CP 2021-08-24o I'll""'
COFFELL
Tuesday, August 24, 2021
City of Coppell, Texas
Meeting Agenda
City Council
5:30 PM
WES MAYS BRIANNA HINOJOSA-SMITH
Mayor Mayor Pro Tem
CLIFF LONG JOHN JUN
Place 1 Place 5
DON CARROLL BIJU MATHEW
Place 3 Place 6
KEVIN NEVELS MARK HILL
Place 4 Place 7
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 8/20/2021
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City council
Meeting Agenda
August 24, 2021
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 Work Session, 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.
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. Work Session (Open to the Public) 1st Floor Conference Room
A. Discussion regarding agenda items.
B. Discussion regarding Draft Social Media Policy.
C. Annual Vector Control Program Update.
D. Procurement 101 Presentation.
E. Atmos 2021 Rate Review Mechanism Filing Presentation.
Attachments: Draft Social Media Palicy Memo.pdf
Draft Social Media Palicy.pdf
Vector Control Annual Update Memo.pdf
2021 Atmos Memo.pdf
2021 Atmos Mid -Tex RRM Resolution.pdf
2021 Atmos Mid -Tex RRM Resolution Attachments.pdf
2019 FAQs RE ATMOS RRM.pdf
Regular Session
3. Invocation 7:30 p.m.
4. Pledge of Allegiance
5. Citizens' Appearance
6. Consent Agenda
A. Consider approval of minutes: August 10, 2021.
Attachments: CM 2021-08-10. df
B. Consider approval of a Resolution of the City of Coppell authorizing an
Interlocal Agreement with the Coppell Independent School District (CISD)
City of Coppell, Texas Page 2 Printed on 8/20/2021
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City council
End of Consent Agenda
Meeting Agenda
August 24, 2021
for School Resource Officer (SRO) protection services for the school year
2021-2022; and authorizing the Mayor to sign.
Attachments: SRC) ILA 2021-2022 Memo.pdf
SRC) Resolution.pdf
SRC) Interlocal Agreement.pdf
7. CITIZENS' AGENDA ITEM:
Consider option to connect the trail system through Magnolia Park
because the City Council is looking to approve a project to do this very
soon.
Attachments: City of Coppell Request for Presentation Form. df
Magnolia Park HOA Presentation. pdf
8. City Manager Reports - Project Updates and Future Agendas
9. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
10. Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
A. Report on Dallas Regional Mobility Coalition - Councilmember Don
Carroll
B. Report on Woven Health Clinic - Councilmember Mark Hill
C. Report on Metrocrest Services - Councilmember Biju Mathew
11. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
12. Necessary Action from Executive Session
13. Adjournment
Wes Mays, 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 20th day of August, 2021, at
Ashley Owens, City Secretary
City of Coppell, Texas Page 3 Printed on 8/20/2021
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City Council
Meeting Agenda
PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public programs,
services and/or meetings, the City requests that individuals 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.
August 24, 2021
City of Coppell, Texas Page 4 Printed on 8/20/2021
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C',P FE L
File ID: 2021-5861
Version: 1
File Name: WKS 08/24/21
City of Coppell, Texas
Master
File Number: 2021-5861
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Work Session
In Control:
City Council
File Created:
08/16/2021
Final Action:
Memo.pdf, 2021 Atmos Memo.pdf, 2021 Atmos
Title: A. Discussion regarding agenda items.
B. Discussion regarding Draft Social Media Policy.
C. Annual Vector Control Program Update.
D. Procurement 101 Presentation.
E. Atmos 2021 Rate Review Mechanism Filing Presentation.
Notes:
Sponsors:
Attachments:
Draft Social Media Policy Memo.pdf, Draft Social
Media Policy.pdf, Vector Control Annual Update
Memo.pdf, 2021 Atmos Memo.pdf, 2021 Atmos
Mid -Tex RRM Resolution.pdf, 2021 Atmos Mid -Tex
RRM Resolution Attachments.pdf, 2019 FAQs RE
ATMOS RRM.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 2021-5861
Title
A. Discussion regarding agenda items.
B. Discussion regarding Draft Social Media Policy.
C. Annual Vector Control Program Update.
D. Procurement 101 Presentation.
E. Atmos 2021 Rate Review Mechanism Filing Presentation.
Summary
City of Coppell, Texas
Page 1
Printed on 8/20/2021
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COFFELL
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MEMORANDUM
To: Mayor and City Council
Through: Mike Land, City Manager
From: Hannah Cook, Chief Communications Strategist
Date: August 24, 2021
Reference: Draft Social Media Policy for Elected and Appointed Officials
2040: Sustainable Government
Introduction:
As technology becomes more and more integral to daily life and social media becomes an
increasingly important method of communication, it is necessary to ensure that City spokespeople
are clearly indentifiable and official messages come from authorized sources. For this reason, staff
has drafted a Social Media Policy for Elected and Appointed Officials that provides guidelines and
recommendations to help ensure that any City -related information published is accurate, from an
identifiable source and in alignment with the Texas Public Information Act.
Background:
While elected officials and City Council -appointed board, committee and commission members
may maintain and use personal social networking sites, their status as elected/appointed officials
requires special consideration. If an elected or appointed official conducts any City business or
communication as an official from a personal account, professional account, or an account created
for board/committee/commission, officials should assume that any City -related communications
will be considered a public record subject to the Texas Public Information Act as set forth in Texas
Government Code.
Staff researched social media best practices and trends for elected officials both nationwide and in
the region. Cities across the nation are increasingly looking to adopt a policy outlining social media
guidelines for elected/appointed officials, and multiple professional resources indicated that the
Social Media for Elected/Appointed Officials adopted by the City of Durham, NC in 2017 is the
industry standard. The proposed policy being presented to the Coppell City Council is largely based
on the example from the City of Durham.
Additionally, staff polled appromately 35 cities in the Dallas Fort -Worth Metroplex to determine
regional trends. Of the eight responses received, four cities have a similar existing policy in place.
0
While the remaining four cities do not currently have a formal policy, each indicated that they are
looking into it.
Legal:
The proposed policy has been reviewed by the City Attorney.
Fiscal Impact:
N/A
Recommendation:
Staff is looking for feedback and direction on the proposed Social Media Policy for Elected and
Appointed Officials. If given direction to proceed, staff will use the feedback to make any necessary
adjustments to the proposed policy before making a presentation to Council for approval at a later
date.
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Guidelines for Elected Officials and Appointed Boards, Commissions and Committees Using
Personal or Professional Social Media Platforms
While elected officials and City Council -appointed board, committee and commission members
may maintain and use personal web pages and websites, blogs, and social networking sites,
their status as elected/appointed officials requires that the content of any postings on those
sites not be in violation of existing City laws, policies, directives, rules or regulations.
The City's image as a professional, nonpartisan organization is critical to maintaining the
respect of its constituents and operations free from personal opinions. Although the City
recognizes that elected and appointed officials may choose to express themselves by posting
personal information upon social media platforms or by making comments on sites hosted by
other persons, groups or organizations, this right of expression should not interfere with the
operation and governance of the City. That is, although the City acknowledges its officials have
the First Amendment right to free speech, the right is not absolute when involving matters of
official City business, issues or concerns.
If an elected or appointed official conducts any City business or communication as an official
from a personal account, professional account, or an account created for
board/committee/commission, officials should assume that any City -related communications
will be considered a public record subject to the Texas Public Information Act as set forth in
Chapter 552 of the Texas Government Code Sec. 552.002, as well as applicable portions of the
records retention laws.
Professional and Personal Conduct Standards
1. All officials are expected and required to conduct themselves in a manner consistent
with the City's policies and standards of conduct.
2. It is anticipated that from time to time, officials will have access to information that is
considered privileged or confidential under the Texas Government Code. Such
information is typically considered an exception to the public records law and may have
specific penalties for inappropriate disclosure. By way of example, such information may
include but is not limited to certain personnel information, non-public information from
criminal investigations and business trade secrets. Officials may not disclose any
confidential or privileged information about the City, its constituents, its employees, or
its contractors. Officials must be particularly careful to protect against the inadvertent
disclosure of confidential or privileged information.
3. Officials should be honest and accurate when posting information or news, and should
quickly correct any mistakes, misstatements and/or factual errors in content upon
discovery. Officials should not post or share information known to be false about the
City, its employees, constituents, other public officials, suppliers, vendors, or
contractors.
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4. Unless the official has been designated to serve as a spokesperson, officials should
never represent themselves as a spokesperson for the City Council, a City board or
committee, the City Administration, or any City department.
5. Officials are expressly prohibited from using personal or professional social media to
engage in any activity or conduct that violates federal, state, or local law. Officials are
also prohibited from using professional social media accounts to circumvent election or
campaign requirements, to campaign for re-election or endorse candidates for any
public office at any level of government or political subdivision.
6. Officials are prohibited from deleting posts and related comments regarding any City -
related matters to avoid violating record preservation requirements outlined in Texas
Government Code Sec. 552.
7. Officials should be mindful that posting content regarding City -related matters could
inadvertently result in the violation of the Open Meetings Law if enough other public
officials respond or comment on the post, resulting in a quorum. If this occurs, the
online conversation should immediately cease with no further posts by the officials and
the City Secretary should be immediately notified.
8. Officials are prohibited from using social media to engage in any activity that constitutes
a conflict of interest.
Additional Best Practices and Guidelines for Elected and Appointed Officials
The following best practices and guidelines are strongly recommended to ensure that the
personal and professional use of social media by elected and appointed officials is done so in a
responsible manner.
1. Public officials should separate personal social media accounts from professional social
media accounts so that City -related matters and all public records generated from those
posts are easily archived and to avoid city related information being intermingled with
personal posts not related to City matters.
a. If a professional social media account is created, then it becomes a Conduct
Standard, and the account must be archived. Officials are required to contact the
Chief Communications Strategist to connect the professional account to the
archiving service contract for data retention purposes.
2. Officials should exercise caution with respect to posted comments, particularly those
concerning the City and the business of the City.
3. Officials are strongly encouraged to consider the potential impact of social media
statements prior to posting. The City strives to be professional in its operations and
processes. Posts that express favoritism and/or bias for or against any individual or
group of individuals (e.g., based upon race, gender, national origin, sexual orientation,
political affiliation, etc.), reflect poorly on the public official, as well as the City and its
0
residents. Further, comments suggesting such treatment can expose the City to liability
and legal costs.
4. Officials should be mindful that members of the public who may appear before the City
Council as well as boards, commissions or committees come from all walks of life. Public
comments, in any forum — including on personal and professional social media accounts
— that contain racial slurs, profane language or acronyms for profane language, express
bigotry toward a group based on race, religion, national origin, sexual orientation,
gender, gender identity, party affiliation or any other legally protected classification may
be considered conduct unbecoming.
5. Officials should consider whether liking, sharing, retweeting or commenting on any
social media posts could be perceived as an endorsement of or about the City, its
employees, constituents, other public officials, suppliers, vendors, or contractors
relating to views on various issues, including political affiliation.
6. Officials should refrain from using social media accounts to communicate with City
employees about City -related matters as this creates a public record on employees'
personal accounts that must be retained per Public Records Law outlined in Texas
Government Code Sec. 552. If elected officials want the City's official pages to respond
to a social media inquiry, the following responses are suggested:
a. Twitter: "Tagging @CityofCoppell on your inquiry so staff may respond to you
directly."
b. Facebook: "Tagging @City of Coppell on your inquiry so staff may respond to you
directly."
c. Instagram: "Tagging @cityofcoppelltx on your inquiry so staff may respond to
you directly."
d. Other platforms, such as Nextdoor: "Please contact the City of Coppell directly so
staff may respond to you. You may also submit your inquiry online by visiting
: ...::./v✓v✓v✓:.:.:..p1.'..!.1:!..:..g.� .y.!�Djt or by calling the City of Coppell during
business hours at 972-462-0022."
