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BP 2014-04-07 CRDCCOPPELL RECREATION DEVELOPMENT CORPORATION NOTICE OF MEETING April 7, 2014 Meeting Time: 6:30 p.m. Meeting Place: Coppell Road Service Center 816 S. Coppell Road Coppell, Texas 75019 Notice is hereby given that the Coppell Recreation Development Corporation (CRDC) will have a regular meeting at 6:30 p.m. on Monday, April 7, 2014, in the meeting room at the Coppell Road Service Center. The purpose of the meeting is to consider the following items: AGENDA Item 1: Call the meeting to order. Item 2: Citizen’s Forum. Citizens should complete a Citizen’s Appearance Form. Pursuant to the State Open Meetings Law, the Board is restricted in discussing or taking action on items not posted on the Agenda. Action on your statement can only be taken at future meetings. Item 3: Consider approval of the minutes from the March 3, 2014, and March 10, 2014, meetings. Item 4: Consider approval of modifications and updates to the Articles of Incorporation and CRDC Bylaws related to reauthorization of the ½ cent sales tax. Item 5: Consider approval of a resolution authorizing application to the City Council for approval of the restated certificate for formation with new amendments. Item 6: Update regarding the financial status of the CRDC. Item 7: Update regarding the potential procurement of Project Management Services related to ½ cent sales tax project implementation. Item 8: Consider approval of award of a professional services agreement with Hidell and Associates Architects in the amount not to exceed $477,185.00, to provide architectural and engineering services related to design, construction documents, and construction administration for renovations and additions to the William T. Cozby Public Library, and authorizing the President to sign the necessary documents. Item 9: Consider approval of award of a professional services agreement with Brown Reynolds Watford Architects, Inc., in an amount not to exceed $578,850.00, to provide architectural and engineering services related to design, construction documents, and construction administration for the Life Safety Park, and authorizing the President to execute the necessary documents. Item 10: Consider approval of award of a professional services agreement with Alliance Geotechnical Group, in the amount of $13,623.00, to provide materials inspection and lab testing services related to the Sandy Lake Road Hike & Bike Trail Extension, and authorizing the President to execute the necessary documents. Item 11: Director's Report • Project Update Item 12: Chair Report • Future Agenda Items Item 13: Adjourn CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 4th day of April, 2014 at _______ pm. _____________________________________ Rachel Henderson, Administrative Technician 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 make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator, or other designated official at (972) 462-0022 or TDD 1-800-RELAY, TX, 1-800-735-2989). COPPELL RECREATION DEVELOPMENT CORPORATION MEETING MINUTES March 3, 2014 Meeting Time: Immediately following the 6:30 p.m. Parks and Recreation Board Meeting Meeting Place: Coppell Road Service Center 816 S. Coppell Road Coppell, Texas 75019 Members Present: Jack Clark, Maureen Corcoran, Greg Garcia, Ed Guignon, Philip Houm, Biju Mathew, Lisa Montes, and Bill Whitehill Staff Present: Brad Reid, Guy McLain, Doug Kratz, John Elias, Cecilia Gandara, and Rachel Henderson AGENDA Item 1: Call the meeting to order. • Mr. Garcia called the meeting to order at 7:30 p.m. Item 2: Citizen’s Forum. Citizens should complete a Citizen’s Appearance Form. Pursuant to the State Open Meetings Law, the Board is restricted in discussing or taking action on items not posted on the Agenda. Action on your statement can only be taken at future meetings. • None present Item 3: Consider approval of the minutes from February 3, 2014 meeting • Mr. Guignon made a motion to approve. • Mr. Clark seconded the motion. All in favor. Approved. Item 4: Update and discussion related to the current status of the half cent sales tax qualifying projects, along with efforts to keep the public informed • Mr. Mario Canizares discussed the current status of the half cent sales tax qualifying projects. He also displayed the on-line brochure that will be included on the City’s website, and will be kept updated as the various projects progress. Item 5: Consider approval of award of a professional services agreement with Dunaway Associates, L.P., in the amount of $1,546,200.00, to provide architectural and engineering services related to the Phase I redevelopment of the Andrew Brown Park System, and authorizing the President to sign the necessary documents. • Mr. Guignon made a motion to approve. • Ms. Corcoran seconded the motion. Three members voted in favor, and four members abstained. The motion failed without affirmation. Item 6: Discussion related to partnering with the Coppell Independent School District on adding synthetic turf to the Coppell Middle School North campus • The board discussed partnering with the Coppell Independent School District on adding synthetic turf to the Coppell Middle School North campus. Item 7: Director's Report • No items at this time. Item 8: Chair Report • No items at this time. Item 9: Adjourn • The meeting adjourned at 9:05 p.m. Greg Garcia, President Rachel Henderson, Recording Secretary COPPELL RECREATION DEVELOPMENT CORPORATION SPECIAL MEETING MINUTES March 10, 2014 Meeting Time: 6:30 p.m. Meeting Place: Coppell Road Service Center 816 S. Coppell Road Coppell, Texas 75019 Members Present, Jack Clark, Maureen Corcoran, Greg Garcia, Ed Guignon, Philip Houm, Biju Mathew, Lisa Montes, Bill Whitehill, and Prerana Ramadurgum Staff Present: Brad Reid, Guy McLain, Doug Kratz, John Elias, and Rachel Henderson AGENDA Item 1: Call the meeting to order. • Mr. Garcia called meeting to order at 6:30 p.m. Item 2: Citizen’s Forum. Citizens should complete a Citizen’s Appearance Form. Pursuant to the State Open Meetings Law, the Board is restricted in discussing or taking action on items not posted on the Agenda. Action on your statement can only be taken at future meetings. • None present Item 3: Consider approval of award of a professional services agreement with Dunaway Associates, L.P., in the amount of $1,546,200.00, to provide architectural and engineering services related to the Phase I redevelopment of the Andrew Brown Park System, and authorizing the President to sign the necessary documents. • Mr. Clark made a motion to approve. • Ms. Corcoran seconded the motion. Five members voted in favor, and two members abstained. Approved. Item 4: Adjourn • The meeting adjourned at 6:50 p.m. Greg Garcia, President Rachel Henderson, Recording Secretary -1- <ARTICLES>RESTATED CERTIFICATE OF <INCORPORATION>FORMATION | WITH NEW AMENDMENTS | OF COPPELL <ECONOMIC>RECREATION DEVELOPMENT CORPORATION | <We, the undersigned natural persons over the age of eighteen (18) and qualified electors of the City of Coppell, Texas acting as incorporators, adopt the following Articles of Incorporation>The original articles of incorporation of <the >Coppell <Economic>Recreation | Development Corporation are restated and amended as set forth below.| ARTICLE I NAME The name of the corporation is the Coppell <Economic>Recreation Development | Corporation. ARTICLE II STATUS The Corporation is a non-profit corporation. The Corporation is a non-stock corporation and has no members. ARTICLE III DURATION The period of its duration is perpetual. ARTICLE IV PURPOSES The purpose or purposes for which the Corporation is organized and may issue bonds is for any purpose authorized by Section 4B, Article 5190.6, Vernon's Revised Civil Statutes, as amended, the Development Corporation Act of 1979, <but limited to,>now codified as Title 12, Subtitle C1,| Texas Local Government Code, as amended, including the construction and development of an all- | season aquatic facility, a community multi-purpose recreation facility, a new athletic complex, and the first phase of a hike and bike trail system and may contract with other existing private corporations to carry out industrial development programs consistent with the purposes and duties as set out in the Development Corporation Act of 1979, and including projects for youth and adult | amateur athletics, entertainment and public gathering facilities and venues, exhibition and museum | facilities, public park purposes and events and park and recreational facilities, open space | improvements, hike and bike trails, parking facilities and greenway and open space, including | projects in support of the Coppell 2030 strategic vision adopted March 10, 2009, for the | redevelopment of the Andrew Brown park system, expansion of the library building for Type B | purposes, additional hike and bike trails, youth and adult athletic facilities and Life Safety Park and | -2- related facilities, related infrastructure for any such projects described above and other related | improvements that enhance any of the items described above, and the maintenance and operation | expenses for any of the above described projects.| ARTICLE V REGISTERED OFFICE/AGENT The street address of the initial registered office of the Corporation is c/o City Manager, 255 Parkway Boulevard, Coppell, Texas 75019, and the name of its <initial >registered agent at such address is <Jim Witt>Christel Pettinos.