuer (or in the Mayor's absence, by the Major Pro Tem) and countersigned with the manual or facsimile signature of the City Secretary of said Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate. (signature)(signature) City Secretary Mayor (SEAL) (b) Form of Paying Agent/Registrar's Authentication Certificate. PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Certificate is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described in the text of this Certificate; and that this Certificate has been issued in conversion or replacement of, or in exchange for, a certificate, certificates, or a portion of a certificate or certificates of a series that originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: . U.S. Bank National Association Dallas, Texas Paying Agent/Registrar 10 By: Authorized Representative (c) Form of Assignment. ASSIGNMENT Please print or type clearly For value received, the undersigned hereby sells, assigns and transfers unto: Transferee's Social Security or Taxpayer Identification Number: Transferee's name and address, including zip code: the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. Dated: . Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a securities transfer association recognized signature guarantee program. NOTICE: The signature above must correspond with the name of the registered owner as it appears upon the front of this Certificate in every particular, without alteration or enlargement or any change whatsoever. (d) Form of Registration Certificate of the Comptroller of Public Accounts. COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this . Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) 11 (e) Initial Certificate Insertions. (i) The initial Certificate shall be in the form set forth is paragraph (a) of this Section, except that: A. immediately under the name of the Certificate, the headings "Interest Rate" and "Maturity Date" shall both be completed with the words "As shown below" and "CUSIP No. _____" shall be deleted. B. the first paragraph shall be deleted and the following will be inserted: "THE CITY OF COPPELL, TEXAS, in Dallas and Denton Counties and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on February 1 in each of the years, in the principal installments and bearing interest at the per annum rates set forth in the following schedule: Years Principal Installments Interest Rates (Information from Section 2 to be inserted) The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360- day year of twelve 30-day months) from the Delivery Date specified above, at the respective Interest Rate per annum specified above. Interest is payable on February 1, 2014, and semiannually on each August 1 and February 1 thereafter to the date of payment of the principal installment specified above, or the date of redemption prior to maturity; except, that if this Certificate is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full." C. The Initial Certificate shall be numbered "T-1." Section 5. INTEREST AND SINKING FUND; SURPLUS REVENUES. (a) A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the interest on and principal of said Certificates. All amounts received from the sale of the Certificates as accrued interest shall be deposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied and collected for and on account of said Certificates shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Certificates are outstanding and unpaid, the governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required to pay the interest on said Certificates as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said Certificates as such principal matures (but never less than 2% of the original amount of said Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being made for tax 12 delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year while any of said Certificates are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. (b) The Certificates are additionally secured by revenues of the Issuer's waterworks and sewer system that remain after the payment of all maintenance and operation expenses thereof, and all debt service, reserve and other requirements in connection with all of the Issuer's revenue obligations (now or hereafter outstanding) which are payable from all or any part of the net revenues of the Issuer's waterworks and sewer system, constituting "Surplus Revenues", not to exceed $1,000. The Issuer shall deposit such Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to this Section, to the extent necessary to pay the principal and interest on the Certificates. If Surplus Revenues or other lawfully available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that otherwise would have been required to be levied pursuant to subsection (a) of this Section may be reduced to the extent and by the amount of the Surplus Revenues or other lawfully available funds then on deposit in the Interest and Sinking Fund. (c) Article 1208, Government Code, applies to the issuance of the Certificates and the pledge of the taxes and Surplus Revenues granted by the Issuer under this Section and Section 9, respectively, and is therefore valid, effective, and perfected. Should Texas law be amended at any time while the Certificates are outstanding and unpaid, the result of such amendment being that the pledge of the taxes and Surplus Revenues granted by the Issuer under this Section and Section 9, respectively, is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the registered owners of the Certificates a security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge to occur. Section 6. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Certificates that is made in conjunction with the payment arrangements specified in subsection 6(a)(i) or (ii) shall not be irrevocable, provided that: (1) in the 13 proceedings providing for such payment arrangements, the Issuer expressly reserves the right to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Certificates may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection 6(a)(i) or (ii). All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Certificates, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) The term "Defeasance Securities" means any securities and obligations now or hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations such as the Certificates. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. (e) In the event that the Issuer elects to defease less than all of the principal amount of Certificates of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Certificates by such random method as it deems fair and appropriate. Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new certificate of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Application for Replacement Certificates. Application for replacement of damaged, mutilated, lost, stolen or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a Certificate, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this , in the event any such Certificate shall have matured, and no default has occurred that is then continuing in the payment of the 14 principal of, redemption premium, if any, or interest on the Certificate, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authority for Issuing Replacement Certificates. In accordance with Sec. 1206.022, Government Code, this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 3(a) of this Ordinance for Certificates issued in conversion and exchange for other Certificates. Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED; ENGAGEMENT OF BOND COUNSEL. (a) The Mayor of the Issuer is hereby authorized to have control of the Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Certificates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Certificates issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. In addition, if bond insurance is obtained, the Certificates may bear an appropriate legend as provided by the insurer. (b) The obligation of the initial purchaser to accept delivery of the Certificates is subject to the initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the Certificates to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection with issuance, sale and delivery of the Certificates is hereby approved and confirmed. The execution and delivery of an engagement letter between the Issuer and such firm, with respect to such services as bond counsel, is hereby authorized in such form as may be approved by the Mayor or the City Manager, and the Mayor or the City Manager is hereby authorized to execute such engagement letter. 15 Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE CERTIFICATES. (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action that would adversely affect, the treatment of the Certificates as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (1) to take any action to assure that no more than 10 percent of the proceeds of the Certificates (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code; (2) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Certificates or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (3) to take any action to assure that no amount that is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action that would otherwise result in the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (5) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (6) to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of the Certificates, other than investment property acquired with – (A) proceeds of the Certificates invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the Certificates are issued, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates; (7) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene 16 the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (8) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Certificates have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (9) to assure that the proceeds of the Certificates will be used solely for new money projects. (b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the holders of the Certificates. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. (c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Certificates. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated that modify or expand provisions of the Code, as applicable to the Certificates, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that impose additional requirements applicable to the Certificates, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor, the City Manager or Director of Finance to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates. (d) Allocation of, and Limitation on, Expenditures for the Projects. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for the construction and acquisition of the Projects on its books and records by allocating proceeds to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Projects are completed. The foregoing notwithstanding, the Issuer shall not expend proceeds of the sale of the Certificates or investment earnings thereon more than 60 days after the earlier of (1) the fifth anniversary of the delivery of the Certificates, or (2) the date the Certificates are retired, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such expenditure will not adversely affect the status, for federal income tax purposes, of the Certificates or the interest thereon. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. (e) Disposition of Projects. The Issuer covenants that the Projects will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such sale or other disposition will not adversely 17 affect the tax-exempt status of the Certificates. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains a legal opinion that such failure to comply will not adversely affect the excludability for federal income tax proposes from gross income of the interest. (f) Adoption of Written Procedures for Federal Tax Law Compliance. Unless superseded by another action of the Issuer, to ensure compliance with the covenants contained herein regarding private business use, remedial actions, arbitrage and rebate, the Issuer hereby adopts and establishes the instructions attached hereto as Exhibit A as its written procedures. Section 10. SALE OF CERTIFICATES AND APPROVAL OF OFFICIAL STATEMENT; FURTHER PROCEDURES. (a) The Certificates are hereby sold and shall be delivered to ______________________ (the "Underwriters") for the purchase price of $__________________ (representing the par amount of the Certificates of $9,900,000.00, plus net reoffering premium of $__________________ and less an Underwriters' discount on the Certificates of $__________________), pursuant to the terms and provisions of a Purchase Agreement with the Underwriters. It is hereby officially found, determined, and declared that the Certificates have been sold pursuant to the terms and provisions of a Purchase Agreement in substantially the form presented at this meeting, which the Mayor of the Issuer is hereby authorized and directed to execute. It is hereby officially found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable. The Initial Certificate shall be registered in the name of ______________________ or its designee. (b) The Issuer hereby approves the form and content of the Official Statement relating to the Certificates and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Certificates by the Purchaser in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The distribution and use of the Preliminary Official Statement dated _______________________, 2013, prior to the date hereof is hereby ratified and confirmed. (c) The Mayor and Mayor Pro Tem, the City Manager, City Secretary and Director of Finance of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the Issuer such documents, certificates and other instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Certificates, the sale of the Certificates and the Official Statement. In case any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 11. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Certificates shall be used along with other certificate proceeds for the Projects; provided that after completion of such purpose, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on certificate proceeds that are required to be rebated to the United States of America pursuant to Section 9 hereof in order to prevent the Certificates from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. 18 Section 12. CONSTRUCTION FUND. (a) The Issuer hereby creates and establishes and shall maintain on the books of the Issuer a separate fund to be entitled the "Series 2013 Certificate of Obligation Construction Fund" for use by the Issuer for payment of all lawful costs associated with the Projects as hereinbefore provided. Proceeds of the Certificates, shall be deposited into the Construction Fund, other than amounts paid at closing for issuance costs. Upon payment of all such Project costs, any moneys remaining on deposit in said Fund shall be transferred to the Interest and Sinking Fund. Amounts so deposited to the Interest and Sinking Fund shall be used in the manner described in Section 5 of this Ordinance. (b) The Issuer may place proceeds of the Certificates (including investment earnings thereon) and amounts deposited into the Interest and Sinking Fund in investments authorized by the Public Funds Investment Act, Chapter 2256, Texas Government Code, as amended; provided, however, that the Issuer hereby covenants that the proceeds of the sale of the Certificates will be used as soon as practicable for the purposes for which the Certificates are issued. (c) All deposits authorized or required by this Ordinance shall be secured to the fullest extent required by law for the security of public funds. Section 13. COMPLIANCE WITH RULE 15c2-12. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. (b) Annual Reports. (i) The Issuer shall provide annually to the MSRB, in an electronic format as prescribed by the MSRB, within six months after the end of each fiscal year, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 10 of this Ordinance, being the information described in Exhibit B hereto. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in the financial statements of the Issuer appended to the Official Statement, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial information by the required time, and shall provide audited financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document that is available to the 19 public on the MSRB's internet website or filed with the SEC. All documents provided to the MSRB pursuant to this Section shall be accompanied by identifying information as prescribed by the MSRB. (c) Event Notices. (i) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Non-payment related defaults; 2. Modifications to rights of Certificateholders; 3. Certificate calls; 4. Release, substitution, or sale of property securing repayment of the Certificates; 5. The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms; and 6. Appointment of a successor or additional trustee or the change of name of a trustee. (ii) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the following events with respect to the Certificates, without regard to whether such event is considered material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Unscheduled draws on debt service reserves reflecting financial difficulties; 3. Unscheduled draws on credit enhancements reflecting financial difficulties; 4. Substitution of credit or liquidity providers, or their failure to perform; 5. Adverse tax opinions or the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701–TEB) or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; 6. Tender offers; 7. Defeasances; 8. Rating changes; and 20 9. Bankruptcy, insolvency, receivership or similar event of an obligated person. (iii) The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such subsection. (d) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes Certificates no longer to be outstanding. (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) Should the Rule be amended to obligate the Issuer to make filings with or provide notices to entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with respect to the Certificates in accordance with the Rule as amended. The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Certificates consent to such amendment or 21 (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Certificates. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. Section 14. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this Ordinance subject to the following terms and conditions, to-wit: (a) The Issuer may from time to time, without the consent of any holder, except as otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect the interests of the holders, (v) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, or (iv) make such other provisions in regard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders. (b) Except as provided in paragraph (a) above, the holders of Certificates aggregating in principal amount 51% of the aggregate principal amount of then outstanding Certificates that are the subject of a proposed amendment shall have the right from time to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100% of the holders in aggregate principal amount of the then outstanding Certificates, nothing herein contained shall permit or be construed to permit amendment of the terms and conditions of this Ordinance or in any of the Certificates so as to: (1) Make any change in the maturity of any of the outstanding Certificates; (2) Reduce the rate of interest borne by any of the outstanding Certificates; (3) Reduce the amount of the principal of, or redemption premium, if any, payable on any outstanding Certificates; (4) Modify the terms of payment of principal or of interest or redemption premium on outstanding Certificates or any of them or impose any condition with respect to such payment; or (5) Change the minimum percentage of the principal amount of any series of Certificates necessary for consent to such amendment. (c) If at any time the Issuer shall desire to amend this Ordinance under subsection (b) of this Section, the Issuer shall send by U.S. mail to each registered owner of the affected Certificates a copy of the proposed 22 amendment. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the office of the Issuer for inspection by all holders of such Certificates. (d) Whenever at any time within six months from the date of the mailing of such notice the Issuer shall receive an instrument or instruments executed by the holders of at least 51% in aggregate principal amount of all of the Certificates then outstanding that are required for the amendment, which instrument or instruments shall refer to the proposed amendment and that shall specifically consent to and approve such amendment, the Issuer may adopt the amendment in substantially the same form. (e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders of such affected Certificates shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment. (f) Any consent given by the holder of a Certificate pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the mailing of the notice provided for in this Section, and shall be conclusive and binding upon all future holders of the same Certificate during such period. Such consent may be revoked at any time after six months from the date of the mailing of said notice by the holder who gave such consent, or by a successor in title, by filing notice with the Issuer, but such revocation shall not be effective if the holders of 51% in aggregate principal amount of the affected Certificates then outstanding, have, prior to the attempted revocation, consented to and approved the amendment. (g) For the purposes of establishing ownership of the Certificates, the Issuer shall rely solely upon the registration of the ownership of such Certificates on the registration books kept by the Paying Agent/Registrar. Section 15. APPROPRIATION. To pay the debt service coming due on the Certificates prior to receipt of the taxes levied to pay such debt service, if any, there is hereby appropriated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount, which together with capitalized interest received from the sale of the Certificates, will be sufficient to pay such debt service, and such amount shall be used for no other purpose. Section 16. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. Section 17. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect. (Execution Page Follows) DULY PASSED by the City Council of the City of Coppell, Texas this the 9TH day of July, 2013. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY [CITY SEAL] A-1 EXHIBIT A Written Procedures Relating to Continuing Compliance With Federal Tax Covenants These procedures, together with any federal tax certifications, provisions included in the authorizing document (the "Bond Ordinance") with respect to the issuance and sale of Obligations (as defined below), letters of instructions and/or memoranda from bond counsel and any attachments thereto (the "Closing Documents"), are intended to assist the Issuer in complying with federal guidelines related to the issuance of any tax-exempt debt such as the Bonds (the "Obligations"). A. Arbitrage Compliance. Federal income tax laws generally restrict the ability to earn arbitrage in connection with the Obligations. The Responsible Person (as defined below) will review the Closing Documents periodically (at least once a year) to ascertain if an exception to arbitrage compliance applies. Procedures applicable to Obligations issued for construction and acquisition purposes. With respect to the investment and expenditure of the proceeds of the Obligations that are issued to finance public improvements or to acquire land or personal property, the Issuer's chief financial officer (such officer, together with other employees of the Issuer who report to such officer, is collectively, the "Responsible Person") will: 1. Instruct the appropriate person who is primarily responsible for the construction, renovation or acquisition of the facilities financed with the Obligations (the "Project") that (i) binding contracts for the expenditure of at least 5% of the proceeds of the Obligations are entered into within 6 months of the date of closing of the Obligations (the "Issue Date") and that (ii) the Project must proceed with due diligence; 2. Monitor that at least 85% of the proceeds of the Obligations to be used for the construction, renovation or acquisition of the Project are expended within 3 years of the Issue Date; 3. Monitor the yield on the investments purchased with proceeds of the Obligations and restrict the yield of such investments to the yield on the Obligations after 3 years of the Issue Date; 4. Monitor all amounts deposited into a sinking fund or funds pledged (directly or indirectly) to the payment of the Obligations, such as the Interest and Sinking Fund, to assure that the maximum amount invested within such applicable fund at a yield higher than the yield on the Obligations does not exceed an amount equal to the debt service on the Obligations in the succeeding 12 month period plus a carryover amount equal to one-twelfth of the principal and interest payable on the Obligations for the immediately preceding 12-month period; and 5. Ensure that no more than 50% of the proceeds of the Obligations are invested in an investment with a guaranteed yield for 4 years or more. Procedures applicable to Obligations with a debt service reserve fund. In addition to the foregoing, if the Issuer issues Obligations that are secured by a debt service reserve fund, the Responsible Person will assure that the maximum amount of any reserve fund for the Obligations invested at a yield higher than the yield on the Obligations will not exceed the lesser of (1) 10% of the principal amount of the Obligations, (2) 125% of the average annual debt service on the Obligations measured as of the Issue Date, or (3) 100% of the maximum annual debt service on the Obligations as of the Issue Date. A-2 Procedures applicable to Escrow Accounts for Refunding Issues. In addition to the foregoing, if the Issuer issues Obligations and proceeds are deposited to an escrow fund to be administered pursuant to the terms of an escrow agreement, the Responsible Person will: 1. Monitor the actions of the escrow agent to ensure compliance with the applicable provisions of the escrow agreement, including with respect to reinvestment of cash balances; 2. Contact the escrow agent on the date of redemption of obligations being refunded to ensure that they were redeemed; and 3. Monitor any unspent proceeds of the refunded obligations to ensure that the yield on any investments applicable to such proceeds are invested at the yield on the applicable obligations or otherwise applied (see Closing Documents). Procedures applicable to all Tax-exempt Obligation Issues. For all issuances of Obligations, the Responsible Person will: 1. Maintain any official action of the Issuer (such as a reimbursement resolution) stating the Issuer's intent to reimburse with the proceeds of the Obligations any amount expended prior to the Issue Date for the acquisition, renovation or construction of the facilities; 2. Ensure that the applicable information return (e.g., IRS Form 8038-G, 8038-GC, or any successor forms) is timely filed with the IRS; and 3. Assure that, unless excepted from rebate and yield restriction under section 148(f) of the Code, excess investment earnings are computed and paid to the U.S. government at such time and in such manner as directed by the IRS (i) at least every 5 years after the Issue Date and (ii) within 30 days after the date the Obligations are retired. B. Private Business Use. Generally, to be tax-exempt, only an insignificant amount of the proceeds of each issue of Obligations can benefit (directly or indirectly) private businesses. The Responsible Persons will review the Closing Documents periodically (at least once a year) for the purpose of determining that the use of the facilities financed or refinanced with the proceeds of the Obligations (the "Project") do not violate provisions of federal tax law that pertain to private business use. In addition, the Responsible Persons will: 1. Develop procedures or a "tracking system" to identify all property financed with tax-exempt debt; 2. Monitor and record the date on which the Project is substantially complete and available to be used for the purpose intended; 3. Monitor and record whether, at any time the Obligations are outstanding, any person, other than the Issuer, the employees of the Issuer, the agents of the Issuer or members of the general public has any contractual right (such as a lease, purchase, management or other service agreement) with respect to any portion of the facilities; 4. Monitor and record whether, at any time the Obligations are outstanding, any person, other than the Issuer, the employees of the Issuer, the agents of the Issuer or members of the general public has a right to use the output of the facilities (e.g., water, gas, electricity); A-3 5. Monitor and record whether, at any time the Obligations are outstanding, any person, other than the Issuer, the employees of the Issuer, the agents of the Issuer or members of the general public has a right to use the facilities to conduct or to direct the conduct of research; 6. Monitor and record whether, at any time the Obligations are outstanding, any person, other than the Issuer, has a naming right for the facilities or any other contractual right granting an intangible benefit; 7. Monitor and record whether, at any time the Obligations are outstanding, the facilities are sold or otherwise disposed of; and 8. Take such action as is necessary to remediate any failure to maintain compliance with the covenants contained in the Bond Ordinance related to the public use of the Project. C. Record Retention. The Responsible Person will maintain or cause to be maintained all records relating to the investment and expenditure of the proceeds of the Obligations and the use of the facilities financed or refinanced thereby for a period ending three (3) years after the complete extinguishment of the Obligations. If any portion of the Obligations is refunded with the proceeds of another series of tax-exempt Obligations, such records shall be maintained until the three (3) years after the refunding Obligations are completely extinguished. Such records can be maintained in paper or electronic format. D. Responsible Persons. Each Responsible Person shall receive appropriate training regarding the Issuer's accounting system, contract intake system, facilities management and other systems necessary to track the investment and expenditure of the proceeds and the use of the Project financed or refinanced with the proceeds of the Obligations. The foregoing notwithstanding, each Responsible Person shall report to the Board whenever experienced advisors and agents may be necessary to carry out the purposes of these instructions for the purpose of seeking Board approval to engage or utilize existing advisors and agents for such purposes. B-1 EXHIBIT B Annual Financial Statements and Operating Data The following information is referred to in Section 13(b) of this Ordinance: The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: -- Tables 1 through 6, inclusive, and 8 through 14, inclusive. -- Appendix B (financial information for the last completed fiscal year which will be unaudited, unless an audit is performed in which event the audited financial statements will be made available) Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. -------------------- New Issue: Moody's upgrades to Aaa the City of Coppell's, TX GO bonds Global Credit Research - 25 Jun 2013 COPPELL (CITY OF) TX Cities (including Towns , Villages and Towns hips) TX Moody's Rating ISSUE RATING Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2013 Aaa Sale Amount $9,900,000 Expected Sale Date 06/21/13 Rating Description General Obligation Limited Tax General Obligation Refunding Bonds , Series 2013 Aaa Sale Amount $12,040,000 Expected Sale Date 06/21/13 Rating Description General Obligation Limited Tax Moody's Outlook NOO Opinion NEW YORK, June 25, 2013 -- Moody 's Inves tors Service has upgraded to Aaa the City of Coppell's, TX general obligation bond rating. At the same time, we have assigned Aaa to the City of Coppell's, TX $12 million General Obligation Refunding Bonds, Series 2013, and $9.9 million Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2013. Proceeds from the sale of the refunding bonds will be us ed to refund c ertain maturities of the c ity's Series 2004 and 2006 bonds for an expected net present v alue savings in ex c ess of 10%. The certificates of obligation will be used to make street and drainage improvements throughout the city. SUMMARY RATINGS RATIONALE The bonds and certificates are secured by an annual ad valorem tax lev ied agains t all tax able property in the city within the limits prescribed by law. The certificates are additionally secured by a limited pledge (not to exc eed $1,000) of the surplus revenues of the City's Waterwork s and Sewer Sys tem. The upgrade to Aaa reflects the strong underlying credit quality of the c ity including a moderately sized tax base with a favorable loc ation, a history of strong financ ial performance that have yielded ample reserv es, strong socio economic indices comparable to the medians for the rating category, and a manageable debt portfolio with a direct debt burden that is somewhat high for the rating category. STRENGTHS History of strong financ ial performance marked by ample reserv es Strong socio-economic indic es Moderately siz ed tax base that experienced flat growth despite challenges in the national economy WEAKNESSES Abov e median debt burdens Abov e median debt burdens DETAILED CREDIT DISCUSSION HISTORICALLY STRONG FINANCIAL PERFORMANCE YIELDS AMPLE RESERVES; Moody 's believes the city has demonstrated a trend of s olid financial management evidenced by the ample res erves in the General Fund in excess of the city 's c ombined charter and reserve polic y . The city's charter calls for a reserve requirement equal to 10% of nex t year's budget. On top of the charter, the city has created a General Fund polic y that calls for a minimum of 15% in expenditures. The General Fund has a history of strong financial operations with multiyear surpluses totaling over $20 million over the pas t fiv e years, growing the balance to $53 million (an ample 99.2% of General Fund revenues) in fiscal year 2012. The unassigned portion at the end of the year was $20.5 million (44.3% of General Fund revenues). However, Moody 's notes that the city has $4.6 million non-spendable balance that satisfies the 10% c ity charter reserve requirement, and another $6.9 million committed that satisfies the 15% fund balance policy . As s uch, the total available General Fund balance was $32 million, equal to a strong 59.9% of General Fund revenues, at the end of the fiscal year. In fiscal year 2013, the city adopted a surplus budget. Year to date, offic ials report that the budget is faring in line with original expec tations. Sales taxes , which acc ount for about 20% of rev enues are reporting strong c ollections with an increas e of 15% ov er the prior year. At fiscal year-end, officials expec t to add another $2 million to res erves. Preliminarily for fiscal year 2014, offic ials report that the budget process is underway. With minimal changes in expenditures, and continued growth in rev enues, officials ex pect a subsequent increase of $2 - $3 million in reserves. The city's strong financial history and sizeable reserv es that were maintained despite the downturn are key driv ers of the upgrade. The city remains a participant in the Texas Municipal Retirement System, a s tatewide pension system. In fiscal year 2011, the annual required contribution was $3.7 million or 6.9% of General Fund revenues. The city has historically made 100% of its annual required c ontribution (ARC) and it is expected this practice will continue over the long term. As of December 31, 2011, the city reported an 82.2% funded ratio, with an unfunded liability of $16.7 million. The c ity als o offers Other Post Employment Benefits (OPEB) in the form of health care to its employees. The city currently funds this obligation on a pay as you go basis. In fis c al year 2012, the city's annual OPEB cos t was $221,407 (0.4% of General Fund revenues), and the c ity contributed 3.6%. If the city had contributed 100% of the cost, the General Fund would have s till reported pos itiv e operations. As of December 31, 2010, the most rec ent actuarial valuation date, the city reported an unfunded OPEB liability of $1.7 million and the plan was zero perc ent funding. Officials report that the city is