CP 2017-10-10City Council
City of Coppell, Texas
Meeting Agenda
255 Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:30 PMTuesday, October 10, 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
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
Discussion regarding real property located south of east Belt Line and east
of south Belt Line.
3.Work Session (Open to the Public) 1st Floor Conference Room
Page 1 City of Coppell, Texas Printed on 10/6/2017
October 10, 2017City Council Meeting Agenda
A.Discussion regarding possible rescheduling of the 5th Tuesday Work
Session.
B.Discussion regarding dates for upcoming City Council Retreat.
C.Discussion regarding Old Town Coppell Signage.
D.Capital Expenditures and Debt Subcommittee Discussion Update.
E.Discussion regarding Agenda Items.
Regular Session (Open to the Public)
4.Invocation 7:30 p.m.
5.Pledge of Allegiance
6.Consider approval of a proclamation naming the month of October,
“National Breast Cancer Awareness Month,” and authorize the Mayor to
sign.
2017 Breast Cancer Awareness Month Proclamation.pdfAttachments:
7.Consider approval of a proclamation naming the week of October 8-14,
2017 as “Fire Prevention Week,” and authorizing the Mayor to sign.
2017 Fire Prevention Week Proclamation.pdfAttachments:
8.Report by the Coppell Farmers’ Market and Community Garden.
9.Citizens’ Appearance
10.Consent Agenda
A.Consider approval of the minutes: September 26, 2017.
Minutes.pdfAttachments:
B.Consider approval to enter into a contract with City of Dallas for the
purchase of wholesale treated water; and authorizing the Mayor to sign any
necessary documents.
Dallas Water Contract.pdf
1972 Trinity River Authority Water Contract.pdf
1987 Dallas Water Contract.pdf
Supplemental Agreement 1.pdf
Supplemental Agreement 2.pdf
Supplemental Agreement 3.pdf
Proposed Treated Water Contract.pdf
Attachments:
C.Consider approval of a Resolution approving a letter of support for the
creation of a Foreign Trade Zone to be located at 1144 W. Bethel Road in
Coppell, Texas, and authorizing the Mayor to sign.
Page 2 City of Coppell, Texas Printed on 10/6/2017
October 10, 2017City Council Meeting Agenda
FedEx FTZ - Memo.pdf
FedEx - FTZ - Resolution.pdf
FedEx FTZ Letter.pdf
Attachments:
End of Consent Agenda
11.PUBLIC HEARING:
Consider approval of Case No. PD-157R7-C, Valley Ranch Plaza, a
rezoning from PD-157-C (Planned Development 157-Commercial) and
PD-157R6-C (Planned Development 157 Revision 6 - Commercial) to
PD-157R7-C (Planned Development 157 Revision 7 - Commercial) to
allow revisions to the site plan including the addition of a drive-through
restaurant and revising the parking, circulation, landscaping and building
facades on 4.6 acres of property located at the southwest corner of E. Belt
Line Road and S. MacArthur Blvd., at the request of John Evans, BLMA
LTD and BLMA Phase II LTD, being represented by Donald F. Sopranzi,
AIA.
Cover Memo.pdf
Staff Report.pdf
Site Plan.pdf
Landscape Plan.pdf
Elevations - Belt Line Rd.pdf
Elevations - MacArthur Blvd.pdf
Photometric Study.pdf
Attachments:
12.PUBLIC HEARING:
Consider approval of Case No. PD-206R-H, Conoboy Addition (Pence), a
rezoning from PD-206-H (Planned Development 206 - Historic) to
PD-206R-H (Planned Development 206 Revised - Historic) to allow the
demolition of the existing building and construction of a 3,345-square foot
residence on Lot 1R and an 1,877-square foot office on Lot 2R on
14,790-square feet of land located at 717 S. Coppell Road, at the request
of JET Financial Group being represented by Michael Adams, Firmitas
Design.
Cover Memo.pdf
11x17 Color Pages (Rendering, Site Plan, Elevations).PDF
Site Plan.PDF
Landscape Plan (2 Pages).pdf
Tree Survey.pdf
Attachments:
13.PUBLIC HEARING:
Consider approval of Case No. PD-291-H, 705 S. Coppell Road, a
rezoning from H (Historic) to PD-291-H (Planned Development 291 -
Historic) to allow the occupancy of the existing 1,038-square foot
Page 3 City of Coppell, Texas Printed on 10/6/2017
October 10, 2017City Council Meeting Agenda
residential structure for office uses, on 5,444-square feet of land located at
705 S. Coppell Road, at the request of Neda Jaafari, being represented by
Technology Building Group.
Cover Memo.pdf
Site Plan.pdf
Elevations.pdf
Tree Survey.pdf
Landscape Plan (4 pages).pdf
Attachments:
14.Consider approval to award a contract to AVAdek for the construction of a
canopy trellis at the Cozby Library and Community Commons in the
amount of $49,964.00, as identified in the project design; and authorizing
the City Manager to sign all necessary documents.
Bid Award Memo.pdf
AVAdek proposal.pdf
Attachments:
15.City Manager Reports - Project Updates and Future Agendas
16.Mayor and Council Reports
A.Report by Mayor Hunt and the City Council on the recent Fall activities.
B.Report by Mayor Hunt on upcoming events.
17.Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
18.Necessary Action from Executive Session
Adjournment
________________________
Karen Selbo Hunt, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of
the City of Coppell, Texas on this 6th day of October, 2017, at _____________.
______________________________
Christel Pettinos, City Secretary
Page 4 City of Coppell, Texas Printed on 10/6/2017
October 10, 2017City Council Meeting Agenda
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 5 City of Coppell, Texas Printed on 10/6/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3597
File ID: Type: Status: 2017-3597 Agenda Item Executive Session
1Version: Reference: In Control: City Secretary
10/03/2017File Created:
Final Action: Executive SessionFile Name:
Title: Discussion regarding real property located south of east Belt Line and east of
south Belt Line.
Notes:
Agenda Date: 10/10/2017
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 10/10/2017City Council
Text of Legislative File 2017-3597
Title
Discussion regarding real property located south of east Belt Line and east of south Belt Line.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3597)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/6/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3593
File ID: Type: Status: 2017-3593 Agenda Item Work Session
1Version: Reference: In Control: City Secretary
10/02/2017File Created:
Final Action: Work SessionFile Name:
Title: A.Discussion regarding possible rescheduling of the 5th Tuesday
Work Session.
B.Discussion regarding dates for upcoming City Council Retreat.
C.Discussion regarding Old Town Coppell Signage.
D.Capital Expenditures and Debt Subcommittee Discussion
Update.
E.Discussion regarding Agenda Items.
Notes:
Agenda Date: 10/10/2017
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 10/10/2017City Council
Text of Legislative File 2017-3593
Title
A.Discussion regarding possible rescheduling of the 5th Tuesday Work Session.
B.Discussion regarding dates for upcoming City Council Retreat.
C.Discussion regarding Old Town Coppell Signage.
D.Capital Expenditures and Debt Subcommittee Discussion Update.
E.Discussion regarding Agenda Items.
Summary
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3593)
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 10/6/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3572
File ID: Type: Status: 2017-3572 Agenda Item Agenda Ready
1Version: Reference: In Control: Fire
09/14/2017File Created:
Final Action: 2017 Breast Cancer Awareness Month ProclamationFile Name:
Title: Consider approval of a proclamation naming the month of October, “National
Breast Cancer Awareness Month,” and authorize the Mayor to sign.
Notes:
Agenda Date: 10/10/2017
Agenda Number: 6.
Sponsors: Enactment Date:
2017 Breast Cancer Awareness Month
Proclamation.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 10/10/2017City Council
Text of Legislative File 2017-3572
Title
Consider approval of a proclamation naming the month of October, “National Breast Cancer
Awareness Month,” and authorize the Mayor to sign.
Summary
Fiscal Impact:
There is no fiscal impact of this Agenda item.
Staff Recommendation:
The Fire Department recommends approval.
Goal Icon:
Community Wellness and Enrichment
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3572)
Page 2City of Coppell, Texas Printed on 10/6/2017
PROCLAMATION
WHEREAS, National Breast Cancer Awareness Month educates women about the
importance of early detection for breast cancer; and
WHEREAS, since the inception of National Breast Cancer Awareness Month,
mammography use has doubled, and breast cancer death rates have declined; and
WHEREAS, many women still do not utilize mammography at regular intervals; and
WHEREAS, in recognition of the fact that mammography is the best available method of
detecting breast changes that may be cancer, long before physical symptoms can be seen or
felt; and
WHEREAS, breast cancer deaths could decline further if all women age 40 and older
received mammograms at regular intervals.
NOW, THEREFORE, I, Karen Hunt, Mayor of the City of Coppell, do hereby proclaim the
month of October 2017 as
“National Breast Cancer Awareness Month”
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell
to be affixed this 10th day of October 2017.
__________________________________
Karen Selbo Hunt, Mayor
ATTEST:
__________________________
Christel Pettinos, City Secretary
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3589
File ID: Type: Status: 2017-3589 Agenda Item Agenda Ready
2Version: Reference: In Control: Fire
09/26/2017File Created:
Final Action: 2017 Fire Prevention Week ProclamationFile Name:
Title: Consider approval of a proclamation naming the week of October 8-14, 2017
as “Fire Prevention Week,” and authorizing the Mayor to sign.
Notes:
Agenda Date: 10/10/2017
Agenda Number: 7.
Sponsors: Enactment Date:
2017 Fire Prevention Week Proclamation.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
2 10/10/2017City Council
Text of Legislative File 2017-3589
Title
Consider approval of a proclamation naming the week of October 8-14, 2017 as “Fire
Prevention Week,” and authorizing the Mayor to sign.
Summary
Although fire prevention is a year around initiative, the Coppell Fire Department uses Fire
Prevention Week as an opportunity to highlight and promote additional programs.
This year’s Fire Prevention Week theme is: “Every Second Counts: Plan 2 Ways Out!”
effectively serves to educate the public about the vital importance of developing a home
fire escape plan with all members of the household and practicing it twice a year.
Fiscal Impact:
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3589)
There is no fiscal impact of this agenda item.
Staff Recommendation:
The Fire Department recommends approval.
Goal Icon:
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/6/2017
PROCLAMATION
WHEREAS, the city of Coppell, Texas is committed to ensuring the safety and security of all those living
in and visiting Coppell; and
WHEREAS, many of today's products and furnishings produce toxic gases and smoke when burned,
making it impossible to see and breathe within moments; and
WHEREAS, these conditions contribute to a smaller window of time for people to escape a home
fire safely, with people having as little as one to two minutes to escape from the time the smoke alarm
sounds; and
WHEREAS, a home fire escape plan provides the skill set and know-how to quickly and safely escape
a home fire situation; and a home fire escape plan includes two exits from every room in the home; a
path to the outside from each exit; smoke alarms in all required locations; and a meeting place outside
where everyone in the home will meet upon exiting; and home fire escape plans should be developed
by all members of the household; and
WHEREAS, Coppell's first responders are dedicated to reducing the occurrence of home fires and home
fire injuries through prevention and protection education; and
WHEREAS, Coppell’s residents are responsive to public education measures and are able to take
personal steps to increase their safety from fire, especially in their homes; and
WHEREAS, the 2017 Fire Prevention Week theme, “Every Second Counts: Plan 2 Ways Out!”
effectively serves to educate the public about the vital importance of developing a home fire escape
plan with all members of the household and practicing it twice a year;
NOW THEREFORE, I Karen Selbo Hunt, Mayor of the City of Coppell do hereby proclaim
October 8-14, 2017, as Fire Prevention Week throughout the City of Coppell. I urge all the people of
Coppell to develop a home fire escape plan with all members of the household and practice it twice a
year, and to participate in the many public safety activities of Coppell's fire and emergency services
during Fire Prevention Week.
IN WITNESS, THEREOF, I have set my hand and caused the seal of the City of Coppell to be
affixed this 10th day of October 2017.
____________________________
Karen Selbo Hunt, Mayor
ATTEST:
________________________
Christel Pettinos, City Secretary
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3594
File ID: Type: Status: 2017-3594 Presentation Presentations
1Version: Reference: In Control: City Secretary
10/02/2017File Created:
Final Action: Farmers Market/Community GardenFile Name:
Title: Report by the Coppell Farmers’ Market and Community Garden.
Notes:
Agenda Date: 10/10/2017
Agenda Number: 8.
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 10/10/2017City Council
Text of Legislative File 2017-3594
Title
Report by the Coppell Farmers’ Market and Community Garden.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3594)
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/6/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3596
File ID: Type: Status: 2017-3596 Agenda Item Consent Agenda
1Version: Reference: In Control: City Secretary
10/02/2017File Created:
Final Action: MinutesFile Name:
Title: Consider approval of the minutes: September 26, 2017.
Notes:
Agenda Date: 10/10/2017
Agenda Number: A.
Sponsors: Enactment Date:
Minutes.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 10/10/2017City Council
Text of Legislative File 2017-3596
Title
Consider approval of the minutes: September 26, 2017.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3596)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/6/2017
255 Parkway Boulevard
Coppell, Texas
75019-9478
City of Coppell, Texas
Minutes
City Council
6:00 PM Council ChambersTuesday, September 26, 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;Gary Roden;Marvin Franklin
and Mark Hill
Present 6 -
Wes Mays and Nancy YinglingAbsent2 -
Also present were City Manager Mike Land, Deputy City Managers Traci Leach and
Noel Bernal, City Secretary Christel Pettinos and City Attorney Robert Hager.
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
September 26, 2017 at 6:40 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 Work Session at 6:44 p.m.
Work Session (Open to the Public) 1st Floor Conference Room2.
A.Discussion regarding Old Town Coppell Signage.
B.Discussion regarding Teen Alcohol First Time Offender Program.
C.Discussion regarding the Regional Trail Connections to Rail Stations
Project.
D.Discussion regarding the City of Coppell Communication Plan.
E.Discussion regarding Agenda Items.
Page 1City of Coppell, Texas
September 26, 2017City Council Minutes
Presented in Work Session
Regular Session
Mayor Hunt adjourned the Work Session at 7:13 p.m. and reconvened into
Regular Session.
Invocation 7:30 p.m.3.
Chad Kettler, Senior Pastor with GracePoint Church, gave the Invocation.
Pledge of Allegiance4.
Mayor Hunt and the City Council led those present in the Pledge of Allegiance.
5.Swearing in of Deputy City Managers.
Mayor Hunt swore in Traci Leach and Noel Bernal as Deputy City Managers.
6.Presentation of the John Ivey Higher Standards Award to Mayor Karen
Hunt.
Councilmember Gary Roden was one of the Trinity River Common Vision
Steering Committee recipients who received the John Ivey Higher Standards
Award for Floodplain Management. Councilmember Roden gave a brief
presentation and presented the award to Mayor Hunt.
7.Consider approval of a proclamation naming Tuesday, October 3, 2017,
as "National Night Out" and requesting City Council support and
endorsement of National Night Out festivities; and authorizing the Mayor
to sign.
Mayor Hunt read the proclamation into the record and presented the same to
Police Chief Mac Tristan, Deputy Chief Jim Cook, Officer Peter Dirks, Officer
Paul Gonzales, NNO Knight and McGruff the Crime Dog. A motion was made
by Councilmember Brianna Hinojosa-Flores, seconded by Councilmember
Marvin Franklin, that this agenda Item be approved. The motion passed by an
unanimous vote.
8.Consider approval of a proclamation naming October 7, 2017, as “Arbor
Day;” and authorizing the Mayor to sign.
Mayor Hunt read the proclamation into the record and presented the same to
Molly Bujanda, Community Programs Coordinator. A motion was made by
Councilmember Mark Hill, seconded by Councilmember Gary Roden, that this
agenda Item be approved. The motion passed by an unanimous vote.
Citizens’ Appearance9.
Mayor Hunt advised that no one signed up to speak.
Consent Agenda10.
Page 2City of Coppell, Texas
September 26, 2017City Council Minutes
A.Consider approval of the minutes: September 12, 2017.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Brianna Hinojosa-Flores, that Consent Agenda Items A-H be
approved, with a correction on Consent Agenda Item G for the amount on line
3 to read $139,316. The motion passed by an unanimous vote.
B.Consider approval of adopting the FY 2017-2018 Council Goals and
Staff Work Plan.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Brianna Hinojosa-Flores, that Consent Agenda Items A-H be
approved, with a correction on Consent Agenda Item G for the amount on line
3 to read $139,316. The motion passed by an unanimous vote.
C.Consider approval of Change order number one in the amount of
$70,947.10 to NEMA 3 Electric, Inc.; for the installation of fiber optic
cables and network equipment for the Utility Division SCADA project; for
a total award of $93,813.10; as budgeted in the Utility Operations Capital
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 Consent Agenda Items A-H be
approved, with a correction on Consent Agenda Item G for the amount on line
3 to read $139,316. The motion passed by an unanimous vote.
D.Consider approval of consulting contract with Holmes Murphy and
Associates for employee benefits consulting, wellness services and other
related benefit programs in the amount of $105,000 annually, which is a
continuation of current fees, as budgeted and authorizing the City
Manager to sign all necessary documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Brianna Hinojosa-Flores, that Consent Agenda Items A-H be
approved, with a correction on Consent Agenda Item G for the amount on line
3 to read $139,316. The motion passed by an unanimous vote.
E.Consider approval of contract for the renewal for third party claims
administration services with UMR, Inc. in the amount of $187,758 as
budgeted and authorizing the City Manager to sign all necessary
documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Brianna Hinojosa-Flores, that Consent Agenda Items A-H be
approved, with a correction on Consent Agenda Item G for the amount on line
3 to read $139,316. The motion passed by an unanimous vote.
F.Consider approval of a renewal policy for fully insured organ transplant
coverage with AIG-National Union Fire Insurance in the amount of
$56,252.16 as budgeted and authorizing the City Manager to sign all
Page 3City of Coppell, Texas
September 26, 2017City Council Minutes
necessary documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Brianna Hinojosa-Flores, that Consent Agenda Items A-H be
approved, with a correction on Consent Agenda Item G for the amount on line
3 to read $139,316. The motion passed by an unanimous vote.
G.Consider approval of the renewal contract for the procurement of Life,
Accidental Death and Dismemberment (AD&D) and Long-Term
Disability (LTD) with Prudential Financial in the amount of $272,989.18
as budgeted and authorizing the City Manager to sign all necessary
documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Brianna Hinojosa-Flores, that Consent Agenda Items A-H be
approved, with a correction on Consent Agenda Item G for the amount on line
3 to read $139,316. The motion passed by an unanimous vote.
H.Consider approval of an Interlocal Cooperation Agreement between the
North Central Texas Council of Governments (NCTCOG) and City of
Coppell for a Regional Trail Connections to Rail Stations Project; and
authorizing the Mayor to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Brianna Hinojosa-Flores, that Consent Agenda Items A-H be
approved, with a correction on Consent Agenda Item G for the amount on line
3 to read $139,316. The motion passed by an unanimous vote.
End of Consent Agenda
11.PUBLIC HEARING:
Consider approval of Case No. S-1029R-LI, Mechanical Garage
(Northlake 635 Business Center, Lot 3, Block D), a rezoning from
S-1029-LI (Special Use Permit 1029-Light Industrial) to S-1029R-LI
(Special Use Permit 1029 Revised-Light Industrial) to amend the SUP
conditions and site plan to allow the relocation and expansion of car
repair facility to a total of 8,734 square feet, to be located in Suite 160,
1203 Crestside Drive, at the request of Anvant Vista II, LLC, being
represented by Tho Lo.
Presentation: Marcie Diamond, Assistant Director of Planning, made a
presentation to the City Council.
Mayor Hunt opened the Public Hearing and advised that no one signed up to
speak.
A motion was made by Councilmember Mark Hill, seconded by
Councilmember Brianna Hinojosa-Flores, to close the Public Hearing and
approve this agenda item subject to the following conditions:
1) Automobile repair shall be limited to minor repair or replacement of parts,
tires, tubes, and batteries; diagnostic services; minor motor services such as
Page 4City of Coppell, Texas
September 26, 2017City Council Minutes
grease, oil, spark plug, and filter changing; tune-ups; emergency road service;
replacement of starters, alternators, hoses, brake parts; mufflers; performing
state inspections and making minor repairs necessary to pass said inspection;
servicing of air-conditioning systems, and other similar minor services for
motor vehicles except heavy load vehicles, but shall not include major repair,
rebuilding, or reconditioning of engines or transmissions for motor vehicles;
wrecker service with vehicle storage; collision services including body, frame
or fender straightening or repair; customizing; overall painting or paint shop;
2) Vehicle repair shall not occur outside of the building; and
3) No vehicles shall be permitted to be parked in the fire lane at any time.
The motion passed by an unanimous vote.
12.PUBLIC HEARING:
Consider approval of Case No. PD-240R4R2-HC, North Gateway Plaza,
a zoning change request from PD-240R4R-HC (Planned
Development-240 Revision 4 Revised-Highway Commercial) to
PD-240R4R2-HC (Planned Development-240 Revision 4 Revision
2-Highway Commercial), to revise the Concept Plan for an approximate
41,000 square foot commercial development (a fitness center) on 5.3
acres of property located north of S.H. 121, approximately 420 feet west
of N. Denton Tap Road, at the request of Gateway, Ltd, being
represented by Don Harrelson, Baird, Hampton & Brown Engineers.
Presentation: Marcie Diamond, Assistant Director of Planning, made a
presentation to the City Council.
Mayor Hunt opened the Public Hearing and advised that no one signed up to
speak.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Mark Hill, to close the Public Hearing and approve this agenda
item subject to the following conditions:
1) The Detail Plan shall be in accordance with the Development Regulations
established in this Concept Plan and overall PD conditions;
2) Tree Mitigation Plan/Tree Removal Permit shall be required to the removal
of any trees;
3) Final Plat indicating all required easements and fire lanes shall be required;
4) The deceleration lane on Denton Tap serving the southern mutual access
easement shall be constructed and accepted by the city prior to the issuance of
a Certificate of Occupancy for this development;
5) Signage shall be in accordance with the Sign Ordinance. LA Fitness
signage may be included on the multi-tenant monument sign as approved on
Lot 4 (Carl Jr’s); and
6) The brick screening wall shall be in place prior to vertical construction
Page 5City of Coppell, Texas
September 26, 2017City Council Minutes
on-site.
The motion passed by an unanimous vote.
13.Consider and authorize City Manager to negotiate and execute a
Purchase and Sale Agreement, and any necessary agreements and
instruments related thereto, for the purchase of Lot 1R, Block A of the
Wilson-Kirkland-Minyard Addition, approximately .72 acres of land; and
authorize the Mayor to execute any acknowledgements.
Presentation: Mindi Hurley, Director of Community Development, made a
presentation to the City Council.
A motion was made by Councilmember Cliff Long, seconded by
Councilmember Gary Roden, that this agenda item be approved. The motion
passed by an unanimous vote.
City Manager Reports - Project Updates and Future Agendas14.
City Manager Mike Land announced the Allies in Community process has
kicked off. They are creating a survey for the upcoming Kaleidescope event to
receive direct input on how the community is changing culturally. Also, the
Citizen Summit, held on September 21st, had approximately 100 participants.
