CP 2016-11-08City Council
City of Coppell, Texas
Meeting Agenda
255 Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:30 PMTuesday, November 8, 2016
KAREN HUNT WES MAYS
Mayor Mayor Pro Tem
CLIFF LONG NANCY YINGLING
Place 1 Place 5
BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN
Place 2 Place 6
GARY RODEN MARK HILL
Place 4 Place 7
CLAY PHILLIPS
City Manager
Also present were City Manager Clay Phillips, Deputy City Managers Mario Canizares and Mike
Land, Deputy City Secretary Jean Dwinnell and City Attorney Robert Hager.
The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 8,
2016, 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 551.071, Texas Government Code - Consultation with City Attorney.
A.Consultation with City Attorney to seek legal advice regarding the
institutional uses of property.
B.Consultation with City Attorney to seek legal advice regarding
city-owned property.
C.Consultation with City Attorney to seek legal advice regarding
enforcement of the City’s Development Code.
Section 551.074, Texas Government Code - Personnel Matters.
D.Discussion regarding personnel and the process for hiring/appointing a
new City Manager and a Municipal Judge.
Page 1 City of Coppell, Texas Printed on 2/16/2017
November 8, 2016City Council Meeting Agenda
3.Work Session (Open to the Public) 1st Floor Conference Room
A.Presentation by the DFW Airport on NexGen.
B.Discussion regarding Denton County’s Transportation Authority
Board of Directors.
C.Discussion regarding Board and Commission appointments.
D.Discussion regarding Agenda Items.
Denton County Transportation Authority.pdf
Board & Commission Appointees BLANK Worksheet.pdf
Attachments:
Regular Session
4.Invocation 7:30 p.m.
5.Pledge of Allegiance
6.Presentations
Presentation by the Coppell Arts Committee on the Art Stroll.
7.Citizens’ Appearance
8.Consent Agenda
A.Consider approval of the minutes: October 25, 2016.
CM 2016-10-25.pdfAttachments:
B.Consider award of a bid Bid No. Q-1117-01 from Star Floors, in the
amount of $119,801.71, as budgeted, for the replacement of the indoor
pool deck at The CORE; and authorizing the City Manager to sign the
necessary documents.
Memo.pdf
Bid.pdf
Attachments:
C.Consider approval of the dedication of an Electric and Utility Easement
at Andrew Brown Park West and authorizing the Mayor to sign the
necessary documents.
Memo.pdf
Andrew Brown West ESMT Description.pdf
Agreement.pdf
Attachments:
D.Consider approval to enter into an Interlocal/License Agreement with the
City of Dallas to allow the construction and maintenance of a 24”
wastewater force main pipeline within the City’s right of way; and
authorizing the Mayor to sign and the City Manager to execute any
Page 2 City of Coppell, Texas Printed on 2/16/2017
November 8, 2016City Council Meeting Agenda
necessary documents.
Cypress Waters Force Main License Agreement Memo.pdf
Cypress Waters Force Main Exhibit.pdf
Cypress Waters Force Main License Agreement.pdf
Exhibit A.pdf
Attachments:
E.Consider approval to utilize the City of Richardson’s contract with
Envirotek USA LLC, as authorized by the Texas Local Government
Code, Section 271.102, to perform our yearly graffiti removal and bridge
painting; not to exceed an amount of $82,500.00; as provided by the
infrastructure maintenance fund; and authorizing the Mayor to sign
necessary documents.
Envirotek Memo.pdf
Envirotek Renewal Contract.pdf
Attachments:
F.Consider approval of an Ordinance amending Article 8-3, Parking,
Section 8-3-1(A) of the Code of Ordinances by adding a subsection to
make it unlawful to stop, stand, or park a vehicle at all times on portions
of Highland Meadow; and authorizing the Mayor to sign any necessary
documents.
Highland Meadow No Parking Memo.pdf
Highland Meadow No Parking Exhibit.pdf
Highland Meadow No Parking ORD.pdf
Attachments:
G.Consider approval of an Ordinance amending the Code of Ordinances,
Chapter 6 - Business Regulation, Article 6-8, Food Service Regulations,
Section 6-8-1, et al. by adopting new Food Service Regulations; and
authorizing the Mayor to sign any necessary documents.
Food Code memo rev.pdf
Food Service Regulations ORD.pdf
Attachments:
End of Consent Agenda
9.PUBLIC HEARING:
Consider approval of Case No. PD-197R3-H, Old Coppell Townhomes,
Lot 1, Block A & Lot 1, Block B, a zoning change request from
PD-197R-H (Planned Development-197 Revision-Historic) to
PD-197R3-H (Planned Development-197 Revision 3-Historic), to amend
the Concept Plan and attach a Detail Site Plan to allow three (3)
live/work units on 0.272 acres and three (3) live/work units on 0.255
acres of property located at the northeast and southeast corners of S.
Coppell Road and McNear Drive.
Appeal Letter.pdf
Cover Memo.pdf
Staff Report.pdf
Attachments:
Page 3 City of Coppell, Texas Printed on 2/16/2017
November 8, 2016City Council Meeting Agenda
Site Plan.pdf
Live work Lofts Floor Plan (Sheet A-1).PDF
Live Work Lofts Elevations (Sheet A-3) .PDF
Tree Perservation Mitigation (Sheet L-1).pdf
Landscape Plan (Sheet L-2).pdf
10.PUBLIC HEARING:
Consider approval of an Ordinance designating ZS Pharma, Inc.,
Reinvestment Zone No. 107 pursuant to Section 312.201 of the
Property Redevelopment and Tax Abatement Act, and authorizing the
Mayor to sign.
ZS Pharma - PH and Ordinance Memo.pdf
ZS Pharma - Public Hearing Notice.pdf
ZS Pharma Ordinance.pdf
Attachments:
11.PUBLIC HEARING:
Consider approval of an Ordinance designating Raj Malik, Reinvestment
Zone No. 108 pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act, and authorizing the Mayor to
sign.
Raj Malik - PH and Ordinance Memo.pdf
Raj Mailk - Public Hearing Notice.pdf
Raj Malik - Ordinance.pdf
Attachments:
12.Consider approval of a design contract with Teague Nall and Perkins,
INC. for the design of bank stabilization for the Grapevine Creek in the
Grapevine Springs Park; in the amount of $100,500.00; as budgeted in
General Fund Designated Fund Balance; and authorizing the City
Manager to sign necessary documents.
1 Grapevine Springs Memo.pdf
Grapevine Springs Proposed Exhibit.pdf
Grapevine Springs Design Contract.pdf
Attachments:
13.Consider approval to enter into a Mutual Aid Agreement with the North
Central Texas Council of Governments to become part of the Public
Works Emergency Response Team; and authorizing the Mayor to sign
necessary documents.
PWERT Memo.pdf
PWERT Mutual Aid Agreement.pdf
PWERT Member Jurisdictions.pdf
PWERT Map.pdf
PWERT Bylaws.pdf
Attachments:
14.Consider approval of a vote for the Board of Directors for Denton
County Transportation Authority.
Page 4 City of Coppell, Texas Printed on 2/16/2017
November 8, 2016City Council Meeting Agenda
15.Consider appointments to the City’s Boards and Commissions.
16.City Manager Reports - Project Updates and Future Agendas
17.Mayor and Council Reports
A.Report by Mayor Hunt regarding the Metrocrest Mayors’ Meeting.
B.Report by Mayor Hunt regarding the Lighted Parade & Tree Lighting
Ceremony.
C.Report by Mayor Hunt regarding the Make a Child Smile Program.
D.Report by Mayor Hunt regarding Letters to Santa.
E.Report by Mayor Hunt regarding the 3rd Annual Angel of Hope
Ceremony.
18.Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
Dallas Regional Mobility Coalition - Councilmember Roden
Metrocrest Community Clinic - Councilmember Hill
Metrocrest Services - Councilmembers Hill and Franklin
19.Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
20.Necessary Action from Executive Session
Adjournment
_____________________________
Karen Selbo Hunt, Mayor
ATTEST:
______________________________
Christel Pettinos, City Secretary
Page 5 City of Coppell, Texas Printed on 2/16/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3052
File ID: Type: Status: 2016-3052 Agenda Item Executive Session
1Version: Reference: In Control: City Secretary
11/01/2016File Created:
11/08/2016Final Action: Executive SessionFile Name:
Title: Consultation with City Attorney to seek legal advice regarding the
institutional uses of property.
Notes:
Agenda Date: 11/08/2016
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 11/08/2016City Council
Discussed under Executive Session. Action Text:
Text of Legislative File 2016-3052
Title
Consultation with City Attorney to seek legal advice regarding the institutional uses of
property.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3052)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 2/16/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3053
File ID: Type: Status: 2016-3053 Agenda Item Executive Session
1Version: Reference: In Control: City Secretary
11/01/2016File Created:
11/08/2016Final Action: Executive SessionFile Name:
Title: Consultation with City Attorney to seek legal advice regarding city-owned
property.
Notes:
Agenda Date: 11/08/2016
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 11/08/2016City Council
Discussed under Executive Session. Action Text:
Text of Legislative File 2016-3053
Title
Consultation with City Attorney to seek legal advice regarding city-owned property.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3053)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 2/16/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3032
File ID: Type: Status: 2016-3032 Agenda Item Executive Session
1Version: Reference: In Control: City Secretary
10/19/2016File Created:
01/10/2017Final Action: Executive SessionFile Name:
Title: Consultation with City Attorney to seek legal advice regarding enforcement
of the City’s Development Code.
Notes:
Agenda Date: 01/10/2017
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 11/08/2016City Council
Discussed under Executive Session. Action Text:
1 Discussed under
Executive Session
01/10/2017City Council
Discussed under Executive Session Action Text:
Text of Legislative File 2016-3032
Title
Consultation with City Attorney to seek legal advice regarding enforcement of the City’s
Development Code.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3032)
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 2/16/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3034
File ID: Type: Status: 2016-3034 Agenda Item Executive Session
1Version: Reference: In Control: City Secretary
10/27/2016File Created:
11/01/2016Final Action: Executive SessionFile Name:
Title: Discussion regarding personnel and the process for hiring/appointing a
new City Manager and a Municipal Judge.
Notes:
Agenda Date: 11/01/2016
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 11/01/2016City Council
1 11/08/2016City Council
Discussed under Executive Session. Action Text:
Text of Legislative File 2016-3034
Title
Discussion regarding personnel and the process for hiring/appointing a new City Manager
and a Municipal Judge.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
[Enter Staff Recommendation Here]
Goal Icon:
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3034)
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 2/16/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3046
File ID: Type: Status: 2016-3046 Agenda Item Work Session
1Version: Reference: In Control: City Secretary
10/31/2016File Created:
11/08/2016Final Action: Work SessionFile Name:
Title: A.Presentation by the DFW Airport on NexGen.
B.Discussion regarding Denton County’s Transportation Authority
Board of Directors.
C.Discussion regarding Board and Commission appointments.
D.Discussion regarding Agenda Items.
Notes:
Agenda Date: 11/08/2016
Agenda Number:
Sponsors: Enactment Date:
Denton County Transportation Authority.pdf, Board &
Commission Appointees BLANK 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 11/08/2016City Council
Presented in Work Session. Action Text:
Text of Legislative File 2016-3046
Title
A.Presentation by the DFW Airport on NexGen.
B.Discussion regarding Denton County’s Transportation Authority Board of
Directors.
C.Discussion regarding Board and Commission appointments.
D.Discussion regarding Agenda Items.
Summary
Fiscal Impact:
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3046)
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 2/16/2017
October 26 , 2016
Honorable Karen Hunt
PO Box 9478
Coppell , Texas 75019
MARY HORN
Denton County Judge
Re: Denton County Transportation Authority Ballot for Election to the Board of Directors
Dear Mayor Hunt:
On September 1, 2016 we sent you a form to nominate a member to the Board of Directors of the
Denton County Transportation Authority , pursuant to Texas Transportation Code §460.054(c). The
nominations from cities in Denton County with a population of 500 or more but less than 17 ,000 have
now been received and nominations are closed.
Based on the nominations received , we have prepared a ballot for the election of the three board
members representing the small cities in Denton County. Pursuant to the provisions of the statute , those
individuals who were nominated have had their nan1es placed on the official ballot enclosed herein.
Each municipality in the county with a population of more than 500 but less than 17 ,000 is entitled to
cast one vote. Please cast the vote of the municipality by placing an "X " beside the name you wish to
vote for. You may vote for only one person. To be valid , your ballot must be returned and received in
the office ofthe Denton County Judge on or before the close of business November 30 ,2016. The
ballot should bear attestation by the City Secretary that the ballot cast is the vote of the governing body.
While most municipalities will have an opportunity to cast their ballot at regularly scheduled meetings ,
some cities may require a special meeting if they desire to cast a ballot that will be counted before the
deadline. Please remember that the ballot MUST BE RECEIVED IN THE DENTON COUNTY
JUDGE'S OFFICE ON OR BEFORE NOVEMBER 30 ,2016 . That will allow us to announce the
results and permit the three members selected from among those nominated to attend the Board of
Directors meeting on December 15 , 2016 .
Sincerel y,
Mary Hom
Denton County Judge
Courthouse-on-the-Square • 110 West Hickory • Denton, Texas 76201
(940) 349-2820 • Fax (940) 349-2821 • www.dentoncounty.com
Ballot* for
Denton County Transportation Authority
Board of Directors
Vote for only one by placing an "X" next to the Individual selected.
Name Nominating City
__ SkipKalb Northlake, Argyle, Roanoke
Eric Jensen --Trophy Club
Connie White Westlake --
Attest:
I, , City Secretary do hereby certify and attest that the
above vote cast for representation on the Denton County Transportation Authority is the
vote of the governing body of the municipality.
City Secretary
*TO BE VALID, the Denton County Judge's Office must receive this ballot no later
than 5:00P.M. November 30, 2016.
Please return to:
Denton County Judge Mary Horn
110 W . Hickory
Denton, Texas 76201 · ·
Phone : 940-349-2820
Fax: 940-349-2821
(PLEASE NOTE: If any alternate member, whose term is not expiring this year, is advanced to a regular member
position, then an alternate member needs to be appointed to serve for the remainder of the unexpired alternate's
term.)
APPOINTEES TO
BOARDS/COMMISSIONS/COMMITTEES
ANIMAL SERVICES ADVISORY & APPEALS BOARD
2-YEAR VETERINARIAN
(APPOINT 1)
BOARD OF ADJUSTMENT
2-YEAR REGULAR
(APPOINT 3)
2-YEAR ALTERNATE
(APPOINT 2)
COPPELL RECREATION DEVELOPMENT CORPORATION
2-YEAR REGULAR
(APPOINT 5)
COPPELL ECONOMIC DEVELOPMENT COMMITTEE
2-YEAR REGULAR
(APPOINT 5)
(PLEASE NOTE: If any alternate member, whose term is not expiring this year, is advanced to a regular member
position, then an alternate member needs to be appointed to serve for the remainder of the unexpired alternate's
term.)
APPOINTEES TO
BOARDS/COMMISSIONS/COMMITTEES
LIBRARY BOARD
2-YEAR REGULAR
(APPOINT 4)
1-YEAR ALTERNATE
(APPOINT 1)
LIBRARY BOARD -YOUTH ADVISOR
1-YEAR STUDENTS
(APPOINT 2)
PARKS AND RECREATION BOARD
2-YEAR REGULAR
(APPOINT 4)
2-YEAR ALTERNATE
(APPOINT 1)
PARKS AND RECREATION BOARD -YOUTH ADVISOR
1-YEAR STUDENTS
(APPOINT 2)
(PLEASE NOTE: If any alternate member, whose term is not expiring this year, is advanced to a regular member
position, then an alternate member needs to be appointed to serve for the remainder of the unexpired alternate 's
term.)
APPOINTEES TO
BOARDS/COMMISSIONS/COMMITTEES
PLANNING AND ZONING COMMISSION
2-YEAR REGULAR
(APPOINT 3)
SPECIAL COUNSEL
2-YEAR REGULAR
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3047
File ID: Type: Status: 2016-3047 Presentation Presentations
1Version: Reference: In Control: City Secretary
10/31/2016File Created:
11/08/2016Final Action: Art StrollFile Name:
Title: Presentation by the Coppell Arts Committee on the Art Stroll.
Notes:
Agenda Date: 11/08/2016
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 11/08/2016City Council
Ms. Janna Tidwell, representing the Coppell Arts Council, made a presentation showing the 10 pieces
of leased art exhibits that will be placed in the Old Town area. She advised this is a 2-year exhibition
with fundraisers planned for permanent art pieces. Phase II will expand the exhibit into Andy Brown
Park.
Action Text:
Text of Legislative File 2016-3047
Title
Presentation by the Coppell Arts Committee on the Art Stroll.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3047)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 2/16/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3045
File ID: Type: Status: 2016-3045 Agenda Item Passed
1Version: Reference: In Control: City Secretary
10/31/2016File Created:
Final Action: MinutesFile Name:
Title: Consider approval of the minutes: October 25, 2016.
Notes:
Agenda Date: 11/08/2016
Agenda Number: A.
Sponsors: Enactment Date:
CM 2016-10-25.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 Approved on the
Consent Agenda
11/08/2016City Council
A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling,
that Consent Agenda Items A-G be approved. The motion passed by a unanimous vote.
Action Text:
Text of Legislative File 2016-3045
Title
Consider approval of the minutes: October 25, 2016.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3045)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 2/16/2017
255 Parkway Boulevard
Coppell, Texas 75019-9478City of Coppell, Texas
Minutes
City Council
5:30 PM Council ChambersTuesday, October 25, 2016
KAREN HUNT WES MAYS
Mayor Mayor Pro Tem
CLIFF LONG NANCY YINGLING
Place 1 Place 5
BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN
Place 2 Place 6
GARY RODEN MARK HILL
Place 4 Place 7
CLAY PHILLIPS
City Manager
Also present were City Manager Clay Phillips, Deputy City Managers Mario Canizares
and Mike Land, City Secretary Christel Pettinos and City Attorney Robert Hager.
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
October 25, 2016, at 5:30 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 the Executive Session at 5:42 p.m.
Councilmember Hinojosa-Flores arrived during the Executive Session.
Karen Hunt;Cliff Long;Brianna Hinojosa-Flores;Wes Mays;Marvin
Franklin;Mark Hill and Nancy Yingling
Present 7 -
Gary RodenAbsent1 -
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 south of
Bethel Road and west of S. Coppell Road.
Page 1City of Coppell, Texas
October 25, 2016City Council Minutes
Discussed under Executive Session
B.Discussion regarding economic development prospects south of
Southwestern Boulevard and east of Freeport Parkway.
Discussed under Executive Session
C.Discussion regarding economic development prospects south of
Northpoint Drive and west of Royal Lane.
Discussed under Executive Session
Section 551.074, Texas Government Code - Personnel Matters.
D.Discussion regarding personnel and the process for hiring/appointing
a
new City Manager.
Discussed under Executive Session
Work Session (Open to the Public) 1st Floor Conference Room3.
Mayor Hunt adjourned the Executive Session at 6:39 p.m. and convened into
the Work Session at 6:46 p.m.
A.Presentation on the Arts Center.
B.Discussion regarding Agenda Items.
Presented in Work Session
Regular Session 7:30 p.m.
Mayor Hunt adjourned the Work Session at 7:13 p.m. and reconvened into the
Regular Session at 7:30 p.m.
Invocation4.
Jeff Spangler with Generate Life Church gave the Invocation.
Pledge of Allegiance5.
Mayor Hunt and the City Council led those present in the Pledge of Allegiance.
6.Consider approval of a proclamation naming October 25, 2016, as
“Arbor Day;” and authorizing the Mayor to sign.
Mayor Hunt read the proclamation for the record and presented the same to
Molly Bujanda, Community Programs Coordinator. A motion was made by
Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling,
that this Agenda Item be approved. The motion passed by an unanimous vote.
7.Consider approval of a proclamation naming the week of November
Page 2City of Coppell, Texas
October 25, 2016City Council Minutes
7-11, 2016, as “Municipal Court Week,” and authorizing the Mayor to
sign.
Mayor Hunt read the proclamation for the record and presented the same to
Municipal Judge Marian Moseley, Alternate Municipal Judges Terry Landwehr
and Kim Nesbit, and Muncipal Court Staff. A motion was made by Mayor Pro
Tem Wes Mays, seconded by Councilmember Cliff Long, that this Agenda Item
be approved. The motion passed by an unanimous vote.
Citizens’ Appearance8.
Mayor Hunt asked for the following individuals who signed up to speak:
1) Connie Tankersley, 840 Parkway Blvd., spoke in opposition to bike lanes
proposed for Parkway Boulevard. She recommeded the use of Sandy Lake
Road.
2) Jason Tankersley, 840 Parkway Blvd., spoke in opposition to the bike lane
proposal and believed is was a safety issue.
3) Bill Sunderman, 712 Parkway Blvd., spoke in regards to mobility in Coppell.
He thanked the staff for the Public Hearing meeting and written notice to the
citizens.
4) Evelyn Scurry, 128 Meadowglen Circle, spoke in opposition to the proposed
bike lane as she greatly appreciates the direct access to the curb.
5) Herschel Lander, 824 Parkway Blvd., spoke in opposition to the proposed
bike lanes on Parkway Blvd.
6) Randy Ransom, 837 Parkway Blvd., spoke in regards to the cost-to-benefit
ratio of the proposed bike lanes.
Consent Agenda9.
A.Consider approval of the minutes: October 11, 2016.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Mark Hill, that Consent Agenda Items A-C be approved. The
motion passed by an unanimous vote.
B.Consider approval of Change Order #1 with Byrne Construction
Services, for carpet installation at the Cozby Library and Community
Commons in the amount of $87,965, utilizing budgeted contingency
funds and authorizing the City Manager to sign any necessary
documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Mark Hill, that Consent Agenda Items A-C be approved. The
motion passed by an unanimous vote.
