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CP 2017-08-08City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, August 8, 2017 KAREN HUNT NANCY YINGLING Mayor Mayor Pro Tem CLIFF LONG GARY RODEN Place 1 Place 4 BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN Place 2 Place 6 WES MAYS MARK HILL Place 3 Place 7 MIKE LAND 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 A.Section 551.087, Texas Government Code - Economic Development Negotiations. Discussion regarding economic development prospects south of E. Belt Line Road and east of S. Belt Line Road. B.Section 551.072, Texas Government Code - Deliberation regarding Real Property. Page 1 City of Coppell, Texas Printed on 8/4/2017 August 8, 2017City Council Meeting Agenda Discussion regarding property located south of E. Belt Line Road and east of S. Belt Line Road. C.Section 551.071, Texas Government Code - Consultation with Attorney Seek legal advice from the City Attorney regarding Senate Bill 1004, enacted at the regular 85th Legislative Session.” 3.Work Session (Open to the Public) 1st Floor Conference Room A.Presentation by DFW Airport Environmental Affairs staff. B.Discussion regarding installation of network nodes and node support poles in public right-of-way pursuant to Texas Local Government Code Chapter 284. C.Discussion regarding the formal “Standards of Cover” analysis for the Coppell Fire Department. D.Discussion of Agenda Items. DFW Airport Memo.pdf Small Cell WS Memo.pdf Small Cell 1004 Full Text.pdf Small Cell 1004 Summary.pdf FD Standards of Cover Memo.pdf Attachments: 4.Regular Session 5.Invocation 7:30 p.m. 6.Pledge of Allegiance 7.Presentations Presentation by DFW Airport Environmental Affairs staff. 8.Citizens’ Appearance 9.Consent Agenda A.Consider approval of the Minutes: July 25, 2017 Minutes - July 25, 2017.pdfAttachments: B.Consider approval of an Ordinance amending the Code of Ordinances, Chapter 1, Article 1-4, Section 1-4-2 entitled “Street Name Changes” by adding paragraph “U” to rename Northwest Drive to Northwestern Drive from its intersection with State Highway 121 to its terminus with Canyon Drive; and authorizing the Mayor to sign any necessary documents. Northwestern Drive Memo.pdfAttachments: Page 2 City of Coppell, Texas Printed on 8/4/2017 August 8, 2017City Council Meeting Agenda Northwestern Drive Exhibit.pdf Northwestern Drive ORD.pdf C.Consider approval to enter into a design contract with Huitt-Zollars, Inc., in the amount of $76,445.00; as budgeted in the general fund; for Final Engineering Design of the Old Town Arches; and authorizing the City Manager to sign all necessary documents. Old Town Arches Memo.pdf Old Town Arches Exhibits.pdf Old Town Arches Proposal.pdf Attachments: D.Consider rejection of all proposals for Request for Proposal No. 0143, Residential and Commercial Water Meter Replacement Project and authorize the rebid for the same. Agenda Item to Reject All Meter Proposals 2017.pdfAttachments: E.Consider authorizing the purchase of Hurst rescue tool/equipment for the Joint Fire Training Facility from sole source provider, Municipal Emergency Services, in an amount not to exceed $100,000, as budgeted, and authorizing the City Manager to sign any necessary documents. Joint Fire Training Equipment Staff Memo.pdf Joint Fire Training Equipment Quote.pdf Joint Fire Training Equipment Sole Source Letter.pdf Attachments: End of Consent Agenda 10.Consider approval to award a contract to Insituform Technologies, LLC to perform sanitary sewer main repair; in the amount of $965,319.00; through a Buy Board Cooperative Purchasing Program; and authorizing the City Manager to sign any necessary documents Sewer Replacement Memo.pdf Sewer Replacement Exhibit.pdf Sewer Replacement Proposal.pdf Insituform Renewal Letter.pdf Insituform CIPP Brochure.pdf Attachments: 11.Consider approval of the certification of the 2017 anticipated tax collection rate for the period July 1, 2017 through June 30, 2018. Memo Collection Rate 2017.pdfAttachments: 12.Consider approval of a proposed tax rate of $.579500 for the 2017 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council meeting on August 22, 2017 at 7:30 p.m. and a Special called meeting on August 29, 2017 at 6:00 p.m. Memo Proposed Rate 2017.pdfAttachments: Page 3 City of Coppell, Texas Printed on 8/4/2017 August 8, 2017City Council Meeting Agenda City of Coppell 2017 Notice of Proposed Tax Rate.pdf 13.City Manager Reports - Project Updates and Future Agendas 14.Mayor and Council Reports Report by Mayor Hunt regarding upcoming events. 15.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 16.Take necessary action as a result of 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 ______th day of _________, 20__, at _____________. ______________________________ Jean Dwinnell, Deputy 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 8/4/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3504 File ID: Type: Status: 2017-3504 Agenda Item Executive Session 1Version: Reference: In Control: City Council 08/04/2017File Created: Final Action: Executive Session - Econ DevFile Name: Title: Discussion regarding economic development prospects south of E. Belt Line Road and east of S. Belt Line Road. Notes: Agenda Date: 08/08/2017 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 08/08/2017City Council Text of Legislative File 2017-3504 Title Discussion regarding economic development prospects south of E. Belt Line Road and east of S. Belt Line Road. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3504) Staff Recommendation: [Enter Staff Recommendation Here] Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/4/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3503 File ID: Type: Status: 2017-3503 Agenda Item Executive Session 1Version: Reference: In Control: City Council 08/04/2017File Created: Final Action: Executive Session - 551.072File Name: Title: Discussion regarding property located south of E. Belt Line Road and east of S. Belt Line Road. Notes: Agenda Date: 08/08/2017 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 08/08/2017City Council Text of Legislative File 2017-3503 Title Discussion regarding property located south of E. Belt Line Road and east of S. Belt Line Road. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3503) Staff Recommendation: [Enter Staff Recommendation Here] Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/4/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3495 File ID: Type: Status: 2017-3495 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 07/31/2017File Created: Final Action: Executive SessionFile Name: Title: Seek legal advice from the City Attorney regarding Senate Bill 1004, enacted at the regular 85 th Legislative Session.” Notes: Agenda Date: 08/08/2017 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 08/08/2017City Council Text of Legislative File 2017-3495 Title Seek legal advice from the City Attorney regarding Senate Bill 1004, enacted at the regular 85th Legislative Session.” Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3495) 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 8/4/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3492 File ID: Type: Status: 2017-3492 Agenda Item Work Session 1Version: Reference: In Control: City Secretary 07/31/2017File Created: Final Action: Work SessionFile Name: Title: A.Presentation by DFW Airport Environmental Affairs staff. B.Discussion regarding installation of network nodes and node support poles in public right-of-way pursuant to Texas Local Government Code Chapter 284. C.Discussion regarding the formal “Standards of Cover” analysis for the Coppell Fire Department. D.Discussion of Agenda Items. Notes: Agenda Date: 08/08/2017 Agenda Number: Sponsors: Enactment Date: DFW Airport Memo.pdf, Small Cell WS Memo.pdf, Small Cell 1004 Full Text.pdf, Small Cell 1004 Summary.pdf, FD Standards of Cover Memo.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 08/08/2017City Council Text of Legislative File 2017-3492 Title A.Presentation by DFW Airport Environmental Affairs staff. Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3492) B.Discussion regarding installation of network nodes and node support poles in public right-of-way pursuant to Texas Local Government Code Chapter 284. C.Discussion regarding the formal “Standards of Cover” analysis for the Coppell Fire Department. D.Discussion of Agenda Items. 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 8/4/2017 TH E ·CITY ·OF COPPELL MEMORAND UM To: Mayor and City Council From: Mike Land , City Manager D ate: August 8, 2017 Reference: Update by DFW representatives on air traffic at DFW Airport With all the construction going on at DFW Airport and the flex schedule being used by American Airlines, staff invited representatives of DFW to update the City Council and community on what all is happening at the airport , and its current and potential impact on Coppell. Sandy Lancaster, Environmental Program Manager with DFW Airport will be making the presentation during the Council Work Session making herself and members of her team available for questions . She will also make an abbreviated presentation during the Council meeting later that evening . 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 8, 2017 Reference: Discussion of Network Node and Node Support Pole Regulation pursuant to Chapter 284 of the Texas Local Government Code 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information: • Senate Bill (SB) 1004 adopts a new Chapter 284 of the Local Government Code. • SB 1004 has an effective date of September 1, 2017. • The provisions of Chapter 284 relate to installation of network nodes and node support poles in the public right-of-way. • Local governments may designate historic districts and design districts with criteria for design or concealment. • Chapter 284 provides for restrictions on installation of new poles in residential areas and parks, and discourages nodes in those areas • Cities may require a permit for installation of network nodes and poles. • Permit and use fees are limited or capped. • Staff plans to present a new Right-of-Way Management Ordinance, Design Manual with associated adoption ordinance, and amendments to the fee schedule in response to SB 1004 during the August 22nd City Council Meeting. Introduction: Staff will provide a briefing on the content of SB 1004, which adopts a new Chapter 284 of the Local Government Code. Staff will also provide a briefing on proposed changes to the code of ordinances to address provisions of Chapter 284 and ensure adherence to long-established aesthetic standards for the public right-of-way in Coppell. These changes are planned for presentation and adoption during the August 22nd City Council Meeting. 2 Analysis: Senate Bill (SB) 1004 adopts a new Chapter 284 of the Texas Local Government Code. The provisions relate to installation of network nodes and poles in the public right-of-way (Full text and Summary of SB 1004 are attached). Key elements of Chapter 284 relate to: • size limits for network nodes; • restrictions on exclusive right-of-way use agreements; • rates for permitting and use (nodes and poles); • collocation on service poles; • right-of-way access rights; • construction and maintenance; • location and height of new poles; • restrictions on installation of new poles in parks or along residential streets; • design or concealment of new network nodes or new poles in a historic district or design district that contains decorative poles; • cabinet size; • compliance with undergrounding requirements; • compliance with design manual; • applications, permits and related processes; • access to city-owned and other existing poles; • and interference. A design manual to govern design and concealment associated with network nodes and node support poles is being prepared based upon existing zoning, designated districts, and view corridors. Regulations addressing permitting, fees, and adoption of the design manual are also being drafted. Staff will present proposed changes to the Right-of-Way Management Ordinance, Fee Schedule, a new Design Manual, and an ordinance adopting the Design Manual during the August 22nd City Council Meeting for adoption. Right-of-way permit changes are also being prepared. This schedule is necessary to ensure regulations are in place prior to the September 1, 2017 effective date. Legal Review: Staff is working with the City Attorney to draft the proposed regulations. Fiscal Impact: There is no fiscal impact for this item. Recommendation: Staff will present items during the August 22nd City Council Meeting to address requirements of SB 1004/Chapter 284 of the Local Government Code. S.B.ANo.A1004 AN ACT relating to the deployment of network nodes in public right-of-way; authorizing fees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1.AASubtitle A, Title 9, Local Government Code, is amended by adding Chapter 284 to read as follows: CHAPTER 284. DEPLOYMENT OF NETWORK NODES IN PUBLIC RIGHT-OF-WAY SUBCHAPTER A. GENERAL PROVISIONS Sec.A284.001.AAFINDINGS AND POLICY. (a)AAThe legislature finds that: (1)AAnetwork nodes are instrumental to increasing access to advanced technology and information for the citizens of this state and thereby further an important public policy of having reliable wireless networks and services; (2)AAthis state has delegated to each municipality the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public, subject to state law; (3)AAnetwork nodes often may be deployed most effectively in the public right-of-way; (4)AAnetwork providers ’access to the public right-of-way and the ability to attach network nodes to poles and structures in the public right-of-way allow network providers to densify their networks and provide next-generation services; (5)AAexpeditious processes and reasonable and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 nondiscriminatory terms, conditions, and compensation for use of the public right-of-way for network node deployments are essential to state-of-the-art wireless services and thereby further an important public policy of having reliable wireless networks and services; (6)AAnetwork nodes help ensure that this state remains competitive in the global economy; (7)AAthe timely permitting of network nodes in the public right-of-way is a matter of statewide concern and interest; (8)AArequirements of this chapter regarding fees, charges, rates, and public right-of-way management, when considered with fees charged to other public right-of-way users under this code, are fair and reasonable and in compliance with 47 U.S.C. Section 253; (9)AAto the extent this state has delegated its fiduciary responsibility to municipalities as managers of a valuable public asset, the public right-of-way, this state is acting in its role as a landowner in balancing the needs of the public and the needs of the network providers by allowing access to the public right-of-way to place network nodes in the public right-of-way strictly within the terms of this chapter; and (10)AAas to each municipality, including home-rule municipalities, this state has determined that it is reasonable and necessary to allow access to the public right-of-way for the purposes of deploying network nodes to protect and safeguard the health, safety, and welfare of the public as provided by this chapter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 2 (b)AAIn order to safeguard the health, safety, and welfare of the public, it is the policy of this state to promote the adoption of and encourage competition in the provision of wireless services by reducing the barriers to entry for providers of services so that the number and types of services offered by providers continue to increase through competition. (c)AAIt is the policy of this state, subject to state law and strictly within the requirements and limitations prescribed by this chapter, that