CP 2020-12-08o I'll""'
COFFELL
Tuesday, December 8, 2020
City of Coppell, Texas
Meeting Agenda
City Council
5:30 PM
KAREN HUNT MARK HILL
Mayor Mayor Pro Tem
CLIFF LONG GARY RODEN
Place 1 Place 4
BRIANNA HINOJOSA-SMITH NANCY YINGLING
Place 2 Place 5
WES MAYS BIJU MATHEW
Place 3 Place 6
MIKE LAND
City Manager
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
As authorized by Section 418.016(e) of the Texas Government Code, on March 16, 2020,
Governor Greg Abbott suspended various provisions that require government officials and
members of the public to be physically present at a specified meeting location.
The following requirements have been suspended by the governor:
Council Chambers
1. A quorum of the city council need not be present at one physical location. Id. § 551.127(b).
2. In light of (1), above, the meeting notice need not specify where the quorum of the city
council will be physically present and the intent to have a quorum present. Id. § 551.127(e).
3. In light of (1) above, the meeting held by videoconference call is not required to be open to
the public at a location where council is present. Id. § 551.127(f).
4. The audio and video are not required to meet minimum standards established by Texas
Department of Information Resources (DIR) rules, the video doesn't have to be sufficient that
a member of the public can observe the demeanor of the participants, the members faces
don't have to be clearly visible at all times, and the meeting can continue even if a connection
is lost, so long as a quorum is still present. Id. § 551.127(a-3); (h); (i); Q).
City of Coppell, Texas Page 1 Printed on 12/4/2020
City Council Meeting Agenda December 8, 2020
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 E.
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.
As authorized by Section 551.127, of the Texas Government Code, one or more
Councilmembers or employees may attend this meeting remotely using videoconferencing
technology.
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 Road
and east of South Belt Line Road.
3. Work Session (Open to the Public) Council Chambers
A. Discussion regarding agenda items.
B. Discussion regarding Legislative Priorities.
C. Update on CARES Business Assistance Grants.
D. Update on DART construction activities.
Attachments: Business Assistance Grants Update Memo.pdf
DART Work Session Memo.pdf
Regular Session
4. Invocation 7:30 p.m.
5. Pledge of Allegiance
6. Citizens' Appearance
7. Swearing in of Council Place 3.
Proclamations
City of Coppell, Texas Page 2 Printed on 12/4/2020
City Council Meeting Agenda December 8, 2020
8. Consider approval of a Proclamation naming December 8, 2020, as
"Nancy Yingling Appreciation Day," and authorizing the Mayor to sign.
Attachments: Nancy Yingling Appreciation Day. df
Presentations
9. Presentation of a Plaque to Nancy Yingling for her years of service to the
City of Coppell.
10. Consent Agenda
A. Consider approval of the minutes: November 10, 2020 and November 17,
2020.
Attachments: CM 2020-11-10.pdf
B. Consider approval of award for a renewal of city-wide janitorial services
contract to Oriental Building Services for a one-year period; beginning
November 1, 2020; in the amount of $392,000.00; as budgeted in the
General Fund; and authorizing the City Manager to sign any necessary
documents
Attachments: Renewal of Janitorial Services Memo.pdf
Oriental Building Executed Contract.pdf
C. Consider approval of an Ordinance amending Article 8-3, Parking, Section
8-3-1(A) of the Code of Ordinances by adding a subsection to make it
unlawful to stop, stand, or park any vehicle/truck weighing more than 1.5
tons, at all times, on North Lake Drive; and authorizing the Mayor to sign.
Attachments: North Lake Drive No Parking Memo.pdf
North Lake Drive - No Parking Exhibit.pdf
North Lake Drive No Parking Ordinance.pdf
D. Consider approval of a Resolution amending Resolution No. 010996.3 as
amended, amending the Master Fee Schedule for Rolling Oaks Memorial
Center Fees and Solid Waste Collection Fees; and authorizing the Mayor
to sign.
Attachments: Memo Fee Resolution December 2020.pdf
Master Fee Resolution 12-08-20.odf
E. Consider approval of an amendment to the City of Coppell Investment
Policy.
Attachments: Amend Investment Policy Dec 8 2020 Council Memo.pdf
2020 Investment Palicy to Council to Amend Dec 8 2020.pdf
F. Consider approval of a Resolution designating Frost National Bank as the
City Depository for a period of four (4) years and eleven (11) months; and
City of Coppell, Texas Page 3 Printed on 12/4/2020
City Council Meeting Agenda December 8, 2020
authorizing the Mayor Pro Tern bzsign.
Resolution approving agreements with Frost Bank.pdf
Frost Bank's Response to RFP #177 Depository Services.pdf
Comparison of 2015 Contract Fees to 2020 Contract Fees.pdf
End of Consent Agenda
11. PUBLIC HEARING:
Consider approval of PD -304-H, Nixon Pence Reaidenda|, azoning
change request from H (Historic) to PO -304-H (Planned Oeve|opnnent-304
- Hiatorio), to allow for two residential unite on 0.442 acres of land located
onthe west side ofG.CoppeURoad, approximately 175feet south ofVV.
Bethel Road, atthe request ofthe property owner ANCH.LLC..being
represented byJoheBrown with Hennessey Engineering Inc.
Attachments:
12. Consider approval ofanOrdinance ofthe City ofCoppeUamending the
Code ofOrdinances bvamending Chapter 15."Other Codes Adopted"
Article 15-11."Swimming Pool and Spa Code" bzprovide for the adoption
ofthe International Swimming Pool and Space Code, 2O18Edition; and
authorizing the Mayor to sign.
Attachments: Council Memo - ISPSC Code Ad
Or f
13. Consider approval ofanOrdinance ofthe City ofCoppeUamending the
Code ofOrdinances bvamending Chapter 9"General Regu|ediona^.Article
9-2"Fence Regulations" ofthe Code ofOrdinances toamend Section
9-2-1 definitions and by amending by revising Section 9-2-11 through
9-2-13;and authorizing the Mayor bzsign.
Attachments: Council Memo - Fence Ordinance Revisions.pdf
Ordinance amendiLq Art. 9-2 Fence Regulafions.pdf
14. PUBLIC HEARING:
City of Coppell, Texas Page 4 Printed on 121412020
City Council Meeting Agenda December 8, 2020
Consider approval of an Ordinance designating Varidesk, LLC,
Reinvestment Zone No. 111 pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act, and authorizing the Mayor to sign.
Attachments: Varidesk PH and Ordinance Memo.pdf
15. Consider approval of a Resolution approving a Tax Abatement Agreement
between the City of Coppell and Varidesk, LLC, and authorizing the Mayor
to sign.
Attachments: Varidesk Resolution Memo - 2020.pdf
Varisdesk- Resolution 2020.pdf
16. Consider approval of an Economic Development Agreement by and
between the City of Coppell and Varidesk, LLC; and authorize the Mayor to
sign.
Attachments: Varidesk Eco Dev Agreement Memo - 2020.2df
Varidesk Eco Dev Agreement 2020.pdf
17. Consider approval of an Ordinance extending the moratorium against
enforcement on Sections 6-15-3 (A), 6-15-4 and 6-15-5 (3) (A) and (B), (J)
- (M), (4) and (8), Article 16 "Business Regulations" of Chapter 6-15
"Temporary Signs" for a period of time until June 30, 2021; and authorizing
the Mayor to sign.
Attachments: Memo.pdf
Ordinance extending moratorium of Chapter 6 Article 6-15.pdf
18. Consider approval of two (2) consulting contracts for advanced scenario
planning with Future iQ, Inc. in the amount of $45,000; and authorizing the
City Manager to sign any necessary documents.
Attachments: Future iQ Contracts - Memo.pdf
Coppell SMART Cities Proposal.pdf
Coppell FOARD Task Force Proposal V2.pdf
19. Consider approval of a Resolution of the City of Coppell in support of the
Dallas Area Rapid Transit Resolution Nos. 200100 and 200086 related to
the adoption of the Silver Line Light Rail alignment; providing for
authorization to exercise eminent domain to acquire right-of-way within the
corporate limits; and authorizing the Mayor to sign.
Attachments: DART Silver Line Memo.pdf
DART Resolution.Ddf
20. Consider approval of the Legislative Agenda for the upcoming 87th
Regular Legislative Session.
City of Coppell, Texas Page 5 Printed on 12/4/2020
City Council Meeting Agenda December 8, 2020
Attachments: Mema.pdf
2021 Legislative Priorities.pdf
21. City Manager Reports - Project Updates and Future Agendas
22. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
23. Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
A. Report on North Central Texas Council of Governments -
Councilmember Wes Mays
B. Report on North Texas Commission - Councilmember Nancy Yingling
C. Report on Coppell Historical Society - Councilmember Long
24. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
25. Necessary Action from Executive Session
26. 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 4th day of December, 2020, at
Ashley Owens, City Secretary
City of Coppell, Texas Page 6 Printed on 12/4/2020
City Council Meeting Agenda December 8, 2020
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 make requests for these services
seventy-two (72) hours — three (3) business days ahead of the scheduled program, service,
and/or meeting. To make arrangements, contact Kori Allen, 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.
City of Coppell, Texas Page 7 Printed on 12/4/2020
C',P FE L
File ID: 2020-5418
Version: 1
File Name: Northlake
City of Coppell, Texas
Master
File Number: 2020-5418
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 11/30/2020
Final Action:
Title: Discussion regarding real property located south of East Belt Line Road and
east of South Belt Line Road.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5418
Title
Discussion regarding real property located south of East Belt Line Road and east of South Belt
Line Road.
Summary
City of Coppell, Texas Page 1 Printed on 12/4/2020
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File ID: 2020-5419
Version: 1
File Name: WKS 12/08/20
City of Coppell, Texas
Master
File Number: 2020-5419
Type: Agenda Item
Reference:
Title: A. Discussion regarding agenda items.
B. Discussion regarding Legislative Priorities.
C. Update on CARES Business Assistance Grants.
D. Update on DART construction activities.
Notes:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Work Session
In Control:
City Council
File Created:
11/30/2020
Final Action:
Sponsors: Enactment Date:
Attachments: Business Assistance Grants Update Memo.pdf, DART Enactment Number:
Work Session Memo.pdf
Contact: Hearing Date:
Drafter: Effective Date:
Related Files:
History of Legislative File
ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5419
Title
A. Discussion regarding agenda items.
B. Discussion regarding Legislative Priorities.
C. Update on CARES Business Assistance Grants.
D. Update on DART construction activities.
Summary
Strategic Pillar Icon:
If:::osteur an Illnclllusiiive Comirnuirfl-ty If:::allbirliic
,rfl ; O ls
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5419)
Cireate usiinin Illununtioin IIIodes
'Sirriw-t
Sustainable Government
City of Coppell, Texas Page 2 Printed on 121412020
T H E - C I T Y 0 F
COPPELL
w
h 1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: December 8, 2020
Reference: Business Assistance Grants Update — Work Session
Introduction:
Coppell City Council allocated $1,650,000 of the CARES Act Funding Coppell received to three
different business assistance grant programs. Those programs included a Resturant Assitance Grant
program, a Business Retrofit Grant program and a Business Rent/Mortgage Assistance Grant
program.
Through these three programs, the City was able to approve 102 applications for Coppell businesses
and awarded a total of $1,099,089.63 in grants to businesses. The remaining funds were reallocated
by City Council to various programs. Restaurants received $139,810 through the Restaurant
Assistance Grant program. Businesses received $70,279.63 through the Business Retrofit Grant
program. And, $889,000 was awarded to small businesses through the Business Rent/Mortgage
Assistance Grant program.
The businesses in Coppell have expressed their deep gratitude to City Council for the financial
assistance granted to help them through a difficult time.
MEMORANDUM
To: Mayor and City Council
Through: Mike Land, City Manager
From: Traci E. Leach, Deputy City Manager
Date: December 8, 2020
Reference: DART Rail Construction Update
2040: Innovative Transportation Networks
Introduction:
This agenda item is a briefing to provide the City Council with an update on construction activities
that may be occurring soon on city -owned property within the City of Dallas. This property will be
the site for the Cypress Waters station and DART may begin some limited pre -construction activities
soon. Ultimately, the City will be conveying the property to DART. However, the construction
activities may commence prior to this conveyance and this briefing will provide information on the
process for accommodating this activity. The conveyance document will be presented for Council
action at a future meeting.
Background:
The Silver Line will connect the DFW Airport to the cities of Dallas, Carrollton, Addison, Richardson
and Plano. Along that route, only the City of Coppell is not a member of DART. In 2017, we saw
the advancement of the Silver Line regional rail service from its potential construction and activation
well beyond the year 2030 in the regional mobility plan, to actual approval, funding and scheduling
for revenue service at the end of calendar year 2023.
The Silver Line alignment extends the rail line off the existing DART right-of-way just west of Moore
Road, where is deviates south into City of Dallas and Cypress Waters. The rail line heads back north
and joins the existing rail right-of-way just to the east of Southwestern Boulevard. DART is
coordinating all acquisition activities for property that is required for the new rail right-of-way.
Legal: NA.
Fiscal Impact: None.
Recommendation: None
C',P FE L
File ID: 2020-5434
Version: 1
File Name: Council Place 3
City of Coppell, Texas
Master
File Number: 2020-5434
Type: Agenda Item
Reference:
Title: Swearing in of Council Place 3.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Presentations
In Control:
City Council
File Created:
12/01/2020
Final Action:
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5434
Title
Swearing in of Council Place 3.
Summary
City of Coppell, Texas Page 1 Printed on 12/4/2020
City of Coppell, Texas
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File ID: 2020-5433
Version: 1
File Name: NY Appreciation Day
Master
File Number: 2020-5433
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Proclamations
In Control:
City Council
File Created:
12/01/2020
Final Action:
Title: Consider approval of a Proclamation naming December 8, 2020, as "Nancy
Yingling Appreciation Day," and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Nancy Yingling Appreciation Day.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5433
Title
Consider approval of a Proclamation naming December 8, 2020, as "Nancy Yingling
Appreciation Day," and authorizing the Mayor to sign.
Summary
City of Coppell, Texas Page 1 Printed on 12/4/2020
PROCLAMATION
WHEREAS, Nancy Yingling has served as Councilmember since 2014, and
will retire effective December 8, 2020; and
WHEREAS, Nancy is being honored by family and fellow council members
who are deeply appreciative of her many contributions to the community through
the years; and
WHEREAS, Nancy has, with enthusiasm and effectiveness, made an
excellent and constructive contribution to our community; and
WHEREAS, Nancy, over her tenure as an elected official, served as the
city's liaison to The North Texas Commission and Dallas College — Coppell
Center; and
WHEREAS, her service in both her public and private life has been given
willingly and cheerfully, and she has contributed immeasurably to the success of
community endeavors and to the betterment of the quality of life for many of her
fellow citizens; and
WHEREAS, Nancy is known for her dedication and tireless service to
Coppell and has been an important resource, advocate, and friend for our
community
NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell,
do hereby proclaim December 8, 2020, as
"NANCY YINGLING APPRECIATION DAY"
IN WITNESS THEREOF, I set my hand and caused the seal of the City of
Coppell to be affixed this 8th day of December 2020.
ATTEST:
Ashley wens, City Secretary
Karen Selbo Hunt, Mayor
City of Coppell, Texas
C',P FE L
File ID: 2020-5425
Version: 1
File Name: Plaque Presentation
Master
File Number: 2020-5425
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Presentations
In Control:
City Council
File Created:
11/30/2020
Final Action:
Title: Presentation of a Plaque to Nancy Yingling for her years of service to the City
of Coppell.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5425
Title
Presentation of a Plaque to Nancy Yingling for her years of service to the City of Coppell.
Summary
City of Coppell, Texas Page 1 Printed on 12/4/2020
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File ID: 2020-5420
Version: 1
File Name: Minutes 12/08/20
City of Coppell, Texas
Master
File Number: 2020-5420
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: City Council
File Created: 11/30/2020
Final Action:
Title: Consider approval of the minutes: November 10, 2020 and November 17,
2020.
Notes:
Sponsors: Enactment Date:
Attachments: CM 2020-11-10.pdf, CM 2020-11-17 (canvass).pdf Enactment Number:
Contact: Hearing Date:
Drafter: Effective Date:
Related Files:
History of Legislative File
ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5420
Title
Consider approval of the minutes: November 10, 2020 and November 17, 2020.
Summary
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 1 Printed on 12/4/2020
CFFELL
Tuesday, November 10, 2020
KAREN HUNT
Mayor
CLIFF LONG
Place 1
BRIANNA HINOJOSA-SMITH
Place 2
WES MAYS
Place 3
MIKE LAND
City Manager
City of Coppell, Texas
Minutes
City Council
5:30 PM
MARK HILL
Mayor Pro Tem
GARY RODEN
Place 4
NANCY YINGLING
Place 5
BIJU MATHEW
Place 6
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers
Present 7 - Karen Hunt -,Cliff Long;Brianna Hinojosa-Smith;Wes Mays;Gary Roden;Biju
Mathew and Mark Hill
Absent 1 - Nancy Yingling
Also present were Deputy City Manager Vicki Chiavetta and City Attorney Robert
Hager. Deputy City Manager Traci Leach and City Secretary Ashley Owens were in
attendance virtually.
The City Council of the City of Coppell met in Regular Session on Tuesday, November
10, 2020 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
1. Call to Order
As a result of recent Declarations of Emergency made by Dallas County and the
City of Coppell in regards to the current pandemic, Governor Abbott has
permitted for governing bodies to meet remotely and to conduct open
meetings virtually.
Mayor Karen Hunt called the meeting to order, determined that a quorum was
present and convened into the Work Session at 5:36 p.m.
2. Work Session (Open to the Public) 1st Floor Conference Room
A. Discussion regarding agenda items.
City of Coppell, Texas Page 1
City Council Minutes November 10, 2020
B. Discussion regarding Advanced Scenario Planning contracts.
C. Discussion regarding the 2018 International Swimming Pool and Spa
Code with local amendments.
D. Discussion regarding Fence Regulations in Article 9-2 of the Code of
Ordinances.
E. Discussion regarding the roof replacement of 265 Parkway.
F. Discussion regarding priorities for the Legislative Agenda.
G. Discussion regarding Boards & Commissions appointments.
Presented in Work Session
Regular Session
Mayor Hunt adjourned the Work Session at 6:31 p.m. and reconvened into the
Regular Session at 7:30 p.m.
3. Invocation 7:30 p.m.
Councilmember Wes Mays gave the invocation.
4. Pledge of Allegiance
Mayor Hunt and the City Council led those present in the Pledge of Allegiance.
5. Citizens' Appearance
Mayor Hunt asked for those who signed up to speak:
1) Cristin Adam, 987 Mallard Drive, discussed the City's tethering ordinance.
2) Jana Alexander, 509 E Bethel School Road, discussed the City's tethering
ordinance.
6. Consent Agenda
A. Consider approval of the minutes: October 27, 2020.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -H be approved. The
motion passed by an unanimous vote.
B. Consider approval of an Ordinance for PD-214R9R-C, 151 Coffee, a
zoning change request from PD -214R9 -C (Planned Development -214
Revision 9 -Commercial) to PD-214R9R-C (Planned Development -214
Revision 9 Revised - Commercial) to attach a Detail Site Plan for a
857 -square foot building with drive-thru on 0.7 acres of land, located on
the west side of S. Denton Tap Road, approximately 400 feet south of W.
Sandy Lake Road; and authorizing the Mayor to sign.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -H be approved. The
City of Coppell, Texas Page 2
City Council Minutes November 10, 2020
motion passed by an unanimous vote.
Enactment No: OR 91500-A-758
C. Consider approval of award for the contract to two separate contractors;
each performing a share of the ADA sidewalk repairs and annual street
and alley pavement repair program; in the amounts of $540,000.00 to
F&F Construction and $360,000.00 to New World Contracting; for a total
of $900,000.00; as budgeted in the Infrastructure Maintenance Fund; and
authorizing the City Manager to sign any necessary documents.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -H be approved. The
motion passed by an unanimous vote.
D. Consider approval for a second renewal of the contract with Scodeller
Construction, Inc. to include crack and joint sealing work along major
thoroughfares in the amount of $100,000.00; as budgeted in the
Infrastructure Maintenance Fund; and authorizing the City Manager to
sign any necessary documents.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -H be approved. The
motion passed by an unanimous vote.
E. Consider approval to utilize the City of Grand Prairie's contract with
Nortex Concrete Lifting and Stabilization, Inc., as authorized by Texas
Local Government Code, Section 271.102, to perform annual street
repair/mud jacking program; in the amount of $100,000.00; as budgeted
in Infrastructure Maintenance Fund; and authorizing the City Manager to
sign any necessary documents.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -H be approved. The
motion passed by an unanimous vote.
F. Consider approval to extend the contract term for an additional year with
Barco Pump; for On -Call Temporary River Pumping based on the
specification associated with the Northlake Untreated Water System; as
part of the design solution for an untreated water pumping solution to
deliver water from the Elm Fork of the Trinity River into North Lake; in the
amount of $127,524.00; as designated in CIP funds; and authorizing the
City Manager to sign any necessary documents.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -H be approved. The
motion passed by an unanimous vote.
G. Consider to award a bid and enter into a design contract with Westra
Consultants, LLC; for the reconstruction of Woodhurst Drive; as
budgeted $96,382.00 from Water Sewer Fund and $263,118.00 from 1/4
Cent Sales Tax Fund; in the total amount of $359,500.00; and authorizing
City of Coppell, Texas Page 3
City Council Minutes November 10, 2020
the City Manager to sign any necessary documents.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -H be approved. The
motion passed by an unanimous vote.
H. Consider approval to enter into a design contract with Kirkman
Engineering; for the reconstruction of a portion of Southwestern
Boulevard; from the intersection of Freeport Parkway to the intersection
of South Coppell Road; as budgeted $60,810.00 out of Water/Sewer
Fund and $141,890.00 from'/4 cent Sales Tax Fund; in the total amount
of $202,700.00; and authorizing the City Manager to sign any necessary
documents.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Cliff Long, that Consent Agenda Items A -H be approved. The
motion passed by an unanimous vote.
End of Consent Agenda
7. CONTINUED PUBLIC HEARING:
Consider approval of PD -295R -HC (Sheraton Four Points Hotel) and an
Ordinance for PD -295R -HC, a zoning change request from PD -295 -HC
to PD -295R -HC, to establish a Detail Site Plan to allow for an
approximate 73,190 square foot four-story hotel on 2.675 -acres of
property located on the northeast corner of SH 121 and Northwestern
Drive and amending the development regulations in Subsection "D"
under Section 1 of Ordinance No. 91500-A-739, as requested by Mike
Clark on behalf of Archway 121 Coppell, Ltd.; and authorizing the Mayor
to sign.
Presentation: Mary Paron-Boswell, Senior Planner, made a presentation to the
City Council.
Mayor Karen Hunt opened the Public Hearing and advised that no one signed
up to speak.
Mike Clark, Winkelmann & Associates, and Eric Hawk, Archway 121, were
present to answer questions from City Council.
A motion was made by Mayor Pro Tem Mark Hill, seconded by Councilmember
Cliff Long, to close the Public Hearing and approve this Agenda Item subject to
the following conditions:
1. There may be additional comments at the time of Building Permit and Detail
Engineering Review.
2. The property shall be platted to provide required mutual access, fire lanes
and easements prior to development.
3. Private Drive "C" containing the off-site mutual access easement and fire
lane shall be constructed with this project or construction on adjacent lot,
whichever comes first.
4. To allow for one loading zone.
City of Coppell, Texas Page 4
City Council Minutes November 10, 2020
5. To allow for a 10 -ft setback in lieu of 20 -ft on the northeast common
boundary line adjacent to the building.
6. To allow for hotel patron surface parking spaces to be located as indicated.
7. Signs will need to comply with City Ordinances.
The motion passed by an unanimous vote.
Enactment No: OR 91500-A-759
8. Consider approval of an Economic Development Incentive Agreement by
and between the City of Coppell and Archway 121 COPPELL LTD
Properties; and authorizing the Mayor to sign.
As authorized by Section 551.071(2) of the Texas Government Code, Mayor
Hunt convened into closed Executive Session at 8:08 p.m. to seek consultation
from the City Attorney and reconvened into the Regular Session at 8:17 p.m.
Presentation: Mindi Hurley, Director of Community Development, made a
presentation to the City Council.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Gary Roden, that this Agenda Item be approved.
Aye: 4 - Councilmember Cliff Long, Councilmember Brianna Hinojosa-Smith,
Councilmember Wes Mays, Councilmember Gary Roden
Nay: 2 - Mayor Pro Tem Mark Hill and Councilmember Biju Mathew
The vote on the motion was 4-2, the motion carried.
9. Consider approval of awarding a contract to Custer Construction in the
amount of $122,059.16; for the reconfiguration of the lobby and
Community Services counter area at 265 Parkway Boulevard; provided
for by CARES Act Funds; and authorizing the City Manager to sign any
necessary documents.
Presentation: Kent Collins, Director of Public Works, made a presentation to
the City Council.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Brianna Hinojosa-Smith, that this Agenda Item be approved.
The motion passed by an unanimous vote.
10. Consider approval of award to enter into a contract with The Garland
Company for the emergency replacement of the roof at 265 Parkway
Boulevard, in the amount of $300,000.00, as provided from the fund
balance of the Infrastructure Maintenance Fund; and authorizing the City
Manager to sign any necessary documents.
Presentation: Steve Shore, Facilities Manager, made a presentation to the City
Council.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Cliff Long, that this Agenda Item be approved. The motion
City of Coppell, Texas Page 5
City Council Minutes November 10, 2020
passed by an unanimous vote.
11. Consider a Resolution of the City of Coppell approving the placement of
a plaque commemorating the contribution of Lou Duggan at Coppell
BioDiversity Center in the City of Coppell, Texas; and authorizing the
Mayor to sign.
Presentation: Molly Bujanda, Community Programs Manager, made a
presentation to the City Council.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Wes Mays, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Enactment No: RE 2020-1110.1
12. Consider approval of appointments to the City's Boards and
Commissions.
City Secretary Ashley Owens read the following names into the record as
proposed Board and Commission appointments:
ANIMAL SERVICES ADVISORY & APPEALS BOARD
1 Veterinarian Member (2 -year term of office) - Dr. Patty Weber
BOARD OF ADJUSTMENT
3 Regular Members (2 -year term of office) - Mark LeGros, Kim Grubb, Laura
Ketchum
2 Alternate Members (2 -year term of office) - Paul Colton, Rhett Hickey
COPPELL RECREATION DEVELOPMENT CORPORATION
5 Regular Members (2 -year term of office) - Mahbuba Khan, Thomas Dwyer,
Majid Husain, Aaron Straach, Richard Rewerts
FUTURE ORIENTED APPROACH TO RESIDENTIAL DEVELOPMENT (FOARD)
3 Members (2 -year term of office) - Russell Cowdrey, Sheila Maness, Yvonne
Silva
2 Alternate Members (2 -year term of office) - Kamesh Subbarao, Subbu Venkat
LIBRARY BOARD
4 Regular Members (2 -year term of office) - Frank Gasparro, Mathew Ittoop,
Anne Diamond, Michelle Ostrander
LIBRARY BOARD -YOUTH ADVISOR
2 Students (1 -year term of office) - Kate Markham, Vishnu Marella
PARKS AND RECREATION BOARD
City of Coppell, Texas Page 6
City Council Minutes November 10, 2020
4 Regular Members (2 -year term of office) - Ed Guignon, Maheshika Ratnayake,
Nick Paschal, Zainab Tinwala
1 Alternate Member (2 -year term of office) - Chaitnya (Chaitu) Jaya
PARKS AND RECREATION BOARD -YOUTH ADVISOR
2 Students (1 -year term of office) - Advika Varadharajan, Natasha Banga
PLANNING & ZONING COMMISSION
3 Regular Members (2 -year term of office) - Cindy Bishop, Freddie Guerra, Jim
Walker
SMART CITY BOARD
1 Regular Member (2 -year term of office) - Erin Bogdanowicz
1 Alternate Member (2 -year term of office) - Cailin Swingle
SPECIAL COUNSEL
Minimum of 1 Regular Member (2 -year term of office) - David Crawford
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Biju Mathew, that this Agenda Item be approved. The motion
passed by an unanimous vote.
13. City Manager Reports - Project Updates and Future Agendas
Deputy City Manager Vicki Chiavetta reported that landscaping on Freeport is
being put in.
Fire Station 4 is nearing completion. The project is on schedule and on budget.
We expect to see construction complete late December, and fully operational
in mid -late January.
The Asbury Manor trail intersection repair will be completed tomorrow. All
they have left is sod, which will be done in the morning. We reopened the
trail this Monday.
MacArthur Blvd Trail will be completed by the end of November, all that's left
is a small stretch along Starleaf from MacArthur Blvd down to MacArthur Park.
Holiday decorations are going in at Andrew Brown Park and at Town Center,
the lights are installed.
COPPELL ARTS CENTER PROJECT UPDATES:
Last remaining CORE punch list items are isolated to theatrical systems and
commissioning.
In October, we saw over 9,000 visitors through voting, building tours, and
City of Coppell, Texas Page 7
City Council Minutes November 10, 2020
gallery viewings.
The digital touch -free game experience, Digi Land, opened last week to the
public.
The Coppell Community Chorale performed a live stream concert in the Main
Hall this past weekend.
The Locally Sourced exhibit will be switching out this weekend with an exhibit
from the Texas Sculptors Association held in the Mr. Cooper Group Lobby
Gallery.
Registration for our Gobble Wobble Virtual 5K is open. Participants can sign up
now and then walk or run the 5K at a time of their choosing from 11/26 — 11/29.
Participants get a t -shirt as a part of their registration and proceeds will go to
Coppell Animal Services to provide for necessities for animals during the
holiday season. (coppelltx.gov/events)
Registration for our holiday lights contest - Fa La La La Lights will begin soon.
It will be a holiday lights contest similar to Red, White & Views, except that
we'll be encouraging participants to do lighted nighttime displays. More info is
upcoming.
14. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
A. Rolling Oaks Memorial Center, located at 400 S Freeport Pkwy, will host a
memorial ceremony for Veterans Day to honor those who served in the Armed
Forces on November 11th at 11 AM. There will be a Color Presentation by
Coppell Fire Department Honor Guard, music will be provided by Coppell
Community Chorale, and the Speaker Chaplain will be Major Nathan Tucker of
the United States Air Force. If you are or know a veteran, please RSVP with a
name, branch, and rank to Gary Decker at gdecker@coppelltx.gov or call
972-462-5147, so we may recognize you or your loved one during the
ceremony. Social distancing will be observed. Please wear a mask.
B. Coppell residents may stop by the Coppell Service Center, 816 S. Coppell
Road, between the hours of 8 am and noon on November 14th, to Celebrate
America Recycles Day with Keep Coppell Beautiful by having your documents
safely shredded and recycled by PROSHRED! Please place your four boxes in
your backseat or trunk for a contactless experience. The PROSHRED crew will
remove documents to be shredded from your trunk or backseat. If you need to
speak with any of the PROSHRED crew, we ask that you please wear a mask
for their safety. All shredded paper will be recycled, and your container will be
returned to your trunk or backseat. Residents are encouraged to come early to
ensure space in the truck for their documents. For more info, contact
kcb@coppelltx.gov.
C. For more than 20 years, the Coppell community has come together to Make
a Child Smile by donating gifts to deserving children in Coppell ISD. Though
many things may have changed this year, the community's dedication to
assisting residents in need has not. To help ensure that the spirit of giving
continues to flourish, while also protecting the health and safety of residents,
City of Coppell, Texas Page 8
City Council Minutes November 10, 2020
the City of Coppell has announced a makeover to this year's Make a Child
Smile program. Through Tuesday, December 8, visit
makeachildsmilecoppell.com to select a virtual ornament that includes a
child's gift preferences, clothing sizes, and more. Simply fill in your contact
information and submit your request to grant the child's wish! Purchase
clothing and/or toys for the child. The program's goal is to provide at least one
toy and one article of clothing for each child.
When you are ready to return your gifts, contact Andrea Parker at
aparker@coppelltx.gov to schedule an appointment for drop off. Please return
all wrapped gifts — in an opaque bag with the family number, gender and age
of the child attached to the bag — to the City Manager's Office no later than
Tuesday, December 8. City staff will deliver the gifts prior to Christmas. For
more information, call 972-304-7016 or email aparker@coppelltx.gov.
D. There will be a Runoff Election for City Council Place 5 — Election Day is
December 8th, please check the city's Election page for more information at
coppelltx.gov/election for polling locations and times.
15. Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
A. Report on Dallas Regional Mobility Coalition - Councilmember Gary
Roden
B. Report on Woven Health Clinic - Mayor Pro Tem Mark Hill
C. Report on Metrocrest Services - Councilmembers Biju Mathew and
Wes Mays
A. Councilmember Gary Roden reported that Dallas Regional Mobility Coalition
is preparing their agenda for the upcoming legislative session. Mr. Roden
reported the sad news that DeSoto Mayor Curtistene S. McCowan passed away
as a result of her battle with cancer. Mayor McCowan served on the Coalition
and will be missed by all.
B. Councilmember Mark Hill reported that Woven Health Clinic is holding a
virtual fundraiser for Healthly Lives = Healthy Communities. The program offers
health services and is made possible through donors and volunteers. Donations
are accepted online at www.wovenhealth.org/donate.
C. Councilmember Wes Mays reported that the food pantry at Metrocrest
Services is still very busy. The need for rent assistance is very high in the
Carrollton and Farmers Branch area. Coppell and Addison has seen a decline.
Metrocrest Services will be celebrating their 50th Anniversary.
16. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
Nothing to report.
17. Necessary Action from Executive Session
There was no action resulting from Executive Session.
18. Adjournment
City of Coppell, Texas Page 9
City Council Minutes November 10, 2020
There being no further business before the City Council, the meeting was
adjourned at 9:42 p.m.
Karen Selbo Hunt, Mayor
ATTEST:
Ashley Owens, City Secretary
City of Coppell, Texas Page 10
CFFELL
Tuesday, November 17, 2020
KAREN HUNT
Mayor
CLIFF LONG
Place 1
BRIANNA HINOJOSA-SMITH
Place 2
WES MAYS
Place 3
MIKE LAND
City Manager
City of Coppell, Texas
Minutes
City Council
8:00 AM
Canvass of Municipal Election
MARK HILL
Mayor Pro Tem
GARY RODEN
Place 4
NANCY YINGLING
Place 5
BIJU MATHEW
Place 6
Present 3 - Karen Hunt -,Gary Roden and Biju Mathew
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers
Absent 5 - Cliff Long;Brianna Hinojosa-Smith;Wes Mays -,Nancy Yingling and Mark Hill
Also present were City Manager Mike Land, City Secretary Ashley Owens and City
Attorney Robert Hager.
The City Council of the City of Coppell met in a Special Called Session on Tuesday,
November 17, 2020 at 8:00 .m. in the City Council Chambers of Town Center, 255
Parkway Boulevard, Coppell, Texas.
1. Call to Order
Mayor Hunt called the meeting to order, determined that a quorum was
present and convened the meeting at 8:02 a.m. She explained that for the
purpose of this meeting, only two Councilmembers are required, in
accordance with the Election Laws.
2. Consider approval of a Resolution canvassing the returns and declaring
the results of the November 3, 2020 General Election for
Councilmembers Place 1, Place 3, Place 5, and Place 7; and ordering a
Runoff Election to be held on December 8, 2020, for the purpose of
electing a City Councilmember for Place 5; and authorizing the Mayor to
City of Coppell, Texas Page 1
City Council Minutes November 17, 2020
Adjournment
sign.
City Attorney Robert Hager read the Resolution into the record.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Biju Mathew, that this Resolution be approved. The motion
passed by an unanimous vote.
Enactment No: RE 2020-1117.1
There being no further business before the City Council, the meeting was
adjourned at 8:13 a.m.
Karen Selbo Hunt, Mayor
ATTEST:
Ashley Owens, City Secretary
City of Coppell, Texas Page 2
C',P FE L
File ID: 2020-5407
Version: 1
File Name: Janitorial Renewal
City of Coppell, Texas
Master
File Number: 2020-5407
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: Engineering
File Created: 11/11/2020
Final Action:
Title: Consider approval of award for a renewal of city-wide janitorial services
contract to Oriental Building Services for a one-year period; beginning
November 1, 2020; in the amount of $392,000.00; as budgeted in the General
Fund; and authorizing the City Manager to sign any necessary documents
Notes:
Sponsors:
Attachments: Renewal of Janitorial Services Memo.pdf, Oriental
Building Executed Contract.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5407
Title
Consider approval of award for a renewal of city-wide janitorial services contract to Oriental
Building Services for a one-year period; beginning November 1, 2020; in the amount of
$392,000.00; as budgeted in the General Fund; and authorizing the City Manager to sign any
necessary documents
Summary
Fiscal Impact:
Funds have been budgeted in the General Fund, Facilities for this contract.
Staff Recommendation:
The Public Works Department recommends approval.
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5407)
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 2 Printed on 12/4/2020
MEMORANDUM
To: Mayor and City Council
From: Steven Shore, Facility Manager
Kent Collins, P.E., Director of Public Works
Date: December 8, 2020
Reference: Contract Renewal for Janitorial Services
2040: Pillar 0: Sustainable City Government
Goal 3: Well-maintained City Infrastructure
General:
• In 2019 a Request for Proposals was utilized with weighted evaluation criteria.
• The lowest responsive, responsible bidder was Oriental Building Services, Inc.
• The original agreement term was effective June 1, 2019 — May 31, 2020 with (4) four (1) one-
year renewals. This request is for the first renewal.
• The contract includes service to 16 municipal buildings including the provision of cleaning
supplies and materials.
Introduction:
This agenda item is being presented to consider approval of awarding renewal one (1) of RFP #Q-
0419-01 Janitorial Services of 16 Municipal sites to Oriental Building Services, Inc. for a one-year
period beginning October 1, 2020, with options to renew an additional three (3), one-year terms, as
budgeted; and authorizing the City Manager to sign any necessary documents.
Analysis:
In 2019, the City of Coppell Facilities Division received proposals for Janitorial Services from
approved and licensed Janitorial contractors to provide Janitorial Services for 16 Municipal buildings,
including the provision of cleaning supplies and materials. Due to this contract being for citywide
service, the proposals were evaluated by a committee that included representatives from Purchasing,
Fire, Police, Parks and Public Works.
Facilities worked with Purchasing to solicit the proposal
1
In 2019 Oriental Building Services was awarded a five-year contract with review and renewal
annually.
Legal Review:
The City's standard form contract is being utilized and is reviewed periodically by the City Attorney.
Fiscal Impact:
Fiscal impact of this Agenda item is $392,000.00, as budgeted.
Recommendation:
The Public Works Department recommends approval of this item.
STATE OF TEXAS §
§ AGREEMENTFOR CLEANING ANI) REIATIA) SERVICES OF
COUNTY OF DALLAS § MUNICIPAL BIALDINCS
This Agreement Cor Cleaning and Related, Services of'Municipal Buildings ("Agreement") is
made by and between the City of Coppell, Texas ("City-) and Oriental Building Services,, Inc., a
Texas domestic non-profit corr,)Oratiffll ("Contractor") (each a "Party"' and collectivelythe "Parlics"),
acting by and through their authorized representatives.
RECITALS:
WHEREAS, the City desires to engage tile services of Contractor as all independent
contractor, and not as ail employee, to provide the services described in E'xhibit "A" (the "Scope Of
Services") to perforni I'vill servicejanitorial Services at the sixteen (16) Cily-mvned fiacilifies located
In (tie, (" ity ofCOPPeIVI'lexas, identified it, tile Scope of'Services (the ,Services"), and
WHEREAS, the Contractor desires to render the Services For the City on the terms and
conditions set forth in this Agreernent;
NOW 'T"EIREFOJIE, in exchange for the IllUtUal covenants set, forth herein, and other
valuable consideration, the sufficiency and receipt of'which are hereby acknowledged, tile Parties
agree as follows:
Article I
Term
1.1 The initial terni, ofthis Agreement shall be for an initial term commencing on June 1,
2019 (the "E'lTective Date") and ending on May 3 1, 2020 ("Initial Term"); Provided. however, that
City shall have the right and option to extend the term lbr up to four (4) additional one (I ) year terms
by, Providing written notice to Contractor of the City's election to extend the term hereol, such notice
to be given not more than ninety (90) days prior to the expiration of tile Initial 'I'erjw
1.2 Either Party may terminate this Agreement by giving thirty (30) days prior written
no�tice to the other Party. Contractor shall be entitled to cornriellsatioll, for ail), Services completed to
the reasonable salistaction ofthe City in accordance with this Agreement prior to SUch termination.
Article 11
Scope of Services
"flue Contractor shall perform Janitorial services ill colillection with the Services as set
fbi-th in the Scope of Services.
Article III
Schedule of Work
i, Agreement, for Cleaning and Related Services (,of Municipal Buildings
City, ()f Coppell and Oriental Building Set -vices, Ine, (TM 10 254
Contractor agrees to coniplcte the required Services in accordance with the Scope of Services.
Article IV
Compensation and Method of Payment
4,1 Contractorivill be compensated in accordancewith the payment schedule and aniounts
set forth in the Scope of Services, not to exceed as total arnousit oFF hree Hundred and Sixty -Seven
Thousand Nine Hundred andTwenty Dollars ($367,920.00) for each term of` the Agreement, Unless
otherwise provided herein, payinent to the Contractor shall be monthly based on the Contractor's
monthly progress report and detailed nionthly iteinized staternent for Services that shows, the names
of the Conti -actor's employees, agents, contractors performing the Services, the time worked, the
actual Services Performed, the rates charged for soch Service, the total aniount of fi.-e carned to date
and the aniount due and payable as ofthe current statement, in a 1.oTni reasonably acceptable to the
City, Monthly statenients shall include authorized non -salary expenses with suppotling iterilized
invoices and documentation, 'rhe City shall pay such rii(.,)nthly statements \vithin thirty (30) days, after
receipt and City verification of the Services and expenscs unless otherwise provided herein.
4.2, The parties acknowledge that the Agreement pricing is based on the federal and state
mininiurn Nvage rate current at the effective (late of' this Agreement, and agree that the cost of any
statutory raises to said mininium wage rate enacted during the term of this Agreement shall be borne
by the City.
4.3 [Jifless otherwise provided in the Scope of Services, Contractor shall be resp orisible
for all expenses related to (Ile services provided pursuant to this Agreement including, but not litilited
to. travel, copying and facsimile charges, telephone, internet and email charges.
Article V
Devotion of Time; I-lersonnel; and 1"Auipment
SA Contractor shall devote such tinie as reasonably necessary for the satisfactory
perforniance of the Services under this Agreement. Should the (,"ity require additional services not
included under this Agreement, Contractor shall make reasonable effort to provide Such additional
services \vithin the tfirie s,ched,ule without decreasing the of of" the performance of services
required Linder this Agreement, nand shall be compensated for such additional scrviccs on a filile and
materials basis, in accordance with Contractor's standard hourly rate schedule, or as otherwise agreed
beiNveen the Parties.
5„2 'To tlie extent reasonably necessary for tile Contractor to perform. the services under
this Agreement, Contractor shall be authorized to engage the services of any agents,, assistants,
persolls, or corporations that the Contractor may deerri proper to aid or assist in [lie perfi,)rniance of
the SCI-ViCCS Under this Agreement. 'Flie cost Of Such PCN01111el and assistance shawl I be included as part
ofthe total compensation to be paid Contractor hereunder, and shall not otherNvise be reimbursed by
the City unless provided differently herein.
53 Conti -actor shall furnish the equipri'ient., supplies, and personnel 1jeCeSSary to perforni
the Services required under this Agreement unless otherwise provided herein.
Pa . ge 2 � Agreemerit for Cleaning and Related Services of Municipal Buildings
(jty of Coppell and Oriental Building Services, Inc. (TM 111 -4)
5.4 City shall provide space for all equipment supplied by Contractor which remains on
theJob site during the. life of the Agreement. 'file eqUipulent must be inainlained in good operating
condition and in sufficient quantities to adequately perforin all Services and available to tile
Contractors' employees at all times, All equipment must by OSIIA certified and/or meet all OSHA
req Uirerrients,
5,5 All supplies furnished by the Contractor shall be stored ill thej, itor closets located
at each facility, and, must be labeled in accordance with OSHA regulations. A penalty of$ 100.00 per
occurrence Nvill be deducted from the contract aniount NvIlen violations, oftSHA standards are, noted,
Ai- isle V1
Miscellaneous
6.1 Entire Agreenlent. '['his Agreement constitutes the sole and only agreement between
the Parties and supersedes any prior understandings written, or oral agreements between the Parties
with respect to this subject matter,
6,2 Assig_qilient, "I'lle Contractor may not assign this Agreenient.
63 Successors and Assigils. Subject to the provisions, regarding aqsigntrient, this
Agreement shall be binding on and inure to the- benefit of the Parties to it and their respective heirs,
executors,,, administrators, legal represenuatives, successors and assigns.
6.4 ("Joverilim-,Law '. The laws of'lhe State ol'Texas shall over this Agreement without
regard to any conflict of law rules; and venue for any action concerning this Agreeilient shall be in
the State District Court of Dallas County, Texas. The Parties agree to submit to the Personal and
subject rnatterjurisdiction of said court.
6,5 Amendments, This Agreement may be amended by, the inulual written agreement of
the parties.
&6 Severability. In tile event any one or more of' tile provisions contained in this
Agreenlent shall f'or any reason be held to be invalid, illegall, or unenforceable in any rCSPCCt1, SUCII
invalidity, illegality or unenforceability shall not affect any other provisions, and tile Agreement shall
be construed as if such invalid, illegal, or Ullenforceable provision had never been contained in it,
6,7 1 Lide i
!jjj�,l Or. It S understood and agreed by and between [lie Parties that
Contractor, in satisfying the conditions of this Agreement, is acting independently, and that the City
assuirtes no responsibifity or liabilities to any third party in connection with these actions. All services
to be perfomied by Contractor pursuant to this Agreement shall be in the capacity ofan independent
contractor, and not as an agent or employee of the City. Contractor shall supervise the performance
of its Services and shall be entitled to control tile manner and means by which its services are to be
performed, sub�ject to the terms of this Agreement.
6,8 Notice. Any notice required or permitted to be, delivered hereunder may be sent by
first, class, mail, overnight courier or by confirmed telefax or facsimile to the; address specified below,
Page 3 Agreement for Cleaning and Related Services of Municipal Buildings
� CitY of Coppell and Oriental Building Services, Inc, (TNI 108254)
or to such other Party or address as either Party may designate in \N-riting, and shall be deerned
received three (3) days after delivery set forth herein:
Ifintended for City:
Attw Chief Procurement Officcr
Procurement Services
City of Coppell, Texas,
255 Parkway Blvd.
Coppell, Texas 75019
If intended for Contractor:
Oriental Building Services, Inc,
Attn: Nixon Sburn
2526 Manana L)r,, Suite 208
Dallas, Texas, 75220
6.9 Insurance.
With as copy, to:
Robert Hager
Nichols, Jackson, Dillard, Flager & Smith, LIT
180() Ross Tower
500 N. Akard Street
Dallas, Texas 75201
(a) Contractor shall during [he term hereoftnaintain in full force and effect the rolloNving
insurance: (i) a comprehensive general commercial liability policy, of insurance for
bodily illjUry, death and property damage insuring against all claims, demands or
actions relating to the Contractor's performance of services; pursuant to this Agreement
with as rninimurn, combined single limit of not less than $ 1,000,000.00 per occurrence
for injury to persons (including dealh), (ii) public liability insurance policy NA(Ith an
aggregate limit of not less than $ 1,000,000.00 and products and cornpleted operations
liability aggregate limit of" no less than $1,000,()t)(100; (iii) City's, Protective Liability
insurance policy Nvith a ininirrium, limits of not less than $600,000.0O per Occurrence
and not less than $1,000,000 Aggregate, (iv) excess /urnbrella liability insurance policy
coverage Nvith a limit of not less than S 1,000,00().00 per occtirrence with drop doN;vn
coverage, (v) policy Of' aMtOrnobile liability insurance covering any vehicles owned
andlor operated by Contractor, its officers, agents, and employees, and used in the
performance of this Agreement with policy, finins of not less than $500f ,000.00
cornbined single limit and aggregate for bodily in.Jary, and property damage; and
(iii) statutory Worker's Compensation Insurance at the statutory limits and Employers
Liability covering all ol"Contractor's employees involved in the provision ofservices
Linder this Agreement.
(b) All policies of insurance shall be endorsed and contain the following provisions: (I)
name the City, its officers, and employees as additional insureds as to all applicable
coverage with the exception of Auloinobile IJability Insurance and Workers
Compensation Insurance; and (2) provide for at least thirty, (30) days prior writlen
notice to the City f'or cancellation of,'the insurance; (3) provide for a Nvaiver of
subrogation against the City for in.juries, including death, property damage, or any
other loss to the extent the sarne is covered by the procceds ofinsurance, Contractor
Page, 4 Agreement for Cloining and Related Services of Municipal Buildings
� City of Coppell and Oriental Building Services, Inc, (TM 10825,4)
shall provide written notice to the City of any material change ofor to the insurance
reqUired herein,
(c) AtI insurance companies Providing the required iTISUranCC shall be authorized to
transact business in Texas and rated at least "A" by AM Best or other equivalent rating
service,
(d) A certificate of insurance and copies of tile policy endorsements evidencing the
required insurance shall be submitted prior to coniniencenient of Services and upon
request by the City.
(e) Contractor shall cause all subcontractors perfornfing Services in coniphance with this
Agreement to obtain insurance coverages, as required in Section 6,9 (a) (d) herein,
�,vhich shall remain in full force and effect during the ter ni of this Agreement.
6. 10 Indemnification.
(a) CITY SHALL NOT BE I.IABLI,-' F'OR ANY LOSS, DAMAG!",", OR INJURY OF
ANY KIND OR C11ARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE
SIERVICE,S OF CONTRACTOR PURSUANT TO THIS AGREFMf,,N`l'. CONTRACTOR
HEREBY WAIVES AI -J, (.`,LA1MS, AGAINST CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES (COLI-J.",CTIVELY REFERRED `fO IN THIS S1.`CT1ON AS "CITY") FOR
DAMAGUFO ANY PROPERTY OR INJIJRY-ro, OR DEATI-i 017, ANY PERSON ARISING AT
ANY T]ME AND FROM ANY CAUSE OTIIER THAN THE' NEGLIGE�NCF OR W1f--J,JJJL
MISCONDUCT OF CITY OR BREACH OF' CFFY'S OBLIGA17IONS HEREINDE.,1R.
CONTRACTOR A(IRIFIE"IS 1-0 INDEMNIFY AND SAVE HARMLESS CITY f"RON/1 AND
AGAINST ANY AND ALL LIABIL[TIF-ES, DAMAGF"S, CLAIMS, SI. H"S. COS"I'S (INCLUDING
COURT COSTS, REASONABLE ATTORNEYSf-J"T'S AND C()S1-S OF INVESTIGATION)
AND AC"I'TONS OF ANY KIND BY REASON Of` INJ'[.,JRY'FO OR DFATI-I OF ANY PFRSON
OR. DAMAGE TO OR LOSS OF PROPI,`1R`1'Y TO THE EXTENT CAUSED 13Y TI -IF
C,ONTRACTOR'S NEGLIGENTPE"RFORMASNC E OF SERVICES LNIM"R THIS AGRI"EMENT
OR BY REASON OF ANY N!"'GiLIGENT' ACT' OR OMISSION ON 1"HE PART OF
CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANFS, EMPLOYEES,
TRACTORS
REPRI.,,"SENTATIVES, CONSui.:I-ANTS, LICENS1.11"IS, SUCCESSORS, SUBCON
OR PERMH ITED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS,
INJURIES, DEATFIS OR DAMAGES ARISFFROM OR ARE A-1"FRIBUTED TO NTNG I-IGENCE
OF THE CJTY, IN WHOLE OR IN PAR`],, IN \V1,1104 CASI.," CONTRACTOR SHALL
INDEMNIFY CITY ONLY TO THE ExTENT OR 11ROPORTiON OF NT- 1,'GI,IGE`NC'E
AT FRIBUTED TO CONTRACTOR AS DEA -F ' RMINED BY A COURTOR arl-JER FOR[ Jm OF
COMPE"I"'ENT JURISDIC"Fl(N. '11111'�, CONTRAC'YOR'S OBLIGATIONS UNDER THIS
SECTION SIJALL NOT 131, LIMITED 'FO THE"' LIMITS OF COVERAGI' 01" INSURAN('E
MAINTAINED OR RlN'C DIRED TO BE MAINTAINED BY CONTRA(JOR UNDER THIS
AGREEMENT. TFUS PROVISION SHALL SURVIVE. 'HIF" 'FERMINNTION OF THIS
AGRI JEIMFINT.
Page, Agreement for Cleaning and Related Services of Municipal Buildings
Cily of Coppell and Oriental Building Services, Inc. JM 1082 4)
6.11 COUnterparts. This Agreement nlay be executed by the Pailies hereto in separate
counterparts, each of' which when so executed and delivered shall be ail original, but all such
counterparts shall together constitute one and the same ins(runient. l."ach couriterpart may consist of'
any number of copies hereof each signed by less than all, but together signed by all of the flarlies
hereto.
6,.12 Exhibits. The exhibits attached hereto are incorporated herein and made as part, hereof
for all pUrj)OSCS.
[Signature Page to Folloi,vl
Page 6 Agreement for Cleaning and Related Services of Municipal Buildings
� City of Coppell and Oriental Building Services, Inc. (TM 108254)
EXECUTED this Try of
1, 01" copnj
EXECUTED this
0
mm
19.
T t;', X AS
City Manager
A,ru.,s,r:
B
(, "Chi r Aii s t c I PP etttiiitis, (City S"Cuecill
day ol'_.. . ........... 2019�
ORII!',N'FAL Bul LDING , SE INC.
Bv:
Narne� 1�1+
'Le�-Ylf . ..........
Title. Fte-&-:41mv- -1111—
i;a-e7-- I Agreement for Cleaning and Related Services of Municipal Buildings
City of Coppell amid Orien(al Building Services, inc, crm 108254)
13011189�
('10PE OF SERVICES
A. GENERAL STATEMENT OF WORK
Conti -actor shall provide full servicchanitorial & Cleaning services to the City ot'Coppell
facilities listed herein in accordance with this Agreement and Scope of Services. There are
currently 16 facilities totaling approxiniately 2 10,000 square feet included in this Scope of
Services.
B. JANITORIAL SPECIFICA,rIONS
1. GENERAL CLEANING
The fol lowing general cleaning services shall be performed as speci fied by COD tractor at the
City's Facilities:
A. Common Areas/Offices/Breakrooms
,Night�y services
Erripty and replace liner in all! Nvaste receptacles (includes exterior receptacles)
Empty recycle containers and dispose in outside recycle containers
Spot clean interior glass
Vacuum and spot clean all common areas/stairs, (ilICILIdeS exterior mats)
Sweep and rnop hard surface floors
Vacuum all walk off mals
Clean arid disinfect drinking fimmains
Complete cleaning of"clevator cabs
(,',lean and disinfect stovetoj)s, refrigerators, microwaves (the exterior ofappliance ONLY)
0 Clean an(] disinfect breakroom tables/chairs
Polish breakroorn sinkS/C0Untejtops
Disinfect all high tOLICII SUrfaccs including hetet not limited to doors, door handles, push
plates, switch plates and hand railings
Spot clean finger prints on glass doors and windows
lf`eektj,� &rvices
l ust all horizontal surfaces, inchiding bookshelves, (without moving papers or personai
items), window ledges, blinds, ftirniture, arms/bases, door fratiles
Polish all tnarble tops (Council chaniber, breakroonis, etc.)
Vactann all offices and conference roorns
Clean Inside/OulsideTrash Receptacles
Sweep & Mop Employee Stairwells
• Dust lighting sconces
DUSt piCtUrc fraines in coninion areas
Page I I Exhibit A to Agreement for Cleaning and Related Services of Allun,icipal Buildings
� City of Coppell! and Oriental Building Services, Inc.
Afonth4, Services
• Polish brass fixtures
• Scrub/BuffiWax all hard floor surfaces,
• Dust IJVAC returns and vents
Ni,htl)7 'ervicev
0, F m pi y and rep] ace I i ner i ri waste receplac I es
• Sweep/niop floors with disinrectant
• Scrub all toiletsturinals with disintectant to include exterior sunt laces (underside of boNOs)
• Clean./Polish nfirrors, dispensers, countertops
• Clean/Polish door hardware/kick plates
• Scrub and disinfect showers,
ff'eekly Seripices
0 Scrub and disinfect filed wall and partitioned surl'aces
6, C'leari and disinfect to partitions
0 Disinfect and flush all floor drains
Cleats Inside/Outside of Trash Receptacles
Month ' Se'rt'iees
Scrub/Bu 1 '17 Wax tile floors
• Clean grills, vents, light fixtures to prevent cob,,Nvebs
• Clean all baseboards
Sjwcial Da'rfitne ,ervices Needed.
Need, one (1) floating custodian to address anyjanitorial issues,, at any facility as f'(')Hows:
Monday -Friday 8:00 a,ni. to 6:00 Imm
This custodian will include the part-time work to be clone at the Library and the Senior Center; see
Special Detail.
Page 12 Exhibit A to Agreement for Cleaning and Related Services of Municipal Buildings
� "qtyof Coppell and Oriental 'Building Set -vices, Inc,
IL LASTOF CITYFACHATIES/ CLEAN ING SCHEDULF
Recreation Center (50,000 sq. ft)
7 daysAveck (special detai I)
234E Pa!jsy
..........
-Lay.
Library (32,093 sq, 11.)
7 daysAveek (special detail)
177N I leartz
.... . ...... .
Coninit,mity/Senior Center (11 4,( 0C O sq. ft.)
7 (lays/week (special detail)
315- E. Bethel ....... .. .
. . ......
Justice Center (25,000 sq. 11.)
7 days/week (special detail)
130Town Center Blvd . ............
- . -- -- - - — - --------
Town Center (33,00O sq, 1,L)
5 days/week
2 Paj*ry,\y, L-3l"&
Developmental Services (20,733 sq. ft,.)
5 days/week
265 ParkwaBlvd
Y - T - . ...............
.. . . . ........
Service Center (10,000 sq. ft.)
5 days/week
816 S. C qpp�LRoq(j....
'renip i,,,ibrary Building (5,(.100 sq. 11.)
5 days/week
500 Southwestern - ---------
. . . . .............. .
./fir itnal Shelter (1,800 sq. (t, - not kennels)
5 days,/week
2 1- Vin. —P _ ____
A Co pelLf��4cL
'Fennis Center (1,000 sq. )1.)
5 days/week
950 Creekview Dr.
m.days/,,Nreek
l"ire'l"raining Facility (3,000 sq. ft.)
5
13 3 E� Y�T:k1Y1V-TY--
Arts Center (2,,000 sq. ft. - nol, theatre)
2 day/week
157 S. Moore Rd . ............ . . .. . .....
Columbarium and Pavilion 1,000 sq. l"O
5 day/week
40O S, -re po
�� - -
- - - - ---------- ....s. ....... -
_rt ....... m...__
Bio Diversity Center (4,000 sq• 11,11
5 day/week
345 S, Fre O'q P
T �JL
..... . ......
Historical Buildings/Restrooms
I dray/ week
Cornel"�C)j,p,ll Rd/Bethel Rd
-- -- — - .,-------- . ........ . . ...........
Li afety Park (7,500 sq. fl.)
5 days/week
8 16 S. Cqpp I R o ad
III.SPECIAL DETAIL CLEANING
In addition to the General Cleaning requiren'ients, set forth in Section B(l) herein, Contractor
shall perform special detailed cleaning at the following facilities as listed below:
I tzl-olibit A to Agreement for Cleaning and Related Services of Municipal Buildings
City of Copp,ell and Oriental Building Scrvices, Inc.
A. RECREATION CENTER
In Addition to Restroom/Common Area Cleaning Schedule, the following special detail applies
to Recreationi Center:
("iymnasitrai Floor: Dust Mop Nightly
Wet Mop with PH, Neutral C leaner Ni gh t I y
Scrub Quarterly
Aerobics Wood Floor: Dust Mop Nightly with Untreated Mop Head
Dust Mop'"rith Waterless Cleaner Weekly
tOdorless tnineral spirits/petroleuni distillates)
*Never usea bufter or scrub/niop with water!
Rubberized Flooring
Fitness Area: Vacuum Nightly
Wet Mop with P11 Neutral Cleanser Nightly
Tile Floors: Clean as per nlamfilCtUrer's specifications, scrub quarterly
Running'Frack Floor: Clean as per man u fac (tire r's specifications
1"ifiless F'quipment Units: Wipe down niglitly with designated cleaning solution.
Restroonts and Locker
Rooms: Cleaned COntinUOUSly throUghOUt the day, Surveying and cleaning
showers C011til'IUOUsly, as needed. Scrub and disinfect showers nightly.
Perforun very detailed cleaning, monthly.
.5pecial Dapime,5ei-vice.v Needed:
Need two (2) custodians (one male and one feniale) stationed on -duty at the Recreation Center as,,
1,61lows:
Monday-l"fiday 8:00 am. to 5:00 p,tm
Need one (1) custodian stationed on -duty at the Recreation Center as fbilows:
Monday -Friday 5:00 p.m. to 8:00 p.m.
Saturday 9:00a.m, to 4:00 pmi,
Aqualics areas:
Page l 4 Exhibit A to Agreement. for Cleaning and Related Services of Municipal Ruildings
� City of Coprpaell and Oriental Bui:ld,ing Services, Inc.
Offices (4): Saine Nightly, Weekly, and Monthly services as in other coninion area
offices
Exterior Pool Deck
Trash Receptacles: l"'mpty when needed during the day, and nightly, and wash out interior
of receptacles weekly,
Exterior Pool Restroorns
& Family Changing Roorn: Same Nightly, Weekly, and Monthly services as other connnora area
restroorns, PLUS check for areas needing attention'regularly during the
day (sumnier months only),
13. SENIOR AND COMMUNITY CENTER
*In addition to► restroom/common area cleaning schedule, the following detail cleaning applies
to the Senior and Community Center:
Sjvcial Dtq,finie Services Needed:
Need one (1) custodian stationed on-dUty at the Senior Center as fOjjC)NVr,":
Monday -Friday
Saturday
Nigh tlj� Services
Fitness Roorri:
2:00 p.ni. to 5:00 pmi.
11:00 ami. to 2:00 pmi.
• Wipe down with disinfectant all fitness equipinent
• Clean mats, vacunm� or wipe with cleaner
Kitchen:
• Clean/disinfect warming table and containers
• Clean/disinfect sinks
• Clean lower storage shelves under counters
• Clean and disirul"ect kitchenette (water and coffee area outside of'kitehen)
• Mol�) kitchenette floor (remove nial and clean under)
• Clean trash can openings (Kitchenette/Restrooms)
Craft Roorn/Garne Rooni
Page 15 Exhibit A to Agreement for Cleaning and Related Services of Municipal Buildings
� Ci�ty of Coppell and, Oriental Building Services, 11nic.
* Wipe down table and cousiter tops
# Sweep, and niop tloor
# Activities Room/Garne Rooni
# Vacuum Floors
* Wipe ']"able Tops
I,Veekty Service,.v
Kitchen:
• Disinfect and flush all floor drains
• Clean inside and outside of trash receptacles
• Dust roll up kitchen window
Patio Area & Exterior of Facility
• Clean patio furniture (remove dust and leaves)
• I'Mipty exterior trash receptacles (one at front entry & one on back patio)
• Clean exterior restroorns
• Wipe off benches at front entry
B. TEN,NIS CEN,rER
Nightly Services
Trash Removal: Remove trash and trash bags 1'rom all receptacles (indoor and
outdoor) and haul all trash and bags to the Service Center,
dunipster. No trash or trash bags should be left at the Tennis
Center overnight.
Restroorris and Locker Rooms: Scrub and disinfect showers nightly. Ilerform very detailed
cleaning, monthly
C. LIBRARY
* *Daily Service -D,4 Y POR TERat 414:3011IM; check an, d clean restrooms fir
cteanline.vs and paper products. See Common area instructions, above.
Nigh 4y Service:
* Clean and disinfect all table tops and chairs
# Wipe down patio furniture
P
it A to Agreenjeint for (Acaning and Related Services of Winicipal Buildings
City of Coppell and Oriental Building Services, Inc.
Weektr,Vervice:
# Dust all Library materials bo4shelves
D. JUSTICE CENTER/P01ACE DEPT.
**E,4 CH Eilk" LOY]"EASST GNED TO THIS F,4 CILITY MUST BE CLEAREM
• Online UIS Account set up by Police department etnPloym
• E'acli custodian must be fingerprintedand coniplete the IdentGo form.
• I lave as background check with no Monies, Class B Misdemeanors and no family violence
offenses.
• C,oniplete UIS online training arid, oblain cerfification.
I* Receive security addendum signed by vendor arid Chief'of Police,
Night�v Service:
* Clean and disint"ect training and weight roorns.
* 1"mpty Sally pot'( trash
* Leave extra supplies in Restroorns,
Restroorns and Locker Rooms: Scrub and disinfect showers nightly. Pert'()m very detailed
cleaning, monthly
C. PERSONNEL
1. EMPLOYEES:
Contractor shall employ as SLIffiCiem nUmber of'experiencedJanitors to adequately perform all
the specified duties and services, under this Agreement. All: janitors shall be familiar with the
schedule of'cleaning within their assigned areas as stated herein,
11. LIST OF EMPLOYEES:
Prior to any Services being pertormed under this Agreement, Contractor must, provideC"ity
with as list of all employees that will be assigned to, perform Services under this Agreement,
Said list shall be kept current and updated on; as regular basis, The list niust include all of'
the following inforrriation:
Page 17ENhibit A to Agreement for Cleaning and Related Ses enAcof MBulla ildings
� City of Coppell and Oriental Buildi�ng Services, Inc.
A. I" call Narne;
B. Date of Birth;
C. Social Sectirity I Nuniber; and,
D. Valid Drivers License Nuinber
IMEMPLOYEE IDENTIFICATION:
All employees of Contractor working in City of Coppell facilities must wear as photo I.D.
card at all tirnes, while perforniing dulies on City property showing:
A. Contractor's naine;
B. Conti -actor's Address and Phone Nuniber;
C. Employees Current Photo, and
1). Employee Naine,
MSUPERVISION�
A. Contractor shall assign not less than one (1) qualified supervisor to physically supervise
Contractor's employees and to ensure adherence to the cleaning schedule,
B. The supervisor shall be responsible, for all keys assigned to unlock facifitics and for the
Security of the building while Contractors eniployees are performing their duties. 'I 'he
supervisor will make certain that all doors are securely, locked prior to leaving each nigllt.
C. The supervisor shall be responsible for the conduct and perfon-nance of the contractors
employees and for ensuring diat all employees abide by the rules set forth in Section V
herein.
V. RULES AND REGULATIONS REGARDING CONTRAcrOR EMPLOYEE
CONDUCT:
Contractor's employees shall abide by the 1`61lownig rules and NgUlations when performing
tile Services under this Agreervient:
A. Contractor's employees shall not work under the influence of alcohol or drugs. Any,
employee appearing to be under tile influence ofalcohol or drugs shall not be permitted
in as City facility and should immediately be removed by the Supervisor on dUt.Y.
B. No loud or boisterous conduct Nvill be permitted.
C. Contractors employees shall not open desk drawers or cabinets at any time.
D. Contractors employees are not to use or laniper with any office unachines, equipment mid
City Employees' personal property at any tinic.
-Agreernent for Cleaning and Related Services of Municipal Buildings
Page I I City of Coppell and, Oriental Building Services, Ine.
E. Contractors employees are not to use City telephones, at any tune,
F, Contractors, employees are not allowed to sinoke ill Citybuildings.
G. Contractor employees must be able to speak and Understand 11"Alglish fluently.
D. CONTRACTOR FURNISHEI) EQUIPMENT AND SUPPLIES:
I. Contractor Shall furnish the equipment, supplies, and personnel necessary to perform the
Services, required under this Agreenient unless ('Xiierwise 1.)rovided herein.
11. City shall provide space for all equipment supplied by Contractor which remains on the job
site during the life ofthe Agreement. The equipollent must be inaintained in good operating
condition and ill sufficient quantities to adequately perform all Services and available: to the
Contractors' ernployces at all fillies, Clean niop heads n -rust be used in nightly activities. All
equipmetit must by 0SHA certified and/or meet all 0SHA reqUirenlemS.
III.All Supplies furnished by the Contractor shall, be stored in theJanitor clo,s,ets located at each
facility, and must be labeled in accordance with OSf IA regulations, A penalty of $100,00 per
occurrence will be deducted from the contract aiiiount when violations of OSIJA standards
are noted. Contractor must provide all "GRI -.1"N"' cleaning products and, sul�.)plies,
E. SPECIAL OR EMERGENCY CLEANING:
When directed by the Facilities Manager by written or verbal order, to clean any area required liar
a special occasion or made necessary by all emergency or mishap, Contractor shall furnish all
labor and supervision is required, to fulfill the order,
F. PENALXY FOR NON-COMPLIANCE:
Should Conti -actor fail to perform the required specifications as set folill in this Scope of, Services
herein, as, determined by the City, as $25.00 per OCC Urrence penalty fee will be deducted froill that
month's, payment, and copy, ofthe violation forwarded to the Contractor's SUpervisol'.
P]Exhibit to Agimr Cveent foleAlling and Related Services of Nitinicipal BuildingS
ge jj A
City mf C,'oppell and Oriental Building Services, lyre.
C',P FE L
File ID: 2020-5424
Version: 1
City of Coppell, Texas
Master
File Number: 2020-5424
Type: Agenda Item
Reference:
File Name: No Parking ORD Northlake Drive
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: Engineering
File Created: 11/30/2020
Final Action:
Title: Consider approval of an Ordinance amending Article 8-3, Parking, Section
8-3-1(A) of the Code of Ordinances by adding a subsection to make it
unlawful to stop, stand, or park any vehicle/truck weighing more than 1.5 tons,
at all times, on North Lake Drive; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: North Lake Drive No Parking Memo.pdf, North Lake
Drive - No Parking Exhibit.pdf, North Lake Drive No
Parking Ordinance.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5424
Title
Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the
Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park any
vehicle/truck weighing more than 1.5 tons, at all times, on North Lake Drive; and authorizing the
Mayor to sign.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
The Public Works Department recommends approval.
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5424)
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 2 Printed on 12/4/2020
MEMORANDUM
To: Mayor and City Council
From: Mike Garza, P.E., Assistant Director of Public Works
Kent Collins P.E., Director of Public Works
Date: December 8, 2020
Reference: Ordinance for No Parking on Northlake Drive for vehicles over one and one-half tons.
2040: Pillar 0: Sustainable City Government
Goal 3: Well-maintained City Infrastructure
General Information:
• This agenda item presents an ordinance prohibiting parking for vehicles over 1.5 tons
on Northlake Drive.
• This ordinance was requested by the Coppell Police Department.
• The Riverside Church will still be able to park on the street if needed.
Introduction:
This agenda item is being presented for approval of an ordinance amending Article 8-3, Parking,
Section 8-3-6 Truck parking (excess of one and one-half tons)
A. A person commits an offense if he stops, parks, or stands a truck -tractor, road tractor, semi -trailer,
bus, trailer, or truck with a rated capacity in excess of one and one-half tons, according to the
manufacturer's classification, upon any street or alley within any non-residential area of the city for a
period longer than four hours.
B. A person commits an offense if he stops, parks or stands a vehicle with a rated capacity over one
and one-half tons according to the manufacturer's classification on the following streets: Northlake
Drive, in its entirety.
Analysis:
At the request of the Coppell Police Department, this ordinance would prohibit the parking of vehicles
over one and one-half tons on Northlake Drive. An increasing number of vehicles, especially semi-
trailers are using Northlake Drive for overnight parking. This ordinance will still allow for vehicles
attending the Riverside Church under one and one-half tons to park on Northlake Drive in its entirety.
1
Legal Review:
The ordinance has been reviewed by the City Attorney.
Fiscal Impact:
The signs will be installed by the Traffic Division, as budgeted under Traffic Control.
Recommendation:
The Public Works Department recommends approval of this ordinance.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8
`TRAFFIC REGULATIONS', ARTICLE 8-3 "PARKING", SECTION 8-3-6
`TRUCK PARKING (EXCESS OF ONE AND ONE-HALF TONS),
SUBSECTION B OF THE CODE OF ORDINANCES TO ADD A NO TRUCK
PARKING ZONE ON NORTHLAKE DRIVE FOR ITS ENTIRETY;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Chapter 8 "Traffic Regulations", Article 8-3 "Parking", Section 8-3-6,
"Truck parking (excess of one and one-half tons)", Subsection B of the Code of Ordinances be, and
the same is hereby, amended to add a no truck parking zone on Northlake Drive for its entirety to read
as follows:
"CHAPTER 8 — TRAFFIC REGULATIONS
ARTICLE 8-3. — PARKING
Sec. 8-3-1. .....
Sec. 8-3-6 Truck parking (excess of one and one-half tons).
A. ....
B. A person commits an offense if he stops, parks or stands a vehicle with a rated capacity
over one and one-half tons according to the manufacturer's classification on the
following streets:
Bethel Road — North Side From its point of intersection with Coppell Road
eastward to its point of intersection with
TM 119416
SECTION 2. The traffic engineer shall erect official signs, curb markings, or street
markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations
designated herein.
SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity
of the Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor
and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine
2
TM 119416
Mitchell Street
Burns Road
In its entirety
Hammonds Road
In its entirety
Northlake Drive
In its entirety
Northpoint Drive
From its point of intersection with Sandy Lake
Road south and westward to its point of
intersection with Royal Lane"
SECTION 2. The traffic engineer shall erect official signs, curb markings, or street
markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations
designated herein.
SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity
of the Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor
and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine
2
TM 119416
not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day
such violation is continued shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
2020.
KAREN SELBO HUNT, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
TM 119416
C',P FE L
File ID: 2020-5423
Version: 1
City of Coppell, Texas
Master
File Number: 2020-5423
Type: Agenda Item
Reference:
File Name: Master Fee - December 2020
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: Finance
File Created: 11/30/2020
Final Action:
Title: Consider approval of a Resolution amending Resolution No. 010996.3 as
amended, amending the Master Fee Schedule for Rolling Oaks Memorial
Center Fees and Solid Waste Collection Fees; and authorizing the Mayor to
sign.
Notes:
Sponsors:
Attachments: Memo Fee Resolution December 2020.pdf, Master
Fee Resolution 12-08-20.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5423
Title
Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending
the Master Fee Schedule for Rolling Oaks Memorial Center Fees and Solid Waste Collection
Fees; and authorizing the Mayor to sign.
Summary
See attached memorandum.
Fiscal Impact:
Staff Recommendation:
The Finance Department recommends approval.
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5423)
Strategic Pillar Icon:
City of Coppell, Texas Page 2 Printed on 12/4/2020
a' 1-1 Er.:: '' r 0 F
0, P P E L L
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MEMORANDUM
To: Mayor and City Council
From: Jennifer Miller, Director of Finance
Date: December 8, 2020
Reference: Amending Fee Resolution
2040: Sustainable City Government
Introduction:
The fees charged by the City have been reviewed and the proposed changes are being brought forward for
Council's approval.
Analysis:
• The Rolling Oaks Memorial Center fees are being amended to reflect that it is the responsibility of the
Parks and Recreation Director to set those fees according to actual cost, market, demand and/or any
variable factor that will impact the cost to provide the products or services.
• The current Solid Waste contract with Republic provides for an annual adjustment of 3.0%. For the
residential customer, rates will increase from $17.18 per month to $17.70. The senior rate will increase
from $15.45 per month to $15.91. The commercial rates will reflect the same 3.0% increase. This
increase is effective January 1, 2021.
Legal Review:
This agenda item was reviewed by legal during the normal review of the agenda packet.
Fiscal Impact:
Recommendation:
The Finance Department recommends approval.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING
RESOLUTION NO. 010996.3, THE MASTER FEE SCHEDULE, AS
AMENDED, BY AMENDING THE ROLLING OAKS MEMORIAL
CENTER FEES, IN PART; AND THE GARBAGE COLLECTION FEES, IN
PART; AND PROVIDING A REPEALING CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, previously adopted
Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and
collected by the City, as authorized by the Code of Ordinances and other applicable codes,
ordinances, resolutions, and laws; and
WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set
forth therein and delete others as authorized by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Master Fee Schedule section entitled "Rolling Oaks Memorial
Center Fees" be amended, in part to read as follows:
1) Fees for products and services (such as: spaces, niches, mausoleums, memorials, urns,
openings and closing, foundation fees, inscription fees, installation fees) will be
determined based on actual cost, market, demand and/or any variable factor that will
impact the cost to provide the products or services. The fees for these products and
services would be determined by the Director of Parks and Recreation.
*Residents receive a 20% discount. The Resident discount applies to current residents
of the City of Coppell, former residents who resided in the City of Coppell for ten (10)
years or more, employees and former employees of the City with ten (10) years or more
of service to the City. If required, proof of residency is the responsibility of the
Purchaser.
SECTION 2. That the Master Fee Schedule section entitled "Garbage Collection Fees"
be amended, in part to read as follows:
Garbage Collection Fees (Effective January 1, 202 1)
Solid Waste and Recycling (Includes Yard Trimmings and At Your Door HHW Fees)
1. Residential Garbage Customer $17.70 per month
Senior Citizen Residential Garbage Customer $15.91 per month
Public Education Fee $ 0.10 per month
1
2. Monthly Fees for Dumpster Services:
Pickups per Week
Dumpster
Type and Size
1
2
3
4
5
6
7
2 CYD
$71.43
$118.93
$157.80
$196.95
$240.78
$285.19
$331.40
3 CYD
$109.76
$182.73
$242.47
$302.64
$370.00
$438.22
$509.24
4 CYD
$134.73
$262.47
$359.86
$455.61
$552.51
$663.07
$780.60
6 CYD
$163.82
$280.20
$403.74
$514.26
$619.70
$731.60
$847.62
8 CYD
$207.55
$353.93
$498.90
$621.63
$761.97
$902.62
$1,048.98
10 CYD
$263.52
$450.33
$635.33
$791.98
$971.07
$1,150.59
$1,337.38
2 CYDC
$362.65
$483.10
$601.06
$721.44
$842.01
$959.95
$1,080.43
3 CYDC
$407.47
$542.82
$675.34
$810.71
$946.08
$1,078.60
$1,213.97
4 CYDC
$455.42
$583.70
$745.84
$908.00
$1,070.13
$1,229.47
$1,298.81
6 CYDC
$480.78
$685.25
$889.67
$1,092.72
$1,298.55
$1,402.66
$1,708.84
8 CYDC
$548.45
$796.60
$1,043.36
$1,290.98
$1,465.57
$1,786.39
$2,033.15
3. Fees for Roll -off Services:
Type and Size
Container Rental
(Per Month)
Initial Delivery
(One Time
Collection Fee
(Per Pull)
10 CY
$179.10
$77.62
$324.37
20 CY
$179.10
$77.62
$330.98
30 CY
$179.10
$77.62
$379.11
40 CY
$179.10
$77.62
$481.14
25 CYC
$477.62
$101.50
$469.26
30 CYC
$477.62
$101.50
$479.25
35 CYC
$477.62
$101.50
$502.03
40 CYC
$477.62
$101.50
$561.05
4. Monthly Fees for Commercial Hand Collect
1 to 5 Solid Waste Bags per Scheduled Collection Day $21.51 per month
6 to 10 Solid Waste Bags per Scheduled Collection Day $26.69 per month
5. Fees for Extra Pick Ups for Dumpster Services
Dumpster Type and Size
Fee (per Pickup)
2 CY Dumpster
$34.33
3 CY Dumpster
$41.19
4 CY Dumpster
$54.93
6 CY Dumpster
$61.79
8 CY Dumpster
$68.66
10 CY Dumpster
$75.52
2 CY Dumpster Compactor
$137.32
3 CY Dumpster Compactor
$151.05
4 CY Dumpster Compactor
$171.65
6 CY Dumpster Compactor
$192.24
8 CY Dumpster Compactor
$205.97
2 CY Dumpster Compactor Customer Own
$141.43
3 CY Dumpster Compactor Customer Own
$156.68
4CY Dumpster Compactor Customer Own
$176.79
6 CY Dumpster Compactor Customer Own
$198.01
8 CY Dumpster Compactor Customer Own
$212.16
6. Fees for Eligible Disaster Debris Services
Grapple Truck
Rear loader
7. Other Fees for Commercial and Roll -off Services
Locks
Casters
Permit
Opening and Closing of Enclosures
Liner
Container Exchange Rate
$157.43 per hour per truck
$157.43 per hour per truck
$ 13.73 per lock/per month
$ 10.99 per set/per month
$ 20.00 per permit
No Charge
$ 68.66 per Liner
$ 66.66 per container
8. Fees for Additional Bulky Waste Services (in excess of Base Services)
White Good
$34.33
Mattress/Box Springs
$34.33
Furniture
$34.33
Other
$34.33 Per 2 CY
3
SECTION 3. That all provisions of the resolutions of the City of Coppell, Texas, in
conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain
in full force and effect.