C.Consider approval of a renewal contract with Holmes Murphy and
Associates for consulting services and other related benefit and
Page 3City of Coppell, Texas
October 25, 2016City Council Minutes
wellness programs, as reviewed and recommended by the
Management Insurance Committee, in an amount of $105,000, with
an effective date of November 1, 2016; and authorizing the City
Manager to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Mark Hill, that Consent Agenda Items A-C be approved. The
motion passed by an unanimous vote.
End of Consent Agenda
10.CONTINUED PUBLIC HEARING:
Consider approval of Case No. PD-285-C, Connell Skaggs Addition,
Lot 1 & Portion of Lot 3 (Woodside Village Expansion), a zoning
change request from C (Commercial) to PD-285-C (Planned
Development-285-Commercial), to allow retention of the existing retail
building with additional parking on Lot 1 (5.8 acres) and development
of a two-building, 30,800-square-foot, retail expansion on a portion of
Lot 3 (3.6 acres), containing a total of 9.4 acres of property located at
110 & 214 W. Sandy Lake Road.
Presentation: Marcie Diamond, Assistant Director of Planning, read the caption
into the record and presented a letter from Carter Maria Thompson on behalf of
the neighbors. The letter requested tabling the item and continuing the Public
Hearing until December 13, 2016.
A motion was made by Mayor Pro Tem Wes Mays, seconded by
Councilmember Marvin Franklin, to continue the Public Hearing until
December 13th. The motion passed by an unanimous vote.
City Manager Reports - Project Updates and Future Agendas11.
City Manager Clay Phillips announced a Library Tour for the City Council on
October 29th from 5:30-7:30 p.m. He also surveyed the City Council for the
continuation of the Boards and Commission Reception in December. The
decision was unanimous.
Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
12.
A.C-FBISD/LISD Liaison - Councilmember Hinojosa-Flores
B.CISD Liaison - Mayor Pro Tem Mays and Councilmember
Hionjosa-Flores
C.Coppell Seniors - Councilmembers Roden and Yingling
A. Councilmember Hinojosa-Flores had nothing to report.
B. Mayor Pro Tem Mays reported on the Red Ribbon Breakfast hosted by the
Farmers Branch Chamber of Commerce at the Brookhaven Country Club.
C. Councilmember Yingling reported the Coppell Seniors will be having their
annual Chili Cook-Off on October 26th and their annual Craft Fair on Nobember
6th. Everyone is very pleased with the opening of Bethel Road and their own
turn lane.
Page 4City of Coppell, Texas
October 25, 2016City Council Minutes
Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
13.
Mayor Hunt reported Game Day will be held in Old Town on November 5th from
12-6pm. There will be jumbo tvs playing your favorite college football games.
Bring your families and own tailgate gear and join the fun.
City Manager Clay Phillips reminded everyone about the political sign
regulations at the polling place.
Necessary Action from Executive Session14.
Nothing to report.
Adjournment
There being no further business before the City Council, the meeting was
adjourned.
________________________
Karen Selbo Hunt, Mayor
ATTEST:
______________________________
Christel Pettinos, City Secretary
Page 5City of Coppell, Texas
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3015
File ID: Type: Status: 2016-3015 Agenda Item Passed
1Version: Reference: In Control: Parks and
Recreation
10/12/2016File Created:
Final Action: Indoor Pool ResurfaceFile Name:
Title: Consider award of a bid Bid No. Q-1117-01 from Star Floors, in the amount
of $119,801.71, as budgeted, for the replacement of the indoor pool deck
at The CORE; and authorizing the City Manager to sign the necessary
documents.
Notes:
Agenda Date: 11/08/2016
Agenda Number: B.
Sponsors: Enactment Date:
Memo.pdf, Bid.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 Approved on the
Consent Agenda
11/08/2016City Council
A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling,
that Consent Agenda Items A-G be approved. The motion passed by a unanimous vote.
Action Text:
Text of Legislative File 2016-3015
Title
Consider award of a bid Bid No. Q-1117-01 from Star Floors, in the amount of $119,801.71,
as budgeted, for the replacement of the indoor pool deck at The CORE; and authorizing the
City Manager to sign the necessary documents.
Summary
See attached memo.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3015)
Staff Recommendation:
The Parks and Recreation Department recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 2/16/2017
1
MEMORANDUM
To: Mayor and City Council
From: Brad Reid, Director of Parks and Recreation
Date: November 8, 2016
Reference: Consider award of Bid No. Q-1117-01 from Star Floors in the amount of $119,801.71,
as budgeted, for the replacement of the indoor pool deck at The CORE
2030: Sustainable City Government: Excellent City Services with High Level of Customer
Satisfaction
Introduction:
With facility-wide attendance over 230,000 each year, The CORE is heavily used by the residents
of Coppell. The indoor pool provides space for users to lap swim, open swim, participate in aquatic
fitness classes and swim lessons. With this amount of use, the pool deck surface that was installed
in 2011 has begun to show wear and tear, and has become an ongoing maintenance issue.
Analysis:
The Aquatic Center staff has been seeking out a safe, yet durable deck surface replacement option
for a number of months while anticipating having to replace this decking material. The Life
Floor™ product was specified because of its unique and successful performance in aquatic
environments. The project criteria was discussed during a mandatory pre-bid conference on
October 25, 2016, in which Star Floors was present. Star Floors in a certified installer of the Life
Floor™ product and offers a five year manufacturer warranty.
Legal Review:
Agenda item does not require legal review.
Fiscal Impact:
The fiscal impact of this item is $119,801.71, as budgeted.
Recommendation:
2
The Parks and Recreation Department recommends approval of this item.
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3038
File ID: Type: Status: 2016-3038 Agenda Item Passed
1Version: Reference: In Control: Parks and
Recreation
10/28/2016File Created:
Final Action: EasementFile Name:
Title: Consider approval of the dedication of an Electric and Utility Easement at
Andrew Brown Park West and authorizing the Mayor to sign the necessary
documents.
Notes:
Agenda Date: 11/08/2016
Agenda Number: C.
Sponsors: Enactment Date:
Memo.pdf, Andrew Brown West ESMT
Description.pdf, Agreement.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 Approved on the
Consent Agenda
11/08/2016City Council
A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling,
that Consent Agenda Items A-G be approved. The motion passed by a unanimous vote.
Action Text:
Text of Legislative File 2016-3038
Title
Consider approval of the dedication of an Electric and Utility Easement at Andrew Brown
Park West and authorizing the Mayor to sign the necessary documents.
Summary
See attached memo.
Fiscal Impact:
There is no fiscal impact
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3038)
The Parks and Recreation Department recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 2/16/2017
1
MEMORANDUM
To: Mayor and City Council
From: Brad Reid, Parks and Recreation Director
Date: November 8, 2016
Reference: Consider approval of the dedication of an Electric and Utility Easement at Andrew
Brown Park West and authorizing the Mayor to sign the necessary documents.
2030: Sustainable City Government: Excellent and Well-Maintained City Infrastructure and
Facilities
Introduction:
The redevelopment of Andrew Brown Park West involves the relocation of an existing electric
transformer to supply power for the park. Oncor Electric Delivery requires all transformers and lines
to be located within a dedicated electric utility easement. The City of Coppell has contracted with
Dunaway & Associates to survey the 2,405 square foot easement needed and prepare the documents.
Analysis:
The redevelopment of Andrew Brown Park West included the demolition of all existing structures
and utilities in the park. The existing onsite transformer will be relocated within the park to serve the
new girls softball complex and restroom/concession building. Oncor Electric Delivery requires all
transformers and lines to be located within a dedicated electric utility easement. The purpose of the
easement is to allow agents, employees, workmen and representatives having ingress, egress, and
regress in, along, upon and across the electric & utility easement for the purpose of making additions
to, improvements on and repairs to said utility improvements or any part thereof.
Legal Review:
The attached agreement was reviewed and approved by legal counsel
Fiscal Impact:
There is no fiscal impact
Recommendation:
The Parks and Recreation Department recommends approval of this item.
oìÉOÉuuez3oeóIUeôzóı)C.;Yôooôi0)àÞoıaIóaóI8coolooIoTÈUc@oñIRNooooo*oocoã2ocoozo'o)oletóoUtsL550 Boiley Avenue . SuiTe 400 . Fort Worth, lexos 7 61O7Tel: 817.335.1 l2lFIRM REGISTRATION I OO98I OOsouNA /AyA plat of even date accompanies thismetes and bounds description.EXHIBIT'A'METES AND BOUNDS:BEING a 0.055 of an acre tract of land situated in the Clarinda Squires Survey, Abstract No.L327, and being a portion of tract "Phase 1-A", a called 2L.25O acre tract of land described indeed to City of Coppell, as recorded in Volume 83005, Page 3569, in the Deed Records ofDallas County, Texas (D.R.D.C.T.), said 0.055 of an acre tract of land being more particularlydescribed by metes and bounds as follows:COMMENCING at a found "X" cut in concrete for the northwest corner of said Phase 1-Atract, and being the southwest corner of tract "Phase I-8", a called 2L.25O acre tract of landdescribed in deed to City of Coppell, as recorded in Volume 83005, Page 3569, D.R.D.C.T.,and also being on the east line of Lot 32, Block A, Copperstone, an addition to the City ofCoppell, Dallas County, Texas as shown by plat recorded in Volume 96013, Page 87, PlatRecords of Dallas County, Texas, from which a found L/2inch iron rod bears North 40degrees 35 minutes 54 seconds West, a distance of 115.90 feet;THENCE North 81 degrees 38 minutes 57 seconds East, over and across said Phase 1-A tract adistance of 817.80 feet to the POINT OF BEGINNING, also locatable by NAD83 GridCoordi nate N : 7,O42,4LO.32, E: 2,429,97 5.73;THENCE over and across said Phase 1-A tract the following courses and distancesNorth 74 degrees 22 minutes 13 seconds East a distance of 26.20 feet;North 54 degrees 38 minutes 37 seconds East, a distance of 41.84 feet;North 58 degrees 02 minutes 31 seconds East, a distance of 66.75 feet;North 64 degrees 38 minutes 31 seconds East, a distance of 49.94 feet;North 73 degrees 35 minutes 32 seconds East, a distance of 10.90 feet;North 85 degrees 23 minutes 16 seconds East, a distance of 11.56 feet;South 81 degrees 31 minutes 27 seconds East, a distance of 35.37 feet;South 08 degrees 28 minutes 33 seconds West, a distance of 10.00 feet;North 81 degrees 31 minutes 27 seconds West, a distance o134.22feet;South 85 degrees 23 minutes 16 seconds West, a distance of 9.38 feet;South 73 degrees 35 minutes 32 seconds West, a distance of 9.09 feet;South 64 degrees 38 minutes 31 seconds West, a distance of 48.58 feet;South 58 degrees 02 minutes 31 seconds West, a distance of 65.87 feet;South 54 degrees 38 minutes 37 seconds West a distance of 43.29 feet;South 74 degrees 22 minutes 13 seconds West, a distance of 27.94feetTHENCE North 15 degrees 37 minutes 47 seconds West, a distance of 10.00 feet to the POINTOF BEGINNING and containing 0.055 of an acre (or 2,405 square feet) of land, more or less.The basis of bearings for this survey is the Texas State Plane Coordinate System, Centralãone,4202, (NAD 83) based upon GPS measurements. Distances and areas hereon aresurface values. A Grid factor of 0.999863513 was used for this project.8000810.001PAGE 1 OF 1toþlvCITY OF COPPELLEASEMENT0.055 ACRE or 2,4O5 SQUARE FEETbeing 240.45 FEET or 14.57 RODS in lengthOFTRACT PHASE 1.ACALLED 2L,250 ACRESCIW OF COPPELLVOLUME 83005, PAGÊ 3569D.R.D.C.T.DALTAS COUNTY, TEXAS
o)qãIeUUùzIoÉó=uuôzóóoc.;ooaôio¿toıgóáóg8ao(,lIù1oILuiTãoIcNIFN0).ooooåoco2ocoEzo'o)!ofu;óoUoÈ550 Boiley Avenue . Su¡te 40O . Fort Worth,IexosTó107Tel:817.335.1 l2lFIRM REGISTRATION I OO9SIOOsA metes and bounds description of evendate accompanies this plat.LOT 31LOT 32LOT 33LOT 3,+hDETAIL ''A,,EXHIBTT'B'_ (Nor ro sc€_rPOINT OFBEGINNINGNAD83 GRIDN=7,042,41O,32E:2,429,975.73L5L6L71101110.055 ACRES2,,t05 SQUARE FEETIPOINT OFBEG¡NNINGL86L120d02ñ'$5CALLED 21.250 ACREPHASE 1-BCITY OF COPPELLvol. 83005, PG. 3569D.R.D.C.T.FOUND 1/2"IRON RODe3O,!-eEoo-¿<öl-Ezl9gz!ä3z¿(ruscAtE1,=FEETSEE DETAIL "A,,PAGE 1 OF 1LOT 30N8157"1817.go'POINT OFCOMMENCINGFOUND "X'' CUTIN CONCRETECOPPERSTONE TRAIL(50' ûrDE R|GHT-OF-WAY)CALLED 21.250 ACREPHASE 1-ACITY OF COPPELLvoL. 83005, PG. 3569D.R.D.C.T.LEL7L6L5L4L3L2L1LineNumberLine Tobles08'28'33"Ws81'31'27"ENg5'23'16"EN73'35'32"EN64'38'31"EN58.02'31"EN5,f36'37"EN7+'22'13"8Beoring10.00'35.37'1 1.56'10.90'49.94'66.75'41.A4'26.20'DistonceNOTES:The basis of bearings for this survey is the Texas State Plane Coordinate System, North Central Zone,4202, (NAD 83) based upon GPS measurements. Distances and areas hereon are surface values. A Gridfactor of 0.999863513 was used for this project.D.R.D.C.T. = Deed Records of Dallas Count¡ TexasP.R.D.C.T. = Plat Records of Dallas County, Texas8000810.001COPPERSTONEAE7PG.T.L17116115L14113LI2L11Ll0L9LineNumberLine TobleN40'35'54"WN15'37'47"ws74'22'13\ils54'38'37"Ws5g'02'31"ws64'38'31"ws73'35'321rs85'23'16"wN81'31'27"WBeorinþ1 15.90'10.00'27.94'43.29'65.87'49.59'9.09'9.58'34.22'Distoncetolsl,bCITY OF COPPELLEASEMENT0.055 ACRE or 2,4O5 SQUARE FEETbeing 240.45 FEET or 14.57 RODS in lengthOFTRACT PHASE 1-ACALLED 21.250 ACRESCITY OF COPPELLVOLUME 83005, PAGE 3569D.R.D.C.T.DALIAS COUNTY, TEXAS
ELECTRIC & UTILITY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT the term Grantor used herein shall be construed in the singular or plural number
as such term respectively represents one or more than one person.
THAT, the City of Coppell, known herein as GRANTOR, does by these presents grant,
bargain, sell and convey unto the City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted
use, liberty and privilege of passage in, along, upon and across the following described property
owned by GRANTOR (the "Electric & Utility Easement") for the purpose of constructing utility
improvements on GRANTOR'S main tract with the right and privilege at all times, of the GRANTEE
herein, its agents, employees, workmen and representatives having ingress, egress, and regress in,
along, upon and across said Electric & Utility Easement for the purpose of making additions to,
improvements on and repairs to said utility improvements or any part thereof.
Said Electric & Utility Easement being described in Exhibits "A" and "B" attached hereto and
made a part hereof for all purposes.
That in consideration of the benefits above set out, GRANTEE will remove from the Electric
& Utility Easement, such fences, buildings and other obstructions as may be found upon said property.
After construction of the utility improvements has been completed, GRANTEE shall, except for
removed obstructions, return the surface area of the Electric & Utility Easement to its original
condition as nearly as practical taking into consideration the nature of the work being performed.
GRANTOR reserve the right to use and maintain the surface of the Electric & Utility Easement for
purposes which will not interfere with GRANTEE'S rights hereby granted and agree that upon
completion of the utility improvements and restoration of the surface, GRANTEE shall not be
obligated for future maintenance and upkeep of the surface area.
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for
the purposes aforesaid, the premises above described.
EXECUTED this _______________ day of ____________________ , 20__
_________________________________________
_________________________________________
GRANTOR
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the __________ day of
_____________________, 20___, by _______________________________________________ .
__________________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________ __________________________________________
Type / Print Name of Notary
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____________________ day of
_________________, 20___, by _______________________________________________ ,
________________________________________ of _________________________________ ,
a _______________________________________ , corporation, on behalf of said corporation.
________________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________ ________________________________________
Type / Print Name of Notary
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-2955
File ID: Type: Status: 2016-2955 Agenda Item Passed
1Version: Reference: In Control: Engineering
09/01/2016File Created:
Final Action: License Agreement - Force MainFile Name:
Title: Consider approval to enter into an Interlocal/License Agreement with the
City of Dallas to allow the construction and maintenance of a 24”
wastewater force main pipeline within the City’s right of way; and
authorizing the Mayor to sign and the City Manager to execute any
necessary documents.
Notes:
Agenda Date: 11/08/2016
Agenda Number: D.
Sponsors: Enactment Date:
Cypress Waters Force Main License Agreement
Memo.pdf, Cypress Waters Force Main Exhibit.pdf,
Cypress Waters Force Main License Agreement.pdf,
Exhibit A.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 Approved on the
Consent Agenda
11/08/2016City Council
A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling,
that Consent Agenda Items A-G be approved. The motion passed by a unanimous vote.
Action Text:
Text of Legislative File 2016-2955
Title
Consider approval to enter into an Interlocal/License Agreement with the City of Dallas to
allow the construction and maintenance of a 24” wastewater force main pipeline within the
City’s right of way; and authorizing the Mayor to sign and the City Manager to execute any
necessary documents.
Summary
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-2955)
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
The Engineering Department recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 2/16/2017
1
MEMORANDUM
To: Mayor and City Council
From: Ken Griffin, P.E., Director of Engineering and Public Works
Date: November 8, 2016
Reference: Interlocal/License agreement with City of Dallas for 24” force main
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General Information:
The City of Dallas plans to design, construct and maintain a 24-inch wastewater force
main pipeline within the City of Coppell right of way.
Introduction:
This agenda item is being presented for approval of an interlocal and license agreement with the City
of Dallas to construct a 24-inch wastewater force main within the City of Coppell right of way. This
force main is necessary for Dallas to transfer untreated wastewater from Cypress Waters
Development in Dallas to the Trinity River Authority’s wastewater system in Coppell at Belt Line
Road west of the Trinity River.
Analysis:
On June 14th of this year, City Council approved the dedication of a utility easement for the
construction of the force main across City of Coppell owned property in Northlake. This license
agreement is a continuation of that force main from the Northlake property onto City Right of Way.
In 2013, City Council approved various resolutions pertaining to the Northlake property. One of the
approvals was for a 30-foot utility easement dedicated to Trammell Crow Company No. 43 Limited.
It was known at the time that the Cypress Waters development would eventually construct a force
main to handle the wastewater from their site. In the interim, there is another agreement between the
City of Coppell and Cypress Waters which allows wastewater discharge into our sewer system along
Belt Line Road. The City of Dallas reimburses the City of Coppell for all wastewater discharged into
our system by Cypress Waters.
We will be able to review and approve any plans and issue a permit prior to construction.
2
Legal Review:
This license agreement has been reviewed by Bob Hager.
Fiscal Impact:
There is no fiscal impact.
Recommendation:
The Engineering Department recommends approval of the license agreement.
Cypress Waters Force MainDallas and CoppellLicense AgreementCreated in ACAD20151 INCH = 1 MILE0W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2016.dwg\\CYPRESS WATERS FORCE MAIN LOCCreated on: September 26, 2016 by Kevin Rubalcaba1/21/2 1
1 INCH = FT.0500500250Cypress Waters Force MainDallas and CoppellLicense AgreementCreated in ACAD2015W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2016.dwg\CYPRESS WATERS FORCE MAINCreated on: September 26, 2016 by Kevin Rubalcaba2/2AREA OF PROPOSEDLICENSE AGREEMENTPROPOSEDFORCE MAIN
INTERLOCAL AGREEMENT/LICENSE
Page 1
STATE OF TEXAS §
§
COUNTY OF DALLAS §
INTERLOCAL AGREEMENT/LICENSE
FOR THE CYPRESS WATERS 24-INCH WASTEWATER FORCE MAIN PROJECT
This INTERLOCAL AGREEMENT/LICENSE (“Agreement”) is entered this __________
day of _____________, 20____, by and between the City of Dallas, a Texas home rule
municipality (“Dallas”), and the City of Coppell, a Texas home rule municipality (“Coppell”).
RECITALS
WHEREAS, Dallas plans to design and construct a 24-inch wastewater force main pipeline within
the corporate limits of Coppell, (hereinafter call the “Force Main Project”); and
WHEREAS, the Force Main Project is necessary for Dallas to transfer untreated
wastewater from the Cypress Waters Development in Dallas to the Trinity River Authority’s
wastewater system in Coppell at Belt Line Road west of the Trinity River; and
WHEREAS, Dallas desires to enter into an agreement with the City of Coppell for the use
of existing public right-of-way, which is set forth in Exhibit A which is attached hereto and
incorporated herein as if set forth in full, (hereinafter the “License Permission”) to accommodate
the Force Main Project; and
WHEREAS, Dallas will procure the necessary property rights for those portions of the
Force Main Project crossing private properties within the corporate limits of Coppell; and
WHEREAS, Dallas will submit to Coppell for its review preliminary and final construction
plans for the construction of the Force Main Project, including plans for the horizontal and vertical
alignment of the pipeline and construction details for the pipeline and necessary appurtenances;
and
WHEREAS, Coppell will review said preliminary and final construction plans and approve
them prior to construction; and
WHEREAS, both parties agree that it is in the public interest that this license be granted;
and
WHEREAS, Chapter 791 of the Texas Government Code provides authorization for a local
government to contract with one or more local governments to perform governmental functions
and services under the terms of the Act;
NOW, THEREFORE, Dallas and Coppell herby enter into this Agreement for the mutual
consideration stated herein:
INTERLOCAL AGREEMENT/LICENSE
Page 2
WITNESSETH:
ARTICLE I. CYPRESS WATERS 24-INCH WASTEWATER FOCE MAIN
PROJECT SCOPE
Dallas, at no expense to Coppell, hereby desires to construct a 24-inch wastewater force
main pipeline including air release/vacuum valves, vent stacks, vaults, manholes, tunneled
sections, and all other wastewater force main pipeline appurtenances necessary for operation and
maintenance of the wastewater force mains to be located within existing right-of-way, easements,
and real property wherein the Licensed Premises (hereinafter ”Force Main”). The Force Main’s
locations are shown on Exhibit A, attached to and made part of this Agreement and hereinafter the
Licensed Premises.
