The URL can be used to link to this page

CP 2016-07-26City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, July 26, 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 Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1. Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. A.Consultation with City Attorney to seek legal advice regarding the Solicitation Ordinance. B.Consultation with City Attorney to seek legal advice concerning franchise utility easements. Page 1 City of Coppell, Texas Printed on 7/22/2016 July 26, 2016City Council Meeting Agenda 3. Work Session (Open to the Public) 1st Floor Conference Room A. Discussion regarding Aerial Spraying. B. Discussion related to the July 2017 Fireworks Event in Andrew Brown Park C. Discussion of Agenda Items. July 2017 Update Memo.pdfAttachments: Regular Session 4. Invocation 7:30 p.m. 5. Pledge of Allegiance 6.A presentation of the Coppell Fire Department’s Citizen Award honoring citizens of Coppell for actions that helped save a life. Staff Memo #1.pdf Staff Memo #2.pdf Attachments: 7.Annual report by the Economic Development Committee. 8. Citizens’ Appearance 9. Consent Agenda A.Consider approval of the minutes: July 12, 2016. Minutes.pdfAttachments: B.Consider approval for the purchase of furniture, fixtures, and equipment for the Life Safety Park through TCPN contract vendor, KI, in the amount of $120,047.00 as budgeted in the total project cost; and authorizing the City Manager to sign any necessary documents. Staff Memo.pdf Quote.pdf Attachments: C.Consider approval of awarding Bid #Q-051-01 for 265 Parkway Boulevard exterior waterproofing and window flashing to Kemco, Inc.; in the amount of $253,486.00; as budgeted in general fund; and authoring the City Manager to sign any necessary documents. 265 Window Flashing Memo.pdf 265 Parkway water intrusion investigation report (1.14.16).pdf Bid Summary City of Coppell Facilities Building Exterior Wall Waterproofing.pdf Attachments: End of Consent Agenda Page 2 City of Coppell, Texas Printed on 7/22/2016 July 26, 2016City Council Meeting Agenda 10.Consider approval of an Ordinance appointing a Presiding Municipal Judge and Alternate Municipal Judges of the Coppell Municipal Court of Record No. 1 of the City of Coppell; authorizing the Mayor to sign; and authorizing the City Manager to sign all necessary documents. 2016 Moseley Independent.pdf 2016 Landwehr Independent.pdf 2016 Nesbitt Independent.pdf Attachments: 11.Presentation by Environmental Health regarding the Annual Vector Control Report. 12.Consider of approval of a Resolution authorizing the City Manager to provide written notice to Dallas County Health and Human Services for Aerial Spraying for Mosquito Control in the 2015-2016 Vector Season; and authorizing the Mayor to sign. Annual Update Memo.pdf Dallas County Mosquito Contract.pdf Coppell Resolution Interlocal Aerial Spraying.pdf Attachments: 13.Consider and take action to adopt an Ordinance authorizing the issuance and sale of City of Coppell, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2016; levying an annual ad valorem tax and providing for the payment of said certificates; approving an official statement; providing an effective date; and enacting other provisions relating to the subject; and authorizing the Mayor to sign. Council Packet Memo.pdf Ordinance.pdf Moody's Rating FirstSouthwest (Hilltop Securities) MA Disclosure.pdf S&P Rating for Series 2016 SP GO.pdf Attachments: 14.Consider and take action to adopt an Ordinance authorizing the issuance and sale of City of Coppell, Texas General Obligation Refunding Bonds, Series 2016; levying an annual ad valorem tax and providing for the payment of said bonds; approving an official statement; providing an effective date; and enacting other provisions relating to the subject; and authorizing the Mayor to sign. Council Packet Memo.pdf Ordinance.pdf Attachments: 15. City Manager Reports - Project Updates and Future Agendas 16.Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A. CFBISD/LISD Liaison - Councilmember Hinojosa-Flores B. CISD Liaison -Mayor Pro Tem Mays and Councilmember Page 3 City of Coppell, Texas Printed on 7/22/2016 July 26, 2016City Council Meeting Agenda Hinojosa-Flores C. Coppell Seniors - Councilmembers Roden and Long 17.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 18. Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 22nd day of July, 2016, at _____________. ______________________________ Christel Pettinos, City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND 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 makes requests for these services forty-eight (48) hours ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). 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. Page 4 City of Coppell, Texas Printed on 7/22/2016 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2896 File ID: Type: Status: 2016-2896 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 07/19/2016File Created: 07/26/2016Final Action: Executive SessionFile Name: Title: Consultation with City Attorney to seek legal advice regarding the Solicitation Ordinance. Notes: Agenda Date: 07/26/2016 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 Discussed under Executive Session 07/26/2016City Council Discussed under Executive Session Action Text: Text of Legislative File 2016-2896 Title Consultation with City Attorney to seek legal advice regarding the Solicitation Ordinance. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2896) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 6/26/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2899 File ID: Type: Status: 2016-2899 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 07/20/2016File Created: 07/26/2016Final Action: Executive SessionFile Name: Title: Consultation with City Attorney to seek legal advice concerning franchise utility easements. Notes: Agenda Date: 07/26/2016 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 Discussed under Executive Session 07/26/2016City Council Discussed under Executive Session Action Text: Text of Legislative File 2016-2899 Title Consultation with City Attorney to seek legal advice concerning franchise utility easements. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2899) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 6/26/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2890 File ID: Type: Status: 2016-2890 Agenda Item Work Session 1Version: Reference: In Control: Parks and Recreation 07/18/2016File Created: 07/26/2016Final Action: WKSFile Name: Title: A.Discussion regarding Aerial Spraying. B.Discussion related to the July 2017 Fireworks Event in Andrew Brown Park C.Discussion of Agenda Items. Notes: Agenda Date: 07/26/2016 Agenda Number: Sponsors: Enactment Date: July 2017 Update Memo.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 Presented in Work Session 07/26/2016City Council Presented in Work Session Action Text: Text of Legislative File 2016-2890 Title A.Discussion regarding Aerial Spraying. B.Discussion related to the July 2017 Fireworks Event in Andrew Brown Park C.Discussion of Agenda Items. Summary Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2890) 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 6/26/2017 1 MEMORANDUM To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Date: July 26, 2016 Reference: Discussion related to the July 2017 Fireworks Event in Andrew Brown Park 2030: Sense of Community: Successful Community Events and Festivals Sustainable City Government: Excellent City Services with High Level of Customer Satisfaction Introduction: With the redevelopment of the Andrew Brown park system, expected to be completed in July 2017, the Parks and Recreation department has an exciting opportunity to combine the City’s annual fireworks event with a “grand opening” of the new park at Andrew Brown East. This event is anticipated to be the largest event that the City has ever held, which will serve to showcase the new park and all of its features as well as celebrate Independence Day. Analysis: Celebrate Coppell! is planned to take place on Saturday, July 1, 2017 in the newly redeveloped space at Andrew Brown East. Beginning with a “Fun Run” in the morning and ending with a “large name” band music performance and fireworks show in the evening, this event is expected to last at least 12 hours. While the department is still in the preliminary planning stage, staff expects the event to include several musical performances, “pop-up” restaurants, food trucks, a special children’s area, and an expanded fireworks show. Legal Review: Agenda item does not require legal review. Fiscal Impact: No fiscal impact will result from this item. 2 Recommendation: No council action is required on this item at this time. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2847 File ID: Type: Status: 2016-2847 Presentation Presented 2Version: Reference: In Control: Fire 06/14/2016File Created: 07/26/2016Final Action: CFD Citizen Award PresentationFile Name: Title: A presentation of the Coppell Fire Department’s Citizen Award honoring citizens of Coppell for actions that helped save a life. Notes: Agenda Date: 07/26/2016 Agenda Number: 6. Sponsors: Enactment Date: Staff Memo #1.pdf, Staff Memo #2.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: 2 Presented07/26/2016City Council Fire Chief Kevin Richardson and Division Chief Tim Russell presented two Citizen Awards honoring the actions that helped save lives. The first award was presented to Desarea Murray for her efforts to clear an airway obstruction in Lori Eibert on May 21st at Coppell Deli. The second award was presented to Greg Pray, Robert Smith, Darlene Chapmen and Liz Rivera, for utilizing an AED device and administering CPR to co-worker, Tom Wozniack, directly impacting and diverting what could have been a fatal cardiac arrest episode. Action Text: Text of Legislative File 2016-2847 Title A presentation of the Coppell Fire Department’s Citizen Award honoring citizens of Coppell for actions that helped save a life. Summary Please see staff memos. Fiscal Impact: There is no fiscal impact of this agenda item. Staff Recommendation: Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2847) The Fire Department recommends approval. Goal Icon: Sense of Community Page 2City of Coppell, Texas Printed on 6/26/2017 1 MEMORANDUM To: Mayor and City Council From: Kevin Richardson, Fire Chief Date: July 26, 2016 Reference: Presentation by Chief Richardson of Coppell Fire Department Citizen Award 2030: Sense of Community Introduction: A presentation of the Coppell Fire Department’s Citizen Award honoring citizens of Coppell for actions that helped save a life. Analysis: On May 21st 2016 at approximately 1:30 p.m. Ms. Desarea Murray and her boyfriend had stopped at the Coppell Deli for lunch. They found themselves seated on the patio next to Lori Eibert and her family. Shortly after being seated servers delivered the meals to both tables. Desarea and Lori struck up a conversation while eating lunch. Lori suddenly placed her hands around her neck and began making a coughing sound. For a moment, Desarea thought Lori was going to be fine, but then Lori stood up and her son attempted to perform the Heimlich maneuver. Desarea seeing the attempt was unsuccessful knew she had to intervene. Lori’s airway was blocked and she knew she only had a short amount of time to clear her airway. She positioned herself and performed the Heimlich maneuver until her airway was clear. Once Lori’s airway was clear Desarea continued to monitor Lori’s condition until CFD units arrived and turned patient care over to them. I would like to present the Coppell Fire Department’s Citizen Award to Desarea Murry. Legal Review: Agenda item did not require legal review. Fiscal Impact: There is no fiscal impact of this Agenda item. 2 Recommendation: The Fire Department recommends approval. 1 MEMORANDUM To: Mayor and City Council From: Kevin Richardson, Fire Chief Date: July 26, 2016 Reference: Presentation by Chief Richardson of Coppell Fire Department Citizen Award 2030: Sense of Community Introduction: A presentation of the Coppell Fire Department’s Citizen Award honoring citizens of Coppell for actions that helped save a life. Analysis: On May 24th, 2016 at approximately 8:00 a.m., Tom Wawrzyniak was at his desk starting his day when he suffered a sudden cardiac event. Coworkers: Greg Pray, Robert Smith, Darlene Chapman and Liz Rivera all had a direct impact in diverting what could have been a fatal cardiac arrest episode. Tom was lowered to the floor. An assessment of his medical condition found that he was not breathing and in cardiac arrest. CPR was initiated while waiting for the AED. Once the AED arrived and deployed, a shockable rhythm was confirmed. One shock was delivered and Tom’s heart returned to a perfusing heart rhythm. Everyone continued to render aid until the arrival of CFD personnel. Upon the arrival of CFD personnel, Tom was alert but could not recall the event. Tom was transported to the hospital for further evaluation and was released a short time later. At this time, individuals: Darlene Chapman, Liz Rivera, Robert Smith, and Greg Pray. Legal Review: Agenda item did not require legal review. Fiscal Impact: There is no fiscal impact of this Agenda item. Recommendation: 2 The Fire Department recommends approval. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2856 File ID: Type: Status: 2016-2856 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 07/01/2016File Created: 07/26/2016Final Action: Economic Development BoardFile Name: Title: Annual report by the Economic Development Committee. Notes: Agenda Date: 07/26/2016 Agenda Number: 7. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Read and Filed07/26/2016City Council Bill Rohloff, Economic Development Committee Chair, gave the Board's annual report. Action Text: Text of Legislative File 2016-2856 Title Annual report by the Economic Development Committee. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2856) Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 6/26/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2892 File ID: Type: Status: 2016-2892 Agenda Item Passed 1Version: Reference: In Control: City Secretary 07/18/2016File Created: 07/26/2016Final Action: MinutesFile Name: Title: Consider approval of the minutes: July 12, 2016. Notes: Agenda Date: 07/26/2016 Agenda Number: A. Sponsors: Enactment Date: Minutes.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/26/2016City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Brianna Hinojosa-Flores, that Consent Agenda Items A-C be approved. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2016-2892 Title Consider approval of the minutes: July 12, 2016. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2892) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 6/26/2017 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, July 12, 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 Manager Mario Canizares, Deputy City Secretary Jean Dwinnell and City Attorneys Robert Hager and David Berman. The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 12, 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 Executive Session at 5:30 p.m. 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 551.072, Texas Government Code - Deliberation regarding Real Property. A.Discussion regarding the deliberation of purchase, sale and/or exchange of real property along portions south of east Belt Line Road Page 1City of Coppell, Texas July 12, 2016City Council Minutes and west of south Belt Line Road within the City of Coppell. Discussed under Executive Session. Section 551.087, Texas Government Code - Economic Development Negotiations. B.Discussion regarding economic development prospects west of S. Belt Line Road and south of Dividend Boulevard. Discussed under Executive Session. Section 551.071, Texas Government Code - Consultation with City Attorney. C.Discussion regarding a contract and threatened legal action between the City of Coppell and CD Builders. Discussed under Executive Session. Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned the Executive Session at 7:01 p.m. and convened into Work Session. A.Discussion regarding Old Town signage. B.Discussion regarding the purchase of furniture, fixtures and equipment for the Cozby Library and Community Commons. C.Discussion of Agenda Items. Presented in Work Session. Regular Session Mayor Hunt adjourned the Work Session and convened into the Regular Session at 7:36 p.m. Invocation 7:30 p.m.4. Reverend Jeff Spangler, Senior Pastor with Generate Life Church, gave the Invocation, after which, Mayor Hunt and the City Council led those present in the Pledge of Allegiance. Presentations5. A.Consider approval of a proclamation naming the month of July as “Park and Recreation Month;” and authorizing the Mayor to sign. Mayor Hunt read and presented a Proclamation naming the month of July as "Park and Recreation Month", to Tiffany Anderson, Recreation Marketing Coordinator, representing the Parks and Recreation Department. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling, to approve the Proclamation and authorize the Page 2City of Coppell, Texas July 12, 2016City Council Minutes Mayor to sign. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 6 - B.Coppell Chamber of Commerce update. Mr. Ricardo Roberto, Chamber Board Chair, introduced the group of representatives from the Chamber of Commerce and gave the annual update to the Mayor and City Council. He advised that the Chamber had purchased a building for their offices, that they have over 500 members and, of those, 100 have joined in the last year. Mayor Hunt thanked Mr. Roberto and the representatives from the Chamber for the work they do and for attending the meeting. Citizens’ Appearance6. Mr. David Shute, 179 Highland Meadow Circle; Ms. Lisa Acosta, 204 Highland Meadow Circle; and Ms. Melissa Dodd, 175 Highland Meadow Drive, expressed their concern for the quality of the road construction taking place on Highland Meadow Circle and the damage being done to the homes along that street as a result of the construction. Ms. Beccy Ratliff, 116 Sand Point Court, expressed her appreciation for the Coppell Police Department and thanked them for what they do to keep Coppell safe. Consent Agenda7. A.Consider approval of Minutes for June 14, 2016. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling, that Items A - I on the Consent Agenda be approved. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 6 - B.Consider approval of an Ordinance for CASE NO. PD-221R9-HC, TRU Hotel, a zoning change from PD-221R4-HC (Planned Development-221 Revision 4-Highway Commercial) to PD-221R9-HC (Planned Development-221 Revision 9-Highway Commercial), to amend the Concept Plan for hotel, office, retail and restaurant uses on 8.21 acres and attach a Detail Site Plan on approximately 2.7 acres to allow a five-story 127-guest-room hotel to be located on the east side of Point West Blvd, south of Dividend Drive and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling, that Items A - I on the Consent Agenda be approved. The motion passed by a unanimous vote. Page 3City of Coppell, Texas July 12, 2016City Council Minutes Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 6 - Enactment No: 91500-A-0698 C.Consider approval of an Ordinance for CASE NO. PD-240R4R-HC, North Gateway Center, a zoning change from PD-240R4-HC (Planned Development-240 Revision 4-Highway Commercial) to PD-240R4R-HC (Planned Development-240 Revision 4 Revised-Highway Commercial), to revise the Concept Plan for a four-lot commercial development on 6.13 acres of property located north of S.H. 121, approximately 270 feet west of N. Denton Tap Road and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling, that Items A - I on the Consent Agenda be approved. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 6 - Enactment No: 91500-A-0699 D.Consider approval of an Ordinance revising Chapter 12A, of the Comprehensive Land Use Plan, providing for the adoption of an amendment to Coppell 2030 A Comprehensive Master Plan and the land use map thereof; by adding a new land use category, redefining the mixed-use land use categories and revising the Future Land Use Map and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling, that Items A - I on the Consent Agenda be approved. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 6 - Enactment No: 91500-A-700 E.Consider approval of an Interlocal Agreement between the City of Coppell and the City of Fort Worth, to authorize the City of Coppell to use of the Fort Worth owned, operated and maintained Trunked Voice Radio System for the purpose of providing interoperable Public Safety voice radio communications; and authorizing the Mayor and/or City Manager to sign any necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling, that Items A - I on the Consent Agenda be approved. The motion passed by a unanimous vote. F.Consider approval of a Resolution approving a letter of support for the Page 4City of Coppell, Texas July 12, 2016City Council Minutes creation of a Foreign Trade Zone for Mazda North American Operations to be located at 4255 Patriot Drive in Grapevine, Texas, and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling, that Items A - I on the Consent Agenda be approved. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 6 - Enactment No: 2016-0712.1 G.Consider approval of entering into an agreement with Bibliotheca, LLC for the installation of Automated Materials Handling (AMH) and Radio Frequency Identification (RFID) for the Cozby Library and Community Commons, in the amount of $170,362 as budgeted for in the library expansion project; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling, that Items A - I on the Consent Agenda be approved. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 6 - H.Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee Schedule for Recreational Fees and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling, that Items A - I on the Consent Agenda be approved. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 6 - Enactment No: 2016-0712.2 I.Consider approval of an Interlocal Purchasing Agreement between the City of Coppell and the Harris County Department of Education, to enable the purchase from the other’s contracts to satisfy any bid requirements; authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Nancy Yingling, that Items A - I on the Consent Agenda be approved. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 6 - Page 5City of Coppell, Texas July 12, 2016City Council Minutes End of Consent Agenda 8.Consider approval for the purchase of furniture, fixtures and equipment for the Cozby Library and Community Commons, in the amount of $622,583.89 as requested; and authorizing the City Manager to sign any necessary documents. Presentation: Vicki Chiavetta, Library Director, made a presentation. A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by Councilmember Cliff Long, to approve this item as presented, in the amount of $622,583.89. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 6 - City Manager Reports - Project Updates and Future Agendas9. City Manager Clay Phillips advised that Andy Brown Park East is progressing and that the lights would be installed as proposed with new technology. The Library project is moving along nicely. Mr. Phillips thanked the Council for approving the funding for the furniture as presented this evening. Mr. Phillips further reported that the Life Safety Park is also coming along and should be open the first of 2017. Concrete has been poured for the turn lanes at Denton Tap and Sandy Lake Roads. A small water leak was discovered earlier which was being repaired this evening. Mr. Phillips also explained that a water leak had occurred on Samuel Road, for which repairs were done over the weekend. Mr. Phillips reminded the Mayor and Council of the upcoming budget workshops, and advised he would provide project costs to the Council in response to a request of Councilmember Marvin Franklin. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 10. Mayor Pro Tem Wes Mays thanked Mayor Hunt for allowing him to stand-in and assist with the Spirit of Coppell fireworks show on July 3rd. Necessary Action from Executive Session11. There was no action necessary. Adjournment There being no further business before the City Council, Mayor Hunt adjourned the meeting at 8:39 p.m. _____________________________ Karen Selbo Hunt, Mayor Page 6City of Coppell, Texas July 12, 2016City Council Minutes ___________________________________ Christel Pettinos, City Secretary Page 7City of Coppell, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2889 File ID: Type: Status: 2016-2889 Agenda Item Passed 1Version: Reference: In Control: Fire 07/18/2016File Created: 07/26/2016Final Action: LIfe Safety Park FFEFile Name: Title: Consider approval for the purchase of furniture, fixtures, and equipment for the Life Safety Park through TCPN contract vendor, KI, in the amount of $120,047.00 as budgeted in the total project cost; and authorizing the City Manager to sign any necessary documents. Notes: Agenda Date: 07/26/2016 Agenda Number: B. Sponsors: Enactment Date: Staff Memo.pdf, Quote.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/26/2016City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Brianna Hinojosa-Flores, that Consent Agenda Items A-C be approved. The motion passed by an unanimous vote. Action Text: Councilmember Cliff Long, Councilmember Brianna Hinojosa-Flores, Councilmember Wes Mays, Councilmember Marvin Franklin, and Councilmember Mark Hill 5Aye: Text of Legislative File 2016-2889 Title Consider approval for the purchase of furniture, fixtures, and equipment for the Life Safety Park through TCPN contract vendor, KI, in the amount of $120,047.00 as budgeted in the total project cost; and authorizing the City Manager to sign any necessary documents. Summary Please see staff memo. Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2889) Fiscal Impact: The fiscal impact of this agenda item is $120,047.00 and the funds are available in the CIP account for this purchase. Staff Recommendation: The Fire Department recommends approval. Goal Icon: Community Wellness and Enrichment Page 2City of Coppell, Texas Printed on 6/26/2017 1 MEMORANDUM To: Mayor and City Council From: Kevin Richardson, Fire Chief Date: July 26, 2016 Reference: Purchase of Life Safety Park Furniture 2030: Community Wellness and Enrichment Introduction: The construction of Life Safety Park included the purchase of furnishings and fixtures for the new facility. This request is for furnishing the public and staff spaces with new furniture, fixtures and equipment. Analysis: The furniture, fixtures and equipment chosen are designed to serve a wide range of public use from children to adults. Fire staff worked closely with the architect to select furnishings that focused on durability, mobility, and reasonable pricing. Legal Review: Agenda item did not require legal review. Fiscal Impact: On November 10, 2015, Council approved an overall project budget for the Life Safety Park in the amount of $6,885,593. An allowance of $120,000 for furniture, fixtures, and equipment was included in the overall project budget. The fiscal impact of this Agenda item is $120,047.00. Recommendation: The Fire Department recommends approval. CREATED 1/15/2015 | REVISED 7/22/2016 | Valid Through 4/15/2015 City of Coppell: Emergency Operations Center/Education Center and Safety Town Quote Number: 16MDH-245575/C KI is pleased to present the enclosed quotation. The following items are included: •Detailed PO requirements •Quote Summary •Itemized Quote •Product Options* Sales Team: Norah Meier | Sales Specialist | norah.meier@ki.com | 214-604-7419 Matt Hartman | Inside Sales Specialist | matt.hartman@ki.com | 800.472.0811 * Product options that must be determined (aka TBDs) exist and must be selected prior to purchase. Please contact a sales team member for assistance with specifications. Final Considerations: To ensure your Purchase Order (PO) is processed quickly and efficiently, please adhere to the following requirements: 1.All purchase orders must be issued to KI or KI c/o the dealer with this address: KI 1330 Bellevue Street Green Bay, WI 54302 2.The following items must be included on all purchase orders: ƕ Sold To/Bill To Information: complete legal name, address, telephone number and fax number ƕ Ship To Information: complete legal name, address, contact name, contact phone number ƕ Purchase Order Number: a customer-specific identifier, typically a sequential purchase order number or requisition number ƕ Issue Date: date the purchase order was issued ƕ Sales Tax: applicable sales tax will be added upon KI invoicing. If tax exempt, customer must provide or have the tax exempt certificate on file at KI ƕ Purchase Order Total: total of all items and services included on the purchase order ƕ Authorization: signature of authorized purchasing agent or buying entity ƕ Order Details: reference a fully optioned KI quote (ex: 11KGH-85432) or include all the information listed below ƒQuantity of each item ƒComplete model number, including all finish and option information (by line item) ƒNet purchase price (by line item) ƒExtended net purchase price (all line items) ƒAny additional applicable charges (ex: installation and/or delivery charges) ƒContract name and/or number if pricing is based on a contract reference 3. Signatures on a quote or a worksheet cannot be accepted as a purchase order. 