weighing the establis hment of a trust over the near term to manage the obligation. Given it's minimal amount compared to the c ity 's budget, we believe that this obligation will remain affordable over the near to medium term. The city rec eived majority of its fiscal year 2012 rev enues from three sources: taxes, penalties and interest (77%), charges for servic es (9.6%), and trans fers in (4.4%) which are formula driven for administrative costs as sociated with the utility system, and franchise fees. In fis c al year 2012, the city levied a total of $6.91 per $1,000 of as sessed values with $4.96 allocated to maintenance and operations , and $1.95 allocated to debt service. In fiscal year 2013, the levy was reduced to $6.70 with $4.66 allocated to maintenance and operations, and $2.05 allocated to debt serv ice. With the total levy, the city remains well below the state maximum of $25 per $1,000 of assessed values. Including the sale and going forward, offic ials expec t tax rates will remain flat, and eventually dec rease with growth in asses s ed v alues. FAVORABLY LOCATED IN THE DALLAS FORT WORTH METROPOLITAN AREA IN CLOSE PROXIMITY TO THE DFW INTERNATIONAL AIRPORT; STRONG SOCIO-DEMOGRAPHIC PROFILE Located in Dallas County (Aaa/stable outlook), Coppell is approx imately 18 miles from downtown Dallas (Aa1/stable outlook), and 10 minutes from the DFW International Airport. The c ity's tax base and taxable value history is cons istent with similarly rated Aaa c redits. Traditionally a bedroom community, the city has experienced considerable c ommercial activity in its eastern portion that has helped diversify the base. Currently , single family res idences acc ount for approximately 54.9% of the total base, while real commerc ial accounts for 17.6%, and tangible c ommercial accounts for 17.5%. Officials note the city is built out from a residential perspective, but has between 600 - 700 acres of land available for commercial development. Officials anticipate that ongoing development will improve the diversity of the bas e to a makeup that is 50% commercial, and 50% residential in the intermediate term. Over the past five years, taxable values within the city grew an annual average of 1.5% with the growth pac e moderating in the past couple of years. Despite the economic downturn, taxable values remained relativ ely flat with a modest decline of 0.8% in fiscal year 2011, and 0.2% in fiscal year 2012. In fiscal year 2013, taxable values grew 3.3% to just under $5 billion. Officials report several developments that should grow taxable values in the near to medium term. Of notable mention include a high tech dis tribution center for a major retailer which is expected to open in the fall, several medic al and industrial developments , and retail and residential developments with homes in the $500,000 to $700,000 pric e range. Preliminary values for fiscal year 2014, indicate c ontinued growth in taxable values with an estimated inc rease of 9.5%; offic ials will conservatively us e 3.5% for budgeting purposes. The top ten tax payers are diverse, and account for a moderate 7.8% of total taxable values in fis c al year 2013. Over the long term, we believe the city's potential for commercial activity given the moderate availability of land, and its close proximity to the DFW International airport that is well suited to serve the business needs of companies will y ield growth in taxable values . The city ex hibits s trong soc io-economic indicators. Per the 2010 American Community Survey (ACS) the median family and per capita incomes were 192% and 170.1% of the nation. The April 2013 unemployment rate within the city was 5.9%, which was comparable to the state's 6.1%, but lower than the nation's 7.1% taken during the same time period. SLIGHTLY ELEVATED DEBT BURDENS All of the city's debt is fixed rate and the city is not party to any derivative agreements. Including the sale, the city's debt burdens are manageable at 1.7% direct (4.7% overall). Payout is av erage with 70.9% of principal retired in 10 tears. Following this issue, the city has $1.9 million in authorized but unis sued debt. There are no other debt is suance plans. Absent debt iss uance plans , we expec t that the city's debt burden will remain manageable over the intermediate to long term. WHAT COULD MAKE THE RATING GO UP - N/A WHAT COULD MAKE THE RATING GO DOWN Erosion of current available res erves significant taxable v alue decline KEY STATISTICS: 2013 Full Valuation: $5 billion 2013 Full Value Per Capita: $126,904 Direct Debt Burden: 1.7% Overall Debt Burden: 4.7% Payout of principal: 70.9% 2012 Total General Fund balance: $53 million (99.2% of General Fund revenues) General Obligation Limited Tax (GOLT) Debt Outstanding: $82.1 Million RATING METHODOLOGY The principal methodology used in this rating was General Obligation Bonds Issued by US Local Governments published in April 2013. Please see the Credit Policy page on www.moody s .com for a copy of this methodology. 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MOODY'S credit rating is an opinion as to the creditworthiness of a debt obligation of the issuer, not on the equity securities of the iss uer or any form of security that is av ailable to retail c lients. It would be dangerous for retail clients to make any investment decision based on MOODY'S c redit rating. If in doubt you should contact your financ ial or other professional adviser. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1157 File ID: Type: Status: 2013-1157 Ordinance Passed 1Version: Reference: In Control: Finance 07/01/2013File Created: 07/09/2013Final Action: Ordinance - defeasanceFile Name: Title: Consider approval of an Ordinance authorizing discharge and redemption of a portion of the City’s General Obligation Refunding Bonds, Series 2005; approving an escrow agreement; providing an effective date; enacting other provisions relating to the subject, and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2013 Agenda Number: 16. Sponsors: Enactment Date: Cover Memo.pdf, Ordinance.pdfAttachments: Enactment Number: 2013-1348 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved07/09/2013City Council Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, that this Ordinance be approved. The motion passed by an unanimous vote. At this time, Mayor Hunt called forward Agenda Item 10. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1157 Title Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1157) Consider approval of an Ordinance authorizing discharge and redemption of a portion of the City’s General Obligation Refunding Bonds, Series 2005; approving an escrow agreement; providing an effective date; enacting other provisions relating to the subject, and authorizing the Mayor to sign. Summary See attached memorandum. Fiscal Impact: The funds necessary to create this escrow will be provided by the General Fund, Undesignated Fund Balance. The bonds will be refunded on the earliest call date, and the funds will be replaced as the land sales occur. Staff Recommendation: The Finance Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: July 9, 2013 Reference: Consider approval of an ordinance to establish a Defeasance Escrow Agreement 2030: Sustainable City Government Introduction: This item is being presented for approval to establish a defeasance escrow agreement as required by current IRS regulations. This requirement is due to the sale of a portion of land owned by the City near the Service Center (formerly known as the Baptist Foundation Property) that currently has outstanding tax exempt bonds to CSE Commercial Real Estate, LP. The purpose of this escrow is to redeem all outstanding bonds related to this property at the earliest possible call date. According to our bond attorney and expert IRS tax representative, the City will be required to escrow the entire outstanding principal bond amount related to the above mentioned property. Analysis: The amount required to be deposited into the defeasance escrow is $1,680,000 for the outstanding principal, plus an additional estimated $40,375 in accrued interest. The funds needed to establish this escrow will be provided by the General Fund, Undesignated Fund Balance. The bonds will be redeemed at the earliest possible date, February, 2014. These funds will be returned to the General Fund as the lot sales occur. Legal Review: The defeasance escrow agreement Ordinance has been prepared by Leroy Grawunder, the City of Coppell’s bond attorney. 2 Fiscal Impact: The funds necessary to create this escrow will be provided by the General Fund, Undesignated Fund Balance. The bonds related to the above mentioned property shall be redeemed at the earliest possible call date and the funds will be returned to the General Fund as the lot sales occur. Recommendation: The Finance Department recommends approval of this Ordinance. ORDINANCE NO. _____________ ORDINANCE AUTHORIZING DISCHARGE AND REDEMPTION OF A PORTION OF THE CITY'S GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005; APPROVING AN ESCROW AGREEMENT; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT WHEREAS, the City of Coppell, Texas (the "City") has issued, and there are currently outstanding, the City’s General Obligation Refunding Bonds, Series 2005 (the "2005 Bonds"), maturing on February 1 in each of the years 2014 through 2020, inclusive, in the aggregate principal amount of $9,605,000; WHEREAS, this City Council finds and determines that it is necessary and in the best interests of the City to provide for the payment, discharge and redemption of a portion of the 2005 Bonds, with funds available for such purpose, as described in Schedule I attached hereto and incorporated herein (collectively, the "Discharged Bonds"); WHEREAS, in the ordinance that authorized the issuance of the 2005 Bonds (the "Bond Ordinance"), the City reserved the option to redeem the 2005 Bonds before their scheduled maturity in whole or in part on February 1, 2014, or on any thereafter, at a price equal to the principal amount of the 2005 Bonds so called for redemption plus accrued interest to the redemption date; WHEREAS, the Bond Ordinance and Chapter 1207, Texas Government Code, authorize the City to deposit available funds with the Paying Agent/Registrar for the Discharged Bonds, and such deposit, if made in sufficient amounts, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Discharged Bonds; and WHEREAS, it is officially found, determined and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice of the date, hour, place and subject of said meeting, including this Ordinance, was given, all as required by the applicable provisions of Tex. Gov’t Code Ann. ch. 551. Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL: Section 1. Findings. The declarations, determinations and findings declared, made and found in the preamble to this Ordinance are hereby adopted, restated and made a part of the operative provisions hereof. Section 2. Approval of Escrow Agreement. The Mayor or City Manager is authorized to enter into and execute on behalf of the City with the Paying Agent/Registrar for the 2005 Bonds, as escrow agent, an escrow agreement, in the form and substance presented at this meeting, which escrow agreement will provide for the payment in full of the Discharged Bonds. Section 3. Deposit of Funds. On or before July 17, 2013, the City shall deposit with the Paying Agent/Registrar for the Discharged Bonds funds in an amount sufficient to pay the principal of the Discharged Bonds and accrued interest thereon on the respective maturity or redemption date. Funds on deposit in the general fund and in the interest and sinking fund for the Bonds, together with other available funds as necessary, are hereby authorized and appropriated in the amounts necessary for such purpose. Section 4. Redemption of Bonds. Discharged Bonds maturing on February 1 in each of the years 2015 through 2020, inclusive, as described and in the principal amounts set forth in Schedule I, are hereby called for redemption on February 1, 2014 (the "Redemption Date") at a redemption price equal to the principal amount thereof plus accrued interest to the date of redemption. Interest on the Discharged Bonds 2 called for redemption shall cease to accrue on the Redemption Date. The Paying Agent/Registrar is hereby authorized and directed to call such principal amount for redemption. Section 5. Notices. Notice of redemption of the Discharged Bonds called for redemption shall be given in the manner and within the times required by the Bond Ordinance, and the Paying Agent/Registrar for the Discharged Bonds called for redemption is hereby authorized and directed to cause notice of redemption to be provided at the time and in the form and manner prescribed in the Bond Ordinance. Section 6. Covenants Regarding Tax Exemption of Interest on the Discharged Bonds. The City covenants to take any action necessary to assure, or refrain from any action which would adversely affect, the treatment of the Discharged Bonds as obligations described in section 103 of the Internal Revenue Code of 1986, as amended, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. Section 7. Authorization of Actions. The officers and employees of the City are hereby authorized and directed to take such actions and to execute and deliver such documents, certificates and receipts, including without limitation notice of redemption and material events notices with respect to the Discharged Bonds, as necessary or appropriate to consummate the transactions authorized by this Ordinance and to redeem the Discharged Bonds in accordance with the provisions and requirements of the Bond Ordinance. Section 8. Effective Date. This Ordinance shall be effective immediately upon its adoption by the City Council. (Execution Page Follows) DULY PASSED by the City Council of the City of Coppell, Texas this the 9TH day of July, 2013. APPROVED: ____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY [CITY SEAL] SCHEDULE I SCHEDULE OF REFUNDED OBLIGATIONS Description Maturity Date Principal Amount Outstanding Principal Amount Refunded General Obligation Refunding Bonds, Series 2005 2/1/2014 $ 1,480,000 $ 260,000 2/1/2015 1,545,000 270,000 2/1/2016 1,620,000 285,000 2/1/2017 1,710,000 300,000 2/1/2018 1,235,000 215,000 2/1/2019 1,295,000 225,000 2/1/2020 720,000 125,000 Total $ 9,605,000 $1,680,000 Maturities 2015 through 2020 called for redemption on February 1, 2014, at par plus accrued interest. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1154 File ID: Type: Status: 2013-1154 Agenda Item Passed 1Version: Reference: In Control: Finance 07/01/2013File Created: 07/09/2013Final Action: General Obligation Refunding BondsFile Name: Title: Consider approval of an Ordinance authorizing the issuance and sale of City of Coppell, Texas General Obligation Refunding Bonds, Series 2013; levying an annual ad valorem tax and providing for the payment of said bonds; approving an official statement; providing an effective date; enacting other provisions relating to the subject, and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2013 Agenda Number: 17. Sponsors: Enactment Date: Cover Memo.pdf, Ordinance.pdfAttachments: Enactment Number: 2013-1347 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved07/09/2013City Council Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Mrs. Miller also introduced Boyd London, FirstSouthwest, to make a presentation to Council. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Bob Mahalik, that this Ordinance be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1154 Title Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1154) Consider approval of an Ordinance authorizing the issuance and sale of City of Coppell, Texas General Obligation Refunding Bonds, Series 2013; levying an annual ad valorem tax and providing for the payment of said bonds; approving an official statement; providing an effective date; enacting other provisions relating to the subject, and authorizing the Mayor to sign. Summary See attached memorandum. Fiscal Impact: The impact of this bond sale will be incorporated in the Debt Service Tax Rate. Staff Recommendation: The Finance Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: July 9, 2013 Reference: Consider approval of an ordinance authorizing the refunding of previous bond issues in order to produce debt service savings 2030: Sustainable City Government Introduction: This item is being presented for approval to refund previously issued Certificates of Obligation and General Obligation bonds to take advantage of lower interest rates in order to produce debt service savings. It appears the City of Coppell can refund or refinance the General Obligation Bonds, Series 2004; the Certificates of Obligation Bonds, Series 2006; and the General Obligation Bonds, Series 2006. However, I would like to point out, it is possible one or more of the issues listed above may not be refunded based on market conditions changing prior to the actual date of sale. Analysis: The actual amount of debt service savings will be calculated and provided at the time the pricing of the refunding bonds occurs on July 9, 2013. The projected debt service savings calculation will be provided by First Southwest, the City’s financial advisor. Legal Review: The related bond refunding documents have been prepared by Leroy Grawunder, the City of Coppell’s bond attorney. 