ARTICLE II. CYPRESS WATERS 24-INCH WASTEWATER FORCE MAIN PROJECT
LICENSE
(A) In consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, receipt of
which is hereby acknowledged, Coppell hereby grants to Dallas the non-exclusive right, privilege,
and license to own, lay, construct, operate, repair and replace the Force Main, along with any and
all appurtenances thereto, and such additional pipes and/or appurtenances as are needed in the
future incidental to the use, operation, maintenance (including increased capacity), or replacement
of the Force Main within the City of Coppell’s public right-of-way, as shown on Exhibit B,
attached to and made a part of this Agreement (hereinafter called the “Licensed Area”).
(B) Dallas agrees to construct the Force Main within a reasonable length of time and to
maintain and operate the Force Main so as to not unreasonably interfere with existing utilities
located within the Licensed Area or with the general public’s use thereof. Dallas, at its sole cost,
agrees to relocate any permanent utility facilities that must be relocated as a result of construction
and installation of the Force Main.
(C) Dallas shall not be required to alter, change, or relocate the Force Main once it is
complete and in place, unless Coppell determines that the relocation is necessary in the public
interest. In that event, Coppell shall pay for the design and construction of such relocation. All
plans that result in the alteration, change, or relocation of the Force Main within the Licensed Area
shall be reviewed and approved by Dallas. No work shall commence until Dallas has approved
the proposed plans, which approval shall not be unreasonably withheld or delayed. In the event
that Dallas Fails to reasonably review and comment within a reasonable time, it will be deemed to
consent to any Coppell relocation.
(D) The permission granted to Dallas for the Force Main Project within the Licensed
Area does not authorize Dallas to serve any property in Coppell or along the Force Main route.
By authorizing this Agreement, Coppell agrees to abstain from connecting its wastewater system
directly to the Force Main.
(E) Dallas agrees to notify Coppell in the event it wishes to abandon the Force Main,
in which case this Force Main Project License shall terminate. Coppell agrees to notify Dallas in
INTERLOCAL AGREEMENT/LICENSE
Page 3
the event it wishes to abandon any part of the Licensed Premises. Said abandonment, however,
will not require that Dallas relocate the Force Main unless Coppell agrees to pay, or otherwise
arrange for the payment by a third party, for the design and reconstruction of the relocation.
(F) Dallas agrees to repair and replace all Coppell right-of-way surfaces, paved or
unpaved, within the Licensed Area which may be cut or damaged in the course of construction and
installation of the Force Main. Dallas agrees that it will restore those right-of way cuts to their
original condition as they existed prior to construction and installation of the Force Main.
Notwithstanding anything herein to the contrary, all repairs and /or replacements of any pavement,
curbs, sidewalks or other street appurtenances within the Licensed Premises or any other area
affected by construction, repair, maintenance, reconstruction, replacement or removal of the Force
Main or any of their related appurtenances shall be conducted in accordance with the then current
construction specifications for such public improvements adopted by Coppell and be completed
within a commercially reasonable period of time following the completion of Dallas’s work on the
Force Main . Dallas will coordinate and provide reasonable notice to Coppell concerning such
repair or replacement. Coppell may require a traffic control plan to be submitted for review and
comment prior to implementation of any such repairs or replacements.
(G) Coppell may enter and utilize the Licensed Premises at any time for the purpose of
performing, installing, or maintaining improvements necessary for the health, safety, and welfare
of the public or for any other public purpose whatsoever, and may authorize, allow, license, and
permit other utilities to use the Licensed Premises, so long as such other utilities do not
unreasonably interfere with Dallas’s use or maintenance of the Force Main. Coppell agrees that it
shall give Dallas reasonable notice and opportunity to coordinate work to prevent unnecessary
damage or disruption of the Force Main, except in an emergency situation. Coppell agrees to use
reasonable efforts to not damage or disrupt the Force Main.
(H) Coppell agrees not to install or approve the installation of any utility crossing above
or under the Force Main in the Licensed Premises prior to review and written approval from Dallas
which approval Dallas shall not unreasonably withhold. Utility crossings within three (3) feet
vertically of the Force Main (crossing shall be measured from the outside of the force main pipe
to the outside of the pipe, cable, duct bank, or casing, as applicable) will not be approved without
a special exception from Dallas. Overhead wires crossing the Force Main shall have a minimum
vertical clearance above the natural ground at the centerline of the pipelines of not less than 22
feet for power lines, and 18 feet for communication and cable television lines. These clearances
may be greater, as required by the National Electric Safety Code and governing laws.
(I) Coppell agrees not to install or approve the installation of any parallel utility in the
Licensed Area, prior to Dallas’ review and written approval. Parallel utilities within 5 feet
horizontally from the Force Main (outside of pipe to outside of pipe, cable, duct bank, casing or
overhead wire) will not be approved without a special exception from Dallas.
(J) In addition to the restrictions noted in Article II, Sections (H) and (I), there shall be
no construction of any structures including but not limited to, manholes, vaults, poles,
transformers, control boxes, retaining walls, fences or landscape items such as shrubs, trees or
planting beds directly above or immediately adjacent to the Force Main such that inspection,
INTERLOCAL AGREEMENT/LICENSE
Page 4
repair, operation and maintenance of the pipelines from the surface would be hindered as
determined by Dallas.
(K) Plans shall be submitted to Dallas to determine if the crossing utilities, parallel
utilities, or other items as noted above impact the integrity of the Force Main. Exceptions
regarding horizontal and vertical separation may be granted on a case by case basis after review
and written approval by Dallas. Dallas may require the utility owner to perform and submit Level
“A” Subsurface Utility Engineering analysis (as defined by the American Society of Civil
Engineers), a structural analysis and/or a Geotechnical Engineering analysis for approval of
exceptions. Analysis shall also include impacts to the other appurtenances. If the utility is deemed
to adversely impact the Force Main, Dallas reserves the right to deny installation of parallel or
crossing utilities or require specific design elements such as but not limited to casing, special
backfill, shoring, compaction requirements, an increase in the separation distance, etc.
ARTICLE III. DESIGN
Dallas hereby agrees to be responsible and pay for the design and obtain approval of all
engineering plans, specifications and design changes related to the Force Main Project, and to
provide such plans and specifications to Coppell for review and approval of those portions of the
Force Main located in the Licensed Premises, which approval shall not be unreasonably denied or
delayed.
ARTICLE IV. CONSTRUCTION ADMINISTRATION
Dallas shall be solely responsible for the solicitation and award of the bid, in Dallas’ sole
discretion, for the construction of the Force Main Project. Dallas shall be solely responsible for
the construction administration and inspection for the Force Main.
ARIVLE V. DESIGN OR CONSTRUCTION CHANGES
Prior to implementing any design or construction change to the Force Main located within the
Licensed Area required during construction, Dallas hereby agrees to advise Coppell of such design
or construction change and provide copies of affected plan drawing sheets and/or specifications
for Coppell’s review and approval. Coppell hereby agrees to review and approve or deny any such
design or construction change not later than fifteen (15) business days for design changes and three
(3) business days for construction changes after Dallas provides the amended plans and
specifications to Coppell showing such change, which approvals shall not be unreasonably denied.
ARTICLE VI. PROJECT COSTS
Dallas hereby agrees to be responsible for the entire cost of the Force Main Project,
including, without limitation, the costs of design, engineering, specifications, materials,
installation, construction, inspection, and change orders related to the Force Main Project.
INTERLOCAL AGREEMENT/LICENSE
Page 5
ARTICLE VII. QUALITY ASSURANCE
Dallas agrees to provide inspection and quality assurance testing for the construction of the
Force Main in coordination with Coppell, through the Coppell Engineering Department.
ARTICLE VIII. OPERATION AND MAINTENANCE
Dallas, its agents, representative and employees, are hereby granted the right, as part of the
Force Main Project License, to have free access to Coppell right-of-way for purposes of operation
and maintenance of the Force Main subject to the following:
1. In the event of planned operation and maintenance activities, Dallas shall notify
Coppell in writing not later than ten (10) business days in advance of any entry
for purposes of operation and maintenance of the Force Main, which notice
shall include the dates and times of the intended entry, whether or not any lane
closures will be required, and a traffic control plan related to any work that
requires lane closures. In the event lane closures are required, no work shall
commence until Coppell has approved the proposed traffic control plan, which
approval shall not be unreasonably withheld or delayed. Dallas shall submit an
application for a right-of-way permit to Coppell and obtain such permit and
approval prior to commencing any construction within the Licensed Area.
2. In the event emergency operation and maintenance activities must be
conducted, Dallas shall verbally notify Coppell not later than two hours after
the emergency becomes known to Dallas, which notification shall be followed
up with a written notification not later than seventy-two (72) hours after the
emergency becomes known to Dallas. The written notification shall include a
description of the traffic control plan imposed by Dallas around the affected site
within the Licensed Area. Written notification may be sent via electronic
transmission. Dallas shall modify the traffic control plan imposed at the time
the emergency maintenance and operation commenced in the manner Coppell
reasonably directs. For purposes of this paragraph, an “emergency” exists if
the maintenance or repair operations are necessary to require the
reestablishment of flow through the Force Main, to restore pressure in the Force
Main after an unexpected and unsafe drop in flow of wastewater, or a break in
the Force Main regardless of cause, which if not repaired immediately, would
reasonably be expected to be harmful to the health and safety of Dallas or
Coppell citizens or could reasonably be expected to cause damage to persons or
property within the area of the break.
ARTICLE IX. NO AGENCY OR JOINT VENTURE RELATIONSHIP
Coppell and Dallas agree and acknowledge that each entity is not an agent of the other
entity and that each entity is responsible in accordance with the laws of the State of Texas for its
own acts, forbearance, negligence and deeds, and for those of its officers, agents or employees in
conjunction with the performance of work covered under this Agreement, provided, however, that
INTERLOCAL AGREEMENT/LICENSE
Page 6
neither this nor any other provision in this Agreement is intended to be, or should be construed as,
a waiver of any sovereign or governmental immunity available to either party. Dallas is solely
responsible for the sufficiency, form, content, and engineering requirements for the design and
construction of the Force Main Project. Coppell’s review and/or approval of any plans or
specifications related to the project shall not constitute an acceptance or assumption of liability by
Coppell for the accuracy, safety, sufficiency, form, content and/or engineering requirements of
such plans or specifications.
ARTICLE X. NO THIRD PARTY BENEFICIARY
This Agreement is solely for the benefit of the parties hereto and is not intended to and
shall not create or grant any rights, contractual or otherwise, to any other person or entity.
ARTICLE XI. BINDING ON SUCCESSORS
This Agreement shall be binding upon the parties hereto, their successors and assigns.
Neither party will assign or transfer any interest in this Agreement without the written consent of
the other party.
ARTICLE XII. NOTICES
Except as otherwise provided in this Agreement, any notice to be given by either party to
the other shall be required to be in writing and shall be deemed given when personally delivered,
or three (3) business days after being deposited in the United States Mail, postage prepaid,
certified, return receipt requested, or registered addressed as follows:
To Coppell To Dallas;
Director of Engineering and Public Works Department Director
City of Coppell City of Dallas
265 E. Parkway Blvd Water Utilities Department
Coppell, Texas 75019 1500 Marilla Street, Room 4A North
Dallas, Texas 75201
If the notice relates to default of this Agreement, proposed amendments to this Agreement, or
changes of the name and/or address of who is to receive notices, copies of notices herein shall also
be provided as follows:
To Coppell
Clay Phillips, City Manager
City of Coppell
255 E. Parkway Blvd
Coppell, Texas 75019
Either party may change its address for notice by giving the other party written notice of the change
in the manner described above.
INTERLOCAL AGREEMENT/LICENSE
Page 7
ARTICLE XIII. AUTHORITY TO ENTER AGREEMENT
This Agreement has been duly executed and delivered by all parties and constitutes a legal,
valid and binding obligation of the parties, their successors and permitted assigns. Each person
executing this Agreement on behalf of each party represents and warrants that the person has full
right and authority to enter into this Agreement.
ARTICLE XIV. AMENDMENTS
This Agreement may not be amended except by mutual agreement, which agreement must
be reduced to writing in an instrument specifically referring to this Agreement and signed by the
parties hereto.
ARTICLE XV. SOVEREIGN IMMUNITY; GOVERNING LAW; VENUE
Notwithstanding any other provision of this Agreement, Coppell or Dallas remain subject
to the sovereign immunity to suit or from liability under the laws of the State of Texas, the Eleventh
Amendment of the United States Constitution, and the laws of the United States. This Agreement
shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive
venue for any legal action regarding this Agreement filed by either Coppell or Dallas shall be in
Dallas County, Texas.
ARTICLE XVI. GENDER NEUTRAL LANGUAGE
Words of any gender used in this Agreement shall be held and construed to include any
other gender and words in the singular shall include the plural and vice versa, unless the context
clearly requires otherwise.
ARTICLE XVII. MULTIPLE COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed
an original, but all of which shall constitute one and the same instrument.
ARTICLE XVIII. SEVERABILITY
In the event that one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability of this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein, but shall not affect the remaining provisions of this
Agreement, which shall remain in full force and effect.
ARTICLE XIX. ENTIRE AGREEMENT
This Agreement embodies the complete agreement of the parties, superseding all oral or
written previous and contemporary agreements between the parties relating to matters in this
INTERLOCAL AGREEMENT/LICENSE
Page 8
Agreement and, except as otherwise provided herein, cannot be modified without written
supplemental agreement of the parties to be attached to and made a part of this Agreement.
ARTICLE XX. TERMINATION
This Agreement may be terminated in the following manner.
1. By mutual agreement and consent of both parties in writing; or
2. By either party upon the failure of the other party to fulfill the obligations set forth herein.
ARTICLE XXI. CURRENT FUNDS
Dallas and Coppell acknowledge and agree that all expenditure made by the respective parties
shall be from current funds appropriated for the purposes for which such funds are expended.
ARTICLE XXII. EFFECTIVE DATE
This Agreement becomes effective upon the date of its execution, which execution date is
deemed to be the date the last party signs this Agreement.
Execute as of the _____ of _____________, 20___, hereafter deemed to be the Effective Date of
this Agreement.
CITY OF COPPELL CITY OF DALLAS
CLAY PHILLIPS A.C. GONZALEZ
City Manager City Manager
By: ___________________________ By: __________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
ROBERT HAGER LARRY CASTO
City Attorney City Attorney
By: ___________________________ By: __________________________
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3054
File ID: Type: Status: 2016-3054 Agenda Item Passed
1Version: Reference: In Control: Engineering
11/01/2016File Created:
Final Action: Envirotek ContractFile Name:
Title: Consider approval to utilize the City of Richardson’s contract with Envirotek
USA LLC, as authorized by the Texas Local Government Code, Section
271.102, to perform our yearly graffiti removal and bridge painting; not to
exceed an amount of $82,500.00; as provided by the infrastructure
maintenance fund; and authorizing the Mayor to sign necessary
documents.
Notes:
Agenda Date: 11/08/2016
Agenda Number: E.
Sponsors: Enactment Date:
Envirotek Memo.pdf, Envirotek Renewal Contract.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 Approved on the
Consent Agenda
11/08/2016City Council
A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling,
that Consent Agenda Items A-G be approved. The motion passed by a unanimous vote.
Action Text:
Text of Legislative File 2016-3054
Title
Consider approval to utilize the City of Richardson’s contract with Envirotek USA LLC, as
authorized by the Texas Local Government Code, Section 271.102, to perform our yearly
graffiti removal and bridge painting; not to exceed an amount of $82,500.00; as provided by
the infrastructure maintenance fund; and authorizing the Mayor to sign necessary
documents.
Summary
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3054)
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
The Engineering Department recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 2/16/2017
1
MEMORANDUM
To: Mayor and City Council
From: Ken Griffin, P.E., Director of Engineering and Public Works
Date: November 8, 2016
Reference: Annual bridge rail painting contract
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General Information:
We will utilize City of Richardson’s contract for bridge rail painting, which expires
March 2017.
This contract includes, painting, graffiti removal, power washing etc.
This will be our 3rd year using Envirotek USA, LLC.
This contract will not exceed $82,500.
Introduction:
This agenda item is being considered approval to utilize the City of Richardson’s contract with
Envirotek USA, LLC., as authorized by the Texas Local Government Code, Section 271.102, to
perform our yearly bridge rail painting in the amount of $82,500 as budgeted in our infrastructure
maintenance fund.
Analysis:
In order to provide a well-maintained City infrastructure, we repaint our bridge rails every 5 years.
We have all our bridge rails on a repainting schedule. This includes the black bridge rails as well as
the white ones. This contract also includes graffiti removal, sand blasting and power washing. Some
of our retaining walls and monument signs that we maintain need cleaning every couple of years.
This will allow us to make sure we can cover all these areas that we maintain.
Legal Review:
This agenda item did not require legal review.
Fiscal Impact:
The fiscal impact of this Agenda item is $82,500 from the infrastructure maintenance fund.
2
Recommendation:
The Engineering Department recommends approval of this contract with Envirotek, USA, LLC.
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-2959
File ID: Type: Status: 2016-2959 Ordinance Passed
1Version: Reference: In Control: Engineering
09/01/2016File Created:
Final Action: No Parking Highland MeadowFile Name:
Title: Consider approval of an Ordinance amending Article 8-3, Parking, Section
8-3-1(A) of the Code of Ordinances by adding a subsection to make it
unlawful to stop, stand, or park a vehicle at all times on portions of
Highland Meadow; and authorizing the Mayor to sign any necessary
documents.
Notes:
Agenda Date: 11/08/2016
Agenda Number: F.
Sponsors: Enactment Date: 11/08/2016
Highland Meadow No Parking Memo.pdf, Highland
Meadow No Parking Exhibit.pdf, Highland Meadow
No Parking ORD.pdf
Attachments: Enactment Number: 2016-1449
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 Approved on the
Consent Agenda
11/08/2016City Council
A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling,
that Consent Agenda Items A-G be approved. The motion passed by a unanimous vote.
Action Text:
Text of Legislative File 2016-2959
Title
Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the
Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a
vehicle at all times on portions of Highland Meadow; and authorizing the Mayor to sign any
necessary documents.
Summary
Fiscal Impact:
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-2959)
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
The Engineering Department recommends approval.
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 2/16/2017
1
MEMORANDUM
To: Mayor and City Council
From: Ken Griffin, P.E., Director of Engineering and Public Works
Date: November 8, 2016
Reference: No parking on a portion of Highland Meadow Circle
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 no parking ordinance for a portion of
Highland Meadow Circle.
Analysis:
Over the last year, the City of Coppell has reconstructed Highland Meadow Circle with new
sidewalks, roadway, and utility lines. During this reconstruction process, residents voiced concern
over parking in a specific location. This ordinance will establish no parking on Highland Meadow
Circle on the west side, at its intersection with East Sandy Lake Road southward 210 LF (adjacent
to an HOA maintained open space).
Legal Review:
This agenda item was reviewed by Robert Hager.
Fiscal Impact:
The no parking signs cost approximately $120 each to be made and installed.
Recommendation:
The Engineering Department recommends the approval of the no parking ordinance.
Proposed No ParkingHighland Meadow CircleCreated in ACAD20151 INCH = 1 MILE0W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2016.dwg\HIGHLAND MEADOW NO PARKING LOCCreated on: August 15, 2016 by Kevin Rubalcaba1/21/2 1
1 INCH = FT.0505025Proposed No ParkingHighland Meadow CircleCreated in ACAD2015W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2016.dwg\HIGHLAND MEADOW NO PARKINGCreated on: August 15, 2016 by Kevin Rubalcaba2/2AREA OF PROPOSEDNO PARKING
TM
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING
SECTION 8-3-1(A) OF THE CODE OF ORDINANCES BY MAKING IT
UNLAWFUL TO STOP, STAND, OR PARK A VEHICLE AT ALL TIMES
ON PORTIONS OF HIGHLAND MEADOW CIRCLE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the
same is hereby, amended to provide for no parking zone on portions of Highland Meadow Circle to
read as follows:
“Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL
ZONES/SCHOOL AREAS
A. No parking on specific streets. It shall be unlawful for any person to stop, stand
or park a vehicle at any time in violation of any official sign, curb marking, or street
marking that prohibits, regulates, or restricts the stopping, standing or parking of a
vehicle at the times designated for the following street:
. . . . .
HEARTZ ROAD . . . . .
HIGHLAND MEADOW CIRCLE on the west side, from its intersection with Sandy
Lake Road southward 210 feet;
HOUSTON STREET . . . . .
. . . . .”
SECTION 2. The traffic engineer shall erect official signs, curb markings, or street
markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations
designated herein.
2
TM
SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and
each and every day such violation is continued shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2016.
APPROVED:
KAREN SELBO HUNT, MAYOR
3
TM
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
4
TM
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING
SECTION 8-3-1(A) OF THE CODE OF ORDINANCES MAKING IT
UNLAWFUL TO STOP, STAND, OR PARK A VEHICLE AT ALL TIMES
ON PORTIONS OF HIGHLAND MEADOW CIRCLE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2016.