4. In the event that you do not have a formal Purchase Order process, please contact your KI Sales Representative or call 1-800-424-2432, and we will assist you with creating a PO. We appreciate your cooperation in providing us with all the required information listed above on your Purchase Order. Complete information helps us serve you better. Thank you for your order. Purchase Orders that do not meet these requirements will be placed on hold until complete information is received by KI. Purchase orders on hold are not released to manufacturing or assigned a delivery date. KI order lead times begin once the order is released to manufacturing. Customer represents that the product information contained within this quote is complete and accurate. Changes to quantities and/or options/finishes will affect this quote. If applicable, other charges such as freight, tax, installation and/or delivery fees may be added at time of order. Sales resulting from purchase orders issued by the customer to KI (Whether related to this quotation or otherwise) are governed and controlled by the Terms and Conditions found at www.KI.com/terms Prepared by Matt Hartman "Reference Only" Market Code: 9=9=State/Local Gov't Drawing #Revision Date D245575_00_00_L01_L 1/26/2015 Opportunity #: 245575 Quote Filename: City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH- 245575 Proj Num - 16MDH-245575/C Model Opt: Y GSA: N Proj Totals: Y Pricing Selection: Net Only Norah Meier Sales Specialist norah.meier@ki.com 214-604-7419 Matt Hartman Inside Sales Specialist matt.hartman@ki.com 800.472.0811 Page: 1 of 15 PRODUCT TOTALS $110,972.00 Other- See Quote Details $9,075.00 GRAND TOTAL $120,047.00 KI Offers A Lease Finance Option For All of Your Furniture Needs. Contact Us For A Quote. Contract Info OT0012378C TCPN Requested Delivery Date To be Determined Sold To City of Coppell 255 Parkway Blvd. P.O. Box 9478 P. (972) 304-3644 Coppell, TX 75019--660 Customer # 52722 End User City of Coppell 255 Parkway Blvd. P.O. Box 9478 P. (972) 304-3644 Coppell, TX 75019--660 End User # 52722 Ship To To be Determined Installation To be Determined Client Notes: Changes in fabrics, finishes, and quantities may affect pricing Dock to dock delivery Estimated lead-times: 5-7 weeks Freight included Price includes drop ship delivery to a single location Customer represents that the product information contained within this quote is complete and accurate. Changes to quantities and/or options/finishes will affect this quote. If applicable, other charges such as freight, tax, installation and/or delivery fees may be added at time of order. Sales resulting from purchase orders issued by the customer to KI (Whether related to this quotation or otherwise) are governed and controlled by the Terms and Conditions found at www.KI.com/terms Prepared by Matt Hartman "Reference Only" Market Code: 9=9=State/Local Gov't Drawing #Revision Date D245575_00_00_L01_L 1/26/2015 Opportunity #: 245575 Quote Filename: City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH- 245575 Proj Num - 16MDH-245575/C Model Opt: Y GSA: N Proj Totals: Y Pricing Selection: Net Only Norah Meier Sales Specialist norah.meier@ki.com 214-604-7419 Matt Hartman Inside Sales Specialist matt.hartman@ki.com 800.472.0811 City of Coppell: Emergency Operations Center/Education Center and Safety Town Quote Number: 16MDH-245575/C CREATED 1/15/2015 REVISED 7/22/2016 Valid Through 4/15/2015 Page: 2 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options Tag 1 101 1.1 KI74/JR39 Impress Ultra Task,Ped Base,Mesh Mid Bk,Adj Arms,Uph St 2 $482.00 $964.00 Seat Option Sliding seat /SLD Back Panel Black -BL Upholstery Grade/Color Compliance to TB 117-2013 /NFR Impress Upholstery Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Base Option >>To Be Determined TBD<< Height Option >>To Be Determined TBD<< Memory Foam No memory foam /NF Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $964.00 101 Tag 1 102 2.1 KI74/JR39 Impress Ultra Task,Ped Base,Mesh Mid Bk,Adj Arms,Uph St 1 $482.00 $482.00 Seat Option >>To Be Determined TBD<< Back Panel >>To Be Determined TBD<< Upholstery Grade/Color Compliance to TB 117-2013 /NFR Impress Upholstery Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Base Option >>To Be Determined TBD<< Height Option >>To Be Determined TBD<< Memory Foam No memory foam /NF Price Description: Delivered/Open Market 2.2 KRR4820C.H Aristotle Pedestal Return-Right,File/File Pedestal,48x20"1 $541.50 $541.50 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< File Pull Rectangular silver pull (2)/RCP2 Back Panel Option Full Back (standard)/FB Key Option >>To Be Determined TBD<< Price Description: Delivered/Open Market 2.3 KSPL7230B.H Aristotle Single Ped Desk,Full MP,BBF Ped LT,72x30"1 $718.50 $718.50 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< End Panel Option Full end panel both sides /FULL File Pull Rectangular silver pull (3)/RCP3 Key Option >>To Be Determined TBD<< Price Description: Delivered/Open Market 2.4 DN1211 Doni Four-Leg Armchair,Uph Seat,Solid Color 1 $243.50 $243.50 Poly Seat & Back Color Compliance to TB 117-2013 -NFR Poly Seat & Back Color NFR >>To Be Determined TBD<< Glide Option >>To Be Determined TBD<< Doni Seat Uph Compliance to TB 117-2013 /NFR Doni Upholstery NFR Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Frame Color >>To Be Determined TBD<< Price Description: Delivered/Open Market Page: 3 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options 2.5 DN1200 Doni Four-Leg Armless Chair,Uph Seat,Solid Color 1 $216.50 $216.50 Poly Seat & Back Color Compliance to TB 117-2013 -NFR Poly Seat & Back Color NFR >>To Be Determined TBD<< Glide Option >>To Be Determined TBD<< Doni Seat Uph Compliance to TB 117-2013 /NFR Doni Upholstery NFR Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Frame Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 2.6 KFS362065.H S16129137 *Custom-Aristotle Storage Tower w/Lateral File,36x20x65"H 1 $914.00 $914.00 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< File Pull Rectangular silver pull (4)/RCP4 Key Option >>To Be Determined TBD<< Files/storage - Drawer/shelf/door configuration 36w x20d x65h Storage Tower w. Lateral Files and Open Storage above. No vertical doors. *Custom General - Functional modification-feature addition spq16-13104 *Custom Additional 17 working days lead-time is required Note: Lead-time Change Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $3,116.00 102 Tag 1 103 3.1 PR35FX-74P Portico Fixed Leg,Round,LX Base,74P Edge,42" Dia 1 $507.00 $507.00 Edge Color >>To Be Determined TBD<< Surface Finish >>To Be Determined TBD<< Base Finish >>To Be Determined TBD<< Base Options No casters -NCST Plastic End Cap Color >>To Be Determined TBD<< Table Height Other Than 29">>To Be Determined TBD<< Price Description: Delivered/Open Market 3.2 DN1100 Doni Four-Leg Armless Chair,Poly,Solid Color 4 $130.00 $520.00 Poly Seat & Back Color Compliance to TB 117-2013 /NFR Poly Seat & Back Color NFR >>To Be Determined TBD<< Glide Option >>To Be Determined TBD<< Frame Color >>To Be Determined TBD<< Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $1,027.00 103 Tag 1 104 4.1 KBR3624.H Aristotle Bridge Return,36x24"1 $192.50 $192.50 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< Back Panel Option 1/2 height back panel /2Q Price Description: Delivered/Open Market Page: 4 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options 4.2 KI74/JR39 Impress Ultra Task,Ped Base,Mesh Mid Bk,Adj Arms,Uph St 1 $482.00 $482.00 Seat Option >>To Be Determined TBD<< Back Panel >>To Be Determined TBD<< Upholstery Grade/Color Compliance to TB 117-2013 /NFR Impress Upholstery Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Base Option >>To Be Determined TBD<< Height Option >>To Be Determined TBD<< Memory Foam No memory foam /NF Price Description: Delivered/Open Market 4.3 KOD7236.H Aristotle Closed Overhead,72x16Dx36"H 1 $608.00 $608.00 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< Cutaway Gable Option No Cutaway gable (standard)/CGN Lock Option No lock (standard)/NL Price Description: Delivered/Open Market 4.4 KSPL7230B.H Aristotle Single Ped Desk,Full MP,BBF Ped LT,72x30"1 $718.50 $718.50 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< End Panel Option Full end panel both sides /FULL File Pull Rectangular silver pull (3)/RCP3 Key Option >>To Be Determined TBD<< Price Description: Delivered/Open Market 4.5 KSPR7230B.H Aristotle Single Ped Desk,Full MP,BBF Ped RT,72x30"1 $718.50 $718.50 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< End Panel Option Full end panel both sides /FULL File Pull Rectangular silver pull (3)/RCP3 Key Option >>To Be Determined TBD<< Price Description: Delivered/Open Market 4.6 KTK72 Aristotle Tackboard For 36" Overhead,68x3/4Dx17"H 1 $119.00 $119.00 Fabric Selection Fabric Grade 1 GRD1 VSG1 Fabric >>To Be Determined TBD<< Price Description: Delivered/Open Market 4.8 DN1211 Doni Four-Leg Armchair,Uph Seat,Solid Color 1 $243.50 $243.50 Poly Seat & Back Color Compliance to TB 117-2013 -NFR Poly Seat & Back Color NFR >>To Be Determined TBD<< Glide Option >>To Be Determined TBD<< Doni Seat Uph Compliance to TB 117-2013 /NFR Doni Upholstery NFR Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Frame Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 4.9 DN1200 Doni Four-Leg Armless Chair,Uph Seat,Solid Color 1 $216.50 $216.50 Poly Seat & Back Color Compliance to TB 117-2013 -NFR Poly Seat & Back Color NFR >>To Be Determined TBD<< Glide Option >>To Be Determined TBD<< Doni Seat Uph Compliance to TB 117-2013 /NFR Doni Upholstery NFR Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Frame Color >>To Be Determined TBD<< Price Description: Delivered/Open Market Page: 5 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options 4.10 KFS362065.H S16129137 *Custom-Aristotle Storage Tower w/Lateral File,36x20x65"H 1 $914.00 $914.00 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< File Pull Rectangular silver pull (4)/RCP4 Key Option >>To Be Determined TBD<< Files/storage - Drawer/shelf/door configuration 36w x20d x65h Storage Tower w. Lateral Files and Open Storage above. No vertical doors. *Custom General - Functional modification-feature addition spq16-13104 *Custom Additional 17 working days lead-time is required Note: Lead-time Change Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $4,212.50 104 Tag 1 105 5.1 KI74/JR39 Impress Ultra Task,Ped Base,Mesh Mid Bk,Adj Arms,Uph St 1 $482.00 $482.00 Seat Option >>To Be Determined TBD<< Back Panel >>To Be Determined TBD<< Upholstery Grade/Color Compliance to TB 117-2013 /NFR Impress Upholstery Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Base Option >>To Be Determined TBD<< Height Option >>To Be Determined TBD<< Memory Foam No memory foam /NF Price Description: Delivered/Open Market 5.2 KRR4820C.H Aristotle Pedestal Return-Right,File/File Pedestal,48x20"1 $541.50 $541.50 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< File Pull Rectangular silver pull (2)/RCP2 Back Panel Option Full Back (standard)/FB Key Option >>To Be Determined TBD<< Price Description: Delivered/Open Market 5.3 KSPL7230B.H Aristotle Single Ped Desk,Full MP,BBF Ped LT,72x30"1 $718.50 $718.50 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< End Panel Option Full end panel both sides /FULL File Pull Rectangular silver pull (3)/RCP3 Key Option >>To Be Determined TBD<< Price Description: Delivered/Open Market 5.5 DN1211 Doni Four-Leg Armchair,Uph Seat,Solid Color 1 $243.50 $243.50 Poly Seat & Back Color Compliance to TB 117-2013 -NFR Poly Seat & Back Color NFR >>To Be Determined TBD<< Glide Option >>To Be Determined TBD<< Doni Seat Uph Compliance to TB 117-2013 /NFR Doni Upholstery NFR Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Frame Color >>To Be Determined TBD<< Price Description: Delivered/Open Market Page: 6 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options 5.7 DN1200 Doni Four-Leg Armless Chair,Uph Seat,Solid Color 1 $216.50 $216.50 Poly Seat & Back Color Compliance to TB 117-2013 -NFR Poly Seat & Back Color NFR >>To Be Determined TBD<< Glide Option >>To Be Determined TBD<< Doni Seat Uph Compliance to TB 117-2013 /NFR Doni Upholstery NFR Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Frame Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 5.8 KFS362065.H S16129137 *Custom-Aristotle Storage Tower w/Lateral File,36x20x65"H 1 $914.00 $914.00 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< File Pull Rectangular silver pull (4)/RCP4 Key Option >>To Be Determined TBD<< Files/storage - Drawer/shelf/door configuration 36w x20d x65h Storage Tower w. Lateral Files and Open Storage above. No vertical doors. *Custom General - Functional modification-feature addition spq16-13104 *Custom Additional 17 working days lead-time is required Note: Lead-time Change Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $3,116.00 105 Tag 1 110 6.1 ALTCLA Altus Conference Chair,Loop Arms,Upholstered 14 $311.50 $4,361.00 Base Plastic base /P Cylinder Type Standard cylinder /STD Casters Carpet casters /C Altus Fabric Compliance to TB 117-2013 /NFR Fabric Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Price Description: Delivered/Open Market 6.2 S516B2-74P Synthesis Fixed Leg,Boat Shape,4-TT Bases,74P Edge,42x60x192" 1 $2,304.00 $2,304.00 Edge Color >>To Be Determined TBD<< Surface Finish >>To Be Determined TBD<< Base Finish >>To Be Determined TBD<< Wire Management Options No wire management /NM Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $6,665.00 110 Tag 1 111 7.1 KI74/JR39 Impress Ultra Task,Ped Base,Mesh Mid Bk,Adj Arms,Uph St 6 $482.00 $2,892.00 Seat Option >>To Be Determined TBD<< Back Panel >>To Be Determined TBD<< Upholstery Grade/Color Compliance to TB 117-2013 /NFR Impress Upholstery Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Base Option >>To Be Determined TBD<< Height Option >>To Be Determined TBD<< Memory Foam No memory foam /NF Price Description: Delivered/Open Market Page: 7 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options 7.2 S7P/1520MBBF 700 Series Files Mobile Ped-Box/Box/File-20" Nominal Depth 6 $391.00 $2,346.00 Pull Options >>To Be Determined TBD<< Unit Color >>To Be Determined TBD<< Key Option >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.3 U2W9048 Unite 2-Way 90 Deg "L" Corner,48"H 4 $66.50 $266.00 Finish Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.4 U3W9048 Unite 3-Way 90 Deg "T" Corner,48"H 4 $69.00 $276.00 Finish Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.5 UCANTD12.R Unite Worksurface Bracket For Worksurface Only,Right 6 $26.00 $156.00 Finish Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.6 UCANTST.L Unite Standard Cantilever Bracket,Left 18 $13.00 $234.00 Finish Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.7 UCANTST.R Unite Standard Cantilever Bracket,Right 6 $13.00 $78.00 Finish Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.8 UEOR48 Unite End-Of-Run Condition,48"H 8 $26.50 $212.00 Finish Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.9 UET6PJINL Unite Inline Panel Jumper,6 Circuit,12"L 6 $23.50 $141.00 Price Description: Delivered/Open Market 7.10 UET6PJINT Unite Intersection Panel Jumper,6 Circuit,15-1/2"L 4 $26.00 $104.00 Price Description: Delivered/Open Market Page: 8 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options 7.11 UET6RBFU Unite Base Infeed w/Bezel,Standard Base,6 Circuit 2 $73.50 $147.00 Bezel Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.12 UET6RRC.1 Unite 15 Amp Duplx Receptacle w/Bezel,Racewy,6 Circuit,Cir 1 6 $13.50 $81.00 Standard Trim Finishes >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.13 UET6RRC.4I Unite 15 Amp Duplx Receptacle w/Bezel,Racewy,6 Circuit,Cir 4 4 $13.50 $54.00 Standard Trim Finishes >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.14 UET6RRC.5I Unite 15 Amp Duplx Receptacle w/Bezel,Racewy,6 Circuit,Cir 5 2 $13.50 $27.00 Standard Trim Finishes >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.15 UET6WW.42 Unite Rigid Wireway,10-Wire System,6 Circuit,42"W Panel 12 $51.50 $618.00 Price Description: Delivered/Open Market 7.16 UETBWM Unite Beltway Height Harness Mounting Kit 12 $17.50 $210.00 Price Description: Delivered/Open Market 7.17 UMFR3048 Unite Mono Fabric Panel,Standard Base Raceway,30Wx48"H 8 $203.00 $1,624.00 Top Cap Flat trim (std)/F Finish Color >>To Be Determined TBD<< Panel Fabric Side 1 Fabric Grade 1 GRD1 VSG1 Fabric >>To Be Determined TBD<< Panel Fabric Side 2 Fabric Grade 1 GRD1 VSG1 Fabric >>To Be Determined TBD<< Electrical Code Domestic - with cutouts /DP Price Description: Delivered/Open Market 7.18 UMFR4248 Unite Mono Fabric Panel,Standard Base Raceway,42Wx48"H 12 $268.50 $3,222.00 Top Cap Flat trim (std)/F Finish Color >>To Be Determined TBD<< Panel Fabric Side 1 Fabric Grade 1 GRD1 VSG1 Fabric >>To Be Determined TBD<< Panel Fabric Side 2 Fabric Grade 1 GRD1 VSG1 Fabric >>To Be Determined TBD<< Electrical Code Domestic - with cutouts /DP Price Description: Delivered/Open Market Page: 9 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options 7.19 UMFR4832 Unite Mono Fabric Panel,Standard Base Raceway,48Wx32"H 8 $211.00 $1,688.00 Top Cap Flat trim (std)/F Finish Color >>To Be Determined TBD<< Panel Fabric Side 1 Fabric Grade 1 GRD1 VSG1 Fabric >>To Be Determined TBD<< Panel Fabric Side 2 Fabric Grade 1 GRD1 VSG1 Fabric >>To Be Determined TBD<< Electrical Code Domestic - with cutouts /DP Price Description: Delivered/Open Market 7.20 UPSLO1829 Unite Support Leg,Panel Mounted,Open,18x27-3/4"H 6 $86.00 $516.00 Orientation Left /L Edge Style 74P edge /74P Finish Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.21 UPSLO2429 Unite Support Leg,Panel Mounted,Open,24x27-3/4"H 6 $90.50 $543.00 Orientation Right /R Edge Style 74P edge /74P Finish Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.22 USPLPL Unite Splice Plate,For 24 & 30" Deep Worksurfaces 12 $3.50 $42.00 Price Description: Delivered/Open Market 7.23 USTM14816 Unite Markerboard One Side,Stacking Section,48"x 16"H 4 $236.00 $944.00 Finish Color >>To Be Determined TBD<< Panel Fabric Fabric Grade 1 GRD1 VSG1 Fabric >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.24 USTM24816 Unite Markerboard Two Sides,Stacking Section,48"x 16"H 4 $270.50 $1,082.00 Finish Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.25 UWR1848-74P Unite Rectangular Worksurface,74P Edge,18x48"W 6 $139.50 $837.00 Edge Color >>To Be Determined TBD<< Grommet Option Grommet : Center /C Grommet Color >>To Be Determined TBD<< Laminate Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 7.26 UWR2448-74P Unite Rectangular Worksurface,74P Edge,24x48"W 6 $145.50 $873.00 Edge Color >>To Be Determined TBD<< Grommet Option Grommet : Center /C Grommet Color >>To Be Determined TBD<< Laminate Color >>To Be Determined TBD<< Price Description: Delivered/Open Market Page: 10 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options 7.27 UWR3084-74P Unite Rectangular Worksurface,74P Edge,30x84"W 6 $198.50 $1,191.00 Edge Color >>To Be Determined TBD<< Grommet Option Grommet : Center /C Grommet Color >>To Be Determined TBD<< Laminate Color >>To Be Determined TBD<< Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $20,404.00 111 Tag 1 113 9.1 KI74/JR39 Impress Ultra Task,Ped Base,Mesh Mid Bk,Adj Arms,Uph St 2 $482.00 $964.00 Seat Option >>To Be Determined TBD<< Back Panel >>To Be Determined TBD<< Upholstery Grade/Color Compliance to TB 117-2013 /NFR Impress Upholstery Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Base Option >>To Be Determined TBD<< Height Option >>To Be Determined TBD<< Memory Foam No memory foam /NF Price Description: Delivered/Open Market 9.2 KRL4820C.H Aristotle Pedestal Return-Left,File/File Pedestal,48x20"1 $541.50 $541.50 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< File Pull Rectangular silver pull (2)/RCP2 Back Panel Option Full Back (standard)/FB Key Option >>To Be Determined TBD<< Price Description: Delivered/Open Market 9.3 KRR4820C.H Aristotle Pedestal Return-Right,File/File Pedestal,48x20"1 $541.50 $541.50 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< File Pull Rectangular silver pull (2)/RCP2 Back Panel Option Full Back (standard)/FB Key Option >>To Be Determined TBD<< Price Description: Delivered/Open Market 9.4 KSPL6630B.H Aristotle Single Ped Desk,Full MP,BBF Ped LT,66x30"1 $686.50 $686.50 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< End Panel Option Full end panel both sides /FULL File Pull Rectangular silver pull (3)/RCP3 Key Option >>To Be Determined TBD<< Price Description: Delivered/Open Market 9.5 KSPR6630B.H Aristotle Single Ped Desk,Full MP,BBF Ped RT,66x30"1 $686.50 $686.50 Laminate (Horizontal)>>To Be Determined TBD<< Laminate Base (Vertical)>>To Be Determined TBD<< End Panel Option Full end panel both sides /FULL File Pull Rectangular silver pull (3)/RCP3 Key Option >>To Be Determined TBD<< Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $3,420.00 113 Page: 11 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options Tag 1 117A 10.1 ATBT39FRLC-74P-N All Terrain 39" Binder Tower,Shelf/File w/Outriggers,Lpd- Bwd,74P Edge,N,22x20"D 1 $582.50 $582.50 Base Options >>To Be Determined TBD<< Unit Color >>To Be Determined TBD<< Surface Finish >>To Be Determined TBD<< Edge Color >>To Be Determined TBD<< Lectern Option Lectern /LO Price Description: Delivered/Open Market 10.2 DN1200 Doni Four-Leg Armless Chair,Uph Seat,Solid Color 30 $216.50 $6,495.00 Poly Seat & Back Color Compliance to TB 117-2013 -NFR Poly Seat & Back Color NFR Ultra Blue /PUB Glide Option Steel glides /GSL Doni Seat Uph Compliance to TB 117-2013 /NFR Doni Upholstery NFR Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric BOUNCE BOUNCE BOUNCE SILVER LINING /27.160.012.P Frame Color Chrome /CH Price Description: Delivered/Open Market 10.3 PINR2460T-74P Pirouette,Nesting Training,Rectangular,24x60",74P Edge 15 $533.00 $7,995.00 Edge Color Frosty White edge /EFW Grommet/PowerUp Option No Grommets, PowerUp or Wire Management/No Cutouts /NNN Modesty Panel No fabric modesty panel /NMP Laminate KI Laminates Standard KI Laminates FROSTY WHITE 1573-60 /LFW Leg Finish Starlight Silver Metallic /SX Casters/Glides Black wheel, Silver hub-2 locking/2 non- locking /4EC Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $15,072.50 117A Tag 1 117B 11.1 ATBT39FRLC-74P-N All Terrain 39" Binder Tower,Shelf/File w/Outriggers,Lpd- Bwd,74P Edge,N,22x20"D 1 $582.50 $582.50 Base Options >>To Be Determined TBD<< Unit Color >>To Be Determined TBD<< Surface Finish >>To Be Determined TBD<< Edge Color >>To Be Determined TBD<< Lectern Option Lectern /LO Price Description: Delivered/Open Market 11.2 DN1200 Doni Four-Leg Armless Chair,Uph Seat,Solid Color 30 $216.50 $6,495.00 Poly Seat & Back Color Compliance to TB 117-2013 -NFR Poly Seat & Back Color NFR Zesty Lime /PZL Glide Option Steel glides /GSL Doni Seat Uph Compliance to TB 117-2013 /NFR Doni Upholstery NFR Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Frame Color >>To Be Determined TBD<< Price Description: Delivered/Open Market Page: 12 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options 11.3 PINR2460T-74P Pirouette,Nesting Training,Rectangular,24x60",74P Edge 15 $533.00 $7,995.00 Edge Color >>To Be Determined TBD<< Grommet/PowerUp Option No Grommets, PowerUp or Wire Management/No Cutouts /NNN Modesty Panel No fabric modesty panel /NMP Laminate >>To Be Determined TBD<< Leg Finish >>To Be Determined TBD<< Casters/Glides >>To Be Determined TBD<< Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $15,072.50 117B Tag 1 117C 12.1 ATBT39FRLC-74P-N All Terrain 39" Binder Tower,Shelf/File w/Outriggers,Lpd- Bwd,74P Edge,N,22x20"D 1 $582.50 $582.50 Base Options 4 bl/wh casters (2 locking)/4CW Unit Color >>To Be Determined TBD<< Surface Finish >>To Be Determined TBD<< Edge Color >>To Be Determined TBD<< Lectern Option Lectern /LO Price Description: Delivered/Open Market 12.2 DN1200 Doni Four-Leg Armless Chair,Uph Seat,Solid Color 30 $216.50 $6,495.00 Poly Seat & Back Color Compliance to TB 117-2013 -NFR Poly Seat & Back Color NFR Nemo /PNE Glide Option >>To Be Determined TBD<< Doni Seat Uph Compliance to TB 117-2013 /NFR Doni Upholstery NFR Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Frame Color >>To Be Determined TBD<< Price Description: Delivered/Open Market 12.3 PINR2460T-74P Pirouette,Nesting Training,Rectangular,24x60",74P Edge 15 $533.00 $7,995.00 Edge Color >>To Be Determined TBD<< Grommet/PowerUp Option No Grommets, PowerUp or Wire Management/No Cutouts /NNN Modesty Panel No fabric modesty panel /NMP Laminate >>To Be Determined TBD<< Leg Finish >>To Be Determined TBD<< Casters/Glides >>To Be Determined TBD<< Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $15,072.50 117C Tag 1 121 13.1 H13T Hub Laminate Table,13x26"2 $527.00 $1,054.00 Base Finish >>To Be Determined TBD<< Top Laminate Finish >>To Be Determined TBD<< Side Laminate Finish >>To Be Determined TBD<< Power No power /NP Ganging No gangers /HNG Glide Option Nylon glides (cream color)/GNY Price Description: Delivered/Open Market Page: 13 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options 13.2 H24T Hub Laminate Table,26x26"3 $537.50 $1,612.50 Base Finish >>To Be Determined TBD<< Top Laminate Finish >>To Be Determined TBD<< Side Laminate Finish >>To Be Determined TBD<< Power No power /NP Ganging No gangers /HNG Glide Option Nylon glides (cream color)/GNY Price Description: Delivered/Open Market 13.3 H43/NC Hub Armless Lounge,Non-Contrast,26x78"2 $1,481.50 $2,963.00 Non-Contrasting Fabric Compliance to TB 117-2013 /NFR Hub Fabric NFR Fabric Grade G G Fabric >>To Be Determined TBD<< Base and Seat Back Upright Finish >>To Be Determined TBD<< Ganging No gangers /HNG Privacy Screen No privacy screen /NPS Moisture Barrier No Moisture Barrier /NMB Glide Option Nylon glides (cream color)/GNY Price Description: Delivered/Open Market 13.4 H33/NC Hub Armless Lounge,Non-Contrast,26x39"2 $1,064.00 $2,128.00 Non-Contrasting Fabric Compliance to TB 117-2013 /NFR Hub Fabric NFR Fabric Grade G G Fabric >>To Be Determined TBD<< Base and Seat Back Upright Finish >>To Be Determined TBD<< Ganging No gangers /HNG Privacy Screen No privacy screen /NPS Moisture Barrier No Moisture Barrier /NMB Glide Option Nylon glides (cream color)/GNY Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $7,757.50 121 Tag 1 200 14.1 ATBT39FRLC-74P-N All Terrain 39" Binder Tower,Shelf/File w/Outriggers,Lpd- Bwd,74P Edge,N,22x20"D 1 $582.50 $582.50 Base Options >>To Be Determined TBD<< Unit Color >>To Be Determined TBD<< Surface Finish >>To Be Determined TBD<< Edge Color >>To Be Determined TBD<< Lectern Option Lectern /LO Price Description: Delivered/Open Market 14.2 DN1200 Doni Four-Leg Armless Chair,Uph Seat,Solid Color 30 $216.50 $6,495.00 Poly Seat & Back Color Compliance to TB 117-2013 -NFR Poly Seat & Back Color NFR Blue Grey /PGR Glide Option >>To Be Determined TBD<< Doni Seat Uph Compliance to TB 117-2013 /NFR Doni Upholstery NFR Pallas Fabric Group P1 GRPP1 P1 Pallas Fabric >>To Be Determined TBD<< Frame Color >>To Be Determined TBD<< Price Description: Delivered/Open Market Page: 14 of 15 CREATED 1/15/2015 Product options that must be determined (aka TBDs) exist and must be selected prior VALID THROUGH 4/15/2015 to purchase order submittal. These items are notated in the far right column with (?) Prepared By Matt Hartman Quote Filename City of Coppell: Emergency Operations Center/Education Center and Safety Town - 16MDH-245575/C Line Model Qty. Sell Price Extended Total TBD Options 14.3 PINR2460T-74P Pirouette,Nesting Training,Rectangular,24x60",74P Edge 15 $533.00 $7,995.00 Edge Color >>To Be Determined TBD<< Grommet/PowerUp Option No Grommets, PowerUp or Wire Management/No Cutouts /NNN Modesty Panel No fabric modesty panel /NMP Laminate >>To Be Determined TBD<< Leg Finish >>To Be Determined TBD<< Casters/Glides >>To Be Determined TBD<< Price Description: Delivered/Open Market Tag 1 WorkGroup Product Subtotal $15,072.50 200 Product SubTotal:$110,972.00 Installation:$9,075.00 Estimated Sales Tax:See Note Below Quote Total:$120,047.00 Images shown above are intended for approximate visual reference only and may not represent the exact models, numbers, descriptions or options selected. Refer to the model number/description/options shown for full product specifications. Sales Tax (For Shipment within the United States Only): Estimated sales/use tax will be calculated when order is entered. It is the customers's responsibility to pay any applicable sales/use tax due upon invoicing. A customer will not be charged sales tax if (1) a Resale Certificate, (2) an Exempt Organization Certificate, or (3) a Direct Pay permit is on file with KI's Finance Department. If no certificate is on file, the appropriate sales/use tax rate in effect at shipment will be applied and tax will be added to the customer's invoice. This project contains non-standard items which are not returnable and not cancelable. The warranty on non-standard product that alters function is 1 year. The warranty on non-standard product that does not alter function, but only finish (i.e., paint or plastic color, laminate, grommet removal) matches that of the standard product. Modification to U.L. Listed products eliminates the listing. Product will not have U.L Listing labels unless specifically spelled out on this quote. Page: 15 of 15 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2886 File ID: Type: Status: 2016-2886 Agenda Item Passed 1Version: Reference: In Control: Engineering 07/15/2016File Created: 07/26/2016Final Action: 265 Window MaintenanceFile Name: Title: Consider approval of awarding Bid #Q-051-01 for 265 Parkway Boulevard exterior waterproofing and window flashing to Kemco, Inc.; in the amount of $253,486.00; as budgeted in general fund; and authoring the City Manager to sign any necessary documents. Notes: Agenda Date: 07/26/2016 Agenda Number: C. Sponsors: Enactment Date: 265 Window Flashing Memo.pdf, 265 Parkway water intrusion investigation report (1.14.16).pdf, Bid Summary City of Coppell Facilities Building Exterior Wall Waterproofing.