SECTION 4. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
Resolution as a whole, or any part or provision thereof other than the part so decided to be
unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole.
SECTION 5. That this Resolution shall become effective immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 8th day of
December 2020.
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
KAREN SELBO HUNT, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
4
City of Coppell, Texas
C',P FE L
File ID: 2020-5417
Version: 1
File Name: Amend Investment Policy
Master
File Number: 2020-5417
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: Finance
File Created: 11/29/2020
Final Action:
Title: Consider approval of an amendment to the City of Coppell Investment Policy.
Notes:
Sponsors:
Enactment Date:
Attachments: Amend Investment Policy_Dec 8 2020—Council
Enactment Number:
Memo.pdf, 2020 Investment Policy to Council to
Amend Dec 8 2020.pdf
Contact:
Hearing Date:
Drafter:
Effective Date:
Related Files:
History of Legislative File
ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5417
Title
Consider approval of an amendment to the City of Coppell Investment Policy.
Summary
See attached memorandum.
Fiscal Impact:
Consider approval of an amendment to the City of Coppell Investment Policy.
Staff Recommendation:
There is no fiscal impact to expenditures regarding this item.
Strategic Pillar Icon:
Siusta�iinaltfle Covoiriniivein
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5417)
City of Coppell, Texas Page 2 Printed on 12/4/2020
MEMORANDUM
To: Mayor and City Council
From: Kim Tiehen, Assistant Director of Finance
Via: Jennifer Miller, Director of Finance
Date: December 8, 2020
Reference: Consider approval of an amendment to the City of Coppell Investment Policy.
2040: Foundation: Sustainable City Government
Introduction:
In response to the new security and depository agreements, please consider the attached amended City of
Coppell Investment Policy. Under the new depository agreement, excess funds will be swept into Invesco's
Treasury Portfolio a "government money market fund" as defined in Rule 2a-7 under the 1940 Act. In addition,
the "Collateral Defined" section of the investment policy is amended to increase the maturity allowed for
securities pledged as collateral for deposits not swept into the Invesco Treasury Portfolio. The requested
amendments to the City's Investment Policy continues to meet the safety, liquidity, yield, and public trust goals
outlined in the investment policy.
Analysis:
The authorized investments included in the City's investment policy did not include money market mutual
funds. Money market mutual funds are allowed by the Public Funds Investment Act (PFIA). Language that
complies with the PFIA has been added to page 8 of the City's investment policy. Addition of this language
will allow the City to utilize the Invesco sweep provided by Frost Bank.
In addition, the "Collateral Defined" section, located on page 11, has been amended to allow specific securities
with a remaining maturity of thirty years rather than five years. Current market conditions result in Frost
pledging securities with a longer remaining maturity. The Finance Department reviewed the daily collateral
requirement for the past 12 months. The largest balance was $495,000. Therefore, if a situation arose that
required the City to request the pledged securities, waiting until the securities matured would not impact the
City's ability to meet its current obligations as the $495,000 represents approximately .23% of the City's total
cash and investments.
Legal Review:
The City Attorney reviewed this item as part of the agenda review.
Fiscal Impact:
There is no fiscal impact to expenditures regarding this item.
Recommendation:
The Finance Department recommends approval of the amended City of Coppell Investment Policy.
1
INTRODUCTION
The purpose of this document is to set forth specific investment policy and strategy guidelines
for the City of Coppell in order to achieve the goals of safety, liquidity, yield, and public trustfor
all investment activity. The City Council of the City of Coppell shall review its investment
strategies and policy not less than annually. This policy serves to satisfy the statutory
requirement of Chapter 2256, Texas Government Code as amended, to define, adopt and review
a formal investment strategy and policy.
INVESTMENT STRATEGY
The City of Coppell maintains portfolios utilizing four specific investment strategy considerations
designed to address the unique characteristics of the fund groups represented in the portfolios:
A. Investment strategies for operating funds and commingled pools containing operating
funds have as their primary objective to assure that anticipated cash flows are matched with
adequate investment liquidity. The secondary objective is to create a portfolio structure
which will experience minimal volatility during economic cycles. This may be
accomplished by purchasing high quality, short -to -medium-term securities which will
complement each other in a laddered or barbell maturity structure. The dollar weighted
average maturity of 365 days or less will be calculated using the stated final maturity date
of each security.
B. Investment strategies for debt service funds shall have as the primary objective the
assurance of investment liquidity adequate to cover the debt service obligation on the
required payment date. Securities purchased shall not have a stated final maturity date that
exceeds the debt service payment date, or funds shall be maintained in an investment pool
to be available for debt service payments.
C. Investment strategies for debt service reserve funds shall have as the primary objective the
ability to generate a dependable revenue stream to the appropriate debt service fund from
securities with a low degree of volatility. Securities should be of high quality and, except
as may be required by the bond ordinance specific to an individual issue, of short to
intermediate-term maturities. Volatility shall be further controlled through maturity and
quality range, without paying premium, if at all possible. Such securities will tend to hold
their value during economic cycles.
D. Investment strategies for special projects or special purpose fund portfolios will have as
their primary objective to assure that anticipated cash flows are matched with adequate
investment liquidity. These portfolios should include at least 10% in highly liquid securities
to allow for flexibility and unanticipated project outlays. The stated final maturity dates of
securities held should not exceed the estimated project completion date.
INVESTMENT POLICY
I. SCOPE
This investment policy applies to all financial assets of the City of Coppell. This policy includes
all funds listed and accounted for in the City's Comprehensive Annual Financial Report (CAFR)
and include:
* General Fund
* Special Revenue Funds
* Debt Service Funds
* Capital Projects Funds
* Proprietary Funds
* Trust and Agency Funds
* Component Units
H. OBJECTIVES
The City of Coppell shall manage and invest its cash with four objectives, listed in order of priority:
Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remainsthe
primary objective. All investments shall be designed and managed in a manner responsive to the
public trust and consistent with State and Local law.
The City shall maintain a comprehensive cash management program that includes collection of
accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of
available cash. Cash management is defined as the process of managing monies in order to insure
maximum cash availability and maximum yield on short-term investment of pooled idle cash.
Safety
The primary objective of the City's investment activity is the preservation of capital in the overall
portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses,
whether they are from securities default or erosion of market value.
Liquidity
The City's investment portfolio shall be structured such that the City is able to meet all obligations
in a timely manner. This shall be achieved by matching investment maturities with forecasted cash
flow requirements and by investing in securities with active secondary markets.
Yield
The City's cash management portfolio shall be designed with the objective of regularly exceeding
the average rate of return on three-month U.S. Treasury Bills. The investment program shall seek
to augment returns above this threshold consistent with risk limitations identified herein and
prudent investment policies.
Pnhlir Tmet
All participants in the City's investment process shall seek to act responsibly as custodians of the
public trust. Investment officials shall avoid any transaction that might impair public confidence
in the City's ability to govern effectively.
III. RESPONSIBILITY AND CONTROL
Investment Committee
An Investment Committee, consisting of the City Manager, Deputy City Manager, the Director of
Finance, and Assistant Director of Finance, shall meet at least quarterly to determine operational
strategies and to monitor results. The Investment Committee shall include in its deliberation such
topics as: performance reports, economic outlook, portfolio diversification, maturity structure,
potential risk to the City's funds, authorized brokers and dealers, annually adopt the qualified
bidders list, and the target rate of return on the investment portfolio.
Delegation of Authority and Training
Authority to manage the City's investment program is derived from a resolution of the City Council.
The Director of Finance, the Assistant Finance Director and the Chief Accountant are designated
as the investment officers of the City and are responsible for investment decisions and activities.
The Director of Finance shall establish written procedures for the operation of the investment
program, consistent with this investment policy. The investment officers shall attenda training
session not less than once in a two-year period that begins on the first day of the City's fiscal year
and consists of the two consecutive fiscal years after that date, and receive not less than 8 hours of
training approved by the governing body relating to the officer's responsibility under the Act. The
investment officers must also receive 10 hours of training within 12 months after taking office or
assuming duties. This training must include education in investment controls, security risks,
strategy risks, market risks, diversification of investment portfolio and compliance with the Texas
Public Funds Investment Act.
Sources of authorized independent training are those sponsored by:
• Government Finance Officers Association (G.F.O.A.)
• Government Finance Officers Association of Texas (G.F.O.A.T.)
3
• Government Treasurers Organization of Texas (G.T.O.T.)
• University of North Texas - Center for Public Management
• Texas Tech - Center for Professional Development
• TEXPO — Alliance of Texas Treasury Associations
• Texas Municipal League
• Any online training (affiliated with Texas Municipal League)
Internal Controls
The Director of Finance is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the
benefits likely to be derived; and (2) the valuation costs and benefits require estimates and
judgements by management.
Accordingly, the Director of Finance shall establish a process in conjunction with the annual
financial audit to assure compliance with policies and procedures. The internal controls shall
address the following points:
A. Control of collusion.
B. Separation of transaction authority from accounting and record keeping.
C. Custodial safekeeping.
D. Avoidance of physical delivery securities.
E. Clear delegation of authority to subordinate staff members.
F. Written confirmation for telephone (voice) transactions for investments and wire transfers.
G. Development of a wire transfer agreement with the depository bank or third party
custodian.
Pmrlenre
The standard of prudence to be applied by the investment officer shall be the "prudent investor"
rule, which states: "Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived." In determining whether an investment officer
has exercised prudence with respect to an investment decision, the determination shall be made
taking into consideration:
A. The investment of all funds, or funds under the City's control, over which the officer had
responsibility rather than a consideration as to the prudence of a single investment.
B. Whether the investment decision was consistent with the written investment policy of the
City.
4
The investment officer, acting in accordance with written procedures and exercising due diligence,
shall not be held personally responsible for a specific security's credit risk or market price changes,
providing that these deviations are reported immediately and that appropriate action is taken to
control adverse developments.
Ethics and Conflicts of Interest
City staff involved in the investment process shall refrain from personal business activity that could
conflict with the proper execution of the investment program, or which could impair the ability to
make impartial investment decisions. City staff shall disclose to the City Manager any material
financial interests in financial institutions that conduct business with the City and they shall further
disclose positions that could be related to the performance of the City's portfolio. City staff shall
subordinate their personal financial transactions to those of the City, particularly with regard to
timing of purchases and sales.
An investment officer of the City who has a personal business relationship with an organization
seeking to sell an investment to the City shall file a statement disclosing that personal business
interest. An investment officer who is related within the second degree by affinity or consanguinity
to an individual seeking to sell an investment to the City shall file a statement disclosing that
relationship. A statement required under this subsection must be filed with the Texas Ethics
Commission and the governing body of the entity.
IV. REPORTING
Quarterly Reporting
The Director of Finance shall submit a signed quarterly investment report that is in compliance
with this policy and the Texas Public Funds Investment Act and summarizes current market
conditions, economic developments and anticipated investment conditions. The report shall
summarize investment strategies employed in the most recent quarter, and describe the portfolio
in terms of investment securities, maturities, risk characteristics, and shall explain the total
investment return for the quarter.
Annual Report
Within 90 days of the end of the fiscal year, the Director of Finance shall present an annual report
on the investment program and investment activity. This report may be presented along with the
Comprehensive Annual Financial Report to the City Manager and City Council.
Meth ods,
The quarterly investment report shall include a succinct management summary that provides a
clear picture of the status of the current investment portfolio and transactions made over the last
quarter. This management summary will be prepared in a manner that will allow the City to
ascertain whether investment activities during the reporting period have conformed to the
investment policy. The reports shall be formally reviewed at least annually by an independent
auditor, if investments are other than those offered by the City's depository. The portfolio shall be
marked to market monthly. The market value of the securities is to be provided by the City's
depository or by a third -party valuation service.
The report will be provided to the City Manager and City Council. The report will include the
following:
A. A listing of individual securities (investment position) held at the end of the reporting
period.
B. Unrealized gains or losses resulting from appreciation or depreciation by listing the
beginning and ending book and market value of securities for the period.
C. Additions and changes to the market value during the period.
D. Average weighted yield to maturity of portfolio on entity investments as compared to
applicable benchmark.
E. Listing of investment by maturity date.
F. The percentage of the total portfolio each type of investment represents.
G. Statement of compliance of the City's investment portfolio with State Law and the
investment strategy and policy approved by the City Council. H. Prepared and signed by
the investment officers.
L Fully accrued interest for the period.
J. States account or fund for each investment.
V. INVESTMENT PORTFOLIO
The City shall pursue an active versus a passive portfolio management philosophy. That is,
securities may be sold before they mature if market conditions present an opportunity for the City
to benefit from the trade. The investment officer will routinely monitor the contents of the portfolio,
the available markets, and the relative value of competing instruments, and will adjust the portfolio
accordingly.
Investments
Assets of the City of Coppell may be invested in the following instruments; provided, however,
that at no time shall assets of the City be invested in any instrument or security not authorized for
investment under the Act, as the Act may from time to time be amended.
Authorized
A. Obligations, including letters of credit, of the United States of America, its agencies and
instrumentalities (including Government Sponsored Enterprises).
B. Direct obligations of the State of Texas or its agencies and instrumentalities.
C. Other obligations, the principal of and interest on which are unconditionally guaranteed by
the State of Texas or United States of America.
6
D. Obligations of the State, agencies thereof, Counties, Cities, and other political subdivisions
of any state having been rated as investment quality by a nationally recognized investment
rating firm and having received a rating of not less than "A" or its equivalent.
E. Interest-bearing banking deposits that are guaranteed or insured by the Federal Deposit
Insurance Corporation or the National Credit Union Share Insurance Fund or its successor
F. Interest-bearing banking deposits other than those described by (E) above if:
(1) the funds invested in the banking deposits are invested through:
(i) a broker with a main office or branch office in Texas that has been
approved by the investment committee or
(u) a depository institution with a main office or branch office in Texas that
the investment committee approves;
(2) the broker or depository institution selected as described by (1) above arranges
for the deposit of the funds in the banking deposits in one or more federally insured
depository institutions, regardless of where located, for the City of Coppell's
account;
(3) the full amount of the principal and accrued interest of the banking deposits is
insured by the United States or an instrumentality of the United States; and
(4) the City of Coppell appoints as it's custodian of the banking deposits issuedfor
the City's account:
(i) the depository institution selected as described by (1) above;
(u) A custodian must be approved by the City and be:
(a) a state or national bank that:
- is designated by the comptroller as a state depository;
- has its main office or a branch office in this state; and
- has a capital stock and permanent surplus of $5 million or
more
(b) the Texas Treasury Safekeeping Trust Company;
(c) a Federal Reserve Bank or a branch of a Federal Reserve Bank;
(d) a federal home loan bank; or
(e) a financial institution authorized to exercise fiduciary powers that
is designated by the comptroller as a custodian; or
(in) a clearing broker dealer registered with the Securities and Exchange
Commission and operating under Securities and Exchange Commission
Rule 156-3.
G. Certificates of Deposit of state and national banks with a branch in Texas, guaranteed or
insured by the Federal Deposit Insurance Corporation, collateralized or secured by
obligations described in A through D above or in accordance with Chapter 2257 or in any
other manner provided by law, which are intended to include all direct agency or
instrumentality issued mortgage backed securities rated AAA by at least one nationally
recognized rating agency and that have a market value of not less than the principal amount
of the certificates.
H. Fully collateralized direct repurchase agreements with a defined termination date secured
by obligations of the United States or its agencies and instrumentalities. These shall be
pledged to the City of Coppell, held in the City's name, and deposited at the time the
investment is made with the City or with a third party selected and approved by the City.
7
Repurchase agreements must be purchased through a primary government securities dealer,
as defined by the Federal Reserve, or a bank domiciled in Texas. A Master Repurchase
Agreement must be signed by the bank\dealer prior to investment in a repurchase
agreement. All repurchase agreement transactions will be on a delivery versus payment
basis. Securities received for repurchase agreements must have a market value greater than
or equal to 105 percent at the time funds are disbursed.
L Local government investment pools in accordance with the conditions prescribed in Section
2256.016 and that have been authorized by the governing body by rule, ordinance or
resolution. The investment pool must maintain a rating no lower than AAA or AAA -M by
at least one nationally recognized rating service. Investment in such pools shall be limited
to 75% of the City's entire portfolio, with no more than 25% of the entire portfolio invested
in any one authorized pool.
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Ratings shall be monitored using nationally recognized financial information sources, including
actions published on rating agency websites. Any investment currently held that does not meet the
guidelines of this policy, but was authorized at the time of purchase, shall be exempted from the
requirements of this policy and investment officers shall not be required to liquidate the investment.
At maturity or liquidation, such monies shall be reinvested only as provided by this policy.
IL Not Authorized
The City's authorized investments options are more restrictive than those allowed by State
law. State law specifically prohibits investment in the following investment securities.
A. Obligations whose payment represents the coupon payments on the
outstanding principal balance of the underlying mortgage backed security
collateral and pays no principal.
B. Obligations whose payment represents the principal stream of cash flow from the
underlying mortgage-backed security collateral and bears no interest.
C. Collateralized mortgage obligations that have a stated final maturity date of greater than 10
years.
D. Collateralized mortgage obligations the interest rate of which is determined by an index
that adjusts opposite to the changes in a market index.
8
Holding Period
The City of Coppell intends to match the holding periods of investment funds with liquidity needs
of the City. In no case will the average maturity of investments of the City's operating funds exceed
one year. The maximum final stated maturity of any investment shall not exceed five years.
Investments in all funds shall be managed in such a way that the market price losses resulting from
interest rate volatility would be offset by coupon income and current income received from the
volume of the portfolio during a twelve-month period.
Risk and Diversification
The City of Coppell recognizes that investment risks can result from issuer defaults, market price
changes or various technical complications leading to temporary illiquidity. Risk is controlled
through portfolio diversification which shall be achieved by the following general guidelines;
A. Risk of issuer default is controlled by limiting investments to those
instruments allowed by the Act, which are described herein.
B. Risk of market price changes shall be controlled by avoiding overconcentration of assets
in a specific maturity sector, limitation of average maturity of operating funds
investments to one year, and avoidance of overconcentration of assets in specific
instruments other than U.S. Treasury Securities and insured or Collateralized Certificates
of Deposits.
C. Risk of illiquidity due to technical complications shall be controlled by the selectionof
securities dealers as described herein.
D. All prudent measures will be taken to liquidate an investment that is
downgraded to less than our minimum stated required rating.
VI. SELECTION OF BANKS AND DEALERS
Depository
At least every five (5) years a Depository shall be selected through the City's banking services
procurement process, which shall include a formal request for proposal (RFP). In selecting a
depository, the credit worthiness of institutions shall be considered, and the Director of Finance
shall conduct a comprehensive review of prospective depository bank's credit characteristics and
financial history.
Certificates of Deposit
Banks seeking to establish eligibility for the City's competitive certificate of deposit purchase
program shall submit for review annual financial statements, evidence of federal insurance and
other information as required by the Director of Finance.
9
Qualified Representatives
Investment officials shall not knowingly conduct business with any firm with whom public entities
have sustained losses on investments. All qualified representatives shall provide the City with
references from Public entities they are currently serving.
All financial institutions and qualified representatives who desire to become qualified bidders for
investment transactions must supply the following as appropriate:
- audited financial statements
- proof of Financial Industry Regulatory Authority (17MRA) certification
- proof of state registration
- completed broker/dealer questionnaire
- Certification of having read the City's investment policy signed by a
qualified representative of the organization .
- Acknowledgement that the organization has implemented reasonable procedures and
controls in an effort to preclude imprudent investment transactions conducted between
the entity and the organization that are not authorized by the entity's investment policy.
The investment officers are precluded from purchasing an investment from a representative who
has not delivered the written certification
An annual review of the financial condition and registration of qualified bidders will be conducted
by the Director of Finance.
Competitive Bids
Competitive quotes must be taken from at least three (3) qualifying financial institutions or
broker/dealers for any investment transaction involving an individual security. Investment
transactions should include written confirmation of offers on the Investment Bid Tabulation form.
VII. SAFEKEEPING AND CUSTODY
Insurance or Collateral
All deposits and investments of City funds other than direct purchases of U.S. Treasuries or
Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide
a level of security for all funds, the collateralization level will be 105% of market value of principal
and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC.
Evidence of the pledged collateral shall be maintained by the Director of Finance or a third party
financial institution. The City's Depository Agreement shall specify the acceptable investment
securities for collateral, the substitution or release of investment securities, ownership of securities,
and the method of valuation of securities. Repurchase agreements shall be documented by a
10
specific agreement noting the collateral pledge in each agreement. Collateral shall be reviewed
monthly to assure that the market value of the pledged securities is adequate.
Safekeeping Agreement
Collateral pledged to secure deposits and investments, and investment securities purchased by the
City shall be held by a safekeeping institution in accordance with the Safekeeping Agreement. The
Safekeeping Agreement clearly defines the procedural steps for gaining access to the collateral
should the City of Coppell determine that the City's funds are in jeopardy. The safekeeping
institution, or Trustee, shall be the Federal Reserve Bank or an institution not affiliated with the
firm pledging the collateral. The safekeeping agreement shall include the signatures of authorized
representatives of the City of Coppell, the firm pledging the collateral, and the Trustee.
Collateral Defined
The City of Coppell shall accept only the following securities as collateral:
A. FDIC afid V S1 �(insurance coverage
B.
of ifidebted of the United St es that is guar-anteed as to pr-ifieipal and inter -est by the
United Sta+e-s.
C. Obligations, the principal and interest on which, are unconditionally guaranteed or insured
by the State of Texas.
D. A bond of the State of Texas or of a county, city or other political subdivision of the State
of Texas having been rated as investment grade (investment rating no less than "A" or its
equivalent) by a nationally recognized rating agency with a remaining maturity of 41b 1 "11�,r
I ) €rye -(5) years or less.
Subi ect to Audit
All collateral shall be subject to inspection and audit by the Director of Finance or the City's
independent auditors.
Delivery vs. Payment
Treasury Bills, Notes, Bonds and Government Agencies' securities shall be purchased using the
delivery vs. payment method. That is, funds shall not be wired or paid until verification has been
made that the correct security was received by the Trustee. The security shall be held in the name
of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's
ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall
be delivered to the City.
11
VIII. INVESTMENT POLICY ADOPTION
The City of Coppell's investment policy shall be adopted annually by the City Council. The policy
shall be reviewed for effectiveness on an annual basis by the Investment Committee and any
modifications will be recommended for approval to the City Council.
12
GLOSSARY
of
COMMON TREASURY TERMINOLOGY
Agencies: Federal agency securities.
Ask: The price at which securities are offered.
Bid: The price offered for securities.
Broker: A broker brings buyers and sellers together for a commission paid by the initiator of the
transaction or by both sides. In the money market, brokers are active in markets, in which banks
buy and sell money, and in interdealer markets.
Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate.
Large -denomination CD's are typically negotiable.
Collateral: Securities, evidence of deposit or other property that a borrower pledges to secure
repayment of loan. Also refers to securities pledged by a bank to secure deposits of public monies.
Comprehensive Annual Financial Report (CAFR): The official annual report for the City of
Coppell. It includes combined statements and basic financial statements for each individual fund
and account group prepared in conformity with GAAP. It also includes supporting schedules
necessary to demonstrate compliance with finance -related legal and contractual provisions,
extensive introductory material, and a detailed Statistical Section.
Coupon: The annual rate of interest that a bond's issuer promises to pay the bondholder on the
bond's face value
Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling
for his own account.
Debenture: A bond secured only by the general credit of the issuer.
Delivery versus Payment: There are two methods of delivery of securities: delivery versus
payment and delivery versus receipt Delivery versus payment is delivery of securities with an
exchange of money for the securities. Delivery versus receipt is delivery of securities with an
exchange of a signed receipt for the securities.
Discount Securities: Non-interest bearing money market instruments that are issued at adiscount
and redeemed at maturity for full face value, such as U.S. Treasury bills.
Diversification: Dividing investment funds among a variety of securities offering independent
returns.
13
Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various
classes of institutions and individuals, such as Savings and Loans, small business firms, students,
farmers, farm cooperatives, and exporters.
Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits,
currently up to $100,000 per deposit.
Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently set
by the Federal Reserve through open -market operations.
Federal Home Loan Banks (FHLB): The institutions that regulate and lend to savings and loan
associations. The Federal Home Loan Banks play a role analogous to that played by the Federal
Reserve Banks vis-a-vis member commercial banks.
Federal National Mortgage Association (FNMA): FNMA, like GNMA, was chartered under the
Federal National Mortgage Association Act in 193 8. FNMA is a federal corporation working under
the auspices of the Department of Housing and Urban Development, H.U.D. It is the largest single
provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is
called, is a private stockholder -owned corporation. The corporation's purchases include a variety of
adjustable mortgages and second loans in addition to fixed-rate mortgages. FNMA's securities are
also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders
will receive timely payment of principal and interest.
Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve
Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York
Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis.
The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales
of Government Securities in the open -market as a means of influencing the volume of bank credit
and money.
Federal Reserve System: The central bank of the United States created by Congress and
consisting of a seven -member Board of Governors in Washington, D.C., 12 regional banks and
commercial banks that are members of the system.
Government National Mortgage Association (GNMA or Ginnie Mae): Securities guaranteed
by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and
other institutions. Security holder is protected by full faith and credit of the U.S. Government.
Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term pass-throughs is
often used to describe Ginnie Maes.
• Government Sponsored Enterprises: a financial services corporation created by the United
States Congress. Examples include the following: Federal Home Loan Banks (FHLB), Federal
National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation
(Freddie Mac), Federal Farm Credit Banks (FCB), and Federal Agricultural Mortgage
Corporation (Farmer Mac)
14
Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value. In the money market, a security is said to be liquid if the spread
between bid and asked prices is narrow and reasonable size can be done at those quotes.
Market Value: The price at which a security is trading and could presumably be purchased or
sold.
Master Repurchase Agreement: To protect investors, many public investors will request that
repurchase agreements be preceded by a master repurchase agreement between the investor and
the financial institution or dealer. The master agreement should define the nature of the
transaction, identify the relationship between the parties, establish normal practices regarding
ownership and custody of the collateral securities during the term of the investment, provide
remedies in the case of default by either party and clarify issues of ownership. The master
repurchase agreement protects the investor by eliminating the uncertainty of ownership and
hence, allowing investors to liquidate collateral if a bank or dealer defaults during the term of the
agreement.
Maturity: The date upon which the principal or stated value of an investment becomes due and
payable.
Money Market: The market in which short-term debt instruments (bills, commercial paper,
bankers' acceptances) are issued and traded.
Open Market Operations: Purchases and sales of government and certain other securities in the
open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence
the volume of money and credit in the economy. Purchases inject reserves into the bank system
and stimulate growth of money and credit; sales have the opposite effect. Open market operations
are the Federal Reserve's most important and most flexible monetary policy tool.
Portfolio: Collection of securities held by an investor.
Primary Dealer: A group of government securities dealers that submit daily reports of market
activity and positions and monthly financial statements to the Federal Reserve Bank of New York
and are subject to its informal oversight. Primary dealers include Securities and Exchange
Commission (SEC) registered securities broker-dealers banks and a few unregulated firms.
Prudent Person Rule: An investment standard. Investments shall be made with judgment and
care, under circumstances then prevailing, which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income to be derived.
Rate of Return: The yield obtainable on a security based on its purchase price or its current
market price. This may be the amortized yield to maturity on a bond or the current income return.
Repurchase Agreement (RP of REPO): A holder of securities sells these securities to an investor
with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in
effect lends the "seller" money for the period of the agreement, and their terms of the agreement
are structured to compensate him for this.
15
C',P FE L
File ID: 2020-5381
Version: 1
File Name: Depository Contract
City of Coppell, Texas
Master
File Number: 2020-5381
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: Finance
File Created: 11/01/2020
Final Action:
Title: Consider approval of a Resolution designating Frost National Bank as the
City Depository for a period of four (4) years and eleven (11) months; and
authorizing the Mayor Pro Tem to sign.
Notes:
Sponsors:
Attachments: Memo.Depository Agreement 2020.pdf, Resolution
approving agreements with Frost Bank.pdf,
CityCoppell SecurityAgreement (Markup
2-CLEAN).pdf, CityCoppell
DepositoryAgreement(Markup 2-CLEAN).pdf, Frost
Bank's Response to RFP #177 Depository
Services.pdf, CityCoppell BNYM
ThirdPartyCustodianAgreement EXECUTED.pdf,
Comparison of 2015 Contract Fees to 2020 Contract
Fees.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5381
Title
Consider approval of a Resolution designating Frost National Bank as the City Depository for a
period of four (4) years and eleven (11) months; and authorizing the Mayor Pro Tem to sign.
Summary
See attached memorandum.
Fiscal Impact:
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5381)
Comparing the 2015 contract to the 2020 contract for fees charged for services utilized by the
City, it is estimated that overall fees will decrease eighteen percent (18%) as shown in the
comparison of 2015 to 2020 fees included with the agenda item.
Staff Recommendation:
The Finance Department recommends approval of this item.
Strategic Pillar Icon:
oi:u dation
Siustaliiinaltfle Coveirinii eine
City of Coppell, Texas Page 2 Printed on 12/4/2020
MEMORANDUM
To: Mayor and City Council
From: Kim Tiehen, Assistant Director of Finance
Via: Jennifer Miller, Director of Finance
Date: December 8, 2020
Reference: Consider approval of a resolution designating Frost National Bank as the City Depository for a period of
four (4) years and eleven (11) months.
2040: Foundation: Sustainable City Government
Introduction:
The City of Coppell's current bank depository agreement with Frost National Bank expires on December 31, 2020. The
City distributed a Request for Proposal for depository services on July 24, 2020, held a pre-bid meeting on August 4, 2020
which was attended by Capital One, Chase, Frost, and Origin bank representatives, and proposals were due no later than
August 11, 2020. The proposed banking services agreement will be for four (4) years and eleven months period beginning
on January 1, 2021 and effective until November 30, 2025. Based on the Request for Proposal process, Frost National
Bank was the only financial institution to submit a proposal to provide depository and safekeeping services to the City of
Coppell.
Analysis:
Based on our analysis and past experience with Frost National Bank, the proposal submitted continues to be very cost
effective, meets the City's banking and safekeeping services needs and will continue to provide Coppell an exceptional
level of service. Frost National Bank has offered to waive the first three (3) months of monthly service fees with the
approval of the new contract. The proposed depository agreement and associated documents have been reviewed and
negotiated by Finance staff, Justin Havins, Frost Bank Assistant Vice President, and our City Attorney, Bob Hager.
Purpose of the Resolution:
The purpose of this Resolution is to designate Frost National Bank as the City of Coppell's official depository bank for a
period of four years and 11 months beginning on January 1, 2021 and effective until November 30, 2025, and to authorize
the City Manager to execute the agreement and any related documents.
Legal Review:
The proposed Resolution, Depository Agreement and Security Agreement have been reviewed in advance by our City
Attorney, Bob Hager and Frost National Bank's legal department.
Fiscal Impact:
Comparing the 2015 contract to the 2020 contract for fees charged for services utilized by the City, it is estimated that
overall fees will decrease eighteen percent (18%) as shown in the comparison of 2015 to 2020 fees included with the
agenda item.
Recommendation:
The Finance Department recommends approval of this item.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY COPPELL,
TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE BANK
DEPOSITORY AGREEMENT AND SECURITY AGREEMENT BY AND
BETWEEN FROST BANK; AND A THIRD PARTY CUSTODIAN
AGREEMENT AND ATTACHMENTS THERETO, BY AND AMONG
FROST BANK, THE BANK OF NEW YORK MELLON TRUST
COMPANY N.A. WHICH ARE ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBITS A, B AND C, RESPECTIVELY;
AND, AUTHORIZING THE CITY MANAGER TO SIGN SUCH
AGREEMENTS; AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell published a Request for Proposals soliciting bank
services; and,
WHEREAS, Frost Bank, submitted a proposal that is the most qualified and meets the
minimum requirements required by the City of Coppell; and
WHEREAS, the City Council of the City of Coppell after reviewing the same, authorizes
the City Manager to execute Bank Depository Agreement, Security Agreement and Third -Party
Custodian Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
COPPELL, TEXAS, THAT:
SECTION 1. That the City of Coppell hereby approves the terms and conditions of the
Bank Depository Agreement and Security Agreement by and between Frost Bank; and a Third
Party Custodian Agreement and attachments thereto, by and among Frost Bank, The Bank of
New York Mellon Trust Company N.A. which are attached hereto and incorporated herein as
Exhibits A, B and C, respectively; and, authorizing the City Manager to sign such agreements.
SECTION 2. This resolution shall become effective immediately upon approval.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the day of 2020.
CITY OF COPPELL, TEXAS
APPROVED:
Mark Hill, Mayor Pro Tem
TM 118789
ATTEST:
Ashley Owens, City Secretary
APPROVED AS TO FORM:
Robert E. Hager, City Attorney
TM 118789
IN
Frost Banil
SECURITY AGREEMENT
FROST BANK, (the "Bank"), for valuable consideration, the receipt and sufficiency of
which is acknowledged, grants a security interest in and a pledge and assignment of (a) any and all
Eligible Collateral (as defined below) from time to time held by The Federal Reserve Bank, Federal
Home Loan Bank and/or The Bank of New York Mellon Trust Company, N.A. (the "Custodian"),
identified on the Custodian's books as held for the account of the Depositor or j ointly for the account
of the Bank and the Depositor, together with (b) the products and proceeds of the foregoing and
any substitutions or replacements thereof, whenever acquired and wherever located (the
"Collateral") to City of Coppell, Texas (the "Depositor"), in order to secure the payment when
due, of the Deposits (as defined below) pursuant to the depository agreement ("Depository
Agreement") between the Bank and the Depositor, dated of even date with this security agreement
(the "Agreement") :
1. Definitions. Except as otherwise expressly defined in this Agreement, all terms used herein
which are defined in the Uniform Commercial Code as in effect from time to time in Texas (the
"Code") have the same meaning as in the Code. All other terms capitalized but not defined herein
or in the Code have the meanings assigned to them in the Depository Agreement.
"Account" shall mean the separate custodial account established pursuant to an agreement
with Custodian in the name of Bank and for the benefit and subject to the control of Depositor as
secured party in accordance with this Agreement.
"Authorized Person" shall be any officer of Depositor or Bank, as the case may be, duly
authorized to give Written Instructions on behalf of Depositor or Bank, respectively, such
authorized persons for Depositor to be designated in a certificate substantially in the form of Exhibit
B, attached hereto, as such exhibit may be amended from time to time, or as designated in such
other forms as may be prescribed by the Bank.
"Book -Entry System" shall mean the Federal Reserve/Treasury Book Entry System for
receiving and delivering U.S. Government Securities.
"Business Day" shall mean any day on which Custodian and Bank are open for business
and on which the Book Entry System is open for business.
"Collateral Requirement" shall mean an amount of Securities with a Market Value equal
to 105% of Uninsured Deposits; provided, however, to the extent that mortgage-backed securities
(declining principal balance) are used as Eligible Collateral, "Collateral Requirement" shall mean
an amount of Securities with a Market Value equal to 110% of Uninsured Deposits secured with
such mortgage-backed securities.
"Deposits" shall mean all deposits by Depositor in Bank, including all accrued interest on
such deposits, that are available for all uses generally permitted by Bank to Depositor for actually
and finally collected funds under the Bank's account agreement or policies.
FROST PUBLIC FUNDS ENTITY SECURITY AGREEMENT APRIL 2020)
"Eligible Collateral" shall mean any Securities of the types enumerated in the Schedule of
Eligible Collateral (which types are in compliance with the collateral policy adopted and approved
by the governing body of Depositor) attached hereto as Exhibit A, as such exhibit may be amended
from time to time pursuant to a written amendment signed by each of the parties to this Agreement,
and any Proceeds of such Securities.
"Market Value" shall mean: (i) with respect to any Security held in the Account, the market
value of such Security as made available to Bank or Custodian by a generally recognized source
selected by the Bank or the Custodian, plus, if not reflected in the market value, any accrued interest
on such Security, or, if such source does not make available a market value, the market value shall
be as determined by Custodian or the Bank in its sole discretion based on information furnished to
Custodian or Bank by one or more brokers or dealers; and (ii) with respect to any cash held in the
Account, the face amount of such cash.
"Proceeds" shall mean any principal or interest payments or other distributions made in
connection with Eligible Collateral and anything acquired upon the sale, lease, license, exchange,
or other disposition of Eligible Collateral.
"Security" or "Securities" shall include, without limitation, any security or securities held
in the Book -Entry System; common stock and other equity securities; bonds, debentures and other
debt securities; notes, mortgages, or other obligations; and any instruments representing rights to
receive, purchase, or subscribe for the same, or representing any other rights or interests in such
security or securities.
"Trust Receipt" shall mean evidence of receipt, identification, and recording, including a
written or electronically transmitted advice or confirmation of transaction or statement of account.
Each advice or confirmation of transaction shall identify the specific securities which are the
subject of the transaction. If available, statements of account may be provided by the Bank or the
Custodian at least once each month and when reasonably requested by the Depositor, and must
identify all Eligible Collateral in the Account and its Market Value.
"Uninsured Deposits" shall mean that portion of the daily ledger balance (amount of funds
plus the amount of any accrued interest on the funds) of Depositor's Deposits with Bank which
exceeds the standard maximum deposit insurance amount ("SMDIA") of the Federal Deposit
Insurance Corporation ("FDIC").
"Written Instructions" shall mean written communications actually received by Bank or
Custodian from an Authorized Person or from a person reasonably believed by Bank or Custodian
to be an Authorized Person by a computer, telex, telecopier, or any other system whereby the
receiver of such communications is able to verify by codes or otherwise with a reasonable degree
of certainty the identity of the sender of such communication.
2. Security Requirement.
(a) The Bank, to secure the timely payment of Uninsured Deposits made by Depositor,
has deposited with Custodian certain Securities as more fully described in the
initial confirmation or Trust Receipt of such deposit delivered by Custodian to
Bank and Depositor respectively pursuant to Chapter 2257 of the Texas
Government Code ("Texas Public Funds Collateral Act"). Pursuant to the Code,
the Custodian shall act as a bailee or agent of the Depositor and, to the extent not
inconsistent with such duties, shall hold Securities as a securities intermediary (as
such term is defined in Chapter 8 of the Code) in accordance with the provisions
FROST PUBLIC FUNDS ENTITY SECURITY AGREEMENT APRIL 2020)
of this Agreement, the Depository Agreement, and of any agreement entered into
with the Custodian further governing the provision of Security by the Bank for
Uninsured Deposits.
(b) (i) To secure the timely payment of Uninsured Deposits made by Depositor with
Bank, Bank agrees to deliver or cause to be delivered to Custodian for transfer to
the Account, Eligible Collateral having a Market Value equal or greater than the
Collateral Requirement.
(ii) If the Market Value of such Eligible Collateral on any Business Day is less
than the Collateral Requirement for such day, the Bank shall be required to deliver
additional Eligible Collateral having a Market Value equal to or greater than such
deficiency as soon as possible but no later than the close of business of Custodian
on the Business Day on which Bank determined such deficiency. If on any
Business Day, the aggregate Market Value of the Eligible Collateral provided
pursuant to this Agreement exceeds the Collateral Requirement for such day,
Custodian shall, at the direction of Bank and with the approval of the Authorized
Person acting on behalf of the Depositor, transfer from the Account to or for the
benefit of Bank, Eligible Collateral having a Market Value no greater than such
excess amount.
(iii) When additional Eligible Collateral is required to cover incremental Deposits,
the Bank must receive the request for collateral one (1) Business Day prior to the
Business Day the incremental Deposits are received, and the Bank shall be required
to deliver additional Eligible Collateral having a Market Value equal to or greater
than the deficiency on the Business Day the incremental Deposits are received.
(c) For any changes made to the Eligible Collateral held in the Account due to releases,
substitutions, or additions of Eligible Collateral, the Custodian shall update its
records of the Account accordingly as soon as possible and promptly issue a Trust
Receipt to the Depositor and the Bank.
(d) The Bank shall be entitled to income on Securities held by the Custodian in the
Account, and the Custodian may dispose of such income as directed by Bank
without approval of the Depositor, to the extent such income is not needed to meet
the Collateral Requirement.
3. Custody of Securities. The parties agree that all Securities held in the Account shall be
treated as financial assets. For purposes of the Code, the security interest granted by Bank in the
Eligible Collateral and Proceeds for the benefit of the Depositor is created, attaches, and is perfected
for all purposes under Texas law from the time Custodian identifies the pledge of any Eligible
Collateral or Proceeds to the Depositor and issues a Trust Receipt to the Depositor for such Eligible
Collateral or Proceeds. The security interest of the Depositor in Securities and all Proceeds shall
terminate upon the transfer of such Securities or Proceeds from the Account.
4. Delivery of Securities. Bank and Depositor agree that Securities and Proceeds delivered
to or received by Custodian for deposit in the Account may be in the form of credits to the accounts
of Custodian in the Book Entry System. Bank and Depositor authorize Custodian on a continuous
and ongoing basis to deposit in the Book Entry System all Securities and Proceeds that may be
deposited therein and to utilize the Book Entry System in connection with its performance under
this Agreement. Securities and Proceeds credited to the Account and deposited in the Book Entry
System will be represented in accounts that include only assets held by Custodian or its agent(s)
FROST PUBLIC FUNDS ENTITY SECURITY AGREEMENT APRIL 2020)
for third parties, including but not limited to accounts in which assets are held in a fiduciary, agency,
or representative capacity.
The Bank acknowledges that to the extent permitted by law, the records of the Bank and/or
the Custodian with respect to the pledge of Eligible Collateral as described in this Agreement: (a)
may be inspected by the Depositor or by the Texas Comptroller of Public Accounts (the
"Comptroller"), at any time during regular business hours of the Bank or the Custodian; (b) such
records may be subject to audit or inspection at any time pursuant to Sections 2257.025 and
2257.061 of the Texas Government Code, as amended; and (c) reports must be filed by the
Custodian with the Comptroller when requested by the Comptroller.
5. Collection of Securities. If Depositor certifies in writing to Custodian that (a) Bank is in
default under any underlying pledge or security agreement between Depositor and Bank, including
the Depository Agreement and (b) Depositor has satisfied any notice or other requirement to which
Depositor is subject pursuant to the Depository Agreement, then Depositor may give Custodian
and any appointed receiver Written Instructions to transfer the value of specific amounts and issues
of Securities held in the Account and, if applicable, specific amounts of the Proceeds held in the
Account which have not previously been released to Bank, up to the amount that Depositor has in
its depository account with Bank as of the date the Bank default occurs, to designated accounts of
Depositor and to cease releasing to an account of Bank any Proceeds reflecting the interest and
principal on Securities in the Account as provided in Section 2(d).
6. Representation and Warranties.
(a) Representations of Bank. Bank represents and warrants, which representations and
warranties shall be deemed to be continuing, that:
(i) the Board of Directors of the Bank has authorized the Bank to enter into
this Agreement, and such authorization is reflected in the approving resolution of
the Bank's Board of Directors and in the minutes of the meeting of the Board of
Directors at which this Agreement was approved, and this Agreement has been
legally and validly entered into and is enforceable against Bank in accordance with
its terms;
(ii) this Agreement and the pledge of Eligible Collateral under this Agreement
do not violate or contravene the terms of the Bank's charter documents, by-laws,
or any agreement or instrument binding on the Bank or its property, or any statute
or regulation applicable to the Bank;
(iii) the Bank has entered into this Agreement and the Depository Agreement
(A) in the ordinary course of business, (B) in good faith and on an arm's-length
basis with the Depositor, (C) not in contemplation of bankruptcy or insolvency,
and (D) without intent to hinder, delay, or defraud the Bank's creditors;
(iv) a copy of each of (A) this Agreement, (B) the Depository Agreement, and
(C) the resolution of the Board of Directors of the Bank approving this Agreement
and the minutes of the meeting of the Board of Directors at which this Agreement
was approved, have been placed (and will be continuously maintained) in the
official records of the Bank;
FROST PUBLIC FUNDS ENTITY SECURITY AGREEMENT APRIL 2020)
(v) the Bank is sole legal and actual owner of the Securities or of beneficial
interests in Securities deposited in the Account, free of all security interests or
other encumbrances, except the security interest created by this Agreement;
(vi) this Agreement was executed by an officer of Bank who was authorized
by the Bank's Board of Directors to do so;
(vii) the Bank is a bank or trust company duly authorized to do business in the
State of Texas; and
(viii) all acts, conditions, and things required to exist, happen, or to be
performed on its part precedent to and in the execution and delivery of this
Agreement by it exist or have happened or have been performed.
(ix) the Bank shall be in compliance with Chapter 2257 of the Texas Government
Code.
(b) Representations of Depositor. Depositor represents and warrants, which
representations and warranties shall be deemed to be continuing, that:
(i) this Agreement has been legally and validly entered into, has been
approved by the Depositor's governing body, and does not and will not violate any
statute or regulation applicable to it and is enforceable against Depositor in
accordance with its terms;
(ii) the appointment of Custodian has been duly authorized by Depositor and
this Agreement was executed by an officer of Depositor duly authorized to do so;
(iii) (A) all Securities identified on the Schedule of Eligible Collateral, attached
hereto as Exhibit A, may be used to secure Depositor's Uninsured Deposits under
applicable statutes and regulations, (B) the Collateral Requirement meets the
requirements of such applicable statutes and regulations, (C) the governing board
of Depositor has approved a collateral policy which authorizes all such Securities
to be used as Eligible Collateral, and (D) such collateral policy complies with all
applicable statutes and regulations;
(iv) it will not sell, transfer, assign, convey, pledge, or otherwise dispose in
whole or in part its interests in or the rights with respect to any Securities deposited
in the Account, or the Proceeds of such Securities, except as permitted in Section
5 of this Agreement;
(v) all acts, conditions, and things required to exist, happen, or to be
performed on its part precedent to and in the execution and delivery of this
Agreement exist or have happened or have been performed;
(vi) Depositor will comply with the terms of any other agreements it may have
with the Bank in connection with this Agreement; and
(vii) In the event Depositor requests any financial services from the Bank other
than depository services, the Depositor shall provide the Bank with a copy of the
Depositor's current investment policy.
FROST PUBLIC FUNDS ENTITY SECURITY AGREEMENT (APRIL 2020)
7. Continuing Agreement. This Agreement shall continue and remain in full force and effect
and shall be binding upon the Bank and its successors and assigns until such time as (a) all Deposits
have been paid in full to the Depositor or otherwise paid as instructed by the Depositor, and (b) the
Depository Agreement is no longer in effect.
8. Rights and Remedies of the Depositor. The Depositor's rights and remedies with respect
to the Collateral shall be those of a secured party under the Code, Chapter 2257 Texas Government
Code and under any other applicable law, as the same may from time to time be in effect, in addition
to those rights granted in this Agreement, in the Depository Agreement, and in any other agreement
in effect between the Bank and the Depositor. The Depositor agrees to provide the Bank and the
Custodian with reasonable notice of the sale, disposition, or other intended action subject to the
provisions of this Agreement in connection with the Collateral, whether required by the Code or
otherwise.
9. Application of Proceeds by the Depositor. In the event the Depositor requests that the
Custodian and receiver sell or otherwise dispose of the Collateral in the course of exercising the
remedies provided for in Section 5 above and in the Depository Agreement, any amounts held,
realized, or received by the Depositor pursuant to the provisions of this Agreement, including the
proceeds of the sale, in whole or in part, of any of the Collateral, shall be applied by the Depositor
first toward the payment of any costs and expenses incurred by the Depositor (a) in enforcing this
Agreement, (b) in realizing on selling, disposing or protecting any Collateral and (c) in enforcing
or collecting any Deposits, including attorneys' fees, and then toward payment of the Deposits in
such order or manner as the Depositor may elect. Any Collateral remaining after such application
and after payment to the Depositor of all the Deposits in full shall be paid or delivered to the Bank,
its successors or assigns, or as a court of competent jurisdiction may direct.
10. Notices. Any communication, notice, or demand to be given under this Agreement shall
be duly given when delivered in writing or sent by telex or facsimile to a parry at its address
indicated below.
If to the Depositor, at: Jennifer Miller, Director of Finance
City of Coppell
PO Box 9478
Coppell, TX 75019
jmiller(a coppelltx.gov
If to the Bank, at: Eileen Slater; Senior Vice President
Frost Bank
111 W. Houston Street
San Antonio, Texas 78205
eileen.slater(afrostbank.com
11. Miscellaneous.
(a) Updating Certificate of Authorized Persons. Depositor agrees to furnish to Bank
a new and updated "Certificate of Authorized Persons" substantially in the form of
Exhibit B, attached hereto, or in similar form as Bank may require, within a
reasonable amount of time after there are additions or deletions to list of
Authorized Persons authorized to act on behalf of the Depositor.
FROST PUBLIC FUNDS ENTITY SECURITY AGREEMENT APRIL 2020)
(b) Invalidity; Severability. If any clause or provision of this Agreement is for any
reason held to be invalid, illegal or unenforceable, such holding shall not affect the
validity, legality or enforceability of the remaining clauses or provisions of this
Agreement.
(c) Amendment. This Agreement may not be amended or modified in any manner
except by written agreement executed by all of the parties.
(d) Assignment and Binding Effect. The Depositor may not assign all or any part of
its rights or obligations under the Agreement without the Bank's prior express
written consent, which may be withheld in the Bank's sole discretion. The Bank
may assign or delegate all or any part of its rights or obligations under the
Agreement, including, without limitation, the performance of the services
described herein. The Agreement will be binding on and inure to the benefit of the
successors and permitted assigns of either party.
(e) Governing Law; Venue. This Agreement shall be construed in accordance with the
substantive laws of the State of Texas, without regard to conflicts of law principles
thereof. Bank and Depositor hereby consent to the non-exclusive jurisdiction of a
state or federal court situated in Dallas County, Texas, in connection with any
dispute arising hereunder. Bank and Depositor hereby irrevocably waive, to the
fullest extent permitted by applicable law, any objection which it may now or
hereafter have to the laying of venue of any such proceeding brought in such a
court and any claim that such proceeding brought in such a court has been brought
in an inconvenient forum. Bank and Depositor each hereby irrevocably waives
any and all rights to trial by jury in any legal proceeding arising out of or relating
to this Agreement.
(f) Liability of the Parties. The Bank's and Depositor's duties and responsibilities to
each other are limited as set forth in this Agreement, except with respect to any
provisions of the law which cannot be varied or waived by agreement. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER
BANK NOR DEPOSITOR WILL BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT
LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS) OR
FOR ANY INDIRECT LOSS THAT THE OTHER PARTY MAY INCUR
OR SUFFER IN CONNECTION WITH THE SERVICES PROVIDED
HEREUNDER (EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT
LIMITATION, ATTORNEYS' FEES.
FROST PUBLIC FUNDS ENTITY SECURITY AGREEMENT APRIL 2020)
IN WITNESS WHEREOF, the Bank and Depositor have caused this Agreement to be duly
executed as of
DEPOSITOR ACCEPTS AND AGREES
as of
City of Coppell, Texas
RIM
Name: Mike Land
Title: City Manager
FROST BANK
RIM
Name: Justin Havins
Title: Assistant Vice President
FROST PUBLIC FUNDS ENTITY SECURITY AGREEMENT APRIL 2020)
EXHIBIT A
Schedule of Eligible Collateral
Eligible Collateral
All funds on deposit under the provisions of this agreement shall be continuously secured in accordance with the
Texas Public Funds Collateral Act, Chapter 2257 of the Texas Government Code.
The following securities are approved as collateral for City of Coppell funds:
1. Obligations of the United States or its agencies and instrumentalties, or which are backed by the full
faith and credit of the United States;
2. Direct obligations of this state or its agencies and instrumentalities;
3. Obligations of states, agencies, countiescities, and other political subdivisions of this state or any state
rated as to investment quality by a nationally recognized investment rating firm lot less than "A" or its
equivalent;
4. Obligations with which the principal and interest are unconditionally guaranteed or secured by, or
backed by the full faith and credit of this state or the United States or their respective agencies and
instrumentalities
FROST PUBLIC FUNDS ENTITY SECURITY AGREEMENT APRIL 2020)
EXHIBIT B
CERTIFICATE OF AUTHORIZED PERSONS
(Depositor)
The undersigned hereby certifies that he/she is the duly appointed and actingCity Manager of City
of Couuell, Texas (the "Depositor"), and further certifies that the following officers or employees of
Depositor have been duly authorized in conformity with the approval of the Depositor's governing body to
deliver Written Instructions to The Federal Reserve Bank, Federal Home Loan Bank and/or The Bank
of New York Mellon Trust Company, N.A. ("Custodian") pursuant to the Security Agreement between
Depositor and the Bank dated—January 1, 2021, and that the signatures appearing opposite their names are
true and correct:
Jennifer Miller Director of Finance
Name Title
Kimberly Tiehen Assistant Director of Finance
Name Title
Name
Name
Name
Name
Name
Title
Title
Title
Title
Title
Signature
Signature
Signature
Signature
Signature
Signature
Signature
This certificate supersedes any certificate of authorized individuals you may currently have on file.
ma
Mike Land
Title: City Manager
Date:
FROST PUBLIC FUNDS ENTITY SECURITY AGREEMENT (APRIL 2020) 10
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BANK DEPOSITORY AGREEMENT
This depository agreement for public fund entities, together with the terms of the BANK's bid to
serve as depository, a copy of which is attached hereto, if applicable (collectively, this "Agreement"), is made
and entered into on the date last herein written by and between City of Coppell, Texas, hereinafter called
"DEPOSITOR," and FROST BANK, a Texas state bank, duly organized and authorized by law to do banking
business in the State of Texas and now carrying on such business in said State (the "BANK").
1. Appointment of Depository and Term.
DEPOSITOR designates BANK as a depository for the period beginning January 1, 2021 and
continuing until this Agreement has been canceled in accordance with the provisions hereof, for certain
accounts in the name of the DEPOSITOR, and such accounts shall be opened by the DEPOSITOR
designating the accounts and making deposits therein and the BANK accepting said deposits. The term of
this Agreement (the "Term") shall be up to five (5) years, commencing January 1, 2021 and ending
on November 30, 2025 as defined in the City of Coppell's Request for Proposal, or thereafter until the
successor depository shall have been duly selected and qualified according to state law. Upon the expiration
of this Agreement, if the City is actually proceeding with request for proposal procedures but, for whatever
reason, cannot finalize the request of proposal or selection process by the end of the contract period, this
Agreement may be extended in writing for a reasonable length of time, not to exceed ninety (90) calendar
days, to enable the process to be appropriately finalized and completed.
During the Term of this Agreement, the DEPOSITOR will, through appropriate action of its
governing body, designate the officer or officers who, individually or jointly, will be authorized to represent
and act on behalf of the DEPOSITOR in any and all matters of every kind arising under this Agreement,
including, but not limited to, taking such actions as: (a) executing and delivering to BANK an electronic
fund or funds transfer agreement (and any addenda thereto); (b) appointing and designating, from time to
time, a person or persons authorized to request withdrawals, orders for payment, or transfers on behalf of
DEPOSITOR in accordance with the electronic fund or funds transfer agreement and addenda; (c) making
withdrawals or transfers by written instrument; and (d) delivering to BANK the DEPOSITOR's collateral
policy and evidence of approval by the DEPOSITOR's governing body of (1) the collateral policy, (2) the
CUSTODIAN (defined below), (3) this Agreement, and (4) the attached Security Agreement (defined below).
2. Establishment of Accounts.
DEPOSITOR shall deposit such of its funds as it may choose, and BANK shall receive such deposits
as "Demand Deposits," Interest on Checking Accounts ("IOCs"), "Savings Accounts," Money Management
Accounts ("MMAs"), and/or Certificates of Deposit ("CDs"), as designated by DEPOSITOR, and BANK
shall hold said Demand Deposits, IOCs, Savings Accounts, MMAs, and/or CDs subject to payment in
accordance with the terms of the particular deposit. BANK will allow, credit, and pay interest on such IOCs,
Savings Accounts, MMAs, and/or CDs at a rate to be set by the BANK, with: (1) interest on IOCs and MMAs
to be paid monthly as it accrues through the last day of each month; (2) interest on Savings Accounts to be
paid quarterly as it accrues through the last day each quarter; and (3) interest on CDs to be paid at maturity.
Interest on CDs shall be calculated for the exact number of days on the basis of a 365 -day year. All BANK
accounts or products listed above shall be in the name of Depositor with the designation of the fund or account
in accordance with instructions of Depositor.
FROST PUBLIC FUNDS ENTITY DEPOSITORY AGREEMENT (APRIL 2020)
3. Deuository Services: DEPOSITOR Records: Fees
Subject to the provisions stated above and to the particular terms of Demand Deposits, MMAs,
Savings Accounts, or IOCs, BANK shall pay on demand to the order of DEPOSITOR upon presentation of
checks, drafts, or vouchers properly issued, all or any portion of said deposits now on deposit or to be
deposited with said BANK, as long as collected funds are on deposit.
BANK statements, check images, check registers, deposit slips, debit and credit notices,
reconciliations, notices of interest earned, and any other related documentation, or images thereof, shall be
retained by BANK for a period of 7 years after the date of receipt of the items. To the extent permitted by
law, BANK shall make all records, books, and supporting documents, or images thereof, pertaining to
services applicable to DEPOSITOR accounts and transactions pursuant to this Agreement available at any
reasonable time during the term of this Agreement, to DEPOSITOR and its designated representatives. To
the extent permitted by law, DEPOSITOR shall have the right to examine, audit, inspect, or make copies of
any of such documents.
To determine charges for services rendered, BANK utilizes an earnings credit rate ("ECR") on
BANK's account analysis system, determined and calculated in a manner specified in the BANK's Response
as such term is defined in Section 15 herein. The BANK's account analysis system is used to calculate and
account for all BANK -performed deposit and treasury management service charges. BANK will calculate
the DEPOSITOR's combined average daily collected balances, and using the ECR, number of days in the
year, and number of days in the month calculate the earnings credit allowance of the BANK and use such
earnings credit allowance to offset the accrued analyzed charges to the DEPOSITOR of combined services
rendered by BANK. For any amount of such accrued analyzed charges not offset by DEPOSITOR's earnings
credit allowance as described above, DEPOSITOR shall remit payment in such amount to BANK monthly.
Any excess or unused earnings credit allowance may be carried to the next month toward the offset of that
month's accrued analyzed charges; provided, however, that excess earnings credit allowances carried forward
from a previous month must be used for offset of accrued analyzed charges within the same calendar quarter,
and such earnings credit allowances shall reset to zero as of the end of each calendar quarter (March 31, June
30, September 30 and December 31). Any interest paid on MMAs, Savings Accounts or IOCs shall be
considered an interest expense and included in the accrued analyzed charges of the DEPOSITOR on the
account analysis statement.
4. Securitv of Funds; Acceptable Securitv; Appointment of CUSTODIAN; Increases in
Collateral Amounts.
All funds on deposit with BANK to the credit of the DEPOSITOR (including Demand Deposits,
IOCs, Savings Accounts, MMAs, and CDs) shall be secured pursuant to the BANK's "Security Agreement"
or similar agreement (the "Security Agreement") and any agreement required by the CUSTODIAN (defined
below), all of which are attached hereto.
DEPOSITOR and BANK, by execution of this Agreement, designate Federal Reserve Bank, Federal
Home Loan Bank or The Bank of New York Mellon Trust Company, N.A. as the "CUSTODIAN," to hold
collateral in an account maintained by CUSTODIAN in the name of the BANK and subject to the control of
DEPOSITOR, according to the terms and conditions of this Agreement, the Security Agreement, and any
agreement required by the CUSTODIAN to document such relationship.
DEPOSITOR recognizes that the Federal Deposit Insurance Corporation (or its successor) (the
"FDIC") provides insurance for DEPOSITOR's funds deposited at any one Texas financial institution,
including accrued interest on such funds, only up to maximum regulatory limits as set by the FDIC. All
uninsured funds on deposit with BANK to the credit of the DEPOSITOR shall be secured by collateral as
provided for in the Texas Public Funds Collateral Act and in other applicable law (collectively, the "Acts"),
and DEPOSITOR agrees and certifies that the collateral listed in Exhibit A to the Security Agreement shall
be eligible to be used as collateral to secure DEPOSITOR's funds on deposit with the BANK. The market
value of the collateral securing DEPOSITOR's funds must at all times equal or exceed 105% of the daily
ledger balance (amount of funds plus the amount of any accrued interest on the funds) of all DEPOSITOR's
2
FROST PUBLIC FUNDS ENTITY DEPOSITORY AGREEMENT (APRIL 2020)
Demand Deposits, IOC's, Savings Accounts, MMA's and CDs, less the FDIC standard maximum deposit
insurance amount ("SMDIA") (the "Collateral Requirement"). The market value with respect to any
collateral as of any date and priced on such date will be obtained by the BANK from a generally recognized
pricing source.
When the need for collateral with the BANK is expected to increase on any given day or over a
series of days, DEPOSITOR agrees to notify the BANK of such expected increase at least 1 business day
prior to the expected date the additional deposits are expected to be received.
5. Delivery of Collateral to CUSTODIAN.
BANK already, or will immediately after the effective date of this Agreement, deliver to
CUSTODIAN collateral of the kind and character above mentioned of sufficient amount and market value
to provide adequate collateral for the uninsured funds (as described in Section 4 above) of DEPOSITOR
deposited with BANK. Such collateral or substitute collateral (as discussed below), shall be kept and retained
by CUSTODIAN in an account maintained in the name of BANK and subject to the control of DEPOSITOR
pursuant to the terms of this Agreement and of the Security Agreement, so long as the depository relationship
between DEPOSITOR and BANK shall exist, and after the termination or expiration of this Agreement so
long as any portion of the deposits made by DEPOSITOR with BANK shall have not been properly paid out
by BANK to DEPOSITOR or on its order. The BANK grants a security interest in such collateral to
DEPOSITOR. The joint custody account at the Federal Reserve Bank, Federal Home Loan Bank or The
Bank of New York Mellon Trust Company, N.A. will be held in the BANK's and DEPOSITOR's name.
6. Custodian Safekeeping Account.
The BANK shall cause CUSTODIAN to accept said collateral and hold the same in trust for the
purposes stated in this Agreement, in a separate joint safekeeping account with the CUSTODIAN, the
DEPOSITOR, and the BANK, to be managed pursuant to the Security Agreement, and the operating
agreements, guidelines, and procedures as stated in this Agreement and pursuant to the terms of any separate
agreement with the CUSTODIAN.
Duties and Liabilities of CUSTODIAN.
It is distinctly understood by all the parties that the CUSTODIAN shall not be required to ascertain
the amount of funds on deposit by the DEPOSITOR with BANK, nor the validity, authenticity, genuineness,
or negotiability of the securities deposited with the CUSTODIAN by BANK pursuant to this Agreement, and
the CUSTODIAN is not liable to anyone for performing in accordance with this Agreement, except for the
safekeeping of the securities delivered to Custodian, and for any negligence, gross negligence or willful
misconduct of CUSTODIAN's own officers, agents, and employees.
8. Right of DEPOSITOR Upon BANK'S Breach of Duties Under Agreement or BANK'S
Insolvencv.
Should BANK fail at any time to pay immediately and satisfy upon proper presentation any check,
draft, or voucher lawfully drawn upon any Demand Deposit, or fail at any time upon proper presentation or
authorization to pay and satisfy, when due, any check, draft, or voucher lawfully drawn against any IOC,
MMA, or Savings Account and the interest on such IOC, MMA, or Savings Account, or in case BANK
becomes insolvent or in any manner breaches its contract with DEPOSITOR, it shall be the duty of the
CUSTODIAN, upon the demand of DEPOSITOR (in DEPOSITOR's sole discretion, and supported by
proper evidence of any of the above listed circumstances), to surrender the above-described collateral to
DEPOSITOR. DEPOSITOR may, in accordance with the terms of this Depository Agreement and any
applicable provisions of a Security Agreement, sell all or any part of such collateral, and out of the proceeds
of such sale deduct for itself payment of all damages and losses sustained by it, together with all expenses of
any kind and every kind incurred by DEPOSITOR on account of such breach, failure or insolvency,
accounting to BANK for the remainder, if any, of such proceeds or collateral remaining unsold.
FROST PUBLIC FUNDS ENTITY DEPOSITORY AGREEMENT (APRIL 2020)
9. Collateral Substitutions by BANK
If BANK shall desire to sell or otherwise dispose of any one or more of such collateral so deposited
with the CUSTODIAN, it may, with prior approval of DEPOSITOR, substitute for any one or more of such
collateral other collateral of the same market value and of the character authorized in this Agreement, and
such right of substitution shall remain in full force and be exercised by BANK as often as it may desire to
sell or otherwise dispose of any such collateral; provided, however, that at all times, the aggregate amount
of such collateral or substituted collateral deposited with the CUSTODIAN shall always be such that it meets
the Collateral Requirement. If at any time the aggregate amount of such collateral so deposited with the
CUSTODIAN is less than the Collateral Requirement, then in that event, BANK shall immediately deposit
with the CUSTODIAN additional collateral as may be necessary to meet the Collateral Requirement.
BANK shall be entitled to income on collateral held by the CUSTODIAN, and the CUSTODIAN
may dispose of such income as directed by BANK without approval of DEPOSITOR, to the extent such
income is not needed to secure DEPOSITOR's deposits, and provided that retention of such income does not
otherwise violate this Agreement.
10. Trust Receipts For Collateral; DEPOSITOR'S Right To Itemized List of Collateral.
BANK shall cause CUSTODIAN to promptly forward to DEPOSITOR trust receipts via regular
mail, or will provide such trust receipts and reporting on the Nexen Internet service made available to
DEPOSITOR, covering all such collateral held for DEPOSITOR by CUSTODIAN, including substitute
collateral substituted in accordance with this Agreement. BANK shall also maintain records relating to all
such collateral held for the benefit of DEPOSITOR. Upon written request of the DEPOSITOR, and if in
accordance with the CUSTODIAN's agreement, the BANK shall request that the CUSTODIAN furnish as
of any date requested a completely itemized list of collateral held as security for DEPOSITOR.
11. Collateral Value In Excess of Collateral Requirement.
If at any time the collateral held by the CUSTODIAN for the benefit of the DEPOSITOR has a
market value in excess of the Collateral Requirement, then upon the written authorization of an authorized
representative of the BANK, confirmed by an authorized representative of the DEPOSITOR, the BANK may
request withdrawal of a specified amount of collateral, the CUSTODIAN shall deliver this amount of
collateral (and no more) to BANK, and the CUSTODIAN shall have no further liability for collateral so
redelivered to BANK.
All substitutions, releases, and additional pledges of collateral pursuant to the terms hereof and of
the Security Agreement shall be completed at the earliest time as is commercially reasonable.
12. Termination; Amendment of Agreement.
Either DEPOSITOR or BANK shall have the right without cause to terminate this Agreement prior
to the expiration date by providing the other party with 90 days prior written notice of its election to terminate.
The Agreement shall terminate 90 days after delivery of such written notice, provided that all provisions of
this Agreement have been fulfilled.
In addition to any other remedy that DEPOSITOR may have at law or in equity, if BANK breaches
this Agreement in any manner or defaults on its obligations hereunder and does not cure such breach or
default within 30 days of BANK receiving notice of such breach or default from DEPOSITOR, then after
expiration of such 30 day cure period, DEPOSITOR may terminate this Agreement and withdraw its funds
by giving BANK written notice of termination and withdrawal. Both BANK and DEPOSITOR agree that
among other items constituting default under this Agreement is a failure to maintain adequate collateral or
adequate capital ratios (if applicable).
In the event that DEPOSITOR fails to comply with any of its promises in this Agreement, or if any
of its representations are untrue or any of its warranties is breached, and DEPOSITOR does not cure such
4
FROST PUBLIC FUNDS ENTITY DEPOSITORY AGREEMENT (APRIL 2020)
breach or default within 30 calendar days of DEPOSITOR receiving notice of such breach or default from
BANK, then after expiration of such 30 calendar day cure period, BANK may terminate this Agreement by
sending written notice to DEPOSITOR of BANK's decision to terminate. Upon receipt of such notice,
DEPOSITOR shall make provisions for the immediate withdrawal of DEPOSITOR's funds from BANK.
Any and all sections of this Agreement may be amended in a writing executed by both the DEPOSITOR and
the BANK.
13. Post-Termination/Expiration Obligations.
When the relationship of DEPOSITOR and BANK shall have ceased to exist, and when BANK
shall have properly paid out all deposits of DEPOSITOR, it shall be the duty of DEPOSITOR to give the
CUSTODIAN a certificate to that effect. Upon CUSTODIAN's receipt of such certificate, the CUSTODIAN
shall redeliver to BANK all collateral then in its possession belonging to BANK for the benefit of
DEPOSITOR, and taking its receipt for such delivery. An order in writing presented to the CUSTODIAN
by DEPOSITOR and a receipt for such collateral by BANK shall constitute a full and final release of the
CUSTODIAN of all its duties and obligations under this Agreement, and the CUSTODIAN shall not have
any liability of any kind whatsoever to both DEPOSITOR and BANK, except for any liability as set forth in
Section 7 above where such liability arose while the collateral was in CUSTODIAN's control.
14. Representations and Warranties of the Parties.
The BANK represents and warrants that:
(a) the BANK is the sole legal and actual owner of the securities or of a beneficial interest in
the securities utilized to collateralize deposits;
(b) BANK accounts are insured to the regulatory limits of the FDIC;
(c) this Agreement has been approved by the BANK's Board of Directors, and such approval
is evidenced by a true and correct copy of the resolution of BANK's Board of Directors
adopted at the meeting at which this Agreement was approved (attached to this Agreement
and incorporated for all purposes), and further, such approval is reflected in the minutes of
such meeting of the Board of Directors; and
(d) this Agreement is an official record of the BANK, and has been, and will continue to be,
an official record of the BANK from the date of its approval by the BANK's Board of
Directors.
The DEPOSITOR represents, warrants and promises that:
(a) the DEPOSITOR has complied with all applicable law governing the selection of a
depository bank, that DEPOSITOR has full power and authority to enter into this
Agreement, the Agreement is a valid and binding agreement enforceable against the
DEPOSITOR pursuant to its terms, and does not and will not violate any statute or
regulation applicable to DEPOSITOR;
(b) all acts, conditions, and things required to exist, happen, or to be performed on
DEPOSITOR's part precedent to and in the execution and delivery of this Agreement exist
or have happened or have been performed; and
(c) DEPOSITOR will comply with the terms of any other agreements it may have with BANK
in connection with this Agreement.
15. Incorporation of Request For Proposal and Response; Conflicting Provisions.
FROST PUBLIC FUNDS ENTITY DEPOSITORY AGREEMENT (APRIL 2020)
The DEPOSITOR's Request for Proposal dated July 24, 2020; and titled "RFP #177 Depository
Services" ("RFP"), and the BANK's response to the DEPOSITOR's Request For Proposal, dated August
11, 2020 ("Response"), are collectively incorporated into this Agreement by reference and attached hereto as
"Attachment A". In the event of any conflicts between the RFP and the Response, the provisions of the RFP
control. In the event of any conflicts between the Response and this Agreement regarding provisions and
topics addressed in both documents, the provisions of this Agreement control. In the event of any provisions
and topics addressed in the Response and not addressed in this Agreement, the Response controls.
16. Liabilitv of the Parties.
The BANK's and DEPOSITOR's duties and responsibilities to each other are limited as set forth in
this Agreement, except with respect to any provisions of the law which cannot be varied or waived by
agreement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BANK
NOR DEPOSITOR WILL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION,
LOSS OF REVENUE OR ANTICIPATED PROFITS), OR FOR ANY INDIRECT LOSS THAT THE
OTHER PARTY MAY INCUR OR SUFFER IN CONNECTION WITH THE SERVICES
PROVIDED HEREUNDER (EVEN IF THE SUCH PARTY HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION, ATTORNEYS'
FEES.
17. Invaliditv: Severabilitv.
If any clause or provision of this Agreement is for any reason held to be invalid, illegal, or
unenforceable, such holding shall not affect the validity, legality, or enforceability of the remaining clauses
or provisions of this Agreement.
18. Governing Law: Venue.
This Agreement shall be construed in accordance with the substantive laws of the State of Texas,
without regard to conflicts of law principles thereof. BANK and DEPOSITOR consent to the non-exclusive
jurisdiction of a state or federal court situated in Dallas County, Texas, in connection with any dispute arising
from or relating to this Agreement. BANK and DEPOSITOR irrevocably waive, to the fullest extent
permitted by applicable law, any objection which it may now or hereafter have to the laying of venue of any
such proceeding brought in such a court and any claim that such proceeding brought in such a court has been
brought in an inconvenient forum. BANK and DEPOSITORY each irrevocably waives any and all rights to
trial by jury in any legal proceeding arising out of or relating to this Agreement.
19. Notices.
Any communication, notice, or demand to be given hereunder shall be duly given when delivered in writing
or sent by telex or facsimile to a party at its address indicated below.
If to the DEPOSITOR: City of Coppell
Attention: Jennifer Miller, Director of Finance
PO Box 9478
Coppell, TX 75019
JMillerkcoppelltx. gov
If to BANK: Justin Havins, Relationship Manager
Frost Bank
2950 Harwood
Dallas, Texas 75201
Justin. Havins (4Fro stB ank. co m
6
FROST PUBLIC FUNDS ENTITY DEPOSITORY AGREEMENT (APRIL 2020)
20. Securitv Measures.
BANK and DEPOSITOR agree to implement and follow mutually agreeable and adequate measures
to protect the privacy and security of DEPOSITOR's transactions and information, including
communications and information held by DEPOSITORY or BANK, or transmitted between DEPOSITOR
and BANK. These measures may set forth in various BANK service -specific agreements or documentation,
and shall address such issues as: (1) signature and identity verification; (2) fraud detection, prevention and
reporting; (3) security codes and similar controls; (4) transmittal procedures and prior and proper
authorization of telecopy, telephone, electronic and other transactions; (5) e-commerce issues such as
encryption, e-mail security, and website security; and (6) computer and other access controls. BANK shall
provide DEPOSITOR with at least 30 days prior written notice of any changes or amendments to the Bank's
security procedures, as described in this Section 20 and elsewhere in this Agreement or other BANK service -
specific agreements or documents, unless such changes or amendments must, in BANK'S sole opinion and
discretion, be made: (i) immediately in order to guard against or mitigate a risk of fraud or criminal activity;
or (ii) immediately to comply with an order or directive from law enforcement, court of law or any other
regulatory agency with authority over the BANK's activities and operations.
21. Assignment and Binding Effect, Amendment.
The DEPOSITOR may not assign all or any part of its rights or obligations under the Agreement
without the BANK's prior express written consent, which may be withheld in the BANK's sole discretion.
The BANK may assign or delegate all or any part of its rights or obligations under the Agreement, including,
without limitation, the performance of the services described herein. The Agreement will be binding on and
inure to the benefit of the successors and permitted assigns of either party.
22. Third Partv Service Providers.
In the normal course of its business, BANK may engage third party vendors or subcontractors to
provide or assist in providing all or part of certain services. In the event that BANK engages such third party
vendors or subcontractors, any contracts that BANK enters into with such third party vendors or
subcontractors for the assistance in providing services under this Agreement shall contain necessary clauses
requiring such third party vendors or subcontractors to comply with the provisions of this Agreement,
including, but not limited to, levels of performance, service and data security. Any third party vendor or
subcontractor used by BANK is an independent contractor and not the BANK's agent. This Agreement may
not be amended or modified in any manner except by written agreement executed by all of the parties.
23. Records, Reports and Audits.
BANK shall maintain separate, accurate and complete records relating to the DEPOSITOR's funds,
the pledged securities and all transactions relating to the pledged securities. BANK will also take reasonable
steps to insure that the CUSTODIAN shall maintain separate, accurate and complete records relating to the
pledged securities and all transactions relating to the pledged securities. DEPOSITOR and its representatives
or agents shall have the right to examine and audit at any reasonable time upon 5 days prior written notice
all records maintained pursuant to this Section 23.
7
FROST PUBLIC FUNDS ENTITY DEPOSITORY AGREEMENT (APRIL 2020)
IN WITNESS WHEREOF, the BANK and DEPOSITOR have caused this Agreement to be duly
executed as of
ATTEST:
Name: Stephanie Love
Title: Public Finance Administrative Assistant
DEPOSITOR accepts and agrees as the
ATTEST:
Name: Ashley Owens
Title: City Secretary
FROST PUBLIC FUNDS ENTITY DEPOSITORY AGREEMENT (APRIL 2020)
BANK:
FROST BANK
By:
Name: Justin Havins
Title: Assistant Vice President
DEPOSITOR:
City of Coppell, Texas
By:
Name: Mike Land
Title: City Manager
illl�24 1 In 4 °.i l (x
RFP #177 DEPOSITORY SERVICES
TRANSMITTAL OF ADDENDUM I
INSTRUCTIONS:
1. ACKNOWLEDGE RECEIPT OF ADDENDUM IN PROPOSAL, ON OUTER ENVELOPE OF BID.
I Acknowledge the receipt of Addendum No. 1
City of Coppell
PROJECT NAME:
DEPOSITORY SERVICES
July 29, 2020
Frost Bank
Justin Havins, Relationship Manager Company Name
Contractor's Signature
CHARLES ELLIS
PROCUREMENT SERVICES DEPARTMENT
(972) 304-3643
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
WFrost�
2950 N. Harwood Street
1111 Floor
Dallas, TX 75201
August 11, 2020
City of Coppell
Procurement Services Department
255 Parkway Blvd
Coppell, TX 75019
Dear Procurement Services Department:
Frost is offering to continue providing banking services for the City of Coppell, for the period beginning on
November 30, 2020 effective until November 30, 2025. 1 am confidentthat our response details the exceptional
resources, experience and product offerings that you have come to expect from Frost.
Like all administrations, you are charged with the skillful balance of revenue inflow and the delivery of
increasingly carried and complex services to your staff and community. Emerging technologies, the economic
and legal environment, shifting population patterns, and citizens' expectations and lifestyle demands can place
pressures on your ability to maintain - and increase - the quality and level of services; manage debt, financial
risks and cash flows; and meet legislative mandates and your public's requirement.