7. Public officials should be cautious in using official City -provided logos, taglines, symbols
and photographs that belong to or are licensed by the City on personal social media
sites. Elected and appointed officials choosing to use official City -provided photographs
and identifying themselves as elected officials on personal social media sites should
tailor communications on those sites accordingly.
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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: August 24, 2021
Reference: Annual Vector Control Program Update
Introduction:
The purpose of this work session item is to update the Council on the status of The City of Coppell
Vector Control Program.
Background:
Our mission is to mitigate vector control diseases using effective and environmentally sensitive
methods and to reduce the risk of vector-borne diseases such as West Nile Virus.
The City is divided into six different mosquito management areas. Our staff traps mosquitoes in
each of these areas on Thursday, collects mosquito samples on Friday. Samples are sent to Dallas
County Public Health laboratory for testing.
The City receives sample results at noon on Monday. If a notification that confirms the presence
of WNV is received, the City sprays Monday and Tuesday night to minimize the risk to residents
and animals. Spraying as soon as possible helps eliminate the possibility of infected mosquitoes
transferring the virus to humans.
In addition to the trapping and spraying, City staff works on eliminating breeding habitats by using
a variety of biological and chemical products that control mosquito larvae or adults. Only products
approved by the U. S. Environmental Protection Agency (EPA) are used. Most products are
applied at extremely low volumes, typically a few ounces or less per acre.
Legal Review:
This item does not require legal review.
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Fiscal Impact:
There is no fiscal impact related to this item.
Recommendation:
No Council action is required on this item at this time.
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MEMORANDUM
To: Mayor and City Council
From: Vicki Chiavetta, Deputy City Manager
Date: August 20, 2021
Reference: Atmos 2021 Rate Review Mechanism Filing Presentation.
Introduction:
The City, along with 171 other Mid -Texas cities served by Atmos Energy Corporation, Mid -Tex
Division ("Atmos Mid -Tex" or "Company"), is a member of the Atmos Cities Steering Committee
("ACSC"). In 2007, ACSC and Atmos Mid -Tex settled a rate application filed by the Company
pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly
referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation).
That settlement created a substitute rate review process, referred to as Rate Review Mechanism
("RRM"), as a substitute for future filings under the GRIP statute.
Since 2007, there have been several modifications to the original RRM Tariff. The most recent
iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or
about April 1, 2021, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC
members. The Company claimed that its cost -of -service in a test year ending December 31, 2020,
entitled it to additional system -wide revenues of $43.4 million.
Application of the standards set forth in ACSC's RRM Tariff required Atmos to reduce its request to
$40.5 million, $29.3 million of which would be applicable to ACSC members. ACSC's consultants
concluded that the system -wide deficiency under the RRM regime should be $22.34 million instead
of the claimed $40.5 million. The amount of the $22.34 million deficiency applicable to ACSC
members would be $16.8 million.
After the Company reviewed ACSC's consultants' report, ACSC's Executive Committee and the
Company negotiated a settlement whereby the Company would receive an increase of $22.78 million
from ACSC Cities, but with a two-month delay in the Effective Date until December 1, 2021. This
should save ratepayers approximately $3.8 million.
13
The Executive Committee recommends a settlement at $22.78 million. The Effective Date for new
rates is December 1, 2021. ACSC members should take action approving the Resolution before
October 1, 2021.
PROOF OF REVENUES
Atmos generated proof that the rate tariffs attached to the Resolution will generate $22.78 million in
additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this memo. ACSC
consultants have agreed that Atmos' Proof of Revenues is accurate.
BILL IMPACT
The impact of the settlement on average residential rates is an increase of $1.28 on a monthly basis,
or 2.2 percent. The increase for average commercial usage will be $4.03 or 1.61 percent. A bill
impact comparison is attached as Attachment 2.
SUMMARY OF ACSC'S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP
PROCESS
ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring
declining expenses and increasing revenues while rewarding the Company for increasing capital
investment on an annual basis. The GRIP process does not allow any review of the reasonableness
of capital investment and does not allow cities to participate in the Railroad Commission's review of
annual GRIP filings or allow recovery of Cities' rate case expenses. The Railroad Commission
undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases
go into effect without any material adjustments. In ACSC's view, the GRIP process unfairly raises
customers' rates without any regulatory oversight. In contrast, the RRM process has allowed for a
more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital
investment.
RRM SAVINGS OVER GRIP
While residents outside municipal limits must pay rates governed by GRIP, there are some cities
served by Atmos Mid -Tex that chose to remain under GRIP rather than adopt RRM. Additionally,
the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become
effective on December 1, 2021, ACSC residents will maintain a slight economic monthly advantage
over GRIP and DARR rates. See Attachment 3.
EXPLANATION OF `BE IT ORDAINED" PARAGRAPHS:
1. This section approves all findings in the Resolution.
2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just,
reasonable, and in the public interest.
3. This section makes it clear that Cities may challenge future costs associated with gas leaks
like the explosion in North Dallas or the evacuation in Georgetown.
14
4. This section finds that existing rates are unreasonable. Such finding is a necessary predicate
to establishment of new rates. The new tariffs will permit Atmos Mid -Tex to recover an
additional $22.78 million from ACSC Cities.
5. This section approves an exhibit that establishes a benchmark for pensions and retiree medical
benefits to be used in future rate cases or RRM filings.
6. This section approves an exhibit to be used in future rate cases or RRM filings regarding
recovery of regulatory liabilities, such as excess deferred income taxes.
7. This section requires the Company to reimburse the City for expenses associated with review
of the RRM filing, settlement discussions, and adoption of the Resolution approving new rate
tariffs.
8. This section repeals any resolution or ordinance that is inconsistent with the Resolution.
9. This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
10. This section is a savings clause, which provides that if any section is later found to be
unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining
provisions of this Resolution. This section further directs that the remaining provisions of the
Resolution are to be interpreted as if the offending section or clause never existed.
11. This section provides for an effective date upon passage. December 1, 2021 represents a two-
month delay in the Effective Date established by the RRM tariff.
12. This section directs that a copy of the signed Resolution be sent to a representative of the
Company and legal counsel for ACSC.
CONCLUSION
The Legislature's GRIP process allowed gas utilities to receive annual rate increases associated with
capital investments. The RRM process has proven to result in a more efficient and less costly (both
from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process.
Given Atmos Mid-Tex's claim that its historic cost of service should entitle it to recover $43.4 million
in additional system -wide revenues, the RRM settlement at $22.78 million for ACSC Cities reflects
substantial savings to ACSC Cities. Settlement at $22.78 million (plus $3.8 million of additional
savings due to the two-month delay) is fair and reasonable. The ACSC Executive Committee
consisting of city employees of 18 ACSC members urges all ACSC members to pass the Resolution
before October 1, 2021. New rates become effective December 1, 2021.
LEGAL REVIEW
This was reviewed by the Attorney for ACSC and the City Attorney.
RECOMMENDATION
No approval needed at this time.
3
15
Attachment 1 to
Staff Memo
2021 RRM
Proof of Revenues
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Attachment 2
to 2021 RRM Staff Report
Bill Impact
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20
Attachment 3
to 2021 RRM Staff Report
RRM Monthly Savings Over GRIP and DARR Rates
21
ATMOS ENERGY CORP., MID-TEX DIVISION
RESIDENTIAL AVERAGE BILL COMPARISON
(EXCLUDING GAS COSTS)
ACSC DARR ATM ENVIRONS
Settled Settled Filing Filing
Customer Charge
$20.85
$23.80
$27.68
$25.90
Monthly Ccf [1]
45.2
52.7
45.2
45.2
Consumption Charge
$0.27979
$0.19526
$0.14846
$0.18653
Average Monthly Bill
$33.50
$34.09
$34.39
$34.33
-$0.60 -$0.89 -$0.83
[1] Recognizes that average normal usage for Dallas residential customers is greater than Mid -Tex average.
22
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, APPROVING A NEGOTIATED SETTLEMENT
BETWEEN THE ATMOS CITIES STEERING COMMITTEE
("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION
REGARDING THE COMPANY'S 2021 RATE REVIEW
MECHANISM FILING; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE
ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT; FINDING THE RATES TO BE SET BY THE
ATTACHED SETTLEMENT TARIFFS TO BE JUST AND
REASONABLE AND IN THE PUBLIC INTEREST; APPROVING
AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR
PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING
AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF
REGULATORY LIABILITY; REQUIRING THE COMPANY TO
REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES;
DETERMINING THAT THIS RESOLUTION WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS
OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE;
DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THIS RESOLUTION TO THE COMPANY AND
THE ACSC'S LEGAL COUNSEL.
WHEREAS, the City of Coppell, Texas ("City") is a gas utility customer of Atmos Energy
Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an
interest in the rates, charges, and services of Atmos Mid -Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a
coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid -Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review
Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a
substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the
23
Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of
serving the Atmos Mid -Tex Division; and
WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in
2018; and
WHEREAS, on about April 1, 2021, Atmos Mid -Tex filed its 2021 RRM rate request with
ACSC Cities based on a test year ending December 31, 2020; and
WHEREAS, ACSC coordinated its review of the Atmos Mid -Tex 2021 RRM filing
through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues
identified in the Company's RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid -Tex of $22.78
million applicable to ACSC Cities with an Effective Date of December 1, 2021; and
WHEREAS, ACSC agrees that Atmos' plant -in-service is reasonable; and
WHEREAS, with the exception of approved plant -in-service, ACSC is not foreclosed from
future reasonableness evaluation of costs associated with incidents related to gas leaks; and
WHEREAS, the two month delayed Effective Date from October 1 to December 1 will
save ACSC ratepayers approximately $3.8 million off new rates imposed by the attached tariffs
(Exhibit A); and
WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with
the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are
just, reasonable, and in the public interest; and
WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree
medical benefits (Exhibit B); and
2557/33/8275501
2
24
WHEREAS, the settlement agreement establishes an amortization schedule for regulatory
liability prepared by Atmos Mid -Tex (Exhibit C); and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses
associated with RRM applications;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
Section 1. That the findings set forth in this Resolution are hereby in all things approved.
Section 2. That, without prejudice to future litigation of any issue identified by ACSC,
the City Council finds that the settled amount of an increase in revenues of $22.78 million for
ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates,
operations, and services offered by Atmos Mid -Tex within the municipal limits arising from
Atmos Mid-Tex's 2021 RRM filing, is in the public interest, and is consistent with the City's
authority under Section 103.001 of the Texas Utilities Code.
Section 3. That despite finding Atmos Mid-Tex's plant -in-service to be reasonable, ACSC
is not foreclosed in future cases from evaluating the reasonableness of costs associated with
incidents involving leaks of natural gas.
Section 4. That the existing rates for natural gas service provided by Atmos Mid -Tex are
unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and
reasonable, and are designed to allow Atmos Mid -Tex to recover annually an additional $22.78
million from customers in ACSC Cities, over the amount allowed under currently approved rates.
Such tariffs are hereby adopted.
2557/33/8275501
3
25
Section 5. That the ratemaking treatment for pensions and retiree medical benefits in
Atmos Mid-Tex's next RRM filing shall be as set forth on Exhibit B, attached hereto and
incorporated herein.
Section 6. That subject to any future settlement or decision regarding the balance of Excess
Deferred Income Tax to be refunded to ratepayers, the amortization of regulatory liability shall be
consistent with the schedule found in Exhibit C, attached hereto and incorporated herein.
Section 7. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of
the ACSC in processing the Company's 2021 RRM filing.
Section 8. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this Resolution, it is hereby repealed.
Section 9. That the meeting at which this Resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 10. That if any one or more sections or clauses of this Resolution is adjudged to
be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted
as if the offending section or clause never existed.
Section 11. That consistent with the City Ordinance that established the RRM process,
this Resolution shall become effective from and after its passage with rates authorized by attached
tariffs to be effective for bills rendered on or after December 1, 2021.
