CP 2021-09-14CFI LL
Tuesday, September 14, 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
Council Chambers
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular
Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately
thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E.
Parkway Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any agenda item listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work Session or
called Executive Session or order of business at any time prior to adjournment.
The purpose of the meeting is to consider the following items:
1. Call to Order
2. Executive Session
(Closed to the Public) 1st Floor Conference Room
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
A. Discussion regarding alignment for Silver Line Trail located between
Southwestern Boulevard and east Belt Line Road rail crossing.
B. Discussion regarding real property located south of East Belt Line Road
City of Coppell, Texas Page 1 Printed on 9/10/2021
City Council Meeting Agenda September 14, 2021
and east of South Belt Line Road.
Section 551.071, Texas Government Code - Consultation with City Attorney.
C. Seek Legal Advice from City Attorney regarding zoning ordinance and
accessory structures.
D. Seek Legal Advice from City Attorney regarding House Bill 1927.
E. Seek Legal Advice from City Attorney regarding drainage channel
program.
Section 551.087, Texas Government Code - Economic Development Negotiations.
F. Discussion regarding economic development prospects located west of
Belt Line Road and south of Dividend Road.
3. Work Session (Open to the Public) 1st Floor Conference Room
A. Discussion regarding agenda items.
B. Discussion regarding FY 21-22 Work Plan.
C. Discussion regarding employee medical insurance renewals.
D. Discussion regarding Trinity River Authority Agreement and Dallas
County Health Services Agreement.
E. Discussion regarding American Rescue Plan Funds.
Attachments: FY 2021-2022 Work Plan.pdf
Employee Benefits Renewal Memo.pdf
DQHHS Memo.pdf
TRA Memo.pdf
ARP Memo.pdf
ARE Spending Plan.pdf
ARPA FAQ°s.pdf
Regular Session
4. Invocation 7:30 p.m.
5. Pledge of Allegiance
6. Citizens' Appearance
Proclamations
7. Consider approval of a Proclamation naming the month of September
"National Preparedness Month," and authorizing the Mayor to sign.
Attachments: 2021 Preparedness Month Prodamation.pdf
City of Coppell, Texas Page 2 Printed on 9/10/2021
City Council Meeting Agenda September 14, 2021
8. Consent Agenda
A. Consider approval of minutes: August 24, 2021.
Attachments: CM 2021-08-24. df
B. Consider approval and adoption of the City of Coppell Investment Policy.
Attachments: Memo - Investment PalicV.pdf
2021 Investment PalicV.pdf
Ceriificate.pdf
C. Consider approval of a Resolution approving a negotiated settlement
between the Atmos Cities Steering Committee (ACSC) and Atmos
Energy, Mid -Tex Division regarding the company's 2021 Rate Review
Mechanism Filing; and authorizing the Mayor to sign.
Attachments: ATMOS Memo 2021.pdf
2021 Atmos Mid -Tex RRM Resolution.pdf
2021 Atmos Mid -Tex RRM Resolution Attachments.pdf
2019 FAQs RE ATMOS RRM.pdf
D. Consider award of Bid No. Q-0921-02 to High Production Construction for
landscape plant material replacements at nine (9) city facilities and
medians, not to exceed $85,212.00, as budgeted in Special Revenue
Fund, and authorizing the City Manager to sign all necessary documents.
Attachments: Memo.pdf
Bid Tab.pdf
Bid Packet.pdf
End of Consent Agenda
9. PUBLIC HEARING:
Consider approval of a zoning change request from PD -217R3 -C (Planned
Development -217 Revision 3 -Commercial) to PD -217R4 -C (Planned
Development -217 Revision 4 -Commercial) to approve a Conceptual Site
Plan for the vacant Lot 5R and a Detail Site Plan for the conversion of the
existing Doggie Wonderland into a Chess Club and learning center with
additional parking spaces proposed located on 1.13 acres of land
between Vanbebber Drive and Bethel School Road, approximately 300 -ft
west of Denton Tap Road, being represented by Daniel Parrish, DP
Designs & Development, LLC.