My role as your trusted adviser and financial guide is to provide comprehensive and proven solutions that can
manage those pressures by simplifying your operations, increasing efficiencies and opportunities, and
maximizing your financial resources. I will continue to serve as your primary contact, and Sybil Daniels, with
Treasury Management Services, will continue to assist with your depository and treasury needs.
We are determined to help you achieve business outcomes most important to you. Frost's tailored solutions and
expertise in helping other government clients means you have a powerful partner on your side, no matter what
your business issues may be now or in the future.
One component of this proposal is the competitive bottom- line pricing discount of 55 percent, on all non -
balance related bank fees associated with Frost performed services.
Upon award of this contract to Frost, we would like to offer the City of Coppell waived analysis fees for the first 3
months. Additionally, Frost would like to offer deposit bags and endorsement stamps at no charge through Frost's
vendor/ supplier.
We look forward to the opportunity to continue working with you and greatly appreciate this opportunity to be
your deposit bank yet again. Please call should you have any questions after you have reviewed the proposal.
Sincerely,
Justin Havins
Assistant Vice President
Frost Bank is a subsidiary of Cullen/Frost Bankers Inc. NYSA Symbol: CFR, A Texas financial services company offering banking, investments and insurance
C 2020 Frost
RFP #177 DEPOSITORY SERVICES
RFP #177
CITY OF COPPELL
DEPOSITORY SERVICES
(SCOPE OF WORK)
TWO (2) PAPER COPIES AND ONE (1) DIGITAL COPY ON DIGITAL
MEDIA MUST BE RETURNED TO THE PROCUREMENT SERVICES
DEPARTMENT NO LATER THAN 2:00 p.m. CENTRAL TIME, TUESDAY, AUGUST
11, 2020. THE MEDIA MUST BE INCLUDED WITH THE PROPOSAL PACKET.
C() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
1. INTRODUCTION
The City of Coppell, Texas is seeking competitive responses to a Request for Proposal
("RFP") for Depository Services from eligible and qualified financial institutions. This
RFP provides sufficient information for interested parties to prepare and submit
proposals for consideration by the City.
All qualified financial institutions (as specified in this RFP) are invited to submit a
proposal. Holding companies and individual banks responding to this RFP must be
and remain in good standing with the Texas State Comptroller in accordance with
Section 2252.903 of the Texas Government Code, must be insured through the
Federal Deposit Insurance Corporation (FDIC), and must be able to demonstrate a
capacity to meet the City's requirements as stated in this RFP.
2. OBJECTIVES OF THE PROPOSAL
The City wishes to communicate the primary objectives of the depository agreement,
an important component of the overall treasury program of the City of Coppell:
2.1. To seek a bank capable of providing superior banking services and willing to be
attentive to the City's financial matters at the best possible value;
2.2. To seek a bank which meets the legal qualifications and the terms and conditions
specified in this Request for Proposal;
2.3. To develop a foundation for a good working relationship with the depository bank;
2.4. The banking institution must exhibit a strong financial position;
2.5. To maximize the total dollars earned by the City on accounts balances in order to
be prudent and effective custodians of the financial resources;
2.6. To fully comply with the requirements of Texas Local Government Code Chapter
105, as amended, and
2.7. Must have the ability to provide sufficient collateral for deposits.
3. CRITERIA FOR EVALUATION
The City will review the submitted proposals carefully. The recommendations will be
based on the proposal determined to be best on behalf of the City and the taxpayers.
As an indication of what will be considered in the evaluation of the proposals, the
following areas are listed:
C() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
CRITERIA
WEIGHTED
PERCENTAGE
• Ability to perform the requested services, capabilities
of automated services, internal controls and security
offered, and additional services proposed 40%
• Cost of required banking services and earnings
potential for funds in depository 30%
• Financial condition & ability to meet collateral
requirements 15%
• Experience and continuity of institution along with its 15%
officials
4. ACCOUNT INFORMATION
The City intends to initially establish the following bank accounts. Other accounts may
be set up as needed during the term of the contract.
4. 1. Operating Account
The Operating Account will constitute almost all of the City's banking business.
Intra -bank transfers to reimburse money to other City accounts and most wire
transactions will occur in this account. Most securities clearance and safekeeping
activity of investments will be debited or credited against the account. Copies of
deposit tickets shall be sent or downloadable to the City.
4.2. Payroll Account
The Payroll Account will be set up to clear only personnel related checks for the
City. Automatic transfers from the operating account to the payroll account will be
used to fund checks and bring the balance back to zero. One check stock will be
clearing through this account. The City has approximately a 480 -person payroll
paid bi-weekly with an approximate amount of $1.5 million per payroll. The City
requires its employees to be paid by direct deposit. The ACH file is prepared and
transmitted to the bank, usually on Wednesday, before payday on Friday. The
City will require Direct Deposit service, copies of all checks returned to the City in
numerical order, be sent or downloadable to the City.
C() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
4.3. Self -Funded Health Plan Account
The Self -Funded Health Plan Account will be set up to receive deposits from the
Operating account for the purpose of making payments on the City's self-funded
health insurance claims. The City will require Direct Deposit service, copies of all
checks returned to the City in numerical order, be sent or downloadable to the
City.
4.4. ACH Account
The ACH Account is utilized to process all incoming and outgoing transfers:
including credit card debit and credits to the account, Safe Light credits to the
account, E911 payment from the State, ACH and wire transactions.
The City will require a copy of all checks returned to the City in numerical order, be
sent or downloadable to the City. Should the Federal Reserve Bank or any other
regulatory agency request changes or termination of this service, the City will alter its
check clearing arrangement accordingly.
The bank will be required to notify the City each morning no later than 10:00 a.m. of
the total amount of checks clearing for that day. This notification should be made
available by an Internet reporting system.
GENERAL BANKING SERVICES
5. DESCRIPTION OF SERVICES
The following identifies and discusses the services to be provided and the
requirements to be met. Any service that does not have a fee indicated on this form
will be considered to be free of charge in the Depository Contract. Please attach
copies of reports and separate agreements that apply to each service, if applicable.
5.1. Controlled disbursement service with totals given to the City to be received no
later than 10:00 a.m. each morning available on an Internet based reporting
system.
Frost re;ce; ve;s two presentments nts eah banking day from the Federal Reserve. The; first
presentment nt us reported by 9.30 a.m. Central true;, and the; second presentment nt us typo cally
reported by .1.1 a.m. Central true;. Frost's e;xpe rr e nce; us that the; rnajorr ty of checks are reported
d
un the first presentment.
Frost uses its Parkdale; fOP1aP nal center locadon un Corpus Chr� sd as the;
controlled clusbu use me nt e;ndp oc nt.
Fm ; YKry'sM' IYU; w�f1��'fkw;ry f M Y1$r
C() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
5.2. The City requires an Internet based reporting system which will provide the
previous day balance report, current day balance report, a detail of the prior day's
debits and credits, current day controlled disbursement report, stop payment
status report, current day ACH report and positive pay activity, returned items,
monthly bank statements, and exception reports. In addition, the bank will provide
all software required to access/use these services and produce the required
reports.
Treasury ry Conne;ct us Frost's Cornrne;r6aI online; banking se rvuce; that provude;s access to your
account unforrnatlon and transacdon fu nctuons wherever r and whenever r your need ut 24 hours
a day, seven days a week. Your need only a pe rsonaI computer Mtlh an Internet conne;cdon,'
Google; Chrome;, Internet FxpIore r, Hre;fox or Safarr browser software-, and a Frost-provode d
se;cu rr ty token to access a world of data, re pordng and se rvuce;s for your organuzadon.
XIII se rvuce;s Hste d are avau able; through one portal Avau able; modu Ie;s uncIu de the foHoMng-
Wuoc transfc .Ls may be undated online;. The; organo zadon can create one or more; to;rr plate;s
from wNch they can undate ore pe;tltuve; wine; payments. Dome;stuc and fore; gn Mre;s may be
undated online;. We; also provude; an untraday wine; report updated every 20 rrflnute;s
throughout the day 'that provude;s eke;taHs about uncornr ng and outgoung wine; transfers,
uncIud ng Fed reference numbers.
• ACH transacdons can be undated online; through rnanu aI entry or urnporte d from a fine;
produced by your accouo dreg software;.
• Account --transfers enables ore;akdrne; transfer of avau able; funds between your Frost
accounts.
• ILtoLL_Eiy[Lients. enables the ore;akdrne; un7 dation of stop pays. Stop pays undated online;
ore;rr aK n un effect for .12 months.
• �Ltor) Iaqu iy enables unqu ro es for spe;cufuc checks pad un the past 365 days.
• IPAY_us a se rvuce; that us a fast, easy and secure way to make; payments e;Ie;ctron7 caHy or
through paper checks to anyone; un the dome;stuc U.S.
IFir uuAIl ii lk_I is QrLu in't_I odull :_
I?osuLhv_c_f?Liy. enables the; organo zadon to urnport a fine; of pad checks and voude d ute rns or
unput tlhe rn ooze; -try -ooze;. The; organo zadon may re;vue;w e;xce prions wuth nonage;s and
cornrnu no cite; "pay/no pay" eke 6suons.
IR iL iirm l ori u II N
f3aIance and TransKlrtlran_e, rdn provude;s frac unforrnadon on aII transardons (pre;vuous
day and untraday) wNch us updated on a ore;KSI true; 24/7 bases. TNs data wHI be ore;tai ne d
up to 540 days.
c K�cy_F�c rra�ts avau able; uncIu de; f3DA e;-State;ogre rets (wuth nonage;s), Account l naIysus
Statements, ACH ac'tivoty, Posotive; Pay foie; updates, Sweep confoo^m adons and statements,
rets,
Same; day wine; reports and FEDI unfoo^rnadon.
(() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
�
There Is a custorner desIgnated Systern AdmInIstrator who sets up new users, grants access
to features and accounts, resets passwords or dimeb|em e user. The audit |ogfunotione|ity
eUowm the administrator to monitor user activities.
-----------------------------
� Seme day Images of eU remittence items processed through Frost's
|ookboxfeoi|itiemare evei|eb|eon|inefor estandard periodof45oe|enderdays. QptioneUy,
Image storage can be extended to either 180 oe|ender days or e meven�eer, |on�term
� neb|emthe use of desk top scanner to capture and mend an
e|eotronio depomitthroughout the deywith e fine| deed|ine of 9,00 pm.
Treasury Connect Is Frost's Commeroie| on|ine benkingmervioe that provides access to your
account information and transection functions. Treasury Connect can be eooemmed through
Bank's web page etfrosttreemuryoonneot.00m. To access the Sen/ioem on|ine, Customer must
own or have access to equipment and software (ino|udingweb browser software) that eUowm
Customer to eooemm the Internet (oo||eotive|y, the "Computer"). The web browser used by
Customer must support, at minimum, Secure Socket Layer (^SSL^)teohno|oQyand 128 -bit
encryption, and must be the ourrentvension orwithin two (2) versions prior of K8ioromoft Internet
Exp|orer, Safari, Firefox, and Chrome. Or pommib|y, other browsers that support SSL. Customer
understands that If web browser Is used that does not support SSL and 128 -bit encryption,
the meourityofCustomer's trenmeotionm re|eted to enySen/ioe may be compromised and thus
not in oomp|ienoe with the Security Procedures required by Bank. Customer further
understands that inmteUetion, maintenance, and operation of Customer's Computer are
Cumtomer`mmo|e remponmibi|ity. Bank Is not remponmib|efor any errors orfei|urem of Customer's
Computer, ino|uding but not |imited to, any virus or Internet re|eted prob|emm that may be
emmooieted with Customer's eooemm and use of the Sen/ioem on|ine. Bank reserves the right as
encryption teohno|oQydeve|opmto Impose further reemoneb|e restrictions or requirementmto
meintein the appropriate |eve| of security for the transections oontemp|eted hereunder and
Customer agrees to abide by such restrictions or requirements or discontinue the Service
or Services hereunder. TIIo n,n,mounn pmvmou hy pmM in blue o1)nvo m000mo ,oqui,1!m1!n0 nnhou m so
wnhoIII[! CIO/ la uunonuynn� uamn8mo p^xI nuxhnxn, nomnho oopnauCopdu,o aowmoa
5.3. Processing Of all deposited items Of checks and C@Sh to include encoding
Sen/iQeS' credit and debit advices given to the City within three business d@VS Of
the debit or credit, clearing returned it8nOS bNiD8' and return of stamped duplicate
deposit slips to the City within One business day Of the deposit. All checks
deposited bVthe City that did not clear the first time, should besubmitted @second
time before returning them to the City.
AdvioemwiU be mei|ed and wiU have eU the deposit detei|ed information stating the nature of
the credit/debit. Upon customer's instructions e copy of the advice can be sent vie secure
emeii The Image of the advice wiU be evei|eb|e the next business day vie Treasury Connect.
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
Frost can re -clear che;cks when they are returned the; first true;. Checks returned a
second true; are forwarded to your or your collecting agent. Frost's ln-house; colle;ctlons
department can also present unpald checks to a drawee; bank frac colle ctlon over a varlable;
true; pe clod (l.e;. slght, .14 -day, 30 -day, etc.).
Fore;lgn checks are also cleared through thls colle ctlons process.
Frac same; day notlflcatlon your wlII be; notlfle d by e mall or phone;. Return lte rn lmage;s
are avallable; In Treasury Connect on a next day basls. fir Ooiiii rhoi`i pi,vidml I,/ I oM. Ii`i blue i,
w([ r,l v1,1f, Io Hr CO/ , rw .!I'd H1 0 Hr dupllw01 dr,rn, it dipllwml Io I,r11!1:c.iiir ml Io Hr Cit.,'; Hr it art. (l r/ A lwi..l
li �,V d p ��IY r11! ray ,pp ,:l off r �� ul Fitly Im illp, dow Yol Hr "O/ h/ I Io',1:.
6. ACCOUNT SERVICES
The City will process its own reconciliation but requires the following data:
The City shall receive statements electronically for all accounts within five (5) working
days after the close of the calendar month. Statements shall include transaction
activity made on the last day of the period. The City requires that within 5 days copies
of cleared checks (front and back) be sent or downloadable to the City. This process
should allow the City to search for cleared checks and print the image of a cleared
check. Include any software cost associated with this service in the fee schedule
section. The City may require a demonstration by the Depository of this service. All
other account statements should include debit/credit advices.
The bank will provide research assistance on transactions (ACH trace and others) as
requested by the City.
"Account statements are available; frac onllne; vle;wing the; first buslne;ss day after the; cycle's end
and are available; frac 365 days. Paper statements are malle d the; thlyd buslne;ss day after month..
end.
Transactlon hlstory may be; downloaded and exported vla Treasury Connect.
Check and de poslt sllps lmage;s are available; In Balance; Reporting vla Treasury Connect and may
be; downloaded and exported. I-Yt: s r ;Kara r in blear Iwo is ae^cept abk:: tory th , u':"mty
7. ACCOUNT ANALYSIS STATEMENTS
The City intends to pay for all account services provided by the bank as set forth in
the Request for Proposal. The City shall require account analysis each month with all
accounts grouped to obtain maximum credit for balances which shall clearly show
volume counts, fees charged, and total prices for servicing the accounts. The account
analysis shall also show average ledger balances, average collected balances,
interest rates, and earnings credit calculations. Fees charged to the City directly by
the bank are not subject to change for the length of this contract. (Please attach a
sample account analysis statement).
bill Frost banking se rvlce;s wlll be bllle d through account pan alysls. In thls context, 'tire; org anlzatlon
may choose; to reduce balances and pay fees, or m alntaln a co ripe nsa'tlng balance to offset
accrued fees at lts dlscre;tlon wlth no notice; to tlrre; bank. I I,,�ml I,y cir/.
(() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
Generally, fees for 'third rJcar'ty Services (i.e., bank card acceptance processing, payroll card, armored
Courier services) are passed 'through by the ve ndor directly as a hard charge (cVIII III1II/ Yh7lnYuY III rf'1I
W'Yhl! COY)
Checking and savings accounts designated as "Public funds" are automatically analyzed, so any positive
collected balances from Non-interest Bearing Accounts in this relationship Will generate an earnings
allowance and Will be applied toward the offset of accrued analyzed charges (IIorr I1)/cih/)
Account analysis statements are generated on the fifth business day of the following month and
targeted to be mailed on the fifth business day. Account analysis statements are available via the Treasury
Connect portal and cern be implemented during and/or after initial setup (I1WI� r<<!I, uhl 'Y:;7CI'Y;)
Typically, Frost Will require a monthly settlement of fees by processing a charge to the designated
relationship account on the 1-2th business day of the following rrtirJrnti7. Non -monthly settlement for bank
fees are Subject to ca review and approval by the relationship YJ'ticarncager ('"I'Y/ rr+I' Yli rY Y'll',r 11Jdli oI'i Yhrn!
W(<M[110 HWd/I,, rl Yo hl I Il1ov[! l hoill 1hr "IY/ ojp 0111�1, r (rM.II10 w11 Illoll0h)
Safekeeping fees for the City's investments shall also be described on an account analysis
statement. All charges for securities clearance and safekeeping, including fees passed on from the
Federal Reserve Bank, must be on the account analysis.
The Frost standard process is to assess Safekeeping charges vita ca monthly account analysis. However, if
necessary Safekeeping G7crges can be 7crrcharged Cr an IrvC1GG can be JrCvidGdI iI pin Yr I ILS Ic.�ioi o
rY' 1/",jplllrr Y oil illoi'1'Ylil/ r (rw[I10 rlild/ le )
8. EARNINGS CREDIT
The City intends to pay for all account services provided by the Depository as set forth
in the Fee Schedule. The method expected to be used for the payment of these
services shall be to compensate the depository if earnings on its account balances
are not adequate to offset calculated charges shown by account analysis. The City
shall require computer statement analysis each month which shall clearly show
volume counts, fees charged, and total price for servicing the account. The account
analysis shall also show average ledger balances, average collected funds, average
collected balances, interest rates, and the amount of interest paid or credited to the
account. (Please attach a sample account analysis with your RFP).
The; earnings credit rate; (ECR) wail be a tiered bank managed d rate; which increases as combined
d
K naiyze d deposits increase. The; earnings aiiowance; wail be appiie d against K naiyze d charges
accrued for services de iive;re d to your. All Bank -performed d service; fees wail be assessed through
account %an aiysis for a SOrY pi f ed accounting of expenses. cI'Y; w(i o t� ' rl lilllp rll , Vmwl ImII'ir+ q)p1l!d
ul rl i,c:ldl�rW
Each month's earnings KaiiowKance from Kan aiyzed b aicances is calculated as indicated Ik7i
Average; Positive; Coiie;cted BK fiance; X ECR / Days in Year X Days in the; I` oath.
Re;ase; sere; Teat C for a sarnpie; Account An aiysis Pro -forma. i/iio imI,rmi I,/ YIiw city)
9. WIRE TRANSFERS
The City shall submit all outgoing wire transfers to the Depository according to its
published cutoff times established for current customers. The Depository shall
maintain wirefffafmilities to the Federal Reserve Bank for investment purchases
C() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
or sales and other transactions with financial institutions. Written confirmation of such
transactions will be provided to the City. Notification to the City of incoming wire
transfers or problems with outgoing transfers shall be made within one (1) hour of the
transaction. The City requires that all outgoing wire transfers be released within one
hour of secondary approval. Since the posting of security transactions may not occur
until overnight processing, a facility (such as line of credit) to ensure wire transfers are
released within one hour may be necessary. It is extremely important that debt service
payments are released by 8:00 a.m. of the day due. These transfers are input the prior
day as future dated wires to meet this deadline.
The Director of Finance, Assistant Director of Finance, or Chief Accountant will
authorize all wire transfers on behalf of the City. The City requires that wire transfers
(both repetitive and non -repetitive) and secondary authorizations be made available
via an Internet based system from the Finance Department staff offices. All wires and
transfers require initiation by an authorized user of the portal with secondary approval
by the Director of Finance, Assistant Director of Finance, Chief Accountant, or
Accountant.
the City also requires the ability to verify incoming and outgoing wire transfers via an
Internet based system as well. In the event of computer problems or other unexpected
difficulties, the Depository shall use whatever means necessary to ensure that the
City's outgoing wire transfers are completed on the date specified through City initiated
instructions. The City agrees to advise the Depository of any changes in the name of
the City employees authorized to initiate wire transfers on behalf of the City.
Frost offers wore; transfer ung dadon rapdons that are de;sugne d to provWe; rnax�rnu rn conve no e nce; and
e;f 6e ncy frac your organs zadon's spe;cufuc needs, ranHne; or by to Ie;phone;.
The; e asue;st and most e;ff6e nt way to ung date; and manage wore; transfers us through Frost's ranHne;
cornrne;r6aI bankong and treasury ry ma nage;me nt se rvoce;, Treasury ry Conne;c't, wNch also offers
re;prardng of aII outgong and unco rfing wure;s.
Through Treasury Connect, your sett up wine; prof Ie;s formats frac e me rr ng and su b rruttuo g wine;
unfrarerradon wutlh se;cu rr ty features re;s to match your needs. Your own syste rn ad rflnstrator grants
access to these; prof Ie;s and the abHty to create re pe ddve; profuie;s to your staff members as
appropruate;. Wure;s can be undated unsung these prof Ie;s from any pe rsr nal computer that has secure
Internet access.
Avau able; se;cu rr ty features re;s de eve r the prote;cdon and management capab Hde;s that your re;gWre; frac
wine; transfe rs-
• XIII users must Iraq un to Treasury Connect unsung a Frost-provWe d se;cu rr ty token.
• Your sett e;ndde me nts frac each user that allow dffe rent Ie;ve Is of access.
• Your have; sugn fucant fle;x�b Hty wuth H alts. Your may sett H alts on the wine; profule; and on the user.
• XIII wine; transfers also re;gWre; a second use; of the; se;cu rr ty token at the; Metre; of ap provaL
• XIII outgong wure;s re;gWre; two pe ople; un your organs zadon, one; to unput the wine; unforrnadon
and another to approve ot. As an opt on, your may set rnuffiple; Ie;ve Is of ap provaI by wore; valine;
frac your prof Ie;s.
C() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
� You use separate pnzf|em for domestic wires, wires in U.S. doUens sent outside the United
States, wIres In other currencIes and tax payment wIres.
0 You may aHow wIres that are future. -dated by as many as 14 days.
WIres must be Inputted and approved before the wIre cutoff Urne to be transmItted the sarne
• Qn|ine wire outofftimem are 4-45 pm. CT
• Texwirem 1pm. CT
• ForeiQnwirem - 3,00 p.m. CT
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10. DEPOSIT SLIPS
The City uses three-part encoded deposit slips. The City requires the Depository to
validate and return On@daily basis, b]the Finance Department, @ copy Ofeach deposit
Slip. Telephone notification is required for discrepancies in deposits and the City will
designate @ contact person.
Advices wi|| be mei|ed and wi|| have e|| the deposit detei|ed information mtetingthe nature of the
credit/debit. Upon customer's instructions e copy ofthe advice can be mentvie secure emeiL The
Image of the advIce wHl be avaHaWe the next busIness day vIa Treasury Connect. mo
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11. RETURNED ITEMS
All checks deposited h»the City that dOnot clear the first time, should besubmitted @
second time before returning them b]the City. Returned checks that dOnot clear On
the second attempt shall be returned to the City within two business days. The City
shall receive same day telephone notification Ofall return items in excess Of$5'000.
Frost can re-o|eer checks when theyere returned the first time. Checks returned e second timeere
forwarded to you oryour oo||eotingagent. Frost's in-houseoo||eotionm department can e|mo present
unpaid checks to e drawee bank for oo||eotion over e verieb|etime period (i.e. might, 14-dey, 30
day, etc.).
Foreign checks are e|moo|eeredthrough thimoo||eotionm process.
For meme day notification you wi|| be notified by emei| or phone. Return item Images are evei|eb|e
In Cash K8eneger on e next day bemim.
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12. STOP PAYMENTS
The City will require the Depository to issue stop payments upon telephone or via
Internet based system notification (at the City's option) from authorized City personnel.
The City will provide all required confirmation documentation. The Depository will
provide the City with written or computerized confirmation of each stop payment. stop
payment requests, renewe|m, extenmionmend oenoe||etionm may bemade eithermenue||yby
contacting Frost's te|ephone customer service group or e|eotronioe||ythrough Treasury Connect,
Frost's on|ine oommeroie| benkingend treasury menegementmervioe. Stop payment orders are
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
effeotivefor six months when they are initiated menueUy. Byoomperimon,stop payment orders
�n�dated through Treasury Connect are vaHd for 12 months.
No matter which initiation option you ohoome—menueUy or through Treasury Connect e stop
The deadHne for sarne day acceptance of manual stop payment requests is 4 p.m. on banking days,
and stop payment requests initiated on|inethrough Treasury Connect may be entered until G pm.
onbanking days.
E|eotronio confirmation of stop payment is provided through Treasury Connect the next
business day.
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13. GENERAL ACH SERVICES
The City requires @robust ACH system with the capability to create ACH credits for
direct deposit Ofpayroll and vendor payments, and b]direct debit customer accounts
for Utility Billing charges and Cemetery charges.
Frost's ACHservices de|iveredependeb|eoo||eotionand payment mymtemwithspeed, cost savings
and effioienoy. Like e|| of our on|ine services, the system offers customized permissions and
authorities by user, ino|udingdue| or mu|tip|e approval options. Robust reportingino|udem dei|y
ACH eotivity reports detei|ing notices of change (NQC), ACH returns, and prior day tote|m for
or�&ated Nes.
You may choose fromthree tnsnmmimmion methods -
Create ACH refund entries using Treasury Connect, our on|ine oommeroie| banking and treasury
management service, for initiation.
|mportACH Nem into Treasury Connect for initiation.
TrenmmitACH ffiemto our secure Ne transfer protocol site (FTP) for initiation.
We accept e number ofACH transection types, ino|udingthe ebi|ityto oriQjnete consumer and
corporate debits and credits. Among other FromtACH men/ioemwhioh oou|d be ofbenefit to you ere-
• cash concentradon debits, quick transfer of funds frorn other finan6al insdtudons to your Frost
account',
• disbursernents, quick transfer of funds frorn your Frost account to another finan6al insdtudon,-
and
0 tax payments, e�ectron�c d�sbursernents to federal and state agenc�es for taxes owed.
Frost recommends that ACH direct deposit of peyroU tnsnmmimmionm be received by um no |eterthen
Gpm. Central Urne, two banking days before the effecdve date of the payroH. For exarnp|e, if Friday
were the pay date, the direct depomitffle mhou|d be received at Frost no |eterthen G pm. the
previous Wednesday to meet the deed|ine. P|eeme note that the ACH network does not use
Saturday, Sunday, orany ho|ideyinthe oe|ou|etionofprocessing dates.
The two. -day recornmendadon ensures arnp|e Urne to process a Ne through the ACH network so the
payroH arnount is merno.. posted to the ernp|oyee's account at the receMng finan6al insdtudon and
evei|eb|efor withdrewe| etthe opening ofbusiness onthe pay date. FromtwiU mtiU eooeptACH credit
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
ffiem one banking day before the peyroU effective date. The one. -day process does not eUow
muffioienttime for us to ensure an Q em. memo�omtingon the effective date, but funds wiU post
to the emp|oyee`m account at the reoeivingfinenoie| institution before o|ome of business that day.
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14. FUNDS AVAILABILITY SCHEDULE
Attach the bank's availability schedule and an explanation Of hOVV funds will be
credited to the City's @CCOUnL Please explain any method the City could Utilize to
improve our availability Offunds.
Frost accepts inoomingwirem from the Fed until 5-00 p.m. Central time each banking day, and
thomewired funds are immediete|yevei|eb|e in your account. In other words, you reoeivememe-
deyoreditforthem. We do not provide end. -of. -day Urne extensions for processing beyond our 5-00
p.m.dei|ycutoff.
AU in -branch trenmeotionm occurring during business hours, K8ondey Friday, receive meme�ey
posting.
Frost Lobbies 9-00 em. to 5,00 pm. Central time, K8ondeythrough Friday
K8otor Bank 8-00 em. to 6-00 pm. Central time, K8ondeythrough Friday
9-00em.to 1-00 p.m. Central time,Saturday
Saturday tnsnmeotionm are considered to be ino|uded in the business eotivity of the foUowing
K8ondey(or Tuesday ifK8ondeyime federal ho|idey).
NI deposits you make using Frost's rernote deposit soIudon receive sarne.-day credit as Iong as they
are made by 9-00 pm. Central time, K8ondeythrough Friday.
DiQjte| Deposits eU day until 9-00 pm. Central time, K8ondeythrough Friday
Frost does not uti|ize an evei|ebi|itymohedu|e. Checks deposited at Fromtwhioh are drawn on
another Frost account (on -um items) receive meme�eyevei|ebi|ityand are considered ooUeoted
funds onthe date ofdeposit. AUotheroheokm—thetim,oheokmdrewnone000untmetotherfinenoie|
Toassign float on efreotione| basis, Frost uses himtorioe| data homcheck o|eeringsemmooieted
with non -on um eotivityfrom hundreds of government o|ientm with whom we have e re|etionmhip. For
eU non -on -um check deposits you make with Frost, we assign e one-deyfloat to at |eemtQ5 percent
of the total do||er amount of those deposits and e two. -day float to the remeiningemount.
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15. POSITIVE PAY
The bank shall provide positive pay reconcilement Se[ViCeS' where the bank
electronically COnOp@[eS each check presented for payment against the d@b3b@Se
provided bVthe City. The bank shall notify the City Ofall exceptions bV10-00/\.M.
Positive pay is evei|eb|eto you on|inethrough Treasury Connect, Fromt`moommeroie| banking and
treasury management service. Issued and voided checks can bemubmitted as e fi|e importor by
on|inemanual entry.
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
Exception information is reported etQem. each business day.
The deed|ineto respond to exception items is pm. Centns|time.
If no deoimion is made, the defeu|t is to eutometioeUy return items presented.
AU checks are verffied against positive pay records before processing, ino|udingthome received by
teUerm.
Positive pay records are evei|eb|e toteUensthroughout the day, but the database is updated
16. OPTIONAL SERVICES REQUESTED
This is an option to the depository p[OpOS@l request. Any bank that is unwilling or
unable to provide this service will not be excluded from the depOSib][V evaluations.
Banks responding to the "optional Sen/iCeS requested" section should provide @fee
schedule for the indicated Sen/iCeS' and any additional information to assist the City
in evaluating the service.
16.1. Lockbox Services-,
WHOLESALE LOCKBOX
Frost offers customers e fu||y automated, image -based |ookboxmen/ioe prooemmingmymtem.
We provide both who|eme|e and retail |ookbox processing services and traditional paper
processing, emweU as image Internet de|iveryofremittenoe information on e meme-day
basis.
We process |ookbox items in one of three centers |ooeted throughout the state San
Antonio, DeUem/Fort Worth, or Houston. Each provides e secure environment and an
experienced, mteb|e and bonded processing staff. A|| three processing centers operate on
the memeteohno|oQy p|etform with exceptional oontingenoyend backup systems, ensuring
that processing is never compromised by equipment fei|ure or e natural or manmade
disaster. Frost has offered both who|eme|e and retail |ookbox services for more than 45
years.
Thewho|eme|e|ookboxprooemmbeQjnmetthepomtoffioewithmohedu|edpiokupmmedebye
bonded contract courier. K8ei| is de|ivered to Fnzmt`m processing feoi|itywhere emp|oyeem
Ue& e two-step mordng process, duringwhioh inoomingwho|eme|e and retail |ookbox mei|
is separated. Emp|oyeem then organize mei| into bins and box mhe|ving by individual
EquipmentmpeoieUydesigned forwho|eme|e |ookbox processing cuts m|itm on individual mei|
enve|opem. Emp|oyeem extract checks and accompanying documents, and menueUy
examine meterie|mto ensure correct box number and payee and e signature on eU checks,
and to oomp|ywith any other instructions agreed upon by Frost and the customer. Checks,
rernittance advices, other encIosures, and if requested, enveIopes are prepared and moved
tohigh-mpeedscanner equipmentfor imegecapture.
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
Once documents are batched and scanned, aII data entry is compIeted from check irnages.
Remittence advices and other non-oheokdocuments are stored in customer bins unti|the
appropriate time for package preparation. In two separate data entry keying passes,
|ndividue| check amounts are captured and compared. (Batch keying is oomp|eted by two
separate emp|oyeemto ensure accuracy). If keyed amounts diferfor e check, the system
assigns it to e third keying pemm to reoonoi|e the discrepancy. VVith keying muooemmfuUy
oomp|eted, Frost prints check photocopies and e journe| |imting report. A second review
verifies that check amounts are keyed eoourete|y, the payee is correct, and e|| checks
ino|ude e signature.
Check copies are matched with remittence advices, other eno|omurem, and if requested,
enve|opem. Then,to meet our customers' operetione| needs, Fromtemp|oyeem prepare
rem|ttenoe package that ino|udemthe |ookbox report, check photocopies, ori&e| invoices,
any meterie|m that are unre|eted to e check payment (for exemp|e, genere|
correspondence), and if requested, enveIopes. T'Ns package is maHed or deHvered by other
means to customers, according to their instructions. For organizations that use Treasury
Connect, Frost's on|ineoommeroie| banking and treasury management service, imegemof
checks, payment advices and other meterie|m as weU as the dei|y |ookbox report are
avaHaWe for onHne vieMng each day by earIy afternoon. If the customer requests an earHer
deed|ine, theme images and the |ookbox report can be reedy for viewingto meet that
deed|ine.
To oomp|etethe process, an image oemh |etter imtrenmmitted to Frost's item processing
area for evei|ebi|ity assignment and ooUeotion, and processed funds are credited to
customers' accounts. XI paper checks are taken to the Frost check vauIt for storage at the
end ofeach processing day.
RETAIL LOCKBOX
Theretei||ookboxprocess, whiohimmemi-eutometed,eotueUybe&metthe post office with
mohedu|ed pickups made by e bonded contract courier. K8ei| is de|ivered to Frost's
prooemmingfeoi|ity where Frost emp|oyeem be& e two. -step moring process that separates
incorrflng whoIesaIe and retaH Iockbox maH and then organizes it into bins and box sheMng
by individue| customers.
EmpIoyees prepare and pIace retaH maH on either the OPEX 5.0 or OPEX 51 maH extractors
to open and remove the contents ofenve|opem. In most cases, retei| |ookbox mei| consists
of paper check and moenneb|e payment coupon or coupons. The QPEX5.0 extractor is
used primeri|yfor high*o|ume, window+enve|ope oumtomertrenmeotionm. By comparison,
the QPEX 51 extractor is used for mmeUer vo|ume and window|emm enve|ope customer
transactions. It is e|mo used for mei| rejected by the QPEX 5.0 that ino|udem nonstandard
itemm,muoh as correspondence, edditione| invoices, and other mimoeUeneoummeterie|m.
After exnsotion, checks and payment coupons are moved onto high-speed |BK8Lmoennens
where images of checks and coupons are eutometioeUy captured. Thim equipment e|mo
reads and ve|idetemthe K8|CR (magnetic ink character recognition) |ine of each check and
the OCR (optioe| character recognition) information on payment coupons.
Once documents are imaged and K8|CRend OCR information is captured, payment batches
are mymtemetioeUy evei|eb|e for data entry and be|enoinQ' Checks remain on the capture
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
transport unti| they are ready for storage, whi|e operators retrieve batches of captured
|ookbox work at their PC workstations. In three separate data entry keying pemmem to
meximizeeooureoy, they key check amounts and oomp|ete any necessary K8|CRand OCR
repeirfor mimminginformetion. Trenmeotionmend batches are be|enoed, and checks are
then run through e second pemm of the |BK8L scanners for automatic check amount
encoding'
After data entry Is compIete and batches are reconcHed, Iockbox empIoyees generate Image
oemh |ettens to be sent to Frost's item processing area for evei|ebi|ity assignment and
ooUeotion,and oreditingtocustomers' accounts.
CompIetIng the process, empIoyees prepare customer remIttance packages for deIIvery and
transmit on|ine data. For organizations that use Treasury Connect, Fnzmt`m on|ine
oommeroie| banking and treasury management service, Images of checks, payment
coupons and other meterie|m, and the dei|y |ookbox report are evei|eb|e for on|ine
viewingeach day byeer|yafternoon, orifrequested, eneer|ierdeed|ine.
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16.2. Credit/debit C@[d pnDCeSSinQ and TeleCheCk (Merchant Credit Card
Acceptance);
We support your acceptance oforedit, debit and mtored*e|ue card payment options by
offeringe fuU m|ete ofmerohentmen/ioem—oerd authorization, prooemmingend metU|ement—
through First Data, e g|obe| teohno|ogy |eeder in information commerce.
The partnership between Frost and First Data metimfIem your needs for mu|tip|e card
payment options with end-to-end mo|utionm for card acceptance requirements, whether
payment Is made at your p|eoe of business, by phone or through the Internet.
First Data supports any current form of e|eotronio payment deminsb|e, ino|uding Vise,
K8emterCerd, Discover, American Express, and P|N-|emmend P|N-based debitoerdm.
Through our pertnenshipwith First Data, your oqgenizetion`moreditand debitoerd payments
can be in your Frost account as moon as the next business day as |ongemyou batch your
transections by 10-00 pm. CST The funds mhou|d be evei|eb|e in your Frost account the
foUowingdey.
We offer e fuU range of poin�o�me|e (POS) termine|m and periphens|m, wire|emm/mobi|e
termine| mo|utionm, Integrated payment systems, POS software, as weU as eCommeroe
geteweymo|utionm. With indumtry+|eedingmeourityteohno|oQy, we have e POS mo|ution that
wiU provideyour customers withthe oonvenienoethey demand.
Our core credit card processing offers e true ming|e mo|ution and does not require third-
pertymervioem once data Is received from merchants. However, we work with third -party
payment processing mo|ution providers to provide e diverse breadth of mo|utionm for our
o|ientm. SpecfficaHy, we support any thIrd-party soIutIon that Is certIfIed for usage on First
Dete`m p|etformm.
With more than 250 Internet gateways, third -party epp|ioetion men/ioe providers and
payment vendors eoromm e variety of communication interfeoem, we are eb|e to process
payments for e|momt enytermineL POS or eCommeroe mo|ution. Theme third-partymervioe
providers are Payment Card Industry (PQ) oomp|ient and connect to First Data vie e First
Data. -managed Authnet K8u|tiprot000| Lebe| Switohing(K8PLS) network.
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
In addition to e First Data.mupp|ied network configuration, we e|mosupport e |eqge number
of tnsditione| Internet gateways, ino|uding VeriSign and Cybensouroe, PeyF|ow Pro and
Authorize.net. Enterprimeintegretion partners, ino|udingK8iorom(Merchant Link),Shift4and
E|evon provide oentre|ized payment prooemmingend reoonoi|ietion interfeoem, and are e|mo
supported. We have Interfaces Into our network from secure, networkmen/ioe providers |ike
|P K8erohentSo|utionm, New Edge Networks and First Dete`m Secure Transport (former|y
Detewire) to provide e fuU range ofmen/ioem and communication interfeoem. AfuU |imt of
certified gateways and third -party payment prooemmingmo|utionm Is evei|eb|e upon request.
16.3. Payment Kiosks SVStem-,
Frost partners with K8emterCerd RPPSto offer remote payment and prementmentmen/ioe
that eneb|emyou to process biU payments emACHtrenmeotionm Instead ofreoeivingpaper
checks by meii The service provides e ming|e point of connectivity to virtueUy every
consumer in the United States who Is paying biUm on|ine through e finenoie| institution's
website. We be|ievethimmervioe meyweU meet your requirementmmteted above.
However, because e|eotronio |ookbox means differentthingsto differentoqgenizetionm, we
we|oome the opportunity to exp|ore whether or not the service describe above fits
your needs and whet features and funotione|ity you are |ooking for in the future.
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16.4. Any Enhanced Positive Pay SOlUtiOnS-,
Posiftihme IPaywxth Pa.yae IRewew fo||owm the process described for Positive Pay, but e|mo
ino|udem e review of the Payee's name for each check against that contained in the
customer -generated Issued Ne. Positive matches are eutometioe||y paid, and any non..
matched items are rejected foroumtomer inmtruotionm(ie. pay orreturn). If no instructions
are received by the Bank, then the defeu|t decision wou|d be epp|ied.
TransactIon records are aIso avaHabIe through Treasury Connect, Frost's onIIne cornmercIaI
benkingend treasury management men/ioe. UmingTreemury Connect may e|iminete your
need to purchase information through the treditione| reoonoi|ietion men/ioe. An edditione|
benefIt- Data obtaIned frorn Treasury Connect can be exported to software appIIcatIons that
accommodate momtoqgenizetionm` reportingend foreoemtingrequirementm.
Deed|inetimemare contained in Tab A. For Its e000untreoonoi|ietion service, Frost uses
standard fi|eformats for inoomingIssue fflememweU emoutgoingpeid item Nem.
Reoonoi|ietion data Is e|mo evei|eb|ethrough Treasury Connect, Frost's on|ine oommeroie|
benkingend treasury management service. UmingTreemury Connect e|iminetem your need
to purchase information through the tnsditione| reoonoi|ietion service. An edditione|
benefIt- Data obtained hom Treasury Connect can be exported to software epp|ioetionm
that accommodate most organizations` reporting and forecasting requirements.
TIII! Cuyuu,mIIII/uaoamnaowmuo nwu m 64onu*i�dhoa�omillmuo ounz1r1p, owmuo
16.5. ATM Equipment at various locations-,
Frost ourrent|yoperates more than 1,200ATK8`mmtetewide - ino|udingeeoh ofour finenoie|
centers, Ve|eroCorner Stores and HEBGrocery Stores. Frost ime|weymopen todimoumming
p|eoement of edditione| ATK8`m, and coordinates the inmte||etion and support for theme
meohinemthrough the Bank's contracted vendor. The preferred |ooetionmoonmidered for
ATK8 p|eoement are eemi|y eooemmib|e to the pub|io, we||dit and with high traffic.
CIO/ nnkou1ssoanpunnodaowmouowmonnolnoououh/moCIO/ d umo
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
16.6. Accept Electronic Deposits-,
You need e convenient, |ow -cost and flexib|e way to make payments and receive funds.
Frost de|ivens with e suite of swift, re|ieb|e and cost-effective automated o|eering house
(ACH) services that enabIe you to move money eIectronicaIIy. Whether the transacdons are
consumer or corporate, debits or credits, Frost's ACH services offer you the preotioe|
advantages ofconvenience, certainty and cost savings. ���ouxnn*�ou8oum�aaowmo
16.7. Purchasing Card P[OQ[@Dl-,
Frost underwrites and issues our oommeroie| card program on the VISA payment network.
Your organizadon can udIize our onIine pIatform to issue cards, cIose cards, manage Iirrflts,
update oerdho|der information and much more. |ndividue| card ho|derm e|mo have the
ebi|ityto uti|ize our on|ine p|etform to viewtrenmeotionm and statements.
Frost's card mo|ution is e pay in fuU product requiring eutometio debit hom e checking
account. BiUing frequency can be set to week|ywith e 3 --day grace period, bi+week|ywith e
5 --day grace period or month|ywith e 25 --day grace period.
Rebates are offered on e month|ybemim peid 3 months in ereens. Be|oware the rebates on
purchasing for standard VISA tnsnmeotionm. Other transection may have |ower rebates
epp|ied. Tiioci�/ iaunuo,uniiimwl*uxonnmo,vonun,m,ik� puoioamp, Comlplqmm
° VVeek|y- 1.25Y&
° BiWeek|y- 1%
° K8onth|y-075Y&
16.8. ACH Blocking/Filtering Capabilities-,
FILTERS AND BLOCKS AVAILABILITY
Today, organizations |ike yours who perioipete in ACH eotivitiem are vu|nereb|e to the
growing risks of e|eotronio fraud and miQnffioent finenoie| |ommem that remu|t when
unauthorized payments post to their accounts. ACH b|ookm and fi|term offer defenses
against freudu|entand e|teredtrenmeotionm.
Umingthemetoo|m,you may b|ookeU inoomingACHdebits, credits, or both debits and credits
from pomtingto your account. Or you may mpeoifythet eU inoomingACH tnsnmeotionm be
b|ooked except for those generated with company IDs that you designate. And you may
eas�Iy add and deIete author�zadons through vo�ce requests to Frost.
FRAUD FILTER OPTIONS
Fromte|mo offensACH fi|terwith review, e secure and powerfu| on|inetoo| that Qjvemyou the
fraud protection and information management oepebi|itiem of positive peymymtem to he|p
you monitor and oontro| your ACH activity. ACH fi|ter with review b|ookm eU ACH items
throughout e business day if they exceed the doUer amount thremho|d you have met.
CUSTOMIZED AUTHORIZATIONS
The next business day, you receive e report of b|ooked tnsnmeotionm through Treasury
Connect, Frost's on|ine oommeroie| banking and treasury management service. VVhi|e
reviewing each transection in the report, you may either approve it (thetrenmeotion posts
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
to your account), or you may reject it (the tnsnmeotion is returned to the oriQjnetor as
unauthorized). IoM
16.9. Pay Cards/Debit Cards as payroll option-,
Frost understands that menyoqgenizetionm Re yours have unique peyro|| issues that can
make creating and distributing peyroU checks diffiou|t, oomt|y, and unsafe. For
orgenizetionmwith emp|oyeemwho are geogrephioeUydispersed oremp|oyeemwho do not
treditioneUy have checking accounts, e periodic peyro|| check may be an unmuiteb|e
peymentoption. That is why Frost offers the K8oney Network Peyoerd, e debit card that is
issued to emp|oyeem by their emp|oyer instead of the treditione| peyroU check.
An emp|oyerwho ohoomemthim payment e|ternetive receives e mupp|y ofwe|oome packets
that contain the K8oney Network Peyoerd and issues the card direot|ytothe emp|oyee.
K8oney Network's peyro|| distribution mo|ution e|mogivem emp|oyeemaccess totheir peywith
e K8oney Network Check, e paper check for ^peyto-the-penny" (100Y&) access to net pay.
BenefitmoftheK8oneyNetworkCheokino|udefreeoheokoemhingetperioipeting|ooetionm,
eooemm to funds if the peyoerd is |omt or mto|en, and e biU peymenttooi
CO/ouu`n*lou8oamnoaonnpunnodaowmoxn*ovo1 ulanolnoououod umohulmoyhooxpm,ouhdo,
16.10. Remote Electronic check acceptance.
Frost Remote Deposit Capture is service hosted byour vendor Netione| Cash Register
(NCR). As e service user you can eooemm thim service vie Treasury Connect, our on|ine
oommeroie| banking and treasury management service, to make deposits from the
convenience and security ofyour own workp|eoe.
An extended deed|ine of p.m. Centre| time eneb|emyou toscan checks and transmit
deposits to Fromtwe|| pemttreditione| banking hours. When you oomp|ete e deposit, you
receive e system message "received at Frost," confirming that the deposit has been
received by Frost.
If your organizadon typicaIjy deposits Iarger numbers of checks rnonthjy and those deposits
totaI Ngher doIIar arnounts, one of two service opdons deHvered through Treasury Connect
may be more appropriate. These two optionme|mo eneb|eyou togrant permissions and
authorities to others in your organization, providing ve|ueb|e oontro| for your deposit
function. As part ofproduct dep|oyment, Frost sends you e desktop scanner appropriate
for your organization's needs, e|though you may use one of your own organization's
scanners if it is oerdfied by Frost for the service. Once you have e scanner in p|eoe, you
down|oed e driver to operate the scanner and foUow umerfriend|y inmtruotionmto process
and oomp|eteyour deposits.
By accessing Frost Remote Deposits through Treasury Connect, you aIso benefit frorn other
features that ino|ude on|ine check image retention for 65 oe|ender days emweU emvirtue|
check endorsement, dupHcate check detecdon, intraday and end -of -day reports, autornated
data oepturewith optione| detefi|em, and oumtomeredminimtretion and umerentit|ementm.
You may aIso take advantage of data export funcdons to fa6Htate your organizadon's own
If your organization eooemmem service through Treasury Connect, our on|ine oommeroie|
banking and treasury management service, youwiU receive e desktop scanner appropriate
for your organizadon's more cornpIex needs as part of our product depIoyrrient. Or you may
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
choose; to use; one of your own organs zatlon's scanners of ut us ce rdfue d by Frost frac rnakung
re mote; d gg tai de posuts.
Re ase; refer to Tab A frac addutur nay Product Infrarerradon frac the se rvuce;s above;.
O/ wkiimlmIp,w� Ilii� r vii op1io d wi iii rHo Vw /[!1 it i lio7 rr 1 l 0 Ilii 1: illf hul ii v/ h !xp1o1[!d 10r!i.
17. OTHER CONSIDERATIONS
17.1. Regulation Notices
The successful Depository shall notify the City in writing within ten (10) days of
any changes in Federal or State regulations or laws that would thereafter affect
the Depository Agreement. The Depository shall also notify the City of any
service that becomes available to the City throughout the contract period.
AcknoMe dge d.
17.2. Right to Cancel Contract
In the event it would be ruled illegal under the provisions of any Federal Statute
or Regulation for the Depository to pay interest in the manner outlined in the RFP,
the City expressly reserves the right and privilege to cancel the contract and re -
advertise the RFP for Depository services.
AcknoMe dge d.
17.3. Right to Audit Records
The Depository's records relating to the City of Coppell's accounts shall be open
to review by either City staff members or City appointed independent auditors
during normal business hours.
AcknoMe dge d.
17.4. Contract Term
The term of the contract shall be the period beginning November 30, 2020 and
ending November 30, 2025, or thereafter until a successor Depository has been
selected. This contract shall be automatically extended up to ninety (90) days if
the City is actively proceeding with re -proposal procedures but, for whatever
reasons, cannot finalize the selection process by the end of the contract period.
All fees shall be fixed for the term; however, any FDIC premium increases may be
passed through to the City upon thirty (30) day notice.
Depository agrees to honor and continue any investments made during the term
of this contract that will mature after the expiration date at the same rate of interest.
This contract is governed by the laws of the State of Texas. Venue for any action
related to this contract shall be exclusively in Dallas County, Texas.
AcknoMe dge d.
C() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
17.5. Contingent Merger
Notwithstanding any other provision of this agreement which may be to the
contrary, this agreement and the respective rights and obligations of the parties
hereunder shall remain in full force and effect and not otherwise affected by a
merger of the Depository.
AcknoMe dge d.
17.6. Continued Information Requirement
During the term of this contract, the Depository shall provide to the City annual
financial reports to the shareholders and any public information concerning
changes in the ownership, management, or financial position of the Depository or
its parent.
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17.7. Non -Performance
The City may void the Depository's contract if in the City's sole discretion, the
Depository is not satisfactorily meeting its service requirements as specified
herein. The City will provide written notice of areas of non-performance and allow
the Depository up to 60 days to remedy the problems. If after this sixty (60) day
period the Depository has not rectified all problems in a manner satisfactory to the
City, the City may, at its option, terminate the contract by providing the Depository
of written notice of its intention to terminate.
AcknoMe dge d.
GENERAL SERVICE DESCRIPTION
18.Operating/Demand Account
18.1. Demand Deposit Account
This account will receive all daily deposits, ACH transactions, wires, investment
activities and disbursement transactions. The Bank will initiate all transfers to the
zero balance accounts daily. Please indicate the method for determining the rate
of interest per annum which the Depository Bank will use is calculating interest to
be paid on this account. This rate shall be applied to the collected balance of the
accounts at the end of each business day. The City is requiring an overnight
investment sweep account for our operating account.
C() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
Frost recommends sweepIng dIrecdy Into an Investment vehIcIe authorIzed for pubIIc funds.
Rease refer to Tab E for a rate hIstory and prospectus.
UmingZBA services wiU reduce the cost ofmweepingfrom mu|tip|e and separate individue|
accounts, because the fee for ZBA subsidiary accounts Is mignifioent|y |emm than separate
sweep services. However, if accounting for earnings on funds emmooieted with mu|tip|e
accounts Is the greater priority, separate sweep men/ioem can and mhou|d be emteb|imhed.
Rease refer to Tab D for the fee scheduIe.
Frost uses the Invesco Treasury Fund Pensone| Qemm emthe target Investment. This fund Is
|imted on B|oomberg under ASTGARE and the CUS|P Is
< <RemouroeQ25252QGQPersona |Q25252Q44> >.
P|eeme refer to Tab E for detei|m.
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voildoa ulao '8nvommon0mnnoymomIWild ' oauonnou m nuIo[nuo,mo 1e40�,Oonuaooxa�n
momkom o akomo n,unnMon0 wNxn, *1oo poi n omnmzou unM momnu n,vomounn
18.2. Deposit Availability
The City desires b]receive same day credit for all funds deposited and expects to
receive the best availability Ondeposits @Swell @Sany future improvements b]the
availability schedule. (Please enclose an availability schedule with the RFP).
Please give the name and address of the deposit location that will receive the
City's deposits:
Frost accepts inoomingwirem from the Fed unti| 5-00 pm. Centre| time each benkingdey, and
those wired funds are immediete|y evei|eb|e in your account. In other words, you receive
meme-deyoreditfor them.VVedonot provideend-of-deytimeextenmionmfor prooemmingbeyond
our 5-00 p.m. daIjy cutoff.
AU In -branch trenmeotionm000urringduringbuminemm hours, K8ondey Friday, reoeivememe-dey
posting.
Frost Lobbies 9-00 em. to 5-00 pm. Centns| time, K8ondeythrough Friday
K8otor Bank 8-00 em. to 6-00 pm. Centns| time, K8ondeythrough Friday
9-00em.to 1-00 p.m. Centns|time,Saturday
Seturdeytrenmeotionm are considered to be ino|uded in the business activity of the foUowing
K8ondey(or Tuesday ifK8ondeyime federe| ho|idey).
AU depomitmyou make using Frost's remote depomitmo|ution reoeivememe-deyoreditem |ong
as they are made by 9-00 pm. Centns| time, K8ondeythrough Friday.
DiQjte| Deposits eU day unti| 9-00 pm. Centns| time, K8ondeythrough Friday
Frost does not uti|izeenevei|ebi|itymohedu|e. Checks depomitedetFrost whiohare drawn on
another Frost account (on-umitemm)reoeivememe-deyevei|ebi|ityand are oonmideredooUeoted
funds on the date ofdepomit. AU otheroheokm—thet im, checks drawn on accounts etother
finenoie| institutions (non -on -um items) are subject to freotione| float assignment.
ToemmiQnfloat onefreotione|bemim,Frost uses himtorioe|data homcheck o|eeringsemmooieted
with non -on umeotivityfrom hundreds ofgovernment o|ientmwithwhomwehave e re|etionmhip.
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
For eU non -on -um check deposits you make with Frost, we emmiQn e one-deyfloat to at |eemt 85
percent of the tote| doUer amount of those deposits and e two. -day float to the remaining
amount. noupn,mo�,) uomiuo nouuoJpmmoWmoCO/
The nearest |ooetionfor the oityim-
CoppeUFinenoie|Center
102N. Denton Tap Road
CoppeU,TX750lQ
19. Zero Balance Account
19.1. Payroll Account
This account will receive deposits transferred from the Operating Account for
payment Ofthe City's payroll.
Frost provideme oomprehenmivezero be|enoe account (ZBA)mymtem for both concentration
and disbursement purposes. Themymtem permitme maximum of nine |eve|m, with as many as
QQ mub|eve| accounts per |eveL Aterget be|enoeoen be maintained in |ieu of zero be|enoe
for e mub|eve| account if an organization desires to do mo. Transfer data is eemi|yeooemmed
through Treasury Connect, Frost's Internet. -based oommeroie| banking service.
IMany sweep cHents a|so use Frost's Zero Ba|ance Account (ZBA) service to concentrate funds
to ease the burden ofmonitoringmu|tip|e accounts, and in the process, ensure that they
minimizeid|efundmendedminimtretiveexpenmem.Thee000unteutometioeUyoonoentnstem(or
gathers) funds into e primeryfunding ordimbunsementaccount hom separate accounts you
maintain for your organization's individue| |ooetionm or units, freeing you hom making menue|
transfers between e number ofaccounts. A|though you mtiU maintain separate deposit and
payment records.
ZBAtnsnmfens funds between your primary concentration account and secondary accounts
based on target be|enoemyou emteb|imh for each secondary account. The remu|t- youmimp|ify
your oemh and |iquidity management, improve oontro| and audit tnsi| for oemh gathering
processes and ensure that funds are evei|eb|eto peydimbunsementm, reduce debtor invest.
1111!C10y11!quimumo po/Innoomuiil W hr! ozomaohnuo^�u uWmod nmnuouh/moCO/��opomun800mu�
20. Other Accounts
20. 1. Self -Funded Health Plan
This account will receive deposits transferred from the Operating Account for
payment of the City's health insurance claims.
20.2. ACH Account
This account will pnDCeSS all incoming and OUtOOinQ transfers- including credit
card debit and credits to the @CCOUnt' Safe Light credits to the @CCOUnt' E91 1
payment from the State, ACHand wire transactions.
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
21. Interest Rate on Loans to the City
Please state the DlethOd/ndeKb] be Utilized for calculating the interest rate the City
would be charged for securing @ short-term loan from the Depository for operating
and/or non-operating expenditures
Frost would welcome the opportunity to review any short term loan requests from the Qty of
Coppe||. Requests are reviewed and evaluated on e oeme by oeme bemim. Fine| decisions and
approvals would be based upon following the due diligence policies of the bank. Terms and
conditions are subject tothe bank's standard credit policies and procedures.
We would also be interested in reviewing long-term loan requests frorn the City of CoppeH including
leases.
Our current Repurchase Rete are emfollows-
Sweep Amount <$100^000 0.01%
$100,000to$999^999.99 0.05Y&
$1^000^000+ 0.05Y&
Terms and oonditionm, including the interest rate, are subject to the bank's standard credit policies
and procedures.
CO/ ouxnn"AoupoamWa la ovonomo
22. Bank Services to be Provided
The bank agrees to provide the following materials and services without charge unless
otherwise stated inthis proposal:
Frost would welcome the opportunity to review any short term loan requests from the Qty of
CoppeU. Requests are reviewed and evaluated on e oeme by oeme bemim. Fine| decisions and
approvals would be based upon following the due diligence policies of the bank. Terms and
conditions are subject tothe bank's standard credit policies and procedures.
We would also be interested in reviewing long. -term loan requests fromthe City ofCoppeU including
leases. �,(�xnn*iou8ou i)/ ci�/
22.1. Provide bank money orders, traveler's checks, cashier checks, and VISA gift
C@[dS as required by the City.
Available at the Bank's charge etthe time of request. Nuxnn*lou8ou h/ CO/
22.2. Provide a night depository, locking depository bags and plastic tamper resistant
bags.
Frost is offering to provide p|emtio, single -use, temper -evident deposit begs through the
Bank's provider etnocharge for the term ofthe contract. cuymiili,mamopiu�i|um8io*ao
�ompomvmoiiluopnauko8u*mhr! ouuop�omo onu*ill nol,oqui,omo muu118�o8u
Frost does not use locking deposit begs, but can explore getting these for the City to use
interneUy. The charge for locking begs would be determined by the vendor providingthem
etthe time of request and purchase.
22.3. Provide coin wrappers and accept bulk coins for deposit.
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
Supp|iem are made evei|eb|e of the vendor's price at the time of request and purchase.
CO/ouxnn*lou8oa ,oapnnao h/ pmM
22.4. Provide fireproof safekeeping and StO[@Qe Of Dl@QnStiC media for Data
Processing.
Frost offers the City one (l) medium sized safe deposit box without charge - this offer is
subject to the evei|ebi|ity of safe deposit boxes. If evei|eb|e, edditione| boxes are
evei|eb|eetthe Bank's standard price. cuyouxnn*iou8oa ,oapnnao hypmM
22.5. Supply deposit slips according tOquality, QU@ntihv' design, and specifications
established by the City.
Deposit S|ipm are offered through the Bank's vendor, Her|end+C|erke, at the vendor's price
at the time of order submission. Depomitm|ipm are nm'toffered without charge.
CO/ouxnn*lou8ou ,oupnnao h/pm�d
22.6. Provide courtesy cashing OfCity employees' payroll checks.
Fromtwi|| oemh peyro|| checks and other checks issued by the City at no charge tothe
presenter. The Bank wi|| take reemoneb|e steps to verify the identity of the
individue| presenting the check etthe time ofthe transaction.
COyouxnn*lou8oa ,oapnnao hy pmM
22.7. Provide free checking accounts for City employees.
Frost offers to provide Frost at Work to emp|oyeem of the Qty. This program makes
accounts and services evei|eb|etoemp|oyeemetreduced charge - and in momecases et
no charge. P|eeme refer to the description |ooeted in Tab A. cu/ *�m �n owm
mniilxlyuioIPoo,dr! unnaWa0o111vmmpm8mmnHo,oumooHs
22.8. Please describe other banking Sen/iCeS and benefits available to City
employees.
As e fu|| service finenoie| institution, Frost is eb|e to provide an array of banking, |ending,
investing and insurance services. Our mpeoie|imtm are evei|eb|e to visit with, and
emmimt individue|m in addressing their finenoie| needs. �,(�xnn*iou8ou i)/ ci�/
22.9. Positive Pay Reconcilement Services including payee comparison.
Frost offer Positive Pay with Payee Review. The price for this service is ino|uded in
the Bank's pub|imhedfee mohedu|eino|udedwith this propomei�uxnn*iou8oui)/ ci�/
22.10. Check IDl@QinQ of all cleared checks sorted in numerical order be sent or
downloadable to the City in @ format that is searchable and has the ability to
download the data into Excel.
Records and images of posted transactions are evei|eb|e on|inethrough Treasury Connect
etnoedditione| charge. Automated fi|e access via secure FTP may accrue service fees
as referenced in the Bank's pub|imhed fee mohedu|em. �uxnn*iou�,ou i)ycuy
23. Overnight Investment Sweeip Service
Please describe your bank's ability to provide this service and the method for
calculating the rate Ofinterest.
Frost offers e variety of investment options for the pub|io sector - from oo||etere|ized deposit
accounts with Bank managed interest rates (interest on Checking and K8oney K8erketSevings
Accounts), to certificates of deposit and automated investment sweep.
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
Frost also rnaK ntans an un house; Cap� tal I` arke;ts group who us able; to provWe; access to an array
of non-bank fOnan6al unstru rne;nts. TNs area consusts of knowIe dge able; and e;xpe rr e;nce d
unve;strne;nt profe;ssuonaIs who are fare` Har wutlh Chapter 2256 of the; Government Code; (a.k.a. the
Pubft Funds Investment Act) and accustorne d to workung wutlh cHe;nts unve;sdng Iarge r K rnounts.
P 11o,ial dp[! wi iii w piovidmc�l.
24. Overdrafts
The City does not intend to have an overdraft position on any of its bank accounts
throughout the course of this depository contract. However, in the event a check is
presented on any City account where there exist insufficient funds available for
payment, the City will require the Depository to pay said checks if they are determined
to be valid checks based on the positive pay file provided by the City. In addition, the
Finance Department will be promptly notified regarding the overdraft position. Please
describe the bank's policy regarding the payment of such checks. Also, define in the
Bid Form whether the bank would consider an overdraft to be a negative balance in any
individual City account or a negative balance in all City accounts collectively The City
would expect the depository to view all City accounts together for purposes of any
charges on overdrawn collected balances.
Frost does not encourage or expect Urfus type; of actuvuty to be a rou dne; busune;ss practuce;. As a
re;su It, Frost does not charge; for ttfos actMty. In the; osoIate d ons'tanre;s when a dayHght overdraft
os a possoby, Hty, Frost gene raIIy s'trove;s to pay dsbu use rne;nts once; the a rnount, source, 'type; and
d rrung of a coverng de posut us confirmed.
Overdrafts are consWe re d at the account Ie;ve l and not coHe;cdve Iy.
I oM wqmww ire blue u1)w/ i�� w( r,Y uw Io IIiw cit/
25. Collateral Securities for Deposits
The undersigned shall furnish to the City a bond in the amount and conditioned as
provided by the laws of Texas, or in lieu thereof, pledge securities as provided by the
laws of Texas (Article 2560, Revised Civil Statutes of Texas, as amended) as required
by the City. Please state the maximum amount of collateral the bank will pledge to the
City. The City will accept as collateral for its certificates of deposits and other
evidences of deposit the following securities: (All securities should be rated as to
investment quality by a nationally recognized investment rating firm and having
received a rating of not less than "A" or its equivalent). (The pledged securities must
conform with the City's Investment Policy and any subsequent amendments, which
includes but is not limited to the following).
25.1. Obligations of the United States of America, its agencies, and instrumentalities.
25.2. Direct obligations of the State of Texas or its agencies and instrumentalities.
25.3. Other obligations, the principal of and interest on which are unconditionally
guaranteed by the State of Texas or United States of America.
(() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
25.4. Obligations of the State, agencies thereof, Counties, Cities, and other political
subdivisions of any state having been rates as investment quality by a nationally
recognized investment rating firm, and having received a rate of not less than
"A" or its equivalent.
Certificates of Deposit and other evidences of deposit shall be collateralized at market
or par, whichever is lower, for U.S. Treasury Bills, Notes and Bonds with a remaining
maturity of three years or less and at 105% of market or par, whichever is lower, for
other securities.
The financial institution with which the City invests and/or maintains other deposits
shall provide monthly, and as requested by the City, a listing of the City's certificates
of deposit and other deposits at the institution and a listing of the collateral pledged to
the City marked to current market prices. The listing shall include total pledged
securities itemized by:
Name
Type/Description/CUSIP number
Par Value
Current Market Value at month end
Maturity Date
Moody's or Standard and Poor's rating
The City and the financial institution shall assume responsibility for ensuring that
all collateral is sufficient.
Frost proposes to pledge collateral from the; Bank's e;xlsting portfollo of ImunlcIpal Bond
se;cu rltle;s n`aIntalned wltlh tt)e; Bank's prlmary con'trac'ted'thlyd-party cus'todlan, The; Bank of INe;w
York IMellon Trust Company, IN.A. These; se;cu rltle;s comply with Chapter 2257 of the; Government
;ode; (a.k.a. the; "Pu bllc Funds Collateral Act", or "PFCA") and when accepted wltlhout further
r
re;strlctlons there Is NO CHARGE. Any re;strlctlons that exclude any PFCA-pe rmItte d se;cu rltle;s, by
type; or by matu rlty, or that exclude any of the; Bank's con'trac'ted collateral cus'todlans may
result In a Re;strlcte d Collateral Interest Fete; of 0.25% of the K rnount pledged. l`ddIturanally,
any re;qu Ire;erie;nts frac a mInImu rn K rnount of collateral more; than that re;qu Ire d by the;
PFCA may result In an Excess Collateral Interest Fete; of 0.25% of the K rnount pledged. I
Yh' rr+,� ',Y'fi' til I lo, d rr+,i' ,?, Yo Irk ,vide r r,11 rl',r r1 d W)b'yr, o, iiif'ulkr Y r,r Ynrl III(Iiw/ I;r,u' d lo d Flo dl rIpp Yol
i iir
Please note; that Frost Is prepared to track and compare re;latlonshlp balances against the;
a rnount of pledged collateral on a dally basls, but we; are; only able; to rnonitor balances
resulting from postings through the prior buslne;ss day, so we; request advance; notlflcatIon of
any de poslts that are; being made "today" (I.e. same; day)that may approach or exceed pledged
collateral levels. The; de;adllne; is 3:00 P.M. clI / r I Il ,,VIr dp , Hr 1110ol I Ololl III Hl err+� rr'ih`i.
l ddItIonally, the; proposed collateral cus'todlan will be; The; Bank of INe;w York IMellon Trust Company,
IN.A. TMs custodlan offers an autrrnate d ple dgIng program wltlh onllne; access to dally and
monthly hIs'torIcal reports. The; "thlyd-party" arrangement of tlhIs process does not enable;
re a tln`re; ple dgIng. But dally collateral posltIons are made early In the; morning based on
current day's opening balance; (I.e. pre;vlous day's closing balance). ciY/ wi/iir, vimip,' YhwIiiYoiiii uno iii III
1:
(() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
Re ase; refer to Tab G frac sarnpe; CoHate raK reports on flash drIve;.
25.5. Collateral Substitution
The Depository may substitute approved securities in the pledge account so long
as the total value of securities pledged meets the required levels. Substitutions
may be made after obtaining written authorization from the Director of Finance of
the City of Coppell or designated representative. The Depository may also request
permission to release securities whenever the total amount pledged is in excess
of the City's requirements. All securities pledged are subject to approval by the
City of Coppell. Any state or local government securities (municipals) pledged to
the City shall have a rating of "Al" or better by a major bond rating agency.
Re; eases of pedged collate raK does not occur wutlhout a sIgne d wrutte n autlhorIzatIon. Because
The; Bank of INe;w YorkIMe Hon Trust Company, IN.A. (BINY) system Is autrrnated, a standIng
re; ease Is sIgne d wutlh the agreements nts Kure; executed. BINY aso e;naWe;s Frost cHe nts to vue;w
onHne; reports of pedged se cu rItIe;s which are; marked to market daI� y. ro I ii ovr iI, i . ci�/ q ir! l tri
VIriI III i1!d IMid II,W/Cci odiviiI,pI11iirIII1 4)1;x.
Under the Collateral Provision of the Financial Institution Reform, Recovery and
Enforcement Act (FIRREA), it is required that a Third -Party Custodial Agreement
between the City, the Depository, and the approved custodian be signed by all
parties. The City will require the depository bank to attach to the contract certified
resolutions of the board of directors or board authorized committee that set forth
the City's security interest in the collateral supporting City deposits. The
certification must meet all of the requirements of FIRREA and FDIC policies which
apply to the City's security interest in the pledged collateral and must specify the
officers of the bank who are authorized to sign agreements with the City.
A sarnpe; copy of the; bank's document that cue ady straws that the; bank's F3rard or
de;sIgnate d craenmItte;e; has accepted the; deposutrary contract and authorIze d the; pedge of
roHate ray , watt) a permanent record of thIs actIon to be rnaIntaIne d In the mInuate;s of the
bank. Frost MH provIde; board ce rtIfucatIon foHowIng the; first re;gWady sche;dWe d board
me;e;tIng he W after award of the contract and e;xe;cutIon of the bank's deposutrary and
se cu rIty agreements. nts. n, I ii , vI migmI i:)�/ �iw ci��r/
26. Safekeeping of Collateral
Securities pledged as collateral for certificates of deposit or other evidence of deposit
and for repurchase agreements shall be retained in safekeeping in a third -party
safekeeping bank in the State of Texas or in the Federal Reserve Bank of Dallas. The
investments purchased by the City, may be retained in a third -party safekeeping bank
or in the depository bank's trust department in the City's name. The City, the financial
institution, and the safekeeping bank(s) shall operate in accordance with a master
safekeeping agreement signed by all three parties. Please submit a copy of the
safekeeping agreement with the safekeeping bank or Federal Reserve Bank to be
used in the event you are awarded the depository bank contract. The safekeeping
agreement shall clearly state the Federal Reserve Bank or the safekeeping bank is
instructed to release the collateral to the City of Coppell if the City has determined that
the bank has failed to pay on any accounts, has been closed by a regulatory authority,
(() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
or is in default of this agreement, and if the instructions for release have been formally
requested by the City Council by ordinance or resolution. The City shall always hold
the original safekeeping receipt for its investments and for pledged collateral. The
City's designated official(s) must approve release of collateral in writing prior to its
removal from the safekeeping account.
The safekeeping agreement shall have the signatories from the Federal Reserve Bank
as trustee, the depository bank, and the City of Coppell.
Frost offers an automated sweep se rvuce; Into the; Invesco Treasury ry Fu nd, Pe rsr nay Dass. This fund
meets the; re;qu Ire me nts of Chapter 2256 of the; Government Code; (a.k.a. the Pubft Funds
Investment Act or PFIA). ZBA se rvuce;s can aso be used to consraHdate; funds frac a sweep Into one
of these ove rnIght Investments. This MH reduce the; mast of swe;e;pIng from IndIvIdu aK accounts, as
the fete; frac ZBA su bsIdIary accounts Is much �e;ss than separate sweep arrangements. Funds are
swept to a target baance; In $1,000 Increments.
Pie ase; refer to Fios'torIc aRates and Prospectus on TabWIP/I( � olml III i io, X�I nr,,,w� w.
27. Investments
The City of Coppell intends to manage its own investment portfolio. Therefore, the City
reserves the right to withdraw, from time to time, any amount of funds of the City on
deposit in any City account to invest those funds in accordance with the City's
investment policy.
27.1. Investments —General
All investment decisions shall be approved by the City before execution. The City
may order investments either by phone or by written notification.
All investments purchased by the City shall be purchased "delivery versus
payment." That is, the City shall authorize the release of its funds only after it has
received notification from the safekeeping bank that a purchased security has
been received in the City's safekeeping account. This notification may be oral but
will be followed up in writing with the original safekeeping receipt.
The City must have confirmation from its safekeeping bank that collateral pledged
from a financial institution is in the City's account before investing in Certificates
of Deposit or other evidence of deposit at the financial institution. The
confirmation may be oral but must be followed up in writing with the original
safekeeping receipt.
The undersigned agrees that the City reserves the right to invest the City's funds
in lawful securities other than depository issued certificates of deposit with full
cooperation of the depository bank. If requested by the City, depository bank
agrees to assist the City in investing funds which are not invested in depository
bank issued certificates of deposit.
(() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
Frost offers a vary ety of unvestrnent opdons for the pubHc sector from collate raHzed de posut
accounts Mth undexed ante rest rates (interest on Checking and IMoney IMarket Savungs
Accounts), to cerdficates of de posut and automated unvestrnent sweep.
Frost aso rnantans an un house Cap�taIMarkets group who us aWe to provWe access to an
array of non. -bank finan6a� unstrurnents. T'Ns area consusts of knoMedgeaWe and experenced
unvestrnent professuona�s who are farm Har Mth Chapter 2256 of the Government Code (a.k.a.
the Pubft Funds Investment Act) and accustorned to workung Mth cHents unvesdng urger
arriounts. i / ipiiiiip, 1iw (ii!jpOoiy and ui 0/ r�11 1!1!1111!110 I I WkIIOVlalp we H1 0 110 diHiPv11 o(,(ffl I 111r1,
"V1011 Hirpio(duiw� "V1011 w/w0111[!10 `[!r/w- hoill VII0 Hir! CO/ l��
H/ im�rw/iiip,
27.2. Investment -Repurchase Agreements
The financial institution agrees to sell those U.S. Securities in which the City can
legally invest its excess demand deposit balances to the City, on or before 3-00
p.m. each regular day of the City's business to provide overnight and weekend
investments to the City through the use of an automated sweep to a "repurchase
agreement," and simultaneously, with the sale agrees to repurchase on or before
11:00 a.m. on the next following day of business, the same securities at the same
price as sold, with interest calculated on the invested amount. Bank holidays
falling on Friday or Monday will be included in the weekend "Repurchase
Agreement" and the interest calculation for a weekend "Repurchase Agreement,"
including bank holiday will be calculated on the invested amount.
Interest earnings resulting from each repurchase agreement shall be paid to the
City on the day of repurchase by providing deposit slips showing each account
and the amount of interest deposited to the account.
Please state the method for calculating the rate of interest to be paid on the
overnight automated sweep investment. The City reserves the right to enter into
repurchase agreements for periods of time longer than overnight and weekends
as may be agreed upon by the financial institution and the City.
Frost does not offer Repurchase Agreements Kis an unvestrnent for pubft sector accounts.
1111! CO/whimvlmlprn Ihr! �,"VI![q) /rdildr! piovidml h/ I IoM n Ihr! ivw 111!�cw�uIy IoWolio v it willphin "V10h Ihr! 11!xw�
lul)ii(I uii(l^ liivwonwiii P,(ri
28. Time Der)osit Maturities Occurrina Subseauent to Der)ository and Bankina Services
Agreement Termination Date
All time deposits or certificates of deposit or other investment securities which have
not matured on the termination date of the finally approved depository contract shall
remain on deposit with the same depository under the same terms and conditions in
effect during said contract until the date such time deposits have matured.
AcknoMedged.
29. Secondary Depository
((.) 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
The City pledges to the depository that all funds over which the City has control will
be deposited in the depository bank. However, a secondary depository bank may be
chosen to be used only in the case of a natural disaster or bank failure.
AcknowIe dge d.
30. Internet Based Reporting System
The City requires an Internet based reporting system which will provide the previous
day balance report, current day balance report, a detail of the prior day's debits and
credits, current day controlled disbursement report, stop payment status report,
current day ACH report and positive pay activity, monthly bank statements, and
exception reports. Please provide sample reports and indicate if the information can
be downloaded into Excel.
PIe ase; refer to Tab G frac sarnple; reports on flash drove;. Reports may be; downIoade d and exported
On FxceI format. cilk i � i vwiy Coilir O, VIIi(Ii qq vi 10 hr! Hir! Cilk r mI e
31. Additional Optional Services
The City continues to investigate new services for inclusion under its depository
services contract. Please provide information, including costs, of additional services
currently available or will be made available during the term of the contract period.
32. Banking Service Questions
The proposer shall provide a description of services proposed, specifically covering
the following areas:
32.1. Automated Clearing House
Describe your institution's services for electronic file transmission of
disbursements.
To use; Treasury ry Conne;ct frac ACH se rvuce;s, your need only a personal computer, Internet
browser software;, an Internet se rvuce; provWe r, and a Frost-provWe d se;cu rr ty token.
If your opt to use; FTP frac ACH se rvuce;s, your need FTP cHe nt software; of your choosung or an
Internet browser wuth .Java 6.1 or Iate r.
Frost re;gWre;s taint -of -band se;cu rr ty authe ndcadon that uncIu de;s accuracy components frac aII
ACH transact ons. Once; you se Ie;c't Frost as your ACH se rvoce; provWe r, we; MMI share; more;
spe;cufuc de;taHs about the; procedures that are un place; to protect your fOP1aP 6aI and
data resources. r I i,mvimipmi i)/ Ihv cir/.
32.2. Balance Reporting
C() 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
[)eSC[be the SVSbenO(S) available to @CCeSS @CCOUnt b8nS@CiOnS and balances.
Include specifications for hardware and SOftw@[e needed for the proposed
SVSte[O(S).
Treasury Connect is Frost's Commeroie| on|ine banking service that provides access to your
account information and transection functions. Treasury Connect can be eooemmed through
Bank's web page etfrosttreemuryoonneot.00m. To access the Services on|ine, Customer must
own or have eooemm to equipment and software (ino|udingweb browser software) that eUowm
Customer to eooemm the Internet (oo||eotive|y, the "Computer"). The web browser used by
Customer must support, at e minimum, Secure Socket Layer (^SSL^)teohno|oQyand 128- bit
encryption, and must be the current version or within two (2) versions prior of K8ioromoft
Internet Exp|orer, Safari, Firefox, and Chrome. Or pommib|y, other browsers that support SSL.
Customer understands that if web browser is used that does not support SSL and 128 -bit
encryption, the security of Customer's trenmeotionm re|eted to any Service may be
compromised and thus not in oomp|ienoe with the Security Procedures required by Bank.
Customer further understands that inmteUetion, maintenance, and operation of Customer's
Computer are Cumtomer`mmo|e remponmibi|ity. Bank is not remponmib|efor any errors orfei|urem
of Customer's Computer, ino|uding but not |imited to, any virus or Internet re|eted prob|emm
that may be asso6ated Mth Customer's access and use of the Services onHne. Bank reserves
the right as encryption teohno|oQy deve|opm to impose further reemoneb|e restrictions or
requirementmto maintain the appropriate |eve| ofsecurity for the trenmeotionm oontemp|eted
hereunder and Customer agrees to abide by such restrictions or requirements or discontinue
the Service orServices hereunder.