APPROVED:
KAREN SELBO HUNT, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3023
File ID: Type: Status: 2016-3023 Agenda Item Passed
1Version: Reference: In Control: Engineering
10/17/2016File Created:
Final Action: Food Code ORD AmendmentFile Name:
Title: Consider approval of an Ordinance amending the Code of Ordinances,
Chapter 6 - Business Regulation, Article 6-8, Food Service Regulations,
Section 6-8-1, et al. by adopting new Food Service Regulations; and
authorizing the Mayor to sign any necessary documents.
Notes:
Agenda Date: 11/08/2016
Agenda Number: G.
Sponsors: Enactment Date:
Food Code memo rev.pdf, Food Service Regulations
ORD.pdf
Attachments: Enactment Number: 2016-1450
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 Approved on the
Consent Agenda
11/08/2016City Council
A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling,
that Consent Agenda Items A-G be approved. The motion passed by a unanimous vote.
Action Text:
Text of Legislative File 2016-3023
Title
Consider approval of an Ordinance amending the Code of Ordinances, Chapter 6 -
Business Regulation, Article 6-8, Food Service Regulations, Section 6-8-1, et al. by
adopting new Food Service Regulations; and authorizing the Mayor to sign any necessary
documents.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3023)
Staff Recommendation:
The Engineering Department recommends approval.
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 2/16/2017
1
MEMORANDUM
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
Date: November 8, 2016
Reference: New Food Code Adoption
2030: Community Wellness & Enrichment
General Information:
• Adopt Texas Food Establishment Rules.
• Amend various sections of City of Coppell Food Code Chapter 6-8.
• The attached ordinance shows proposed changes from the current ordinance to the proposed
ordinance in yellow. Portions not highlighted in yellow are part of the current Food Code.
Yellow highlighting will be removed once the ordinance is approved.
Introduction
Consider the approval of Texas Food Establishment Rules (TFER), Title 25, Texas Administration
Code, Chapter 228; and update City of Coppell Food Service Regulation Chapter 6-8 by amending
Section 6-8-2 A, Section 6-8-2 E, Section 6-8-3, Section 6-8-7.
Analysis:
Food establishments across the state of Texas are governed by Texas Food Establishment Rules
(TFER). Texas Department of State Health Services (DSHS) repealed 2006 Texas Food Established
Rules and replaced it with a new version of TFER to reflect current food safety practices and food
technologies based on 2013 FDA Food Code.
Historically the City of Coppell accepted these standards as our minimum by adopting TFER locally.
This re-adoption process provided our staff with the opportunity to examine our ordinance and update
it to reflect the new regulation. We eliminated all of the language in our ordinance that conflicts with
the new TFER.
Some of the changes: including new practices and languages, such as “potentially hazardous food”
being replaced by “time/temperature control for safety food”, and new inspection checklist. It also
requires all employees that handle food products to complete food handler training course, accredited
2
by the Texas Department of State Health Services or American National Standards Institute (ANSI)
within 60 days of employment.
Legal Review:
Agenda item was reviewed by City Attorney on 10/21/2016.
Fiscal Impact:
n/a
Recommendation:
Staff recommends approval.
1
TM 80273
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, BY AMENDING THE CODE OF ORDINANCES, AS
HERETOFORE AMENDING CHAPTER 6, BUSINESS REGULATIONS,
ARTICLE 6-8, FOOD SERVICE REGULATIONS, SECTIONS 6-8-1
THROUGH 6-8-12, REPEALING IT IN ITS ENTIRETY AND
REPLACED BY A NEW ARTICLE 6-8, RETAIL FOOD; PROVIDING A
SEVERABILITY 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 State of Texas has amended, updated, revised and reorganized its
regulations concerning the management, personnel storage and keeping of food and equipment,
utensils and linens; and
WHEREAS, such state of Texas have further revised and updated the maintenance and
operation of physical facilities and the components of water, plumbing and waste management and
private water systems; and
WHEREAS, The City Council of the City of Coppell has determined should be adopted
as local regulations to replace the current food service sanitation regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS
SECTION 1. That the Code of Ordinance of the City of Coppell, Texas, is hereby
amending Chapter 6, Business Regulations, Article 6-8, Food Service Regulations, Sections 6-8-
1 through 6-8-12 should be repealed in its entirety and replaced by a new Article 6-8, Retail Food,
to hereinafter read as follows:
“CHAPTER 6 – Business Regulations
Article 6-8 Food Service Regulation
…..
2
TM 80273
Sec. 6-8-1. Adoption of state rules on food service sanitation
A. The Texas Food Establishment Rules adopted by the Texas Department of
State Health Services 25 TAC, Chapter 228 in its entirety, except as amended herein
are hereby adopted as the City of Coppell Rules for Food Service Sanitation, a copy
of which is attached as Exhibit "A"* to the adoptive ordinance that amends this article,
and which shall be maintained together with the adoptive ordinance in a separate file
in the office of the city secretary. All references contained herein to sections within
this article are in the Texas Administrative Code. The City of Coppell amends the
Texas Food Establishment Rules as follows:
Sec. 6-8-2. Amendments.
A. Definitions Section 228.2 is amended to include the following:
Concession stand means a food establishment operated on a seasonal basis for the
purpose of providing food at sporting and special events.
Food establishment Section 228.2 (57) shall be added to read: "Provided that the
operations do not expose the public to a substantial and imminent health hazard as
determined by the regulatory authority, a food establishment does not include the sale,
distribution or service of food at an event, party or other special event that is not open
to persons other than the members or invited guests of the sponsor, provided that there
is no public advertisement of the event, public solicitation of funds at or for the event,
or participation by the general public in the event."
Seasonal food establishment means a food service establishment that operates at a
fixed location for a period greater than 14 consecutive days, but less than 365 days,
and is restricted to limited food preparation, unless approved by the regulatory
authority.
B. Equipment, utensils and linens. Section 228.2 (46) is amended to read, as
follows:
"Equipment in new or extensively remodeled establishments shall meet National
Sanitation Foundation or equivalent approval. Any other equipment is subject to
approval by the regulatory authority."
C. Grease trap is added to read, as follows:
"A grease trap or grease interceptor is required unless approved by the regulatory
authority. If used, a grease trap or grease interceptor shall be located outside the
facility. It shall be sized according to the plumbing code as currently adopted by the
City of Coppell."
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D. Floors, walls, and ceilings. Section 228.173 is amended as follows:
1. Wall and ceiling coverings and coatings. Section 228.173 (f) is amended to
read:
"The walls and ceilings of walk-in refrigerating units, food preparation areas,
dry storage areas, food storage areas, equipment-washing and utensil washing-
areas, toilet rooms and vestibules shall be light colored, smooth, nonabsorbent,
and easily cleanable."
2. Wall and ceiling coverings and coatings. 228.173 (f) is amended to read:
"Concession stands may use concrete, porous blocks, or bricks for indoor wall
construction if finished and sealed to provide a smooth, easily cleanable, non-
absorbent surface."
3. Floor construction. Section 228.173 shall be added to read:
"Floors and floor coverings of all food preparation, food service, food storage,
and utensil-washing areas, and the floors of all walk-in refrigerating units,
dressing rooms, locker rooms, toilet rooms and vestibules, shall be constructed of
smooth durable material such as terrazzo, ceramic tile, quarry tile or the
equivalent as approved by the regulatory authority and shall be maintained in
good repair. Sealed concrete is not acceptable as a floor surface for areas
mentioned above."
Sec. 6-8-3. - Seasonal food establishments.
A. General. The regulatory authority may impose additional requirements to
protect against health hazards related to the conduct of the seasonal food
establishments, may prohibit the sale of some or all Time / Temperature controlled for
safety food (TCS)— (Formerly Potentially Hazardous Food), and when no health
hazards will result, may waive or modify requirements of this chapter. Seasonal food
establishments shall comply with the requirements of this article.
B. Concession stands. Concession facilities are seasonal food service
establishments generally associated with athletic and recreational facilities. The
degree of regulation of a concession facility shall depend upon the type and volume of
foods conveyed, and the status of the facility.
C. Farmers market. The following does not apply to non- Time / Temperature
controlled for safety food (TCS) uncut produce.
1. All foods must be commercially produced prepackaged items from a
licensed facility or commissary. Product sampling is prohibited. This prohibition
does not apply to food that has been prepared or packaged under conditions
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meeting the requirements of this ordinance and served within facilities meeting
the requirements of this article.
2. A manufacturing permit from the department of state health services and
copies of product labels shall be provided to the regulatory authority.
Sec. 6-8-4. - Temporary food establishments.
Section 228.75 is amended as follows:
A. Food temperatures 228.222 b is amended to read:
"All food temperature requirements shall be met as contained in Section
228.75 of this title (relating to food). Ice shall not be used as a coolant for Time /
Temperature controlled for safety food (TCS) at a temporary food establishment
operating for more than four hours."
B. Limited food prep 228.222 a-1 shall be added to read:
"Those Time / Temperature controlled for safety food (TCS) requiring limited
preparation, such as preformed hamburgers and hot dogs shall be prepared and
served unless otherwise approved by the regulatory authority. No slicing, dicing,
or cutting of food products onsite. This prohibition does not apply to Time /
Temperature controlled for safety food (TCS) that has been prepared or packaged
under conditions meeting the requirements of this Ordinance, is obtained in
individual servings, in facilities that meet the requirements of this Ordinance, and
is served directly in the unopened container in which it was packaged. The
preparation or service of meat sandwiches, smoked or barbecued meats and eggs
are prohibited unless the facility is a fully equipped enclosed building with sinks,
refrigeration, and hot and cold running water. The sale or conveyance of fish, raw
poultry, or shellfish products (except certain prepackaged frozen products) is
prohibited."
Sec. 6-8-5. - Mobile units.
228.221 (a) (3) is amended as follows:
A. Permits. Section 228.221 (a) (4) shall be added to read:
"A schedule of all stops in Coppell including locations and exact times shall
be submitted at the time of the application. Any changes in the schedule shall be
reported to the regulatory authority within three days of such change. Failure to
maintain a current schedule of these stops may result in suspension of the permit
to operate."
Sec. 6-8-6. - Food service regulations, permits, and pre-operational inspections.
A. General.
1. Any reference to "regulatory authority" in the rules shall mean the City of
Coppell Environmental Health Department.
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2. In cases where a person or firm conducts, in a single building or at the same
address, more than one food operation, whether such operations constitute a food
establishment or temporary food establishment, then a separate permit shall be
required for each separate operation.
3. Mechanical refrigeration or effectively insulated facilities are required for
the storage of Time / Temperature controlled for safety food (TCS). Using ice as
the sole coolant for Time / Temperature controlled for safety food (TCS) is not
acceptable, however, ice can be used as a coolant for Time / Temperature
controlled for safety food (TCS) at a temporary food establishment operating for
less than four hours.
B. Permit required. It shall be unlawful for any person to operate a food
establishment within the limits of the City of Coppell without having been issued a
valid food permit. Only a person who complies with the requirements in this article
shall be entitled to receive or retain a permit, and notwithstanding the fact that all
inspections necessary for obtaining a food permit have been completed, such permit
shall not be issued until after the building in which the establishment is to be located
has been issued a certificate of occupancy by the City of Coppell. Permits are not
transferable from one person to another person or place. A valid permit shall be posted
in or on a conspicuous place of every food establishment regulated by this article.
Permits shall remain in effect for 12 months from the date of issuance unless sooner
revoked for cause. Mobile food establishment permits are valid for twelve months. If
the permit is granted to a temporary food establishment, the permit shall be in effect
for a period of time not exceeding 14 consecutive days in conjunction with a single
event or celebration.
C. Issuance of permits.
1. Any person desiring to operate a food establishment shall make written
application for a permit on forms provided by the regulatory authority. The
application shall include the name and address of each applicant, the location and
type of food establishment and the signature of the applicant. An application for
a temporary food establishment shall include the inclusive dates of the proposed
operation. For temporary and seasonal events, applications and fees shall be
submitted at least four working days prior to the start date.
2. The application shall be accompanied by a nonrefundable permit fee
established by resolution of the city council from time to time. Failure to pay the
annual fee shall cause the permit to be automatically revoked.
3. Establishments that provide only non- Time / Temperature controlled for
safety food (TCS), sold or served in original packaging and/or in single use
containers, may be exempt from permitting requirements upon approval of the
regulatory authority. Full compliance with this ordinance, including permit
requirements and associated fees and inspections may be required of
establishments if judged to be capable of causing foodborne illness or increased
public health risk.
D. Submission and review of plans.
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1. Whenever a food establishment is constructed or extensively remodeled and
whenever an existing structure is converted to use as a food establishment,
properly prepared plans and specifications for such construction, remodeling, or
conversion shall be submitted to the regulatory authority for review and approval
before construction, remodeling or conversion is commenced. The plans and
specifications shall include a proposed menu, proposed layout, equipment
arrangement, mechanical plans and construction materials of work areas, and the
type and model of proposed fixed equipment and facilities. No food establishment
shall be constructed, extensively remodeled, or converted except in accordance
with said approved plans and specifications.
2. Deviation from the approved plans and specifications shall result in a food
establishment permit denial, suspension, or revocation.
E. Inspections.
1. The regulatory authority shall inspect the food establishment prior to the
issuance of the food establishment permit to determine compliance with any
approved plans and specifications, compliance with other requirements of this
article and shall determine that a certificate of occupancy has been issued for the
building in which the establishment is to be located.
2. The regulatory authority shall conduct periodic routine inspections to
determine if a food establishment is in compliance with the rules. If during a
routine inspection, immediate correction of a critical item is not achieved, the
regulatory authority shall verify correction of the violation within ten calendar
days. If a critical item is not corrected during the initial inspection, a reinspection
fee, established by resolution of the city council from time to time, shall be
assessed at the follow up inspection.
3. When the total cumulative demerit value of an establishment exceeds 30
demerits, the establishment shall immediately cease operations. The
establishment shall remain closed until corrective action on all identified critical
violations is complete. Corrective action on all other violations must be initiated
within 48 hours. The establishment shall remain closed until reopened by the
regulatory authority. In the case of temporary food establishments, all violations
shall be corrected immediately.
4. Denial of access to regulatory authority shall be cause for suspension or
revocation of the food service permit.
Sec. 6-8-7. - Suspension of a food permit.
A. The regulatory authority may, without warning, notice, or hearing, suspend
any permit to operate a food establishment if the holder of such permit does not comply
with the requirements of this article, or the operation of its establishment does not
comply with the requirements set forth herein, or, if the operation of the food
establishment otherwise constitutes a substantial hazard to public health. Suspension
is effective upon service of the notice. When a permit is suspended, food service
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operations shall immediately cease. Whenever a permit is suspended the holder thereof
shall be afforded an opportunity for a hearing within 20 days after receipt of a written
request for hearing.
B. Whenever a permit is suspended, the holder thereof or the person in charge
shall be notified in writing that an opportunity for a hearing shall be provided if a
written request for hearing is filed with the regulatory authority within ten days after
receipt of notice. If no written request for hearing is filed within ten days, the
suspension is sustained. The regulatory authority may terminate the suspension at any
time if reasons for suspension no longer exist.
Sec. 6-8-8. - Revocation of a food permit.
A. The regulatory authority may, after providing opportunity for hearing,
revoke a permit for serious or repeated violations of any of the requirements of this
article or for interference with the regulatory authority in the performance of its duties.
B. Prior to revocation, the regulatory authority shall notify, in writing, the
holder of the permit or the person in charge, of the specific reason(s) for which the
permit is to be revoked and that the permit shall be revoked at the end of the ten days
after service of such notice unless a written request for hearing is filed within the ten-
day period. If no request for hearing is filed within the ten-day period, the revocation
of the permit becomes final. A permit may be suspended pending its permanent
revocation or a hearing relative thereto.
C. The holder of the revoked permit may make written application for a new
permit.
Sec. 6-8-9. - Examination and condemnation of food.
A. The regulatory authority shall tag, label, or otherwise identify any food
subject to a hold order. No food subject to a hold order shall be used, served, or moved
from the establishment. The regulatory authority's hold order shall permit storage of
the food under the conditions specified in the hold order, unless storage is not possible
without risk to the public health, in which case immediate destruction shall be ordered
and accomplished.
B. A hold order shall state that a request for hearing may be filed within ten
days after issuance thereof and that if no hearing is requested the food shall be
destroyed. On the basis of evidence produced at that hearing, the hold order may be
vacated, or the owner or person in charge of the food may be directed by written order
to denature or destroy such food or to bring it into compliance with the provisions of
this article.
Sec. 6-8-10. - Hearings.
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The hearings provided for in this article shall be conducted by the city manager at a
time and place designated by it. Testimony given at a hearing shall be recorded verbatim.
The city manager shall make a final finding based upon the complete record, and shall
sustain, modify or rescind any notice or order considered in the hearing. The regulatory
authority shall furnish a written report of the hearing decision to the holder of the permit.
Sec. 6-8-11. - Service of notices.
A notice provided for in this article is properly served when it is delivered to the holder
of the permit or the person in charge, or when it is sent by registered or certified mail,
return receipt requested, to the last known address of the holder of the permit.
SECTION 2. That all provisions of the Code of Ordinance of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held
to be void or unconstitutional, illegal, or invalid, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall
remain in full force and effect.
SECTION 4. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Code of Ordinance, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 5. That any person, firm, or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance for 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 6. 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.
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DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2016
APPROVED:
____________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3017
File ID: Type: Status: 2016-3017 Agenda Item Agenda Ready
2Version: Reference: In Control: Planning
10/13/2016File Created:
11/08/2016Final Action: PD-197R3-H, Old Town Coppell THS, Lot 1, Blk A &
Lot 1, Blk B (R#3)
File Name:
Title: PUBLIC HEARING:
Consider approval of Case No. PD-197R3-H, Old Coppell Townhomes,
Lot 1, Block A & Lot 1, Block B, a zoning change request from
PD-197R-H (Planned Development-197 Revision-Historic ) to PD-197R3-H
(Planned Development -197 Revision 3-Historic), to amend the Concept
Plan and attach a Detail Site Plan to allow three (3) live/work units on
0.272 acres and three (3) live/work units on 0.255 acres of property located
at the northeast and southeast corners of S. Coppell Road and McNear
Drive.
Notes:
Agenda Date: 11/08/2016
Agenda Number: 9.
Sponsors: Enactment Date:
Appeal Letter.pdf, Cover Memo.pdf, Staff Report.pdf,
Site Plan.pdf, Live work Lofts Floor Plan (Sheet
A-1).PDF, Live Work Lofts Elevations (Sheet A-3)
.PDF, Tree Perservation Mitigation (Sheet L-1).pdf,
Landscape Plan (Sheet L-2).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 PassDenied10/20/2016Planning & Zoning
Commission
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3017)
Gary Sieb, Director of Planning, mentioned that the case was held under advisement initially on April
21, 2016, and subsequently postponed twice after that date allowing the applicant an opportunity to
address staff's various concerns with the proposal. He introduced the revised case with exhibits,
elevations, floor plan and a material board. He stated that staff is recommending denial because of the
applicant's failure to comply with city codes and ordinances relative to work/live structures.
Ron Lustig, Bungalow Company, 733 Creek Valley Court, Allen, Texas, was present to present this
case and to address questions from staff and Commission about outstanding issues. He did not agree
with staff's recommendation to deny.
Chairman Haas opened the Public Hearing, asking for people who wanted to speak either in favor or
opposition or wanted to comment on this request to come forward. The following people spoke:
Mr. Robert Larsen, 530 Mobley Way Court, spoke in opposition.
Mr. Roger Glass, 512 McNear Drive, spoke in opposition.
Both expressed concerns with density, parking, primary use among others.
After much discussion, Commissioner Sarma motioned to deny this case as submitted. Seconded by
Commissioner Robinson; motion carried (6-0).
Action Text:
Chair Edmund Haas, Vice Chair Glenn Portman, Commissioner Ed
Darling, Commissioner Doug Robinson, Commissioner Vijay Sarma, and
Commissioner George Williford
6Aye:
2 Denied11/08/2016City Council
Page 2City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3017)
Mayor Hunt opened the Public Hearing and read the caption into the record.
Presentation: Gary Sieb, Director of Planning, explained that this item has been pending since April.
He advised that there were eleven (11) outstanding concerns when the item was first presented and
that four (4) of the items have been addressed, to date. Mr. Sieb further advised that the Planning and
Zoning Commission unanimously denied the request on October 20, 2016.
Mr. Ron Lustig, 733 Creek Valley Court, Allen, Texas, applicant, explained that some of the City's
codes have changed since they first made application for this project.
Mayor Hunt asked for the following individuals who signed up to speak:
1) Michael Elliott, 542 Mobley Way Court, spoke in opposition to three (3) units on each of the lots and
the live/work scenario. Mr. Elliott expressed his concern for property values in the area.
2) Robert Larsen, 530 Mobley Way Court, spoke in opposition to the project, citing that the businesses
should be in the front of the unit. Mr. Larson also expressed concern for the zoning of the property
being commercial and the units becoming rentals. He stated the City should not lower their standards.
3) Roger Glass, 512 McNear Drive, spoke in opposition to the project and requested the Council not
overturn the decision of the Planning and Zoning Commission. Mr. Glass stated he feels something
should be built there that fits with the overall plan of Old Town Coppell. He further expressed his
concern for the lack of space for emergency vehicles to get through the area if these units are built as
proposed.
A motion was made by Councilmember Gary Roden, seconded by Councilmember Nancy Yingling, to
close the Public Hearing and approve this item subject to the following conditions:
1) first floor restroom must meet commercial ADA requirements;
2) sewer service cannot go thru/under proposed buildings;
3) mutual access easement on east side of project must be a 24-footwide
fire lane;
4) tree mitigation numbers were wrong;
5) minimum 15-foot side yard setbacks are required;
6) lack of providing all room dimensions;
7) discrepancy in building air conditioned square footage;
8) at least 50% of first floor must be true work area;
9) square footage stated on plan and measured square footage do
not track;
10) major inconsistencies in drawings—sidewalks, handicap
parking spaces, etc.; and
11) submission of materials board.