Attachments: City Council Memo.pdf
Staff Report.pdf
Site Plan.pdf
Landscape Plan & Tree SurveV.pdf
City of Coppell, Texas Page 3 Printed on 9/10/2021
City Council Meeting Agenda September 14, 2021
Buildinq Elevation Photos.pdf
10. PUBLIC HEARING:
Consider approval of PD -213R6 -H, Live/Work, Lost Creek Addition, Lot
27, Block 1, a zoning change request from PD -213R2 -H (Planned
Development -213 Revision 2 - Historic) to PD -213R6 -H (Planned
Development -213 Revision 6 - Historic) to attach a Detail Site Plan for five,
two-story 4,500 -square -foot (3,000 square foot air conditioned) live/work
buildings and a common parking area on 0.71 acres of property located at
the northeast corner of S. Coppell Road and Heath Lane, at the request of
Chris Collins, being represented by Greg Frnka, GPF Architects LLC.
Attachments: City Council Memo.pdf
Staff Report.pdf
Site Plan.pdf
Tree Survey.pdf
Landscape Plan.pdf
Floor Plan.pdf
Elevations.pdf
Rendering.pdf
Color board.pdf
11. Consider approval of a Resolution in support of Metrocrest Services
Capital Campaign; and authorizing the Mayor to sign.
Attachments: Memo - Metrocrest Capital Campaign Resolution.pdf
Metrocrest Services Capital Campaign Resolution.pdf
12. City Manager Reports - Project Updates and Future Agendas
13. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
14. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
15. Necessary Action from Executive Session
16. Adjournment
Wes Mays, Mayor
City of Coppell, Texas Page 4 Printed on 9/10/2021
City Council Meeting Agenda September 14, 2021
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 10th day of September, 2021, at
Ashley Owens, City Secretary
PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public programs,
services and/or meetings, the City requests that individuals 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).
City of Coppell, Texas Page 5 Printed on 9/10/2021
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File ID: 2021-5890
Version: 1
File Name: Northlake
City of Coppell, Texas
Master
File Number: 2021-5890
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 09/07/2021
Final Action:
Title: Discussion regarding alignment for Silver Line Trail located between Southwestern
Boulevard and east Belt Line Road rail crossing.
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 2021-5890
Title
Discussion regarding alignment for Silver Line Trail located between Southwestern Boulevard and
east Belt Line Road rail crossing.
Summary
City of Coppell, Texas Page 1 Printed on 9/10/2021
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File ID: 2021-5904
Version: 1
File Name: Northlake
City of Coppell, Texas
Master
File Number: 2021-5904
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 09/10/2021
Final Action:
Title: Discussion regarding real property located south of East Belt Line Road and
east of South Belt Line Road.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5904
Title
Discussion regarding real property located south of East Belt Line Road and east of South Belt
Line Road.
Summary
City of Coppell, Texas Page 1 Printed on 9/10/2021
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File ID: 2021-5892
Version: 1
File Name: Exec - carports
City of Coppell, Texas
Master
File Number: 2021-5892
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 09/07/2021
Final Action:
Title: Seek Legal Advice from City Attorney regarding zoning ordinance and
accessory structures.
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 2021-5892
Title
Seek Legal Advice from City Attorney regarding zoning ordinance and accessory structures.
Summary
City of Coppell, Texas Page 1 Printed on 9/10/2021
City of Coppell, Texas
C',P FE L
File ID: 2021-5891
Version: 1
File Name: Exec - carry w/o permit
Master
File Number: 2021-5891
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 09/07/2021
Final Action:
Title: Seek Legal Advice from City Attorney regarding House Bill 1927.
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 2021-5891
Title
Seek Legal Advice from City Attorney regarding House Bill 1927.
Summary
City of Coppell, Texas Page 1 Printed on 9/10/2021
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File ID: 2021-5893
Version: 1
File Name: Exec - Drainage
City of Coppell, Texas
Master
File Number: 2021-5893
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 09/08/2021
Final Action:
Title: Seek Legal Advice from City Attorney regarding drainage channel program.
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 2021-5893
Title
Seek Legal Advice from City Attorney regarding drainage channel program.
Summary
City of Coppell, Texas Page 1 Printed on 9/10/2021
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File ID: 2021-5877
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5877
Type: Agenda Item
Reference:
File Name: exec - eco dev w of belt line, s of dividend
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 08/30/2021
Final Action:
Title: Discussion regarding economic development prospects located west of Belt
Line Road and south of Dividend Road.
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 2021-5877
Title
Discussion regarding economic development prospects located west of Belt Line Road and
south of Dividend Road.
Summary
Strategic Pillar Icon:
ireate III'; iusiiness wind Illininovatioin Modes
City of Coppell, Texas Page 1 Printed on 9/10/2021
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File ID: 2021-5864
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5864
Type: Agenda Item
Reference:
File Name: WKS Annual Holiday Lighting Contract
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Work Session
In Control:
City Council
File Created:
09/07/2021
Final Action:
Title: A. Discussion regarding agenda items.