Auto negotiation imtoTLS 1.2.
Non TLS SSL prot000| connections are not eUowed. Aso, me|eoted encryption oiphens are
chosen to negotiate the highest current connection standards. |nterne| and Externe|
epp|ioetion security scans, emweU as, penetration tests are performed month|y by various
partners. Vu|nerebi|ity fixes are prioritized by risk exposure and typioeUy patched within
60 days.
CO/ouxnn*loupoa pmara ,oapnnao o�nvo
32.3. Customer Service
[)eSC[be your institution's CUStODle[ service philosophy. HOVV' SDeCifiC@lk/' is this
integrated into your d2VCUStODle[sen/iCe?
Frost's 150 years of experience and experime are directed toward deve|opingend offering
new finenoie| opportunities that wiU he|p our customers succeed in their own endeavors.
A|though we offer e fuU m|ete offinenoie| products and services to businesses, government
entities, nonprofits, trusts and individue|m, our ree| strength is our oommitmentto deve|op
and sustain |on�-term oumtomerre|etionmhipm.
K8orethen e finenoie| services partner that focuses on re|etionmhipm, Frost is e safe and mound
p|eoe to do business. During the finenoie| crisis of 2008..2009, we demonstrated our
oontinuingoommitmentto soundness by meinteiningmtrong |iquidity and oepiteL and turning
down TroubIed Asset ReHef Program JARP) funding, the first bank in the nadon to puMcIy do
mo. In fact, we expended our business throughout the recession, growingemmets and deposits
and increasing the dividendwepay toour mhereho|dens. Since that time,our unique approach
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
to business has eneb|ed Frost to growmiQnffioent|y, and today our oepite| is stronger
than ever.
CO/ouxnn*lou8oa pmara mapnnao o�nvo
32.3.1. How many individuals does the bank have inthe local bank? How will the
bank provide relationship support for banking services? What approach O[
service pnDQ[@nO functions will be instituted to provide the best service?
[)OeS the bank have @ dedicated CUStOnOe[ service line for business
@CCOUntS?
Customer Service Speoie|imtm
(800) 513--7678
Avei|eb|eto assist you 24 hours e day, seven days e week with e|| account issues.
Span imh-SpeekingBankers
CaH (800) 513--7678 to speak with a Spanish --speaking Frost Representadve or to
find one at |ooetion near you.
TreemuryK8enegementCustomer Service
(888)481--0336
Avei|eb|e K8ondey - Friday
7-00 AIM undI 6-00 PIM
Our oumtomerservice support centers are |ooeted in Sen Antonio, Texas and are in
the Centns|TimeZone.
|fme|eoted, FromtwiU have e primary re|etionmhip officer assigned to your account
re|etionmhip. In addition, there wiU be e |eed edminimtnstive assistant assigned as
weU.TheTreemuryK8enegementSe|emofficer remponmib|efor thimmarket area wiU
e|mo p|eyen important ro|ewith imp|ementetionm and re|etionmhipmupport.
P|eeme refer toTeb B for Re|etionmhip Teem information.
CO/ouxnn*lou8oa pmara ,oapnnao o�nvo
32.3.2. HOVV is local service and overall COnt[@Ct performance monitored at the
bank and holding COnOp@nV levels?
Oue|ity is extreme|y importentto Frost. From an |T perspective, the evei|ebi|ity of Frost
IT' networks, systems, and epp|ioetionmimreviewed on e month|ybasis empart ofthe
overe|| |T OA process ino|uding presenting on key findings to the executive
management teem on e month|y basis. Additione||y, key risk indicators (KR|m) are
tracked and reviewed on a quartedy basis incWding systern capa6ty and performance.
Treasury Management operations reviews their performance on e regu|er basis,
focusing on system performance, customer inquiries as we|| as monitoring basic
vo|umemtetimtiom.TheTreemuryK8enegementoumtomerservice teemmtracks inooming
oe|| vo|umemend documents those oe||m into e oentre| database.
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
Treasury IMKnagerrient product managers rrion�for bank performance as we as they
rrionitor industry standards and deveIoprrients to insure that feature funcdonaRy of
services meet current needs with an eye on the future for new service enhancements.
The purpose of these us to rrionitor performance, identify areas for irriproverrient and
addressing in a manner that us consistent with the Bank's desire and abHty to meet
the expectations of our custorrier as well as the bank's performance expectations.
CO/ whio"AmIpw� I IwX�� wq)oww dmvr!
32.3.3. How do the local employees and bank support the community and the
City?
The Frost philosophy encourages and supports community engagement and
volunteerism. Our goal is be engaged in our communities, and be actively involved
in the economic growth and development of the markets in which we have a
presence across the State. Our teams of knowledgeable, professional bankers
share their expertise and leadership through their ongoing participation arid
involvement with the boards and committees of a variety of local organizations.
The Community Development team assist the bank in assessing the needs in the
community with special focus on the low -moderate income markets. They also
facilitate and implement outreach activities to provide information and tools for
small businesses and consumers that include outreach seminars, hands-on events
and financial education at all levels.
Our employees also connect in a very "hands on" and personal way through
participation in our corporate employee volunteer team, the A -Team, as we assist
and work with a number of non-profit organizations in the fulfilling of their mission
for local service. Statewide Frost employees participate in over 6,000 volunteer
hours. YID
32.3.4. What is distinctive about the bank's approach to its automation of services?
Are there any new services planned which may impact the City?
Frost's Integrated Payables SoIudon allows our customers to send one payment fine
for processing that MMI udHze rriuffipIe payment raHs to transrrflt the funds to their
vendors.
The irripIerrientadon window us between 10--12 weeks. During Urfls Urrie we MMI work to
custorrflze the process to fit your needs.
Frost is able to leverage our network of over 4000 members to match your vendor with
afternate payment raHs allowing Frost to identify vendors that your organization may
sdIl be send'ng a check to who MII take a corrimer6al card payment. lmaking these
conversions can help increase corrimer6al card spend wNch MII increase the arriount
of rebate your organization can earn.
Clheclk Print and rriaH a standard paper check with remittance inforrriadon. Tris
process is fu IIy custorriizabIe to the custorrier's spe6ficadons all the way down to how
the check Iooks and what data is provided for remittance inforrriadon.
((.) 2020 Frost Bank
RFP #177 DEPOSITORY SERVICES
ACH - Trenmeotionm wiU be sent bysending e NACHAfi|ethrough Frost to oriQjnete
theme payments via the ACH network. Theme peymentmwiU besent with the ino|uded
EDI information for the vendor.
wCa ird - TnsnmeotionmwiU be sent byuti|izinge onetime use VISA card number. Thim
card number can on|y be used by the appropriate vendor and wiU expire after the
payment is processed. The card information is transmitted meoure|y vie our
portei ThemetnsnmeotionmwiU appear on the standard oommeroie| card statement
TRANSMISSION, PRINTING AND MAILING PROCESS
Fi|em can be transmitted for processing vie the on|ine porte| with e secondary
eppnzve| or direot|y sent to e secure fi|e transfer site (FTP). When mending to the
FTP site t[fls process can be automated shouId your organizadon choose to do so.
Once the fi|e is received it is |oeded for processing. The checks are printed,
mei|edvie USPS First Qemm 1\8eiL and e positive pay fi|e is generated for issuance
into the reoonoi|ietion system for fraud prevention. The ACH ffle is generated for
processing and |emt|y any vCerd payments are sent meoure|y to the vendors mo
that they can process those trenmeotionm.
REQUIREMENTS AND TURN -AROUND TIM EFOR RELEASE OF
SAME DAY AND NEXT DAY CHECKS
Fi|em wiU need to be submitted and approved by 10 PIM CT in order to be processed
and mei|ed out the foUowingbusiness day by PIM CT. Frost does not offer e same
day submit and re|eeme for check printingwith our standard product. We can
dimoumme|ternetive accommodations if your organization fee|m it wi|| need same
day submit and re|eeme of checks.
LOCATION OF PRINTED AND MAILED CHECKS
Frost prints and mei|m checks out of San AntonioTX. There are three edditione|
sites around the country whiohare used emback-up sites ifneeded.
C 0 IIVI IIVI IE IR CUA ll�.. C A IR ID IP IR 0 G IR A IIVI
Frost underwrites and issues our oommeroie| card program on the VISA payment
network. Yourorgenizetion can uti|ize ouron|ine p|etformto issue cards, o|ome
cards, menege|imitm, update oerdho|derinformetion and much more. |ndividue| card
ho|dense|mohave the ebi|itytouti|izeour on|inep|etformtoview trenmeotionmand
Frost's card mo|ution is e pay in fuU product requiring automatic debit from e
checking account. BiUing frequency can be met to week|y with e 3 --day grace period,
bi+week|ywith e 5 --day grace period or month|y with e 25 --day grace period.
IR IE IB A T IE A V AU�A IBU�UT Y
Rebates are offered on e month|y basis paid 3 months in ereens. Be|ow are
the rebates on purchasing for standard V|SAtnsnmeotionm. Qthertnsnmeotion may
have |owerrebates epp|ied.
VVeek|y- 1.25Y&
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
Bi.-Week|y- 1%
K8ont1|y-075Y&
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32.3.5. The City [eQUi[eS the right to use @ third -party auditor to review the City's
accounts and transactions and the bank's records regarding the City and
its t[@nS@CtiOnS at any reasonable time. Confirm agreement with this
condition.
Aoknow|edged.
32.4. Conversion Plan
Describe the conversion plan your institution would use to ensure a seamless and
smooth transition from the City's current provider.
An |mp|ementetion guide|ine temp|ete Is ino|uded for your review. As your current Treasury
and DeposItory servIces provIder there may be sorne modIficatIons or changes to be made. If
necessary, we wouId recommend that a formaI meetIng Is coordInated to document the endre
imp|ementetion prooemmtei|ored mpeoifioto your unique requirements and needs.
P|eeme refer to Tab B for Proposed |mp|ementetion P|en. pom uopnaunmano
umonnomi oouW hr! m,mmomuodid nnm,mpmquodouod umo
32.4.1. EDlepQenCV Preparedness and [)iS@Ste[ ReCOVe[V Plan- Describe your
institution's disaster neCOVe[V procedures. HOVV quickly will your backup
facilities beactive? What support will the bank beable tOoffer the City in
@ disaster situation to maintain stable banking functions? FOCUS On
SVStenOS' teleCOnOnOUniC@tiOnS and power, operational facilities, and
transportation.
We stay e|ert to pommib|e disaster situations to keep our customers' trust as e safe
and mound p|eoetodo business. Frost has e fu||ydooumented, regu|er|yupdeted and
tested business continuity p|en.
Our business continuity services department protects Frost's core business
processes, peop|e, assets, and resources to prepare for and survive e range of
dimruptiveeventm. Buminemmoontinuitymervioemhas e24/7state ofreedinemmfor any
emergency that oou|d Impact Frost's day. -to. -day operations. Disaster reooverytemting
exeroimemve|ideteour ebi|itytorestore and recover equipment,epp|ioetionm, data Nes
and system funotione|ity.
Frost's p|enningenoompemmem risk Identification and mitigation, risk impeotene|ymim,
contingency p|enning, emp|oyee awareness and training, testing, orimim
communication, coordination with externe| agencies, and emergency response and
operations. We foUow bemtpnsotioe standards emteb|imhed by the Disaster Recovery
Institute |nternetione| and the Federe| Finenoie| Institutions Examination Counoii
Frost's newteohno|ogy center Is e mtete+z�the-ertfeoi|itythat enhances the security
of our data processIng systerns and custorner InformatIon, and It ensures our capacIty
to meet future data and information teohno|oQy needs as the company grows. Frost
has e separate emteb|imhed, off. -mite data reooveryfeoi|ity ifunumue| oiroummtenoem
inhibitor interruptteohnioe| operations.
CIO/ ,ovIo*ou onu ouxnn*loupoa ,oapnnao ,mm pmM,n,mwa uomao41
32.4.2. What differentiates your service from other providers' service?
8D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
At Frost, everyone Is miQnifIoent, and that shows in the way we treat customers,
prospective customers and one another. Our focus on re|etionmhip Is based on
outstendingmen/ioe, high ethioe| standards and oonmen/etive management to ensure
orgenizetione| efficiency, and the safety and security offinenoie| assets. That means
that we |ook at business from e different perspective—from our customer's point of
view. And we offerexoeUenoe at fair price, givingour oumtomensmuperiorve|ue for
the mervioemthey reoeive.
Because |ongterm re|etionmhipm are at the core of Frost's business, we ereme|eotive
about the partnerships we form, basing new e||ienoem on our judgment of character.
Once made, we nurture theme re|etionmhipm by doing whet Is right rather than by
just doingwhet Is required by po|ioiem and procedures.
noapnnao �n ao41) la ouxnn"Aou8ou bymo CIO/
32.4.3. Please provide your most recent Federal Reserve Call Report.
httpm7Ywww.mn|.00m/Ceohe/|RCeohe/o4ee3o3dQ-beGb�i770-
f7704}dflGo24QdfQ.htm|
noapnnaoWao4a laouxnn"Aou8ou bymoCIO/,
32.4.4. Please provide a schedule of fees using the form provided with this
Request for PnDpOS@[ /SEE ATTACHE[) FEE SCHEDULE). VOlUnOeS
indicated On this form are @CU@l @nOOUntG for the month Of March 2020.
For Sen/iCeS not specified On the form, the pnDpOSe[ shall provide @
description Ofthe service and the proposed fee structure.
P|eeme refer to Tab Cfor the FeeSohedu|e and A000untAne|ymim Pro -Forme.
�nduuouI III mnNlouimonl �, Wm000pnaun���,00mon�
32.5. Fraud Prevention
Provide information On the bank's fraud protection and detection measures for
ensuring the integrity of all City funds and transactions, such as:
32.5.1.1. Layered security (FOB keys, mobile tokens, OTP'S'etC.\
32.5.1.2. Data encryption methods
32.5.1.3. Credential protection
32.5.1.4. Session management /pDp-Upwindows, session tiDle-OUtG'etC.\
32.5.1.5. Universal Payment Identification Codes (UPIC)
32.5.1.6. Transaction limits
32.5.1.7. [)U@l authorization
32.5.1.8. Back-office fraud detection and DlOnib][inQ
32.5.1.9. Critical alert notifications
6D2020Frost Bank
RFP #177 DEPOSITORY SERVICES
32.5.1.10.Advanced monitoring technology
32.5. 1.11. Industry partnerships (anti-phishing, anti-trojan, fraud forensic data)
32.5.1.12. Law enforcement coordination
If not listed above, please detail any additional fraud protection and detection
measures or services that could be beneficial to the City of City of Coppell.
Re ase refer to Tab A for product unforrnadon regardung ACH Fraud Protecdon and Posudve Pay
Mth Payee Revoew and Tab F for Technoogy Spe 6ficadons. i i0imi i)/cir/
((.) 2020 Frost Bank
FEE SCHEDULE
Frost isinduding 0heBank's pub|ishedfeeschedu|esWith this submisskznand consides themU)bepart ofthis form. PE�ase
mferU)0hesefeeschedu|esfor acomp|eAE�|istofavai|ab|esemiceS,options and associated Unit prices.ThepubUshedfee
schedu|esrepresent 0heBank's of cia|pricingofi'U,andvviUresokeanydiscrepanciesvvhichmayinadvetendyexiStbeAWeen
h |�y EmtUE�d onto this form.
FEE SCHEDULE
PROPOSED
FEE
IDiro�ected
MARCH
Analysis
(net of 55%
Discounted
SERVICE PROVIDED
2020
Statenient)
ffhscount)
pricing)
Coinninneints t)y ��Bi�ddeiir
Checking Services
Account Maintenance
6
MOW
MOO
54.00
Statements Rendered
6
OMO
MOO
OM
No Charge
Credits Posted
431
.1 Mo
0A50
193.95
ACH Incoming Credits
372
O200
M90
33.48
ACH Incoming Debits
43
O200
M90
3.87
ON US Items
142
OMO
MOO
OM
No Charge
)epos�ted teirins
2,427
0-150
M68
.163.82
Ll N I.. 1111..
categoirles
which aire no ongeir used
Local City Items
29
No ongeir used
No k)ingeir Use(.]
No ongeir used
11 h�s 11�ne �teirn �s no ongell'Used;
Local Statewide Clearings
85
No ongeir usENJ
No k)ingeir Use(.]
No ongeir usENJ
11 h�s 11�ne �teirn �s no ongell'Used;
Other 11 th Fed RCPC Items
195
No ongeir used
No k)ingeir Use(.]
No ongeir usENJ
11 h�s 11�ne �teirn �s no ongell'Used;
Transit Clearing
1,987
No ongeir usENJ
No k)ingeir Use(.]
No ongeir usENJ
11 h�s 11�ne �teirn �s no ongell'Used;
Special Signature Req - Base
2
.15.000
6350
.13.50
Special Signature Req - Items
29
0.500
0225
6.53
Returned Items
1
.10.000
4500
4. 5 0
FEE SCHEDULE
PROPOSED
FEE
IDirojected
(Tlrice
Mointhly
appearl . ng On
Effect
Charge
VOLUME
A,ml'nt
Unft Pdce
(1.1sing
MARCH
Analysis
(net of 55%
Discoi.inted
SERVICE PROVIDED
2020
Statenient)
ffhscount)
pricing)
Coinninneints t)y IIBiiddeiir
Vault Services
Cash Processing — Deposit Total
19
.1 Mo
0A50
11 55
Charge Is assessed rpEIr $.1,000
cash [n &xPoe jt�,
culna inmilathie mteir the innonth
Minimum Change Order
4
5,500
2.475
9,90
Charge Is assessed only !if the
aggiregate rpElr sora it aiml rpElr
Irolllli:r chairges of the chainge oirdeir
aire Ilexss than tl[nEx
Positive Pay Services
Positive Pay IN:ffns
404
OMO
MOO
OM
No Addlitonall Charge
Positive Pay Paid Reject Items
15
5M0
2250
33.75
No chairge for Posithie Pay Irex ects
which aire NOT rmid
Positive Pay with Payee Review
3
65M0
29250
87.75
Per account Per innonth
ACH Origination Services
MOO
ACH Origination
1
.1 5M0
6350
635
Treasury Connect ACH Origination
Mo≤ Charge IIs assessed rpElr
relationship Per
ACH Origination Items
4,648
0-150
11.11118
3.13.74
Return Items ACH
7
5M0
2250
15 75
Wire Transfer Services
Incoming Wire Transfers
2
.1 2M0
5.400
10.80
I IreaawaU,ulry Connect Wire I rainsf(:'ir
1
.1 5M0
6350
6.75
LINE 1111-1\41 ADDE 1.) 133 131 DDE R.
\AodUe
Per relationship ir)eir innonth
Online Banking Intrabank Transfers
2
ZI4.000
1.800
3.60
Online Banking Wire Transfers
7
.1 2M0
5.400
37.80
Treasury Connect Doinnestic
Djtgoln, Wire Transfer
Wire Transfer Notice Phone
2
MOW
MOO
1. .00
Cash Manager Wire Transfers
12
.1 2M0
5 400
64.80
DLIJl)Ifcate of a pirevfiOLISIY (ILloted
11line Iteirn Treasury Connect
Doinnestic Ditgoling Wire Transfer
Wire Transfer Notice Phone
4
MOW
MOO
36.00
DLIJl)Ifcate of a pirevfiOLISIY (ILloted
11iine fteirn
Wire Advices Mailed
5M0
2250
This chairge can Ibex wtolded with
ujse of Treasury Connect i:rallExIrt<,i:r
of Wire tiransfeir acthilty at no
.whi t nin r lh.ua6k
FEE SCHEDULE
PROPOSED
FEE
IDiroected
(fli-ice
NAointhly
appearl . ng On
Effecthie
Charge
VOLUME
A,,ou'nt
Udit Pdce
(using
MARCH
Analysis
(net of 55%
Discounted
SERVICE PROVIDED
2020
Statenient)
Discount)
pricing)
Coinninneints It) y IkBiiddeiir
Commercial Online Banking
Services
Previous Day Reporting
1
35M0
15350
15.75
ll"irExa,>�jiryCoiiriirExctAccE�w,:,; Charge
Is assessed rpExlr relationship pear
first account accessed
reasuiry Connect Accounts
5
MOW
MOO
45.00
LINE 111 1-104 ADDED 133 1311.)IDEFL
Per additionall account peir innonth
aff�,Ir flw f ir"t accnunt
Previous Day Reporting Detail Items
11,328
0A00
M45
509.76
Commercial Online Banking
28
OMO
MOO
OM
No Charge
Transfers
Commercial Online Banking Stop
6
MOW
MOO
54.00
PaVments
Financial EDI Items
52
0,060
M27
.1.40
Image Archive Services
Image Archive Discs
I
No Longer
No Longer
No Longer
CD/ROM knage Airchihie iIs no
Offered
Offeireci
Offered
IIongeir offeired. Transaction
innages aire accessible, TJewalble
aiml downloadable for up to sEwen
(7) years rJa Treasury Connect at
NO ADDITIONAL CAARGE.
Image Archive Items
741
No Longer
No Longer
No Longer
CAVROM knage Airchihie iIs no
Offered
Offeireci
Offered
IIongeir offeired. Transaction
innages aire accessible, TJewalble
aiml downloadable for up to sEwen
(7) years rJa Treasury Connect at
NO ADDITIONAL CHARGE.
ZBA Services
Zero Balance Accounting Transfers
13
No IIoInge it used
No k)ingeir Use
No IIoInge it used
This II Ine Tile inn its no IIoInge it used;
the tiransfeirs aire sulb�ect to
pirEwilously stated rCIrExejjjt<, poi ,tExejir
aiml irI)Eq)jjt<, poc ,tExejir chairges
Zero 3,akaince Accounting SUI)
1
30.000
11500
13.50
LINE 111 1-1\4 ADDED 133 1311.)IDEFL
Charge IIs assessed rpExlr ^,uJj[)
accnunt irwir
Sweep Services
Investment Sweep
1
.175.000
78350
78.75
1\10 -If", : 1-3used upon Current
inm*et rates, this services is not
suggested Or recornmended (it
thk tirm,
FEE SCHEDULE
PROPOSED
FEE
iDliroecced
(Tlrice
NA(milthiy
appearl . ng On
Effecthie
Charge
VOLUME
A,,ou'nt
Udit IPldce
(using
MARCH
Analysis
(net of 55%
Discounted
SERVICE PROVIDED
2020
Statenient)
Discount)
pricing)
Comments It) y IIBiiddeiir
Special Services
BA12 Reporting
6
50M0
22500
.135.00
NOTE 11"1[rll^,cl[airgEII^,civoicicible
slince Treasury Connect enalbles
downloading of transaction
recoirds iiln vairlous foirinnats
(lincludling BA12) at no additionall
Baiance Ill eiated Charges
::?egukatoiry II1rakalruccr IIe
Ainalyzed
0-125
0.125
Calculated
LINE 1111-1\41 ADDED 133 BIDDEIR.
Average
Charge
Charge Is assessed raceIr $.1,000
Ledger
aveirage anallyzed Ile dgeir
3-akainces,
i:r,
ballance., 1.)IlSCOLliritIls(riot all)ll)IIllei-I
o in 00u,-,,)
CITY OF COPPELL (BID)
Statement Date:
Relationship ID:
Relationship Manager:
Customer Service:
PRO 1''011.11r1 Al'l .1'1 A Settlement Account:
1r, r , .rcrr rG c.r c Irl r olfrin >.r fr,oin 11,7'
Consolidated Account Analysis Statement
Number of Accounts: 6 Accounts included in this summary:
01010101 02020202 03030303
05050505 06060606
07/31/2020
F XXXXX
JUSTIN HAVINS
888-481-0336
XXXXXXXXX
07/01/2020 through 07/31/2020
04040404
lsatance ana Earnings Allowance intormatton
Average Ledger Balance 212,000.00
Less: Average Float 98,500.00
Average Collected Balance 113,500.00
Positive Collected Balance Available for Earnings 113,500.00
Earnings Allowance ( 0.15%) 14.42
Current Period Activity Charges (net gf disconnt) 1,575.58
Total Amount Due 1,561.16
You received $1893.19, a 55% discount on Activity Charges from Frost for this statement period.
Vault Services
Unit
Service Description
Volume
Price
Price
Checking Services
28.00
Minimum Change Order
Account Maintenance
6
20.0000
120.00
Credits Posted
513
1.0000
513.25
ACH Incoming Credits
372
0.2000
74.48
Debits Posted
591
0.2000
118.27
ACH Incoming Debits
42
0.2000
8.30
On Us Deposited Items - no charge
130
0.0000
0.00
Deposited Items
2,218
0.1500
332.74
Special Signature Requirement
2
15.0000
30.00
Special Sign Requirement Items
51
0.5000
25.50
Return Items
4
10.0000
35.83
Reclear Items
3
5.0000
12.92
Subtotal Checking Services
9
5.0000
1,271.29
Vault Services
Cash Processing - Deposit Total
28
1.0000
28.00
Minimum Change Order
5
5.5000
27.96
Subtotal Vault Services
55.96
Positive Pay Services
Positive Pay Paid Reject Item
8
5.0000
40.00
Positive Pay with Payee Review
3
65.0000
195.00
Subtotal Positive Pay Services
235.00
ACH Origination Services
TC Payments ACH
1
15.0000
15.00
ACH Origination Items
4,925
0.1500
738.70
Return Items ACH
9
5.0000
43.33
Subtotal ACH Origination Services
797.03
Wire Transfer Services
Incoming Wire Transfers
2
12.0000
24.00
TC Payments Wire Transfers
1
15.0000
15.00
Online Banking Intrabank Transfers
2
4.0000
8.67
frostbank.com
Page 1 of 2
ZBA Services
Unit
Zero Balance Accounting 1
Service Description
Volume
Price
Price
Online Banking Wire Transfers MEMMEMEM
Automated Sweep
12.0000
106.00
Wire Transfer Notice Phone
1
20.0000
21.67
Subtotal Wire Transfer Services
175.00
Special Services
175.34
Commercial Online Banking Services
BAI2 Reporting 6
50.0000
300.00
Treasury Connect Access (includes 1 st account
1
35.0000
35.00
Treasury Connect Accounts
5
20.0000
100.00
TC Previous Day Items
1,519
0.1000
151.90
Commercial Online Banking Stop Payment Init
2
20.0000
41.67
Financial EDI Items
68
0.0600
4.08
Subtotal Commercial Online Banking Services
332.65
Image Archive Services
Image Archive Discs
1
25.0000
25.00
Image Archive Items
898
0.0500
44.89
Subtotal Image Archive Services
69.89
Safekeeping Services
Clearance - physical items
75.0000
Clearance - called bonds
0
10.0000
Clearance - FED ABS/MBS
0
25.0000
Clearance - BNY ABS/MBS
0
35.0000
Clearance - FED NON-ABS/MBS
0
20.0000
Clearance - BNY NON-ABS/MBS
0
30.0000
Collateral fee
50.0000
Custody - monthly maintenance
0
10.0000
Custody - safekeeping online
0
50.0000
Custody - OTC coupon collection
20.0000
Custody - OTC bond collection
20.0000
Custody - assets per $1 OM PHYS
0.1000
Custody - assets per $1 OM BE
0
0.0200
Custody - fixed incomee receipts
0
0.6000
Custody - interest payments
0
1.0000
Custody - pledges/releases
6.0000
Custody - maturity payments
0
10.0000
Custody - account statements
2.5000
Custody - late/change delivery
25.0000
Custody - equity receipts
0
1.5000
Custody - physical item receipts
0
2.0000
Custody - P&I paydown payments
0
8.0000
Subtotal Safekeeping Services
0.00
ZBA Services
Zero Balance Accounting 1
30.0000
30.00
Subtotal ZBA Services
30.00
Automated Sweep
Investment Sweep 1
175.0000
175.00
Subtotal Automated Sweep
175.00
Special Services
BAI2 Reporting 6
50.0000
300.00
Subtotal Special Services
300.00
Balance Related Expenses
Regulatory Balance Fee
0.1250
26.50
Interest Paid (IOC) Based on average collected balances
0.01%
0.11
Subtotal Balance Related Expenses
26.61
Balance Related Expenses (not eligible, for discount) 26.61
Applicable Activity charges 3,468.77
Discount 55% 1,893.19
frostbank.com Page 2 of 2
x&191 A1►A1 161KAM=�_\►1a1►[. _\►1P-Mi:I*V71Ila'M►AI_\►I_ 01:1►A1 :1 k' & W71:1 ��I[ �
SCHEDULE OF FEES FOR CITY OF COPPELL
The total monthly charge for non -balance related services performed by Frost will be reduced by 55% off
the following standard Commercial Banking and Treasury Management Service Fees.
/
i i
Account•
•• • •
AccountInactive
•• •month
•• Statement Service
$10.00/account/mo
Credits Posted
(does not include ACH, Lockbox or Digital Deposits credits)
$1.00/credit
ACH Incoming-•
.• •
Debits Posted
(does not include ACH debits)
$0.20/debit
ACH Incoming-•
.• •
On Us Deposited Items
Deposited Items.•
ICL Frost On Us Deposited Items
ICL Frost Partners Deposited Items
SEEM=
ICL ost Premium Deposited Items
9,11TI.
Image Duplicate Items
9,7191TIMI
Compliance Reject
FROM
ImageImage
Code Line Repair
9,7191TIMI
Forward/Return Items I.•- Compliance
9,9141TIMI
Return Items
$10.00/item
R-
••
Return Item Notification•
•• •
Special Signature Requirements
$15.00/account/month + $0.50/item
dio Account Transfers
IWe C7 Mml
Account•.
••
StandingOrder Transfers
II
••
• ••
Check • Draft Collections•
••
Collection Items
$12.00/item
FundsInsufficient
••
Overdraft Items
$35.00/check (maximum of 5 per day)
MEMBER FDIC
Low Check Volume (less than 300 items per month)
III
Customer -owned scanner
$50.00/workstation/month
Frost procurement - Ideal Single Feed
$50.00/workstation/month
SingleFrost procurement - CX30 Feed Scanner
$75.00/workstation/month
• Check Volume
9,01
Customer -owned scanner
$50.00/workstation/month
Frost procurement— TS240 Scanner
$ I
CannonFrost procurement— • Speed
, ,,
Credits Posted - Digital Deposits
I Ire V Mml
• I, On Us Deposited Items
/ • I
• I, Deposited Items
,W ,Ulm -
, ••I,
RDCInformation •I/• Items
$0.12/image
Credit •/I/ / / /,
III
Image // Capture
-fog
MICR Capture
FORM -
,I,I
Data Keystroke
,
Exceptions
9,01
Download Image File
$100.00/month
Data
T- ,
1M M1
• Customer Report
, ,,
• , I • I
Actual charge by third party
discountapplied
Courier/Express
Actual charge by third party
discountapplied
Branch Delivery
•,
Wholesale
I175.00/box/
month
Wholesale Items
I We ,
Remote Lockbox Monthly Maintenance
$75.00/box/month
Remote ///
,W , , ,
ProcessingWholesale Cash
Credit / Processing
T- ,
1M M1
Wholesale Special / • / I •S
MI
, III •
Wholesale Return / I
S , IIII •
Wholesale Detail / •
-few
Wholesale •e
.t G•
Wholesale I /
11m
• Image Capture Non-financial
IN Mml
Wholesale Image I, I
ImageWholesale Capture - Check or Invoice
I.e M
Lockbox Image Extended Storage (up to• 1 days)$25.00
/month
Wholesale Image
I, • Intal
Wholesale
chargeActual by third party
discountapplied
Multiple Mailing Address
chargeActual by third party
discountapplied
MEMBER FDIC
/
• I
tail Lockbox Setup
$100.00/box
Retail Monthly(includes one•
$200.00/box/
�-
1,
Retail Only
1, M -
Retail Multiples
,1 , • M -
Retail Cash Processing
,W ,
Retail / I /
a.IN Mw M1
Retail // Reject
a. - ,
Retail • I 1 /
a. �, IIII
Retail 1 I Capture
,
0=17m -
• I •I Envelope
Retail
- IIII
Retail III Delivery Internet
125.00/box/ month
Retail III Capture Check / Coupon
- IIII
II
•I Image
Retail
Retail • 1 Rental
Actual party
discountapplied
/
1
Currency Processing Deposit
Partial • I I / Loose / Deposits
Full • I I / Loose / Deposits
Strapped Furnished
$0.55/strap
/$1.50/strap
ATM Fit Currency Furnished
Rolled / Furnished
,W ,
Change //I$5.50/order
Strapped Furnished /
$0.60/strap
Rolled / Furnished /
,- ,
Expense
charge by third party
ActualCourier
discountapplied
Correction Notice
$10.00/notice
Deposit Processing Supplies
discountDeposit
Actual charge by third party
applied
Detailed Reporting
$15.00/hour
Maintenance - Safe Deposits
MEMBER FDIC
Controlled Disbursements 1 $120.00/account/month
W-11
$40.00/accou nt/mo nth
Positive Pay (with Full Reconciliation)
Positive Pay monthly fee waived
Positive Pay with Payee Review
$65.00/account/month
Positive Pay with Payee Review (with Full Reconciliation)
$25.00/account/month
RejectRoss
Paid PositiveReview••
I �-
i
ACH Origination
$15.00/month
TC Payments ACH
$ •• • • nth
Same DayACH Origination Items
N "@M-
ACHOrigination Items
I �-
Frost Tax Payment TransactionMml
NACHA Operating Rules and Guidelines (online access)
$30.00 + tax
ACH Reversal
$12.00/item
ACH File Maintenance
• ••
Return Items ACH
9,19re Mml
Return ACH Notice••
M.
ACH Reclears
100•
MEMBER FDIC
l
Online Banking Intrabank Transfers
$4.00/transfer
Batch Intrabank Transfers
$1.00/transfer
Standing Instructions
$25.00/transfer + wire fee
Outgoing Domestic
, ,
Online Banking I,1
, ,
• I
• Domestic
$35-00/month
Outgoing Foreign Wire Transfers
$45.00/wire
Online Banking Foreign Wire Transfers in US Dollars
$30.00/wire
Online Banking Foreign
, ,
Wire Data File Setup
ff. INITITIe
I, I
,N , IIII M
Foreign Currency Account
$50.00/accou nt
Wire Transfer Statement
$5.00/statement
Wire Transfer Notice • /
, , ,
Security token
$25.00/token shipped
Treasury Connect Access
$35-00/month
Treasury Connect Accounts
$20.00/account/month (1s' account free)
TC Previous I, I
Ire
TC Return Item Images Access
$15.00/month
Cash Manager Access
$35-00/month
Cash Manager Accounts
$20.00/account/month (1s' account free)
Previous I, I
T-1]
Return Item Images Access
$15.00/month
Commercial Online Banking / Payments
$20.00/stop
Financial I, (Electronic Data
,N , IIII M
Financial I, Report$1.25/page
Financial EDI Report Fax
KNOW"
Data Exchange - Incoming
$ 75.00/accou nt/mo nth, + $0.03/item
Data Outgoing
$ 75.00/accou / $ ,
Zero Balance Accounting I $30.00/month/secondary account
MEMBER FDIC
MEMBER FDIC
EarningsCredit
I , • I at any time
•I, subject
Managed
Regulatory Balance Fee
Averageledger balance/$1,000 x $0
Expense.125
1 Negative Collected Balance
Frost Prime %
Interest Paid / Analyzed Accounts
Amount charged I expense through
Account Analysis
Collateral
charge for securities listed under chapters • & 2257 of the Government Code and TEA
& 45.208 (if applicable) without restrictions
right45.201
I1 Collateral / 0.25% of the amount
• Frost reserves the , • I Restricted
pledged / restrictions disallowing • I I / securities / of the Bank's / I
collateral custodians
right• Frost reserves the / • I an Excess Collateral / 0.25% of the amount pledged
for required collateral levels in excess of those I ted by the PFCA.
MEMBER FDIC
SAFEKEEPING SERVICES
. i Mel,"Wol & WN41 a
The total monthly charge for non -balance related services performed by Frost will be reduced by 55%
off the following standard Safekeeping Service Fees.
Security receipt and clearance fees
ME=
No=
On -Frost Transactions Not On -Frost Transactions
FRB non-ABS/MBS
- $20.00 each
FRB ABS/MBS
- $25.00 each
Non -FRB, non-ABS/MBS
- $30.00 each
Non -FRB, ABS/MBS
- $35.00 each
Physical items
- $75.00 each
Late delivery instructions
- $25.00 each
Change delivery instructions
- $25.00 each
N
Registrations and re -registrations
$35.00 each
Physical examination of securities
$25.00/hour
Reorganizations - tenders and exchanges
$35.00 each
Treasury auctions
$50.00 each
Account verification statements (free monthly)
$2.50 each
Account research
$25.00/hour
Indirect inquiries for lost or stolen securities:
Semiannual charge
$25.00 each
Inquiry
$3.00 each
Over-the-counter collections:
Coupons
$20.00/envelope
Bonds
$20.00/corpus plus postage and insurance
Proxies/Annual statements
$3.00 each
Special handling (manual intervention)
$20.00 additional/transaction
MEMBER FDIC
12/19
DocuSign Envelope ID: 9CEA6DBA-AFB3-4F39-9A8E-33AF9DDF1670
THIRD PARTY CUSTODIAN AGREEMENT
(Collateralized Municipal Deposits)
THIS AGREEMENT, made and executed as of. January 3. 21119 by and among Qi►y of CoM211, Texas (the
"Public. Entity"), stB (the "Bank") and '1 he Bank of New York Mellon Tnist Company, N.A. (the "Custodian").
WITNESSETH
WHEREAS, Public Entity deslres to maintain or continue to maintain public deposits with Bank,
WHEREAS, Bank desires to obtain such deposits and to provide security therefor as required by applicable
law, regulation or rule;
WHEREAS, Custodian agrees to provide safekeeping services and to hold any securities pledged by Hank in
a -custodial account established for the benefit of Public Entity as secured party pursuant to this Agreombrit;
follows:
NOW, THEREFORE, in consideration of the mutual promises set forth hereafter, the parties hereto agree as
Security Requirements
.(a) Bank, to secure the timely payment ofUninsured Deposits heretofore or hereafter made by Public
Entity, including any Interest due thereon and any costs or expenses incurred by I ubiir Entity and arising out of the
collection of any deposits tirade with Bank, has deposited with Custodian certain investment prpperty as identifiedby
the parties on Schedule A, attached hereto, and as more fully described in the initial confirmation Trust Receipt of such
deposit delivered by Custodian to Bank and Public Entity respectively (which investment property together with any
additions thereto, substitutions therefor and -tile proceeds thera4 are hereinafter collectively referred to as "Collateral'),
to be held by Custodianpursuant to the ptovisions herepf. Pursuant to lite Texas Business arid Commerce Code, as
amended, Custodian shalt net as a ballee or agent of Public Entity and, to the extent not inconsistent therewith, bold, the
Collateral as a securities intermediary (as such terms are defined in Chapter 8 of the Texas Buginess & Commerce Code,
as amended, and, in Chapter 2257 of the Texas Govemtnent Coda, as amended) and in accordance with the provisions.
hereof. Bank hereby grants to Public Entity a pledge and sect. ity interesvin and to- such Collateral and shall deliver
Collateral to Custodian in the manner proscribed in Section 2 of this Agreement,
(b) Subject to paragraph (c) below, Public Entity authorizes Custodian as its agent to approve
substitutions of Collateral ("Substitute Callateraill supplied to Custodian by Bank far Cotlaterrrl in the Account upon
receipt of Written Instructions from Bank identifying the Collateral to be substituted. Such Written Instructions shall
when received by Custodian be dedmed Bank's represealation and warranty, on which. Custodian may rely without
further inquiry. that Vii) the Substitute Collateral constitutes Collateral that is eligible for deposit hereunder and (ii) has
a Margin Value equal to or greater than the Margin Value of the Collateral to be substituted (each, an "Approved
Substitufion"). Following completion of each Approved Substitution Custodian shall update its. records bf the Account
as soon as possible and issue a Trust Receipt to Public Entity in accordance with the requirergtents eF paragraph (f)
below.
(c) Custodian assumes no responsibility to determine or monitor whether or not any Collateral originally
deposited hereunder or Substitute Collateral or additional Collateral hereafter deposited are eligible for deposit under
applicable law, rule or regulation arwhether the Market Value of the Collateral thereof meets the requirements of any
law, rule or regulation applicable to the deposit hereunder, The determination .of eligibility and whether the Market
Value of the Collateral satisfies statutory or regulatory requirements will be the responsibility -of Batik. Custodian shall
be fully protected in relying on Written Instructions of either Bank or Public. Entity directing Custodian to release any
of'the Collateral to Bank, To the extent of any conflict in the instrac tions of Public Entity and Bank, the instructions of
Public Entity shall control and Bank shall hold Custodian harmless for acting in accordance with 'Public Entity's
instructions.
DocuSign Envelope ID: 9CEA6DBA-AFB3-4F39-9A8E-33AF9DDF1670
-2.
(d) Custodian shall promptly issue a Trust Receipt to Public Entity an any Business Day on which
Collateral is transferred to and from the Account. For the avoidance of doubt, it is understood and agreed that Trust
Receipts may be combined to identify more than one transaction on any one Business Day and Custodian shall not be
mclulrad to issue more than one Trust Receipt to Public Entity on any Business Day.
2. Custody of Collateral
(a) Bank and Public Entity hereby appoint Custodian as custodian of all Collateral at any time delivered
to Custodian pursuant to this Agreement, Custodian hereby accepts appointment as such Custodian and agrees to
establish and maintain the Actount and appropriate records identifying the Collateral as pledged by Bank to Public
Entity. Collateral in the Account shall be kept separate and apart from the general assets of Custodian pit Custodian's
books and records. Subjeetto the terms hereof, Custodian, in performing its duties and responsibilities pursuant to this
Agreement, Miall act as custodian for, and agent of, Public Entity. The parties agree that all securities held in the
Account shall be treated as financial assets. For purposes of the Texas Business and Commerce Code, as amended, the
security interest granted. by Bank in the Collateral for the benefit. of Public Entity ls- created, attaches, and is perfected
for all purposes under Texas law from the time Custodign receives Collateral for deposit or credit to the Account and
issues a Trust Receipt to Public; Entity for such Collateral. The security interest of Public Entity in the Collateral and
all Proceeds. thereof shall terminate upon the transfer of such Collateral .or Proceeds from the Account.
(b) The Bank and Public Entity agree that Collateral delivered to the Custodian for deposit in or credit to
the Account may be in the form of credits to the accounts of Custodian at the Book -Entry System or a Depository or by
delivery to Ae Custodian of physical certificates in a form suitable for transfor or with an aasignment in blank to the
Public Entity or Custodian. The Bank and Public Entity berpby authorize the Custodian on a continuous and ongoing
basis to deposit in the Book -Entry System and/or the Depositories all Collateral that may be deposited therein and to
utilize thcBock-Entry System and/or Depositories and the receipt and delivery oiphysical securities or any combination
thereof in conhection with its performance hereunder. Collateral that is not held in the Book-Entry'System, Depositories
or through another -financial intermediarywili be field in the Custodian's vault and physically segregated from securities
and other -non-cash property belonging to the Custodian.
(c) (i) Upon the initial and each subsequent deposit of Collateral and Proceeds into fist Account (including
but not limited to any deposit of Collateral as tsar[ of an Approved Substitution),. Custodian shall promptly provide
Public Entity with a Trust Receipt. Additional customized Account statements may be available upon mutual agreement
of Public Entity and Custodian.
(ii) Public Entity agrees that .it shall promptly review all Tmst Receipts and .Account statements
delivered to it by Custodian and shall promptly advise Custodian and Bank by Written Instruction of any error, omission
or Inaccuracy in such statements. In the eventthat Custodian receives such a Written Instruction identifying a specific
concern with respect to a suspected error, fallure or omission with respect to the Account, Custodian shall undertake to
correct any errors, failures or omissions,, provided that Custodian and Bank shall work together to determine that such
error, failure or omission actually occurred and Custodian shall notify Public Entity of its action concerning each such
error, failure, or omission.
(d) The Account shall not be subject to any security interest, lien or any right of set-off by Custodian.
(e) With respect to all Cal lateral held in. Elie Account, Custodian by itself, or through the use orthe Book-
Entry,System or the appropriate Depository, shall, unless otherwise instructed to the contrary by Bank: -(i) collect all
income and other payments reflecting interest and principal on the Collateral in the Account and credit such amounts to
the account of Bank; (if) forward to Bank copies of all information or documents that it [nay receive from an issuer of
Collateral which, in the opinion of Custodian, is intended for the beneficial owner of the Collateral Including, without
limitation all proxies and outer authorizations properly executed and all proxy statements, notices and reports; (iii)
execute, as Custodian, any certificates of o.wnetship, pffidavits, declarations or other certificates under any tax laws now
or hereafter in effect incopnection with the collection of bond and note coupons; (iv) hold directly, or through the.Book-
Entry System or Depository, all rights issued with respect to any Collateral' held by Custodian hereunder; and (v) upon
roceipt of Written Instructions front Bank, Custodian will exchange Col lateral held hereunder for other securities and/or
cash in connection with (A) any conversion privilege, reorganization, recapitalisation, redemption in kind,
consolidation, tender offer or exchange offer, or (B) any exercise, subscription, purchase or other similar rights.
DocuSign Envelope ID: 9CEA6DBA-AFB3-4F39-9A8E-33AF9DDF1670
-3-
(t) Custodian agrees to File reports wfili the Comptroller of Public Accounts of the State of Texas (tile
"Comptroller') regarding the Collateral pledged to secure the Uninsured Deposits of Public Entity hereunder, as and
when required by the Comptroller.
3 Events f Default
Subject to applicable law, rules and regulations, or regulatory authority and oversight, in the event Bank shall fail to pay
Public Entity any amount of the Uninsuned Deposits by Public Entity covered by this Agreement in accordance with the
terms of such Deposit, or should Bank fail or suspend active operations, the Uninsured Deposits in such Bank shall
become due and payable immediately and Public Entity shall have the right to unilaterally demand delivery of all the
Collateral in the Account by Written Instructions to Custodian and to sell such securities at public or private sale. In
the event of such sale, Public Entity, atter deducting all legal expenses and other costs, including reasonable attomeys'
fees, from the proceeds of such sale, Shall apply the remainder towards any one or more of the liabilities of Sank to
Public Entity and shall return the surplus, if any, to Flank,
A. Representation and Warranties
(a) Representations of Bank. Bank represents and warrants, which representations and warranties shall
be deemed to be continuing, that;
(f) this Agreement has ,been legally and validly entered into, does not and will not
violate any statute or regulation applicable to it and is enforceable against Bank in
accordance with its terms;
(ii) it is. the Iegal and actual owner, free and clear of all liens and claims, of all the
Collateral pledged pursuant to this. Agreement;
(Iii) this Agreement was executed by an officer of Bank who was authorized by Bank's
board of directors to do so and will at all times be maintained as an official record of Sank;
(iv) all Collateral held by Custodian hereunder are eligible to secure Public Entity's
deposits at Sank under applicable statutes or regulations and the Market Valft of the
Collateral hold by Custodian hereunder at all times meet the. requirements of such statutes or
regulations;
(v) Bank is a bank or trust company duly autborized to do business in the state where
it is located;
(vi) all acts, conditions and things required to exist, ltatspen or to be performed on its
part precedent to and in the execution and delivery of this Agreement exist or have happened
or have been performed,
(b) RepresentatioM ofPublic.Entity. Public Entity hereby represents and warrants, which representations
and warranties shall be deemed to be continuing, that:
(1) this Agreement has been legally and validly entered into, does not and will not
violate any statute or regulation applicable to it and is enforceable against Public Entity in
accordance with its terms;
(ii) the appointment of Custodian has been duly authorized by Public Entity and this
Agreement was, executed by an officer of Public Entity duly authorized to do so;
(iii) it wf11 not transfer, assign its interests in or the rights with re3pect to any Cal lateral
pledged pursuant to this Agreement, except as authorized pursuant to Section 3 of the
Agreement;
DocuSign Envelope ID: 9CEA6DBA-AFB3-4F39-9A8E-33AF9DDF1670
-4-
(iv) all, acts, conditions and things required to exist, happen or to be performed on its
part precedent to and in the execution and delivery of this Agreement exist or have happened
orhave been performed,.
5. Concerniniz Custodian
(a) Custodian shall not be liable for any loss .or damage, including counsel fees, resulting from its action
or omission to actor otherwise, except for any loss or damage arising out of its own negligence or willful misconduct,
and shall have no obligation hereunder for any loss or damage, including counsel fees, which are sustained or incurred
by reason of any action or inaction by the Book -Entry System or any Depository. In no event shall Custodian be liable
td Public Entity, $ank or any third partyfor special, indirect or consequential damages, or lost profits or loss ofbusinesa,
arising in connection with this Agreement„ Custodian cony, with respect to questions of law, apply For and obtain the
advice and opinion or counsel and shall be fully protected .with respect .to anything done or omitted by it in good .faith
and conformity witirsuch advice or opinion. Public Entity, to the extent permitted by law, and Bank agree,, jointly and
severally, to indemnify Custodian and to hold it harmless against any and all costs, expenses, damages, liabilities or
claims, including reasonable fees and expenses of counsel, which Custodian may sustain or incur or which may be
asserted 'against Custodian by reason of or as a result of any action taken or omitted by Custodian in connection with
'operating under this Agreement, except those costs, expenses, damages, liabilitiesor claims arising out of the negligence
or willful misconduct of Custodian or any of its employees or duly appointed agents. This indemnity shall be a
continuing obligation of Public Entity and Bank notwithstanding the termination of this Agrtement.
(b) Custodian stealI not be tesponsible for, or considered to he custodian of, any Collateral received by it
for deposit in the. Account until Custodian actually receives and collects such Collateral directly or by the final crediting
of Custodian's account on the books of the Book -Entry System or lite appropriate Depository, Cwtodinn ,�fill bt: entitled
to reverse any credits made on Public Entity's behalf where such credits have been previously made and the Collateral
are.not finally collected.
(c) Custodian shall have no duties or responsibilities whatsoever except such duties and responsibilities
as are specifically set forth In this Agreement and no covedant or obligation shall be implied against Custodian in
connection %vi(h this Agreement.
(d) Public Entity's and Bank's authorized officers and, if permitted by law, representatives of the
Comptroller,upon reasonable notice, shall each have access to Custodian's books and records maintained with respect
to Public Entity's and Bank's respective interests in the Account during Custodian's normal business flours. Upon the
reasonable request of Public Entity, Bank or the Comptroller when applicable law permits, copies of any such books
and records shall be provided by Custodian to the requesting party's authorized ofticerat the requesting party's expense.
(e) In performing hereunder, Custodian may enter into subcontracts, agreements and understandings with
third parties (including affiliates) whenever and on such terms :and conditions as It deems necessary or appropriate. If
anyofsuch subcontracts, agreements, or understandings with third parties are fortlie deposit ofCollateral for the benefit
oCPublic Entity, (i) such third party will qualify as a "permitted institution" pursuant to Chapter 2257 of the Texas
Government Code (the "T.exas Public Funds Collateral Act'), (ii) Custodian shall cause such third .party to provide
records to Custodian evidencingthe deposit of Collateral with such third party, and (iii) records of the third party relating
to such Collateral will at all times state the name of Custodian. No such subcontract, agreement or understanding shall
discharge Custodian. From its obligations hereunder.
(f) Reliance .on Pdcine Services. .If Custodian, as an aceprm"dution to hank or the Public Entity,
bgrees to provide information concerning Market Values, Custodian is authorized to utilize any generally recognized
pricing information services (including brokers and dealers of securities) in order to provide Market Values hereunder;
and Bank and Public Entity agree that Custodian, shall not be liable for any loss, damage, expense, liability or claim
.(including attorneys' fees) incurred as a result of errors or omissions of any such pricing information service, broker
or dealer.
(g) Force Majeure. Custodian shall not be responsible or liable For any failum or delay in the performance
of Its obligations under this Agreement arising out of or caused, directly or indirectly,. by circumstances beyond its
reasonable control, including without limitation, acts of God, earthquakes, fires, floods, wars, civil or military
DocuSign Envelope ID: 9CEA6DBA-AFB3-4F39-9A8E-33AF9DDF1670
-5-
disturbances, sabotage, epidemics, riots, loss or malfunctions of utilities, computer {hardware or software) or
communications service, labor disputes, acts of civil or military authority, orrgoVernmental, judicial or -regulatory action;
provided however, that Custodian shall use its best efforts to resume normal performance as soon as practicable under
the circumstances. Provided, however, that if Custodian cannot resume normal performancewithin thirty (30) days of
the cessation of such"force majeurc" event, in addition to the termination rights set forth in Section 6 of this Agreement,
Bank and Public Entity may terminate this Agreement immediately and without early termination penalty, liquidated
dismages or other penalty.
Termination
Any of the parties hereto may terminate this Agreement by giving to the. other parties a notice in writing
specifying the date of such termination, which shall be the earlier of (i) not less than 90 days after the date of giving
such notice or (ii) the date on which the Deposits are ropaid in full. Such notice shall not affect or terminate Public
Entity's security Interest in the Collateral in the Account. Upon termination hereat, Custodian shall follow such
reasonable Written i'nstmcttbns pf Bank and Public Entity concerning the transfer of custody of Collateral, collateral
re ords and other items. Upon the date set forth in the termination notice, this Agreement shall terminate except as
otherwise provided Sterein and all obligations of the parties to each other hereunder shall cease.
Miscellaneous
(a) Public Entity end Hank each agree to furnish to Custodian a new Certificate substantially in the form
of Exhibit A and Exhibit B, respectively, attached hereto in the event that any present Authorized Person causes to be
an Authorized Person or in the event that any other Authorized Persons are appointed and authorized. Until such new
Cprtifiicate is rccolved, Custodian shall be -fully protected in acting upon Written Inslruciions'or signatures of the present
Authodzed Persons.
(b) Custodian shall be entitled to rely upon any Certificate or Written Instruction actually received by
Custodian and reasonably believed by Custodian to be duly authorized and delivered. Notwithstanding anything herein
to the contrary, it is understood and agreed that regardless of the circumstances, Custodian shal l accept and solely act
upon Written Instructions.
(c) Any Writ(en instr ictipns or other instrument in writing authorized or required by this Agreement shall
be given to Custodian and shall be sufficiently given if sent to Custodian by regular mail to its -offices at
On The Bank of New York Mellon
Attention: GCS —Collateral Management
I0I Barclay Street, 4'h Floor
New York; NY 10286
orat such other place as Custodian May from time to time designate in writing..
(d) Any notice or other instrument in writing authorized or required by this Agreement to be given to
Bank.shall be sufficiently given if sent to Bank by regular mail to its offices at
Frost Capital Markets
Attention: Eileen Slatcr
100 W. Houston
San Antonio, Texas 78205
or atsuch other place as Bank may from time to time designate in writing.
DocuSign Envelope ID: 9CEA6DBA-AFB3-4F39-9A8E-33AF9DDF1670
-6-
(e) Any notice or other instrument in writing, authorized or required by this Agreemeiit.to be given to
Public Entity shall be sufficiently given if sent to Public Entity by regular mail to its offices at
Jennifer Miller, Director of Finance
City of Goppell
P.Q, Box 9478
Coppell, Texas 75019
or at such other offices as Public Entity may from time to time designate in writing.
(f) In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable
in any jurisdiction, the validity, legality and unenforceability of the remaining provisions or obligations shall not in any
Way be affected or impaired thereby and if any pruvisibn is .inapplicable to any person or circumstances, it shall
nevertheless remain applicable to all other persons and circumstances,
(g) This Agreemept may not be amended or modified In any manner except by written agreement
euduted by all of the parties hereto.
(h) This Agreement shall. extend to and be binding upon the parties hereto, and their respective successors
and assigns; provided however, that this Agreement shall not be assignable by any party without the written conscnt of
the:other parties.
(i) This Agreement shall be construed in accordance with the substantive laws of the State of Texas,
Withoot regard to conflicts. of laws principles thereoF In connection with any dispute arising hereunder, Bank, Public
Entity and Custodian hereby consent w .the non-exclusive jurisdiction of a state or federal court situated in the county
in. the State of Texas. in which Public Entity maintains its principal office. Bank, Public Entity and Custodian hereby
irrevocably waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have
to the laying of venue of any such proceeding brought in such a court and any claim that such proceeding brought in
such'a court has been brought in an inconvenient forum, Bank, Public Entity and Custodian each hereby irrevocably
Waives any and all rights to trial by jury in any legal proceeding arising out of or relating to this Agreement.
9, Waiver of lmmunity. Subject to applicable law governing the operations of thc'Public Entity, to the extent that
in any jurisdicdon any party may now or hereafter be entitled to claim, for Itself er its assets, immunity from suit,
execution, attachment (before or atter judgment) or other legal process, each party irrevocably agrees, to the. extent
permitted by law, not to claim, and it hereby waives, such immunity in connection with this Agreement.
9, Compliance with Texas Government Cade $eectjon 2270.002. As required by Section 2270.002 of the Texas
goverrimenl Code, Custodian hereby verifies that it does not boycott Israel and will not boycott Israel during the term
of this Agreement. For purposes of this Agreement, the phrase "boycott Israel" means refusing to deal with, terminating
business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel or in an Israeli -controlled territory, batt does not include an action made
for ordinary business purposes,
10. COmnliance with Texas Government Code Section -2252,152- Pursuant •to Section 2251152 of the Texas
Government Code, Custodian hereby verifies that -it 1s not engaged in active business operations with Sudan, Iran or a
foraign terrorist organization. For purposes of this Agreement, the phrase "foreign terrorist organization" ,means an
organization designated as a foreign terrorist organization by the United States.seoretary of state as'aulhorizedby 8
U.S.C. Section 1189,
DocuSign Envelope ID: 9CEA6DBA-AFB3-4F39-9A8E-33AF9DDF1670
-7-
II. beflnitiens
Whenever used in this Agreement, the following terms shall have lite fol {owing meanings,
(a) "Account" shall mean the custodial account established with Custodian for the benefit of Pulilic Entity
as secured party in accordance with this Agreement,
(b) "Authorized Person" shall be any QfFcer ofPublic Entity or Bank, as the case may be, duly authorized
to. give Oral Instructions or Written Instructions on behalf of Public Entity or Hank, such persons to be designated in a
Certificate substantially in tho fonn of Exhibit "A" for Public Entity or Exhibit "B" fat Bank attached hereto as such
exhibits may be amended from time to lime.
(c) "Approved Substitution" shall have the meaning set forth in paragraph (e) of Section ]of this
Agreement,
(d) "BQok-Entry System" shall mean the Federal Reserve/Treasury Book -Entry System for receiving and
delivering U.S. Government securities.
(e) "Business Day" shall mean any day on which Custodian and BaNc are open for Business and on which
the Book -Entry System and/or the Depositories arc open Far business.
(I) "Certificate" shall mean the Certificate of Authorized Parsons attached hereto as Exhibit "A" or
Exhibit "B"
(g) "Comptroller" shall have the meaning set forth in paragraph (d) of Section 5. of this Agreement.
(h) "Depository" shall include the Depository Trust Company and Any other securities depository and
clearing agency (and their successors and nominees) registered With the Securities and )Exchange Commission or
otherwise regulated by appropriate federal or state agenciesas a. securities depository or clearing agency.
(i) "Deposits" shall mean all deposits by Public )Entity in Bank that are available for all uses generally
permitted by Dank to Public .Entity for actually and finally collected binds under Bank's account agreement or policies.
0) "Market Value" shall mean, with respect to any Security held in ilia Actounl, the market value of such
Security as made. available to Custodian by a generally recognized source selected by Custodian plus, if not.reflccted in
the market value, any accrued interest thereon, or, if such source does not make available a market value, (lie market
value shall be as determined by Custodian in its sole discretion based .on information fumished to Custodian by one or
more brokers or dealers; provided however that, if agreed in writing "by the parties hereto, Bank may provide Custodian
with such Market Values.
(k) "Nationally Recognized Statistical Rating Organization shall mean Moody's, Standard and Pooes,
Fitch, Duff andPhelps, BankWatch and TSCA.
(1) 'tPublic Entity" shah mean a state or a political or governmental entity, agency, instrumentality, or
subdivision of the State of Texas, including a municipality, an institution of higher education, as defined by Section
:61.003, Texas Education Code, a junior college, a district created under Article XV1, Section 59, of ilia Texas
Constitution, and a public hospital.
(m) "Substitute Collateral" shall have the meaning set forth in paragraph b ofSection 1 of this Agreement,
(n) "Trust RccalpO shall, mean evidence of receipt, identification, and recording, including x written or
electronically transmitted advice or confirmation of transaction or statament of account, Bacli advice or confirmation
of transaction shell identify fhe Collateral which is the subject of the transaction and state the Market Vatue thereof.
Staternonis of account shall identify all Collateral in tho Account, the Aggregate Margin Value thereof, and the
applicable Collateral Requirement.
DocuSign Envelope ID: 9CEA6DBA-AFB3-4F39-9A8E-33AF9DDF1670
-B-
W "Uninsured Deposits" shall mean that portion of Public Entity's Deposits with Bank which exceeds
the insurance coverage available from the Federal Deposit insurance Corporation.
(p) "Written Instruction(s)" shell mean written communicatiops actually received by Custodian from an
Authorized Person or from a person reasonably believed by Custodian to be an Authorized Person by a computer, telex,
telecopier or any other System whereby the receiver.of such communications is able to verify by codes or otherwise
with a reasonable degree of certainty the identity.oFthe, sender of such communication.
[Signature Page Follows]
DocuSign Envelope ID: 9CEA6DBA-AFB3-4F39-9A8E-33AF9DDF1670
-9-
TN Wi'l'NESS WHEREOF, O parties hereto,have caused this Agreement to be executed by their respective
officers thereunto duly authorized and their respective seals to be hereunto affixed, as of the day and year first above
written.
By
CITY OF PPE , EXAS MOST BANK
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Name: Mike band
Name: Hlsa Arias
Ti la:City Manager Title: Vice President
THE BANK OF NEW YORIC ME, LLON TRUST
COMPANY, N.A.
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By:
David DiNardo
Name:
Title: Managing Director
Texpsnamycolldcp4,doc
11/677/I7
DocuSign Envelope ID: 9CEA6DBA-AFB3-4F39-9A8E-33AF9DDF1670
EXHIBIT A
CERTIFICATE OF AUTHORIZED PERSONS
(Public Entity - Written Instructions)
The undersigned hereby certifies that he/she is the duly elected and acting QjY anager of City of "per
Texas (the "Public Entity'), and further certifies that the following officers or employees of Public Entity have been
duly authorized in conformity with Public Entity's Chly Council to deliver Written Instructions to The Bank of New
York Mellon Trust Company, N.A. ("Custodian") pursuant to the Third Party Custodian Agreement between Public
Entity, Frost B ("Bank") and Custodian dated LaAugrtj 2012, and that the signatures appearing opposite their names
are true and correct:
Jennifer Miller DirectorofFinance
Name Title n gnature
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Kimberly Tiehen __
Name
Sapna Narsian
Name
Name
Asst. Director_of_finance
Title
Chief Accountant
Title
Signan e
Signature
Title Signature
Name Title Signature
Name Title Signature
Name Title Signature
Name Title Signature
Name Title Signature
This certificate supersedes any certificate of authorized individuals you may cumr}tVhave on file.
By:.
Title: Cily Managgir-
DocuSign Envelope ID: 9CEA6DBA-AFB3-4F39-9A8E-33AF9DDF1670
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$9.00 $ 54.00
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Credits Posted
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0.15 6.45
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5.40 102.60
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5.00 30.00
9.00 54.00
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-
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1
50.00 50.00
15.75 15.)5
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5
9.00 45.00
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Previous D."Reporting Accounts
15.00 -
-
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Previous DaV Rpting Detail Items
1,363
0.04 47.71
0.05 61.34
13.63 29%
Cash Manager Transfers
0.50 -
-
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Cash Manager Images
0.05 -
-
-
Cash Manager Stop Payments
8.00 -
-
-
Comm1 Online Bankng Transfers
28
0.50 14.00
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ClommOnline Bankng Stop Payments
6
8.00 4800
9.00 54.00
6.00 13%
Financial EDI Items
52
0.07 338
0.03 1.40
(1.98) -5S%
(CR Rom) Image Archive Services
-
-
mageArchweDiscs
1
25.00 25.00
-
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)41
0.04 29.64
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-
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(13.00) -100% Line item no longer used by Frost
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1
13.50 13.50
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-
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115.00 115.00
78.75 )8.)5
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Special Services
-
-
BA12 Reporting6
15.00 90.00
22.50 135.00
45.00 50%
Total Monthly Checking Cost
$ 1,936.2)
$1,578.86
(357.41) -18%
C',P FE L
File ID: 2020-5402
Version: 2
City of Coppell, Texas
Master
File Number: 2020-5402
Type: Agenda Item
Reference:
File Name: PD -304-H, Nixon Pence Residential, a zoning change
request from H (Historic) to PD -304-H (Planned
Development -304 — Historic), to allow for two
residential units on 0.442 acres of land located on the
west side of S. Coppell Road, South of W. Bethel
Road,
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Public Hearing
In Control:
City Council
File Created:
11/05/2020
Final Action:
Title: PUBLIC HEARING:
Consider approval of PD -304-H, Nixon Pence Residential, a zoning change
request from H (Historic) to PD -304-H (Planned Development -304 - Historic),
to allow for two residential units on 0.442 acres of land located on the west
side of S. Coppell Road, approximately 175 feet south of W. Bethel Road, at
the request of the property owner ANCH, LLC., being represented by Jorie
Brown with Hennessey Engineering Inc.
Notes:
Sponsors:
Attachments: City Council Memo.pdf, Staff Report.pdf, Site Plan.pdf,
Landscape Plan.pdf, Tree Survey.pdf, Elevations.pdf,
Floor Plan.pdf, Color Boards.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Ver- Acting Body: Date: Action: Sent To
sion:
1 Planning & Zoning 11/23/2020 Approved
Commission
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Due Date: Return Result:
Date:
Text of Legislative File 2020-5402
Title
PUBLIC HEARING:
Consider approval of PD -304-H, Nixon Pence Residential, a zoning change request from H
(Historic) to PD -304-H (Planned Development -304 - Historic), to allow for two residential units
Pass
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5402)
on 0.442 acres of land located on the west side of S. Coppell Road, approximately 175 feet
south of W. Bethel Road, at the request of the property owner ANCH, LLC., being represented
by Jorie Brown with Hennessey Engineering Inc.
Summary
Staff Recommendation:
Staff is recommending approval of PD -304-H, Nixon Pence Residential zoning change request.
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 2 Printed on 12/4/2020
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: December 8, 2020
Reference: PUBLIC HEARING: Consider approval of PD -304-H, Nixon Pence Residential, a zoning
change request from H (Historic) to PD -304-H (Planned Development -304 — Historic),
to allow for two residential units on 0.442 acres of land located on the west side of S.
Coppell Road, approximately 175 feet south of W. Bethel Road, at the request of the
property owner ANCH, LLC., being represented by Jorie Brown with Hennessey
Engineering Inc.
2030: Enhance the Unique "Community Oasis" Experience
Executive Summary:
This request is to allow the construction of two, two-story residences at 713 and 715 S Coppell Road.
One is proposed to be 3,880 square -feet and one to be 4,190 -square feet. The architect has designed this
project in a manner which is consistent with the Main Street project and the recently constructed house
to the south.
Introduction:
In April of this year, the subject property was cleared and the existing residence was demolished. The
initial plan was to build one residence; however, the proposal changed to what is currently being
requested - two single family residences.
Analysis:
Each of the proposed residences are a similar height (28.5') to the adjacent residence to the south (28.5').
They are both proposed to front on S. Coppell Road and will have the same setback from the street as the
residence and patio homes to the south. Access to each of the garages is provided for via a curb cut from
Burnet Street to a private mutual access easement shared by the two residence, which eliminates the need
for unsightly garage doors fronting on S Coppell Road. The applicant is proposing to reconfigure the
parking on the east side of Burnet Street and will install a landscape island with an overstory tree at the
north side of the entrance and a smaller island with shrubs on the south side. The Tree Survey indicates
that there were 94 -caliper -inches of trees removed. The Landscape Architect has worked diligently to
propose enough large trees on site to mitigate for the tree removal. The design of the residences are
representative of the Arts and Crafts architecture. The southern residence is proposed to be primarily
greyish brick, with dark grey shutters/doors and will have white accents. The northern residence is
proposed to be constructed with greenish -grey horizontal hardi-shake siding and brown stone. It will
have brown and white accents. Each residence will have front and side porches with the southernmost
having a second story balcony on the front.
I
Legal Review:
During the design phase of the project, the City Attorney advised that a tree survey and mitigation was
required because they were developing two lots rather than rebuilding one residence. Based on the tree
survey and landscaping plan, they are sufficiently mitigating all trees that were removed.
Fiscal Impact:
None
Recommendation:
The Planning & Zoning Commission unanimously (6-0) recommended approval. The following
conditions remain outstanding:
1. Detailed engineering review to take place with engineering permit submittal. For engineering
review, submit site plan and plans for paving, grading, utilities, and erosion control
2. Submit a copy of the proposed private easements prior to plat recordation.
Attachments:
1.
Staff Report
2.
Site Plan
3.
Landscape Plan (2 Pages)
4.
Tree Survey
5.
Elevations (2 Pages)
6.
Floor Plan
7.
Color Boards
2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD -304-14, Nixon.Pence Addition Lot 1 & 2, Block A
P&Z HEARING DATE: November 23, 2020
C.C. HEARING DATE: December 8, 2020
STAFF REP.:
Matthew Steer, AICP, Development Services Administrator
LOCATION:
713 & 715 South Coppell Road
SIZE OF AREA:
Approximately 0.44 acres of property
CURRENT ZONING:
H (Historic)
REQUEST:
A zoning change request from H (Historic) to PD -304-H (Planned Development -
304 — Historic), to allow for two residential units.
APPLICANT:
Owner:
Architect:
ANCH, LLC.
Mike Adams
Austin Nixon
Firmitas Design
Nixon Custom Homes
2735 Villa Creek Dr., Ste. 275
5930 Royal Ln., Ste. 202
Dallas, Texas 75234
Dallas, Texas 75230
469-682-8915
214-600-1508
mike(ea�,firmitasdesign.com
austin(aa,,nixoncustomhomes. com
Engineer:
Pete Hennessey
Hennessey Engineering, Inc.
1417 W. Main St., Suite 100
Carrollton, TX 75006-6912
972-245-9478
henen ®2 e(a,,aol. com
HISTORY: The Old Coppell Master Plan was accepted by City Council in April of 2002. On
May 13, 2003, Council amended the Land Use component of the 1996
Comprehensive Plan and enlarged the Historic Overlay district, as proposed in the
ITEM # 5
Page 1 of 4
Old Coppell Master Plan and as recommended in April, 2003, by the Planning and
Zoning Commission. On January 11, 2005, the HO (Historic Overlay) district,
containing various base zonings, was changed to a straight H (Historic) district,
which includes standards for construction, design guidelines and use regulations
for Old Coppell. In January 2007, 17 acres of the property to the west of the subject
property was rezoned to Historic and the future land use plan was amended to allow
for a continuation of the targeted uses outlined in the Old Coppell Master Plan -
retail, offices, restaurants and similar uses. In August 2010, the final plat of Old
Town (Main Street) was approved, subdividing the same property to the west of the
subject property for the purpose of establishing street rights-of-way and necessary
infrastructure to support development. In October 2017, a Planned Development
was approved, which allowed for a residence to be constructed on property to the
south of this request. In April of this year, the lot was cleared and the existing
residence on this lot was demolished. The initial intention was to build one
residence, however, the proposal changed to what is currently being requested - two
single family residences.
HISTORIC SIGNIFICANCE: There is no historic significance associated with this property.
TRANSPORTATION: South Coppell Road directly abutting this property is a two-lane 37 -foot undivided
concrete roadway within 75 feet of right-of-way.
On the rear side of this property, Burnet Street is a two-lane 24 -foot undivided street
within 80 feet of right-of-way. It was constructed in 2012 and contains
perpendicular on -street parking along both sides. A shared driveway from Burnet
will provide access to the proposed garages which are located on the back side of
the residences.
SURROUNDING LAND USE & ZONING
North — Allstate Office; H (Historic)
South — Residence; PD -206R -H (Planned Development -206 Revised -Historic)
East — Old Town (Main Street) Phase 11 Patio Homes; PD -108R1 1 -H (Planned
Development -234 Revised -Historic)
West — Old Town (Main Street) Office Cottages; PD -250R10 -H (Planned
Development -250 Revision 10 -Historic)
COMPREHENSIVE PLAN:
The Comprehensive Plan of March 2011 shows the property as suitable for
development in accordance with the Old Coppell Historic District.
DISCUSSION: Site Plan
This request is to allow the construction of two, two-story residences. One is
proposed to be 3,880 square -feet and one to be 4,190 -square feet. The architect has
designed this project in a manner which is consistent with the Main Street project
and the recently constructed house to the south.
Each of the proposed residences are a similar height (28.5') to the adjacent
residence to the south (28.5'). They are both proposed to front on S. Coppell Road
and will have the same setback from the street as the residence and patio homes to
ITEM # 5
Page 2 of 4
the south. A private drainage and utility easement is proposed along the common
property line.
Parking:
Each of the residences are providing the two required enclosed parking spaces
within the garages located at the rear of the site. Access to each of the garages is
provided for via a curb cut from Burnet Street to a private mutual access easement
shared by the two residences.
Landscaping:
Residential lots are not regulated in terms of landscape area; however, the plant
materials will match those used throughout Old Town. As mentioned, the curb cut
on Burnet Street will be at the mutual lot line between the two residences. The
applicant is proposing to reconfigure the parking on the east side of Burnet Street
and will install a large landscape island with an overstory tree at the north side of
the entrance and a smaller one with shrubs on the south side. The plant materials
will need to be shown on the landscape plan and this is listed as a condition of
approval.
Tree Requirements:
The Tree Survey indicates that there were 94 -caliper -inches of trees removed. The
Landscape Architect has worked diligently to propose enough trees on site to
mitigate for the tree removal. They are proposing to plant four 6 -caliper -inch Cedar
Elms, ten 3 -caliper -inch Magnolias, two 6 -caliper inch Red Oaks, two 6 -caliper -
inch October Glory Maples to offset any cost involved.
Elevations:
The proposed materials for each of the residences are representative of the Arts and
Crafts architecture. The southern residence is proposed to be primarily grey -blue
brick, with dark grey shutters/doors and will have white accents. The northern
residence is proposed to be constructed with greenish -grey horizontal hardishake
siding and brown stone. It will have brown and white accents. Each residence will
have front and side porches with the southernmost having a second story balcony
on the front.
Contingent on the minor drafting issues listed below being addressed, staff
recommends approval.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request subject to the following conditions:
1. Detailed engineering review to take place with engineering permit submittal. For engineering review,
submit site plan and plans for paving, grading, utilities, and erosion control
2. Submit a copy of the proposed private easements prior to plat recordation.
3. Ensure the landscape island reconfiguration to accommodate the shared drive is indicated on the
Landscape Plan as shown on the Site Plan, and the plant materials are labeled.
4. Ensure all plans have the same easements and the same driveway configuration off Burnet Street.
5. Label all colors and materials on each building elevation.
ITEM # 5
Page 3 of 4
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Site Plan
2. Landscape Plan (2 Pages)
3. Tree Survey
4. Elevations (2 Pages)
5. Floor Plan
6. Color Boards
ITEM # 5
Page 4 of 4
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File ID: 2020-5272
Version: 3
City of Coppell, Texas
Master
File Number: 2020-5272
Type: Agenda Item
Reference:
File Name: 2018 International Swimming Pool and Spa Code
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 08/27/2020
Final Action:
Title: Consider approval of an Ordinance of the City of Coppell amending the Code
of Ordinances by amending Chapter 15, "Other Codes Adopted" Article
15-11, "Swimming Pool and Spa Code" to provide for the adoption of the
International Swimming Pool and Space Code, 2018 Edition; and authorizing
the Mayor to sign.
Notes:
Sponsors:
Attachments: Council Memo - ISPSC Code Adoption.pdf, Ordinance
- Adopting 2018 Int Swimming Pool and Spa Code.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
1 Board of Adjustment 09/10/2020 Approved Pass
Text of Legislative File 2020-5272
Title
Consider approval of an Ordinance of the City of Coppell amending the Code of Ordinances by
amending Chapter 15, "Other Codes Adopted" Article 15-11, "Swimming Pool and Spa Code"
to provide for the adoption of the International Swimming Pool and Space Code, 2018 Edition;
and authorizing the Mayor to sign.
Summary
Staff Recommendation:
Staff is recommending approval.
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5272)
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 2 Printed on 12/4/2020
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MEMORANDM
To: Mayor and City Council
From: Suzanne Arnold, Chief Building Official
Date: December 8, 2020
Reference: Consider the adoption of the 2018 International Swimming Pool and Spa Code
2030: Special Place to Live
Executive Summary:
The City is seeking to adopt and amend the 2018 International Swimming Pool and Spa Code.
Introduction:
The International Swimming Pool and Spa Code (ISPSC) was developed by the International Code
Council in partnership with the Pool and Hot Tub Alliance (formerly the Association of Pool and Spa
Professionals and the National Swimming Pool Foundation). It is the first International model code
to focus on pool safety. Effective September 1, 2020, Texas House Bill 2858 adopts the 2018
International Swimming Pool and Spa Code as the mandatory municipal swimming pool and spa
code in the State of Texas. Coppell's Building and Standards Commission voted unanimously to
recommend adoption of the 2018 International Swimming Pool and Spa Code on September 10, 2020.
Staff presented the draft amendments to Council in the November 10, 2020, Work Session.
Analysis:
The ISPSC expands on existing pool regulations and best practices to produce a comprehensive code for the
design of swimming pools, spas, and other aquatic recreation facilities. It is written to work with the other
International codes for topics like electrical, plumbing, energy, and accessibility. The ISPSC divides
jurisdiction over pools between residential (Building Inspection Division) and public facilities
(Environmental Health Division).
The content of the ISPSC overlaps and expands on existing regulations adopted by the City of Coppell. The
fence and barrier portion of the ISPSC was adopted by the City in 2017 as an amendment to the International
Residential Code. The City has also adopted and amended the Standards for Public Swimming Pools and
Spas by the Texas Department of State Health Services. The amendments to the ISPSC, as proposed herein,
work to reconcile the code with State and local regulations. The ISPSC also states that where a conflict arises
between regulations, the strictest shall apply.
The International Swimming Pool and Spa Code focuses on safety in several respects, with key topics as
follows:
Securing the pool area with barriers, so that no one, especially small children, can enter the
pool area without the owner's consent (or the proprietor's consent for public pools). Key
elements include fences, door alarms, and pool covers.
• Preventing suction entrapment under water by configuring drains and equipment.
• Ensuring physical safety through elements like specifying depth requirements for diving and
slide pools, ladder requirements, hand holds, accessibility features, etc.
Proposed Code amendments include the following:
• References to State and local regulations, and language to match
• Clarification regarding the potential to climb staggered horizontal fence boards
• Vehicular gates cannot be part of the fence enclosure (intermediate barrier required)
The adoption of the 2018 International Swimming Pool and Spa Code is not just a Texas mandate. It
is essential to protect our citizens from drowning hazards in pools.
Attachment:
Proposed text for the adoption and amendments to the 2018 International Swimming Pool and Spa
Code
Legal Review:
The documents were reviewed by Bob Hager at NJDHS.