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 07/26/2016City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Brianna Hinojosa-Flores, that Consent Agenda Items A-C be approved. The motion passed by an unanimous vote. Action Text: Councilmember Cliff Long, Councilmember Brianna Hinojosa-Flores, Councilmember Wes Mays, Councilmember Marvin Franklin, and Councilmember Mark Hill 5Aye: Text of Legislative File 2016-2886 Title Consider approval of awarding Bid #Q-051-01 for 265 Parkway Boulevard exterior waterproofing and window flashing to Kemco, Inc.; in the amount of $253,486.00; as budgeted in general fund; and authoring the City Manager to sign any necessary documents. Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2886) Summary Fiscal Impact: Funds have been budgeted in the Infrastructure Maintenance Fund in the amount of $225,000. The remaining amount can be funded from other project savings. Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 6/26/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: July 26, 2016 Reference: 265 Parkway Blvd. Exterior Waterproofing and Window Flashing 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  Budgeted amount of $225,000.00  Savings from LED Parking Lot Lighting Project available to cover overage  Bid #Q-0516-01 for 265 Parkway Blvd. Exterior Waterproofing and Window Flashing Opened June 20, 2016  Contract includes flashing of exterior windows, coping flashing, building base flashing and water repellent  6 bids received (bid tabulation attached)  Bid was “Best Value” instead of “Low Bid” with weighted evaluation criteria Introduction: This agenda item is being presented to consider approval of awarding Bid #Q-0516-01 for 265 Parkway Blvd. Exterior Waterproofing and Window Flashing to Kemco, Inc. in the amount of $253,486.00 as budgeted in IMF; and authorizing the City Manager to sign any necessary documents. Analysis: The 265 Parkway Blvd. Exterior Waterproofing and Window Flashing project is a result of a Water Intrusion study that was performed by Tremco (attached). The study was requested due to water leaking inside the building in and around the window assembly. The study stated that the leaking was a result of missing flashing that ties the window to the building, missing parapet cap/coping flashing and the building base flashing. Arnold & Associates was hired to design plans and specifications for the required repairs. The process of installing flashing will require removal and replacement of brick & cast stone around the windows and building base, as well as the parapet wall coping. Additionally, water repellent is to be installed on the face of the masonry to mitigate water intrusion. Based on the amount of unknown and unseen conditions in the wall cavity, the potential for change order work is likely. Facilities worked with Purchasing and Arnold & Associates to bid the 265 Parkway Blvd. Exterior Waterproofing and Window Flashing project as “Best Value” instead of “Low Bid”. The evaluation criteria was distributed during a mandatory pre-bid on May 12, 2016 and included: Total Purchase Price – 50 points, Experience and Qualifications – 25 points, Information/Comments Received from References – 10 points, and the Bidders Ability to Meet Criteria listed in Request for Bid including Communication – 15 points for a total of 100 points. It was conveyed to the bidders that the price considered was not Low Bid, but rather most responsible price based on the scope and level of service delivery desired. Bid #Q-0516-01 for the 265 Parkway Blvd. Exterior Waterproofing and Window Flashing project opened on May 26, 2016. There were 6 bids received (bid tabulation attached). Arnold & Associates conducted the background and reference checks on the three lowest bidders at the request of Facilities. Using the evaluation criteria established, we assigned points for each bidder. Facilities met with the low bidder to confirm the understanding of the scope and sequence of the project and to reconfirm the low bidder was able to compete the contract work for the quoted price. After evaluating the scores assigned and discussing the project scope with the low bidder, Facilities is recommending Kemco, Inc. as the successful bidder for this project in the amount of $253,486.00. They received the best average evaluation criteria score and they are also within the anticipated budgeted amount. Legal Review: N/A Fiscal Impact: The fiscal impact of this Agenda item is $253,486.00; as budgeted in IMF. Recommendation: The Engineering Department recommends approval of this contract with Kemco, Inc. Jason M. Hanlin jhanlin@tremcoinc.com Field Advisor 214.636.0233 January 1, 2016 Mrs. Sheri Moino City of Coppell –Facilities Management 265 Parkway Blvd Coppell, TX 75019 Re: City of Coppell 265 Parkway water intrusion investigation report We removed a brick at the bottom of the wall to verify the existence of a brick ledge. Waterproofing Membrane Wood Stud Brick Ledge We found that there is a brick ledge, however the waterproofing membrane is cut short. In our opinion the waterproofing membrane should extend to the outside edge of the slab. The mortar has voids that allow water entry We removed brick at the corner column to find it full of sand, mortar, brick and debris. In effect there is no brick ledge. It is filled with debris. Water entering through the cap stone and/or voids in the mortar will flow right in at the ground level. We accessed this column through a interior wall panel in a conference room. The waterproofing and insulation appear to have been cut out. NOTE: The columns are hollow. There is no brick tie back at the columns. We removed the EFIS and a section of brick above one window to see the existing construction. There is no ‘true’ flashing detail above the window. No end dam detail. The waterproofing membrane is set behind the window system. In our opinion the waterproofing membrane should have been place on top of the window frame. In a manner that would force water infiltration back out. Also there should be an end dam detail. We removed brick at the bottom of the window to inspect the existing construction. There is no through wall flashing or weep system built into this window system. We removed a section of metal coping to inspect the existing construction. The is no waterproofing membrane under the metal coping. Neither on top of the wood nailer or under it. There is evidence of water entry on the wood nailer. There is a point for water entry at the bed joint of the cap stone. There is a gap between the brick and the wood nailer. CONCLUSION: In our opinion, a waterproofing membrane needs to be install under all metal coping and precast capstones. Voids in the brick mortar need to be fill and the brick needs a penetrating sealer applied. New flashing details need to be installed around all windows and the base of the wall at the brick ledge. City of Coppell Facilities Building Coppell, Texas Exterior Wall Waterproofing Bid Date: May 26, 2016 Kemco, Inc.Cardinal Roofing Griffin Restoration Frontier Waterproofing Mid-Continental Restoration Sunbelt Building Services Arnold & Associates, Inc. LINE ITEM BIDS Bid #1 - Window Flashing with Brick Repair $220,636.00 $331,081.00 $378,311.00 $523,520.00 $680,000.00 $710,000.00 $268,400.00 Alternate #1 - Window Flashing with Brick Repair $219,810.00 $327,081.00 $375,478.00 $520,620.00 $675,000.00 $707,740.00 Bid #2 - Wall Flashing at Parapet Coping $5,700.00 $25,130.00 $25,960.00 $26,622.00 $14,000.00 $17,650.00 $10,800.00 Bid #3 - Base of Wall Flashing $32,150.00 $72,750.00 $115,400.00 $66,838.00 $72,000.00 $77,520.00 $87,300.00 Total Cost Bids 1, 2, 3 $253,486.00 $409,115.00 $516,838.00 $614,080.00 $761,000.00 802,910 $366,500.00 BID FORM UNIT PRICES Masonry Tuckpointing / lin. ft.$2.73 $5.27 $1.50 $2.60 $3.00 $2.40 Damaged Brick / each $50.00 $32.85 $7.50 $25.00 $20.00 $18.00 Suspension of Work / work day crew $350.00 $3,250.00 $2,500.00 $2,333.00 $3,250.00 $0.00 Overtime Work / man hr.$45.00 $55.00 $60.00 $62.50 $18.00 $18.00 Price (50 points)40 50 35 Experience & Qualifications (25 points)25 20 25 Information & References (10 points)10 10 10 Meet City Needs (15 points)10 15 15 Total Score 85 95 85 Price (50 points)50 37 35 Experience & Qualifications (25 points)25 20 25 Information & References (10 points)10 10 10 Meet City Needs (15 points)10 12 12 Total Score 95 79 82 Average Score 90 87 84 Kemco, Inc.Cardinal Roofing Griffin RestorationARNOLD & ASSOCIATES BEST VALUE MATRIX CITY OF COPPELL BEST VALUE MATRIX Kemco, Inc.Cardinal Roofing Griffin Restoration Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2897 File ID: Type: Status: 2016-2897 Agenda Item Passed 1Version: Reference: In Control: City Secretary 07/19/2016File Created: 07/26/2016Final Action: Municipal JudgesFile Name: Title: Consider approval of an Ordinance appointing a Presiding Municipal Judge and Alternate Municipal Judges of the Coppell Municipal Court of Record No. 1 of the City of Coppell; authorizing the Mayor to sign; and authorizing the City Manager to sign all necessary documents. Notes: Agenda Date: 07/26/2016 Agenda Number: 10. Sponsors: Enactment Date: 2016 Moseley Independent.pdf, 2016 Landwehr Independent.pdf, 2016 Nesbitt Independent.pdf, Municipal Judge Ordinance.pdf Attachments: Enactment Number: 2016-1441 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved07/26/2016City Council A motion was made by Councilmember Mark Hill, seconded by Mayor Pro Tem Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. At this time, Mayor Hunt administered the Oath of Office to Municipal Judge Marian Moseley and Alternate Judges Kim Nesbitt and Terry Landwehr. Action Text: Councilmember Cliff Long, Councilmember Brianna Hinojosa-Flores, Councilmember Wes Mays, Councilmember Marvin Franklin, and Councilmember Mark Hill 5Aye: Text of Legislative File 2016-2897 Title Consider approval of an Ordinance appointing a Presiding Municipal Judge and Alternate Municipal Judges of the Coppell Municipal Court of Record No. 1 of the City of Coppell; authorizing the Mayor to sign; and authorizing the City Manager to sign all necessary documents. Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2897) Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 6/26/2017 CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 1 CITY OF COPPELL CONTRACTOR AGREEMENT THIS CONTRACTOR AGREEMENT (the “Agreement”), dated to be effective the ________ day of __________ 2016, is entered into by and between the City of Coppell (“City”), a home rule municipal corporation situated in Dallas County, Texas, and Marian Moseley (“Contractor”). Subject to the terms and conditions of this Agreement, City hereby engages Contractor as an independent contractor to serve as its Municipal Court Judge, and Contractor hereby accepts such engagement. City and Contractor agree as follows: 1. Independent Contractor Relationship. Upon appointment by the City Council, Contractor shall serve as the Municipal Court Judge of the Coppell Municipal Court No. 1 pursuant to Section 4.06 of the City’s Home Rule Charter and applicable City ordinances. All duties performed by Contractor under this Agreement shall be as an independent contractor. Contractor is not an employee of City for any purpose. 2. Duties. In her role as Municipal Court Judge, Contractor created the scope of services attached hereto as Exhibit “A” which is incorporated herein for all purposes. Contractor agrees to perform the duties and responsibilities set out in Exhibit “A,” and in so doing, agrees that she will not be supervised by City and that City is relying on her to: exercise her unique expertise, knowledge and skills; use her independent judgment and discretion; and retain and exercise full control over the details and means by which she carries out her duties. Contractor will perform her duties in a professional, courteous, and timely manner. Contractor will establish her own work hours, and if she is unable to maintain her established work hours on a particular day, she will notify an Alternate Municipal Judge and the Court Administrator at least five business days in advance, except in cases of illness or emergency, in which case Contractor will provide as much advance notice as possible. In carrying out her duties, Contractor further agrees to comply with all applicable federal, state, and local laws, rules and regulations. Contractor further agrees to conduct her personal business and regulate her work habits and working hours so as to maintain and increase the goodwill, operations and reputation of the City. In interacting with City employees, citizens, and others with whom she comes into contact as the Municipal Court Judge, Contractor will not engage in any discriminatory or harassing conduct based on race, religion, color, sex, national origin, disability, age, or any other characteristic protected by law. 3. Term. The term of this Agreement is for two (2) years, unless sooner terminated as provided herein. 4. Compensation. City will pay Contractor $6,667.00 per month, prorated for any partial month, during the term of this Agreement. Upon receipt of Contractor’s monthly invoice, payment will be made in accordance with City’s routine accounts payable procedures. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 2 5. Contractor’s Qualifications. Contractor covenants and affirms that she is, and during the term of this Agreement will remain: a Texas resident; a citizen of the United States; an attorney in good standing and licensed by the State Bar of Texas; and, in compliance with the Texas Code of Judicial Conduct. Contractor also affirms that she has two or more years of experience in the practice of law in the State of Texas. Contractor is responsible for any expenses associated with maintaining her Texas bar license and for any continuing education required to perform her duties hereunder. Contractor represents and warrants that she has a thorough knowledge of City and Texas laws, including appellate court rulings as they pertain to a court of limited jurisdiction, the Texas Code of Criminal Procedure, the Texas Penal Code, the Texas Rules of Evidence, trial and courtroom procedures, and the functions and operations of a Court of Record. 6. Court Facilities. As required by law and in order to assist the citizenry, City will provide a courtroom, jury room, office, office furniture, library, law books, and other facili ties and supplies necessary for the proper operation of its Municipal Court. 7. Benefits. As an independent contractor, Contractor is not entitled to benefits of any kind from City. Contractor has no claim against City for vacation pay, sick leave, retirement benefits, social security, workers’ compensation, health or disability insurance or related benefits, unemployment insurance benefits, or any other type of benefit. 8. Contractor’s Other Clients. Nothing in this Agreement prohibits Contractor from providing her professional services to third parties as long as such other work does not interfere or conflict with her duties under this Agreement or reflect unfavorably upon City. Provided, however, that in her private law practice Contractor agrees that she will not represent a party who is, or who reasonably may be, adverse to the City or one of its employees, or in a matter wherein the City or one of its employees is, or reasonably may be, a party or witness. 9. Taxes. Contractor agrees and acknowledges that City is not responsible for withholding or payment of any social security taxes, unemployment taxes, income taxes, or other withholding on her behalf. Contractor acknowledges and agrees that she is obligated to report to the IRS all compensation she earns under this Agreement and to pay any and all local, state, or federal income tax due and owing on such compensation. On an annual basis, City will provide Contractor a Form 1099 reflecting compensation paid to her during the prior calendar year. 10. Indemnity by Contractor. Contractor agrees to indemnify and hold City harmless from and against any and all claims, actions, damages, liabilities, losses, costs, or expenses (including without limitation, attorneys’ fees, court costs, back taxes, penalties and interest) arising outside of Contractor’s performance of her duties under this Agreement. 11. Insurance. The City has an Errors and Omissions insurance policy covering its officers, directors, and elected and appointed officials. This policy covers monetary damages arising out of civil claims resulting from wrongful acts by such individuals while acting within the scope of their duties. It is the intent of City that Contractor, in her capacity as the Municipal Court Judge, be covered under the City’s Errors and Omissions policy under the terms of this Agreement and such policy. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 3 12. Termination. Contractor may terminate this Agreement by providing City Manager with thirty (30) days’ prior written notice. The City may terminate this Agreement in accordance with applicable law and its Charter. Any accrued compensation owing to Contractor through the date of termination will be paid to Contractor in full and final satisfaction of this Agreement. 13. Miscellaneous. 13.1 If any term, covenant, or condition of this Agreement is invalid or unenforceable, the remainder of this Agreement will be valid and enforced to the fullest extent permitted by law. 13.2 Any change or amendment to this Agreement must be in writing and signed by both parties. 13.3 This Agreement contains the entire understanding between the parties. 13.4 Contractor may not assign this Agreement. 13.5 This Agreement, and the rights and obligations of the parties, will be governed and construed in accordance with the laws of the State of Texas. Venue will be in Dallas County. 13.6 The waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. IN WITNESS WHEREOF, the parties have executed this Independent Contractor Agreement effective as of the day and year first above written. THE CITY OF COPPELL By ______________________________ Clay Phillips, City Manager CONTRACTOR: ______________________________ Marian Moseley CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 4 Exhibit A SCOPE OF SERVICES FOR PRESIDING MUNICIPAL COURT JUDGE BASIC FUNCTION Responsibilities involve conducting bench and jury trials, accepting pleas, processing appeals, supervising the maintenance of official records of proceedings, and performing the duties of magistrate under State law. Sets judicial policy and judicial procedure. Instructs alternate judges in court policy and procedures for judicial functions. Work is performed with professional independence within the framework of City ordinances and State laws applicable to administration of a court and judicial proceedings. NATURE AND SCOPE Set and review jail, pleading and trial calendars prior to scheduled sessions of the court; presides at court sessions and arraignments as scheduled; accepts pleadings, conducts bench and jury trials as necessary and sentences defendants found guilty; issues court orders and warrants. Conducts hearings and rules on motions, pre-trial hearings and scheduling of cases outside regular sessions of the court; reviews motions for new trials and make rulings thereon; and completes other paperwork to process appeals. Performs legal research as necessary on matters before the court; studies legal periodicals, new law and appellate court decisions to maintain current knowledge of judicial developments. Follows all rules of procedure contained in the ordinances of the City and State law. Sets judicial policy for court staff to administer. Has the power and authority to administer official oaths and affirmations and give certificates thereof, to place persons upon Deferred Disposition, to issue subpoenas, arrest warrants, search warrants, and all other processes known to the law which municipal courts and municipal courts of record are by law authorized to issue in similar cases. Makes appropriate notations on the docket as to the disposition of each case. Reviews and completes daily municipal processes as needed. Reviews probable cause affidavits for felony and misdemeanor arrest warrants. Performs magistrate warnings for juveniles and adults. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 5 Attends planning meetings with Court Administrator and Director of Administration and Human Resources as necessary. Facilitates and directs planning meetings with Alternate Judges. Performs all municipal judge and magistrate duties required by and in accordance with the laws of the state of Texas. Serves at the pleasure of the governing body of the City and may be removed without cause. Must have the ability to establish and maintain effective working relationships with elected officials, City employees, and citizens; analyze evidence and data presented in court, apply existing laws fairly and impartially, and to render prompt and equitable verdicts; deal courteously and tactfully with all persons having contact or business with the court; communicate effectively, both orally and in writing, in a manner that will be understood by all parties concerned; execute duties whenever needed or required; and perform all duties in an efficient, competent and professional manner. ________________________ ______________________________ Date Accepted Signature CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 1 CITY OF COPPELL CONTRACTOR AGREEMENT THIS CONTRACTOR AGREEMENT (the “Agreement”), dated to be effective the _________ day of ____________ 2016, is entered into by and between the City of Coppell (“City”), a home rule municipal corporation situated in Dallas County, Texas, and Terry C. Landwehr (“Contractor”). Subject to the terms and conditions of this Agreement, City hereby engages Contractor as an independent contractor to serve as its Alternate Municipal Court Judge, and Contractor hereby accepts such engagement. City and Contractor agree as follows: 1. Independent Contractor Relationship. Upon appointment by the City Council, Contractor shall serve as the Alternate Municipal Court Judge of the Coppell Municipal Court No. 1 pursuant to Section 4.06 of the City’s Home Rule Charter and applicable City ordinances. All duties performed by Contractor under this Agreement shall be as an independent contractor. Contractor is not an employee of City for any purpose. 2. Duties. In her role as Alternate Municipal Court Judge, Contractor agrees to perform the duties and responsibilities set out in Exhibit “A,” which is incorporated for all purposes, and in so doing, agrees that she will not be supervised by City and that City is relying on her to: exercise her unique expertise, knowledge and skills; use her independent judgment and discretion; and retain and exercise full control over the details and means by which she carries out her duties. Contractor will perform her duties in a professional, courteous, and timely manner. Contractor will coordinate with the Presiding Municipal Court Judge to establish her work hours, and if she is unable to maintain her established work hours on a particular day, she will notify the Presiding Municipal Judge and the Court Administrator at least five business days in advance, except in cases of illness or emergency, in which case Contractor will provide as much advance notice as possible. In carrying out her duties, Contractor further agrees to comply with all applicable federal, state, and local laws, rules and regulations. Contractor further agrees to conduct her personal business and regulate her work habits and working hours so as to maintain and increase the goodwill, operations and reputation of the City. In interacting with City employees, citizens, and others with whom she comes into contact as the Alternate Municipal Court Judge, Contractor will not engage in any discriminatory or harassing conduct based on race, religion, color, sex, national origin, disability, age, or any other characteristic protected by law. 3. Term. The term of this Agreement is for two (2) years, unless sooner terminated as provided herein 4. Compensation. City will pay Contractor as follows: A. $122.00 per hour for services rendered, in increments of ¼ hour; B. Up to sixteen (16) hours for attendance at continuing legal education; and CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 2 C. From time to time, Contractor is required to work a “call-out.” This term refers to time spent by Contractor outside her established work hours (including nights, weekends, and holidays) at the request of the City’s Police Department performing prisoner arraignments, providing magistrate’s warnings, and issuing search warrants. Time worked immediately before or after established work hours performing such duties is not considered “call-out.” Contractor will be paid a minimum of one (1) hour per call-out, and thereafter in ¼ hour increments. Upon receipt of Contractor’s monthly invoice, payment will be made in accordance with City’s routine accounts payable procedures. 5. Contractor’s Qualifications. Contractor covenants and affirms that she is, and during the term of this Agreement will remain: a Texas resident; a citizen of the United States; an attorney in good standing and licensed by the State Bar of Texas; and, in compliance with the Texas Code of Judicial Conduct. Contractor also affirms that she has two or more years of experience in the practice of law in the State of Texas. Contractor is responsible for any expenses associated with maintaining her Texas bar license and for any continuing education required to perform her duties hereunder. Contractor represents and warrants that she has a thorough knowledge of City and Texas laws, including appellate court rulings as they pertain to a court of limited jurisdiction, the Texas Code of Criminal Procedure, the Texas Penal Code, the Texas Rules of Evidence, trial and courtroom procedures, and the functions and operations of a Court of Record. 6. Court Facilities. As required by law and in order to assist the citizenry, City will provide a courtroom, jury room, office, office furniture, library, law books, and other facilities and supplies necessary for the proper operation of its Municipal Court. 7. Benefits. As an independent contractor, Contractor is not entitled to benefits of any kind from City. Contractor has no claim against City for vacation pay, sick leave, retirement benefits, social security, workers’ compensation, health or disability insurance or related benefits, unemployment insurance benefits, or any other type of benefit. 