The motion was denied by a unanimous vote.
Action Text:
Text of Legislative File 2016-3017
Title
PUBLIC HEARING:
Consider approval of Case No. PD-197R3-H, Old Coppell Townhomes, Lot 1, Block A &
Lot 1, Block B, a zoning change request from PD -197R-H (Planned Development -197
Revision-Historic ) to PD-197R3-H (Planned Development-197 Revision 3-Historic), to
amend the Concept Plan and attach a Detail Site Plan to allow three (3) live/work units on
0.272 acres and three (3) live/work units on 0.255 acres of property located at the northeast
and southeast corners of S. Coppell Road and McNear Drive.
Summary
See attached letter from Ronald Lustig, Bungalow Company, dated October 25, 2016
appealing the Planning Commission’s decision to City Council.
Page 3City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3017)
A ¾ VOTE OF CITY COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE
PLANNING COMMISSION’S DENIAL OF THIS ZONING CHANGE.
Staff Recommendation:
On October 20, 2016, the Planning Commission unanimously recommended denial of this
ZONING CHANGE (6-0) because of the applicant ’s failure to comply with our codes and
ordinances relative to work /live structures. Commissioners Williford, Sarma, Robinson,
Haas, Portman and Darling voted denial; none opposed.
The Planning Department recommended DENIAL.
Goal Icon:
Business Prosperity
Page 4City of Coppell, Texas Printed on 2/16/2017
1
MEMORANDUM
To: Mayor and City Council
From: Gary L. Sieb, Director of Planning
Date: November 8, 2016
Reference: Consider approval of Case No. PD 197R3 H, Old Coppell Townhomes, Lot 1, Block A &
Lot 1, Block B, a zoning change request from PD 197R H (Planned Development 197
Revision Historic) to PD 197R3 H (Planned Development 197 Revision 3 Historic), to
amend the Concept Plan and attach a Detail Site Plan to allow three (3) live/work units on
0.272 acres and three (3) live/work units on 0.255 acres of property located at the northeast
and southeast corners of S. Coppell Road and McNear Drive.
2030: Business Prosperity
Introduction:
This a request for six work/live condo units on two lots. The concern with this proposal is the application
of work/live use as discussed and defined in the building code. In July of 2003, a Conceptual Planned
Development (PD-197-H) was granted on the parcel reflecting 19 townhomes, 2 free standing residential
lots, private open space, and two commercial lots facing Coppell Road on 3.8 acres. This request is for
the two lots currently zoned for commercial uses and shown on the plan as commercial, office or retail
use in nature. The uses proposed here, primarily residential structures, have never been contemplated for
this property.
Analysis:
On October 20, 2016, the Planning & Zoning Commission unanimously recommended DENIAL of Case
No. PD-197R3-H.
A ¾ vote of City Council will be required to overrule this recommendation of denial.
Legal Review:
This did not require city attorney review.
Fiscal Impact:
None
Recommendation:
The Planning Department recommends Denial.
Attachments:
1. Staff Report
2. Site Plan
2
3. Live/Work Lofts Floor Plans (Sheet A-1)
4. Live/Work Lofts Floor Plans (Sheet A-2) This exhibit was eliminated from the resubmittal
packet
5. Live/Work Lofts Elevations (Sheet A-3)
6. Tree Preservation/Mitigation (Sheet L-1)
7. Landscape Plan (Sheet L-2)
ITEM #04
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-197R3-H, Old Coppell Townhomes, Lot 1, Block A & Lot 1, Block B
P&Z HEARING DATE: April 21, 2016 (Held under advisement for applicant modification and
resubmitted for an October 20 hearing)
C.C. HEARING DATE: May 10, 2016 (November 8, 2016)
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: NEC & SEC of S. Coppell Road & McNear Drive
SIZE OF AREA: 0.527 total acres of property
CURRENT ZONING: PD-197R-H (Planned Development-197 Revision-Historic)
REQUEST: A zoning change request to PD-197R3-H (Planned Development-197 Revision 3-
Historic), to amend the Concept Plan and attach a Detail Site Plan to allow a total
of six (6) live/work units.
APPLICANT: OWNER APPLICANT
Ron Robertson Ron Lustig
569 S. Coppell Road 733 Creek Valley Court
Coppell, TX. 75019 Allen, TX. 75002
(972) 393-2152 (214) 914-4251
Email: none email: rlustig@msn.com
HISTORY: In April of 2002, council accepted the Old Coppell Master Plan as a guide for
development of the subject property. In July of 2003, a Conceptual Planned
Development (PD-197) was granted on the parcel reflecting 19 townhomes, 2 free
standing residential lots, private open space, and two commercial lots facing
Coppell Road on 3.8 acres of land. In December of 2003, a Detailed Site Plan for
the townhouses and the recreational portion of the PD was approved. In November
of 2005 two single family residences were approved by council on the two vacant
residential lots. The only remaining vacant land are the two lots facing Coppell
Road and the subject of this request. Up until this request, the subject lots have
generated no zoning activity. Because of several inconsistencies in the proposal
and concerns of staff which warranted modification of the plan, on April 21
the Planning Commission held the case under advisement to allow the
applicant an opportunity to alter the plan, address stated staff issues, and come
into conformance with codes and ordinances.
ITEM #04
Page 2 of 4
HISTORIC COMMENT: Staff has found nothing of historic significance on this property—it is vacant land, and
has been so for a number of years.
TRANSPORTATION: Coppell Road is a recently completed C2U, concrete two-lane undivided street with
curb and gutter contained within a 60-foot right-of-way. McNeal Drive is a concrete
residential street with curb and gutter contained within a 50-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North: vacant and residential; Planned Development 197R-H, Historic
South: commercial metal building; “H”, Historic
East: single family residences: Planned Development 197R-H, Historic
West: commercial swimming pool contractor; Planned Development 186R2-LI
COMPREHENSIVE PLAN:
Coppell 2030, A Comprehensive Master Plan, shows this property as appropriate
for Old Coppell Historic District uses.
DISCUSSION: The uses proposed here, six work/live condo units on two lots, are one’s staff could
normally support. The problem with this proposal, however, is that it is an
incomplete submission, the application of work/live use is questionable as
submitted here, and required exhibits for review are lacking.
Specifically, required landscape calculations are missing in the Perimeter
Landscape chart and needs to be addressed, the applicant must recognize and place
on all exhibits that these structures will be sprinklered, a tree well along Coppell
Road is needed on the South Lot, parking calculations for each lot and use are not
shown, and provision of a materials board has not been met, among others.
Perhaps the most serious problem staff has with this request is the fact that a certain
amount of “poetic license” has been taken relative to what a work/live unit entails.
In review of the floor plans for this proposal, it appears that the “work” element
contains 217 square feet at best, and the remainder of the first floor-the “live”
portion, calculated at 517 square feet, is twice the size of the “work” area. If these
units are to be true work/live facilities, the square footage space should be reversed
with the majority of “live” on the second floor, the majority of “work” on the first
floor. In addition, rather than tucked away at the back of the structure, the “work”
element should be the first activity one observes upon entering the building. Also
one will recall when council approved our first work/live request, they made it very
clear that the first floor should be primarily a work unit. If the floor plans are
redesigned, the work element is enlarged to be the primary use on the first floor,
and calculations are provided regarding required parking, this proposal would make
a lot more sense. One more point regarding parking. It would be advisable to
include a tree island in front of the South Lot (similar to that shown on the North
Lot) to better address the 50% landscaping requirement of front yard landscaping
normally required in similar cases. The applicant must also be cautious regarding
the vast side window areas shown with buildings only 5 feet apart. Building codes
have strong regulations regarding openings (penetrations) along exterior walls.
Finally, in review of the elevations of these structures, they have a strong
resemblance to ordinary single family units, a use our Comprehensive Master Plan
ITEM #04
Page 3 of 4
does not support along Coppell Road. A more “commercial” facade would be
recommended—raised porch, larger/redesigned windows on first floors, more
commercial style doors, better thought out signage size, design, and location would
all help to exacerbate the residential impression and feel one would experience
along Coppell Road with this design.
To summarize, and this is not all inclusive, if the units are redesigned to better
reflect the concept behind work/live units, the incomplete application is finalized,
the missing calculations regarding required landscaping is provided, notes are
added to the exhibits as requested above, parking counts that reflect code mandated
numbers are shown, a more commercial design “feel” is presented, and a true
materials board is submitted, staff could review this proposal in a different light.
Until all information is provided, however, we cannot support this request.
As stated in the modified HISTORY section of this report, we have a zoning
case that has been pending since April 21, 2016. Planning Commission held
the case under advisement to allow the applicant an opportunity to make
alterations to the plan including revision to landscape calculations, reflection
of a true “work/live” proposal, bring consistency to the proposal, provide a
material board (remember the sack exhibit) to show building materials,
among others.
On several occasions, the applicant has requested additional time to address
staff concerns. On August 17 plans were resubmitted that were identical to
the case held under advisement back in April. When advised the resubmittal
did not address concerns expressed in April, the applicant requested the case
be postponed once again. Staff complied with the applicant’s request and on
September 21, a third effort was submitted—still with major staff concerns.
On October 6, staff met with the applicant face-to-face at our scheduled
Development Review Committee meeting and discussed a number of issues
with the request. Included in that discussion:
first floor restroom must meet commercial ADA requirements
sewer service cannot go thru/under proposed buildings
mutual access easement on east side of project must be a 24-foot-
wide fire lane
tree mitigation numbers were wrong
minimum 15-foot side yard setbacks are required
lack of providing all room dimensions
discrepancy in building air conditioned square footage
at least 50% of first floor must be true work area
square footage stated on plan and measured square footage do
not track
major inconsistencies in drawings—sidewalks, handicap
parking spaces, etc.
submission of materials board
ITEM #04
Page 4 of 4
Generally, when an applicant receives written detailed staff review of a
proposed zoning case, the applicant appears before our Development Review
Committee with responses to staff concerns. The fact that this applicant had
appeared before the DRC on two prior occasions would suggest that
familiarity with the review system was understood. Unfortunately, the
applicant again stated that he had not had enough time to respond to staff
issues.
As further background of staff’s attempt to guide the proposal through the
development process, this applicant was advised his final revised plans needed
to be in our office by noon, Tuesday, October 11, a scheduling requirement for
all planning case submittals. On Tuesday morning, the applicant advised staff
he could not comply with the noon deadline. At that point the Planning
Director gave him a 10:00 am Wednesday deadline, and if the revisions were
not in by that time, the case would be recommended for denial because of non-
compliance with city ordinances. At 12:20 Wednesday afternoon revised plans
were submitted.
After an analysis of those plans, this proposal still does not meet city codes and
ordinances. Of the eleven detailed concerns discussed on October 6, the
applicant has complied with only four (tree mitigation, room dimension
figures, drawing exhibit consistencies, material board). That being the case,
the fact that the applicant has had more than ample time to comply with our
codes, and the additional fact that staff has reviewed, re-reviewed, and re-
reviewed this proposal for over nine months with no substantial code
requirement changes, we recommend the case be denied.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending taking this case UNDER ADVISEMENT to such date that the applicant can address
staff concerns. If the applicant cannot make substantial changes to this request, staff would recommend
DENIAL of the proposal as submitted.
Because of failure to comply with our codes and ordinances relative to work/live structures, staff
recommends this case be DENIED.
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. Site Plan
2. Live/Work Lofts Floor Plans (Sheet A-1)
3. Live/Work Lofts Floor Plans (Sheet A-2) This exhibit was eliminated from the resubmittal packet
4. Live/Work Lofts Elevations (Sheet A-3)
5. Tree Preservation/Mitigation (Sheet L-1)
6. Landscape Plan (Sheet L-2)
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3022
File ID: Type: Status: 2016-3022 Ordinance Passed
1Version: Reference: In Control: Administration
10/17/2016File Created:
11/08/2016Final Action: ZS Pharma - public hearing and ordinanceFile Name:
Title: PUBLIC HEARING:
Consider approval of an Ordinance designating ZS Pharma, Inc.,
Reinvestment Zone No. 107 pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act, and authorizing the Mayor to
sign.
Notes:
Agenda Date: 11/08/2016
Agenda Number: 10.
Sponsors: Enactment Date: 11/08/2016
ZS Pharma - PH and Ordinance Memo.pdf, ZS
Pharma - Public Hearing Notice.pdf, ZS Pharma
Ordinance.pdf
Attachments: Enactment Number: 2016-1451
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 Approved11/08/2016City Council
Presentation: Mindi Hurley, Economic Development Coordinator, read the caption into the record and
made a presentation to Council.
Mayor Hunt opened the Public Hearing and announced there was no one signed up to speak.
A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Mark Hill, to
close the Public Hearing and approve this Agenda Item. The motion passed by a unanimous vote.
Action Text:
Text of Legislative File 2016-3022
Title
PUBLIC HEARING:
Consider approval of an Ordinance designating ZS Pharma, Inc., Reinvestment Zone No.
107 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act,
and authorizing the Mayor to sign.
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3022)
Summary
The Public Hearing Notice was published in the Citizens’ Advocate on Friday, October 28,
2016. The public hearing is for the designation of a reinvestment zone for ZS Pharma, Inc.,
property described as Lot3R-1, Block 8 of Park West Commerce Center (15.688 acres) and
located at the northwest corner of Wrangler and Enterprise.
Fiscal Impact:
Staff Recommendation:
Economic Development recommends approval.
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 2/16/2017
1
MEMORANDUM
To: Mayor and City Council
From: Clay Phillips, City Manager
Date: November 8, 2016
Reference: Consider approval of an Ordinance designating ZS Pharma, Inc., Reinvestment Zone
No. 107 pursuant to Section 312.201 of the Property Redevelopment and Tax
Abatement Act, and authorizing the Mayor to sign.
2030: Business Prosperity
Executive Summary:
ZS Pharma, Inc. is a biopharmaceutical company. They currently lease space at 508 Wrangler
Drive, but they will be increasing their footprint at this location. This public hearing and ordinance
are required to create Reinvestment Zone No. 107.
Introduction:
ZS Pharma, Inc. is a biopharmaceutical company that was founded in 2008. The company became
public in 2014 and joined the AstraZeneca Group in 2015. ZS Pharma is dedicated to challenging
the status quo in disease states where therapeutic options have been limited. They are currently
focused on using proprietary ion-exchange technology to develop new treatments that are focused
on addressing unmet needs in the medical community.
ZS Pharma is currently leasing 26,000 square feet of space at 508 Wrangler Drive. This expansion
will add an additional 72,000 square feet for a total of 98,000 square feet. They will be adding
approximately $75 million in new capital investment for the manufacturing/processing, packaging
and warehousing of a new pharmaceutical product.
In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to
create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both of
those requirements. The public hearing is held to determine if the improvements in the zone are
feasible, practical and of benefit to the land. The ordinance will create Reinvestment Zone No. 107.
Analysis:
The Public Hearing Notice was published in the Citizens’ Advocate on Friday, October 28, 2016.
2
The public hearing is for the designation of a reinvestment zone for ZS Pharma, Inc., property
described as Lot3R-1, Block 8 of Park West Commerce Center (15.688 acres) and located north of
Wrangler and west of Enterprise.
Legal Review:
The documents were created by Pete Smith.
Fiscal Impact:
N/A
Recommendation:
Economic Development recommends approval.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 8th day of November,
2016, at 7:30 P.M., to consider designation of the property
described as Lot3R-1, Block 8 of Park West Commerce Center
(15.688 acres), located north of Wrangler and west of Enterprise,
Coppell, Texas, ZS Pharma, Inc. as a Reinvestment Zone under
Chapter 312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens’ Advocate October 28, 2016
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
& OPEN CARRY LEGISLATION
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).
Pursuant to Section 30.06, Penal Code (trespass by license
holder with a concealed handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a concealed handgun.
Pursuant to Section 30.07, Penal Code (trespass by license
holder with an openly carried handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a handgun that is carried
openly.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.__________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 107 (ZS
PHARMA, INC.); PROVIDING ELIGIBILITY OF THE ZONE FOR
COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING
FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A
REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND
THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in
a newspaper having general circulation in the City and has delivered such notice to the presiding officer
of the governing body of each taxing unit that includes in its boundaries real property described herein;
and,
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on
the designation of the area described herein as a reinvestment zone; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, THAT:
SECTION 1. The City Council of the City of Coppell, Texas, finds that the area described
herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or
expansion of primary employment, or to attract major investment in the zone that will be of benefit to the
property and contribute to the economic development of the City. The City Council further finds that the
improvements sought are feasible and practicable and would be of benefit to the land to be included in the
zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the real
property described in Exhibit “A” and made a part hereof for all purposes is hereby designated as a
reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 107 ZS Pharma,
Inc.”
SECTION 3. The property within Reinvestment Zone No. 107 is eligible for commercial-
industrial tax abatement effective on January 1, 2016.
SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance
shall be adjudged invalid or held unconstitutional, 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 invalid or
unconstitutional.
SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with the
provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not in conflict
with the provisions of this Ordinance shall remain in full force and effect.
SECTION 6. This Ordinance shall take effect immediately from and after its passage, as the
law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ________ day of
_______________, 2016.
APPROVED:
_________________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
_________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
Exhibit “A”
(Legal Description of Land)
Lot3R-1, Block 8 of Park West Commerce Center (15.688 acres)
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3044
File ID: Type: Status: 2016-3044 Ordinance Passed
1Version: Reference: In Control: Administration
10/31/2016File Created:
11/08/2016Final Action: Raj Malik- public hearing and ordinanceFile Name:
Title: PUBLIC HEARING:
Consider approval of an Ordinance designating Raj Malik, Reinvestment
Zone No. 108 pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act, and authorizing the Mayor to sign.
Notes:
Agenda Date: 11/08/2016
Agenda Number: 11.
Sponsors: Enactment Date: 11/08/2016
Raj Malik - PH and Ordinance Memo.pdf, Raj Mailk -
Public Hearing Notice.pdf, Raj Malik - Ordinance.pdf
Attachments: Enactment Number: 2016-1452
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 Approved11/08/2016City Council
Presentation: Mindi Hurley, Economic Development Coordinator, read the caption into the record and
made a presentation to Council.
Mayor Hunt opened the Public Hearing and announced there was no one signed up to speak.
A motion was made by Mayor Pro Tem Wes Mays, seconded by Councilmember Long, to close the
Public Hearing and approve this Agenda Item. The motion passed by a unanimous vote.
Action Text:
Text of Legislative File 2016-3044
Title
PUBLIC HEARING:
Consider approval of an Ordinance designating Raj Malik, Reinvestment Zone No. 108
pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and
authorizing the Mayor to sign.
Summary
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3044)
The Public Hearing Notice was published in the Citizens’ Advocate on Friday, October 28,
2016. The public hearing is for the designation of a reinvestment zone for Raj Malik,
property described as a portion of the J. L. Whitman Survey, Abstract 1521 in Dallas
County, Texas (approximately 20 acres), located south of Dividend Drive and east of S. Belt
Line Road.
Fiscal Impact:
Staff Recommendation:
Economic Development recommends approval.
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 2/16/2017
1
MEMORANDUM
To: Mayor and City Council
From: Clay Phillips, City Manager
Date: November 8, 2016
Reference: Consider approval of an Ordinance designating Raj Malik, Reinvestment Zone No.
108 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement
Act, and authorizing the Mayor to sign.
2030: Business Prosperity
Executive Summary:
Raj Malik is purchasing approximately 20 acres of land at the southeast corner of Dividend and S.
Belt Line for a future office use. This public hearing and ordinance are required to create
Reinvestment Zone No. 108.
Introduction:
Raj Malik is purchasing approximately 20 acres of land at the southeast corner of Dividend Drive
and S. Belt Line Road. This land will be used for an office use. The office user and associated
incentive agreement will be brought to City Council for approval at a later date.
In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to
create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both of
those requirements. The public hearing is held to determine if the improvements in the zone are
feasible, practical and of benefit to the land. The ordinance will create Reinvestment Zone No. 108.
Analysis:
The Public Hearing Notice was published in the Citizens’ Advocate on Friday, October 28, 2016.
The public hearing is for the designation of a reinvestment zone for Raj Malik, a portion of the J. L.
Whitman Survey, Abstract 1521 in Dallas County, Texas(approximately 20 acres), located south of
Dividend Drive and east of S. Belt Line Road, Coppell, Texas
Legal Review:
The documents were created by Pete Smith.
2
Fiscal Impact:
N/A
Recommendation:
Economic Development recommends approval.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 8th day of November,
2016, at 7:30 P.M., to consider designation of the property
described as a portion of the J. L. Whitman Survey, Abstract 1521
in Dallas County, Texas(approximately 20 acres), located south of
Dividend Drive and east of S. Belt Line Road, Coppell, Texas, Raj
Malik as a Reinvestment Zone under Chapter 312 of the Texas
Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens’ Advocate October 28, 2016
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
& OPEN CARRY LEGISLATION
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).
Pursuant to Section 30.06, Penal Code (trespass by license
holder with a concealed handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a concealed handgun.
Pursuant to Section 30.07, Penal Code (trespass by license
holder with an openly carried handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a handgun that is carried
openly.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.__________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 108 (RAJ
MALIK); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-
INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND
THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE
AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in
a newspaper having general circulation in the City and has delivered such notice to the presiding officer
of the governing body of each taxing unit that includes in its boundaries real property described herein;
and,
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on
the designation of the area described herein as a reinvestment zone; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, THAT:
SECTION 1. The City Council of the City of Coppell, Texas, finds that the area described
herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or
expansion of primary employment, or to attract major investment in the zone that will be of benefit to the
property and contribute to the economic development of the City. The City Council further finds that the
improvements sought are feasible and practicable and would be of benefit to the land to be included in the
zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the real
property described in Exhibit “A” and made a part hereof for all purposes is hereby designated as a
reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 108 Raj Malik.”