Fiscal Impact:
N/A
Recommendation:
The Community Development Department recommends the adoption of the 2018 International
Swimming Pool and Spa Code and amendments.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 15, "OTHER
CODES ADOPTED" ARTICLE 15-11, "SWIMMING POOL AND SPA
CODE" TO PROVIDE FOR THE ADOPTION OF THE
INTERNATIONAL SWIMMING POOL AND SPA CODE, 2018 EDITION;
PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00); PROVIDING FOR SEVERABILITY;
PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That Chapter 15 of the Coppell Code of Ordinances be, and the same is,
hereby amended by adding Article 15-11, "Swimming Pool and Spa Code", Sections 15-11-1
and 15-11-2 to provide for the adoption of the International Swimming Pool and Spa Code, 2018
Edition, which shall read as follows:
"CHAPTER 15. OTHER CODES ADOPTED
ARTICLE 15-11. . . . .
ARTICLE 15-11. Swimming Pool and Spa Code
Section 15-11-1.
The 2018 edition of the International Swimming Pool and Spa Code is hereby adopted as
the official swimming pool and spa code of the city. The pool and spa code is fully
incorporated by reference as though copied into this section in its entirety. The material
contained within shall not be included in the formal municipal codification of ordinances
but shall be maintained as a public record in the office of the city secretary and will be
available for public inspection and copying during regular business hours.
Section 15-11-2.
The swimming pool and spa code adopted in this article shall be subject to the exceptions
and amendments to the International Swimming Pool and Spa Code, 2018 edition, as
follows:
TM 117679
Section 102.7; Amend to read as follows:
Section 102.7 Referenced codes and standards. The standards that are referenced in
this code shall be those that are listed in Chapter 11. The codes that are referenced in this
code shall mean the codes adopted in Chapter 15 of the City of Coppell Code of
Ordinances. Such codes and standards shall be considered to be a part of the
requirements of this code to the prescribed extent of this code. [remainder unchanged]
Section 102.9; Amend to read as follows:
Section 102.9 Other laws. The provisions of this code shall not be deemed to nullify any
provisions of local, state or federal law, to include but not limited to;
1. Texas Department of State Health Services (TDSHS); Standards for Public
Pools and Spas; §285.181 through §285.208, (TDSHS rules do not apply to pools
serving one- and two family dwellings or townhouses).
2. Texas Department of Licensing and Regulation (TDLR); 2012 Texas
Accessibility Standards (TAS), TAS provide the scoping and technical requirements
for accessibility for Swimming Pool, wading pools and spas and shall comply with
2012 TAS, Section 242. (TAS rules do not apply to pools serving one- and two family
dwellings or townhouses).
Exception: Elements regulated under Texas Department of Licensing and Regulation
(TDLR) and built in accordance with TDLR approved plans, including any variances or
waivers granted by the TDLR, shall be deemed to be in compliance with the requirements
of this Chapter.
Section 103.1; Amend to read as follows:
Section 103.1 Creation of enforcement agency. The City of Coppell Building
Inspection Department is hereby created and the official in charge thereof shall be known
as the code official The City of Coppell Environmental Health Department is hereby
created and the official in charge thereof shall be known as the code official for operation
and maintenance of any public swimming pool in accordance this code, local and state
law.
Section 105.3; Add paragraph to read as follows:
Section 105.3 Construction documents. [Code text unchanged] The plans and
specifications shall be submitted under the seal of a registered professional engineer or
registered architect with the statement that they meet the requirements of the state
standards for public swimming pools and spas.
Section 107.4; Delete, in its entirety
107.5; Amend to read as follows:
2 TM 117679
107.5 Stop work orders. Upon notice from the code official, work on any system that is
being done contrary to the provisions of this code or in a dangerous or unsafe manner
shall immediately cease. Such notice shall be in writing and shall be given to the owner
of the property, or to the owner's agent, or to the person doing the work. The notice shall
state the conditions under which work is authorized to resume. Where an emergency
exists, the code official shall not be required to give a written notice prior to
stopping the work. Any person who shall continue any work in or about the structure
after having been served with a stop work order, except such work as that person is
directed to perform to remove a violation or unsafe condition, shall be in violation of this
code.
Section 202; DEFINITIONS; insert definition; amend to read as follows:
City of Coppell Environmental Health Department regulates the operation of public
pools. Routine inspections on pools and spas open to the public are conducted to
document compliance with the standards set forth in State law.
Section 305; Amend to read as follows:
305.1 General.
The provisions of this section shall apply to the design of barriers for restricting entry
into areas having pools and spas. In one -and two-family dwellings and townhouses, where
spas or hot tubs are equipped with a lockable safety cover complying with ASTM
F1346 and swimming pools are equipped with a powered safety cover that complies
with ASTM F1346, the areas where those spas, hot tubs or pools are located shall not be
required to comply with Sections 305.2 through 305.7.
Section 305.2; Amend to read as follows:
305.2 Outdoor swimming pools and spas. Outdoor pools and spas and indoor
swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1
through 305.7 and in accordance with the Texas Administrative Code, Texas Health and
Safety Code 757 for public pools.
Section 305.2.3; Add sentence to read as follows:
305.2.5 [Code text unchanged]... Horizontal fence boards that are staggered or lapped
to create indentions and protrusions are not permitted to face the outside of the pool
barrier.
Add subsection 305.2.7.1; to read as follows:
305.2.7.1 Chain link fencing prohibited. Chain link fencing is not permitted as a barrier
in public poolsbuilt after January 1, 1994.
Section 305.3.1 Add subsection 305.3.1 to read as follows:
3 TM 117679
305.3.1 Vehicular gate as a barrier. In one -and two family dwellings and townhouses,
gates intended for vehicular passage are not permitted as a component of a pool barrier.
Section 305.4 structure wall as a barrier; Amends as follows:
305.4 Structure wall as a barrier. Where a wall of a one and two family dwelling or
townhouse or its accessory structure serves as part of a barrier and where doors or
windows provide direct access to the pool or spa through that wall, one of the following
shall be required:
1. Remainder Unchanged
2. Remainder Unchanged
3. Remainder Unchanged
The wall of a building with windows in accordance with the International Building Code,
Section 1030 in Group R2 occupancies shall not be used as part of pool enclosure. Other
windows that are part of a pool yard enclosure shall be permanently closed and unable to
be opened for public pools.
Section 305.6; Amend to read as follows:
305.6 Natural barriers used in a one and two family dwelling or townhouse. In the
case where the pool or spa area abuts the edge of a lake or other natural body of water,
public access is not permitted or allowed along the shoreline, and required barriers extend
to and beyond the water's edge a minimum of eighteen (18) inches, a barrier is not
required between the natural body of water shoreline and the pool or spa.
Section 307.1.4 Accessibility; Add exception to Section to 307.1.4 as follows:
Exception: Components of projects regulated by and registered with Architectural
Barriers Division of the Texas Department of Licensing and Regulation shall be deemed
to be in compliance with the requirements of this chapter.
Section 310; Amend to read as follows:
310.1 General. Suction entrapment avoidance for pools and spas shall be provided in
accordance with APSP 7 or for public swimming pools in accordance with State of Texas
Rules for Public Swimming Pools and Spas, Title 25 TAC Chapter 265 Subchapter L,
Rule §265.190.
[Remainder unchanged]
Section 313.7; Amend to read as follows:
313.7 Emergency shutoff switch for spas and hot tubs. A clearly labeled emergency
shutoff or control switch for the purpose of stopping the motor(s) that provide power to
the recirculation system and jet system shall be installed at a point readily accessible to
the users and not less than 1.5 m (5 ft.) away, adjacent to, and within sight of the spa or
hot tub. This requirement shall not apply to one and two family dwellings and
4 TM 117679
townhouses.
Section 402.12; Amend to read as follows:
402.12 Water envelopes. The minimum diving water envelopes shall be in
accordance with Texas department of State Health services, Administrative Code
Title 25, Chapter 265, Section 186 (e) and Figure: 25 TAC 256.186 (e) (6). Which are
as follows: (Delete Table 402.12 and Figure 402.12)
Maximum Diving Board Height Over
Water
3/4 Meter
1 Meter
3 Meters
Max. Diving Board Length
12 ft.
16 ft.
16 ft.
Minimum Diving Board Overhan
2 ft. 6 in.
5 ft.
5 ft.
DI Minimum
8 ft. 6 in.
11 ft.
2 in.
12 ft.
2 in.
D2 Minimum
9 ft.
10 ft.
10 in. 1111
ft.
10 in.
D3 Minimum 114
ft.
16 ft.
16 ft.
Ll Minimum 114
ft.
1 5 ft.
15 ft.
L2 Minimum
112 ft.
16 ft.
5 in.
19 ft.
9 in.
L3 Minimum
114 ft. 10 in.
13 ft.
2 in.
13 ft.
11 in.
L4 Minimum
130 ft. 10 in.
34 ft.
7 in.
38 ft.
8 in.
L5 Minimum
18 ft.
10 ft.
13 ft.
H Minimum
116 ft.
16 ft.
16 ft.
From Plummet to Pool Wall at Side I
9 ft.
10 ft.
11 ft.
6 in.
From Plummet to Adjacent Plummet
10 ft.
10 ft.
10 ft.
H (Overhead
Obstruction or Ceiling)
2' 6" Min.
Pt A Pt. B Pt. C
.--- ►
4' Min
4' 6" D
ll0 Mar--► 1:�
R 6' 6" Typical I :;; 2 � 1
30° Max. 10 Max Slobe
L2 L3
Ll Typical
L4
5 TM 117679
4' Min
Section 402.13; Amend to read as follows:
402.13 Ladders for diving equipment. Ladders shall be provided with two grab rails
or two handrails. There shall be a uniform distance between ladder treads, with a 7 inch
(178 mm minimum) distance and 12 inch (305 mm) maximum distance. Supports,
platforms, steps, and ladders for diving equipment shall be designed to carry the
anticipated loads. Steps and ladders shall be of corrosion -resistant material, easily
cleanable and with slip -resistant tread;
Section 411.2.1 & 411.2.2; Amend to read as follows:
411.2.1 Tread dimensions and area. Treads shall have a minimum unobstructed
horizontal depth (i.e., horizontal run) of 12 inches and a minimum width of 20 inches.
411.2.2 Risers. Risers for steps shall have a maximum uniform height of 10 inches,
with the bottom riser height allowed to taper to zero.
Section 411.5.1 & 411.5.2; Amend to read as follows:
411.5.1 Swimouts. Swimouts, located in either the deep or shallow area of a pool,
shall comply with all of the following:
1. Unchanged
2. Unchanged
3. Unchanged
4. The leading edge shall be visibly set apart and provided with a horizontal solid or
broken stripe at least 1 inch wide on the top surface along the front leading edge of each
step. This stripe shall be plainly visible to persons on the pool deck. The stripe shall be a
contrasting color to the background on which it is applied, and the color shall be
permanent in nature and shall be a slip -resistant surface
411.5.2 Underwater seats and benches. Underwater seats and benches, whether used
alone or in conjunction with pool stairs, shall comply with all of the following:
1. Unchanged
6 TM 117679
2. Unchanged
3. Unchanged
4. Unchanged
5. The leading edge shall be visually set apart and provided with a horizontal solid or
broken stripe at least 1 inch wide on the top surface along the front leading edge of each
step. This stripe shall be plainly visible to persons on the pool deck. The stripe shall be
contrasting color to the background on which it is applied, and the color shall be
permanent in nature and shall be a slip -resistant surface.
6. Unchanged
7. Unchanged
Section 601.3; Add paragraph to read as follows:
601.3 General. [Code text unchanged] The Standards for Public Interactive Water
Features and Fountains adopted by the Texas Department of Health Services as Texas
Administration Code 265.301 through 265.308, as amended, and as amended in this
ordinance, herein adopted as the City of Coppell Public Interactive Water Features and
Fountains Construction, Operation, and Maintenance Regulations, shall apply.
Section 603.2; Amend to read as follows:
Class A and B pools: Class A and B pools over 5 feet deep: the transition point of the
pool from the shallow area to the deep area of the pool shall be visually set apart with a
4 -inch minimum width row of floor tile, a painted line, or similar means using a color
contrasting with the bottom; and a rope and float line shall be provided between 1 foot
and 2 feet on the shallow side of the 5 -foot depth along and parallel to this depth from
one side of the pool to the other side. The floats shall be spaced at not greater than 7 -foot
intervals; and the floats shall be secured so they will not slide or bunch up. The stretched
float line shall be of sufficient size and strength to offer a good handhold and support
loads normally imposed by users. If the owner or operator of the pool knows or should
have known in the exercise of ordinary care that a rope or float is missing, broken, or
defective, the problem shall be promptly remedied
Section 610.5.1; Amend to read:
610.5.1 Uniform height of 10 inches. Except for the bottom riser, risers at the centerline
shall have a maximum uniform height of 10 inches (254 mm). The bottom riser height
shall be permitted to vary from the other risers.
Section 804 Diving Water Envelopes; Amend to read as follows:
Section 804.1 General. The minimum diving water envelopes shall be in accordance
with Table 804.1 and Figure 804.1, or the manufacturer's specifications, whichever is
greater. Negative construction tolerances shall not be applied to the dimensions of the
minimum diving water envelopes given in Table 804.1."
7 TM 117679
11111 Ill will Ili lift Ill 11 ill'!' 13 1 1
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MINE WIN I I 1 11111111111111 11 11 .0
SECTION 5. Providing for a penalty for violation of this ordinance not to exceed ths-
�irpl� 1711 -Mm
11111111111 F1111111111 I
111111111111 %1111 � I
DULY PASSED by the City Council of the City of Coppell, Texas, this the _ day of
2O2O.
8 TM 117679
APPROVED:
KAREN SELBO HUNT, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
TM 117679
C',P FE L
File ID: 2020-5416
Version: 1
City of Coppell, Texas
Master
File Number: 2020-5416
Type: Agenda Item
Reference:
File Name: Article 9-2, Fence Regulation Revisions
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 11/25/2020
Final Action:
Title: Consider approval of an Ordinance of the City of Coppell amending the Code
of Ordinances by amending Chapter 9 "General Regulations", Article 9-2
"Fence Regulations" of the Code of Ordinances to amend Section 9-2-1
definitions and by amending by revising Section 9-2-11 through 9-2-13; and
authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Council Memo - Fence Ordinance Revisions.pdf,
Ordinance amending Art. 9-2 Fence Regulations.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5416
Title
Consider approval of an Ordinance of the City of Coppell amending the Code of Ordinances by
amending Chapter 9 "General Regulations", Article 9-2 "Fence Regulations" of the Code of
Ordinances to amend Section 9-2-1 definitions and by amending by revising Section 9-2-11
through 9-2-13; and authorizing the Mayor to sign.
Summary
Staff Recommendation:
Staff is recommending approval of the revisions to Article 9-2, Fence Regulations.
Sustainable Government
City of Coppell, Texas Page 1 Printed on 12/4/2020
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MEMORANDM
To: Mayor and City Council
From: Suzanne Arnold, Chief Building Official
Date: December 8, 2020
Reference: Consider revisions to Article 9-2, Fence Regulations
2030: Special Place to Live
Executive Summary:
The City is seeking to revise the existing Fence Ordinance.
Introduction:
Community Development staff propose to add the pool fence requirements from the International
Swimming Pool and Spa Code to the Fence Regulations in Article 9-2 of the Code of Ordinances.
Staff is also proposing changes to the content of the existing fence ordinance to address permit
exemption, fence height, and aesthetic properties facing streets. Staff presented the fence ordinance
changes to Council in Work Session on November 10, 2020. Due to a concern raised by the Public
Works Department subsequent to that meeting, staff has removed the proposed setback exception
between vehicular gates and the alley which allowed the gates to be in the alley side of the fence.
The concern related to encroaching into the needed five-foot space to perform alley and utility
maintenance.
Analysis:
The following changes are proposed:
• Add the pool fence regulations from the 2018 International Swimming Pool and Spa Code and
amendments
• Clarify permit exemption:
o Current ordinance states that replacing less than 50% does not require a permit; proposed
ordinance adds a 6 -month wait.
o New language clarifies that regardless of permitting, the fence must comply with all codes
and ordinances.
o Replacement of fences enclosing pools, and fences on properties where the side or rear faces
a public street, must always get a permit, regardless of what percentage is being replaced.
Any change in height, location, or materials also requires a permit.
• Height clarification: Increasing the allowable height of fences to 9 feet to allow for trim and ground
clearance at Council's recommendation.
• Any fence facing a street must have the posts and rails facing the inside of the yard.
Attachment:
Proposed text for the revised fence ordinance
Legal Review:
The documents were reviewed by Bob Hager at NJDHS.
Fiscal Impact:
N/A
Recommendation:
The Community Development Department recommends adoption of the revisions of Article 9-2,
Fence Regulations.
2
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
CODE OF ORDINANCES BY AMENDING CHAPTER 9 "GENERAL
REGULATIONS", ARTICLE 9-2 "FENCE REGULATIONS" OF THE CODE
OF ORDINANCES TO AMEND SECTION 9-2-1 DEFINITIONS AND BY
AMENDING BY REVISING SECTIONS 9-2-11 THROUGH 9-2-13;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM
OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Chapter 9 "General Regulations", Article 9-2 "Fence Regulations", by
amending Section 9-2-1 Definitions; and, amending by revising Sections 9-2-11 through 9-2-13 to
the Code of Ordinances be, and the same is hereby, amended to read as follows:
"CHAPTER 9 — GENERAL REGULATIONS
ARTICLE 9-2. — FENCE REGULATIONS
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Composite means ....
Rear yard means a space unoccupied by principal structure extending for the full
width of the lot between a principal structure and the rear lot.
Repair shall mean the construction, reconstruction or repair of 50 percent or less of
the perimeter of an existing fence.
TM 117671
Sec. 9-2-2. - Fence permit required.
It shall be unlawful for any person to erect, replace or repair a fence, as defined herein,
without first obtaining a permit in accordance with the regulation set forth in this
chapter.
A permit shall not be required to replace less than 50% an existing fence within a 6 -
month period. Exemption from permitting does not constitute permission to violate
any of the provisions of this ordinance.
Exception: A permit is always required if any of the following conditions exist: the
fence encloses a pool or spa, the fence faces a public street, or here is a change in
height, location, or materials.
An application for a permit must be submitted by the applicant and contain the
following information:
A. .....
F. Material of fence
Sec. 9-2-6. - Location and height regulations.
A. Height. It shall be unlawful to erect or maintain a fence at a height exceeding
nine feet as measured from grade on the inside of the fence.
B. Rear yard Where driveways connect to alleys in commercial, industrial and
residential areas, fences shall be only constructed along the rear lot line of any lot to
within five feet of a point where the driveway would intersect the alley pavement at
90 degrees. Fences to be constructed along any driveway or property line shall not be
constructed within five feet of the alley pavement.
E. Fences to be constructed parallel to alleys shall not be constructed within five
feet of the paved portion of the alley.
2
TM 117671
Sec. 9-2-8. - Prohibited materials.
Materials prohibited in fences are barbed wire, razor ribbon, sheet metal, chain-link,
vinyl or polyvinyl, or any other similar material, except that barbed wire and/or black
coated chain link is permitted for fencing for agriculture- or industrial -zoned
property, and for industrial -zoned property where the fence is not visible from the
public right of way.
Sec. 9-2-11. — Posts and horizontal members.
Fence posts and horizontal members must face the inside of the fence where
either of the following conditions exits:
A. The fence encloses a swimming pool or spa.
B. The fence faces a public street.
Sec. 9-2-12. — Automated gate closers. Automatic gate closers must be equipped with
an approved stop -and -reverse mechanism
Sec. 9-2-13. — Fences as barriers enclosing residential swimming pools or spas.
A. All fences enclosing pools or spas for one- and two-family dwellings must
comply with the provisions of the International Swimming Pool and Spa Code,
as adopted and amended in Chapter 15 of this ordinance.
a. Exception: The pool or spa is equipped with an approved automatic safety
cover
B. General provisions
a. Height and clearances. The top of the pool fence shall be at least 48 inches
above grade measured on the side of the fence that faces away from the
swimming pool. The maximum gap between grade and the bottom of the
fence shall be no greater than 2 inches.
3
TM 117671
b. Solid barrier surfaces. Pool fences shall not contain indentations or
protrusions except for normal construction tolerances and tooled masonry
j oints.
c. Horizontal fence rails. The posts and horizontal members must be located
on the pool side of the fence.
d. Horizontal fence boards. Horizontal fence boards that are staggered or
lapped to create indentions and protrusions are not permitted to face the
outside of the pool fence.
e. Spacing. Spacing between vertical members shall be not greater than 1 3/4
inches in width.
C. Pedestrian gates. Access doors or gates shall be equipped to accommodate a
locking device. Pedestrian access doors or gates shall open outward away from
the pool and shall be self-closing and have a self -latching device. Where the
release mechanism of the self -latching device is located less than 54 inches
from the bottom of the door or gate, the release mechanism shall be located on
the pool side of the door or gate no less than 3 inches below the top of the door
or gate, and the door or gate and barrier shall be without openings greater than
'/z inch within 18 inches of the release mechanism.
D. Vehicular gates. Gates intended for vehicular passage are not permitted as a
component of a pool barrier."
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity
of the Code of Ordinances as a whole.
4
TM 117671
SECTION 4. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 5. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor
and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine
not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; and each and every day
such violation is continued shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
2020.
KAREN SELBO HUNT, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
TM 117671
City of Coppell, Texas
C',P FE L
File ID: 2020-5411
Version: 1
File Name: Ordinance - Varidesk 2020
Master
File Number: 2020-5411
Type: Ordinance
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Public Hearing
In Control:
City Council
File Created:
11/23/2020
Final Action:
Title: PUBLIC HEARING:
Consider approval of an Ordinance designating Varidesk, LLC, Reinvestment
Zone No. 111 pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act, and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Varidesk PH and Ordinance Memo.pdf, Varidesk -
Public Hearing Notice 2020.pdf, Varidesk Ordinance -
2020.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5411
Title
PUBLIC HEARING:
Consider approval of an Ordinance designating Varidesk, LLC, Reinvestment Zone No. 111
pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act, and
authorizing the Mayor to sign.
Summary
The Public Hearing Notice was published in the Rambler Newspaper on Saturday, November
28, 2020. The public hearing is for the designation of a reinvestment zone for Varidesk, LLC.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5411)
Staff Recommendation:
Community Development recommends approval.
Strategic Pillar Icon:
City of Coppell, Texas Page 2 Printed on 12/4/2020
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: December 8, 2020
Reference: Consider approval of an Ordinance designating Varidesk, LLC, Reinvestment Zone
No. 111 pursuant to Section 312.201 of the Property Redevelopment and Tax
Abatement Act, and authorizing the Mayor to sign.
2040: Create Business and Innovation Nodes
Executive Summary:
Varidesk, LLC produces flexible office space solutions and office furniture. They are scheduled to
purchase the land at the NEC of Freeport Parkway and State Highway 121 to construct their new
corporate headquarters. This public hearing and ordinance are required to create Reinvestment
Zone No. 111.
Introduction:
Varidesk, LLC produces flexible office space solutions and office furniture. Varidesk, now referred
to as Vari, started in Coppell. They were originally located in shared space with Gemmy Industries
at 117 Wrangler Drive. Due to the growth of the company, Varidesk expanded to the point of
needing their own lease space. In 2016, they leased approximately 38,000 square feet of space at
1221 S. Belt Line Road with approximately 90 employees. The popularity of the brand has
continued to grow, and they have expanded their lease space over the past few years to
accommodate their continued growth. Vari has now made the decision to vacate their current lease
space to build and occupy a new corporate headquarters.
After an extensive search for the best site, they have selected the property located at the northeast
corner of Freeport Parkway and State Highway 121. Vari will construct their new corporate
headquarters at this site, which will range anywhere from 140,000 — 180,000 square feet in size.
They will also use a portion of this square footage as one of their new VariSpace concepts until the
need arises for them to occupy the entire building themselves. Their decision to purchase this site
in Coppell is based heavily on the approval of the incentive package before City Council this
evening.
In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In order to
create a reinvestment zone by ordinance, a public hearing must be held. This item satisfies both of
those requirements. The public hearing is held to determine if the improvements in the zone are
feasible, practical and of benefit to the land. The ordinance will create Reinvestment Zone No. 111.
Analysis:
The Public Hearing Notice was published in the Rambler Newspaper on Saturday, November 28,
2020. The public hearing is for the designation of a reinvestment zone for Varidesk, LLC, property
described as a 9.84 acre (428,553 square foot) tract of land situated in the Thomas W. Cousey
Survey, Abstract Number 317, City of Coppell, Dallas County, Texas, and being part of Lot 1,
Block 1 of Lots 1 & 2, Phase 1, Block 1, One Twenty One Business Park, an addition to the City of
Coppell, Dallas County, Texas, as recorded in Volume 99157, Page 27 of the Deed Records of
Dallas County, Texas (D.R.D.C.T.) and being all of a tract of land described in Special Warranty
Deed to Sealy Canyon Drive Land, LLC, as recorded in Instrument Number 201600333502 of the
Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), and being all of Lot 6R, Block A
of Prologis Park One Twenty One, Lots 5R and 6R, Block A, an addition to the City of Coppell,
Dallas County, Texas, as recorded in Instrument Number 201600331182, O.P.R.D.C.T. and being
all of called 5.93 acre tract of land described in deed to Prologis Logistics Services Incorporated, as
recorded in Instrument Number 201500253657, O.P.R.D.C.T., located north of Freeport Parkway
and east of State Highway 121, Coppell, Texas
Legal Review:
The documents were created by Pete Smith.
Fiscal Impact:
N/A
Recommendation:
Staff recommends approval.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 8th day of December,
2020, at 7:30 P.M., to consider designation of the property
described as a 9.84 acre (428,553 square foot) tract of land
situated in the Thomas W. Cousey Survey, Abstract Number 317,
City of Coppell, Dallas County, Texas, and being part of Lot 1,
Block 1 of Lots 1 & 2, Phase 1, Block 1, One Twenty One Business
Park, an addition to the City of Coppell, Dallas County, Texas,
as recorded in Volume 99157, Page 27 of the Deed Records of
Dallas County, Texas (D.R.D.C.T.) and being all of a tract of
land described in Special Warranty Deed to Sealy Canyon Drive
Land, L.L.C, as recorded in Instrument Number 201600333502 of
the Official Public Records of Dallas County, Texas
(O.P.R.D.C.T.), and being all of Lot 6R, Block A of Prologis
Park One Twenty One, Lots 5R and 6R, Block A, an addition to the
City of Coppell, Dallas County, Texas, as recorded in Instrument
Number 201600331182, O.P.R.D.C.T. and being all of called 5.93
acre tract of land described in deed to Prologis Logistics
Services Incorporated, as recorded in Instrument Number
201500253657, O.P.R.D.C.T., located north of Freeport Parkway and
east of State Highway 121, Coppell, Texas, Varidesk, LLC as a
Reinvestment Zone under Chapter 312 of the Texas Property Tax
Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
The Rambler on Saturday, November 28, 2020
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
& OPEN CARRY LEGISLATION
The City of Coppell acknowledges its responsibility to comply
with the Americans With Disabilities Act of 1990. Thus, in
order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative
audio/visual devices, and amanuenses) for participation in or
access to the City of Coppell sponsored public programs,
services and/or meetings, the City requests that individuals
make requests for these services forty-eight (48) hours ahead of
the scheduled program, service, and/or meeting. To make
arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1 -800 -RELAY, TX
1-800-735-2989).
Pursuant to Section 30.06, Penal Code (trespass by license
holder with a concealed handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a concealed handgun.
Pursuant to Section 30.07, Penal Code (trespass by license
holder with an openly carried handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a handgun that is carried
openly.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2020 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, DESIGNATING REINVESTMENT
ZONE NO. 111 (VARIDESK); PROVIDING ELIGIBILITY OF THE ZONE
FOR COMMERCIAL -INDUSTRIAL TAX ABATEMENT; CONTAINING
FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A
REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND
THE CITY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
FOR A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE
DATE OF SAID ORDINANCE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published
in a newspaper having general circulation in the City and has delivered such notice to the presiding
officer of the governing body of each taxing unit that includes in its boundaries real property described
herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone; and
WHEREAS, the proposed Tax Abatement Agreement by and between the City of Coppell,
Texas, and Varidesk, LLC, or its related entities, attached hereto as Exhibit "B," has been presented
to the City Council; and the City Council is of the opinion and finds that the terms and conditions
thereof should be approved and that the Mayor should be authorized to execute the Agreement on
behalf of the City of Coppell.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, DALLAS COUNTY, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas, finds that the area described
herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or
expansion of primary employment, or to attract major investment in the zone that will be of benefit to
the property and contribute to the economic development of the City. The City Council further finds
that the improvements sought are feasible and practicable and would be of benefit to the land to be
included in the zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the
real property described in Exhibit "A" and made a part hereof for all purposes is hereby designated as
Page 1
a reinvestment zone and for identification is assigned the name "Reinvestment Zone No. 111" or
"Varidesk Zone".
SECTION 3. That the property within Reinvestment Zone No. 111 is eligible for
commercial -industrial tax abatement effective on January 1, 2020.
SECTION 4. That the Agreement attached hereto as Exhibit "B" having been reviewed by
the City Council and found to be acceptable and in the best interests of the City and its citizens, is
hereby approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City
of Coppell, Texas.
SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said ordinance or as amended hereby, which shall remain in
full force and effect.
SECTION 6. That all ordinances of the City of Coppell in conflict with the provisions of this
ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of
said ordinances not in conflict herewith shall remain in full force and effect.
SECTION 7. That this ordinance shall take effect immediately from and after its passage and
the publication, as the law and charter in such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, ON THIS THE DAY OF ,
2020.
Karen Hunt, MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY Ashley Owens, CITY SECRETARY
(PGS:11-16-20:TM 119152)
Page 2
EXHIBIT "A"
Legal Description for Zone
BEING a 9.84 acre (428,553 square foot) tract of land situated in the Thomas W. Cousey Survey, Abstract
Number 317, City of Coppell, Dallas County, Texas, and being part of Lot 1, Block 1 of Lots 1 & 2, Phase 1,
Block 1, One Twenty One Business Park, an addition to the City of Coppell, Dallas County, Texas, as
recorded in Volume 99157, Page 27 of the Deed Records of Dallas County, Texas (D.R.D.C.T.) and being all
of a tract of land described in Special Warranty Deed to Sealy Canyon Drive Land, L.L.C, as recorded in
Instrument Number 201600333502 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), and
being all of Lot 6R, Block A of Prologis Park One Twenty One, Lots 5R and 6R, Block A, an addition to the
City of Coppell, Dallas County, Texas, as recorded in Instrument Number 201600331182, O.P.R.D.C.T. and
being all of called 5.93 acre tract of land described in deed to Prologis Logistics Services Incorporated, as
recorded in Instrument Number 201500253657, O.P.R.D.C.T., and being more particularly described as
follows:
BEGINNING at the northeast corner of a called 1.678 acre tract of land described as "Parcel 16" in deed to
State of Texas, as recorded in Instrument Number 201200222193, 0.P.R.D.C.T., said corner being the
intersection of the east right-of-way line of State Highway 121, the south right-of-way line of said Canyon
Drive (a 60 -foot wide right-of-way), the north line of said Lot 1, and the point of curvature of a non -tangent
circular curve to the left, having a radius of 460.27 feet, whose chord bears South 79 degrees 47 minutes 15
seconds East, a distance of 166.34 feet, from which a found monument bears South 73 degrees 03 minutes
47 seconds West, a distance of 1.0 feet;
THENCE Southeasterly, with the north of said Lot 1, the south right-of-way line of said Canyon Drive and with
said curve, through a central angle of 20 degrees 49 minutes 17 seconds, an arc distance of 167.26 feet to a
corner, from which a 5/8 -inch found iron rod with cap stamped W. FELOBUSCH" bears South 55 degrees 55
minutes 26 seconds West, a distance of 0.4 feet;
THENCE North 89 degrees 43 minutes 31 seconds East, with the north line of said Lot 1 and the south right-
of-way line of said Canyon Drive, a distance of 8.24 feet to a set crow's foot for the intersection of said south
right-of-way and the west right-of-way line of Northwest Drive (a 33 -foot wide right-of-way), said corner being
the point of curvature of a tangent circular curve to the right, having a radius of 25.00 feet, whose chord bears
South 22 degrees 48 minutes 47 seconds East, a distance of 19.17 feet;
THENCE with the west right-of-way line of said Northwest Drive, the following bearings and distances:
Southerly, with the east line of said Lot 1 and with said curve, through a central angle of 45 degrees
04 minutes 36 seconds, an arc distance of 19.67 feet to a found "X" cut in concrete for corner;
South 00 degrees 16 minutes 29 seconds East, with the east line of said Lot 1, a distance of 382.20
feet to a set "X" cut in concrete for the southeast corner of said Lot 1;
South 89 degrees 43 minutes 54 seconds West, with the south line of said Lot 1, a distance of 2.75
feet to a 1/2 -inch found iron rod with yellow plastic cap stamped "HALFF" (hereinafter referred to as
"with cap") for the northeast corner of said Lot 6R;
THENCE with the common east line of said Lot 6R and the west right-of-way line of said Northwest Drive (a
38 -foot wide right-of-way), the following bearings and distances:
South 00 degrees 11 minutes 52 seconds East, a distance of 1.08 feet to a 1/2 -inch found iron rod
with cap for the point of curvature of a tangent circular curve to the right, having a radius of 181.00
feet, whose chord bears South 32 degrees 38 minutes 48 seconds West, a distance of 195.43 feet;
Southwesterly, with said curve, through a central angle of 65 degrees 20 minutes 56 seconds, an arc
distance of 206.44 feet to a 1/2 -inch found iron rod with cap for the point of reverse curvature of a
tangent circular curve to the left, having a radius of 219.00 feet, whose chord bears South 53 degrees
43 minutes 48 seconds West, a distance of 88.01 feet;
Page 3
Southwesterly, with said curve, through a central angle of 23 degrees 10 minutes 56 seconds, an arc
distance of 88.61 feet to a 1/2 -inch found iron rod with cap for corner;
South 42 degrees 08 minutes 20 seconds West, a distance of 412.07 feet to a 1/2 -inch found iron rod
with cap for corner;
South 87 degrees 08 minutes 20 seconds West, a distance of 26.85 feet to a 1/2 -inch found iron rod
with cap for the point of curvature of a non -tangent circular curve to the left, having a radius of 310.50
feet, shoes chord bears North 53 degrees 13 minutes 15 seconds West, a distance of 33.22 feet, said
corner being the intersection of the northwest right-of-way line of said Northwest Drive and the
northeast right-of-way line of Freeport Parkway (a variable width right-of-way);
THENCE with the northeast right-of-way line of said Freeport Parkway and the southwest line of said Lot 6R,
the following bearings and distances:
Northwesterly, with said curve, through a central angle of 06 degrees 07 minutes 58 seconds, an arc
distance of 33.24 feet to a 1/2 -inch found iron rod with cap for corner;
North 56 degrees 17 minutes 14 seconds West, a distance of 89.18 feet to a 1/2 -inch found iron rod
with cap for the point of curvature of a tangent circular curve to the right, whose chord bears North 52
degrees 11 minutes 09 seconds West, a distance of 160.85 feet;
Northwesterly, with said curve, through a central angle of 08 degrees 12 minutes 09 seconds, an arc
distance of 160.99 feet to a 1/2 -inch found iron rod with cap for corner at the intersection of the
northeast right-of-way line of said Freeport Parkway with the southeast right-of-way line of said State
Highway 121;
THENCE with the southeast right-of-way line of said State Highway 121, the following bearings and
distances:
North 43 degrees 04 minutes 04 seconds West, with the southwest line of said Lot 6R, a distance of
9.35 feet to a found monument for corner;
North 47 degrees 59 minutes 54 seconds West, with the southwest line of said Lot 6R, a distance of
75.82 feet to a found monument for corner;
North 22 degrees 13 minutes 47 seconds West, with the southwest line of said Lot 6R, a distance of
85.52 feet to a found monument for corner;
North 37 degrees 38 minutes 29 seconds East, with the northwest line of said Lot 6R, a distance of
145.94 feet to a found monument for corner;
North 41 degrees 19 minutes 26 seconds East, with the northwest line of said Lot 6R, a distance of
135.07 feet to a found monument for the northwest corner of said Lot 6R, said corner being on the
south line of said Lot 1;
South 89 degrees 43 minutes 54 seconds West, with the south line of said Lot 1, a distance of 0.47
feet to a found monument for the southwest corner of said Lot 1 and the southeast corner of said
1.678 acre tract;
THENCE with the southeast right-of-way line of said State Highway 121 and the northwest line of said Lot 1,
the following bearings and distances:
North 41 degrees 19 minutes 26 seconds East, a distance of 267.77 feet to a found monument for
corner;
North 37 degrees 08 minutes 49 seconds East, a distance of 256.90 feet to a found monument for
corner;
Page 4
North 75 degrees 28 minutes 20 seconds East, a distance of 104.95 feet to the POINT OF
BEGINNING AND CONTAINING 9.84 acres (428,553 square feet) of land, more or less.
Page 5
EXHIBIT `B"
Tax Abatement Agreement
(to be attached)
Page 6
City of Coppell, Texas
C',P FE L
File ID: 2020-5412
Version: 1
File Name: Resolution - Varidesk 2020
Master
File Number: 2020-5412
Type: Resolution
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 11/23/2020
Final Action:
Title: Consider approval of a Resolution approving a Tax Abatement Agreement between
the City of Coppell and Varidesk, LLC, and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Varidesk Resolution Memo - 2020.pdf, Varisdesk-
Resolution 2020.pdf, Varidesk Abatement - 2020.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5412
Title
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of
Coppell and Varidesk, LLC, and authorizing the Mayor to sign.
Summary
City Council
held a
Public Hearing regarding the designation
of Reinvestment Zone No. 111 on
December 8,
2020.
Varidesk, LLC produces flexible workspace
solutions and office furniture. They
will purchase
land
at the NEC of Freeport Parkway and
S.H. 121 for their new Corporate
Headquarters.
The
Tax Abatement Agreement terms for this
company will be a 10 year, 90%
abatement, and it will be
applied to the real and business personal property for Varidesk, LLC.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
[Enter Staff Recommendation Here]
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5412)
Strategic Pillar Icon:
CireateIII'; usuness aindIllununtioin Modes
City of Coppell, Texas Page 2 Printed on 12/4/2020
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: December 8, 2020
Reference: Consider approval of a Resolution approving a Tax Abatement Agreement between the City
of Coppell and Varidesk, LLC, and authorizing the Mayor to sign.
2040: Create Business and Innovation Nodes
Executive Summary:
Varidesk, LLC produces flexible office space solutions and office furniture. They are scheduled to
purchase the land at the NEC of Freeport Parkway and State Highway 121 to construct their new
corporate headquarters. This Resolution is for a Tax Abatement Agreement with the terms of a
90% abatement on real and business personal property for a period of 10 years.
Introduction:
Varidesk, LLC produces flexible office space solutions and office furniture. Varidesk, now referred
to as Vari, started in Coppell. They were originally located in shared space with Gemmy Industries
at 117 Wrangler Drive. Due to the growth of the company, Varidesk expanded to the point of
needing their own lease space. In 2016, they leased approximately 38,000 square feet of space at
1221 S. Belt Line Road with approximately 90 employees. The popularity of the brand has
continued to grow along with Vari's employment count, and they have expanded their lease space
over the past few years to accommodate their continued growth. Vari has now made the decision to
vacate their current lease space to build and occupy a new corporate headquarters to accommodate
their 350+ employees.
After an extensive search for the best site, they have selected the property located at the northeast
corner of Freeport Parkway and State Highway 121. Vari will construct their new corporate
headquarters at this site, which will range anywhere from 140,000 — 180,000 square feet in size.
They will also use a portion of this square footage as one of their new VariSpace concepts until the
need arises for them to occupy the entire building themselves. Their decision to purchase this site
in Coppell is based heavily on the approval of the incentive package under consideration by City
Council this evening.
Prior to voting on the proposed tax abatement agreement, City Council will hold the required Public
Hearing regarding the designation of Reinvestment Zone No. 111 this evening, December 8, 2020.
Analysis:
The resolution and tax abatement that coincide with Reinvestment Zone No. 111 will provide a 10 -
year, 90% abatement on the real and business personal property for Varidesk, LLC.
Legal Review:
The documents were prepared by Pete Smith.
Fiscal Impact:
90% abatement of real and business personal property taxes for 10 years.
Recommendation:
Staff recommends approval.
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS, AND VARIDESK, LLC; AUTHORIZING
ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppell, Texas, and Varidesk, LLC, a copy of which is attached hereto and
incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. The Council finds that the improvements proposed to be built upon the
Premises described in the Agreement will enhance the economic vitality of the community
through a combination of new capital investment, increased sales tax revenues, and the creation
of additional job opportunities.
SECTION 3. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
SECTION 4. The City Manager delivered to the presiding officer of the governing body
of each taxing unit in which the property subject to the Agreement is located, a written notice
that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the
City Manager included a copy of the Agreement approved by this Resolution.
1
SECTION 5. This Resolution and the Tax Abatement Agreement are hereby approved
by the affirmative vote of the majority of the members of the City Council of the City of
Coppell, Texas, at a regularly scheduled meeting of the City Council.
SECTION 6. This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the day of , 2020.
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF COPPELL, TEXAS
KAREN SELBO HUNT, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
2
Exhibit "A"
(copy of Tax Abatement Agreement
to be attached)
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Tax Abatement Agreement (the "Agreement") is entered into by and between the City
of Coppell, Texas (the "City"), and Varidesk, LLC, a Texas limited liability company (the "Owner")
(each a "Party" and collectively the "Parties"), acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, the City Council of the City of Coppell, Texas (the "City Council"), passed an
Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 111 (the "Zone"),
for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax
Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "Tax Code"); and
WHEREAS, the City has adopted guidelines for tax abatement (the "Tax Abatement
Guidelines"); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered by the City as contemplated by the Tax Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate
in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Owner owns or is under contract to purchase approximately 9.84 acres of land
at the northeast corner of Freeport Parkway and State Highway 121 in Coppell, Texas, being further
described in Exhibit "A" ("Land"), and intends to construct, or cause to be constructed a building
containing 140,000-180,000 square feet of industrial/ warehouse space (hereinafter defined as the
"Improvements") on the Land; and
WHEREAS, Owner's development efforts described herein will create permanent new jobs
in the City; and
WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter
defined), and the contemplated Improvements are consistent with encouraging development of the
Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement
Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and
CITY OF COPPELL AND VARIDESK, LLC JM 119155)
WHEREAS, the City Council finds that the Improvements sought are feasible and practicable
and would be of benefit to the Premises to be included in the Zone and to the City after expiration of
this Agreement; and
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Premises is located;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein
and for other good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of Coppell and the enhancement of the
tax base in the City, the Parties agree as follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
"Bankruptcy or Insolvency" shall mean the dissolution or termination of a Party's existence
as a going business, insolvency, appointment of receiver for any part of a Party's property and
such appointment is not terminated within ninety (90) days after such appointment is initially
made, any general assignment for the benefit of creditors, or the commencement of any proceeding
under any bankruptcy or insolvency laws by or against such Party, and such proceeding is not
dismissed within ninety (90) days after the filing thereof.
"Base Year Taxable Value" shall mean the Taxable Value for the Land for the year in
which the Tax Abatement Agreement is executed (2020).
"City" shall mean the City of Coppell, Texas.
"City Economic Development Agreement" shall mean that certain economic development
agreement by and between the City and Company dated approximate date herewith.
"Commencement of Construction" shall mean that: (i) the plans have been prepared and
all approvals thereof and permits with respect thereto required by applicable governmental
authorities have been obtained for construction of the Improvements; (ii) all necessary permits for
the construction of the Improvements on the Land pursuant to the respective plans therefore having
been issued by all applicable governmental authorities; and (iii) grading of the Land or the
construction of the vertical elements of the Improvements has commenced.
"Completion of Construction" shall mean: (i) substantial completion of the Improvements;
and (ii) a final certificate of occupancy has been issued for the occupancy of the Improvements by
the Company.
CITY OF COPPELL AND VARIDESK, LLC (TM 119155)
"Effective Date" shall mean the last date of execution of this Agreement.
"Expiration Date" shall mean March 1 of the calendar year following the tenth (10th)
anniversary date of the First Year of Abatement.
"First Year of Abatement" shall mean January 1 of the calendar year immediately
following the date of Completion of Construction of the Improvements.
"Force Majeure" shall mean that upon the occurrence of any contingency or cause beyond
the reasonable control of a Party including, without limitation, acts of God or the public enemy,
war, riot, terrorism, civil commotion, insurrection, government or de facto governmental action,
restrictions or interferences (unless caused by the intentional acts or omissions of the Party), fires,
explosions, floods or other inclement weather, strikes, slowdowns or work stoppages, incidence of
disease or other illness that reaches outbreak, epidemic, or pandemic proportions or similar causes
affecting the area the of the Garage Site that result in a reduction of labor force or work stoppage
in order to comply with local, state, or national disaster orders, construction delays, shortages or
unavailability of supplies, materials or labor, necessary condemnation proceedings, or any other
circumstances which are reasonably beyond the control of the Party obligated or permitted under
the terms of this Agreement to do or perform the same, regardless of whether any such
circumstances are similar to any of those enumerated or not, the Party so obligated or permitted
shall be excused from doing or performing the same during such period of delay, so that the time
period applicable to such obligation or performance shall be extended for a period of time equal
to the period such Party was delayed, provided the Party whose performance is delayed provides
written notice to the other Party not later than fifteen (15) business days after occurrence of the
event(s) or condition(s) causing the delay or the date the Party whose performance has been
delayed becomes aware or should have reasonably known of the event, describing such event(s)
and/or condition(s) and the date on which such event(s) and/or condition(s) occurred.
"Freeport Goods" shall have the same meaning as assigned by Section 11.251 of the Tax
Code and Article VIII, Section 1-j of the Texas Constitution. Freeport Goods does not include
"Goods in Transit" as defined by Tax Code, Section 11.253.
"Goods in Transit" shall have the same meaning assigned by Tax Code, Section
11.253.
"Improvements" shall mean an industrial/ warehouse building containing 140,000-180,000
square feet of space upon Completion of Construction thereof on the Land, and other ancillary
facilities such as reasonably required parking and landscaping more fully described in the submittals
filed by Owner with the City, from time to time, in order to obtain a building permit(s), provided,
however, that "Improvements" shall not include the Land.
"Land" means the real property described in Exhibit "A".
"Owner" shall mean Varidesk, LLC, a Texas limited liability company.
CITY OF COPPELL AND VARIDESK, LLC (TM 119155)
"Owner Affiliate" shall mean any entity that is directly or indirectly controlled by or is
under common control with Owner.
"Premises" shall mean collectively, the Land and Improvements following construction
thereof.
"Related Agreement" shall mean agreement (other than this Agreement) by and between:
(i) the City and the Owner or any Company Affiliate; and (ii) the City Economic Development
Agreement.
"Tangible Personal Property" shall mean furniture, fixtures and equipment owned or leased
by Owner and located at the Premises, after the execution of this Agreement. Tangible Personal
Property shall not include inventory, supplies, Freeport Goods and Goods in Transit located at the
Premises.
"Taxable Value" means the appraised value as certified by the applicable Appraisal District
(or its successor) as of January 1 of a given year.
Article II
General Provisions
2.1 Owner is the owner of the Land, or is under contract to purchase the Land, which Land
is located within the city limits of the City and within the Zone. Owner intends to construct, or cause
to be constructed, the Improvements on the Land.
2.2 The Premises are not in an improvement project financed by tax increment bonds.
2.3 This Agreement is entered into subj ect to the rights of the holders of outstanding bonds
of the City.
2.4 The Premises are not owned or leased by any member of the Coppell City Council or
any member of the Coppell Planning and Zoning Commission.
2.5 Owner shall, before May 1, of each calendar year that the Agreement is in effect,
certify in writing to the City that it is in compliance with each term of the Agreement.
2.6 The Land and the Improvements constructed thereon at all times shall be used in the
manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as amended, and
(ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the Zone.
Article III
Tax Abatement Authorized
3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines and approved by resolution of the City Council.
CITY OF COPPELL AND VARIDESK, LLC (TM 119155)
3.2 Subject to the terms and conditions of this Agreement, and provided the combined
Taxable Value for the Tangible Personal Property and the Improvements (excluding the Land) is at
least Thirty-five million Dollars ($35,000,000) as of January 1 of the First Year of Abatement and as
of January 1 of each calendar year thereafter during the term of this Agreement, the City hereby grants
Owner an abatement of ninety percent (90%) of the Taxable Value of the Improvements and ninety
percent (90%) of the Taxable Value of the Tangible Personal Property for a period of ten (10)
consecutive years, beginning with the First Year of Abatement. The foregoing percentage of Taxable
Value of the Improvements subject to abatement for each year this Agreement is in effect will apply
only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable
Value. The actual percentage of Taxable Value of the Tangible Personal Property subject to
abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property
located at the Premises after execution of this Agreement. The failure of the Tangible Personal
Property and Improvements to have a combined Taxable Value of at least Thirty-five million Dollars
($35,000,000) as of January 1 of any given Tax Year shall not be an event of default subject to
termination and repayment of the abated taxes pursuant to Article V hereof but shall result in the
forfeiture of the tax abatement for the Tangible Personal Property and for the Improvements for such
Tax Year.
3.3 The period of tax abatement herein authorized shall be for a period of ten (10)
consecutive years beginning with the First Year of Abatement.
3.4 During the period of tax abatement herein authorized, Owner shall be subject to all
taxation not abated, including but not limited to, sales tax and ad valorem taxation on the Land.
3.5 The term of this Agreement shall begin on the Effective Date and shall continue
until the Expiration Date, unless sooner terminated as provided herein.
Article IV
Improvements
4.1 Owner owns or is under contract to purchase the Land and intends to construct or
cause to be constructed thereon the Improvements. Nothing in this Agreement shall obligate Owner
to construct the Improvements on the Land, but said actions are conditions precedent to tax abatement
for such Parties pursuant to this Agreement.
4.2 As a condition precedent to the initiation of the Owner's tax abatement pursuant to
this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of
Construction of the Improvements to occur on or before October 1, 2021, and subject to events of
Force Majeure to cause Completion of Construction of the Improvements to occur on or before
October 1, 2022, as good and valuable consideration for this Agreement, and that all construction of
the Improvements will be in accordance with all applicable state and local laws, codes, and regulations
(or valid waiver thereof).
CITY OF COPPELL AND VARIDESK, LLC (TM 119155)
4.3 Construction plans for the Improvements constructed on the Land will be filed with
the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all
purposes.
4.4 Owner agrees to maintain the Improvements during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations.
4.5 The City, its agents and employees shall have the right of access to the Premises
during and following construction to inspect the Improvements at reasonable times and with
reasonable notice to Owner, and in accordance with visitor access and security policies of the Owner,
in order to insure that the construction of the Improvements are in accordance with this Agreement
and all applicable state and local laws and regulations (or valid waiver thereof).
Article V
Default: Recapture of Tax Revenue
5.1 In the event: (i) Owner fails to cause Commencement and/or Completion of
Construction of the Improvements in accordance with this Agreement or in accordance with
applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed
to the City (provided Owner retains its right to timely and properly protest such taxes or assessment);
(iii) has an event of Bankruptcy or Insolvency; or (iv) breaches any of the terms and conditions of
this Agreement, or a Related Agreement, then Owner, after the expiration of the notice and cure
periods described below, shall be in default of this Agreement. As liquidated damages in the event
of such default, the Owner shall, within thirty (30) days after demand, pay to the City all taxes which
otherwise would have been paid by the Owner to the City without benefit of a tax abatement, for the
property the subject of this Agreement at the statutory rate for delinquent taxes as determined by
Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual
damages in the event of default termination would be speculative and difficult to determine. The
Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be
recoverable against the Owner, its successors and assigns and shall constitute a tax lien against the
Premises, and shall become due, owing and shall be paid to the City within thirty (30) days after
notice of termination.
5.2 Upon breach by Owner of any of the obligations under this Agreement, the City shall
notify Owner in writing, which shall have thirty (30) days from receipt of the notice in which to cure
any such default. If the default cannot reasonably be cured within such 30 -day period, and the Owner
has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the
City may extend the period in which the default must be cured.
5.3 If the Owner fails to cure the default within the time provided as specified above or,
as such time period may be extended, the City, at its sole option, shall have the right to terminate this
Agreement by providing written notice to the Owner.
5.4 Upon termination of this Agreement by City, all tax abated as a result of this
Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable
not later than thirty (30) days after a notice of termination is provided. The City shall have all
CITY OF COPPELL AND VARIDESK, LLC JM 119155)
remedies for the collection of the abated tax provided generally in the Tax Code for the collection of
delinquent property tax. The computation of the abated tax for the purposes of the Agreement shall
be based upon the full Taxable Value of the Tangible Personal Property and the Improvements
without tax abatement for the years in which tax abatement hereunder was received by the Owner, as
determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated
by the City Tax Assessor -Collector. The liquidated damages shall incur penalties as provided for
delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period.
Article VI
Annual Application for Tax Exemption
It shall be the responsibility of the Owner, pursuant to the Tax Code, to file an annual
exemption application form for the Tangible Personal Property and the Improvements with the Chief
Appraiser for the Appraisal District (or its successor) in which the eligible taxable property has situs.
A copy of the respective exemption application shall be submitted to the City upon request.
Article VII
Annual Rendition
The Owner shall annually render the value of the the Tangible Personal Property and
Improvements to the Appraisal District and shall provide a copy of the same to the City upon written
request.
Article VIII
Miscellaneous
8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received upon the earlier of (a) actual receipt or (b) three (3) days thereafter sent by United States
Mail, postage prepaid, certified mail, return receipt requested, addressed to the Parry at the address
set forth below, or such other address as is designated by the applicable Party from time to time, or
on the day actually received as sent by courier or otherwise hand delivered.
If intended for City, to: With a copy to:
Attn: City Manager Peter G. Smith
City of Coppell, Texas Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
P. O. Box 478 1800 Ross Tower
Coppell, Texas 75019 500 N. Akard
Dallas, Texas 75201
CITY OF COPPELL AND VARIDESK, LLC (TM 119155)
If intended for Owner, to:
Attn: Jason
McCann
Varidesk, LLC
Coppell, Texas
8.2 Authorization. This Agreement was authorized by resolution of the City Council
approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the
City.
8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word
herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the Parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas
without regard to any conflict of law rules. Exclusive venue for any action under this Agreement
shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal
and subject matter jurisdiction of said court.
8.5 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties
hereto, superseding all oral or written previous and contemporary agreements between the Parties and
relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified
without written agreement of the Parties to be attached to and made a part of this Agreement.
8.7 Recitals. The determinations recited and declared in the preambles to this Agreement
are hereby incorporated herein as part of this Agreement.
8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the
Parties to it and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns. This Agreement may not be assigned by the Owner without the prior
written consent of the City Manager.
8.10 Employment of Undocumented Workers. During the term of this Agreement, the
Owner agrees not to knowingly employ any undocumented workers and, if convicted of a violation
under 8 U.S.C. Section 1324a (f), the Owner shall repay the taxes abated herein, and any other
funds received by the Owner from the City as of the date of such violation within 120 days after
the date the Owner is notified by the City of such violation, plus interest at the rate of six percent
CITY OF COPPELL AND VARIDESK, LLC (TM 119155)
(6%) compounded annually from the date of violation until paid. Owner is not liable for a violation
of this section by a subsidiary, affiliate, or franchisee of Owner or by a person with whom Owner
contracts.
8.11 Right of Offset. The City may at its option, offset any amounts due and payable
under this Agreement against any debt (including taxes) lawfully due to the City from the Owner,
regardless of whether the amount due arises pursuant to the terms of this Agreement or a Related
Agreement or otherwise and regardless of whether or not the debt due the City has been reduced
to judgment by a court.
8.12 Conditions Precedent. The following are conditions precedent to this Agreement
and the obligations of the Parties pursuant to this Agreement are expressly subject to the following:
(i) Company closing its purchase of the Land on or before January 30, 2021; and (ii) the execution
of City Economic Development Agreement.
[Signature page to follow]
CITY OF COPPELL AND VARIDESK, LLC (TM 119155)
EXECUTED in duplicate originals the day of , 2020.
Agreed as to Form:
By:
City Attorney
EXECUTED in duplicate originals the
CITY OF COPPELL, TEXAS
Attest:
Karen Selbo Hunt, Mayor
Ashley Owens, City Secretary
day of , 2020.
VARIDESK, LLC
Jason McCann,
CITY OF COPPELL AND VARIDESK, LLC (TM 119155)
EXHIBIT "A"
Legal Description
BEING a 9.84 acre (428,553 square foot) tract of land situated in the Thomas W.
Cousey Survey, Abstract Number 317, City of Coppell, Dallas County, Texas, and being
part of Lot 1, Block 1 of Lots 1 & 2, Phase 1, Block 1, One Twenty One Business Park,
an addition to the City of Coppell, Dallas County, Texas, as recorded in Volume 99157,
Page 27 of the Deed Records of Dallas County, Texas (D.R.D.C.T.) and being all of a
tract of land described in Special Warranty Deed to Sealy Canyon Drive Land, L.L.C, as
recorded in Instrument Number 201600333502 of the Official Public Records of Dallas
County, Texas (O. P. R. D.C.T.), and being all of Lot 6R, Block A of Prologis Park One
Twenty One, Lots 5R and 6R, Block A, an addition to the City of Coppell, Dallas County,
Texas, as recorded in Instrument Number 201600331182, O.P.R.D.C.T. and being all of
called 5.93 acre tract of land described in deed to Prologis Logistics Services
Incorporated, as recorded in Instrument Number 201500253657, O.P.R.D.C.T., and
being more particularly described as follows:
BEGINNING at the northeast corner of a called 1.678 acre tract of land described as
"Parcel 16" in deed to State of Texas, as recorded in Instrument Number
201200222193, O.P.R.D.C.T., said corner being the intersection of the east right-of-way
line of State Highway 121, the south right-of-way line of said Canyon Drive (a 60 -foot
wide right-of-way), the north line of said Lot 1, and the point of curvature of a non -
tangent circular curve to the left, having a radius of 460.27 feet, whose chord bears
South 79 degrees 47 minutes 15 seconds East, a distance of 166.34 feet, from which a
found monument bears South 73 degrees 03 minutes 47 seconds West, a distance of
1.0 feet;
THENCE Southeasterly, with the north of said Lot 1, the south right-of-way line of said
Canyon Drive and with said curve, through a central angle of 20 degrees 49 minutes 17
seconds, an arc distance of 167.26 feet to a corner, from which a 5/8 -inch found iron
rod with cap stamped "M. FELOBUSCH" bears South 55 degrees 55 minutes 26
seconds West, a distance of 0.4 feet;
THENCE North 89 degrees 43 minutes 31 seconds East, with the north line of said Lot
1 and the south right-of-way line of said Canyon Drive, a distance of 8.24 feet to a set
crow's foot for the intersection of said south right-of-way and the west right-of-way line
of Northwest Drive (a 33 -foot wide right-of-way), said corner being the point of curvature
of a tangent circular curve to the right, having a radius of 25.00 feet, whose chord bears
South 22 degrees 48 minutes 47 seconds East, a distance of 19.17 feet;
THENCE with the west right-of-way line of said Northwest Drive, the following bearings
and distances:
Southerly, with the east line of said Lot 1 and with said curve, through a central
angle of 45 degrees 04 minutes 36 seconds, an arc distance of 19.67 feet to a
found "X" cut in concrete for corner;
PAGE 1 EXHIBIT A TO TAX ABATEMENT AGREEMENT
CITY OF COPPELL AND VARIDESK, LLC (TM 119155)
South 00 degrees 16 minutes 29 seconds East, with the east line of said Lot 1, a
distance of 382.20 feet to a set "X" cut in concrete for the southeast corner of
said Lot 1;
South 89 degrees 43 minutes 54 seconds West, with the south line of said Lot 1,
a distance of 2.75 feet to a 1/2 -inch found iron rod with yellow plastic cap
stamped "HALFF" (hereinafter referred to as "with cap") for the northeast corner
of said Lot 6R;
THENCE with the common east line of said Lot 6R and the west right-of-way line of said
Northwest Drive (a 38 -foot wide right-of-way), the following bearings and distances:
South 00 degrees 11 minutes 52 seconds East, a distance of 1.08 feet to a 1/2 -
inch found iron rod with cap for the point of curvature of a tangent circular curve
to the right, having a radius of 181.00 feet, whose chord bears South 32 degrees
38 minutes 48 seconds West, a distance of 195.43 feet;
Southwesterly, with said curve, through a central angle of 65 degrees 20 minutes
56 seconds, an arc distance of 206.44 feet to a 1/2 -inch found iron rod with cap
for the point of reverse curvature of a tangent circular curve to the left, having a
radius of 219.00 feet, whose chord bears South 53 degrees 43 minutes 48
seconds West, a distance of 88.01 feet;
Southwesterly, with said curve, through a central angle of 23 degrees 10 minutes
56 seconds, an arc distance of 88.61 feet to a 1/2 -inch found iron rod with cap for
corner;
South 42 degrees 08 minutes 20 seconds West, a distance of 412.07 feet to a
1/2 -inch found iron rod with cap for corner;
South 87 degrees 08 minutes 20 seconds West, a distance of 26.85 feet to a 1/2 -
inch found iron rod with cap for the point of curvature of a non -tangent circular
curve to the left, having a radius of 310.50 feet, shoes chord bears North 53
degrees 13 minutes 15 seconds West, a distance of 33.22 feet, said corner being
the intersection of the northwest right-of-way line of said Northwest Drive and the
northeast right-of-way line of Freeport Parkway (a variable width right-of-way);
THENCE with the northeast right-of-way line of said Freeport Parkway and the
southwest line of said Lot 6R, the following bearings and distances:
Northwesterly, with said curve, through a central angle of 06 degrees 07 minutes
58 seconds, an arc distance of 33.24 feet to a 1/2 -inch found iron rod with cap for
corner;
PAGE i EXHIBIT A TO TAX ABATEMENT AGREEMENT
CITY OF COPPELL AND VARIDESK, LLC (TM 119155)
North 56 degrees 17 minutes 14 seconds West, a distance of 89.18 feet to a 1/2 -
inch found iron rod with cap for the point of curvature of a tangent circular curve
to the right, whose chord bears North 52 degrees 11 minutes 09 seconds West, a
distance of 160.85 feet;
Northwesterly, with said curve, through a central angle of 08 degrees 12 minutes
09 seconds, an arc distance of 160.99 feet to a 1/2 -inch found iron rod with cap
for corner at the intersection of the northeast right-of-way line of said Freeport
Parkway with the southeast right-of-way line of said State Highway 121;
THENCE with the southeast right-of-way line of said State Highway 121, the following
bearings and distances:
North 43 degrees 04 minutes 04 seconds West, with the southwest line of said
Lot 6R, a distance of 9.35 feet to a found monument for corner;
North 47 degrees 59 minutes 54 seconds West, with the southwest line of said
Lot 6R, a distance of 75.82 feet to a found monument for corner;
North 22 degrees 13 minutes 47 seconds West, with the southwest line of said
Lot 6R, a distance of 85.52 feet to a found monument for corner;
North 37 degrees 38 minutes 29 seconds East, with the northwest line of said Lot
6R, a distance of 145.94 feet to a found monument for corner;
North 41 degrees 19 minutes 26 seconds East, with the northwest line of said Lot
6R, a distance of 135.07 feet to a found monument for the northwest corner of
said Lot 6R, said corner being on the south line of said Lot 1;
South 89 degrees 43 minutes 54 seconds West, with the south line of said Lot 1,
a distance of 0.47 feet to a found monument for the southwest corner of said Lot
1 and the southeast corner of said 1.678 acre tract;
THENCE with the southeast right-of-way line of said State Highway 121 and the
northwest line of said Lot 1, the following bearings and distances:
North 41 degrees 19 minutes 26 seconds East, a distance of 267.77 feet to a
found monument for corner;
North 37 degrees 08 minutes 49 seconds East, a distance of 256.90 feet to a
found monument for corner;
North 75 degrees 28 minutes 20 seconds East, a distance of 104.95 feet to the
POINT OF BEGINNING AND CONTAINING 9.84 acres (428,553 square feet) of
land, more or less.
PAGE 3 EXHIBIT A TO TAX ABATEMENT AGREEMENT
CITY OF COPPELL AND VARIDESK, LLC (TM 119155)
C',P FE L
File ID: 2020-5426
Version: 1
City of Coppell, Texas
Master
File Number: 2020-5426
Type: Agenda Item
Reference:
File Name: Varidesk - Eco Dev Agreement
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 11/30/2020
Final Action:
Title: Consider approval of an Economic Development Agreement by and between
the City of Coppell and Varidesk, LLC; and authorize the Mayor to sign.
Notes:
Sponsors:
Attachments: Varidesk Eco Dev Agreement Memo - 2020.pdf,
Varidesk Eco Dev Agreement 2020.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5426
Title
Consider approval of an Economic Development Agreement by and between the City of
Coppell and Varidesk, LLC; and authorize the Mayor to sign.
Summary
Varidesk is purchasing the land at the NEC of Freeport Parkway and S.H. 121. This Economic
Development Agreement grants incentives for the company's new corporate headquarters.
Fiscal Impact:
The funds for this agreement will be provided from the sales tax collections, the property tax
collections and the General Fund - Designated Fund Balance - Economic Development.
Staff Recommendation:
Staff recommends approval.
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5426)
Strategic Pillar Icon:
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City of Coppell, Texas Page 2 Printed on 12/4/2020
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: December 8, 2020
Reference: Consider approval of an Economic Development Agreement by and between the City of
Coppell and Varidesk, LLC, and authorize the Mayor to sign.
2040: Create Business and Innovation Nodes
Executive Summary:
Varidesk, LLC produces flexible office space solutions and office furniture. They are scheduled to
purchase the land at the NEC of Freeport Parkway and State Highway 121 to construct their new
corporate headquarters. This Economic Development Agreement is part of their overall incentive
package being considered by City Council.
Introduction:
Varidesk, LLC produces flexible office space solutions and office furniture. Although Varidesk,
now referred to as Vari, started in Coppell, they are known throughout the world for their creative
solutions to office space and office furniture. Vari brings in guests from all over the world to
showcase their products. They have continued to increase their lease space in Coppell to
accommodate their growth over the years, but Vari has grown to a point that they need to vacate
their current lease space to build and occupy a new corporate headquarters. With 350+ employees
now, they need something to accommodate their space needs today and into the future.
After an extensive search for the best site, they have selected the property owned by Archway
Properties located at the northeast corner of Freeport Parkway and State Highway 121. Vari will
construct their new corporate headquarters at this site, which will range anywhere from 140,000 —
180,000 square feet in size. They will also use a portion of this square footage as one of their new
VariSpace concepts until the need arises for them to occupy the entire building themselves.
This Economic Development Agreement is a portion of the overall economic development
incentive package being considered by City Council this evening. Vari's decision to purchase this
site in Coppell is based heavily on the approval of all incentives in the incentive package.
Analysis:
The Economic Development Agreement includes the following:
90% tax rebate on real and business personal property for years 11 — 20, 80% tax rebate on real and
business personal property for years 21 — 27, one-time cash grant of $1,000 per employment
position for any new positions with an annual salary of $80,000 or greater, excluding benefits for a
maximum of 350 employment positions, 10 -year, 75% sales tax rebate of the City's general fund
collection for sales sourced to the City of Coppell, 50% waiver of Building Permit Fees, 75% sales
tax rebate on all materials purchased and sourced to Coppell.
Legal Review:
The documents were prepared by Pete Smith.
Fiscal Impact:
Fiscal impact varies from year to year based on rebates issued that year.
Recommendation:
Staff recommends approval.
STATE OF TEXAS §
§ ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
COUNTY OF DALLAS §
This Economic Development Incentive Agreement ("Agreement") is made by and between
the City of Coppell, Texas (the "City"), and Varidesk, LLC, a Texas limited liability company
("Company") (each a "Party" and collectively the "Parties"), acting by and through their respective
authorized officers.
WITNESSETH:
WHEREAS, Company has purchased or is under contract to purchase the real property
located at the northeast corner of Freeport Parkway and State Highway 121, in Coppell, Texas, as
further described in Exhibit "A" (the "Land"), and intends to construct an industrial/ warehouse
building containing 140,000-180,000 square feet of space on the Land, and other ancillary facilities
such as reasonably required parking and landscaping more fully described in the submittals filed
by Owner with the City, from time to time, in order to obtain a building permit(s) (hereinafter
defined as the "Improvements"); and
WHEREAS, Company has advised City that a contributing factor that would induce the
Company to construct the Improvements would be an agreement by City to provide an economic
development grant to Company; and
WHEREAS, promoting the expansion and maintenance of existing business enterprises
within the City will promote economic development, stimulate commercial activity, generate
additional sales tax and will enhance the property tax base and economic vitality of the City; and
WHEREAS, the City is authorized by Article III, Section 52-a of the Texas Constitution
and Texas Local Government Code Chapter 380 to provide economic development grants to
promote local economic development and to stimulate business and commercial activity in the
City; and
WHEREAS, the City has adopted programs for promoting economic development (the
"Economic Development Program"); and
WHEREAS, the City has determined that providing the Grants to the Company in
accordance with this Agreement is in accordance with the City Economic Development Program
and will: (i) further the objectives of the City; (2) benefit the City and the City's inhabitants; and
(iii) promote local economic development and stimulate business and commercial activity in the
City.
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
CITY OF COPPELL AND VARIDESK, LLC JM 119162)
Article I
Term
This Agreement shall be effective on the Effective Date and shall continue until the
Expiration Date, unless sooner terminated as provided herein.
Article II
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
"Annual Grants" shall mean annual economic development grants to be provided by City,
each in an amount equal to the percentage of the City ad valorem taxes assessed against the
Property and collected by City according to the schedule set forth in Section 3.2 for the applicable
Tax Year, in excess of the ad valorem taxes assessed by City against the Property and collected by
City for the Base Year, to be paid as set forth herein.
"Bankruptcy or Insolvency" shall mean the dissolution or termination of a Party's existence
as a going business, insolvency, appointment of receiver for any part of such Party's property and
such appointment is not terminated within ninety (90) days after such appointment is initially
made, any general assignment for the benefit of creditors, or the commencement of any proceeding
under any bankruptcy or insolvency laws by or against such Party and such proceeding is not
dismissed within ninety (90) days after the filing thereof.
"Base Year" shall mean Tax Year 2020.
"City" shall mean City of Coppell, Texas.
"Commencement Date" shall mean the date the City has issued a certificate of occupancy
for Company to occupy the Improvements.
"Commencement of Construction" shall mean that: (i) the plans have been prepared and
all approvals thereof and permits with respect thereto required by applicable governmental
authorities have been obtained for construction of the Improvements; (ii) all necessary permits for
the construction of the Improvements to the respective plans therefore having been issued by all
applicable governmental authorities; and (iii) grading of the Land and vertical elements of the
Improvements, have commenced.
"Company" shall mean Varidesk, LLC, a Texas limited liability company.
"Company Affiliate" shall mean any entity that is directly or indirectly controlled by or is
under common control with Company.
CITY OF COPPELL AND VARIDESK, LLC (TM 119162)
"Completion of Construction" shall mean: (i) substantial completion of the Improvements;
and (ii) the date City has issued a certificate of occupancy for Company to occupy the
Improvements.
"Consummated" shall have the same meaning assigned by Texas Tax Code, Section
321.203, or its successor.
"Effective Date" shall mean the last date of execution hereof.
"Employment Grants" shall mean economic development grants each in the amount of One
Thousand Dollars ($1,000.00) for each new Employment Position created during any Employment
Period during the term of this Agreement, not to exceed the Maximum Employment Grant
Amount, to be paid as set forth herein. It being the intention of the Parties that Company shall be
entitled to an Employment Grant for each net Employment Position created in an Employment
Period and maintained during the term of this Agreement, not to exceed the Maximum
Employment Grant Amount.
"Employment Period" shall mean consecutive twelve (12) month periods during the term
of this Agreement, with the first such period beginning on the Effective Date and ending on the
day prior to the first anniversary of the Commencement Date, and each subsequent Employment
Period beginning on the first and each subsequent anniversary date of the Commencement Date
and ending on the day prior to the next subsequent anniversary of the Commencement Date.
"Employment Positions" shall mean Company FTE Positions that have been created,
maintained and filled at the Improvements per Employment Period during the period beginning
with the Effective Date and ending on the seventh (7th) anniversary date of the Commencement
Date, which positions have an annual salary, inclusive of payments for compensation as salary,
wages, commissions, and/or bonuses, but exclusive of benefits, of at least Eighty Thousand Dollars
($80,000.00).
"Expiration Date" shall mean the date the last of the Grants have been paid by City to
Company.
"Force Maj eure" shall mean any contingency or cause beyond the reasonable control of a
Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, government or de facto governmental action (unless caused by the intentionally
wrongful acts or omissions of the Party), fires, explosions or floods, strikes, slowdowns,
pandemics or work stoppages.
"Freeport Goods" shall have the same meaning as assigned by Section 11.251 of the Tax
Code and Article VIII, Section 1-j of the Texas Constitution. Freeport Goods does not include
"Goods in Transit" as defined by Tax Code, Section 11.253.
"FTE Position" or "FTE" means a position filled by an individual scheduled to work at the
Improvements for a combined total of at least 2080 hours, including any paid time off, during an
Employment Period. The number of FTE's for an Employment Period shall be based on a weekly
CITY OF COPPELL AND VARIDESK, LLC JM 119162)
average count of FTE's working at the Improvements during each calendar week during the
Employment Period.
"Goods in Transit" shall have the same meaning assigned by Tax Code, Section 11.253.
"Grant Year" shall mean Tax Year, except the First Grant Year shall mean the eleventh
(1 lm) Tax Year following the Commencement Date.
"Grants" shall collectively mean the Annual Grants, the Employment Grants, the Permit
Fee Waiver, and the Sales Tax Grants.
"Impositions" shall mean all taxes, assessments, use and occupancy taxes, charges, excises,
license and permit fees, and other charges by public or governmental authority, general and special,
ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged,
levied, or imposed by any public or governmental authority on Company or any property or any
business owned by Company within City.
"Improvements" shall mean an industrial/ warehouse building containing 140,000-180,000
square feet of space upon Completion of Construction thereof on the Land, and other ancillary
facilities such as reasonably required parking and landscaping more fully described in the submittals
filed by Owner with the City, from time to time, in order to obtain a building permit(s), provided,
however, that "Improvements" shall not include the Land.
"Land" means the real property described in Exhibit "A".
"Maximum Employment Grant Amount" shall mean the aggregate payment of
Employment Grants for three hundred fifty (350) Employment Positions or Three Hundred Fifty
Thousand Dollars ($350,000.00).
"Payment Request" shall mean: (i) with respect to a Sales Tax Grant, a written request
from Company to the City for payment of a Sales Tax Grant accompanied by the Sales Tax
Certificate for the applicable Sales Tax Reporting Period; (ii) with respect to an Annual Grant, a
written request from Company to the City for payment of the applicable Annual Grant, which
request shall be accompanied by copies of tax statement and/or receipt(s) and/or other evidence
reasonably satisfactory to the City to establish that the ad valorem taxes assessed by the City
against the Property has been timely paid for such Grant Year; and (iii) with respect to an
Employment Grant, a written request from Company to City for payment of an Employment Grant
accompanied by employment records or other evidence reasonably satisfactory to the City to
establish the Employment Positions created and maintained during the applicable Employment
Period.
"Permit Fee Waiver" shall mean a waiver of fifty percent (50%) of the building permit fees
related to the construction of the Improvements.
"Property" shall collectively mean the Improvements and the Tangible Personal Property.
CITY OF COPPELL AND VARIDESK, LLC (TM 119162)
"Real Property" shall collectively mean the Land and Improvements.
"Related Agreement" shall mean: (i) any agreement (other than this Agreement) by and
between City and Company and/or Company Affiliate; and (ii) the Tax Abatement Agreement.
"Required Use" shall mean the manufacture, sale and distribution of Company products
consisting of Flexible furniture solutions to create workspaces that elevate people.
"Sales and Use Tax" shall mean the City's one percent (1%) sales and use tax imposed
pursuant to Chapter 321 of the Texas Tax Code on the sale of Taxable Items by Company
Consummated at the Improvements.
"Sales Tax Certificate" shall mean a report provided by the State of Texas to the City in
accordance with Texas Tax Code, Section 321.3022, (or other applicable provision of the Texas
Tax Code) which lists the amount of Sales and Use Tax paid (including any refunds, credits or
adjustments) received by the City from the State of Texas from the sale of Taxable Items by the
Company Consummated at the Improvements for the applicable Sales Tax Reporting Period and
the amount of Sales and Use Tax paid (including any refunds, credits or adjustments) received by
the City from the State of Texas from the purchase of materials for the construction of the
Improvements consummated at the Improvements during the period beginning on the Effective
Date and ending on the Commencement Date, or if such report is not available, a certificate or
other statement in the form reasonably approved by the City, setting forth the collection of Sales
and Use Tax (including any refunds, credits or adjustments) by Company received by the City
from the State of Texas, for the sale of Taxable Items by the Company Consummated at the
Improvements for the applicable Sales Tax Reporting Period and the amount of Sales and Use Tax
paid (including any refunds, credits or adjustments) received by the City from the State of Texas
from the purchase of materials for the construction of the Improvements consummated at the
Improvements during the period beginning on the Effective Date and ending on the
Commencement Date, and the total sales of Taxable Items by Company consummated at the
Improvements for the applicable Sales Tax Reporting Period, which are to be used to determine
eligibility of the Company for the Sales Tax Grants, together with such supporting documentation
required herein, and as the City may reasonably request. The Sales Tax Certificate shall at a
minimum contain, include or be accompanied by the following:
(a) A schedule detailing the amount of the Sales and Use Tax collected and paid to the
State of Texas as a result of the sale or purchase of Taxable Items by Company
Consummated at the Improvements for the then ending Sales Tax Reporting Period;
(b) A copy of all sales and use tax returns and reports, sales and use tax prepayment
returns, direct payment permits and reports, including amended sales and use tax
returns or reports, filed by Company for the then ending Sales Tax Reporting Period
showing the Sales and Use Tax collected (including sales and use tax paid directly
to the State of Texas pursuant to a direct payment certificate) by Company for the
sale of Taxable Items by Company Consummated at the Improvements and
showing the amount of Sales and Use Tax paid (including any refunds, credits or
adjustments) received by the City from the State of Texas from the purchase of
CITY OF COPPELL AND VARIDESK, LLC JM 119162)
materials for the construction of the Improvements consummated at the
Improvements during the period beginning on the Effective Date and ending on the
Commencement Date, including any supporting work papers;
(c) A copy of all direct payment and self-assessment returns, including amended
returns, filed by Company for the previous ending Sales Tax Reporting Period
showing the Sales and Use Tax paid for the sale of Taxable Items by Company
Consummated at the Improvements and the Sales and Use Tax paid (including any
refunds, credits or adjustments) received by the City from the State of Texas from
the purchase of materials for the construction of the Improvements consummated
at the Improvements during the period beginning on the Effective Date and ending
on the Commencement Date;
(d) Information concerning any refund or credit received by Company of the Sales or
Use Taxes paid or collected by Company which has previously been reported by
Company as Sales and Use Tax paid or collected; and information concerning any
Sales and Use Tax adjustments made pursuant to any sales and use tax audits by
the State of Texas of either Company and its customers involving amounts reported
by Company as subject to this Agreement;
(e) A schedule detailing the total sales of Taxable Items by Company Consummated at
the Improvements for the then ending Sales Tax Reporting Period and the total
amount of the purchases of materials for the construction of the Improvements
consummated at the Improvements during the period beginning on the Effective
Date and ending on the Commencement Date.