8. Contractor’s Other Clients. Nothing in this Agreement prohibits Contractor from providing her professional services to third parties as long as such other work does not interfere or conflict with her duties under this Agreement or reflect unfavorably upon City. Provided, however, that in her private law practice Contractor agrees that she will not represent a party who is, or who reasonably may be, adverse to the City or one of its employees, or in a matter wherein the City or one of its employees is, or reasonably may be, a party or witness. 9. Taxes. Contractor agrees and acknowledges that City is not responsible for withholding or payment of any social security taxes, unemployment taxes, income taxes, or other withholding on her behalf. Contractor acknowledges and agrees that she is obligated to report to the IRS all compensation she earns under this Agreement and to pay any and all local, state, or federal income tax due and owing on such compensation. On an annual basis, City will provide Contractor a Form 1099 reflecting compensation paid to her during the prior calendar year. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 3 10. Indemnity by Contractor. Contractor agrees to indemnify and hold City harmless from and against any and all claims, actions, damages, liabilities, losses, costs, or ex penses (including without limitation, attorneys’ fees, court costs, back taxes, penalties and interest) arising out side of Contractor’s performance of her duties under this Agreement. 11. Insurance. The City has an Errors and Omissions insurance policy covering its officers, directors, and elected and appointed officials. This policy covers monetary damages arising out of civil claims resulting from wrongful acts by such individuals while acting within the scope of their duties. It is the intent of City that Contractor, in her capacity as Alternate Municipal Court Judge, be covered under the City’s Errors and Omissions policy under the terms of this Agreement and such policy. 12. Termination. Contractor may terminate this Agreement by providing City Manager with thirty (30) days’ prior written notice. The City may terminate this Agreement in accordance with applicable law and its Charter. Any accrued compensation owing to Contractor through the date of termination will be paid to Contractor in full and final satisfaction of this Agreement. 13. Miscellaneous. 13.1 If any term, covenant, or condition of this Agreement is invalid or unenforceable, the remainder of this Agreement will be valid and enforced to the fullest extent permitted by law. 13.2 Any change or amendment to this Agreement must be in writing and signed by both parties. 13.3 This Agreement contains the entire understanding between the parties. 13.4 Contractor may not assign this Agreement. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 4 13.5 This Agreement, and the rights and obligations of the parties, will be governed and construed in accordance with the laws of the State of Texas. Venue will be in Dallas County. 13.6 The waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. IN WITNESS WHEREOF, the parties have executed this Independent Contractor Agreement effective as of the day and year first above written. THE CITY OF COPPELL By ______________________________ Clay Phillips, City Manager CONTRACTOR: ______________________________ Terry C. Landwehr CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 5 Exhibit A – City of Coppell – Contractor Agreement SCOPE OF SERVICES FOR MUNICIPAL COURT JUDGE (ALTERNATE) BASIC FUNCTION Responsibilities involve conducting bench and jury trials, accepting pleas, processing appeals, supervising the maintenance of official records of proceedings, and performing the duties of magistrate under state law. Work is performed with professional independence within the framework of city ordinances and state laws applicable to administration of a court and judicial proceedings. NATURE AND SCOPE Review jail, pleading and trial calendars prior to scheduled sessions of the court; presides at court sessions and arraignments as scheduled; accepts pleadings, conducts bench and jury trials as necessary and sentences defendants found guilty; issues court orders and warrants. Conducts hearings and rules on motions, pre-trial hearings and scheduling of cases outside regular sessions of the court; reviews motions for new trial filed and make rulings thereon; and complete other paperwork to process appeals. Performs legal research as necessary on matters before the court; studies legal periodicals, new law and appellate court decisions to maintain current knowledge of judicial developments. Follows all rules of procedure contained in the ordinances of the City and state law. Has the power and authority to administer official oaths and affirmations and give certificates thereof, to place persons upon Deferred Disposition, to issue subpoenas, arrest warrants, search warrants, and all other processes known to the law which municipal courts and municipal courts of record are by law authorized to issue in similar cases. Makes appropriate notations on the docket as to the disposition of each case. Reviews and completes daily municipal processes as needed. Reviews probable cause affidavits for felony and misdemeanor arrest warrants. Performs magistrate warnings for juveniles and adults. Attends bimonthly planning meetings with Municipal Judge, Court Administrator and Director of Administration and Human Resources as necessary. Performs all municipal judge and magistrate duties required by and in accordance with the laws of the State of Texas. Serves at the pleasure of the governing body of the City and may be removed without cause. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 6 An alternate judge, while serving, has all the powers and duties of a municipal judge. Receives policy direction from the municipal judge. Must have the ability to establish and maintain effective working relationships with elected officials, city employees, and citizens; analyze evidence and data presented in court, apply existing laws fairly and impartially, and to render prompt and equitable verdicts; deal courteously and tactfully with all persons having contact or business with the court; communicate effectively, both orally and in writing, in a manner that will be understood by all parties concerned; execute duties whenever needed or required; and perform all duties in an efficient, competent and professional manner. ________________________ ______________________________ Date Accepted Signature CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 1 CITY OF COPPELL CONTRACTOR AGREEMENT THIS CONTRACTOR AGREEMENT (the “Agreement”), dated to be effective the ________ day of ___________ 2016, is entered into by and between the City of Coppell (“City”), a home rule municipal corporation situated in Dallas County, Texas, and Kim Nesbitt (“Contractor”). Subject to the terms and conditions of this Agreement, City hereby engages Contractor as an independent contractor to serve as its Alternate Municipal Court Judge, and Contractor hereby accepts such engagement. City and Contractor agree as follows: 1. Independent Contractor Relationship. Upon appointment by the City Council, Contractor shall serve as the Alternate Municipal Court Judge of the Coppell Municipal Court No. 1 pursuant to Section 4.06 of the City’s Home Rule Charter and applicable City ordinances. All duties performed by Contractor under this Agreement shall be as an independent contractor. Contractor is not an employee of City for any purpose. 2. Duties. In her role as Alternate Municipal Court Judge, Contractor agrees to perform the duties and responsibilities set out in Exhibit “A,” which is incorporated for all purposes, and in so doing, agrees that she will not be supervised by City and that City is relying on her to: exercise her unique expertise, knowledge and skills; use her independent judgment and discretion; and retain and exercise full control over the details and means by which she carries out her duties. Contractor will perform her duties in a professional, courteous, and timely manner. Contractor will coordinate with the Presiding Municipal Court Judge to establish her work hours, and if she is unable to maintain her established work hours on a particular day, she will notify the Presiding Municipal Judge and the Court Administrator at least five business days in advance, except in cases of illness or emergency, in which case Contractor will provide as much advance notice as possible. In carrying out her duties, Contractor further agrees to comply with all applicable federal, state, and local laws, rules and regulations. Contractor further agrees to conduct her personal business and regulate her work habits and working hours so as to maintain and increase the goodwill, operations and reputation of the City. In interacting with City employees, citizens, and others with whom she comes into contact as the Alternate Municipal Court Judge, Contractor will not engage in any discriminatory or harassing conduct based on race, religion, color, sex, national origin, disability, age, or any other characteristic protected by law. 3. Term. The term of this Agreement is for two (2) years, unless sooner terminated as provided herein 4. Compensation. City will pay Contractor as follows: A. $122.00 per hour for services rendered, in increments of ¼ hour; B. Up to sixteen (16) hours for attendance at continuing legal education; and CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 2 C. From time to time, Contractor is required to work a “call-out.” This term refers to time spent by Contractor outside her established work hours (including nights, weekends, and holidays) at the request of the City’s Police Department performing prisoner arraignments, providing magistrate’s warnings, and issuing search warrants. Time worked immediately before or after established work hours performing such duties is not considered “call-out.” Contractor will be paid a minimum of one (1) hour per call-out, and thereafter in ¼ hour increments. Upon receipt of Contractor’s monthly invoice, payment will be made in accordance with City’s routine accounts payable procedures. 5. Contractor’s Qualifications. Contractor covenants and affirms that she is, and during the term of this Agreement will remain: a Texas resident; a citizen of the United States; an attorney in good standing and licensed by the State Bar of Texas; and, in compliance with the Texas Code of Judicial Conduct. Contractor also affirms that she has two or more years of experience in the practice of law in the State of Texas. Contractor is responsible for any expenses associated with maintaining her Texas bar license and for any continuing education required to perform her duties hereunder. Contractor represents and warrants that she has a thorough knowledge of City and Texas laws, including appellate court rulings as they pertain to a court of limited jurisdiction, the Texas Code of Criminal Procedure, the Texas Penal Code, the Texas rules of evidence, trial and courtroom procedures, and the functions and operations of a Court of Record. 6. Court Facilities. As required by law and in order to assist the citizenry, City will provide a courtroom, jury room, office, office furniture, library, law books, and other facilities and supplies necessary for the proper operation of its Municipal Court. 7. Benefits. As an independent contractor, Contractor is not entitled to benefits of any kind from City. Contractor has no claim against City for vacation pay, sick leave, retirement benefits, social security, workers’ compensation, health or disability insurance or related benefits, unemployment insurance benefits, or any other type of benefit. 8. Contractor’s Other Clients. Nothing in this Agreement prohibits Contractor from providing her professional services to third parties as long as such other work does not interfere or conflict with her duties under this Agreement or reflect unfavorably upon City. Provided, however, that in her private law practice Contractor agrees that she will not represent a party who is, or who reasonably may be, adverse to the City or one of its employees, or in a matter wherein the City or one of its employees is, or reasonably may be, a party or witness. 9. Taxes. Contractor agrees and acknowledges that City is not responsible for withholding or payment of any social security taxes, unemployment taxes, income taxes, or other withholding on her behalf. Contractor acknowledges and agrees that she is obligated to report to the IRS all compensation she earns under this Agreement and to pay any and all local, state, or federal income tax due and owing on such compensation. On an annual basis, City will provide Contractor a Form 1099 reflecting compensation paid to her during the prior calendar year. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 3 10. Indemnity by Contractor. Contractor agrees to indemnify and hold City harmless from and against any and all claims, actions, damages, liabilities, losses, costs, or ex penses (including without limitation, attorneys’ fees, court costs, back taxes, penalties and interest) arising out side of Contractor’s performance of her duties under this Agreement. 11. Insurance. The City has an Errors and Omissions insurance policy covering its officers, directors, and elected and appointed officials. This policy covers monetary damages arising out of civil claims resulting from wrongful acts by such individuals while acting within the scope of their duties. It is the intent of City that Contractor, in her capacity as Alternate Municipal Court Judge, be covered under the City’s Errors and Omissions policy under the terms of this Agreement and such policy. 12. Termination. Contractor may terminate this Agreement by providing City Manager with thirty (30) days’ prior written notice. The City may terminate this Agreement in accordance with applicable law and it’s Charter. Any accrued compensation owing to Contractor through the date of termination will be paid to Contractor in full and final satisfaction of this Agreement. 13. Miscellaneous. 13.1 If any term, covenant, or condition of this Agreement is invalid or unenforceable, the remainder of this Agreement will be valid and enforced to the fullest extent permitted by law. 13.2 Any change or amendment to this Agreement must be in writing and signed by both parties. 13.3 This Agreement contains the entire understanding between the parties. 13.4 Contractor may not assign this Agreement. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 4 13.5 This Agreement, and the rights and obligations of the parties, will be governed and construed in accordance with the laws of the State of Texas. Venue will be in Dallas County. 13.6 The waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. IN WITNESS WHEREOF, the parties have executed this Independent Contractor Agreement effective as of the day and year first above written. THE CITY OF COPPELL By ______________________________ Clay Phillips, City Manager CONTRACTOR: ______________________________ Kim Nesbitt CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 5 Exhibit A – City of Coppell – Contractor Agreement SCOPE OF SERVICES FOR MUNICIPAL COURT JUDGE (ALTERNATE) BASIC FUNCTION Responsibilities involve conducting bench and jury trials, accepting pleas, processing appeals, supervising the maintenance of official records of proceedings, and performing the duties of magistrate under state law. Work is performed with professional independence within the framework of city ordinances and state laws applicable to administration of a court and judicial proceedings. NATURE AND SCOPE Review jail, pleading and trial calendars prior to scheduled sessions of the court; presides at court sessions and arraignments as scheduled; accepts pleadings, conducts bench and jury trials as necessary and sentences defendants found guilty; issues court orders and warrants. Conducts hearings and rules on motions, pre-trial hearings and scheduling of cases outside regular sessions of the court; reviews motions for new trial filed and make rulings thereon; and complete other paperwork to process appeals. Performs legal research as necessary on matters before the court; studies legal periodicals, new law and appellate court decisions to maintain current knowledge of judicial developments. Follows all rules of procedure contained in the ordinances of the City and state law. Has the power and authority to administer official oaths and affirmations and give certificates thereof, to place persons upon Deferred Disposition, to issue subpoenas, arrest warrants, search warrants, and all other processes known to the law which municipal courts and municipal courts of record are by law authorized to issue in similar cases. Makes appropriate notations on the docket as to the disposition of each case. Reviews and completes daily municipal processes as needed. Reviews probable cause affidavits for felony and misdemeanor arrest warrants. Performs magistrate warnings for juveniles and adults. Attends bimonthly planning meetings with Municipal Judge, Court Administrator and Director of Administration and Human Resources as necessary. Performs all municipal judge and magistrate duties required by and in accordance with the laws of the State of Texas. Serves at the pleasure of the governing body of the City and may be removed without cause. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 6 An alternate judge, while serving, has all the powers and duties of a municipal judge. Receives policy direction from the municipal judge. Must have the ability to establish and maintain effective working relationships with elected officials, city employees, and citizens; analyze evidence and data presented in court, apply existing laws fairly and impartially, and to render prompt and equitable verdicts; deal courteously and tactfully with all persons having contact or business with the court; communicate effectively, both orally and in writing, in a manner that will be understood by all parties concerned; execute duties whenever needed or required; and perform all duties in an efficient, competent and professional manner. ________________________ ______________________________ Date Accepted Signature AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPOINTING A PRESIDING MUNICIPAL JUDGE AND ALTERNATE MUNICIPAL JUDGES OF THE COPPELL MUNICIPAL COURT OF RECORD NO. 1 OF THE CITY OF COPPELL, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, State law requires a municipality to enact ordinances for the appointment of judges and alternate judges; and WHEREAS, the terms of the current Municipal Judge and Alternate Judges have expired; And WHEREAS, the Council desires to reappoint the current Municipal Judge and Alternate Municipal Judges. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That in accordance with the provisions of the City Charter and State law, the City Council hereby appoints Hon. Marian Moseley to serve as the Municipal Judge of the Coppell Municipal Court No. 1, and shall act as the presiding judge of said Court, and, the City Council hereby appoints Hon. Kim Nesbitt and Hon. Terry Landwehr and shall each serve as Alternate Municipal Judges. The Municipal Judge and Alternate Municipal Judges appointed herein shall each have and possess the authority, powers, rights, duties, and jurisdiction granted to and imposed on municipal judges of the Courts of Record of the State of Texas by the provisions of State law, City Charter and the ordinances of the City of Coppell. SECTION 2. That the Municipal Judge and the Alternate Municipal Judges appointed hereunder shall each serve a term of office of two (2) years commencing from the effective date hereof, unless sooner terminated according to the provisions of law. SECTION 3. That the City Manager shall determine the appropriate compensation and negotiate with the foregoing persons such contracts and agreements as may be deemed necessary and appropriate and shall execute such contracts as the act and deed of the City. 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. That this ordinance shall take effect immediately from and after its passage and the publication, 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 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: 2016-2900 File ID: Type: Status: 2016-2900 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 07/22/2016File Created: 07/26/2016Final Action: Annual Vector ReportFile Name: Title: Presentation by Environmental Health regarding the Annual Vector Control Report. Notes: Agenda Date: 07/26/2016 Agenda Number: 11. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Read and Filed07/26/2016City Council Presentation: Luay Rahil, Environmental Health Officer, made a presentation to Council on the annual statistics surrounding vector control and the options for aerial spraying. Action Text: Text of Legislative File 2016-2900 Title Presentation by Environmental Health regarding the Annual Vector Control Report. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2900) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 6/26/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2885 File ID: Type: Status: 2016-2885 Agenda Item Passed 1Version: Reference: In Control: Engineering 07/15/2016File Created: 07/26/2016Final Action: Aerial Spraying Interlocal AgreementFile Name: Title: Consider of approval of a Resolution authorizing the City Manager to provide written notice to Dallas County Health and Human Services for Aerial Spraying for Mosquito Control in the 2015-2016 Vector Season; and authorizing the Mayor to sign. Notes: Agenda Date: 07/26/2016 Agenda Number: 12. Sponsors: Enactment Date: Annual Update Memo.pdf, Dallas County Mosquito Contract.pdf, Coppell Resolution Interlocal Aerial Spraying.pdf Attachments: Enactment Number: 2016-0726.1 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved07/26/2016City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Brianna Hinojosa-Flores, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Councilmember Cliff Long, Councilmember Brianna Hinojosa-Flores, Councilmember Wes Mays, Councilmember Marvin Franklin, and Councilmember Mark Hill 5Aye: Text of Legislative File 2016-2885 Title Consider of approval of a Resolution authorizing the City Manager to provide written notice to Dallas County Health and Human Services for Aerial Spraying for Mosquito Control in the 2015-2016 Vector Season; and authorizing the Mayor to sign. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2885) Funds have been budgeted in the Environmental Health, Other Professional Services line item for this service. 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 6/26/2017 1 MEMORANDUM To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: July 26, 2016 Reference: Consider approval of a Resolution authorizing the City Manager to provide written notice to Dallas County Health and Human Services for Aerial Spraying for Mosquito Control in the 2015-2016 Vector Season; and authorizing the Mayor to sign. 2030: Community Wellness & Enrichment Introduction: This item is being presented to update the Council on the status of our Vector Control program and to consider approval of a resolution authorizing the City Manager to provide written notice to Dallas County Health and Human Services to authorize aerial spraying to reduce adult mosquitoes. Analysis: On November 10, 2015, the Coppell City Council approved the Mosquito Ground Control Agreement between Dallas County and the City of Coppell (copy attached). Paragraph 3. B. includes procedures to follow in the event that it is determined that aerial spraying is required to control the spread of viruses associated with mosquitoes. To participate in the aerial spraying, the City must provide written notice to Dallas County and commit to the financial obligation associated with the aerial spraying. Due to increased West Nile virus activity, Dallas County is considering the use of aerial spraying to reduce adult mosquitoes and suppress the spread of West Nile virus in Dallas County. The final determination to deliver applications of adult mosquito control products by aircraft in order to reduce the adult mosquito population will be made by the Dallas County Judge. This resolution will allow the city to participate in aerial spraying in a timely manner if the Dallas County Judge recommends spraying or if our vector index reaches a critical point. Legal Review: Agenda item was reviewed by City Attorney on 7/19/2016. 2 Fiscal Impact: The fiscal impact of this Agenda item, if needed, should not exceed $36,000; budgeted from general fund. Recommendation: The Engineering Department recommends approval. STATE OF TEXAS § MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS, ON BEHALF OF THE DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT, AND COUNTY OF DALLAS § THE CITY OF COPPELL, TEXAS, A MUNICIPALITY 1. PARTIES This Interlocal Agreement ("Agreement") is an Interlocal contract made by and between the City of Coppell, Texas, a "Municipality" as defined by Section 1.005(3) of the Texas Local Government Code ("Municipality"), and Dallas County, Texas ("County"), on behalf of the Dallas County Health and Human Services Department ("DCHHS"), based on the authority of the Interlocal Cooperation Act in Chapter 791 of the Texas Government Code, and the Local Public Health Reorganization Act in Chapter 121 of the Texas Health and Safety Code, to protect the public health by controlling the population of mosquitos by ground spraying of adult mosquitoes ("adulticiding") and by treating standing water to destroy mosquito larvae ("larvaciding") in order to prevent and control the outbreak of diseases associated with mosquitoes. 2. DURATION OF THIS AGREEMENT This Agreement is effective from October 1, 2015 through September 30, 2016, unless otherwise stated in this Agreement. 3. ADULTICIDING AND LARVACIDING SPRAYING SERVICES A. Upon written request from Municipality, County will provide adulticiding and larvaciding by way of ground application at the rate set forth in Paragraph 4; B. In the event that aerial spraying is needed to control the St. Louis Encephalitis or the West Nile virus throughout the County, Municipality will have the option to participate in the County's separate emergency aerial mosquito spraying plan. If Municipality agrees to participate in the County's separate emergency aerial mosquito spraying plan, Municipality must provide written notice to County and agree in writing to the following: 1) Indicate in writing the areas and amount of acres to be sprayed; and 2) Pay Municipality's proportioned share of the cost based upon the number of acres to be sprayed multiplied by the per-acre spraying cost, as determined by County. 4. BUDGET AND PAYMENT BY MUNICIPALITY TO COUNTY A. Municipality will pay County at a rate of One Hundred Eighty-Five ($185.00) Dollars per hour, with a minimum of one (1) hour of service assessed. B. After the initial one (1) hour minimum service time for a given day of spraying, spraying services will be assessed using thirty (30) minute minimum intervals. C. Only spraying time will be assessed. Travel time to or from the site of ground spraying or treating standing water will not be assessed. D. Municipality must pay County the assessed fees within thirty (30) days of receipt by Municipality of the monthly written request for payment, or if County fails to make any written payment request(s), then Municipality will pay any remaining assessed fees no later than the last day of the term of this Agreement. E. Any payment not made within thirty (30) days of its due date will bear interest in accordance with Chapter 2251 of the Texas Government Code. Municipality's obligation MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY,TEXAS&MUNICIPALITY 2015-2016 1 to pay fees assessed and interest accrued under this Agreement will survive the term of this Agreement until the Municipality pays the assessed fees and accrued interest. 5. AUDITING AND WITHHOLDING OF PAYMENTS The Dallas County Auditor has the exclusive right and authority to audit this Agreement or to demand access to or copies of County's records concerning this Agreement or the County's administration of this Agreement. Municipality will have no right or authority to audit this Agreement or to demand access to or copies of County's records concerning this Agreement or the County's administration of this Agreement. Municipality has no right to withhold payments to County pending any audit of or inquiry about this Agreement or the County's administration of this Agreement. 