| ARTICLE VI DIRECTORS The number of directors constituting the initial Board of Directors is seven, and the names and addresses and initial terms of office of the persons who are to serve as the initial directors are: <>| NAME ADDRESS TERM | Kip Allison 464 Halifax, Coppell, Texas 75019 2 years Sandra Edwards 241 Whispering Hills, Coppell, Texas 75019 2 years Elizabeth Barger 719 Clayton Circle, Coppell, Texas 75019 2 years Timothy Higgins 306 Lodge Road, Coppell, Texas 75019 2 years Jim Still 726 Oriole Lane, Coppell, Texas 75019 2 years Andrew Wagner 601 Wellington Road, Coppell, Texas 75019 2 years Mary Williams 755 Pelican Lane, Coppell, Texas 75019 2 years Directors are appointed and serve at the pleasure of the City Council of the City of Coppell. A Director may be removed by the City Council of the City of Coppell at any time without cause. Directors shall serve without compensation except that they shall be entitled to reimbursement for expenses incurred in the performance of their duties as Directors. ARTICLE VII INCORPORATORS The name and street address of the incorporators are Don B. Manson, 821 Parkway Boulevard, Coppell, Texas 75019; Jim Witt, 255 Parkway Boulevard, Coppell, Texas 75019; and Clay Phillips, 255 Parkway Boulevard, Coppell, Texas 75019. ARTICLE VIII AUTHORIZATION The City Council of the City of Coppell, Texas, has specifically authorized <the f>and | approved this Restated Certificate of Formation with New Amendments of the Coppell | -3- <Economic>Recreation Development Corporation, a non-profit corporation, by <R>a resolution | <approving the form of these Articles of Incorporation>adopted April 22, 2014.| ARTICLE IX ELIGIBILITY That the City of Coppell is a City with a population of fewer than 50,000 according to the most recent federal decennial census that is located within the territorial limits but has not elected to become a part of a metropolitan rapid transit authority that has a principal city with a population of more than 750,000 according to the most recent federal decennial census, with such authority being created under Chapter 452 of the Texas Transportation Code and the creation of this Corporation <is>was authorized under the provision of Section 4B, Article 5190.6, the Development | Corporation Act of 1979, Vernon's Revised Civil Statutes, as amended, and the Corporation shall be governed by that Section as now set forth in Title 12, Subtitle C1, Texas Local Government | Code, as amended.| ARTICLE X AMENDMENTS The Articles of Incorporation may at any time, and from time to time, be amended by the following: a. the Board of Directors shall file with the City Council of the City of Coppell, Texas, a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application, the proposed amendments. City Council shall consider such application and, if deemed appropriate shall approve the form of the proposed amendments. The Board of Directors of the Corporation may then amend the Articles of Incorporation by adopting such amendment at a meeting of the Board of Directors and delivering the Amended or restated Articles of Incorporation Secretary of State, or b. the City Council of the City of Coppell, Texas may, at its sole discretion, amend these Articles of Incorporation, by the adoption of a resolution approving amended or restated Articles of Incorporation. ARTICLE XI DISSOLUTION When the Corporation is dissolved, any interest in any funds or property of any kind, real, personal or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City of Coppell, Texas, after satisfaction or provision for satisfaction of debts and claims. ARTICLE XII CITY APPROVAL -4- All actions of the Corporation are subject to the City Council approval. | | ARTICLE XIII | STATEMENTS | | Article I was changed to reflect the name of the corporation pursuant to a previous | amendment. Article IV is amended to incorporate into the purposes of the corporation the projects | that were approved at an election held on November 5, 2013, and to identify the corporation's | current governing law. Article V was changed to list the current registered agent of the corporation.| Article VIII was changed to state the City Council's approval of this Restated Certificate of | Formation with New Amendments. Article IX was changed to identify the corporation's current | governing law | | The additional amendment to the certificate of formation set forth in Article IV conforms to | Title 12, Subtitle C1, Texas Local Government Code, and is an addition to this Certificate of | Formation.| | This Restatement of the Certificate of Formation and all amendments to the Certificate of | Formation that are in effect and all additional amendments made to the Certificate of Formation; and | this Restatement does not contain any other change to the Certificate of Formation. | | This Restated Certificate of Formation with New Amendments was approved by the City | Council of the City of Coppell, Texas, by resolution adopted April 22, 2014.| | | | _______________________________________| President, Board of Directors | Coppell Recreation Development Corporation | | _______________________________________| Secretary, Board of Directors | Coppell Recreation Development Corporation | | | ACKNOWLEDGMENT | | BEFORE ME, the undersigned authority, on this day personally appeared the foregoing | individuals, to be the persons and officers whose true and genuine signatures were subscribed to the | foregoing instrument in my presence. | | GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of ,| 2014.| | -5- | Notary Public, State of Texas | | BYLAWS OF THE CITY OF COPPELL RECREATION DEVELOPMENT CORPORATION ARTICLE I PURPOSE AND POWERS SECTION 1. REGISTERED OFFICE AND REGISTERED AGENT. a. THE COPPELL RECREATION DEVELOPMENT CORPORATION (the "Corporation") shall have and continuously maintain in the State of Texas a registered office and a registered agent, whose office is identical with such registered office, as required by the Texas Non-Profit Corporation Act, and State law. The Registered Agent for the Corporation shall be the City Secretary subject that the Board of Directors (the "Board") from time to time, may change the registered agent and/or the address of the registered office, subject to City Council approval, provided that such change is appropriately reflected in these Bylaws and in the Articles of Incorporation (the "Articles"). b. The registered office of the Corporation is located at 255 Parkway Boulevard, Coppell, Dallas County, Texas 75019, and at such address is the Corporation, whose mailing address is Post Office Box 9478, Coppell, Texas 75019. Said address shall also serve as the principal office of the Corporation and Board. SECTION 2. PURPOSE. a. The Corporation is a non-profit corporation for the purposes set forth in the Articles, the same to be accomplished on behalf of the City of Coppell, Texas (the "City") as its duly constituted authority and instrumentality in accordance with the Texas Development Corporation Act (DCA) of 1979, Article 5190.6, Section 4B, Tex. Rev. Civ. Stat., Ann., as amended, (the "Act"), and applicable laws of the City of Coppell. The Corporation shall be a non-profit corporation as defined by the Internal Revenue Code 1986, as amended, and the applicable regulations of the United States Treasury Department and the rulings of the Internal Revenue Service of the United States prescribed and promulgated thereunder. b. As used in these Bylaws, "economic development" shall include all projects permissible 2 4/7/2014 by the Act and authorized by the City of Coppell's May 4, 1996 and November 5, 2013 elections. The City specifically authorized expenditures of Section 4B sales tax proceeds for the construction and development of four the following projects: May 4, 1996 Election: • an all-season aquatic facility, • a community multi-purpose recreation facility, • a new athletic complex, and • the first phase of a hike and bike trail system; and November 5, 2013 Election: • To reauthorize, reimpose, extend and adopt a sales and use tax at the rate of one-half of one percent, as approved by the electorate on May 5, 1996, and as authorized by Chapter 505, Type B Corporations, Texas Local Government Code, to undertake projects for youth and adult amateur athletics, entertainment and public gathering facilities and venues, exhibition and museum facilities, public park purposes and events and park and recreational facilities, open space improvements, hike and bike trails, parking facilities and greenway and open space, including projects in support of the Coppell 2030 strategic vision adopted March 10, 2009, for the redevelopment of the Andrew Brown park system, expansion of the library building for Type B purposes, additional hike and bike trails, youth and adult athletic facilities and Life Safety Park and related facilities, related infrastructure for any such projects described above and other related improvements that enhance any of the items described above, and the maintenance and operation expenses for any of the above described projects, with such sales and use tax to be imposed for a period of twenty-five (25) years. SECTION 3. POWERS. a. In the fulfillment of its corporate purpose, the Corporation shall be governed by Section 4B of the Development Corporation Act of 1979, as amended. b. The Corporation shall have all of the powers set forth and conferred in its Articles of Incorporation, and in other applicable laws, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. 