"Sales Tax Grants" shall mean: (A) ten (10) annual economic development grants to be
paid by City to Company each in the amount equal to seventy-five percent (75%) of the Sales Tax
Receipts for the applicable Sales Tax Reporting Period; and (B) economic development grants to
be paid by City to Company each in the amount equal to seventy-five percent (75%) of the Sales
Tax Receipts for the purchase of materials for the construction of the Improvements consummated
at the Improvements during the period beginning on the Effective Date and ending on the
Commencement Date, to be paid to Company as set forth herein. The amount of each Sales Tax
Grant shall be computed by multiplying the Sales Tax Receipts received by the City for a given
Sales Tax Reporting Period by seventy-five percent (75%) less any administrative fee charged to
City by the State of Texas for collection of the Sales and Use Taxes pursuant to Tax Code Section
321.503 or other applicable law.
"Sales Tax Receipts" shall mean City's receipts of Sales and Use Tax from the State of
Texas from Company's collection of Sales and Use Tax (it being expressly understood that City's
one percent (1%) sales and use tax receipts are being used only as a measurement for its use of
general funds to make a grant for economic development purposes) as a result of sale and purchase
of Taxable Items by Company for the applicable Sales Tax Reporting Period Consummated at the
Improvements.
CITY OF COPPELL AND VARIDESK, LLC JM 119162)
"Sales Tax Reporting Period" shall mean (except for the Sales Tax Grants for Sales Tax
Receipts from the purchase of materials for the construction of the Improvements consummated
at the Improvements during the period beginning on the Effective Date and ending on the
Commencement Date) each twelve (12) month period during the term of this Agreement provided
however the first Sales Tax Reporting Period shall begin with January 1 of the calendar
immediately following the Commencement Date. The first Sales Tax Reporting period shall
include the Sales Tax Receipts from the purchase of materials for the construction of the
Improvements consummated at the Improvements during the period beginning on the Effective
Date and ending on the Commencement Date
"State of Texas" shall mean the office of the Texas Comptroller, or its successor.
"Tangible Personal Property" shall have the same meaning assigned by Tax Code, Section
1.04, and shall mean all tangible personal property, equipment, fixtures, and machinery, inventory
and supplies owned or leased by Company and located in the Improvements on January 1 of a
given Tax Year. Tangible Personal Property shall not include Freeport Goods or Goods in Transit.
"Tax Abatement Agreement" shall mean that certain tax abatement agreement by and
between Company dated of approximate date herewith.
"Tax Year" shall have the meaning assigned to such term in Section 1.04 of the Texas Tax
Code (i.e., the calendar year).
"Taxable Items" shall mean both "taxable items" and "taxable services" as those terms are
defined by Chapter 151, Texas Tax Code, as amended.
"Taxable Value" means the appraised value as certified by the Appraisal District as of
January 1 of a given year.
Article III
Economic Development Grant
3.1 Employment Grant.
(a) Subject to the continued satisfaction of the terms and conditions of this Agreement
by Company, and the obligation of Company to repay the Grants pursuant to Article V hereof,
City agrees to provide the Company with the Employment Grants during the period beginning
with the Effective Date and ending the seventh (7m) anniversary date of the Commencement Date,
not to exceed the Maximum Employment Grant Amount, as set forth herein. Beginning on the first
anniversary date of the Commencement Date and each anniversary date of the Commencement
Date thereafter, Company shall provide City with employment records and/or other evidence
reasonably satisfactory to City to establish the Employment Positions created and maintained
during the then ending Employment Period.
(b) Each Employment Grant shall be paid within thirty (30) days after City receipt of
a Payment Request and City verification of the Employment Positions for the related Employment
CITY OF COPPELL AND VARIDESK, LLC (TM 119162)
Period following each anniversary date of the Commencement Date. For illustration purposes only
assume that as of the first anniversary date of the Commencement Date that City has verified that
Company had filled and maintained one hundred (100) Employment Positions for the Employment
Period (beginning on the Commencement Date and ending 12 months later) then City would pay
Employment Grants totaling $100,000.00 ($1,000.00 x 100 Employment Positions). For further
illustration assume that, as of the second anniversary of the Commencement Date, City verified
that Company had for the Employment Period (beginning on the first anniversary of the
Commencement Date and ending 12 months later) filled and maintained one hundred (100)
additional net Employment Positions in excess of the Employment Positions for the first
Employment Period then City would pay Employment Grants totaling $100,000.00 ($1,000.00 x
100 Employment Positions). For further illustration assume that, as of the third anniversary of the
Commencement Date, City verified that Company had for the Employment Period (beginning on
the second anniversary of the Commencement Date and ending 12 months later) filled and
maintained two hundred (200) additional net Employment Positions in excess of the Employment
Positions for the first and second Employment Periods then the City would pay Employment
Grants totaling $150,00.00 ($1000.00 x 150 Employment Positions)(total of 400 Employment
Positions less the maximum of 350 Employment Positions.
(c) Company shall submit the Payment Request no earlier than thirty (30) days after
each anniversary date of the Commencement Date during the period beginning with the
Commencement Date and ending on the seventh (7m) anniversary date of the Commencement
Date, and not later than sixty (60) days after the Commencement Date or anniversary date thereof,
as the case may be. The failure to timely submit a Payment Request shall forfeit the entitlement of
Company to the Employment Grant for the applicable Employment Period.
(d) Any Employment Position for which an Employment Grant has been paid by City
to Company shall be maintained during the term of this Agreement. The failure to maintain an
Employment Position, for which an Employment Grant has been paid, during the term of this
Agreement shall not be considered an event of default subject to termination and repayment of the
Grants pursuant to Article V, provided Company repays to City the Employment Grant paid by
City to Company for each such Employment Position within thirty (30) days after written demand
by City. The failure to timely repay such Employment Grant(s) shall be considered an event of
default subject to termination pursuant and repayment of the Grants pursuant to Article V. In the
event of voluntary or involuntary termination of an employee, which termination causes the
elimination of an Employment Position, the Company shall not be in default and shall not be
required to repay the Grant for such Employment Position provided such Employment Position is
re-established within ninety (90) days of such employee termination.
(e) In no case shall the total amount of Employment Grants to be paid by City to
Company pursuant to this Agreement exceed Three Hundred Fifty Thousand Dollars
($350,000.00) or exceed three hundred fifty (350) Employment Positions. If Company has been
paid an Employment Grant for an Employment Position that is later repaid pursuant to Section 3.1
(d) above such Employment Position is no longer eligible for an Employment Grant.
3.2. Annual Grants.
CITY OF COPPELL AND VARIDESK, LLC JM 119162)
(a) Subject to the continued satisfaction of all of the terms and conditions of this
Agreement by Company, and the obligation of Company to repay the Grants pursuant to Article
V hereof, the City agrees to provide Company with Annual Grants each in an amount equal to the
percentage of the City ad valorem taxes assessed against the Property and collected by the City the
according to the schedule set forth below for the applicable Grant Years in excess of the ad valorem
taxes assessed by City against the Property and collected by City for the Base Year.
Grant Years Percentage
(Tax Year following
Commencement Date)
11-20 90%
21-27 80%
Company shall submit a Payment Request for the respective Annual Grant on or before
March 1 of the applicable calendar year but no later than 180 -days thereafter, beginning March 1
of the calendar year following the First Grant Year. Such Annual Grants shall be paid by the City
to Company within thirty (30) days after the City's receipt of the applicable Payment Request
following March 1 of each calendar year (or the immediately following business day if March 1 is
not a business day), beginning with March 1 of the calendar year following the First Grant Year,
provided the City has timely received the City ad valorem taxes assessed against the Property in
full for the respective Grant Year (i.e., the Tax Year immediately preceding the year in which an
Annual Grant is to be made) (with it understood that the immediately preceding Tax Year is used
to determine the amount of the Annual Grant) prior to the delinquency date. If Company fails to
timely submit a Payment Request for an Annual Grant such failure shall not constitute a breach or
default of this Agreement subject to termination and repayment of the Grants as provided in Article
V hereof but shall operate as a forfeiture of such Annual Grant for such Grant Year. If such a
forfeiture occurs for any Grant Year, the Company will still be eligible to receive the Annual
Grants for the remaining Grant Years provided the Company is not otherwise in breach or default
of this Agreement or a Related Agreement.
(b) Tax Protest. In the event Company or another party timely and properly protests
or contests (including any motion to correct the appraisal roll) the Taxable Value and/or the
taxation of the Property (the "Protest Property") with the applicable appraisal district (or its
successor)(the "Tax Protest"), the obligation of the City to provide the Annual Grant with respect
to the Protest Property or portion thereof, for such Tax Year shall be abated with regard to the
amount of ad valorem taxes that are in dispute (based on the amount or portion of Taxable Value
of the Protest Property in dispute) until a final determination has been made of such Tax Protest.
In the event of a Tax Protest, the City shall send written notice to Company of the amount of ad
valorem taxes that are in dispute (based on the amount or portion of Taxable Value of the Protest
Property in dispute or the entire amount if the contested amount is unknown to the City). However,
in the event a Tax Protest results in a final determination that changes the appraised value and/or
the Taxable Value of the Protest Property, or the amount of ad valorem taxes assessed and due for
the Protest Property, or portion thereof, after an Annual Grant has been paid, which includes the
Annual Grant for such Protest Property for such Tax Year, the Annual Grant applicable to such
CITY OF COPPELL AND VARIDESK, LLC JM 119162)
Protest Property will be adjusted accordingly and the Annual Grant with respect to such Tax Year
shall be recomputed (increased or decreased, as the case may be) and the amount of any
overpayment or underpayment shall reduce or increase the amount of the following Tax Year's
Annual Grant. In the event there are no further Annual Grants due under this Agreement and the
Taxable Value with respect to such Protest Property is reduced the Company shall, within thirty
(30) days after written demand from the City, reimburse the City for such over payment of any
such Annual Grants.
(c) Refunds and Underpayments of Grants. In the event the City reasonably determines
that the amount of any Annual Grant paid by the City to Company was greater than the correct
amount to which Company was entitled, Company shall, within sixty (60) calendar days after
receipt of written notification thereof from the City specifying the amount by which such Annual
Grant exceeded the correct amount to which Company was entitled (together with such records,
reports and other information necessary to support such determination), pay such amount to the
City. If the City or Company reasonably determine that the amount by which such Annual Grant
was less than the correct amount to which Company was entitled (together with such records,
reports and other information necessary to support such determination), the City shall, within sixty
(60) calendar days after such determination, pay the adjustment to Company. The Parties shall
mutually determine an underpayment or overpayment of an Annual Grant based on records and
reports of the City ad valorem taxes assessed against the Property and collected by the City for the
applicable Tax Year.
3.3 Permit Fee Waiver. The City agrees to provide Company the Permit Fee Waiver
as the Improvements are constructed.
3.4 Sales Tax Grants.
(a) Sales Tax Grant. Subject to the continued satisfaction of all the terms and
conditions of this Agreement by Company, and the obligation of Company to repay the Grants in
accordance with Article V hereof, City agrees to provide Company with ten (10) annual Sales Tax
Grants. The Sales Tax Grants shall be paid within ninety (90) days after receipt of a Payment
Request following the end of the applicable Sales Tax Reporting Period beginning with the first
Sales Tax Reporting Period. Each Payment Request shall be submitted to City not later than sixty
(60) days after the end of each Sales Tax Reporting Period. Failure to timely submit a Payment
Request for a Sales Tax Reporting Period shall operate as a forfeiture of the Sales Tax Grant for
such Sales Tax Reporting Period and such failure shall not be considered as an event of default
subject to termination and repayment as provided in Article V hereof. If such a forfeiture occurs
for any Sales Tax Grant, the Company will still be eligible to receive the Sales Tax Grants for the
remaining Grant Years provided the Company is not otherwise in breach or default of this
Agreement or a Related Agreement.
(b) Adjustment Notification. Company shall promptly notify City in writing of any
adjustments found, determined or made by Company, the State of Texas, or by an audit that results,
or will result, in either a refund or reallocation of Sales Tax Receipts or the payment of Sales and
Use Tax or involving amounts reported by Company as subject to this Agreement. Such
notification shall also include the amount of any such adjustment in Sales and Use Tax or Sales
CITY OF COPPELL AND VARIDESK, LLC JM 119162)
Tax Receipts. Company shall notify City in writing within thirty (30) days after receipt of notice
of the intent of the State of Texas, to audit Company or to re -allocate Sales and Use Tax. Such
notification shall also include the period of such audit or investigation.
(c) Amended Returns. In the event Company files an amended sales and use tax return,
or report with the State of Texas, or if additional Sales and Use Tax is due and owing by Company
to the State of Texas, as determined or approved by the State of Texas, affecting Sales Tax Receipts
for a previous Sales Tax Reporting Period, then the Sales Tax Grant payment for the Sales Tax
Reporting Period immediately following such State of Texas approved amendment shall be
adjusted accordingly (i.e., up or down, depending on the facts), provided City has received Sales
Tax Receipts attributed to such adjustment. As a condition precedent to payment of such
adjustment, Company shall provide City with a copy of any such amended sales and use tax report
or return, and the approval thereof by the State of Texas. Copies of any amended sales and use tax
return or report or notification from the State of Texas that additional Sales and Use Tax is due
and owing by Company to the State of Texas, as determined by the State of Texas, affecting Sales
Tax Receipts for a previous Sales Tax Reporting Period shall be provided to City with the Payment
Request for the next Sales Tax Reporting Period.
(d) Refunds and Underpayments of Sales Tax Grants. In the event the State of Texas
determines that City erroneously received Sales Tax Receipts, or that the amount of Sales and Use
Tax paid to Company exceeds (or is less than) the correct amount of Sales and Use Tax for a
previous Sales Tax Reporting Period, for which Company has received a Sales Tax Grant,
Company shall, within sixty (60) days after receipt of notification thereof from City specifying the
amount by which such Sales Tax Grant exceeded the amount to which Company was entitled
pursuant to such State of Texas determination, adjust (up or down, depending on the facts) the
amount claimed due for the Sales Tax Grant payment for the Sales Tax Reporting Period
immediately following such State of Texas determination. If Company does not adjust the amount
claimed due for the Sales Tax Grant payment for the Sales Tax Reporting Period immediately
following such State of Texas determination City may, at its option, adjust the Sales Tax Grant
payment for the Sales Tax Reporting Period immediately following such State of Texas
determination. If the adjustment results in funds to be paid back to City, Company shall repay
such amount to City within sixty (60) days after receipt of such State of Texas determination. The
provisions of this Section shall survive termination of this Agreement.
(e) Sales Tax Grant Payment Termination, Suspension. The payment of Sales Tax
Grants shall terminate on the effective date of determination by the State of Texas or other
appropriate agency or court of competent jurisdiction that the Improvements are not a place of
business resulting in Sales and Use Taxes being due the City from the sale of Taxable Items by
Company consummated at the Improvements. In the event the State of Texas seeks to invalidate
the Improvements as a place of business where Sales and Use Tax was properly remitted to the
State of Texas (the "Comptroller Challenge") the payment of Sales Tax Grants by City hereunder
shall be suspended until such Comptroller Challenge is resolved in whole favorably to City. In
such event, Company shall not be required to refund Sales Tax Grants previously received from
City provided Company is actively defending against and/or contesting the Comptroller Challenge
and Company promptly informs City in writing of such Company actions and with copies of all
documents and information related thereto. In the event the Comptroller Challenge is not resolved
CITY OF COPPELL AND VARIDESK, LLC JM 119162)
favorably to City and/or in the event the State of Texas determines that the Improvements are not
a place of business where the Sales and Use Tax was properly remitted to the State of Texas, and
Sales and Use Tax Receipts previously paid or remitted to City relating to the Improvements are
reversed and required to be repaid to the State of Texas, then the obligation to pay the Sales Tax
Grants shall terminate and Company shall refund all Sales Tax Grants received by Company from
City that relate to the Comptroller Challenge, which refund shall be paid to City within sixty (60)
days of the date that the Comptroller Challenge required City to repay Sales and Use Tax Receipts.
(f) Indemnification. THE COMPANY AGREES TO DEFEND, INDEMNIFY AND
HOLD THE CITY, ITS COUNCIL, OFFICERS, AGENTS AND EMPLOYEES
(COLLECTIVELY THE "CITY") HARMLESS FROM AND AGAINST ANY AND ALL
REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUDGMENTS,
ATTORNEY FEES, COSTS, EXPENSES, AND DEMANDS BY THE STATE OF TEXAS
THAT THE CITY HAS BEEN PAID ERRONEOUSLY, OVER -PAID OR INCORRECTLY
ALLOCATED SALES AND USE TAX ATTRIBUTED TO THE PURCHASE OR SALE OF
TAXABLE ITEMS BY THE COMPANY CONSUMMATED AT THE IMPROVEMENTS FOR
ANY SALES TAX REPORTING PERIOD DURING THE TERM OF THIS AGREEMENT
("CLAIM"). IT BEING THE INTENTION OF THE PARTIES THAT THE COMPANY SHALL
BE RESPONSIBLE FOR THE REPAYMENT OF SALES TAX GRANTS PAID TO
COMPANY HEREIN BY CITY THAT INCLUDES SALES AND USE TAX RECEIPTS THAT
THE STATE OF TEXAS HAS DETERMINED WERE ERRONEOUSLY, PAID, COLLECTED,
DISTRIBUTED, OR ALLOCATED TO THE CITY.
THE INDEMNIFICATION PROVIDED ABOVE SHALL NOT APPLY TO ANY
LIABILITY RESULTING SOLELY FROM THE ACTIONS OR OMISSIONS OF THE CITY.
THE COMPANY SHALL BE OBLIGATED TO PAY REASONABLE ATTORNEY FEES AND
OTHER THIRD -PARTY COSTS INCURRED BY THE CITY TO DEFEND OR CONTEST A
CLAIM.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT
OF THE PARTIES HERETO AND DO NOT CREATE ANY OBLIGATIONS FROM OR
GRANT ANY CONTRACTUAL OR OTHER RIGHTS TO ANY OTHER PERSON OR
ENTITY, OTHER THAN OBLIGATIONS, IF ANY, THAT ARISE FROM COMPANY TO
CITY TO PERFORM OBLIGATIONS CREATED BY THIS SECTION.
3.5 Current Revenue. The Grants shall be paid solely from annual appropriations from
the general funds of the City or from such other funds of the City as may be legally set aside for
such purpose consistent with Article III, Section 52(a) of the Texas Constitution.
3.6 Grant Limitations. Under no circumstances shall the obligations of the City
hereunder be deemed to create any debt within the meaning of any constitutional or statutory
provision. None of the obligations of the City under this Agreement shall be pledged or otherwise
encumbered by Company in favor of any commercial lender and/or similar financial institution.
Article IV
CITY OF COPPELL AND VARIDESK, LLC JM 119162)
Conditions to Grant
The obligation of the City to pay the Grants shall be conditioned upon the compliance and
satisfaction by the Company of the terms and conditions of this Agreement and each of the
conditions set forth in Article IV.
4.1 Payment Request. Company shall, as a condition precedent to the payment of each
applicable Grant, timely provide City with the applicable Payment Request.
4.2 Good Standing. The Company shall not have an uncured breach or default of this
Agreement, or a Related Agreement.
4.3 Required Use. During the term of this Agreement beginning on the Commencement
Date and continuing until the Expiration Date the Real Property shall not be used for any purpose
other than the Required Use, and the operation of the Real Property in conformance with the
Required Use shall not cease for more than thirty (30) continuous days except in connection with,
and to the extent of an event of Force Majeure or Casualty.
4.4 Construction of Improvements. Company shall subject to events of Force Majeure
cause Commencement of Construction of the Improvements to occur on or before October 1, 2021;
and shall subject to events of Force Majeure cause Completion of Construction of the
Improvements to occur on or before October 1, 2022.
4.5 Continuous Ownership and Occupancy. The Company shall, beginning on the
Commencement Date and continuing thereafter until the Expiration Date, continuously own or
lease, and occupy the Real Property.
4.6 Sales Tax Certificate. Company shall during the term of this Agreement, provide
to City a Sales Tax Certificate thirty (30) days after the end of each Sales Tax Reporting Period.
Article V
Termination
5.1 Termination. This Agreement shall terminate upon any one or more of the
following:
(a) by written agreement of the Parties;
(b) Expiration Date;
(c) upon written notice, by either Party in the event the other Party breaches any of the
terms or conditions of this Agreement, or a Related Agreement, and such breach is not cured within
sixty (60) days after the nonbreaching Party sends written notice to the breaching Party of such
breach;
(d) upon written notice, by City, if Company suffers an event of Bankruptcy or
Insolvency;
(e) upon written notice, by City, if any Impositions owed to City or the State of Texas
by Company shall become delinquent (provided, however, Company retains the right to timely
CITY OF COPPELL AND VARIDESK, LLC JM 119162)
and properly protest and contest any such Impositions) and if Company does not resolve such
delinquency within thirty (30) days of such written notice; or
(f) upon written notice, by either Party, if any subsequent Federal or State legislation
or any decision of a court of competent jurisdiction declares or renders this Agreement invalid,
illegal or unenforceable.
5.2 Repayment. In the event the Agreement is terminated by City pursuant to Section
5.1 (c), (d), (e) or (f), Company shall immediately refund to City an amount equal to the Grants paid
by City to Company preceding the date of such termination, with interest at the rate periodically
announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall
Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at
the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New
York money center bank selected by City) as its prime or base commercial lending rate, from the
date on which each Grant is paid by City until each such Grant is refunded by Company. The
repayment obligation of Company set forth in this section shall survive termination.
5.3 Right of Offset. City may, at its option, offset any amounts due and payable under
this Agreement against any debt (including taxes) lawfully due to City from Company, regardless
of whether the amount due arises pursuant to the terms of this Agreement, a Related Agreement
or otherwise and regardless of whether or not the debt due City has been reduced to judgment by
a court.
Article VI
Miscellaneous
6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon
the successors and permitted assigns of the Parties hereto. This Agreement may not be assigned
without the express written consent of the City Manager.
6.2 Limitation on Liability. It is understood and agreed between the Parties that the
Company, in satisfying the conditions of this Agreement, has acted independently, and the City
assumes no responsibilities or liabilities to third parties in connection with these actions. The
Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes
of actions, liabilities and expenses of any nature whatsoever by a third party arising out of the
Company's failure to perform its obligations under this Agreement.
6.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the Parties.
6.4 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations that are granted and assumed under this Agreement.
6.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return
CITY OF COPPELL AND VARIDESK, LLC (TM 119162)
receipt requested, addressed to the Party at the address set forth below or on the day received if
sent by courier or otherwise hand delivered.
If intended for City, to
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
If intended for Company:
Attn: Jason McCann
Varidesk, LLC
Coppell, Texas
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 N. Akard
Dallas, Texas 75201
With a copy to:
6.6 Entire Agreement. This Agreement is the entire Agreement between the Parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written Agreement between the Parties that in any manner relates to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.7 Governing Law. The Agreement shall be governed by the laws of the State of
Texas without regard to any conflict of law rules. Exclusive venue for any action concerning this
Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
6.8 Amendment. This Agreement may only be amended by the mutual written
agreement of the Parties.
6.9 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the
intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
6.10 Recitals. The recitals to this Agreement are incorporated herein.
6.11 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
CITY OF COPPELL AND VARIDESK, LLC (TM 119162)
6.12 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination
6.13 Employment of Undocumented Workers. During the term of this Agreement the
Company agrees not to knowingly employ any undocumented workers and, if convicted of a
violation under 8 U.S. C. Section 1324a (f), the Company shall repay the amount of the Grants and
any other funds received by the Company from City as of the date of such violation within one
hundred twenty (120) days after the date the Company is notified by City of such violation, plus
interest at the rate of four percent (4%) compounded annually from the date of violation until paid.
The Company is not liable for a violation of this section in relation to any workers employed by a
subsidiary, affiliate, or franchisee of the Company or by a person with whom the Company
contracts.
6.14 Conditions Precedent. This Agreement is expressly subject to and the obligations
of the Parties are contingent upon Company closing the purchase of the Land on or before February
15, 2020.
[Signature page to follow]
CITY OF COPPELL AND VARIDESK, LLC (TM 119162)
EXECUTED on this day of , 2020.
APPROVED AS TO FORM:
Im
City Attorney
CITY OF COPPELL, TEXAS
Karen Selbo Hunt, Mayor
ATTEST:
Ashley Owens, City Secretary
EXECUTED this the day of , 2020.
VARIDESK, LLC
m.
Jason McCann,
CITY OF COPPELL AND VARIDESK, LLC (TM 119162)
EXHIBIT "A"
Legal Description of Property
BEING a 9.84 acre (428,553 square foot) tract of land situated in the Thomas W. Cousey Survey,
Abstract Number 317, City of Coppell, Dallas County, Texas, and being part of Lot 1, Block 1 of
Lots 1 & 2, Phase 1, Block 1, One Twenty One Business Park, an addition to the City of Coppell,
Dallas County, Texas, as recorded in Volume 99157, Page 27 of the Deed Records of Dallas
County, Texas (D.R.D.C.T.) and being all of a tract of land described in Special Warranty Deed
to Sealy Canyon Drive Land, L.L.C, as recorded in Instrument Number 201600333502 of the
Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), and being all of Lot 6R, Block
A of Prologis Park One Twenty One, Lots 5R and 6R, Block A, an addition to the City of Coppell,
Dallas County, Texas, as recorded in Instrument Number 201600331182, O.P.R.D.C.T. and being
all of called 5.93 acre tract of land described in deed to Prologis Logistics Services Incorporated,
as recorded in Instrument Number 201500253657, O.P.R.D.C.T., and being more particularly
described as follows:
BEGINNING at the northeast corner of a called 1.678 acre tract of land described as "Parcel 16"
in deed to State of Texas, as recorded in Instrument Number 201200222193, O.P.R.D.C.T., said
corner being the intersection of the east right-of-way line of State Highway 121, the south right-
of-way line of said Canyon Drive (a 60 -foot wide right-of-way), the north line of said Lot 1, and
the point of curvature of a non -tangent circular curve to the left, having a radius of 460.27 feet,
whose chord bears South 79 degrees 47 minutes 15 seconds East, a distance of 166.34 feet, from
which a found monument bears South 73 degrees 03 minutes 47 seconds West, a distance of 1.0
feet;
THENCE Southeasterly, with the north of said Lot 1, the south right-of-way line of said Canyon
Drive and with said curve, through a central angle of 20 degrees 49 minutes 17 seconds, an arc
distance of 167.26 feet to a corner, from which a 5/8 -inch found iron rod with cap stamped "M.
FELOBUSCH" bears South 55 degrees 55 minutes 26 seconds West, a distance of 0.4 feet;
THENCE North 89 degrees 43 minutes 31 seconds East, with the north line of said Lot 1 and the
south right-of-way line of said Canyon Drive, a distance of 8.24 feet to a set crow's foot for the
intersection of said south right-of-way and the west right-of-way line of Northwest Drive (a 33 -
foot wide right-of-way), said corner being the point of curvature of a tangent circular curve to the
right, having a radius of 25.00 feet, whose chord bears South 22 degrees 48 minutes 47 seconds
East, a distance of 19.17 feet;
THENCE with the west right-of-way line of said Northwest Drive, the following bearings and
distances:
Southerly, with the east line of said Lot 1 and with said curve, through a central angle of 45 degrees
04 minutes 36 seconds, an arc distance of 19.67 feet to a found "X" cut in concrete for corner;
South 00 degrees 16 minutes 29 seconds East, with the east line of said Lot 1, a distance of 382.20
feet to a set "X" cut in concrete for the southeast corner of said Lot 1;
PAGE 1 EXHIBIT A TO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
CITY OF COPPELL AND VARIDESK, LLC (TM 118962)
EXHIBIT "A"
Legal Description of Property
South 89 degrees 43 minutes 54 seconds West, with the south line of said Lot 1, a distance of 2.75
feet to a 1/2 -inch found iron rod with yellow plastic cap stamped "HALFF" (hereinafter referred
to as "with cap") for the northeast corner of said Lot 6R;
THENCE with the common east line of said Lot 6R and the west right-of-way line of said
Northwest Drive (a 38 -foot wide right-of-way), the following bearings and distances:
South 00 degrees 11 minutes 52 seconds East, a distance of 1.08 feet to a 1/2 -inch found iron rod
with cap for the point of curvature of a tangent circular curve to the right, having a radius of 181.00
feet, whose chord bears South 32 degrees 38 minutes 48 seconds West, a distance of 195.43 feet;
Southwesterly, with said curve, through a central angle of 65 degrees 20 minutes 56 seconds, an
arc distance of 206.44 feet to a 1/2 -inch found iron rod with cap for the point of reverse curvature
of a tangent circular curve to the left, having a radius of 219.00 feet, whose chord bears South 53
degrees 43 minutes 48 seconds West, a distance of 88.01 feet;
Southwesterly, with said curve, through a central angle of 23 degrees 10 minutes 56 seconds, an
arc distance of 88.61 feet to a 1/2 -inch found iron rod with cap for corner;
South 42 degrees 08 minutes 20 seconds West, a distance of 412.07 feet to a 1/2 -inch found iron
rod with cap for corner;
South 87 degrees 08 minutes 20 seconds West, a distance of 26.85 feet to a 1/2 -inch found iron
rod with cap for the point of curvature of a non -tangent circular curve to the left, having a radius
of 310.50 feet, shoes chord bears North 53 degrees 13 minutes 15 seconds West, a distance of
33.22 feet, said corner being the intersection of the northwest right-of-way line of said Northwest
Drive and the northeast right-of-way line of Freeport Parkway (a variable width right-of-way);
THENCE with the northeast right-of-way line of said Freeport Parkway and the southwest line of
said Lot 6R, the following bearings and distances:
Northwesterly, with said curve, through a central angle of 06 degrees 07 minutes 58 seconds, an
arc distance of 33.24 feet to a 1/2 -inch found iron rod with cap for corner;
North 56 degrees 17 minutes 14 seconds West, a distance of 89.18 feet to a 1/2 -inch found iron
rod with cap for the point of curvature of a tangent circular curve to the right, whose chord bears
North 52 degrees 11 minutes 09 seconds West, a distance of 160.85 feet;
Northwesterly, with said curve, through a central angle of 08 degrees 12 minutes 09 seconds, an
arc distance of 160.99 feet to a 1/2 -inch found iron rod with cap for corner at the intersection of
the northeast right-of-way line of said Freeport Parkway with the southeast right-of-way line of
said State Highway 121;
PAGE 2 EXHIBIT A TO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
CITY OF COPPELL AND VARIDESK, LLC (TM 118962)
EXHIBIT "A"
Legal Description of Property
THENCE with the southeast right-of-way line of said State Highway 121, the following bearings
and distances:
North 43 degrees 04 minutes 04 seconds West, with the southwest line of said Lot 6R, a distance
of 9.35 feet to a found monument for corner;
North 47 degrees 59 minutes 54 seconds West, with the southwest line of said Lot 6R, a distance
of 75.82 feet to a found monument for corner;
North 22 degrees 13 minutes 47 seconds West, with the southwest line of said Lot 6R, a distance
of 85.52 feet to a found monument for corner;
North 37 degrees 38 minutes 29 seconds East, with the northwest line of said Lot 6R, a distance
of 145.94 feet to a found monument for corner;
North 41 degrees 19 minutes 26 seconds East, with the northwest line of said Lot 6R, a distance
of 135.07 feet to a found monument for the northwest corner of said Lot 6R, said corner being on
the south line of said Lot 1;
South 89 degrees 43 minutes 54 seconds West, with the south line of said Lot 1, a distance of 0.47
feet to a found monument for the southwest corner of said Lot 1 and the southeast corner of said
1.678 acre tract;
THENCE with the southeast right-of-way line of said State Highway 121 and the northwest line
of said Lot 1, the following bearings and distances:
North 41 degrees 19 minutes 26 seconds East, a distance of 267.77 feet to a found monument for
corner;
North 37 degrees 08 minutes 49 seconds East, a distance of 256.90 feet to a found monument for
corner;
North 75 degrees 28 minutes 20 seconds East, a distance of 104.95 feet to the POINT OF
BEGINNING AND CONTAINING 9.84 acres (428,553 square feet) of land, more or less.
PAGE 3 EXHIBIT A TO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
CITY OF COPPELL AND VARIDESK, LLC (TM 118962)
C',P FE L
File ID: 2020-5415
Version: 1
City of Coppell, Texas
Master
File Number: 2020-5415
Type: Ordinance
Reference:
File Name: Temporary signage enforcement extension
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 11/23/2020
Final Action:
Title: Consider approval of an Ordinance extending the moratorium against
enforcement on Sections 6-15-3 (A), 6-15-4 and 6-15-5 (3) (A) and (B), (J) -
(M), (4) and (8), Article 16 "Business Regulations" of Chapter 6-15
"Temporary Signs" for a period of time until June 30, 2021; and authorizing
the Mayor to sign.
Notes:
Sponsors:
Attachments: Memo.pdf, Ordinance extending moratorium of
Chapter 6 Article 6-15.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5415
Title
Consider approval of an Ordinance extending the moratorium against enforcement on Sections
6-15-3 (A), 6-15-4 and 6-15-5 (3) (A) and (B), (J) - (M), (4) and (8), Article 16 "Business
Regulations" of Chapter 6-15 "Temporary Signs" for a period of time until June 30, 2021; and
authorizing the Mayor to sign.
Summary
In order to help retail and restaurant establishments in their business recovery efforts, staff is
requesting to extend the current suspension of enforcement efforts for temporary signs on
commercial private property.
Fiscal Impact:
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5415)
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
Staff recommends approval.
Strategic Pillar Icon:
ireate III'; usuneoo wind Ilhininovatioin Modes
City of Coppell, Texas Page 2 Printed on 12/4/2020
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: December 8, 2020
Reference: Consider approval of an Ordinance extending the moratorium against enforcement
on Sections 6-15-3 (A), 6-15-4 and 6-15-5 (3) (A) and (B), (J) - (M), (4) and (8),
Article 16 "Business Regulations" of Chapter 6-15 "Temporary Signs" for a period
of time until June 30, 2021; and authorizing the Mayor to sign.
2040: Create Business and Innovation Nodes
Introduction:
On May 12, 2020, City Council approved an Ordinance that declared a moratorium of enforcement
on certain sections of Article 16, Chapter 6 of the City of Coppell Code of Ordinances that pertains
to on -premise temporary signs. City Council passed this Ordinance due to COVID-19 because the
pandemic impacted so many businesses that were forced to close or limit their service offerings. In
order to help them in their recovery efforts, the City wanted to allow businesses more opportunities
to advertise their services using on -premise temporary signage.
The Ordinance placed a moratorium on enforcement of certain sections of Article 16, Chapter 6-15,
Sections 6-15-3 (A), 6-15-4 and 6-15-5 (3) (A) and (B), (J) -(M) and (8) of the City of Coppell Code
of Ordinances. Those sections read as follows:
Sec. 6-15-3. - Signs.
It is declared purpose of this section that in time all temporary signs shall either conform to the
provisions of this section or be removed. By the passage of this ordinance and its amendments, no
presently illegal sign shall be deemed to have legalized unless such sign complies with all current
standards under the terms of this article and all other ordinances of the city. Any sign which does
not conform to all provisions of this article shall be a prohibited sign.
(A)
No person may place, erect, or otherwise maintain any sign, as defined herein, either prior to or
after the adoption of this ordinance, except as permitted in this article or under the Chapter 12, and,
on any private property such sign in violation of this article, same shall be construed as a public
nuisance and the city may, without notice, remove and destroy any such sign, except as provided
herein.
Sec. 6-15-4. - Permit procedures and fees.
Permits: No person shall erect, construct, relocate, alter, or repair any on premise or off -premise on
any property except as authorized or permitted under this article. All signs permitted under this
article shall not be placed, erected or maintained unless a permit is issued in accordance with this
chapter, except as otherwise provided in this section. This section does not apply to government
signs.
2.
Application: Application for a permit shall include a drawing to scale of the proposed sign and all
existing signs maintained on the premises and visible from the right-of-way, and the sign
specifications.
Fees: Every applicant, before being granted a permit, shall pay the applicable fee established by
resolution of the city council.
(A)
Any person who erects, places, alters, repairs or relocates a sign, or commences work thereon,
without first having obtained a permit, shall pay a late fee equal to twice the amount of the
applicable sign permit fee.
4.
[Permanent sign.] Any permanent sign placed, erected or maintained are exempt from this article.
Sec. 6-15-5. - Provisions for all zoning districts.
Prohibited signs: The following types of signs are specifically prohibited.
(A)
Portable signs.
(B)
Balloons, streamers, bunting, banners, flags, flag poles, pole signs or signs that contain moving
parts unless otherwise specifically allowed by this section.
(J)
A -framed signs (signs located in the back of a truck or other vehicle).
(K)
Can signs made of plastic or similar translucent materials.
(L)
Hand-held signs, except as provided in subsection 2.(C) of this section.
(M)
Inflatable signs.
8.
Temporary banner signs: Banner signs shall be permitted subject to the following restrictions:
(A)
Banner signs shall be constructed of cloth or canvas material and must be anchored in such a way
that would prevent the sign from moving freely in the wind. Businesses that erect signs under the
provisions of this section shall not display a sign that states "Going Out of Business" or similar
message more than one time.
(B)
During the initial year of operation, a business shall be permitted to erect one temporary banner sign
a maximum of five times. Such signs shall be erected a maximum of 14 days for each permit except
the initial sign may be erected for a maximum of 45 days. In addition, a business shall also be
permitted to erect one grand opening temporary banner sign at the same time as the initial 45day
banner is up. Such sign shall be erected a maximum of 14 days. A permit shall not be issued within
15 days of the date that any temporary banner sign was erected at the occupancy. The permit
application for the sign must include the date the sign will be erected, the date the sign will be
removed and a drawing showing the location of the sign. The effective area for such signs shall not
exceed 40 square feet.
(C)
A business that has been in operation for a period of one year or more, and non-profit organizations,
shall be permitted to erect one temporary banner sign at a location five times per calendar year.
Such signs shall be erected a maximum of 14 days for each permit. A permit, for such a sign, shall
not be issued within 15 days of the date that any temporary banners sign was erected at the location.
The effective area for such signs shall not exceed 40 square feet.
(D)
New multi -family developments shall be allowed to display one banner sign as provided in this
section. Signs shall refer to leasing information only and shall be removed within six months of the
date the permit was issued. Signs shall not exceed 150 square feet in effective area. Signs shall be
constructed of vinyl cloth or canvas material and must be anchored in such a way that would
prevent the sign from moving freely in the wind.
(E)
A banner may be erected on a lot adjacent to structure if the business owns both lots.
Analysis:
The existing Ordinance is set to expire on December 31, 2020. Since the restrictions on businesses
are still in place, the City would like to extend the expiration date on the existing Ordinance. The
new Ordinance will expire on June 30, 2021 or upon the expiration of the Governor of Texas
Proclamation of Disaster related to Corona virus -19 pandemic, as extended or expiration of
Governor Executive Orders 32, 29 and 10, or unless sooner repealed by this Council.
As before, this moratorium is intended to allow businesses to use temporary signage on -premise
that is typically prohibited including but not limited to balloons, banners and feather signs.
Temporary signs cannot be placed in the Right -of -Way. And, this does not apply to off -premise
signs or other signs that are otherwise prohibited by the Temporary Sign Ordinance. This
moratorium will expire as stated above.
Legal Review:
Bob Hager drafted the Ordinance.
Fiscal Impact:
N/A
Recommendation:
Staff recommends approval.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, DECLARING A MORATORIUM AGAINST ENFORCEMENT ON
SECTIONS 6-15-3 (A), 6-15-4 AND 6-15-5 (3), (A) AND (B), (J) — (M), (4) AND
(8), ARTICLE 16 `BUSINESS REGULATIONS" OF CHAPTER 6-15
"TEMPORARY SIGNS" FOR A PERIOD OF TIME UNTIL JUNE 30,2021;
PROVIDING FOR THE CITY MANAGER OR DESIGNEE TO ADOPT
REASONABLE REGULATION FOR SUCH PERIOD; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as result of a nationwide pandemic from the novel COVID-19 virus and a
nationwide state of emergency; and,
WHEREAS, the Governor of Texas and County Judge of Dallas, declared a state of
emergency under state law and issued appropriate and lawful orders to stay at home and closed
businesses; and
WHEREAS, the public health emergency has had a significant economic impact upon local
businesses; and
WHEREAS, the Governor of Texas and Dallas County Judge allowed business to begin to
reopen under certain restrictions; and,
WHEREAS, the City Council of the City of Coppell desires to issue a moratorium on
enforcement of the local temporary sign ordinance to assist local business to promote the reopening
and re-establish patronage;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the City Council hereby extends and grants a moratorium against
enforcement of Article 16, "Business Regulations", Chapter 6-15, "Temporary Signs", Sections 6-
15-3 (A), 6-15-4 and 6-15-5(3), (A) and (B), (J) — (M), (4) and (8) regarding the permitting, use and
maintenance of on premise temporary signage within the corporate jurisdictional boundaries of the
City of Coppell Texas.
SECTION 2. The City Manager or designee shall adopt reasonable procedures and
regulations to govern on -premises temporary signage in conformity with this Ordinance; and such,
procedures and regulations shall be promulgated and filed with the Office of the City Secretary.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance or the Code of Ordinance, as amended hereby, be adjudged or held to be
unconstitutional, illegal or invalid the same shall not affect the remaining provisions of said ordinance
or the Code of Ordinances, as amended hereby, which shall continue in full force and affect.
TM 115500
SECTION 4. The provisions of this moratorium ordinance shall expire on June 30, 2021 or
upon the expiration of the Governor of Texas Proclamation of Disaster related to Corona virus -19
pandemic, as extended or expiration of Governor Executive Orders 32, 29 and 10, or unless sooner
repealed by this Council.
SECTION 5. That this ordinance shall take effect immediately from and after its passage.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day
of .2020.
CITY OF COPPELL, TEXAS
APPROVED:
KAREN SELBO HUNT, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
TM 115500
C',P FE L
File ID: 2020-5414
Version: 1
File Name: Future iQ contracts
City of Coppell, Texas
Master
File Number: 2020-5414
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 11/23/2020
Final Action:
Title: Consider approval of two (2) consulting contracts for advanced scenario
planning with Future iQ, Inc. in the amount of $45,000; and authorizing the City
Manager to sign any necessary documents.
Notes:
Sponsors:
Attachments: Future iQ Contracts - Memo.pdf, Coppell SMART
Cities Proposal.pdf, Coppell FOARD Task Force
Proposal V2.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5414
Title
Consider approval of two (2) consulting contracts for advanced scenario planning with Future
Q, Inc. in the amount of $45,000; and authorizing the City Manager to sign any necessary
documents.
Summary
The Smart Cities Board and the Future Oriented Approach to Residential Development
(FOARD)Task Force would like to engage Future iQ, Inc. to perform advanced scenario
planning for each committee. The two contracts will total $45,000. These contracts were not
budgeted. A budget amendment will be brought forward at a later date.
Fiscal Impact:
Funds for this contract will be provided by the General Fund - Undesignated Fund Balance.
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5414)
Staff Recommendation:
Staff recommends approval.
Strategic Pillar Icon:
City of Coppell, Texas Page 2 Printed on 121412020
COPPEL " L
MEMORANDUM
To: Mayor and City Council
From: Jerod Anderson, Director of Enterprise Solutions and Mindi Hurley, Director of
Community Development
Date: December 8, 2020
Reference: Consider approval of two (2) consulting contracts for advanced scenario planning
with Future iQ, Inc. in the amount of $45,000; and authorize the Mayor to sign.
2040: Apply "Smart City" Approach to Resource Management and Future Oriented
Approach to Residential Development
Introduction:
As a result of Vision 2040, two new citizen committees were created to address the goals outlined
in two of the pillars adopted by City Council. The Smart Cities Board (Smart City) and the Future
Oriented Approach to Residential Development Task Force (FOARD) were formed and began
meeting in January 2020. Both committees were created to continue engagement with the
community on these topics and to work toward accomplishing the goals established in the "Apply
`Smart City' Approach to Resource Management" and "Future Oriented Approach to Residential
Development" pillars respectively.
While these committees have been hard at work performing research for the last eleven months,
both committees have reached a point that they need to engage an outside consultant to help them
perform advanced scenario planning. Advanced scenario planning will enable each committee to
take the next step toward creating an action plan of work to present to City Council.
Analysis:
Future iQ, Inc. has submitted proposals to each committee to explain the scope of work, the
approach, a proposed schedule and a proposed budget to complete the advanced scenario planning
process. Each process is proposed to last approximately 6 - 7 months, and the proposed cost is
$20,000 for the Smart City contract and $25,000 for the FOARD contract. FOARD requested
additional focus groups and surveying of the community as part of their process, which added costs
to their contract price.
Both committees have expressed a desire to enter into its respective contract. At their November
11, 2020 meeting, FOARD unanimously approved a recommendation to send their contract to City
Council for consideration. Smart City will vote on a recommendation for their contract at their
meeting scheduled for December 7, 2020.
Future iQ, Inc. prepared the Vision 2040 Plan for the City of Coppell. They are familiar with the
City and have extensive knowledge of the wants and desires of the Coppell citizenry due to the
citizen engagement process utilized to create the Vision 2040 Plan. If City Council authorizes the
Mayor to sign these contracts, a Budget Amendment will be brought forward to a City Council
meeting at a later date. Work with Future iQ, Inc. will begin immediately.
Legal Review:
N/A
Fiscal Impact:
$45,000
Recommendation:
Staff recommends approval.
C'w0p Future hvteftence'
AUGUST 21, 2020
Submitted by:
Future Q, Inc.
P.O. Box 24687
Minneapolis, MN 55424
www.future-iq.com
David Beurle
fu ti i ir'e i� �i Q
Circ amtle IIF'wmit uurm, Illlurmt rillllllllm „im;:urmarvm:,`
August 21, 2020
ATTN — City of Coppell
• Traci E. Leach - Deputy City Manager
• Vicki Chiavetta - Deputy City Manager
• Jerod Anderson - Chief Information Officer
Proposal — Advanced Scenario Development — Smart Board
Dear Traci, Vicki and Jerod,
Future iQ, Inc.
P.O. Box 24687
Minneapolis, MN 55424
US Federal Tax Number
EIN: 27-1389416
Please find attached our proposal for the work we discussed. In terms of budget, timeline and
scope of work — I have made a number of assumptions and am happy to revise as required.
Yours sincerely,
David Beurle
CEO, Future iQ, Inc.
Email: jdavid@future-ig.com
Tel: +1612 757 9190
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 1
Table of Contents
1.0
UNDERSTANDING OF THE SCOPE OF WORK............................................................................................3
2.0
APPROACH..............................................................................................................................................4
2.1
PHASE 1: TREND RESEARCH AND ADOPTION CURVES.............................................................................................
4
2.2
PHASE 2: EXPLORING FUTURE SCENARIOS AND IMPLICATIONS...............................................................................
5
2.3
PHASE 3: COPPELL IMPLEMENTATION PLAN........................................................................................................
7
3.0
PROPOSED SCHEDULE.............................................................................................................................7
4.0
PROPOSED BUDGET................................................................................................................................8
5.0
PROPOSED FUTURE IQ PROJECT TEAM....................................................................................................9
5.2
HEATHER BRANIGIN, VICE-PRESIDENT, FORESIGHT RESEARCH.............................................................................
11
5.3
JOHANNA HOFFMAN, SR. FORESIGHT AND PLANNING SPECIALIST, FUTURE IQ ........................................................
12
5.4
WALTER PAIXAO-CORTES, DATA ENGINEER......................................................................................................
13
5.5
TOBILOBAADARAMATI, DATA ANALYST...........................................................................................................
14
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 2
1.0 Understandingf the Scope of Work
Based on briefing email and discussion, our undertaking of the scope of work is as follows:
• To work with the Smart Board and key staff to advance their research and deliberations.
• The Smart Board was created to help Coppell envision what the city needs to be
considering from a technology perspective for the next 20 years.
• This is broader than Pillar 7 on Sustainability and focuses on the impact of technology
across all of the pillars, not just sustainability.
• The Board is keen to engage with Future iQ to help walk them through some advanced
scenario planning that builds on previous efforts, and which would help springboard
towards planning and implementation.
In terms of the approach, it seems there are several significant knowledge gaps that can be
filled with some advanced scenario development. These include:
• Portfolio of technologies — what are the main technologies (or groups of technologies)
that will be shaping cities in the future.
• Impact of technologies — exploring what is likely to be the impact of core groups of
technologies on key topic areas - at the minimum these will include Transport, Housing,
Resource Management, Data Collection, Education and future of work.
• Trajectory and Velocity of change — understanding what variable scenarios for a city like
Coppell are, and how fast change is likely to occur.
• Leading Edge vs. Bleeding Edge — how does Coppell position itself to be a leading
adapter, but not embracing technologies that become redundant or irrelevant.
Exploring the appetite for change and investment levels, or even various business
models that fund technological adoption.
The proposal, as outlined in the following sections aims to take a realistic approach to advanced
scenario development, suitable for the context of Coppell and the appetite for change in the
community.
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 3
The approach we are proposing has three major sections:
• Conduct a scan and compilation of emerging city based / relevant trends and expected
adoption curves. We are proposing a 2000 to 2020 analysis, to create a context.
• Formulation and implications analysis of a range of trajectories (advanced scenarios),
within a plausible 'width' - for a city like Coppell (mid-sized, in leading 10%).
• Develop recommendations for sequence, timing and scale of smart technologies for
Coppell.
The methodological approach would be a a mixture of desktop of:
• Foresight research
• Virtual task force sessions with Board and others (It is assumed all sessions will be run in
a virtual format)
• Likely some survey work (and drawing from Vision data)
• Produce a final report
2.1 Please 1: Tirend research and adoption curves
This Phase is a 'desk -top study' based on foresight research that will examine trends reshaping
cities. This will draw from contemporary research, experts and published material. The analysis
will lay out trends in a manner similar to the following diagram. This will include historical
adoption and forecast adaption.
'1950 1960 1970 '1980 1990 2000 2010 20120
�rnr
The Increasing Capability of Digital Technologies
Source: Transformation Initiative Mining and Metals Industry, White Paper, World Economic Forum/Accenture
Analysis, January 2017.
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 4
Work in Phase 1 includes:
Phase 1:
Trend research and
adoption curves
Initial planning and project schedule
Virtual meeting with Board and staff
Trend research on technology and impacts 2000 to 2040
Develop adoption curve charts and create overlay of Coppell
aspirations.
2.2 Phase 2: Exploring Future Scenarios and Ilimpllii atii ns
The Advanced Scenario development will drill into a range of plausible scenarios for
technological development and adoption, and what would be the attendant implications and
consequences. This work would be based on the Future iQ scenario planning methodology and
would be a participatory process with the Board and other key stakeholders.
L.. LR "xinrT"YI"i�.,°C" rrl:"6 FY;-If"C'pi['1P l .7 Mu i Itl 1 IF, f15�iIIP"7 ,I'Ound Ax rJonflNO plan
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City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 5
Exploring the interrelationship of technologies
A key aspect of the advanced scenario development will be understanding how technologies
might combine to accelerate change. We will attempt to create scenarios that explore differing
versions of technology combinations. This would build on the work we are doing with Industry
4.0 technologies in the defense manufacturing sectors.
Example map of interrelations of technologies that accelerate speed of change
qac:^ums
Develop range of potential trajectories (advanced scenarios)
Exploring Future Scenarios
S Vf
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e...
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Source: Deloitte. 2014. Industry 4.0 Challenges and solutions for the digital transformation and
use of exponential technologies.
Work in Phase 2 includes:
Phase 2:
Develop range of potential trajectories (advanced scenarios)
Exploring Future Scenarios
S Vf
Ifliflyllllmmg
e...
c,oW11rrNg9cth'qty
ma
CATS
velocity and probability of each scenario
NMO
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4
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IM LINEAR
EXPONlENTIAL
OWTH TRAJECTORY
Source: Deloitte. 2014. Industry 4.0 Challenges and solutions for the digital transformation and
use of exponential technologies.
Work in Phase 2 includes:
Phase 2:
Develop range of potential trajectories (advanced scenarios)
Exploring Future Scenarios
-with Board input
Explore interrelationship of technologies
and implications
Implications analysis workshop session with Board to explore
velocity and probability of each scenario
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020
2.3 Phase 3: Coppell Ilml llementatii n plain
The final step would be working with the Board to develop a 'roadmap' that lays out an optimal
pathway for Coppell to invest in and apply emerging technologies across the cityscape. This
process would transition from the technical foresight and advanced scenario work, to the
implementation and sequence recommendations.
Phase 3:
Recommendation development for sequence, timing and
scale of smart technologies for Coppell.
Create roadmap, with Board and Staff input
Final report
3.0 Proposed SchedW
Key Phases
Key Deliverables/Benchmarks
S
O
N
D
J
F
Phase 1:
Initial planning and project schedule
Trend research
and adoption
Virtual meeting with Board and staff
curves
Trend research on technology and
impacts 2000 to 2040
Develop adoption curve charts and
create overlay of Coppell aspirations.
Phase 2:
Develop range of potential trajectories
Exploring Future
(advanced scenarios) -with Board
Scenarios and
input
implications
Explore interrelationship of
technologies
Implications analysis workshop session
with Board to explore velocity and
probability of each scenario
Phase 3:
Recommendation development for
Coppell
sequence, timing and scale of smart
Implementation
technologies for Coppell
Plan
Create roadmap, with Board and Staff
IL
input
Final report
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 7
4.0 Proposed Budget
Proposed payment schedule:
• 50% on signing contract
• 50% at completion
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020
Proposed
Key Phases
Key Components
Fees per
Phase
Phase 1:
. Initial planning and project schedule
$5,000
Trend research
. Virtual meeting with Board and staff
and adoption
. Trend research on technology and impacts 2000 to
curves
2040
Develop adoption curve charts and create overlay of
Coppell aspirations.
Phase 2:
• Develop range of potential trajectories (advanced
$10,000
Exploring Future
scenarios) — with Board input
Scenarios and
• Explore interrelationship of technologies
implications
• Implications analysis workshop session with Board to
explore velocity and probability of each scenario
Phase 3:
. Recommendation development for sequence, timing
$5,000
Coppell
and scale of smart technologies for Coppell.
Implementation
. Create roadmap, with input from Board and Staff input
Plan
. Final report
TOTAL
FIXED PRICE PROPOSAL
$20,000
Proposed payment schedule:
• 50% on signing contract
• 50% at completion
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020
5.0 Proposed Future iQ ProjectTeam
The Future iQ team members presented in this proposal have significant experience working on
advanced scenario planning and urban futures projects. The proposed team members are an
experienced and reliable team, with a complementary mix of required skills in:
• Highly developed critical thinking capacity in the areas of scenario and strategic
planning, and foresight research
• Knowledge and experience with municipalities, corporations, regional entities and non-
profit organizations
• Detailed practical experience in research, key stakeholder, and data visualization
All team will be directly accountable to Project Director David Beurle, CEO, Future iQ. Below are
the respective roles of team member for this project:
Future iQ Team
Team Member
Title
Role
David Beurle
CEO, Future iQ, Inc.
Project Director, Facilitation,
Project Development
Heather Branigin
VP, Foresight Research
Foresight trend Research,
Strategy Development
Johanna Hoffman
Sr. Foresight and Planning
Specialist, Future iQ
Urban Impact and Planning,
Future Scenario formulation
Walter Paixao-Cortes
Data Engineer
Data Analysis and Visualization
Tobiloba Adaramati
Data Analyst
Data Analysis
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 9
5.1 Project Director, David Beurle, CEO, Future iQ
david@future-iq.com
EDUCATION
Bachelor Degree in Agricultural Science,
University of Sydney, 1984
Founder and CEO Future iQ, USA and
Europe, 2003 - Present
Principal Adviser, Minister for Primary
Industries, Western Australia, 1991 - 2000
Rangeland Scientist, Western Australian
Department of Agriculture, 1985-1991
131HIIILAINTIHIR013110 WORK
Board Director, Western Australian
Community Foundation, 2003-2005
Founding member, Plant -Based Product
Council, USA, 2019
0rF me I IIIcnine llllllliigairrvce""
111„ 11111„ I 1116 1 111
As founder and CEO of Future IQ, David Is an expert In creating future planning approaches for use In
regional, industry and organizational settings. He has pioneered the application of scenario planning
with regions, regional Industries and corporations around the world. David created the Future Game, a
widely used planning and workshop tool that has been used in over 500 workshops across 10 countries.
As CEO of Future IQ, David has led global projects across 4 continents and has written and contributed
to a number of foresight papers. Having worked in the field of organizational and regional economic and
community planning for over 20 years, his work has won numerous awards. David has a major role In
Future IQ' projects as lead consultant and director of projects.
IF41ECIE,;IMT IPROJEC"n' IEXIPIE,;IF4111E,INCIE,;
New England Regional Defense Industry
Collaboration, New England, 2019
Park City Community Vision and Strategic Action
Plan, UT, 2019
Clearwater Economic Development Association,
10, 2019
City of Mitchell Community Vision and Action
Plan, SD, 2019
ECC Medical/Well-Being Strategic Marketing Plan
and Economic Development Plan, MN, 2016-2019
Tillamook County Strategic Vision and Action Plan
Oregan, 2018-2019
National Association of Development
Organizations, Washington, D.C., 2018-2019
Future of Urban Living Think Tank, St Georges
House, Windsor Castle, UK, 2018-2019
Middle Georgia Regional Defense Industry
Economic Diversification Project 2017- 2018
City of Coppell, Texas, Community Visioning 2018
-2019
Snohomish County, Washington, Tourism
Implementation Plan 2017 - 2018
Maine Woods, Tourism Impact Study 2017 - 2018
City of San Diego Defense Industry Economic
Development Plan, California, US, 2016 - 2018
North Coast, Oregon, Tourism Destination
Management, 2018 - 2019
Hilton Head Island, South Carolina, Community
Visioning project, 2016 - 2017
Task Force LIMA Defense Initiative, Ohio, US,
201S-2017
National Congress ofAmerican Indians, Future
Game development, 2016 - 2018
IF41ECIE,;IMT IRUIBIL11CATIIOIIN
The Future of Urban Living, 2019
Future ofTourism, 2018
The Next Industrial Revolution, 2018
The Future of Midwest Agriculture, 2017- 2018
The Future of Manufacturing, 2016
The Future of Food, 2016
Economics of Collaboration, 2015
Cities of the Future, 2015
City of Wayzata, Minnesota, US, Community
Visioning 2017 - 2018
Moosehead Lake Regional Master Plan, Maine,
US, 2016 - 2017
Edina Economic Development Plan, Minnesota,
US, 2016
Oregon Regional Tourism Planning US, 2015 - 2016
Columbia River Gorge, Oregon, US, 2015 - 2016
Griffith Foods Scenario Planning Chicago, US, 2016
Mediterranean PORTS EU Projects
Italy/France, 2015
FoxValley Defense Industry Adjustment,
Wisconsin, US, 2014 - 2015
Texarkana Defense Project, Texas, US, 2015
Vision Edina, Minneapolis, US, 2014 - 2015
Australian Grain Research and Development
Corporation, Western Australia, 2008 - 2015
Vadinia Project, Leon, Northern Spain, 2014
Agriparm Montespertoli, Tuscany, Italy, 2014
Govt, of Alberta Small Business Strategy, Canada,
2013
Steering it Forward
North East Nevada, US, 2013
Mount Pierre Project, Australia, 2013
Kewaunee Economic Adjustment Project, Wisconsin,
US, 2013
Global Think Tank, Windsor Castle, UK, 2012
Future West Cork, Ireland, 2009 - 2012
Palliser Futures Project, Alberta, Canada, 2009
Winnemucca Futures Project
Nevada, US, 2009
Building Sustainable Regional Communities,
Windsor Castle, UK, 2012
The Futures Game, A Scenario game Workshop
Package to Engage Future Thinking, 2009
Development of a Process to Turn Plausible
Scenarios into On -Ground Action, 2009
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 10
5.2 FN -tI Ir Birail Vice-Piresideil Foresight Research
11:..: DU CA"II"11oily
Master of Arts in Teaching
Secondary Level, Social Studies
University of St. Thomas, MN
Bachelor of Arts in Political Science/
International Relations
Advanced Language Certificate: French
Literature
Carleton College, MN
Honours Degree, Neuchatel Jr. College
Neuchatel. Switzerland
iia M IFM IL.. Q D 1C m If ii IIi
Vice President, Foresight Research,
Future iQ, 2D16 -present
City of Edina, MN, 2013-2016
NCCA- National Model United Nations
Minneapolis, MN, 2010-2013
UNA-MN, St. Paul, MN, 2007-2010
FMA+1111...All's"II IIHIR 115110 WQDIRK
Ed. Member, Caring for Cats, present
Vol Judge, Future City Comp., 2017
Adv. Council Member, UNA-MN
2014 -present
Co -President (2011-2013), Ed. Member
(2010, 2014) UNA-MN
„feu„ ir,,,,,>
0rF ate I Illintell11111iigoi nce"
II Al II R 113 RA 114 II G 11 11%
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Heather began work with Future IQ in 2015 as primary researcher and author of Future IQ's
foresight publication The Future of Food, and recently co-authored The Future of Urban Living
and The Next Industrial Revolution. She has extensive experience in local government and the
nonprofit sector, and Is an accomplished project manager and research analyst. Heather has a
well-developed ability to assimilate information into thoughtful and coherent writing. She applies
the integration of future trends, data analysis and public engagement into implementable strategy
development for clients. Through her work, Heather seeks to provide that critical resourceful
guidance needed to empower communities and organizations to make decisions that build
sustainability and resiliency as they face a future of accelerations and change. Originally from
Canada, Heather has pursued her International Interests through her philanthropic work with the
United Nations Association of Minnesota.
IF41ECIE,;IMT Ii IEXIPIE,;IF4111E,INCIE,;
Kinship Fellows and Food: Land:Opportunity
Grantees Summit, Chicago, IL, 2019 -Present
City of Trotwood Organizational Strategic
Plan, OH, 2019 -Present
New North Business Intelligence Strategic
Action Plan, WI (2019)
New England Collaborative, DoD-OEA (2019)
City of Mitchell Community Vision and Action
Plan, SD, 2019 -Present
Future of Urban Living Global Consultation at
Windsor Castle, UI<, 2018
CEDA, ID, 2019
Sustainable Materials Management - Vision
for Iowa, Iowa DNR, 2018 -Present
Tillamook County Strategic Vision and Action
Plan, OR, 2018-2019
ECC Medical/Well-Being Strategic Marketing
Plan and Econ Dev Plan, MN, 2016-2019
NADA, Washington, D.C., 2018-2019
Coppell Vision 2040, Coppell, TX, 2018-2019
City of San Dlego, OEA Grant Facilitation, San
Dlego, CA, 2016-2019
IR E,;ILIE VAINT IRU IBIL114"AT1101i
IDNR Strategic Vision for Iowa, 2019
Trotwood Think -Tank Report, 2019
New England Collaborative Think -Tank
Report, 2019
NADO Strategic Action Plan, 2019
Edina Med/Wellbeing Dest Marketing
Strategic Plan, 2019
CEDA Think -Tank Report, 2019
Tillamook Co Think -Tank Report 2019
The Future of Urban Living, 2019
Coppell Vision 2040 StrateglcAction Plan,
2019
The Future of Tourism, 2018
McHenry Co Coll Strategic Foresight Session,
2018
H1!!!A"II"IL 11:..:1 II-1IFCAIII
heather@future-iq.com
Snohomish County Regional Tourism
Destination Development, WA, 2018
McHenry County College, Crystal Lake, IL, 2018
Rural CommunityAsslstance Partnership,
Washington, D.C., 2018
Wayzata Community Vision, MN, 2017-2018
NHADEC, NH, 2017-2018
Waseca Vision 2030, MN, 2017-2018
Edina Nodes and Modes Bridging Sessions,
Edina, MN 2017
ScottCounty Visioning and Scenario Planning
MN, 2017
CAP -HC Vision and Strategic Action Plan, St.
Louis Park, MN 2017
Task Force LIMA Defense Initiative, Allen
County, OH, 2016-2017
University of Minnesota, Future of Midwest
Agriculture, MN, 2016-2017
Town of Hilton Head Island Vision and
Strategic Action Plan, SC, 2016-2017
City of Edina, Vision Edina, MN, 2014-2015
The Next Industrial Revolution, 2018
Waseca Vision 2030 Strategic Action Plan,
2018
NHADEC Strategic Action Plan, 2018
Snohomish Co Tourism Industry Reports,
2018
Scott County Planning Reports, 2017
Propel San Dlego Think -Tank Report, 2017
Edina Chamber Econ Dev Strategy, 2017
Innovation Framework for Greater Lima
Region, 2016
The Future of Food, 2016
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 11
5.3 Jolhainina Hoffman, Sir. Foresight aind Planning SI ii llii t, Futuire ii
k °»UIIII/Ilii
EDUCATION
MLA Landscape Architecture 5
Environmental Planning, University of
California, Berkeley, CA
BA Creative Writing and Environmental
Studies, Oberlin, Oberlin, OH
IkmII'AIG.OY EII T
Senior Project Manager and Design
Specialist, MKThink, San Francisco, CA,
2018 - Present
Founder 5 Lead Designer, Shiftworks,
Berkeley, CA, 2016 - 2019
Resilient Design Associate, Urban Fabrick,
San Francisco, CA, 2016 - 2017
Coastal Sustainability Studio Fellow,
Louisiana State University, Baton Rouge,
LA, 2016
Designer 5 Researcher, The Open
Workshop, San Francisco, CA, 2015
Landscape Designer, Terrain Studio, San
Francisco, CA, 2014
Co -Editor and Director, GroundUp journal,
UC Berkeley, 2012 - 2013
r.rc!7atr I IlliruMa"Illllligeirnc;e "
J011HAININA 114 IIFIIF IIIA,
Johanna Hoffman is an award-winning urban designer, foresight practitioner and strategic planner
focused on helping cities, communities and organisations create more adaptive futures. She holds
a Masters degree in Landscape Architecture and Environmental Planning and a Bachelor's degree
in Environmental Science and Creative Writing. She uses her 10+ years of experience to help clients
navigate dynamic change through comprehensive plans and interactive engagement strategies. Data
visualisation, strategy, qualitative and quantitative research all form important aspects of her work.
She has lectured and presented at institutions from University California Berkeley and the Verba
Buena Center for the Arts to the Rhode Island School of Design and the Massachusetts Institute of
Technology. Recent clients include the University of Hawaii, the Call Unified Planning District and
the San Francisco International Airport.
RECENT IIAROJ kCT EXPERIENCE
Senior Project Manager and Design
Specialist, MKThink, San Francisco, CA,
2018 - Present
Founder 5 Lead Designer, Shiftworks,
Berkeley, CA, 2016 - 2019
Resilient Design Associate, Urban Fabrick
San Francisco, CA, 2016 - 2017
Coastal Sustainability Studio Fellow,
Louisiana State University, Baton
Rouge, LA, 2016
Designer 5 Researcher, The Open
Workshop, San Francisco, CA, 2015
Landscape Designer, Terrain Studio,
San Francisco, CA, 2014
IRIk.II IIAU13 LJ E AT110INS
"Overlooking Risk Until It's Too Late is No
Longer An Option:" Smart Cities Dive, 2017
"Incremental Development:" World
Landscape Architecture, 2015
"5 Cities That Will Benefit from Climate
Change:" Next City, 2014
II3II10II" Ike SSll O N AL. SAV"II" II 10 INS
American Society of Landscape Architects
Verba Buena Center for the Arts
San Francisco Urban Planning Research
The European Futures Observatory
JOH ANN A IHOIF-IF-M AN
johanna@future-iq.com
Co -Editor and Director, GroundUp journal,
UC Berkeley, 2012 - 2013
Designer 5 Researcher, Hood Studio,
Oakland CA, 2011 - 2013
Research Associate, Arava Institute,
Israel, 2010
Research Associate, Oberlin College,
Oberlin, OH., 2009
Research Coordinator, Perry Institute of
Marine Science, Exumas, Bahamas, 2008
• Researcher, RV Heraclitus, Polynesia, 2004
"In Iceland's resilience, a lesson for us as
our world shifts:" The Daily Climate, 2014
"Better Red Than Dead:" Earth Island
journal, 2011
"Grow Wetlands Fight Global Warming?"
The Ecology Center., 2010
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 12
5.4 Wall-teir IP ii -[Dimes, Data Eingfineeir
f." II:U U,.P CAT' II oily
Doctorate in Computer Science (Bioinformatics/
Natural Language Processing)
Pontifical Catholic University of Rio Grande do
Sul, 2015 to present
Masters Degree in Computer Science
(Bioinformatics)
Pontifical Catholic University of Rio Grande do
Sul 2013 — 2015
Bachelors Degree in Computer Science
Pontifical Catholic University of Rio Grande do
Sul, 1995 — 2002
IidmilVIlilli
Data Engineer— Future IQ (2017 — present)
Senior Software Engineer— Dell Computers,
Brazil (2000 — present)
Software Engineer — Accenture, Brazil (2003 —
2005)
„feu „t a lr,,,,,
Groaat • 16uuturn, Illingellllllugga ime
II1I1IEw IR R IE III n. O -0 IIzlriiI.1 ,
Walter is a senior software engineer with 24 years of experience in the software development
industry, working across different domains including Human Resources, Finance and Product
Engineering. He has expertise in data analysis, creating ETL pipelines, building data visualizations
in many different technologies (SAP Business Objects, Oracle BI Enterprise Edition, Qh1 iew and
Tableau), and has experience in working with high data volumes to extract insights. Walter has an
academic background in Computer Science with a Masters in Bioinformatics, and a Doctorate (in
progress) in Bioinformatics with a minor in Natural Language Processing.
RIIIRCIE1IMU'n"IPili
IG? IGalli?Jlklllli?JIMU�Ili?
• Mitchell Forward 2040, South Dalmta.2O19
• Park City Vision 2020, Utah, USA, 2019
• New England Regional Defense Industry
Collaboration Initiative, USA, 2019-2020
• City of Smithville Visioning and Strategic Action
Plan project, Missouri, USA, 2019
• Tillamook County Strategic Planning. Oregon,
USA, 2019
• Snohomish County Regional Tourism Destination
Development, WA. 2018
WAll.T11E'IIR IIS IPA1IXA0-0011 'n"If:'
vvalter@future-iq.com
• McHenry County College. Crystal Lake, IL. 2018
• Middle Georgia [barrette and Regional Planning,
Georgia. 2018
• Coppell Vision 2040 . Coppell. Texas. 2018
• Rural Community Assistance Partnership,
Washington D.C.2O18
• Wayzata Community Vision.
Wayzata, MN. 2017-2018
• Hilton Head Island Our Future,
South Carolina. 2017-2018
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 13
m 'Tolbillolba Adairaimati, Data Ainallyst
I� lJIm� :l
If iii.IC:D L.0 C �"II"' II CD IN
B.Tech. (First Class) Degree
in Mathematics Education
Federal University of Technology, Minna, 2015
N.C.E Degree in Computer and Mathematics
Federal College of Education
(Technical), Akoka, 2011
IfiiiJl�U If �IL...�IfII�U IfiiiJl�"II"'
Data Analyst. Future iQ
USA and Europe, 2017 - Present
Results Measurement Expert. JMSF
Agribusiness, Nigeria, 2018 — Present
CEO. Growth Analytics Consulting
Nigeria, 2017 — Present
Monitoring and Evaluation Analyst.
Solina Group, Nigeria, 2016 — 2017
Research Analyst. Solina
Group Nigeria, 2015 — 2016
r
Create Future Intelligence
w ,.f ftwo-6G.nom
I,"IIIII Il„II„IS III III � 1 ;l l �'r', C t (l 1J€ J
Data Analyst
Tobiloba Adaramati is a mathematician who sees the beauty in data. She is an expert in data
processing, opinion mining, sentiment and reputation analysis. Through her unique perspective,
Tobiloba sees each data point as a unique part of a puzzle which put together correctly, creates a
clear picture. She uses various forms of data to provide valuable insights and reveal underlying
trends. Her background includes a first-class degree in mathematics and experience providing
monitoring and evaluation services for international development programs. Tobiloba has worked
with Future iQ since 2017, providing data and analytics expertise.
II�IfiiiClfiiiJlq"II"' If�II�C9�IfiiiC"II"' IfiiiIf�IfiiiJl�IllfiiiJlgClfiii
Mitchell Benchmark Analysis Report, 2019
Smithvilie Benchmark Analysis Report, 2019
Edina Medical Cluster Analysis, 2019
IRIf..:.Il..Ili:iiVA11Y'II" II I..UIfi3IL...IICA"II"'IIC 11YS
Wayzata Benchmark Analysis Report, 2017
Wayzata 2040, Sailing Ahead, Minnesota, US 2017
Coppell Vision 2040 Project, Texas, US, 2018
11"01131111 0113A AIC:)AIIRAIIWA"II"'ll
tobiloba@future-iq.com
City of Coppell — Smart Board — Advanced Scenario Development — Submitted by Future iQ, August 2020 14
PROPOSAL TO CONDUCT ADVANCED SCENARIO
PLANNING —SUPPORTING FUTURE ORIENTED
APPROACH TO RESIDENTIAL DEVELOPMENT (FOARD)
TASK FORCE
f U t L,j re-> �
sP Future hvteftence'
Submitted by:
Future Q, Inc.
P.O. Box 24687
Minneapolis, MN 55424
www.future-iq.com
David Beurle
d avid (@JLjIW L�1,-jg&o jo
fu ti i ir'e i� �i Q
Circ ate IIF'wmit uurm, Illlurm rillllllllm„m;:urmarvm:,`
November 17, 2020
ATTN — Mindy Hurley
City of Coppell
Future iQ, Inc.
P.O. Box 24687
Minneapolis, MN 55424
US Federal Tax Number
EIN: 27-1389416
AMENDED
Proposal — Advanced Scenario Development — Future Oriented Approach to
Residential Development (FOARD) Task Force
Dear Mindy
Please find attached our proposal for the work we discussed. In terms of budget, timeline and
scope of work— I have included the additional work required on community survey and focus
groups.
Yours sincerely,
David Beurle
CEO, Future iQ, Inc.
Email: jdavid@future-ig.com
Tel: +1612 757 9190
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iO, 17 November 2020 1
Table of Contents
1.0
UNDERSTANDING OF THE SCOPE OF WORK............................................................................................3
2.0
APPROACH..............................................................................................................................................4
2.1
PHASE 1: TREND RESEARCH AND DEMAND CURVES...............................................................................................
4
2.2
PHASE 2: EXPLORING FUTURE SCENARIOS AND IMPLICATIONS...............................................................................
5
2.3
PHASE 3: COPPELL — BROAD RECOMMENDATIONS AND FUTURE POTENTIAL..............................................................
6
3.0
PROPOSED SCHEDULE.............................................................................................................................7
4.0
PROPOSED BUDGET................................................................................................................................8
5.0
PROPOSED FUTURE IQ PROJECT TEAM....................................................................................................9
5.2
HEATHER BRANIGIN, VICE-PRESIDENT, FORESIGHT RESEARCH.............................................................................
11
5.3
JOHANNA HOFFMAN, SR. FORESIGHT AND PLANNING SPECIALIST, FUTURE IQ ........................................................
12
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iO, 17 November 2020 2
1.0 Understandingf the Scope of Work
Based on briefing email and discussion, our undertaking of the scope of work is as follows:
• To work with the FOARD Task Force and key staff to advance their research and
deliberations.
• The FOARD Task Force was created to help Coppell envision what the city needs to be
considering from housing perspective for the next 20 years.
• The FOARD Task Force is keen to engage with Future iQ to help walk them through some
advanced scenario planning that builds on previous efforts, and which would help
springboard towards creative idea, and planning and implementation.
In terms of the approach, it seems there are several significant knowledge gaps that can be
filled with some advanced scenario development. These include:
• Type of need — when and what — some future predictions / analysis for housing needs.
This could be based on current demographics and projects and shaped by broader
trends in residential housing in similar urban setting.
• Impact of shifting social values — exploring what is likely to be the impact of demand and
the type of urban landscapes people will be seeking. SPECIFICALLY, the Board is seeking
deeper community input and representative sampling (via survey and focus groups) to
explore community needs and desires for future housing.
• Trajectory and Velocity of change — understanding what variable scenarios for a city like
Coppell are, and how fast change is likely to occur.
• Leading Edge vs. Bleeding Edge — how does Coppell position itself to be a leading
adapter of residential housing trends, but not experimental. Exploring the appetite for
change and investment levels, and how this might apply to areas of failing retail.
The proposal, as outlined in the following sections aims to take a realistic approach to advanced
scenario development, suitable for the context of Coppell and the appetite for change in the
community.
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iO, 17 November 2020 3
The approach we are proposing has three major sections:
• Conduct a scan and compilation of emerging city based / relevant trends and housing
buildout. We are proposing a 2000 to 2020 analysis, to create a context / baseline.
• Formulation and implications analysis of a range of trajectories (advanced scenarios),
within a plausible 'width' - for a city like Coppell (mid-sized, in leading 10%).
• Develop ideas / recommendations for sequence, timing and scale of possible new
housing approaches and where then could fit in the context and geography of Coppell.
The methodological approach would be a a mixture of desktop of:
• Foresight research and trend research.
• Virtual task force sessions with Task Force and others (It is assumed all sessions will be
run in a virtual format)
• Survey work and Focus Group work
• Produce a final report
2.1 Please 1: Tirend research and demand curves
This Phase is a 'desk -top study' based on foresight research that will examine population and
housing trends that are reshaping cities. This will draw from contemporary research, experts
and published material. The analysis will especially probe the 'Missing Middle' housing
component, as described in the following diagram.
4
DUPLEX I N17 r -A + APARTMENT
yr T`M(,HED 5jNcx:.r FAMILYN,POURPLEX I' LE�� �
FTK0
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iO, 17 November 2020 4
Work in Phase 1 includes:
Phase 1:
Initial planning and project schedule
Trend
research and
Virtual meeting with Task Force and staff
demand curve
Trend research on housing and demand potential from 2000 to 2040
Through survey and focus groups, seek representative data from the
community on future housing needs and desires. (NOTE: 2020 CENSUS data is
not available until April 2021.
Develop demand and trend curve charts and create overlay of Coppell
aspirations.
2.2 Phase 2: Exploring IFuutunulre Scenarios and Ilimpllii atii ns
The Advanced Scenario development will drill into a range of plausible scenarios for
technological development and adoption, and what would be the attendant implications and
consequences. This work would be based on the Future iQ scenario planning methodology and
would be a participatory process with the Task Force and other key stakeholders.
i Ax rur,il kc.r r I. Ui
L.. LR "xinrT"YI"i�,°C" rr�sw=rata:"6 Y;-If"C'pi['1P I (.+UI" I�,1 .7 ll Itl 1 V�," f15�iIIP"7 ,
�jnd air alyuks ur,:rrnbirrW.ilk)rscif �°J dill f.)r futaair,, tllw ('.fosrG:urn;
l'<ritirr^ a.i'i'id ]EAH'ihir tu'urr�"� uru,ila�°;I nye �4u�,�lc
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AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iO, 17 November 2020 5
Exploring the interrelationship of technologies
A key aspect of the advanced scenario development will be understanding how different types
of houses and approaches might suit Coppell and accelerate change. We will attempt to create
scenarios that explore differing versions of housing types and potential implications.