Feedback continues to come in and will be presented to Council. Finally,
Mayor Hunt and City Manager Land spoke at the Job Fair held on the west side
of Coppell. The coordinated event between the City of Coppell and the
Workforce Commission was a success with approximately 35 businesses
participating and almost 280 applicants attending.
Mayor and Council Reports15.
Report by Mayor Hunt regarding upcoming events.
Mayor Hunt announced that the Food Truck Frenzy will be held on September
30th from 5–9p.m. in Old Town Coppell. Grab a couple of chairs and relax on
the lawn, listen to music, and enjoy some delicious eats from DFW’s hottest
food trucks! While you're there, come out a little early and shop Old Town or
enjoy the Main Street Interactive Fountain and playground.
Fall Frolic will be held at the Biodiversity Education Center on October 7th
from 11 a.m. - 1 p.m.
Game Day on the Square will be October 14th. Enjoy college football games
on a jumbo TV beginning at 2 p.m. There will be an inflatable obstacle course
for the kids and plenty of food trucks beginning at 5 p.m.
Councilmember Gary Roden reported that he and Deputy Police Chief Jim
Cook attended and participated in the Lasya Sudha community dance event at
the MCL Theater in Lewisville.
Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
16.
Page 6City of Coppell, Texas
September 26, 2017City Council Minutes
A.North Texas Council of Governments - Mayor Pro Tem Nancy Yingling
B.North Texas Commission - Councilmember Marvin Franklin
C.Historical Society - Councilmember Cliff Long
A. Nothing to report.
B. Councilmember Franklin announced the 46th Annual Member Luncheon
was held on September 21st at the Irving Convention Center.
C. Councilmember Long reported that work continues on the restoration of the
Infeldt House, that historical markers continue to be placed around town and
that the historical files have been categorized and moved to the Cozby Library.
Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
17.
Mayor Hunt announced the 24th Annual Coppell Chamber Golf Classic will be
held on October 9th at the Hackberry Golf Course. Please see the Coppell
Chamber's website for more information.
Adjournment
There being no further business before the City Council, the meeting was
adjourned at 8:25 p.m.
________________________
Karen Selbo Hunt, Mayor
ATTEST:
______________________________
Christel Pettinos, City Secretary
Page 7City of Coppell, Texas
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3590
File ID: Type: Status: 2017-3590 Agenda Item Agenda Ready
1Version: Reference: In Control: Engineering
09/28/2017File Created:
Final Action: Dallas Water ContractFile Name:
Title: Consider approval to enter into a contract with City of Dallas for the purchase
of wholesale treated water; and authorizing the Mayor to sign any necessary
documents.
Notes:
Agenda Date: 10/10/2017
Agenda Number: B.
Sponsors: Enactment Date:
Dallas Water Contract.pdf, 1972 Trinity River Authority
Water Contract.pdf, 1987 Dallas Water Contract.pdf,
Supplemental Agreement 1.pdf, Supplemental
Agreement 2.pdf, Supplemental Agreement 3.pdf,
Proposed Treated Water Contract.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 10/10/2017City Council
Text of Legislative File 2017-3590
Title
Consider approval to enter into a contract with City of Dallas for the purchase of wholesale
treated water; and authorizing the Mayor to sign any necessary documents.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3590)
The Engineering Department recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 10/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Ken Griffin, P.E., Director of Engineering and Public Works
Date: October 10, 2017
Reference: Renewal of Wholesale Treated Water Contract with the City of Dallas
2030: Special Place to Live – Ensure Well-Maintained Neighborhoods, Public
Infrastructure, Including Streets, Alleys, Utilities and Fences
General Information:
The current Wholesale Treated Water Contract was approved by Council in November 1987.
The current Wholesale Treated Water Contract expires on November 18, 2017.
The proposed Wholesale Treated Water Contract is for 30 years, until November 2047.
Introduction:
The original contract to obtain water from the City of Dallas was executed between the City of
Coppell and the Trinity River Authority (TRA) on July 21, 1972. TRA already had a contract with
Dallas to purchase water and Coppell needed a water supply to supplement its well system. However,
Coppell was not financially able to sell bonds to build the necessary infrastructure, so TRA sold bonds
to build the infrastructure and then resold Dallas water to Coppell through their contract with Dallas.
It was recognized in the late 80’s that the 1972 contract with TRA would not be adequate long term
to supply water to Coppell. Therefore, Coppell entered into a separate water contract with Dallas on
November 18, 1987. The 1987 contract did not replace the 1972 TRA contract, it only supplemented
it.
On February 1, 1995, the City of Coppell paid off the balance of the original 1972 TRA bonds. At
that time, TRA deeded the infrastructure and land to the City of Coppell. This effectively ended the
original 1972 TRA contract.
Since the 1987 contract with Dallas, there have been three Supplemental Agreements and one
Memorandum of Agreement.
Analysis:
The proposed Wholesale Treated Water Contract is very similar in information and structure as the
1987 Contract. The changes are in the following areas: 1) Article 1 – Definitions; 2) Section 3.3 –
2
Demand Schedule; 3) Section 4.11 – Liability, Loss of Water; 4) Section 7.5 – Late Payment; 5)
Article 8 – Curtailment, Water Conservation, and Drought Contingency Plans; and 6) Section 9.3 –
Rights to Water and Return Flows. Also, the Memorandum of Agreement is included as Exhibit A,
Supplemental Agreement #1 is no longer needed, Supplemental Agreement #2 is included as Exhibit
E and Supplemental Agreement #3 is included as Exhibit F.
1) Definitions: The 1987 Contract did not have a definitions section. The proposed contract
includes a listing of all definitions as Article 1.
2) Section 3.3: The 1987 contract, in Section 2, discusses demand and changes in demand.
Specifically, Section 2.5 gives general guidelines on notification to Dallas if there is an
anticipated change in demand. The proposed contract, in Section 3.3, provides detailed
guidelines that every five years the customer city must reaffirm or update their demand
schedule for the upcoming five years.
3) Section 4.11: The 1987 contract, in Section 3, covers all aspects of Article 4 in the proposed
contract, except for 4.11. The proposed contract, in Section 4.11, clearly states that Dallas is
only responsible for water loss up to the meter at the delivery point. After the treated water
passes through the meter, any accounting for water loss is the responsibility of the customer
city. Our delivery point is at the Village Parkway Pump Station near the northeast corner of
MacArthur and Sandy Lake.
4) Section 7.5: The 1987 contract does not address late payment fees. The proposed contract,
in Section 7.5, provides detail on when late fees will be accessed and the interest rate of the
late fee.
5) Article 8: The 1987 contract, in Section 8, provides general information that the customer
city will develop a water conservation plan. The proposed contract, in Article 8, provides
detailed information and references to state law about the water conservation plan and what it
must address.
6) Section 9.3: The 1987 contract, in Section 6, provides information about the resale of water
outside the Coppell city limits. The proposed contract, in Section 9.3, adds language that even
when the customer city purchases water from Dallas, they do not acquire water rights to do
with the water as they please. The purchase of water from Dallas is strictly a pass through
from Dallas to Coppell to the end user. I’m unsure why this was added, but it should have no
impact on how we use the water purchased from Dallas.
Overall the proposed contract is not a substantial change from the 1987 contract. The timeline is such
that once Coppell approves the proposed contract, it will be sent back to Dallas for their approval on
October 25, 2017. It will become effective on November 18, 2017 and expire on November 18, 2047.
Legal Review: The proposed contract was sent to our attorney on August 22, 2017 and no comments
were provided.
Fiscal Impact: There is no fiscal impact with the renewal of this contract. The process for the setting
of rates is outlined in Article 7 of the proposed contract.
Recommendation:
The Engineering Department recommends approval of the renewal of the Wholesale Treated Water
Contract with the City of Dallas and will be available to answer any questions at the Council meeting.
THE STATE OF TEXAS :
COUNTY OF TARRANT :
THIS CONTRACT (hereinafter called "Contract") made
amd entered into as of the 21st day of July, 1972, by and between
Trinity River Authority of Texas, a govermnental agency and a
body politic and corporate, created by Chapter 518, Acts of the
Regular Session of the 54th Legislature,
Section 59 of the Constitution of Texas
and the
pursuant to Article XVI~
herein called "Authority"),
City of Coppell, Texas, a municipal corporation of the
State of Texas, acting under
called "City");
the laws of the State of Texas (herein
WITNES SETH :
WtlEREAS, City o~.a~s and operates its water distribut%on
system and is in need of an additional source of water supply; and
WltEPoEAS, Authorit.y has contracted with the City of
Dallas, Texa~ (herein called "Dallas") for a water supply; and
WHEREAS, Authority proposes to issue its Bonds for the
purpose of constructing facilities to enable it to supply treated
water to City (herein called "Project"), in accordance with a
report of Rady and Associates, Inc., Consulting Engineers, entitled
Water Supply Report for the City of Coppell, dated 1972, as such
report may be amended or supplemented prior to the execution of
construction contracts and'as changed by change orders entered
after construction contracts have been executed, or as such
report may be amended or supplemented to provide expanded service
in the future (herein called "Engineering Report"); and
WHEREAS, it is desirable and necessary to City that
Authority supply water to City;
NOW, THEREFORE, in consideration of the mutual
covenants and agreements herein contained, Authority agrees
to construct the Project in accordance with the Engineering
Report and to supply water to City and City agrees to pay Auth-
ority for water supplied upon terms and conditions hereinafter
set forth, to-wit:
Section 1o DEFINITION OF TERMS. Terms and expressions
as used in this Contract, unless the context clearly shows other-
wise, shall have the following meanings:
A. "Annual Payment" means the amount of money to be paid
to Authority by City each year under this Contract°
Bo "Annual Requirement" means the total amount of money
required for Authority to pay all Operation and Maintenance Expense
of the Project, to pay the debt service on its Bonds and to pay
2
any amounts required to be deposited in any special or reserve
funds required to be established and/or maintained by the provisions
of the Bond Resolution°
Co "Bond Resolution(s)" means the resolution or resolu-
tions of Authority which authorize t1~e Bonds.
Do "Bonds" means the revenue bonds issued by Authority,
whether one or more issues, and the interest coupons appertaining
thereto, to finance the Project°
E. "Dallas Contract" means that contract between Author-
ity and the City of Dallas, dated as of July 21, 1972, under which
the City of Dallas agrees to sell water to Authority for resale to.
City.
Fo "Fiscal Year" means the fiscal year of Authority,
which is December 1 through November 30°
Go "Operation and Maintenance Expense" means all
costs of operation and maintenance of the Project including (for
greater certainty but without limiting the generality of the fore-
going) the cost to the Authority of water purchased from the City
of Dallas for resale to City, under the Dallas Contract, repairs
and replacements for which no special fund is created in the Bond
Resolution(s), the cost of utilities, supervision, engineering,
3
accounting, auditing, legal services, and any other supplies,
services, administrative costs and equipment necessary for proper
operation and maintenance of the Project, and payments made by
A~thority in satisfaction of judgments resulting from claims not
covered by Authority's insurance or not paid by City arising in
connection with the operation and maintenance of the Project° ~e
term also includes the charges of the bank or banks where the
Bonds are payable°
Section 2o CONSTRUCTION OF PROJECT° Authority will
construct the Project in accordance with the Engineering Report,
and will isSue its Revenue Bonds to finance all or a part of the
cost of ~he Project°
Section 3o QUANTITY, QUALITY, POINT OF DELIVERY,
MEASURING EQUIPMENT, UNIT OF MEASUREMENT AND DELIVERY PRESSURE.
A. QUANTITY. Authority agrees to sell and to deliver
to City at t~e Delivery Point hereinafter provided, and City
agrees to purchase and take at such Delivery Point, treated water
not exceeding the amount of treated water available to Authority
under the Dallas Contract for its own use and for distribution to
all of the customers served by City's distribution system, except
to the extent otherwise provided herein.
B. QUALITY. The water to be delivered by Authority
and received by City shall be treated water. City has satisfied
4
itself that
C.
into City's
such water will be suitable for its needs.
POINT OF DELIVERY. The Point or Points of Delivery
distribution system shall be as designated in the Engineer-
ing Report, and at such other point or points as may be mutually agreed
by the Parties° Agreement by Authority as to such point or points of
delivery shall be evidenced by approval in writing by the Staff of
location of such additional point or points ofABthorityofthe
delivery°
Do MEASURING EQUIPMENT° (a) Authority shall furnish,
install, operate and maintain or cause to be operated and maintained
the necessary metering equipment of standard type for measuring
properly th~ quantity of water delivered under this agreement and
complying with requirements of the Dallas Contract° Such metering
equipment shall be located at a location to be designated by Authority.
Such meter or meters and other equipment so installed shall remain
the property of Authority. 'City shall have access to such main
metering equipment at all reasonable times, but the reading,
calibration and adjustment thereof shall be done only by the
employees or agents of Authority° For the purpose of this agree-
ment, the original record or reading of the main meter shall be
the journal or other record book of Authority in its office in
which the records of the employees or agents of Authority who take
the reading are or may be transcribed. Upon written request of
City, Authority will give City a copy of such journal or record
book, or permit City to have access to the same in the office of
Authority during reasonable business hours°
b) Not more than once in each calendar year, on a
date as near the end of such calendar year as practical, Authority
shall calibrate its main meter or meters, if requested in writing
by City to do so, in the presence of a representative of City,
and the parties shall jointly observe any adjustments which are
made to the meter in case any adjustments shall be necessary, and
if the check meter hereinafter provided for has been installed,
the same shall also be calibrated by City in the presence of a
representative of Authority and the parties shall jointly observe
any adjustment in case any adjustment is necessary° If City shall
in writing request Authority to calibrate its meters and Authority
shall give City written notice of the time when any such calibration
is to be made and a representative of City is not present at the
time set, Authority may proceed with calibration and adjustment in
the absence of any representative of City°
c) If either party at any time observes a va,riation
between a main delivery meter and the check meter, if any such
check meter shali be installed, such party will promptly notify
6
shall be deemed any other meters in the transmission line or
treatment plant which can be related to the main delivery meter.
If no other meters in the system are operational which will allow
determination of delivered quantity, then the amount of water
delivered during such period may be ~stimated (i) by correcting
the error if the percentage of error is ascertainable by calibra-
tion tests or mathematical calculation, or (ii) by estimating the
quantity of delivery by deliveries during the preceding periods
under similar conditions when the meter was registering accurately.
e) City may, at its option and its own expense,
install and operate a check meter to check the meter installed
by Authority, but the measurement of water for the purpose of
this agreement shall be solely by the Authority's meter, except
in the cases hereinabove specifically provided to the contrary.
Such check meter shall be of standard make and shall be subject
at all reasonable times to inspection and examination by any
employee or agent of the Authority, but the reading, calibration
and adjustment thereof shall be made only by the City~ except
during any period when a check meter may be used under the pro-
visions hereof
which case the
be made by Authority with like effect as if such
been furnished or installed by Authority°
for measuring the amount of water delivered, in
reading, calibration and adjustment thereof shall
check meter had
8
E. UNIT OF MEASUP~MENT. The unit of measurement
for water delivered hereunder shall be 1,000 gallons of water,
U. S. Standard Liquid Measure°
Fo DELIVERY PRESSUi~. The water shall be delivered by
Authority at the point of delivery at a pressure sufficient to
transmit the water into the City's distribution system.
Section 4° FISCAL PROVISIONS. Ao
will pay for the cost of construction of the
issue its Bonds
available funds,
construction.
in amounts necessary which,
if any, will be sufficient
FINANCING° Authority
Project and will
together with other
to accomplish such
B. ANNUAL REQUIREMENT. It is acknowledged and agreed
that payments to be made under this contract will be the only
source available to Authority to provide the Annual Requirement;
and that the Authority has a statutory duty to establish and
from time to time to revise the charges for services to be
rendered and made available to City hereunder so that the Annual
Requirement shall at all times be not less than an amount suffi-
cient to pay or provide for the payment of:
a) All Operation and Maintenance Expense;
b) the principal of and the interest on the Bonds,
as such principal and interest become due, less
interest to be paid out of Bond proceeds as per-
mitted by the Bond Resolution;
c) during each Fiscal Year, any special or reserve
funds required to be established and/or maintained
by the provisions of the Bond Resolution; and
d) an amount in addition thereto sufficient to re-
store any deficiency in any of such funds or
accounts required to be accumulated and main-
tained by the provisions of the Bond Resolution.
C. PAYMENTS BY CITY. (a) For services to be rendered
to City by Authority hereunder, City agrees to pay, at the time
and in the manner herein provided, the Annual Requirement, which
shall be determined by Authority and shall constitute City's
Annual Payment°
in twelve (12)
City's Annual Payment shall be made to Authority
equal monthly installments. In the event Author-
ity is unable to offer service under this Contract to City for
the complete Fiscal Year of 1973, the first year of service
hereunder, the portion of City's Annual Payment attributable to
Operation and Maintenance Expense shall be reduced to the prorata
portion of the Fiscal Year for which service is provided° Such
payments shall be made in accordance with and at the times set
of Payments for 1973 which will be suppliedforthinaSchedule
to City.
c) the Operation and Maintenance Expense for the
first year of operation is estimated.to be $16,000.00. This
amount shall be used in determining City's Annual Payment for
Fiscal Y~ar 1973o Each year thereafter, the Operation and
10
Maintenance Expense to be used in deteznnining City's Annual
Payment shall be such expense as established for the Project
by Authority's Annual Budget°
d) At the close of each Fiscal Year the actual
Operation and Maintenance Expense of the Project shall be de-
termined by Authority° If the actual Operation and Maintenance
Expense exceeded the amount used in establishing City's Annual
Payment, such excess shall be billed to City and City shall pay
such amount within ten (10) days of receipt of such billo If
the actual Operation and Maintenance Expense is less than the
amount used in establishing City's Annual Payment, Authority
shall credit City for the excess amount paid by City°
e) In the event City fails to make any monthly
payment when due, interest on such amount shall accrue at the
rate of ten per cent (10%) per annum from the date such payment
became due until paid in full with interest as herein specified°
In the event any such payment is not made within sixty (60) days
from the date such payment became due Authority may, at its
11
dishontinue sel~Tice to .City ~until the amount due AutDorityoption~
is paid in full with interest as herein specified° Provided, that
any such discontinuance of service shall not relieve City of the
obligation to pay that part of the Annual Payment attributable to
principal of and interest on the Bonds°
f) On or before November 1 of each year, Authority
shall furnish City with a schedule of the monthly payments to be
made by such City to the Authority for the ensuing Fiscal Year°
City hereby agrees that it will make such payments to the Authority
on or before the fifth (5th) day of each month of such Fiscal Year°
If the City at any time disputes the amount to be paid by it to
Authority, City shall nevertheless promptly make the payment or
payments determined by Authority, and, if it is subsequently
determined by agreement, arbitration or court decision that such
disputed payments made by City should have been less, or more,
Authority shall promptly revise and reallocate the charges
for services hereunder in such manner that City will recover
its overpayment or Authority will recover the amount due it.
g) If, for any reason, it becomes necessary to alter
or amend City's Annual Payment after a schedule of payments has
been supplied to City, Authority will provide City with an updated~
schedule of payments°
Section 5o SPECIAL PROVISIONS. Ao Authority will
proceed to finance and construct the Project to the end that it
12
w~ll b~ able
1974, or when the City of Dallas is capable of delivering water
from its Elm Fork Treatment Plant to the Project. It is
specifically recognized by City that Authority will not be able
to deliver water under this Contract until water is available
Authority under the
shall not be liable
to deliver treated watdr to City beginning on Jdly 1;
to
Dallas Contract° Accordingly, Authority
to City for any ~amages occasioned by delay in
delivering water hereunder which are occasioned by delay in re-
ceiving water under the Dallas Contract°
Bo Title to all water supplied hereunder shall remain
in Authority through the Point of Delivery, and upon passing
through the Point of Delivery, such title to the water shall pass
to City. Each of the parties hereto agrees to save and hold the
other party harmless from all claims, demands and causes of action
which may be asserted by anyone on account of the transportation
and delivery of said water while title remains in such party°
C. It is expressly understood and agreed that any
obligations on the part of Authority to complete the Project and
to provide water to City shall be conditioned upon obtaining
water under the Dallas Contract and Authority's ability to obtain
all necessary material, labor and equipment and upon the ability
of Authority to finance the cost of the Project through the actual
sale of Authority's Bonds°
13
Do Authority shall never have the right to demand
payment by City of any obligations assumed by it or imposed on
it under and by virtue of this Contract from funds raised or
to be raised by taxes levied by City~ City's obligations under
this Contract shall never be construed to be a debt of the City
of such kind as to require it under the law of this State to
levy and collect a tax to discharge such obligation, it being
expressly understood by the parties hereto that all pas~ents due
by City hereunder are to be made from water and sewer revenues
received by City°
E. City represents and covenants that all payments
to be made hereunder by it shall constitute "Operating Expenses"
of its waterworks and sewer system as defined in Article 1113 of
the Revised Civil Statutes of Texas, as amended, and that all
such payments will constitute operating expenses of City's water-
works and sewer system°
F. City agrees to fix and collect such rates and charges
for water and sewer services to be supplied by its waterworks and
sewer system.as will produce revenues in an amount equal'to at
least the minimum payments due under this'Contract and to comply
with provisions of ordinances authorizing its outstanding revenue
bonds°
14
G. Authority shall'not be liable to City for any~
damages occasioned by the inability of Authority to supply
water required by City if such inability is caused by the in-
ability of the City of Dallas to deliver water required by
Authority to meet its contractual obligations°
H. In the event Authority is sued or is placed on
notice of demand for payment of a claim or claims not covered
by Authority's insurance or claims not pai.d by City arising in
connection with the operation and maintenance of the Project,
then in any of said events, Authority shall forthwith notify City
in writing as to the nature of the claim or litigation which
could result in an increase in operation and maintenance expense°
City shall have ten (10) days from receipt of such written noti-
fication in which to advise and comment to Authority concerning
any claim, suit or demand for payment°
Io City, acting as agent of Authority, shall operate and
maintain at City's expense the Pr~ect, with the exception of the
metering station which will be operated and maintained by the City
of Dallas. Provided, Authority shall have the right to review the
operation and maintenance procedures of City at least one (1)
time annually at a time to be determined by Authority. ~ City
covenants to make such corrections to its operation and maintenance
procedures as Authority may deem necessary to safeguard the Project.