municipalities: (1)AAretain the authority to manage the public right-of-way to ensure the health, safety, and welfare of the public; and (2)AAreceive from network providers fair and reasonable compensation for use of the public right-of-way and for collocation on poles. Sec.A284.002.AADEFINITIONS. In this chapter: (1)AA"Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2)AA"Applicable codes" means: (A)AAuniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (B)AAlocal amendments to those codes to the extent not inconsistent with this chapter. (3)AA"Collocate" and "collocation" mean the installation, mounting, maintenance, modification, operation, or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 3 replacement of network nodes in a public right-of-way on or adjacent to a pole. (4)AA"Decorative pole" means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. (5)AA"Design district" means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. (6)AA"Historic district" means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. (7)AA"Law" means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance. (8)AA"Macro tower" means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Section 284.103 and that supports or is capable of supporting antennas. (9)AA"Micro network node" means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. (10)AA"Municipally owned utility pole" means a utility pole owned or operated by a municipally owned utility, as defined by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 4 Section 11.003, Utilities Code, and located in a public right-of-way. (11)AA"Municipal park" means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity. (12)AA"Network node" means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A)AAincludes: (i)AAequipment associated with wireless communications; (ii)AAa radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (iii)AAcoaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B)AAdoes not include: (i)AAan electric generator; (ii)AAa pole; or (iii)AAa macro tower. (13)AA"Network provider" means: (A)AAa wireless service provider; or (B)AAa person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (i)AAnetwork nodes; or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 5 (ii)AAnode support poles or any other structure that supports or is capable of supporting a network node. (14)AA"Node support pole" means a pole installed by a network provider for the primary purpose of supporting a network node. (15)AA"Permit" means a written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. (16)AA"Pole" means a service pole, municipally owned utility pole, node support pole, or utility pole. (17)AA"Private easement" means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. (18)AA"Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include: (A)AAa private easement; or (B)AAthe airwaves above a public right-of-way with regard to wireless telecommunications. (19)AA"Public right-of-way management ordinance" means an ordinance that complies with Subchapter C. (20)AA"Public right-of-way rate" means an annual rental charge paid by a network provider to a municipality related to the construction, maintenance, or operation of network nodes within a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 6 public right-of-way in the municipality. (21)AA"Service pole" means a pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including: (A)AAa pole that supports traffic control functions; (B)AAa structure for signage; (C)AAa pole that supports lighting, other than a decorative pole; and (D)AAa pole or similar structure owned or operated by a municipality and supporting only network nodes. (22)AA"Transport facility" means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. (23)AA"Utility pole" means a pole that provides: (A)AAelectric distribution with a voltage rating of not more than 34.5 kilovolts; or (B)AAservices of a telecommunications provider, as defined by Section 51.002, Utilities Code. (24)AA"Wireless service" means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. (25)AA"Wireless service provider" means a person that provides wireless service to the public. Sec.A284.003.AALIMITATION ON SIZE OF NETWORK NODES. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 7 (a)AAExcept as provided by Section 284.109, a network node to which this chapter applies must conform to the following conditions: (1)AAeach antenna that does not have exposed elements and is attached to an existing structure or pole: (A)AAmust be located inside an enclosure of not more than six cubic feet in volume; (B)AAmay not exceed a height of three feet above the existing structure or pole; and (C)AAmay not protrude from the outer circumference of the existing structure or pole by more than two feet; (2)AAif an antenna has exposed elements and is attached to an existing structure or pole, the antenna and all of the antenna ’s exposed elements: (A)AAmust fit within an imaginary enclosure of not more than six cubic feet; (B)AAmay not exceed a height of three feet above the existing structure or pole; and (C)AAmay not protrude from the outer circumference of the existing structure or pole by more than two feet; (3)AAthe cumulative size of other wireless equipment associated with the network node attached to an existing structure or pole may not: (A)AAbe more than 28 cubic feet in volume; or (B)AAprotrude from the outer circumference of the existing structure or pole by more than two feet; (4)AAground-based enclosures, separate from the pole, may not be higher than three feet six inches from grade, wider than 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 8 three feet six inches, or deeper than three feet six inches; and (5)AApole-mounted enclosures may not be taller than five feet. (b)AAThe following types of associated ancillary equipment are not included in the calculation of equipment volume under Subsection (a): (1)AAelectric meters; (2)AAconcealment elements; (3)AAtelecommunications demarcation boxes; (4)AAgrounding equipment; (5)AApower transfer switches; (6)AAcut-off switches; and (7)AAvertical cable runs for the connection of power and other services. (c)AAEquipment attached to node support poles may not protrude from the outer edge of the node support pole by more than two feet. (d)AAEquipment attached to a utility pole must be installed in accordance with the National Electrical Safety Code, subject to applicable codes, and the utility pole owner ’s construction standards. SUBCHAPTER B. USE OF PUBLIC RIGHT-OF-WAY Sec.A284.051.AAAPPLICABILITY OF SUBCHAPTER. This subchapter applies only to activities related to transport facilities for network nodes, activities of a network provider collocating network nodes in the public right-of-way or installing, constructing, operating, modifying, replacing, and maintaining node support 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 9 poles in a public right-of-way, and municipal authority in relation to those activities. Sec.A284.052.AAEXCLUSIVE USE PROHIBITED. A municipality may not enter into an exclusive arrangement with any person for use of the public right-of-way for the construction, operation, marketing, or maintenance of network nodes or node support poles. Sec.A284.053.AAANNUAL PUBLIC RIGHT-OF-WAY RATE. (a)AAA public right-of-way rate for use of the public right-of-way may not exceed an annual amount equal to $250 multiplied by the number of network nodes installed in the public right-of-way in the municipality ’s corporate boundaries. (b)AAAt the municipality ’s discretion, the municipality may charge a network provider a lower rate or fee if the lower rate or fee is: (1)AAnondiscriminatory; (2)AArelated to the use of the public right-of-way; and (3)AAnot a prohibited gift of public property. Sec.A284.054.AAPUBLIC RIGHT-OF-WAY RATE ADJUSTMENT. (a)AAIn this section, "consumer price index" means the annual revised Consumer Price Index for All Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics. (b)AAA municipality may adjust the amount of the public right-of-way rate not more often than annually by an amount equal to one-half the annual change, if any, in the consumer price index. The municipality shall provide written notice to each network provider of the new rate, and the rate shall apply to the first payment due to the municipality on or after the 60th day following 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 10 that notice. Sec.A284.055.AAUSE OF PUBLIC RIGHT-OF-WAY AND APPLICABLE RATE. (a)AAA network provider that wants to connect a network node to the network using the public right-of-way may: (1)AAinstall its own transport facilities subject to Subsection (b); or (2)AAobtain transport service from a person that is paying municipal fees to occupy the public right-of-way that are the equivalent of not less than $28 per node per month. (b)AAA network provider may not install its own transport facilities unless the provider: (1)AAhas a permit to use the public right-of-way; and (2)AApays to the municipality a monthly public right-of-way rate for transport facilities in an amount equal to $28 multiplied by the number of the network provider ’s network nodes located in the public right-of-way for which the installed transport facilities provide backhaul unless or until the time the network provider ’s payment of municipal fees to the municipality exceeds its monthly aggregate per-node compensation to the municipality. (c)AAA public right-of-way rate required by Subsection (b) is in addition to any public right-of-way rate required by Section 284.053. Sec.A284.056.AACOLLOCATION OF NETWORK NODES ON SERVICE POLES. A municipality, subject to an agreement with the municipality that does not conflict with this chapter, shall allow collocation of network nodes on service poles on nondiscriminatory 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 11 terms and conditions and at a rate not greater than $20 per year per service pole. Sec.A284.057.AAPROHIBITION ON OTHER COMPENSATION. A municipality may not require a network provider to pay any compensation other than the compensation authorized by this chapter for the right to use a public right-of-way for network nodes, node support poles, or transport facilities for network nodes. SUBCHAPTER C. ACCESS AND APPROVALS Sec.A284.101.AARIGHT OF ACCESS TO PUBLIC RIGHT-OF-WAY. (a)AAExcept as specifically provided by this chapter, and subject to the requirements of this chapter and the approval of a permit application, if required, a network provider is authorized, as a permitted use, without need for a special use permit or similar zoning review and not subject to further land use approval, to do the following in the public right-of-way: (1)AAconstruct, modify, maintain, operate, relocate, and remove a network node or node support pole; (2)AAmodify or replace a utility pole or node support pole; and (3)AAcollocate on a pole, subject to an agreement with the municipality that does not conflict with this chapter. (b)AAA network provider taking an action authorized by Subsection (a) is subject to applicable codes, including applicable public right-of-way management ordinances. Sec.A284.102.AAGENERAL CONSTRUCTION AND MAINTENANCE REQUIREMENTS. A network provider shall construct and maintain network nodes and node support poles described by Section 284.101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 12 in a manner that does not: (1)AAobstruct, impede, or hinder the usual travel or public safety on a public right-of-way; (2)AAobstruct the legal use of a public right-of-way by other utility providers; (3)AAviolate nondiscriminatory applicable codes; (4)AAviolate or conflict with the municipality ’s publicly disclosed public right-of-way design specifications; or (5)AAviolate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.). Sec.A284.103.AAGENERAL LIMITATION ON PLACEMENT OF POLES. A network provider shall ensure that each new, modified, or replacement utility pole or node support pole installed in a public right-of-way in relation to which the network provider received approval of a permit application does not exceed the lesser of: (1)AA10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or (2)AA55 feet above ground level. Sec.A284.104.AAINSTALLATION IN MUNICIPAL PARKS AND RESIDENTIAL AREAS. (a)AAA network provider may not install a new node support pole in a public right-of-way without the municipality ’s discretionary, nondiscriminatory, and written consent if the public right-of-way is in a municipal park or is adjacent to a street or thoroughfare that is: (1)AAnot more than 50 feet wide; and (2)AAadjacent to single-family residential lots or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 13 other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. (b)AAIn addition to the requirement prescribed by Subsection (a), a network provider installing a network node or node support pole in a public right-of-way described by Subsection (a) shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. Sec.A284.105.AAINSTALLATION IN HISTORIC OR DESIGN DISTRICTS. (a)AAA network provider must obtain advance approval from a municipality before collocating new network nodes or installing new node support poles in an area of the municipality zoned or otherwise designated as a historic district or as a design district if the district has decorative poles. As a condition for approval of new network nodes or new node support poles in a historic district or a design district with decorative poles, a municipality may require reasonable design or concealment measures for the new network nodes or new node support poles. A municipality may request that a network provider comply with the design and aesthetic standards of the historic or design district and explore the feasibility of using certain camouflage measures to improve the aesthetics of the new network nodes, new node support poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in a historic district or on a design district ’s decorative poles. (b)AAThis section may not be construed to limit a municipality ’s authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 14 authority under 47 U.S.C. Section 332(c)(7), the requirements for facility modifications under 47 U.S.C. Section 1455(a), or the National Historic Preservation Act of 1966 (54 U.S.C. Section 300101 et seq.), and the regulations adopted to implement those laws. Sec.A284.106.AAEQUIPMENT CABINETS. A network provider shall ensure that the vertical height of an equipment cabinet installed as part of a network node does not exceed the height limitation prescribed by Section 284.003, subject to approval of the pole ’s owner if applicable. Sec.A284.107.AACOMPLIANCE WITH UNDERGROUNDING REQUIREMENT. (a)AAA network provider shall, in relation to installation for which the municipality approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. (b)AAA requirement or restriction described by Subsection (a) may not be interpreted to prohibit a network provider from replacing an existing structure. Sec.A284.108.AADESIGN MANUAL. (a)AAA municipality may adopt a design manual for the installation and construction of network nodes and new node support poles in the public right-of-way that includes additional installation and construction details that do not conflict with this chapter. The design manual may include: (1)AAa requirement that an industry standard pole load 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 15 analysis be completed and submitted to the municipality indicating that the service pole to which the network node is to be attached will safely support the load; and (2)AAa requirement that network node equipment placed on new and existing poles be placed more than eight feet above ground level. (b)AAA network provider shall comply with a design manual, if any, in place on the date a permit application is filed in relation to work for which the municipality