Section 12. That a copy of this Resolution shall be sent to Atmos Mid -Tex, care of Chris
Felan, Vice President of Rates and Regulatory Affairs Mid -Tex Division, Atmos Energy
Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato,
2557/33/8275501
4
26
General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, BY A VOTE OF TO , ON THIS THE DAY OF , 2021.
ATTEST:
Ashley Owens, City Secretary
APPROVED AS TO FORM:
Robert E. Hager, City Attorney
2557/33/8275501
Wes Mays, Mayor
5
27
Exhibit A
to 2021 RRM Resolution or Ordinance
Mid -Tex Tariffs
Effective December 1, 2021
28
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RRC Tariff No:
RATE SCHEDULE:
R — RESIDENTIAL SALES
APPLICABLE TO:
ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021
PAGE:
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Bill
$ 20.85 per month
Rider CEE Surcharge
$ 0.05 per month'
Total Customer Charge
$ 20.90 per month
Commodity Charge — All Ccf
$0.27979 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
'Reference Rider CEE -Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2021.
29
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE:
C — COMMERCIAL SALES
APPLICABLE TO:
ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021
PAGE: Page
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Bill
$ 56.50 per month
Rider CEE Surcharge
$ 0.01 per month'
Total Customer Charge
$ 56.51 per month
Commodity Charge — All Ccf
$ 0.12263 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
'Reference Rider CEE -Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2021.
30
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE:
I — INDUSTRIAL SALES
APPLICABLE TO:
ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021
PAGE:
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Meter
$ 1,054.75 per month
First 0 MMBtu to 1,500 MMBtu
$ 0.4330 per MMBtu
Next 3,500 MMBtu
$ 0.3171 per MMBtu
All MMBtu over 5,000 MMBtu
$ 0.0680 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
31
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RRC Tariff No:
RATE SCHEDULE:
I — INDUSTRIAL SALES
APPLICABLE TO:
ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021
PAGE:
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
32
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE:
T — TRANSPORTATION
APPLICABLE TO:
ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021
PAGE:
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge
Amount
Customer Charge per Meter
$ 1,054.75 per month
First 0 MMBtu to 1,500 MMBtu
$ 0.4330 per MMBtu
Next 3,500 MMBtu
$ 0.3171 per MMBtu
All MMBtu over 5,000 MMBtu
$ 0.0680 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu
between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer's receipt quantities for the month.
33
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RRC Tariff No:
RATE SCHEDULE:
T — TRANSPORTATION
APPLICABLE TO:
ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021
PAGE:
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
34
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER:
WNA — WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO:
ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021
PAGE:
Provisions for Adiustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalization Adiustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Ccf by the following formula:
(HSFi x (NDD-ADD) )
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Ccf
Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi = heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA; = WNAFi x q;j
Where q;j is the relevant sales quantity for the jth customer in ith rate schedule.
35
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER:
WNA — WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO:
ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 12/01/2021
PAGE:
Base Use/Heat Use Factors
Weather Normalization Adiustment (WNA) Report
On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
36
Residential
Commercial
Base use
Heat use
Base use
Heat use
Weather Station
Ccf
Ccf/HDD
Ccf
Ccf/HDD
Abilene
11.88
0.1459
85.39
0.6996
Austin
10.34
0.1452
194.82
0.9398
Dallas
15.21
0.1915
148.19
1.0986
Waco
10.63
0.1373
130.39
0.7436
Wichita
12.63
0.1398
109.17
0.5803
Falls
Weather Normalization Adiustment (WNA) Report
On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
36
Exhibit B
to 2021 RRM Resolution or Ordinance
Mid -Tex
2021 Benchmark for Pensions
and Retiree Benefits
37
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38
Exhibit C
to 2021 RRM Resolution or Ordinance
Mid -Tex 2021 Schedule for
Amortization for Regulatory Liability
39
ATMOS ENERGY CORP., MID-TEX DIVISION
RATE BASE ADJUSTMENTS
TEST YEAR ENDING DECEMBER 31, 2020
AMORTIZATION OF REGULATORY LIABILITY
40
Total
Total
Beginning
Protected &
Protected &
Line
Year Ended
Beginning
Protected
Ending Protected
Unprotected
Unprotected Ending Unprotected
Unprotected
Unprotected
No.
Dec. 31
Protected Balance
Amortization
Balance
Balance
Amortization
Balance
Amortization
Balance
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
1
2017 (3)
$ - $
-
$ (51,477,654) $
-
$ - $
343,746,535 $
- $
292,268,881
2
2018
(51,477,654)
494,977
(50,982,677)
343,746,535
(3,513,868)
340,232,667
(3,018,891)
289,249,991
3
2019
(50,982,677)
1,979,910
(49,002,767)
340,232,667
(14,057,872)
326,174,795
(12,077,963)
277,172,028
4
2020
(49,002,767)
1,979,910
(47,022,857)
326,174,795
(13,988,908)
312,185,886
(12,008,999)
265,163,029
5
2021
(47,022,857)
3,464,842
(43,558,015)
312,185,886
(26,390,127)
285,795,760
(22,925,284)
242,237,745
6
2022
(43,558,015)
1,979,910
(41,578,105)
285,795,760
(60,167,528)
225,628,231
(58,187,619)
184,050,126
7
2023
(41,578,105)
1,979,910
(39,598,195)
225,628,231
(60,167,528)
165,460,703
(58,187,619)
125,862,508
8
2024
(39,598,195)
1,979,910
(37,618,286)
165,460,703
(60,167,528)
105,293,175
(58,187,619)
67,674,889
9
2025
(37,618,286)
1,979,910
(35,638,376)
105,293,175
(60,167,528)
45,125,646
(58,187,619)
9,487,270
10
2026
(35,638,376)
1,979,910
(33,658,466)
45,125,646
(45,125,646)
(0)
(43,145,737)
(33,658,466)
11
2027
(33,658,466)
1,979,910
(31,678,556)
(0)
0
1,979,910
(31,678,556)
12
2028
(31,678,556)
1,979,910
(29,698,647)
-
-
1,979,910
(29,698,647)
13
2029
(29,698,647)
1,979,910
(27,718,737)
-
-
1,979,910
(27,718,737)
14
2030
(27,718,737)
1,979,910
(25,738,827)
-
-
1,979,910
(25,738,827)
15
2031
(25,738,827)
1,979,910
(23,758,917)
-
-
1,979,910
(23,758,917)
16
2032
(23,758,917)
1,979,910
(21,779,007)
-
-
1,979,910
(21,779,007)
17
2033
(21,779,007)
1,979,910
(19,799,098)
-
-
1,979,910
(19,799,098)
18
2034
(19,799,098)
1,979,910
(17,819,188)
-
-
1,979,910
(17,819,188)
19
2035
(17,819,188)
1,979,910
(15,839,278)
-
-
1,979,910
(15,839,278)
20
2036
(15,839,278)
1,979,910
(13,859,368)
-
-
1,979,910
(13,859,368)
21
2037
(13,859,368)
1,979,910
(11,879,459)
-
-
1,979,910
(11,879,459)
22
2038
(11,879,459)
1,979,910
(9,899,549)
-
-
1,979,910
(9,899,549)
23
2039
(9,899,549)
1,979,910
(7,919,639)
-
-
1,979,910
(7,919,639)
24
2040
(7,919,639)
1,979,910
(5,939,729)
-
-
1,979,910
(5,939,729)
25
2041
(5,939,729)
1,979,910
(3,959,820)
-
-
1,979,910
(3,959,820)
26
2042
(3,959,820)
1,979,910
(1,979,910)
-
-
1,979,910
(1,979,910)
27
2043
(1,979,910)
1,979,910
0
-
-
1,979,910
0
28
29
Revenue Related
Tax Factor
See WP F-5.1
6.79%
30
Revenue Related
Taxes on Annual Amortization
Amortization * Tax Factor
$
3,949,355
31
Amortization Including
Revenue Related Taxes
Amortization + Taxes
$
62,136,973
32
33
Notes:
34
1. The annual amortization of the protected balance is a 26
year recovery period based
on the Reverse South Georgia Method. The
annual amortization of
the unprotected balance is 5 years.
35
2. The Regulatory
Liability is recorded to FERC
Accounts 253 and 242, Sub Account 27909.
36
3. This is the final
Mid -Tex liability balance
fling the Fiscal Year 2018 tax return.
40
July 21, 2021
FREQUENTLY ASKED QUESTIONS REGARDING
ACSC HISTORY AND THE RRM RATEMAKING PROCESS
What is the role of Cities in ratemaking?
Cities have historically exercised original jurisdiction over the level of gas rates charged
within their boundaries. Generally, gas distribution utilities have filed rate cases at the City level and
have only gone to the Railroad Commission of Texas ("RCT" or "Commission") with an appeal of
City action or when they could not reach a settlement with Cities. If a utility and Cities reach an
agreement, the utility may then file a case at the RCT to implement the same rates approved by Cities
in areas outside municipal boundaries.
Once a case is at the RCT, the Commission Staff generally expects Cities to intervene and do
most of the discovery, cross-examination, briefing, and sponsor opposing witnesses. There is no
consumer advocate at the RCT. If Cities do not participate in hearings at the RCT, the request of a
regulated utility is likely to be rubber-stamped.
How and why was the Atmos Cities Steering Committee created?
The Atmos pipeline and distribution systems were built, owned, and operated by Lone Star
Gas ("LSG"), which maintained over 200 rate jurisdictions until it sold its assets to Texas Utilities
("TXU") in the late 1990's. That meant that many Cities had their own unique distribution rates and
that individual Cities had to process rate cases at the local level. LSG-Pipeline served all 200 -plus
distribution systems, and pipeline rates were set by the RCT.
From the early 1980's through the late 1990's, LSG filed no pipeline or system -wide rate
cases at the RCT. When LSG was finally brought before the RCT to show cause why its rates should
not be reduced, approximately 80 Cities intervened and created an ad hoc group known as the
Steering Committee of Cities Served by Lone Star. In Gas Utilities Division ("GUD") docket
number 8664, three separate groups of Cities and a number of independent Cities (jointly the
"Aligned Cities") participated and coordinated their efforts to oppose the rate increase.
TXU purchased the LSG assets in the late 1990's and immediately commenced consolidating
200 -plus ratemaking jurisdictions into regions. As regional cases were filed, Cities within each
region created an ad hoc committee to form a common strategy and negotiating position. Once TXU
had aggregated the Cities into five or six jurisdictions, each with a different rate, Texas Utilities Gas
Company filed a system -wide case to bring all of the old LSG territory under one common rate. The
different City regional committees then united and formed the Allied Coalition of Cities ("ACC").
While the gas utility assets were owned and controlled by TXU, the coalition transformed itself from
an ad hoc group that came together only in response to rate filings by the utility into a permanent
standing coalition.
In Gas Utilities Docket ("GUD") No. 9400 in 2004, TXU's request for a $61.6 million
system -wide increase was aggressively opposed by ACC. Cities achieved disallowances of $42.9
million of a regulatory asset and $87.8 million of capitalized gas utility plant. The company received
only a $2.01 million increase. Unhappy with that result, TXU decided that owning a gas system was
neither as fun nor as profitable as the deregulated electric system, and they sold the system to Atmos
Energy Corporation ("Atmos" or "Company"). ACC was then transformed into the Steering
2557/28/7898547 1
41
Committee of Cities Served by Atmos and then renamed Atmos Cities Steering Committee to obtain
an easy to remember acronym, "ACSC."
What is the Atmos Cities Steering Committee?
ACSC is a coalition of 175 Cities that unite in common purpose to address gas utility rate and
franchise issues related to Atmos Energy Corporation. Its objectives are to: (1) ensure that gas utility
rates charged to Cities and their residents are fair and reasonable; (2) maintain safe and reliable gas
utility service; (3) protect cities' original jurisdiction over rates and services; (4) maintain reasonable
franchise revenue for cities; and (5) promote sound ratemaking policies in the public interest.