3 4/7/2014 ARTICLE II BOARD OF DIRECTORS SECTION 1. NUMBER AND TERM OF OFFICE. a. The property and affairs of the Corporation shall be managed and controlled by the Board and, subject to the restrictions imposed by law, by the Articles and these Bylaws, the Board shall exercise all of the powers of the Corporation. b The Board shall consist of seven (7) Directors, each of whom shall be appointed by the City Council. Each of the Directors shall be a resident of the City. c. Each Director of the Board shall serve a term of two (2) years. d. Each successive member of the Board shall be appointed and serve for two (2) years, or until a successor is appointed, as hereinafter provided. e. Any Director may be removed from office by the City Council, at will. SECTION 2. VACANCIES AND RESIGNATIONS. a. A vacancy in any position of Director which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be appointed as prescribed in Article III, Sec. 1. b. A vacancy in the office of President and Vice President which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be appointed by the Board, with approval by the City Council, for the unexpired portion of the term of that office. c. Any Director may resign at any time. Such resignation shall be made in writing, addressed to the Board and the City Manager, and shall take effect at the time specified therein, or if no time is specified, at the time of its receipt by the Board. SECTION 3. MEETINGS OF DIRECTORS. a, All meetings and deliberations of the Board, or committees, shall be called , convened, held, and conducted. Notice thereof shall be given to the public, in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Local Government Code, as amended. All 4 4/7/2014 meetings shall be conducted in accordance with the Texas Open Meetings Act. b. Any member of the Board, or the City Manager, may have an item placed on the agenda by delivering the same in writing to the Secretary of the Board, no less than seven (7) calendar days prior to the date of the Board meeting. Each agenda of a Board meeting shall contain an item, titled "Citizens Forum" to allow public comment to be made by the general public concerning Board related matters. c. Special meetings of the Board shall be held whenever called by the President, by the Secretary, by a majority of the Directors or by a majority of the City Council. The Secretary shall provide at least one (1) day prior notice to each Director of each special meeting, in person, or by mail, telephone, or fax, d. The Annual meeting of the Board shall be on the 1st Monday in November of each year or an alternate date as determined by the Directors. The Board shall hold regular and special meetings, in the corporate limits of the City, at such place or places as the Board may from time to time determine. SECTION 4. QUORUM. a. A quorum is a majority of the entire membership of the Board (being not less than four (4) members). b. A quorum shall be present for the conduct of the official business of the Corporation. c. The Act of four (4) or more Directors, at a meeting at which a quorum is in attendance, shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by policies or procedures of the Board, City Council resolution or ordinance, or state law. SECTION 5. CONDUCT OF BUSINESS. a. At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with the rules of procedure as from time to time prescribed by the Board. Unless otherwise adopted by the Board, the rules of procedures of the City Council shall be the rules of the procedures for the Board. b. At all meetings of the Board, the President shall preside, and in the absence of the President, the Vice-President shall exercise the powers of the President. 5 4/7/2014 c. The Secretary of the Corporation shall act as Secretary of all meetings of the Corporation. In the absence of the Secretary, the presiding officer may appoint any person to act as secretary of the meeting. d. The Secretary shall keep minutes of the transactions and meetings of the Board and its committee's meetings; and shall cause such official minutes to be recorded in books kept for that purpose in the principal office of the Corporation. e. Should any member of the CRDC choose to abstain from voting on any question before the CRDC, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the CRDC in the official minutes. SECTION 6. COMMITTEES OF THE BOARD. a. An official committee of the Board shall consist of two (2) or more Directors. b. It is provided, however, that all final, official actions of the Corporation may be exercised only by the Board. c. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. SECTION 7. COMPENSATION OF DIRECTORS. a. Directors shall not receive any salary or compensation for their services. b. Directors shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder, including, but not limited to, the cost of travel, lodging and incidental expenses reasonably related to the Corporate duties of the Board. c. Travel expenses incurred by Directors for both regular and special meetings are not eligible for reimbursement. 6 4/7/2014 ARTICLE III OFFICERS SECTION 1. TITLES AND TERM OF OFFICE. a. The Board shall appoint a President and Vice President from its membership. They shall be approved by City Council and shall serve a term of one (1) year. b. The terms of the initial President and Vice President shall be determined by the City Council. c. The President and Vice President shall continue to serve until their successors are appointed. d. All officers shall be subject to removal from office, at any time, by a majority vote of the entire membership of the Board. e. A vacancy in the office of any officer shall be filled by a majority vote of the entire membership of the Board. SECTION 2. THE PRESIDENT. a. The President shall be the Chief Executive Officer of the Corporation, and shall, subject to the authority of the Board and paramount authority and approval of the City Council, preside at all meetings of the Board, and shall sign and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, and notes, and other instruments in the name of the Corporation. b. In addition, the President shall: 1) call both regular and special meetings of the Board and establish the agenda for such; 2) have the right to vote on all matters coming before the Board; 3) have the authority to appoint standing or study committees to aid and assist the Board in its business undertaking or other matters incidental to 7 4/7/2014 the operation and functions of the Board; 4) perform all duties incident to the office, and such other duties as shall be prescribed from time to time by the Board, subject to approval by the City Council; 5) appear before the City Council on a periodic basis to give a report on the status of activities of the Corporation, and; 6) at the direction of the City Council, appear or be represented by his designee, regarding any item being considered by the City Council concerning the Corporation. SECTION 3. VICE PRESIDENT. a. The Vice President shall exercise the powers of the President during that officer's absence or inability to act. b. The Vice President shall also perform other duties as from time to time may be required by the President or the Board. SECTION 4. SECRETARY. a. The Secretary shall keep the minutes of all meetings of the Board, and committees, in books provided for that purpose. b. The Secretary shall give and serve all notices, shall sign with the President in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the Corporation. c. The Secretary shall have charge of the corporate books, records, documents and instruments except the books of account and financial records and securities, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours. d. The Secretary shall, in general, perform all duties incident to the office of Secretary, subject to the control of the Board. 8 4/7/2014 e. The Secretary shall endorse and countersign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank or banks or depositories as shall be designated by the City Council consistent with these Bylaws. SECTION 5. TREASURER a. The Finance Director of the City shall be the Treasurer. b. The Treasurer shall have the responsibility for the handling, custody, and security of all funds and securities of the Corporation. c. When necessary or proper, the Treasurer shall endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations drawn upon such bank or banks or depositories as shall be designated by the City Council consistent with these Bylaws. d. The Treasurer shall see to the entry in the books of the Corporation of full and accurate accounts of all monies received and paid out on account of the Corporation. e. The Treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of the duties in such format and amount as the City Council shall require, by resolution. f. The Treasurer shall submit a monthly report to the Board, in sufficient detail, of all checks or drafts issued on behalf of the Corporation for the previous month. g. The Treasurer shall provide a monthly financial report to the City Council concerning activities of the Corporation in a format consistent with other financial reports of the City. SECTION 6. EX-OFFICIO MEMBERS. The City Manager shall appoint two Ex-Officio members from the City staff as he deems appropriate. These representatives shall have the right to take part in any discussion or open meetings, but shall not have the power to vote. 9 4/7/2014 ARTICLE IV CORPORATE DUTIES SECTION 1. PROJECT DEVELOPMENT PLAN. a. It shall be the duty and obligation of the Board, in coordination with the necessary contracting parties, to research, develop, prepare, finance, and implement a Project Development Plan (PDP). b. In carrying out its obligations under subsection (a), the Corporation shall be authorized to exercise all rights and powers thereof, and with the objective and for the purpose of construction and development of: May 4, 1996 Election: • an all-season aquatic facility, • a community multi-purpose recreation facility, • a new athletic complex, and • the first phase of a hike and bike trail system; and November 5, 2013 Election: • To reauthorize, reimpose, extend and adopt a sales and use tax at the rate of one- half of one percent, as approved by the electorate on May 5, 1996, and as authorized by Chapter 505, Type B Corporations, Texas Local Government Code, to undertake projects for youth and adult amateur athletics, entertainment and public gathering facilities and venues, exhibition and museum facilities, public park purposes and events and park and recreational facilities, open space improvements, hike and bike trails, parking facilities and greenway and open space, including projects in support of the Coppell 2030 strategic vision adopted March 10, 2009, for the redevelopment of the Andrew Brown park system, expansion of the library building for Type B purposes, additional hike and bike trails, youth and adult athletic facilities and Life Safety Park and related facilities, related infrastructure for any such projects described above and other related improvements that enhance any of the items described above, and the maintenance and operation expenses for any of the above described projects, with such sales and use tax to be imposed for a period of twenty- five (25) years. 