approved the permit application. A municipality ’s obligations under Section 284.154 may not be tolled or extended pending the adoption or modification of a design manual. Sec.A284.109.AAEXCEPTIONS. Subject to Subchapter D, a network provider may construct, modify, or maintain in a public right-of-way a network node or node support pole that exceeds the height or distance limitations prescribed by this chapter only if the municipality approves the construction, modification, or maintenance subject to all applicable zoning or land use regulations and applicable codes. Sec.A284.110.AADISCRIMINATION PROHIBITED. A municipality, in the exercise of the municipality ’s administrative and regulatory authority related to the management of and access to the public right-of-way, must be competitively neutral with regard to other users of the public right-of-way. SUBCHAPTER D. APPLICATIONS AND PERMITS Sec.A284.151.AAPROHIBITION OF CERTAIN MUNICIPAL ACTIONS. (a)AAExcept as otherwise provided by this chapter, a municipality 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 16 may not prohibit, regulate, or charge for the installation or collocation of network nodes in a public right-of-way. (b)AAA municipality may not directly or indirectly require, as a condition for issuing a permit required under this chapter, that the applicant perform services unrelated to the installation or collocation for which the permit is sought, including in-kind contributions such as reserving fiber, conduit, or pole space for the municipality. (c)AAA municipality may not institute a moratorium, in whole or in part, express or de facto, on: (1)AAfiling, receiving, or processing applications; or (2)AAissuing permits or other approvals, if any, for the installation of network nodes or node support poles. Sec.A284.152.AAAUTHORITY TO REQUIRE PERMIT. (a)AAExcept as otherwise provided by this chapter, a municipality may require a network provider to obtain one or more permits to install a network node, node support pole, or transport facility in a public right-of-way if the permit: (1)AAis of general applicability to users of the public right-of-way; (2)AAdoes not apply exclusively to network nodes; and (3)AAis processed on nondiscriminatory terms and conditions regardless of the type of entity submitting the application for the permit. (b)AAA network provider that wants to install or collocate multiple network nodes inside the territorial jurisdiction of a single municipality is entitled to file a consolidated permit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 17 application with the municipality for not more than 30 network nodes and receive permits for the installation or collocation of those network nodes. Sec.A284.153.AAGENERAL PROCESS RELATING TO PERMIT APPLICATION. (a)AAExcept as otherwise provided by this section, a municipality may not require an applicant to provide more information to obtain the permit than a telecommunications utility that is not a network provider is required to provide unless the information directly relates to the requirements of this chapter. (b)AAAs part of the standard form for a permit application, a municipality may require the applicant to include applicable construction and engineering drawings and information to confirm that the applicant will comply with the municipality ’s publicly disclosed public right-of-way design specifications and applicable codes. (c)AAA municipality may require an applicant to provide: (1)AAinformation reasonably related to the provider ’s use of the public right-of-way under this chapter to ensure compliance with this chapter; (2)AAa certificate that the network node complies with applicable regulations of the Federal Communications Commission; and (3)AAcertification that the proposed network node will be placed into active commercial service by or for a network provider not later than the 60th day after the date the construction and final testing of the network node is completed. Sec.A284.154.AAMUNICIPAL REVIEW PROCESS. (a)AAA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 18 municipality shall process each permit application on a nondiscriminatory basis. (b)AANot later than the 30th day after the date the municipality receives an application for a permit for a network node or node support pole, or the 10th day after the date the municipality receives an application for a permit for a transport facility, the municipality shall determine whether the application is complete and notify the applicant of that determination. If the municipality determines that the application is not complete, the municipality shall specifically identify the missing information. (c)AAA municipality shall approve an application that does not require zoning or land use approval under this chapter unless the application or the corresponding work to be performed under the permit does not comply with the municipality ’s applicable codes or other municipal rules, regulations, or other law that is consistent with this chapter. (d)AAA municipality must approve or deny an application for a node support pole not later than the 150th day after the date the municipality receives the complete application. A municipality must approve or deny an application for a network node not later than the 60th day after the date the municipality receives the complete application. A municipality must approve or deny an application for a transport facility not later than the 21st day after the date the municipality receives a complete application. An application for a permit for a node support pole, network node, or transport facility shall be deemed approved if the application is not approved or denied on or before the applicable date for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 19 approval or denial prescribed by this subsection. (e)AAA municipality that denies a complete application must document the basis for the denial, including the specific applicable code provisions or other municipal rules, regulations, or other law on which the denial was based. The municipality shall send the documentation by electronic mail to the applicant on or before the date the municipality denies the application. (f)AANot later than the 30th day after the date the municipality denies the application, the applicant may cure the deficiencies identified in the denial documentation and resubmit the application without paying an additional application fee, other than a fee for actual costs incurred by the municipality. Notwithstanding Subsection (d), the municipality shall approve or deny the revised completed application after a denial not later than the 90th day after the date the municipality receives the completed revised application. The municipality ’s review of the revised application is limited to the deficiencies cited in the denial documentation. Sec.A284.155.AATIME OF INSTALLATION. (a)AAA network provider shall begin the installation for which a permit is granted not later than six months after final approval and shall diligently pursue the installation to completion. (b)AANotwithstanding Subsection (a), the municipality may place a longer time limit on completion or grant reasonable extensions of time as requested by the network provider. Sec.A284.156.AAAPPLICATION FEES. (a)AAA municipality may charge an application fee for a permit only if the municipality 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 20 requires the payment of the fee for similar types of commercial development inside the municipality ’s territorial jurisdiction other than a type for which application or permit fees are not allowed by law. (b)AAThe amount of an application fee charged by a municipality may not exceed the lesser of: (1)AAthe actual, direct, and reasonable costs the municipality determines are incurred in granting or processing an application that are reasonably related in time to the time the costs of granting or processing an application are incurred; or (2)AA$500 per application covering up to five network nodes, $250 for each additional network node per application, and $1,000 per application for each pole. (c)AAIn determining for purposes of Subsection (b)(1) the amount of the actual, direct, and reasonable costs, the municipality may not: (1)AAinclude costs incurred by the municipality in relation to third-party legal or engineering review of an application; or (2)AAdirect payments or reimbursement of third-party public right-of-way rates or fees charged on a contingency basis or under a result-based arrangement. Sec.A284.157.AA CERTAIN WORK EXEMPTED. (a)AANotwithstanding any other provision of this chapter, a municipality may not require a network provider to submit an application, obtain a permit, or pay a rate for: (1)AAroutine maintenance that does not require 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 21 excavation or closing of sidewalks or vehicular lanes in a public right-of-way; (2)AAreplacing or upgrading a network node or pole with a node or pole that is substantially similar in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or (3)AAthe installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in compliance with the National Electrical Safety Code. (b)AAFor purposes of Subsection (a)(2): (1)AAa network node or pole is considered to be "substantially similar" if: (A)AAthe new or upgraded network node, including the antenna or other equipment element, will not be more than 10 percent larger than the existing node, provided that the increase may not result in the node exceeding the size limitations provided by Section 284.003; and (B)AAthe new or upgraded pole will not be more than 10 percent higher than the existing pole, provided that the increase may not result in the pole exceeding the applicable height limitations prescribed by Section 284.103; (2)AAthe replacement or upgrade does not include replacement of an existing node support pole; and (3)AAthe replacement or upgrade does not defeat existing concealment elements of a node support pole. (c)AAThe determination under Subsection (b)(1) of whether a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 22 replacement or upgrade is substantially similar is made by measuring from the dimensions of the network node or node support pole as approved by the municipality. (d)AANotwithstanding Subsection (a): (1)AAa municipality may require advance notice of work described by that subsection; (2)AAa network provider may replace or upgrade a pole only with the approval of the pole ’s owner; and (3)AAthe size limitations may not in any event exceed the parameters prescribed by Section 284.003 without the municipality ’s approval in accordance with Section 284.109, with the municipality acting on behalf of this state as the fiduciary trustee of public property. SUBCHAPTER E. ACCESS TO MUNICIPALLY OWNED UTILITY POLES Sec.A284.201.AAUSE OF MUNICIPALLY OWNED UTILITY POLES. (a)AAThe governing body of a municipally owned utility shall allow collocation of network nodes on municipally owned utility poles on nondiscriminatory terms and conditions and pursuant to a negotiated pole attachment agreement, including any applicable permitting requirements of the municipally owned utility. (b)AAThe annual pole attachment rate for the collocation of a network node supported by or installed on a municipally owned utility pole shall be based on a pole attachment rate consistent with Section 54.204, Utilities Code, applied on a per-foot basis. (c)AAThe requirements of Subchapters B, C, and D applicable to the installation of a network node supported by or installed on a pole do not apply to a network node supported by or installed on a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 23 municipally owned utility pole. SUBCHAPTER F. EFFECT ON OTHER UTILITIES AND PROVIDERS Sec.A284.251.AADEFINITIONS. In this subchapter: (1)AA"Cable service" and "video service" have the meanings assigned by Section 66.002, Utilities Code. (2)AA"Electric cooperative" has the meaning assigned by Section 11.003, Utilities Code. (3)AA"Electric utility" has the meaning assigned by Section 31.002, Utilities Code. (4)AA"Telecommunications provider" has the meaning assigned by Section 51.002, Utilities Code. (5)AA"Telephone cooperative" has the meaning assigned by Section 162.003, Utilities Code. Sec.A284.252.AAEFFECT ON INVESTOR-OWNED ELECTRIC UTILITIES, ELECTRIC COOPERATIVES, TELEPHONE COOPERATIVES, AND TELECOMMUNICATIONS PROVIDERS. Nothing in this chapter shall govern attachment of network nodes on poles and other structures owned or operated by investor-owned electric utilities, electric cooperatives, telephone cooperatives, or telecommunications providers. This chapter does not confer on municipalities any new authority over those utilities, cooperatives, or providers. Sec.A284.253.AAEFFECT ON PROVIDERS OF CABLE SERVICES OR VIDEO SERVICES. (a)AAAn approval for the installation, placement, maintenance, or operation of a network node or transport facility under this chapter may not be construed to confer authorization to provide: (1)AAcable service or video service without complying 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 24 with all terms of Chapter 66, Utilities Code; or (2)AAinformation service as defined by 47 U.S.C. Section 153(24), or telecommunications service as defined by 47 U.S.C. Section 153(53), in the public right-of-way. (b)AAExcept as provided by this chapter, a municipality may not adopt or enforce any regulations or requirements that would require a wireless service provider, or its affiliate, that holds a cable or video franchise under Chapter 66, Utilities Code, to obtain any additional authorization or to pay any fees based on the provider ’s provision of wireless service over its network nodes. SUBCHAPTER G. GENERAL CONDITIONS OF ACCESS Sec.A284.301.AALOCAL POLICE-POWER-BASED REGULATIONS. (a)AASubject to this chapter and applicable federal and state law, a municipality may continue to exercise zoning, land use, planning, and permitting authority in the municipality ’s boundaries, including with respect to utility poles. (b)AAA municipality may exercise that authority to impose police-power-based regulations for the management of the public right-of-way that apply to all persons subject to the municipality. (c)AAA municipality may impose police-power-based regulations in the management of the activities of network providers in the public right-of-way only to the extent that the regulations are reasonably necessary to protect the health, safety, and welfare of the public. Sec.A284.302.AAINDEMNIFICATION. The indemnification provisions of Sections 283.057(a) and (b) apply to a network provider accessing a public right-of-way under this chapter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 25 Sec.A284.303.AARELOCATION. Except as provided in existing state and federal law, a network provider shall relocate or adjust network nodes in a public right-of-way in a timely manner and without cost to the municipality managing the public right-of-way. Sec.A284.304.AAINTERFERENCE. (a)AAA network provider shall operate all network nodes in accordance with all applicable laws, including regulations adopted by the Federal Communications Commission. (b)AAA network provider shall ensure that the operation of a network node does not cause any harmful radio frequency interference to a Federal Communications Commission-authorized mobile telecommunications operation of the municipality operating at the time the network node was initially installed or constructed. On written notice, a network provider shall take all steps reasonably necessary to remedy any harmful interference. SECTIONA2.AA(a)AAIn this section, "collocation," "network node," "network provider," and "public right-of-way" have the meanings assigned by Section 284.002, Local Government Code, as added by this Act. (b)AAPublic/private agreements between a municipality and a network provider for the deployment of network nodes in the public right-of-way on fair and reasonable terms as provided by Chapter 284, Local Government Code, as added by this Act, and corresponding ordinances governing that deployment, are necessary to protect the health, safety, and welfare of the public by facilitating robust and dependable wireless networks. Accordingly, those agreements and ordinances shall be conformed as provided by this section. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 26 (c)AASubject to Subsection (d) of this section, the rates, terms, and conditions of agreements and ordinances entered into or enacted before the effective date of this Act shall apply to all network nodes installed and operational before the effective date of this Act. (d)AAFor all network nodes installed and operational on or after the effective date of this Act: (1)AAif a rate, term, or condition of an agreement or ordinance related to the construction, collocation, operation, modification, or maintenance of network nodes does not comply with the requirements of Chapter 284, Local Government Code, as added by this Act, a municipality shall amend the agreement or ordinance to comply with the requirements of Chapter 284, Local Government Code, as added by this Act, and the amended rates, terms, or conditions shall take effect for those network nodes on the six-month anniversary of the effective date of this Act; and (2)AAthe rates, terms, and conditions of each agreement executed, and each ordinance enacted, on or after the effective date of this Act shall comply with the requirements of Chapter 284, Local Government Code, as added by this Act. SECTIONA3.AAThis Act takes effect September 1, 2017. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 S.B.ANo.A1004 27 ______________________________AAAA______________________________ President of the SenateAAAAAAAAAAAAASpeaker of the House I hereby certify that S.B.ANo.A1004 passed the Senate on April 6, 2017, by the following vote: YeasA29, NaysA0, two present not voting; and that the Senate concurred in House amendment on MayA25, 2017, by the following vote: YeasA29, NaysA0, two present not voting. ______________________________ AAAASecretary of the Senate I hereby certify that S.B.ANo.A1004 passed the House, with amendment, on May 18, 2017, by the following vote: YeasA140, NaysA6, two present not voting. ______________________________ AAAAChief Clerk of the House Approved: ______________________________ AAAAAAAAAAAAADate ______________________________ AAAAAAAAAAAGovernor S.B.ANo.A1004 28 500 N. Akard Street 1800 Ross Tower Dallas, Texas 75201 Alexis G. Allen Direct: 214-665-3361 Email: aallen@njdhs.com Web: www.njdhs.com Summary of SB 1004 SB 1004 adopts a new Chapter 284 of the Local Government Code. Similar to Chapter 283, these provisions concern the installation of equipment, specifically wireless network equipment, in public right-of-way, providing a state-wide regulatory scheme and limiting individual cities’ abilities to further regulate this equipment. These provisions are applicable to the installation of “network nodes” (equipment that enables wireless communications between the communications network and the user’s equipment) and related equipment, and applies to both the “wireless service provider”, who provides the service directly to the public, and to “network providers”, which are entities who do not provide service to the end-user, but whom build the equipment on behalf of a wireless service provider. A full outline of the bill is below, but generally, it is important to note that the fees we can charge these users are limited to an application or permit fee, calculated based on the equipment installed (See Sec. 284.156), and an annual fee calculated based on $250 X the number of network nodes installed in the city’s ROW. Cities may require that providers apply for a permit, and require compliance with the city’s right-of-way management ordinance and design manual, but cannot apply zoning regulations to the installation of such equipment, or require a license agreement. If providers desire to place equipment on city service poles (i.e. traffic lights, signage, light poles) the City can require a collocation agreement, a sample of which is provided. In the event the city owns and operates a city-run electric or telephone utility, the City-owned utility may negotiate with the provider on a pole-attachment agreement, subject to the provisions of this chapter. Cities are prohibited from enacting any type of moratorium on these requests, and there are specific time limitations which apply to the processing of applications. (See Sec. 284.154). The bill goes into effect September 1, 2017, and provides that any current agreements or ordinances remain applicable to network nodes which are operational before that date; for all network nodes installed and operational on or after September 1st, any current ordinances or agreements must be amended to comply with the provisions of Chapter 284 no later than March 1, 2018. Steps Forward: There are a number of city-members of Texas Coalition of Cities for Utility Issues (TCCFUI) which are considering legal action to challenge this statute. Unless and until any such challenge is sustained, we recommend the following: Each city should take inventory of what provisions it has currently adopted which are applicable to the public right-of-way, including zoning ordinances. Amendments should be made, as necessary, to ensure this type of equipment is exempted from zoning provisions, and right-of- way ordinances should be amended to reflect the changes enacted in this bill. We will assist cities in amending current right-of-way ordinances, or with drafting comprehensive right-of-way ordinance, for those cities which have not previously adopted such provisions. We also encourage city staff to ascertain whether any of this equipment is presently installed within the city’s ROW, and specifically, if it is operational as of September 1, 2017. If so, then the ordinances/agreements applicable to such equipment will remain applicable until March 1, 2018. City staff should work with the city attorney to finalize the adoption of a design manual, consistent with the provisions of Chapter 284. The City should also develop an application and permitting procedure applicable to this equipment, making sure that the applications are processed within the necessary time limits. In developing the permitting policy/procedure, it is imperative that staff is cognizant of important timing deadlines included in Ch. 284: - Time starts when an application is filed: City must review and approve or deny by strict deadlines. - Determine if application is complete within: o 10 days of an application for placement of a transport facility o 30 days for a network node or node support pole. o If a permit is deemed incomplete, must notify applicant of the incompleteness by the applicable deadline, with the specific missing information. o Applicant has 30 days to resubmit a cured completed application without fee (other than for actual costs incurred by city), and city must approve or deny a revised completed resubmittal within 90 days of receipt. - Time to Act: Once determined complete, the permit is deemed granted by law if city does not approve/deny within: o 21 days - transport facility permit (fiber/coaxial cable connecting nodes). o 60 days - node network permit. o 150 days - node support pole permit. - If a permit is denied: o city must provide applicant an email with the specific reasons for denial, o applicant has 30 days to resubmit cured application without fee (other than for actual costs incurred by city); o city’s review is limited to emailed reasons for denial; and o city must approve or deny completed resubmittal within 90 days of receipt. Documents to Consider: In addition to this summary, I have prepared/provided the following documents to further implementation of these changes: 1. Proposed Right-of-Way Ordinance(s) (TM 87733, “Comprehensive”, and TM 87732, “Amending”): There are two options to consider, (including changes provided by NCTCOG), a comprehensive Right-of-Way ordinance, for those cities which do not have any ROW management provisions currently, and an amending ordinance, which will apply to those cities which do have a current ROW ordinance, but have not amended it to reflect changes to the LGC, including Ch. 283 and Ch. 284. Note that, in addition to adopting such an ordinance/amendment, the City will need to amend its Master Fee Schedule, to reflect the application fee and annual fee, and may need to revise its zoning ordinance. The fees are included in the “amending ordinance”, but this area is highlighted in Section 2 of the Comprehensive Ordinance, as such changes will include additional fees, depending on the preference of the individual cities. In regards to the wireless facilities, the fees should be as follows: “Small cell application fee (This fee shall not exceed and is capped by statutory limits) $500.00 (1-5 network notes); $250.00 (each additional network node); $1,000.00 per pole Small cell user fees (this fee shall not exceed and is capped by statutory limits) $250.00 annually for each network node; $20.00 per year for city pole attachment. Transport Facility monthly user fee (This fee shall not exceed and is capped by statutory limits) $28 multiplied by the number of the network provider’s network nodes located in the public right-of-way for which the installed transport facilities provide backhaul, until the time the network provider’s payment to the City exceeds its monthly aggregate per month compensation to the City” 2. Design Manual (TM 87731): I have provided a copy of the proposed format for a design manual offered by TCCFUI. The form provided complies with the state law as enacted, but is very technical and will need to reflect each city’s preferences. 3. Collocation Agreement (TM 87730): Several cities have already been approached by network providers seeking to install equipment on city poles. As noted in the memo, we cannot require a license agreement for this use, but are authorized to require the vendor to enter into a “collocation agreement”. A sample of such an agreement has also been provided. Outline of Ch. 284 SB 1004 – Adoption of Chapter 284, Local Government Code, “Deployment of Network Nodes in Public Right-of-Way” This provision affects the ability of cities to regulate “network nodes”, which are defined as ‘equipment at a fixed location that enables wireless communications. Sec. 284.003, Limit on Size: - Antennas attached to existing structure or pole w/o exposed elements: o Must be in enclosure not more than 6 cubic feet in volume o May not be more than 3’ higher than existing pole/structure o May not exceed 2’ from the circumference than existing pole/structure - Antennas w/ exposed elements must fit within existing structure/pole, w/ elements - Other wireless equipment attached to existing equipment o No more than 28’ cubic volume o Protrude circumference of existing equipment by more than 2’ - Ground based enclosures: o No higher than 3’6”, no wider than 3’6” - Pole Mounted equipment: o No taller than 5’ Section 284.051, Applicable: - Network provider collocating network nodes in public ROW Section 284.052, Exclusivity: city may not enter into exclusive use agreement for ROW Section 284.053, Rate: - Annual Rate may not exceed $250 x # of network nodes installed by network provider in city’s entire ROW - City may charge lower amount if not give, related to use of ROW, discriminatory Section 284.054, Adjustment: may adjust rate annually by rate not to exceed ½ annual change in CPI, must provide 60 days notice Section 284.055, Use of ROW and Rate: - (a) If wanting to connect a node to network: may install transport facilities, subject to (b), or use some service of others: fees not less than $28/month for occupying ROW - (b) To install own transport facility: o Has permit to use ROW, and o Pays monthly ROW fee ($28 x # of network nodes in ROW for which installed facilities provide service, unless or until time network provider’s payment exceeds its monthly aggregate per node compensation to the city) Section 284.056, Collocation on Service Poles: - Subject to agreement, City must allow on poles, at rate not greater than $20 per year, per service pole Section 284.057, City may not require other fees/permits Section 284.101, Right of Access to ROW: permitted, w/o need for special permit, zoning review, other land use regulations, to: - Construct, maintain, relocate network node to support pole - Modify, replace utility pole or node support - Collocate on pole - But must comply w/ applicable ROW ordinance(s) Section 284.102, Construction & Maintenance Requirements: - Nodes and poles may not: o Obstruct/hinder travel/safety on ROW o Obstruct ROW use by other utility providers o Violate non-discriminatory codes o Conflict with ROW design specifications o Violate Americans with Disabilities Act Section 284.103, Limitation on Placement of Poles: - No more than 10 feet higher than existing pole located w/in 500 linear feet of new pole, OR 55 feet above ground level Section 284.104, Parks & Residential Areas: - Must have city’s consent if in park or adjacent to street that is no more than 50 feet wide and adjacent to single-family residential lots, multifamily properties, or undeveloped land designated for residential use by zoning or deed - Must comply with private deed restrictions Section 284.105, Historic/Design Districts: - Must have approval from city before installing in historic or design district - City may require reasonable design or concealment measures Section 284.106, Equipment Cabinets: may not exceed size limitations in Sec 284.003 Section 284.107, Underground Requirement: installation of underground equipment must comply with underground requirements Section 284.108, Design Manual: - City may adopt manual including additional installation and construction details - Design manual may include: o Requirement that industry standard pole load analysis is completed and submitted, indicating pole with safely support load o Requirement that network node equipment placed on new and existing poles be more than 8’ above ground level Section 284.109, Exceptions: may exceed height/distance requirements with city approval Subchapter D, Applications & Permits Section 284.151, Prohibitions of Municipal Actions: city may not impose other fees, approvals; no moratoriums Section 284.152, Require Permits: - City may require permit, if permit is of general applicability, does not exclusively apply to network nodes, and nondiscriminatory - Provider seeking to locate multiple nodes is entitled to file consolidated permit for not more than 30 nodes Section 284.153, Process relating to application: - May not require more information than a non-service provider telecommunications utility is required to provide, unless the information is directly related to the requirements of this chapter - City may require applicant to include: o construction and engineering drawings and information to confirm that the applicant will comply with city’s publicly disclosed ROW specifications and applicable codes o Information reasonably related to provider’s use of ROW to ensure compliance with this chapter o A certificate that the network node complies with FCC regs, and o A certificate that the proposed network node will be placed into active commercial service by or for a network provider not later than 60th day after the date the construction and final testing of network node is completed Section 284.154, Municipal Review Process: - City must determine and notify applicant if application is complete: o No later than 30 days after the date the city receives the application for permit for network node or node support pole, OR o No later than 10 days after date city receives application for permit for transport facility o If not