6. TERMINATION A. Without Cause: This Agreement may be terminated in writing, without cause, by either party upon thirty (30) days prior written notice to the other party. B. With Cause: The County reserves the right to terminate the Agreement immediately, in whole or in part, at its sole discretion, for the following reasons: 1) Municipality's lack of or reduction in funding or resources, financial or otherwise; or 2) Municipality's misuse of resources, financial or otherwise; or 3) Municipality's failure to comply with the terms of this Agreement; or 4) Municipality's submission of inaccurate, incomplete, or false data, statements, or reports. 7. NO INDEMNIFICATION COUNTY AND MUNICIPALITY, INCLUDING THEIR RESPECTIVE ELECTED OFFICIALS AND EMPLOYEES, AGREE THAT EACH WILL BE RESPONSIBLE FOR ITS OWN NEGLIGENT ACTS OR OMISSIONS OR OTHER TORTIOUS CONDUCT IN THE COURSE OF PERFORMANCE OF THIS AGREEMENT, WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITIES AVAILABLE TO COUNTY OR MUNICIPALITY UNDER TEXAS LAW OR OTHER APPLICABLE LAWS AND WITHOUT WAIVING ANY AVAILABLE DEFENSES UNDER TEXAS LAW OR OTHER APPLICABLE LAWS. NOTHING IN THIS PARAGRAPH MAY BE CONSTRUED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, IN OR TO ANY THIRD PERSONS OR ENTITIES. 8. INSURANCE Municipality agrees that Municipality will at all times during the term of this Agreement maintain in full force and effect general liability insurance; or self-insurance, to the extent permitted by applicable law under a plan of self-insurance, that is also maintained in accordance with sound, generally accepted accounting practices. Municipality expressly understands and agrees that it is solely responsible for 1) all costs of such general liability insurance; 2) any and all deductible amounts in any general liability insurance policy; and 3) any liability in the event that any insurance company denies coverage for any incident reasonably related to the performance of this Agreement. 9. NOTICE Any notice or certification required or permitted to be delivered under this Agreement will be deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY,TEXAS&MUNICIPALITY 2015-2016 2 after deposit of the notice or certification in the United States Mail, postage prepaid, by certified or registered mail, return receipt requested, and properly addressed to the contact person shown at their respective addresses set forth below, or at such other addresses as may be specified by written notice delivered by the methods described above in this subsection: Dallas County, Texas City of Coppell,Texas Zachary Thompson, Director Karen Hunt, Mayor Dallas County Health & Human Svcs Attn: Perri Kitties, Health Officer 2377 N. Stemmons Frwy, Suite 600 265 Parkway Blvd. Dallas, Texas 75207-2710 Coppell, Texas 75019 10. ENTIRE AGREEMENT AND AMENDMENTS This Agreement, including any Exhibits and Attachments, constitutes the entire agreement between the parties and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of this Agreement can be effective unless mutually agreed upon in writing and executed by the parties. 11. COUNTERPARTS, NUMBER, GENDER, AND HEADINGS This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument when considered together in context. Words of any gender used in this Agreement will be held and construed to include any other gender any words in the singular will include the plural and vice versa, unless the context clearly requires otherwise. Headings are for the convenience of reference only and cannot be considered in any interpretation of this Agreement. 12. SEVERABILITY If any term of this Agreement is construed to be illegal, invalid, void or unenforceable, this construction will not affect the legality or validity or any of the remaining terms. The unenforceable or illegal term will be deemed stricken and deleted, but the remaining terms will not be affected or impaired and such remaining terms will remain in full force and effect. 13. FISCAL FUNDING CLAUSE Notwithstanding any terms contained in this Agreement, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation for the term of the Agreement and any pertinent extensions. Municipality has no right of action against County in the event County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to Municipality at the earliest possible time prior to the end of its fiscal year. 14. DEFAULT - CUMULATIVE RIGHTS - MITIGATION It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays in taking any action. The rights and remedies provided by this Agreement are cumulative, and either party's use of any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Both parties have a duty to mitigate damages. MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY,TEXAS&MUNICIPALITY 2015-2016 3 15. SOVEREIGN IMMUNITY THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO MUNICIPALITY'S AND COUNTY'S GOVERNMENTAL IMMUNITIES, INCLUDING, WITHOUT LIMITATION, TITLE 5 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE AND ALL APPLICABLE STATE AND FEDERAL LAWS. THE PARTIES EXPRESSLY AGREE THAT NO TERM OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY, OR A WAIVER OF ANY TORT LIMITATION, AND ANY DEFENSES THAT MUNICIPALITY OR COUNTY HAVE BY OPERATION OF LAW, OR OTHERWISE. NOTHING IN THIS AGREEMENT IS INTENDED TO OR DOES BENEFIT ANY THIRD PARTY BENEFICIARY. 16. COMPLIANCE WITH LAW, CHOICE OF LAW, AND VENUE In providing services required by this Agreement, Municipality and County must observe and comply with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable Federal, State, and local statutes, ordinances, rules, and regulations. The laws of the State of Texas govern this Agreement. Exclusive venue for any action or claim arising from this Agreement is in the State or Federal District Courts that are physically located in Dallas County, Texas. 17. RELATIONSHIP OF PARTIES County and Municipality are each independent political subdivisions of the State of Texas. Neither is an agent, servant, joint enterpriser, joint venturer, or employee of the other. Municipality and County agree and acknowledge that each governmental entity will be responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this Agreement. The remainder of this page is intentionally left blank. MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY,TEXAS&MUNICIPALITY 2015-2016 4 18. SIGNATORY WARRANTY Municipality and County represent that each has the full right, power, and authority to enter and perform this Agreement in accordance with all of its terms and conditions, and that the execution and delivery of this Agreement has been made by authorized representatives of the parties to validly and legally bind the parties to all terms set forth in this Agreement. COUNTY: MUNICIPA tTY: 1_1(it/ I BY: Clay Le is Je kins il -- BY: ' V e-,r K-A-r a- S4-t leo ' u,v4-- Count&Ju.•-Mayor or'City Manager Dallas County, Texas City of Coppell, Texas DATE SIGNED: /21///c DATE SIGNED: ac'c-,--6,..r to ` 2-0 1 a Recommended: BY: achary om s c Director, DCHHS Dallas County, Texas Approved as to Form*: Approved as to Form: DALLAS COUNTY MUNICIPALITY Susan Hawk District Attorney I APAP r DaoBY: Melanie Barton BY: vQAssistantDistrictAttorney Civil Division Attorney for Municipality By law,the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY,TEXAS&MUNICIPALITY 2015-2016 5 RESOLUTION NO. ______________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE CITY MANAGER TO PROVIDE WRITTEN NOTICE TO DALLAS COUNTY HEALTH AND HUMAN SERVICES FOR AERIAL SPRAYING FOR MOSQUITO CONTROL IN THE 2015-2016 VECTOR SEASONS IF PROMULGATED BY THE DALLAS COUNTY JUDGE IN AN AMOUNT NOT TO EXCEED $36,000.00; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell has in the past and may have again this year West Nile Virus or other vector borne infection cases for which ground spraying is insufficient to battle disease; and WHEREAS, the vector index in Dallas County for vector borne infections could rise and result in an extreme outbreak of West Nile Virus, and; WHEREAS, the Dallas County Judge or Commissioner’s Court may recommend that action be taken to initiate aerial spraying activities to reduce the mosquito population which carries the disease; and WHEREAS, the City of Coppell does not possess adequate facilities to effectuate aerial spraying; and WHEREAS, the City of Coppell has determined that extraordinary measures may be required to alleviate the suffering of people and to protect or rehabilitate property, and that the procurement of mosquito control preventative measures and services is necessary to protect the public health and safety of the City’s residents. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS THAT: SECTION 1. That the City Council of the City of Coppell, Texas, hereby authorizes the City Manager to provide written notice to Dallas County for aerial spraying for the City of Coppell per paragraph 3. B. of the Mosquito Ground Control Agreement between Dallas County and the City of Coppell as approved by the Coppell City Council on November 10, 2015. It is estimated that the total cost for aerial spraying for mosquito control measures will not exceed $36,000.00. SECTION 2. That this Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED on 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: 2016-2893 File ID: Type: Status: 2016-2893 Ordinance Passed 1Version: Reference: In Control: Finance 07/18/2016File Created: 07/26/2016Final Action: Certificate of Obligations, Series 2016File Name: Title: Consider and take action to adopt an Ordinance authorizing the issuance and sale of City of Coppell, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2016; levying an annual ad valorem tax and providing for the payment of said certificates; approving an official statement; providing an effective date; and enacting other provisions relating to the subject; and authorizing the Mayor to sign. Notes: Agenda Date: 07/26/2016 Agenda Number: 13. Sponsors: Enactment Date: 07/26/2016 Council Packet Memo.pdf, Ordinance.pdf, Moody's Rating FirstSouthwest (Hilltop Securities) MA Disclosure.pdf, S&P Rating for Series 2016 SP GO.pdf Attachments: Enactment Number: ORD 2016-1442 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved07/26/2016City Council At this time, Mayor Hunt swapped the order for Items 13 and 14 and read the caption for Item 14 first. See Agenda Item 14 for action. Action for Agenda Item 13: A motion was made by Councilmember Mark Hill, seconded by Councilmember Marvin Franklin, that this Ordinance be approved. The motion passed by an unanimous vote. At this time, Mayor Hunt returned to the meeting. Action Text: Councilmember Cliff Long, Councilmember Brianna Hinojosa-Flores, Councilmember Wes Mays, Councilmember Marvin Franklin, and Councilmember Mark Hill 5Aye: Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2893) Text of Legislative File 2016-2893 Title Consider and take action to adopt an Ordinance authorizing the issuance and sale of City of Coppell, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2016; levying an annual ad valorem tax and providing for the payment of said certificates; approving an official statement; providing an effective date; and enacting other provisions relating to the subject; and authorizing the Mayor to sign. Summary See attached memo Fiscal Impact: The impact of this bond sale will be incorporated in the City’s Debt Service Tax Rate. Staff Recommendation: The Finance Department recommends approval of this Ordinance. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 6/26/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: July 26, 2016 Reference: Consider approval of an ordinance authorizing the issuance Combination Tax and Limited Surplus Revenue Certificates of Obligations in the maximum amount of $11,800,000 for street and drainage projects 2030: Sustainable City Government Introduction: This item is being presented for approval of the issuance and sale of Combination Tax and Limited Surplus Revenue Certificates of Obligations to construct and improve streets and roads including related drainage, signalization, landscaping, lighting, utility relocation and replacement, bridges and signage, and acquisition of land and interests in land for such project; constructing and installing storm water drainage improvements, and acquisition of land and interests in land for such projects; and payment of the costs associated with the issuance of the Certificates. The maximum amount of the Combination Tax and Limited Surplus Revenue Certificates of Obligation that may be authorized for the above described projects is $11,800,000. Analysis: State law requires the approval of this Ordinance prior to the sale of the Combination Tax and Limited Surplus Revenue Certificates of Obligation. The projects to be funds with these bond proceeds are broken down below for your review. Freeport Pkwy Project $ 9,500,000 Design of Beltline Rd 1,000,000 North Lake Drainage 1,000,000 Bond Issuance Costs 300,000 Total $11,800,000 2 Legal Review: The related bond issuance and sale documents have been prepared by Leroy Grawunder, the City of Coppell’s bond attorney. Fiscal Impact: The impact of this bond sale will be incorporated in the City’s Debt Service Tax Rate. Recommendation: The Finance Department recommends approval of this Ordinance. ORDINANCE NO. _________________ AUTHORIZING THE ISSUANCE AND SALE OF CITY OF COPPELL, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2016; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES; APPROVING AN OFFICIAL STATEMENT; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT THE STATE OF TEXAS § COUNTIES OF DALLAS AND DENTON § CITY OF COPPELL § WHEREAS, the City Council of the City of Coppell, Texas, deems it advisable to issue Certificates of Obligation in the amount of $10,680,000 for the purposes hereinafter set forth; and WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be issued and delivered for cash pursuant to Subchapter C of Chapter 271, Local Government Code and Subchapter B, Chapter 1502, Government Code; and WHEREAS, the City Council has heretofore passed a resolution authorizing and directing the City Secretary to give notice of intention to issue Certificates of Obligation, and said notice has been duly published in a newspaper of general circulation in said City, said newspaper being a "newspaper" as defined in §2051.044, Texas Government Code; and WHEREAS, the City received no petition from the qualified electors of the City protesting the issuance of such Certificates of Obligation; and WHEREAS, it is officially found, determined, and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required by the applicable provisions of Tex. Gov't Code Ann. ch. 551; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. RECITALS, AMOUNT AND PURPOSE OF THE CERTIFICATES. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. The certificates of the City of Coppell, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $10,680,000 for paying all or a portion of the Issuer's contractual obligations to be incurred in connection with: (i) constructing and improving streets and roads including related drainage, signalization, landscaping, lighting, utility relocation and replacement, bridges and signage, and acquisition of land and interests in land for such projects; (ii) constructing and installing storm water drainage improvements, and acquisition of land and interests in land for such projects; and (iii) paying legal, fiscal, engineering and architectural fees in connection with these projects (collectively, the "Projects"). Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURITIES AND INTEREST RATES OF CERTIFICATES. Each certificate issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 2016," and initially there shall be issued, sold, and delivered hereunder one fully registered certificate, without interest coupons, dated July 15, 2016, in the principal 2 amount stated above and in the denominations hereinafter stated, numbered T-1, with certificates issued in replacement thereof being in the denominations and principal amounts hereinafter stated and numbered consecutively from R-1 upward, payable to the respective Registered Owners thereof (with the initial certificate being made payable to the initial purchaser as described in Section 10 hereof), or to the registered assignee or assignees of said certificates or any portion or portions thereof (in each case, the "Registered Owner"), and said certificates shall mature and be payable serially on February 1 in each of the years and in the principal amounts, respectively, and shall bear interest from the dates set forth in the FORM OF CERTIFICATE set forth in Section 4 of this Ordinance to their respective dates of maturity or redemption prior to maturity at the rates per annum, as set forth in the following schedule: Years Principal Amount Interest Rates Years Principal Amount Interest Rates 2017 $ 425,000 2027 $ 515,000 2018 410,000 2028 535,000 2019 415,000 2029 560,000 2020 425,000 2030 580,000 2021 435,000 2031 610,000 2022 445,000 2032 630,000 2023 455,000 2033 655,000 2024 470,000 2034 685,000 2025 480,000 2035 710,000 2026 500,000 2036 740,000 The term "Certificates" as used in this Ordinance shall mean and include collectively the certificates initially issued and delivered pursuant to this Ordinance and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates. Section 3. CHARACTERISTICS OF THE CERTIFICATES. (a) Appointment of Paying Agent/Registrar. The Issuer hereby appoints U.S. Bank National Association, Dallas, Texas, to serve as paying agent and registrar for the Certificates (the "Paying Agent/Registrar"). The Mayor or City Manager is authorized and directed to execute and deliver in the name and under the corporate seal and on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying Agent/Registrar in substantially the form presented at this meeting. (b) Registration, Transfer, Conversion and Exchange. The Issuer shall keep or cause to be kept at the corporate trust office of the Paying Agent/Registrar books or records for the registration of the transfer, conversion and exchange of the Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided within three days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. Th e Issuer shall have the right to inspect the Registration Books during 3 regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of Certificates shall be made in the manner provided and with the effect stated in the FORM OF CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. (c) Authentication. Except as provided in subsection (i) of this section, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign said Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all paid Certificates and Certificates surrendered for conversion and exchange. No additional ordinances, orders or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution and delivery of the substitute Certificates in the manner prescribed herein. Pursuant to Subchapter D, Chapter 1201, Texas Government Code, the duty of conversion and exchange of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the converted and exchanged Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (d) Payment of Principal and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges of Certificates, and all replacements of Certificates, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. (e) Payment to Registered Owner. Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate is registered in the Registration Books as the absolute owner of such Certificate for the purpose of payment of principal and interest with respect to such Certificate, for the purpose of registering transfers with respect to such Certificate, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Certificates only to or upon the order of the registered owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and interest on the Certificates to the extent of the sum or sums so paid. No person other than a registered owner, as shown in the Registration Books, shall receive a Certificate certificate evidencing the obligation of the Issuer to make payments of principal and interest pursuant to this Ordinance. 4 (f) Paying Agent/Registrar. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. (g) Substitute Paying Agent/Registrar. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. (g) Book-Entry Only System. The Certificates issued in exchange for the Certificates initially issued to the purchaser or purchasers specified herein shall be initially issued in the form of a separate single fully registered Certificate for each of the maturities thereof and the ownership of each such Certificate shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC"), and except as provided in subsections (i) and (j) of this Section, all of the outstanding Certificates shall be registered in the name of Cede & Co., as nominee of DTC. (h) Blanket Letter of Representations. The previous execution and delivery of the Blanket Letter of Representations with respect to obligations of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully applicable to the Certificates. Notwithstanding anything to the contrary contained herein, while the Certificates are subject to DTC's Book-Entry Only System and to the extent permitted by law, the Letter of Representations is hereby incorporated herein and its provisions shall prevail over any other provisions of this Ordinance in the event of conflict. (i) Certificates Registered in the Name of Cede & Co. With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Certificates. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC Participant or any other person, other than a registered owner of Certificates, as shown on the Registration Books, of any notice with respect to the Certificates, or (iii) the payment to any DTC Participant or any other person, other than a registered owner of Certificates, as shown in the Registration Books of any amount with respect to principal of or interest on the Certificates. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the 5 provisions in this Ordinance with respect to interest checks being mailed to the registered owner at the close of business on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. (j) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of the Certificates that they be able to obtain certificated Certificates, the Issuer shall (i) appoint a successor securities depository, qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Certificates to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Certificates and transfer one or more separate Certificates to DTC Participants having Certificates credited to their DTC accounts. In such event, the Certificates shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names registered owners transferring or exchanging Certificates shall designate, in accordance with the provisions of this Ordinance. (k) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificate is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, in the manner provided in the representation letter of the Issuer to DTC. (l) General Characteristics of the Certificates. The Certificates (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the Registered Owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Certificates, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Certificates shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Certificates, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF CERTIFICATE set forth in this Ordinance. The Certificates initially issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for any Certificate or Certificates issued under this Ordinance the Paying Agent/Registrar shall execute the Paying Agent/registrar's Authentication Certificate, in the FORM OF CERTIFICATE set forth in this Ordinance. (m) Cancellation of Initial Certificate. On the closing date, one initial Certificate representing the entire principal amount of the Certificates, payable in stated installments to the order of the initial purchaser of the Certificates or its designee, executed by manual or facsimile signature of the Mayor and City Secretary, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered to such purchaser or its designee. Upon payment for the initial Certificate, the Paying Agent/Registrar shall insert the Issuance Date on Certificate No. T-1, cancel each of the initial Certificates and deliver to The Depository Trust Company ("DTC") on behalf of such purchaser one registered definitive Certificate for each year of maturity of the Certificates, in the aggregate principal amount of all of the Certificates for such maturity, registered in the name of Cede & Co., as nominee of DTC. To the extent that the Paying Agent/Registrar is eligible to participate in DTC's FAST System, pursuant to an agreement between the Paying Agent/Registrar and DTC, the Paying Agent/Registrar shall hold the definitive Certificates in safekeeping for DTC. 6 Section 4. FORM OF CERTIFICATES. The form of the Certificates, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance. (a) Form of Certificate. NO. R-UNITED STATES OF AMERICA STATE OF TEXAS PRINCIPAL AMOUNT $_________ CITY OF COPPELL, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION SERIES 2016 Interest Rate Delivery Date Maturity Date CUSIP No. ___________, 2016 February 1, ____ REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, the City of Coppell, in Dallas and Denton Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on the Maturity Date specified above, the Principal Amount specified above. The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of twelve 30-day months) from the Delivery Date specified above at the Interest Rate per annum specified above. Interest is payable on February 1, 2017, and semiannually on each August 1 and February 1 thereafter to the Maturity Date specified above, or the date of redemption prior to maturity; except, if this Certificate is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of U.S. Bank National Association, Dallas, Texas, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by 7 United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth day of the month preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each owner of a Certificate appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Certificate for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of a series of Certificates dated July 15, 2016, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $10,680,000 for paying all or a portion of the Issuer's contractual obligations to be incurred in connection with constructing and improving streets and roads including related drainage, signalization, landscaping, lighting, utility relocation and replacement, bridges and signage, and acquisition of land and interests in land for such projects; constructing and installing storm water drainage improvements, and acquisition of land and interests in land for such projects; and paying legal, fiscal, engineering and architectural fees in connection with these projects. ON FEBRUARY 1, 2026, or any date thereafter, the certificates of this series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Certificates, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at a redemption price equal to the principal amount to be redeemed plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Certificates or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the registered owner of each Certificate to be redeemed at its address as it appeared on the on the 45th day prior to such redemption date; provided, however, that the failure of the registered owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the 8 proceedings for the redemption of any Certificate. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof that are to be so redeemed. If such written notice of redemption is sent and if due provision for such payment is made, all as provided above, the Certificates or portions thereof that are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate shall be redeemed, a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance. WITH RESPECT TO ANY OPTIONAL REDEMPTION OF THE CERTIFICATES, unless certain prerequisites to such redemption required by this Ordinance have been met and moneys sufficient to pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice shall state that said redemption may, at the option of the Issuer, be conditional upon the satisfaction of such prerequisites and receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon any prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption and sufficient moneys are not received, such notice shall be of no force and effect, the Issuer shall not redeem such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Certificates have not been redeemed. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Certificate may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any portion or portions hereof from time to time by the registered owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Certificate or portion thereof will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening 9 of business on the next following principal or interest payment date, or (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Certificate have been performed, existed and been done in accordance with law; that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this Certificate is additionally secured by and payable from a limited pledge of the Surplus Revenues of the Issuer's waterworks and sewer system remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the Issuer's revenue bonds or other obligations (now or hereafter outstanding) which are payable from all or any part of the net revenues of the Issuer's waterworks and sewer system, all as provided in the Certificate Ordinance. THE ISSUER HAS RESERVED THE RIGHT to amend the Certificate Ordinance as provided therein, and under some (but not all) circumstances amendments thereto must be approved by the registered owners of a majority in aggregate principal amount of the outstanding Certificates. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual or facsimile signature of the Mayor of the Issuer (or in the Mayor's absence, by the Major Pro Tem) and countersigned with the manual or facsimile signature of the City Secretary of said Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate. (signature)(signature) City Secretary Mayor (SEAL) (b) Form of Paying Agent/Registrar's Authentication Certificate. PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Certificate is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described in the text of this Certificate; and that this Certificate has been issued in conversion or 10 replacement of, or in exchange for, a certificate, certificates, or a portion of a certificate or certificates of a series that originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: . U.S. BANK NATIONAL ASSOCIATION Dallas, Texas Paying Agent/Registrar By: Authorized Representative (c) Form of Assignment. ASSIGNMENT Please print or type clearly For value received, the undersigned hereby sells, assigns and transfers unto: Transferee's Social Security or Taxpayer Identification Number: Transferee's name and address, including zip code: the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. Dated: . Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a securities transfer association recognized signature guarantee program. NOTICE: The signature above must correspond with the name of the registered owner as it appears upon the front of this Certificate in every particular, without alteration or enlargement or any change whatsoever. (d) Form of Registration Certificate of the Comptroller of Public Accounts. COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this . 11 Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) (e) Initial Certificate Insertions. (i) The initial Certificate shall be in the form set forth is paragraph (a) of this Section, except that: A. immediately under the name of the Certificate, the headings "Interest Rate" and "Maturity Date" shall both be completed with the words "As shown below" and "CUSIP No. _____" shall be deleted. B. the first paragraph shall be deleted and the following will be inserted: "THE CITY OF COPPELL, TEXAS, in Dallas and Denton Counties and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on February 1 in each of the years, in the principal installments and bearing interest at the per annum rates set forth in the following schedule: Years Principal Installments Interest Rates (Information from Section 2 to be inserted) The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360- day year of twelve 30-day months) from the Delivery Date specified above, at the respective Interest Rate per annum specified above. Interest is payable on February 1, 2017, and semiannually on each August 1 and February 1 thereafter to the date of payment of the principal installment specified above, or the date of redemption prior to maturity; except, that if this Certificate is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full." C. The Initial Certificate shall be numbered "T-1." Section 5. INTEREST AND SINKING FUND; SURPLUS REVENUES. (a) A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer as a separate fund or account for the payment of the Certificates. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the interest on and principal of said Certificates. All amounts received from the sale of the Certificates as accrued interest shall be deposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied and collected for and on account of said Certificates shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Certificates are outstanding and unpaid, 12 the governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required to pay the interest on said Certificates as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said Certificates as such principal matures (but never less than 2% of the original amount of said Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year while any of said Certificates are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. (b) The Certificates are additionally secured by a limited pledge, not to exceed $1,000, of revenues of the Issuer's waterworks and sewer system that remain after the payment of all maintenance and operation expenses thereof, and all debt service, reserve and other requirements in connection with all of the Issuer's revenue obligations (now or hereafter outstanding) that are secured by a lien on all or any part of the net revenues of the Issuer's waterworks and sewer system, constituting "Surplus Revenues". The Issuer shall deposit such limited Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to this Section, to the extent necessary to pay the principal and interest on the Certificates. Notwithstanding the requirements of this Section, if revenues are actually on deposit or budgeted for deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to this Section may be reduced to the extent and by the amount of the revenues then on deposit in the Interest and Sinking Fund or budgeted for deposit therein. (c) Article 1208, Government Code, applies to the issuance of the Certificates and the pledge of the taxes and Surplus Revenues granted by the Issuer under this Section and Section 9, respectively, and is therefore valid, effective, and perfected. Should Texas law be amended at any time while the Certificates are outstanding and unpaid, the result of such amendment being that the pledge of the taxes and Surplus Revenues granted by the Issuer under this Section and Section 9, respectively, is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the registered owners of the Certificates a security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge to occur. Section 6. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a 13 Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Certificates that is made in conjunction with the payment arrangements specified in subsection 6(a)(i) or (ii) shall not be irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the Issuer expressly reserves the right to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Certificates may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection 6(a)(i) or (ii). All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Certificates, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) The term "Defeasance Securities" means any securities and obligations now or hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations such as the Certificates. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. (e) In the event that the Issuer elects to defease less than all of the principal amount of Certificates of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Certificates by such random method as it deems fair and appropriate. Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new certificate of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Application for Replacement Certificates. Application for replacement of damaged, mutilated, lost, stolen or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a Certificate, the registered owner shall furnish to 14 the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this , in the event any such Certificate shall have matured, and no default has occurred that is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Certificate, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authority for Issuing Replacement Certificates. In accordance with Sec. 1206.022, Government Code, this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 3(a) of this Ordinance for Certificates issued in conversion and exchange for other Certificates. Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED; ENGAGEMENT OF BOND COUNSEL. (a) The Mayor of the Issuer is hereby authorized to have control of the Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Certificates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Certificates issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. In addition, if bond insurance is obtained, the Certificates may bear an appropriate legend as provided by the insurer. (b) The obligation of the initial purchaser to accept delivery of the Certificates is subject to the initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the Certificates to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection with issuance, sale and delivery of the Certificates is hereby approved and confirmed. The execution and delivery of an engagement letter between the Issuer and such firm, with respect to such services as bond 15 counsel, is hereby authorized in such form as may be approved by the Mayor or the City Manager, and the Mayor or the City Manager is hereby authorized to execute such engagement letter. Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE CERTIFICATES. (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action that would adversely affect, the treatment of the Certificates as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (1) to take any action to assure that no more than 10 percent of the proceeds of the Certificates (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code; (2) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Certificates or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (3) to take any action to assure that no amount that is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action that would otherwise result in the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (5) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (6) to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of the Certificates, other than investment property acquired with – (A) proceeds of the Certificates invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the Certificates are issued, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates; 16 (7) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (8) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Certificates have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (9) to assure that the proceeds of the Certificates will be used solely for new money projects. (b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the holders of the Certificates. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. (c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Certificates. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated that modify or expand provisions of the Code, as applicable to the Certificates, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that impose additional requirements applicable to the Certificates, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor, the City Manager or Director of Finance to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates. (d) Allocation of, and Limitation on, Expenditures for the Projects. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for the construction and acquisition of the Projects on its books and records by allocating proceeds to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Projects are completed. The foregoing notwithstanding, the Issuer shall not expend proceeds of the sale of the Certificates or investment earnings thereon more than 60 days after the earlier of (1) the fifth anniversary of the delivery of the Certificates, or (2) the date the Certificates are retired, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such expenditure will not adversely affect the status, for federal income tax purposes, of the Certificates or the interest thereon. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. 17 (e) Disposition of Projects. The Issuer covenants that the property constituting the Projects will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless any action taken in connection with such disposition will not adversely affect the tax- exempt status of the Certificates. For purpose of the foregoing, the Issuer may rely on an opinion of nationally-recognized bond counsel that the action taken in connection with such sale or other disposition will not adversely affect the tax-exempt status of the Certificates. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 10. SALE OF CERTIFICATES AND APPROVAL OF OFFICIAL STATEMENT; FURTHER PROCEDURES. (a) The Certificates are hereby sold and shall be delivered to _________________________ (the "Purchaser"), for cash for the par value thereof plus a cash premium of $____________________. The Certificates shall initially be registered in the name of such Purchaser or its designee. It is officially found, determined, and declared that the Certificates have been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement prepared and distributed in connection with the sale of the Certificates. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the governing body of the Issuer, and their use in the offer and sale of the Certificates is hereby approved. The Initial Certificate shall be registered in the name of ____________________ or its designee. (b) The Issuer hereby approves the form and content of the Official Statement relating to the Certificates and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Certificates by the Underwriters in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The distribution and use of the Preliminary Official Statement dated July 19, 2016, prior to the date hereof is hereby ratified and confirmed. (c) The Mayor and Mayor Pro Tem, the City Manager, City Secretary and Director of Finance, and each of them, shall be and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the Issuer such documents, certificates and other instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Certificates, the sale of the Certificates and the Official Statement. In case any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 11. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Certificates shall be used along with other certificate proceeds for the Projects; provided that after completion of such purpose, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on certificate proceeds that are required to be rebated to the United States of America pursuant to Section 9 hereof in order to prevent the Certificates from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. 18 Section 12. CONSTRUCTION FUND. (a) The Issuer hereby creates and establishes and shall maintain on the books of the Issuer a separate fund to be entitled the "Series 2016 Certificate of Obligation Construction Fund" for use by the Issuer for payment of all lawful costs associated with the Projects as hereinbefore provided. Proceeds of the Certificates, shall be deposited into the Construction Fund, other than amounts paid at closing for issuance costs. Upon payment of all such Project costs, any moneys remaining on deposit in said Fund shall be transferred to the Interest and Sinking Fund. Amounts so deposited to the Interest and Sinking Fund shall be used in the manner described in Section 5 of this Ordinance. (b) The Issuer may place proceeds of the Certificates (including investment earnings thereon) and amounts deposited into the Interest and Sinking Fund in investments authorized by the Public Funds Investment Act, Chapter 2256, Texas Government Code, as amended; provided, however, that the Issuer hereby covenants that the proceeds of the sale of the Certificates will be used as soon as practicable for the purposes for which the Certificates are issued. (c) All deposits authorized or required by this Ordinance shall be secured to the fullest extent required by law for the security of public funds. Section 13. COMPLIANCE WITH RULE 15c2-12. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. (b) Annual Reports. (i) The Issuer shall provide annually to the MSRB, in an electronic format as prescribed by the MSRB, within six months after the end of each fiscal year ending in or after 2016, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 10 of this Ordinance, being the information described in Exhibit A hereto. The Issuer will additionally provide audited financial statements when and if available, and in any event, within 12 months after the end of each fiscal year ending in or after 2016. If the audit of such financial statements is not complete within 12 months after any such fiscal year end, then the Issuer will file unaudited financial statements within such 12 month period and audited financial statements for the applicable fiscal year, when and if the audit report on such statements becomes available. Any financial statements so to be provided shall be prepared in accordance with the accounting principles described in Appendix B to the Official Statement, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation. (ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one 19 or more documents or may be included by specific reference to any document that is available to the public on the MSRB's internet website or filed with the SEC. All documents provided to the MSRB pursuant to this Section shall be accompanied by identifying information as prescribed by the MSRB. (c) Event Notices. (i) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Non-payment related defaults; 2. Modifications to rights of Certificateholders; 3. Certificate calls; 4. Release, substitution, or sale of property securing repayment of the Certificates; 5. The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms; and 6. Appointment of a successor or additional trustee or the change of name of a trustee. (ii) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the following events with respect to the Certificates, without regard to whether such event is considered material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Unscheduled draws on debt service reserves reflecting financial difficulties; 3. Unscheduled draws on credit enhancements reflecting financial difficulties; 4. Substitution of credit or liquidity providers, or their failure to perform; 5. Adverse tax opinions or the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701–TEB) or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; 6. Tender offers; 7. Defeasances; 8. Rating changes; and 9. Bankruptcy, insolvency, receivership or similar event of an obligated person. (iii) The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such subsection. (d) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the Issuer in any event will give notice 20 of any deposit made in accordance with this Ordinance or applicable law that causes Certificates no longer to be outstanding. (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) Should the Rule be amended to obligate the Issuer to make filings with or provide notices to entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with respect to the Certificates in accordance with the Rule as amended. The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Certificates. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. 21 Section 14. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this Ordinance subject to the following terms and conditions, to-wit: (a) The Issuer may from time to time, without the consent of any holder, except as otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect the interests of the holders, (v) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, or (iv) make such other provisions in regard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders. (b) Except as provided in paragraph (a) above, the holders of Certificates aggregating in principal amount 51% of the aggregate principal amount of then outstanding Certificates that are the subject of a proposed amendment shall have the right from time to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100% of the holders in aggregate principal amount of the then outstanding Certificates, nothing herein contained shall permit or be construed to permit amendment of the terms and conditions of this Ordinance or in any of the Certificates so as to: (1) Make any change in the maturity of any of the outstanding Certificates; (2) Reduce the rate of interest borne by any of the outstanding Certificates; (3) Reduce the amount of the principal of, or redemption premium, if any, payable on any outstanding Certificates; (4) Modify the terms of payment of principal or of interest or redemption premium on outstanding Certificates or any of them or impose any condition with respect to such payment; or (5) Change the minimum percentage of the principal amount of any series of Certificates necessary for consent to such amendment. (c) If at any time the Issuer shall desire to amend this Ordinance under subsection (b) of this Section, the Issuer shall send by U.S. mail to each registered owner of the affected Certificates a copy of the proposed amendment. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the office of the Issuer for inspection by all holders of such Certificates. (d) Whenever at any time within six months from the date of the mailing of such notice the Issuer shall receive an instrument or instruments executed by the holders of at least 51% in aggregate principal amount of all of the Certificates then outstanding that are required for the amendment, which instrument or instruments shall refer to the proposed amendment and that shall specifically consent to and approve such amendment, the Issuer may adopt the amendment in substantially the same form. (e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders of such affected Certificates shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment. 22 (f) Any consent given by the holder of a Certificate pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the mailing of the notice provided for in this Section, and shall be conclusive and binding upon all future holders of the same Certificate during such period. Such consent may be revoked at any time after six months from the date of the mailing of said notice by the holder who gave such consent, or by a successor in title, by filing notice with the Issuer, but such revocation shall not be effective if the holders of 51% in aggregate principal amount of the affected Certificates then outstanding, have, prior to the attempted revocation, consented to and approved the amendment. (g) For the purposes of establishing ownership of the Certificates, the Issuer shall rely solely upon the registration of the ownership of such Certificates on the registration books kept by the Paying Agent/Registrar. Section 15. APPROPRIATION. To pay the debt service coming due on the Certificates prior to receipt of the taxes levied to pay such debt service, if any, there is hereby appropriated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount, which together with capitalized interest received from the sale of the Certificates, will be sufficient to pay such debt service, and such amount shall be used for no other purpose. Section 16. USE OF PREMIUM. The Certificates are being sold at a net premium equal to $____________________. With respect to such premium, $_______________ shall be used to pay costs of issuance (including Underwriters' discount),$_______________ shall be deposited into the Construction Fund and $______________ shall be deposited into the Interest and Sinking Fund. Section 17. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. Section 18. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect. (Execution Page Follows) Signature Page to Ordinance No. ____________________ DULY PASSED by the City Council of the City of Coppell, Texas this the 26TH day of July, 2016. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY [CITY SEAL] 24 Exhibit A Annual Financial Information and Operating Data The following information is referred to in Section 13(b) of this Ordinance: The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: -- Tables 1 through 6, inclusive, and 8 through 14, inclusive. -------------------- U.S. PUBLIC FINANCE CREDIT OPINION 14 July 2016 New Issue Contacts Julius Vizner 212-553-0334 AVP-Analyst julius.vizner@moodys.com Denise Rappmund 214-979-6865 VP-Senior Analyst denise.rappmund@moodys.com Coppell (City of), TX New Issue: Moody's assigns Aaa to Coppell's (TX) $4M GO and $12M Revenue Certificates of Obligation, Series 2016 Summary Rating Rationale Moody's Investors Service has assigned ratings of Aaa to the City of Coppell's, TX $4.23 million General Obligation Refunding Bonds, Series 2016 and $11.8 million Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2016. The highest quality Aaa rating continues to reflect the strong underlying credit quality of the city including a moderately sized tax base in the Dallas-Fort Worth metroplex, strong management practices evidenced by solid financial performance with ample reserves, above- average socioeconomic indices compared to the medians for the rating category, and a manageable debt portfolio. Exhibit 1 Source: Coppell comprehensive annual financial reports MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE This publication does not announce a credit rating action. For any credit ratings referenced in this publication, please see the ratings tab on the issuer/entity page on www.moodys.com for the most updated credit rating action information and rating history. 