10 4/7/2014 c. The Board shall periodically submit reports to the City Council as to the status of its activities in carrying out its obligations under this Section. d. Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law, and shall be subject to approval by the City Council. SECTION 2. ATTENDANCE. a. Directors must be present in order to vote at any meeting. Regular attendance at the Board meetings is required of all Directors. The following number of absences shall be grounds for removal of a Director: 1) Three (3) consecutive meetings of the Board. If a board member is absent for three consecutive regularly scheduled meetings, or if a board member is absent for 25 percent of the regularly scheduled meetings within a 12-month period, the position shall be declared vacant and the vacancy shall be filled for the remainder of the unexpired term by the city council within 30 days after the vacancy occurs. SECTION 3. CONFLICT OF INTEREST. a. In the event that a Director is aware of a conflict of interest or potential conflict of interest, with regard to any particular matter of vote coming before the Board, the Director shall bring the same to the attention of the Board and shall abstain from discussion and voting thereof, in accordance with Chapter 171, Texas Local Government Code, as amended. The Director shall execute an affidavit disclosing his conflict of interest on the agenda item. b. Any Director shall bring to the attention of the Board any apparent conflict of interest or potential conflict of interest of any other Director, in which case the Board shall determine whether a true conflict of interest exists before any further discussion or vote shall be conducted regarding that particular matter. Any Director shall bring to the attention of the City Staff any apparent conflict of interest or potential conflict of interest of any other Director, in which case a determination shall be made about whether a true conflict of interest exists. If a true conflict exists, the Director with a conflict shall follow the same procedures as required by subsection (a) of this Section. 11 4/7/2014 c. The Director about whom a conflict of interest question has been raised shall refrain from voting with regard to the determination as to whether a true conflict exists. The Director with a conflict shall refrain from voting on the matter. d. Failure to conform to these requirements herein and policies as may be adopted by the Board is grounds for removal from the Board by the City Council. SECTION 4. IMPLIED DUTIES a. The Corporation is authorized to do that which the Board deems desirable to accomplish any of the purposes or duties set out or alluded to in the Articles, these Bylaws, and in accordance with State law. b. All actions of the Corporation are subject to City Council approval. SECTION 5. BOARD'S RELATIONSHIP WITH THE CITY. a. In accordance with Texas state law, the City Council shall require that the Board be responsible to it for the proper discharge of its duties assigned herein. b. The Board shall determine its policies and directives within the limitations of the duties herein imposed by applicable laws, the Articles, these Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities. Such policies and directives are subject to approval by the City Council. c. Any request for services made to the departments of the City shall be made by the Board or its designee, in writing, to the City Manager. d. The City Manager may approve such request for assistance from the Board when the City Manager finds such requested services are available within the City and that the Board has agreed to reimburse the City for the cost of such services so provided. SECTION 6. CONTRACTS FOR SERVICE. a. The Corporation may, with approval of the City Council, contract with any qualified and appropriate person, association, corporation or governmental entity to perform and discharge 12 4/7/2014 designated tasks which will aid or assist the Board in the performance of its duties. b. No such contract shall ever be approved or entered into which seeks or attempts to divest the Board of its discretion and policy-making functions in discharging the duties herein set forth. c. An administrative services contract shall be executed between the Board and the City Council for the services provided by the City Manager or City staff, the City Attorney, City Bond Counsel, and other City services/functions and compensated as provided for herein. d. Subject to the authority of the City Manager, the Corporation shall have the right to utilize the services of City Secretary and other employees of the City, provided: 1) that the City Manager approves of the utilization of such services, 2) that the Corporation shall pay, as approved by the City Manager, reasonable compensation to the City of such services, and 3) the performance of such services does not materially interfere with the other duties of such personnel of the City. SECTION 7. PARTICIPATION IN BOARD MEETINGS. a. The City Manager (or the City Manager's designee), shall have the right to take part in any discussion of the Board, or committees thereof, including attendance of executive sessions. b. The City Manager (or the City Manager's designee), shall not have the power to vote in any meetings attended. SECTION 8. DUTIES OF THE BOARD. a. The Board shall develop a Project Development Plan (the PDP) whose measurable goals and objectives shall include and set forth short and long-term strategies to promote and develop the projects authorized by the Articles of Incorporation, in accordance with Section 4B of the Act. b. These goals and objectives shall be approved by the City Council. 13 4/7/2014 c. The Board shall research, develop, prepare, and submit the PDP to the City Council, for its approval, at least ninety (90) days prior to July first of each year. d. The PDP shall include proposed methods and the expected costs of implementation for the authorized economic development projects. e. The Board shall make an Annual Report to the City Council concerning the PDP. f. The Annual Report shall include, but not be limited to the following: 1) a review of the accomplishment/activities of the Corporation with any proposed changes in these activities; and 2) the policies, strategies, procedures, and directives followed by the Corporation together with any new or proposed changes in these policies and strategies. g. The Annual Report of the PDP shall be made to the City Council, no later than the second (2nd) regularly scheduled City Council meeting for the month of March of each year. SECTION 9. ANNUAL CORPORATE BUDGET. a. At least ninety (90) days prior to October 1st, the Board shall prepare and adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. b. The fiscal year of the Corporation shall commence on October 1st of each year and end on September 30. c. The budget shall be in such form as may be prescribed from time to time by the City Council. d. The budget proposed for adoption shall include the projected operating expenses, and such other budgetary information as shall be required by the City Council for its approval and adoption. e. The budget shall be considered adopted upon formal approval by the City Council. SECTION 10. FINANCIAL BOOKS, RECORDS, AUDITS. 14 4/7/2014 a. The Finance Director of the City shall keep and properly maintain, in accordance with generally accepted accounting principles, complete financial books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. b. The City shall cause the Corporation's financial books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City Council. c. Such audit shall be at the expense of the Corporation. SECTION 11. DEBT, DEPOSIT AND INVESTMENT OF CORPORATE FUNDS a. All proceeds from the issuance of bonds, notes, or other debt instruments (the "Obligations") issued by the Corporation shall be deposited and invested, as provided in the resolution, order, indenture, or other documents, authorizing or relating to their execution or issuance, and handled in accordance with the statute governing this Corporation. b. No Obligations shall be issued by the Corporation, including refunding bonds, without the prior approval of the City Council, after review and comment by the City's Bond Counsel and financial advisor. c. All monies of the Corporation shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City, as authorized by the City Investment Policy. d. The Finance Director shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of the Finance Director and the Secretary. e. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City. SECTION 12. EXPENDITURES OF CORPORATE MONEY. a. The monies of the Corporation, including sales and use taxes collected pursuant to 15 4/7/2014 Section 4B of the Act, the proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, monies derived from the repayment of loans, rents received from the lease or use of property, the proceeds derived from the sale of bonds, and other proceeds may be expended by the Corporation for any of the projects authorized by the Articles of Incorporation, consistent with the Act, subject to the following limitations: 1) Expenditures from the proceeds of bonds shall be identified and described in the orders, resolutions, or other agreements submitted to and approved by the City Council prior to the sale and delivery of the bonds to the purchasers thereof. 