complete, City must specifically identify what is missing - City must approve application not subject to zoning or land use approval unless application does not comply with city’s ROW ordinance, ROW design manual, or other applicable codes - City must approve or deny application: o For node support pole, within 150 days after city receives complete application o For network node, within 60 days after city receives complete application o For transport facility, within 21 days after city receives complete application o Application not approved within these deadlines is deemed approved on the last respective approval date - If City denies application: o Must document basis for denial, including specific ode provisions or other regs o Must send documentation, by email, to the applicant, on or before denial date o Applicant has 30 days from date of denial to cure deficiencies and resubmit application w/o paying another application fee, other than fee for actual costs incurred by city o City has 90 days to approve/deny revised application; review is limited to deficiencies cited in initial denial application Section 284.155, Time of Installation: - Installation must begin no later than 6 months after final approval; provider must “diligently pursue installation to completion” - City may place longer time limit of completion, or grant reasonable extension of time Section 284.156, Application Fees: - City may charge an application fee for permit only if City requires payment of fee for similar types of commercial development, other than type for which application fees not authorized - Application fee may not exceed the lesser of: o Actual, direct, and reasonable costs the city determines are incurred in granting or processing application that are reasonably related in time to the time the costs of granting or processing an application are incurred; or o $500 per application covering up to 5 network nodes, $250 for each additional network node per application, and $1,000 per application for each pole o In determining “actual, direct and reasonable costs”, city may not include costs incurred in relation to 3rd party legal or engineering review, or direct payment or reimbursement of 3rd party public ROW rates or fees charged on a contingency basis or under a result-based arrangement Section 284.157, Work Exempted: - City cannot require application, permit or fees for: o Routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in ROW o Replacing or upgrading network node or pole with a node or pole that is substantially similar in size or smaller that does not require excavation or closing of sidewalks or vehicular lanes in ROW o Installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in compliance with Nat’l Electrical Safety Code Network node or pole is “substantially similar” if: · New node, equipment will not be more than 10% larger than existing node, provided increase does not exceed Sec. 284.003 size limitations · New pole will not be more than 10% higher, and does exceed 284.103 height limitation Replacement or upgrade doesn’t include replacement of existing pole, and Replacement or upgrade doesn’t defeat existing concealment element of node support pole - City can require: o Advance notice of work o Approval of pole’s owner o Compliance with size limitations Subchapter E: Access to City-Owned Poles Section 284.201, Use of City-Owned Poles: - City must allow collocation of network nodes on city-owned utility poles on nondiscriminatory terms and conditions, pursuant to pole attachment agreement, including applicable permitting requirements of city utility - Annual Pole Attachment rate for collocation of network node on city-owned pole, shall be based on pole attachment rate consistent with Section 54.204 Utilities Code, on per- foot basis Subchapter F: Effect on Other Utilities and Providers Section 284.252, Effect on Investor-Owned Utilities, Cooperatives – not applicable to these utilities Section 284.253, Effect on Providers of Cable Services or Video Services - Approval of network node or transport facility may not confer authorization to provide: o Cable/video service w/o complying with Ch. 66 Utilities Code o Info/Telecommunication Service under 47 USC - City cannot require wireless service provider that holds franchise to obtain additional authorization or pay additional fees based on provision of wireless service over nodes Subchapter G: General Conditions of Access Section 284.301, Local Police-Power Based Regulations - Subject to this Chapter, city may continue to apply zoning, land use, permitting authority - City may exercise authority to impose police-power-based regulations for management of ROW that apply to all persons subject to City - City may impose police-power based regs in management of ROW that apply to everyone - City may impose police-power based regs in management of activities of network provider in ROW only to extent regulations are reasonably necessary to protect the health, safety and welfare of public Section 284.302, Indemnification: Section 283.057 indemnification provisions apply to network provider accessing a ROW Section 284.303, Relocation: Relocating should be done in timely manner without cost to city Section 284.304, Interference: Network provider shall insure no interference Other Provisions: - Rates, terms and conditions of agreements and ordinances entered into or enacted before September 1, 2017 shall apply to all network nodes installed and operational before September 1, 2017 until March 1, 2018 - For all nodes installed and operational on or after September 1, 2017: o If rate, term or condition of agreement or ordinance related to network nodes doesn’t comply with these provisions, city must amend the agreement or ordinance to comply with requirements of this chapter; amended terms, rates, etc shall take effect for those network nodes on or before March 1, 2018 T H E · c I y . 0 F MEMORANDUM To: Mayor and City Council From: Kevin Richardson, Fire Chief Date: August 8, 2017 Reference: Discussion regarding the formal "Standards of Cover" analysis. 2030: Excellent City Services Introduction: The Coppell Fire Department presented the results of the final report from the Insurance Service Office (ISO) during the February 28,2017 City Council Work Session. Although the CFD maintained the "Class 1" status, several response time deficiencies and service gaps were highlighted . On March 7, the CFD presented a more detailed report on the challenges in meeting industry standards for emergency response times. The City Council agreed to obtain a consulting firm to further pursue a comprehensive report that focuses on a wholistic approach and long-term solutions . On July 18,2017, the CFD and Consulting Firm ESCI presented the overall findings ofthe formal Standards of Cover report. Analysis: The CFD will present during the August 8, 201 7 City Council Work Session some follow up information regarding the fmdings in the Standards of Cover report. Legal Review: Agenda item did not require legal review Fiscal Impact: There is no fiscal impact of this work session item . Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3498 File ID: Type: Status: 2017-3498 Presentation Presentations 1Version: Reference: In Control: City Secretary 07/31/2017File Created: Final Action: DFW Airport PresentationFile Name: Title: Presentation by DFW Airport Environmental Affairs staff. Notes: Agenda Date: 08/08/2017 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 08/08/2017City Council Text of Legislative File 2017-3498 Title Presentation by DFW Airport Environmental Affairs staff. Summary Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3498) 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 8/4/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3500 File ID: Type: Status: 2017-3500 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 08/08/2017File Created: Final Action: Approval of Minutes - July 25, 2017File Name: Title: Notes: Agenda Date: Agenda Number: A. Sponsors: Enactment Date: Minutes - July 25, 2017.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 08/08/2017City Council Text of Legislative File 2017-3500 Page 1City of Coppell, Texas Printed on 8/4/2017 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, July 25, 2017 KAREN HUNT NANCY YINGLING Mayor Mayor Pro Tem CLIFF LONG GARY RODEN Place 1 Place 4 BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN Place 2 Place 6 WES MAYS MARK HILL Place 3 Place 7 MIKE LAND City Manager Karen Hunt;Cliff Long;Brianna Hinojosa-Flores;Wes Mays;Gary Roden;Marvin Franklin;Mark Hill and Nancy Yingling Present 8 - Also present were City Manager Mike Land, Deputy City Secretary Jean Dwinnell and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 25, 2017 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Hunt called the meeting to order, determined that a quorum was present and convened into the Executive Session at 5:35 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.087, Texas Government Code - Economic Development Negotiations. Discussion regarding economic development prospects south of Bethel Road and west of S. Coppell Road. Discussed under Executive Session. Work Session (Open to the Public) 1st Floor Conference Room3. Page 1City of Coppell, Texas July 25, 2017City Council Minutes Mayor Hunt adjourned the Executive Session at 6:05 p.m. and convened into the Work Session. A.Business plan presentation by the Coppell Arts Council. B.Discussion regarding Coppell Arts Center final floor plan. C.Update on the status of the Vector Control Program. D.Discussion regarding the Old Town signage and arches. E.Discussion regarding Library Board, Parks and Recreation Board, and City Council joint meeting topics. F.Discussion regarding Boards/Commissions Application Process. G.Discussion regarding Agenda Items. Presented in Work Session. Items E and F were deferred to the City Manager's Report on the Regular Agenda. Regular Session Mayor Hunt adjourned the Work Session at 7:34 p.m. and reconvened into Regular session. Invocation 7:30 p.m.4. Councilmember Wes Mays gave the invocation. Pledge of Allegiance5. Mayor Hunt and the City Council led those present in the Pledge of Allegiance. Citizens’ Appearance6. Mayor Hunt advised that no one had signed up to speak. Consent Agenda7. a.Consider approval of the minutes: July 11, 2017. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Nancy Yingling, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. b.Consider approval of the renewal of the Dallas County Health and Human Services Interlocal Government Agreement for mosquito spraying; effective October 1, 2017, through September 30, 2018; in an amount not to exceed, $60,000.00; pending the adoption of the FY 2017-18 budget; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Nancy Yingling, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. Page 2City of Coppell, Texas July 25, 2017City Council Minutes c.Consider approval of the renewal of the Dallas County Health and Human Services Interlocal Government Agreement, effective October 1, 2017, through September 30, 2018; in the amount of $3,131.00; pending the adoption of the FY 2017-18 budget; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Nancy Yingling, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. d.Consider approval of a contract for the renewal of the Trinity River Authority Agreement, effective October 1, 2017, through September 30, 2018, in the amount of $9,500.00; and authorizing the Mayor to sign any necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Nancy Yingling, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. e.Consider approval of a resolution declaring an emergency related to the repair of a 21” sanitary sewer main; authorizing the City Manager to enter into a contract, with Mountain Cascade, for emergency repairs to the 21” sanitary sewer main on Parkway Blvd along Cottonwood Branch Creek; not to exceed $100,000; and authorizing the Mayor to sign any necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Nancy Yingling, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. Enactment No: RE 2017-0725.1 f.Consider approval of an Interlocal Purchasing Agreement between the City of Coppell and the National Cooperative Purchasing Alliance (NCPA) to allow utilization of the purchasing cooperative’s contracts to satisfy any bid requirements; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Nancy Yingling, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. End of Consent Agenda 8.Consider approval of the 2017 Parks and Recreation Master Plan. A motion was made by Councilmember Wes Mays, seconded by Councilmember Mark Hill, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye:Councilmember Cliff Long;Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin;Councilmember Mark Hill and Mayor Pro Tem Nancy Yingling 7 - 9.Consider approval to enter into an engineering services contract with Page 3City of Coppell, Texas July 25, 2017City Council Minutes Kimley-Horn and Associates, Inc. for the design of Airline Drive (Freeport Parkway to South Belt Line Road) reconstruction project; in the total amount of $430,800.00; as budgeted in Infrastructure Maintenance Funds; and authorizing the City Manager to sign any necessary documents. 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. Aye:Councilmember Cliff Long;Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin;Councilmember Mark Hill and Mayor Pro Tem Nancy Yingling 7 - 10.Consider approval to enter into a contract with Tyler Technologies for the replacement of the City’s current Financial, Human Resources/Payroll, Asset Maintenance, Utility Billing and some System-wide software with the Tyler Munis product for a total amount of $1,049,783 and authorizing the City Manager to sign any necessary documents. A motion was made by Mayor Pro Nancy Tem Yingling, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye:Councilmember Cliff Long;Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin;Councilmember Mark Hill and Mayor Pro Tem Nancy Yingling 7 - 11.Consider approval of a contract with Online Business Systems (OBS) for professional services related to the Enterprise Resource Planning (ERP) Replacement - Implementation project in an amount not to exceed $966,000; and authoring the City Manager to sign any necessary documents. A motion was made by Councilmember Mark Hill, seconded by Councilmember Cliff Long, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye:Councilmember Cliff Long;Brianna Hinojosa-Flores;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin;Councilmember Mark Hill and Mayor Pro Tem Nancy Yingling 7 - City Manager Reports - Project Updates and Future Agendas12. City Manager Mike Land reported that construction on Airline Drive would take place July 31st - August 5th. Work on the roadway near the railroad tracks on Denton Tap Road will take place July 26th - July 29th. There will be a turn-lane change at the intersection of MacArthur and the SH 121 frontage road, allowing two lanes to turn left onto MacArthur. The City should receive the official tax valuations from Dallas County Appraisal District on July 26th. He advised that the estimated overall growth for Coppell for 2016/2017 is approximately 4.27%. Mr. Land reminded Council of the upcoming joint meeting with the Parks and Library Boards and asked them to email any topics that they would like to discuss. He also reminded the Council of the National Night Out Golf Page 4City of Coppell, Texas July 25, 2017City Council Minutes Tournament on August 19th at the Cowboys Golf Club and the opening of the Fire Training Facility in August. Mr. Land advised that the Boards and Commissions postcard has been mailed and that applications will be accepted between August 1st and September 1st. Deputy City Secretary Jean Dwinnell answered questions of the Council regarding the Board and Commissions application and interview process. Mayor and Council Reports13. Report by Mayor Hunt regarding upcoming events. Mayor Hunt announced Splish Splash Storytime will be held at the CORE on July 28th at 11:00 a.m. Meet at the pool for stories, songs, and splashing. The Teen Closing Party at the Cozby Library and Community Commons will be held on July 28th at 2:00 p.m. Come celebrate the end of Summer Reading. The Council's final Budget Workshop will be at Town Center in the second floor conference room on July 31st, at 6:00 p.m. The Back to School Ice Cream Social at the Square in Old Town on August 19th from 6-8 p.m. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A. C/FBISD/LISD Liaison - Councilmember Hill B. CISD Liaison - Councilmember Hinojosa-Flores C. Coppell Seniors - Councilmember Roden/Mayor Pro Tem Yingling 14. A. Councilmember Mark Hill advised there was nothing to report regarding Lewisville ISD. He reported that classes in the Carrollton/Farmers Branch School district begin on August 28th. In preparation, 2,500 teachers are being trained this summer by nationally recognized educational leaders. A STEM Camp for middle schoolers was attended by 125 students giving them hands-on experience with technology. B. Councilmember Brianna Hinojosa-Flores reported that the first day of school for Coppell ISD will be on August 21st. Pick-up schedules and verification of residency is available between August 7th and 11th. More information for each campus is available on the CISD website. The new CISD superintendent will be announced soon with Mr. Brad Hunt as the solo finalist. Ms. Hinojosa-Flores reminded everyone to be aware and to prepare for the additional traffic that will be on the roadways beginning on August 21st. C. Councilmember Gary Roden reported that the Senior Center has many activities in the works at all times. They will be celebrating Grandparent's Day on September 8th. The Knit Wits will be making and collecting warm clothing for babies for the upcoming winter on September 26th. Veteran's Day will be celebrated on November 6th, and all who would like, are encouraged to wear their uniform to the celebration. Mr. Roden reminded the citizens that the membership fee for participating in events at the Senior Center is $10 per month, or $1.00 per day. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 15. Page 5City of Coppell, Texas July 25, 2017City Council Minutes Nothing to report. Necessary Action from Executive Session16. There was no action taken. Adjournment There being no further business before the City Council, the meeting was adjourned at 8:30 p.m. ________________________ Karen Selbo Hunt, Mayor ATTEST: _____________________________ Jean Dwinnell, Deputy City Secretary Page 6City of Coppell, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3488 File ID: Type: Status: 2017-3488 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 07/28/2017File Created: Final Action: Northwestern Drive OrdinanceFile Name: Title: Consider approval of an Ordinance amending the Code of Ordinances, Chapter 1, Article 1-4, Section 1-4-2 entitled “Street Name Changes” by adding paragraph “U” to rename Northwest Drive to Northwestern Drive from its intersection with State Highway 121 to its terminus with Canyon Drive; and authorizing the Mayor to sign any necessary documents. Notes: Agenda Date: 08/08/2017 Agenda Number: B. Sponsors: Enactment Date: Northwestern Drive Memo.pdf, Northwestern Drive Exhibit.pdf, Northwestern Drive ORD.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Approval History Action DateVersionSeq #Due DateActionApprover 1 Ken Griffin 1 8/4/20178/3/2017 Approve 1 Christel Pettinos - FYI 2 8/3/2017 Notified - FYI History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/08/2017City Council Text of Legislative File 2017-3488 Title Consider approval of an Ordinance amending the Code of Ordinances, Chapter 1, Article 1-4, Section 1-4-2 entitled “Street Name Changes” by adding paragraph “U” to rename Northwest Drive to Northwestern Drive from its intersection with State Highway 121 to its Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3488) terminus with Canyon Drive; and authorizing the Mayor to sign any necessary documents. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/4/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 8, 2017 Reference: Consider approval of an Ordinance amending the Code of Ordinances, Chapter 1, Article 1-4, Section 1-4-2 entitled “Street Name Changes” by adding paragraph “U” to rename Northwest Drive to Northwestern Drive from its intersection with State Highway 121 to its terminus with Canyon Drive. 2030: Sustainable City Government, Special Place to Live Introduction: Along with the Prologis 121 Development the developer is required to construct a street that connects the existing Northwestern Drive to Freeport Parkway and State Highway 121. Analysis: Traditionally street names are defined by plat and in this case, the plat for the dedicated right-of-way was named Northwest Drive. However, the existing segment that runs from Canyon Drive to the south, +/- 400 feet is named Northwestern Drive and not Northwest Drive. There are currently no homes or businesses within Coppell addressed off Northwest Drive or the existing Northwestern Drive. If this request is granted, we will notify the various mapping companies such as Mapsco, MapQuest, Rand McNally Atlas and Google Maps to request an update to their products. Legal Review: The City Attorney prepared this Ordinance Fiscal Impact: None Recommendation: The Engineering Department recommends approval of the Ordinance. PROPOSEDSTREET NAME CHANGECreated in ACAD20151 INCH = 1 MILE0W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2017.dwg\NORTHWESTERN LOCCreated on: August 2, 2017 by Kevin Rubalcaba1/21/2 1 1 INCH = FT.0300300150PROPOSEDSTREET NAME CHANGECreated in ACAD2015W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2017.dwg\NORTHWESTERNCreated on: August 2, 2017 by Kevin Rubalcaba2/2EXISTING NORTHWEST DREXISTING NORTHWESTERN DR Page 1 TM 88358 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, RENAMING THE ENTIRE LENGTH OF THE EXISTING “NORTHWEST DRIVE”, RUNNING SOUTH FROM CANYON DRIVE, APPROXIMATELY 400 FEET TO ITS TERMINUS, AND INCLUDING THE SEGMENT EXTENDING TO STATE HIGHWAY 121, TO “NORTHWESTERN DRIVE”’; AND AMENDING SECTION 1- 4-2(U) OF THE COPPELL CODE OF ORDINANCES BY ADDING PARAGRAPH “U” TO RENAME “NORTHWEST DRIVE” TO “NORTHWESTERN DRIVE”; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has deemed it appropriate to change the name of “Northwest,” in its entirety, to “Northwestern”; and, WHEREAS, the City Council has determined that renaming “Northwest” to “Northwestern” is consistent with the ordinances of the City and in the best interest of the citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The entire segment of the street named “Northwest Drive”, extending from its intersection with Canyon Drive approximately four hundred feet (400’) south to its terminus, and including the segment extending to the intersection with State Highway 121, as depicted on Exhibit A, attached hereto and incorporated herein, shall be changed and hereafter be known as “Northwestern Drive.” SECTION 2. Section 1-4-2(U) of the Coppell Code shall be adopted to read as follows: “U. The name of the existing segment of Northwest Drive, from Canyon Drive southward, and including the segment extending to the intersection with State Highway 121, shall henceforth be named Northwestern Drive.” SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION 4. All ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. Page 2 TM 88358 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ON THIS THE _____ DAY OF ___________, 2017. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY EXHIBIT A Page 3 TM 88358 Page 4 TM 88358 Page 5 TM 88358 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3489 File ID: Type: Status: 2017-3489 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 07/28/2017File Created: Final Action: Old Town Arches AwardFile Name: Title: Consider approval to enter into a design contract with Huitt-Zollars, Inc., in the amount of $76,445.00; as budgeted in the general fund; for Final Engineering Design of the Old Town Arches; and authorizing the City Manager to sign all necessary documents. Notes: Agenda Date: 08/08/2017 Agenda Number: C. Sponsors: Enactment Date: Old Town Arches Memo.pdf, Old Town Arches Exhibits.pdf, Old Town Arches Proposal.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Approval History Action DateVersionSeq #Due DateActionApprover 1 Ken Griffin 1 8/4/20178/3/2017 Approve 1 Jennifer Miller 2 8/4/20178/3/2017 Approve 1 Christel Pettinos - FYI 3 8/3/2017 Notified - FYI History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/08/2017City Council Text of Legislative File 2017-3489 Title Consider approval to enter into a design contract with Huitt-Zollars, Inc., in the amount of $76,445.00; as budgeted in the general fund; for Final Engineering Design of the Old Town Arches; and authorizing the City Manager to sign all necessary documents. Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3489) Summary Fiscal Impact: The funds are budgeted in account number 01-08-01-4220 for this project. 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 8/4/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 8, 2017 Reference: Final Engineering Design for Old Town Arches 2030: Business Prosperity General Information:  FY 15/16 Council Goal: Old Coppell as Small Town Village – Develop and present a comprehensive signage plan within City ROW.  July 12, 2016 – Staff briefed the City Council on the idea of Arches with banners at three to four locations as entryways into Old Town Coppell.  FY16/17 City Council Goal: Implement Signage/Arches in Old Town Coppell.  Council provided staff a budget of $400,000.00 in undesignated fund balance for FY16/17.  Staff presented the project to the Old Town Association March 2, 2017.  Staff hired Huitt-Zollars to provide a preliminary feasibility study on the arches (preliminary report attached).  July 25, 2017 - Staff briefed City Council on the results of the feasibility study and the refined concept. Introduction: This agenda item is being presented for approval to enter into a design contract with Huitt-Zollars, Inc., in the amount of $76,445.00 for preparing final engineering drawings for the Old Town Arches project. Analysis: Staff presented the idea of providing a means to tastefully hang banners over the roadways leading to the Old Town District on July 12, 2016. By utilizing decorative arches with banner cables, the City could advertise special events in the district as well as mark the entry into the district for visitors. The arches would incorporate the “Old Town Coppell” logo and a select number of special event temporary banners to be displayed throughout the year. Within the Old Coppell Master Plan adopted in 2002, establishing “gateways” into Old Town Coppell was recommended. These gateways were defined as key entrances into Old Coppell which provide a “sense of arrival” to the district. Gateways are located on the west and east entries of West Bethel Road and on the north entry of South Coppell Road. Part of the gateway concept was implemented through the construction of bridges with intricate railings containing decorative street lights and banner poles. The arches would serve as a further distinction of the entry into Old Town Coppell. The project is in the preliminary phase of design. Staff presented the results of the feasibility study during the July 25, 2017 City Council Meeting. This item is to take the preliminary design and create final engineering drawings before proceeding with bidding the project. Integrating the arches into the gateway bridge structures or railings will best enhance the existing gateway elements. With some modification, the existing bridge rails are elevated and will serve as the base of the structural design. Also, incorporating a changeable banner for special events for the City and Chamber of Commerce was considered, as current temporary signage options in the city are limited. Exhibits from the Preliminary Feasibility Study Report are included for review. Legal Review: This item did not require legal review. Fiscal Impact: The fiscal impact of this Agenda item is $76,445.00. Recommendation: The Planning and Engineering Departments recommend approval of this contract with Huitt-Zollars, Inc. I:\proj\R307485.01 - Old Town Arches Feasibility Study\05 Design\Opinion of Probable Cost\City of Coppell_Old Town Arches_Feasibility Study Estimate_06-12- 2017.xlsx Page 1 ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COPPELL ROAD CULVERT - ARCH 1 FLUTED POST (INCLUDING FLANGE PLATES)EA 2 20,000.00$ 40,000.00$ 2 CLAMP ON BASE EA 2 1,250.00$ 2,500.00$ 3 POST TOP FINIAL EA 2 275.00$ 550.00$ 4 ARCH (ROUND HSS)LF 133 150.00$ 19,950.00$ 5 GRADE 50 STEEL LB 340 6.00$ 2,040.00$ 6 LARGE DECORATIVE SCROLLS EA 2 4,000.00$ 8,000.00$ 7 SMALL DECORATIVE SCROLLS EA 1 425.00$ 425.00$ 8 TEXAS STARS EA 3 550.00$ 1,650.00$ 9 PIN MOUNTED LETTERS EA 7 350.00$ 2,450.00$ 10 OLD TOWN SIGN EA 1 5,250.00$ 5,250.00$ 11 COPPELL SIGN EA 1 3,250.00$ 3,250.00$ 12 GOOSENECK ARM LIGHTING EA 4 500.00$ 2,000.00$ 13 TURNBUCKLE ASSEMBLY EA 4 200.00$ 800.00$ 14 WIRE ROPE LF 130 4.00$ 520.00$ 15 EXISTING SPECIAL RAIL REMOVAL LF 39.4 50.00$ 1,970.00$ 16 SPECIAL RAIL LF 39.4 300.00$ 11,820.00$ 103,175.00$ BETHEL ROAD CULVERT - ARCH 1 FLUTED POST (INCLUDING FLANGE PLATES)EA 2 20,000.00$ 40,000.00$ 2 CLAMP ON BASE EA 2 1,250.00$ 2,500.00$ 3 POST TOP FINIAL EA 2 275.00$ 550.00$ 4 ARCH (ROUND HSS)LF 123 150.00$ 18,450.00$ 5 GRADE 50 STEEL LB 340 6.00$ 2,040.00$ 6 LARGE DECORATIVE SCROLLS EA 2 4,000.00$ 8,000.00$ 7 SMALL DECORATIVE SCROLLS EA 1 425.00$ 425.00$ 8 TEXAS STARS EA 3 550.00$ 1,650.00$ 9 PIN MOUNTED LETTERS EA 7 350.00$ 2,450.00$ 10 OLD TOWN SIGN EA 1 5,250.00$ 5,250.00$ 11 COPPELL SIGN EA 1 3,250.00$ 3,250.00$ 12 GOOSENECK ARM LIGHTING EA 4 500.00$ 2,000.00$ 13 TURNBUCKLE ASSEMBLY EA 4 200.00$ 800.00$ 14 WIRE ROPE LF 120 4.00$ 480.00$ 15 EXISTING SPECIAL RAIL REMOVAL LF 6.0 50.00$ 300.00$ 16 SPECIAL RAIL LF 6.0 300.00$ 1,800.00$ 89,945.00$ SUBTOTAL SUBTOTAL Prepared by Huitt-Zollars on June 8, 2017 OLD TOWN ARCHES FEASIBILITY STUDY CITY OF COPPELL, TEXAS Opinion of Probable Construction Cost I:\proj\R307485.01 - Old Town Arches Feasibility Study\05 Design\Opinion of Probable Cost\City of Coppell_Old Town Arches_Feasibility Study Estimate_06-12- 2017.xlsx Page 2 ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL BETHEL ROAD BRIDGE - ARCH 1 FLUTED POST (INCLUDING FLANGE PLATES)EA 2 20,000.00$ 40,000.00$ 2 CLAMP ON BASE EA 2 1,250.00$ 2,500.00$ 3 POST TOP FINIAL EA 2 275.00$ 550.00$ 4 ARCH (ROUND HSS)LF 81 150.00$ 12,150.00$ 5 GRADE 50 STEEL LB 340 6.00$ 2,040.00$ 6 LARGE DECORATIVE SCROLLS EA 2 2,000.00$ 4,000.00$ 7 SMALL DECORATIVE SCROLLS EA 1 425.00$ 425.00$ 8 TEXAS STARS EA 3 550.00$ 1,650.00$ 9 PIN MOUNTED LETTERS EA 7 350.00$ 2,450.00$ 10 OLD TOWN SIGN EA 1 5,250.00$ 5,250.00$ 11 COPPELL SIGN EA 1 3,250.00$ 3,250.00$ 12 GOOSENECK ARM LIGHTING EA 4 500.00$ 2,000.00$ 13 TURNBUCKLE ASSEMBLY EA 4 200.00$ 800.00$ 14 WIRE ROPE LF 80 4.00$ 320.00$ 15 EXISTING SPECIAL RAIL REMOVAL LF 33.7 50.00$ 1,685.00$ 16 SPECIAL RAIL LF 33.7 300.00$ 10,110.00$ 17 DRILLED SHAFT (36" DIAMETER)LF 20.00 400.00$ 8,000.00$ 18 MISC CONCRETE CY 0.35 600.00$ 210.00$ 97,390.00$ COPPELL ROAD - MONUMENT 1 FOOTING/PIER EA 1 1,500.00$ 1,500.00$ 2 STONE COLUMN AND CMU CORE EA 1 2,000.00$ 2,000.00$ 3 STEEL POSTS EA 2 80.00$ 160.00$ 4 SCROLL - METAL EA 1 625.00$ 625.00$ -$ -$ -$ -$ 4,285.00$ PROJECT SUBTOTAL 294,795.00$ 10% MOBILIZATION 29,479.50$ 25% CONTINGENCY 73,698.75$ SUMMARY:PROJECT TOTAL 397,973.25$ Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total project Costs and Construction Cost provided for herein are made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. SUBTOTAL SUBTOTAL Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3497 File ID: Type: Status: 2017-3497 Agenda Item Agenda Ready 1Version: Reference: In Control: Finance 07/31/2017File Created: Final Action: Meter Bid Rejection 08-08-17File Name: Title: Consider rejection of all proposals for Request for Proposal No. 0143, Residential and Commercial Water Meter Replacement Project and authorize the rebid for the same. Notes: Agenda Date: 08/08/2017 Agenda Number: D. Sponsors: Enactment Date: Agenda Item to Reject All Meter Proposals 2017.