2 Fiscal Impact: The impact of the bond refunding will be incorporated in the City’s Debt Service Tax Rate. Recommendation: The Finance Department recommends approval of this Ordinance. ORDINANCE NO. __________ AUTHORIZING THE ISSUANCE AND SALE OF CITY OF COPPELL, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013, LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE PAYMENT OF SAID BONDS; APPROVING AN OFFICIAL STATEMENT; PROVIDING AN EFFECTIVE DATE AND ENACTING OTHER PROVISION RELATING TO THE SUBJECT THE STATE OF TEXAS § COUNTIES OF DALLAS AND DENTON § CITY OF COPPELL § WHEREAS, certain previously issued and outstanding obligations of the City of Coppell, Texas (the "Issuer") described in Schedule I attached hereto and incorporated herein (collectively, the "Refunded Obligations") are intended to be and shall be refunded pursuant to this Ordinance; WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding bonds and to deposit the proceeds from the sale thereof, together with any other available funds or resources, directly with a paying agent for the Refunded Obligations or a trust company or commercial bank that does not act as a depository for the Issuer and is named in these proceedings, and such deposit, if made before the payment dates of the Refunded Obligations, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter into an escrow or similar agreement with such paying agent for the Refunded Obligations or trust company or commercial bank with respect to the safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon such terms and conditions as the Issuer and such paying agent or trust company or commercial bank may agree; WHEREAS, U.S. Bank National Association, is a paying agent for the Refunded Obligations, and the Escrow Agreement, wherein U.S. Bank National Association is the Escrow Agent, hereinafter authorized constitutes an escrow agreement of the kind authorized and permitted by said Chapter 1207; WHEREAS, the City Council hereby finds and declares a public purpose and it is in the best interests of the Issuer to refund the Refunded Obligations in order to produce a debt service savings and to restructure the Issuer's outstanding debt service to enable the Issuer to fund needed capital improvements, and that such refunding will result in a present value debt service savings of approximately $____________ and an actual debt service savings of $___________ to the Issuer; WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturity within 20 years of the date of the bonds hereinafter authorized; WHEREAS, the Bonds hereinafter authorized to be issued and are to be issued, sold and delivered pursuant to the general laws of the State of Texas, including Texas Government Code, Chapter 1207, as amended; and WHEREAS, it is officially found, determined, and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required by the applicable provisions of Texas Government Code, Chapter 551; Now, Therefore 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BONDS. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. The bonds of the City of Coppell, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $12,040,000 for the purpose of refunding certain outstanding obligations of the Issuer described in the preamble hereto and to pay the costs incurred in connection with the issuance of the Bonds. Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURITIES AND INTEREST RATES OF BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS GENERAL OBLIGATION REFUNDING BOND, SERIES 2013," and initially there shall be issued, sold, and delivered hereunder one fully registered bond, without interest coupons, dated July 1, 2013, in the principal amount stated above and in the denominations hereinafter stated, numbered T-1, with bonds issued in replacement thereof being in the denominations and principal amounts hereinafter stated and numbered consecutively from R-1 upward, payable to the respective Registered Owners thereof (with the initial bond being made payable to the initial purchaser as described in Section 10 hereof), or to the registered assignee or assignees of said bonds or any portion or portions thereof (in each case, the "Registered Owner"), and said bonds shall mature and be payable serially on February 1 in each of the years and in the principal amounts, respectively, and shall bear interest from the dates set forth in the FORM OF BOND set forth in Section 4 of this Ordinance to their respective dates of maturity or redemption prior to maturity at the rates per annum, as set forth in the following schedule: Years Principal Amount Interest Rates Years Principal Amount Interest Rates 2015 $ 610,000 2021 $ 1,230,000 2016 625,000 2022 1,295,000 2017 1,020,000 2023 1,360,000 2018 1,065,000 2024 1,425,000 2019 1,120,000 2025 555,000 2020 1,175,000 2026 560,000 Section 3. CHARACTERISTICS OF THE BONDS. (a) Appointment of Paying Agent/Registrar. The Issuer hereby appoints U.S. Bank National Association, Dallas, Texas, to serve as paying agent and registrar for the Bonds (the "Paying Agent/Registrar"). The Mayor or City Manager is authorized and directed to execute and deliver in the name on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying Agent/Registrar in substantially the form presented at this meeting. (b) Registration, Transfer, Conversion and Exchange. The Issuer shall keep or cause to be kept at the corporate trust office of the Paying Agent/Registrar books or records for the registration of the transfer, conversion and exchange of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided within three days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall 3 be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. (c) Authentication. Except as provided in subsection (i) of this section, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for conversion and exchange. No additional ordinances, orders or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution and delivery of the substitute Bonds in the manner prescribed herein. Pursuant to Subchapter D, Chapter 1201, Texas Government Code, the duty of conversion and exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Bond, the converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (d) Payment of Principal and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. (e) Payment to Registered Owner. Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the registered owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner, as shown in the Registration Books, shall receive a Bond certificate evidencing the obligation of the Issuer to make payments of principal and interest pursuant to this Ordinance. 4 (f) Paying Agent/Registrar. The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. (g) Substitute Paying Agent/Registrar. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. (g) Book-Entry Only System. The Bonds issued in exchange for the Bonds initially issued to the purchaser or purchasers specified herein shall be initially issued in the form of a separate single fully registered Bond for each of the maturities thereof and the ownership of each such Bond shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC"), and except as provided in subsections (i) and (j) of this Section, all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. (h) Blanket Letter of Representations. The previous execution and delivery of the Blanket Letter of Representations with respect to obligations of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully applicable to the Bonds. Notwithstanding anything to the contrary contained herein, while the Bonds are subject to DTC's Book-Entry Only System and to the extent permitted by law, the Letter of Representations is hereby incorporated herein and its provisions shall prevail over any other provisions of this Ordinance in the event of conflict. (i) Bonds Registered in the Name of Cede & Co. With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a registered owner of Bonds, as shown on the Registration Books, of any notice with respect to the Bonds, or (iii) the payment to any DTC Participant or any other person, other than a registered owner of Bonds, as shown in the Registration Books of any amount with respect to principal of or interest on the Bonds. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest 5 checks being mailed to the registered owner at the close of business on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. (j) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer shall (i) appoint a successor securities depository, qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names registered owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. (k) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the representation letter of the Issuer to DTC. (l) General Characteristics of the Bonds. The Bonds (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the Registered Owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Bonds shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this Ordinance. The Bonds initially issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the Paying Agent/registrar's Authentication Bond, in the FORM OF BOND set forth in this Ordinance. (m) Cancellation of Initial Bond. On the closing date, one initial Bond representing the entire principal amount of the Bonds, payable in stated installments to the order of the initial purchaser of the Bonds or its designee, executed by manual or facsimile signature of the President and Secretary of the Board, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered to such purchaser or its designee. Upon payment for the initial Bond, the Paying Agent/Registrar shall insert the Issuance Date on Bond No. T-1, cancel each of the initial Bonds and deliver to The Depository Trust Company ("DTC") on behalf of such purchaser one registered definitive Bond for each year of maturity of the Bonds, in the aggregate principal amount of all of the Bonds for such maturity, registered in the name of Cede & Co., as nominee of DTC. To the extent that the Paying Agent/Registrar is eligible to participate in DTC's FAST System, pursuant to an agreement between the Paying Agent/Registrar and DTC, the Paying Agent/Registrar shall hold the definitive Bonds in safekeeping for DTC. Section 4. FORM OF BONDS. The form of the Bonds, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds initially issued and 6 delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance. (a) Form of Bond. NO. R-UNITED STATES OF AMERICA STATE OF TEXAS PRINCIPAL AMOUNT $_________ CITY OF COPPELL, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 2013 Interest Rate Delivery Date Maturity Date CUSIP No. ___________, 2013 February 1, ____ REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, the City of Coppell, in Dallas and Denton Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on the Maturity Date specified above, the Principal Amount specified above. The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of twelve 30-day months) from the Delivery Date specified above at the Interest Rate per annum specified above. Interest is payable on February 1, 2014 and semiannually on each August 1 and February 1 thereafter to the Maturity Date specified above, or the date of redemption prior to maturity; except, if this Bond is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity, or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of U.S. Bank National Association, Dallas, Texas, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the last business day of the month preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be paid by such other 7 method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each owner of a Bond appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. ANY ACCRUED INTEREST due at maturity or upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of a series of Bonds dated July 1, 2013, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $12,040,000 for the public purposes of refunding certain outstanding obligations of the Issuer and to pay the costs incurred in connection with the issuance of the Bonds. ON FEBRUARY 1, 2023, or any date thereafter, the Bonds of this series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at a redemption price equal to the principal amount to be redeemed plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the on the 45th day prior to such redemption date; provided, however, that the failure of the registered owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof that are to be so redeemed. If such written notice of redemption is sent and if due provision for such payment is made, all as provided above, the Bonds or portions thereof that are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the 8 right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. IF AT THE TIME OF MAILING of notice of optional redemption there shall not have either been deposited with the Paying Agent/Registrar or legally authorized escrow agent immediately available funds sufficient to redeem all the Bonds called for redemption, such notice may state that it is conditional, and is subject to the deposit of the redemption moneys with the Paying Agent/Registrar or legally authorized escrow agent at or prior to the redemption date, and such notice shall be of no effect unless such moneys are so deposited on or prior to the redemption date. If such redemption is not effectuated, the Paying Agent/Registrar shall, within five days thereafter, give notice in the manner in which the notice of redemption was given that such moneys were not so received and shall rescind the redemption. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the registered owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Bond or portion thereof will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and been 9 done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed by law. THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided therein, and under some (but not all) circumstances amendments thereto must be approved by the registered owners of a majority in aggregate principal amount of the outstanding Bonds. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer (or in the Mayor's absence, by the Mayor Pro-Tem) and countersigned with the manual or facsimile signature of the City Secretary of said Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. (signature)(signature) City Secretary Mayor (SEAL) (b) Form of Paying Agent/Registrar's Authentication Certificate. PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Bond is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in the text of this Bond; and that this Bond has been issued in conversion or replacement of, or in exchange for, a Bond, Bonds, or a portion of a Bond or Bonds of a series that originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: . U.S. BANK NATIONAL ASSOCIATION Dallas, Texas Paying Agent/Registrar By: Authorized Representative (c) Form of Assignment. ASSIGNMENT (Please print or type clearly) 10 For value received, the undersigned hereby sells, assigns and transfers unto: Transferee's Social Security or Taxpayer Identification Number: Transferee's name and address, including zip code: the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: . Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a securities transfer association recognized signature guarantee program. NOTICE: The signature above must correspond with the name of the registered owner as it appears upon the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. (d) Form of Registration Certificate of the Comptroller of Public Accounts. COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this . Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) (e) Initial Bond Insertions. (i) The initial Bond shall be in the form set forth is paragraph (a) of this Section, except that: A. immediately under the name of the Bond, the headings "Interest Rate" and "Maturity Date" shall both be completed with the words "As shown below" and "CUSIP No. _____" shall be deleted. B. the first paragraph shall be deleted and the following will be inserted: 11 "THE CITY OF COPPELL, TEXAS, in Dallas and Denton Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on February 1 in each of the years, in the principal installments and bearing interest at the per annum rates set forth in the following schedule: Years Principal Installments Interest Rates (Information from Section 2 to be inserted) The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360- day year of twelve 30-day months) from the Delivery Date specified above at the respective Interest Rate per annum specified above. Interest is payable on February 1, 2014, and semiannually on each August 1 and February 1 thereafter to the date of payment of the principal installment specified above, or the date of redemption prior to maturity; except, that if this Bond is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in full." C. The Initial Bond shall be numbered "T-1." Section 5. INTEREST AND SINKING FUND. (a) A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the interest on and principal of said Bonds. All amounts received from the sale of the Bonds as accrued interest shall be deposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied and collected for and on account of said Bonds shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Bonds are outstanding and unpaid, the governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required to pay the interest on said Bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said Bonds as such principal matures (but never less than 2% of the original amount of said Bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year while any of said Bonds are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. If lawfully available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that otherwise would have been required to be levied pursuant to this Section may be reduced to the extent and by the amount of the lawfully available funds then on deposit in the Interest and Sinking Fund. 12 (b) Article 1208, Government Code, applies to the issuance of the Bonds and the pledge of the taxes granted by the Issuer under this Section, and is therefore valid, effective, and perfected. Should Texas law be amended at any time while the Bonds are outstanding and unpaid, the result of such amendment being that the pledge of the taxes granted by the Issuer under this Section is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the registered owners of the Bonds a security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge to occur. Section 6. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Bonds that is made in conjunction with the payment arrangements specified in Subsection (a)(i) or (ii) of this Section shall not be irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the Issuer expressly reserves the right to call the Defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Bonds immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Bonds may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in Subsection (a)(i) or (ii) of this Section. All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Bonds, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) The term "Defeasance Securities" means any securities and obligations now or hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations such as the Bonds. 13 (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. (e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds by such random method as it deems fair and appropriate. Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new Bond of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Bond, the registered owner applying for a replacement Bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred that is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement Bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement Bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authority for Issuing Replacement Bonds. In accordance with Sec. 1206.022, Government Code, this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement Bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such Bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 3(a) of this Ordinance for Bonds issued in conversion and exchange for other Bonds. 14 Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED; ENGAGEMENT OF BOND COUNSEL. (a) The Mayor of the Issuer is hereby authorized to have control of the Bonds initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Bonds issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. In addition, if bond insurance is obtained, the Bonds may bear an appropriate legend as provided by the insurer. (b) The obligation of the initial purchaser to accept delivery of the Bonds is subject to the initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the Bonds to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection with issuance, sale and delivery of the Bonds is hereby approved and confirmed. The execution and delivery of an engagement letter between the Issuer and such firm, with respect to such services as bond counsel, is hereby authorized in such form as may be approved by the Mayor or the City Manager, and the Mayor or the City Manager is hereby authorized to execute such engagement letter. Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BONDS. (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action that would adversely affect, the treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (1) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed by the bonds or the Refunded Obligations (the "Project") are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; (2) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (3) to take any action to assure that no amount that is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is 15 directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action that would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (5) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (6) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of the Bonds, other than investment property acquired with – (A) proceeds of the Bonds invested for a reasonable temporary period until such proceeds are needed for the purpose for which the bonds are issued, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds; (7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (8) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. (b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the Bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. (c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of the Bonds, transferred proceeds (if any) and proceeds of the Refunded Obligations expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated that modify or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that impose additional requirements applicable to the Bonds, the Issuer agrees to 16 comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor, the City Manager or the Director of Finance to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. (d) Disposition of Projects. The Issuer covenants that the Projects will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains a legal opinion that such failure to comply will not adversely affect the excludability for federal income tax proposes from gross income of the interest. Section 10. SALE OF BONDS AND APPROVAL OF OFFICIAL STATEMENT; FURTHER PROCEDURES. (a) The Bonds are hereby sold and shall be delivered to _________________________ (the "Underwriters") for the purchase price of $__________________ (representing the par amount of the Bonds of $12,040,000.00, plus net reoffering premium of $__________________ and less an Underwriters' discount on the Bonds of $__________________), pursuant to the terms and provisions of a Purchase Agreement with the Underwriters. It is hereby officially found, determined, and declared that the Bonds have been sold pursuant to the terms and provisions of a Purchase Agreement in substantially the form presented at this meeting, which the Mayor of the Issuer is hereby authorized and directed to execute. It is hereby officially found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable. The Initial Bond shall be registered in the name of _________________________ or its designee. (b) The Issuer hereby approves the form and content of the Official Statement relating to the Bonds and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Bonds by the Underwriters in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The distribution and use of the Preliminary Official Statement dated __________________, 2013, prior to the date hereof is hereby ratified and confirmed. (c) The Mayor and Mayor Pro Tem, the City Manager, City Secretary and Director of Finance, and each of them, shall be and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the Issuer suck documents, certificates and other instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Bonds, the sale of the Bonds and the Official Statement. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 11. DEFAULT AND REMEDIES (a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default: 17 (i) the failure to make payment of the principal of or interest on any of the Bonds when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement or obligation of the City, the failure to perform which materially, adversely affects the rights of the registered owners of the Bonds, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any Registered Owner to the City. (b) Remedies for Default. (i) Upon the happening of any Event of Default, then and in every case, any Registered Owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the City for the purpose of protecting and enforcing the rights of the Registered Owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners hereunder or any combination of such remedies. (ii) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all Registered Owners of Bonds then outstanding. (c) Remedies Not Exclusive. (i) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Bonds or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available as a remedy under this Ordinance. (ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. (iii) By accepting the delivery of a Bond authorized under this Ordinance, such Registered Owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or trustees of the City or the City Council. Section 12. COMPLIANCE WITH RULE 15c2-12. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. 18 (b) Annual Reports. (i) The Issuer shall provide annually to the MSRB, in an electronic format as prescribed by the MSRB, within six months after the end of each fiscal year ending in or after 2013, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 10 of this Ordinance, being the information described in Exhibit A hereto. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit A hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial information by the required time, and shall provide audited financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document that is available to the public on the MSRB's internet website or filed with the SEC. All documents provided to the MSRB pursuant to this Section shall be accompanied by identifying information as prescribed by the MSRB. (c) Event Notices. (i) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Non-payment related defaults; 2. Modifications to rights of Bondholders; 3. Bond calls; 4. Release, substitution, or sale of property securing repayment of the Bonds; 5. The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms; and 6. Appointment of a successor or additional trustee or the change of name of a trustee. (ii) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the event) of any 19 of the following events with respect to the Bonds, without regard to whether such event is considered material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Unscheduled draws on debt service reserves reflecting financial difficulties; 3. Unscheduled draws on credit enhancements reflecting financial difficulties; 4. Substitution of credit or liquidity providers, or their failure to perform; 5. Adverse tax opinions or the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701–TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; 6. Tender offers; 7. Defeasances; 8. Rating changes; 9. Bankruptcy, insolvency, receivership or similar event of an obligated person (iii) The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such subsection. (d) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes Bonds no longer to be outstanding. (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM 20 ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) Should the Rule be amended to obligate the Issuer to make filings with or provide notices to entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with respect to the Bonds in accordance with the Rule as amended. The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. Section 13. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this Ordinance subject to the following terms and conditions, to-wit: (a) The Issuer may from time to time, without the consent of any holder, except as otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect the interests of the holders, (iv) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, or (v) make such other provisions in regard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders. (b) Except as provided in paragraph (a) above, the holders of Bonds aggregating in principal amount 51% of the aggregate principal amount of then outstanding Bonds that are the subject of a proposed 21 amendment shall have the right from time to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100% of the holders in aggregate principal amount of the then outstanding Bonds, nothing herein contained shall permit or be construed to permit amendment of the terms and conditions of this Ordinance or in any of the Bonds so as to: (1) Make any change in the maturity of any of the outstanding Bonds; (2) Reduce the rate of interest borne by any of the outstanding Bonds; (3) Reduce the amount of the principal of, or redemption premium, if any, payable on any outstanding Bonds; (4) Modify the terms of payment of principal or of interest or redemption premium on outstanding Bonds or any of them or impose any condition with respect to such payment; or (5) Change the minimum percentage of the principal amount of any series of Bonds necessary for consent to such amendment. (c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall send by U.S. mail to each registered owner of the affected Bonds a copy of the proposed amendment and cause notice of the proposed amendment to be published at least once in a financial publication published in The City of New York, New York or in the State of Texas. Such published notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the office of the Issuer for inspection by all holders of such Bonds. (d) Whenever at any time within one year from the date of publication of such notice the Issuer shall receive an instrument or instruments executed by the holders of at least 51% in aggregate principal amount of all of the Bonds then outstanding that are required for the amendment, which instrument or instruments shall refer to the proposed amendment and that shall specifically consent to and approve such amendment, the Issuer may adopt the amendment in substantially the same form. (e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders of such affected Bonds shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment. (f) Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the publication of the notice provided for in this Section, and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of the publication of said notice by the holder who gave such consent, or by a successor in title, by filing notice with the Issuer, but such revocation shall not be effective if the holders of 51% in aggregate principal amount of the affected Bonds then outstanding, have, prior to the attempted revocation, consented to and approved the amendment. For the purposes of establishing ownership of the Bonds, the Issuer shall rely solely upon the registration of the ownership of such Bonds on the registration books kept by the Paying Agent/Registrar. Section 14. APPROVAL OF ESCROW AGREEMENT AND TRANSFER OF FUNDS. The Mayor or the City Manager of the Issuer is hereby authorized and directed to execute and deliver the Escrow 22 Agreement with U.S. Bank National Association, in substantially the form presented at this meeting. In addition, the Mayor or other officer of the Issuer is authorized to purchase such securities, to execute subscriptions for the purchase of U. S. Treasury Securities, State and Local Government Series, and to authorize such contributions, as may be necessary for the Escrow Fund. Section 15. REDEMPTION OF REFUNDED OBLIGATIONS. (a) The Issuer hereby directs that certain of the Refunded Obligations be called for redemption on the dates and as set forth on Schedule I. Each of such Refunded Obligations shall be redeemed at the redemption price of par plus accrued interest. The Mayor of the Issuer is hereby authorized and directed to issue or cause to be issued the Notices of Redemption of the Refunded Obligations in the forms set forth in Exhibit B attached hereto to the paying agent/registrar for the Refunded Obligations. (b) In addition, the paying agent/registrar for the Refunded Obligations is hereby directed to provide the appropriate notices of redemption and defeasance as specified by the ordinances authorizing the issuance of the Refunded Obligations and is hereby directed to make appropriate arrangements so that the Refunded Obligations may be redeemed on their redemption dates. The Refunded Obligations shall be presented for redemption at the paying agent/registrar therefore, and shall not bear interest after the date fixed for redemption. (c) If the redemption of any of the Refunded Obligations results in the partial refunding of any maturity of the Refunded Obligations, the paying agent/registrar for such Refunded Obligations shall designate which of such Refunded Obligations will be payable from and secured as provided in the ordinances of the Issuer authorizing the issuance of such Refunded Obligations (the "Refunded Obligation Ordinances"). For purposes of such determination and designation, all Refunded Obligations registered in denominations greater than $5,000 shall be considered to be registered in separate $5,000 denominations. The paying agent/registrar shall notify by first-class mail all registered owners of all affected Refunded Obligations of such maturities that: (i) a portion of such bonds have been refunded and are secured until final maturity solely with cash and investments maintained by the Escrow Agent in the Escrow Fund, (ii) the principal amount of all affected bonds of such maturities registered in the name of such registered owner that have been refunded and are payable solely from cash and investments in the Escrow Fund and the remaining principal amount of all affected bonds of such maturities registered in the name of such registered owner, if any, have not been refunded and are payable and secured solely from the sources described in the Refunded Obligation Ordinances, (iii) the registered owner is required to submit his or her Refunded Obligations to the paying agent/registrar, for the purposes of re-registering such registered owner's Refunded Obligations and assigning new CUSIP numbers in order to distinguish the source of payment for the principal and interest on such Refunded Obligations, and (iv) payment of principal of and interest on such Refunded Obligations may, in some circumstances, be delayed until such Refunded Obligations have been re-registered and new CUSIP numbers have been assigned as required by (iii) above. (d) The source of funds for payment of the principal of and interest on the Refunded Obligations on their redemption date shall be from the funds placed in escrow with the Escrow Agent, pursuant to the Escrow Agreement approved in Section 14 of this Ordinance. . Section 16. APPROPRIATION. To pay the debt service coming due on the Bonds, if any, prior to receipt of the taxes levied to pay such debt service, there is hereby appropriated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount sufficient to pay such debt service, and such amount shall be used for no other purpose. 23 Section 17. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect. Section 18. EFFECTIVE DATE. In accordance with the provisions of Texas Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. (Execution Page Follows) DULY PASSED by the City Council of the City of Coppell, Texas this the 9TH day of July, 2013. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY [CITY SEAL] SCHEDULE I SCHEDULE OF REFUNDED OBLIGATIONS Description Maturity Date Principal Amount Outstanding Principal Amount Refunded General Obligation Bonds, Series 2004 2/1/2015 $ 675,000 $ 675,000 2/1/2016 705,000 705,000 2/1/2017 735,000 735,000 2/1/2018 765,000 765,000 2/1/2019 800,000 800,000 2/1/2020 840,000 840,000 2/1/2021 875,000 875,000 2/1/2022 920,000 920,000 2/1/2023 65,000 65,000 2/1/2024 1,010,000 1,010,000 Total $ 8,290,000 $ 8,290,000 Called for redemption on February 1, 2014, at par plus accrued interest. Description Maturity Date Principal Amount Outstanding Principal Amount Refunded Combination Tax and Revenue Certificates of Obligation, Series 2006 2/1/2017 $ 180,000 $ 180,000 2/1/2018 190,000 190,000 2/1/2019 200,000 200,000 2/1/2020 210,000 210,000 2/1/2021 220,000 220,000 2/1/2022 225,000 225,000 2/1/2023 240,000 (1)240,000 2/1/2024 250,000 (1)250,000 2/1/2025 265,000 (1)265,000 2/1/2026 275,000 (1)275,000 Total $ 2,255,000 $ 2,255,000 (1) Term Bond maturing February 1, 2026 Called for redemption on February 1, 2016, at par plus accrued interest. Description Maturity Date Principal Amount Outstanding Principal Amount Refunded General Obligation Bonds, Series 2006 2/1/2017 $ 205,000 $ 205,000 2/1/2018 215,000 215,000 2/1/2019 225,000 225,000 2/1/2020 235,000 235,000 2/1/2021 245,000 245,000 2/1/2022 260,000 260,000 2/1/2023 270,000 (1)270,000 2/1/2024 285,000 (1)285,000 2/1/2025 300,000 (1)300,000 2/1/2026 315,000 (1)315,000 Total $ 2,555,000 $ 2,555,000 (1) Term Bond maturing February 1, 2026 Called for redemption on February 1, 2016, at par plus accrued interest. A-1 EXHIBIT A Annual Financial Statements and Operating Data The following information is referred to in Section 12(b) of this Ordinance: The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: -- Tables 1 through 6, inclusive, and 8 through 14, inclusive. -- Appendix B (financial information for the last completed fiscal year which will be unaudited, unless an audit is performed in which event the audited financial statements will be made available) Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph above. -------------------- B-1 EXHIBIT B NOTICE OF REDEMPTION CITY OF COPPELL, TEXAS CUSIP Prefix No. 217482 NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the outstanding Bonds and Certificates of Obligation of the City described as follows (collectively, the "Refunded Obligations"): City of Coppell, Texas General Obligation Bonds, Series 2004, dated April 15, 2004, maturing on February 1 in the years 2015 through 2024, in the aggregate principal amount of $8,290,000 (the "Series 2004 Bonds"), to the call date of the Series 2004 Bonds so called for redemption at U.S. Bank National Association. Call date: February 1, 2014. Maturity Date Original Principal Amount Principal Amount to be Redeemed CUSIP Suffix 2/1/2015 $ 675,000 $ 675,000 XP 8 2/1/2016 705,000 705,000 XQ 6 2/1/2017 735,000 735,000 XR 4 2/1/2018 765,000 765,000 XS 2 2/1/2019 800,000 800,000 XT 0 2/1/2020 840,000 840,000 XU 7 2/1/2021 875,000 875,000 XV 5 2/1/2022 920,000 920,000 XW 3 2/1/2023 65,000 65,000 XX 1 2/1/2024 1,010,000 1,010,000 XY 9 $ 8,290,000 $ 8,290,000 On February 1, 2014, interest on the Series 2004 Bonds shall cease to accrue and be payable. City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2006, dated August 15, 2006, maturing on February 1 in the years 2017 through 2022, and 2026, in the aggregate principal amount of $2,255,000 (the "Series 2006 Certificates"), to the call date of the Series 2006 Certificates so called for redemption at U.S. Bank National Association. Call date: February 1, 2016. Maturity Date Original Principal Amount Principal Amount to be Redeemed CUSIP Suffix 2/1/2017 $ 180,000 $ 180,000 D6 2 2/1/2018 190,000 190,000 D7 0 2/1/2019 200,000 200,000 D8 8 2/1/2020 210,000 210,000 D9 6 2/1/2021 220,000 220,000 E2 0 B-2 2/1/2022 225,000 225,000 E3 8 2/1/2026 1,030,000 1,030,000 E7 9 $ 2,255,000 $ 2,255,000 On February 1, 2016, interest on the Series 2006 Certificates shall cease to accrue and be payable. City of Coppell, Texas General Obligation Bonds, Series 2006, dated August 15, 2006, maturing on February 1 in the years 2017 through 2022, and 2026, in the aggregate principal amount of $2,255,000 (the "Series 2006 Certificates"), to the call date of the Series 2006 Certificates so called for redemption at U.S. Bank National Association. Call date: February 1, 2016. Maturity Date Original Principal Amount Principal Amount to be Redeemed CUSIP Suffix 2/1/2017 $ 205,000 $ 205,000 B2 3 2/1/2018 215,000 215,000 B3 1 2/1/2019 225,000 225,000 B4 9 2/1/2020 235,000 235,000 B5 6 2/1/2021 245,000 245,000 B6 4 2/1/2022 260,000 260,000 B7 2 2/1/2026 1,170,000 315,000 C3 0 $ 2,555,000 $ 2,555,000 On February 1, 2016, interest on the Series 2006 Certificates shall cease to accrue and be payable. THE REFUNDED OBLIGATIONS shall be redeemed at U.S. Bank National Association, as the Paying Agent/Registrar for said Refunded Obligations. Upon presentation of the Refunded Obligations at the Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive the redemption price equal to par and accrued interest to the redemption date. NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount of said Refunded Obligations and the interest thereon to the redemption date. In the event said Refunded Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall not thereafter bear interest. UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended paying agents making payments of interest and principal on municipal securities may be obligated to withhold a tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer identification number. Registered holders who wish to avoid the imposition of the tax should submit certified taxpayer identification numbers (via form W-9) when presenting the Refunded Obligations for payment. THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals and provisions of said Refunded Obligations. B-3 NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to either of the following addresses: By Mail Overnight Courier/Hand Delivery U.S. Bank National Association Corporate Trust Services P.O. Box 64111 St. Paul, Minnesota 55164-0111 Tel: (800) 934-6802 U.S. Bank National Association Corporate Trust Services 60 Livingston Avenue First Floor - Bond Drop Window St. Paul, Minnesota 55107 Tel: (800) 934-6802 CITY OF COPPELL, TEXAS Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1150 File ID: Type: Status: 2013-1150 Agenda Item Passed 1Version: Reference: In Control: Engineering 06/26/2013File Created: 08/13/2013Final Action: Second floor renovation 265 ParkwayFile Name: Title: Consider approval of awarding Job Order Contract to Core Construction in the amount of $349,337.02 for Phase II second floor renovation of 265 Parkway; and authorizing the City Manager to sign all necessary documents. Notes: Agenda Date: 08/13/2013 Agenda Number: 13. Sponsors: Enactment Date: 265 Parkway 2nd Floor Contract Memo.pdf, 265 Parkway Finish Selections.pdf, 265 Parkway TCPN Cooperative Purchasing Network.pdf, 265 Parkway 2nd Floor Plan.pdf, CORE Proposal for 265 Parkway.pdf, PARKWAY 265 2nd Fl Exhibit.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Pulled07/09/2013City Council Pulled Action Text: 1 PassApproved08/13/2013City Council Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1150 Title Consider approval of awarding Job Order Contract to Core Construction in the amount of Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1150) $349,337.02 for Phase II second floor renovation of 265 Parkway; and authorizing the City Manager to sign all necessary documents. Summary Phase II renovation consists of approximately 6000 square feet on the second floor and will be occupied by Fire Administration and will also house the EOC (Emergency Operations Center). Fiscal Impact: Funds have been designated in General Fund - Fund Balance for this project. Staff Recommendation: The Engineering Department recommends award to Core Construction in the amount of $349,337.02 Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering and Public Works Date: August 13, 2013 Reference: This contract is for the renovation of the second floor of 265 Parkway Blvd. The contract is a Job Order Contract per The Cooperative Purchasing Network (TCPN). 2030: Sustainable City Government, Goal 3 Excellent and Well-Maintained City Infrastructure and Facilities Introduction: The City of Coppell purchased the office building located at 265 E. Parkway Blvd on August 28, 2012. Phase I renovation of the first floor was completed in February, 2013 and is occupied by the departments of Planning, Engineering, and Building Inspections. Phase II renovation consists of approximately 6000 square feet on the second floor and will be occupied by Fire Administration and will also house the EOC (Emergency Operations Center). Once complete and staff is relocated, the existing Fire Administration Building will be vacant. Analysis: The Job Order Contract with Core Construction is through an Interlocal agreement with The Cooperative Purchasing Network (TCPN). This contractor has provided exceptional renovations and construction activities for several municipalities, including the City of Coppell. Core Construction’s architectural team, Corgan Associates, Inc., provided the city with Basic Services to include space planning and schematic design for Phase II (second floor). The award of this construction contract will allow Core Construction to begin renovation services at the end of August, with anticipated completion by the end of 2013. Legal Review: Agenda item did not require legal review. 2 Fiscal Impact: The fiscal impact of this Agenda item is $349,337.02 Recommendation: The Engineering Department recommends award to Core Construction in the amount of $349,337.02 TCPN Cooperative Purchasing Network http://www.tcpn.org/default.aspx?name=aboutTCPN[11/5/2012 2:10:01 PM] TCPN is a national governmental purchasing cooperative able to leverage the purchasing potential of governmental entities in all 50 states - this means equal pricing for the smallest entity and the largest buyer. All TCPN contracts are competitively bid and evaluated by a government entity serving as the lead agency. Region 4 Education Service Center serves as the primary lead agency for TCPN contracts. The lead agency awards these contracts to national vendors in accordance with purhasing procedures mandated by state procurement laws and regulations. TCPN contracts are available for use, and benefit, public and private schools, colleges and universities, cities, counties, non-profits and all governmental entities. We believe cooperative purchasing means fiscally sound procurement and ensuring you’re getting a good value for every dollar you spend. When public entities come together to share services they benefit big in cost savings and time. When public entities utilize a TCPN contract to procure goods and services, it provides the legally required competition for contracts as required by law. TCPN awards best-value contracts based on quality, proven performance, customer satisfaction and most importantly pricing. Our one and only mission is to help other governmental agencies operate efficiently and economically. Utilizing a TCPN contract means you deal directly with the vendor, as you would normally, using the TCPN contract as your own. We’ve already done the hard part, and we’ll be with you every step of the way to help increase your efficiency, shorten your delivery time, and stretch your budget dollars. You save the soft costs associated with the competitive bid process, reap the benefits of nationally leveraged pricing, all at no cost to you...that’s working smart! OUR PROCESS Research and Development of bid specifications Compilation of solicitation documents Advertisement of the solicitation both on the TCPN website and in newspapers (including the USA Today) for a minimum of two (2) weeks Receipt of sealed responses that are duly recorded and opened publicly Tabulation and evaluation of all responses Recommendation of vendor contract awards Contract awarded by a government agency serving in the lead agency role What Makes TCPN Contracts Legal? All TCPN contracts are competitively bid, evaluated, and awarded by a government entity serving in the lead agency role. TCPN’s primary lead agency is Region 4 Education Service Center, which was established in 1967 by the State of Texas under Chapter 8 of the Texas Education Code. Because of this structure, Region 4 is TCPN’s primary beneficiary. Reinvesting in the Power of Education Region 4 Education Service Center is one of the nation’s largest education service centers, serving more students and teachers than any other region in Texas. This agency works with educators to deliver creative solutions that help schools to operate more efficiently and effectively. Region 4 delivers innovative solutions spanning every facet of education, from classroom and curriculum development to operations, including food service, maintenance, construction and budgeting. Region 4 produces educational materials available to schools across the nation and is home to one of the nation’s largest Braille production facilities. This connection to Region 4, along with valued education partnerships across the country, means that education thrives above all else with TCPN. Current participants include state and local government entities as well as nonprofit organizations in all 50 states, including: • Cities/Municipalities • Churches • Counties • Charitable Organizations • State Agencies • Private Schools • State Colleges and Universities • Private Colleges and Universities Our procedures have been ISO 9001:2008 certified for 6 years and are independently audited twice yearly, because we know you might be audited too! About Membership Vendors Solicitations About TCPN 10625 North County Road Frisco, TX 75034-3831 PH: 972.668.9340 FAX: 972.668.9351 www.COREconstruct.com ARIZONA . FLORIDA . ILLINOIS . NEVADA . TEXAS . July 31, 2013 Ms Sheri Moino, CFM Facilities Manager City of Coppell Ref: 265 2nd Floor Dear Ms. Moino. Please find attached our proposal for the identified revisions to the 2nd floor of 265 Parkway Blvd. Our proposal is based on the following: Total Costs of $ 412,080.08 Less Dallas City Modifier $ (54,806.65) CORE Coefficient $ (21,436.41) Owner's Contingency $ 10,000.00 CORE Bonding $ 3,500.00 Total $ 349,337.02 See attached for detailed pricing. It does not include: Taxes on incorporated materials. Our TCPN authorization number is R5081TXCityofCoppell2ndflr018. Sincerely, Matt J. Letlow Final EstimateMatt LetlowCORE ConstructionCity of Coppell 265 Parkway 2nd Floor - COR0002Estimator: Matt LetlowCity of Coppell 265 Parkway 2nd FloorDivision Summary (MF04)01 - General Requirements $80,935.50 26 - Electrical $61,215.0202 - Existing Conditions $11,041.76 27 - Communications $681.1203 - Concrete28 - Electronic Safety and Security $8,729.0004 - Masonry $5,165.76 31 - Earthwork05 - Metals32 - Exterior Improvements06 - Wood, Plastics, and Composites $4,223.00 33 - Utilities07 - Thermal and Moisture Protection $3,863.86 34 - Transportation08 - Openings $37,787.40 35 - Waterway and Marine Transportation09 - Finishes $59,522.02 41 - Material Processing and Handling Equipment10 - Specialties $1,398.60 44 - Pollution Control Equipment11 - Equipment $5,026.50 46 - Water and Wastewater Equipment12 - Furnishings $52,297.80 48 - Electric Power Generation13 - Special ConstructionAlternates $16,143.0314 - Conveying EquipmentTrades21 - Fire Suppression $431.80Assemblies22 - Plumbing $11,484.90 FMR23 - Heating, Ventilating, and Air-Conditioning (HVAC) $52,133.01MF04 Total (Without totalling components) $412,080.08Totalling ComponentsPriced Line Items $412,080.08 Owner's Contingency $10,000.00RSMeans DALLAS, TX CCI 2013Q2, 86.70% $(54,806.65) CORE Bonding $3,500.002012 TCPN JOC Texas CORE Standard (-6.0000%) $(21,436.41)Material, Labor, and Equipment Totals (No Totalling Components) $182,536.02 $225,969.45 $834.62Labor:Equipment:Other: $2,739.99Laborhours: 3,006.95Green Line Items: $4,230.404Material:Grand Total $349,337.02Page 1 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd FloorItemQuantityUnit CostDescription UM Total Book01 - General Requirements 1 01-21-53-50-0500-M Factors, cost adjustments, add to construction costs for particular jobrequirements, cut and patch to match existing construction, add, minimumCosts 330,000.0000 2.0000% $6,600.00RSM13FAC M, O&PCut and patch walls as needed 2 01-21-53-50-0800-L Factors, cost adjustments, add to construction costs for particular jobrequirements, dust protection, add, minimumCosts 100,000.0000 2.0000% $2,000.00RSM13FAC L, O&PDust protection at stairs to 1st floor 3 01-21-53-50-0800-M Factors, cost adjustments, add to construction costs for particular jobrequirements, dust protection, add, minimumCosts 100,000.0000 1.0000% $1,000.00RSM13FAC M, O&PDust protection at stairs to 1st floor 4 01-31-13-20-0160 Field personnel, general purpose laborer, average Week 5.0000 $2,325.00 $11,625.00RSM13FAC L, O&PProject requires partime laborer 5 01-31-13-20-0260 Field personnel, superintendent, average Week 17.0000 $3,275.00 $55,675.00RSM13FAC L, O&PProject requires fulltime supervision 6 01-54-33-10-1150-3 Rent per week for concrete equipment rental, without operators, core drill,electric, 11 H.P., 8" to 18" coresEa. 1.0000 $330.00 $330.00RSM13FAC E, BFor Plumbing 7 01-54-33-40-0160-2 Rent per day for general equipment rental, without operators, aerial lift, scissortype, electric, to 25' high, 2000 lb. capacityEa. 