Cities join the permanent standing committee by passing a resolution and agreeing to support
the work of ACSC through modest occasional per capita assessments that support ongoing
administrative and legislative advocacy and all expenses where Cities are not entitled to
reimbursement. Each member City designates a representative to ACSC. Member representatives
may volunteer to serve on the ACSC Executive Committee. The Executive Committee sets policy,
hires legal counsel and consultants, directs litigation, establishes a legislative agenda, sets
assessments on members as needed, and meets quarterly with Atmos executives. The Settlement
Committee is directly involved in negotiating resolution of contested matters with Atmos executives.
The list of current members is attached.
What is the benefit of membershin in ACSC?
One hundred seventy Cities speaking as one voice is much more effective in advocacy before
the Railroad Commission and legislature than any one City or multiple small groups of Cities.
The legislature has given gas utilities a right to an annual increase in rates. Resources (both
financial and human) of individual Cities are conserved by membership in ACSC. Additionally,
membership enhances institutional memory of ratemaking issues, public policy debates, and right-of-
way and franchise fee battles.
What has ACSC accomplished?
ACSC has been instrumental in saving consumers from paying hundreds of millions of
unreasonable gas utility costs. This advocacy helps taxpayers and the Texas economy.
ACSC is involved in the legislative process to make sure consumers and taxpayers are
represented on gas utility matters. ACSC advocates for reasonable rates and safe and reliable
service. ACSC has maintained a watchful eye on the process to ensure that provisions that could
harm the interest of gas utility ratepayers are excluded from the legislation.
ACSC has also resolved a major issue involving franchise fees. In 2010, Atmos unilaterally,
without notice, ceased inclusion of franchise fees in the calculations of gross receipts regardless of
whether specific franchises included such payments. Several Cities were willing to pursue the matter
through litigation. However, counsel for ACSC was able to negotiate a resolution that allowed each
member City to determine whether it desired an increase in franchise fee payments based on
inclusion of franchise fees in the calculation of gross receipts. If a City opted for inclusion of fee -on -
fee revenues, it had the further option of retroactive payments back to the point in time that Atmos
decided to curtail fee -on -fee payments. Each member had these options regardless of the wording of
2557/28/7898547 2
42
the then -valid franchise agreement. This resolution spared significant litigation costs and anxiety and
was only possible because of the clout of the ACSC membership.
One of the most significant accomplishments of ACSC occurred in 2007 via a settlement of
the then -pending, system -wide rate case. Approximately 50 ACSC City representatives showed up
in Arlington for a meeting with Atmos executives who were shocked at the vocal opposition to
Atmos' practices, the unfairness of annual Gas Reliability Infrastructure Program ("GRIP") rate
filings that precluded City and citizen review, and the Company's lack of coordination with Cities.
That meeting led to the creation of the Rate Review Mechanism ("RRM") process and improved
ongoing communications between the Company and ACSC.
In 2010, these improved communications between ACSC and the Company led to a workable
solution to the need to replace steel service lines in a manner that accommodated Cities' needs to
control their rights-of-way, while moderating the rate impact and focusing first on the riskiest service
lines based on leak repair histories. This compromise precluded a more onerous (from a City and
consumer perspective) program threatened by the RCT.
What is an RRM case?
The concept of an RRM proceeding emerged as a three-year experimental substitute for
GRIP cases as part of the settlement of Atmos Mid-Tex's 2007 system -wide rate case. In 2003, the
Texas Legislature added Section 104.301, Interim Adjustment for Changes in Investment, to the Gas
Utility Regulatory Act. While not identified as such in the law, § 104.301 was referred to as the Gas
Reliability Infrastructure Program or GRIP. The GRIP adjustments allowed gas companies to
recover changes to invested capital without a review of whether increased revenues or declining
expenses offset the invested capital costs. Both Atmos Pipeline and Atmos Mid -Tex filed GRIP
cases as soon as the RCT adopted rules to implement the interim adjustments. As explained below, it
quickly became apparent that the GRIP adjustments were terrible public policy.
As an alternative to GRIP, ACSC entered into a negotiated agreement with Atmos in 2007 to
establish the RRM process. Unlike GRIP, the RRM provided for an annual review of all portions of
Mid-Tex's cost of service. It fixed an authorized rate of return on equity for the three-year period at
9.6% (which was less than what the RCT would have authorized) and set caps on the extent to which
expenses or investments could increase from one year to the next. More importantly, it allowed
Cities to make a comprehensive evaluation of all aspects of the utility's business investment,
operation and maintenance expenses, and revenues unlike GRIP that only allows consideration of
changes to invested capital.
Why is RRM superior to GRIP?
GRIP cases guarantee a one-sided, rubber-stamp approval of the utility's rate request. ACSC
attempted to participate in the first two GRIP proceedings filed by both Atmos Pipeline and Atmos
Mid -Tex at the RCT. Not only were Cities' motions to intervene denied, but also, ACSC's
comments were ignored. At the City level, ACSC consultants determined that Atmos was not only
including items such as artwork, chairs, computers, and meals in interim rate adjustments that were
allegedly intended to promote pipeline safety, but the Company was also over -earning its previously
authorized rate of return. ACSC attacked the Commission's rule in court because it denied City
participation, denied a hearing on a contested matter, and denied Cities' recovery of any expenses
2557/28/7898547 3
43
associated with resisting GRIP rate increases. In 2011, the Texas Supreme Court upheld the
Commission's rule implementing the GRIP statute.
Cities have contended that the GRIP process is terrible public policy since it authorizes what
would, from the perspective of a history of public interest regulation, be regarded as unlawful
piecemeal ratemaking. GRIP allows rates to increase if the utility's invested capital net of
depreciation increases year -over -year. An increase in rates is mandated under GRIP if investment
increases, even if increasing revenues and declining expenses more than offset the costs associated
with increased investment.
The RRM process negotiated by ACSC solves the piecemeal ratemaking problem by
providing for a comprehensive review of Atmos' expenses and revenues. Furthermore, the RRM
process benefitted ACSC by: (1) allowing Cities' participation that would be denied under GRIP; (2)
allowing Cities to recover, at utility shareholders' expense, all their ratemaking costs; and
(3) avoiding both litigation and RCT jurisdiction.
The legislature has functionally authorized annual increases in gas utility rates through the
GRIP process. Since consumers are otherwise stuck with annual rate increases, it is better to have
Cities participate in the comprehensive RRM process than be unable to participate in a piecemeal
process.
What has been the history of the RRM efforts?
A total of thirteen RRM filings have been made by the Company. These filings all resulted
in settlements at the City level, except for the 2014 filing, which the ACSC Cities denied. The
Company appealed the denial to the RCT, and ACSC was ultimately able to settle that proceeding
before it reached the stage of a final RCT order. The results of these filings from a system -wide
perspective are as follows (continued on next page):
RRM Filing
Year
Atmos Request
ACSC Settlement
91
2008
$33.5 million
$20 million
92
2009
$20.2 million
$2.6 million
93
2010
$70.2 million
$27 million
94
2011
$15.7 million
$6.6 million
95
2013
$22.7 million
$16.6 million
96
2014
$45.7 million
$43.8 million
97
2015
$28.8 million
$22.8 million
98
2016
$35.4 million
$29.6 million
99
2017
57.4 million
$48 million
910
2018
$27.4 million
$24.9 million
911
2019
$54.1 million
$48.7 million
912
2020
$136.3 million
$124.3 million
913
2021
$40.5 million
$31.5 million
Unable to reach agreement to perpetuate the original RRM terms, Atmos filed a traditional rate case
with Cities in 2012 (GUD No. 10170), which was then appealed to the Railroad Commission. A
final order in that case was entered in December 2012. The ratemaking decisions of the Commission
then became the basis of renewal negotiations on the RRM process. The renewed RRM included
some modifications that enhanced the original RRM process. Among these modifications were:
2557/28/7898547 4
44
• A limit on the percentage of increase to be included in the monthly customer charge;
• A prohibition against capital post-test year adjustments;
• A time limit for known and measurable adjustments to operating and maintenance
expenses;
• A guaranteed reduction in the Company's requested increase of at least $3 million
annually; and
• A limitation on the amount of equity in the Company's capital structure.
ChanLyes to the RRM process
As noted in a communication to ACSC in May 2017, the rate of return on equity ("ROE")
embedded in the RRM process between 2013 and 2017 of 10.5% is excessive by at least 100 basis
points, based upon a reasonable rate of return that reflects the market conditions in which the
Company, and its parent Atmos Energy, operates. Because this ROE cannot be altered except by (1)
changing the terms of the RRM tariff, or (2) a Commission order coming out of a new rate case,
ACSC informed the Company that the 2017 RRM will be the last filing by the Company under the
current tariff. Atmos agreed to renegotiate the terms and conditions of a revised RRM tariff in 2017.
In February and March 2018, ACSC adopted a new RRM tariff ordinance that implemented
new procedures and criteria for the RRM process. The revised RRM tariff reduced the allowed ROE
from 10.5% to 9.8% and captured the reduced federal income tax rate of 21%. The new tariff
expanded Cities' review period from three months to five months. It also required Atmos Mid -Tex
to accept ACSC's position regarding incentive compensation related to Atmos' Shared Services Unit.
The 2019 RRM filing is the second under the new tariff.
When must Cities approve new rates?
ACSC's Tariff Ordinance adopted around March 2018 declares that new rates become
effective October Is' of each year. Due to Covid the rate increases were delayed in 2020 and 2021
until December 1 of each year. The deadline for city action remained at October 1 under the RRM
tariff in those years. While it is preferable that ordinances or resolutions adopting new tariffs are
passed before the end of September, there is no adverse consequence if final action cannot take place
until sometime in October. The only thing that will frustrate new rates becoming effective on
October 1 (or December 1 in 2020 and 202 1) is City action that specifically denies the increase.
What would happen if a City Council denies the RRM rate increase?
Atmos would either appeal the denial to the Railroad Commission or initiate imposition of
GRIP rates or both. Rates for residents of that City would be higher than rates of other ACSC
member residents. Rate case expenses (both the City and Company) associated with litigation at the
Railroad Commission would likely be surcharged back to the City that denied the increase.
If you have other questions please contact Thomas Brocato at (512) 322-5857 and/or
tbrocato(&,Iglawfirm.com (512) 322-5832.
2557/28/7898547 5
45
C',P FE L
File ID: 2021-5862
Version: 1
File Name: Minutes 8/10/21
City of Coppell, Texas
Master
File Number: 2021-5862
Type: Agenda Item
Reference:
Title: Consider approval of minutes: August 10, 2021.
Notes:
Sponsors:
Attachments: CM 2021-08-10.pdf
Contact:
Drafter:
Related Files:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: City Council
File Created: 08/16/2021
Final Action:
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
History of Legislative File
ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5862
Title
Consider approval of minutes: August 10, 2021.
Summary
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas
Page 1
Printed on 8/20/2021
46
C'I -L
Tuesday, August 10, 2021
WES MAYS
Mayor
CLIFF LONG
Place 1
DON CARROLL
Place 3
KEVIN NEVELS
Place 4
City of Coppell, Texas
Minutes
City Council
5:30 PM
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
BRIANNA HINOJOSA-SMITH
Mayor Pro Tem
JOHN JUN
Place 5
BIJU MATHEW
Place 6
MARK HILL
Place 7
Council Chambers
MIKE LAND
City Manager
Present 8 - Wes Mays -,Cliff Long;Brianna Hinojosa-Smith;Don Carroll -,Kevin Nevels;John
Jun;Biju Mathew and Mark Hill
Also present were Deputy City Managers Vicki Chiavetta and Traci Leach, City Attorney
Bob Hager, and City Secretary Ashley Owens.