15
Jo Aut..ority recognizes ,that City ~ consulting 'e~gi~e~rs
have designed or will design the Project and will supez~ise con-
struction of the Project° Authority agrees to utilize such design,
including plans and specifications, for the Project, subject to
approval by Authority, and will assume responsibility for the fees
of such consulting engineers for the design and supervision of
construction of the Project°
Section 6° FORCE b~JEURE.
majeure either party hereto shall be
in part to carry out its obligations
Ao If by reason of force
rendered unable wholly or
under this Contract, other
than the obligation of City to make the payments required under
Bo of this section, then if such party shall give notice and full
particulars of such force majeure in writing to the other party
within a reasonable time after occurrence of the event or cause
relied on, the obligation of the party giving such notice, so 'far
as it is affected by such force majeure, shall be suspended during
the continuance of the inability then claimed, but for no longer
period, and-any such party shall endeavor to remove or overcome
such inability with all reasonable dispatch° The term "Force
Majeure" as employed herein shall mean acts of God, strikes,
lockouts, or other industrial disturbances, acts of public enemy,
orders of any kind of the Government of the United States or the
State of Texas or any Civil or military authority, insurrection,
riots, epidemics, landslides, lightning, earthquakes, fires,
16
hurricanes, storms, floods, washouts, drouths, arrests, restraint
of government and people, c~zil disturbances, explosions, breakage
or accidents to machinery, pipelines or canals, partial or entire
failure of water supply, and inability on part of Authority to
deliver water hereunder for any reason, or the City to receive
water hereunder for any reason, or on account of any other causes
not reasonably within the control of the party claiming such
inability°
B. Recognizing that the Authority will use payments
received by City to pay, secure and finance the issuance of the
Bonds, it is hereby agreed that upon the issuance and sale of any
Bonds by the Authority to provide funds for the Project, City
shall be unconditionally obligated to pay that part of the
Annual Payment representing debt service on such Bonds, regard-
less of whether or not the Authority is actually delivering water
to City hereunder, or whether or not City actually takes water
hereunder, whether due to Force Majeure or otherwise° Under such
circumstances, the amount due to Authority from City shall be
the debt service on the Bonds for the period of any such failure
of service hereunder°
Section 7o LIMITATION OF AUTHORITY OBLIGATION. This
Contract is in all things subject to the Dallas Contract° By
the execution of this Contract, City acknowledges that it has
received and reviewed a true copy of such Contract° City agrees
17
that it will take no
Authority's contract with the Cit~ of
Section 8o
action which would cause
Dallas.
to cooperate with the
a violation of
SPECIAL CITY COVENANTS° Ao City agrees
City of Dallas and/or Authority in the
acquisition of rights-of-way within City necessary for the in-
stallation of a pipeline from the Elm Fork Treatment Plant to
Hackberry Junction and from the Takeoff Point to City's water
system and for the metering facilities as specified in the Dallas
Contract° City hereby authorizes the City of Dallas and Trinity
River Authority of Texas to exercise the powers of eminent domain
necessary for the acquisition thereof° ~e City of Dallas or
Trinity River Authority of Texas shall not require City to prose-
cute the action for condemnation° Subject to the prior approval by
City as to the route, City further agrees to allow the City of~Dallas
to acquire such rights-of-way as the City of Dallas may need to
extend subpipelines from such pipelines across City to serve the
City of Dallas customers, which customers sell water outside of
City°
B. City will grant to the City of Dallas and Authority the
necessary easements and rights-of-way within its public streets, alleys,
and ways to 'construct and maintain all the water facilities for the
pipelines covered hereunder and in the Dallas Contract that may lie
within City.
18
C. City will grant to the City of Dallas ingress to
and egress from its reservoirs by City of Dallas personnel, its
contractors, and agents for the purpose of installing, maintaining
and operating the devices, identified by paragraph 4 of Section
2°3 of the Dallas Contract° Said Dallas Contract is incorporated
by reference for all purposes required hereby°
D0 City will not pelnnit any person to make any water
connection or do any plumbing work on any of the water lines of
City except that such person be a licensed plumber under the laws
of this State and any governing ordinances, if any, or a licensed
plumber under the laws and ordinances of the City of Dallas°
E. It is further mutually understood and agreed that
City will maintain a careful inspection of its water mains and
exercise diligence and care in the maintenance of said water
mains within City, and in the installation of connections and
laterals that may be connected with the said water system within
City, and that the connections to be made within City shall be
made in strict conformity with
lations governing the operation,
State and Federal rules and regu-
maintenance and protection of
public water supplies and shall not by any rule or regulation of
City create a situation which will endanger the public water
system and supplies of the City of Dallas or its customer cities
or cause the City of Dallas to violate the State and Federal laws
relating to potable water supplies as they now exist or may exist
19
during the life of this Contract.Failure on tho part of City to
provide and enforce such regulations shall, after notice in
writing of the specific violation or violations, and the failure
of City to correct such violation or violations within a reason-
able time after receipt of such notice, terminate the Contract
between the City of Dallas and Trinity River Authority of Texas
under which water is supplied for City, such termination being at
the option of the City of Dallas.
Fo It is expressly agreed and understood that the City
of Dallas shall never be liable to City for the failure to furnish
an adequate water supply in any of the following events: (a) it
develops that the City of Dallas finds it necessary to restrict
or curtail the use of water under the Provisions of Paragraph 4 of
Section 1~0 of the Dallas Contract; (b) the pressure, amount pr qual-
ity of water fails; (c) the water becomes contaminated; or (d) the City
of Dallas becomes unable to furnish this water se~ice as a result
or any other reason beyond the control of the Cityofsabotage,
of Dallas°
G. It is anticipated that City will continue to maintain
and operate its present water supplies, well, and pump facilities.
It is agreed, however, that wherever inter-connection of the Dallas
system and the City system permits the possibility of any back-
flow of water from the City's system into the City of Dallas'
system by reason of pressure failures or for any other reason that
20
the City will maintain and operate these facilities in accordance
with the laws of the State of Texas
of their facilities°
H~ City agrees not
and will maintain State approval
to sell or transfer or permit the
sale or transfer of water which must be replaced by or obtained
from the City of Dallas to any.person or entity whose purpose is
the resale of such water nor to enter into any contracts for sale
of water to such persons or entities except upon prior written
approval by the City of Dallas, which approval may be granted
solely within the discretion of the City of Dallas°
Section 9o TERM OF CONTRACT; MODIFICATION; NOTICES.
A. TERM OF CONTRACT. ~is Contract shall be effective
upon execution hereof and shall continue in force and effect for
a period of thirty (30) years from the date the City of Dallas is
capable of delivering water to Authority and thereafter shall
continue in effect until all Bonds and refunding bonds issued in
lieu of the Bonds have bee~ paid°
Bo MODIFICATION° No change or modification of this
Contract shall be made which will affect adversely the prompt
payment when due of all moneys required to be paid by City under
the terms of this Contract and no such change shall be effective
which would cause a violation of any provisions of any resolution
of Authority authorizing the issuance of Bonds or any bonds issued
to refund any of the Bonds°
21
C. NOTICES° Ail notices or communications provided
for herein shall be in writing and shall be either delivered to
City or Authority, or,
mail, postage prepaid,
respective addresses°
D. SEVERABILITY.
if mailed, shall be sent by registered
addressed to City or Authority at their
The parties hereto agree that if any
of the provisions of this Contract should be or be held to be
invalid or to contravene the laws of this State, or the United
States, such fact shall not invalidate the whole agreement, but it
shall be construed as though not containing that particular pro-
vision, 'and the rights and obligations of the parties shall be'
construed and remain in force accordingly°
E. CONTINUED SERVICE° The parties hereto agree that
upon the expiration of thig Contract that City shall have the
right to continued service upon execution of.an appropriate
agreement between City and Authority°
IN WITNESS WHEREOF, the parties hereto acting under
authority of their respective governing bodies have caused this
Contract to be duly executed in several counterparts, each~of
22
which shall constitute an original, all as of the day and year
first above written°
TRINITY~RIVER AUTHORgTY OF TEXAS
t/
BY: /d/~7/¢ ~ 5,~..~~
General Manager
CITY OF COPPEI~L, TEXAS
Mayo~
23
WHOLESALE TREATED WATER CONTRACT
THE STATE OF TERAS )
COUNTY OF DALLAS )
THIS Contract made and entered into this
of , 1987, by and between the City
hereinafter called "Dallas," and the City of
hereinafter called "Coppell" or "Customer"
the day
of Dallas, Texas,
Coppell, Texas,
WHEREAS, Dallas and the Trinity River Authority, hereinafter
called "TRA," entered into a contract on the 21st of July, 1972, for
TRA to purchase treated water from Dallas for the purpose of resale
by TRA to Coppell.
WHEREAS, the :July, 1972, contract to provide water to TRA for
resale to Coppell will not provide adequate water supply to meet
Coppell's future needs and does not recognize present policy for
treated water contracts as contained in the Memorandum of Agreement
signed by the several Customer Cities and adopted by Dallas' -
Council; and
WHEREAS, Dallas and Coppell desire to enter into a standard
wholesale treated water contract to provide additional water supply
and connections for Coppell and recognize the present -policy for
treated water contracts; and
NOW, THEREFORE, Dallas and Coppell in consideration of the
terms, convenants and conditions herein contained, hereby agree as
follows:
W I T N E S S E T H:
1.0 WATER SALES:
1.1 Dallas agrees to deliver to Customer potable water in accordance
with the specifications and restrictions in Section 3.0 hereof.
Dallas agrees to provide potable water to meet volume and demand
requirements of Customer as provided herein.
1.2 Delivery of potable water to meet the requirements of Customer
is subject to and limited by available system supply and system
deliverability, as determined by the Director of Water Utilities of
Dallas. Such delivery shall not be unreasonably withheld.
1
2.0 DEMAND; CHANGES IN DEMAND:
2.1 "Demand" means the maximum rate of flow mutually established by
Customer and Dallas that may be taken by Customer within a Water
Year.
2.2 "Water Year" means the year beginning June 1 and ending May 31.
2.3 If Dallas fails to make available the currently established
demand for seven or more consecutive days the demand charge for such
days shall be calculated by using the maximum rate of delivery for
such days times the current annual demand charge divided by 365
times the number of days of reduced flow.
2.4 If Dallas fails to make available the currently established
demand for 30 or more consecutive days the demand charge for that
Water Year shall be calculated by using the maximum rate of delivery
for such days times the current annual demand charge.
2.5 Customer shall give reasonable notice to Dallas of anticipated
changes in demand requirements. Such notice shall be given at least -
6 months in advance if the requested change, when considered with
other pending or contemporaneous requests, does not require
construction of additional facilities. The Director of Water
Utilities of Dallas may waive the 6 month notice requirement for
good cause shown. If construction of additional facilities is
required, such advance notice as will be necessary to allow for
financing, design and construction of the needed facilities shall be
given.
2.6 Customer agrees to pay the total annual demand charge for any
increase in the agreed upon maximum demand during a Water -Year; and
for each Water Year to pay annual demand charges based on (1) the
current Water Year demand or (2) the highest demand established
during the five Water Years preceding, whichever is greater.
2.7 Customer agrees that Dallas' capability to provide increases in
demand or volume is subject to available supply and deliverability,
as determined by the Director of Water Utilities of Dallas.
3.0 DELIVERY POINT, ACCESS, ETC.:
3.1 Dallas agrees to deliver water contracted for by Customer at
delivery point(s) as delineated in Exhibit B attached hereto and at
such additional points as may be mutually agreed upon by both
parties. The cost of all delivery facilities, whether delineated in
Exhibit B hereof or mutually agreed upon at a later date, shall be
borne by Customer, except that Dallas may elect to require
oversizing of the delivery facilities for the benefit of Dallas or
other parties. If Dallas elects to oversize delivery facilities,
2
Dallas shall be responsible for oversizing costs to the extent of
the difference between Customer's required delivery facilities and
the oversize specified by Dallas. Unless otherwise mutually agreed
to by Dallas and Customer, Customer shall be responsible for the
design, contracting, construction and financing of facilities and
acquisition of any right-of-way for delivery of the water from the
Dallas system to the delivery point(s). Plans shall be submitted to
Dallas for written approval; and all designs, materials and
specifications shall conform to Dallas' requirements. Customer
agrees that Dallas has the right to make periodic inspections during
the construction phase of the delivery facilities. Final acceptance
of completed delivery facilities is subject to the written approval
of Dallas.
3.2 Unless otherwise agreed by both parties, Dallas shall construct
and maintain meter vaults, meters, and all associated facilities,
and obtain electric and telephone service in connection therewith,
if needed. Customer agrees to reimburse Dallas for actual
construction costs attributable to service of Customer, excluding
costs of engineering, design, telemetry equipment, telephone and
electric service.
3.3 Customer agrees that after final inspection and acceptance of
delivery facilities, Customer will convey title of those facilities
and rights-of-way in conjunction therewith to .-Dallas. Upon
conveyance of title to delivery facilities by appropriate
instrument(s) Dallas shall be responsible for operation and
maintenance thereof.
3.4 Customer agrees to provide ingress and egress for Dallas'
employees and agents to all its premises inside Customer's
boundaries to install, operate, inspect;- -test, -and maintain
facilities owned or maintained by Dallas within city limits of
Customer.
3.5 Dallas agrees to provide ingress and egress for Customer's
employees and agents to all premises inside Dallas' boundaries to
install, operate, inspect, test, and maintain facilities, and read
meters owned or maintained by Customer within Dallas.
3.6 It shall be the duty of either party to this Contract to notify
the other party in the event that the meter(s) is registering
inaccurately or malfunctioning so that the meter(s) can be promptly
repaired. Each meter will be operated and maintained so as to
record with commercial accuracy. Dallas will notify Customer prior
to any meter tests. Either party has the right to request a meter
be tested with the other party having the right to witness, such
test. If Customer requires an independent testing service be used,
Customer shall pay the cost of said testing service if the meter(s)
is found to be accurate. If meter(s) is found inaccurate, Dallas
shall pay the costs of said testing service.
97
EXHIBIT C, incorporated herein and made a part of this Contract,
contains additional stipulations on Conditions of Service and
Delivery Points.
4.0 BOOKS AND RECORDS:
Dallas agrees that Customer or its agent may have access to the
books and records of Dallas Water Utilities at reasonable times.
Customer agrees that Dallas or its agent may have access to the
books and records of the Customer's Water Utilities at reasonable
times.
5.0 ADDITIONAL SURFACE WATER SUPPLIES:
5.1 If Customer develops or acquires additional surface water
supplies from any source other than Dallas, resulting in reduced
demand from Dallas, then Dallas is released from the obligation to
supply the demand amount mutually established under Section 2
hereof. In such event, Dallas may adjust its supply obligation to
levels commensurate with Customer's reduced demand.
5.2 If, within the term of this Contract, Customer totally or
partially discontinues taking water from Dallas because such other
water supplies have been developed or acquired, Customer shall for
five years or the balance of this Contract, whichever is less,
remain liable for demand charges at the billing level in effect at
the date of notification of such partial or total cessation. This
obligation, once established, shall serve as liquidated damages and
is intended to compensate Dallas for the expenditures incurred on
Customer's behalf for the cost of installation of supply,
transmission, treatment, delivery and service facilities. Provided,
however, that Dallas may waive Customer's obligation in the event- of
nominal reductions based on Customer's plans if Dallas has received
prior notice of the plans and concurred in the reduction. It is
agreed by the parties that liquidated damages are a reasonable
substitute for compensatory damages which are difficult or
impossible to calculate herein. This obligation is intended by the
parties not to be a penalty, but instead, a reasonable measure of
damages.
6.0 RESALE:
Customer agrees not to sell water purchased from Dallas to any
person or entity outside the corporate boundaries of the City of
Coppell (as may be adjusted from time to time) unless Customer has
received prior written approval from the Director of Water Utilities
of Dallas. In granting such authorization, Dallas may establish the
terms and conditions of the conveyance of such water including, but
not restricted to, the setting of monetary rates for sale of such
water. "Convey" means sell, trade, donate, exchange, transfer
title, or contract therefor.
0
7.0 RATES AND PAYMENT:
7.1 Rates charged Customer, including demand charges established
herein, shall be established by ordinance of Dallas. The capital
costs contributed by the Customer for delivery facilities and
metering facilities shall be excluded from the rate base.
7.2 Customer understands that Dallas City Council has the right by
ordinance to revise the rates charged, from time to time as needed,
to cover all reasonable, actual and expected costs. Any revision of
rates shall be pursuant to principles set forth in the Memorandum of
Agreement attached hereto. Dallas shall give Customer a minimum of
6 months notice of intent to revise rates. Dallas will furnish
Customer a draft copy of the Cost of Service Study for Proposed
Rates thirty (30) days prior to Dallas submitting a rate increase
request to its City Council.
7.3 Customer agrees to give Dallas a minimum of 30 days notice of
intent to protest rates or any other condition of service.
7.4 Dallas agrees to render a statement of charges monthly., Payment
is due upon receipt of statement. Customer agrees to pay promptly.
Demand charge shall be billed monthly.
7.5 In the event a meter(s) is discovered malfunctioning, then the
amount of water that has passed through the meter will be estimated
for each day the meter has not functioned correctly. The last
correctly measured monthly consumption will be used as a basis for
mutually computing the amount of water delivered to Customer during
the time the meter has not been functioning correctly.
8.0 CURTAILMENT:
8.1 Customer agrees that if water supplies or services are curtailed
within Dallas, Dallas may impose a like curtailment on deliveries to
Customer. Customer will cooperate by imposing conservation measures
upon its sales.
8.2 Customer agrees to develop a water conservation plan which
incorporates loss reduction measures and demand management practices
designed to insure that the available supply is used in an
economically efficient and environmentally sensitive manner. Upon
request, Customer will furnish a copy of its conservation plan to
Dallas.
8.3 To the extent Dallas imposes restrictions or grants privileges
of general applicability to itself and customer cities, including
rules relating to the curtailment of water delivery and
availability, Dallas agrees to impose such restrictions and grant
such privileges equitably and in a non-discriminatory fashion.
9.0 RIGHTS-OF-WAY AND STREET USE:
9.1 Customer agrees to furnish any rights-of-way necessary within or
without Customer's boundaries for Dallas to make delivery of water
as provided in Section 3 hereof, and to convey such rights-of-way to
Dallas as therein provided.
9.2 Customer agrees that with prior written approval of Customer,
Dallas may use street's, alleys and public rights-of-way within
Customer's boundaries for pipeline purposes to provide water to
Customer or to other customers without charges or tolls, provided
that Dallas makes the necessary repairs to restore the streets,
alleys or public rights-of-way used to their original condition.
Such use and repairs shall be pursuant to the terms and conditions
of the conveyance Customer duly grants for such purposes.
9.3 Dallas agrees that, with prior written approval of Dallas,
Customer may use Dallas streets, alleys and public rights-of-way,
within Dallas boundaries for pipeline purposes to provide water to
Customer without charges or tolls, provided Customer makes necessary
repairs to restore the streets, alleys or public rights-of-way used
to their original condition. Such use and repairs shall be pursuant
to the terms and conditions of a private •license duly granted by the
Dallas City Council.
10.0 STANDARDS:
10.1 Customer shall protect Customer's storage and distribution
system from cross connections under the specifications required by
health standards of the State of Texas.
10.2 Customer agrees to provide air gaps for any ground storage and - -
backflow preventers for any elevated storage. - -
10.3 Customer agrees to provide internal storage sufficient to meet
its emergency needs and to maintain a reasonable load factor for
deliveries from Dallas to Customer.
11.0 MEMORANDUM OF AGREEMENT:
The Memorandum of Agreement, attached hereto and marked Exhibit
A, effective December 17, 1979, and executed by various Customer
entities is incorporated herein, as if copied word for word and is
made a part of this Contract. Any revision of the Memorandum of
Agreement, according to its terms and not in conflict herewith,
shall automatically be incorporated and become a part of this
Contract.
12.0 FORCE MAJEURE, ETC.:
12.1 If, for any reason, not reasonably within the control of the
party so claiming, either party hereto shall be rendered in whole or
Cl
in part unable to carry out its obligations under this Contract,
then that party's obligation shall be suspended during the
continuance of the inability then claimed, but for no longer
period. Such party shall endeavor to remove or overcome such
inability with all reasonable dispatch.
I
12.2 Dallas shall not be liable in damages for damage to Customer's
water mains or water system resulting from the rate of flow or
quantity of water delivered.
12.3 Customer hereby agrees to hold Dallas whole and harmless from
any claims or damages arising as a result of the chemical or
bacteriological content of water provided to the Customer, unless
the damages resulting from the chemical or bacteriological content
of the water are caused by the negligence of Dallas.
12.4 Customer agrees and is bound to hold Dallas whole and harmless
from any act or omission of any representative, agent, customer,
employee, and/or invitee of Customer.
12.5 Recognizing that Dallas' and Customer's undertakings as
provided in this Contract are obligations, the failure in the
performance of which cannot be adequately compensated in money
damages, Dallas and Customer agree that, in the event of any
default, the other party shall have available to it the equitable
remedy of specific performance in addition to other legal or
equitable remedies which may be available to such party.
13.0 SPECIAL PROVISIONS:
Special provisions applicable to this Contract are attached
hereto and styled Exhibits B and C. These Exhibits are incorporated
herein, as if copied word for word.- Exhibit B delineates the
delivery facilities. Exhibit C contains provisions peculiarly
applicable to the contract with Customer and supplements provisions
of this standard Contract.
14.0 TERM•
This Contract shall remain in force and effect for a term of 30
years, from the date of execution of the Contract.
15.0 VENUE:
The parties herein agree that this Contract shall be enforceable
in Dallas, Texas, and if legal action is necessary to enforce it,
exclusive venue shall lie in Dallas County, Texas.
7
16.0 NO VERBAL AGREEMENT:
This Contract contains all commitments and agreements of the
parties hereto and no verbal or written commitments shall have any
force or effect if not contained herein.
17.0 APPLICABLE LAWS:
This Contract is made subject
State of Texas and the United States.
18.0 CONTRACT INTERPRETATION:
to all applicable laws of the
In interpreting the various provisions of this Contract in a
Court of Law, any said court having jurisdiction shall apply the
laws of the State of Texas to interpret the terms and provisions of
this Contract.
19.0 CAPTIONS:
The captions to the various clauses of this Contract are for
informational purposes only and shall not alter the substance of the
terms and conditions of this Contract.
20.0 NOTICES:
Any notice required under this Contract may be given to the
respective parties at the following addres=es by Certified Mail,
postage prepaid:
Customer Dallas
City of Coppell, Texas City of Dallas, Texas
Attn: City Manager Attn: City Manager
P.O. Box 478 City Hall
Coppell, Texas 75019 Dallas, Texas 75201
EXECUTED as of the day of 1987, on
behalf of the CITY OF DALLAS by its City Manager, duly authorized by
City Council Resolution No. 87- , adopted on D G.t. a-%
L
19t,,7 and approved as to form by its City Attorney; and on behalf of
the CITY OF COPPELL, by its duly authorized officials.
APPROVED AS TO FORM:
ANALESLIE MUNCY
City Attorney
CITY OF DALLAS
RICHARD KNIGHT, JR.
City Manager
BY BY
Assistant City Attorn Assistant City ManagerSubmiiteedyoCityAttomeY,
APPROVED AS TO FORM: CITY OF COPPELL
BY
ZHEty Attorney Lou Duggan, -4fiyor
ATTEST:
BY
City Secretary
4671H
N
EXHIBIT A
MEMORANDOM OF AGREEMENT
1. Purpose: The purpose of this agreement is to settle current
rate disputes, and to provide a basis for determining rates in
the future.
2. water Svstem Policy: Dallas operates a water system to provide
safe and reliable water supply, adequate for the current water
use and future growth of Dallas and customer cities, and to
avoid any substantial subsidization of any class of customers by
any other class of customers.
3. Resnonsibilities:
a. Dallas is responsible for planning, financing, constructing
and operating the water supply system to the extent
permitted by available water revenues, for developing cost
of service information to support -rate changes, and for
informing customer cities of changes and financial data.
b. Customer cities are responsible for keeping Dallas informed
concerning their projected water supply needs and operating
requirements, for planning and managing their system to
promote water conservation and efficient system operation,
and for paying rates adequate to cover costs incurred in
providing service to them.