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Approval History Action DateVersionSeq #Due DateActionApprover 1 Jennifer Miller 1 8/3/20178/2/2017 Approve 1 Christel Pettinos - FYI 2 8/2/2017 Notified - FYI History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/08/2017City Council Text of Legislative File 2017-3497 Title Consider rejection of all proposals for Request for Proposal No. 0143, Residential and Commercial Water Meter Replacement Project and authorize the rebid for the same. Summary See attached memorandum. Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3497) Fiscal Impact: There is no fiscal impact regarding this item. Staff Recommendation: The Finance Department recommends rejection of all bids related to RFP No. 0143, Residential and Commercial Water Meter Replacement Project. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/4/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: August 8, 2017 Reference: Consider rejection of all proposals received in response to Request for Proposal No. 0143, Residential and Commercial Water Meter Replacement Project. 2030: Sustainable City Government, Business Prosperity, Special Place to Live Introduction: The City received eight proposals in response to the Request for Proposal No. 0143. The proposal requested entities to respond with the solution they would recommend to the City concerning the replacement of all commercial and residential analog meters. Analysis: Members of Finance, Utility Billing, Engineering, and Information Systems reviewed the proposals. Some entities proposed a cellular solution and some proposed a fixed network solution. Initially, staff determined that all analog meters should be replaced. However, staff was undecided concerning whether a cellular or fixed network solution would be appropriate for Coppell. After reviewing the proposals, staff has determined that: - the fixed network is the best solution for Coppell - all residential meters should be replaced at once - commercial meters will be replaced over the next few years The fixed network is a better value and allows the City to control future costs. The cellular solution is more expensive and the cellular provider controls how long older technology will be supported as new technology is introduced. This puts control of the meter replacement timeline in the hands of the cellular provider rather than the City. Staff also believes it is important to offer all residents the same solution. The proposals included a customer portal. The customer portal allows customers to monitor their usage and to setup alerts. It was determined that it would not be appropriate to offer this technology to some in a customer class, but not all in that class. 2 Based on the foregoing, staff has determined that the bids were not responsive to the needs of the City and recommends that Council reject all proposals and direct staff to prepare a Request for Proposal that focuses on the identified needs. Legal Review: The City Attorney reviewed this item as part of the agenda review. Fiscal Impact: There is no fiscal impact regarding this item. Recommendation: The Finance Department recommends rejection of all bids related to RFP No. 0143, Residential and Commercial Water Meter Replacement Project. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3493 File ID: Type: Status: 2017-3493 Agenda Item Agenda Ready 2Version: Reference: In Control: Fire 07/31/2017File Created: Final Action: Joint Fire Training Facility Equipment PurchaseFile Name: Title: Consider authorizing the purchase of Hurst rescue tool/equipment for the Joint Fire Training Facility from sole source provider, Municipal Emergency Services, in an amount not to exceed $100,000, as budgeted, and authorizing the City Manager to sign any necessary documents. Notes: Agenda Date: 08/08/2017 Agenda Number: E. Sponsors: Enactment Date: Joint Fire Training Equipment Staff Memo.pdf, Joint Fire Training Equipment Quote.pdf, Joint Fire Training Equipment Sole Source Letter.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Approval History Action DateVersionSeq #Due DateActionApprover 2 Kevin Richardson 1 8/1/20178/1/2017 Approve 2 Jennifer Miller 2 8/2/20178/1/2017 Approve 2 Christel Pettinos - FYI 3 8/1/2017 Notified - FYI History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 2 08/08/2017City Council Text of Legislative File 2017-3493 Title Consider authorizing the purchase of Hurst rescue tool/equipment for the Joint Fire Training Facility from sole source provider, Municipal Emergency Services, in an amount not to Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3493) exceed $100,000, as budgeted, and authorizing the City Manager to sign any necessary documents. Summary The requested purchase is to replace the current cache of tools on our apparatus and implement new electric technology for a dual purpose of emergency response and training . Significant engineering and design improvements have occurred in the 17 years since our previous purchase. With the increase in motor vehicle accidents and industrial infrastructure, the need to quickly deploy technical rescue resources is critical to performance during emergency situations. Fiscal Impact: The funds have been designated in General Fund - Fund Balance for this project. Staff Recommendation: The Fire Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/4/2017 1 MEMORANDUM To: Mayor and City Council From: Kevin Richardson, Fire Chief Date: August 8, 2017 Reference: Rescue Equipment 2030: Excellent City Services Introduction: The City of Coppell has entered a Joint Fire Training Center Interlocal Cooperation Agreement (ILA) between the cities of Coppell, Addison Farmers Branch, and Carrolton. The construction of the facility is nearing completion and is scheduled for a Ribbon Cutting Ceremony on August 12, 2017. Analysis: The Fire Training Facility is designed to incorporate a full spectrum of training for Fire, EMS, and Rescue. In doing so, the CFD is requesting to purchase and implement various training tools and equipment. The need to train and prepare for Technical Rescue requires adequate tools. The current CFD rescue tool/equipment cache is hydraulic tools powered by a gasoline power plant. These caches were purchased in 2000 (17 years). The units are becoming unreliable and require a high amount of maintenance. The industry is transitioning to battery powered tools that are much lighter, ergonomically designed, without the maintenance and mess associated with gasoline. Studies have shown that storage of gasoline powered equipment on apparatus have potential for damage associated with fumes and/or direct contact from spills, etc. The funding has been previously approved via the 5-year plan and adopted budget. The requested purchase is to replace the current cache of tools on our apparatus and implement new electric technology for a dual purpose of emergency response and training. Significant engineering and design improvements have occurred in the 17 years since our previous purchase. With the 2 increase in motor vehicle accidents and industrial infrastructure, the need to quickly deploy technical rescue resources is critical to performance during emergency situations. Legal Review: Agenda item does not require legal review Fiscal Impact: As approved and designated in Fund Balance Recommendation: The Fire Department recommends approval. Quote Date 7/21/2017 Quote #QT1110418 Bill To Michelle Mocniak COPPELL, CITY OF 265 Parkway Blvd Coppell TX 75019 Ship To Michelle Mocniak COPPELL, CITY OF 265 Parkway Blvd Coppell TX 75019 Expires 8/20/2017 Sales Rep Herron, Jason R PO # Shipping Method FedEx Ground MES - Texas 16511 Hedgecroft Suite 200 Houston, TX 77060 Item 273023000 274085000-1 271555000-1 272085000-1 274085000-1 272080425 272080910 272085410 272085412 272080411 Alt. Item #Units Description SC 358E2 Combi Package (includes SC 358E2 Combi, charger, and 2 EXL batteries) Hurst R421E2 Ram (Tool Only) SP 555E2 Spreader - Tool only Hurst S700E 2.0 (Tool Only) Hurst R421E2 Ram (Tool Only) 12vDC eDRAULIC Battery Charger Hurst eDRAULIC Bank Charger DC Hurst EXL eDRAULIC Battery Hurst 110v E2 Pwr Supply w/Plg Hurst 110v Battery Charger QTY 4 4 1 1 1 4 1 14 5 1 Unit Sales Pri... 10,395.24 5,675.24 8,769.18 7,718.49 5,714.11 428.36 1,414.38 494.95 606.16 428.36 Amount 41,580.96 22,700.96 8,769.18 7,718.49 5,714.11 1,713.44 1,414.38 6,929.30 3,030.80 428.36 Subtotal Shipping Cost (FedEx Ground) Total 99,999.98 0.00 $99,999.98Cpt. Todd Bourland 972-304-3520 QT1110418 This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current local tax information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. HURST Jaws of Life, Inc. 711 North Post Road Shelby, NC 28150 www.jawsoflife.com An IDEX Fire & Safety Unit 800.537.2659 July 25, 2017 Coppell Fire Department Attn: Captain Todd Bourland 265 E. Parkway Blvd. Coppell, TX 75019 This will confirm that, as of the date hereof, the following Hurst Jaws of Life® dealer is the only Hurst® dealer whose sales territory for Hurst Low Pressure (5,000 PSI), Hurst High Pressure (10,000 PSI), Hurst eDRAULIC® and Hurst StrongArm® rescue equipment includes the County of Dallas in the State of Texas and whose personnel have been factory trained and certified by Hurst Jaws of Life, Inc. on operation, maintenance and service and are approved by Hurst Jaws of Life, Inc. to perform warranty repairs, warranty required annual maintenance and other service on Hurst Low Pressure (5,000 PSI), Hurst High Pressure (10,000 PSI), Hurst eDRAULIC and Hurst StrongArm rescue equipment: MES - Texas Houston, TX 77060 Phone Number: 800-784-0404 Fax Number: 281-442-9199 Thank you for your interest in our rescue equipment. Feel free to contact us at 1-800-537-2659 or 704- 487-6961 should you have any further questions or concerns. Sincerely, Mike Canon Senior Director of Rescue Sales Hurst Jaws of Life, Inc. ADG Cc: Mike Faught, South Central Regional Sales Manager, Hurst Jaws of Life, Inc. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3490 File ID: Type: Status: 2017-3490 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 07/28/2017File Created: Final Action: Sanitary Sewer Main RepairFile Name: Title: Consider approval to award a contract to Insituform Technologies, LLC to perform sanitary sewer main repair; in the amount of $965,319.00; through a Buy Board Cooperative Purchasing Program; and authorizing the City Manager to sign any necessary documents Notes: Agenda Date: 08/08/2017 Agenda Number: 10. Sponsors: Enactment Date: Sewer Replacement Memo.pdf, Sewer Replacement Exhibit.pdf, Sewer Replacement Proposal.pdf, Insituform Renewal Letter.pdf, Insituform CIPP Brochure.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Approval History Action DateVersionSeq #Due DateActionApprover 1 Ken Griffin 1 8/4/20178/3/2017 Approve 1 Jennifer Miller 2 8/4/20178/3/2017 Approve 1 Christel Pettinos - FYI 3 8/3/2017 Notified - FYI History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/08/2017City Council Text of Legislative File 2017-3490 Title Consider approval to award a contract to Insituform Technologies, LLC to perform sanitary sewer main repair; in the amount of $965,319.00; through a Buy Board Cooperative Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3490) Purchasing Program; and authorizing the City Manager to sign any necessary documents Summary Fiscal Impact: Funds have been designated in the Water/Sewer Fund retained earnings for this project. Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/4/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 8, 2017 Reference: Contract with Insituform Technologies, LLC. for Sanitary Sewer Replacement 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  Total Contract amount is $965,319.00, as provided for in the Water/Sewer Fund Balance Fund.  This work will be contracted through a Buy Board Cooperative Purchasing Program.  The 5,200 feet of sewer main to be repaired was identified in the Inflow and Infiltration study completed by the RJN Group. Introduction: This item is being presented to consider approval of a contract to Insituform Technologies, LLC. To perform a sewer main replacement, in the amount of $965,319.00, through a Buy Board Cooperative Purchasing Program; and authorizing the City Manager to sign any necessary documents. Buy Board is a Local Government Purchasing Cooperative created in accordance with Section 791.001 of the Texas Government Code. Its purpose is to obtain the benefits and efficiencies that can accrue to members of a cooperative, to comply with state bidding requirements, and to identify qualified vendors of commodities, goods, and services. There were a few companies that do this type of work on Buy Board, so we were able to compare the prices. Insituform was the best choice based on price and their experience in the area. Analysis: The City of Coppell operates a wastewater collection system that consists of 177 miles of collection lines, two lift stations and 5 miles of sanitary sewer force main. Over the last few years we have been searching for sources of inflow and infiltration. The City of Coppell hired the RJN Group to complete a study determining where we have possible failures in our sanitary sewer system. This study consisted of installing meters throughout the system to determine the locations of abnormally high flows during rain events (Phase I). Once that data was collected, it was determined that there 2 were two basins that were the main contributors to the high flow. These basins are located on the north end of town adjacent to both, Cottonwood Branch Creek and Denton Creek. These two basins were then inspected utilizing field inspection and Closed Circuit Television. Approximately 22,000 feet of pipe were inspected. Of that, we identified approximately 5,200 feet of one segment that needs to be replaced adjacent to Cottonwood Branch Creek. The section of pipe that needs replacing was originally installed in 1976 and is a clay pipe. A section of this pipe collapsed last month and an emergency repair resolution was approved at the last council meeting, July 25th, 2017. The sanitary sewer main we will be replacing will be done by a method called cured in place pipe (CIPP). This is a joint less pipe within a pipe. The way it works is, we use the existing pipe as the “host pipe” and install a tubing that contains a thermosetting epoxy resin. The tubing is pushed/pulled through the host pipe and then hot water/steam is circulated throughout the tube to cure the thermosetting resin. The pipe is then cooled and it hardens to a condition like that of plastic pipe. This product has a design life of 100 years. This method is preferred over the remove and replace method of the sanitary sewer main due to the minimal disturbance it will cause. Legal Review: The Purchasing Department has reviewed the documents and determined that this is an appropriate method of contracting with this firm. Fiscal Impact: The fiscal impact of this Agenda item is $965,319.00 and available in the water/sewer fund balance. Recommendation: The Engineering Department recommends approval of this contract with Insituform Technologies, LLC. SANITARY SEWER MAINREPLACEMENT PROJECTCreated in ACAD20151 INCH = 1 MILE0W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2017.dwg\MAIN REPLC LOCCreated on: August 2, 2017 by Kevin Rubalcaba1/21/2 