2 14 July 2016 Coppell (City of), TX: New Issue: Moody's assigns Aaa to Coppell's (TX) $4M GO and $12M Revenue Certificates of Obligation, Series 2016 Credit Strengths »History of solid financial performance marked by ample reserves »Strong socioeconomic indices »Experienced management staff that adheres to prudent fiscal policies Credit Challenges »Moderately-sized tax base relative to medians Rating Outlook Outlooks are usually not assigned to local government credits with this amount of debt outstanding. Factors that Could Lead to a Downgrade »Erosion of current available reserves »Significant taxable value decline »Significant debt issuance without corresponding tax base growth Key Indicators Exhibit 2 Source: Moody's Investors Service Detailed Rating Considerations Economy and Tax Base Located primarily in Dallas County (Aaa/Stable), central Coppell is approximately 23 miles northwest of downtown Dallas (Aa2/Stable) and ten minutes from the DFW International Airport. The city, traditionally a bedroom community, has experienced considerable commercial activity in its over the past few years that has helped diversify land use in the tax base. As of fiscal 2016, single family MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE 3 14 July 2016 Coppell (City of), TX: New Issue: Moody's assigns Aaa to Coppell's (TX) $4M GO and $12M Revenue Certificates of Obligation, Series 2016 homes accounted for 51% of total value, followed by real commercial at 18% and tangible commercial at 22%. Within the past three years taxable values have returned to growth - most recently, for fiscal 2016 taxable values increased by 11%, bringing the taxable value to $6 billion. Average annual growth over the past five years has been 5%. Per city officials, the local economy continues to be strong with commercial development and numerous corporate relocations continuing to add to the growing employment base. New development includes a 1 million sq.ft. light industrial complex, the city's first hotel and conference center, as well as council approval of an additional 1.5 million sq.ft. light industrial center and another hotel. In addition to commercial expansion, new homes continue to be built in the city. Fiscal 2015 saw a total of 273 residential permits valued at $83 million and 133 commercial permits valued at $112 million. Already in fiscal 2016, year-to-date through May, 169 residential permits and 76 commercial permits have been issued. The tax base has maintained diversity with the top ten taxpayers representing a low 7% of value. The city exhibits very strong socio-economic indicators which is a particular credit positive. Per the 2012 American Community Survey (ACS) the median family income was 192.5% of the US median. The March unemployment rate was 3.4% compared to 4.5% for the state and 5.1% for the US. Financial Operations and Reserves The city continues to demonstrate solid financial management with healthy reserve levels in the General Fund that remain in excess of the city's combined charter and reserve policy. The city's charter calls for a reserve requirement equal to 10% of the following year's budget. On top of the charter, the city has created a General Fund policy that calls for a minimum of 15% of expenditures. The General Fund has a history of strong financial operations and had a $1.0 million operating surplus in fiscal 2015. At fiscal 2015 year end, total fund balance was $56 million, an above-average 103% of General Fund revenues. Of this, $28 million was unassigned. In total, available fund balance totaled $38 million, a healthy 62.2% of revenues. Other fund balance restricted or committed uses include those for general government, public safety, public works, economic development and culture and recreation. The city is in good fiscal shape and fiscal 2016 is is trending positively. Sales tax receipts through June are 12% higher than last year, according to the city, a result of organic growth stemming from businesses relocating to the area. While the tax base has been growing, the city has used this opportunity to decrease property tax rates for residents and therefore property tax receipts have not seen a large climb up. The M&O (maintenance and operations) and I&S (interest and sinking funds) tax rate stood at $6.91/$1000 of AV as of fiscal 2012, and has been declining annually since then. As of fiscal 2016 the city levied $4.48/$1000 for M&O and $1.36/$1000 for I&S for a total levy of $5.84/$1000 of AV. There is no expectation the tax rate will increase in the near term. LIQUIDITY As of fiscal 2015, the cash and investment position was $61 million, an above-average 99.1% of revenues. Debt and Pensions All of the city's debt is fixed rate, and the city is not party to any derivative agreements. The city's debt profile is manageable direct debt burden of 1.7%, and 6.1% including all overlapping debt. The city's debt burden is slightly elevated relative to national Aaa peers, but similar to Texas peers in higher growth areas. The city does not plan to significantly increase its debt levels. DEBT STRUCTURE The city's debt amortizes at an average pace, with 73.6% of principal repaid within ten years, which is on par with the state median payout rate. Annual debt service declines over time, with maximum annual debt service of $9 million occurring in 2017. DEBT-RELATED DERIVATIVES The city does not have any derivative agreements. PENSIONS AND OPEB The city has a manageable employee pension burden based on unfunded liabilities for its share of the Texas Municipal Retirement System (TMRS), an agent multiple-employer plan administered by the state. Moody's fiscal 2014 adjusted net pension liability (ANPL) for the city, under our methodology for adjusting reported pension data, is $87 million, or 1.4x operating revenue. The three year average of the city's ANPL to operating revenues is 1.0 times, while the three year average of ANPL to full value is a manageable 1.2%. MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE 4 14 July 2016 Coppell (City of), TX: New Issue: Moody's assigns Aaa to Coppell's (TX) $4M GO and $12M Revenue Certificates of Obligation, Series 2016 Moody's ANPL reflects certain adjustments we make to improve comparability of reported pension liabilities. The adjustments are not intended to replace the city's reported liability information, but to improve comparability with other rated entities. For more information on Moody's insights on employee pensions and the related credit impact on companies, governments and other entities across the globe, please visit Moody's on Pensions at www.moodys.com/pensions. Management and Governance Texas cities have an institutional framework score of “Aa,” or strong. Cities rely on stable property taxes for 30%-40% of their operating revenues, while 25%-35% comes from economically sensitive sales taxes, resulting in moderate predictability overall. Cities maintain moderate flexibility under the state-mandated cap ($25 per $1,000 of AV, with no more than $15 for debt) to raise property taxes as most cities are well below the cap. Expenditures primarily consist of personnel costs, which are highly predictable. Cities have high flexibility to reduce expenditures given no union contracts. Legal Security The bonds constitute direct and general obligations of the city, payable from the levy and collection of a direct and continuing annual ad valorem tax, within the limits prescribed by law, on all taxable property located within the city. The certificates are additionally secured by a limited pledge (not to exceed $1,000) of the surplus revenues of the City's Waterworks and Sewer System. Use of Proceeds Proceeds from the sale of the bonds will be used to refund a portion of the city's outstanding debt. Proceeds from the sale of the certificates will be used to finance infrastructure improvements. Obligor Profile The city of Coppell, TX is a political subdivision and home rule municipal corporation located in Dallas and Denton Counties (both Aaa/ Stable). The city covers about 14.7 square miles and has a current population of 40,000. Methodology The principal methodology used in this rating was US Local Government General Obligation Debt published in January 2014. Please see the Ratings Methodologies page on www.moodys.com for a copy of this methodology. Ratings Exhibit 3 Coppell (City of) TX Issue Rating Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2016 Aaa Rating Type Underlying LT Sale Amount $11,800,000 Expected Sale Date 07/26/2016 Rating Description General Obligation Limited Tax General Obligation Refunding Bonds, Series 2016 Aaa Rating Type Underlying LT Sale Amount $4,230,000 Expected Sale Date 07/26/2016 Rating Description General Obligation Limited Tax Source: Moody's Investors Service MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE 5 14 July 2016 Coppell (City of), TX: New Issue: Moody's assigns Aaa to Coppell's (TX) $4M GO and $12M Revenue Certificates of Obligation, Series 2016 © 2016 Moody's Corporation, Moody's Investors Service, Inc., Moody's Analytics, Inc. and/or their licensors and affiliates (collectively, "MOODY'S"). All rights reserved. CREDIT RATINGS ISSUED BY MOODY'S INVESTORS SERVICE, INC. AND ITS RATINGS AFFILIATES ("MIS") ARE MOODY'S CURRENT OPINIONS OF THE RELATIVE FUTURE CREDIT RISK OF ENTITIES, CREDIT COMMITMENTS, OR DEBT OR DEBT-LIKE SECURITIES, AND CREDIT RATINGS AND RESEARCH PUBLICATIONS PUBLISHED BY MOODY'S ("MOODY'S PUBLICATIONS") MAY INCLUDE MOODY'S CURRENT OPINIONS OF THE RELATIVE FUTURE CREDIT RISK OF ENTITIES, CREDIT COMMITMENTS, OR DEBT OR DEBT-LIKE SECURITIES. MOODY'S DEFINES CREDIT RISK AS THE RISK THAT AN ENTITY MAY NOT MEET ITS CONTRACTUAL, FINANCIAL OBLIGATIONS AS THEY COME DUE AND ANY ESTIMATED FINANCIAL LOSS IN THE EVENT OF DEFAULT. CREDIT RATINGS DO NOT ADDRESS ANY OTHER RISK, INCLUDING BUT NOT LIMITED TO: LIQUIDITY RISK, MARKET VALUE RISK, OR PRICE VOLATILITY. CREDIT RATINGS AND MOODY'S OPINIONS INCLUDED IN MOODY'S PUBLICATIONS ARE NOT STATEMENTS OF CURRENT OR HISTORICAL FACT. MOODY'S PUBLICATIONS MAY ALSO INCLUDE QUANTITATIVE MODEL-BASED ESTIMATES OF CREDIT RISK AND RELATED OPINIONS OR COMMENTARY PUBLISHED BY MOODY'S ANALYTICS, INC. CREDIT RATINGS AND MOODY'S PUBLICATIONS DO NOT CONSTITUTE OR PROVIDE INVESTMENT OR FINANCIAL ADVICE, AND CREDIT RATINGS AND MOODY'S PUBLICATIONS ARE NOT AND DO NOT PROVIDE RECOMMENDATIONS TO PURCHASE, SELL, OR HOLD PARTICULAR SECURITIES. NEITHER CREDIT RATINGS NOR MOODY'S PUBLICATIONS COMMENT ON THE SUITABILITY OF AN INVESTMENT FOR ANY PARTICULAR INVESTOR. MOODY'S ISSUES ITS CREDIT RATINGS AND PUBLISHES MOODY'S PUBLICATIONS WITH THE EXPECTATION AND UNDERSTANDING THAT EACH INVESTOR WILL, WITH DUE CARE, MAKE ITS OWN STUDY AND EVALUATION OF EACH SECURITY THAT IS UNDER CONSIDERATION FOR PURCHASE, HOLDING, OR SALE. MOODY'S CREDIT RATINGS AND MOODY'S PUBLICATIONS ARE NOT INTENDED FOR USE BY RETAIL INVESTORS AND IT WOULD BE RECKLESS AND INAPPROPRIATE FOR RETAIL INVESTORS TO USE MOODY'S CREDIT RATINGS OR MOODY'S PUBLICATIONS WHEN MAKING AN INVESTMENT DECISION. IF IN DOUBT YOU SHOULD CONTACT YOUR FINANCIAL OR OTHER PROFESSIONAL ADVISER. ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY LAW, INCLUDING BUT NOT LIMITED TO, COPYRIGHT LAW, AND NONE OF SUCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT. All information contained herein is obtained by MOODY'S from sources believed by it to be accurate and reliable. Because of the possibility of human or mechanical error as well as other factors, however, all information contained herein is provided "AS IS" without warranty of any kind. MOODY'S adopts all necessary measures so that the information it uses in assigning a credit rating is of sufficient quality and from sources MOODY'S considers to be reliable including, when appropriate, independent third-party sources. However, MOODY'S is not an auditor and cannot in every instance independently verify or validate information received in the rating process or in preparing the Moody's Publications. To the extent permitted by law, MOODY'S and its directors, officers, employees, agents, representatives, licensors and suppliers disclaim liability to any person or entity for any indirect, special, consequential, or incidental losses or damages whatsoever arising from or in connection with the information contained herein or the use of or inability to use any such information, even if MOODY'S or any of its directors, officers, employees, agents, representatives, licensors or suppliers is advised in advance of the possibility of such losses or damages, including but not limited to: (a) any loss of present or prospective profits or (b) any loss or damage arising where the relevant financial instrument is not the subject of a particular credit rating assigned by MOODY'S. To the extent permitted by law, MOODY'S and its directors, officers, employees, agents, representatives, licensors and suppliers disclaim liability for any direct or compensatory losses or damages caused to any person or entity, including but not limited to by any negligence (but excluding fraud, willful misconduct or any other type of liability that, for the avoidance of doubt, by law cannot be excluded) on the part of, or any contingency within or beyond the control of, MOODY'S or any of its directors, officers, employees, agents, representatives, licensors or suppliers, arising from or in connection with the information contained herein or the use of or inability to use any such information. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR INFORMATION IS GIVEN OR MADE BY MOODY'S IN ANY FORM OR MANNER WHATSOEVER. Moody's Investors Service, Inc., a wholly-owned credit rating agency subsidiary of Moody's Corporation ("MCO"), hereby discloses that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by Moody's Investors Service, Inc. have, prior to assignment of any rating, agreed to pay to Moody's Investors Service, Inc. for appraisal and rating services rendered by it fees ranging from $1,500 to approximately $2,500,000. MCO and MIS also maintain policies and procedures to address the independence of MIS's ratings and rating processes. Information regarding certain affiliations that may exist between directors of MCO and rated entities, and between entities who hold ratings from MIS and have also publicly reported to the SEC an ownership interest in MCO of more than 5%, is posted annually at www.moodys.com under the heading "Investor Relations — Corporate Governance — Director and Shareholder Affiliation Policy." Additional terms for Australia only: Any publication into Australia of this document is pursuant to the Australian Financial Services License of MOODY'S affiliate, Moody's Investors Service Pty Limited ABN 61 003 399 657AFSL 336969 and/or Moody's Analytics Australia Pty Ltd ABN 94 105 136 972 AFSL 383569 (as applicable). This document is intended to be provided only to "wholesale clients" within the meaning of section 761G of the Corporations Act 2001. By continuing to access this document from within Australia, you represent to MOODY'S that you are, or are accessing the document as a representative of, a "wholesale client" and that neither you nor the entity you represent will directly or indirectly disseminate this document or its contents to "retail clients" within the meaning of section 761G of the Corporations Act 2001. MOODY'S credit rating is an opinion as to the creditworthiness of a debt obligation of the issuer, not on the equity securities of the issuer or any form of security that is available to retail investors. It would be reckless and inappropriate for retail investors to use MOODY'S credit ratings or publications when making an investment decision. If in doubt you should contact your financial or other professional adviser. Additional terms for Japan only: Moody's Japan K.K. ("MJKK") is a wholly-owned credit rating agency subsidiary of Moody's Group Japan G.K., which is wholly-owned by Moody's Overseas Holdings Inc., a wholly-owned subsidiary of MCO. Moody's SF Japan K.K. ("MSFJ") is a wholly-owned credit rating agency subsidiary of MJKK. MSFJ is not a Nationally Recognized Statistical Rating Organization ("NRSRO"). Therefore, credit ratings assigned by MSFJ are Non-NRSRO Credit Ratings. Non-NRSRO Credit Ratings are assigned by an entity that is not a NRSRO and, consequently, the rated obligation will not qualify for certain types of treatment under U.S. laws. MJKK and MSFJ are credit rating agencies registered with the Japan Financial Services Agency and their registration numbers are FSA Commissioner (Ratings) No. 2 and 3 respectively. MJKK or MSFJ (as applicable) hereby disclose that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by MJKK or MSFJ (as applicable) have, prior to assignment of any rating, agreed to pay to MJKK or MSFJ (as applicable) for appraisal and rating services rendered by it fees ranging from JPY200,000 to approximately JPY350,000,000. MJKK and MSFJ also maintain policies and procedures to address Japanese regulatory requirements. REPORT NUMBER 1032354 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2895 File ID: Type: Status: 2016-2895 Ordinance Passed 1Version: Reference: In Control: Finance 07/18/2016File Created: 07/26/2016Final Action: Issuance of GO Refunding Bonds, Series 2016File Name: Title: Consider and take action to adopt an Ordinance authorizing the issuance and sale of City of Coppell, Texas General Obligation Refunding Bonds, Series 2016; levying an annual ad valorem tax and providing for the payment of said bonds; approving an official statement; providing an effective date; and enacting other provisions relating to the subject; and authorizing the Mayor to sign. Notes: Agenda Date: 07/26/2016 Agenda Number: 14. Sponsors: Enactment Date: 07/26/2016 Council Packet Memo.pdf, Ordinance.pdfAttachments: Enactment Number: ORD 2016-1443 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved07/26/2016City Council Action for Agenda Item 14: Presentation: Jennifer Miller, Director of Finance, introduced Boyd London with FirstSouthwest, who made a presentation to the City Council. A motion was made by Mayor Pro Tem Wes Mays, seconded by Councilmember Marvin Franklin, that this Ordinance be approved. The motion passed by an unanimous vote. At this time, Mayor Hunt left the meeting upon filing a Conflict of Interest Affidavit. Action Text: Councilmember Cliff Long, Councilmember Brianna Hinojosa-Flores, Councilmember Wes Mays, Councilmember Marvin Franklin, and Councilmember Mark Hill 5Aye: Text of Legislative File 2016-2895 Title Consider and take action to adopt an Ordinance authorizing the issuance and Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2895) sale of City of Coppell, Texas General Obligation Refunding Bonds, Series 2016; levying an annual ad valorem tax and providing for the payment of said bonds; approving an official statement; providing an effective date; and enacting other provisions relating to the subject; and authorizing the Mayor to sign. Summary See attached memo Fiscal Impact: The impact of the bond refunding will be incorporated in the City’s Debt Service Tax Rate. Staff Recommendation: The Finance Department recommends approval of this Ordinance Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 6/26/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: July 26, 2016 Reference: Consider approval of an ordinance authorizing the refunding of a previous bond issue in order to produce debt service savings 2030: Sustainable City Government Introduction: This item is being presented for approval to refund previously issued Combination Tax and Revenue Certificates of Obligation Bonds, Series 2007 to take advantage of lower interest rates in order to produce debt service savings. Analysis: The actual amount of debt service savings will be calculated and provided at the time the pricing of the refunding bonds occurs on July 26, 2016. The projected debt service savings calculation will be provided by First Southwest, the City’s financial advisor. Legal Review: The related bond refunding documents have been prepared by Leroy Grawunder, the City of Coppell’s bond attorney. Fiscal Impact: The impact of the bond refunding will be incorporated in the City’s Debt Service Tax Rate. Recommendation: The Finance Department recommends approval of this Ordinance. ORDINANCE NO. ______________ AUTHORIZING THE ISSUANCE AND SALE OF CITY OF COPPELL, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016, LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE PAYMENT OF SAID BONDS; APPROVING AN OFFICIAL STATEMENT; PROVIDING AN EFFECTIVE DATE AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT THE STATE OF TEXAS § COUNTIES OF DALLAS AND DENTON § CITY OF COPPELL § WHEREAS, certain previously issued and outstanding obligations of the City of Coppell, Texas (the "Issuer") described in Schedule I attached hereto and incorporated herein (collectively, the "Refunded Obligations") are intended to be and shall be refunded pursuant to this Ordinance; WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding bonds and to deposit the proceeds from the sale thereof, together with any other available funds or resources, directly with a paying agent for the Refunded Obligations or a trust company or commercial bank that does not act as a depository for the Issuer and is named in these proceedings, and such deposit, if made before the payment dates of the Refunded Obligations, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter into an escrow or similar agreement with such paying agent for the Refunded Obligations or trust company or commercial bank with respect to the safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon such terms and conditions as the Issuer and such paying agent or trust company or commercial bank may agree; WHEREAS, U.S. Bank National Association, is a paying agent for the Refunded Obligations, and the Escrow Agreement, wherein U.S. Bank National Association is the Escrow Agent, hereinafter authorized constitutes an escrow agreement of the kind authorized and permitted by said Chapter 1207; WHEREAS, the City Council hereby finds and declares a public purpose and it is in the best interests of the Issuer to refund the Refunded Obligations in order to produce a debt service savings and to restructure the Issuer's outstanding debt service, and that such refunding will result in a present value debt service savings of $____________________ and an actual debt service savings of $____________________ to the Issuer; WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturity within 20 years of the date of the bonds hereinafter authorized; WHEREAS, the Bonds hereinafter authorized to be issued and are to be issued, sold and delivered pursuant to the general laws of the State of Texas, including Texas Government Code, Chapter 1207, as amended; and WHEREAS, it is officially found, determined, and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required by the applicable provisions of Texas Government Code, Chapter 551; Now, Therefore 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BONDS. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. The bonds of the City of Coppell, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $4,425,000 for the purpose of refunding certain outstanding obligations of the Issuer described in the preamble hereto and to pay the costs incurred in connection with the issuance of the Bonds. Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURITIES AND INTEREST RATES OF BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS GENERAL OBLIGATION REFUNDING BOND, SERIES 2016," and initially there shall be issued, sold, and delivered hereunder one fully registered bond, without interest coupons, dated July 15, 2016, in the principal amount stated above and in the denominations hereinafter stated, numbered T-1, with bonds issued in replacement thereof being in the denominations and principal amounts hereinafter stated and numbered consecutively from R-1 upward, payable to the respective Registered Owners thereof (with the initial bond being made payable to the initial purchaser as described in Section 10 hereof), or to the registered assignee or assignees of said bonds or any portion or portions thereof (in each case, the "Registered Owner"), and said bonds shall mature and be payable serially on February 1 in each of the years and in the principal amounts, respectively, and shall bear interest from the dates set forth in the FORM OF BOND set forth in Section 4 of this Ordinance to their respective dates of maturity or redemption prior to maturity at the rates per annum, as set forth in the following schedule: Years Principal Amount Interest Rates 2017 $ 35,000 2018 475,000 2019 465,000 2020 460,000 2021 450,000 2022 440,000 2023 430,000 2024 425,000 2025 420,000 2026 415,000 2027 410,000 Section 3. CHARACTERISTICS OF THE BONDS. (a) Appointment of Paying Agent/Registrar. The Issuer hereby appoints U.S. Bank National Association, Dallas, Texas, to serve as paying agent and registrar for the Bonds (the "Paying Agent/Registrar"). The Mayor or City Manager is authorized and directed to execute and deliver in the name on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying Agent/Registrar in substantially the form presented at this meeting. (b) Registration, Transfer, Conversion and Exchange. The Issuer shall keep or cause to be kept at the corporate trust office of the Paying Agent/Registrar books or records for the registration of the transfer, conversion and exchange of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying 3 Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided within three days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. (c) Authentication. Except as provided in subsection (i) of this section, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for conversion and exchange. No additional ordinances, orders or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution and delivery of the substitute Bonds in the manner prescribed herein. Pursuant to Subchapter D, Chapter 1201, Texas Government Code, the duty of conversion and exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Bond, the converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (d) Payment of Principal and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. (e) Payment to Registered Owner. Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the registered owners, as shown in the 4 Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner, as shown in the Registration Books, shall receive a Bond certificate evidencing the obligation of the Issuer to make payments of principal and interest pursuant to this Ordinance. (f) Paying Agent/Registrar. The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. (g) Substitute Paying Agent/Registrar. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. (g) Book-Entry Only System. The Bonds issued in exchange for the Bonds initially issued to the purchaser or purchasers specified herein shall be initially issued in the form of a separate single fully registered Bond for each of the maturities thereof and the ownership of each such Bond shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC"), and except as provided in subsections (i) and (j) of this Section, all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. (h) Blanket Letter of Representations. The previous execution and delivery of the Blanket Letter of Representations with respect to obligations of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully applicable to the Bonds. Notwithstanding anything to the contrary contained herein, while the Bonds are subject to DTC's Book-Entry Only System and to the extent permitted by law, the Letter of Representations is hereby incorporated herein and its provisions shall prevail over any other provisions of this Ordinance in the event of conflict. (i) Bonds Registered in the Name of Cede & Co. With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership 5 interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a registered owner of Bonds, as shown on the Registration Books, of any notice with respect to the Bonds, or (iii) the payment to any DTC Participant or any other person, other than a registered owner of Bonds, as shown in the Registration Books of any amount with respect to principal of or interest on the Bonds. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the registered owner at the close of business on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. (j) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer shall (i) appoint a successor securities depository, qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names registered owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. (k) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the representation letter of the Issuer to DTC. (l) General Characteristics of the Bonds. The Bonds (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the Registered Owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Bonds shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this Ordinance. The Bonds initially issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the Paying Agent/registrar's Authentication Bond, in the FORM OF BOND set forth in this Ordinance. (m) Cancellation of Initial Bond. On the closing date, one initial Bond representing the entire principal amount of the Bonds, payable in stated installments to the order of the initial purchaser of the Bonds or its designee, executed by manual or facsimile signature of the Mayor and City Secretary, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered to such purchaser or its designee. Upon payment for the initial Bond, the Paying Agent/Registrar shall insert the Issuance Date on Bond No. T-1, cancel each of the initial Bonds and deliver to The Depository Trust Company ("DTC") on behalf of such purchaser one registered definitive Bond for each year of maturity of the Bonds, in the aggregate principal amount of all of the Bonds for such maturity, registered in the name of Cede & Co., as nominee of DTC. To the extent that the Paying Agent/Registrar is eligible to participate in DTC's FAST System, pursuant to an agreement between the 6 Paying Agent/Registrar and DTC, the Paying Agent/Registrar shall hold the definitive Bonds in safekeeping for DTC. Section 4. FORM OF BONDS. The form of the Bonds, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance. (a) Form of Bond. NO. R-UNITED STATES OF AMERICA STATE OF TEXAS PRINCIPAL AMOUNT $_________ CITY OF COPPELL, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 2016 Interest Rate Delivery Date Maturity Date CUSIP No. ___________, 2016 February 1, ____ REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, the City of Coppell, in Dallas and Denton Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on the Maturity Date specified above, the Principal Amount specified above. The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of twelve 30-day months) from the Delivery Date specified above at the Interest Rate per annum specified above. Interest is payable on February 1, 2017 and semiannually on each August 1 and February 1 thereafter to the Maturity Date specified above, or the date of redemption prior to maturity; except, if this Bond is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity, or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of U.S. Bank National Association, Dallas, Texas, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond 7 Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth day of the month preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each owner of a Bond appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. ANY ACCRUED INTEREST due at maturity or upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of a series of Bonds dated July 15, 2016, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $4,425,000 for the public purposes of refunding certain outstanding obligations of the Issuer and to pay the costs incurred in connection with the issuance of the Bonds. ON FEBRUARY 1, 2026, or on any date thereafter, the Bonds of this series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at a redemption price equal to the principal amount to be redeemed plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure of the registered owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the 8 proceedings for the redemption of any Bond. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof that are to be so redeemed. If such written notice of redemption is sent and if due provision for such payment is made, all as provided above, the Bonds or portions thereof that are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. WITH RESPECT TO ANY OPTIONAL REDEMPTION OF THE BONDS, unless certain prerequisites to such redemption required by this Ordinance have been met and moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice shall state that said redemption may, at the option of the Issuer, be conditional upon the satisfaction of such prerequisites and receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon any prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption and sufficient moneys are not received, such notice shall be of no force and effect, the Issuer shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the registered owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Bond or portion thereof will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. 9 IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and been done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed by law. THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided therein, and under some (but not all) circumstances amendments thereto must be approved by the registered owners of a majority in aggregate principal amount of the outstanding Bonds. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer (or in the Mayor's absence, by the Mayor Pro-Tem) and countersigned with the manual or facsimile signature of the City Secretary of said Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. (signature)(signature) City Secretary Mayor (SEAL) (b) Form of Paying Agent/Registrar's Authentication Certificate. PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Bond is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in the text of this Bond; and that this Bond has been issued in conversion or replacement of, or in exchange for, a Bond, Bonds, or a portion of a Bond or Bonds of a series that originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. 10 Dated: . U.S. BANK NATIONAL ASSOCIATION Dallas, Texas Paying Agent/Registrar By: Authorized Representative (c) Form of Assignment. ASSIGNMENT (Please type or print clearly) For value received, the undersigned hereby sells, assigns and transfers unto: Transferee's Social Security or Taxpayer Identification Number: Transferee's name and address, including zip code: the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: . Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a securities transfer association recognized signature guarantee program. NOTICE: The signature above must correspond with the name of the registered owner as it appears upon the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. (d) Form of Registration Certificate of the Comptroller of Public Accounts. COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this . Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) 11 (e) Initial Bond Insertions. (i) The initial Bond shall be in the form set forth is paragraph (a) of this Section, except that: A. immediately under the name of the Bond, the headings "Interest Rate" and "Maturity Date" shall both be completed with the words "As shown below" and "CUSIP No. _____" shall be deleted. B. the first paragraph shall be deleted and the following will be inserted: "THE CITY OF COPPELL, TEXAS, in Dallas and Denton Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on February 1 in each of the years, in the principal installments and bearing interest at the per annum rates set forth in the following schedule: Years Principal Installments Interest Rates (Information from Section 2 to be inserted) The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360- day year of twelve 30-day months) from the Delivery Date specified above at the respective Interest Rate per annum specified above. Interest is payable on February 1, 2017, and semiannually on each August 1 and February 1 thereafter to the date of payment of the principal installment specified above, or the date of redemption prior to maturity; except, that if this Bond is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in full." C. The Initial Bond shall be numbered "T-1." Section 5. INTEREST AND SINKING FUND. (a) A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer as a separate fund or account for the payment of the Bonds. . Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the interest on and principal of said Bonds. All amounts received from the sale of the Bonds as accrued interest shall be deposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied and collected for and on account of said Bonds shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Bonds are outstanding and unpaid, the governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required to pay the interest on said Bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said Bonds as such principal matures (but never less than 2% of the original amount of said Bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being made for tax 12 delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year while any of said Bonds are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. If lawfully available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that otherwise would have been required to be levied pursuant to this Section may be reduced to the extent and by the amount of the lawfully available funds then on deposit in the Interest and Sinking Fund. (b) Article 1208, Government Code, applies to the issuance of the Bonds and the pledge of the taxes granted by the Issuer under this Section, and is therefore valid, effective, and perfected. Should Texas law be amended at any time while the Bonds are outstanding and unpaid, the result of such amendment being that the pledge of the taxes granted by the Issuer under this Section is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the registered owners of the Bonds a security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge to occur. Section 6. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Bonds may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in Subsection (a)(i) or (ii) of this Section. All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Bonds, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. 13 (c) The term "Defeasance Securities" means any securities and obligations now or hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations such as the Bonds. (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. (e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds by such random method as it deems fair and appropriate. Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new Bond of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Bond, the registered owner applying for a replacement Bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred that is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement Bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement Bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authority for Issuing Replacement Bonds. In accordance with Sec. 1206.022, Government Code, this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement Bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such Bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with 14 the effect, as provided in Section 3(a) of this Ordinance for Bonds issued in conversion and exchange for other Bonds. Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED; ENGAGEMENT OF BOND COUNSEL. (a) The Mayor of the Issuer is hereby authorized to have control of the Bonds initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Bonds issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. In addition, if bond insurance is obtained, the Bonds may bear an appropriate legend as provided by the insurer. (b) The obligation of the initial purchaser to accept delivery of the Bonds is subject to the initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the Bonds to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection with issuance, sale and delivery of the Bonds is hereby approved and confirmed. The execution and delivery of an engagement letter between the Issuer and such firm, with respect to such services as bond counsel, is hereby authorized in such form as may be approved by the Mayor or the City Manager, and the Mayor or the City Manager is hereby authorized to execute such engagement letter. Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BONDS. (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action that would adversely affect, the treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (1) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed by the bonds or the Refunded Obligations (the "Project") are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; (2) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; 15 (3) to take any action to assure that no amount that is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action that would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (5) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (6) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of the Bonds, other than investment property acquired with – (A) proceeds of the Bonds invested for a reasonable temporary period until such proceeds are needed for the purpose for which the bonds are issued, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds; (7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (8) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. (b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the Bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. (c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of the Bonds, transferred proceeds (if any) and proceeds of the Refunded Obligations expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated that modify or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income 16 taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that impose additional requirements applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor, the City Manager or the Director of Finance to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. (d) Disposition of Projects. . The Issuer covenants that the property constituting the projects financed or refinanced with the proceeds of the Bonds will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless any action taken in connection with such disposition will not adversely affect the tax-exempt status of the Bonds. For purpose of the foregoing, the Issuer may rely on an opinion of nationally-recognized bond counsel that the action taken in connection with such sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 10. SALE OF BONDS AND APPROVAL OF OFFICIAL STATEMENT; FURTHER PROCEDURES. (a) The Bonds are hereby sold and shall be delivered to _________________________ (the "Purchaser"), for cash for the par value thereof plus a cash premium of $____________________. The Bonds shall initially be registered in the name of such Purchaser or its designee. It is officially found, determined, and declared that the Bonds have been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement prepared and distributed in connection with the sale of the Bonds. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the governing body of the Issuer, and their use in the offer and sale of the Bonds is hereby approved. The Initial Bond shall be registered in the name of ____________________ or its designee. (b) The Issuer hereby approves the form and content of the Official Statement relating to the Bonds and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Bonds by the Underwriters in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The distribution and use of the Preliminary Official Statement dated July 19, 2016, prior to the date hereof is hereby ratified and confirmed. (c) The Mayor and Mayor Pro Tem, the City Manager, City Secretary and Director of Finance, and each of them, shall be and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the Issuer such documents, certificates and other instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Bonds, the sale of the Bonds and the Official Statement. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. 17 Section 11. DEFAULT AND REMEDIES (a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default: (i) the failure to make payment of the principal of or interest on any of the Bonds when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement or obligation of the City, the failure to perform which materially, adversely affects the rights of the registered owners of the Bonds, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any Registered Owner to the City. (b) Remedies for Default. (i) Upon the happening of any Event of Default, then and in every case, any Registered Owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the City for the purpose of protecting and enforcing the rights of the Registered Owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners hereunder or any combination of such remedies. (ii) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all Registered Owners of Bonds then outstanding. (c) Remedies Not Exclusive. (i) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Bonds or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available as a remedy under this Ordinance. (ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. (iii) By accepting the delivery of a Bond authorized under this Ordinance, such Registered Owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or trustees of the City or the City Council. Section 12. COMPLIANCE WITH RULE 15c2-12. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. 18 "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. (b) Annual Reports. (i) The Issuer shall provide annually to the MSRB, in an electronic format as prescribed by the MSRB, within six months after the end of each fiscal year ending in or after 2016, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 10 of this Ordinance, being the information described in Exhibit A hereto. The City will additionally provide audited financial statements when and if available, and in any event, within 12 months after the end of each fiscal year ending in or after 2016. If the audit of such financial statements is not complete within 12 months after any such fiscal year end, then the City will file unaudited financial statements within such 12 month period and audited financial statements for the applicable fiscal year, when and if the audit report on such statements becomes available. Any financial statements so to be provided shall be prepared in accordance with the accounting principles described in Exhibit B to the Official Statement, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation. (ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document that is available to the public on the MSRB's internet website or filed with the SEC. All documents provided to the MSRB pursuant to this Section shall be accompanied by identifying information as prescribed by the MSRB. (c) Event Notices. (i) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Non-payment related defaults; 2. Modifications to rights of Bondholders; 3. Bond calls; 4. Release, substitution, or sale of property securing repayment of the Bonds; 5. The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms; and 6. Appointment of a successor or additional trustee or the change of name of a trustee. (ii) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the event) of any 19 of the following events with respect to the Bonds, without regard to whether such event is considered material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Unscheduled draws on debt service reserves reflecting financial difficulties; 3. Unscheduled draws on credit enhancements reflecting financial difficulties; 4. Substitution of credit or liquidity providers, or their failure to perform; 5. Adverse tax opinions or the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701–TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; 6. Tender offers; 7. Defeasances; 8. Rating changes; or 9. Bankruptcy, insolvency, receivership or similar event of an obligated person. (iii) The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such subsection. (d) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes Bonds no longer to be outstanding. (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under this Ordinance for purposes of any other provision of this 20 Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) Should the Rule be amended to obligate the Issuer to make filings with or provide notices to entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with respect to the Bonds in accordance with the Rule as amended. The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. Section 13. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this Ordinance subject to the following terms and conditions, to-wit: (a) The Issuer may from time to time, without the consent of any holder, except as otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect the interests of the holders, (iv) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, or (v) make such other provisions in regard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders. (b) Except as provided in paragraph (a) above, the holders of Bonds aggregating in principal amount 51% of the aggregate principal amount of then outstanding Bonds that are the subject of a proposed amendment shall have the right from time to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100% of the holders in aggregate principal amount of the then outstanding Bonds, nothing herein contained shall permit or be construed to permit amendment of the terms and conditions of this Ordinance or in any of the Bonds so as to: (1) Make any change in the maturity of any of the outstanding Bonds; (2) Reduce the rate of interest borne by any of the outstanding Bonds; 21 (3) Reduce the amount of the principal of, or redemption premium, if any, payable on any outstanding Bonds; (4) Modify the terms of payment of principal or of interest or redemption premium on outstanding Bonds or any of them or impose any condition with respect to such payment; or (5) Change the minimum percentage of the principal amount of any series of Bonds necessary for consent to such amendment. (c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall send by U.S. mail to each registered owner of the affected Bonds a copy of the proposed amendment and cause notice of the proposed amendment to be published at least once in a financial publication published in The City of New York, New York or in the State of Texas. Such published notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the office of the Issuer for inspection by all holders of such Bonds. (d) Whenever at any time within one year from the date of publication of such notice the Issuer shall receive an instrument or instruments executed by the holders of at least 51% in aggregate principal amount of all of the Bonds then outstanding that are required for the amendment, which instrument or instruments shall refer to the proposed amendment and that shall specifically consent to and approve such amendment, the Issuer may adopt the amendment in substantially the same form. (e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders of such affected Bonds shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment. (f) Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the publication of the notice provided for in this Section, and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of the publication of said notice by the holder who gave such consent, or by a successor in title, by filing notice with the Issuer, but such revocation shall not be effective if the holders of 51% in aggregate principal amount of the affected Bonds then outstanding, have, prior to the attempted revocation, consented to and approved the amendment. (g) For the purposes of establishing ownership of the Bonds, the Issuer shall rely solely upon the registration of the ownership of such Bonds on the registration books kept by the Paying Agent/Registrar. Section 14. APPROVAL OF ESCROW AGREEMENT AND TRANSFER OF FUNDS. The Mayor or the City Manager of the Issuer is hereby authorized and directed to execute and deliver the Escrow Agreement with U.S. Bank National Association, in substantially the form presented at this meeting. In addition, the Mayor or other officer of the Issuer is authorized to purchase such securities, to execute subscriptions for the purchase of U. S. Treasury Securities, State and Local Government Series, and to authorize such contributions, as may be necessary for the Escrow Fund. Section 15. REDEMPTION OF REFUNDED OBLIGATIONS. (a) The Issuer hereby directs that the Refunded Obligations be called for redemption on the date and as set forth on Schedule I. Each of such Refunded Obligations shall be redeemed at the redemption price of par plus accrued interest. The Mayor of the Issuer is hereby authorized and directed to issue or cause to be 22 issued the Notice of Redemption of the Refunded Obligations to the paying agent/registrar for the Refunded Obligations. (b) In addition, the paying agent/registrar for the Refunded Obligations is hereby directed to provide the appropriate notice of redemption and defeasance as specified by the ordinance authorizing the issuance of the Refunded Obligations and is hereby directed to make appropriate arrangements so that the Refunded Obligations may be redeemed on their redemption date. The Refunded Obligations shall be presented for redemption at the paying agent/registrar therefore, and shall not bear interest after the date fixed for redemption. (c) If the redemption of any of the Refunded Obligations results in the partial refunding of any maturity of the Refunded Obligations, the paying agent/registrar for such Refunded Obligations shall designate which of such Refunded Obligations will be payable from and secured as provided in the ordinances of the Issuer authorizing the issuance of such Refunded Obligations (the "Refunded Obligation Ordinances"). For purposes of such determination and designation, all Refunded Obligations registered in denominations greater than $5,000 shall be considered to be registered in separate $5,000 denominations. The paying agent/registrar shall notify by first-class mail all registered owners of all affected Refunded Obligations of such maturities that: (i) a portion of such bonds have been refunded and are secured until final maturity solely with cash and investments maintained by the Escrow Agent in the Escrow Fund, (ii) the principal amount of all affected bonds of such maturities registered in the name of such registered owner that have been refunded and are payable solely from cash and investments in the Escrow Fund and the remaining principal amount of all affected bonds of such maturities registered in the name of such registered owner, if any, have not been refunded and are payable and secured solely from the sources described in the Refunded Obligation Ordinances, (iii) the registered owner is required to submit his or her Refunded Obligations to the paying agent/registrar, for the purposes of re-registering such registered owner's Refunded Obligations and assigning new CUSIP numbers in order to distinguish the source of payment for the principal and interest on such Refunded Obligations, and (iv) payment of principal of and interest on such Refunded Obligations may, in some circumstances, be delayed until such Refunded Obligations have been re-registered and new CUSIP numbers have been assigned as required by (iii) above. (d) The source of funds for payment of the principal of and interest on the Refunded Obligations on their redemption date shall be from the funds placed in escrow with the Escrow Agent, pursuant to the Escrow Agreement approved in Section 14 of this Ordinance. . Section 16. APPROPRIATION. To pay the debt service coming due on the Bonds, if any, prior to receipt of the taxes levied to pay such debt service, there is hereby appropriated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount sufficient to pay such debt service, and such amount shall be used for no other purpose. Section 17. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect. Section 18. EFFECTIVE DATE. In accordance with the provisions of Texas Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. (Execution Page Follows) Signature Page to Ordinance No. ____________________ DULY PASSED by the City Council of the City of Coppell, Texas this the 26TH day of July, 2016. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY [CITY SEAL] SCHEDULE I SCHEDULE OF REFUNDED OBLIGATIONS Description Maturity Date Principal Amount Outstanding Principal Amount Refunded Combination Tax and Revenue Certificates of Obligation, Series 2007 2/1/2018 $ 450,000 $ 450,000 2/1/2019 450,000 450,000 2/1/2020 450,000 450,000 2/1/2021 450,000 450,000 2/1/2022 450,000 450,000 2/1/2023 450,000 450,000 2/1/2024 450,000 450,000 2/1/2025 450,000 450,000 2/1/2026 450,000 450,000 2/1/2027 450,000 450,000 Total $ 4,500,000 $ 4,500,000 Called for redemption on February 1, 2017, at par plus accrued interest. A-1 EXHIBIT A Annual Financial Information and Operating Data The following information is referred to in Section 12(b) of this Ordinance: The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and included in the Tables or Appendix of the Official Statement referred to) below: -- Tables 1 through 6, inclusive, and 8 through 14, inclusive. -------------------- Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2016-2898 File ID: Type: Status: 2016-2898 Agenda Item Council Committee Reports 1Version: Reference: In Control: City Secretary 07/19/2016File Created: 07/26/2016Final Action: Council Committee ReportsFile Name: Title: A.CFBISD/LISD Liaison - Councilmember Hinojosa-Flores B.CISD Liaison -Mayor Pro Tem Mays and Councilmember Hinojosa-Flores C.Coppell Seniors - Councilmembers Roden and Long Notes: Agenda Date: 07/26/2016 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 07/26/2016City Council A. Councilmember Hinojosa-Flores reported that teachers are back at school preparing their classrooms and announced the first day of school will be August 22nd. B. Mayor Pro Tem Mays mentioned the CISD School Board met Monday night and have put together a bond oversight committee. The New Teacher Appreciation Breakfast will be held August 2nd at 7:30 a.m. C. Councilmember Long said memberships continue to grow at the Senior Center and traffic along the trails continues to increase. The Seniors Luncheon will be held July 27th. Action Text: Text of Legislative File 2016-2898 Title A.CFBISD/LISD Liaison - Councilmember Hinojosa-Flores B.CISD Liaison -Mayor Pro Tem Mays and Councilmember Hinojosa-Flores C.Coppell Seniors - Councilmembers Roden and Long Page 1City of Coppell, Texas Printed on 6/26/2017 Master Continued (2016-2898) 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 6/26/2017