3.0000 $68.50 $205.50RSM13FAC E, BLift for chandelier install in main lobby 8 01-74-13-20-0040 Cleaning up, after job completion, allow, maximum Job 350,000.0000 1.0000% $3,500.00RSM13FAC B3500000*.01 = 35,000.0001 - General Requirements Total $80,935.5002 - Existing Conditions 9 02-41-19-19-0725Selective facility services demolition, rubbish handling, the following are to beadded to the demolition prices. Dumpster, weekly rental, includes one dump perweek, 20 C.Y. capacity, 5 tonsWeek 10.0000 $630.00 $6,300.00RSM13FAC M, B 10 02-41-19-19-2005Selective facility services demolition, rubbish handling, the following are to beadded to the demolition prices. Load, haul, dump and return, up to 50' haul,wheeledC.Y. 110.0000 $25.00 $2,750.00RSM13FAC L, O&PHaul removed debris to dumpster 11 02-41-19-19-2005-2120 Selective facility services demolition, rubbish handling, in elevators, per 10 floors,add (Modified using 02-41-19-19-2120)C.Y. 110.0000 $6.65 $731.50RSM13FAC L, O&PHaul removed debris to dumpster 12 02-41-19-19-2045-2085 Selective facility services demolition, rubbish handling, over 100' haul, add per100 L.F., wheeled (Modified using 02-41-19-19-2085)C.Y. 50.0000 $17.25 $862.50RSM13FAC L, O&PHaul removed debris to dumpsterPage 2 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor02 - Existing ConditionsItemQuantityUnit CostDescription UM Total Book 13 02-41-19-25-2000 Selective demolition, saw cutting, brick or masonry with hand held saw, per inchof depthL.F. 88.0000 $4.52 $397.76RSM13FAC M, L, E, O&PSawcut brick veneer at new door opening(4+4+7+7)*4 = 88.0002 - Existing Conditions Total $11,041.7604 - Masonry 14 04-05-05-10-5020 Selective demolition, veneers, brick, hard mortar S.F. 28.0000 $3.72 $104.16RSM13FAC L, O&PRemove brick veneer at exterior to roof 15 04-43-10-80-1100Slate, interior flooring, natural cleft, 1/2" thick, 6" x 6", Pennsylvania S.F. 296.0000 $17.10 $5,061.60RSM13FAC M, L, B04 - Masonry Total $5,165.7606 - Wood, Plastics, and Composites 16 06-05-05-10-6740 Selective demolition wood framing, wall framing, including studs plates andblocking, 2" x 6"S.F. 28.0000 $0.97 $27.16RSM13FAC L, O&PRemove studs at exterior walls7*4 = 28.00 17 06-05-05-20-1000 Selective demolition millwork and trim, cabinets, wood, base cabinets, per L.F. L.F. 9.0000 $7.10 $63.90RSM13FAC L, B 18 06-05-05-20-3140Selective demolition millwork and trim, trim, railings with balusters L.F. 19.0000 $2.36 $44.84RSM13FAC L, B 19 06-11-10-02-2660 Blocking, miscellaneous, to wood construction, 2" x 8" M.B.F. 1.0000 $1,920.00 $1,920.00RSM13FAC M, L, B 20 06-25-16-10-4000 Paneling, plywood, plywood, prefinished, 3/4" thick, stock grades, minimum S.F. 255.0000 $3.51 $895.05RSM13FAC M, L, BPaint PT-2 21 06-43-16-10-0100 Wood handrails and railings, custom design, architectural grade, hardwood,maximumL.F. 19.0000 $66.95 $1,272.05RSM13FAC M, L, B06 - Wood, Plastics, and Composites Total $4,223.0007 - Thermal and Moisture Protection 22 07-05-05-10-0620 Selective demolition, thermal and moisture protection, insulation, air or vaporbarrierS.F. 28.0000 $0.13 $3.64RSM13FAC L, O&PRemove exterior wall vapor barrier7*4 = 28.00 23 07-05-05-10-0670Selective demolition, thermal and moisture protection, insulation, batts orblanketsC.F. 14.0000 $0.33 $4.62RSM13FAC L, O&PRemove insulation in exterior wallPage 3 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor07 - Thermal and Moisture ProtectionItemQuantityUnit CostDescription UM Total Book7*4*.5 = 14.00 24 07-84-13-10-0110 Firestopping, metallic piping, non insulated, through walls, 2" diameter Ea. 86.0000 $38.10 $3,276.60RSM13FAC M, L, B 25 07-84-13-10-0470 Firestopping, ductwork, insulated and non insulated, rectangular, with stiffener orclosure angle, through walls, 24" x 48"Ea. 3.0000 $193.00 $579.00RSM13FAC M, L, B07 - Thermal and Moisture Protection Total $3,863.8608 - Openings 26 08-05-05-10-0220 Selective demolition doors, doors, exterior, 1-3/4" thick, double, 6' x 7' high Ea. 1.0000 $23.50 $23.50RSM13FAC L, B 27 08-05-05-10-0500 Selective demolition doors, doors, interior, 1-3/8" thick, single, 3' x 7' high Ea. 4.0000 $14.20 $56.80RSM13FAC L, B 28 08-05-05-10-4000Selective demolition doors, residential lockset, exterior Ea. 2.0000 $12.85 $25.70RSM13FAC L, BResidential equal to Commercial Interior 29 08-12-13-18-0180 Transoms and sidelights, transom sash, 6-3/4" thick, 3'-4" x 1'-4" Ea. 2.0000 $241.50 $483.00RSM13FAC M, L, B 30 08-12-13-20-0460 Wrap around drywall frames, wrap-around drywall frame, 16 gauge, 6-1/4" x 7'-0"x 3'-0" wideEa. 14.0000 $215.00 $3,010.00RSM13FAC M, L, B 31 08-12-13-20-0580 Wrap around drywall frames, wrap-around drywall frame, 16 gauge, 6-1/4" x 7'-0"x 6'-0" wideEa. 1.0000 $256.50 $256.50RSM13FAC M, L, B 32 08-13-13-13-0020Standard hollow metal doors, flush, hollow core, full panel, 1-3/8" thick, 20 gauge,2'-0" x 6'-8"Ea. 1.0000 $371.00 $371.00RSM13FAC M, L, B 33 08-14-13-10-3120 Types of wood doors, carved, solid wood, 1-3/4" thick stile and rail, pine, 3'-6" x8'-0", minimumEa. 19.0000 $972.00 $18,468.00RSM13FAC M, L, B 34 08-17-23-10-8500 Pre-hung doors, pocket door frame with lauan, flush, hollow core , 1-3/8" x 3'-0" x6'-8"Ea. 2.0000 $238.00 $476.00RSM13FAC M, L, B 35 08-42-26-10-0020 Swinging glass doors, including hardware, 1/2" thick, tempered, 3' x 7' opening Opng. 2.0000 $2,545.00 $5,090.00RSM13FAC M, L, B 36 08-52-10-65-0900 Wood sash, window frames only, based on perimeter length L.F. 34.0000 $4.02 $136.68RSM13FAC M, B5+5+4+4+5+5+3+3 = 34.00 37 08-71-20-15-2100 Hardware, average, door hardware, pocket door Ea. 2.0000 $160.00 $320.00RSM13FAC M, L, B 38 08-71-20-31-0015 Door closers, door closer, rack and pinion Ea. 7.0000 $244.50 $1,711.50RSM13FAC M, L, B 39 08-71-20-40-0400 Lockset, standard duty, cylindrical, with sectional trim, keyed, single cylinderfunctionEa. 2.0000 $143.00 $286.00RSM13FAC M, L, BResidential equal to Commercial InteriorPage 4 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor08 - OpeningsItemQuantityUnit CostDescription UM Total BookType A and H 40 08-71-20-40-1400 Lockset, heavy duty, cylindrical, with sectional trim, keyed, single cylinderfunctionEa. 11.0000 $216.00 $2,376.00RSM13FAC M, L, BType B, E, F,11 = 11.00 41 08-71-20-50-0020 Door stops, holder and bumper, floor or wall Ea. 17.0000 $47.75 $811.75RSM13FAC M, L, B 42 08-71-20-65-0100 Thresholds, threshold 3' long, 8" wide, 1/2" thick, aluminum Ea. 1.0000 $75.00 $75.00RSM13FAC M, L, B 43 08-71-20-92-0200 Mortised hinges, full mortise, 3-1/2" x 3-1/2", average frequency, steel plated, ballbearingPr. 38.0000 $25.50 $969.00RSM13FAC M, B4 hingers per doorA, B, C, E, F, H19*2 = 38.00 44 08-71-20-95-0030Kick plates, stainless steel, .050, 16 gauge, US32, 8" x 30" Ea. 1.0000 $60.00 $60.00RSM13FAC M, L, B 45 08-74-13-50-0020 Card key access, excluding door hardware, card type, 1 time zone, minimum Ea. 1.0000 $685.00 $685.00RSM13FAC M, B 46 08-74-13-60-0900Entrance card systems, accessories, electric door strike or bolt Ea. 5.0000 $287.50 $1,437.50RSM13FAC M, L, B 47 08-81-10-10-0800 Various types and thickness of float glass, 1/4" thick, tempered, clear S.F. 46.7000 $14.10 $658.47RSM13FAC M, L, BBrad's OfficeRACES Office(4.67*7)+(4.67*3) = 46.7008 - Openings Total $37,787.4009 - Finishes 48 09-05-05-10-1250 Selective demolition, ceilings, suspended ceiling, mineral fiber, on suspensionsystem, including systemS.F. 451.0000 $0.78 $351.78RSM13FAC L, O&PRemove ceiling system 49 09-05-05-20-0400 Selective demolition, flooring, carpet, bonded, including surface scrapingS.F. 4,928.0000 $0.47 $2,316.16RSM13FAC L, O&PRemove carpet 50 09-05-05-20-0850 Selective demolition, flooring, vinyl or rubber cove base L.F. 1,407.0000 $0.47 $661.29RSM13FAC L, O&PRemove base at carpet 51 09-05-05-20-0860 Selective demolition, flooring, vinyl or rubber cove base, molded corner Ea. 97.0000 $0.47 $45.59RSM13FAC L, O&PRemove base inside and outside corners 52 09-05-05-20-2200 Selective demolition, flooring, tile, marble, slate, thin set S.F. 587.0000 $0.84 $493.08RSM13FAC L, BPage 5 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor09 - FinishesItemQuantityUnit CostDescription UM Total Book 53 09-05-05-30-1000Selective demolition, walls and partitions, drywall, nailed or screwed, one layer S.F. 28.0000 $0.47 $13.16RSM13FAC L, O&PRemove exterior wall drywall for new door4*7 = 28.00 54 09-05-05-30-1010Selective demolition, walls and partitions, drywall, nailed or screwed, two layers S.F. 8,633.0000 $0.71 $6,129.43RSM13FAC L, B 55 09-05-05-30-2300Selective demolition, walls and partitions, metal or wood studs, finish 2 sides,plasterboard or drywallS.F. 184.0000 $1.67 $307.28RSM13FAC L, BD2 Wall Removal 56 09-05-05-30-5000Selective demolition, walls and partitions, wallcovering, vinyl S.F. 2,897.0000 $0.44 $1,274.68RSM13FAC L, B 57 09-21-16-33-3800 Partition wall, stud wall, 8' to 12' high, 5/8", interior, gypsum board, standard, tapeand finish both sides, installed on and including, metal studs, non load bearing,25 gauge, 16" O.C., 3-5/8" wideS.F. 161.0000 $3.10 $499.10RSM13FAC M, L, B 58 09-21-16-33-3800-9600 Partition wall, partitions, for work over 8' high, add (Modified using 09-21-16-33-9600)S.F. 8,245.0000 $0.47 $3,875.15RSM13FAC L, B 59 09-21-16-33-4000 Partition wall, stud wall, 8' to 12' high, 5/8", interior, gypsum board, standard, tapeand finish both sides, installed on and including, metal studs, non load bearing,25 gauge, 16" O.C., 6" wideS.F. 922.0000 $3.38 $3,116.36RSM13FAC M, L, B 60 09-51-23-30-0830 Suspended ceilings, complete, including standard, suspension system, excluding1-1/2" carrier channels, mineral fiber, tegular, 2' x 4' x 3/4" tile on 9/16" gridS.F. 451.0000 $5.35 $2,412.85RSM13FAC M, L, O&PNew ceiling system 61 09-65-13-13-1100 Resilient base, 1/8" rubber base, standard colors, straight or cove, 4" highL.F. 1,302.0000 $3.14 $4,088.28RSM13FAC M, L, O&PBase at carpet and VCT1152+150 = 1,302.00 62 09-65-13-13-1153 Resilient base, 1/8" rubber base, standard colors, corners, 4" high Ea. 79.0000 $4.62 $364.98RSM13FAC M, L, O&PBase inside and outside corners71+8 = 79.00 63 09-68-13-10-5060 Carpet tile, tufted nylon, 24" x 24", hard back, 42 ounce S.Y. 471.0000 $50.13 $23,611.23RSM13FAC M, L, B 64 09-91-23-20-3000 Cabinets and casework, stain, brushwork, wipe off S.F. 552.0000 $0.56 $309.12RSM13FAC M, L, B(23+23)*3*4(23+23)*3*4 = 552.00 65 09-91-23-72-1240 Walls and ceilings, interior, concrete, drywall or plaster, latex, paint three coats,smooth finish, rollerS.F. 14,625.0000 $0.66 $9,652.50RSM13FAC M, L, B09 - Finishes Total $59,522.02Page 6 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd FloorItemQuantityUnit CostDescription UM Total Book10 - Specialties 66 10-14-23-13-2020 Engraved panel signage, interior, corridor, stock acrylic, two sided, with mountingbracket, 2" x 10"Ea. 28.0000 $49.95 $1,398.60RSM13FAC M, L, B10 - Specialties Total $1,398.6011 - Equipment 67 11-31-13-23-5600 Refrigeration equipment, refrigerator, no frost, 10 to 12 C.F., maximum Ea. 1.0000 $564.50 $564.50RSM13FAC M, L, B 68 11-31-13-33-2960 Kitchen cleaning equipment, dishwasher, built-in, four or more cycles, average Ea. 1.0000 $671.00 $671.00RSM13FAC M, L, B 69 11-31-13-43-3350 Waste disposal equipment, garbage disposal, sink type, maximum Ea. 2.0000 $303.50 $607.00RSM13FAC M, L, B 70 11-47-10-10-5800 Commercial ice equipment, ice cube maker, 50 pounds per day Ea. 1.0000 $1,709.00 $1,709.00RSM13FAC M, L, B 71 11-52-16-10-2200 Movie equipment, pedestals, for projectors Ea. 1.0000 $1,475.00 $1,475.00RSM13FAC M, B11 - Equipment Total $5,026.5012 - Furnishings 72 12-32-23-15-0300 Manufactured wood casework frames, base cabinets, counter storage, 36" high,one bay, 36" wideEa. 34.0000 $374.00 $12,716.00RSM13FAC M, L, B 73 12-32-23-15-6600 Manufactured wood casework frames, wall mounted cabinet, 24" high, one bay,36" wideEa. 23.0000 $244.00 $5,612.00RSM13FAC M, L, BUppers 74 12-32-23-20-5650 Manufactured hardwood casework doors, hardwood, raised panel, 18" wide, 36"highEa. 44.0000 $106.00 $4,664.00RSM13FAC M, L, B 75 12-32-23-25-1200 Manufactured wood casework drawer fronts, solid hardwood front, 4" high, 18"wideEa. 34.0000 $29.00 $986.00RSM13FAC M, L, B 76 12-32-23-35-1040 Manufactured wood casework hardware, catches, maximum Ea. 115.0000 $11.69 $1,344.35RSM13FAC M, L, B 77 12-32-23-35-2240 Manufactured wood casework hardware, door or drawer pulls, handles, handlesand pulls, projecting, metal, maximumEa. 115.0000 $19.85 $2,282.75RSM13FAC M, L, B 78 12-32-23-35-3040 Manufactured wood casework hardware, drawer tracks and glides, maximum Pr. 34.0000 $38.95 $1,324.30RSM13FAC M, L, B 79 12-32-23-35-4040 Manufactured wood casework hardware, cabinet hinges, maximum Pr. 88.0000 $16.00 $1,408.00RSM13FAC M, L, B 80 12-36-23-13-0100 Plastic-laminate-clad countertops, stock, 24" wide, includes backsplash,maximumL.F. 160.0000 $48.35 $7,736.00RSM13FAC M, L, B207-47 = 160.00Page 7 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor12 - FurnishingsItemQuantityUnit CostDescription UM Total Book 81 12-36-23-30-1520-2960 Plastic laminate countertop components, postformed backsplash, add to above,maximum (Modified using 12-36-23-30-2960)L.F. 160.0000 $13.04 $2,086.40RSM13FAC M, L, B207-47 = 160.00 82 12-36-23-30-1540 Plastic laminate countertop components, edging, 24" wide, 1-1/2" thick, plasticlaminate, maximumL.F. 160.0000 $26.95 $4,312.00RSM13FAC M, L, B207-47 = 160.00 83 12-36-40-10-2800 Natural stone countertops, granite, average, 1-1/4" thick, 24" wide, excludingsplashL.F. 47.0000 $162.50 $7,637.50RSM13FAC M, L, B 84 12-59-13-10-1260 Furniture, office systems, panel hung, connectors, brackets and supports,bracket, worksurface kit, per pairEa. 10.0000 $18.85 $188.50RSM13FAC M, B12 - Furnishings Total $52,297.8021 - Fire Suppression 85 21-11-13-18-0920Pipe fittings, plastic, CPVC, fire suppression, (C-UL-S. FM, NFPA 13, 13D &13R), socket joint, adapter, sprinkler head, female with metal threaded insert, (Sx FNPT), 3/4" x 1/2"Ea. 20.0000 $13.85 $277.00RSM13FAC M, L, B 86 21-11-13-18-0920-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)Ea. 20.0000 $0.86 $17.20RSM13FAC L, B 87 21-13-13-50-3720-4140 Labor adjustment factors, add to labor for working in existing occupied buildings,office building (Modified using 22-01-02-20-4140)Ea. 20.0000 $6.88 $137.60RSM13FAC L, B21 - Fire Suppression Total $431.8022 - Plumbing 88 22-05-05-10-0740 Plumbing demolition, hydrant, wall Ea. 1.0000 $17.15 $17.15RSM13FAC L, B 89 22-05-05-10-1320 Plumbing demolition, fixtures, including 10' piping, sink, double compartment Ea. 1.0000 $64.00 $64.00RSM13FAC L, B 90 22-05-05-10-1320-4140 Labor adjustment factors, add to labor for working in existing occupied buildings,office building (Modified using 22-01-02-20-4140)Ea. 1.0000 $16.00 $16.00RSM13FAC L, B 91 22-05-29-10-4720-4140 Labor adjustment factors, add to labor for working in existing occupied buildings,office building (Modified using 22-01-02-20-4140)Ea. 11.0000 $1.16 $12.76RSM13FAC L, B 92 22-05-76-20-5020 Cleanout tees, plastic, tees and adapters, excluding plugs, PVC, DWV, cleanouttee, 2" pipe sizeEa. 2.0000 $41.95 $83.90RSM13FAC M, L, B 93 22-07-19-10-4286 Piping insulation, price copper tube one size less than IPS, cellular glass, closedcell foam, all service jacket, sealant, working temperature (-450° F to +900° F), 0water vapor xmission, 1" wall, 1/2" iron pipe sizeL.F. 67.0000 $10.95 $733.65RSM13FAC Grn, M, L, BPage 8 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor22 - PlumbingItemQuantityUnit CostDescription UM Total Book 94 22-11-13-23-1140 Pipe and tube, copper, solder joints, type K tubing, couplings and clevis hangerassemblies, 10' O.C., 1/2" diameterL.F. 67.0000 $11.25 $753.75RSM13FAC M, L, B 95 22-11-13-23-1140-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)L.F. 67.0000 $0.57 $38.19RSM13FAC L, B 96 22-11-13-25-0100 Pipe and tube fittings, copper, wrought, solder joints, copper x copper, 90° elbow,1/2"Ea. 25.0000 $25.33 $633.25RSM13FAC M, L, B 97 22-11-13-25-0100-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)Ea. 25.0000 $2.25 $56.25RSM13FAC L, B 98 22-11-13-44-3320 Pipe, steel, schedule 40, A-53 grade, flanged, 150 lb. weld neck, on yoke and rollhangers, sized for covering, 10' O.C., black, 2" diameterL.F. 200.0000 $33.57 $6,714.00RSM13FAC M, L, E, BPiping for Fire Protection 99 22-11-13-44-3320-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)L.F. 200.0000 $1.79 $358.00RSM13FAC L, B 100 22-11-13-44-3320-4140 Labor adjustment factors, add to labor for working in existing occupied buildings,office building (Modified using 22-01-02-20-4140)L.F. 200.0000 $4.46 $892.00RSM13FAC L, B 101 22-41-16-30-3200 Sinks, including faucets and drain, kitchen, counter top style, stainless steel, selfrimming, 33" x 22" double bowlEa. 1.0000 $1,112.00 $1,112.00RSM13FAC M, L, B22 - Plumbing Total $11,484.9023 - Heating, Ventilating, and Air-Conditioning (HVAC) 102 23-05-05-10-1610 HVAC demolition, ductwork, flex, prefabricated L.F. 739.5000 $1.54 $1,138.83RSM13FAC L, BCalculated removing 75% of the installed total986*.75 = 739.50 103 23-05-05-10-2170 HVAC demolition, flue shutter damper Ea. 50.0000 $96.00 $4,800.00RSM13FAC L, BRemoved From Existing 104 23-31-13-16-5420 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 6" diameter, 26 gaugeL.F. 49.0000 $4.70 $230.30RSM13FAC M, L, B29+20 = 49.00 105 23-31-13-16-5420-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 49.0000 $0.27 $13.23RSM13FAC L, B29+20 = 49.00 106 23-31-13-16-5430 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 8" diameter, 26 gaugeL.F. 448.0000 $6.45 $2,889.60RSM13FAC M, L, B211+237 = 448.00Page 9 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor23 - Heating, Ventilating, and Air-Conditioning (HVAC)ItemQuantityUnit CostDescription UM Total Book 107 23-31-13-16-5430-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 448.0000 $0.38 $170.24RSM13FAC L, B211+237 = 448.00 108 23-31-13-16-5440 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 10" diameter, 26 gaugeL.F. 167.0000 $8.06 $1,346.02RSM13FAC M, L, B73+94 = 167.00 109 23-31-13-16-5440-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 167.0000 $0.48 $80.16RSM13FAC L, B73+94 = 167.00 110 23-31-13-16-5450 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 12" diameter, 26 gaugeL.F. 207.0000 $10.30 $2,132.10RSM13FAC M, L, B94+113 = 207.00 111 23-31-13-16-5450-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 207.0000 $0.64 $132.48RSM13FAC L, B94+113 = 207.00 112 23-31-13-16-5460 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 14" diameter, 24 gaugeL.F. 80.0000 $14.15 $1,132.00RSM13FAC M, L, B15+65 = 80.00 113 23-31-13-16-5460-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 80.0000 $0.96 $76.80RSM13FAC L, B15+65 = 80.00 114 23-31-13-16-5480 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 16" diameter, 24 gaugeL.F. 27.0000 $18.85 $508.95RSM13FAC M, L, B 115 23-31-13-16-5480-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 27.0000 $1.28 $34.56RSM13FAC L, B 116 23-31-13-16-5490 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 18" diameter, 24 gaugeL.F. 8.0000 $22.15 $177.20RSM13FAC M, L, B 117 23-31-13-16-5490-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 8.0000 $1.54 $12.32RSM13FAC L, B 118 23-31-13-16-5820 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, connector,6" diameterEa. 3.0000 $11.90 $35.70RSM13FAC M, L, BPage 10 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor23 - Heating, Ventilating, and Air-Conditioning (HVAC)ItemQuantityUnit CostDescription UM Total Book 119 23-31-13-16-5820-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 3.0000 $0.87 $2.61RSM13FAC L, B 120 23-31-13-16-5840 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, connector,8" diameterEa. 25.0000 $13.45 $336.25RSM13FAC M, L, B 121 23-31-13-16-5840-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 25.0000 $0.99 $24.75RSM13FAC L, B 122 23-31-13-16-5860 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, connector,10" diameterEa. 8.0000 $15.15 $121.20RSM13FAC M, L, B 123 23-31-13-16-5860-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 8.0000 $1.10 $8.80RSM13FAC L, B 124 23-31-13-16-5880 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, connector,12" diameterEa. 11.0000 $20.05 $220.55RSM13FAC M, L, B 125 23-31-13-16-5880-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 11.0000 $1.54 $16.94RSM13FAC L, B 126 23-31-13-16-6380 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 45°,12" diameterEa. 