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
August 10, 2021 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
The purpose of the meeting is to consider the following items:
1. Call to Order
Mayor Wes Mays called the meeting to order, determined that a quorum was
present and convened into the Executive Session at 5:31 p.m.
2. Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.071, Texas Government Code - Consultation with City Attorney.
City of Coppell, Texas
Consultation with City Attorney regarding City of Coppell; City of Humble;
City of DeSoto; City of Carrollton vs. Glenn Hegar, in his official capacity
as Texas Comptroller of Public Accounts.
Page 1
47
City Council
Minutes
Discussed under Executive Session
3. Work Session (Open to the Public) 1st Floor Conference Room
August 10, 2021
Mayor Wes Mays adjourned the Executive Session at 5:59 p.m. and convened
into the Work Session at 6:01 p.m.
A. Discussion regarding agenda items.
B. Presentation by Coppell Arts Center Foundation.
C. Presentation by BJ Wagner of the Meadows Mental Health Policy
Institute regarding a proposal to conduct a Mental Health Needs
Assessment for the Metrocrest Services region.
D. Discussion regarding Parker and Hollywood Drive Outfalls
reconstruction.
E. Discussion regarding liaison assignment to Carrollton Regional
Medical Center Community Advisory Board.
F. Discussion regarding Boards and Commissions Process.
Presented in Work Session
Regular Session
Mayor Wes Mays adjourned the Work Session at 7:31 p.m. and reconvened into
the Regular Session at 7:38 p.m.
4. Invocation 7:30 p.m.
Kamal Manik with Generate Life Church gave the invocation.
5. Pledge of Allegiance
Mayor Wes Mays and the City Council led those present in the Pledge of
Allegiance.
6. Citizens' Appearance
Mayor Wes Mays advised that no one signed up to speak.
Presentations
7. Presentation by Tracy Eubanks regarding Metrocrest Services Capital
Campaign.
Metrocrest Services CEO Tracy Eubanks made a presentation to City Council.
8. Annual report by SPAN Transit Services.
Diane Beck with SPAN Transit Services made a presentation to City Council.
Proclamations
City of Coppell, Texas
Page 2
48
City Council
Minutes
August 10, 2021
9. Consider approval of a Proclamation designating August 10, 2021, as
"Human Trafficking Awareness Day"; and authorizing the Mayor to sign.
Mayor Wes Mays read the proclamation into the record and presented the
same to Tracy Fisher, Sinmin Pak, and Nancy Wang.
A motion was made by Mayor Pro Tem Brianna Hinojosa-Smith, seconded by
Councilmember Biju Mathew, that this Agenda Item be approved. The motion
passed by an unanimous vote.
10. Consent Agenda
A. Consider approval of the minutes: July 27, 2021.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Kevin Nevels, that Consent Agenda Items A-E be approved.
The motion passed by an unanimous vote.
B. Consider approval of an Ordinance for a zoning change request from
PD -250R8 -H (Planned Development - 250 -Revision 8 -Historic) to
PD -250R25 -H (Planned Development -250 -Revision 25 - Historic), to
approve a Detail Site Plan for a 7,631 -square -foot, 2 -story mixed-use
building with retail on the first floor and residential on the second floor; on
0.196 acres of property located at 755 W. Main Street; and authorizing
the Mayor to sign.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Kevin Nevels, that Consent Agenda Items A-E be approved.
The motion passed by an unanimous vote.
Enactment No: OR 91500-A-769
C. Consider approval of awarding Bid # Q-0721-01 Parker and Hollywood
Drive Outfalls reconstruction to A & B Construction, LLC; in the amount of
$218,500.00 for the reconstruction of two storm sewer outfalls; funded
through 2020 Bond proceeds; and authorizing the City Manager to sign
all necessary documents.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Kevin Nevels, that Consent Agenda Items A-E be approved.
The motion passed by an unanimous vote.
D. Consider approval of awarding the contract for the replacement of the
roof at the Rolling Oaks Columbarium to the Garland Company in the
amount of $96,941.00 as budgeted in the Rolling Oaks Memorial
Cemetery Special Revenue Fund; and authorizing the City Manager to
sign any necessary documents.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Kevin Nevels, that Consent Agenda Items A-E be approved.
The motion passed by an unanimous vote.
City of Coppell, Texas
Page 3
49
City Council Minutes August 10, 2021
E. Consider approval of an agreement renewal between the City of Coppell
and SPAN, Inc., for the provision of transit services for Senior Citizens
and Citizens with Disabilities; as provided for by the Care's Act funding
as dispensed through SPAN, Inc.; and authorizing the City Manager to
sign any necessary documents.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Kevin Nevels, that Consent Agenda Items A-E be approved.
The motion passed by an unanimous vote.
End of Consent Agenda
is all QI[is aA_1V10lei
To receive public comment on the proposed 2021-22 Budget for the
Coppell Crime Control and Prevention District.
Presentation: Kim Tiehen, Assistant Director of Finance, made a presentation
to the City Council regarding the Crime Control and Prevention District Budget.
Mayor Wes Mays opened the Public Hearing and stated that no one signed up
to speak.
A motion was made by Mayor Pro Tem Brianna Hinojosa-Smith, seconded by
Councilmember Cliff Long, to close the Public Hearing. The motion passed by
an unanimous vote.
12. PUBLIC HEARING:
To receive public comment concerning the proposed 2021-22 Municipal
Budget.
Presentation: Kim Tiehen, Assistant Director of Finance, made a presentation
to the City Council regarding the Municipal Budget
Mayor Wes Mays opened the Public Hearing and stated that no one signed up
to speak.
A motion was made by Councilmember Kevin Nevels, seconded by
Councilmember Don Carroll, to close the Public Hearing. The motion passed
by an unanimous vote.
13. PUBLIC HEARING:
To receive public comment concerning the proposed 2021-22 tax rate of
$0.58000.
Presentation: Kim Tiehen, Assistant Director of Finance, made a presentation
to the City Council regarding the proposed tax rate.
Mayor Wes Mays opened the Public Hearing and stated that no one signed up
to speak.
A motion was made by Mayor Pro Tem Brianna Hinojosa-Smith, seconded by
Councilmember Cliff Long, to close the Public Hearing. The motion passed by
an unanimous vote.
City of Coppell, Texas
Page 4
50
City Council
Minutes
August 10, 2021
14. Consider approval of an Ordinance approving and adopting the budget
for the City of Coppell, Texas for the fiscal year of October 1, 2021,
through September 30, 2022; and authorizing the Mayor to sign.
Presentation: Kim Tiehen, Assistant Director of Finance, made a presentation
to the City Council.
A motion was made by Councilmember Don Carroll, seconded by
Councilmember Mark Hill, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Enactment No: OR 2021-1563
15. Consider approval of an Ordinance of the City of Coppell, Texas levying
the ad valorem taxes for the year 2021 at $0.5800 on each one hundred
dollars ($100) assessed value of taxable property, on which $0.472211
is for operations and maintenance and $0.107789 is for interest and
sinking; and authorizing the Mayor to sign.
Presentation: Kim Tiehen, Assistant Director of Finance, made a presentation
to the City Council.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember John Jun, to adopt a tax rate of $.5517 (no new revenue rate).
As authorized by Section 551.071(2) of the Texas Government Code, Mayor Wes
Mays convened into closed Executive Session at 9:19 p.m. to seek consultation
from the City Attorney and reconvened into the Regular Session at 9:30 p.m.
The motion failed (2-5) by the following vote:
Aye: 2 - Councilmember John Jun, Councilmember Biju Mathew
Nay: 5 - Mayor Pro Tem Brianna Hinojosa-Smith, Councilmember Cliff Long,
Councilmember Don Carroll, Councilmember Kevin Nevels, Councilmember
Mark Hill
A motion was made by Mayor Pro Tem Brianna Hinojosa-Smith, seconded by
Councilmember Cliff Long, that this Agenda Item be approved.
The motion carried (5-2) by the following vote.
Aye: 5 - Mayor Pro Tem Brianna Hinojosa-Smith, Councilmember Cliff Long,
Councilmember Don Carroll, Councilmember Kevin Nevels, Councilmember
Mark Hill
Nay: 2 - Councilmember John Jun, Councilmember Biju Mathew
Enactment No: OR 2021-1564
16. Consider ratification of the vote on the FY 2021-22 annual budget which
results in more revenue from ad valorem taxes than the previous year.
City of Coppell, Texas
Presentation: Kim Tiehen, Assistant Director of Finance, made a presentation
Page 5
51
City Council
Minutes
to the City Council.
August 10, 2021
A motion was made by Councilmember Mark Hill, seconded by Mayor Pro Tem
Brianna Hinojosa-Smith, that this Agenda Item be approved.
The motion carried (5-2) by the following vote.
Aye: 5 - Mayor Pro Tem Brianna Hinojosa-Smith, Councilmember Cliff Long,
Councilmember Don Carroll, Councilmember Kevin Nevels, Councilmember
Mark Hill
Nay: 2 - Councilmember John Jun, Councilmember Biju Mathew
17. Consider approval to enter into a contract with McMahon Contracting,
L.P.; for the reconstruction of S. Belt Line Road; in the amount of
$18,319,034.55; with a maximum potential incentive of $300,000.00; for
a total award amount of $18,619,034.55: as provided for by 2021 Street
CIP Fund; 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 Kevin Nevels, seconded by
Councilmember Mark Hill, that this Agenda Item be approved. The motion
passed by an unanimous vote.
18. Consider approval for award to enter into a contract with Kleinfelder, Inc.
to provide materials engineering and testing services on S. Belt Line Rd
reconstruction project in the amount of $154,600.00; as budgeted from
the 2021 Street CIP Fund; 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 Cliff Long, seconded by
Councilmember Kevin Nevels, that this Agenda Item be approved. The motion
passed by an unanimous vote.
19. City Manager Reports - Project Updates and Future Agendas
City of Coppell, Texas
City Manager Mike Land reported the following project updates:
Construction on Airline Road is still on track to be complete by the end of
August. Crews are finishing up sidewalks and landscaping.
The paving is 50% complete on Cambria Drive.
Sewer line work on Plantation Road is continuing this week.
Intersection Improvements — work at Parkway Boulevard is progressing. The
majority of paving is down for the northbound left -turn lane and the eastbound
Page 6
52
City Council
Minutes
August 10, 2021
right -turn lane. Three mast arms have been installed. Crews will begin the east
side of Parkway Boulevard the week of August 23rd. We will provide safe
routes to schools at all times.
20. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
On Saturday, August 21st from 8 to 11 a.m. at the Coppell Arts Center, the
Chamber of Commerce will be hosting a Community Health and Wellness
Expo. Speak with wellbeing experts, browse the show and join in the
activities. The Expo is the place to go for the latest in fitness, nutrition, healthy
psychology, workplace wellness and more, featuring technologies and
practitioners who are leading the health and fitness revolution. Enjoy demos
and healthy family activities, such as giant Jenga, putting greens, stretching,
massage chairs, an obstacle course, free COVID-19 vaccinations and more.
This is a free community event open to the public. For information please visit
the Chamber's website at coppellchamber.org.
On Saturday evening, August 21st at 8:30 p.m. The Coppell Arts Center's
Drive -In Movies Series is featuring Monsters, Inc. Tickets to the Drive -In are
sold per vehicle for $15. The Parking Lot opens at 8 pm and spots are
first-come, first served. Concessions will be available on-site for purchase. For
more information visit: www.CoppellArtsCenter.org
Participate in local government and give back to the community by serving on
one of the City of Coppell's Boards or Commissions. The City is seeking
passionate individuals to be a part of Boards and Commissions that help guide
development, future needs, regulations, and more for Coppell. Applications
will be accepted online at coppelltx.gov/boards now through September 13,
2021.
21. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
Mayor Pro Tem Brianna Hinojosa-Smith reminded Mayor and City Council, as
well as those watching at home, that school begins for Coppell ISD on
Tuesday, August 17th. Please be on the lookout for school zones, students, and
other vehicles. Hope everyone has a great first day back to school!
22. Necessary Action from Executive Session
23. Adjournment
City of Coppell, Texas
There was no action resulting from Executive Session.
There being no further business before the City Council, the meeting was
adjourned at 10:04 p.m.
Page 7
53
City Council
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
City of Coppell, Texas
Minutes
Page 8
August 10, 2021
54
C',P FE L
File ID: 2021-5869
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5869
Type: Agenda Item
Reference:
File Name: CISD School Resource Program Interlocal Agreement
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: City Council
File Created: 08/19/2021
Final Action:
Title: Consider approval of a Resolution of the City of Coppell authorizing an
Interlocal Agreement with the Coppell Independent School District (CISD) for
School Resource Officer (SRO) protection services for the school year
2021-2022; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: SRO ILA 2021-2022 Memo.pdf, SRO Resolution.pdf,
SRO Interlocal Agreement.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 2021-5869
Title
Consider approval of a Resolution of the City of Coppell authorizing an Interlocal Agreement
with the Coppell Independent School District (CISD) for School Resource Officer (SRO)
protection services for the school year 2021-2022; and authorizing the Mayor to sign.
Summary
City of Coppell, Texas
Page 1
Printed on 8/20/2021
55
MEMORANDUM
To: Mayor and City Council
From: Danny Barton, Chief of Police
Date: August 24, 2021
Reference: Coppell ISD School Resource Program Interlocal Agreement
The City of Coppell entered into a School Resource Officer cost sharing agreement for the 2020-
2021 school year. That Interlocal Agreement expired at the end of the 2020-2021 school year. The
new interlocal agreement is for the 2021-2022 school year.
This agreement defines the roles and responsibilities of both the City of Coppell and CISD as they
pertain to school resource officers. Total base rates and benefits will be equally shared by the City
of Coppell and the Coppell Independent School District.
The City of Coppell will provide five school resource officers and one police supervisor as it did the
previous school year. This allows for a full-time officer to each of the middle school campuses and
high school campuses within the City of Coppell city limits.
This ILA has no additional financial or operational impact on the current City of Coppell School
Resource Officer Program.
The ILA will be in effect through May 30, 2022.
56
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE
COPPELL INDEPENDENT SCHOOL DISTRICT (CISD) FOR SCHOOL
RESOURCE OFFICER (SRO) PROTECTION SERVICES FOR THE
SCHOOL YEAR 2021-2022, WHICH IS ATTACHED HERETO AN
INCORPORATED HEREIN AS EXHIBIT `A'; AUTHORIZING THE
CITY MANAGER OR MAYOR TO SIGN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, CISD and the Police Department of CITY previously instituted a
cooperative SRO Program at various secondary schools of CISD to combat juvenile delinquency,
to personally assist students with various problems; and
WHEREAS, CISD and CITY desire to continue and to expand the SRO Program at
CISD campuses located within the jurisdictional boundaries to the City; and
WHEREAS, the CITY believes it is in the best interests of CISD to have security
personnel and law enforcement services to protect the safety and welfare of its students and
employees
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas hereby authorizes the
Interlocal Cooperation Agreement by and between the City and Coppell Independent School
District (CISD) for School Resource Officer (SRO) protection services for the school year 2021-
2022, which is attached hereto and incorporated herein as Exhibit `A'; that the City Manager or
Mayor is authorized to execute said Agreement.
SECTION 2. That 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 , 2021.
APPROVED:
Wes Mays, Mayor
TM 124064
57
ATTEST:
Ashley Owens, City Secretary
APPROVED AS TO FORM:
Robert E. Hager, City Attorney
TM 124064
58
STATE OF TEXAS §
COUNTY OF DALLAS §
INTERLOCAL AGREEMENT FOR
SCHOOL RESOURCE OFFICER
This Interlocal Agreement is made and entered into on this 23rd day of August, 2021, by
and between the City of Coppell, Texas (hereinafter referred as "CITY"), and the Coppell
Independent School District (hereinafter referred to as "CISD") make and enter into this
Agreement for the purposes and consideration as set out below.
WITNESSETH:
WHEREAS, CISD and the Police Department of CITY previously instituted a cooperative
SRO Program at various secondary schools of CISD to combat juvenile delinquency, to personally
assist students with various problems involving potential involvement with law enforcement, to
develop and maintain positive relations between students and CITY police officers and to assist
CISD in maintaining a safe, orderly, and secure environment conducive to learning; and
WHEREAS, CISD and CITY desire to continue and to expand the SRO Program at CISD
campuses located within the jurisdictional boundaries of the CITY; and
WHEREAS, CITY has full-time commissioned peace officers employed that are capable
of providing CISD police protection services; and
WHEREAS, the Interlocal Cooperation Act, Tex. Govt. Code Ch. 791 authorizes CITY
and CISD to contract with one another for police protection, related administrative functions, and
other governmental functions in which they are mutually interested; and
WHEREAS, the CISD Board of Trustees has found, and hereby declares, it is in the best
interests of CISD to have security personnel and law enforcement services to (1) protect the safety
and welfare of its students, employees, and other persons authorized to be on CISD property or at
CISD sponsored events or activities; and (2) protect the real and personal property of CISD; and
WHEREAS, the CISD Board of Trustees desires to utilize the security and law
enforcement services and personnel of CITY for those functions and purposes; and
WHEREAS, the CITY desires to provide CISD the required law enforcement functions
and services.
NOW, THEREFORE, in consideration of the premises and of the terms, provisions, and
mutual provisions herein contained, CITY and CISD hereby agree as follows:
I.
PURPOSE
1.01 The primary purpose of this Agreement is for CISD to secure the services of
commissioned peace officers to protect the safety and welfare of CISD students and personnel and
CISD property. It is also the purpose of this Agreement to provide for the maintenance and
PAGE I INTERLOCAL AGREEMENT FOR SCHOOL RESOI RCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL
111111111IMSTRICT AND THE CITY OF COPPELL, TEXAS TM 124063
59
expansion of the School Resource Officer Program by assigning School Resource Officers
("SRO", singular and plural) to CISD's schools located within the jurisdictional boundaries of the
City of Coppell, Texas. Each parry paying for the performance of governmental functions or
services hereunder must make those payments from current revenues available to the paying parry.
The recitals and attachments to this Agreement, if any, are incorporated herein for all purposes as
if set out herein verbatim.
II.
SERVICES AND OBLIGATIONS OF CITY
The CITY, through the School Resource Officers, shall provide CISD the following
services and related activities:
A. Law Enforcement Services
2.01 CITY shall provide, based on availability, five (5) School Resource Officers and
one (1) Sergeant, collectively SROs, which will be assigned to the Coppell High School, middle
schools and elementary schools. The CITY shall be responsible for any other assignments or
deployments including extracurricular activities at various CISD functions as may be requested by
CISD. The CITY shall have the sole discretion to adjust the assignment and staffing for the SROs
based on the Police Department certified peace officer staffing requirements. Provided however,
SROs shall not be assigned routine student discipline, school administrative tasks, or contact with
students unrelated to their law enforcement duties, but this prohibition does not prohibit informal
contact with a student unrelated to the assigned duties of the SRO or an incident involving student
behavior or law enforcement.
2.02 The SROs shall be, at all times, be a member and employee of CITY's Police
Department and has the authority of a sworn peace officer in the State of Texas. In addition to such
authority, the officer, while functioning as an SRO, shall provide CISD with the following services
at their respective assigned campuses:
a) Such additional surveillance, investigation and respond to circumstances related to
the school as the school may request to maintain a safe, tranquil composed
atmosphere. For purposes of this paragraph, the SRO shall be authorized to accept
requests and authorizations from the school's principal and any assistant principal
to undertake enforcement of state law and campus rules of decorum.
b) Assistance with drug and alcohol education for students.
c) Training staff members in the matters related to planning and conducting activities,
promoting school safety including detecting and intervening in matters involving
violation of school code of conduct and the laws of the State of Texas.
d) Taking such steps as are deemed advisable to secure the safety of school personnel
and students by intervening in any situation in a proactive manner to preserve good
order and student/teacher/administrative staff.
2.03 The SRO will work eight (8) hour shifts instructional days during the regular school
term with specific shifts to be determined by mutual consent of CISD and the CITY's Police
Department. Exceptions to such normal duty assignment may arise when an assigned SROs is in
required training or is otherwise temporarily required elsewhere as determined by CITY. Subject
to Section 5.02 of this Agreement, CITY shall provide seven (7) day notice to CISD prior to a
scheduled absence of an SRO due to a mandatory normal assignment from his or her assigned
PAGE 2 INTERLOCAL AGREEMENT FOR SCHOOL RESOI RCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL
111111111IMSTRICT AND THE CITY OF COPPELL, TEXAS TM 124063
60
campus, including but not limited to absences resulting from required training, and shall at no time
leave CISD with at least one (1) SRO assigned at Coppell High School and two (2) SROs assigned
to cover the remaining CISD campuses. The Parties agree that every effort should be made to
schedule and/or designate vacation days, compensatory time, and other days off at times when
school is not in session or at other times when the SRO's absence will not otherwise create an
unnecessary risk or hamper school operations. During the summer break as identified in the
official CISD school calendar, the CITY shall assign one (1) SRO to a high school campus and
other campuses mutually agreeable by the Parties.
2.04 The SROs shall monitor access to the school grounds and assist in limiting access
only to authorized persons.
2.05 The SROs shall assist CISD personnel in protecting the property/assets of CISD
and the security and safety of its students, personnel, and visitors in accordance with state law.
2.06 The SROs shall investigate and/or deter the commission of criminal acts that may
occur on CISD property within the jurisdictional limits of the CITY.
2.07 The SROs may coordinate the Crime Stoppers Program
2.08 The SROs will serve as liaison between CISD schools and CITY's Police
Department, juvenile officials, probation officials, courts, and other agencies of the juvenile justice
system.
2.09 The SROs may provide a high visibility, crime deterrent on CISD properties,
including but not limited to its buildings, parking lots, and athletic facilities.
2.10 The SROs will attempt to detect and identify the early signs of deviant behavior
and inappropriate associations of persons.
2.11 The SROs may be present, upon request, when a school official is conducting a
search of person and/or property in accordance with state and federal law by the school official
when such official has reasonable grounds and/or probable cause to believe that the search will
discover evidence that the person has violated state law.
2.12 CITY Police Department shall be responsible for completing all National Incident
Based Reporting System reports related to Class A and B misdemeanor offenses, State offenses
and felony offenses filed and reported by the CITY Police Department.
2.13 CITY Police Department may exercise jurisdiction to enforce the Texas Penal
Code, Texas Education Code and all other criminal statutes on CISD property within the
jurisdictional limits of the CITY.
2.14 SROs shall be responsible for investigating offenses, issuing citations, making
arrests or filing charges, as applicable, for all offenses occurring on CISD property within the
jurisdictional limits of the CITY in accordance with state and local laws including, but not limited
to, incident reports and incident -based reports.
2.15 SROs shall be reasonably present during student passing periods and lunch periods.
B. Education Services
2.16 Based on assignment and availability, SROs shall participate as resource person in
the classroom, at assemblies, with parent groups, teach classes, lead focus groups, or offer
PAGE 3 INTERLOCAL AGREEMENT FOR SCHOOL RESOI RCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL
111111111IMSTRICT AND THE CITY OF COPPELL, TEXAS TM 124063
61
information on law enforcement topics, campus security, or other Police Department programs.
SROs are tasked only with duties related to law enforcement intervention and no behavioral or
administrative duties better addressed by other CISD employees.
C. Public Relations
2.17 The SRO shall, upon request and approval by the CITY Police Department, provide
presentations to civic groups on law enforcement/youth related topics such as School Resource
Officer programs, gang activities and gang intervention strategies.