SECTION 3. The property within Reinvestment Zone No. 108 is eligible for commercial-
industrial tax abatement effective on January 1, 2016.
SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance
shall be adjudged invalid or held unconstitutional, 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 invalid or
unconstitutional.
SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with the
provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not in conflict
with the provisions of this Ordinance shall remain in full force and effect.
SECTION 6. This Ordinance shall take effect immediately from and after its passage, as the
law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ________ day of
_______________, 2016.
APPROVED:
_________________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
_________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
Exhibit “A”
(Legal Description of Land)
A portion of the J. L. Whitman Survey, Abstract 1521 in Dallas County, Texas(approximately 20 acres), located
south of Dividend Drive and east of S. Belt Line Road, Coppell, Texas.
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3055
File ID: Type: Status: 2016-3055 Agenda Item Passed
1Version: Reference: In Control: Engineering
11/01/2016File Created:
11/08/2016Final Action: Grapevine Creek Design ContractFile Name:
Title: Consider approval of a design contract with Teague Nall and Perkins, INC.
for the design of bank stabilization for the Grapevine Creek in the
Grapevine Springs Park; in the amount of $100,500.00; as budgeted in
General Fund Designated Fund Balance; and authorizing the City Manager
to sign necessary documents.
Notes:
Agenda Date: 11/08/2016
Agenda Number: 12.
Sponsors: Enactment Date:
1 Grapevine Springs Memo.pdf, Grapevine Springs
Proposed Exhibit.pdf, Grapevine Springs Design
Contract.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 Approved11/08/2016City Council
Presentation: Mike Garza, Assistant Director of Engineering, made a presentation to Council. He
explained that since 1994 the City has had a contract with the City of Dallas to maintain Grapevine
Creek in the Grapevine Springs Park for 99 years. He further explained that the erosion from the
creek is pulling down trees and getting close to the surrounding fence. Mr. Garza advised that the
proposed contract with Teague Nall and Perkins, Inc., is for bank stabilization in the amount of
$360,000.
A motion was made by Councilmember Nancy Yingling, seconded by Councilmember Gary Roden,
that this Agenda Item be approved. The motion passed by a unanimous vote.
Action Text:
Text of Legislative File 2016-3055
Title
Consider approval of a design contract with Teague Nall and Perkins, INC. for the design of
bank stabilization for the Grapevine Creek in the Grapevine Springs Park; in the amount of
$100,500.00; as budgeted in General Fund Designated Fund Balance; and authorizing the
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3055)
City Manager to sign necessary documents.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
The Engineering Department recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 2/16/2017
1
MEMORANDUM
To: Mayor and City Council
From: Ken Griffin, P.E., Director of Engineering and Public Works
Date: November 8, 2016
Reference: Design Contract for Bank Stabilization in Grapevine Springs Park
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General:
• This is for design only. Award of actual construction will be at a subsequent meeting.
• Design cost is $100,500 and the estimated construction cost is $360,000.
• Unlike other creeks in town, the City has the responsibly to maintain this creek bank via our
agreement with Dallas County.
Introduction:
This agenda item is being presented for approval to enter into a design contract with Teague, Nall
and Perkins, Inc. in the amount of $100,500.00, for the design of a retaining wall to provide bank
stabilization in Grapevine Springs Park.
Analysis:
In September of 1994, Dallas County and the City of Coppell approved an open space agreement for
this park that was donated to Dallas County. The agreement is for the maintenance of the park to be
the responsibility of the City of Coppell for a term of 99 years. Grapevine Creek meanders through
this park which is to be maintained by the City. We have recently been notified that a portion of the
creek has begun to erode behind the residence of 257 Rosemount Ct. The creek is on City maintained
property but is slowly encroaching towards private property. We are trying to get this design and
construction started before it reaches the private property. This design contract will include an
analysis of the hydraulics, a geotechnical investigation and environmental impact assessment as well
as a design for the creek stabilization. Once the design is complete, the City will bid the
improvements and bring that to a subsequent Council for approval.
2
Legal Review:
The City’s standard design contract has been reviewed by legal periodically, with changes made as
requested.
Fiscal Impact:
The fiscal impact of this Agenda item is $100,500.00 from the General Fund Designated Fund
Balance.
Recommendation:
The Engineering Department recommends approval of this contract with Teague, Nall and Perkins,
Inc.
PROPOSED EROSION CONTROLBANK STABILIZATION257 ROSEMOUNT CTCreated in ACAD20151 INCH = 1 MILE0W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2016.dwg\EROSION CONTROLCreated on: November 2, 2016 by Kevin Rubalcaba1/21/2 1
1 INCH = FT.010010050PROPOSED EROSION CONTROLBANK STABILIZATION257 ROSEMOUNT CTCreated in ACAD2015W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2016.dwg\EROSION CONTROLCreated on: November 2, 2016 by Kevin Rubalcaba2/2PROPOSEDBANK STABILIZATION
Page 1
AUTHORIZATION FOR PROFESSIONAL SERVICES
PROJECT NAME: Grapevine Creek Bank Stabilization
TNP PROJECT NUMBER: CPL XXXXX
CLIENT: The City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019-9478
The City of Coppell (the CITY) hereby requests and authorizes Teague Nall and Perkins, Inc., (the
CONSULTANT) to perform the following services:
Article I
SCOPE: Provide engineering and surveying services related to the planning and design of erosion control
improvements along Grapevine Creek in the vicinity of Rosemount Court, as shown on Exhibit ‘E’.
A detailed scope of services is included as Attachment 'A' and is made a part hereto.
Article II
COMPENSATION to be on a basis of the following (see also, Attachment ‘C’):
1. BASIC SERVICES: The CITY agrees to pay the CONSULTANT $100,500 (one-hundred thousand
five hundred dollars) for BASIC SERVICES on either a fixed fee or time-and-expense basis. The
scope of BASIC SERVICES is outlined in Attachment 'A.' The basis for compensation is outlined in
Attachment ‘C.’
2. ADDITIONAL SERVICES: When authorized in writing by the CITY, ADDITIONAL SERVICES shall
be considered additional work and the CITY agrees to pay (reimburse) CONSULTANT at
CONSULTANT’s standard hourly rates or CONSULTANT’s standard rates for items provided in-
house, or direct expenses times a multiplier of 1.10 for non-labor, subcontract or mileage items
(see Attachment ‘D’). ADDITIONAL SERVICES, when authorized, will be billed monthly based upon
the labor effort required and expenses incurred within each billing period.
3. PAYMENT TERMS: CITY shall be billed monthly for services rendered and pay promptly upon
receipt of invoice. Delays of transmitting payments to CONSULTANT more than 30 days from
invoice date may result in cessation of services until payment is received.
Article III
SCHEDULE: The proposed services shall begin within ten (10) working days of written notice to proceed. The
scope of services will be completed in accordance with the Project Schedule as outlined in Attachment 'B'.
Page 3
PROVISIONS
1. AUTHORIZATION TO PROCEED
Signing this agreement shall be construed as authorization by
CLIENT for TNP, Inc. to proceed with the work, unless otherwise
provided for in this agreement.
2. LABOR COSTS
TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP,
Inc.'s employees for work performed on CLIENT’s Project plus a
stipulated percentage of such salaries to cover all payroll-related
taxes, payments, premiums, and benefits.
3. DIRECT EXPENSES
TNP, Inc.'s Direct Expenses shall be those costs incurred on or
directly for the CLIENT's Project, including but not limited to
necessary transportation costs including mileage at TNP, Inc.'s
current rate when its, or its employee’s, automobiles are used,
meals, lodging, laboratory tests, computer services, telephone,
printing and binding charges times a multiplier of 1.10.
Reimbursement for these expenses shall be on the basis of actual
charges when furnished by commercial sources and on the basis of
usual commercial charges when furnished by TNP, Inc.
4. OUTSIDE SERVICES
When technical or professional services are furnished by an outside
source, an additional amount of 10% (actual cost times a multiplier
of 1.10) shall be added to the cost of these services for TNP, Inc.'s
administrative costs.
5. OPINION OF PROBABLE COST
In providing opinions of probable cost, the CLIENT understands that
TNP, Inc. has no control over construction costs or the price of labor,
equipment, or materials, or over the Contractor’s method of pricing,
and that the opinions of probable cost provided to CLIENT are to
be made on the basis of the design professional’s qualifications and
experience. TNP, Inc. makes no warranty, expressed or implied, as
to the accuracy of such opinions as compared to bid or actual costs.
6. PROFESSIONAL STANDARDS
TNP, Inc. shall be responsible, to the level of competency presently
maintained by other practicing professional engineers in the same
type of work in the State of Texas, for the professional and
technical soundness, accuracy, and adequacy of all design,
drawings, specifications, and other work and materials furnished
under this Authorization. TNP, Inc. makes no other warranty,
expressed or implied.
7. TERMINATION
Either CLIENT or TNP, Inc. may terminate this authorization by giving
10 days written notice to the other party. In such event CLIENT shall
forthwith pay TNP, Inc. in full for all work previously authorized and
performed prior to effective date of termination. If no notice of
termination is given, relationships and obligations created by this
Authorization shall be terminated upon completion of all applicable
requirements of this Authorization.
8. MEDIATION
In an effort to resolve any conflicts that arise during the design or
construction of the project or following the completion of the project,
the CLIENT and the ENGINEER agree that all disputes between them
arising out of or relating to this Agreement shall be submitted to
nonbinding mediation unless the parties mutually agree otherwise.
The CLIENT and the ENGINEER further agree to include a similar
mediation provision in all agreements with independent contractors
and consultants retained for the project and to require all
independent contractors and consultants retained also to include a
similar mediation provision in all agreements with subcontractors,
subconsultants, suppliers or fabricators so retained, thereby
providing for mediation as the primary method for dispute
resolution between the parties to those agreements.
9. LEGAL EXPENSES
In the event legal action is brought by CLIENT or TNP, Inc. against
the other to enforce any of the obligations hereunder or arising out
of any dispute concerning the terms and conditions hereby created,
the losing party shall pay the prevailing party such reasonable
amounts for fees, costs and expenses as may be set by the court.
10. PAYMENT TO TNP, INC.
Monthly invoices will be issued by TNP, Inc. for all work performed
under the terms of this agreement. Invoices are due and payable
on receipt. If payment is not received within 30 days of invoice
date, all work on CLIENT’s project shall cease and all work products
and documents shall be withheld until payment is received by TNP.
Time shall be added to the project schedule for any work
stoppages resulting from CLIENT’s failure to render payment within
30 days of invoice date. Interest at the rate of 1½% per month will
be charged on all past-due amounts, unless not permitted by law,
in which case, interest will be charged at the highest amount
permitted by law.
11. LIMITATION OF LIABILITY
TNP, Inc.'s liability to the CLIENT for any cause or combination of
causes is in the aggregate, limited to an amount no greater than
the fee earned under this agreement.
12. ADDITIONAL SERVICES
Services not specified as Basic Services in Scope and Attachment
‘A’ will be provided by TNP, Inc. as Additional Services when
required. The CLIENT agrees upon execution of this contract that
no additional authorization is required. Additional services will be
paid for by CLIENT as indicated in Article II, Compensation.
13. SALES TAX
In accordance with the State Sales Tax Codes, certain surveying
services are taxable. Applicable sales tax is not included in the
fee set forth and will be added on and collected when required by
state law. Sales tax at the applicable rate will be indicated on
invoice statements.
14. SURVEYING SERVICES
In accordance with the Professional Land Surveying Practices Act of
1989, the CLIENT is informed that any complaints about surveying
services may be forwarded to the Texas Board of Professional
Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC-
230, Austin, Texas 78753, (512) 239-5263.
15. LANDSCAPE ARCHITECT SERVICES
The Texas Board of Architectural Examiners has jurisdiction over
complaints regarding the professional practices of persons
registered as landscape architects in Texas. The CLIENT is informed
that any complaints about landscape architecture services be
forwarded to the Texas Board of Architectural Examiners, Hobby
Building: 333 Guadalupe, Suite 2-350, Austin, Texas 78701,
Telephone (512) 305-9000, Fax (512) 305-8900.
16. INVALIDITY CLAUSE
In case any one or more of the provisions contained in this
Agreement shall be held illegal, the enforceability of the remaining
provisions contained herein shall not be impaired thereby.
17. PROJECT SITE SAFETY
TNP, Inc. has no duty or responsibility for project site safety. Means
and methods of construction and jobsite safety are the sole
responsibility of the contractor.
18. DRAINAGE CLAUSE
The parties to this Agreement recognize that the development of real property has
the potential to increase water runoff on downstream properties, and that such
increase in runoff increases the possibility of water damage to downstream
properties. The CLIENT agrees to indemnify and hold the ENGINEER harmless from
any and all claims and damages arising, directly or indirectly, from water or
drainage damage to downstream properties resulting from the development and
construction of the Project. CLIENT shall not be required to reimburse ENGINEER for
any claims or expenses arising out of the Project if it is determined by a court of
competent jurisdiction that ENGINEER was negligent in the performance of its duties
and obligations, and that ENGINEER’s negligence was the direct
cause of damage to a property downstream of the Project.
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
ATTACHMENT 'A'
DETAILED SCOPE OF SERVICES
Grapevine Creek Bank Stabilization
City of Coppell, Texas
The scope of services for this Project consists of the preparation of construction plans and related documents necessary
for the construction of bank stabilization improvements along Grapevine Creek in the vicinity of Rosemount Court in
Coppell, Texas. The Project is understood and defined to include the design by the CONSULTANT and subsequent
construction/reconstruction (by others) See Project Location, Attachment ‘E’. The pre-design, conceptual opinion of
probable construction cost for the Project is $368,000
I. BASIC SERVICES
Teague Nall and Perkins, Inc., (the CONSULTANT) shall render the following professional services (BASIC SERVICES)
necessary for the development of this project. BASIC SERVICES are in general those services required to complete
the preliminary and final design of the Project. The following tasks are to be performed by the CONSULTANT as
part of the scope of BASIC SERVICES.
TASK 1 – FIELD DESIGN SURVEYS
This work will include the field survey and office work necessary for preparing base maps of existing
conditions on the ground for use in the design of the Project.
The work necessary to complete this task is as follows:
a. Establish vertical and horizontal control for the project based upon the City of Coppell control network.
b. Perform a topographic survey of the failed bank corresponding with the project limits shown on Exhibit
E. The survey shall include the top and toe of bank, as well as spot elevations along the flowline of
Grapevine Creek coincident with the project limits.
c. Along the project limits, tie down existing topographic features including fences, landscaping, swimming
pools, and other appurtenances that could be impacted by construction of the proposed project.
d. Along the project limits, tie down existing trees that are larger than six inches in caliper width and
greater than four feet in height.
e. Locate and map the southwestern and southeastern property corners for 257 Rosemount Court.
f. After the project is bid and the Contractor(s) is (are) selected, the survey control points will be re-
established prior to construction, one time only. The purpose of this subtask is to provide the survey
control necessary for the construction staking. It is understood the construction staking will be completed
by the Contractor.
TASK 2 – GEOTECHNICAL INVESTIGATIONS (TO BE CONDUCTED BY SUBCONSULTANT)
a. The CONSULTANT shall perform geotechnical investigations, including field borings and slope stability
analyses, to determine the geotechnical parameters governing the design of the proposed bank
stabilization improvements.
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
b. The CONSULTANT shall deliver to the CLIENT a bound geotechnical report summarizing the findings of
the geotechnical investigations.
TASK 3 – ENVIRONMENTAL & CULTURAL RESOURCES COORDINATION (TO BE CONDUCTED BY SUBCONSULTANT)
A. The CONSULTANT shall conduct a Limited Assessment of Cultural Resources:
a. The CONSULTANT shall prepare a limited, desktop analysis of potential Cultural Resources in the
project area. Given the project location, field assessments, shovel testing, site recording, site
assessments, and coordination with state or federal entities are not anticipated as being necessary
for this project. As such, they are not included in this scope. Should the desktop analysis determine
that cultural resources field assessments are needed, they can be provided as ADDITIONAL SERVICES.
b. The CONSULTANT shall prepare a succinct letter memo summarizing the findings of the desktop
Cultural Resources analysis.
c. The CONSULTANT shall provide and coordinate the desktop assessment with the State Historic
Preservation Office (SHPO), as needed.
B. The CONSULTANT shall prepare a delineation of Waters of the United States and Section 404 Permit
Assessment
a. The CONSULTANT shall perform a field assessment and delineation of jurisdictional waters of the
United States.
b. Field assessment shall be conducted based on 33 CFR 32e.3[e] and the 1987 USACE Wetland
Delineation Manual and the Regional supplement to the Corps of Engineers Wetland Delineation
Manual: Great Plains Region (Version 2.0).
c. The boundaries of all such jurisdictional waters shall be recorded with a Global Positioning System
that is capable of sub-meter accuracy.
d. The CONSULTANT shall provide a delineation map digitally to the client.
e. The CONSULTANT shall provide an assessment of how the project’s design concepts would be
permitted under the effective USACE Nationwide Permits (i.e. NWP 13, 18, 33, etc.). It is anticipated
that the project can be permitted under a Nationwide Permit and that an Individual Permit will not
be necessary. As such, preparation of an Individual Permit is not included in this scope of work but
can be provided as ADDITIONAL SERVICES, if necessary.
f. The CONSULTANT shall provide a letter report documenting the updated delineation and a Section
404 permit assessment of the proposed design concept, including whether or not a Pre-Construction
Notification (PCN) is necessary.
C. The CONSULTANT shall submit to the USACE and coordinate a Nationwide Permit Pre Construction
Notification (as needed)
TASK 4 – CONSTRUCTION DOCUMENTS
A. Preliminary Construction Documents
This work will include conceptual, preliminary and final design of bank stabilization improvements along the
north bank of Grapevine Creek, approximately 680 linear feet upstream of W. Bethel Road (measured
along the stream centerline), along the back property line of 257 Rosemount Court (an approximate
improvement length of 100 feet; see Exhibit E), The primary intent of this design is to address the existing
erosion and sloughing that is jeopardizing the existing fencing, landscaping, and amenities along adjacent
properties.
The work necessary to complete this task is as follows:
a. The CONSULTANT shall attend up to one (1) kickoff meeting with City staff.
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
b. Coordinate with CITY to select the desired construction material for bank stabilization. Based on
preliminary field observations, it appears that the height of the wall could be approximately 25 to 30
feet. As such, it as currently assumed that a modular block or gabion retaining wall with mechanical
stabilization will be necessary.
c. Design bank stabilization improvements for approximately 100-feet of channel bank beginning
approximately at the western property line of 257 Rosemount Court and ending approximately at the
eastern property line of 257 Rosemount Court. Construction documents shall be prepared for 30%
(conceptual), 60% (preliminary), and 100% (final) phases.
d. Upon completion of the 30%, 60%, 90% design plans, the CONSULTANT shall provide up to three (3)
sets of full-size (22” x 34”) construction plans to the CITY for review. The CONSULTANT shall meet
with CITY to receive and address comments.
e. Upon completion of the 30%, 60%, and 90% design plans, the CONSULTANT shall provide updated
Opinions of Probable Construction Cost (OPCC) to the CITY for review and consideration.
f. At the 60% design level, the CONSULTANT shall perform a hydraulic analysis of the proposed
improvements.
a. Analysis shall be conducted using HEC-RAS ver. 4.1 (or later) to determine the impacts of the
proposed improvements on the stream hydraulic conditions.
b. Hydraulic analysis shall be performed using Effective FIS discharges for Grapevine Creek.
c. If available from the City, the hydraulic analysis shall also consider fully-developed discharges.
However, this scope of services does not include the effort necessary to develop new, fully-developed
discharges.
d. Results shall be compared against City of Coppell drainage criteria and ordinances. However, given
the existing geometry of the channel and the wide floodplain corridor, it is anticipated that the
project will not have negative hydraulic impacts (i.e. increases in base flood elevations). As such, it
should be noted that preparation of a FEMA CLOMR/LOMR is excluded from BASIC SERVICES but
can be provided as ADDITIONAL SERVICES, at the City’s request.
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
B. Final Construction Documents
A set of construction plans and related construction documents will be prepared for the work described in
Task 1.
The work necessary to complete this task is as follows:
a. Prepare an Erosion Control Plan and appropriate details in accordance with the requirements of the
City of Coppell and the National Pollutant Discharge Elimination System (NPDES). It is understood that
the SWPPP documents and NOI will be prepared and submitted by the Contractor.
b. Select and utilize standard City of Coppell details where possible. Special construction details will
also be developed as needed for the project design.
c. Assist the CITY with identifying utilities within the Project area and coordination with franchise utility
companies to facilitate relocation of franchise utilities as may be required for the construction of this
Project. It is understood that the intent of this effort by the CONSULTANT will be to assist in evaluating
potential conflicts based upon the best information available from the CITY and/or utility companies.
d. Prior to 100% completion the CONSULTANT will prepare construction bid documents, including but not
necessarily limited to, detailed pay item descriptions, special specifications, the bid proposal form,
and other information required by the CITY for bidding the project. It is understood that the CITY will
provide the CONSULTANT with the CITY’s standard construction/bid documents (i.e., standard
specifications, construction contract form, bond forms, general & special conditions, etc.) for the
CONSULTANT to incorporate into the construction/bid documents.
e. Update the preliminary hydraulic analysis using the 100% construction documents and prepare a memo
documenting the results. This document shall serve as the basis for a City of Coppell Floodplain
Development Permit.