1 1 INCH = FT.0600600300SANITARY SEWER MAINREPLACEMENT PROJECTCreated in ACAD2015W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2017.dwg\MAIN REPLACEMENTCreated on: August 2, 2017 by Kevin Rubalcaba2/2AREA OF REPLACEMENT January 27, 2017 Sent via Email to:landreski@insituform.com Laurie Andreski Insituform Technologies, LLC 17988 Edison Avenue Chesterfield MO 63005 Re: BuyBoard Contract 462-14 CIPP, Underground Asset Renewal, & Water Tank Asset Management The contract that The Local Government Purchasing Cooperative (BuyBoard) awarded your company under the Cured In Place Pipeline Rehabilitation, Underground Asset Renewal, & Water Tank Asset Management Proposal, RFP 462-14, is scheduled to expire October 31, 2017. At this time, we are extending your contract through February 28, 2018. All discounts, terms, and conditions of your proposal contract will remain the same. If you agree with this extension, there is nothing you need to do. However, if you do not agree to the extension, please notify me immediately via email at connie.burkett@tasb.org. Reminder: The receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative. Accepting orders directly from a member entity may result in a violation of the State of Texas competitive bid statutes, and could cause cancellation of this proposal award. Therefore, all orders must be processed through the Cooperative in order to comply with the contract. We request your assistance in immediately forwarding any orders received directly from member entities. Purchase orders may be sent to us either by fax (800-211-5454) or by email (info@buyboard.com). If by chance an order sent directly to you has been unintentionally processed, please forward it to the Cooperative and note it as RECORD ONLY to prevent duplication. If you have questions or comments concerning this renewal, please contact me as soon as possible at connie.burkett@tasb.org. We appreciate your interest and participation in The Local Government Purchasing Cooperative. Sincerely, Connie W Burkett Contract Administrator Our Trenchless Solution The Insituform® cured-in-place pipe (CIPP) is a jointless, seamless, pipe-within-a-pipe used to rehabilitate sanitary sewers, storm sewers and force mains. Insituform® CIPP addresses your top concerns: Infiltration reduction. Water entering your sewer system through cracks, holes and joint failures can overload your treatment facilities, especially during wet weather. Insituform® CIPP significantly reduces this infiltration. In dry climates, roots find the sewer system an attractive source of water and nutrients and create blockages and overflows. Insituform® CIPP contains your flow within the pipe while keeping external water and roots out. Structural integrity. Insituform® CIPP restores structural integrity to your damaged sewer pipes. The design models used, independent test results and over 40 years of service all confirm that Insituform® CIPP is a structural product with a 100-year design life. Increased flow capacity. Insituform® CIPP provides the least cross- sectional reduction of all methods used to rehabilitate pipes. There are no joints or seams that can separate over time and the smooth, jointless interior provides excellent abrasion resistance and typically improves flow capacity. Affordability. The Insituform® CIPP process is usually less expensive than conventional dig and replace methods of sewer repair. When the lost business revenues, traffic congestion and social costs associated with other methods are considered, your savings are immeasurable. Installation flexibility. Insituform® CIPP can be installed using either air or water inversion, or by pulling into place. The cure can be done with steam or hot water. All processes are consistent with nationally recognized standards and Insituform’s own ISO-certified quality control program. Since each job is unique, we apply the most cost-effective, technically optimal solution to meet your pipeline rehabilitation needs. INSITUFORM® CIPP Affordable, reliable and non-disruptive solutions for sewer pipe reconstruction INSITUFORM® CIPP © 2014 Aegion CorporationAB1334 10/14 Insituform® CIPP is the best choice for trenchless rehabilitation. Insituform superior processes Since inventing CIPP over 40 years ago, Insituform has developed the highest quality manufacturing and installation systems in the trenchless industry. As a vertically integrated company, we take responsibility for research and development, manufacturing, installation and service. Our systems are designed to produce consistency and high performance in our products and services. Manufacturing Insituform’s patented manufacturing capabilities are certified to the ISO 9001:2008 standard, ensuring that our tubes are constructed for optimal long-term performance. During the manufacturing process, each tube goes through 25 separate quality checks. Wet out Insituform’s resin impregnation process ensures that Insituform® CIPP achieves the required strength and enables wet out of many lengths, diameters and thicknesses. Insituform’s wet out facilities utilize environmentally friendly methods and equipment. In fact, Insituform has been recognized by the United States’ Environmental Protection Agency for efforts to protect the environment at its various wet out facilities. Installation Every Insituform installation is completed using our own safety- certified crews who follow strict safety procedures and documented work practices. Each crew is equipped with highly specialized equipment, backup resources and engineering support. Insituform’s advanced installation methods include air invert steam cure, which reduces water usage on a job site by approximately 95% and energy usage by 75%. Transportation Solutions Insituform offers affordable, trenchless solutions to renew and extend the life of underground stormwater control and drainage structures. A large number of culverts running under the nation’s roadways are approaching or have exceeded their expected design life. A culvert or storm sewer pipe collapse can have catastrophic effects on the traveling public, your budget and your credibility. Insituform can help you avoid the direct costs and the social costs of a failure by proactively renewing your underground assets. For transportation projects, particularly culverts, Insituform uses installation methods that minimize the use of water and maximize resin containment, thus protecting downstream waters from contamination. The Insituform® CIPP Installation Process Step 1: A resin-saturated, coated felt tube is inverted (shown) or pulled into a damaged pipe. Step 3: Service laterals are restored internally with robotically controlled cutting devices and the rehabilitated pipe is inspected by closed-circuit TV. Step 2: Hot water or steam is used to cure the resin and form a tight-fitting, jointless and corrosion-resistant replacement pipe. The Insituform® CIPP Technical Envelope The Insituform® CIPP Technical Envelope Diameter range 4 in. – 124 in.* pH range 0.5 – 10.5 Effluent temperature up to 140˚ F Pipe condition — fully deteriorated Yes Pipe condition — partially deteriorated Yes Bends Yes Offset joints Yes Diameter changes Yes, without manhole access Thickness changes Yes, without manhole access Typical shot length 200 ft.– 1000 ft. Host pipe shape All shapes Host pipe material All materials * Thickness and length limitations in larger diameters This table refers to general purpose municipal sewer CIPP projects. Insituform can provide products that extend beyond these parameters through our engineering group. Please contact your local representative at 800.234.2992 for assistance with applications extending beyond this technical envelope. Insituform Technologies, LLC 17988 Edison Avenue St. Louis, MO 63005 800.234.2992 www.insituform.com Aegion®, Insituform® and the Insituform® logo are the registered trademarks of Aegion Corporation and its affiliates. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3491 File ID: Type: Status: 2017-3491 Agenda Item Agenda Ready 1Version: Reference: In Control: Finance 07/31/2017File Created: Final Action: 2017 Tax Collection RateFile Name: Title: Consider approval of the certification of the 2017 anticipated tax collection rate for the period July 1, 2017 through June 30, 2018. Notes: Agenda Date: 08/08/2017 Agenda Number: 11. Sponsors: Enactment Date: Memo Collection Rate 2017.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Approval History Action DateVersionSeq #Due DateActionApprover 1 Jennifer Miller 1 8/1/20177/31/2017 Approve 1 Christel Pettinos - FYI 2 7/31/2017 Notified - FYI History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/08/2017City Council Text of Legislative File 2017-3491 Title Consider approval of the certification of the 2017 anticipated tax collection rate for the period July 1, 2017 through June 30, 2018. Summary See attached memorandum. Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3491) Fiscal Impact: Staff Recommendation: The Finance Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/4/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: August 8, 2017 Reference: Anticipated Collection Rate for 2017 2030: Sustainable City Government Introduction: Pursuant to the truth in taxation laws of Chapter 26.04 of the Texas Property Tax Code, the Tax Assessor/Collector must certify the anticipated collection rate for FY 2017-18. John R. Ames, Dallas County Tax Assess/Collection has certified the anticipated collection rate for the period of July 1, 2017 through June 30, 2018 to be 100%. Analysis: The purpose of this law is to permit a taxing unit to adjust the debt portion of its effective/rollback tax rate to account for anticipated delinquencies. The anticipated collection rate of 100% will be used in the calculation of the effective/rollback tax for 2016 Legal Review: This agenda item was reviewed by legal counsel during the Council packet review process. Fiscal Impact: Recommendation: The Finance Department recommends approval. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3496 File ID: Type: Status: 2017-3496 Agenda Item Agenda Ready 1Version: Reference: In Control: Finance 07/31/2017File Created: Final Action: Proposed Vote 2017-18 Tax RateFile Name: Title: Consider approval of a proposed tax rate of $.579500 for the 2017 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council meeting on August 22, 2017 at 7:30 p.m. and a Special called meeting on August 29, 2017 at 6:00 p.m. Notes: Agenda Date: 08/08/2017 Agenda Number: 12. Sponsors: Enactment Date: Memo Proposed Rate 2017.pdf, City of Coppell 2017 Notice of Proposed Tax Rate.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Approval History Action DateVersionSeq #Due DateActionApprover 1 Jennifer Miller 1 8/3/20178/2/2017 Approve 1 Christel Pettinos - FYI 2 8/2/2017 Notified - FYI History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/08/2017City Council Text of Legislative File 2017-3496 Title Consider approval of a proposed tax rate of $.579500 for the 2017 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council meeting on August 22, 2017 at 7:30 p.m. and a Special called meeting on August 29, 2017 at 6:00 p.m. Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3496) Summary See attached memorandum. Fiscal Impact: Staff Recommendation: The Finance Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/4/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: August 8, 2017 Reference: Approval of a proposed tax rate of $.57950 for the 2017 tax year and to set the Public Hearings 2030: Sustainable City Government Introduction: Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate exceeds the notice and hearing tax rate limit as calculated in the effective/rollback tax rate worksheets, the taxing unit’s governing body must take a record vote on the desired rate. The governing body must also announce the date, time and place of the two (2) public hearings to be held on the proposed tax rate. Analysis: As required by Local Government Code, Sec. 140.010, attached is the notice that will be published in the newspaper on August 11, 2017. The 1st public hearing will be at the regular Council meeting on August 22, 2017 and the 2nd will be at a Special called meeting on August 29, 2017. The effective tax rate is $.567531 and the rollback rate is $.584936. Legal Review: This agenda item was reviewed by legal counsel during the Council packet review process. Fiscal Impact: Recommendation: The Finance Department recommends approval. NOTICE OF 2017 TAX YEAR PROPOSED PROPERTY TAX RATE FOR CITY OF COPPELL A tax rate of $0.579500 per $100 valuation has been proposed for adoption by the governing body of City of Coppell. This rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. The governing body of City of Coppell proposes to use revenue attributable to the tax rate increase for the purpose of public safety concerns and one time capital purchases. PROPOSED TAX RATE $0.579500 per $100 PRECEDING YEAR'S TAX RATE $0.579500 per $100 EFFECTIVE TAX RATE $0.567531 per $100 ROLLBACK TAX RATE $0.584936 per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for City of Coppell from the same properties in both the 2016 tax year and the 2017 tax year. The rollback tax rate is the highest tax rate that City of Coppell may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount= (rate) x (taxable value of your property)/100 For assistance or detailed information about tax calculations, please contact: John R. Ames, PCC, CTA 1201 Elm Street, Suite 2600, Dallas TX 214.653.7811 TNTHELP@dallascounty.org You are urged to attend and express your views at the following public hearings on the proposed tax rate: First Hearing: August 22, 2017 at 6:00 pm at 255 Parkway Blvd, Coppell TX. Second Hearing: August 29, 2017 at 6:00 pm at 255 Parkway Blvd, Coppell TX. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3455 File ID: Type: Status: 2017-3455 Agenda Item Mayor and Council Reports 1Version: Reference: In Control: City Secretary 06/29/2017File Created: Final Action: Mayor and Council ReportsFile Name: Title: Report by Mayor Hunt regarding upcoming events. Notes: Agenda Date: 07/11/2017 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 07/11/2017City Council A. Mayor Hunt remarked about how unbelievable the Celebrate Coppell event was and how beautiful the facility turned out to be. She said the Parks Department, City Staff and Support Services (PD/FD) all did a phenomenal job! The bar has been set and she can't wait to see how the next set of events turn out. Councilmember Mays said the Public Information Office did a great job publicizing the event and looks forward to future events. B. Councilmember Roden was asked to be the keynote speaker at a Dallas Sales Force Group event for high school students on a Saturday from 9am-4pm at the Cozby Library. There were approximately 100 people, many of whom were simply volunteer students learning to write code on the back side of the content management software. It was a great use of the Library and a great partnership between the business community, volunteers and the city. Action Text: 1 07/25/2017City Council Page 1City of Coppell, Texas Printed on 8/4/2017 Master Continued (2017-3455) Mayor Hunt announced Splish Splash Storytime will be held at the CORE on July 28th at 11:00 a.m. Meet at the pool for stories, songs, and splashing. The Teen Closing Party at the Cozby Library and Community Commons will be held on July 28th at 2:00 p.m. Come celebrate the end of Summer Reading. The Council's final Budget Workshop will be at Town Center in the second floor conference room on July 31st, at 6:00 p.m. The Back to School Ice Cream Social at the Square in Old Town on August 19th from 6-8 p.m. Action Text: 1 08/08/2017City Council Text of Legislative File 2017-3455 Title Report by Mayor Hunt regarding upcoming events. 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 8/4/2017