2.18 The SRO shall provide interpretation of the function and purpose of the SRO
Program for the community. The SRO shall assist in facilitating and maintaining good relations
between CISD and other law enforcement units and officers.
D. Guidance Services
2.19 The SRO shall assist in providing guidance and direction to students, parents, and
school staff in law enforcement matters.
E. Detention Services
2.20 CITY Police Department shall provide jail services and transport services for
offenders who commit offenses that occur on CISD property and within its jurisdiction as defined
in Article III.
III.
JURISDICTION
3.01 When acting as a commissioned peace officer for the CITY, the officer's
jurisdiction shall include, in addition to his jurisdiction as a CITY Police Officer, all territory
within the boundaries of the CISD that is within the city limits of Coppell and all property, real
and personal, outside the district boundaries of CISD that is within Coppell city limits and owned,
leased, or rented by or otherwise under the control of CISD and its Board of Trustees.
3.02 Violations and infractions observed and/or reported to SRO of school rules and
policies should be reported by the SRO to the appropriate CISD school officials.
IV.
QUALIFICATIONS
4.01 The SRO assigned by the CITY Police Department shall have the following
qualifications:
A. Must continuously satisfy all minimum standards for peace officers established
from time to time by the Texas Commission on Law Enforcement Officer Standards
and Education and additional standards, if any, of CITY's Police Department, and
must be licensed as provided by Texas Occupations Code Chapter 1701;
B. Satisfactory knowledge of juvenile laws and procedures;
C. Demonstrated ability to communicate effectively;
D. Demonstrated ability to develop sincere relationships with students; and
PAGE 4 INTERLOCAL AGREEMENT FOR SCHOOL RESOI RCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL
111111111IMSTRICT AND THE CITY OF COPPELL, TEXAS TM 124063
62
E. Selection and assignment of the SRO will conform to CITY Police Department
General Order 400.011, as may be amended.
4.02 The CITY, in the sole discretion of the Chief of Police, shall determine the
assignment at the specific school of all SRO personnel. Should CISD be dissatisfied with the
performance of an assigned SRO, CISD shall have the right to request a change of personnel, and
the Chief of Police shall honor such request within a reasonable period of time.
V.
EMPLOYEES OF THE CITY
5.01 All SROs furnished by CITY will be employees of CITY and will at all times be
subject to the supervision and control of the CITY's chain of command up to Chief of Police and
SROs shall be responsible to the Chief of Police as in all other matters.
5.02 All SROs furnished by CITY have the protection of CITY as the primary
responsibility. Therefore, at any time when manpower requirements demand more personnel for
protection of CITY, all or a portion of the SROs may be reassigned or redeployed from schools
for a temporary period until such deployment is no longer required at the discretion of the Chief
of Police.
5.03 The supervisory personnel of the CITY Police Department assigned to the SRO
shall be available at all reasonable times to confer with designated officials of CISD and to discuss
the performance of the SROs assigned to respective school(s).
VI.
SERVICES AND OBLIGATIONS OF CISD
CISD shall fulfill the following obligations in return for the CITY's performance of the
services provided herein:
6.01 CISD will provide each SRO with the exclusive use of a desk, office chair, file
cabinet, telephone with voice mail, and any other office furniture or supply needed for use of
everyday operation for each SRO, which shall be considered to be CISD property for the full term
of the agreement. All notes, file and materials maintained by the SRO, regardless of source, shall
be considered to be law enforcement records not subject to laws, rules, regulations and school
practices regarding student records.
6.02. CISD shall provide the SROs with exclusive use of the following equipment during
the term of this agreement: computer with full internet access, school radio, keys and/or entry card
for all school buildings or campus location. The SRO may be required to sign a CISD acceptable
use agreement regarding use of the CISD computer and internet.
6.03 COMPENSATION. SROs shall be at all times, shall be an employee of CITY for
purposes of payroll, taxes, benefits, and liability. Under no circumstances shall SRO be considered
to be an employee of CISD. SRO will be paid for regular duty by the CITY. Any off-duty or
extracurricular activity for CISD scheduled outside of routine schedule instruction will be posted
by the CITY but will be paid at a rate of $50.00 per hour paid by the CISD. SRO supervisor may
assist scheduling with CISD and shall COORDINATE through the department on certain off-duty
events.
PAGE _ INTERLOCAL AGREEMENT FOR SCHOOL RESOI RCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL
111111111IMSTRICT AND THE CITY OF COPPELL, TEXAS TM 124063
63
6.04 CISD shall pay to the CITY an amount equivalent of fifty percent (50%) of the base
salary plus 50% of their benefits (insurance plus other defined benefits under City policy) and
overtime for each SROs attributable to the deployment during the academic years of SRO by
CITY, payable quarterly.
6.05 When CITY police officers are requested by CISD administrators to provide law
enforcement services for CISD athletic, extra -curricular or special events, compensation will be at
the CITY overtime rate of the individual officer(s) assigned to the event. The CITY will make
payment to the officer(s) at the overtime rate and will invoice the CISD on a quarterly basis for
reimbursement, the assignment at the rate of payment equal to one half of the total hours worked
multiplied by $50.00 off duty rate.
6.06 In the event that one or more SRO are redeployed or removed from service at a
CISD location or function due to the provision set forth in section 5.02, the CISD will not be
required to compensate the CITY for the affected SRO.
VII.
TERM
7.01 Operations under this agreement of full staffing of multiple SRO's shall commence
on August 16, 2021, and terminate on May 30, 2022, thereafter if neither Parties evoke Section
7.02 the agreement shall be extended for the next academic year in writing and signed by both
parties. During "summer school" dates for 2022, the agency shall assign one SRO at Coppell High
School through the duration of "summer school". This agreement may be terminated at an earlier
time by either party giving written notice to the other party stating when, not less than 30 days
from the date of delivery, the termination shall take effect.
7.02 After January 1, 2022, either party may terminate the Agreement by giving the other
party written notice of such termination at least ninety (90) days prior to the effective date of such
termination, which may only be effective on the last day of the calendar month. Termination of
this Agreement shall not excuse any of the payments due for services provided prior to the effective
date of the termination of this Agreement.
VIII.
NOTICES AND ADMINISTRATION
8.01 All notices, communications and reports required or permitted under this
Agreement shall be personally delivered to the respective parties, by depositing same in the United
States mail, postage prepaid, at the addresses shown below, unless and until either party is
subsequently notified otherwise in writing:
If intended for CITY, to
CHIEF OF POLICE
City of Coppell
130 Town Center Blvd.
Coppell, Texas 75019
If intended for CISD, to:
SUPERINTENDENT OF SCHOOLS
Coppell Independent School District
PAGE 6 INTERLOCAL AGREEMENT FOR SCHOOL RESOI RCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL
111111111IMSTRICT AND THE CITY OF COPPELL, TEXAS TM 124063
64
Brad Hunt
200 S. Denton Tap Road
Coppell, Texas 75019
IX.
MISCELLANEOUS PROVISIONS
9.01 VENUE: The obligations of the parties are performable in Coppell, Texas, and if
legal action is necessary to enforce same, exclusive venue shall be in Dallas County, Texas.
9.02 APPLICABLE LAW: This Agreement is made subject to the provisions of the
Charter and Ordinances of CITY, as amended, enacted written Policies of CISD's Board of
Trustees, as amended, and all applicable State and Federal laws.
9.03 GOVERNING LAW: This Agreement shall be governed by and construed in
accordance with the laws and court decisions of the State of Texas.
9.04 ATTORNEYS' FEES: If any lawsuit or other legal proceeding is brought by one
party against the other party in connection with this Agreement, the prevailing party shall be
entitled to and shall record from the other party all reasonably incurred attorneys' fees as set forth
in Texas Local Government Code Section 271.153(a)(3).
9.05 LEGAL CONSTRUCTION: In case 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 any other provision of it and this
Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never
been contained in this Agreement.
9.06 CAPTIONS: The captions to the various clauses of this Agreement are for
informational purposes only and shall not alter the substance of the terms and conditions of this
Agreement.
9.07 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.
9.08 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 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.
9.09 MODIFICATION AND AMENDMENTS: This Agreement may be amended or
modified at any time by mutual agreement of the authorized representatives of the signatories to
this Agreement. Such amendment or modification shall require a written document executed by
all parties to the Agreement. The parties further agree to amend this Agreement to the extent
amendments are required by an applicable law or policy issued by an appropriate regulatory
authority if the amendment does not materially affect the provisions of this Agreement. However,
if new laws, policies, or regulations applicable to the parties are implemented which materially
affect the intent of the provision of this Agreement, the authorized representatives of the
signatories to this Agreement shall meet within a reasonable period of time, e.g. 20 business days
from the date of notice of such change of law, policy, or regulations, to confer regarding how
and/or if those laws, policies, or regulations will be applied or excepted.
111111111IPAGE % INTERLOCAL AGREEMENT FOR SCHOOL RESOI RCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL
DISTRICT AND THE CITY OF COPPELL, TEXAS TM 124063
65
9.10 INSURANCE: Each of the parties shall at its sole costs provide liability insurance
for its respective governmental bodies covering the activities set forth herein.
9.11 NO AUTHORITY TO BIND: Neither CITY, nor SRO, has the authority to enter
into contracts or agreements on behalf of the CISD.
9.12 FAIRNESS PRINCIPAL: All students, employees, agents, and members of the
Board of Trustees will be treated by CITY and/or SRO under this Agreement without regard to
sex, race, color, religion, national origin, or disability. Both parties, in the performance of this
Agreement, will not discriminate against any person or persons because of sex, race, color,
religion, national origin, or disability nor will either party permit its employees to engage in such
discrimination.
9.13 CONFIDENTIALITY: CITY and/or SRO understands and agrees that any medical
or personal information learned by CITY and/or SRO about any person who is a student, or any
family member of a student, is privileged information and is subject to all State and Federal laws
which protect the rights of students or patients, including but not limited to the Family Educational
Rights and Privacy Act ("FERPA") and the Individuals with Disabilities Education Act ("IDEA").
CITY and/or SRO agrees that information learned by it about any student, or about incidents or
events involving the CISD, will not be divulged, disclosed, or discussed with any person other
than authorized CITY personnel, or unless otherwise authorized or obligated by State and Federal
Laws or other policies of the CISD and that it will comply with any provisions regarding
redisclosure of the records as required therein.
9.14 IMMUNITY: Each of the parties acknowledge that such is performing
governmental services to the other for the benefit of the public; and, nothing contained herein shall
be deemed to waive any of its respective governmental immunities under state and/or federal law,
jointly or severally. To the extent allowed by law, governmental immunities under state and/or
federal law shall extend from CISD to CITY and/or from CITY to CISD.
EXECUTED as of the day of , 2021
CITY OF COPPELL, TEXAS
By:
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
APPROVED AS TO FORM:
COPPELL INDEPENDENT SCHOOL DISTRICT
Lota
Brad Hunt, Superintendent
ATTEST:
Secretary
APPROVED AS TO FORM:
Robert E. Hager, City Attorney President for Board of Trustees
PAGES INTERLOCAL AGREEMENT FOR SCHOOL RESOI RCE OFFICER BETWEEN COPPELL INDEPENDENT SCHOOL
111111111IMSTRICT AND THE CITY OF COPPELL, TEXAS TM 124063
C',P FE L
File ID: 2021-5865
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5865
Type: Agenda Item
Reference:
File Name: Citizens Agenda Item 8/24/21
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 08/17/2021
Final Action:
Title: CITIZENS' AGENDA ITEM:
Consider option to connect the trail system through Magnolia Park because
the City Council is looking to approve a project to do this very soon.
Notes:
Sponsors: Enactment Date:
Attachments: City of Coppell Request for Presentation Form.pdf, Enactment Number:
Magnolia Park HOA Presentation. 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 2021-5865
Title
CITIZENS' AGENDA ITEM:
Consider option to connect the trail system through Magnolia Park because the City Council is
looking to approve a project to do this very soon.