2) Expenditures that may be made from a fund created from the proceeds of bonds, and expenditures of monies derived from sources other than the proceeds of bonds may be used for the purposes of financing or otherwise providing one or more projects, as defined in the Act. The specific expenditures shall be described in a resolution or order of the Board and shall be made only after the approval thereof by the City Council. 3) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by these Bylaws or in contracts meeting the requirements of the Articles. Only those expenditures exceeding the authorized spending limits for the Coppell City Manager will require approval by the Board and City Council. Expenditures within the authorized spending limits of the City Manager shall be approved by the City Manager or his designee. b. No bonds, including refunding bonds, shall be authorized or sold and delivered by the Corporation unless the City Council shall approve such bonds, by action taken prior to the date of sale of the Obligations and witnessed by a resolution, as adopted by the City Council. SECTION 13. CONTRACTS. a. As provided herein, the President and Secretary shall enter into any contracts or other instruments which the Board has approved and authorized in the name and on behalf of the Corporation. Such authority may be confined to specific instances or defined in general terms. b. When appropriate, the Board may grant a specific or general power of attorney to carry 16 4/7/2014 out some action on behalf of the Board, provided, however that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. c. All contracts or other instruments, as described herein, approved and authorized by the Board shall be approved by the City Council. ARTICLE V MISCELLANEOUS PROVISIONS SECTION 1. PRINCIPAL OFFICE. a. The principal office and the registered office of the Corporation shall be the registered office of the Corporation specified in the Articles of Incorporation. b. The Corporation shall have and shall continually designate a registered agent at its registered office, as required by the Act. SECTION 2. FISCAL YEAR. a. The fiscal year of the Corporation shall be the same as the fiscal year of the City. SECTION 3. SEAL. a. The Board shall obtain a corporate seal which shall bear the words "Corporate Seal of Coppell Recreation Development Corporation". b. The Board may thereafter use the corporate seal and corporate name; but these Bylaws shall not be construed to require the use of the corporate seal. SECTION 4. APPROVAL OR ADVICE AND CONSENT OF THE CITY COUNCIL. a. To the extent that these Bylaws refer to any action, approval, advice, or consent by the City or refer to action, approval, advice or consent by the City Council, such action, approval, advice or consent shall be approved by a Resolution, duly adopted by the City Council. 17 4/7/2014 b. Amendments to these Bylaws shall be approved by a Resolution, duly adopted by the City Council. SECTION 5. INDEMNIFICATION OF DIRECTORS, OFFICERS AND EMPLOYEES. a. As provided in the Act and in the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. b. The Corporation shall indemnify each and every member of the Board, its officers, and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law against any and all liability or expense, including attorney's fees, incurred by any such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. c. The Corporation may purchase and maintain insurance on behalf of any Director, officer, employee, or agent of the Corporation, or on behalf of any person serving at the request of the Corporation as a Board member, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against that person and incurred by that person in any such capacity or arising out of any such status with regard to the Corporation, whether or not the Corporation has the power to indemnify that person against liability for any of those acts. SECTION 6. GIFTS. The Board may accept on behalf of the Corporation any contribution, gift, bequest, or device for the general purpose or for any special purposes of the Corporation. SECTION 7. CODE OF CONDUCT. Each Director, including the President and Vice President, its officers, employees, and agents shall abide by and be subject to the City Code of Conduct. SECTION 8. AMENDMENTS TO BYLAWS. a. These Bylaws may be amended or repealed and new Bylaws may be adopted by an 18 4/7/2014 affirmative vote of four (4) of the Board Directors, subject to approval by the City Council. b. The City Council may amend these Bylaws at any time. Such amendments by the City Council will be duly noted to the Board. SECTION 9. DISSOLUTION OF THE CORPORATION. Upon dissolution of the corporation, titles to or other interest in any real or personal property owned by the Corporation at such time shall vest in the City of Coppell. SECTION 10. APPLICABILITY OF CITY CHARTER, POLICIES AND PROCEDURES. a. The City Charter and all duly approved City policies and procedures shall apply directly to the Corporation and the Board unless such charters, policies or procedures are superseded by state law or not related to the function of the Board. b. The Board has the prerogative, subject to approval by the City Council, to adopt other policies and procedures, in addition to, or in place of, those of the City. SECTION 11. EFFECTIVE DATE. These Bylaws shall become effective upon the approval of such by the Board and by the City Council, upon adoption of a Resolution. A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS FOR APPROVAL OF AMENDMENTS TO THE CORPORATION'S ARTICLES OF INCORPORATION WHEREAS, Coppell Recreation Development Corporation (the "Corporation") was duly created by the City of Coppell, Texas (the "City") pursuant to authority granted by Article 5190.6, Section 4B, Texas Revised Civil Statutes Ann., and now operates under Texas Local Government Code, Chapters 501, 502 and 505 (the "Act"); WHEREAS, pursuant to the authority granted in the Act, the City has levied a one-half of one percent sales and use tax for the benefit of the Corporation (the "Sales Tax"), to be used exclusively for the purposes set forth in the Act and as approved by the voters of the City; WHEREAS, at an election held November 5, 2013 (the "Sales Tax Election"), the voters of the City authorized additional purposes and projects for which the Sales Tax may be used; WHEREAS, this Board of Directors finds and determines that it is appropriate and in the best interest of the Corporation to amend the Corporation's articles of incorporation to add the additional purposes and projects for which the voters of the City approved the Sales Tax to be used and to restate the articles of incorporation to include a previous amendment and to conform to changes in law, in the form of a Restated Certificate of Formation with New Amendments as now required by law; and WHEREAS, the articles of incorporation require the Board of Directors to file with the City Council a written application requesting approval of the Restated Certificate of Formation with New Amendments; Now, Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF COPPELL RECREATION DEVELOPMENT CORPORATION: Section 1. Findings. The statements contained in the preamble of this resolution are true and correct and are adopted as findings of fact and operative provisions hereof. Section 2. Application for Approval of Restated Certificate of Formation with New Amendments. The President and Secretary of the Board of Directors are hereby authorized and directed to file or cause to be filed an application with the City Council for its approval of the Restated Certificate of Formation with New Amendments in substantially the form and content attached hereto as Exhibit A. PASSED, APPROVED AND EFFECTIVE this April 7, 2014. COPPELL RECREATION DEVELOPMENT CORPORATION President, Board of Directors ATTEST: Secretary, Board of Directors [CORPORATION SEAL] 3 EXHIBIT A RESTATED CERTIFICATE OF FORMATION WITH NEW AMENDMENTS (see attached) -1- RESTATED CERTIFICATE OF FORMATION WITH NEW AMENDMENTS OF COPPELL RECREATION DEVELOPMENT CORPORATION The original articles of incorporation of Coppell Recreation Development Corporation are restated and amended as set forth below. ARTICLE I NAME The name of the corporation is the Coppell Recreation Development Corporation. ARTICLE II STATUS The Corporation is a non-profit corporation. The Corporation is a non-stock corporation and has no members. ARTICLE III DURATION The period of its duration is perpetual. ARTICLE IV PURPOSES The purpose or purposes for which the Corporation is organized and may issue bonds is for any purpose authorized by Section 4B, Article 5190.6, Vernon's Revised Civil Statutes, as amended, the Development Corporation Act of 1979, now codified as Title 12, Subtitle C1, Texas Local Government Code, as amended, including the construction and development of an all-season aquatic facility, a community multi-purpose recreation facility, a new athletic complex, and the first phase of a hike and bike trail system and may contract with other existing private corporations to carry out industrial development programs consistent with the purposes and duties as set out in the Development Corporation Act of 1979, and including projects for youth and adult amateur athletics, entertainment and public gathering facilities and venues, exhibition and museum facilities, public park purposes and events and park and recreational facilities, open space improvements, hike and bike trails, parking facilities and