Work in Phase 2 includes:
Phase 2:
Develop range of potential trajectories (advanced scenarios)
Exploring Future Scenarios
— with Task Force input
Explore range of possible trends and impacts
and implications
future potential
Implications analysis workshop session with Task Force to
Final report
explore velocity and probability of each scenario
2.3 Phase 3: Coppell .— Broad recommendations and fuutunure potential
The final step would be working with the Task Force to develop a 'roadmap' that lays out some
possible and ideal future options for housing development in Coppell, that ties into creative
solutions and emerging trends. This process would transition from the technical foresight and
advanced scenario work, to the implementation and broad recommendations.
Phase 3:
Broad recommendations for consideration — for future
Coppell — broad
residential housing options in Coppell.
Create roadmap, with Task Force and Staff input
recommendations and
future potential
Final report
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iO, 17 November 2020
3.0 Proposed SchedW
Key Phases
Key Deliverables/Benchmarks
D
J
F
M
A
M
J
Phase 1:
Initial planning and project schedule
Trend research
and demand curve
Virtual meeting with Board and staff
Trend research on housing and
demand potential from 2000 to 2040
Through survey and focus groups,
seek representative data from the
community on future housing needs
and desires.
Develop demand and trend curve
charts and create overlay of Coppell
aspirations.
Phase 2:
Develop range of potential
Exploring Future
trajectories (advanced scenarios) —
Scenarios and
with Task Force input
implications
Explore range of possible trends and
impacts
Implications analysis workshop
session with Task Force to explore
velocity and probability of each
scenario
Phase 3:
Broad recommendations for
Coppell — broad
consideration —for future residential
recommendations
housing options in Coppell.
and future
Create roadmap, with Task Force and
potential
Staff input
Final report
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iC, 17 November 2020
4.0 Proposed Budget
Proposed payment schedule:
• 50% on signing contract
• 50% at completion
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iC, 17 November 2020
Proposed
Key Phases
Key Components
Fees per
Phase
Phase 1:
. Initial planning and project schedule
$10,000
Trend research
. Virtual meeting with Board and staff
and adoption
. Trend research on technology and impacts 2000 to
curves
2040
Through survey and focus groups, seek representative
data from the community on future housing needs and
desires (est. $5,000)
Develop adoption curve charts and create overlay of
Coppell aspirations.
Phase 2:
• Develop range of potential trajectories (advanced
$10,000
Exploring Future
scenarios) — with Board input
Scenarios and
• Explore interrelationship of technologies
implications
• Implications analysis workshop session with Board to
explore velocity and probability of each scenario
Phase 3:
. Recommendation development for sequence, timing
$5,000
Coppell
and scale of smart technologies for Coppell.
Implementation
. Create roadmap, with input from Board and Staff input
Plan
. Final report
TOTAL
FIXED PRICE PROPOSAL
$25,000
Proposed payment schedule:
• 50% on signing contract
• 50% at completion
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iC, 17 November 2020
5.0 Proposed Future iQ ProjectTeam
The Future iQ team members presented in this proposal have significant experience working on
advanced scenario planning and urban futures projects. The proposed team members are an
experienced and reliable team, with a complementary mix of required skills in:
• Highly developed critical thinking capacity in the areas of scenario and strategic
planning, and foresight research
• Knowledge and experience with municipalities, corporations, regional entities and non-
profit organizations
• Detailed practical experience in research, key stakeholder, and data visualization
All team will be directly accountable to Project Director David Beurle, CEO, Future iQ. Below are
the respective roles of team member for this project:
Future iQ Team
Team Member
Title
Role
David Beurle
CEO, Future iQ, Inc.
Project Director, Facilitation,
Project Development
Heather Branigin
VP, Foresight Research
Foresight trend Research,
Strategy Development
Johanna Hoffman
Sr. Foresight and Planning
Urban Impact and Planning,
Specialist, Future iQ
Future Scenario formulation
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iO, 17 November 2020 9
5.1 Project Director, David Beurle, CEO, Future iQ
david@future-iq.com
IE,;ICDUCAliII011
Bachelor Degree in Agricultural Science,
University of Sydney, 1984
Founder and CEO Future iQ, USA and
Europe, 2003 - Present
Principal Adviser, Minister for Primary
Industries, Western Australia, 1991 - 2000
Rangeland Scientist, Western Australian
Department of Agriculture, 1985-1991
131HIILAINTIHIR013110 WORK
Board Director, Western Australian
Community Foundation, 2003-2005
Founding member, Plant -Based Product
Council, USA, 2019
0rF me I IIIcnine llllllliigairrvce""
111„ 11111„ I 1116 1 111
As founder and CEO of Future IQ, David Is an expert In creating future planning approaches for use In
regional, industry and organizational settings. He has pioneered the application of scenario planning
with regions, regional Industries and corporations around the world. David created the Future Game, a
widely used planning and workshop tool that has been used in over 500 workshops across 10 countries.
As CEO of Future IQ, David has led global projects across 4 continents and has written and contributed
to a number of foresight papers. Having worked in the field of organizational and regional economic and
community planning for over 20 years, his work has won numerous awards. David has a major role In
Future IQ' projects as lead consultant and director of projects.
IF41ECIE,;IMT IPROJEC"n' IEXIPIE,;IF4111E,INCIE,;
New England Regional Defense Industry
Collaboration, New England, 2019
Park City Community Vision and Strategic Action
Plan, UT, 2019
Clearwater Economic Development Association,
10, 2019
City of Mitchell Community Vision and Action
Plan, SD, 2019
ECC Medical/Well-Being Strategic Marketing Plan
and Economic Development Plan, MN, 2016-2019
Tillamook County Strategic Vision and Action Plan
Oregan, 2018-2019
National Association of Development
Organizations, Washington, D.C., 2018-2019
Future of Urban Living Think Tank, St Georges
House, Windsor Castle, UK, 2018-2019
Middle Georgia Regional Defense Industry
Economic Diversification Project 2017- 2018
City of Coppell, Texas, Community Visioning 2018
-2019
Snohomish County, Washington, Tourism
Implementation Plan 2017 - 2018
Maine Woods, Tourism Impact Study 2017 - 2018
City of San Diego Defense Industry Economic
Development Plan, California, US, 2016 - 2018
North Coast, Oregon, Tourism Destination
Management, 2018 - 2019
Hilton Head Island, South Carolina, Community
Visioning project, 2016 - 2017
Task Force LIMA Defense Initiative, Ohio, US,
201S-2017
National Congress ofAmerican Indians, Future
Game development, 2016 - 2018
IF41ECIE,;IMT IRUIBIL11CATIIOIIN
The Future of Urban Living, 2019
Future ofTourism, 2018
The Next Industrial Revolution, 2018
The Future of Midwest Agriculture, 2017- 2018
The Future of Manufacturing, 2016
The Future of Food, 2016
Economics of Collaboration, 2015
Cities of the Future, 2015
City of Wayzata, Minnesota, US, Community
Visioning 2017 - 2018
Moosehead Lake Regional Master Plan, Maine,
US, 2016 - 2017
Edina Economic Development Plan, Minnesota,
US, 2016
Oregon Regional Tourism Planning US, 2015 - 2016
Columbia River Gorge, Oregon, US, 2015 - 2016
Griffith Foods Scenario Planning Chicago, US, 2016
Mediterranean PORTS EU Projects
Italy/France, 2015
FoxValley Defense Industry Adjustment,
Wisconsin, US, 2014 - 201S
Texarkana Defense Project, Texas, US, 2015
Vision Edina, Minneapolis, US, 2014 - 201S
Australian Grain Research and Development
Corporation, Western Australia, 2008 - 201S
Vadinia Project, Leon, Northern Spain, 2014
Agriparm Montespertoli, Tuscany, Italy, 2014
Govt, of Alberta Small Business Strategy, Canada,
2013
Steering it Forward
North East Nevada, US, 2013
Mount Pierre Project, Australia, 2013
Kewaunee Economic Adjustment Project, Wisconsin,
US, 2013
Global Think Tank, Windsor Castle, UK, 2012
Future West Cork, Ireland, 2009 - 2012
Palliser Futures Project, Alberta, Canada, 2009
Winnemucca Futures Project
Nevada, US, 2009
Building Sustainable Regional Communities,
Windsor Castle, UK, 2012
The Futures Game, A Scenario game Workshop
Package to Engage Future Thinking, 2009
Development of a Process to Turn Plausible
Scenarios into On -Ground Action, 2009
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iO, 17 November 2020 10
5.2 FN -tI Ir Birail Vice-Piresideil Foresight Research
11:..: DU CA"II'11oIIy
Master of Arts in Teaching
Secondary Level, Social Studies
University of St. Thomas, MN
Bachelor of Arts in Political Science/
International Relations
Advanced Language Certificate: French
Literature
Carleton College, MN
Honours Degree, Neuchatel Jr. College
Neuchatel. Switzerland
iia M IFM IL.. Q D y m If ii IIi
Vice President, Foresight Research,
Future iQ, 2D16 -present
City of Edina, MN, 2013-2016
NCCA- National Model United Nations
Minneapolis, MN, 2010-2013
UNA-MN, St. Paul, MN, 2007-2010
FMA+1111...AIN"II IIHIR 1151110 WQDIRK
Ed. Member, Caring for Cats, present
Vol Judge, Future City Comp., 2017
Adv. Council Member, UNA-MN
2014 -present
Co -President (2011-2013), Ed. Member
(2010, 2014) UNA-MN
„feu„ ir,,,,,>
0rF ate I Illintell11111iigoi nce"
II Al II R 113 RA 114 II G 11 11%
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Heather began work with Future IQ in 2015 as primary researcher and author of Future IQ's
foresight publication The Future of Food, and recently co-authored The Future of Urban Living
and The Next Industrial Revolution. She has extensive experience in local government and the
nonprofit sector, and Is an accomplished project manager and research analyst. Heather has a
well-developed ability to assimilate information into thoughtful and coherent writing. She applies
the integration of future trends, data analysis and public engagement into implementable strategy
development for clients. Through her work, Heather seeks to provide that critical resourceful
guidance needed to empower communities and organizations to make decisions that build
sustainability and resiliency as they face a future of accelerations and change. Originally from
Canada, Heather has pursued her International Interests through her philanthropic work with the
United Nations Association of Minnesota.
IF41ECIE,;IMT Ii IEXIPIE,;IF4111E,INCIE,;
Kinship Fellows and Food: Land:Opportunity
Grantees Summit, Chicago, IL, 2019 -Present
City of Trotwood Organizational Strategic
Plan, OH, 2019 -Present
New North Business Intelligence Strategic
Action Plan, WI (2019)
New England Collaborative, DoD-OEA (2019)
City of Mitchell Community Vision and Action
Plan, SD, 2019 -Present
Future of Urban Living Global Consultation at
Windsor Castle, UI<, 2018
CEDA, ID, 2019
Sustainable Materials Management - Vision
for Iowa, Iowa DNR, 2018 -Present
Tillamook County Strategic Vision and Action
Plan, OR, 2018-2019
ECC Medical/Well-Being Strategic Marketing
Plan and Econ Dev Plan, MN, 2016-2019
NADA, Washington, D.C., 2018-2019
Coppell Vision 2040, Coppell, TX, 2018-2019
City of San Dlego, OEA Grant Facilitation, San
Dlego, CA, 2016-2019
IR E,;ILIE VA INT IRU IBIL114"AT1101i
IDNR Strategic Vision for Iowa, 2019
Trotwood Think -Tank Report, 2019
New England Collaborative Think -Tank
Report, 2019
NADO Strategic Action Plan, 2019
Edina Med/Wellbeing Dest Marketing
Strategic Plan, 2019
CEDA Think -Tank Report, 2019
Tillamook Co Think -Tank Report 2019
The Future of Urban Living, 2019
Coppell Vision 2040 StrateglcAction Plan,
2019
The Future of Tourism, 2018
McHenry Co Coll Strategic Foresight Session,
2018
H1!!!A"II"IL 11:..:1 II-1IFCAIII
heather@future-iq.com
Snohomish County Regional Tourism
Destination Development, WA, 2018
McHenry County College, Crystal Lake, IL, 2018
Rural CommunityAsslstance Partnership,
Washington, D.C., 2018
Wayzata Community Vision, MN, 2017-2018
NHADEC, NH, 2017-2018
Waseca Vision 2030, MN, 2017-2018
Edina Nodes and Modes Bridging Sessions,
Edina, MN 2017
ScottCounty Visioning and Scenario Planning
MN, 2017
CAP -HC Vision and Strategic Action Plan, St.
Louis Park, MN 2017
Task Force LIMA Defense Initiative, Allen
County, OH, 2016-2017
University of Minnesota, Future of Midwest
Agriculture, MN, 2016-2017
Town of Hilton Head Island Vision and
Strategic Action Plan, SC, 2016-2017
City of Edina, Vision Edina, MN, 2014-2015
The Next Industrial Revolution, 2018
Waseca Vision 2030 Strategic Action Plan,
2018
NHADEC Strategic Action Plan, 2018
Snohomish Co Tourism Industry Reports,
2018
Scott County Planning Reports, 2017
Propel San Dlego Think -Tank Report, 2017
Edina Chamber Econ Dev Strategy, 2017
Innovation Framework for Greater Lima
Region, 2016
The Future of Food, 2016
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iO, 17 November 2020 11
5.3 Jolhainina Hoffman, Sir. Foresight aind Planning SI ii llii t, Futuire ii
k °»UIIIII/Ilii
EDUCATION
ATIION
MLA Landscape Architecture 5
Environmental Planning, University of
California, Berkeley, CA
BA Creative Writing and Environmental
Studies, Oberlin, Oberlin, OH
IkmII'AILOY EII T
Senior Project Manager and Design
Specialist, MKThink, San Francisco, CA,
2018 - Present
Founder 5 Lead Designer, Shiftworks,
Berkeley, CA, 2016 - 2019
Resilient Design Associate, Urban Fabrick,
San Francisco, CA, 2016 - 2017
Coastal Sustainability Studio Fellow,
Louisiana State University, Baton Rouge,
LA, 2016
Designer 5 Researcher, The Open
Workshop, San Francisco, CA, 2015
Landscape Designer, Terrain Studio, San
Francisco, CA, 2014
Co -Editor and Director, GroundUp journal,
UC Berkeley, 2012 - 2013
r.rc!7atr I IlliruMa"Illllligeirnc;e "
J011HAININA 114 IIFIIF IIIA,
Johanna Hoffman is an award-winning urban designer, foresight practitioner and strategic planner
focused on helping cities, communities and organisations create more adaptive futures. She holds
a Masters degree in Landscape Architecture and Environmental Planning and a Bachelor's degree
in Environmental Science and Creative Writing. She uses her 10+ years of experience to help clients
navigate dynamic change through comprehensive plans and interactive engagement strategies. Data
visualisation, strategy, qualitative and quantitative research all form important aspects of her work.
She has lectured and presented at institutions from University California Berkeley and the Verba
Buena Center for the Arts to the Rhode Island School of Design and the Massachusetts Institute of
Technology. Recent clients include the University of Hawaii, the Call Unified Planning District and
the San Francisco International Airport.
RECENT IIAROJIkCT EXPERIENCE
Senior Project Manager and Design
Specialist, MKThink, San Francisco, CA,
2018 - Present
Founder 5 Lead Designer, Shiftworks,
Berkeley, CA, 2016 - 2019
Resilient Design Associate, Urban Fabrick
San Francisco, CA, 2016 - 2017
Coastal Sustainability Studio Fellow,
Louisiana State University, Baton
Rouge, LA, 2016
Designer 5 Researcher, The Open
Workshop, San Francisco, CA, 2015
Landscape Designer, Terrain Studio,
San Francisco, CA, 2014
IRIk.II IIAU13 LJ E AT110INS
"Overlooking Risk Until It's Too Late is No
Longer An Option:" Smart Cities Dive, 2017
"Incremental Development:" World
Landscape Architecture, 2015
"5 Cities That Will Benefit from Climate
Change:" Next City, 2014
II3II1OII" Ike SSIl O N AL. SAV"II" II 10 INS
American Society of Landscape Architects
Verba Buena Center for the Arts
San Francisco Urban Planning Research
The European Futures Observatory
JOH ANN A IHOIF-IF-M AN
johanna@future-iq.com
Co -Editor and Director, GroundUp journal,
UC Berkeley, 2012 - 2013
Designer 5 Researcher, Hood Studio,
Oakland CA, 2011 - 2013
Research Associate, Arava Institute,
Israel, 2010
Research Associate, Oberlin College,
Oberlin, OH., 2009
Research Coordinator, Perry Institute of
Marine Science, Exumas, Bahamas, 2008
• Researcher, RV Heraclitus, Polynesia, 2004
"In Iceland's resilience, a lesson for us as
our world shifts:" The Daily Climate, 2014
"Better Red Than Dead:" Earth Island
journal, 2011
"Grow Wetlands Fight Global Warming?"
The Ecology Center., 2010
AMENDED - City of Coppell — FOARD Task Force Advanced Scenario Development — Future iO, 17 November 2020 12
C',P FE L
File ID: 2020-5435
Version: 1
File Name: DART Silver Line
City of Coppell, Texas
Master
File Number: 2020-5435
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 12/02/2020
Final Action:
Title: Consider approval of a Resolution of the City of Coppell in support of the
Dallas Area Rapid Transit Resolution Nos. 200100 and 200086 related to the
adoption of the Silver Line Light Rail alignment; providing for authorization to
exercise eminent domain to acquire right-of-way within the corporate limits;
and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: DART Silver Line Memo.pdf, DART Resolution.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5435
Title
Consider approval of a Resolution of the City of Coppell in support of the Dallas Area Rapid
Transit Resolution Nos. 200100 and 200086 related to the adoption of the Silver Line Light Rail
alignment; providing for authorization to exercise eminent domain to acquire right-of-way within
the corporate limits; and authorizing the Mayor to sign.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
Staff recommends approval.
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5435)
Strategic Pillar Icon:
City of Coppell, Texas Page 2 Printed on 12/4/2020
MEMORANDUM
To: Mayor and City Council
Through: Mike Land, City Manager
From: Traci E. Leach, Deputy City Manager
Date: December 8, 2020
Reference: DART Rail Update
2040: Innovative Transportation Networks
Introduction:
This agenda item is an administrative requirement related to Dallas Area Rapid Transit's (DART)
right to exercise eminent domain (ED) for the Silver Line project. While the City has no official role
regarding the acquisition process for the rail line, DART is unique in that their enabling legislation
requires DART to have its ED Resolution approved by the governmental entity where the property
resides before DART can begin the ED process. It has long been DART's process to obtain the
governmental approval of its resolution as soon as possible after DART's approval and before written
offers are made to property owners.
Staff anticipates that there will be at least one more of these resolutions brought to the Council in next
few months to allow DART to initiate the negotiation and acquisition process. The resolution before
the Council this evening covers eleven parcels that the DART Board approved in August and
September 2020.
Background:
The Silver Line will connect the DFW Airport to the cities of Dallas, Carrollton, Addison, Richardson
and Plano. Along that route, only the City of Coppell is not a member of DART. In 2017, we saw
the advancement of the Silver Line regional rail service from its potential construction and activation
well beyond the year 2030 in the regional mobility plan, to actual approval, funding and scheduling
for revenue service at the end of calendar year 2022.
The Silver Line alignment extends the rail line off the existing DART right-of-way just west of Moore
Road, where is deviates south into City of Dallas and Cypress Waters. The rail line heads back north
and joins the existing rail right-of-way just to the east of Southwestern Boulevard. DART is
coordinating all acquisition activities for property that is required for the new rail right-of-way.
Legal: The City Attorney has reviewed and approved as to form.
Fiscal Impact: None.
Recommendation: Staff recommends approval of this resolution.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS IN
SUPPORT OF THE DALLAS AREA RAPID TRANSIT RESOLUTION NOS. 200100 and
200086 RELATED TO THE ADOPTION OF THE SILVER LINE LIGHT RAIL
ALIGNMENT; PROVIDING FOR AUTHORIZATION TO EXERCISE EMINENT
DOMAIN TO ACQUIRE RIGHT-OF-WAY WITHIN THE CORPORATE LIMITS;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING
CLAUSE AND PROVIDING WITH AN EFFECTIVE DATE.
WHEREAS, Dallas Area Rapid Transit (DART) was created to provide a regional public
transportation system, and the acquisition of real property and the planning, design, engineering, and
construction of improvements thereon are functions fundamental to the provision of a public transportation
system; and,
WHEREAS, the City of Coppell, in coordination with DART and other stakeholders, identified a
mutually advantageous alignment for the Silver Line to include the Cypress Waters station in the City of
Dallas; and,
WHEREAS, on August 14, 2018 the City of Coppell City Council approved an Interlocal
Agreement with DART; and,
WHEREAS, all property acquisition activities related to the Silver Line are conducted by DART;
and
WHEREAS, after careful review of impacted parcels, the DART Board desires to declare the
acquisition of parcels a public necessity, to approve the offer of just compensation for these parcels, and to
authorize the President/Executive Director or his designee to proceed with the negotiation and purchase of
these parcels, and if necessary, the acquisition of these parcels through eminent domain; and
WHEREAS, the property/properties are necessary and proper for construction of the Silver Line
Regional Rail Corridor project and for any other use authorized by Chapter 452 of the Texas Transportation
Code, and such use is hereby declared to be a public use for a public purpose; and
WHEREAS, on August 25, 2020 and September 22, 2020, the Board of Directors of DART
approved Resolutions declaring a public necessity, established just compensation, and authorizing the
acquisition of property within the City of Coppell for the Silver Line Regional Rail Project through eminent
domain proceedings, if necessary; and
WHEREAS, in order for DART to exercise its power of eminent domain, the Coppell City Council
must authorize such within the Coppell city limits.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL THAT:
SECTION 1. The City of Coppell supports DART Board of Directors, Resolution Nos. 200100
and 200086, attached hereto as Exhibit 1, related to the adoption of the Silver Line alignment for light rail
service.
SECTION 2. The City of Coppell authorizes DART to exercise eminent domain within the
corporate limits of the City of Coppell, Dallas County, Texas for the sole purpose of acquisition of right-
of-way for the approved alignment of the Silver Line as set forth in Exhibit 1.
SECTION 3. That any other prior resolution of the City Council in conflict with the provisions
contained in this Resolution are hereby repealed and revoked.
SECTION 4. Should any part of this resolution be held to be invalid for any reason, the remainder
shall not be affected thereby, and such remaining portions are hereby declared to be severable.
SECTION 5. This resolution shall take effect immediately from and after its passage as provided
by law.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the 8t' day of
December, 2020.
APPROVED:
Karen Selbo Hunt, Mayor
ATTEST:
Ashley Owens, City Secretary
APPROVED AS TO FORM:
Robert E. Hager, City Attorney
Em�bcT I
DaRus A,irea Rapid Tifumt.H
RCBcX 660163
DAR,n
T Dcilkis, IX 7526,6-0163
214-749-3278
119,
Octo4or 7', 2020
Mr. Mike Land
City Manager
City of coppell
255 F. Parkway Blvd.
Cuppell, Texas� 7'5019
W Traci 13, each
Deputy City m''artaget,
City of Coppell
255 H. Parkway Blvd.
Cuppell, 1"exas 75019
RE: City ofCoppell Eminent Do�iiiiaitiALi,i,tioi.,izaitioii forSilvarUnellarecls CJ31-015, C13I-01,6'
DEI -0,16, C131-017, G131 -017A, 011I-018, CBI -019, M-021, and CBIl25 located in the
City of Copp6l in the vicinity f Southwestern Boulevard and South Rell Line Road
Dear Mr, Land and Ms, Leach -
On, August �25, 2020, the Dallas Area RaPid Transit (DART) Board approved Resolutio.n No,
200096 decluring a, public necessity, establishing just compensation, and authorizing the
acquisition of propoity for the Silver Line 'Regional Rail Project through anainent domain
proccedings, if necessary,,
As noted in Section I for Parcel, CBI -015, Section 2 fur Parcel C131-016, Section 3 forDEI-010,
Section 4 forC131-017, Section 5 for C131 -017A, Section 6 for C131-018, Section, 7 for CBI -019,
Sec(ion 8 forCBI-021,, and Section 9 for C-91-025 of VARTs Board Resolution, VART will, not
exercise its power of erninent domainfor the acquisition of these parccls without the approva,l of
ffiv City Council of thD City of Coppell.
The City of Coppell isbemby requested to grant DART the authority to acquire by erninent
donflain, ifnecessary, rhe abovo-referenced lyra is wbich, are required for the Silver Line Projea
"I"o Stay on Construction .9chedule and, of delay the Silver Line, project, DART requesfis the
apptoval of its Board Resolution be plued, on t -be next uvaflab,le City Council agenda for
consideration,
Thefullowing enolosurus are provided to fimilitute yotmixview and approval of DART's rearrest:
1. U."s Board Resolution :tart. 2000,86 with Legal Descriptions
2. Aerial Maps sho-whig, the Parcel locations
Mr. Mike Land
M -S, Traci Leach,
October 7, 2020
Page 2
DAR" 'r appreciates, the, Citys sopdao ft to use, erninent domaiii, i' nece%sary, to acquire these
Properties,
Pleash confirin with Ora Pctfiford of DART's 'Real Estate staff via inail at
- . I . . . .. . .. .... .... . . ....... ..... -9
which ageada datART's Board Resolution will be eoji,sidercd by tlie it Council. DART
Staff will Lie present atid ready to answer any questions the Council 'Menihers may have.,
If you have any questions, please feel free tua contact me at. (2,14) 749-2544 or by enlaril at
Sincerely,
Isd Gary C. Thornas
Roviewedand aPproved, bvit not signed due to
COVID-19 Curonavirus Pandeinic
("J'ary C. Thootas
Prcsident/Executive Director
Eiclosures
C DART -Board
Timothy H. McKay, DART, Executive Vice President, Growth/Regional Development
Edic Diaz, DART, Vice President, Government Retalions
REASOIJUTION
of the
200086
[14W, DAt,,LAS AREA RAVID TRANSITIROARD
(Executive Coinnxittee) RESOLUTION
Declare Publtc Necessity,, Establish Just Compensation, and Authorize the Acqu,isilion of
Parcels CRUM 5, C1ElkI-016, DEI -016, C131-017,! 131,-117 , C&I-0118, C01-019, C81-021, and
(,"ai-m in me city of Copp etvirexas, for the Catton Bel( Silver tFlu se Project, and Authorize
Entiment Domain Proceedings, if Nveessary
WHEREAS, Dallas Area Rapid Transit (DARI') was created, to provide as regional public
transpottationi system,, and the acqUiSitkll of real property and the ll�annilng, design, enginevring,
and, construction �of improvements thercon are functions fundamental to flle pl.roViSioll cal" as public
transpotlation stem ; and
WHEREAS, the parcels describcd in l:,, habits 1-9 are required for the construction, of the Silver
Line Regional, Rail pr jest„ and
WHEREAS, after careful. review of' these parcels andr the recommendation of the
President/13mutive Director, than Board desilres to declare the acquisitioirol.7 these parcels as public
necessity, to approve the offer, of just compensation for each parcel, asid to authorize the
President/Executive Director or his tlesigrice to, proceed with, the negotiation and purchase of these
parcels, and if rtecessary, the UqPiSitiOn of these parcels through eminent domain; and
WHEREAS, funding for these real estatc acqaisitions is within current Budget and FY 2020
I"wen ty -Year Finan,cjal Piall, allocations,
NOW, r]JEREFORE, 1313 IT RESOLVED by the Dallas Area Rapid "Transit (DAW17) Hloard (if'
Diriactars lhaL
Declare PuWk Ncccssky Mver Line Project 11 8/25"'2020 8;24 A 3 A M
Seclion 1: 1 'here is as public necessity for the acqu isition of the Parcel 0131-01 -015 described
in Exhibit 1, This, Property is riecessary and, proper for construction of' the Silver
Une Regional Rail Project an(l for any odler, use authorized by Chapter 452, of
the Texa,s Transportation odc, and such rise is hereby declared to be a pubfic
u,w, for as pubfic purpose. The amount to be paid represents just compensation.
for this parml required for the Silm [Ane Regional Rail project as determined
by a Texas State Ccrtified Appraiser and reviewed by as Texas State Certified
Appraiser. Ill the event the property owner accepts the pilyrrue I'll of JuSt
compen.sation, the President/Exceutive Director or his dasignec is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation, expenses,, title Policy expenses, clostrig costs, and other such costs as
may be required by law to close the purchase ot"the property, Should the
Property owner decline the paynACIlt Of jUSt C01111MIS(Iti011, Hoerr the
lila-cside,iit/1',�,xcct,t,tive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DAR T's Real, Estate
Policy. If the Fresident/17-Necutive Director or his designee is unable to negotiate
the purchase of this parcel fbrjust compensation, the General Counsel is hereby
authorized and directed to initiate and prosecute the campletiou of ctninent
domain proceedings for thc acquisition of this patvel for the Silver I.Ane
Regional Rail project, DAR,r shall ri,ot exercise its Power of eminela donvain for
the acquisition of the parcel described in Fxkibif I wit'hout appmal of stiell
acquisition by the City Council of the City of Coppell, for CB 1 -0 15. DART's,
exercise of the power of ennnent d,oinain in acquiring, the herein, described
parccl will not Unduly inipair, the then existing neighborhood, Character of
property surrouilding orr adjatent to the property to be condenirted, nor unduly
interCerc with interstate cominerce, nor authorize DART to run its vchicles on,
railroad tracks,which are used to transport property,.
Declare 11u hhe Neces.sity Silver Line PrpJact 2 8/215/2020 8:24:43 AM
Section 2� There is, as public necessity tbr the acqu isition of the Parcel. CB 1, -0 16 described
in Exhibit 2, This property is necessaryanxt proper for, construdion of tile Silver
Line Regional Rail, Project. and for any other use authorized by Chapter 452 of
the 1exas Transportation Codc, and such use is hereby declared to Ix as public
use for as publiQ purpose, J 'Ise arnw-ut to be paid represents jwst compensation
for tbi,s parcel required for I ' lie Silver Line Rcgional Rail Projcot ,is deterni.ined
by a Texas, State Clertified Appraiser and reviewed by a Texas State ("ertified
Appmis,er. In the event die property owner accepts the payment of' just,
compensation, the Prcsident/Exccut�ive Dircetar or his designee is hereby
authorized, to, execute all necessary legal instrumcirts and to pay necessary
relocation cxperuses, title policy exp erlses:, closing costs, and other such Cost$ as,
may be required by law to cleric the purchase of the property. Should ilia
property owner decline the payrnent of just coiripensation, then the,
Presidcril/Excuritivc Director or h.is, designee is heraby authorized RTHI directed
to negotiate (lie purchase of such parcel, in aceordartcc with, DART's Real! Estate
111olicy, If the President/Executive Director or his designee is unable to, negotinte
the purchase of th is parcel for Just compensation, the General Counsel is hereby
authorized and directed to initiate and prosacule the Completion of eminent
doinain proceedings for the acquisition of this parccl for the Silver Unc
Regimial Ra,il Protect„ ;l not excrcise its: power of7critirre-nt, doinain for
the acquisition of the parcel, described in 11xhibil 2 widwut approval or such
aac ition by the City "o uracil of (lie City of Cop pell for CB 1 -0 1 6, DART's
exercise, of flie power or eirrinent domain in acquiring the hereirl) described
pareel will not unduly impair the then existing neighborhood character of
per vpert y surromiding or adJacent to the property to be condemn,ed, n,Or Unduly
interf�re wide inters'late wo"i,aterce, nor authorize DAR.'" to r-kin, its vehicles on
railroad tracks which are used to transport property.
Dedare Public Necnisity Silver Lim Prqjtm 3 M5/2020 8:2411-1,43 A,ryl
Section 3: There is a public necessity for the acquisition of the Parcel DEI -016 described
in Exhibit 3. This property is necessary and proper for construction of the Silver
Line Regional Rail Project and for any other use authorized by Chapter 452 of
the Texas Transportation Code, and such use is hereby declared to be a public
use for a public purpose. The amount to be paid represents just compensation
for this parcel required for the Silver Line Regional Rail Project as determined
by a Texas State Certified Appraiser and reviewed by a Texas State Certified
Appraiser. In the event the property owner accepts the payment of just
compensation, the President/Executive Director or his designee is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation expenses, title policy expenses, closing costs, and other such costs as
may be required by law to close the purchase of the property. Should the
property owner decline the payment of just compensation, then the
President/Executive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DART's Real Estate
Policy. If the President/Executive Director or his designee is unable to negotiate
the purchase of this parcel for just compensation, the General Counsel is hereby
authorized and directed to initiate and prosecute the completion of eminent
domain proceedings for the acquisition of this parcel for the Silver Line
Regional Rail Project. DART shall not exercise its power of eminent domain for
the acquisition of the parcel described in Exhibit 3 without approval of such
acquisition by the City Council of the City of Coppell for DEI -016. DART's
exercise of the power of eminent domain in acquiring the herein described
parcel will not unduly impair the then existing neighborhood character of
property surrounding or adjacent to the property to be condemned, nor unduly
interfere with interstate commerce, nor authorize DART to run its vehicles on
railroad tracks which are used to transport property.
Declare Public Necessity Silver Line Project 4 8/25/2020 8:24:43 AM
Section 4: There is a public necessity for the acquisition of the Parcel CB1-017 described
in Exhibit 4. This property is necessary and proper for construction of the Silver
Line Regional Rail Project and for any other use authorized by Chapter 452 of
the Texas Transportation Code, and such use is hereby declared to be a public
use for a public purpose. The amount to be paid represents just compensation
for this parcel required for the Silver Line Regional Rail Project as determined
by a Texas State Certified Appraiser and reviewed by a Texas State Certified
Appraiser. In the event the property owner accepts the payment of just
compensation, the President/Executive Director or his designee is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation expenses, title policy expenses, closing costs, and other such costs as
may be required by law to close the purchase of the property. Should the
property owner decline the payment of just compensation, then the
President/Executive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DART's Real Estate
Policy. If the President/Executive Director or his designee is unable to negotiate
the purchase of this parcel for just compensation, the General Counsel is hereby
authorized and directed to initiate and prosecute the completion of eminent
domain proceedings for the acquisition of this parcel for the Silver Line
Regional Rail Project. DART shall not exercise its power of eminent domain for
the acquisition of the parcel described in Exhibit 4 without approval of such
acquisition by the City Council of the City of Coppell for CBI -017. DART's
exercise of the power of eminent domain in acquiring the herein described
parcel will not unduly impair the then existing neighborhood character of
property surrounding or adjacent to the property to be condemned, nor unduly
interfere with interstate commerce, nor authorize DART to run its vehicles on
railroad tracks which are used to transport property.
Declare Public Necessity Silver Line Project 5 8/25/2020 8:24:43 AM
I 1 1 : .
Section 5: There is a public necessity for the acquisition of the Parcel CB 1-017A described
in Exhibit 5. This property is necessary and proper for construction of the Silver
Line Regional Rail Project and for any other use authorized by Chapter 452 of
the Texas Transportation Code, and such use is hereby declared to be a public
use for a public purpose. The amount to be paid represents just compensation
for this parcel required for the Silver Line Regional Rail Project as determined
by a Texas State Certified Appraiser and reviewed by Texas State Certified
Appraiser. In the event the property owner accepts the payment of just
compensation, the President/Executive Director or his designee is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation expenses, title policy expenses, closing costs, and other such costs as
may be required by law to close the purchase of the property. Should the
property owner decline the payment of just compensation, then the
President/Executive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DART's Real Estate
Policy. If the President/Executive Director or his designee is unable to negotiate
the purchase of this parcel for just compensation, the General Counsel is hereby
authorized and directed to initiate and prosecute the completion of eminent
domain proceedings for the acquisition of this parcel for the Silver Line
Regional Rail Project. DART shall not exercise its power of eminent domain for
the acquisition of the parcel described in Exhibit 5 without approval of such
acquisition by the City Council of the City of Coppell for CBI -017A. DART's
exercise of the power of eminent domain in acquiring the herein described
parcel will not unduly impair the then existing neighborhood character of
property surrounding or adjacent to the property to be condemned, nor unduly
interfere with interstate commerce, nor authorize DART to run its vehicles on
railroad tracks which are used to transport property.
Declare Public Necessity Silver Line Project 6 8/25/2020 8:24:43 AM
Section 6: There is a public necessity for the acquisition of the Parcel CB 1 -0 18 described
in Exhibit 6. This property is necessary and proper for construction of the Silver
Line Regional Rail Project and for any other use authorized by Chapter 452 of
the Texas Transportation Code, and such use is hereby declared to be a public
use for a public purpose. The amount to be paid represents just compensation
for this parcel required for the Silver Line Regional Rail Project as determined
by a Texas State Certified Appraiser and reviewed by a Texas State Certified
Appraiser. In the event the property owner accepts the payment of just
compensation, the President/Executive Director or his designee is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation expenses, title policy expenses, closing costs, and other such costs as
may be required by law to close the purchase of the property. Should the
property owner decline the payment of just compensation, then the
President/Executive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DART's Real Estate
Policy. If the President/Executive Director or his designee is unable to negotiate
the purchase of this parcel for just compensation, the General Counsel is hereby
authorized and directed to initiate and prosecute the completion of eminent
domain proceedings for the acquisition of this parcel for the Silver Line
Regional Rail Project. DART shall not exercise its power of eminent domain for
the acquisition of the parcel described in Exhibit 6 without approval of such
acquisition by the City Council of the City of Coppell for CBI -018. DART's
exercise of the power of eminent domain in acquiring the herein described
parcel will not unduly impair the then existing neighborhood character of
property surrounding or adjacent to the property to be condemned, nor unduly
interfere with interstate commerce, nor authorize DART to run its vehicles on
railroad tracks which are used to transport property.
Declare Public Necessity Silver Line Project 7 8/25/2020 8:24:43 AM
Section 7: There is a public necessity for the acquisition of the Parcel CBI -019 described
in Exhibit 7. This property is necessary and proper for construction of the Silver
Line Regional Rail Project and for any other use authorized by Chapter 452 of
the Texas Transportation Code, and such use is hereby declared to be a public
use for a public purpose. The amount to be paid represents just compensation
for this parcel required for the Silver Line Regional Rail Project as determined
by a Texas State Certified Appraiser and reviewed by a Texas State Certified
Appraiser. In the event the property owner accepts the payment of just
compensation, the President/Executive Director or his designee is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation expenses, title policy expenses, closing costs, and other such costs as
may be required by law to close the purchase of the property. Should the
property owner decline the payment of just compensation, then the
President/Executive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DART's Real Estate
Policy. If the President/Executive Director or his designee is unable to negotiate
the purchase of this parcel for just compensation, the General Counsel is hereby
authorized and directed to initiate and prosecute the completion of eminent
domain proceedings for the acquisition of this parcel for the Silver Line
Regional Rail Project. DART shall not exercise its power of eminent domain for
the acquisition of the parcel described in Exhibit 7 without approval of such
acquisition by the City Council of the City of Coppell for C131-019. DART's
exercise of the power of eminent domain in acquiring the herein described
parcel will not unduly impair the then existing neighborhood character of
property surrounding or adjacent to the property to be condemned, nor unduly
interfere with interstate commerce, nor authorize DART to run its vehicles on
railroad tracks which are used to transport property.
Declare Public Necessity Silver Line Project 8 8/25/2020 8:24:43 AM
Section 8: There is a public necessity for the acquisition of the Parcel CBI -021 described
in Exhibit 8. This property is necessary and proper for construction of the Silver
Line Regional Rail Project and for any other use authorized by Chapter 452 of
the Texas Transportation Code, and such use is hereby declared to be a public
use for a public purpose. The amount to be paid represents just compensation
for this parcel required for the Silver Line Regional Rail Project as determined
by a Texas State Certified Appraiser and reviewed by a Texas State Certified
Appraiser. In the event the property owner accepts the payment of just
compensation, the President/Executive Director or his designee is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation expenses, title policy expenses, closing costs, and other such costs as
may be required by law to close the purchase of the property. Should the
property owner decline the payment of just compensation, then the
President/Executive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DART's Real Estate
Policy. If the President/Executive Director or his designee is unable to negotiate
the purchase of this parcel for just compensation, the General Counsel is hereby
authorized and directed to initiate and prosecute the completion of eminent
domain proceedings for the acquisition of this parcel for the Silver Line
Regional Rail Project. DART shall not exercise its power of eminent domain for
the acquisition of the parcel described in Exhibit 8 without approval of such
acquisition by the City Council of the City of Coppell for CBI -021. DART's
exercise of the power of eminent domain in acquiring the herein described
parcel will not unduly impair the then existing neighborhood character of
property surrounding or adjacent to the property to be condemned, nor unduly
interfere with interstate commerce, nor authorize DART to run its vehicles on
railroad tracks which are used to transport property.
Declare Public Necessity Silver Line Project 9 8/25/2020 8:24:43 AM
Section 9: There is a public necessity for the acquisition of the Parcel CBI -025 described
in Exhibit 9. This property is necessary and proper for construction of the Silver
Line Regional Rail Project and for any other use authorized by Chapter 452 of
the Texas Transportation Code, and such use is hereby declared to be a public
use for a public purpose. The amount to be paid represents just compensation
for this parcel required for the Silver Line Regional Rail Project as determined
by a Texas State Certified Appraiser and reviewed by a Texas State Certified
Appraiser. In the event the property owner accepts the payment of just
compensation, the President/Executive Director or his designee is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation expenses, title policy expenses, closing costs, and other such costs as
may be required by law to close the purchase of the property. Should the
property owner decline the payment of just compensation, then the
President/Executive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DART's Real Estate
Policy. If the President/Executive Director or his designee is unable to negotiate
the purchase of this parcel for just compensation, the General Counsel is hereby
authorized and directed to initiate and prosecute the completion of eminent
domain proceedings for the acquisition of this parcel for the Silver Line
Regional Rail Project. DART shall not exercise its power of eminent domain for
the acquisition of the parcel described in Exhibit 9 without approval of such
acquisition by the City Council of the City of Coppell for CBI -025. DART's
exercise of the power of eminent domain in acquiring the herein described
parcel will not unduly impair the then existing neighborhood character of
property surrounding or adjacent to the property to be condemned, nor unduly
interfere with interstate commerce, nor authorize DART to run its vehicles on
railroad tracks which are used to transport property.
Declare Public Necessity Silver Line Project 10 8/25/2020 8:24:43 AM
Declare Public Necessity, Establish Just Compensation, and Authorize the Acquisition of Parcels
CBI -015, CB1-016, DE1-016, CBI -017, CBI -017A, CBI -018, CBI -019, CBI -021, and CBI -025 in
the City of Coppell, Texas for the Cotton Belt Silver Line Project, and Authorize Eminent Domain
Proceedings, if Necessary
Jonathan Wkelly
11
�4ecretary
APPROVED AS TO FORM:
Gene Gamez
General Counsel
Declare Public Necessity Silver Line Project
Paul N.
Chair
ATTEST
Gary C.T m
Presiders cutive Director
August 25, 2020
Date
8/25/2020 8:24:43 AM
Field Notes Describing a 2,018 Square Foot (0.0463 Acres) Exhibit
Parcel CBI -015 to be Acquired From
MLRP Park West Crossing H LLC 200086
BEING a 2,018 square feet or 0.0463 acre tract of land situated in the James A. Simmons Survey,
Abstract No. 1296, City of Coppell, Dallas County, Texas, said 2,018 square feet of land being a portion
of LOT 5, BLOCK A, PARK WEST CROSSING, being an Addition to the said City and State,
according to the plat thereof recorded in Dallas County Clerk's Instrument Number (D.C.C.I. NO.)
201600116983, Deed Records, Dallas County, Texas (D.R.D.C.T.), said 2,018 square feet of land being a
portion of that certain tract of land that MLRP Park West Land LLC conveyed to MLRP PARK WEST
CROSSING H LLC, by Deed without Warranty, as recorded in D.C.C.I. NO. 201800308619, filed
November 21, 2018, D.R.D.C.T., said 2,018 square feet of land being more particularly described by
metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with a yellow cap stamped "HALFF ASSOC INC" found at the
northeast lot corner of said Lot 5, same being on the southerly right-of-way line of Southwestern
Boulevard (being a variable width public right-of-way, dedicated in part by plat filed for record in
Volume 90218, Page 3264, D.R.D.C.T.);
THENCE South 33058'09" West, along the southeast lot line of said Lot 5 and along the said southerly
right-of-way line of said Southwestern Boulevard, 14.29 feet to a 5/8 inch iron rod with a cap stamped
"SPOONER 5922" set (hereinafter referred to as an iron rod set) at the northwest property corner of a
called 23.947 acre tract conveyed to Park West Creek, LLC, by deed thereof filed for record in D.C.C.I.
NO. 201400045576, D.R.D.C.T.;
THENCE South 33°58'09" West, continuing along the said southeast lot line and along the northwest
property line of the said 23.947 acre tract, 37.25 feet to an iron rod set from which a 5/8 inch iron rod
with a yellow cap stamped "HALFF ASSOC INC" found on the southerly lot line of said Lot 5 bears
South 33°58'09" West, 197.54 feet;
THENCE departing the said lot line and the said property line, over and across said Lot 5 the following
courses and distances:
North 35°44'44" West, 56.12 feet to an iron rod set;
North 35146'07" West, 27.36 feet to an iron rod set on the north lot line of said Lot 5, same being
the said southerly right-of-way line of Southwestern Boulevard, said point being South 72°03'30"
East, 271.25 feet from a 5/8 inch iron rod with a cap stamped "MICHAEL BITNER 5834" found
on the northerly lot line of said Lot 5;
THENCE South 72°08'28" East, along the said lot line and along the said right-of-way line, 81.50 feet to
the POINT OF BEGINNING, containing 2,018 square feet or 0.0463 acres of land.
NOTE: All bearings and coordinates as based on the Texas State Plane Coordinate System,
NAD -83 (2011), North Central Zone (4202). The horizontal datum derived from the 2019
NAD -83 Published (CORS) Stations ZFW 1 and TXCO. All distances shown are surface
values and may be converted to grid by dividing by the conversion factor for Dallas
County of 1.000136506.
ISI
r �ti OF T i
s r gF �+ k
3-21)-20 < ERIC S. SPOONER
Surveyors me: Eric S. Spoonecn=r 45922 /
Registered Professional Land Surveyor, Texas No. 5922 e �o %4
Spooner and Associates, Inc. 1` goFEss, e ,toy/
Texas Board of Professional Land Surveying No. 10054900 ��+viVAp"i
CBI -015 Sheet 1 of 2
Declare Public Necessity Silver Line Projedt 1 8/25/2020 8:24:43 AM
0.
LEGEND
.3 RIGHT OF WAY TO BE ACQUIRED
O.P.R.D.C.T. OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS
D.R.D.C.T. DEED RECORDS, DALLAS COUNTY, TEXAS
(CM) CONTROLLING MONUMENT
® 5/8 INCH DIAMETER IRON ROD WITH PINK PLASTIC CAP
STAMPED "SPOONER 5922" SET
FOUND IRON ROD 0 GUY ANCHOR
p<I WATER VALVE 0 UTILITY POLE
OVER HEAD
S�v PO ER
k y(VARIABLE. Hw1DTHTpRN BLV p.
(CAI)
0218, PG• 3264, D R.D• w')
ti
�,.�eN�s-B2p'D,CC�3Bl
4. £ ,4tiO
0.
N35'46'07"W
2 7,36'
•
NOTFR --wv
1. All beoring and coordinates as
based on the Texas State Plane
Coordinote System�AID 83 2011)North Centro) Zone202 he
horizontal datum ded rom the
2019 NAD 83 Published (CORS)
Stations ZFW1 and TXCO,
2. All distances shown are surface
values and may be converted to
grid by dividing by the conversion
factor for Dol as
County of
1,000136506
3. This survey was performed without
the benefit of a title commitment.
4. Easements were not researched by
the surveyor.
Np
12y6,
DRIED RETAINING POINT OF
ATER WALL BEGINNING
FOUND
5 8" IRON ROD
W/YELLOW HALFF
ASSOC INC CAP
' (CM)
�., GUARD
/ ..� RAIL
0 0.0463 AC. /
2,018 SQ. FT. •
tCB-015 TO BE ACQUIRED
D
N35'44'44"W • i
LOT 5, BLOCK A, 56.12
PARK WEST CROSSING
ca
D.C.C.I. N0, 201 6001 1 6983,
D.R.D.C.T. /
MLRP PARK WEST LAND LLC TO
' MLRP PARK WEST CROSSING H, LLC /
°
D.C.C.I. NO. 201800308619,
rn FILED NOVEMBER 21, 2018 / v
rn D.R.D.C.T.
z
'in20' HIKE & BIKE TRAIL
D.C.C.I. NO. 201000046397,
D.R.D.C.T. / y�
;33'58'09"W
14.29
N
S33'58'0q'W
37.25
20 ��' Q� CALLED: 23.947 ACRES 0 15 30
Op, , v�,p PARK WEST CREEK, LLC
�'b D.C.C.I. NO. 201400045576, Feet
' h 4) D.R.D.C.T.
N
/ Sheet 2 of 2
p
DART PROJECT
SCALE 1"=30'
COTTON BELT REGIONAL RAIL SYSTEM
A
;
PARCEL C81-015
ROsmenl
Jacobs�S
-�JWNER1-w
2,018 SQUARE FOOT (0.0463 ACRE)
x
o1
EspooneA
PARCEL TO BE ACQUIRED FROM
Jacobs
s
70® BYM$MET• Sun 100 EMSS. TIM431 39
MLRP PARK WEST CROSSING H LLC
MMSRsaWa w.wvsa00NEftSUWVoHscaa
10-28-2019
'
'
fBPLFY>AINO, 1006W00
•
CONTRACT
DWG No.
I
Declare Pubic Necessi Silver
fto Pro' is reserved, 1987-2019
2
C-203 270—01
t ,p1g� n
8/25/ 9%149 KNP
Exhibit 2
Field Notes Describing an 28,514 Square Foot (0.6546 Acres) 200086
Parcel CBI -016 to be Acquired From
Park West Creek, LLC
BEING an 28,514 square feet or 0.6546 acre tract of land situated in the James A. Simmons Survey,
Abstract No. 1296, City of Coppell, Dallas County, Texas, said 28,514 square feet of land being a portion
of a called 23.947 acre tract of land that Pacific Resources Associates LLC conveyed to PARK WEST
CREEK LLC, by special warranty deed, as recorded in Dallas County Clerk's Instrument Number
(D.C.C.I. NO.) 201400045576, Deed Records, Dallas County, Texas (D.R.D.C.T.), said 28,514 square
feet of land being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred to as
an iron rod set) at the most northerly northwest property corner of the said 23.947 acre tract said
beginning point also being on southeast lot line of Lot 5, Block A, Park West Crossing, being an Addition
to the said City and State, according to the plat thereof filed for record in D.C.C.I. NO. 201600116983,
D.R.D.C.T., from which a 5/8 inch iron rod with a yellow cap stamped "HALFF ASSOC INC" found at
the northeast lot corner of said Lot 5 bears North 33°58'09" West, 14.29 feet, said beginning point being
on the southerly right-of-way line of Southwestern Boulevard (being a variable width public right-of-way,
dedicated in part by plat filed for record in Volume 90218, Page 3264, D.R.D.C.T.), said beginning point
further more being at the beginning of a curve to the left having a radius of 655.00 feet;
THENCE along the north property line of the said 23.947 acre tract, along the said southerly right-of-
way line of Southwestern Boulevard and along the said curve to the left, through a central angle of
06147'34", an arc length of 77.65 feet, and across a chord which bears South 78°12'19" East, a chord
length of 77.61 feet to an iron rod set;
THENCE South 81 °36'00" East, continuing along the said property line and along the said right-of-way
line, 17.65 feet to an iron rod set;
THENCE departing the said north property line and the said right-of-way line, over and across the said
23.947 acre tract the following courses and distances:
South 35°44'44" East, 39.89 feet to an iron rod set;
South 36°36'30" East, 97.33 feet to an iron rod set at the beginning of a curve to the left having a
radius of 1,033.73 feet;
Along the said curve to the left, through a central angle of 04°47'20", an arc length of 86.40 feet,
and across a chord which bears South 40°45'51" East, a chord length of 86.37 feet to an iron rod
set on the southeast property line of the said 23.947 acre tract, same being the northwest lot line
of Lot 1, Block 1, Park West Commerce Center, being an Addition to the said City and State,
according to the plat thereof filed for record in Volume 93226, Page 2864, D.R.D.C.T.;
THENCE South 33°58' 13" West, along the said property line and along the said lot line, 102.34 feet to
an iron rod set at the beginning of a non -tangent curve to the right having a radius of 1,133.73 feet;
THENCE departing the said southeast property line and the said northwest lot line, over and across the
said 23.947 acre tract the following courses and distances:
Along the said curve to the right, through a central angle of 05°56'28", an arc length of 117.56
feet, and across a chord which bears North 41°20'25" West, a chord length of 117.50 feet to an
iron rod set;
Declare F ib-WAssity Silver Line Project 3 $/SIMM1801.33 AM
Exhibit 2
Field Notes Describing an 28,514 Square Foot (0.6546 Acres) 200086
Parcel CBI -016 to be Acquired From
Park West Creek, LLC
North 36°37'43" West, 101.91 feet to an iron rod set;
North 35044'44" West, 96.53 feet to an iron rod set on the northwest property line of the said
23.947 acre tract, same being the southeast lot line of said Lot 5 from which a 5/8 inch iron rod
with a yellow cap stamped "HALFF ASSOC INC" found at an angle point on the said property
line and the said lot line bears South 33°58'09" West, 197.57 feet;
THENCE North 33°58'09" East, along the said northwest property line of the 23.947 acre tract and along
the southeast lot line of said Lot 5, 37.25 feet to the POINT OF BEGINNING, containing 28,514 square
feet or 0.6546 acres of land.
NOTE: All bearings and coordinates as based on the Texas State Plane Coordinate System,
NAD -83 (2011), North Central Zone (4202). The horizontal datum derived from the 2019
NAD -83 Published (CORS) Stations ZFW I and TXCO. All distances shown are surface
values and may be converted to grid by dividing by the conversion factor for Dallas
County of 1.000136506.
4 , 3-20-20
Surveyors V WeT'Eric S. Spooner
Registered Professional Land Surveyor, Texas No. 5922
Spooner and Associates, Inc.
Texas Board of Professional Land Surveying No. 10054900
.eA�
f OF ;
/ q
o v
4 ERIC S. SPOONER
q 5922
'� y °Fess 1 40
SUR%J"
�vr
Declare f unit-OdAssity Silver Line Project 4 R/StUM1124,13 AM
20' UTILITY EASEMENT OVER HEAD (V SOUTHWESTERN BLVD, 4WWWOv
D.C.C.I. NO. POWER (VARIABLE WIDTH PUBLIC R.O.W.)
201500299534, (VOL. 90218, PG. 3264, D.R.D.C.T.)
D.R.D.C.T. BURIED RETAINING
ATER W LL FOUND 5/8" IRON ROD
W/ YELLOW HALFF
`.. ASSOC INC CAP (CM)
�� 2p 00, -`` R= 655.00'
"
N33 58 09 W D= 06'47'34"
14.29' CB= L=
77.65' o 25 50
N33 -58'09"E— CL= 77.61' Feet
37.25' / GUARD -1,41WS ,4
/ •`�•® W RAIL
�.\=000�,• ��' / POINT OF AB,S Np 1296'
h <vo� `q1'�p��• ��oQO q�•• / BEGINNING
oo• �v 581�60Q"E S33'44"E
"
`�9.89G' �o/;6'
A, o *90—N35-44' • CALLED: 23.947 ACRES
'47
v / / S33'58'09;'W 534 W im,, PARK WEST CREEK, LLC
c,• ?o' / 197.57 D.C.C.I. N0.
�or'�p0 �F 201400045576,
�S0, • D.R.D.C.T.
g o• / / CALLED: 23.947 ACRES F sz sr.
/ PACIFIC RESOURCES •
/ ASSOCIATES LLC TO
PARK WEST CREEK, LLC R= 1,033.73'
D
.C.C.I. NO. 201400045576, F� . D= 04'47'29"
o / FILED FEBRUARY 25, 2014 • • L= 86,40
D.R.D.C.T. *,CB= S40'45'51 "E
• CL= 86.37'
20' HIKE & BIKE TRAIL �� CB1-016 �$
D.C.C.I. NO. 201000046397,
FOUND D.R.D.C.T. •�' /
/ s 8" IRON ROD N36'37'43"W `
/ W1YELLOW HALFF 101.91
s OLEGE C CAP (CM) R= 1 133; 73' ♦ /
_^ RIGHT OF WAY TO BE ACQUIRED D=01 �6�6$
' O. P. R.D. C. T. OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS CB= N41'20 25"W
D. R. D. C. T. DEED RECORDS, DALLAS COUNTY, TEXAS �� CL= 117.50 ♦ /
(CM) CONTROLLING MONUMENT /
® 5/8 INCH DIAMETER IRON ROD WITH PINK PLASTIC CAP
STAMPED "SPOONER 5922" SET„
FOUND IRON ROD 533'5$ 13 W
P4 WATER VALVE O GUY ANCHOR `� ♦ 102.34'
WATER MANHOLETI UTILITY POLE 20' UTILITY, DRAINAGE AND► /
U L
MAINTENANCE EASEMENT /
NOTES: VOL. 90218, PG. 3264, /
/
1. All bearing and coordinates as based on the Texas State Plane D.R.D.C.T.
Coordinate System NAD 83 (2011 North Central Zone (420 ) Th LOT 1, BLOCK 1,
horizontal datum derived from the 2019 NAD 83 Published 2( ORS / PARK WEST COMMERCE CENTER
Stations ZFW1 and TXCO. / VOLUME 93226, PAGE 2864,
2. gid
distances shown ore surface values and moy be converted to D.R.D.C.T.
gd b3i6s iding by the conversion factor for Dollas County of
MLRP PARK WEST LAND, LLC
3. This survey was performed without the benefit of o title / / D.C.C.I. NO. 201400045575,
commitment. / p D.R.D.C.T.
�O /
4. Easements were not researched by the surveyor. � Sheet 3 0( 3
DART PROJECT SCALE 1"=50' COTTON BELT REGIONAL RAIL SYSTEM
DRANK ROsmenl
Jacobs
PARCEL CB1-016
1 �'• ''•/
SSO�'�ATESZPECKED ESpooner A 28,514 SQ. FOOT (0.6546 ACRE)
R PARCEL TO BE ACQUIRED FROM
� A
JOB BYERS STREET. sLtlTE E1AERp Jocobs
1eineasa"wsaoONERSLRVEYORSCOM DA 10-28-2019
PARK WEST LAND LLC
Teals FIRM No. imgm a
CONTRACT I DWC No.
Declare Public Necessit Silver ifttFro' t...s.1"a. 1997-2019 5 C-2033270-01 A9"9—A. 1%M
Exhibit 3
Field Notes Describing an 18,701 Square Foot (0.4293 Acres) 2Q0086
Parcel DEI -016 to be Acquired From
Park West Creek, LLC
BEING an 18,701 square feet or 0.4293 acre tract of land situated in the James A. Simmons Survey,
Abstract No. 1296, City of Coppell, Dallas County, Texas, said 18,701 square feet of land being a portion
of a called 23.947 acre tract of land that Pacific Resources Associates LLC conveyed to PARK WEST
CREEK LLC, by Special Warranty Deed, as recorded in Dallas County Clerk's Instrument Number
(D.C.C.I. NO.) 201400045576, Deed Records, Dallas County, Texas (D.R.D.C.T.), said 18,701 square
feet of land being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred
to as an iron rod set) at the northwest property corner of the said 23.947 acre tract, said commencing point
being on the southerly right-of-way line of Southwestern Boulevard (being a variable width public right-
of-way conveyed in part by deed filed for record in Volume 90218, Page 3264, D.R.D.C.T.), said
commencing point being on the southeast lot line of Lot 5, Block A, Park West Crossing, being an
Addition to the said City and State, according to the plat thereof filed for record in D.C.C.I. NO.
201600116983, D.R.D.C.T., said commencing point also being South 33°58'09" West, 14.29 feet from a
5/8 inch iron rod with a cap stamped " HALFF ASSOC INC" found (controlling monument) at the
northeast lot corner of said Lot 5, said commencing point further being North 33°58'09" East, 234.82 feet
from a 5/8 inch iron rod with a cap stamped " HALFF ASSOC INC" found (controlling monument) at a
northwest property corner of the said 23.947 acre tract, same being on the said southeast lot line of Lot 5,
said commencing point also being at the beginning of a curve to the left having a radius of 655.00 feet;
THENCE along the north property line of the said 23.947 acre tract, along the said southerly right-of-
way line of Southwestern Boulevard and along the said curve to the left, through a central angle of
6°47'34", an arc length of 77.65 feet, and across a chord which bears South 78°12'19" East, a chord
length of 77.61 feet to an iron rod set at the POINT OF BEGINNING;
THENCE South 81°36'00" East, continuing along the said north property line of the 23.947 acre tract
and along the said southerly right-of-way line of Southwestern Boulevard, 186.85 feet to an iron rod set at
the beginning of a curve to the left having a radius of 681.20 feet;
THENCE continuing along the said property line, along the said right-of-way line and along said curve
to the left, through a central angle of 04°10'54", an arc length of 49.72 feet, and across a chord which
bears South 83°46'24" East, a chord length of 49.70 feet to an iron rod set at the northeast property corner
of the said 23.947 acre tract, same being the northwest lot corner of Lot 1, Block 1, Park West Commerce
Center, being an Addition to the said City and State, according to the plat thereof filed for record in
Volume 93226, Page 2864, D.R.D.C.T.;
THENCE South 33158'13" West, along the southeast property line of the said 23.947 acre tract and
along the northwest lot line of said Lot 1, 172.72 feet to an iron rod set at the beginning of a non -tangent
curve to the right having a radius of 1,033.73 feet;
THENCE departing the said property line and the said lot line, over and across the said 23.947 acre tract
the following courses and distances:
Along the said curve to the right, through a central angle of 04°47'20", an arc length of 86.40
feet, and across a chord which bears North 40045151" West, a chord length of 86.37 feet to an
iron rod set;
North 36°36'30" West, 97.34 feet to an iron rod set;
Declare WpJ61(6ssity Silver Line Project 6 8/
2Jf?&*)f8#J3 AM
Field Notes Describing an 18,701 Square Foot (0.4293 Acres)
z66bb6
Parcel DEI -016 to be Acquired From
Park West Creek, LLC
North 35°44'44" West, 39.89 feet to the POINT OF BEGINNING, containing 18,701 square
feet or 0.4293 acres of land.
NOTE: All bearings and coordinates as based on the Texas State Plane Coordinate System,
NAD -83 (201.1), North Central Zone (4202). The horizontal datum derived from the 2019
NAD -83 Published (CORS) Stations ZFW I and TXCO. All distances shown are surface
values and may be converted to grid by dividing by the conversion factor for Dallas
County of 1.000136506. +A�
++ OF
�STfR�F+ 1
o � 1
3-20-20
< ERIC S. SPOONER
Surveyors ame: Eric S. Spooner /
Registered Professional Land Surveyor, Texas No. 5922 �5922
oF�aP
Spooner and Associates, [tic. ����� suRJS i
Texas Board of Professional Land Surveying No. 10054900 �kyo'A,
Declare WiF-bgRYssity Silver Line Project 7 8/2gp&W�j$.13 AM
c
I
a
D
0'
CURVE TABLE
CURVE #LENGTH
OFFICIAL PUBLIC RECORDS, DALLAS COUNTY,
RADIUS
DELTA
CHORD
LENGTH
CHORD
BEARING
C1
77.65'
655.00'
6'47'34"
77.61'
S78' 12' 19"E
2o'uTftfTY SOUTHWESTERN BLVD.
0.
(VA
20/Soo, j NoM�NT (VOL. 90218, 32641,1 D.R.D.C.T,)
RpcT34.
` `
R, p RETAINING
`0,�0,\� W, WALL BURIED
ATER
LOT 5, BLOCK A, � CSS.
PARK WEST CROSSING
D,C.C.I. No. 201 6001 1 6983, POINT OF
D.R.D.C.T. COMMENCING
PROPERTY /
---�/
20' UTILITY, DRAINAGE LINE
AND MAINTENANCE /
EASEMENT
VOL. 90218, PG. 3264,
D.R.D.C.T. oo /
FOWN//OYE00
LLOW HALFF
ASSOC INC CAP (CM)
i
i
1. All beoring and coordinates as based on the
Tex s St to Plane Coordinate System NAD
83 .120111 North Central Zone (4202 The
horizonto dot m derived from the 2 19 NAD
83 Published (CORS) Stations ZFW1 and
TXCO.
2. All distances shown ore surface values and
may be converted to grid by dividing by the
conversion factor for Dallas County of
1.000136506
3, This survey was performed without the
benefit of o title commitment.
4. Easements were not researched by the
surveyor.
FOUND 5/8 -IRON ROD
W YELLOW HALFF
ASSOC INC CAP (CM) R= 681.20'
D= 04'10'54"
L= 49.72'
CB= S83'46'24"E
GUARD RAIL CL= 49.70'
POINT OF L4 :---_ _
BEGINNING �iu�• DE1-016
0,4293 AC. �� v� ♦�// / Olk
18,701 SO. FT. /
TO BE ACQUIRED // / (,\�' rrO
D= 04 47'20" '' ♦ // / P���O 1
L= 86.40'
CB= N40'45'51 "W
CL= 86,37' /
/ // / 'V/
CALLED• 23 947 ACRES
PACIFIC RESOURCES
ASSOCIATES LLC / 20' WA ERLINE
TO / EASEMENT
PARK WEST CREEK, LLC �oo// VOL. pOR.D•C.T.267s,
D,C,C.I. NO. 201400045576, /q
FILED FEBRUARY 25, 2014
D.R.D.C.T. /
LEGEND
RIGHT OF WAY TO BE ACQUIRED
LINE TABLE
OFFICIAL PUBLIC RECORDS, DALLAS COUNTY,
LINE #
BEARING
DISTANCE
L1
S81 '36'00"E
186.85'
L2
S33'58'13"W
172.72-
L3
N36'36'30"W
97,34'
L4
N35'44'44"W
39.89'
L5
S33'58'09"W
14.29'
L6
N33'58'09"E
234.82'
1. All beoring and coordinates as based on the
Tex s St to Plane Coordinate System NAD
83 .120111 North Central Zone (4202 The
horizonto dot m derived from the 2 19 NAD
83 Published (CORS) Stations ZFW1 and
TXCO.
2. All distances shown ore surface values and
may be converted to grid by dividing by the
conversion factor for Dallas County of
1.000136506
3, This survey was performed without the
benefit of o title commitment.
4. Easements were not researched by the
surveyor.
FOUND 5/8 -IRON ROD
W YELLOW HALFF
ASSOC INC CAP (CM) R= 681.20'
D= 04'10'54"
L= 49.72'
CB= S83'46'24"E
GUARD RAIL CL= 49.70'
POINT OF L4 :---_ _
BEGINNING �iu�• DE1-016
0,4293 AC. �� v� ♦�// / Olk
18,701 SO. FT. /
TO BE ACQUIRED // / (,\�' rrO
D= 04 47'20" '' ♦ // / P���O 1
L= 86.40'
CB= N40'45'51 "W
CL= 86,37' /
/ // / 'V/
CALLED• 23 947 ACRES
PACIFIC RESOURCES
ASSOCIATES LLC / 20' WA ERLINE
TO / EASEMENT
PARK WEST CREEK, LLC �oo// VOL. pOR.D•C.T.267s,
D,C,C.I. NO. 201400045576, /q
FILED FEBRUARY 25, 2014
D.R.D.C.T. /
LEGEND
RIGHT OF WAY TO BE ACQUIRED
O.P.R.D.C.T.
OFFICIAL PUBLIC RECORDS, DALLAS COUNTY,
D.R.D.C.T.
MAP RECORDS, DALLAS COUNTY. TEXAS
(CM)
CONTROLLING MONUMENT
5/8 INCH DIAMETER IRON ROD
WITH PINK PLASTIC CAP
STAMPED "SPOONER 5922" SET
FOUND IRON ROD 0 GUY ANCHOR
D4 WATER VALVE O UTILITY POLE
OVERHEAD UTILITY Qw WATER MANHOLE
DRAINAGE N
/ AND MAINTENANCE
/ EASEMENT
�PRO
VOL. 90218, PG. 3264,
/ D.R.D.C.T.
TEXAS E
LINE
LOT 1, BLOCK 1,
PARK WEST COMMERCE CENTER
VOLUME 93226, PAGE 2864,
D.R.D.C.T.
D,C.C.I. NO. DALLAS COUNTY CLERK'S INSTRUMENT NUMBER
0 50 100
Feet
Sheet 2 of 2
DART PROJECT score 1"e50' COTTON BELT REGIONAL RAIL SYSTEM
°RAMAi ROsment
,1JWNER�' Jacobs PARCEL DEl-016
TES EJacob A 18,701 SQ. FOOT (0.4293 ACRE)
IN PARCEL TO BE ACQUIRED FROM
Jacobs
? >oe BVEAs 6TgEET,6UTE lora ElAEss. TEXAS 760M p „ PARK WEST LAND LLC
(811) sa"s wwwsPoor*nsur1EroRSCW 10-28-2019
T tMS FMA ND. 10061900
1 a CONTRACT DWG No8LA0 tS A.F41 kM
Declare Public NecessitySilver im�pRro' 1. ,«H�d. 1997 -tore $ � C-203327 01 1lJ 9
Field Notes Describing an 87,522 Square Foot (2.0092 Acres) Exhibit 4
Parcel CBI -017 to be Acquired From 200086
MLRP Park West Land, LLC
BEING an 87,522 square feet or 2.0092 acre tract of land situated in the James A. Simmons Survey,
Abstract No. 1296, City of Coppell, Dallas County, Texas, said 87,522 square feet of land being a portion
of LOT 1, BLOCK 1, PARK WEST COMMERCE CENTER, being an Addition to the said City and
State, according to the plat thereof recorded in Volume 93226, Page 2864, Deed Records, Dallas County,
Texas (D.R.D.C.T.), said 87,522 square feet of land being a portion of that certain tract of land that
Pacific Resources Associates LLC conveyed to MLRP PARK WEST LAND LLC, by special warranty
deed, as recorded in Dallas County Clerk's Instrument Number 201400045575, D.R.D.C.T., said 87,522
square feet of land being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the southeast lot corner of said Lot 1, same being the
southwest lot corner of Lot 2 of said Block 1, said beginning point also being on the north lot line of Lot
211-1, Block 2, Park West Commerce Center, being an Addition to the said City and State, according to
the plat thereof filed for record in Volume 2000242, Page 1144, D.R.D.C.T., said beginning point being
South 88°58'36" West, 1,355.85 feet from a 1/2 inch iron rod with a cap stamped "A H HALFF" found
(controlling monument) at the southeast lot corner of Lot 3 of said Block 1;
THENCE South 88°58'36" West, along the common lot line of said Lot 1 and said Lot 2R -I, 207.81 feet
to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred to as iron rod set) at
the beginning of a curve to the right having a radius of 1,133.73 feet;
THENCE departing the said common lot line, over and across said Lot I, along said curve to the right,
through a central angle of 36°28'49", an arc length of 721.85 feet, and across a chord which bears North
62°33'03" West, a chord length of 709.72 feet to an iron rod set on the northwest lot line of said Lot I,
same being the southeast property line of a called 23.947 acre tract conveyed to Park West Creek, LLC,
by deed thereof filed for record in Dallas County Clerk's Instrument Number 201400045576, D.R.D.C.T.;
THENCE North 33'58'13" East, along the said lot line and along the said property line, 102.34 feet to an
iron rod set at the beginning of a non -tangent curve to the left having a radius of 1,033.73 feet;
THENCE departing the said lot line and the said property line, over and across said Lot 1, along said
curve to the left, through a central angle of 65145'l 2", an arc length of 815.31 feet, and across a chord
which bears South 65°45' 12" East, a chord length of 794.34 feet to an iron rod set;
THENCE North 89°53'26" East, continuing over and across said Lot 1, 54.86 feet to the common lot line
of said Lot I and said Lot 2;
THENCE South 00°53'03" East, along the said common lot lines, 82.22 feet to the POINT OF
BEGINNING, containing 87,522 square feet or 2.0092 acres of land.
NOTE: All bearings and coordinates as based on the Texas State Plane Coordinate System,
NAD -83 (2011), North Central Zone (4202). The horizontal datum derived from the 2019
NAD -83 Published (CORS) Stations ZFW 1 and TXCO. All distances shown are surface
values and may be converted to grid by dividing by the conversion factor for Dallas
County of 1.000136506.
wo 3-20-20
Surveyors m : Eric S. Spooner
Registered Professional Land Surveyor, Texas No. 5922
Spooner and Associates, Inc.
Texas Board of Professional Land Surveying No. 10054900
CBI -017
Declare Public Necessity Silver Line Project
9
r E OF T y
s rFR� F+
a T
< ERIC S. SPOONER
'POP 5922 P
°� t0�/
1,V'
+vim
Sheet I of 2
8/25/2020 8:24:43 AM
z
S00053'03"E
82'22
I
1AWYpt)
I• f
S88'58'36"W
0 50 100 _ _
LOT 2,
I'CENTER
_ _ ._ .�■� ■ ■
r
1,355.85'(CM)
Feet PARK WEST COMMERCE
VOLUME 93226, PAGE 2864,
N89-53'26"ET
54.86 '
CO
' ■
D.R.D.C.T.
0
\OINT
MLRP PARK WEST LAND, LLC
noO.C.C.I.
i
N0. 201400045575,
OF
I O.P.R.D.C.T.
3'
I I
BEGINNING
I I
I LEGEND ;° I I FOUND
RIGHT OF WAY TO BE ACQUIRED i i 1/2��to �C14j ROD
.■.�■.
O.P.R.D.C.T. OFFICIAL PUBLIC RECORDS, to
I I DALLAS COUNTY, TEXAS ♦ 00 i
D.R.D.C.T. DEED RECORDS, DALLAS COUNTY, TEXAS r I I
I (CM) CONTROLLING MONUMENT
I I ' It z
I
I 5/8 INCH DIAMETER IRON ROD_ M ♦ I I NUS .4
WITH PINK PLASTIC CAP
STAMPED "SPOONER 5922" SET M 0)♦ i ( 00<� <Wci
FOUND IRON ROD N N♦ ♦ I I m Ld cj
IOI ff G I I I I I
ON <Olt
(01 : ♦ I II cc 06 oN�
20' UTILITY AND h "'� �r♦ I I I N ;N zooms
NI RAINAGE EASEMENT fid` . ^ / C81 -017 I I I �`'vNi`�
I VOL. 90218, PG. 3264, M"♦ I I 03:W 2 � a
I I D.R.D.C.T. �C) i I I �- = O
♦ ♦ n II
C; I LOT 1, BLOCK 1, �, c ,k 44 • `� 0)
J
I i PARK WEST COMMERCE CENTER V ryy0v, ♦ N 10.00
M VOLUME 93226, PAGE 2864, • V �N I
z 3 I I D.R.D.C.T. Oryryer :♦n �vv, I I.
fr I I PACIFIC RESOURCES ASSOCIATES LLC , ti h �` z
�
I TO MLRP PARK WEST LAND LLC , �'� �,,�•�,'� I I MO
V) . I D.C.C.I. NO. 201400045575, • „� • ^ ")( I I fn .
3 FILED FEBRUARY 25, 2014 r0o zto Wc��
D.R.D.C.T. �� M"� ii I I I WN Wa(3
0
• . : . o I I W c� r, a
,, �ry
N ' Q. I I aa� zcvC3
I I 20' WATERLINE EASEMENT ��1-,C3
20'
i I VOL. 706, PG. 2676, # ♦ 0 I I I N
D.R. C.T. / i V I I I -i,No o0
20.00' ti1E5 A. y I. j
' \ 20.00' : �;�oti / SIMMONsp 1296 i o I I N
\\ �ABS N N I I
_/ ,NOTES:
20' UTILITY, DRAINAGE � \'* �
AND MAINTENANCE EASEMENT \��� �' 1. All bearing and coordinates as based on the Texas
VOL. 90218, PG. 3264,\ State Plane Cordinate System NAD 83 (2011) North
\ Central Zone 4202). The horizont I dot m derived
D.R.D.C.T. from the 201 NAD 83 Published �CORS�' Stations
\ V ZFW1 and TXCO.
CALLED: 23.947 ARES •� \ ♦ 2• All distances shown ore surface values and may be
PARK WEST CREEK, LLC converted to grid by dividing by the conversion factor
D.C.C.I. NO. 201400045576, \ for Dallas County o1 1,000136506
D.R.D.C.T. 3. This survey was performed without the benefit of a
Sheet 2 of 2 \ title commitment.
\ 4. Easements were not researched by the surveyor.
DART PROJECT
I;
JWNER
009 BIERS STREET. SUIE 100, EUIESS. TEXAS 7( r6 AJ9
ISI7)6gS8{IS WWWSPOLINER9AW"ORSOOM 0,ADi7r
TRPLS FAM NO. 10054700
=iuu- COTTON BELT REGIONAL RAIL SYSTEM
' ROsment PARCEL C81-017
ED Jacobs A 87,522 SQ. FOOT (2.0092 ACRES)
aGE Earnobss PARCEL TO BE ACQUIRED FROM
Jac
10-28-2019 MLRP PARK WEST LAND, LLC
C—
Field Notes Describing an 133,118 Square Foot (3.0560 Acres) 20008CV
to be Acquired From V
MLRP Park West Land, LLC
BEING a tract of land located in the James A. Simmons Survey, Abstract No. 1296, City of Coppell,
Dallas County, Texas, said tract of land being all of LOT 1, BLOCK 1, PARK WEST COMMERCE
CENTER, being an Addition to the said City and State, according to the plat thereof filed for record in
Volume 93226, Page 2864, Deed Records, Dallas County, Texas (D.R.D.C.T.), save and except a 370,918
Sq. Ft. (8.5151 acres) tract of land being more particularly described below by metes and bounds as
follows:
SAVE AND EXCEPT TRACT
BEGINNING at a 1/2 inch iron rod found at the southeast lot corner of said Lot 1, same being the
southwest lot corner of Lot 2 of said Block 1, said beginning point also being on the north lot line of Lot
2R-1, Block 2, Park West Commerce Center, being an Addition to the said City and State, according to
the plat thereof filed for record in Volume 2000242, Page 1144, D.R.D.C.T., said beginning point being
South 88°58'36" West, 1,355.85 feet from a 1/2 inch iron rod with a cap stamped "A H HALFF" found
(controlling monument) at the southeast lot corner of Lot 3 of said Block 1;
THENCE South 88°58'36" West, along the common lot line of said Lot 1 and said Lot 2R-1, 207.81 feet
to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" found (hereinafter referred to as iron rod
found) at the beginning of a curve to the right having a radius of 1,133.73 feet;
THENCE departing the said common lot line, over and across said Lot 1, along said curve to the right,
through a central angle of 36°28'49", an arc length of 721.85 feet, and across a chord which bears North
62°33'03" West, a chord length of 709.72 feet to an iron rod found on the northwest lot line of said Lot 1,
same being the southeast property line of a called 23.947 acre tract conveyed to Park West Creek, LLC,
by deed thereof filed for record in Dallas County Clerk's Instrument Number 201400045576, D.R.D.C.T.;
THENCE North 33°58' 13" East, along the said lot line and along the said property line, 275.07 feet to
the northwest lot comer of said Lot 1, same being on the south right-of-way line of Southwestern
Boulevard (being a called 90 feet wide public right-of-way), said lot corner also being at the beginning of
a non -tangent curve to the left having a radius 655.00 feet;
THENCE along the north lot line of said Lot 1, along the said south right-of-way line, and with said
curve to the left, through a central angle of 04°49'50", an arc length of 55.22 feet, and across a chord
which bears South 88°29'09" East, a chord length of 55.21 feet;
THENCE North 89°05'56" East, continuing along the said lot line and the said right-of-way line, a
distance of 620.00 feet to the northeast lot corner of said Lot 1, same being the northwest lot corner of the
aforementioned Lot 2;
THENCE South 00°54'04" East, along the common lot line of said Lots 1 and 2, a distance of 559.92
feet to the POINT OF BEGINNING.