TASK 5 – BID/CONSTRUCTION ADMINISTRATION
This work will consist of providing assistance to the CITY during the CITY’s administration of the bidding
process and subsequent construction. The work by the CONSULTANT will be limited as follows:
a. Coordinate with City’s Floodplain Administrator to obtain approval of a Floodplain Development
Permit prior to construction.
b. The CONSULTANT will assist the CITY in the advertisement of the Project for bid. The CITY shall bear
the cost of advertisement. The CONSULTANT shall provide the necessary printing of construction plans,
specifications and contract documents (up to 30 sets) for use in obtaining bids, awarding contracts, and
constructing the Project. The CITY shall be responsible for dispersing all plans and specifications from
its office to prospective bidders.
c. The CONSULTANT will attend one pre-bid meeting with the CITY and prospective bidders to assist the
CITY in answering questions and clarifying bid documents.
d. The CONSULTANT will assist the CITY in the preparation of one Addendum following the pre-bid
meeting to address any issues requiring change, correction and/or clarification.
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
e. The CONSULTANT will assist the CITY in the opening and tabulation of the construction bids for the
Project and provide recommendations to the CITY regarding the proper action on all proposals
received.
f. After selection of Contractor(s) and award of contract(s) by the CITY, the CONSULTANT will assist in
the preparation of formal contract documents, including contract, performance, payment, and
maintenance bonds and all other related CITY forms required to initiate construction on the Project.
g. The CONSULTANT will attend one pre-construction conference with the CITY, Contractor(s), and all
affected utility companies.
h. The CONSULTANT will assist in representing the CITY in the non-resident administration of the project.
(NOTE: This function of CONSULTANT shall not be construed as supervision of the Project and does
not include on-site activities other than occasional site visits to observe overall Project conditions,
normally only once a month, or when specifically requested by CITY to visit on site for a particular
matter. It particularly does not involve exhaustive or continuous on-site inspection to check the quality
or quantity of the work or material; nor does it place any responsibility on the CONSULTANT for the
techniques and sequences of construction or the safety precaution incident thereto, and CONSULTANT
will not be responsible or liable in any degree for the Contractor's failure to perform the construction
work in accordance with the Contract Documents.)
i. The CONSULTANT will consult and advise the CITY regarding the need for any contract change orders
and will prepare change orders as required for CITY approval.
j. The CONSULTANT will be available for interpretation of plans and specifications as may be required
by the Contractor(s) in the field.
k. The CONSULTANT will, with assistance from the CITY’s Inspector on the project(s), prepare and process
monthly and final pay requests from the Contractor(s) to the CITY.
l. The CONSULTANT will provide, in conjunction with the CITY, a final inspection and one follow-up of
the project upon completion of initial construction and provide a “punch list” of deficient items to the
Contractor(s).
m. The CITY inspector will provide the CONSULTANT with a red-lined set of drawings depicting changes
during construction and shall also require the Contractor to maintain a set of drawings that reflect any
changes in construction from what is shown on the original plans. CONSULTANT will revise construction
drawings as necessary to adequately reflect any revisions in the construction from what was
represented on the plans and/or specifications.
n. After the red-lined plans referenced above have been provided, CONSULTANT will provide the CITY
with an electronic file of the “Record Drawings” in .pdf format, and an updated electronic file in
AutoCAD (.dwg) format of the new construction for use by the CITY.
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
II. ADDITIONAL SERVICES
ADDITIONAL SERVICES shall be any service provided by the CONSULTANT which is not specifically included in
BASIC SERVICES or SPECIAL SERVICES as defined above. ADDITIONAL SERVICES shall include, but not be limited
to:
a. Construction Staking;
b. Property research and real property surveying for easements, right-of-ways or plats;
c. Preparation of real property transfer documents, exhibits or plats;
d. Participation in or performing real property (easements or ROW) acquisitions;
e. Trips and meetings beyond a 100 mile radius of Fort Worth;
f. Subcontract charges, photocopies, plan reproduction, computer charges, etc. not described in BASIC
or SPECIAL SERVICES;
g. Subsurface Utility Engineering (S.U.E.);
h. Coordination of Franchise Utility Relocations;
i. CLOMR/LOMR Applications;
j. Construction Inspections;
III. ASSUMPTIONS FOR AND EXCLUSIONS TO THE SCOPE OF SERVICES
The following is a list of assumptions, exceptions, and exclusions for this proposed scope of services:
ASSUMPTIONS:
a. The contractor will prepare the SWPPP and NOI if required. A recommended plan for temporary
erosion controls is included in this scope.
b. No coordination with Dallas County will be required.
c. No tree mitigation plan will be required;
d. The Contractor will provide construction staking for the project.
e. The CITY will provide access to or copies of all relevant information in the CITY’s possession related to
the Project (i.e., plans or locations of the water system, sanitary sewer system, storm drainage system,
topographic and aerial maps, etc.).
f. The CITY will prepare any subsurface use agreements (or similar) that may be necessary for the
construction of earth anchors/tiebacks.
EXCLUSIONS:
a. Preparation of a FEMA floodplain permitting, including a Conditional Letter of Map Revision (CLOMR)
or a Letter of Map Revision (LOMR).
b. Subsurface Utility Engineering (SUE) or subsurface utility explorations.
c. Preparation of a USACE Section 404 Individual Permit
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
ATTACHMENT 'B'
PROJECT SCHEDULE
Grapevine Creek Bank Stabilization
City of Coppell, Texas
The CONSULTANT will endeavor to accomplish the work in accordance with the schedule outlined below, with the
understanding that the primary objective of all involved in this project is to produce and provide a quality and
complete design. The Project will require a considerable amount of coordination, collaboration and cooperation
between the CONSULTANT and CITY, as well as from others outside the control of the CONSULTANT. It is understood
by the CITY that the CONSULTANT’s ability to perform the scope of services in accordance with the proposed project
schedule is dependent upon timely receipt of information and reviews from the CITY and others, and that adjustments
in the schedule may be required should the information and reviews become delayed.
Proposed Project Schedule (Design)
1. Perform field surveys, geotechnical investigations and data collection within 25 working days from
Authorization to Proceed by CITY.
2. Complete 30% plans within 15 working days from receipt of Survey and Geotechnical Data.
3. Complete 60% plans within 25 working days from approval of 30% plans by CITY.
4. Complete 90% plans within 25 working days from approval of 60% design by CITY.
5. Complete final design (100%), construction plans and related construction documents within 15 working days
from approval of 90% design by CITY.
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
ATTACHMENT ‘C’
COMPENSATION
Grapevine Creek Bank Stabilization
City of Coppell, Texas
As described in Article II, COMPENSATION to the CONSULTANT is based on the following:
I. BASIC SERVICES:
TASK 1 Field Survey $12,500 (fixed fee)
TASK 2 Geotechnical Evaluations $17,000 (fixed fee)
TASK 3 Environmental and Cultural Resources Coord. $13,000 (time and expense)
TASK 4 Construction Documents $46,000 (fixed fee)
TASK 5 Bidding/Construction Administration $12,000 (time and expense)
TOTAL (BASIC SERVICES) $100,500
II. BASIS FOR BILLING:
Tasks to be billed on a fixed fee basis shall be billed monthly based on the percentage of work complete.
Tasks to be billed on a time-and-expense basis shall be billed monthly based on the number of hours
expended on the task.
III. ADDITIONAL SERVICES:
When authorized in writing by the CITY, ADDITIONAL SERVICES shall be considered additional work and
the CITY agrees to pay (reimburse) CONSULTANT at ENGINEER’s standard hourly rates or ENGINEER’s
standard rates for items provided in-house, or direct expenses times a multiplier of 1.10 for non-labor,
subcontract or mileage items (see Attachment ‘D’).
Fort Worth5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773
Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177
Registered by the Texas Board of Professional Engineers, Firm No. F-230 Registered by the Texas Board of Professional Surveyors, Firm No. 100116-00
ATTACHMENT ‘D’
HOURLY RATES
Grapevine Creek Bank Stabilization
City of Coppell, Texas
Engineering /Landscape Architecture/ROW From - To
Principal $190 - $240 Per Hour
Team Leader $155 - $220 Per Hour
Senior Project Manager $160 - $225 Per Hour
Project Manager $110 - $175 Per Hour
Senior Engineer $180 - $225 Per Hour
Project Engineer $95 - $160 Per Hour
Engineer III/IV $105 - $125 Per Hour
Engineer I/II $ 85 - $105 Per Hour
Landscape Architect / Planner $110 - $190 Per Hour
Landscape Designer $70 - $100 Per Hour
Senior Designer $105 - $130 Per Hour
Designer $100 - $120 Per Hour
Senior CAD Technician $85 - $110 Per Hour
CAD Technician $60 - $100 Per Hour
IT Consultant $95 - $155 Per Hour
Environmental Planner $80 - $100 Per Hour
Clerical $50 - $80 Per Hour
Intern $40 - $60 Per Hour
Surveying
Survey Manager $150 - $200 Per Hour
Registered Professional Land Surveyor (RPLS) $130 - $160 Per Hour
Field Coordinator $90 - $110 Per Hour
S.I.T. or Senior Survey Technician $65 - $110 Per Hour
Survey Technician $65 - $100 Per Hour
1-Person Field Crew w/Equipment** $120 Per Hour
2-Person Field Crew w/Equipment** $145 Per Hour
3-Person Field Crew w/Equipment** $165 Per Hour
4-Person Field Crew w/Equipment** $190 Per Hour
Flagger $40 Per Hour
Abstractor (Property Deed Research) $85 Per Hour
Direct Cost Reimbursables
Photocopies: $0.154/sf letter, legal and 11” x 17” size bond paper, B&W
$0.7701/sf letter, legal and 11” x 17” bond paper, color
Prints: $0.154/sf letter, legal and 11” x 17” bond paper, B&W
$0.7701/sf letter, legal and 11” x 17” bond paper, color
Plots: $0.154/sf letter, legal and 11” x 17” bond paper, B&W
$0.7701/sf letter, legal and 11” x 17” bond paper, color
$0.50/sf 22” x 34” and larger bond paper or vellum, B&W
$1.00/sf 22” x 34” and larger mylar or acetate, B&W
Mileage $0.54/mile
Plans on CD $20/each
W BETHEL RD
PENFOLDS LNSTANTON CT LEXINGTON AVEROSEMOUNT CT
BENSON LN
Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community
ATTACHMENT 'E'PROJECT LOCATION MAPGrapevine Creek Bank StabilizationCity of Coppell, Texas
ANTICIPATED LIMITS O F PRO PO SED WALL
GRAPEVINE CREEK257RosemountCourt
N
0 50 10025Feet1 in = 1 00 ft
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3056
File ID: Type: Status: 2016-3056 Agenda Item Passed
1Version: Reference: In Control: Engineering
11/01/2016File Created:
11/08/2016Final Action: NCTCOG AgreementFile Name:
Title: Consider approval to enter into a Mutual Aid Agreement with the North
Central Texas Council of Governments to become part of the Public Works
Emergency Response Team; and authorizing the Mayor to sign necessary
documents.
Notes:
Agenda Date: 11/08/2016
Agenda Number: 13.
Sponsors: Enactment Date:
PWERT Memo.pdf, PWERT Mutual Aid
Agreement.pdf, PWERT Member Jurisdictions.pdf,
PWERT Map.pdf, PWERT Bylaws.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 Approved11/08/2016City Council
Presentation: Mike Garza, Assistant Director of Engineering, made a presentation to Council
regarding the proposed Mutual Aid Agreement. He advised that this Agreement would allow City
employees and equipment to be used in emergency situations in other cities for faster recovery. Mr.
Garza explained that there are currently 46 member cities and Coppell would be number 47.
A motion was made by Councilmember Nancy Yingling, seconded by Councilmember Marvin Franklin,
that this Agenda Item be approved. The motion passed by a unanimous vote.
Action Text:
Text of Legislative File 2016-3056
Title
Consider approval to enter into a Mutual Aid Agreement with the North Central Texas
Council of Governments to become part of the Public Works Emergency Response Team;
and authorizing the Mayor to sign necessary documents.
Summary
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3056)
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
The Engineering Department recommends approval.
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 2/16/2017
1
MEMORANDUM
To: Mayor and City Council
From: Ken Griffin, P.E., Director of Engineering and Public Works
Date: November 8, 2016
Reference: Public Works Emergency Response Team Mutual Aid Agreement
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General information
North Central Texas Council of Governments provides regional cooperation for the
Public Works Emergency Response Team.
Approval will support local communities with public works equipment and staff in
declared disaster events.
There are currently 46 members.
Introduction:
Based on lessons learned from several past natural disasters and large scale incidents, Public Works
support has been identified as a necessary resource which needs a more regional approach to
coordination. As a result, the North Central Texas Public Works Emergency Response Team
(PWERT) was created to provide public works assistance when an emergency or disaster overwhelms
local resources, especially within the North Central Texas region. While it was formed by and for
local governments and operates on a voluntary quid pro quo basis, the team is supported and
facilitated by the NCTCOG Emergency Preparedness Department. PWERT first deployed in
response to resource requests during the April 3, 2012 tornado outbreak and continues to grow to
meet regional needs as illustrated in the most recent response to the December 26th tornadoes affecting
Rowlett, Garland, Red Oak, Glenn Heights and Sunnyvale.
Analysis:
There are currently 46 member cities. While jurisdictions sign the mutual aid agreement to join the
team, it is always up to that jurisdiction in any circumstance to either approve or deny a request for
assistance. Signing the mutual aid agreement allows for this discretion by management but it also
offers the protection of payment terms and allowable Operational Period, which are required to
protect the city if reimbursement is sought for a disaster in the future. Additionally, once a jurisdiction
2
joins the team, if/when public works resources are necessary to support a local response, it only takes
one call to get needed resources identified, located and sent. This call goes directly to the 24-hour
response line and a team leader or member answers the call and coordinates the request at the direction
of the requesting agency
Legal Review:
This mutual aid agreement has been reviewed by Bob Hager.
Fiscal Impact:
There is no current fiscal impact for this agreement.
Recommendation:
The Engineering Department recommends approval of this mutual aid agreement with the North
Central Texas Council of Governments.
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
1
This mutual aid agreement (“Agreement”) is entered into by, between, and among the North
Central Texas Participating Local Governments and/or Public/Political Sub-Divisions located wholly or
partially within the State of Texas acting by and through their duly authorized officials. The undersigned
Participating Local Governments and any and/or Public/Political Sub-Divisions of the State of Texas
adopting this agreement upon a formal order of their respective governing bodies as provided therein
may be referred to in this Agreement individually as “Party” and collectively as “Parties.” By signing this
document, and sending it to the Public Works Emergency Response Team, at an address maintained by
the NCTCOG, the agency has indicated that it consents to be a party to this emergency mutual aid
agreement, and acknowledges that it is not necessary to receive copies of the agreement from other
agencies that are party to such agreement.
RECITALS
WHEREAS, the Parties recognize the vulnerability of the people and communities located within
local governments and public subdivisions to damage, injury, and loss of life and property resulting in
emergencies, disasters or civil emergencies and recognize that such incidents may present equipment
and personnel requirements beyond the capacity of each individual (governmental entity) (Party); and
WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of
Mutual Aid for the protection of life and property in the event of an emergency, disaster or civil
emergency or public works emergency; and
WHEREAS, the Parties that wish to make suitable arrangements to provide Mutual Aid are so
authorized, and make this Agreement pursuant to all governmental power inherent in home rule and
other municipalities and all statutory authority, including, but not limited to, the Interlocal Cooperaton
Act Chapter 791 of the Texas Government Code); the Texas Disaster Act of 1975 as amended Chapter
418 of the Texas Government Code including the Texas Statewide Mutual Aid System of the Emergency
Management Chapter, set out in Subchapter E-1 of Texas Government Code, Section 418.111 et seq,
and any amendments to that authority or other authority that may be set out in the constitution of laws
of the State of Texas;
WHEREAS, it is understood that the creation of this Agreement and the Texas Statewide Mutual
Aid System (SB11) under Chapter 418 E-1 does not replace or supersede existing mutual aid agreements
or interfere with the ability of municipalities to enter into written mutual aid agreements in the future.
It is understood that if a written agreement is entered into by governmental entities or municipalities
requesting resources, then the terms of that agreement control the rights and responsibilities of the
participating parties to the extent the agreement provides terms that differ from the Texas Statewide
Mutual Aid System.
WHEREAS, it is expressly understood that any mutual aid extended under this Agreement and
the operational plan adopted pursuant thereto, is furnished in accordance with the “Texas Disaster Act”
and other applicable provision of law and except as otherwise provided by law, that the responsible
local official in whose jurisdiction an incident requiring Mutual Aid has occurred shall remain in charge at
such incident including the direction of such personnel and equipment provided him/her through the
operation of such Mutual Aid Plans;
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
2
NOW, THEREFORE, the Parties agree as follows:
Section 1: Incorporation: The above whereas provisions and statements are incorporated as if written
word for word below.
Section 2: Purpose: This Agreement is hereby established to provide planning and operating
procedures whereby public works related Agencies may request aid and assistance in the form of
personnel, equipment, materials and/or other associated services from other public works related
agencies. This agreement allows for better coordination of efforts, identifies available resources and
helps ensure that timely aid can be provided.
Section 3: Definitions
A. “Agency” means any municipal public works agency, township road district, county highway
departments, or any Public/Political sub-division that performs a public works function that
abides by the provisions as found in this Agreement.
B. “Administrative Agency” means the entity designated by the Parties to be responsible for
maintaining the documents associated with this Agreement including distributing Point of
Contact and Resource Inventory information.
C. “Assisting Party” or “Responding Party” means the agency or organization which has received a
request to furnish aid and assistance from another Party and has agreed to provide the same.
D. “Civil Emergency” means an unforeseen combination of circumstances or the resulting
consequences thereof within the geographic limits of a given jurisdiction that calls for
immediate action or for which there is an urgent need for assistance or relief to protect the
general citizenry.
E. “Disaster” means the occurrence or imminent threat of widespread or severe damage, injury, or
loss of life or property resulting from any natural or manmade cause, including but not limited
to fire, flood, earthquake, wind, storm, wave action, winter storm, biological or health hazards,
dam or levee break, drought, explosion, riot,, acts of terrorism and other public calamity
requiring emergency action or requiring homeland security activity (as that term is defined in
Chapter 421 of the Texas Government Code entitled Homeland Security) that is or likely to be,
beyond the control of the services personnel equipment and facilities of a Party that requires
assistance under this Agreement, but must be coordinated through the appropriate local
accredited/certified Emergency Management Agency coordinator.
F. “Emergency” means any occurrence or threat thereof, whether natural or caused by man, in
war or in peace, which results in substantial injury or harm to the population, or substantial
damage to or loss of property.
G. “Homeland security activity” means any activity related to the prevention or discovery of,
response to, or recovery from a terrorist attack, natural or man-made disaster, hostile military
or paramilitary action, or extraordinary law enforcement emergency.
H. “Mutual Aid” means providing resources such as personnel, equipment, services and supplies.
These resources support typical public works missions or tasks such as: removal of debris,
restoration of water/wastewater operations, flood control, infrastructure system repairs,
standby power, and damage assessment.
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
3
I. “National Incident Management System (NIMS)” means a Presidential directive that provides a
consistent nationwide approach that allows federal, state, local and tribal governments as well
as private sector and nongovernmental organizations to work together to manage incidents and
disasters of all kinds.
J. “Operational Period” shall mean a period of time beginning at the time of the request for
Mutual Aid and lasting no longer than thirty six (36) hours. Typically assistance would be given
in Twelve (12) hour shifts for operational efficiencies. It is the intention of this mutual aid to be
for assistance in the initial response to the emergency and not part of the long term recovery. If
assistance is requested beyond the initial 36 hours, then the Requesting Party must work with
the Responding Party directly and put in place a mutual agreeable contract and payment for
services rendered. It is also understood that any agency responding under this mutual aid
agreement will not receive any reimbursement for their mutual aid assistance up to the first 36
hours, even if the event becomes a declared emergency by the President. After the first 36
hours repayment shall be provided. It is also understood that any agency for any reason may
decline to assist or recall their mutual aid at any time.
K. “Point of Contact” means a person and/or an agency’s department/office serving as the
coordinator or focal point of information dealing with public works emergency response
activities.
L. “Public Works Emergency Response Team” (PWERT) means a working group of Public Works
Officials representing their agencies; whose mission is to develop and maintain a region wide
network of public works’ related agencies. This teams’ principal purpose is to provide mutual
aid response and recovery assistance, to each other, when confronted with natural or man-
made emergencies or disasters. This Group is designated as the Administrative Agency to
manage this Agreement.
M. “Requesting Party” means the agency or organization receiving aid and assistance from an
Assisting Party.
N. Public/Political Sub-Division means a basic level of independent local government or quasi-
government authorized by Section 52 of the Texas Constitution that typically have a specific or
limited purpose including Dallas Fort Worth International Airport, Toll Authorities, independent
school districts, water or wastewater districts and improvement and economic development
districts and exist separately from general purpose local governments such as county, city or
townships.
Section 4: Term
This Agreement shall become effective as to each Party on date of adoption as indicated on the
signature page for each Party and shall continue in force and remaining binding on each and every Party
for twelve (12) months from the effective date. This Agreement shall renew automatically for a period
of one year upon the completion of the initial term and each subsequent term unless such time as the
governing body of a Party terminates its participation in this Agreement pursuant to Section 5 of this
Agreement. Termination of participation in this Agreement by a Party or Parties shall not affect the
continued operation of this Agreement between and among the remaining Parties
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
4
Section 5: Termination
Any Party may at any time by resolution or notice given to all the other Parties decline to
participate in the provision of Public Works Mutual Aid. The Governing Body of a Party shall, by
Resolution, give notice of termination of participation in this Agreement and submit a copy of such
resolution to the Administrative Agency and all other Parties. Such termination shall become effective
thirty (30) days after filing of such notice. The termination by one or more of the Parties of its
participation in this Agreement shall not affect the operation of this Agreement as between the other
Parties hereto.