4. Rate Setting Princioles (for wholesale treated water)
a. Revenue requirements are to be determined 6n utility basis,
at original cost.
b. Dallas is to receive a rate of return on rate base equal to
embedded interest rate plus 1.51, which is agreed to be an
adequate return to cover its costs and risks and as
compensation for ownership and management responsibilities.
C. All existing and future . reservoirs - and associated - -
facilities are to be included in common rate base.
Customer cities as a class, shall pay their proportionate
share of costs for reservoir storage, including that
portion held for future use. Initially, customer.. cities
shall cover 261 of total reservoir costs. This percentage
shall be increased or decreased in direct proportion to
future changes in actual usage in conjunction with periodic
cost of service studies. (Dallas nays the balance.) - -
Allocation of other costs is to be based on current use.
d. There will be a two part rate (volume and demand), with
allocation of costs in rate design to encourage efficient
operation of water system. ,
e. At the end of ten years, and each ten years thereafter, the
City of Dallas or a majority of customer cities who are a
party to this agreement may request a review of the above
rate setting principles; and if so, the principles shall be
subject to renegotiation.
5. Initial Rates and Rate Base Allocations: The initial rates
accepted under this agreement are:
1
Rate of Flow Cont:olle: Cities - 10.420/1000 gal
and $36,793/mgd
Flat Rate cities 43.00/1000 gal
Initial Rate Base Allocations shall be as follows:
Reservoirs ' 25.71
Raw Water Transmission 19.44
Purification Facilities 19.44
Treat -ed Water Transmission 19.44
Distribution 2.34
Other/Administration 14.41 -
DaFia9 will prepire a cost of service study to support these
rates and allocations, and will submit it to the customer cities to
review and accept prior to submission to the Texas Water Commission.
S. Tera: The term of this agreement is 'thirty years, and such
additional periods as the parties may agree upon.
7. Anoroved chances: Changes in the rate setting principles or
other conditions may be made by mutual agreement of all parties
at any time. If any state or federal governmental agency having
jurisdiction disapproves any material part of this agreement
during the term, the agreement is subject to cancellation by any
party.
8. Individual contracts for wholesale water service between Dallas
and customer cities will be consistent with this Memorandum of
Agreement. Dallas and customer cities will honor their existing
water service contracts.
9. Individual Interest *in Reservoir -the City of Dallas will
negotiate with such customer cities that desire to purchase an
individual interest in the present Dallas reservoir system.
This offer to negotiate shall not extend past 9/1/82.
10. Execution of this agreement by the undersigned indicate that
such individuals will recommend to their respective city
councils or governing boards settlement of _the rate controversy
on the basis set forth herein. -- - ---- --- ---
City of Addison
By:
City of Balch Springs
By: .K.taINJL'l
Water Control and Improvement
District No. 6
S
By:
City of Farmers Branch
By:
Flower Mound Municipal
Utility District tl
rl
City of Grand Prairie
v
Cit` Carrollto
t
By:
Cityof Ce l
By':X/
C/ -- o S
B /
Ci
By
City of Desoto
By:
As approved b Re lotion 7? attached
City of Duncanville
By:
r
5445B/did
City of Hutchins
City of Irving
By:
City of Lancaster
By:
69
r G.
City of Richardson
By: Q
City of Seagoville
By:
hereto.
City of Dallas
Effective Date: The above Memorandum of Agreement was approved by the governing
body of the parties executing same. .The rates provided for therein were
implemented by an ordinance passed by the Dallas City Council on December 12.
1979 and the complaints of all customers executing such agreement were dismissed
by the Texas ;later Commission on December 17. 1979. Such agreement therefore
became effectiv? on December 17. 1979.
M
EXHIBIT B
DELIVERY FACILITIES
Description: At the effective date of this Contract, the location and
capacity of metering facilities to serve Customer under
this Contract have not been determined. Such facilities
will be determined by an Engineering study to be funded
by Coppell. It is anticipated that the study will be
concluded within twelve months of the effective date of
this Contract. Coppell agrees that the study shall be of
adequate scope and depth to allow evaluation and address
compliance with the "Conditions of Service for Treated
Water Customers", Dallas Water Utilities, January 1985.
B - 1
EXHIBIT C
SPECIAL CONTRACT CONDITIONS/AGREEMENT
SPEC ONS
The following conditions and clarifications are agreed to by Dallas and
Coppell in regard to the following conditions of this contract:
C1.0 WATER SALES
This Contract does not pertain to delivery of treated water
through the existing connection point on Sandy Lake Road. That
connection provides water to the Trinity River Authority for
resale to the City of Coppell under terms of a Dallas TRA
contract of July 21st, 1972. Technical and administrative
matters in regard to that connection and contract shall be kept
separate from connectins developed under this Contract.
However, if after the execution date of this Contract, Coppell
acquires Trinity River Authority's rights in their present
delivery facilities, those facilities will, at Coppell's
option, be acceptable to Dallas as delivery facilities under
this Contract.
C3.0 DELIVERY POINT
Customer agrees to develop master plans in conformance with the
Conditions of Service for Treated Water Wholesale Customers",
Dallas Water Utilities, January 1985 to identify delivery
points to serve the City of Coppell. Plans will be made
available for Dallas' review in a form acceptable to Dallas,
within twelve months of the effective date of this Contract.
Customer accepts the "Conditions of Service for Treated Water
Wholesale Customers" as may .be revised from time -to -time as a
condition of this Contract. - -
C14.0 TERM
Customer shall commence planning, design and construction of
delivery points and start to take water under this Contract no
later than May 31, 1992.
Except for any conditions beyond Customer's control, as
contemplated by Condition 12.0, in which instance Dallas will
agree to a reasonable extension of the May 31, 1992 deadline
for Customer to start taking water under this Contract, if
Customer does not start to take water under this Contract by
May 31, 1992, Dallas shall have the sole right to terminiate
this Contract.
C - 1
ADMINISTRATIVE ACTION NUMBER
ADMINISTRATIVE
ACTION
(See Administrative Directive 4-5)
INSTRUCTIONS
1.Complete and submit this form for approval of:
a.Low bid.budgeted construction,service or repair contracts of at least $10,000 but not more than $50,000.
b.Change orders to competitively bid contracts of S15.000 or less.
c.Budgeted letters of agreement,construction,purchase,service or repair contracts less than $10,000.
d.Professional Personal service contracts of $10,000 or less.
e.Amendments to non-bid contracts of $10,000 or less,or any decrease,subject to City Code Sec.2-37.1.1
2.Attach all supporting documents.
3.See Administrative Directive 4-5,Sections 6,7,8 and 9 for instructions on contract routing and preparation.
SUBJECT j TO:BUDGET AND RESEARCH DATE
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ACTION REQUESTED
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Other Minority (Asian-Pacific,Asian-American,Native American)Amount of Previous Change Orders
M WBE Certification Number
_____________________________
Amount Including this Order
_____________________________________________
Total Change Order Percentage
COORDINATION APPROVAL -
BUDGET &RESEARCH FINANCE Aooroied as being n accordance w’th the Budget a.etiagtRr 2 of the Dallas Cty Code
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_______________________________.
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S/N 753-038-150
THE STATE OF TEXAS )
SUPPLEMENTAL AGREEMENT NO. 2
TO TREATED WATER CONTRACT
COUNTY OF DALLAS
THIS SUPPLEMENTAL AGREEMENT NO. 2 to that certain Contract,
dated November 18, 1987, ("the Contract") by and between the CITY OF
DALLAS, TEXAS, a Texas municipal corporation, hereinafter called
Dallas", and CITY OF COPPELL, TEXAS, a Texas municipal corporation,
hereinafter called "Coppell", evidences the following:
1. The scope of services is hereby amended as follows:
N/A
2. The term of the Contract is revised as follows:
NO CHANGE
3. The Contract is further amended as follows:
a) The Contract is amended to include Exhibit D governing
reciprocal water/wastewater service, attached to and made a part
of this Supplemental Agreement.
b) Section 13 of the Contract is amended to read as
follows:
1369E
913.0 SPECIAL PROVISIONS:
Special provisions applicable to this Contract
are attached hereto and styled Exhibits B, C and D.
These Exhibits are incorporated herein, as if copied
word for word. Exhibit B delineates the delivery
facilities. Exhibit C contains provisions peculiarly
applicable to the contract with customer and
supplements provisions of this standard Contract.
Exhibit D contains provisions of the Reciprocal Water
and/or wastewater Service Agreement."
1
The class of service contemplated by this paragraph 2
anticipates a temporary connection until such time as the city
requesting service will have water and wastewater mains
available. This category of service requires consideration on
an individual case basis. Determination will be rendered upon
written request being made by the city in which the potential
customer is located. Nothing contained herein shall require
that either city will be compelled to accept a customer classed
under this paragraph 2 after a determination by the servicing
city that service is not economical or otherwise not in the best
interest of the servicing city.
A. Service will be provided to the following type customers
whose properties are located immediately adjacent to or in
reasonable proximity of the common boundary:
1) Single family residences or duplexes where mains are not
in place.
2) Individual commercial and industrial properties
containing no more than 200,000 square feet of building floor
space, provided that commercial or industrial facilities in
excess of 200,000 square feet consuming only nominal amounts
of water or contributing only nominal amounts of wastewater
may be considered as an exception to this provision.
3) Specific residential subdivisions consisting of no more
than 20 single family units and apartment complexes,
townhouses or other types of multiple dwelling units
consisting of no more than 35 single family units in the
immediate area for which service is being requested.
B. The city providing the water and/or wastewater service
contemplated hereunder shall charge the customer so served the
same rates and associated charges as charged customers whose
property lies within its own areas and boundaries.
C. As a precondition of receiving service, the customer being
served may also be required to pay all or part of the costs
determined to be necessary to extend service and to pay the
normal service charges for the type service being offered.
Applicability of costs of extending service shall be determined
by the officials designated in paragraph 4.A. of this agreement.
Normal service costs will be determined as contemplated by
paragraph 1.C. All construction work shall meet the
specifications of the city within whose boundaries the
facilities are constructed.
3. TEMPORARY RECIPROCAL SERVICES PROVIDED (1) DIRECTLY TO BORDERING
CITIES AND (2) TO COMMERCIAL, INDUSTRIAL OR OTHER COMPLEXES NOT
CONTEMPLATED BY PARAGRAPH 2.
EXHIBIT D
RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT
1. RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT FOR SINGLE
FAMILY RESIDENCES OR DUPLEXES - WHEN SERVICING CITY HAS MAINS IN
PLACE
The City of Dallas, Texas, hereinafter called "Dallas" and the
City of Coppell, Texas, hereinafter called "Coppell", hereby
mutually agree, that when mains of the servicing city are
currently in place, to provide water and/or wastewater service
to customers along public streets, roadways, alleys and
easements upon written request of either city to the other,
provided that neither city will be required to provide such
service to customers of the other city if doing so would result
in a need for substantial construction or diminution of the
level of service being provided to other customers of said city.
A. Service will be provided to single family residences or
duplexes situated on no more than one acre of land located
immediately adjacent to the common boundary.
B. The city providing the water and or wastewater service
contemplated hereunder shall charge the customer so served the
same rates and associated charges as charged customers whose
property lies within its own areas and boundaries.
C. The customer being served will be required to pay a
connection service charge to the city furnishing service. The
connection service charge shall be the then current amount
established by the servicing city's ordinances. If a service
charge is not specified by the current ordinances for the size
or type service to be provided, the service charge shall be the
servicing city's actual cost for rendering the service.
2. RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT FOR• (1)
Dallas and Coppell hereby mutually agree to provide temporary
water and/or wastewater service to customers along public
streets, roadways, alleys and easements upon written request of
either city to the other, provided that neither city will be
required to provide such service to customers of the other city
if doing so would result in a need for substantial construction
or diminution of the level of service being provided to other
customers of said city.
1
When services are requested and it is determined by the city
from which service is requested that the service is appropriate
and can be offered without diminution of the level of service
being provided to other customers of the servicing city, Dallas
and Coppell hereby mutually agree to provide temporary water
and/or wastewater service on a reciprocal basis when (1) the
service to be furnished is to be provided directly to the
reciprocating city as the customer or (2) the service to be
furnished is for a commercial, industrial, or other customer not
meeting the criteria for service consideration in paragraph 2.
The class of service contemplated by this paragraph 3 shall be
offered at the option of the servicing city. Determination of
service feasibility will be rendered upon written request being
made by the city requiring service. Nothing contained herein
shall require that either city will be compelled to offer
service after a determination by the servicing city that service
is not economical or otherwise not in the best interest of the
servicing city.
The city providing the water and/or wastewater service
contemplated hereunder shall charge the customer so served the
same rate and associated charges as charged customers whose
property lies within its own areas and boundaries.
The city requesting the service shall pay full cost of any
extension, facilities or improvements required to make the
service available. The amount of the charges shall be
determined by the officials designated in paragraph 4.A. of this
agreement. All construction work shall meet the specifications
of the city within whose boundaries the facilities are
constructed.
4. GENERAL TERMS AND CONDITIONS
Service will be provided from mains in the public streets,
roadways, alleys and easements existing along the common
boundaries of Dallas and Coppell under the following terms and
conditions, which shall apply equally to either city:
A. The city requiring services shall initiate the request for
reciprocal services by forwarding a written request for service.
The request shall be accompanied by a map which identifies the
location of the proposed properties. Approval of requests for
service shall be in writing and will be forwarded or approved by
the following:
For the City of Dallas
Director, Dallas Water Utilities
City Hall
1500 Marilla - 4AN
Dallas, Texas 75201
3
For the City of Coppel
City Manager
P.O. Box 478
Coppel, Texas 75019
B. Meter boxes, service lines, laterals and other facilities
necessary to provide service shall, upon installation, become
the property of the city furnishing service.
C. The customer to be served will sign a contract with the city
furnishing service, agreeing to abide by all the ordinances of
that city which relate to the furnishing of said service.
D. The city requesting service hereunder hereby grants to the
city providing such service authorization to go upon the public
streets, roadways, alleys and easements of the former city for
the purpose of installing, maintaining and removing such
facilities as are necessary to provide service.
E. If at any time the city requesting service hereunder shall
construct a main capable of providing water and/or wastewater
service to any customer being served under the terms of this
agreement, then upon request the city so providing the service
shall terminate same, reserving the right to remove its meters
and materials from the property previously served, provided, the
customer shall have a reasonable time, not to exceed one month,
to connect to the new service.
F. In the cases where a customer receives water service from one
city and wastewater service from the other, the city furnishing
water service will provide the other city with monthly meter
readings and water consumption information on such customers and
will permit appropriate employees of the city furnishing
wastewater service to read and examine the meters serving such
customers to determine the accuracy of readings so furnished and
to permit appropriate employees of the city furnishing
wastewater service to examine water consumption records of such
customer, provided that no meter shall be removed or adjusted
except by the city furnishing water service.
5. CLAIMS OF LIABILITY
It is further mutually agreed, by Dallas and Coppell that insofar
as the services contemplated hereunder are performed by either
city within the jurisdiction of the other city and to that
extent only, Dallas, and Coppell hereby mutually agree that they
will release, hold harmless and defend the other city from all
claims of liability which result from damage to property (real
or personal) or persons arising directly or indirectly from the
performance of the services provided for hereunder.
4
4. All other terms, provisions, conditions, and obligations of
the Contract between Dallas and Coppell shall remain in full force
and effect, and said Contract, as same may have previously been
amended, and this Supplemental Agreement No. 2 shall be construed
together as a single contractual agreement.
Executed this day of ZzlnfI A 1994, by
Dallas, acting through its City Manager, duly authorized by Council
Resolution No. 94-114z, approved on 9 , 1994, and by
Coppell, acting through its duly authorized officials.
APPROVED AS TO FORM:
SAM LINDSAY
City Attorney
BY
ssistant City Attorne
Submittea to :.o '!
APPROVED AS TO FORM
BY
ity Attorney
1369F
1 3 6 9 F
CITY OF DALLAS
JOHN WARE
Citnager
BY
Assist%Tlt City Manager
CITY OF COPPELL
2
ty Manager
CITY OF COPPELL
PUBLIC WORKS
HAND WRITTEN MEMORANDUM
DATE:L-,;, 13/J
MESSAGE:
PS
Y
COUNCIL *"BER 943991
October 26, 1994
WHEREAS, the City of Coppell currently contracts with the City
of Dallas for the purchase of treated water from Dallas under the
terms of a 30 year wholesale treated water contract dated November
18, 1987; and
WHEREAS, the City of Dallas and the City of Coppell share a
common corporate boundary line in the vicinity of the reservoir
called North Lake; and
WHEREAS, the City of Dallas and the City of Coppell desire to
make arrangements for the providing of retail reciprocal water and
wastewater services from one city to the other along the common
corporate line when the city requiring the service does not have
water or wastewater facilities available; and
WHEREAS, the reciprocal water and wastewater services will be
provided at no cost to either the City of Dallas or the City of
Coppell; and
WHEREAS, the Cities of Dallas and Coppell desire to amend the
wholesale treated water contract to include an Exhibit D governing
the providing of water and wastewater reciprocal services; and
WHEREAS, the wholesale treated water contract can be amended
to include the Exhibit D with a Supplemental Agreement No. 2; Now,
Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager be and is hereby authorized
to enter into Supplemental Agreement No. 2 to the wholesale treated
water contract with the City of Coppell after approval of the
supplemental agreement by the City Attorney.
Section 2. That this resolution shall take effect from and
after its passage in accordance with the provisions of the Charter
of the City of Dallas and it is accordingly so resolved.
APPROVED BY
CITY COUNCIL
40/4-
City Secretary
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WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – PAGE 1 OF 15
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND
THE CITY OF COPPELL
STATE OF TEXAS §
§
COUNTY OF DALLAS §
THIS WHOLESALE TREATED WATER CONTRACT (“Contract”) is made and entered
into this the ___ day of ______________, 2017, by and between the CITY OF DALLAS, a Texas
home rule municipality (hereinafter called “Dallas”), and the CITY OF COPPELL, a Texas home
rule municipality (hereinafter called "Customer").
WHEREAS, Customer currently purchases wholesale treated water from Dallas, and
Dallas currently delivers and sells wholesale treated water to Customer as set forth under the terms,
covenants, and conditions stated in the Current Contract; and
WHEREAS, the Current Contract with Dallas will expire on November 18, 2017; and
WHEREAS, Dallas and Customer desire to enter into a new wholesale treated water
contract; and
NOW, THEREFORE, Dallas and Customer, in consideration of the mutual terms,
covenants, and conditions contained in this Contract, agree as follows:
Article 1. DEFINITIONS
1.1 Definitions. In addition to the definitions stated in the preamble hereof, the following
words and phrases as used in this Contract, unless the context clearly shows otherwise, shall have
the following meanings:
“Convey” means sell, trade, donate, exchange, transfer title or contract therefor.
“Current Contract” means that certain Wholesale Treated Water Contract dated and
effective November 18, 1987 by and between Dallas and Customer.
“Customer’s Service Area” means the area within Customer’s incorporated limits, as
amended from time to time through annexation or disannexation, and any service area described
now or hereafter for the provision of retail public water service, even if such service area is outside
of Customer’s incorporated limits, such service area on the Effective Date being as set forth in
Exhibit “B,” attached hereto and incorporated herein by reference.
“Delivery Facilities” means the pipes, valves, meters, and other associated equipment and
appurtenances necessary to connect Dallas’ water distribution system to Customer’s water
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – PAGE 2 OF 15
distribution system at the Delivery Points so that delivery of Treated Water from Dallas to
Customer is made possible.
“Delivery Points” means those locations set forth in Exhibit “C,” attached hereto and
incorporated herein by reference, or as may be added to or deleted by agreement of the parties
from time to time, where Dallas’ water distribution system connects to Customer’s water system
and at which delivery of Treated Water occurs to Customer.
“Demand” means the maximum rate of flow of Treated Water that may be taken by
Customer from Dallas within a Water Year.
“Demand Schedule” means Customer’s written estimate of Customer’s annual
requirements for delivery and use of Treated Water from Dallas.
“Director” means the Director of Dallas’ Department of Water Utilities, or the Director’s
designated representative.
“Effective Date” shall mean November 18, 2017.
“Memorandum of Agreement” or “MOA” means that certain Memorandum of Agreement
for Wholesale Treated Water effective June 21, 2010, by and among Dallas, Customer and other
local governmental entities, a copy of which is attached hereto as Exhibit “A,” and incorporated
herein by reference.
“TCEQ” means the Texas Commission on Environmental Quality or its successor agency.
“Treated Water” means raw water that has been treated and purified to at least Drinking
Water Standards as required by applicable TCEQ rules and regulations for Public Water Systems,
as amended from time to time.
“TWDB” means the Texas Water Development Board.
“Volume” means the actual amount of Treated Water delivered to Customer’s Delivery
Points on a daily basis.
“Water Year” means the period described by applicable ordinance of the City of Dallas, as
may be amended from time to time, which on the Effective Date begins on June 1st of each calendar
year and ends on May 31st of the immediately subsequent calendar year.
Article 2. TERM; TERMINATION OF CURRENT CONTRACT
2.1. Term. This Contract shall remain in full force and effect for a term of thirty (30) years
from November 18, 2017 (“Effective Date”) unless terminated earlier as provided herein.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – PAGE 3 OF 15
2.2 Termination of Current Contract. Upon the Effective Date, the Current Contract shall
be null, void, and of no further legal force or effect except as to any provisions that expressly
survive the termination of the Current Contract.
Article 3. WATER SALES
3.1 Sale and Delivery of Treated Water. Dallas agrees to sell and deliver to Customer, on a
wholesale cost basis, Treated Water in accordance with the specifications and restrictions
contained in Article 4 of this Contract and in sufficient quantities to meet Customer’s Volume and
Demand requirements as provided in this Contract.
3.2 Limitations on Delivery. Customer understands and acknowledges that delivery of
Treated Water to meet Customer’s Volume and Demand requirements is subject to and limited by
available system supply and system deliverability, as reasonably determined by the Director as
well as events of Force Majeure; provided, however, delivery of Treated Water to Customer shall
not be unreasonably withheld or reduced.
3.3 Demand Schedule. Not later than 60 days after the Effective Date, Customer shall provide
to Dallas a Demand Schedule which factors in any reasonably anticipated increases or decreases
in Demand during the term of this Contract. Customer shall either reaffirm or, if necessary, revise
and update the Demand Schedule not later than ninety (90) days prior to the end of the fifth, tenth,
fifteenth, twentieth, and twenty-fifth anniversaries of the Effective Date of this Contract.
Customer shall also either reaffirm or update the Demand Schedule not later than ninety (90) days
following receipt of a written request for same from Dallas.
3.4 Customer Changes in Demand. Customer may from time to time change its Demand as
set forth in the Demand Schedule subject to Section 3.7 below. Except as provided in the Special
Condition contained in Exhibit “D,” Customer shall be required to pay Dallas the Annual Demand
Charge based on Section 3.8.
3.5 Failure to Deliver Demand – Seven Days. If Dallas fails to make available the currently-
established Demand for seven (7) or more consecutive days, the Demand charge for each such day
shall be an amount equal to the maximum rate of delivery of Treated Water for each day in which
full Demand was not met, multiplied by the current Annual Demand charge, then divided by 365,
then multiplied by the number of days the Demand was not met. The Demand is calculated daily
and is not an averaging of the water delivered for those affected days.