greenway and open space, including projects in support of the Coppell 2030 strategic vision adopted March 10, 2009, for the redevelopment of the Andrew Brown park system, expansion of the library building for Type B purposes, additional hike and bike trails, youth and adult athletic facilities and Life Safety Park and related facilities, related infrastructure for any such projects described above and other related improvements that enhance any of the items described above, and the maintenance and operation expenses for any of the above described projects. -2- ARTICLE V REGISTERED OFFICE/AGENT The street address of the initial registered office of the Corporation is c/o City Manager, 255 Parkway Boulevard, Coppell, Texas 75019, and the name of its registered agent at such address is Christel Pettinos. ARTICLE VI DIRECTORS The number of directors constituting the initial Board of Directors is seven, and the names and addresses and initial terms of office of the persons who are to serve as the initial directors are: NAME ADDRESS TERM Kip Allison 464 Halifax, Coppell, Texas 75019 2 years Sandra Edwards 241 Whispering Hills, Coppell, Texas 75019 2 years Elizabeth Barger 719 Clayton Circle, Coppell, Texas 75019 2 years Timothy Higgins 306 Lodge Road, Coppell, Texas 75019 2 years Jim Still 726 Oriole Lane, Coppell, Texas 75019 2 years Andrew Wagner 601 Wellington Road, Coppell, Texas 75019 2 years Mary Williams 755 Pelican Lane, Coppell, Texas 75019 2 years Directors are appointed and serve at the pleasure of the City Council of the City of Coppell. A Director may be removed by the City Council of the City of Coppell at any time without cause. Directors shall serve without compensation except that they shall be entitled to reimbursement for expenses incurred in the performance of their duties as Directors. ARTICLE VII INCORPORATORS The name and street address of the incorporators are Don B. Manson, 821 Parkway Boulevard, Coppell, Texas 75019; Jim Witt, 255 Parkway Boulevard, Coppell, Texas 75019; and Clay Phillips, 255 Parkway Boulevard, Coppell, Texas 75019. ARTICLE VIII AUTHORIZATION The City Council of the City of Coppell, Texas, has specifically authorized and approved this Restated Certificate of Formation with New Amendments of the Coppell Recreation Development Corporation, a non-profit corporation, by a resolution adopted April 22, 2014. -3- ARTICLE IX ELIGIBILITY That the City of Coppell is a City with a population of fewer than 50,000 according to the most recent federal decennial census that is located within the territorial limits but has not elected to become a part of a metropolitan rapid transit authority that has a principal city with a population of more than 750,000 according to the most recent federal decennial census, with such authority being created under Chapter 452 of the Texas Transportation Code and the creation of this Corporation was authorized under the provision of Section 4B, Article 5190.6, the Development Corporation Act of 1979, Vernon's Revised Civil Statutes, as amended, and the Corporation shall be governed by that Section as now set forth in Title 12, Subtitle C1, Texas Local Government Code, as amended. ARTICLE X AMENDMENTS The Articles of Incorporation may at any time, and from time to time, be amended by the following: a. the Board of Directors shall file with the City Council of the City of Coppell, Texas, a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application, the proposed amendments. City Council shall consider such application and, if deemed appropriate shall approve the form of the proposed amendments. The Board of Directors of the Corporation may then amend the Articles of Incorporation by adopting such amendment at a meeting of the Board of Directors and delivering the Amended or restated Articles of Incorporation Secretary of State, or b. the City Council of the City of Coppell, Texas may, at its sole discretion, amend these Articles of Incorporation, by the adoption of a resolution approving amended or restated Articles of Incorporation. ARTICLE XI DISSOLUTION When the Corporation is dissolved, any interest in any funds or property of any kind, real, personal or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City of Coppell, Texas, after satisfaction or provision for satisfaction of debts and claims. ARTICLE XII CITY APPROVAL All actions of the Corporation are subject to the City Council approval. -4- ARTICLE XIII STATEMENTS Article I was changed to reflect the name of the corporation pursuant to a previous amendment. Article IV is amended to incorporate into the purposes of the corporation the projects that were approved at an election held on November 5, 2013, and to identify the corporation's current governing law. Article V was changed to list the current registered agent of the corporation. Article VIII was changed to state the City Council's approval of this Restated Certificate of Formation with New Amendments. Article IX was changed to identify the corporation's current governing law The additional amendment to the certificate of formation set forth in Article IV conforms to Title 12, Subtitle C1, Texas Local Government Code, and is an addition to this Certificate of Formation. This Restatement of the Certificate of Formation and all amendments to the Certificate of Formation that are in effect and all additional amendments made to the Certificate of Formation; and this Restatement does not contain any other change to the Certificate of Formation. This Restated Certificate of Formation with New Amendments was approved by the City Council of the City of Coppell, Texas, by resolution adopted April 22, 2014. _______________________________________ President, Board of Directors Coppell Recreation Development Corporation _______________________________________ Secretary, Board of Directors Coppell Recreation Development Corporation ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared the foregoing individuals, to be the persons and officers whose true and genuine signatures were subscribed to the foregoing instrument in my presence. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 2014. -5- Notary Public, State of Texas To: From: Date: Reference 2030: Introduct An expans and the L completed plan to ex business c Analysis: Library st estimate a following initial prog wishes to forward on include ov The contr documents Contract A without au Coppel Vicki C April 2 e: Conside service Library the Pres Commu Educati Sustain Infrastr ion: sion and ren ibrary Board d in 2010 alo xpand the li ommunity a taff were di and design a ranking an gramming a retain Hide n the projec ver 200 librar ract for ser s, bidding p Administrati uthorization f l Recreation Chiavetta, Di , 2014 er approval s related to y in the amou sident to sign unity Wellne ion Program nable City Go ructure and F novation of t d since the ong with a s ibrary and p nd support o rected to se services fo nd interview and conceptu ell Associate ct. Hidell A ry projects. rvices inclu phase and co on is 9.5% from the Ow MEM n Developme irector of Lib of an agre the expans unt 9.5% of n necessary ess and Enric ms and Suppo overnment S Facilities the Coppell adoption of survey done provide mor of the CISD. elect a firm r the projec process, Hi ual design p es to provid ssociates ar udes the sc onstruction of the const wner. 1 MORANDU ent Corporat brary Servic eement with ion and ren the construc documents. chment: Com ort of Top Qu Strategy: Exc Public Libra f the Coppel in 2012 rei re gathering to provide ct. Requests dell Associa rocess. This de full desig e a highly r chematic de phase. The truction and UM tion ces Hidell Ass novation of ction and fur mmunity Ga uality Schoo cellent and W ary has been ll 2030 plan inforced the places, me the City w s for Quali ates Architec s process is gn and con respected ar esign, desig cost of the d furnishings sociates Arc the William rnishings co athering Plac ols Well-Mainta n discussed n in 2009. A e above obje eeting rooms with a build ifications w cts were sele now comple nstruction do rchitectural gn developm e Design, D s cost not to chitects for m T. Cozby ost, and autho ces, Commun ained City by the comm A feasibility ectives in the s, services f ding program were solicite ected to cond ete and the ocuments to firm whose ment, constr Documentatio o exceed $4 design Public orizing nity munity y study e 2030 for the m, cost d and, duct an library o move works ruction on and 77,185 2 Legal Review: This item was reviewed by David Dodd on 4/2/2014. Fiscal Impact: The Library Expansion was included in the recent election to reauthorize and extend the use of the 4b Sales Tax. Elements included in the construction that are identified as 4b eligible would be funded by the 4b Sales Tax. Approximately 70-75% of the project is expected to be eligible. The remainder of the funding can be provided by Undesignated General Fund balance or from the issuance of Certificates of Obligation. Recommendation: The Library Department requests approval of this item. 4.7.2014 ARCHITECTURAL PLANNING SUMMARY – PHASE 1 CDRC BOND COUNCIL PRESENTATION WILLIAM T. COZBY PUBLIC LIBRARY 4.7.2014 FOCUS GROUP SUMMARY WILLIAM T. To think outside of the box Provide a “VISION” PUBLIC LIBRARY NEEDS SOMETHING THAT IS NECESSARY WANTS TO DESIRE SOMETHING: TO FEEL A NEED OR DESIRE FOR SOMETHING LIKES TO FIND AGREEABLE OR CONGENIAL, IN FAVOR OF…. DISLIKES SOMETHING THAT IS CONSIDERED DISAGREEABLE, AN ATTITUDE OR FEELING OF DISAPPROVAL COZBY PARTICIPANTS TASKS OUR CHARGE And…. To develop an architectural concept that will maximize the existing space while incorporating new and future trends of libraries ARCHITECTURAL PLANNING SUMMARY – PHASE 1 STAFF TEENS BUSINESS COMMUNITY LIBRARY BOARD / FRIEND’S / PUBLIC PUBLIC 5 GROUPS To facilitate and gather feedback from the Focus Group participants pertaining to their…. 