3.0000 $68.20 $204.60RSM13FAC M, L, B 127 23-31-13-16-6380-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 3.0000 $5.90 $17.70RSM13FAC L, B 128 23-31-13-16-6630 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 90°,8" diameterEa. 11.0000 $33.15 $364.65RSM13FAC M, L, B 129 23-31-13-16-6630-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 11.0000 $2.75 $30.25RSM13FAC L, B 130 23-31-13-16-6640 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 90°,10" diameterEa. 3.0000 $49.90 $149.70RSM13FAC M, L, B 131 23-31-13-16-6640-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 3.0000 $4.25 $12.75RSM13FAC L, B 132 23-31-13-16-6650 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 90°,12" diameterEa. 7.0000 $68.25 $477.75RSM13FAC M, L, BPage 11 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor23 - Heating, Ventilating, and Air-Conditioning (HVAC)ItemQuantityUnit CostDescription UM Total Book 133 23-31-13-16-6650-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 7.0000 $5.90 $41.30RSM13FAC L, B 134 23-31-13-16-6660 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 90°,14" diameterEa. 4.0000 $85.85 $343.40RSM13FAC M, L, B 135 23-31-13-16-6660-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 4.0000 $7.00 $28.00RSM13FAC L, B 136 23-31-13-16-6676 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 90°,18" diameterEa. 1.0000 $110.00 $110.00RSM13FAC M, L, B 137 23-31-13-16-6676-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 1.0000 $8.00 $8.00RSM13FAC L, B 138 23-31-13-16-9060 Round and flat-oval spiral ducts, spiral preformed, steel, PVC coated both sides,reducing coupling, 8" x 6"Ea. 1.0000 $38.70 $38.70RSM13FAC M, L, B 139 23-31-13-16-9060-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 1.0000 $1.92 $1.92RSM13FAC L, B 140 23-31-13-16-9100 Round and flat-oval spiral ducts, spiral preformed, steel, PVC coated both sides,reducing coupling, 12" x 10"Ea. 3.0000 $55.50 $166.50RSM13FAC M, L, B 141 23-31-13-16-9100-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 3.0000 $3.20 $9.60RSM13FAC L, B 142 23-31-13-16-9140 Round and flat-oval spiral ducts, spiral preformed, steel, PVC coated both sides,reducing coupling, 16" x 14"Ea. 1.0000 $74.50 $74.50RSM13FAC M, L, B 143 23-31-13-16-9140-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 1.0000 $4.25 $4.25RSM13FAC L, B 144 23-31-13-16-9160 Round and flat-oval spiral ducts, spiral preformed, steel, PVC coated both sides,reducing coupling, 18" x 16"Ea. 1.0000 $87.00 $87.00RSM13FAC M, L, B 145 23-31-13-16-9160-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 1.0000 $4.80 $4.80RSM13FAC L, B 146 23-37-13-60-4350 Registers, air supply, spiral pipe supply register, aluminum, double deflection,with damper extractor, 6" x 18", for 8" thru 12" diameter ductEa. 53.0000 $114.00 $6,042.00RSM13FAC M, L, B 147 23-37-13-60-4350-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)Ea. 53.0000 $2.35 $124.55RSM13FAC L, BPage 12 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor23 - Heating, Ventilating, and Air-Conditioning (HVAC)ItemQuantityUnit CostDescription UM Total Book 148 23-51-13-13-5550 Draft-induction fans, flue blade style damper for draft control, locking quadrantblade, 8" sizeEa. 53.0000 $501.00 $26,553.00RSM13FAC M, L, B 149 23-62-13-10-0050 Packaged air-cooled refrigerant condensing units, condensing unit, air cooled,compressor, standard controls, 1.5 tonEa. 1.0000 $1,575.00 $1,575.00RSM13FAC M, L, B 150 23-63-13-10-1590-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)Ea. 1.0000 $21.50 $21.50RSM13FAC L, B23 - Heating, Ventilating, and Air-Conditioning (HVAC) Total $52,133.0126 - Electrical 151 26-05-05-10-0200 Electrical demolition, conduit to 15' high, including fittings and hangers, electricmetallic tubing (EMT), 1/2" to 1"L.F. 3,015.0000 $1.64 $4,944.60RSM13FAC L, O&PRemove conduit at walls and ceiling as required(15+3000) = 3,015.00 152 26-05-05-10-1740 Electrical demolition, pull boxes and cabinets, handy box Ea. 40.0000 $6.05 $242.00RSM13FAC L, O&PRemove boxes at FA strobe and pull 153 26-05-05-10-1780 Electrical demolition, pull boxes and cabinets, receptacle and switch plates Ea. 47.0000 $1.63 $76.61RSM13FAC L, BSwitches and Outlets16+31 = 47.00 154 26-05-05-10-1830Electrical demolition, wire, THW-THWN-THHN, removed from in place conduit, to15' high, #14C.L.F. 0.3000 $9.95 $2.99RSM13FAC L, O&PRemove FA strobe and pull wiring(2*15)/100 = 0.30 155 26-05-05-10-1840Electrical demolition, wire, THW-THWN-THHN, removed from in place conduit, to15' high, #12C.L.F. 90.4500 $7.60 $687.42RSM13FAC L, B3015*3/100 = 90.45 156 26-05-05-10-2420-9930 Electrical demolition, add to labor for higher elevated installation, 25' to 30' high,add (Modified using 26-05-05-10-9930)Ea. 1.0000 $6.00 $6.00RSM13FAC L, B 157 26-05-05-20-3300 Electrical demolition, wiring methods, data system, cable with connection Ea. 20.0000 $8.40 $168.00RSM13FAC L, B 158 26-05-19-90-0050 Wire, 600 volt, copper type THW, stranded, #14 C.L.F. 8.8800 $41.80 $371.18RSM13FAC M, L, BFire alarm wire296/100*3 = 8.88 159 26-05-19-90-0100 Wire, 600 volt, copper type THW, stranded, #12 C.L.F. 86.7900 $52.25 $4,534.78RSM13FAC M, L, BLF x 3 for wire2893/100*3 = 86.79 160 26-05-19-90-0120 Wire, 600 volt, copper type THW, stranded, #10 C.L.F. 13.3800 $64.50 $863.01RSM13FAC M, L, BPage 13 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor26 - ElectricalItemQuantityUnit CostDescription UM Total BookLF x 3446/100*3 = 13.38 161 26-05-19-90-1300 Wire, 600 volt, copper type THWN-THHN, stranded, #8 C.L.F. 1.6200 $89.50 $144.99RSM13FAC M, L, B54/100*3 = 1.62 162 26-05-29-20-4700 Hangers, channels, junction box, 2 channel Ea. 8.0000 $84.00 $672.00RSM13FAC M, L, BElec and data combined2+6 = 8.00 163 26-05-33-13-2731 Conduit, to 15' high, steel, intermediate conduit (IMC), field bends, 45° to 90°,1/2" diameterEa. 100.0000 $9.55 $955.00RSM13FAC L, B 164 26-05-33-13-2732 Conduit, to 15' high, steel, intermediate conduit (IMC), field bends, 45° to 90°,3/4" diameterEa. 75.0000 $10.50 $787.50RSM13FAC L, B 165 26-05-33-13-5000 Conduit, to 15' high, includes 2 terminations, 2 elbows, 11 beam clamps, and 11couplings per 100 L.F., electric metallic tubing (EMT), 1/2" diameterL.F. 296.0000 $3.09 $914.64RSM13FAC M, L, B 166 26-05-33-13-5000-9910 Conduit, to 15' high, add to labor for higher elevated installation, 15' to 20' high,add (Modified using 26-05-33-13-9910)L.F. 296.0000 $0.25 $74.00RSM13FAC L, B 167 26-05-33-13-5020 Conduit, to 15' high, includes 2 terminations, 2 elbows, 11 beam clamps, and 11couplings per 100 L.F., electric metallic tubing (EMT), 3/4" diameterL.F. 2,893.0000 $4.18 $12,092.74RSM13FAC M, L, B 168 26-05-33-13-5020-9910 Conduit, to 15' high, add to labor for higher elevated installation, 15' to 20' high,add (Modified using 26-05-33-13-9910)L.F. 2,893.0000 $0.32 $925.76RSM13FAC L, B 169 26-05-33-13-5040 Conduit, to 15' high, includes 2 terminations, 2 elbows, 11 beam clamps, and 11couplings per 100 L.F., electric metallic tubing (EMT), 1" diameterL.F. 446.0000 $5.34 $2,381.64RSM13FAC M, L, B 170 26-05-33-13-5040-9910 Conduit, to 15' high, add to labor for higher elevated installation, 15' to 20' high,add (Modified using 26-05-33-13-9910)L.F. 446.0000 $0.37 $165.02RSM13FAC L, B 171 26-05-33-13-5100 Conduit, to 15' high, includes 2 terminations, 2 elbows, 11 beam clamps, and 11couplings per 100 L.F., electric metallic tubing (EMT), 2" diameterL.F. 272.0000 $9.94 $2,703.68RSM13FAC M, L, BConduit for Cat6 and #8's218+54 = 272.00 172 26-05-33-13-5100-9910 Conduit, to 15' high, add to labor for higher elevated installation, 15' to 20' high,add (Modified using 26-05-33-13-9910)L.F. 54.0000 $0.53 $28.62RSM13FAC L, B 173 26-05-43-20-0600 Underfloor duct, duct, 1-3/8" x 7-1/4", super duct L.F. 30.0000 $40.90 $1,227.00RSM13FAC M, L, BConf. Room 174 26-05-43-20-1000 Underfloor duct, junction box, single duct, 1 level, 7-1/4" Ea. 2.0000 $645.00 $1,290.00RSM13FAC M, L, BConf Room 175 26-05-90-10-2280 Residential wiring, switch devices, including box and cover plate, 20' averageruns, single pole, 20 amp, #12/2, EMT and wireEa. 15.0000 $130.00 $1,950.00RSM13FAC M, L, BPage 14 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor26 - ElectricalItemQuantityUnit CostDescription UM Total Book 176 26-05-90-10-2380 Residential wiring, switch devices, including box and cover plate, 20' averageruns, single pole, 3-way rotary dimmer, #14/2, EMT and wireEa. 6.0000 $144.00 $864.00RSM13FAC M, L, B 177 26-05-90-10-4100-4500 Residential wiring, weather-proof cover for above receptacles, add (Modifiedusing 26-05-90-10-4500)Ea. 1.0000 $17.89 $17.89RSM13FAC M, L, BExterior Roof Outlet 178 26-05-90-10-4130 Residential wiring, receptacle devices, including box and cover plate, 20' averageruns, duplex outlet, 20 amp receptacle, #12/2, EMT and wireEa. 76.0000 $133.50 $10,146.00RSM13FAC M, L, BDuplex, floor, GFI,57+5+14 = 76.00 179 26-05-90-10-8090 Residential wiring, residential equipment, disposal hook-up, including switch,outlet box, 3' of flex, 20 amp 1 pole circuit breaker, and 25' of #12/2, EMT andwireEa. 2.0000 $141.50 $283.00RSM13FAC M, L, B 180 26-05-90-10-9150 Residential wiring, heating and or air conditioning, air conditioner hook-up,including local 60 amp disconnect switch, 3' sealtite, 40 amp, 2 pole circuitbreaker, 40' of #8/2, EMT and wireEa. 1.0000 $562.00 $562.00RSM13FAC M, L, B 181 26-09-23-10-0100 Energy saving lighting devices, occupancy sensors, passive infrared ceilingmountedEa. 11.0000 $172.00 $1,892.00RSM13FAC Grn, M, L, B 182 26-09-23-10-0150 Energy saving lighting devices, automatic wall switches Ea. 5.0000 $83.95 $419.75RSM13FAC Grn, M, L, B 183 26-24-16-30-2250 Panelboards commercial applications, NQOD panel, with 20 amp, 1 pole, circuitbreakers, 4 wire, 120/208 volt with main circuit breaker, 225 amp main, 42circuitsEa. 1.0000 $3,875.00 $3,875.00RSM13FAC M, L, B 184 26-27-26-20-2482 Wiring devices elements, receptacle, duplex, ground fault interrupting, 20 amp Ea. 14.0000 $55.05 $770.70RSM13FAC M, L, B 185 26-27-26-20-2542 Wiring devices elements, receptacle, isolated ground receptacle, quad, 20 amp Ea. 19.0000 $64.50 $1,225.50RSM13FAC M, L, B 186 26-51-13-40-1820 Interior HID fixtures, including lamps, and mounting hardware, metal halide,pendent, round, 250 wattEa. 1.0000 $1,035.00 $1,035.00RSM13FAC M, L, BMain Lobby Fixture Pendant 187 26-51-13-50-0300 Interior lighting fixtures, including lamps, mounting hardware and connections,fluorescent, cool white lamps, troffer, recess mounted in grid, rapid start, acryliclens, 2' wide x 2' long, two U40 wattEa. 1.0000 $124.00 $124.00RSM13FAC M, L, B 188 26-51-13-50-3535 Interior lighting fixtures, including lamps, mounting hardware and connections,fluorescent, downlight, recess mountedEa. 6.0000 $197.50 $1,185.00RSM13FAC Grn, M, L, B 189 26-53-13-10-0100 Exit lighting fixtures, exit light ceiling or wall mount, incandescent, double face Ea. 6.0000 $101.00 $606.00RSM13FAC M, L, B26 - Electrical Total $61,215.02Page 15 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd FloorItemQuantityUnit CostDescription UM Total Book27 - Communications 190 27-15-13-13-7242 Communication cables, high performance unshielded twisted pair (UTP), cable,category 6, #24, 4 pair solid, plenumC.L.F. 2.1800 $84.00 $183.12RSM13FAC M, L, B218/100 = 2.18 191 27-15-43-13-0120 Communication outlets, excluding voice or data devices, voice or data outlets,single openingEa. 30.0000 $16.60 $498.00RSM13FAC M, L, B27 - Communications Total $681.1228 - Electronic Safety and Security 192 28-31-23-50-5610 Alarm panels and devices, excluding wires and conduit, fire, strobe and horn(ADA type)Ea. 13.0000 $228.00 $2,964.00RSM13FAC M, L, B 193 28-31-46-50-5200 Smoke detectors, excluding wires and conduit, smoke detector, ceiling type Ea. 20.0000 $175.50 $3,510.00RSM13FAC M, L, B 194 28-31-46-50-5400Smoke detectors, excluding wires and conduit, smoke detector, duct type Ea. 5.0000 $451.00 $2,255.00RSM13FAC M, L, B28 - Electronic Safety and Security Total $8,729.00Alternates 195 08-12-13-13-0100 R&R - Standard hollow metal frames, steel, knock down, 16 gauge, up to 5-3/4"jamb depth, 7'-0" high, 3'-0" wide, singleEa. 11.0000 $67.50 $742.50CUSTOM L, BLabor Adjustment: 150% of $45.00 = $67.50------------------------------Using Bare Cost PricingBare Costs: (M:$149.00 L:$45.00 E: O:16.00 LH:1.000) 196 09-51-23-10-1150 R&R - Suspended acoustic ceiling tiles, excluding suspension system, mineralfiber tile, lay-in, 2' x 2' or 2' x 4', 5/8" thick, tegular, fine texturedS.F. 4,935.0000 $1.88 $9,277.80CUSTOM L, O&PRemove and reinstall ACT for above ceiling workLabor Adjustment: 150% of $1.25 = $1.88------------------------------Using O&amp;P PricingBare Costs: (M:$1.58 L:$0.76 E: O:470.00 LH:0.017)O&amp;P Labor Calc = O&amp;P Total - (Bare Material + 10.000%) - (Bare Equipment + 10.000%)$2.99 - $1.74 - $0.00 = $1.25Labor w/CCI = $1.25 * 100.000% = $1.25 197 11-31-13-33-2750 R&R - Kitchen cleaning equipment, dishwasher, built-in, two cycles, minimum Ea. 1.0000 $324.00 $324.00CUSTOM L, BLabor Adjustment: 150% of $216.00 = $324.00------------------------------Using Bare Cost PricingBare Costs: (M:$227.00 L:$216.00 E: O:4.00 LH:4.000)Page 16 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd FloorAlternatesItemQuantityUnit CostDescription UM Total Book 198 23-37-13-60-4350R&R - Registers, air supply, spiral pipe supply register, aluminum, doubledeflection, with damper extractor, 6" x 18", for 8" thru 12" diameter ductEa. 50.0000 $35.25 $1,762.50CUSTOM L, BLabor Adjustment: 150% of $23.50 = $35.25------------------------------Using Bare Cost PricingBare Costs: (M:$90.50 L:$23.50 E: O:18.00 LH:0.444) 199 23-37-13-60-4350-1080 R&R - Labor adjustment factors, add to labor for elevated installation, above floorlevel, 10' to 14.5' high (Modified using 22-01-02-20-1080)Ea. 50.0000 $3.53 $176.50CUSTOM L, BLabor Adjustment: 150% of $2.35 = $3.53------------------------------Using Bare Cost PricingBare Costs: (M: L:$2.35 E: O: LH:) 200 26-51-13-50-1500 R&R - Interior lighting fixtures, including lamps, mounting hardware andconnections, fluorescent, surface mounted, rapid start, acrylic lens with hingedand latched door frame, 2' wide x 4' long, four 40 wattEa. 30.0000 $118.50 $3,555.00CUSTOM L, BLabor Adjustment: 150% of $79.00 = $118.50------------------------------Using Bare Cost PricingBare Costs: (M:$80.50 L:$79.00 E: O:5.30 LH:1.509) 201 28-31-23-50-5600 R&R - Alarm panels and devices, excluding wires and conduit, fire, strobe andhornEa. 1.0000 $183.15 $183.15CUSTOM L, O&PRemove and reinstall FA strobe at new exterior door openingLabor Adjustment: 150% of $122.10 = $183.15------------------------------Using O&amp;P PricingBare Costs: (M:$149.00 L:$79.00 E: O:5.30 LH:1.509)O&amp;P Labor Calc = O&amp;P Total - (Bare Material + 10.000%) - (Bare Equipment + 10.000%)$286.00 - $163.90 - $0.00 = $122.10Labor w/CCI = $122.10 * 100.000% = $122.10 202 28-31-23-50-7000 R&R - Alarm panels and devices, excluding wires and conduit, fire, break glassstationEa. 1.0000 $121.58 $121.58CUSTOM L, O&PRemove and reinstall FA pull at new exterior door opening; no LI for pull, use in lieu of...Labor Adjustment: 150% of $81.05 = $121.58------------------------------Using O&amp;P PricingBare Costs: (M:$54.50 L:$52.50 E: O:8.00 LH:1.000)O&amp;P Labor Calc = O&amp;P Total - (Bare Material + 10.000%) - (Bare Equipment + 10.000%)$141.00 - $59.95 - $0.00 = $81.05Labor w/CCI = $81.05 * 100.000% = $81.05Alternates Total $16,143.03Page 17 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd FloorAlternatesItemQuantityUnit CostDescription UM Total BookEstimate Grand Total 349,337.02Page 18 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Second Floor Improvements, Lot 1r Blk A Primrose School of Coppell (Town Center Business Park) 265 Parkway Blvd, Coppell, Tx Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2012.dwg \PARKWAY 265 2nd Fl Created on: 21 June 2013 by Scott Latta 1/2 1 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1130 File ID: Type: Status: 2013-1130 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 06/20/2013File Created: 07/09/2013Final Action: City Manager ReportFile Name: Title: Project Updates and Future Agendas. Notes: Agenda Date: 07/09/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Read and Filed07/09/2013City Council Read and Filed City Manager Clay Phillips reported the Sandy Lake Road Project has begun. He also announced that the slab work at the Nature Center has been poured. At the Square in Old Town, the underground plumbing for the fountains have been installed. With regards to the Bethel Road Project, staff was meeting with Mr. Glass who spoke during Citizens' Appearance. Mr. Phillips reassured the Council that the project had not been placed behind other projects; that it was still on schedule. Concerning Future Agendas, Mr. Phillips reminded Council of the upcoming Budget Workshops on July 11, July 16 and July 29. At the next Council meeting, a representative from Hahn, TX will present Phase I of the Branding Study. Action Text: Text of Legislative File 2013-1130 Title Project Updates and Future Agendas. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1130) Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1132 File ID: Type: Status: 2013-1132 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 06/20/2013File Created: 07/09/2013Final Action: Mayor and Council ReportsFile Name: Title: A.Report by Councilmember Mays on the Transportation and Infrastructure Summit in Irving. B.Report by Mayor Pro Tem Billy Faught on the Spirit of Coppell Festivities. Notes: Agenda Date: 07/09/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Read and Filed07/09/2013City Council Read and Filed A. Councilmember Mays was going to promote the upcoming Transportation and Infrastructure Summit, however he decided to defer until after the Summit. He reported the special speaker at the Summit will be the Google Program Director for the Google Car who will present on the self-driving, pilot-less car. B. Mayor Pro Tem Faught reported on the Spirit of Coppell Festivities. The event was incredibly attended and continued streaming in all night. Mayor Pro Tem Faught thanked all of the staff for the hard work putting the weekend's events on and for providing enough candy and trinkets for the parade. Action Text: Text of Legislative File 2013-1132 Title Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1132) A.Report by Councilmember Mays on the Transportation and Infrastructure Summit in Irving. B.Report by Mayor Pro Tem Billy Faught on the Spirit of Coppell Festivities. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017