Summary
City of Coppell, Texas
Page 1
Printed on 8/20/2021
67
CITIZEN'S RE - Q!,
.8-1-1 ORA C-IT.Y--C..O.Lj,.NC-l-�.L..AG.ENDAPRESENTATION
Please be advised that this form must be completed and received in. the City
Secretary's office in order to be scheduled on an upcoming regular City Council
Agenda. Council Meetings are held the second and fourth Tuesday of each month.
_.._._..6..
VP , 1,3, Y 606�4(ej,
- - - ------- - . . ............. . .....
2. Date of'Couricil Meeting.Desired:
3. Topic of Present8fi011.:
4. ('oples of ALL documents relative to the topic to be pres(�Mtle(l inu.'st beatt,,,lcI1e(L
.Please indicate the number of pa;es attached hereto:
5. Objective: What are, you
r(1(jU(1.St,i.ug Of
(Ile
Council at,, this.,, time? This
should
include an. axiswer to the
questioll' WIly do
you want to address Councfl.
at, thl.S
time?
Td_
cml " 66
Note" There is no guarantee that a request for a specific Council Meeting agenda,
can. be, Ynet as the city of' Coppell. Flome Rule Charter allows the discretion of the
Cify Manager to postpone III) to OD,(,' niectirig &-?pending on the actino ant; of necessary
business already on the, Council's agenula.
The City Council determines the length of time allotted for each citizen agenda
presentation.
,rti.is forin, coiii-I)leted In full, a copy of the pres(.-.,utd,1*OD ora presel'itatiOn Otltlille al'Id
all ba,ckup docurnentation inust be in the City Secret(try's office no later than 10:00
a.m. on the Monday of the preceding week bet'orc t1fie scheduled Council. Meeting (8
days). Documents will be included in ("OU11C.11. packets, which are distributed prior
to the meeting.
If you liave any questions reg,-trdingthis form, please contact the City Secreta:ry at
(972)304-3669
W
%,i Ly %,uui iii 1 Kii iuiy air CCU w uur r CyuCbL Lu uur
Thank you for your time and your patience. It is truly appreciated.
What have we done in preparation for this presentation?
• We hired CCM Engineering and worked with City Staff
• Meetings with Westhaven & East Lake to build relationships and understanding
• Hosted an Ice Cream Social for the City Council, candidates and neighbors
• Research, Research, Research ... we have new info and ideas to share
• The Result ... New Ideas ... New Relationships ... A New Approach
• The Outcome is a true Win, Win, Win —A New Approach we call
Le tCotwww� !:q .1 Levee axp,,ienc for L erse
,,s__!
69
Option A+ - South Side
71
Option A+ Meets all
Objectives and Much More...
Adirect path Ashaded and
V`-
between the two scenic pleasing
trail heads nature tlraull
A Ireplllica of the
trail on the
The Ileast coact
northeastern
wwwwf
option. Fiducially
shore of Andy
responsible
Brown East
No tlree Ireimovall
A Iloing-teirlm
necessary. Ample
dram
sollu.utionwith
spaceforthe
"`
added levee
path
stability
AIIigns with the
Direct route for
needs ofthe 3
Ikids going tothe
neighliwirlhoods
schools
Has no sharp
Preserves the
turns for li:alilke
children'spalrlk
ideirs
and t„been space
A n AiP
73
CI
pediii a111 111 IIS i
iii iin + w w
• Is a true ins tuure tura illi consistent with the
standard of the Coppell trail system
• Is an 1' concrete pathway. 303' shorter
than the north side trail option
• Runs uin iiid IIIA iir ' iir ainoI w
maintaining the shaded walkway at either
end
• Provides the uros°t d ire ct urou°te for
Westhaven and East Lake to the schools
No-,tiire-e-iire-iirnovalll.necessary. It will not
compromise the strength of the levee
• In fact, the concrete path ad-ds-stab-flity
tothe Illy making it a „Illiirm iirgr
sollluu°tuiourm __ _ .
• Allows for the E s°t L,a Ill e tura illi e teur>nsuiourin
along the pond's eastern shore
74
Option B is 1,134' long. 303' longerthan A+
Option B is °fullexpsosed to tlmu sum. It requires
users to exit a sa�ed pathway, walkthe 1134'
feet aroundthe pond and then return back into
the shade
With Option B, riders and walkers pass along
several open and exposed yards— all with pools
and patiosclose to the fence.
• This is an inf,o-:?rrior t.?xpt.:?rrit.:nct;:? forthose on
the trail — a feeling of invadingothers
privacyand seeing families in their pools.
• And a security risk for the homeownersand
community
Option B will dissect an existing green space
• This green space is used heavilywith kid's
sports.
• And it is an importantandvaluable asset for
the community— rare to have in a Coppell
subdivision
• Brief Bio Info for CCM and Jeff Crannell
• Scope of Work— What CCM Engineering Did
• Initial Impression— Option B was likely better
• Synched up with City Staff ... reviewed existing research
• Tree Evaluation —Site and Path Study
• Detailed Site Assessments
• Aerial (drone study) of paths
• Expert Opinion of Best Option
• Option A+... is my professional recommendation
• Cost Workups Performed
• Recap of 0 P for Option A+
• Recap of OPC for Option B
• Optional Stem Wall Addition as an Add -On
MAGNOLIA PARK TRAILS, COPPELLTX
PAVING
8'W I DES DEWALK
SUB -TOTAL PAVING
EXCAVATION
CLEARING & GRUBBING
UNCLASSIFIED EXCAVATION/FILL
SUB -TOTAL EXCAVATION
EROSION CONTROL
CURLEX OR SILT FENCES
STONE CHECK DAMS
CONSTRUCTION ENTRANCE
RE -VEGETATION & TEMP IRRIGATION
SUB -TOTAL EROSION
SUBTOTAL IMPROVEMENT COSTS
0% CONTINGENCY
TOTAL IMPROVEMENT COSTS
MAGNOLIA PARK TRAILS, COPPELLTX
PAVING
8'W DE SIDEWALK
SUB -TOTAL PAVING
EXCAVATION
CLEARING & GRUBBING
UNCLASSIFIED EXCAVATION/FILL
SUB -TOTAL EXCAVATION
EROSION CONTROL
CURLEX OR SILT FENCES
STONE CHECK DAMS
CONSTRUCTION ENTRANCE
RE -VEGETATION
SUB -TOTAL EROSION
MISCELIANEOUS
LANDSCAPING & SCREENING
IRRIGATION SYSTEM
2'TO 3' RETAINING WALLS
SUB -TOTAL MISCELLANEOUS
SUBTOTAL IMPROVEMENT COSTS
20% CONTINGENCY
TOTAL IMPROVEMENT COSTS
Option A+
OPTION A+
TRAIL =831 FEET
QUANTITY UNIT
BID AMOUNT
6648 S, F,
$28.50
1 LS.
$48,500.00
1488 C.Y.
$42.00
1662 LF.
$3.00
1 LS.
$5,000.00
1 LS.
$2,500.00
1 LS.
$49,860.00
20%
$362,81000
Option B
OPTION
TRAIL=1,134 FEET
QUANTITY UNIT
BID AMOUNT
9072 S, F,
$26.50
1 LS,
$38,000.00
1144 CY.
$39.00
2268 LF.
$3.00
0 L, F,
$5,000.00
1 LS.
$2,500.00
1 LS.
$68,040.00
1 LS.
$40,000.00
1 LS.
$25,000.00
780 LF.
$38,00
20% $495,008.00
Stem Wall Addition — optional item
• Explanation of Stem Wall for the trail
• Do this as an OPTIONAL add-on for Option A+
• Best opportunityto do concurrently with Option A+
• Long term benefits for the levee
• Smart, Inexpensive, Investmentto securethe levee
• Estimated Cost is 50K for 100' section
EXISTING GRADE
DENTON CREEK
PROPOSED
CONCRETE
'*__1
TRAIL
POSSIBLE
CONCRETE
STEM WALL
What Is a ...
Regional
'Trail Definitions
Defined and recognized by the North Ceintrall Texas Council of Governments (NCTCOG), the pur-
pose of this trail is to provide regional and linteirregionall mutes. The intention !is to provide access
throughout the City, to adjacent City destinations and communities, and Ultimately connect to the D/
FW metro area. Like a major thoroughfare being fed by 6111 other trail types and walkways, this trail
type will have the highest user capacity and the greatest range of user types, providing opportuni-
ties to travel longer distances. Trails designated as part of the regional Veloweb should be concrete
and 12 feet in Moth.
Veloweb??? Reviottal Plaijithinr wid TrayiswriatiL)lt LYjLr��t
The Mobifity 2030 pian, developed by the NCTCOG, is an lnterregtonai system of bicycle trWls in
the Dalllas-Fort Worth area referred to as the "Veloveeb, " The originall system planned for roughly
644 interconnected miles, of off-street concrete traillIs connecting the region. The latest DRAFT
Plan fOUnd on the next page, sho�,vs a gr,eafly expanded regional VeWOV,eb system for the area
Designed for use primarily tyy fast-moving Isl the Veloweb is also designed to encourage
concurrent pedestrian transportation Use. The Cotton Bed Traill, a mulfi-phase, inulti-JuriscIlctIonai
traU that parallels the olld Cotton Bat Railroad tracks currently owned by DART, is one component
of the Veloaveb trail system.
78
Veloweb Route Thru Northern Coppell
79
VeIc"I'Meb Cc'll)ppell Cc"IlYnnectc,"IlYr,
The Missing i n k
80
Denton Creek Park Trail (Cont.)
Neighborhoods Partnering For Success
West Denton Creek Neighborhood Alliance
• HOA CC&Rs Assistance
• Neighborhood Watch Program Assistance
• Turn Lane at 121 &Denton Tap
• Regional Veloweb Connections and Impact to West Denton Creek Communities
A Recap of Che Opflan A+ Benefits ...
A direct path Aslhaded and
between the two 4Pscenic pleasing
trail heads nature tiraull
A irepllica of the
trail on the The Ileast cost
northeastern option. Fiducial)
�::.] p v
shore of Andy responsible
Brown East
No tiro: e ireimovall
A Iloing-teirim
necessary. Ample
sollu.ution with
�d
space for the path
added levee
stability
AIIigns with the
Direct route for
needs ofthe 3
Ikids going tothe
neighliwirlhoods
schools
Has no sharp turns Preserves the
ai forIk:aul�uu:Y ini¢ u: iraa children's pairlk
and t„iru: en space 83
-T-h e 0 pt i o ri A +, � IIr, i e II c e....
A WIN for everyone
VlMagndia Park
VAEast Lake
84
City of Coppell, Texas
C',P FE L
File ID: 2021-5868
Version: 1
File Name: Mayor & CC Reports
Master
File Number: 2021-5868
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:
08/17/2021
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 2021-5868
Title
Report by the City Council on recent and upcoming events.
Summary
City of Coppell, Texas
Page 1
Printed on 8/20/2021
85
C',P FE L
File ID: 2021-5863
Version: 1
=ile Name: CC Reports 8/24/21
City of Coppell, Texas
Master
File Number: 2021-5863
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Council Committee
Re po its
In Control:
City Council
File Created:
08/16/2021
Final Action:
Title: A. Report on Dallas Regional Mobility Coalition - Councilmember Don
Carroll
B. Report on Woven Health Clinic - Councilmember Mark Hill
C. Report on Metrocrest Services - Councilmember Biju Mathew
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 2021-5863
Title
A. Report on Dallas Regional Mobility Coalition - Councilmember Don Carroll
B. Report on Woven Health Clinic - Councilmember Mark Hill
C. Report on Metrocrest Services - Councilmember Biju Mathew
Summary
City of Coppell, Texas Page 1 Printed on 8/20/2021