4.7.2014 FOCUS GROUP SUMMARY RESULTS WILLIAM T. CREATE A “WOW” TEEN ORIENTED SPACE THAT PROVIDES A POSITIVE, SAFE ENVIRONMENT FOR STUDYING, SOCIALIZING AND LEISURE ACTIVITIES PUBLIC LIBRARY NO DRIVE-UP BOOK DROP TRAFFIC FLOW NOISE CHILDREN LACK OF STUDY ROOMS NOT ENOUGH FLEXIBLE MEETING SPACE FUNCTIONAL STAFF AREAS / RFID COLLABORATIVE AREAS FOR THE BUSINESS COMMUNITY DEDICATED TEEN AREA COZBY OUR TASK IS TO IMPLEMENT CHALLENGES ARCHITECTURAL PLANNING SUMMARY – PHASE 1 Feedback from the Focus Groups included these key challenges…. ADD A COVERED DRIVE–UP BOOK DROP PROVIDE A PICK-UP / DROP-OFF LANE ENCLOSE THE CHILDREN’S AREA PROVIDE A VARIETY OF STUDY AREAS FOR CHILDREN, TEENS AND ADULTS PROVIDE LARGER FLEXIBLE MEETING AND SOCIAL GATHERING SPACES PROVIDE RFID – AUTOMATED BOOK SORTING SYSTEM PROVIDE A VARIETY OF SPACES FOR THE BUSINESS COMMUNITY TO MEET / WORK / TRAIN AND HAVE ACCESS TO TECHNOLOGY Drive-Up Book Drop Pick-up/Drop-off Lane Outdoor Children Courtyard Outdoor Seating / Social Gathering at Front Entry Plaza Additional land req’d from Town Center Elementary to accommodate req’d parking for expansion / drive- up book and traffic flow 4.7.2014 PROPOSED SITE PLAN to include: WILLIAM T. COZBY PUBLIC LIBRARY N PLAYGROUND AREA FABRIC STRUCTURE NEW PAVED PARKING WITHIN THE BOUNDARIES OF TOWN CENTER ELEMENTARY EQUATES TO APPROX. 0.3033 ACRES OR 13,241 SF COVERED DRIVE- THRU BOOK DROP HEARTZ RD. TOWN CENTER ELEMENTARY SCHOOL NEW PARKING AND PERIMETER FENCE RESIDENTIAL PROPERTY POND NEW CHILDREN COURTYARD DROP-OFF/PICK-UP LANE NEW MONUMENTAL SIGN SHADED AREA INDICATES EXISTING LIBRARY STAFF ENTRY PROPOSED ACCESS GATE MAIN ENTRY OUTDOOR SEATING COVERED CANOPY MODIFIED TOWN CENTER TRACK ARCHITECTURAL PLANNING SUMMARY – PHASE 1 ACCESS GATE THRU FENCE FOR DISTRICT DRAFT WASTE NEW CONCEPTUAL FLOOR PLAN 4.7.2014 33,479 SF WILLIAM T. COZBY PUBLIC LIBRARY N ARCHITECTURAL PLANNING SUMMARY – PHASE 1 DRAFT NEW CONCEPTUAL FLOOR PLAN 4.7.2014 33,479 SF WILLIAM T. COZBY PUBLIC LIBRARY N ARCHITECTURAL PLANNING SUMMARY – PHASE 1 DRAFT MEETING / GATHERING SPACES SHARED SPACE TRADITIONAL LIBRARY 74% The amount of space DEDICATED to PUBLIC USE for Programs, Services, Technology, Social Gathering, Meeting, Business and Study equals BUILDING PROGRAM of SPACES 4.7.2014 Summary 28000 SF 5479 SF 33479 SF The amount of space DEDICATED to PUBLIC USE for Programs, Services, Technology, Social Gathering, Meeting, Business and Study of the NET SF 3754 4750 527 9031 6. ADULT SERVICES ADULT COLLECTION AREA ADULT SEATING AREA ADULT TECHNOLOGY AREA SUBTOTAL 2133 147 173 259 173 170 180 241 567 458 104 172 51 51 185 5064 7. STAFF SERVICES STAFF CUBICLE AREA BOOK DROP ROOM (INTERIOR) RECEPTIONIST DIRECTOR OFFICE OFFICE OFFICE OFFICE WORK ROOM BOOK SORTING ROOM STAFF LOUNGE SHIPPING/RECEIVING LOCKER AREA STAFF TOILET (M) STAFF TOILET (F) ARCHIVES SUBTOTAL 30731 2748 33479 8. SUPPORT SERVICES NET SQUARE FEET UNASSIGNABLE GROSS SQUARE FEET 406 446 162 660 1674 5. SPECIAL SERVICES MULTI-PURPOSE ROOM DIGITAL LAB / RECORDING STUDIO MAKER SPACE BUSINESS CENTER TRAINING ROOM CLASSROOM COMPUTER LAB PUBLIC COPY CENTER QUIET READING AREA SUBTOTAL 479 1668 619 2766 1. PUBLIC ENTRANCE/LOBBY MAIN BUILDING ENTRANCE CASUAL SEATING AREA PUBLIC RESTROOMS SUBTOTAL 2166 81 81 134 134 134 134 389 124 307 3684 2. PUBLIC MEETING SPACES LARGE MEETING ROOM(S) 2-PERSON STUDY ROOM (CHILDREN) 2-PERSON STUDY ROOM (ADULT/TEEN) 4-PERSON STUDY ROOM 4-PERSON STUDY ROOM 4-PERSON STUDY ROOM 4-PERSON STUDY ROOM 14(+) CONFERENCE ROOM SUPPORT ROOM (KITCHENETTE) STORAGE (SERVING MEETING ROOMS) SUBTOTAL 2421 1151 1030 464 642 372 74 423 77 6654 3. CHILDREN SERVICES CHILDREN COLLECTION AREA CHILDREN SEATING AREA TODDLER ZONE CRAFT ROOM STORY TIME STORAGE off of STORY TIME FAMILY TOILET CHILDREN WORKROOM STORAGE off of CHILDREN WORKROOM SUBTOTAL 204 1193 1397 4. TEEN SERVICES TEEN COLLECTION AREA TEEN LOUNGE/STUDY/SEATING AREA SUBTOTAL 184 92 67 59 59 461 MAIN ELECTRICAL ROOM ELECTRICAL ROOM FIRE RISER ROOM JANITOR CLOSET TELE./HUB SUBTOTAL Square Footage Breakdown EXISTING EXPANSION NEW BUILDING 74% WILLIAM T. COZBY PUBLIC LIBRARY 22,731 SF equals or ARCHITECTURAL PLANNING SUMMARY – PHASE 1 DRAFT To: From: Date: Reference 2030: Introduct The Coppe community innovative reinforced The purpo families, programs. community innovative community managing supports th through ed Life Safety Sales Tax. Coppel Kevin R April 7 e: Conside Reynol to prov docume the Pres Sense o Busines ion: ell Fire Dep y by suppo e approach d objectives o ose of Life S corporate c The compl y features i e and interac y by incorpo the City’s re he Coppell 2 ducation and y Park was . Elements in l Recreation Richardson, , 2014 er approval ds Watford vide architec ents and con sident to exe of Communi ss Prosperity artment cont orting the C to Life Saf of the 2030 V Safety Park i citizens, and lex will prov including a ctive learnin orating an E esponse to em 2030 Vision d prevention. included in ncluded in th MEM n Developme Fire Chief l of award (BRW) Arch ctural and e nstruction ad ecute the nec ty, Special P y, Sustainabl tinues to see Coppell 2030 fety Educati Vision Plan. is to provide d the gene vide a wide park, comm ng experienc Emergency O mergency si n Plan and w n the recent he construct 1 MORANDU ent Corporat of a profe hitects, Inc., engineering dministration cessary docu Place to Live le City Gove ek ways to im 0 Vision Pl ion and com e a compreh ral public spectrum of munity room ce. In additi Operations C ituations. Li will ultimatel election to r tion that are UM tion essional serv , not to excee services re n for the Lif uments. e, Communit ernment mprove qua lan. In doin mpleted a f hensive learn regarding o f public edu m, and clas ion, the faci Center that w ife Safety Pa ly make Cop reauthorize identified a vices agreem ed the amou elated to de fe Safety Par ty Wellness lity of life a ng so, the C feasibility st ning environ overall life ucation need ssrooms tha ility will pro will be the pr ark is a proa ppell a much and extend as 4B eligible ment with unt of $578,8 esign, constr rk, and autho and Enrichm and services CFD identif tudy in 201 nment for ch safety edu ds and also p at will prov otect and ser rimary locat ctive initiati h safer comm the use of t e would be f Brown 850.00, ruction orizing ment, for the fied an 13 that hildren, ucation provide vide an rve the ion for ive that munity the 4B funded 2 by the 4B Sales Tax. Approximately 85% of the project is expected to be eligible. The estimated cost of the project as currently proposed is $5,416,401.00. This would mean that approximately $4,603,940.85 would be 4B funded. The remainder of the funding can be provided by Designated General Fund - Fund Balance. The cost of the professional architecture and engineering service fees and expenses is 10.7% of the total proposed project budget not to exceed $578,850.00. Analysis: Fire Department staff coordinated with Brown Reynolds Watford (BRW) Architects, Inc. to develop and conduct an initial programming and conceptual design process. In moving forward with the project, Request for Qualifications were solicited, applicants were ranked and interviewed. The selection process is now complete and the CFD wishes to retain Brown Reynolds Watford (BRW) to provide full design and construction documents to move forward on the project. BRW Architects Inc. is a highly respected firm whose works includes many fire and life safety projects. Brown Reynolds Watford (BRW) Architects, Inc. will provide the Basic Scope of Services and Additional Services as needed and described in the provided contract for a fee not to exceed $578,850.00. Legal Review: The attached agreement was reviewed and approved by legal counsel on 3/26/2014. Fiscal Impact: The fiscal impact of this Agenda item is $578,850.00. Recommendation: The Fire Department recommends approval of this item. CITY OF COPPELLLIFE SAFETY PARKFEASIBILITY STUDYA FAMILY COMMUNITY FOR A LIFETIME Executive SummaryContextProcessSite PlanEducation Center PlanLife Safety Park PlansElevations & PerspectivesCodePREPARED FORCity of Coppell255 E. ParkwayCoppell, Texas 75019www.ci.coppell.tx.usCoppell Fire Department265 E. ParkwayCoppell, Texas 75019PREPARED BYBrown Reynolds Watford Architects, Inc.3535 Travis StreetSuite 250Dallas, Texas 75204www.brwarch.com214.528.8704TABLE OF CONTENTS 2EXECUTIVE SUMMARYWith the context of a rapidly growing community and the Old Coppell planned development under construction, the Coppell Fire Department enlisted BRW Architects to assess the needs and feasibility of creating a new facility for community safety and education. The COPPELL LIFE SAFETY PARK will provide education to school children, families, and the general public regarding overall life safety programs such as ﬁ re procedures, severe weather response, and pedestrian caution. The facility will support not only a broad spectrum of public educational needs, but also provide community features including a park, museum, party room, and public classrooms that will enhance the adjacent MAIN STREET development. Safety Park’s proximity to the farmer’s market and Main Street development will require a design that is attentive to the scale and aesthetic of historical Texas architecture. The SAFETY PARK concept will also support all ﬁ ve strategies listed within the Coppell 2030 Vision Plan (Sense of Community, Special Place to Live, Community Wellness and Enrichment, Business Prosperity, and Sustainable City Government).In addition, the Safety facility will protect and serve the community by incorporating an EMERGENCY OPERATIONS CENTER. The operations center is ideally located in the center of Coppell, adjacent to utilities, and will incorporate fortiﬁ ed construction and generator power to ensure operations are maintained throughout unforeseen