The hereinabove described save and except tract of land contains a computed area of 8.5149 acres
(370,908 square feet) leaving a net area of 3.0563 acres (133,133 square feet) of land, more or less.
CB 1-017A
Declare Public Necessity Silver Line Project
Sheet 1 of 4
8/25/2020 8:24:43 AM
Field Notes Describing an 133,118 Square Foot (3.0560 Acres)
to be Acquired From
MLRP Park West Land, LLC
NOTE: All bearings and coordinates as based on the Texas State Plane Coordinate System, NAD -83
(2011), North Central Zone (4202). The horizontal datum derived from the 2019 NAD -83
Published (CORS) Stations ZFW l and TXCO. All distances shown are surface values and may be
converted to grid by dividing by the conversion factor for Dallas County of 1.000136506.
+A �
r� E
OF T �Y
Aw 8-4-20 / P��° 1 * ��° amu, \
Surveyors e: ric S. Spooncr / \
Registered Professional Land Surveyor, Texas No. 5922 < ERIC S. SPOONER >
Spooner and Associates, Inc. 5922 P
Texas Board of Professional Land Surveying No. 10054900 ��y °`ESS �°1"09/
SURq"-�- A
ori
CB 1-017A Sheet 2 of 4
Declare Public Necessity Silver Line Project 12 8/25/2020 8:24:43 AM
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Field Notes Describing a 66,124 Square Foot (1.5180 Acres) 266686
Parcel C131-018 to be Acquired From
MLRP Park West Land, LLC
BEING a 66,124 square feet or 1.5180 acre tract of land situated in the James A. Simmons Survey,
Abstract No. 1296, City of Coppell, Dallas County, Texas, said 66,124 square feet of land being a portion
of LOT 2, BLOCK 1, PARK WEST COMMERCE CENTER, being an Addition to the said City and
State, according to the plat thereof recorded in Volume 93226, Page 2864, Deed Records, Dallas County,
Texas (D.R.D.C.T.), said 66,124 square feet of land being a portion of that certain tract of land that
Pacific Resources Associates LLC conveyed to MLRP PARK WEST LAND LLC, by special warranty
deed, as recorded in Dallas County Clerk's Instrument Number 201400045575, D.R.D.C.T., said 66,124
square feet of land being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the southwest lot corner of said Lot 2, same being the
southeast lot corner of Lot I of said Block 1, said beginning point also being on the north lot line of Lot
2R-1, Block 2, Park West Commerce Center, being an Addition to the said City and State, according to
the plat thereof filed for record in Volume 2000242, Page 1144, D.R.D.C.T.;
THENCE North 00°53'03" West, along the common lot line of said Lot 2 and said Lot I, 82.22 feet to a
5/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred to as an iron rod set);
THENCE North 89°53'26" East, departing the said lot line and over and across said Lot 2, 42.47 feet to
an iron rod set;
THENCE North 89°01'40" East, continuing over and across said Lot 2, 541.49 feet to an iron rod set;
THENCE North 84039'25" East, continuing over and across said Lot 2, 209.94 feet to an iron rod set on
the east lot line of said Lot 2, same being the west lot line of Lot 3 of said Block 1;
THENCE South 00°54'04" East, along the said lot lines, 96.87 feet to an iron rod set at the southeast lot
corner of said Lot 2, same being the southwest lot corner of said Lot 3, said point also being on the said
north lot line of Lot 2R-1 froin which a 1/2 inch iron rod with a yellow cap stamped "A.H. HALFF"
found at the southeast lot corner of said Lot 3 bears North 88°58'36" East, 562.56 feet;
THENCE South 88°58'36" West, along the common lot line of said Lot 2 and said Lot 211-1, 793.28 feet
to the POINT OF BEGINNING, containing 66,124 square feet or 1.5180 acres of land.
NOTE: All bearings and coordinates as based on the Texas State Plane Coordinate System,
NAD -83 (2011), North Central Zone (4202). The horizontal datum derived froin the 2019
NAD -83 Published (CORS) Stations ZFW 1 and TXCO. All distances shown are surface
values and may be converted to grid by dividing by the conversion factor for Dallas
County of 1.000136506.
3-20-20
Surveyor ame: Eric S. Spooner
Registered Professional Land Surveyor, Texas No. 5922
Spooner and Associates, Inc.
Texas Board of Professional Land Surveying No. 10054900
CBI -018
Declare Public Necessity Silver Line Project
15
.WA�
t! E
OF T
/ + 1
< ERIC S. SPOONER
5922 P
9ti Fess,°� 10R-�
SUR ��
+vr
Sheet 1 of 2
8/25/2020 8:24:43 AM
Nares: 1/2" CIRF YELLOW I I
1. All bearing and coordinates as based on the Texas A H HALFF 1 I I z
Stote I one C 0rdinote System NAD 83 (2011) North N88 58 36 E 1 I I
CentroZone 4202). The horizont I dot m derived 562.56' (CM)
from the 201 NAD 83 Published ?CORS'l Stations �� i I 0 50 100
ZFW1 and TXCO.
2. All distances shown ore surface values and may be �r■■�. I i Feet
converted to grid by dividing by the conversion r
factor for Dolfas County of 1.000136506 ■ Soo '54'04"E
3. This surve wos ■ 96.87' I i 0:
title commltmentperformed without the benefit of o r r I WV M
_
I I z _ z ai
4. Easements were not researched by the surveyor. I New 0004
r r I I UV Q a&
LOT 3, BLOCK 1, I I _jWa� Wxoa�
20 r I ' PARK WEST COMMERCE CENTER m2
. N
VOLUME 93226, PAGE 2864, 2 #6V Z�'a-t9i
i QD.R.D.C.T. UOW MNWci
MLRP PARK WEST LAND, LLC N84 -39'25"E' i I I H
1-00
C4 z 0
W C14
D.C.C.I. NO. 201400045575, 209.94 ■ I i I 03:W W a
O.P.R.D.C.T. ■ ■ I J W o
I 20' UTILITY AND ■ I I go
I I DRAINAGE EASEMENT DAME$ A• �y If ■ I i a'
I VOL. 90218, PG. 3264, V
D.R.D.C.T. 51,yy�NNpp 1296 10.00 r I I I—
ABS : I I W
>I I I I Lo
� i l r I w u7
m�
NI a6
I LOT 2, BLOCK 1, ,�, I-;
z 3 I I PARK WEST COMMERCE CENTER I �' n i w a'o
'� ,� 0 VOLUME 93226, PAGE 2864, r Cif`
w i i D.R.D.C.T. CBI -018 ■ adv t l zr1�
PACIFIC RESOURCES ASSOCIATES LLC Q,I C) to v ■ I a
u TO MLRP PARK WEST LAND LLC a■ ao a 13 I Q1
D.C.C.I. NO. 201400045575, C14 w r iv
o I FILED FEBRUARY 25, 2014 N' o 00
jq In I I O.P.R.D.C.T.
'I �
0000 I
I to
I ������ RIGHT OF WAY TO BE ACQUIRED I I I I LLJ00
to i I O. P. R. D. C. T. OFFICIAL PUBLIC RECORDS, p. ■ I I W C%40 I DALLAS COUNTY, TEXAS r I I N6F-
I I D.R.D,C.T. DEED RECORDS, DALLAS COUNTY, TEXAS 00 w
20.00' r I I CLA
I (CM) CONTROLLING MONUMENT■ r to
-• I I D04
04O
I I ® 5/8 INCH DIAMETER IRON ROD I I 1 M
m WITH PINK PLASTIC CAP ■ I I I �CY)
STAMPED "SPOONER 5922" SET r
A i FOUND IRON ROD I r i i C'4 0
o Io ' ■
< ■ I
s LOT 1, BLOCK 1, i ■ I I
L4
PARK WEST COMMERCE CENTER' w I IPOINT OF
z I i VOLUME 9D.R?D.0 .TN89,53'
2864, BEGINNING
26 N89'53'"E ■ I I FOUND 1/2" IRON
42.47' ■ I i ROD (CM)
a I MLRP PARK WEST LAND, L.L.C. ■ I
D I i D.C.C.I. NOOP..R201D.C400045575,
N00'53'03"W
II
82.22 i 1 Sheet 2 of 2
00 DART PROJECT
�' Declare Public Necessity Silver LiabAprojeo61s reserved 1987.2019 1115"Em IC -20330 -oil 270w0 No023ftkl$-A§1AM
SCALE t"=100'
COTTON BELT REGIONAL RAIL SYSTEM
AWN
Ro
Dt
1 NER; `,;
PARCEL CB1-018
GN
Ja bs-
��
AWMIAUS
A 66,124 SQ. FOOT (1.5180 ACRES)
CHECKED Espooner
o 1
PARCEL TO BE ACQUIRED FROM
IN CHARGE Jacobs
O
36
309 BYERS STREET, SUIS 100. EULESS, TEXAS 190.79
1911I6"W WWIYSP0CfkfMMEY0RSC0A
PARK WEST LAND, LLC
DATE 10-28-20191MLRP
IBRSfIUI No IOL16 o
�' Declare Public Necessity Silver LiabAprojeo61s reserved 1987.2019 1115"Em IC -20330 -oil 270w0 No023ftkl$-A§1AM
Field Notes Describing a 54,374 Square Foot (1.2483 Acres)
Parcel CBI -019 to be Acquired From
MLRP Park West Land, LLC
MITI"1:.
BEING a 54,374 square feet or 1.2483 acre tract of land situated in the James A. Simmons Survey,
Abstract No. 1296, City of Coppell, Dallas County, Texas, said 54,374 square feet of land being a portion
of LOT 3, BLOCK 1, PARK WEST COMMERCE CENTER, being an Addition to the said City and
State, according to the plat thereof recorded in Volume 93226, Page 2864, Deed Records, Dallas County,
Texas (D.R.D.C.T.), said 54,374 square feet of land being a portion of that certain tract of land that
Pacific Resources Associates LLC conveyed to MLRP PARK WEST LAND LLC, by special warranty
deed, as recorded in Dallas County Clerk's Instrument Number 201400045575, D.R.D.C.T., said 54,374
square feet of land being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod with a yellow cap stamped "A.FI. FIALFF" found at the southeast lot
corner of said Lot 3, same being the northeast lot corner of Lot 2R-2, Block 2, Park West Commerce
Center, being an Addition to the said City and State, according to the plat thereof filed for record in
Volume 2000242, Page 1144, D.R.D.C.T., said beginning point also being on the west right-of-way line
of S. Belt Line Road (being a variable width public right-of-way, conveyed in part by deed thereof filed in
Volume 4499, Page 159 D.R.D.C.T.);
THENCE South 88°58'36" West, along the common lot line of said Lot 3 and said Lot 2R-2, 562.54 feet
to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter referred to as an iron rod set)
at the southwest lot corner of said Lot 3, same being the southeast lot corner of Lot 2, of said Block I
from which a 1/2 inch iron rod found at the southwest lot corner of said Lot 2 bears South 88°58'36"
East, 793.28 feet;
THENCE North 00°54'04" West, along the common lot line of said Lot 3 and said Lot 2, 96.87 feet to an
iron rod set;
THENCE North 89°01'40" East, departing the said lot line and over and across said Lot 3, 562.94 feet to
an iron rod set on the east lot line of said Lot 3, same being the said west right-of-way line from which a
"V" cut found at a northeast lot corner of said Lot 3 bears North 00°39'53" West, 268.48 feet;
THENCE South 00°39'53" East, along said east lot line and along said west right-of-way line, 96.37 feet
to the POINT OF BEGINNING, containing 54,374 square feet or 1.2483 acres of land.
NOTE: All bearings and coordinates as based on the Texas State Plane Coordinate System,
NAD -83 (2011), North Central Zone (4202). The horizontal datum derived from the 2019
NAD -83 Published (CORS) Stations ZFW I and TXCO. All distances shown are surface
values and may be converted to grid by dividing by the conversion factor for Dallas
County of 1.000136506.
3-20-20
Surveyors me: Eric S. Spooner
Registered Professional Land Surveyor, Texas No. 5922
Spooner and Associates, Inc.
Texas Board of Professional Land Surveying No. 10054900
Declare Public Necessity Silver Line Project
17
.eA_
.e E OF T i
/ y Pe�G 1 S TER +
M �
O N
< ERIC S. SPOONER )
o 5922
fSS1�0
+� SUR%A'i-
Sheet 1 of 2
8/25/2020 8:24:43 AM
LEGEND 200086
MOn/S EASEMENT TO BE ACQUIRED
,10F5 A
BS /V019 I O,P.R.D.C.T. OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS
Ap 129 D.R.D.C.T. DEED RECORDS, DALLAS COUNTY, TEXAS
(CM) CONTROLLING MONUMENT
® 5/8 INCH IRON WITH CAP STAMPED "SPOONER 5922" SET
\ 0 FOUND IRON ROD
SOjjrHwfS fR
I
`\��}�\r•�\ (90' R.Q,� St VD. 20' UTILITY AND DRAINAGE EASEMENT
VOLU E 90218, PAGE 3264,
I \ D. R. D. C. T.
„V" CUT
FOUND
LOT 2, BLOCK 1, ~ ~ 20.00'_
PARK WEST COMMERCE CENTER 1 — — ,
VOLUME 93226, PAGE 2864,
D.R.D.C.T.
I MLRP PARK WEST LAND, LLC
N D.C.C.I. NO. 201400045575, 20' STORM SEWER EASEMENT I I I I z
I O.P.R,D.C.T. VOLUME 971 5, PAGE 4345, i I 11 0
ID. D.
LOT 3, BLOCK 1, 1D
I PARK WEST COMMERCE CENTER I of
VOLUME 93226, PAGE 2864,TNI
I
D.R.D.C.T.
I PACIFIC RESOURCES ASSOCIATES LLC I 112
TO MLRP PARK WEST LAND LLC
0 50 too I D.C.C.I. NO. 201400045575,
I FILED FEBRUARY 25, 2014 I 0DO
0
0
Feet I D.R.D.C.T.
P.
...1�...�....�N89'01 40.'WOMEN N �:94'r��rr.�.rr Ir I■ I 3
1 0
S88'58'36"E ' 1.2483 AC. I i I a o a
793.28' .•r--N00'54'04"W CB1-019 54,374 SQ. FT. S00'39'S3"E p J
TO BE ACQUIRED 96.37 I I ' m
w/2.._._IRf.__�CM) 96.87' �
II za
mom�omm�umm MONINUNNOWE MWENOWE NOWNEINE NOMENIMEN ON ONMELIN
20.00' _S88'58'36"W - 562.54'__
-_---_-- —_—.__.___---_—_---_ —_—__—_--__—_—_--_---- —I-- l- 1
---------- �—
10.00' — 10' DRAINAGE EASEMENT — — 20' UTILITY EASEMENT POINT G NNING I I 0o w
VOLUME 97217, PAGE 5061 GLUME 93226, PAGE 2864,
D. T. FOUND I i i m
NOTES: D,R.D,C,T. 1/2" IRON R00 I 1
I. All bearing and coordinates as hosed on the W/ YELLOW A.H. I Q
Texas St le Plane Coordinate stem NAD
83 (2011 North Central Zone S(y4202))'' The
horizonto dot m derived from the 2019 NAD
83 Published rCORS) Stotions ZFW1 and
TXCO.
2. All distances shown are surface values and
may be converted to grid by dividing by the
conversion factor for Dallas County of
1,000136506
3. This survey wos performed without the
benefit of a title commitment.
4. Easements were not researched by the
surveyor,
P
SPOONER.'
01
6A;M—w
SSOCIAIES
c i 311tf
O JOB eYERS STREET, sun 100. Etuss, TEXAS MM
ip 1617)66681x6 WIWISPC0NEF4k#KYORS.COM
:T a TSKS FFM No, 10061900
PARKLOT WESTRCOMMERCE CBLOCK ENTER HALFF (CM)AP I II Q
VOLUME 2000242, PAGE 1144, I l
D.R.D.C.T. I
NM MAJESTIC HOLDINGS, LLC I I 10.00'
INST. NO. 200503634878,
D.R.D.C.T. I 1
DART PROJECT uµe 1"=100'
°RAS ROsment
OESCNED Jacobs
ESpooner
IH Jacobs
D a"I 10-28-2019
Q!
10' CFN TELE CO. EASEMENT
VOLUME 70176 PAGE 269, I I I
D. R. D.t.T. ISheet 2 of 2
COTTON BELT REGIONAL RAIL SYSTEM
PARCEL CB1-019
A 54,374 SQ, FOOT (1.2483 ACRES)
PARCEL TO BE ACQUIRED FROM
MLRP PARK WEST LAND, LLC
CONTRACT DWG NogL�pTL --.g41gkM
C-2033270-01 1 J '=f.7�`11v1
Exhibit "A"
CB1-021
Exhlbit 8
200086
BEING a tract of land situated in the McKinney and Williams Survey, Abstract No. 1054, City of Coppell,
Dallas County, Texas, said tract of land being all of LOT 8 of the COPPELL HEIGHTS ADDITION, being an
Addition of the said City and State, according to the plat thereof recorded in Volume 32, Page 229, Map
Records, Dallas County, Texas, being the same land described as Tract 3, conveyed to Coppell Lake
Breeze, LLC, by General Warranty Deed with Vendor's Lien, as recorded in Dallas County Clerk's
Instrument Number 201300304437, filed September 25, 2013, Official Public Records of Dallas County,
Texas.
Declare Public Necessity Silver Line Project 19 8/25/2020 8:24:43 AM
Exhibit "A"
CBI -025
Exhlbit 9
200086
BEING a tract of land situated in the McKinney and Williams Survey, Abstract No. 1054, City of Coppell,
Dallas County, Texas, said tract of land being all of LOT 10 of the COPPELL HEIGHTS ADDITION, being an
Addition of the said City and State, according to the plat thereof recorded in Volume 32, Page 229, Map
Records, Dallas County, Texas, being the part of the same land described as Tract 1, conveyed to Coppell
Lake Breeze, LLC, by General Warranty Deed with Vendor's Lien, as recorded in Dallas County Clerk's
Instrument Number 201300304437, filed September 25, 2013, Official Public Records of Dallas County,
Texas.
Declare Public Necessity Silver Line Project 20 8/25/2020 8:24:43 AM
Dallas ra Rapid 4
Box
DART Dallas, TX • •
214-749-3278
November 20, 2020
Mr. Mike Land
City Manager
City of Coppell
255 E. Parkway Blvd.
Coppell, Texas 75019
Ms. Traci Leach
Deputy City Manager
City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
RE: City of Coppell Eminent Domain Authorization for Silver Line Parcels CB 1-008 and
CB1-012 located in the City of Coppell in the vicinity of Sanders Loop
Dear Mr. Land and Ms. Leach:
On September 22, 2020, the Dallas Area Rapid Transit (DART) Board approved Resolution No.
200100 declaring a public necessity, established just compensation, and authorizing the acquisition
of property within the City of Coppell for the Silver Line Regional Rail Project through eminent
domain proceedings, if necessary:
As noted in Section 1 for Parcel CB 1-008 and Section 2 for Parcel CB 1 -0 12 of the DART's Board
Resolution, DART will not exercise its power of eminent domain for the acquisition of these
parcels without the approval of the Coppell City Council.
The City of Coppell is hereby requested to grant DART the authority to acquire by eminent
domain, if necessary, the above -referenced parcels which are required for this public project. To
stay on construction schedule and not delay the Silver Line project, DART requests the approval
of its Board resolution be placed on the next available City Council agenda for consideration.
The following enclosures are provided to facilitate your review and approval of DART's request:
1. DART's Board Resolution No. 200100 with Legal Descriptions
2. Aerial Maps showing the Parcel location
Mr. Mike Land
Ms. Traci Leach
November 20, 2020
Page 2
DART appreciates the City's support to use eminent domain, if necessary, to acquire these
properties.
Please confirm with Ora Pettiford of DART's Real Estate staff via email at ,pettifond ),d nt.on
which agenda date DART's Board Resolution will be considered by the City Council. DART
Staff will be present and ready to answer any questions the Council members may have.
If you have any questions, please feel free to contact me at (214) 749-2544 or by email at
Sincerely,
/s/ Gary C. Thomas
Reviewed and approved, but not signed due to
COVID-19 Coronavirus Pandemic
Gary C. Thomas
President/Executive Director
Enclosure
c: DART Board
Timothy H. McKay, DART, Executive Vice President, Growth/Regional Development
Edie Diaz, DART, Vice President, Government and Community Relations
RESOLUTION
of the
2001001
DALLAS AREA RAPID TRANSIT BOARD
(Executive Committee) RESOLUTION
Declare Public Necessity, Establish Just Compensation, and Authorize the Acquisition of
Parcels CB1-008 and CBI -012 in the City of Coppell, Texas, and Parcels CB1-026 and
CBI -027 in the City of Dallas, Texas, for the Silver, Line Regional Rail Project, and Authorize
Eminent Domain Proceedings if Necessary
WHEREAS, Dallas Area Rapid Transit (DART) was created to provide a regional public
transportation system, and the acquisition of real property and the planning, design, engineering,
and construction of improvements thereon are functions fundamental to the provision of a public
transportation system; and
WHEREAS, the Parcels described in Exhibits 1-4 are required for the construction of the Silver
Line Regional Rail project; and
WHEREAS, after careful review of these parcels and the recommendation of the
President/Executive Director, the Board desires to declare the acquisition of these parcels a public
necessity, to approve the offer of just compensation for this parcel, and to authorize the
President/Executive Director or his designee to proceed with the negotiation and purchase of these
parcels, and if necessary, the acquisition of these parcels through eminent domain; and
WHEREAS, funding for this real estate acquisition is within current Budget and FY 2020
Twenty -Year Financial Plan allocations,
NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit (DART') Board of
Directors that:
Section 1: There is a public necessity for the acquisition of Parcel CBI -008 described in
Exhibit 1. This property is necessary and proper for construction of the Silver
Line Regional Rail Project and for any other use authorized by Chapter 452 of'
the Texas Transportation Code, and such use is hereby declared to be a public
use for a public purpose, The amount to be paid represents just compensation
for this parcel required for the Silver Line Regional Rail Project as determined
by a Texas State Certified Appraiser and reviewed by Texas State Certified
Appraiser, In the event the property owner accepts the payment of just
compensation, the President/Executive Director or his designee is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation expenses, title policy expenses, closing costs, and other such costs as
may be required by law to close the purchase of the property, Should the
property owner decline the payment of just compensation, then the
President/Executive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DART's Real Estate
Policy. If the President/Executive Director or his designee is unable to negotiate
the purchase of this parcel for just compensation, the General Counsel is hereby
authorized and directed to initiateand prosecute the completion of eminent
domain proceedings for the acquisition of this parcel for the Silver Line
Regional Rail Project, DART shall not exercise its power of eminent domain for
Declare Public Necessity & Authorize Acquisition of Parcels 1 9/22/2020 933:53 AM
the acquisition of the parcel described in Exhibit I without approval of such
acquisition by the City Council of the City o f Coppel I for CB 1-00 . DART' s,
exercise of the power of eminent domain in acquiring the herein described
parcel will not unduly impair the then existing neighborhood character' of
property surrounding or adjacent to the property to be condemned, nor unduly
interfere with interstate commerce, nor authorize DART to run its vehicles on
railroad tracks which are used to transport property,
Section 2: There is a public necessity for the acquisition of'Pareel CBI -012 described in.
Exhibit 2. This property is necessary and proper for construction of the Silver
Line Regional Rail Project and for any other use authorized by Chapter 452 of
the Texas Transportation Code, and such use is hereby declared to be a public
use for a public purpose. The amount to be paid represents just compensation
for this parcel required for the Silver Line Regional Rail Project as determined
by a Texas State Certified Appraiser and reviewed by Texas State: Certified
Appraiser. In the event the property owner accepts the payment of just
compensation, the President/Executive Director or his designee is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation expenses, title policy expenses, closing costs, and other such costs as
may be required by law to close the purchase of the property. Should the
property owner decline the payment of just compensation, then the
President/Executive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DART's Real Estate
Policy, If the President/Executive Director or his designee is unable to negotiate
the purchase of this parcel for just compensation, the General Counsel is hereby
authorized and directed to initiate: and prosecute the completion of eminent
domain proceedings for the acquisition of this parcel for the Silver Line
Regional Rail Project, DART shall not exercise its power of eminent domain for
the acquisition of the parcel described in Exhibit 2 without approval of such
acquisition by the City Council of the City of Coppell for CBI -012. DART"s
exercise of the power of eminent domain in acquiring the herein described
parcel will not unduly impair the then existing, neighborhood character of
property surrounding or adjacent to the property to be condemned, nor unduly
interfere with interstate commerce, nor authorize DART to run its vehicles on
railroad tracks which are used to transport property.
Section 3: There is a public necessity for the acquisition of Parcel CBI -026 described in
Exhibit 3. This property is necessary and proper for construction of the Silver
Line Regional Rail Project and for any other use authorized by Chapter 452 of
the Texas Transportation Code, and such use is hereby declared to be a public
use for a public purpose. The amount to be paid represents just compensation
for this parcel required for the Silver Line Regional Rail Project as determined
by a Texas State Certified Appraiser and reviewed by Texas State Certified
Appraiser, In the event the property owner accepts the payment of just
compensation, the President/Executive Director or his designee is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation expenses, title policy expenses, closing costs, and other such costs as
may be required by law to close the purchase of the property, Should the
property owner decline the payment of just compensation, then the
President/Executive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DART's Real Estate
Policy. If the President/Executive Director or his designee is unable to negotiate
the purchase of this parcel for just compensation, the General Counsel is hereby
authorized and directed to initiate and prosecute the completion of eminent
domain oroccedin2s, for the acouisition of this narcel for the, Silver Line
Declare Public Necessity & Authorize Acquisition of Parcels 2 9/22/'2020 9:33:53 AM
W111
Regional Rail Project. DART shall not exercise its power of eminent domain for
the acquisition of the parcel described in Exhibit 3 without approval of such
acquisition by the City Council of the City of Dallas for CBI -026. DART's
exercise of the power of eminent domain in acquiring the herein described
parcel will not unduly impair the then existing neighborhood character of
property surrounding or adjacent to the property to be condemned, nor unduly
interfere with interstate commerce, nor authorize DART to run its vehicles on
railroad tracks which are used to transport property.
Section 4. There is a public necessity for the acquisition of Parcel Cil -0 7 described in
Exhibit 4, This property is necessary and proper for construction of the Silver
Line Regional Rail Project and for any other use authorized by Chapter 452 of
the Texas Transportation Code, and such use is hereby declared to be a public
use for a public purpose. The amount to be paid represents just compensation
for this parcel required for the Silver Line Regional Rail Project as determined
by a Texas State Certified Appraiser and reviewed by Texas State Certified
Appraiser. In the event the property owner accepts the payment of just
compensation, the President/E,xecutive Director or his designee is hereby
authorized to execute all necessary legal instruments and to pay necessary
relocation expenses,, title policy expenses,, closing costs, and other such costs as
may be required by law to close the purchase of the property, Should the
property owner decline the payment of just compensation, then the
President/Executive Director or his designee is hereby authorized and directed
to negotiate the purchase of such parcel in accordance with DART's Real Estate
Policy. If the President/Executive Director or his designee is unable to negotiate
the purchase of this parcel for just compensation, the General Counsel, is hereby
authorized and directed to initiate and prosecute the completion of eminent
domain proceedings for the acquisition of this parcel for the Silver Line
Regional Rail Project. DART shall not exercise its power of eminent domain for
the acquisition of the parcel described in Exhibit 4 without approval of such
acquisition by the City Council of the City of Dallas for C131-027. DART's
exercise of the power of eminent domain in acquiring the herein described
parcel will not unduly impair the then existing neighborhood character of
property surrounding or adjacent to the property to be condemned, nor unduly
interfere with interstate commerce, nor authorize DART to run its vehicles on
railroad tracks which are used to transport property,
Declare Public Necessity & Authorize Acquisition of Parcels 3 9/22/20 O9:33:53 AM
U=
Declare Public Necessity, Establish Just Compensation, and Authorize the Acquisition of Parcels
C'BI-008 and CBI -012 in the City of Coppell, Texas, and Parcels CBI. 26 and CBI -027 in the City
of Dallas, Texas, for the Silver Line Regional Rail Project, and Authorize Eminent Domain
Proceedings if Necessary
Ile
. ........ . .
Jo,n'k,haii R..Welly
k
Uq
Gene Garnez . . .. . .......... . ......
General Counsel
.ZA
Paul N. Wageman
Chair
MEN=
Date
Declare Public Necessity & Authorize Acquisition of Parcels 4 9/22/2020 9:33:53 AM
Kin=
Field Notes Describing a 1,594 Square Foot (0.0366 Acres) 20010'O
Parcel 0131-008 to be Acqtdred From
PNF-Dallas, UC
BEING it 1,594 square feet or 0.0366 acre tract cif land situated in the S.A' & M.G. RK Co. Survey,
Abstract No. 1439, City ofCoppell, Dallas County, "1 Mrs, said 1,594 square tett or land being a portion
of PARK 'N Ft,Y ADDITION, being an Addition to the said City and State, according to the plat
thereof filed for record in Volume 95127, 1'age 4328, Deed Records, Dallas County, Texas, said 1,594
square feet of land being as portion of as called 16,0716 acre, tract of land that Park `N Fly Group One, Inc.
conveyed to PNF-DAI,IAS, IAX, by Special Warranty Deed, as recorded in Instrument Number.
201500267352, tiled October 05, 2015, Official Public Records, Dallas County, Texas, said 1,594 square
feet of land being more particularly described by metes and bounds as follows-,
BEGINNING at a 1/2 inch iron rod Avith an illegible cap fiound (controlling rilonUment) at the northwest
property corner of the said 16.0716 acre tract, same being the northeast property corner of the remainder
of called '71,292 acre tract describe(] as "Fract I"' conveyed to the City of Dallas, by deed thereof filed
for record in Voltime 69098, page 1727, D,RD,(,','I,',, said beginning point also) being at file intersection of
the southerly fight -of -way line of the St. Louis and Southwestern Railroad (being a 100 tact wide right-
ot'-way at this point conveyed in part by deed thereof' filed for record in Volume 95, Page 51c,
11R.D.C.T.), with the cast line of N. Royal Lane (being an apparent right -of' -way ol"variable width and no
deed of record hound)„
THENCE North 8115"'31'09"' East, along the north property line of the said 16,0716 acre, tract and along
the said Southerly right-of.way line, 318.53, fect to a 5/8 inch iron rod with a cap stamped "SPOONER
5922" set (hereinafter referred to as art iron rod se() trona which a 1/2 inch iron rod with a cap, stamped
`*TX REG NO 100189 00" found (controlling monument) at the northeast property corner of the said
16.0716 acre tract bears North 8591'09 " East, 522,78 feet;
`J"HENCE departing the said north property line, the said southerly right-of-way line and over and across
the said 16.0716 acre tract the IWIowing courses and distances:
South 04'285 1 " East, 5.010 feet to an iron rod set;
South 85"3 lO9" West, 3l&90 feet to all iron rod set on the west property line of the said 16.0716
acre tract, same being the cast property line of the said 71,292 acre tract and also being oil the
said east line of N. Royal 1,ane;
T14ENCE North 00'15'20" West, along the said property line and along the said cast line of NRoyal
Lane, 5.01 feet to the POINTOF BEGINNING, containing 1,594 Square feet or 0.0366 acres or land,
NOTE: All bearings and coordinates as based on the'Texits State Plane Coordinate System,
NAD -83 12011), North Central Zone (4202). Tile horizontal datura derived froin the 2019
NAD -83 Published (CORS) Stations ZFW I and, TXC0. All distances shown are surrace
values and may be converted to grid by dividing by (fie conversion factor for Dallas
County of I .O00 13650(1,
000000' OF
c�o9 m
v
11-12-19 0
0
Surveyors nic: Eric S. Spooner 4 ERIC S. SPOONER >
Registered Professional Land Surveyor, Texas No. 5922 5922
0�
Spooner and Associates, Inc. 0�0 q -
Texas Board of Professional Land Surveying No, 10054900 SUR\) A,
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flieclare 110ilAiAssity & AUIhorize Acquisition cid" Parcels I 9/y 'b 004 AM
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DALLAS COUNTY, TEXAS
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TO, BE ACOUIRED
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(VOL. 95, PG, 519, 0,R.O.C,T.)
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VOL. 95127, PC. 4328,
PROPERTY FENCE 24' FIRE LANE EASEMENT VOL 95127� PC. 4328,
LINE
D. R. D.C. T.
1
cc
---15' LANDSCAPE CASEMENT CALLED 16,07116 ACRES °0 100
VOL. 95127, PC, 4.328, M PARK 'N FLY GROUP ONE, INC. Feet
TO
PNF-DALLAS, LLC NOTE
All bearing and coordinates as based
INS. NO. 201500267,352, 1, on the Texas St le Plane Coordinate
2011) North Central
r, FILED OCTOBER 05, 2015 NAD 83
System
PARK 'N FLY ADDITION O.P.R.D.C,T. ntee4202)r, The horizonto datum
I VOL. 95127, derived from the 2019,ONAD 7,83
PG. 4328, Published CO RS) Stations FWI ond
C4 1. 6-'
. �_ CL MR.D.C.T. ......... . TXCO z
LINE TABLE
2 All d�stonces shown are surface values
LINE # BEARING DISTANCE and may be converted to grid by
_j C> , I I dividing by the conversion factor for
W4010 L1 N85'31'09"E 318.53' Dallas County of 1.000136506
24FIRE LANE EASrMrNT L2 5474"28'51`"E 5,00' 3 This survey was performed without the
400 VOL 95127, PG. 4328� 1 1 — benefit of a title comm+tment.
> L3 S85"31'09 "N 31&90'
D. R. D, C, T�
5,01' the surveyor, p,
L4 NOO'15'20"W 4, Easements were not researched by
C.7 hored driws\S&A TEAM DRM\19\19054 DART Cotton Bevt Roilway\EASEMENTS- ROW TAKFS\C8I-0Qa\I9454-CBI-008dqn
Field Notes Describing a 8,970 Square Foot (0.2059 Acres) Exhibit 2
Parcel CRI -012 to be Acquired From 200100
Hummingbird Fligbt, LLC
BEING a 8,970 square fccl or (1.2059 acre tract of' land situated in the Janics A. Simmons Survey,
Abstract No,, 1296, City of Coppell, Dallas ( ' ` ounty, Texas, said 8,970 square feet of land being a Portion
of a called 1,298 acre tract of land that. Komerica Building Maintenance, Inc, conveyed to the
HUMMING"BIRD FLIGHT, by Warranty Deed, as recorded in Instrument Number (lim No.)
201600007206, filed January 11, 2016, Official Public Records, Dallas County, Texas (O.PR.D.CA--),
said 8,970 square feet ofland being jilore particularly described by inctes and bounds as follows:
BEGINNING at as 3/8 inch iron rod in concrete found (controlling monument) at the northeast Property
corner of` Che said 1.298 are tract, sanie being the most westerly northwest property corner of" a. called
3.729 acre tract of' land conveyed to Arnado Soto and Flora Soto, by deed thereof filed for record in
Volume 81147, 'a
ge 2027, Deed Records, Dallis County Texas (D.R.D.C.T.), said beginning point being
on the southerly right-of-way line ofa tract of land conveyed to Dallas Area Rapid Transit (D,A.R,'F,), by
deed thereof filed for record in VOILUlle 91008, page 1341, D.R.D.C.T_
THENCE South 00'41'45" East, along the cast Property line of the said 1,298 are tract and along the
west property line of the said 3.729 acre tract, 111.32 feet to a 5/8 inch iron rod with a cap stamped
"SPOONER 5922" set, from which as 5/8 inch iron rod with a cap stailiped ".IDJR 4184" found
(controlling monument) at the southeast Property corner ofthe said 1.298 acre tract, same being the most
westerly southwest property corner ofthe said 3.729 are tract, and being oil the northerly right-of-way
line of'Southwestern Boulevard bears South 00'41'45" East, 121,62 feet, said iron rod set also being at
the beginning ofa non -tangent curve to the Ictl having a 1-1)(HUS ot'913.37 feet„
THENCE departing the said property lines, over and across time said 1 .298 are tract and along the said
curve to the lcft, through a central angle of 12'39'00", an are length of'201 .39 feet, and across as chord
which bears North 601`5733" West, a chord length of 200.99 feet to a 518 inch iron rod with a call
stamped "SPOONER 5922" set on as north property line of the said 1.298 acre tract, sarne being the said
southerly right-of-way line oftime, said D.A.R.T. tract,
THENCE North 85'2936- East, along the said north property line and along (lie said south right-of-way
finc, 174M feet to the POINT OF BEGINNING, containing 8,970 square feet or 0,2059 acres of land.
NOTE: All bearings and coordinates are based oil the 'texas State Plane ( " I oordinate System,
NAD -83 (2011), North Central Zone (4202). The horizontal datUln derived froin the 21019
NAD -83 Published K"ORS) Stations ZFW I and TXCO. All distances shown are SUI-JaCC
values and may be converted to grid by dividing by the conversion (tactor for Dallas
County of' I MO 136506,
2-7-20
Surveyors �me: Eric S, Spooner
Registered Professional Land Surveyor,"I'exas No. 5922
Spooner and Associates, Inc.
Texas Board ot'Professional Land Surveying No. M054900
�r ., A'0 I%.
1%. 11
T?, +
Al
4 ERIC S, SPOONER >
0 5922
I)eclare fiftlit,,qemssity & Authorize Acquisition of'Pmvels 3 9/2,q -
fWq)t,) 8 14 P A M
" 8'WOOD
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KOMERICA BUILDING MAINTENANCE, INC.
. . ....... .
ria
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M TO HUMMINGBIRD FLIGHT, LLC 0.2059 AC.
INS. NO, 201600007206, 8,970 SQ. FT.
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< 04 FILED JANUARY 11, 2016, TO BE ACQUIRED ONE-STORY
—J C14 O.P.R.D.C.T. BUILDING
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VOLUME 81147, PAGE 2027,
D.R.D.C.T.
ji,�
J)
N L/1, SOUTHWESTERN BLVD. —,7
9S% �04 Is
CALLED: 0.954 ACRES
0 25 50 AMADO SOTO"S ENTERPRISES, INC.
iii VOLUME 94221, PAGE 2030 ,
Feet D. R. D. C. T.
or 2
DART PROJECT ',,C A I E I "
COTTON BELT REGIONAL RAIL SYSTEM
DR, A WA, Rc)srrr�rt
7i 7 PARCEL CB1012
. ..........
R 7;N
ESpo , o I rer A 8,970 SQUARE FOOT(O.2059 ACRE)
klcobs_ PARCEL TO BE ACQUIRED FROM
11A I,'-'
23 202o, HUMMINGBIRD FLIGHT, LLC
CONTRACT DwG No,
Declare Public Necessity Auft6wAcQuisiti000ffmcls 4
LL(iELLD
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DALLAS
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BEGINNING
VOLUME
91008, PAGE
1341,
D. R. 0. C. T.N
4'WIRE
174.910'
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KOMERICA BUILDING MAINTENANCE, INC.
. . ....... .
ria
CL
M TO HUMMINGBIRD FLIGHT, LLC 0.2059 AC.
INS. NO, 201600007206, 8,970 SQ. FT.
,tt vi w
< 04 FILED JANUARY 11, 2016, TO BE ACQUIRED ONE-STORY
—J C14 O.P.R.D.C.T. BUILDING
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LAJ 10
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0 CALLED: 3329 ACRESWALK rr
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2
VOLUME 81147, PAGE 2027,
D.R.D.C.T.
ji,�
J)
N L/1, SOUTHWESTERN BLVD. —,7
9S% �04 Is
CALLED: 0.954 ACRES
0 25 50 AMADO SOTO"S ENTERPRISES, INC.
iii VOLUME 94221, PAGE 2030 ,
Feet D. R. D. C. T.
or 2
DART PROJECT ',,C A I E I "
COTTON BELT REGIONAL RAIL SYSTEM
DR, A WA, Rc)srrr�rt
7i 7 PARCEL CB1012
. ..........
R 7;N
ESpo , o I rer A 8,970 SQUARE FOOT(O.2059 ACRE)
klcobs_ PARCEL TO BE ACQUIRED FROM
11A I,'-'
23 202o, HUMMINGBIRD FLIGHT, LLC
CONTRACT DwG No,
Declare Public Necessity Auft6wAcQuisiti000ffmcls 4
Field Notes Describing a 141,718 Square Foot (3.2534 Acres)
Parcel CB 1 -026 to be Acquired From
Coppell Independent School District
BEING a 141,718 square feet or 3.2534 acre tract of land situated in the McKinney and Williams Survey,
Abstract No. 1054, City of Coppell, Dallas County, Texas, said 141,718 square feet of land being a
portion of that called 20.00 acre tract of land that Cypress Waters Land B, LTD, and Cypress Waters
Land C, LTI . conveyed to COPPELL INDEPENDENT SCHOOL DISTRICT, by Special Warranty
Deed, as recorded in Dallas County Clerk's Instrument Number (D.C.C.I. NO,) 20080370206, Official
Public Records of Dallas County, Texas (O.P.R.D.C.T.), said 141,718 square feet of land being snore
particularly described by metes and, bounds as follows:
BEGINNING at a 1/2 inch iron rod with a red cap stamped "RPLS 6013" found at the most easterly,
northeast property comer of the said 20.00 acre tract, same being a northwest property comer of a called
73.4397 acre tract conveyed to Cypress Waters Land C, LTD,,, by deed thercoffiled for record in D.C.C.I.
NO. 20080370203, 0,PR.D,CT,, said beginning point also being on a south property line of a called
31.5182 acre tract conveyed to the City of Coppell, by deed thereof filed for record in D.C.C.I. NO.
200900305881, O.P.R.D.CT.,
THENCE South 38'44'18" West, along, the east property line of the said 20.00 acre tract and along the
west property line of the said 73.4397 acre tract, 218.88 feet to a 5/8 inch iron rod with a cap stamped
"SPOONER 5922" set (hereinafter referred to as an iron rod set) from which a 1/2 inch iron rod with an
illegible cap found at a northeast property comer of the said 20.00 acre tract, same being a northwest
property corner of the said 73,4397 acre tract bears South 38'44'18" West, 250 feet, said iron rod set
also being at the beginning of a non -tangent curve to, the right having a radius of 1,952.08 feet;
THENCE departing the said property lines, over and across the said 20.00 acre tract the following
courses and distances:
Along the said curve to the right, through a central angle of 30'17' 101", an are length of 1,031.85
feet, and across a chord which bears South 739512" West, a chord length of 1,0 19.88 feet to an,
iron rod set;
South 88'43'50" West, 75.15 feet to an iron rod set,
South 89'01'40" West, 209.15 feet to an iron rod set on the west property line of the said 20.00
acre tract, same being the cast right-of-way line of Sanders Loop (being a 60 feet wide public
right-of-way at this point);
THENCE North 00'40'26" West, along the said property line and along the said right-of-way line,
100.00 feet to an iron rod set from which a 5/8 inch iron rod found at the most northerly northwest
property comer of the said 20.00 acre tract, same being the intersection of the said cast right-of-way line
with the south right-of-way line of E. Belt Line Road (being a 120 feet wide public rigbt-of-way at this
point) bears North 05'00'16" East, 303.80 feet;
THENCE departing the said property line, the said right-of-way line and over and across the said 20.00
acre tract the following courses and distances:
North 89'01'41" East, 208.11 feet to an iron rod set;
North 88'43'50" East, 75.12 feet to an iron set at the beginning of a curve: to the left having a
radius of 1,852.08 feet;
Declare 14AIA26ssity & Authorize Acquisition of Parcels -5 9/±1hwWJ9i3&44 Al
Exbibit 3
Field Notes Describing a 141,718 Square Foot (3.2534 Acres)
Parcel C131-026 to be Acquired From 20,0100
Copp ll Independent Scliool District
Along the said curve to the left, through as central angle of 35"01'36", an arc length of 1,13123
feet, and across at chord which bears, North 71 '1Y012" East, as chord length of 1, 1, 14.68 feet to an,
it -on rod set on the north property line of the said 20.00 acre tract, sanse being the said south
property line of the 31.5182 are tract from which at 1/2 inch iron rod with an illegnble cap found
g
at a north property corner ofthe said 20,00 acre tract, same being the said nortli right-of-way lisle
of E. Bell Line Road bears South 89'58'31" West, 216.70'rect;
THENCE North 89'58'31" East, along the said property lines, 62.21 tcet to the POINT OF
BEGINNING, containing 3.2534 acres or 141,71 S sqUare feet ofland.
N 07' E: All bearings and coordinates as based oil the Texas State Plane Coordinate System,
NAD -83 (2011 ), North Central Zone (4202). The horizontal daturrs derived frons the 2019
1 -83 published (CORS) Stations ZFW1 and'FXCO. All distances shown are surface
values and may be converted, to grid by dividing by the conversion factor for Dallas
County of 1.000 136506,
,00000", "o
3-20-20
So ry eyor,5: 2m F" Eric S. Spooner
Registered Professional Land Surveyor, Texas No. 5922
Spooner and Associates,, Inc.
Texas Board of Professional Land Surveying No. 10054900
0 F
S r
A ERIC S, SPOONER >
5922 , ( f
01'C'S-'Jo 0
SUR 'd %OW4
"ky A
Declare 1`(uWA2&ssny & Authorize AqUisition ot'Parcels 6 9/f11WJ3)2)0644 AM
NOTES: ALVV.LVV
Uj j0o POINT OF BEGINNING
iz -A U) I All bearing and coordinates as based
Uwa FOUND 1/2"' IRON ROD on the Texas State Plane Coordinate
< CQL. rn WITH A RED CAP
CL 0 System NAD 83 (2011) North Central
No, STAMPED "RPLS 6013" Zone 4202). The horizontal doturn
!0 U 0) derive i from tho 2019 NAD 83
. a (CM)
6 Published (CORS) Stations ZFW1 and
_0C4 TXCO.
0 a-2� ABP distances sown are surface
Inu
6\j
shown
and may be converted to grid
Pr"HIGH VOLTAGE by dividing by the conversion factor
--TRANSMISSION TOWER 1-000136506
`60 for Dallas County of
3, This surveywas �rfored without
the benefipmof a title commitment,
4. Easements were not researched by
the surveyor, 4r WEST TRACT
.144Z G, CIPF-
73»4397 ACRES
CALLED.
CYPRESS WATERS LAND C, LTD.,
D C C.I. NO20080370203,
O.P.R'.D.C.T.
00
V) 6 WITH CBARBED WIREHA,IN-LINK FFN(TO", 4
4�s 4ce
P, S/Ok
0
L
RIGH T OF WAY TO BE
ACOUIRED
1/2" CIRF i O.P.R,D.C.T. OFFICIAL PUBLIC RECORDS,
1ILLEGIBILE"
DALLAS COUNTY, TEXAS
R (CM) CB11-026
I D.R.D.C.T, MAP, RECORDS,
DALLAS COUNTY, TEXAS
5000 %C) D,C,C.1, NO, DALLAS COUNTY CLERK'S
>Z� INSTRUMENT NUMBER
z A
> Uj 0 0
< (CM) CONTROLLING MONUMENT
> wim
W u 0 5/8 INCH DIAMETER IRON ROD
0(3 LA
O
C14 -1w -7 WITH PINK PLASTIC CAP
WO
z<0ai 0 0
kPi M
STAPED "SP'OONER 592'2" SET
0 r4 a: 0 7
Uj 0
CL D 66 FOUND IRON ROD
X
0 ZEE I.- z GUIY ANCHOR
10 0 Vi
z
0 C;
Z
0 CALLED: 20.000 ACRES T
z 9 CESS YPRWATERS LAND B, LTD 100
CYPRESS WATERS LAND C.
M
TO COPPELL INDEPENDENTLTbFeet 10
5 0,
a LLJ SCHOOL DbTRIT
ir M
0 '0 D. C. C. 1. NO. 20080370206
FILED NOVEMBER 24, 2008
rn 0
A, 0. P.R.D. C. T.
■
rn
z MATCH LINE TO
LINE TABLE SHEET 4 OF 4
0
5' CHAIN-LINK
>
X FENCE
M 9 RADIO
01 1 a
CO,TTON BELT REGIONAL RAIL SYSiTE
PARCEL CB1
A 141,718 SO, FOOT (3,2534 ACRES)
PARCEL TO ~x
FROM
C�OPPELL INDEPENDENT SCHOOL DISTRICT
DING No.
............ .
VQ BYERrRE IA
S SFT '."TE K.9 t'14�$S TASNKM
EX
04hr/'
(MW,A+44u
N N
Sheet
3 of 4
--0
GUY ANCHO 11 IRS
...... ......... . .
TWO GUY ANCHOR
CO,TTON BELT REGIONAL RAIL SYSiTE
PARCEL CB1
A 141,718 SO, FOOT (3,2534 ACRES)
PARCEL TO ~x
FROM
C�OPPELL INDEPENDENT SCHOOL DISTRICT
DING No.
............ .
VQ BYERrRE IA
S SFT '."TE K.9 t'14�$S TASNKM
EX
04hr/'
(MW,A+44u
CO,TTON BELT REGIONAL RAIL SYSiTE
PARCEL CB1
A 141,718 SO, FOOT (3,2534 ACRES)
PARCEL TO ~x
FROM
C�OPPELL INDEPENDENT SCHOOL DISTRICT
DING No.
CURVE TABLE
LENGTH
1 �1R9A5D2,IU,0St 1
.3.1.854"CS7k3."35'12"W
P1
. 0 1
L9E7NM
C2 1,852.W1,I.32,23' N71'l.1
H
1 4�68'
DELTA
)'17'11
�ml
Feet
0 RADIO
TOWER
METAL
BU141-DIN
1 1111 TWO GUY ANCHORS S
LEQLND I
RIGHT OF WAY TO BE ACOU�REID 2 P,
PIPE
w
A.
CHAIN-LINK
FENCE
UNKNOWN
VAULT TWO GUY ANCHOR
0
FENCED AREA AND TOWER
GUY WIRES ARE COVERED IN A
O.P.R.D,C,T,
Z
-
BLANKET EASEMENT RECORD IN
T
DALLAS COUNTY, TEXAS
COTTON BELT REGIONAL RAIL SYSTEM
DRAWN ROsment
VOLUME 69207, PAGE 09,
CN. R.D.C.T.
D,R.D.C.T,
MAP RECORDS,
0 50
1010
Feet
0 RADIO
TOWER
METAL
BU141-DIN
1 1111 TWO GUY ANCHORS S
LEQLND I
RIGHT OF WAY TO BE ACOU�REID 2 P,
PIPE
w
A.
CHAIN-LINK
FENCE
UNKNOWN
VAULT TWO GUY ANCHOR
0
FENCED AREA AND TOWER
GUY WIRES ARE COVERED IN A
O.P.R.D,C,T,
OFFICIAL PUBLIC RECORDS,
-
BLANKET EASEMENT RECORD IN
DALLAS COUNTY, TEXAS
COTTON BELT REGIONAL RAIL SYSTEM
DRAWN ROsment
VOLUME 69207, PAGE 09,
CN. R.D.C.T.
D,R.D.C.T,
MAP RECORDS,
zw
CHECK Jccobs
ED ESpooner
,718
A 141SO. FOOT (3,2534 ACRES)
VJIRYERSSTREE" VX EULMS TEXAS TUAM)
DALLAS COUNTY, TEXAS
PARCEL TO BE ACQUIRED FROM
ICOP'PELL INDEPENDENT SCHOOL DISTRICT
lip F57miz Jocob
-... ... � � --l-
.kJRE
D.C,C.I. NO,
DALLAS COUNTY CLERK'S
INSTRUMENT NUMBER
Q
CONTRACT OWG No OAV
C-2033270 Oil 9192A.89AV fff74 9"
(CM)
CONTROLLING MONUMENT
5/8 INCH DIAMETER IRON ROD
C
WITH PINK PLASTIC CAP
10000'
STAMPED "SPOONER 5922" SET
FOUND IRON ROD
0GUY ANCHOR
w
6
0
C)r
CB —026
L)
00
—j
LAJ co
a
4n
Z
CL
50' PIPELINE EASEMENT
0
CALLED: 20.0 00 ACRES
TO TXU GAS COMPANY
I—
i
CYPRESS WATERS LAND
Uj
M
INS. NO. 20020 1791 S 12„
50,0011 O.P.R.D.c.T,
:m
B, LTD. & CYPRESS
LA
WATERS LAND C.LTD. TO
Lj
PPELL INDNT
COPDE
EEN
0
SCHOOL DISTRICT
D. C, C. 1. NO. 20080370206,
FILED NOVEMBER 24, 2008
16"E
O.P.R.D.M.
303.80"
G MK
L4
5/8"
- - — - - -
AL
-11;7-v-ATT-
_C
(CM)
-
6' CHAIN-LINIK FENCE
'ATMOS
AS SANDERS LOOP
WITH BARBED WIRE TOP
wt--
ASPHALT
(60- PUBLIC R.O.W.)
-j
Sheet 4 of 4 07-- a I
-
SCALE 11.=1001
COTTON BELT REGIONAL RAIL SYSTEM
DRAWN ROsment
PARCEL CBT —026
w§,wEU ............
CHECK Jccobs
ED ESpooner
,718
A 141SO. FOOT (3,2534 ACRES)
VJIRYERSSTREE" VX EULMS TEXAS TUAM)
PARCEL TO BE ACQUIRED FROM
ICOP'PELL INDEPENDENT SCHOOL DISTRICT
lip F57miz Jocob
-... ... � � --l-
.kJRE
10-28-2019
Declare Public Neces%itv &
CONTRACT OWG No OAV
C-2033270 Oil 9192A.89AV fff74 9"
Field Notes Describing a 9,548 Square Foot (0.2192 Acres) Exhibit 4
Parcel CBI -027 to be Acquired From 20010'
Cypress Waters Land B, Ltd. And
Cypress Waters I...and C, Ltd.
BEING a 9,548 square, feet or 0.2192 acre tract of" land situated in the McKinney & Wilhairis Survey,
Abstract No, 1054, City ofCoppell, Dallas County, 'Texas, said 9,548 square feet cif` land being a portion
of the called 73.439,7 acre tract of land identified as "West Tract" that Luminant Generation Company
LLC conveyed to CYPRESS WATERS LAND 8, LTD. and CVPRESS WATERS LAND C, LTD.,
by Special Warranty Deed, as recorded in Dallas County Clerk Instruimilt Number (D.C.C.l. No.)
20080370203, filed Novernber 24, 2008, Official Public Records, Dallas County, Texas (OP.R.D'A".),
said 9,548 square feet of land being more particularly described by metes and bounds as rollows:
BEGINNING at as 1/2 inch iron rod with a cap stamped RPLS 6013" found (COZUI-011illg 1110111111,lent) at
the most northerly northwest Property corncr of the, said 73.4397 acre tract, sane being the most easterly
northeast property corner of` as called 20.00 acre tract of land conveyed to Coppell Independent School
District, by (Iced thereof filed for record in DC.C1 NO. 20080370206, O.P.R.D.C3., said beginning
point also being case tyre southerly property line ofa, called 31,5182 acre, tract of" land conveyed to tile City
ofCoppell, by deed thereof filed for record in D.C.0. NO20090030588 1, 011. RD.C' T., said beginning
point being North 59'58 3 1 - East, 27'8.91 feel from a 1/2 inch bean rod with all illegible cap found at a
northeast property corner of the said 20,00 acre tract, same being as west property corner of the said
31.5182 acre tract, same also being on the southerly right-of-way line of East Beltline Road (being a 120
fiect wide public right-of-way at this point);
THENCE North 89'583 1 " East, along the north property line of the said 73.4397 acre tract and along
the said southerly property line of the 31.5182 acre tract,, 99.46 feet to a 5/8 inch iron rod with a cap
stamped "SPOONER 5922" set (hereinafter referred to as an iron rod set), same being, the beginning of a
11011 -tangent curve to the right having as radius of 1,952.08, feet-,
T" ENCE departing the said property lines, over and across the said 73,4397 acre tract and along the said
curve to the right, through a central angle of 8'34'06", ail arc length of 291.92 feet, and across as chord
which bears South 54'09'34" West, a chord length of' 201.0(5 feet to an iron rod set oil the westerly
property line of the said 73.4397 acre tract, carne being the easterly property line of the said 20.00 acre
tract, said iron rod set being North 38'44'18" East, 25.60 feet firorn a 1/2 inch iron rod with all illegible
cap (controlling mornilnent) found at a northwest property corner of the said 73.4397 acre tract, same
being all angle point in the cast property line ofthe said 20.00 acre tract;
THENCE North 38'44'18" East, along the said property lines, 218.88 feet to the POINT OF
BEGINNING, containing 9,548 square, feet or 0.2192 acres of land.
NOTE: All hearings and coordinates as based on the Texas State Plane Coordinate System,
I
NAD -83 (2011), North Central Zone (4202)° The horizontal datum derived frorn the 2019
NAD -83 Published (CORS) Stations ZFW I and TXC0. Al I distances shown are surface
values and may be converted to grid by dividing by file conversion factor for Dallas
County of 10)0 136506.
00000
11-12-19
Surveyors, Wel.'ric S. Sp -o -o- tlez,°
Registered Professional Land Surveyor, Texas No. 5922
Spooner and Associates, file,
Texas Board of Professional Land Surveying No. 10054900
OF
0 7
U')
4 EMC S, SPOONER
K) 5922
0, f
k. _1k S U RIJ -A
'k,
Declare l`QR&-Q2dssity & Authorize Acquisition of Parcels 9 9/Jft)A4)0f,24 AM
N
LLf?
EN
RIGHT OF WAY TO BE ACOUIRECS
0,P,R.D.C.T, OFFICIAL PUBLIC RECORDS,
DALLAS COUNTY, TEXAS 1? 01
D,R.D.C,T, DEED RECORDS, DALLAS COUNTY, TEXAS /X111
D.C.CA. NO. DALLAS COUNTY CLERK.S
INSTRUMENT NUMBER
N aft 100 (CM) CONTROLLING MONUMENT 4
Nome 5/8 INCH DIAMETER IRON ROD
Feet✓
WITH PINK
PLASTIC CAPS
STAMPED "SPOONER 5922" SET \6 4
FOUND IRON ROD
POINT OF BEGINNING1i), GAS CALLED; 31.5182 ACRES
1!/2"' CIRF FOUND 1/2- IRON ROD- LINE THE CITY OF COPPELL,
ILLEGIBLE" WITH A RIED CAP D.C.C.I. NO,. 200900305881,
(CM)STAMPED "RPLS 6013" O.P.R.D.C.T.
(CM)�-,
L1
N89*5831"E 278.91' #
E4 4#
COmp
50 ),U GAS
10 '201 201791512'
NO. r
tt4s. #
C81 -027
Ci
tj027
0.21 2 AC.
N38* 44'18 E- 9,548 SO. FT.
25.60 TO BE ACOUIRED
CALLED: 73.43917 ACRES
6' CHAIN-LINK FENCE 1/2" CIRF "WEST TRACT"
WITH BARBED WIRE TOP "ILLEGIBLE" LUMINANT GENERATION COMPANY LLC
(CM) TO CYPRESS WATERS LAND B, LTD.
CALLED: 20.00 AND CYPRESS WATERS LAND C, LTD.,
CO,PPELL INDEPENDENT ? D.C.C.I. NO. 20080370203,
SCHOOL DISTRICT HIGH VOLTAGE FILED NOVEMBER 24, 2008,
D.C.C.I. NO, 20080370206,
O.P.R.D.C.T. TRANSMISSION TOWER 0. P. R. D. C. T.
5
M N41
2z 5010
00 -
/
TABLE
MEL—ENGTH: I CH.
BEARING
CH. LEN(
NOTES:
21111liau
11 1 I'M
PARCEL TO BE ACQUIRED FROM'
LINE TABLE
1, All bearing and coordinates as based,
LINE #
BEARING
LENGTH
99,4�'_
on the Texas State Plane Coordinate
5 Y m NAD 83 (2011) North Central
Zone The horizontal datum
L1
N89* 831 "E
L2
N38*44'18"E
1
1218.88'
rnitvee
eS4202)�
de f ir
d o(rCn 0 the 2019 N A D 83
Publishe (CORS) Stations 2FW1 and
Ff
TxCC.
2. All distances shown are surface
values and mof be converted to grid,
TH
DELTA
by dividing by he conversion factor
far Dallas County of 1.000136506
CURVE
TABLE
MEL—ENGTH: I CH.
BEARING
CH. LEN(
21111liau
11 1 I'M
Sheet 2 of 2
0
Lp (& SPOONER,",.,,,
D 4-
J ext
A
0 WSYERS STREET 1,WRE UN) ELM+'S% TEXAS MT311
5Pi (W�wk�1448 WWWSKXAqtT1i1AJpVV(0q1(XW
..4 MPLSFiRMW) imim,mv
0�
This surrve was perforrined without
the benefit of a title commitment.
4. Easements were niot researched by
the surveyor.
COTTON BELT REGIONAL RAIL SYSTEM
PARCEL C81-027
A 9,548 SOFOOT (0,2192 ACRES)
PARCEL TO BE ACQUIRED FROM'
CYPRESS WATERS LAND 8, LTD. &
RE_S-WATERS..-LANDC...._LT_D_
MR.: 9 Al "J."
City of Coppell, Texas
C',P FE L
File ID: 2020-5360
Version: 1
File Name: 87th Legislative Agenda
Master
File Number: 2020-5360
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Secretary
File Created: 10/08/2020
Final Action:
Title: Consider approval of the Legislative Agenda for the upcoming 87th Regular
Legislative Session.
Notes:
Sponsors: Enactment Date:
Attachments: Memo.pdf, 2021 Legislative Priorities.pdf Enactment Number:
Contact: Hearing Date:
Drafter: Effective Date:
Related Files:
History of Legislative File
ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5360
Title
Consider approval of the Legislative Agenda for the upcoming 87th Regular Legislative
Session.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Strategic Pillar Icon:
Perpetuate a Learning Environment
Foster an Inclusive Community Fabric
City of Coppell, Texas Page 1 Printed on 12/4/2020
Master Continued (2020-5360)
Enhance the Unique 'Community Oasis' Experience
Future Oriented Approach to Residential Development
Create Business and Innovation Nodes
Implement Innovative Transportation Networks
Apply 'Smart City' Approach to Resource Management
Sustainable Government
City of Coppell, Texas Page 2 Printed on 12/4/2020
COPPE ' LL
a�
MEMORANDUM
To: Mayor and City Council
From: Mike Land, City Manager
Date: December 8, 2020
Re: 2021 Legislative Priorities for the 871h Regular Legislative Session
Over the year, Council has discussed various subjects to be included in the 2021 Legislative
Priorities document to be used during the upcoming legislative session. The attached
document reflects many items carried from the 2019 Priorities List with a particular focus on
the items pressing Coppell today.
CITY OF COPPELL
2021 LEGISLATIVE PRIORITIES
With Talking Points
Sales Tax Sourcing Legislation —
The City of Coppell has a longstanding economic development policy designed to attract business -
to -business and warehouse users. This is consistent with our geographic location and
complements surrounding communities and the region. Over the years, The City of Coppell has
worked with the Comptroller, other cities and the business community to develop a respected
compromise structure for origin sourcing for storefront and warehouse distribution center sales
that was overwhelmingly adopted by the Legislature and supported by the majority of municipal
governments.
A shift from origin to destination -based sales tax sourcing in Texas would reverse 50 years of sales
tax administration and treatment. A change to destination sourcing would result in the loss of
millions of dollars in revenue annually from Coppell and disperse those dollars to municipalities
across the state in de -minimus amounts barely noticeable by the receiving entity, but at a
tremendous cost to Coppell.
Destination sourcing takes sales tax remittances from business in Coppell and directs those dollars
to municipalities that have not support of the business that generated the tax. This is most directly
felt on business to business taxable transactions. Coppell recognizes that remote (out of state)
and marketplace sales to represent a different set of circumstances. That is why Coppell, along
with cities throughout the state supported legislation last session that would direct those sales to
destination locations. We further support closing the loophole in that legislation that would direct
ALL marketplace sales, not just 3rd party marketplace seller sales, to the destination location.
The City of Coppell opposes any further changes in the sourcing of sales tax remittance for Texas
retail sales tax permit holders from the current origin of sale method to any method that would
include destination as the way sales tax remittance is calculated.
Sales Tax Sourcing can be a very confusing issue and tinkering with carefully vetted statue could
lead to many unintended consequences. We have seen that happen with the consequences of the
Comptroller's Rule 3.334 adoption that "reinterprets" the sourcing statute that hasn't changed in
over a decade. Most cities do not know what will happen to them if either sales tax sourcing in
Texas is changed to destination -based from origin -based or the national Streamline Sales Tax
Initiative is adopted.
Texas has long been an origin -based sales tax state. Cities have intentionally designed their
economic development, community development, and other programs following this longstanding
sourcing law.
1. Many communities, Coppell included, have revenue bond indebtedness that relies on
current law and resulting revenues to make the debt service payments. The move to
destination -based sales tax collection would devastate some and certainly harm all such
cities.
pg.1 12/4/2020
2. As a result of the Comptroller's new statutory interpretation in adopted Rule 3.334, the
City of Coppell stands to lose around $24,000,000 annually should the adopted rule take
effect in October 2021.
Streamline Sales Tax Initiative - The City of Coppell supports Texas' adoption of additional
simplifications found within the Streamlined Sales and Use Tax Agreement. Specifically, the
requirements for remote seller registration and an established rate and boundary database provided
to remote sellers that make remittances easier for those businesses. Coppell also supports the
specific provisions within the SSUTA that allow Texas to maintain its current Origin Sourcing for
intrastate transactions. Intrastate Origin sourcing allows Texas businesses to maintain their
current easy method of sales tax sourcing and remittance while not disrupting decades of
established sales tax treatment.
Remote Seller Tax Treatment - The City of Coppell supports additional changes to the Remote
Seller legislation (HB 2153) adopted by the Legislature during the 86th Session. Current, single
rate remote seller legislation provides for a $500,000 in sales per year into Texas before a company
is required to register. That de -minimus amount should be lowered over time as more
simplifications are made. Additionally, current legislation allows a remote seller to collect a single
rate for the state that the comptroller will allocate to local governments on a formula based upon
current sales tax remittances. A fair way to allocate those remittances would be on a per -capita
basis for each taxing entity.
Building Materials — Support legislation repealing and or amending HB 2439 which unnecessarily
prohibited cities form regulating building products, materials or methods used in construction of
residential or commercial structures.
Short Term Rentals — Support legislation preserving local decisions with regard to protecting
neighborhood integrity including the allowance of the Comptroller to collect the city's portion of
tax; and to include the provision requiring the STR operator to be owner -occupied; and to require
the home to be available on a limited portion or intermittent basis; and to require a short term rental
to obtain specific use permit to regulate the terms and conditions of such occupancy.
Amendment to Chapter 327 Municipal Sales and Use Tax for Street Maintenance —
Support an amendment to Chapter 327 which allows for all cities to request authorization from
voters for up to ten (10) years and provides clarifications on use of the tax and ballot language
related to reauthorization.
Hotel Occupancy Tax Revenues for Park Improvements — Support legislation allowing the
expenditure of municipal hotel occupancy tax revenues to be used by the city for the construction
of improvements in municipal parks.
Local Decisions — The City of Coppell expressly opposes any measures that would limit, reduce,
or remove the ability to make local decisions that municipalities have today regarding their
respective abilities to govern, finance, or otherwise make decisions on behalf of the communities
we serve. It is often said that the best government is that which is closest to the people. There is no
level of government effort closer to the public than locally elected officials who represent
pg.2 12/4/2020
municipalities and other local political subdivisions. What works for one municipality does not
necessarily work in another. The locally elected Mayors and City Council members are best suited
to make decisions on behalf of their respective communities.
1. Preemption of city regulation on numerous items is a red herring argument.
2. Cities have and do regulate many things that are municipal and specific to their
respective community's culture and desire.
3. Cities have not over -reached to regulate things they were not authorized to do. When
proven otherwise, regulation is overturned without the need for bad legislation.
4. The "liberty" argument is hollow, particularly when voters approve measures they
believe are in their best interest.
5. Voters can speak for themselves. Locally elected representatives know best what their
respective communities desire.
6. Local decisions should be left to local representatives.
7. Get this one thing right and many of the other issues go away.
Property Tax Caps — The City of Coppell opposes all efforts to implement ad valorem property
tax caps.
The well documented and undeniable property tax inequities that occur because of these types of
measures alone should be reason enough to oppose this type of legislation. In addition, these types
of measures that have been adopted in other states have severely limited the ability of municipalities
and counties to maintain infrastructure, programs and services, the very things that the public
expects from its government.
Property tax caps have known unintended consequences that result in major inequities over time
regarding the property taxes paid by different individuals in similarly situated homes.
1. Legislation already exists that empowers the citizens to limit the growth in taxes through
S132 and no new revenue and voter approval laws.
2. While nobody really likes property taxes, much of the tax revenue in growing and
mature communities is used to operate and maintain facilities, roads, parks and services
that were previously voter approved — it does no good to build the fire station and not
staff it, no good to build the library and not equip it.
3. At the end of the day, locally elected Mayors and City Council Members listen to their
citizens and know what is best for their respective communities.
4. Cities and counties are not the reason why property taxes are high in Texas. The reason
is the WAY the State of Texas underfunds schools. Cities and counties are about 20%
each and the schools district property taxes are approximately 50% to 60% of a property
tax bill depending upon where you live.
Revenue Caps — The City of Coppell opposes any legislation or attempt to alter the way
municipalities in the State of Texas currently generate revenues or to require voter approval of
revenue increases.
Voter approval of the budget actions of the Mayor and City Council is accomplished each time a
pg.3 12/4/2020
member of the Council seeks re-election. The above discussion regarding property tax caps is
similar to how this type of measure that also limits the ability to maintain needed infrastructure,
programs and services.
1. Texas municipalities are already a major source of funding for the state. Cities and
counties receive virtually no state funding. Texas is one of only few states that treats
cities and counties in this manner.
2. Cities and counties are the economic generators for the state and if their ability to raise
local revenue is capped, they will not be able to offer tax abatements to attract new
businesses into the state. When that happens, the Texas economy will begin to decline,
and we will be just like every other state in this country.
3. Leave our revenues alone; we do not want to find ourselves in the same position as
independent school districts in our state, that being underfunded.
4. The growth of revenues other than property taxes provides the opportunity to keep
property taxes from rising.
5. Simple formulas that cap revenue growth on inflation and population growth do not
work. The implementation of a major program, such as a new recreation facility, fire
station, library, etc., often are much more expensive than the revenue growth from one
year would fund based on the previous year's population growth and inflation.
6. Any bill requiring voter approval of an increased level of revenue is fraught with
problems due to the budget adoption cycle for Texas municipalities and the now limited
number of dates that a municipality can hold an election.
7. At the end of the day any discussion regarding the belief that overall taxation in Texas
is too high is failing to recognize that we have no income tax, something that we all
agree is a bad addition to the tax revenue tool chest. Texas in fact has one of the lowest
overall tax burdens in the entire country.
8. The problem is SCHOOL TAXES. They are up to 60% of a tax bill and if you are
Chapter 41 school district like CISD local taxpayers send money to the State. The State
has historically underfunded schools and they are trying to divert the attention from the
real problem and make it someone else's.
9. Not only would does a lower no new revenue rate not produce significant property tax
relief, the cumulative effect would be to reduce funding for everything the City provides.
"Dark Store" Taxation — Big box stores have been challenging property tax assessments based on
the "true cash value" which is significantly below the assessed value. Their argument is that the
building was built for a sole function and has little value for other purposes. This is detrimental to
local communities as well as to the State of Texas. We urge the state to expand the definition of
special purpose properties to include retail buildings of greater than 50,000 sq. ft. to require
assessments of value using the "cost method" not "comparable". If a store is 10 years or less in age,
"the sale of a comparable property may not be used in determining the assessment of the comparable
property if it has been vacant for more than one year, has significant restriction on its use, was sold
and is no longer used for its original purpose or was not sold in an arm's length transaction."
1. This is another ploy used by large commercial property owners intending to lower the
property tax on their respective properties.
2. Granting this type of evaluation model would severely lower taxable values which in
turn would harm not only local taxing entities but also the state due to the school funding
pg.4 12/4/2020
implications.
3. Various construction techniques can be applied to large commercial properties to
subdivide a once large building into more than one commercial use.
4. The use of comparable properties should not be used to determine the taxable value
given the very arguments being used by the industry; i.e.: their uses are so specialized.
Expenditure Limitations — The City of Coppell opposes any legislation that would limit the
elected Mayors and City Councils of Texas municipalities from adopting budgets that they deem
appropriate for their respective communities or that would require voter approval for increases in
expenditures.
The City of Coppell employs a very open budgeting process during which there are multiple
opportunities for the citizens to participate. Texas citizens are protected by S132 and no new revenue
and voter approval provisions. Once again, voter approval of the actions of the Mayor and City
Council is accomplished each time they seek re-election.
1. Whenever the state passes along an unfunded mandate it causes local property taxes to
go up. That is why the state per capita tax burden is so low. It is because the state passes
along so much of the burden to the local governments.
2. Communities should be left to decide for themselves the level of funding they deem
appropriate and they do this by participating in community visioning processes, budget
processes, voting on capital improvements
3. Formulas that allow for the growth in debt service funding but not operations and
maintenance funding to requisite levels to program and maintain the capital
improvements are counterintuitive. Once again, it does no good to build it, even if voters
approve if the revenues that are necessary to operate and maintain the improvement are
not available.
4. Any bill requiring voter approval of an increased level of expenditure is fraught with
problems due to the budget adoption cycle for Texas municipalities and the now limited
number of dates that a municipality can hold an election.
Education Funding — The City of Coppell supports efforts that would more adequately fund
education from state revenue funds that would also decrease the amount of recapture currently
required of districts such as the Coppell Independent School District. The percent of total state
funding per pupil for public education has been continually decreasing. The legislature should turn
attention to developing measures that would adequately fund education in our state, or at least fund
education at historic levels.
1. While not a municipal issue on its face, the continued underfunding of public education
is unacceptable.
2. The voucher issue takes even more money from public education under the guise of
making it possible for the average citizen to choose private schools when the average
person cannot afford private schools even with the voucher payment.
3. School choice wherein parents could choose to send their children to any school of their
choice would over -run quality districts from a classroom space perspective while the
State is funding an even less percentage of the total cost for those quality district to
remain such.
pg.5 12/4/2020
4. Additional state funding for public education is necessary if true property tax relief is to
be seen by property owners in Texas.
5. The state funding as a percent per pupil of the total continues to decline noticeably even
though public education funding is one of 4 or 5 major issues the state should be doing.
Transportation — The City of Coppell supports the North Texas Commission's and Regional
Transportation Council's legislative agenda. Making real, meaningful progress on transportation
initiatives is vital as our state continues to grow rapidly. More specifically, the DFW region
continues to grow at a rate that is simply overwhelming the transportation system. The building of
additional highway capacity is essential if the region is to continue to thrive as a very important
economic engine for the entire State of Texas. Mass transit via rail must also become a reality in a
much larger scale than currently exists as the continuation of sprawl becomes at some point
unsustainable. This issue should be near the top of the priority list of items the requiring legislative
attention.
1. The RTC and Rail North Texas initiatives are vital if the region is to maintain the
economic generator status that the state needs from the north Texas area.
2. State funding for transportation projects in the Dallas/Ft. Worth area is vital.
3. Ensuring TXDot and NTTA perform as expected is important. Make them keep their
promises.
4. Coppell supports regional rail initiatives, including the Cotton Belt DART Silver line.
5. Fund projects with dollars as first intended. Do not co -mingle funds from one TxDot
district with another unless the various stakeholders agree.
6. Support all tools necessary for successful construction of transportation projects
including toll roads, tolled managed lanes, design build, concessions and any other
financing avenues available.
Alcoholic Beverage Sales — Oppose any further loosening of the restrictions regarding the
proximity to schools, parks, and churches where alcoholic beverages can be sold.
The community of Coppell has been built with families in mind. Our school system is one of the
best in Texas. We have a very strong faith -based community and our municipal programs offer
great kid -centric services to our families. Our ability to ensure safe and appropriate environments
for these segments of our community is vital.
1. Leave these types of issues to the locally elected Councils to decide.
2. Current rules seem to be serving well.
Oil and Gas Wells — Support any efforts that would provide municipalities more ability to control
the site of oil and gas wells as they relate to residential developments, any occupied buildings, and
environmental sensitive areas such as creeks, rivers and drainage ways.
The proliferation of gas wells in the north Texas area has created concern regarding their proximity
to residences, schools, parks, other occupied buildings and environmentally sensitive areas. The
City of Coppell would support the expansion of our ability to apply greater distance requirements,
noise mitigation standards and other control measures deemed necessary to protect our citizens from
the problems caused by the gas exploration and production process. The associated air quality that
pg.6 12/4/2020
has been well documented is also very important.
1. The exploration of the Barnett Shale in north Texas has led to much discussion regarding
how communities can protect their citizens and business communities from the harmful
effects of the drilling and operation of gas wells.
2. The rights of these companies to locate pipelines virtually any place they please is a
frightening proposition.
3. Texas cities are to some degree severely hampered to regulate these activities due to
current state law.
4. It appears that urban drilling was not contemplated when the legislation was passed. If
it was contemplated, it was not done so effectively.
Power Grid Hardening - Oppose any attempt by the State to require hardening of the Texas power
grid to protect it from EMP/EMC effects IF the costs of such hardening would be passed along to
the consumer. (This would be an incredibly expensive undertaking and the current "plan" is to have
the utility companies pass the cost along through rate increases).
Broadband and Smart Cities - Support the legislature in efforts to incentivize and recognize the
importance of broadband, smart cities and the application of technology solutions through grants,
awards, and other means. Texas should encourage the deployment of and assist whenever possible,
cities efforts to modernize. The legislature in developing a statewide strategy must however
recognize that there is no one size fits all solution as cities are ultimately responsible to their citizens
desires. Additionally, local governments should receive market value for private for-profit
companies utilization or public property and public right-of-way.
pg. 7 12/4/2020
City of Coppell, Texas
C',P FE L
File ID: 2020-5421
Version: 1
File Name: Mayor & CC Reports
Master
File Number: 2020-5421
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Mayor and Council
Re po its
In Control:
City Council
File Created:
11/30/2020
Final Action:
Title: Report by the City Council on recent and upcoming events.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5421
Title
Report by the City Council on recent and upcoming events.
Summary
City of Coppell, Texas Page 1 Printed on 12/4/2020
City of Coppell, Texas
C',P FE L
File ID: 2020-5422
Version: 1
File Name: CC Committee Reports
Master
File Number: 2020-5422
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Council Committee
Re po its
In Control:
City Council
File Created:
11/30/2020
Final Action:
Title: A. Report on North Central Texas Council of Governments - Councilmember
Wes Mays
B. Report on North Texas Commission - Councilmember Nancy Yingling
C. Report on Coppell Historical Society - Councilmember Long
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Contact: Hearing Date:
Drafter: Effective Date:
Related Files:
History of Legislative File
ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5422
Title
A. Report on North Central Texas Council of Governments - Councilmember Wes Mays
B. Report on North Texas Commission - Councilmember Nancy Yingling
C. Report on Coppell Historical Society - Councilmember Long
Summary
City of Coppell, Texas Page 1 Printed on 12/4/2020