3.6 Failure to Deliver Demand – Thirty Days. If Dallas fails to make available to Customer
the currently-established Demand for thirty (30) or more consecutive days, the Demand charge for
that Water Year shall be calculated by using the maximum rate of delivery of Treated Water to
Customer for the days in which the full Demand was not met, multiplied by the current Annual
Demand charge.
3.7 Notice of Demand Changes. Customer shall give reasonable notice to Dallas of
anticipated changes in its Demand. Such notice shall be given not less than six (6) months in
advance of the effective date of the change if the requested change, when considered with other
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – PAGE 4 OF 15
Dallas Wholesale Treated Customer requests, does not require the construction of additional
facilities. The Director may waive the six-month notice requirement for good cause shown. If
construction of additional facilities is required, enough additional advance notice shall be given as
is necessary to allow for financing, design, and construction of the needed facilities.
3.8 Year on Which Annual Demand Charge is Based. Except as provided in Sections 3.5
and 3.6, Customer agrees, for each Water Year, to pay annual Demand charges based on the greater
of: (a) the Demand for the current Water Year; or (b) the highest Demand established during the
five (5) Water Years preceding the current Water Year.
Article 4. DELIVERY POINTS AND METERING FACILITIES
4.1 Delivery Point. Dallas agrees to deliver Treated Water sold to Customer for use within
Customer’s designated Service Area as identified in Exhibit B, at the Delivery Point(s).
4.2 Cost of Delivery Facilities. Except as set forth in Sections 4.3, 4.4, and 4.5, the cost for
design and construction of all proposed Delivery Facilities, whether designated in Exhibit C or
mutually agreed upon at a later date, shall be borne by Customer. Unless otherwise mutually agreed
to by Dallas and Customer, Customer shall be responsible for the design, contracting, construction,
and financing of Delivery Facilities and for the acquisition of any right-of-way for delivery of
Treated Water from the Dallas water system to the Delivery Points.
4.3 Oversizing of Delivery Facilities. Dallas may elect to oversize a proposed Delivery
Facility for the benefit of Dallas or other parties. If Dallas requires oversizing of a proposed
Delivery Facility, Dallas shall be responsible for oversize costs to the extent of the documented
difference in cost between the size of the Delivery Facility required for Customer’s need and the
size of the Delivery Facility specified by Dallas, including, but not limited to, any additional right-
of-way or other temporary or permanent interests in real property that would not otherwise be
required without the oversizing of the Delivery Facility. If Customer decides on its own, and not
at Dallas’ request, to oversize delivery facilities, Dallas shall have the right to use any unused
portion of the share of the capacity allocated to Customer for the Customer or other Dallas
customers.
4.4 Approval of Plans; Inspection. All designs, materials, and specifications for Delivery
Facilities shall conform to Dallas’ requirements. Plans for the construction of a proposed Delivery
Facility shall be submitted to the Director for written approval prior to advertising for bids for such
construction. Customer agrees that Dallas has the right to make periodic inspections during the
construction phase of the Delivery Facilities. Final acceptance of completed Delivery Facilities is
subject to the written approval of the Director. Dallas agrees that any approval or consent of Dallas
or the Director required by this Section 4.4 shall not be unreasonably withheld or delayed.
4.5 Meters and Meter Vaults. Unless otherwise agreed by the parties, Dallas shall construct
and maintain meter vaults, meters, and all associated facilities, and obtain electric and telephone
service in connection therewith, if needed. Customer agrees to reimburse Dallas for actual design
and construction costs incurred pursuant to this Section 4.5, but only to the extent such costs are
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – PAGE 5 OF 15
attributable to services provided to Customer, excluding costs of telemetry equipment, telephone
and electric service.
4.6 Conveyance of Delivery Facilities to Dallas. Customer agrees that after final inspection
by the Director of completed Delivery Facilities, Customer will convey title of those Delivery
Facilities and rights-of-way in conjunction therewith to Dallas. Upon conveyance of title to
Delivery Facilities by appropriate instrument and acceptance by Dallas of those facilities, Dallas
shall own the Delivery Facilities and be responsible for operation and maintenance thereof. In no
event shall Customer be required to transfer to Dallas fee simple title to real property if an easement
in that real property is sufficient to allow Dallas to operate, maintain, repair, replace, or reconstruct
the Delivery Facility.
4.7 Additional Delivery Points. Customer may at any time during the term of this Contract
request additional Delivery Points for delivery of Treated Water under this Contract. The
additional requests may be granted with the approval of the Director and shall, when so approved
in writing, be deemed to be made a part of this Contract, thereby amending Exhibit C of this
Contract without need for a further written supplemental agreement or Dallas City Council
approval.
4.8 Access to Dallas Facilities. Dallas agrees to provide ingress and egress to Dallas’ property
located within Dallas’ incorporated limits to employees, contractors, and agents of Customer to
install, operate, inspect, test, and maintain facilities and read meters owned or maintained by
Customer; provided, however, Customer’s employees, contractors, and agents shall at all times
comply with Dallas’ policies regarding security and safety as may be adopted from time to time
by Dallas for the purpose of safeguarding Dallas’ public water system and supply.
4.9 Access to Customer Facilities. Customer agrees to provide ingress and egress to
Customer’s property located within Customer’s incorporated limits to employees, contractors, and
agents of Dallas to install, operate, inspect, test, and maintain facilities and read meters owned or
maintained by Dallas; provided, however, Dallas’ employees, contractors, and agents shall at all
times comply with Customer’s policies regarding security and safety as may be adopted from time
to time by Customer for the purpose of safeguarding Customer’s public water system and supply.
4.10 Accuracy of Meters. It shall be the duty of each party to notify the other party as soon as
reasonably possible after a party obtains information that it believes indicates that a meter used to
measure the delivery of Treated Water under this Contract is registering inaccurately or
malfunctioning. Each meter will be operated and maintained so as to record with commercial
accuracy. Dallas will notify Customer prior to any meter tests. Either party has the right to request
in writing that a meter be tested, with the other party having the right to witness the test. Dallas
shall routinely, but not less than at least once annually, verify the accuracy of delivery meters and
inform the Customer of the results. If Customer requires an independent testing service be used,
Customer shall pay the cost of the testing service if any meter used to measure delivery under this
Contract is found to be accurate. If the meter is found to be inaccurate, Dallas shall pay the cost of
the testing service.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – PAGE 6 OF 15
4.11 Liability; Loss of Water. All liability related to, and all accounting for loss of, all Treated
Water supplied under the terms of this Contract by Dallas to Customer shall belong to Dallas up
to Dallas’ side of the meter, including the meter and meter vault, at each Delivery Point. Liability
related to, and all accounting for loss of, all Treated Water shall pass to Customer after the Treated
Water passes through the meter and meter vault to the Customer at each Delivery Point.
Article 5. INSPECTION OF BOOKS AND RECORDS
Dallas agrees that Customer or its employees or agents may have access to and inspect the
books and records of Dallas relating to the delivery and sale of Treated Water to Customer,
including, but not limited to, records relating to charges therefor paid by Customer, during
reasonable business hours after reasonable prior written notice to the Director. Customer agrees
that Dallas or its employees or agents may have access to and inspect the books and records of the
Customer’s Water Utilities relating to the receipt and resale of Treated Water to its end user
customers during reasonable business hours and after reasonable prior written notice to Customer’s
City Manager.
Article 6. ADDITIONAL SURFACE WATER SUPPLIES
6.1 New Water Source; Reduce Demand Obligation. If Customer develops or acquires
additional surface water supplies from any source other than Dallas, and Customer’s reliance on
such additional surface water supplies results in reduced Demand from Dallas, Dallas is released
from its obligation to supply the Demand established pursuant to Section 3 of this Contract to the
extent of such reduction in Customer’s Demand. In this event, Dallas may adjust its supply
obligation to levels commensurate with Customer’s reduced Demand on Dallas.
6.2 Payment for Reduction of Demand. Except as the result of a reduction in Demand as
agreed pursuant to Article 3 of this Contract, if during the term of this Contract, Customer ceases
(wholly or in part) to take water from Dallas for any reason, Customer shall for five (5) years or
the balance of this Contract, whichever is less, remain liable for Demand charges at the billing
level in effect at the date of notification of such partial or total cessation. This obligation, once
established, shall serve as liquidated damages and is intended to compensate Dallas for the
expenditures incurred on Customer’s behalf for the cost of installation of supply, transmission,
treatment, delivery and service facilities. Provided, however, Dallas may waive Customer’s
obligation pursuant to this Section 6.2 in the event of nominal reductions based on Customer’s
plans if Dallas has received prior notice of the plans and concurred in the reduction. It is agreed
by the parties that liquidated damages are a reasonable substitute for compensatory damages which
are difficult or impossible to calculate herein. This obligation is intended by the parties not to be a
penalty, but instead, a reasonable measure of damages.
Article 7. RATES AND PAYMENT
7.1 Setting of Charges by Dallas Ordinance. Rates charged Customer, including Demand
charges established herein, shall be established by ordinance of Dallas. The capital costs
contributed by the Customer for Delivery Facilities shall be excluded from the rate base.
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7.2 Rate Setting Method; Notice of Change. Customer understands that the Dallas City
Council has the right to change, by ordinance, the rates charged as needed to cover all reasonable,
actual and expected costs. Any change of rates shall be pursuant to principles set forth in the
Memorandum of Agreement. Dallas shall give Customer a minimum of six (6) months written
notice of intent to change rates. Dallas will furnish Customer a draft copy of the Cost of Service
Study for Proposed Rates thirty (30) days prior to Dallas submitting a rate increase request to its
City Council.
7.3 Customer Protest. Customer agrees to give Dallas a minimum of thirty (30) days’ notice
of its intent to protest rates, or any other condition of service, before the TCEQ or any other state
agency.
7.4 Monthly Invoice. Each month during the term of this Contract, Dallas agrees to deliver to
Customer a statement of charges setting forth the amount of Treated Water delivered to Customer
through the Delivery Points for the period covered by the statement, the Volume charge for that
month, and any past due amounts carried over from prior invoices (including accrued interest)
(“the Monthly Statement”). Payment is due upon receipt of the Monthly Statement. Customer
agrees to pay promptly. The Demand charge shall be billed on the Monthly Statement.
7.5 Late Payment. Customer agrees that a payment is deemed late if received by Dallas more
than 30 days after the date of the Monthly Statement. Late payments shall accrue interest at a
4.25% interest rate or as provided in Section 2-1.1 of the Dallas City Code, as amended, or as
authorized by Ch. 2251, Subchapter B of the Texas Government Code, as amended, whichever
applies. If any money due and owing by Customer to Dallas is placed with an attorney for
collection, Customer agrees to pay to Dallas, in addition to all other payments provided for by this
Contract, including interest, Dallas’ collection expenses, including court costs and reasonable
attorney’s fees.
7.6 Malfunctioning Meter; Estimated Payments. In the event a meter(s) is discovered to be
malfunctioning, the amount of Treated Water that has passed through the meter will be estimated
for each day the meter was not functioning correctly. The last correctly measured monthly
consumption will be used as a basis for computing the amount of Treated Water delivered to the
Customer during the time the meter was not functioning correctly or other method mutually agreed
between Dallas and Customer in writing by the Director and Customer.
7.7 Disputed Charges. Dallas and Customer agree that any disputed charges on the Monthly
Statement shall be protested in accordance with Tex. Govt. Code § 2251.042, as amended.
Customer agrees that in the event it disputes any portion of the charges on the Monthly Statement,
Customer will timely pay any undisputed amount in accordance with Section 7.4.
Article 8. CURTAILMENT, WATER CONSERVATION,
AND DROUGHT CONTINGENCY PLANS
8.1 Dallas Curtailment of Water During Water Shortage. During a water shortage,
Customer understands and acknowledges the Treated Water being provided by Dallas under this
Contract is subject to curtailment in accordance with Texas Water Code § 11.039, “Distribution of
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Water During Shortage,” Dallas’ water rights, and Dallas’ Drought Contingency Plan. Customer
acknowledges that if water supplies or services are curtailed within Dallas, that provision of the
Texas Water Code authorizes Dallas to impose a like curtailment on deliveries to Customer.
Customer shall cooperate by imposing conservation or other lawful measures upon its sales of
Treated Water to its end user customers.
8.2 Customer Water Conservation and Drought Contingency Plan. Customer agrees to
institute and maintain usage practices which ensure water is used in a manner that reduces the
consumption of water, prevents or reduces the loss of water, avoids the waste of water, improves
the efficiency in the use of water, increases the recycling and reuse of water and prevents the
pollution of water, so that a water supply is made available for future or alternative uses. Customer
agrees to develop and implement water conservation and drought contingency plans consistent
with the applicable elements of Title 30, Texas Administrative Code, Chapter 288, “Water
Conservation Plans, Drought Contingency Plans, Guidelines and Requirements.” Customer agrees
to furnish to Dallas electronic copies of its water conservation and drought contingency plans and
associated TCEQ and TWDB implementation reports.
8.3 Receipt of Dallas Plans. Customer acknowledges that Dallas has provided a copy of its
current Water Conservation Plan and Drought Contingency Plan and has advised Customer of
where to locate copies of plan updates.
8.4 No Discrimination in Curtailments. To the extent Dallas imposes restrictions or grants
privileges of general applicability to itself and customer cities, including rules relating to the
curtailment of water delivery and availability, Dallas agrees to impose such restrictions and grant
such privileges equitably and in a non-discriminatory fashion.
Article 9. RESALE, WATER RIGHTS, AND REUSE
9.1 No Resale Outside Service Area. Customer agrees not to sell Treated Water purchased
from Dallas to any person or entity outside Customer’s Service Area unless Customer has received
prior written approval from the Director. In granting such authorization, Dallas may establish the
terms and conditions of the conveyance of such Treated Water including, but not restricted to, the
setting of monetary rates for sale of such water.
9.2 Resale Customers to Adopt Water Conservation and Drought Contingency Plans. In
consideration of the written approval of the resale of Treated Water, if so granted, Customer agrees
that the wholesale water supply contract with each successive wholesale customer to whom
Treated Water is resold must contain a provision requiring said customer to develop and implement
a water conservation plan or water conservation measures consistent with the requirements of
Section 8.2.
9.3. Rights to Water and Return Flows. Customer understands, acknowledges, and agrees
that Customer shall acquire no water rights or title or right to the use, reuse, or recycling of water
generated as the result of Dallas’ sale and delivery of Treated Water to Customer pursuant to this
Contract. Dallas makes no claim and asserts no water rights related to the wastewater effluent
return flows produced by Customer as a result of Customer’s water use under this Contract, it
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being expressly understood and agreed to that Customer is not prohibited by this Contract from
treating, using or selling such wastewater effluent return flows in accordance with applicable law
and TCEQ regulations.
Article 10. RIGHTS-OF-WAY AND STREET USE
10.1 Provision of Easements. Customer agrees to furnish any easements or rights-of-way
necessary within or without Customer’s boundaries reasonably necessary for Dallas to deliver
Treated Water to Customer as provided in Article 4, hereof, and to convey such easements or
rights-of-way to Dallas as therein provided.
10.2 Use of Customer Streets, Alleys, and Easements. Under normal operations, subject to
the prior written approval of Customer, Dallas may use Customer’s streets, alleys and other
public rights-of-way and public utility easements within Customer’s boundaries for pipeline
purposes to provide Treated Water to Customer or to other customers without charges or tolls to
the extent that Customer has the legal right to make such grant. Under emergency conditions,
Dallas may gain immediate access, without prior written approval of Customer, for emergency
repairs. Dallas will notify Customer as soon as possible following the emergency. Dallas agrees
to make, at Dallas’ cost, the necessary repairs to restore the streets, alleys or public rights-of-way
used in accordance with Customer’s then existing specifications for such work. Such use and
repairs shall be pursuant to the terms and conditions of the conveyance Customer duly grants for
such purposes.
10.3 Use of Dallas Streets, Alleys, and Easements. Under normal operations, subject to the
prior written approval of Dallas, Customer may use Dallas’ streets, alleys and other public rights-
of-way and public utility easements within Dallas’ boundaries for pipeline purposes to provide
Treated Water to Customer without charges or tolls to the extent that Dallas has the legal right to
make such grant. Under emergency conditions, Customer may gain immediate access, without
written approval of Dallas, for emergency repairs. Customer will notify Dallas as soon as possible
following the emergency. Customer agrees to make, at Customer’s cost, the necessary repairs to
restore the streets, alleys or public rights-of-way used in accordance with Dallas’ then existing
specifications for such work. Such use and repairs shall be pursuant to the terms and conditions of
a private license duly granted by the Dallas City Council.
Article 11. CUSTOMER SYSTEM OPERATION STANDARDS
Customer agrees to operate its water distribution system subject to the following:
A. Customer shall protect Customer’s storage and distribution system from cross connections
under the specifications required by health standards of the State of Texas.
B. Customer agrees to provide air gaps for any ground storage and backflow preventers for
any elevated storage.
C. Customer agrees to provide internal storage sufficient to meet its emergency needs and to
maintain a reasonable load factor for deliveries from Dallas to Customer.
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D. Customer agrees to maintain and operate its internal system in compliance with all local,
state, and federal laws and regulations.
Article 12. MEMORANDUM OF AGREEMENT
The Memorandum of Agreement is incorporated herein, as if copied word for word and is
made a part of this Contract. Any revision of the Memorandum of Agreement according to its
terms and not in conflict herewith shall automatically be incorporated into and become a part of
this Contract.
Article 13. FORCE MAJEURE; RELEASE; INDEMNITY
13.1 Force Majeure. Neither party shall be liable to the other party for any failure, delay, or
interruption in the performance of any of the terms, covenants, or conditions of this Contract due
to causes beyond their respective control or because of applicable law, including, but not limited
to, war, nuclear disaster, strikes, boycotts, labor disputes, embargoes, acts of God, acts of the public
enemy, acts of superior governmental authority, floods, riots, rebellion, sabotage, terrorism, or any
other circumstance for which a party is not legally responsible or which is not reasonably within
its power to control. The affected party's obligation shall be suspended during the continuance of
the inability then claimed, but for no longer period. To the extent possible, the party shall endeavor
to remove or overcome the inability claimed with all reasonable dispatch.
13.2 Release for Line Damages. CUSTOMER HEREBY AGREES TO RELEASE AND
HOLD DALLAS WHOLE AND HARMLESS FROM ANY CLAIMS OR DAMAGES
ARISING NOW AND IN THE FUTURE: (1) TO CUSTOMER'S WATER MAINS OR
WATER SYSTEM RESULTING FROM THE RATE OF FLOW OR QUANTITY OF
WATER DELIVERED BY DALLAS; AND (2) AS A RESULT OF THE CHEMICAL OR
BACTERIOLOGICAL CONTENT OF WATER PROVIDED TO CUSTOMER, UNLESS
THE DAMAGES RESULTING FROM THE CHEMICAL OR BACTERIOLOGICAL
CONTENT OF THE WATER ARE CAUSED BY THE NEGLIGENT ACT OR OMISSION
OF DALLAS, ITS OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS.
13.3 Indemnification. TO THE EXTENT ALLOWED BY LAW, CUSTOMER AGREES
TO DEFEND, INDEMNIFY AND HOLD DALLAS, ITS OFFICERS, AGENTS AND
EMPLOYEES, HARMLESS FROM ANY LIABILITY IN CLAIMS, ADMINISTRATIVE
PROCEEDINGS OR LAWSUITS FOR JUDGMENTS, PENALTIES, FINES, COSTS,
EXPENSES AND ATTORNEY'S FEES FOR PERSONAL INJURY (INCLUDING
DEATH), PROPERTY DAMAGE, OTHER HARM FOR WHICH RECOVERY OF
DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, OR FOR
VIOLATIONS OF STATE OR FEDERAL LAWS OR REGULATIONS, THAT MAY
ARISE OUT OF OR BE OCCASIONED BY: (A) A BREACH OF THIS CONTRACT BY
CUSTOMER; (B) THE NEGLIGENT ACT OR OMISSION OF CUSTOMER IN THE
PERFORMANCE OF THIS CONTRACT OR IN CUSTOMER'S DAY-TO-DAY WATER
OR WASTEWATER UTILITY OPERATIONS; OR (C) THE CONDUCT OF CUSTOMER
THAT CONSTITUTES A VIOLATION OF STATE OR FEDERAL LAWS OR
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REGULATIONS. PROVIDED, HOWEVER, THAT THE INDEMNITY STATED ABOVE
SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM DALLAS' SOLE
VIOLATION OF A STATE OR FEDERAL LAW OR REGULATION OR FROM THE
SOLE NEGLIGENCE OF DALLAS, ITS OFFICERS, AGENTS, EMPLOYEES OR
SEPARATE CONTRACTORS, AND IN THE EVENT OF THE JOINT AND
CONCURRING RESPONSIBILITY OF CUSTOMER AND DALLAS, RESPONSIBILITY
AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT WAIVING
GOVERNMENTAL IMMUNITY OR ANY OTHER DEFENSES OF THE PARTIES
UNDER APPLICABLE TEXAS LAW. THE PROVISIONS OF THIS PARAGRAPH ARE
SOLELY FOR THE BENEFIT OF THE PARTIES TO THIS CONTRACT AND ARE NOT
INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR
OTHERWISE, TO ANY OTHER PERSON OR ENTITY.
13.4 Equitable Remedies. Recognizing that Dallas’ and Customer’s undertakings as provided
in this Contract are obligations, the failure in the performance of which cannot be adequately
compensated in money damages, Dallas and Customer agree that, in the event of any default, the
other party shall have available to it the equitable remedy of specific performance in addition to
other legal or equitable remedies which may be available to such party.
Article 14. SPECIAL PROVISIONS
This Contract shall incorporate and be subject to the following additional special
provisions:
A. Provisions peculiarly applicable to the Contract with Customer as opposed to other
wholesale treated water customers, which are set forth in Exhibit “D,” attached
hereto and incorporated herein by reference.
Article 15. MISCELLANEOUS PROVISIONS
15.1. Contract Administration. This Contract shall be administered on behalf of Dallas by the
Director and on behalf of Customer by its authorized official or designated representative, who
shall initially be Customer’s City Manager.
15.2 Notice of Contract Claim. This Contract is subject to the provisions of Section 2-86 of
the Dallas City Code, as amended, relating to requirements for filing a notice of a breach of
contract claim against City. Section 2-86 of the Dallas City Code, as amended, is expressly
incorporated by reference and made a part of this Contract as if written word for word in
this Contract. Customer shall comply with the requirements of this ordinance as a
precondition of any claim relating to this Contract, in addition to all other requirements in
this Contract related to claims and notice of claims.
15.3 Venue. The obligations of the parties to this Contract shall be performable in Dallas
County, Texas, and if legal action is necessary in connection with or to enforce rights under this
Contract, exclusive venue shall lie in Dallas County, Texas.
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15.4 Governing Law. This Contract shall be governed by and construed in accordance with the
laws and court decisions of the State of Texas, without regard to conflict of law or choice of law
principles of any other state.
15.5 Legal Construction. In case any one or more of the provisions contained in this Contract
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision of this Contract, and this Contract
shall be considered as if such invalid, illegal, or unenforceable provision had never been contained
in this Contract.
15.6 Counterparts. This Contract may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument. If this Contract is
executed in counterparts, then it shall become fully executed only as of the execution of the last
such counterpart called for by the terms of this Contract to be executed.