Section 6: Responsibility of Parties
Provision of Aid: Each Party recognizes that it may be requested to provide aid and assistance at
a time when it is necessary to provide similar aid and assistance to the Party’s own constituents. This
Agreement shall not be construed to impose any unconditional obligation on any Party to provide aid
and assistance. A Party may choose not to render aid and assistance at any time for any reason, or to
recall aid that has been deployed at any time.
Section 7: Request for Assistance: The request for assistance will:
A. Be made only with a Declaration of a state of Local Civil Emergency or Declaration of
Disaster by a Requesting Party pursuant to Section 418.108, Texas Government Code or
after a proclamation of a State of Emergency under Section 433.001, Texas Government
Code,
B. Be made only without a Declaration of a state of Local Civil Emergency or Declaration of
Disaster if the Requesting Party expects to use the resource(s) for less than one Operational
Period or if the declaration of emergency is expected to be issued during the first
Operational Period.
C. Be made by the highest ranking authority of Requesting Party available at the time of need,
D. Be made to the highest ranking authority of the Responding Party available at the time of
need, and
E. Specify to the greatest extent possible the nature of the problem requiring assistance and
the resources requested.
Section 8: Procedures for Requests and Provision of Mutual Aid: See Attachment 1
Section 9: Cost Limitation
A Requesting Party shall not be required to reimburse a Responding Party for costs incurred
during the first Operational Period as defined in Section 3 of this Agreement. A Requesting Party
shall be required to reimburse a Responding Party for costs incurred after the first Operational
Period.
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
5
Section 10: Expending Funds:
A Responding Party that performs services or furnishes aid pursuant to this Agreement shall do
so with their own current funds. No Party shall have any liability for the failure to expend funds
to provide aid hereunder.
Section 11: Insurance
A. Worker’s Compensation Coverage: Each Party shall be responsible for its own actions and
those of its employees and is responsible for complying with the Texas Workers’
Compensation Act.
B. Automobile Liability Coverage: Each Party shall be responsible for its own actions and is
responsible for complying with the Texas motor vehicle financial responsibility laws.
C. To the extent permitted by law and without waiving sovereign immunity, each Party shall be
responsible for any and all claims, demands, suits, actions, damages, and causes of action
related to or arising out of or in any way connected with its own actions and the actions of
its personnel in providing Mutual Aid assistance rendered or performed pursuant to the
terms and conditions of this Agreement. Each party agrees to obtain general liability and
public official’s liability insurance, if applicable, or maintain a comparable self-insurance
program.
Section 12: Miscellaneous
A. Entirety: This Agreement contains all commitments and agreements of the Parties with
respect to the Mutual Aid to be rendered hereunder during or in connection with an
Emergency, Disaster and/or Civil Emergency. No other oral or written commitments of the
Parties with respect to mutual aid under this Agreement shall have any force or effect if
not contained herein, except as provided in Section 12E below.
B. Other Mutual Aid Agreements: This Agreement is not intended to replace or conflict with -
local mutual aid agreements for other emergency response needs such as fire and police or
for the other purposes
C. Severability: If a provision contained in this Agreement is held invalid for any reason, the
invalidity does not affect other provision of the Agreement that can be given effect without
the invalid provision, and to this end the provisions of the Agreement are severable.
D. Validity and Enforceability: If any current or future legal limitations affect the validity or
enforceability of a provision of this Agreement, then the legal limitations are made as part
of the Agreement and shall operate to amend this Agreement to the minimum extent
necessary to bring this Agreement into conformity with the requirement of the limitations,
and so modified, this Agreement shall continue in full force and affect.
E. Amendment: This Agreement may be amended only by the mutual written consent of the
Parties.
F. Governing Law and Venue: The Laws of the State of Texas shall govern this Agreement. In
the event of an Emergency or Disaster physically occurring with the geographical limits of
only one county that is a Party hereto, venue shall lie in the county in which the Emergency
or Disaster occurred. In the event an Emergency or Disaster physically occurring in more
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
6
than one county that is a Party thereto, venue shall be determined in accordance with the
Texas Rules of Civil Procedure.
G. Signatories: The PWERT shall be the official repository of original pages of the Parties to
this Agreement and will maintain an up-to-date list of those Parties. Each Party will retain
a copy of their own originally signed document with an additional individual signature page
from their Agency to be filed with the PWERT under this Agreement. PWERT will maintain
contact information from all of the parties and provide for a means of communication
whenever there is a need to call for mutual aid. This agreement may be signed in multiple
copies, and it is only necessary for the agencies to notify the PWERT and keep them
informed of the contact information.
H. PWERT – the Administrative Agency, managing this agreement, provides for one
membership seat for each participating agency and one alternate seat. The primary seat
should be held by a Public Works Official or designee. The alternate seat should held by a
member of the jurisdiction of the Emergency Management Division or designee. The
jurisdiction is not required to fill the seats, but, it is strongly recommended, in order to
receive information and training for emergency response.
EXECUTED this _______day of ______________________, 2013
_________________________________________, Texas
(Local Jurisdiction)
By: ___________________________________
Printed Name: ___________________________________
Title: ___________________________________
Attachment 1
PROCEDURES TO USE FOR THE NORTH CENTRAL TEXAS
PUBLIC WORKS MUTUAL AID AGREEMENT
1
Here are the suggested steps for your agency to follow when using the Agreement. Generally if the
Emergency Operations Center for your city is activated follow the incident command system and
associated communications operations plan to request resources.
1. Requesting Party Steps to Follow:
A. Assess the situation and determine the resources needed.
B. Fill out the REQUESTING PARTY Checklist (Form 1).
C. Locate agencies included in the agreement OR Contact the Public Works Emergency Response Team
(PWERT) standby point of contact for assistance to complete the remaining steps.
D. Call one or more agencies that may have the resources you need.
E. Fill out a REQUESTING PARTY MUTUAL AID INFORMATION Form (Form 2).
F. Send copy of the form to the RESPONDING PARTY as soon as possible.
2. Responding Party Steps to Follow:
A. Make sure you can fulfill the request before providing an answer. Notes: 1) obtain required local
authority to deploy the resources 2) providing assistance is voluntary and an agency is not required to
fulfill the request if you determine the resources are critical to your operational needs.
B. Analyze the risk level of the request.
C. Complete the RESPONDING PARTY Checklist (Form 3) with the information given by the
REQUESTING PARTY.
D. Brief your employees and prepare the equipment.
E. Complete the Employee & Equipment Information Form (Form 4). Provide copies to your
responding staff and to the REQUESTING PARTY.
F. Dispatch staff to the REQUESTING PARTY for assistance.
3. Supervision and Control: The responding personnel, equipment and other resources will be under
the operational control of the Requesting Party. These response operations shall be NIMS compliant as
well as organized and functioning within an Incident Command System (ICS), Unified Control System
(UCS). Direct supervision and control of responding party’s resources shall remain with their designated
supervisor(s). The designated supervisor(s) shall: maintain personnel time records, material records and
a log of equipment hours and report work progress to the Requesting Party. The Responding Party’s
personnel and other resources remain subject to recall by the Responding Party’s authority at any time,
subject to reasonable notice to the Requesting Party.
4. Food, Housing and Self Sufficiency: Unless specifically instructed otherwise, the Responding Party
will have the ability to be self-sufficient as practicable from the time of arrival to their designated
staging area location to the time of their arrival back at the Responding Party’s home department.
However, the requesting agency may need to provide resources for tasks extending normal supplies.
For example, if the required tasks require significant mobile activities and fuel, the Requesting Party
should be prepared to augment their gas/diesel supplies.
Attachment 1
PROCEDURES TO USE FOR THE NORTH CENTRAL TEXAS
PUBLIC WORKS MUTUAL AID AGREEMENT
2
5. Communications: Unless specifically instructed otherwise, the Requesting Party shall have the
responsibility for coordinating communications between the personnel of the Responding Party and the
Requesting Party. Responding Party should be prepared to furnish their own internal communications
equipment sufficient to only maintain communications among their respective operating units.
Revised: 9/27/2016
PWERT Member Jurisdictions
1 Allen - City of
2 Anna - City of
3 Arlington - City of
4 Balch Springs - City of
5 Carrollton - City of
6 Cedar Hill - City of
7 Celina - City of
8 Colleyville - City of
9 Dallas, City of
10 Decatur - City of
11 Denton - City of
12 DeSoto - City of
13 Duncanville - City of
14 Ellis - County
15 Euless, City of
16 Farmers Branch - City of
17 Ferris, City of
18 Fort Worth, City of
19 Glenn Heights - City of
20 Granbury - City of
21 Grand Prairie - City of
22 Haltom - City of
23 Hutchins - City of
24 Kaufman - County
25 Lancaster - City of
26 Lewisville - City of
27 Little Elm - City of
28 McKinney - City of
29 Mesquite - City of
30 Midlothian - City of
31 Murphy - City of
32 North Richland Hills - City of
33 Plano - City of
34 Princeton, City of
35 Red Oak - City of
36 Richardson - City of
37 Richland Hills - City of
38 Rockwall - City of
39 Rockwall - County
40 Rowlett - City of
41 Sachse - City of
42 Tarrant County
43 Terrell - City of
44 University Park - city of
45 Weatherford - City of
46 Westworth Village - City of
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ANNA
CELINA
MCKINNEY
PRINCETON
ALLENPLANOMURPHY
ARLINGTON
EULESSRICHLAND HILLS
COLLEYVILLE
FORT WORTH
HALTOM CITY
CEDARHILL DESOTO LANCASTER
ROWLETTUNIVERSITYPARK
CARROLLTON
DALLAS
DUNCANVILLE
FARMERS BRANCH
GRAND PRAIRIE
WEATHERFORD
ROCKWALL
MESQUITE
DECATUR
LITTLEELM
RED OAK FERRIS
TERRELL
MIDLOTHIAN
DENTON
SACHSE
HUTCHINS
BALCH SPRINGS
GRANBURY
LEWISVILLE
NORTH RICHLAND HILLS
WESTWORTH VILLAGE
GLENN HEIGHTS
RICHARDSON
TARRANT COUNTY
KAUFFMAN COUNTY
ROCKWALLCOUNTY
ELLISCOUNTY
MEMBERS OF THE PWERT MAA
Legend
^City
_County
Ellis
Kaufman
Rockwall
Tarrant
E
Accurate as of 9/23/16
City of Carrollton GIS
PUBLIC WORKS EMERGENCY RESPONSE TEAM
(PWERT)
BYLAWS
Article I. Name
The name of this committee shall be the Public Works Emergency Response Team, hereafter
referred to as PWERT.
Article II. Mission
The PWERT mission is to provide resources for local governments and political subdivisions to
assist one another during emergencies beyond the scope of local resources.
Article III. Purpose
The purpose of PWERT is to provide an organized, efficient channel through which affected
cities, towns and counties may pursue mutual aid from regional public works departments in a
manner that compliments currently in-place mutual aid agreements thereby further reducing the
encumbrance placed on state and federal resources. Per the Mutual Aid Agreement, non-
reimbursable assistance is limited to the first thirty-six (36) hours.
Article IV. Membership
Section I. Eligibility
Participation through the PWERT Mutual Aid Agreement provides for one membership
seat for each participating agency and one alternate seat. The primary seat should be held
by a Public Works Official or designee. The alternate seat should be held by a member
of the jurisdiction who is within the Emergency Management discipline. The jurisdiction
is not required to fill the seats, but it is strongly recommended, in order to receive
information and training for emergency response.
Section II. Attendance
If a participating agency accrues four (4) absences at regularly scheduled or special
meetings in a twelve (12) month calendar period, a Notice of Inactivity will be sent to the
primary seat of that participating agency requesting an active replacement and/or the
Page 1 of 4
naming of a new alternate seat. If no response is received from the agency then the
agency will be listed in the roster as inactive. Inactivity will not cause a participating
agency to lose membership in PWERT but will significantly hinder the operational value
of having trained, responsive, educated and informed members available for mutual aid.
Inactive agencies may not receive full benefits from free training and/or potential grant
opportunities for their jurisdictions.
Section III. Replacements/Vacancies
New and replacement members may come from:
A. Local participating agencies recently entering into the PWERT Mutual Aid
agreement
B. Individuals who request membership in writing and who qualify under one of the
following circumstances:
a. The individual qualifies as a representative of one of the categories listed
in Section I – Membership, and does not currently have a representative in
PWERT
b. The participating agency names a replacement primary or alternate seat
c. The individual is a representative of one of the groups recommended by
NCTCOG, PWERT or other Emergency Management Agencies as
potential members and possesses special skills of value to the PWERT
Section IV. Responsibilities
To better serve the mission of the PWERT, members are required to participate in the call
out process by assisting with “Hot Phone” duties on a rotating basis. “Hot Phone”
provides a 24 hour contact via the primary PWERT phone number and initiates the call
out process. In order to be a voting member of PWERT, members must participate in the
“Hot Phone” process.
Page 2 of 4
Section V. Voting
For voting purposes a simple majority of the members present during the vote will pass
action on an item.
When discussion pertaining to a particular action item has taken place prior to the
meeting in which the members will vote, and where time and reason allows, absentee
members may email their vote to the PWERT chairperson or identify a proxy in writing.
Each participating agency will be able to cast one vote for an action item. If a
participating agency has both the primary member and alternate member present only the
primary member may vote.
Article V. Meetings
PWERT shall meet at regularly scheduled meetings to be held on a day and at a time and place
designated and agreed to by PWERT during the first meeting in each calendar year. The meeting
schedule may be changed or later revised by the Chairperson. Special meetings may be called by
the Chairperson or subcommittee chairs when conditions warrant.
Notice of all meetings shall be given by the Chairperson to all members in a reasonable time in
advance of a called meeting. Meeting notices should be posted to the appropriate website and
disseminated by email.
All meetings shall be open to the public.
Article VI. Officers
A Chairperson , Vice-Chairperson and a Secretary shall be elected by a majority of PWERT
members present and voting per Section IV – Voting, at the first scheduled meeting each
calendar year. The Vice-Chairperson should be held by an individual within the Emergency
Management discipline. The individuals so elected shall serve in those capacities for one year
until the first scheduled meeting of the following year. At the end of their term, if not reelected,
the Chairperson shall hold the position of Past Chair.
Any individual so elected shall be eligible for re-election in subsequent years. The Vice-
Chairperson shall preside and/or perform the duties of the Chairperson in their absence. In the
absence of both the Chairperson and the Vice-Chairperson the Past Chair will perform the duties
of Chairperson in their absence.
Page 3 of 4
The Chairperson shall appoint other officers as deemed necessary.
Any vacancy in the office of Chairperson or Vice-Chairperson shall be filled at the next
scheduled meeting by a majority vote.
Article VII. Sub-Committees
Sub-committees may be established as deemed necessary by the PWERT and a sub-committee
chairperson shall be elected from among active membership. No limit will be placed on the
number of advisory members assigned to a subcommittee.
All participating members will be encouraged to participate on at least one sub-committee.
Article VIII. Parliamentary Authority
The business of the PWERT shall be conducted according to Robert’s Rules of Order, subject to
the terms of these Bylaws and such exceptions as may be agreed to by a majority of the members
Article IX. Amendments to Bylaws
These Bylaws may be amended by an affirmative vote per Section IV – Voting. An amendment
to the bylaws shall be presented during a regularly scheduled meeting of the PWERT and voting
on the amendment shall take place at the next regularly scheduled meeting following its
proposal.
Page 4 of 4
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3059
File ID: Type: Status: 2016-3059 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
11/04/2016File Created:
Final Action: Denton County Transportation Authority Board of
Directors
File Name:
Title: Consider approval of a vote for the Board of Directors for Denton County
Transportation Authority.
Notes:
Agenda Date: 11/08/2016
Agenda Number: 14.
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 11/08/2016City Council
Mayor Hunt advised that there would be no action taken on this item due to the lack of information on
the candidates.
Action Text:
Text of Legislative File 2016-3059
Title
Consider approval of a vote for the Board of Directors for Denton County Transportation
Authority.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
[Enter Staff Recommendation Here]
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3059)
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 2/16/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3058
File ID: Type: Status: 2016-3058 Agenda Item Passed
1Version: Reference: In Control: City Council
11/01/2016File Created:
11/08/2016Final Action: Board and Commission appointmentsFile Name:
Title: Consider appointments to the City’s Boards and Commissions.
Notes:
Agenda Date: 11/08/2016
Agenda Number: 15.
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 Approved11/08/2016City Council
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3058)
Jean Dwinnell, Deputy City Secretary, read the proposed list of Board/Commission appointees into the
record.
ANIMAL SERVICES ADVISORY & APPEALS BOARD
2-YEAR VETERINARIAN - Dr. Reid Garfield
BOARD OF ADJUSTMENT - 2-YEAR REGULAR
Mark LeGros
Laura Ketchum
Charles Sangerhausen
2-YEAR ALTERNATE
Laura Hynson
Rashan Balachandran
COPPELL ECONOMIC DEVELOPMENT COMMITTEE - 2-YEAR REGULAR
William Rohloff
Ravi Chivukula
Aaron Straach
Jeff Varnell
Manikandan Raveendran
COPPELL RECREATION DEVELOPMENT CORPORATION - 2-YEAR REGULAR
Larry Jones
Mark Tepper
Biju Mathew
Mahbuba Khan
Noah Webster
LIBRARY BOARD - 2-YEAR REGULAR
Wednesday Foster Janet Koester
Madeline White
Frank Gasparro
1-YEAR ALTERNATE
Jan Lorrain
LIBRARY BOARD - YOUTH ADVISOR - 1-YEAR STUDENTS
Rohan Kommineni
Priya Marella
PARKS AND RECREATION BOARD - 2-YEAR REGULAR
Jack Clark
Ed Guignon
Maureen Corcoran
Janet Maccubbin
2-YEAR ALTERNATE
Nick Paschal
PARKS AND RECREATION BOARD - YOUTH ADVISOR - 1-YEAR STUDENTS
Sashank Kothamasu
Tanya Raghu
PLANNING AND ZONING COMMISSION - 2-YEAR REGULAR
George Williford
Douglas Robinson
Freddie Guerra
SPECIAL COUNSEL - 2-YEAR REGULAR
David Dodd
Jason Marlin
Roshan Balachandran
Action Text:
Page 2City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3058)
A motion was made by Mayor Pro Tem Wes Mays, seconded by Councilmember Gary Roden, that this
Agenda Item be approved as presented. The motion passed by a unanimous vote.
Text of Legislative File 2016-3058
Title
Consider appointments to the City’s Boards and Commissions.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
[Enter Staff Recommendation Here]
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 3City of Coppell, Texas Printed on 2/16/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3051
File ID: Type: Status: 2016-3051 Agenda Item Agenda Ready
1Version: Reference: In Control: City Secretary
10/31/2016File Created:
Final Action: Mayor and Council ReportsFile Name:
Title: A.Report by Mayor Hunt regarding the Metrocrest Mayors’ Meeting.
B.Report by Mayor Hunt regarding the Lighted Parade & Tree Lighting
Ceremony.
C.Report by Mayor Hunt regarding the Make a Child Smile Program.
D.Report by Mayor Hunt regarding Letters to Santa.
E.Report by Mayor Hunt regarding the 3rd Annual Angel of Hope
Ceremony.
Notes:
Agenda Date: 11/08/2016
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 11/08/2016City Council
A. Mayor Hunt announced that she attended the Metrocrest Mayors' Meeting where Bennett Sandlin
spoke about the Legislative Update.
B. The Lighted Parade & Tree Lighting Ceremony will be held on Saturday, December 3rd, from
6:30-9:30 p.m., at the Town Hall Plaza.
C. The City of Coppell is once again sponsoring the special holiday program called Make a Child
Smile, benefitting children in Coppell by providing holiday gifts for those families who need a little extra
help. Ornaments are available in the City Manager's Office between 8 a.m. and 5 p.m. until December
6th.
D. Santa's mailbox will be located in the entryway of Town Center for all good little girls and boys who
would like to complete their wish list and send it to Santa at the North Pole. No postage is necessary.
E. The Angel of Hope Candlelight Remembrance Ceremony will be held at the Zach Thompson
Foundation Children's Garden located inside Rolling Oaks Memorial Center on December 6th at 7 p.m.
Action Text:
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3051)
Text of Legislative File 2016-3051
Title
A.Report by Mayor Hunt regarding the Metrocrest Mayors’ Meeting.
B.Report by Mayor Hunt regarding the Lighted Parade & Tree Lighting Ceremony.
C.Report by Mayor Hunt regarding the Make a Child Smile Program.
D.Report by Mayor Hunt regarding Letters to Santa.
E.Report by Mayor Hunt regarding the 3rd Annual Angel of Hope Ceremony.
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 2/16/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3050
File ID: Type: Status: 2016-3050 Agenda Item Council Committee
Reports
1Version: Reference: In Control: City Secretary
10/31/2016File Created:
11/08/2016Final Action: Council Committee ReportsFile Name:
Title: Dallas Regional Mobility Coalition - Councilmember Roden
Metrocrest Community Clinic - Councilmember Hill
Metrocrest Services - Councilmembers Hill and Franklin
Notes:
Agenda Date: 11/08/2016
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 11/08/2016City Council
Councilmember Roden reported that the Coalition has completed their Legislative Agenda and have
$70,000 to notify the public and city officials of issues.
Councilmember Hill reported that the Metrocrest Community Clinic is being proactive regarding the
disease prevention and women's programs. The Clinic is diversifying their funding by putting 80%
towards treatment and 20% towards prevention.
Councilmember Hill also reported that Metrocrest Services has updated and renovated their pantry.
They distribute approximately 18,000 lbs. of food each week. There will be more than 800 families
served for Thanksgiving and approximately 1,100 families served for Christmas. They will also be
providing baskets for senior citizens.
Action Text:
Text of Legislative File 2016-3050
Title
Dallas Regional Mobility Coalition - Councilmember Roden
Metrocrest Community Clinic - Councilmember Hill
Metrocrest Services - Councilmembers Hill and Franklin
Page 1City of Coppell, Texas Printed on 2/16/2017
Master Continued (2016-3050)
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 2/16/2017