events. The program requirements were determined through meetings, discussions, site analysis, and a tour of a comparable facility in Frisco. The site planning and facility design will accommodate the spatial and functional needs for education, administration, emergency operations, community and Safety Park functions. The recommended budget for construction cost is approximately $4,000,000 plus $1,500,000 for the owner’s contingency, owner’s development cost and design fees for an approximate total project cost of $5,500,000. The costs have been calculated in 2013 dollar values and do not allow for possible inﬂ ation.This feasibility study has been developed with the Coppell Fire Department within the goal of satisfying both operational programs and physical space needs with a facility that support A FAMILY COMMUNITY FOR A LIFETIME. SUSTAINABLE DESIGN Coppell’s commitment to COMMUNITY WELLNESS AND ENRICHMENT could be enhanced with practical sustainable solutions that beneﬁ t the environment and the public. The design of Safety Park should embrace these sustainable design values through conserving energy, protecting and conserving water, enhancing indoor environmental quality, using resource-efﬁ cient materials, minimizing construction waste, and optimizing maintenance and operations cost.LEED certiﬁ cation through the U.S. Green Building Council’s LEED™ Rating System could also be a project consideration. The LEED Rating System is a guide to making environmentally responsible choices and integrating as much or as little as appropriate. LEED is a self-assessing system utilizing a rating system to evaluate environmental performance from a “whole building” perspective over a building’s life cycle. It also provides a deﬁ nitive standard for what constitutes a green building. LEED is based on accepted energy and environmental principles and strikes a balance between known effective practices and emerging concepts. While it is not necessary to have LEED certiﬁ cation to be considered an environmentally responsible, the certiﬁ cation brings an ofﬁ cial, highly marketable stamp of environmental recognition. Owners will be conﬁ dent they are getting a truly efﬁ cient and productive building, and end users will know they are in a healthy educational environment. The approximate construction cost premiums associated with LEED range with certiﬁ cation level: LEED Certiﬁ ed - 5%, LEED Silver – 10%, LEED Gold – 15%, LEED Platinum – 20%.STAFFINGThe initial stafﬁ ng for Safety Park will include (1) Full-Time Public Education Coordinator with Texas Educator certiﬁ cation. Supplemental assistance will be provided by off duty uniformed ﬁ reﬁ ghters with appropriate instructor certiﬁ cations. Volunteers will be utilized for the front desk on a regular basis. CONTEXTThe corner property site is located across the intersection of South Coppell Road and Burns Street at the entrance drive to Coppell City Utilities Department. A future drive is planned along the site’s south border and will connect around to the Utilities Department parking. Coppell Road has recently been updated with new sidewalks and on-street angled parking. Across the corner is the Coppell Farmer’s Market and to the northwest, the planned Old Coppell historical district. This adjacent Main Street development is currently under construction and will include a community park surrounded by residential and commercial uses on total proposed area of 22 acres. The development of the site should create a SENSE OF COMMUNITY and relate to the aesthetic standards set by the historic district of Old Coppell. 4 PROCESSBRW and the Fire Department worked together to determine the facility’s spatial and functional needs. Through site tours, meetings and discussions it was determined that COPPELL LIFE SAFETY PARK would include educational facilities, an Emergency Operations Center, a ﬁ reﬁ ghter’s honor park and museum, a multi-use community party room, and a reduced scale “safety town.” Safety Park will consist of streets, sidewalks, varying building façades and site props, such as a railroad crossing, pedestrian crosswalk, electrical transformer and natural gas pipes, all for the purpose of teaching the importance of safety and continuing Coppell’s commitment to COMMUNITY EDUCATION PROGRAMS. PHOTOS FROM FRISCO SAFETY TOWN 6CONCEPT SKETCHES 8SITE PLANThe building is oriented to face north with a bus drop-off loop and visitor parking at the front entry. Located along the west façade is a ﬁ reman’s honor park with decorative pavers, statue, benches and a ﬂ ag pole. Community members can walk along the east sidewalk to enter a party room situated at the building’s corner, which opens up to a large fenced park space with a Gazebo that serves as an INVITING COMMUNITY GATHERING PLACE. The Town consists of small scale streets, sidewalks, green spaces and four buildings clad in multiple façades varying between commercial, municipal and residential. Crosswalks, site props, and signage aid in teaching children pedestrian and biking safety. Site props include crosswalks, stop light, street signage, railroad crossing, electrical transformer and power pole, and natural gas pipes. The future drive planned for south of the site can incorporate a secondary bus drop-off/waiting zone.N EDUCATION CENTER PLANThe front north façade provides a long covered porch for shelter at the bus drop-off. The entry vestibule is secure with clear visibility by staff in the lobby. A double-volume central hallway with clerestory lighting provides a large gathering area for students. Along the corridor wall is a nook for display, hooks, cubbies, etc. From the central hallway there is access to group restrooms and a family restroom. The two large classrooms have ﬂ exible seating, ample storage closets, built-in cabinetry with sinks and abundance of natural light. The space can be used in a variety of ways with a folding center wall that can be stored away to create one large room. The janitor’s closet provides access by mechanical ladder to a second ﬂ oor mechanical/electrical mezzanine. Along the west façade is a museum space with overhead door to display a historical ﬁ re truck. Large open windows provide visibility, relate to the honor park and create added visual interest along South Coppell Road. The east half of the plan includes a physically “hardened” Emergency Operations Center. The administrative area is located within the fortiﬁ ed shell so that it can serve for both daily Safety Park activities and, in case of emergency, provide an EOC with ofﬁ ce spaces and a kitchen. The administration area includes an ofﬁ ce for the director, workstations for volunteers, a small break room, copier and storage closet. The EOC has access to a family restroom, AV equipment, separate mechanical room and set up for emergency generated power. The EOC shell will have fully grouted CMU with a concrete ceiling. Incorporated in the EOC are custom workstations that can be ready-made workstations secured away behind locked doors when not in use. The entire facility has the capability to transform beyond the hardened construction area to support EOC functions if needed.The community room is ﬁ lled with natural light with rolling doors for loading of supplies or an indoor/outdoor connection to the park. A back porch mimics the front and provides a covered outdoor gathering space. The overall function of the building embraces Coppell’s commitment to EXCELLENT CITY SERVICES.2ND FLOOR PLANSCALE: 3/32” = 1’-0”N 101ST FLOOR PLANSCALE: 3/32” = 1’-0”N LIFE SAFETY PARK PLANSThe SMALL TOWN FEEL is created by four buildings clad in multiple facades to give the appearance of a smaller scaled town. The Bike Storage Building includes a roll up door to make the process of distributing bicycles to students easier. The Safety Simulation Building provides rooms to aid in teaching children general safety in the home and what to do in case of severe weather or a ﬁ re. The open kitchen area provides stadium seating for children to sit and listen to a speaker, video, etc. The bedroom is elevated for smoke simulation equipment and children can be taught how to exit through windows in case of a ﬁ re.The Police Department Building features a squad car and motorcycle with wall space to display other equipment. Included is a community classroom space for teaching self-defense, CPR, or other topics needed for public education.The Fire Department Building displays a cut down ﬁ re truck and ambulance vehicle to ease access for children. The open space allows for further equipment display, demonstrations, and education. 12TOWN FLOOR PLANSSCALE: 3/32” = 1’-0”N The Center’s west façade, facing S. Coppell Road, is highlighted by a museum display space for the Fire Department’s historic engine. The smaller Safety Park façades, streets, signage and amenities are also visible from the road and the farmer’s market. The featured facades that face the road are the Fire and Police; emphasizing the civic and safety services provided by LIFE SAFETY PARK. ELEVATIONS & PERSPECTIVESCoppell is a SPECIAL PLACE TO LIVE and the material choices and design aesthetic of the exterior façades draw from the character of the adjacent MAIN STREET development. Natural stone, board siding, and corrugated metal features relate to the historic Texas style. The front and back porches feature tapered stone columns that complement the design of OLD COPPELL. The main Education Center will feature a red agrarian-style tower in the proﬁ le of a school house. The tower allows for a double-story volume ﬁ lled with natural light from upper clerestory windows. NORTH ELEVATIONWEST ELEVATION 14CORNER HONOR PARK AND MUSEUM VIEW FROM S. COPPELL ROAD 16SAFETY TOWN COMMUNITY PARK “TOWN” SAFETY CROSSING 18SAFETY TOWN STREET VIEW CODE ANALYSIS BROWN REYNOLDS WATFORD ARCHITECTS, INC.COPYRIGHT ©2013www.brwarch.com