15.7 Captions. The captions to the various clauses of this Contract are for informational
purposes only and shall not alter the substance of the terms and conditions of this Contract.
15.8 Successors and Assigns. This Contract shall be binding upon and inure to the benefit of
the parties and their respective successors and, except as may otherwise be provided in this
Contract, their assigns.
15.9 Notices. Except as otherwise provided in Section 15.2, any notice, payment, statement, or
Demand required or permitted to be given under this Contract by either party to the other may be
effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be
addressed to the parties at the addresses appearing below, but each party may change its address
by written notice in accordance with this section. Mailed notices shall be deemed communicated
as of three (3) days after mailing.
If to Dallas:
City of Dallas
Director of Water Utilities
1500 Marilla Street– 4/A/North
Dallas, Texas75201
If to Customer:
City of Coppell
Attn: City Manager
P.O. Box 9478
Coppell, Texas 75019
15.10 Conflict of Interest. The following section of the Charter of the City of Dallas shall be
one of the conditions, and a part of, the consideration of this Contract, to wit:
“CHAPTER XXII. Sec. 11. FINANCIAL INTEREST OF EMPLOYEE
OR OFFICER PROHIBITED --
(a) No officer or employee shall have any financial interest, direct or
indirect, in any contract with the City or be financially interested, directly or
indirectly, in the sale to the City of any land, materials, supplies or services, except
on behalf of the City as an officer or employee. Any violation of this section shall
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constitute malfeasance in office, and any officer or employee guilty thereof shall
thereby forfeit the officer’s or employee’s office or position with the City. Any
violation of this section, with knowledge, express or implied, of the person or
corporation contracting with the City shall render the contract involved voidable by
the City Manager or the City Council.
(b) The alleged violations of this section shall be matters to be
determined either by the Trial Board in the case of employees who have the right
to appeal to the Trial Board, and by the City Council in the case of other employees.
(c) The prohibitions of this section shall not apply to the participation
by City employees in federally-funded housing programs, to the extent permitted
by applicable federal or state law.”
For purposes of this Section 15.10, the word “City” means “City of Dallas.”
15.11 Gift to Public Servant. This Contract shall be subject to the following additional
provisions:
A. Dallas may terminate this Contract immediately if Customer has offered, or agreed
to confer any benefit upon a Dallas employee or official that the Dallas employee or official
is prohibited by state law or local ordinance from accepting.
B. For purposes of this section, “benefit” means anything reasonably regarded as
pecuniary gain or pecuniary advantage, including benefit to any other person in whose
welfare the beneficiary has a direct or substantial interest, but does not include a
contribution or expenditure made and reported in accordance with law.
C Notwithstanding any other legal remedies, Dallas may require Customer to remove
any officer or employee of Customer from the administration of this Contract or any role
in the performance of this Contract who has violated the restrictions of this section or any
similar state or federal law, or local ordinance, and obtain reimbursement for any
expenditures made as a result of the improper offer, agreement to confer, or conferring of
a benefit to a Dallas employee or official.
15.12 Applicable Laws and Regulations. This Contract is made subject to, and Dallas and
Customer agree to comply with, all applicable laws of the State of Texas, applicable rules,
regulations and orders of the TCEQ and Texas Water Development Board (TWDB) (or any
successor entities thereto), Federal Law (including but not limited to environmental and water
quality laws, rules, orders, and regulations), and the Charter and other ordinances of the City of
Dallas and the Dallas/Fort Worth International Airport Board, as same may hereafter be amended.
This Contract’s effectiveness is dependent upon Dallas’ and Customer’s compliance with Title 30,
Texas Administrative Code, Section 295.101 and Title 30, Texas Administrative Code, Chapter
297, Subchapter J (relating to water supply contracts and amendments), as amended. This Contract
may be subject to review and approval by TCEQ or TWDB. In the event of any final judgment
finding any violation of the laws, rules, regulations, or orders by Customer described above,
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Customer, shall be strictly liable for any damages caused to the property of Dallas, as a result of
such violation.
15.13 Authorization to Act. By their signature below, the representatives of Dallas and
Customer state that they are authorized to enter into this Contract. Dallas and Customer shall each
provide documentation that this Contract has been authorized by its respective governing body.
15.14 Entire Agreement; No Oral Modifications. This Contract (with all referenced Exhibits,
attachments, and provisions incorporated by reference) embodies the entire agreement of both
parties, superseding all oral or written previous and contemporary agreements between the parties
relating to matters set forth in this Contract. Except as otherwise provided elsewhere in this
Contract, this Contract cannot be modified without written supplemental agreement executed by
both parties.
[Remainder of this page intentionally left. Signatures appear on the following page.]
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EXECUTED this the ___ day of ______________, 2017, by the City of Dallas, signing by and
through its City Manager, duly authorized to execute same by Resolution No.17-______, adopted
by the City Council on ____________, 2017, and by Customer, acting through its duly authorized
officials.
APPROVED AS TO FORM: CITY OF DALLAS
LARRY E. CASTO T.C. BROADNAX
City Attorney City Manager
BY________________________________ BY______________________________
Assistant City Attorney Assistant City Manager
ATTEST: CUSTOMER:
CITY OF COPPELL
BY_________________________________ BY_________________________________
Town Secretary Mayor
APPROVED AS TO FORM:
BY_________________________________
City Attorney
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EXHIBIT A
MEMORANDUM OF AGREEMENT
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EXHIBIT B
DESCRIPTION AND MAP OF CUSTOMER’S SERVICE AREA
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EXHIBIT C
DELIVERY POINTS OF ENTRY AND METERING FACILITIES
Description: Wholesale Treated Water is currently provided to Customer at the following delivery
point.
DELIVERY POINT 1: COPPELL METERING STATION
Location: The metering station is located 125 Kimbel Kourt about 250 feet north of
the intersection of Kimbel Kourt with Sandy Lake Road. Specifically, it is
located on the property of the Coppell Village Parkway Pump Station
located at 1101 Village Parkway.
Metering Facilities: The metering station is equipped with a 24” Venturi meter and rate of flow
control valve and associated equipment, including telemetry equipment
connected to Dallas’ control station. The maximum delivery capacity of the
24” Venturi meter is estimated at 28 MGD.
The metering station is also equipped with a 12” turbine bypass meter. The
maximum design flow through this meter is estimated at 13 MGD.
The metering vault is owned, operated, and maintained by Dallas. Dallas
owns the 36” water main leading up to the rate of flow controller and the
valves on Dallas’ system side of the metering station, and Dallas owns the
short section of mains and valves on the discharge side of the metering
station. Customer’s ownership begins after the first set of valves on the
discharge side of the metering station.
Pipeline Capacity: Customer has purchased the right to use 9/80th from Dallas and 20/80th from
the City of Irving in the DFW main. Customer has a total capacity right of
29 MGD of the 80 million gallons per day (MGD) within the DFW
Main. These capacity rights, and their purchases, are further described in
Exhibit D.
INTERCONNECT 1: CYPRESS WATERS EMERGENCY INTERCONNECT
Location: The metering station is located at 101 Saintsbury Street, Dallas, Texas near
the intersection of Saintsbury Street and S. Beltline Road.
Metering Facilities: The meter vault is equipped with an 8” Metron Enduro 2800D meter. The
maximum design flow through this meter is estimated at 4.0 MGD.
The metering vault is owned, operated, and maintained by Coppell. Dallas
owns the water main and valves on Dallas’ system side of the metering
station.
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This meter is used to provide reciprocal water between Dallas and Coppell.
Future Facilities: Should additional delivery points be agreed upon in the future, this Exhibit
C will be revised to recognize these facilities. Revisions to this Exhibit C in order to add, delete,
or modify delivery points or metering facilities can be authorized by the DWU Director and do
not require Dallas City Council approval.
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EXHIBIT C MAP TO BE INSERTED HERE
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EXHIBIT D
SPECIAL CONTRACT CONDITIONS/AGREEMENTS
Customer and Dallas agree that this Exhibit D, containing conditions and clarifications to the
respective Sections of this Contract as numbered below, are a part of this Contract and should be
considered as such for purposes of administration and interpretation.
1. This Contract continues to recognize Dallas’ obligation under Contract No. 71-40-S, dated
May 17, 1972 between the City of Dallas and the City of Irving regarding construction of
the DFW Main from the Elm Fork WTP to Irving’s Hackberry Junction delivery point for
additional treated water service to Irving, and for water service to DFW Airport as well as
others. This Contract also continues to recognize Dallas’ obligation under Contract No. 71-
45-S, dated June 5, 1972, between the City of Dallas, the City of Fort Worth, and the DFW
Airport Board for construction for the DFW Main to supply water to DFW and Irving. In
addition, this Contract recognizes agreements made under the 1994 Contract, dated
October 6, 1994, among the Cities of Irving, Lewisville, and Coppell, for construction of
Dallas Water Supply Line No. 3.
2. The 1972 and 1994 Contracts specified agreement by Dallas to make available, if requested
by the Customer, treated water supply in an amount up to 29/80ths of the actual capacity
of the 80 MGD pipeline (approximately 29 MGD). However, Dallas’ current obligation,
expressed in Exhibit C, “DELIVERY POINTS OF ENTRY AND METERING
FACILITIES”, is to provide adequate supplies of water to meet the current and future needs
of customer cities. Thus, the approximate 29 MGD is not to be considered as a limitation.
Should Customer’s future demand exceed 29 MGD, Dallas agrees to supply Customer’s
demand, subject to available system supply and system deliverability, at delivery point as
agreed by Customer and Dallas.
3. This Contract replaces the Current Contract, dated November 18, 1987, as amended by
Supplemental Agreement No. 1 dated June 12, 1992, No. 2 dated November 9, 1994, and
No. 3 dated August 13, 2012.
If additional special conditions or agreements pertaining to this Contract are required in the
future, Exhibit D will be amended. Amendments to this Exhibit D that do not materially affect the
terms of the Contract can be authorized by the DWU Director and do not require Dallas City
Council approval.
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EXHIBIT E
RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT
1. RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT FOR
SINGLE FAMILY RESIDENCES OR DUPLEXES - WHEN SERVICING CITY
HAS MAINS IN PLACE
The City of Dallas, Texas, hereinafter called "Dallas," and the City of Coppell, Texas,
hereinafter called "Customer," hereby mutually agree to the following, based on the status
of Dallas’ mains as of the time of execution of this Reciprocal Water and/or Wastewater
Service Agreement, hereinafter called “Agreement”: Upon written request of either Dallas
or Customer, the city requested to do so shall provide water and/or wastewater service to
customers along the public streets, roadways, alleys and easements that form the common
city limit boundary of Dallas and Customer, provided that neither city will be required
to provide such service to customers of the other city if doing so would result in a need
for substantial construction or diminution of the level of service being provided to other
customers of said city.
The class of service contemplated by this Paragraph 1 anticipates a temporary connection
until such time as the city requesting service will have water and/or wastewater mains
available. This category of service requires consideration on an individual case basis.
Determination will be rendered upon written request being made by the city in which the
potential customer is located.
Nothing contained in this Agreement shall require that either city will be compelled to
accept a customer classed under this Paragraph 1 after a determination by the servicing
city that service is not economical or otherwise not in the best interest of the servicing city.
A. Service will be provided to single family residences or duplexes situated on no
more than one acre of land located immediately adjacent to the common
boundary.
B. The city providing the water and/or wastewater service contemplated under this
Paragraph shall charge the customer so served the same rates and associated
charges as charged customers whose property lies within its own areas and
boundaries and who are in the same category of service.
C. The customer being served will be required to pay all applicable fees related to the
services provided including a connection service charge to the city furnishing service.
The connection service charge shall be the then current amount established by the
servicing city’s ordinances. If a service charge is not specified by the current
ordinances for the size or type service to be provided, the service charge shall be
servicing city’s actual cost of rendering the service.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – EXHIBIT E – Page 2 of 5
2. RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT FOR: (1)
SINGLE FAMILY RESIDENCES OR DUPLEXES WHERE MAINS ARE NOT IN
PLACE, (2) COMMERCIAL AND INDUSTRIAL COMPLEXES, (3) RESIDENTIAL
SUBDIVISIONS, APARTMENTS OR TOWNHOUSES AND OTHER MULTI-
DEWLLING RESIDENTIAL UNITS.
Dallas and Customer hereby mutually agree to provide temporary water or wastewater
service, or both, to customers along the public streets, roadways, alleys and easements
forming a common city limit boundary of Dallas and Customer upon written request of
either city to the other, provided that neither city will be required to provide such service
to customers of the other city if doing so would result in a need for substantial
construction or diminution of the level of service being provided to other customers of said
city.
The class of service contemplated by this Paragraph 2 anticipates a temporary connection
until such time as the city requesting service will have water and/or wastewater mains
available. This category of service requires consideration on an individual case basis.
Determination will be rendered upon written request being made by the city in which
the potential customer is located. Nothing contained in this Agreement shall require that
either city will be compelled to accept a customer classed under this Paragraph 2 after
a determination by the servicing city that service is not economical or otherwise not in the
best interest of the servicing city.
A. Service will be provided to the following type customers whose properties are
located immediately adjacent to or in reasonable proximity of the common boundary:
1) Single family residences or duplexes where mains are not in place.
2) Individual commercial and industrial properties containing no more than 200,000
square feet of building floor space, provided that commercial or industrial
facilities in excess of 200,000 square feet consuming only nominal amounts of
water or contributing only nominal amounts of wastewater may be considered as
an exception to this provision.
3) Specific residential subdivisions consisting of no more than 20 single family units
and apartment complexes, townhouses or other type of multiple dwelling units
consisting of no more than 35 single family units in the immediate area for which
service is being requested.
B. The city providing the water and/or wastewater service contemplated under this
Paragraph shall charge the customer served the same rated and associated charges as
charged customers whose property lies within its own areas and boundaries and who
are in the same category of service.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – EXHIBIT E – Page 3 of 5
C. As a precondition of receiving service, the customer being served may also be required
to pay all or part of the costs determined to be necessary to extend service and to pay
the normal service charges for the type service being offered. Applicability of costs of
extending service shall be determined by the officials designated in Paragraph 4.B. of
this Agreement. Normal service costs will be determined as contemplated by
Paragraph l.C. All construction work shall meet the specifications of the city within
whose boundaries the facilities are constructed.
3. TEMPORARY RECIPROCAL SERVICES PROVIDED (1) DIRECTLY TO BORDERING
CITIES AND (2) TO COMMERCIAL, INDUSTRIAL OR OTHER COMPLEXES NOT
CONTEMPLATED BY PARAGRAPH 2.
When services are requested and it is determined by the city from which service is requested
that the service is appropriate and can be offered without diminution of the level of service
being provided to other customers of the servicing city, Dallas and Customer hereby mutually
agree to provide temporary water and/or wastewater service on a reciprocal basis when ( 1)
the service to be furnished is to be provided directly to the reciprocating city as the customer
or, (2) the service to be furnished is for a commercial, industrial, or other customer not meeting
the criteria for service consideration in Paragraph 2.
The class of service contemplated by this Paragraph 3 shall be offered at the option of the
servicing city. Determination of service feasibility will be rendered upon written request being
made by the city requiring service. Nothing contained in this Agreement shall require that
either city will be compelled to offer service after a determination by the servicing city that
service is not economical or otherwise not in the best interest of the servicing city.
The city providing the water or wastewater service contemplated under this Paragraph shall
charge the customer served the same rate and associated charges as charged customers whose
property lies within its own areas and boundaries.
The city requesting the service shall pay full cost of any extension, facilities or improvements
required to make the service available. The amount of the charges shall be determined by the
officials designated in Paragraph 4.B. of this Agreement. All construction work shall meet the
specifications of the city within whose boundaries the facilities are constructed.
4. GENERAL TERMS AND CONDITIONS
Service will be provided from mains in the public streets, roadways, alleys and easements
existing along the common boundaries of Dallas and Customer under the following terms
and conditions, which shall apply equally to either City:
A. Neither party to this Agreement is obligated to provide water nor does wastewater
service to the other party, and each party have the right to refuse to provide water
or wastewater service, under this Agreement, to the other party.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – EXHIBIT E – Page 4 of 5
B. The city requiring services shall initiate the request for reciprocal services by
forwarding a written request for service. The request shall be accompanied by a map
which identifies the location of the proposed properties. Approval of requests for
services shall be in writing and will be forwarded or approved by the following:
If for Dallas: If for Customer:
Dallas Water Utilities City of Coppell
Director Attn: City Manager
1500 Marilla Street -Room 4/A/N P.O. Box 9478
Dallas, Texas 75201 Coppell, TX 75019
C. Meter boxes, service lines, laterals and other facilities necessary to provide service
shall, upon installation, become the property of the city furnishing service if accepted
or agreed to by said city.
D. The customer to be served will sign a contract with the city furnishing service,
agreeing to abide by all the ordinances of that city which relate to the furnishing of
said service.
E. The city requesting service under this Agreement hereby grants to the city
providing such service authorization to go upon the public streets, roadways,
alleys and easements of the former city for the purpose of installing, maintaining
and removing such facilities as are necessary to provide service.
Customer agrees that, with prior written approval of Customer, Dallas may use streets,
alleys and public rights-of-way within Customer's boundaries for the purposes
detailed in this Agreement to provide retail water and wastewater service to
Customer or to other customers without charges or tolls, provided that Dallas
makes the necessary repairs to restore the streets, alleys or public rights-of-way
used to their original condition. Such use and repairs shall be pursuant to the terms
and conditions of the conveyance or license Customer duly grants for such purposes.
Dallas agrees that, with prior written approval of Dallas, Customer may use streets,
alleys and public rights-of-way within Dallas' boundaries for the purposes detailed
in this Agreement to provide retail water and wastewater service to Customer or to
other customers without charges or tolls, provided that Customer makes the
necessary repairs to restore the streets, alleys or public rights-of-way used to their
original condition. Such use and repairs shall be pursuant to the terms and conditions
of a license duly granted by the Dallas City Council.
F. If at any time the city requesting service under this Agreement shall construct a main
capable of providing water and /or wastewater service to any customer being served
under the terms of this Agreement, then upon request, the city so providing the service
shall terminate same, reserving the right to remove its meters and materials from the
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – EXHIBIT E – Page 5 of 5
property previously services; provided, the customer shall have a reasonable time, not
to exceed one month, to connect to the new service.
G. In the cases where a customer receives water service from one city and wastewater
service from the other, the city furnishing water service will provide the other city
with monthly meter readings and water consumption information on such customers
and will permit appropriate employees of the city furnishing wastewater service to
read and examine the meters serving such customers to determine the accuracy of
readings so furnished and to permit appropriate employees of the city furnishing
wastewater service to examine water consumption records of such customers,
provided that no meter shall be removed or adjusted except by the city furnishing
water service.
5. CLAIMS OF LIABILITY
It is further mutually agreed by Dallas and Customer that insofar as the services
contemplated hereunder are performed by either city within the jurisdiction of the other city and
to that extent only, Dallas and Customer hereby mutually agree, to the extent permitted by law,
that they will release, hold harmless and defend the other city from all claims of liability which
result from damage to property (real or personal) or persons arising directly or indirectly from
the performance of the services provided for under this Agreement.
6. TERMINATION OR MODIFICATION
This Agreement is to remain in force for the term of the Contract to which it is attached.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – EXHIBIT F – Page 1 of 6
EXHIBIT F
INTERIM CONSTRUCTION WATER SERVICE AND INTERIM WASTEWATER
SERVICE FOR THE CYPRESS WATERS DEVELOPMENT PROJECT
INTERIM WATER SERVICES
COPPELL currently has an existing 12” water line located in Belt Line Road between IH-635
(LBJ Freeway) and Wrangler Drive, which is generally along the western boundary of the Cypress
Waters proposed development. This line connects to a COPPELL 16” water line located in
Dividend Drive at Belt Line Road. An analysis of that water network, prepared for COPPELL
by Freese and Nichols, Inc, and documented in a report dated December 31, 2008, with addendum
dated February 13, 2009 and April 5, 2011, states that COPPELL currently has the ability to
provide at least 0.75 MGD peak hour flow to Cypress Waters for elevations of up to 550 feet while
maintaining pressures of 40 psi and fire flows up to 1,560 gpm. Therefore, it is agreed that:
DALLAS may make a connection to the existing 12” or 16” water line (the “Line”) as a source
for interim construction water and fire protection during the First Phase construction on the
Cypress Waters property, more particularly described on Exhibit F-1 attached hereto, subject to
the following conditions:
1) Detailed construction plans for any connections to the COPPELL water network
shall be provided and approved by COPPELL.
2) All work within COPPELL shall comply with COPPELL construction standards.
3) All permitting and fee requirements of COPPELL shall be followed by DALLAS.
4) Appropriate metering facilities for the connection of the interim service shall be
provided. The metering facilities shall be conveyed to COPPELL.
5) The water provided under this Exhibit F shall be considered DALLAS water and
the volumes measured through the meter will be deducted from the amounts of
DALLAS water sold to COPPELL. The billings to COPPELL for treated water
will be commensurately reduced.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – EXHIBIT F – Page 2 of 6
To compensate COPPELL for the use of their mains and for pumpage to convey
the water to this area of DALLAS, DALLAS agrees to pay COPPELL a
wheeling charge. The current wheeling charge is $0.152 per one thousand
gallons. Such charge shall be subject to review every 5 years and adjusted per the
consumer price index ("CPI"). The term "CPI" as referenced herein shall mean
the annual average Consumer Price Index issued by the Bureau of Labor Statistics
covering all Urban Consumers for the Dallas, Fort Worth, Texas region, or if this
index ceases to be published, then a comparable index.
6) The construction water service provided in this Exhibit is initially to be provided
during the construction of the First Phase only. Prior to a Certificate of Occupancy
(CO) being issued by DALLAS for any dwelling unit within the Cypress Waters
Development, an on-site DALLAS water supply, separate from COPPELL, must
be provided by DALLAS. The addition of an operational on-site DALLAS water
supply relieves COPPELL of the responsibility to continue to provide water
service during construction of the First Phase. Except as provided in Paragraph (7)
below, Coppell will not be obligated to supply water to any occupied structure or
to any uncompleted portions of the First Phase after issuance of the first CO for
any dwelling unit in the First Phase. It is the express intent of the Parties that the
issuance of a CO for a construction trailer or pump station shall not release
COPPELL of the responsibility to continue to provide interim construction water
service until such time as a CO is issued for the first dwelling unit in the First
Phase.
7) Upon issuance of a CO for a dwelling unit in the First Phase or completion of
construction of the First Phase, whichever occurs first, the water main connection
from the Cypress Waters project to the Line shall remain as an inter-local
connection between COPPELL and DALLAS for emergency use. For purposes
of this Exhibit, emergency use means a catastrophic failure of the DALLAS or
COPPELL water systems where the impact could be minimized by “opening the
valve” to allow water to flow between the two cities. At all other times, the valve
will be closed such that no water can flow between the two cities. Catastrophic
failure does not mean the required water line to be provided by DALLAS to serve
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – EXHIBIT F – Page 3 of 6
the property is incomplete at the time the first CO for a dwelling unit is issued for
any completed portion of the First Phase. In the event that prior to issuance of a
CO by DALLAS for a dwelling unit within the First Phase COPPELL reasonably
determines that the available capacity in the Line is required for one or more new
major commercial developments within COPPELL, then COPPELL shall have
the right, upon not less than six months prior written notice to DALLAS, to require
DALLAS to cease using the Line for interim construction water and to obtain such
construction water from other sources.
8) Notwithstanding the foregoing, COPPELL agrees to keep DALLAS reasonably
apprised of any such potential new major commercial developments which may
require such capacity and to provide DALLAS with as much advance notice thereof
as is reasonably possible (but in no event less than six (6) months prior written
notice as aforesaid). COPPELL will cooperate reasonably with DALLAS
regarding any future interlocal emergency connections that may be needed north of
the lake following completion of additional project infrastructure design.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – EXHIBIT F – Page 4 of 6
INTERIM WASTEWATER SERVICES
As documented by Freese and Nichols, Inc. in the above referenced report and addendums,
COPPELL currently has a 15” wastewater line in Belt Line Road at Lakeshore Drive, which flows
north to connect to a 30” wastewater line in Denton Tap Road north of the Cotton Belt Railroad.
That 30” wastewater line flows east to a connection to the Trinity River Authority (TRA) system
along Belt Line Road east of MacArthur Drive. The 15” wastewater line in Belt Line Road at
Lakeshore Drive currently has an available peak wet weather capacity of 1.8 MGD, and the 30”
wastewater line has an available peak wet weather capacity of 2.5 MGD. The priority use for both
of these lines is to accommodate growth and development in COPPELL, however, the current
available capacity may be used by DALLAS, on an interim basis, to accommodate wastewater
flows from initial phases of Cypress Waters development, subject to the following conditions:
1) Detailed construction plans for any connections to the COPPELL wastewater
system must be provided to and approved by COPPELL.
2) All work within COPPELL shall comply with COPPELL construction standards.
3) All permitting and fee requirements of COPPELL shall be followed by DALLAS.
4) Appropriate metering facilities shall be provided by DALLAS. The metering
facilities shall remain the property of DALLAS.
5) COPPELL shall charge DALLAS the same wastewater rate and associated
charges as charged customers whose property lies within its own areas and
boundaries and who are in the same category of service.
6) When the peak wet weather wastewater flow into the COPPELL wastewater
system from Cypress Waters equals or exceeds 1.35 MGD, or when notified by
COPPELL, DALLAS will begin planning and design for a permanent DALLAS
wastewater system which will connect on-site lift station(s) and force main(s) to
the above described 30” COPPELL wastewater line, at a mutually agreed upon
location.
7) When the peak wet weather wastewater flow into the COPPELL wastewater
system from Cypress Waters equals or exceeds 1.68 MGD, or when notified by
COPPELL, DALLAS will begin construction of a permanent DALLAS
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – EXHIBIT F – Page 5 of 6
wastewater system which will connect on-site lift station(s) and force main(s) to
the above described 30” COPPELL wastewater line. Once construction of such
connection to the above described 30” COPPELL wastewater line is complete, the
wastewater connection to the above described 15” COPPELL wastewater line in
Belt Line Road shall be removed by DALLAS in accordance with COPPELL
Standard Construction Details.
8) When the peak wet weather measured flow in the above described 30” COPPELL
wastewater line reaches 80% of its capacity, or when notified by COPPELL,
DALLAS will begin planning and design of an extension of the DALLAS
wastewater system of force mains and gravity lines, including the potential
rehabilitation of an existing 33” line along Belt Line Road, to a point of delivery of
DALLAS wastewater flows to a TRA point of delivery near Bush Turnpike and
Belt Line Road. Construction of this line and/or improvement will be initiated so
as to complete construction prior to the flow in the COPPELL 30” line reaching
wet weather peak capacity.
9) Once the wastewater planning, design, and construction measures contemplated by
Paragraphs 6 through 8 above have been completed and either (i) when the peak
wet weather measured flow in the above described 30” COPPELL wastewater line
reaches 100% of its capacity, or (ii) when notified by COPPELL, DALLAS shall:
(a) not issue any new building permits for structures which require sanitary
wastewater service through the COPPELL wastewater system; and (b) within six
(6) months have alternate wastewater service for Cypress Waters and discontinue
discharging into the COPPELL wastewater system.
10) One point of entry into the COPPELL wastewater system from DALLAS is
authorized by this Exhibit. Any additional points of entry will require approval by
COPPELL, acting through its director of public works or other duly authorized
representative.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL – EXHIBIT F – Page 6 of 6
EXHIBIT F-1
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3592
File ID: Type: Status: 2017-3592 Resolution Agenda Ready
1Version: Reference: In Control: City Council
10/02/2017File Created:
Final Action: Fed Ex - FTZ letterFile Name:
Title: Consider approval of a Resolution approving a letter of support for the
creation of a Foreign Trade Zone to be located at 1144 W. Bethel Road in
Coppell, Texas, and authorizing the Mayor to sign.
Notes:
Agenda Date: 10/10/2017
Agenda Number: C.
Sponsors: Enactment Date:
FedEx FTZ - Memo.pdf, FedEx - FTZ - Resolution.pdf,
FedEx FTZ Letter.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 10/10/2017City Council
Text of Legislative File 2017-3592
Title
Consider approval of a Resolution approving a letter of support for the creation of a Foreign
Trade Zone to be located at 1144 W. Bethel Road in Coppell, Texas, and authorizing the Mayor
to sign.
Summary
FedEx Trade Networks Transport & Brokerage, Inc. (FTN) is seeking to establish a Foreign
Trade Zone site at its distribution facility located at 1144 W. Bethel Road. This letter of support
is one step in FTN’s application process with the U.S. Foreign-Trade Zones Board.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3592)
Staff Recommendation:
Staff recommends approval.
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 10/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: October 10, 2017
Reference: Consider approval of a Resolution approving a letter of support for the creation of a
Foreign Trade Zone to be located at 1144 W. Bethel Road in Coppell, Texas, and
authorizing the Mayor to sign.
2030: Business Prosperity
Executive Summary:
FedEx Trade Networks Transport & Brokerage, Inc. (FTN) is seeking to establish a Foreign Trade
Zone site at its distribution facility located at 1144 W. Bethel Road. This letter of support is one
step in FTN’s application process with the U.S. Foreign-Trade Zones Board.
Introduction:
FedEx Trade Networks Transport & Brokerage, Inc. (FTN) has a distribution facility located at 1144
W. Bethel Road. FTN is a global air and ocean freight forwarder and customs brokerage firm. The
company is pursuing Foreign Trade Zone (FTZ) designations at four of its airport-based U.S.
distribution facilities so that it can offer FTZ services to its transportation and brokerage customers.
The facility located at 1144 W. Bethel Road is one of the four facilities that they are seeking a FTZ
usage-driven site.
Analysis:
Apple, Inc. and TCT Communication Technology are two of FTN’s new customers that will be the
users of the FTZ site in Coppell. Neither of these customers are currently using FTN’s facility in
Coppell because it does not have FTZ status. FTN does not own inventory, and all inventory
owned by Apple, Inc. and TCT Communication Technology will be shipped from the facility within
12 hours on average. Therefore, the FTZ status will not have a negative impact on inventory tax
because FTN does not currently pay any inventory tax. FTN will be able to attract new customers if
the Coppell facility is designated a FTZ site, which will likely result in increased business personal
propert y in the form of furniture, fixtures and equipment.
2
This letter of support from the City of Coppell is one step in FTN’s application process with the
U.S. Foreign Trade Zones Board.
Legal Review:
Agenda item did not require legal review.
Fiscal Impact:
N/A
Recommendation:
Economic Development recommends approval.
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS,
SUPPORTING THE ESTABLISHMENT OF A FOREIGN TRADE ZONE TO BE
LOCATED AT 1144 W. BETHEL ROAD, COPPELL, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has been presented with a request from FedEx Trade Networks
Transport & Brokerage, Inc. for the City to support the establishment of a foreign trade zone at
1144 W. Bethel Road, Coppell, Texas 75019; and
WHEREAS, the City Council finds that the establishment of a foreign trade zone would generate
employment and enhance economic development within the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas, does hereby support the
establishment of a foreign trade zone located at 1144 W. Bethel Road, Coppell, Texas 75019.
SECTION 2. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the
_______ day of _______________, 2017.
APPROVED:
KAREN SELBO HUNT, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3555
File ID: Type: Status: 2017-3555 Agenda Item Agenda Ready
2Version: Reference: In Control: Planning & Zoning
Commission
09/05/2017File Created:
Final Action: PD-157R7-C, Valley Ranch PlazaFile Name:
Title: PUBLIC HEARING:
Consider approval of Case No. PD-157R7-C, Valley Ranch Plaza, a rezoning
from PD-157-C (Planned Development 157-Commercial) and PD-157R6-C
(Planned Development 157 Revision 6 - Commercial) to PD-157R7-C
(Planned Development 157 Revision 7 - Commercial) to allow revisions to the
site plan including the addition of a drive-through restaurant and revising the
parking, circulation, landscaping and building facades on 4.6 acres of
property located at the southwest corner of E. Belt Line Road and S.
MacArthur Blvd., at the request of John Evans, BLMA LTD and BLMA Phase
II LTD, being represented by Donald F. Sopranzi, AIA.
Notes:
Agenda Date: 10/10/2017
Agenda Number: 11.
Sponsors: Enactment Date:
Cover Memo.pdf, Staff Report.pdf, Site Plan.pdf,
Landscape Plan.pdf, Elevations - Belt Line Rd.pdf,
Elevations - MacArthur Blvd.pdf, Photometric
Study.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 PassApproved09/14/2017Planning & Zoning
Commission
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3555)
Marcie Diamond, Assistant Director of Community Development/Planning, introduced the case with
exhibits. Ms. Diamond stated that staff is recommending approval subject to the following conditions:
1. Restaurant uses shall be limited to a maximum of 17,900 square feet of this shopping center.
2. Correct the following drafting errors:
a. Correct the scales on the site and landscape plans and elevation sheets;
b. Delete the island from the corner of Belt Line and MacArthur; and
c. Correct the spelling of "deficit" on the site plan.
Don Sopranzi, 10260 N. Central Expressway #258, Dallas, Texas, 75231, was present to address
questions and concerns from the commission. Mr. Sopranzi and the owner, Mr. John Evans, 8350 N.
Centeral Expressway #1330, Dallas, Texas, 75206, agreed with the conditions presented by staff.
Chairman Haas opened the Public Hearing. The following persons spoke:
Vikas Dusad, 826 Prescott Lane, Coppell, Texas, 75019. Mr. Dusad spoke in regards to the current
landscaping that allows for light to come through from the shopping center into the residential
subdivision. He stated that there are significant gaps between the trees, and a lot of noise pollution
due to the vehicles entering and exiting the shopping center.
Kishore Chalasani, 820 Prescott, Coppell, Texas 75019. Mr. Chalasani requested additional trees to
be placed between the shopping center and the subdivision due to the lights from the shopping
center being so bright. The trees will give the residents more privacy.
Chairman Haas closed the Public Hearing.
Commissioner Robinson asked Mr. Sopranzi about the lights at the site. Mr. Sopranzi stated that the
lights will be replaced with more energy efficient LED fixtures and that they will have cut offs features
on the heads. Mr. Evans stated that they do not have any control over the lights at McDonald's. Mr.
Evans commented that the lights are needed for security and safety purposes due to recent events in
the shopping center.
Commissioner Robinson asked Mr. Evans what the latest time that a business is open in that
shopping center. Mr. Evans stated that on a Friday or Saturday evening the latest Esparza's would
stay open would be no later than midnight.
Chairman Haas asked Mr. Evans if he would consider doing something to add some kind of cutoff to
reduce the effect of the lights at least on the MCcDonald's side. Mr. Evans stated that he does not
have any control over the McDonald's site, but he would be willing to meet them regarding the
lighting.
Commissioner Sarma asked the applicants if they would consider filling up the gaps with trees that
are similar to what is already there, to decrease the spacing. Chairman Haas replied that he
believes with time the cedar trees will begin to fill the gaps once they reach a mature age.
Commissioner Portman asked who owns the land where the trees are planted. Mr. Sopranzi replied
that the Homeowner's Association owns that land. Commissioner Portman stated that it is the
responsibility of the HOA to maintain and plant additional trees.
A motion was made by Chairman Haas to recommend approval of this agenda item with the
conditions outlined by staff as well as additional conditions: Request that Staff conduct a light shed
study at the site as well as at McDonald's, and a traffic study at the McDonald's site in regards to the
raised median. Seconded by Vice Chair Portman; motion carried (4-0).
Aye: 4 - Chair Eddie Haas, Vice Chair Glenn Portman, Commissioner Doug Robinson, and
Commissioner Vijay Sarma.
Action Text:
Chair Edmund Haas, Vice Chair Glenn Portman, Commissioner Doug
Robinson, and Commissioner Vijay Sarma
4Aye:
Page 2City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3555)
2 10/10/2017City Council
Text of Legislative File 2017-3555
Title
PUBLIC HEARING:
Consider approval of Case No. PD-157R7-C, Valley Ranch Plaza, a rezoning from PD-157-C
(Planned Development 157-Commercial) and PD-157R6-C (Planned Development 157
Revision 6 - Commercial) to PD-157R7-C (Planned Development 157 Revision 7 -
Commercial) to allow revisions to the site plan including the addition of a drive-through
restaurant and revising the parking, circulation, landscaping and building facades on 4.6 acres
of property located at the southwest corner of E. Belt Line Road and S. MacArthur Blvd., at the
request of John Evans, BLMA LTD and BLMA Phase II LTD, being represented by Donald F.
Sopranzi, AIA.
Summary
Staff Recommendation:
On September 14, 2017, the Planning and Zoning Commission recommended APPROVAL of
PD-157R7-C, Valley Ranch Plaza, the following condition remains outstanding and will be
incorporated into the PD conditions:
1.Restaurant uses shall be limited to a maximum of 17,900 square feet of this shopping
center.
Goal Icon:
Business Prosperity
Page 3City of Coppell, Texas Printed on 10/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: October 10, 2017
Reference: Consider approval of PD-157R7-C, Valley Ranch Plaza, to allow revisions to the site plan
including the addition of a drive-through restaurant, revising the parking, circulation,
landscaping and building facades on 4.6 acres of property located at the southwest corner
of E. Belt Line Road and S. MacArthur Blvd.
2030: Business Prosperity
Executive Summary:
The purpose of this request is three-fold: to revise the circulation patterns to allow a drive-through
restaurant and increase the queuing for an existing restaurant, modifications to the façade to update the
appearance of this shopping center, and to revise the lighting to enhance the visibility and safety for this
three-building shopping center.
Introduction:
The most significant changes will be the renovation of the building facing E. Belt Line Road which are
proposed to include:
• the addition of a drive-through facility for the eastern end-cap lease space;
• the conversion of indoor space to a small patio area to accommodate limited outdoor seating;
• sunbrella (fern color) awnings being installed on the front façade;
• installation of enhanced paving in the pedestrian areas in front of the building; and
• the addition of planters on the north side of the building.
The addition of the drive-through for this building coupled with the additional stacking areas for the
McDonalds will improve the circulation patterns from E. Belt Line Road into this site. The renovations
to the retail/restaurant building facing MacArthur Boulevard will include façade improvements to the
restaurant entry and updating the windows and attached light fixtures.
These renovations do not increase the footprints of buildings; however, several parking spaces have been
deleted to improve the circulation and provide sufficient queuing and loading area for the existing
McDonalds and proposed drive-through facilities. Currently, 253 parking spaces are required, and 239
parking spaces proposed, a 5% (14 space) deficit. Staff is supportive of this variance considering the
McDonalds play area is currently parked at the same ratio as the restaurant and the queuing for both
drive-throughs have been increased to accommodate a total of 24 vehicles. Therefore, this 14-space
deficit is recommended for approval.
2
One final modification to this shopping center is to increase to the site lighting; using both pole and wall
mounted fixtures, for additional safety and visibility. The photometric study submitted is complaint with
the Zoning Ordinance which limits the maximum intensity measured at the property line of a residential
use to 0.25 foot candles. The physical and visual separation of this existing shopping center to the newly
developed residential subdivision is further augmented by the 75’ wide landscaped HOA lot which abuts
the western property line of this shopping center.
Analysis:
On September 14, 2017, the Planning and Zoning Commission recommended APPROVAL of PD-
157R7-C, Valley Ranch Plaza, the following condition remains outstanding and will be incorporated into
the PD Conditions:
1. Restaurant uses shall be limited to a maximum of 17,900 square feet of this shopping center.
Legal Review:
This did not require city attorney review
Fiscal Impact:
None
Recommendation:
The Planning Department recommends approval.
Attachments:
1. Staff Report
2. Site Plan
3. Landscape Plan
4. Elevations – Belt Line Road
5. Elevations – MacArthur Blvd.
6. Photometric Study
ITEM # 4
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
PD-157R7-C, Valley Ranch Plaza
P&Z HEARING DATE: September 14, 2017
C.C. HEARING DATE: October 10, 2017
STAFF REP.: Marcie Diamond, Assistant Director of Community Development/Planning
LOCATION: Southwest corner of E. Belt Line Road and S. MacArthur Blvd
SIZE OF AREA: 4.6 acres of property
CURRENT ZONING: PD-157-C (Planned Development 157-Commercial) and PD-157R6-C (Planned
Development 157 Revision 6 – Commercial)
REQUEST: Revise the site plan to allow the addition of a drive-through restaurant and revising
the parking, circulation, landscaping and building façades
APPLICANT:
Owner: Architect:
John T. Evans Donald F. Sopranzi, A.I.A.
Beltline/MacArthur J/V 10260 N. Central Expressway #258
8350 N. Central Expressway #1330 Dallas, Texas 75231
Dallas, Texas 75206 dons@dfsarchitect.com
john@jtevans.com
HISTORY: This property was platted in 1987 and replatted in 1992. Three Special Use Permits
on were approved in 1987 (a service station, a car wash, and a convenience store)
In mid-1994, Council granted Special Use Permits for a Schlotzsky's and for an
Arby's. In late 1994, Council granted a Special Use Permit for a SpeeDee Oil
Change. None of these proposals were constructed.
In August 1996, Council approved a planned development for a 3,278-square foot
drive-through restaurant (McDonalds) and a 19,200-square foot retail/restaurant
building on 3.676 acres. In February, 1999 the Planning and Zoning Commission
approved an 8,000 square-foot retail building. When Council heard the case on
March 9, 1999, the applicant had submitted a site plan showing a 10,000-square
foot structure. Given the plan did not meet the city's parking regulations and that
the Planning and Zoning Commission had not reviewed that particular plan,
Council denied the zoning request. The applicant resubmitted the plans the
following month showing an 10,000-square foot retail building, which was
approved. In 2001 a site plan amendment was approved which reduced the size of
ITEM # 4
Page 2 of 3
the Phase II retail building from 10,000 square feet to 8,000 square feet as well as
enclosed the 1,360-square foot outdoor patio space of the McDonald's restaurant.
HISTORIC COMMENT: There is no historic significance related to the subject property.
TRANSPORTATION: MacArthur Boulevard and Belt Line Road are P6D divided major thoroughfares built
to standard in a 100’right-of-way.
SURROUNDING LAND USE & ZONING:
North – retail/restaurant; C (Commercial)
South – Wendy’s and Goodyear; LI with SUPs
East - shopping center, gas station, bank and Boston Market; LI with SUPs
West - Belmont Landing; PD 261-RBN
COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan, adopted March 22, 2011, shows
the property as suitable for Mixed Use Community Center uses.
DISCUSSION: The purpose of this request is three-fold: to revise the circulation patterns to allow
a drive-through restaurant and increase the queuing for an existing restaurant,
modifications to the façade to update the appearance of this shopping center, and
to revise the lighting to enhance the visibility and safety.
The most significant revision to this existing shopping center is the renovation of
the 8,000-square foot building facing Belt Line Road. Improvements will include:
the addition of a drive-through facility for the eastern end-cap lease space;
the conversion indoor space to a small patio area to accommodate limited
outdoor seating;
sunbrella (fern color) awnings being installed on the front façade;
enhanced paving put in the pedestrian areas in front of the building; and
the addition of planters.
The addition of the drive-through for this building coupled with the additional
stacking areas for the McDonalds will actually improve the circulation patterns
from Belt Line Road into this site.
The renovations to the existing 19,200-square foot retail/restaurant building facing
MacArthur Boulevard will be limited to façade improvements to the restaurant
entry (adding limestone accent material behind the existing 800 square foot patio)
and updating the windows and attached light fixtures.
As described, these renovations do not increase the square footage of any of the
buildings, however, several parking spaces have been deleted to improve the
circulation and provide sufficient queuing and loading area for the existing
(McDonalds) and proposed drive-through facilities. Based on the existing tenant
mix of retail and restaurant uses (including patio areas) a total of 253 parking spaces
are required. The site plan indicates 239 parking spaces being provided, a 5% (14
ITEM # 4
Page 3 of 3
space) deficit. Staff is supportive of this variance considering that the McDonalds
play area has traditionally been parked at the same ratio as the restaurant (requiring
14 spaces) and the queuing for both drive-throughs have been increased to
accommodate a total of 24 vehicles. There are also 72 parking spaces behind the
buildings which historically have been underutilized. Therefore, this 14-space
deficit is recommended for approval.
One final modification to this shopping center is to increase to the site lighting, both
pole and wall mounted fixtures, for additional safety and visibility. The photometric
study submitted appears to be compliant with the glare provisions of the Zoning
Ordinance which limits the maximum intensity measured at the property line of a
residential use in a residential district to 0.25 foot candles. The physical and visual
separation of this existing shopping center to the newly developed residential
subdivision is further augmented by the 75’ wide landscaped HOA lot which abuts
the western property line of this shopping center.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-157R7-C, Valley Ranch Plaza, subject to the following conditions:
1. Restaurant uses shall be limited to a maximum of 17,900 square feet of this shopping center.
2. Correct the following drafting errors:
a. Correct the scales on the site and landscape plans and elevation sheets;
b. Delete the island from the corner of Belt Line and MacArthur; and
c. Correct the spelling of “deficit” on the site plan.
ALTERNATIVES:
1. Approval of the request
2. Denial of the request
3. Modification of the request
4. Hold this request under advisement
ATTACHMENTS:
1. Site Plan
2. Landscape Plan
3. Elevations – Belt Line Road
4. Elevations – MacArthur Blvd.
5. Photometric Study
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4'56#74#065(4'56#74#065(4'56#74#065(2*#5'+/E&10#.&52.#;#4'#4'6#+.4'56#74#06#ÄOF 6 SHEETSSEPTEMBER 27,2017A-1SITE PLANREQUIRED PARKING:RETAIL - 14,800 SF @ 1:200 = 74 SPACES RESTAURANT - 17,900 SF @ 1:100 = 179 SPACES:253 TOTALPARKING COUNT:EXISTING - 253REQUIRED - 253PROPOSED - 23914 SHORTNOTE: DEFICIT OFFSET BY EXISTINGPARKING SPACES ALLOCATED TO SUPPORTMcDONALD'S PLAY AREA.30'0'60'90'
0.040.070.090.110.110.100.090.080.070.080.080.090.090.090.080.080.090.070.060.050.050.080.130.160.170.130.030.010.30.40.50.60.70.80.90.91.01.01.00.90.90.90.90.90.91.01.01.01.01.00.90.80.70.60.50.20.10.10.00.00.00.00.00.00.00.00.00.00.00.40.50.70.91.01.21.31.41.51.51.51.51.51.41.41.41.41.41.51.51.51.41.31.21.00.90.70.50.20.10.10.00.00.00.00.00.00.00.00.00.00.00.50.71.01.21.51.72.02.12.22.12.02.02.12.12.12.01.92.02.02.12.22.12.01.71.51.20.90.60.40.20.10.10.00.00.00.00.00.00.00.00.00.00.00.00.00.60.81.21.72.12.52.72.92.92.82.72.72.82.92.82.72.62.62.72.82.82.82.62.32.01.51.10.80.50.30.20.10.00.00.00.00.00.00.00.00.00.00.00.00.00.71.01.42.02.53.13.33.63.73.73.83.73.53.43.43.53.63.63.53.43.43.33.22.82.41.81.30.90.60.30.20.10.00.00.00.00.00.00.00.00.00.00.00.00.00.71.11.62.32.83.63.74.04.24.54.64.44.23.73.84.24.34.34.23.83.73.63.53.02.62.01.51.00.60.40.20.10.00.00.00.00.00.00.00.00.00.00.00.00.00.81.21.82.43.03.63.94.14.64.85.34.74.53.94.04.44.74.84.44.03.83.83.73.32.82.21.61.10.70.40.20.10.00.00.00.00.00.00.00.00.00.00.00.00.00.81.21.82.53.13.74.04.24.64.74.84.64.33.83.94.34.44.44.33.93.63.63.53.32.92.31.61.10.70.40.20.00.00.00.00.00.00.00.00.00.00.00.00.00.00.81.21.72.42.93.43.74.04.14.24.34.03.83.53.63.73.93.93.73.53.33.43.23.22.72.21.61.10.70.40.10.10.10.10.10.71.11.52.22.73.43.43.63.53.33.23.13.03.13.02.92.82.82.92.92.93.02.92.82.42.01.51.10.70.40.10.10.10.10.10.61.01.31.92.42.82.93.02.72.52.42.32.32.42.32.22.12.12.22.22.32.42.42.32.01.71.31.00.70.50.20.10.10.10.10.50.81.11.51.82.22.32.22.11.91.81.81.71.71.61.61.61.61.61.71.71.81.71.61.51.41.10.90.70.50.40.30.10.10.20.20.20.20.20.40.60.91.11.31.41.51.51.51.41.31.21.11.11.11.11.01.01.11.11.21.21.31.21.21.11.00.80.70.60.50.50.40.20.40.40.30.30.30.30.50.60.80.90.91.01.01.00.90.80.70.70.70.60.60.60.70.70.70.70.80.81.01.00.90.90.80.70.60.60.60.60.60.50.50.50.40.40.30.30.40.50.60.60.60.60.60.60.50.50.40.40.40.40.40.40.40.40.40.50.50.80.80.80.80.80.80.70.70.70.70.70.80.70.70.70.70.70.70.70.70.60.60.20.20.30.30.30.40.40.40.30.30.30.30.20.20.20.20.20.20.20.20.20.30.30.30.80.80.80.80.80.80.80.80.90.90.90.90.90.90.90.90.90.90.90.90.10.20.20.20.20.20.20.20.20.20.20.10.10.10.10.10.10.10.10.10.10.10.10.10.90.90.90.90.91.01.01.01.01.11.11.11.11.11.21.21.21.21.11.01.11.11.21.21.21.21.21.21.21.31.31.41.41.51.51.41.41.31.21.10.71.11.31.41.51.51.41.41.31.21.31.41.51.61.71.71.71.71.61.41.41.30.81.31.51.61.92.01.81.51.41.31.31.51.61.71.81.91.81.81.71.51.41.30.80.01.41.61.82.43.02.71.61.41.31.41.51.71.81.92.11.91.81.81.61.51.31.00.00.01.41.62.02.94.14.41.61.41.31.41.51.71.81.92.11.91.91.91.81.61.51.10.00.01.41.61.92.84.85.51.31.51.71.81.81.81.81.71.51.41.00.00.01.41.61.92.74.25.20.01.31.51.71.71.71.71.61.51.40.90.10.10.11.41.51.82.64.55.41.51.51.51.61.61.61.50.90.20.30.30.40.50.50.60.70.80.80.80.80.80.70.60.70.70.80.91.01.11.21.21.11.11.01.71.71.61.72.43.73.61.31.41.41.51.61.61.40.90.60.70.91.01.11.31.51.71.91.91.91.81.71.51.41.41.61.82.02.32.62.82.82.62.42.72.62.42.11.92.12.62.11.21.21.31.41.41.51.40.90.91.31.71.92.12.22.52.73.03.43.63.73.32.82.21.92.02.32.93.64.24.44.54.54.54.84.33.73.02.42.02.12.52.01.11.11.21.21.31.31.30.91.31.92.73.33.93.83.73.63.63.84.24.53.63.02.52.22.22.63.14.05.15.15.05.05.35.64.73.83.22.62.12.43.53.41.01.01.11.11.21.21.10.91.52.22.83.64.64.24.24.95.65.95.66.55.14.94.13.23.24.25.15.47.37.28.68.97.87.86.05.84.93.62.52.64.25.10.91.01.11.11.21.21.11.02.33.95.15.26.85.66.46.25.44.64.55.13.93.63.02.72.83.13.74.25.85.86.16.35.96.34.94.23.63.02.42.74.15.30.91.11.11.11.21.21.11.01.82.53.23.84.94.34.14.14.04.14.24.33.62.92.42.12.12.53.14.04.95.05.04.95.05.14.43.72.92.52.22.54.55.31.01.21.21.21.21.21.10.91.32.02.83.64.24.03.73.43.23.23.13.02.72.32.01.81.82.12.52.93.43.73.93.93.83.63.22.82.42.12.02.44.26.04.24.74.94.42.91.41.10.91.01.21.21.11.21.31.10.81.11.62.12.52.72.72.62.42.21.81.61.51.41.31.21.11.11.21.41.51.71.92.02.11.91.81.61.41.21.00.91.32.43.12.32.82.82.52.11.31.01.01.01.21.21.21.21.21.00.70.40.60.91.11.21.31.31.21.11.00.90.80.70.60.50.50.40.40.50.60.60.70.70.70.70.70.70.70.60.40.40.40.61.01.00.70.80.80.70.60.50.40.30.30.30.40.40.40.50.50.30.20.20.30.40.50.50.50.40.40.30.30.30.30.20.20.20.20.20.20.20.20.20.20.20.20.20.20.20.20.20.20.20.30.30.30.20.20.20.20.10.10.10.20.20.20.30.30.30.30.30.212'16'-6"A-4118117107922188988378767980.0'50.0'18.75'31.25'30.00'14.00'13.75'15.00'22.20'56.25'15.00'21.72'31.78'20.00'780.0'1110121113159BELT LINE ROA
D W / 292 SF COVERED PATIOPLAY AREA1,360 SFRETAIL4,000 SFRESTAURANT1,500 SFRESTAURANT2,208 SFMcDONALD'S3,278 SFPATIO800 SFPHASE IIRETAIL 2,400 SF
RETAIL 1,120 SF
RETAIL 1,800 SF
RETAIL 1,200 SF
RETAIL 1,738 SF
RETAIL 2,542 SF
RESTAURANT 1,600 SF
RESTAURANT 1,100 SF
RESTAURANT 1,200 SF
RESTAURANT4,500 SFPHASE I MODIFIED AREAS(INDICATED WITH LIGHT SHADING)EXISTING SITE LIGHTING POLE LOCATIONS ( REFER TO SHEET A-6)PROPOSED LAYOUT24' FIRE LANE240' LONG TRUCK BERTHFHFHFHFHDIRECTIONAL ARROWS ON PAVEMENTFDCFDCFHOF 6 SHEETSSEPTEMBER 27,2017A-5PHOTOMETRIC ANALYSISNEW BOLLARD LIGHTING FIXTUREPHASE II ENTRY PLAZANEW WALL LIGHTING FIXTUREPHASE I AND PHASE IINEW SITE LIGHTING FIXTUREPHASE I AND PHASE II30'0'60'90'
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3556
File ID: Type: Status: 2017-3556 Agenda Item Agenda Ready
2Version: Reference: In Control: Planning & Zoning
Commission
09/05/2017File Created:
Final Action: PD-206R-H Conoboy Addition (Pence)File Name:
Title: PUBLIC HEARING:
Consider approval of Case No. PD-206R-H, Conoboy Addition (Pence), a
rezoning from PD-206-H (Planned Development 206 - Historic) to
PD-206R-H (Planned Development 206 Revised - Historic) to allow the
demolition of the existing building and construction of a 3,345-square foot
residence on Lot 1R and an 1,877-square foot office on Lot 2R on
14,790-square feet of land located at 717 S. Coppell Road, at the request of
JET Financial Group being represented by Michael Adams, Firmitas Design.
Notes:
Agenda Date: 10/10/2017
Agenda Number: 12.
Sponsors: Enactment Date:
Cover Memo.pdf, 11x17 Color Pages (Rendering, Site
Plan, Elevations).PDF, Site Plan.PDF, Landscape
Plan (2 Pages).pdf, Tree Survey.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 PassApproved09/14/2017Planning & Zoning
Commission
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3556)
Matt Steer, Development Services Coordinator, introduced the case with exhibits. Mr. Steer stated that
stff is recommending approval subject to the following conditions:
1. Detailed engineering review will be required at time of full engineering plan submittal.
2. Please revise Site Plan and Landscape Plan to indicate the 15' visibility triangle measureed from
the proposed property line.
3. Indicate an eight-foot private "Use, Enjoyment, and Maintenance Easement" on Lot 2R adjacent to
the eastern lot line, as the residential property is proposing to use this area as their "backyard".
4. Remove spot elevations from Site Plan.
5 Indicate new property boundaries after the six-foot right-of-way dedication and show new area for
Lot 1R. Revise all plans accordingly.
6. Label the windows on the east elevation as opaque.
7. An estimated fee of $200 will be due for mitigation at time of tree removal permit.
Chairman Haas asked Mr. Steer if the "Use, Enjoyment, and Maintenance Easement" is for the life of
the property. Mr. Steer stated that it is at the discretion of the property owner.
Mike Adams, Firmitas Design, 2735 Villa Creek Drive, Suite 275, Dallas, Texas, 75234, was present
to address questions and concerns from the commission.
A motion was made by Commissioner Sarma to recommend approval of this agenda item with the
conditions outlined by staff. Seconded by Vice Chair Portman; motion carried (4-0).
Aye: 4 - Chair Eddie Haas, Vice Chair Glenn Portman, Commissioner Doug Robinson, and
Commissioner Vijay Sarma.
Action Text:
Chair Edmund Haas, Vice Chair Glenn Portman, Commissioner Doug
Robinson, and Commissioner Vijay Sarma
4Aye:
2 10/10/2017City Council
Text of Legislative File 2017-3556
Title
PUBLIC HEARING:
Consider approval of Case No. PD-206R-H, Conoboy Addition (Pence), a rezoning from
PD-206-H (Planned Development 206 - Historic) to PD-206R-H (Planned Development 206
Revised - Historic) to allow the demolition of the existing building and construction of a
3,345-square foot residence on Lot 1R and an 1,877-square foot office on Lot 2R on
14,790-square feet of land located at 717 S. Coppell Road, at the request of JET Financial
Group being represented by Michael Adams, Firmitas Design.
Summary
Staff Recommendation:
On September 14, 2017, the Planning and Zoning Commission recommended APPROVAL of
PD-206R-H, 717 S. Coppell Road subject to the following conditions:
1.Detailed engineering review will be required at time of full engineering plan submittal.
2.Please revise Landscape Plan to indicate the 15’ visibility triangle measured from the
proposed property line.
3.An estimated fee of $200 will be due for mitigation at time of tree removal permit.
Page 2City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3556)
Goal Icon:
Business Prosperity
Special Place to Live
Page 3City of Coppell, Texas Printed on 10/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: October 10, 2017
Reference: Consider approval of PD-206R-H, to allow the demolition of the existing building and the
construction of a 3,345-square-foot residence on Lot 1R and an 1,877-square foot office
on Lot 2R; on approximately 0.34 acres of property located at 717 S. Coppell Road.
2030: Business Prosperity
Special Place to Live
Executive Summary:
This request is to allow the demolition of the existing office (originally converted from a residence in
2005) to allow the development of a 3,345-sq.ft., two-story residence and an 1,877-sq. ft., two-story
office cottage. This project has been designed to be consistent with the Main Street project, to be located
to the west of the subject property.
Introduction:
The existing property will be subdivided into two lots. The office cottage is proposed to be located on
the western lot fronting Houston Street. It will be similar in scale as the office cottages just west of the
subject property and setback the same distance from Houston Street, providing consistent spacing
between the buildings. The proposed residence is similar in height (28.5’) to the adjacent proposed office
(27.5’). It is proposed to front on Coppell Road and will have the same setback from the street as the
patio homes to the south. This development will be served by two parking spaces onsite and five on-
street parking spaces proposed on Coppell Road.
The proposed materials for both buildings are representative of the craftsman style architecture with
horizontal cementitious siding being utilized for the majority of the buildings. Stone is proposed to be
used on the porch columns, the wall connecting the residence and office and along the front lower portion
of the eastern elevation of the residence. The colors are light blue with white trim for the office cottage
and grey with white trim for the residence.
The Landscape Architect has utilized the same plant materials as found within the Main Street project.
The landscaping, while deficient as required in the Zoning Ordinance, is consistent with the landscaping
area variances given with the office cottages of the Main Street project to the west. The streetscaping is
being continued along Houston Street with a 10-foot sidewalk and a 5-foot x 10-foot tree well with a
Cedar Elm. Along the commercial segment, where the property transitions from commercial to
residential, the sidewalk transitions from 10-foot to the existing five foot walk at a light pole at the
southeast portion of the lot. The architect has worked diligently to preserve as many large trees as
2
possible. With the onsite tree preservation of 132-caliper-inches of the existing 172-caliper-inches and
the addition of one four-caliper-inch Live Oak, two four-caliper-inch Cedar Elms, and 14 accent trees,
the tree requirements are being met. An estimated fee of $200 will be due for mitigation at time of tree
removal permit
Analysis:
On September 14, 2017, the Planning and Zoning Commission recommended APPROVAL of PD-206R-
H, 717 S. Coppell Road subject to the following conditions:
1. Detailed engineering review will be required at time of full engineering plan submittal.
2. Please revise Landscape Plan to indicate the 15’ visibility triangle measured from the proposed
property line.
3. An estimated fee of $200 will be due for mitigation at time of tree removal permit.
Legal Review:
This did not require city attorney review
Fiscal Impact:
None
Recommendation:
The Planning Department recommends approval.
Attachments:
1. Staff Report
2. 11” x 17” Color Pages (Cover Sheet with Rendering, Site Plan, Elevations)
3. Site Plan
4. Landscape Plan
5. Tree Survey
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3559
File ID: Type: Status: 2017-3559 Agenda Item Agenda Ready
2Version: Reference: In Control: Planning & Zoning
Commission
09/05/2017File Created:
Final Action: PD-291-H, 705 S. Coppell RoadFile Name:
Title: PUBLIC HEARING:
Consider approval of Case No. PD-291-H, 705 S. Coppell Road, a rezoning
from H (Historic) to PD-291-H (Planned Development 291 - Historic) to allow
the occupancy of the existing 1,038-square foot residential structure for office
uses, on 5,444-square feet of land located at 705 S. Coppell Road, at the
request of Neda Jaafari, being represented by Technology Building Group.
Notes:
Agenda Date: 10/10/2017
Agenda Number: 13.
Sponsors: Enactment Date:
Cover Memo.pdf, Site Plan.pdf, Elevations.pdf, Tree
Survey.pdf, Landscape Plan (4 pages).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 PassApproved09/14/2017Planning & Zoning
Commission
A motion was made by Vice Chairman Portman to recommend approval of this agenda item with the
conditions outlined by staff. Seconded by Commissioner Robinson; motion carried (4-0).
Aye: 4 - Chair Eddie Haas, Vice Chair Glenn Portman, Commissioner Doug Robinson, and
Commissioner Vijay Sarma.
Action Text:
Chair Edmund Haas, Vice Chair Glenn Portman, Commissioner Doug
Robinson, and Commissioner Vijay Sarma
4Aye:
2 10/10/2017City Council
Text of Legislative File 2017-3559
Title
PUBLIC HEARING:
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3559)
Consider approval of Case No. PD-291-H, 705 S. Coppell Road, a rezoning from H (Historic)
to PD-291-H (Planned Development 291 - Historic) to allow the occupancy of the existing
1,038-square foot residential structure for office uses, on 5,444-square feet of land located at
705 S. Coppell Road, at the request of Neda Jaafari, being represented by Technology
Building Group.
Summary
Staff Recommendation:
Staff is recommending APPROVAL of this request subject to the following conditions:
1.There may be additional comments generated upon detailed engineering review.
2.A tree removal permit is required prior to the start of construction.
3.Minor plat is needed prior to permitting if the zoning is approved.
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 10/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: October 10, 2017
Reference: Consider approval of PD-291-H, to allow site modifications to support conversion of a
residential structure to an office use located at 705 S. Coppell Road.
2030: Business Prosperity
Executive Summary:
This request is to allow site modifications to support the conversion of a residential structure to an office
use. This is the third conversion along this stretch of South Coppell Road.
Introduction:
The existing structure is 1,038 square feet, requiring a total three parking spaces to allow the occupancy
for office uses. Ideally, the parking for a would be in the rear, however there is not adequate space to
accommodate the necessary drive aisle, nor turning radii. The second option would be on-street parking.
This property has a drainage inlet directly in front, a fire hydrant near the north and is relatively close to
the intersection, leaving on-street parking unachievable. The applicant is proposing to construct a
handicap space in front and tandem parking located on the south side as an alternative. This is acceptable
given the circumstances.
Two of the three categories of landscaping requirements are technically deficient in size. However, a
recent Zoning Ordinance amendment allows for a reduction in landscaping for each category, provided
that 30% of the overall site is landscaped. Cumulatively, this proposal has 38% of the site in landscaping,
well exceeding the 30% threshold.
The applicant proposes changes to the exterior of the building, including scraping and repainting the
white siding and grey trim, adding signage to the front, and the addition of grey shutters to each window
that does not currently have them. Staff will continue to work with the applicant to ensure the signage is
appropriate with the architecture of the front elevation.
Analysis:
On September 14, 2017, the Planning and Zoning Commission recommended APPROVAL of PD-291-
H, 705 S. Coppell Road subject to the following conditions:
1. There may be additional comments generated upon detailed engineering review.
2. A tree removal permit is required prior to the start of construction.
3. Minor plat is needed prior to permitting if the zoning is approved.
2
Legal Review:
This did not require city attorney review
Fiscal Impact:
None
Recommendation:
The Planning Department recommends approval.
Attachments:
1. Staff Report
2. Site Plan
3. Elevations
4. Tree Survey
5. Landscape Plan
EXTERIOR
ELEVATIONS
FACE-LIFT/
CONVERSIONSA1EXTERIOR ELEVATIONSTECHNOLOGY
BUILDING
GROUP INC.MAIN ELEVATIONLEFT ELEVATIONRIGHT ELEVATIONEXISTING MAIN ELEVATIONEXISTING LEFT ELEVATIONEXISTING RIGHT ELEVATION
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3434
File ID: Type: Status: 2017-3434 Agenda Item Agenda Ready
1Version: Reference: In Control: Library
06/06/2017File Created:
Final Action: Canopy TrellisFile Name:
Title: Consider approval to award a contract to AVAdek for the construction of a
canopy trellis at the Cozby Library and Community Commons in the amount of
$49,964.00, as identified in the project design; and authorizing the City
Manager to sign all necessary documents.
Notes:
Agenda Date: 10/10/2017
Agenda Number: 14.
Sponsors: Enactment Date:
Bid Award Memo.pdf, AVAdek proposal.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 10/10/2017City Council
Text of Legislative File 2017-3434
Title
Consider approval to award a contract to AVAdek for the construction of a canopy trellis at the
Cozby Library and Community Commons in the amount of $49,964.00, as identified in the
project design; and authorizing the City Manager to sign all necessary documents.
Summary
The original design for the renovation of the Library included a canopy trellis to provide shade to
an outdoor seating area at the front of the building. The construction of this trellis was
postponed in order to keep project costs within budgeted amounts. However, effective
management of resources throughout the construction period yielded cost savings at the end of
the project that are sufficient to provide for the construction of the trellis.
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3434)
Legal Impact:
This item did not require legal review.
Fiscal Impact:
The fiscal impact of this Agenda item is $49,964.00. The funds are available in the ½% sales
tax for the CRDC.
Staff Recommendation:
The Library Department recommends approval of this item.
Goal Icon:
Sustainable City Government
Community Wellness and Enrichment
Page 2City of Coppell, Texas Printed on 10/6/2017
MEMORANDUM
TO: Mayor and City Council
FROM: Vicki Chiavetta, Director of Library Services
DATE: September 26, 2017
REF: Consider approval to award a contract to AVAdek for the construction of a
canopy trellis at the Cozby Library and Community Commons in the amount
of $49,964.00, as identified in the project design; and authorizing the City
Manager to sign all necessary documents.
2030: Sustainable City Government, Community Wellness and Enrichment
Summary
The original design for the renovation of the Library included a canopy trellis to provide shade to
an outdoor seating area at the front of the building. The construction of this trellis was postponed
in order to keep project costs within budgeted amounts. However, effective management of
resources throughout the construction period yielded cost savings at the end of the project that
are sufficient to provide for the construction of the trellis.
The Library Department worked with the Purchasing Department to prepare Bid No. Q-0817-2,
which requested entities to respond with the solution they would recommend to the City
concerning the construction of a canopy trellis over the outdoor seating area in front of the
Library. The bid request packet included pertinent excerpts from the original specifications from
the building construction project, to better ensure that proposed solutions would be compatible
with the design and construction of the rest of the building.
The sole respondent to the bid request was AVAdek, who also supplied the aluminum entryway
cover for the library renovation. The quoted cost of $49,964 is well within the amount remaining
in the project fund.
Based on previous work history with the City of Coppell, the compatibility of the proposed
design with existing building features, and the availability of the necessary funds within the
amount approved for the project, it is recommended that AVAdek be awarded Bid Q-0817-2 for
construction of the canopy trellis.
Legal Review
This item did not require legal review.
Fiscal Impact
The fiscal impact of this Agenda item is $49,964.00, to come from the library renovation project
fund.
Recommendation
The Library Department recommends approval of this item.
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3595
File ID: Type: Status: 2017-3595 Agenda Item Mayor and Council
Reports
1Version: Reference: In Control: City Secretary
10/02/2017File Created:
Final Action: Mayor and Council ReportsFile Name:
Title: A.Report by Mayor Hunt and the City Council on the recent Fall activities.
B.Report by Mayor Hunt on upcoming events.
Notes:
Agenda Date: 10/10/2017
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 10/10/2017City Council
Text of Legislative File 2017-3595
Title
A.Report by Mayor Hunt and the City Council on the recent Fall activities.
B.Report by Mayor Hunt on upcoming events.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Page 1City of Coppell, Texas Printed on 10/6/2017
Master Continued (2017-3595)
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/6/2017