B. Discussion regarding FY 21-22 Work Plan.
C. Discussion regarding employee medical insurance renewals.
D. Discussion regarding Trinity River Authority Agreement and Dallas
County Health Services Agreement.
E. Discussion regarding American Rescue Plan Funds.
Notes:
Sponsors:
Attachments: FY 2021-2022 Work Plan.pdf, Employee Benefits
Renewal Memo.pdf, DCHHS Memo.pdf, TRA
Memo.pdf, ARP Memo.pdf, ARP Spending Plan.pdf,
ARPA FAQ's.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 2021-5864
Title
A. Discussion regarding agenda items.
B. Discussion regarding FY 21-22 Work Plan.
C. Discussion regarding employee medical insurance renewals.
D. Discussion regarding Trinity River Authority Agreement and Dallas County Health
Services Agreement.
E. Discussion regarding American Rescue Plan Funds.
Summary
City of Coppell, Texas Page 1 Printed on 9/10/2021
Master Continued (2021-5864)
City of Coppell, Texas Page 2 Printed on 9/10/2021
Icon Goal Work Plan Objective
Responsibility
Pillar 1: Perpetuate a Learning Environment
Establish Coppell as a laboratory of
learning
Continue to work with educational entities on a city-related projects
All
Enhance the collaboration/coordination between Parks/Library for educational
DQ/JC/HC
programs
i
F FM WIM I i
Engage Allies Ambassadors in developing neighborhood events and promoting
National Night Out.
VC/DB
Explore options to adapt programs for greater accessibility
DQ/JC
Evaluate feasibility of implementing a community engagement effort that
,j
Promote Socialization and
Community Cohesiveness
focuses on community input, civic engagement training, cultivating and creating
TL
new community partnerships, and volunteer management.
Explore the development of a Youth Allies Program in partnership with CISD
VC
biller I Enhance
the Unique "Community Oasis" Experience
Ul�lllll�//� aao, r
/�
Develop a "sense of neighborhood"
at an appropriate scale
Engage Allies Ambassadors in developing neighborhood Allies groups for service
projects, neighborhood beautification and/or welcome neighbors program.
VC
g � j
Join the Neighborhood Engagement &Revitalization Alliance NERA
MH
Research hosting a Neighborhood Summit
MH
Host one block party per year
MH
Implement a Neighborhood Sign Topper program
MH
Icon
Goal
Work Plan Objective
Responsibility
Establish programs to protect the
Work with the FOARD Task Force to establish the unique character of each
unique character of single family
community oasis node
MH
home community oasis nodes
Explore refit and refurbishment of
Implement the Neighbors Helping Neighbors program
MH
Explore potential incentive programs that address the future changes and needs
MH
VMS
older housing stock
related to housing in Coppell.
aging in place) that maintain high
Conduct joint meeting with CC & FOARD
MH
Present recommendations from the FOARD Task Force to City Council to get
standard of living while reducing
footprint
direction on housing options to pursue
MH
Support the Old Town area and
Explore potential dining options in Old Town
MH
concept
Evaluate applicability/feasibility of TIF as stimulus for redevelopment
MH
Develop plan for a business incubator.
MH
Explore future trends in retail and re-
Host roundtable with retail developers to discuss future trends and discover
purposing commercial areas
conditions needed to create a ripe environment for redevelopment including
MH
items such as parking requirements and signage.
Evaluate different economic development models
JM/MH/KT
Encourage redevelopment of'hot
Explore partnering with Arts Center and local arts groups to create pop-up arts
JC
spots' along commercial/retail
and culture experiences in 'hot spots'
Engage the community to identify desired uses and ideas to be included in a
corridors as major creativity zones
creativity zone
MH
Work with the
Host meeting/roundtable with developers to discuss the future of the area
MH
commercial/warehouse district on
Hold focus groups with existing businesses to learn what they are considering
future Version 2.0
for future operations - particulalry post-COVID
MH
Icon
Goal::1
Work Plan Objective
=Responsibility
Pillar 6: Implement Innovative Transportation Networks
Build Coppell's transportation system
Continue exploring autonomous routes and alternate modes to connect
to connect with regional systems
business hubs with regional connectors such as the DART Silver Line
KC
Create new modes of connectivity
Explore opportunities to permit or enhance the use of alternative modes on
between community oasis pockets,
existing on -road and off-road links
KC
recreations and community nodes.
Pillar 7: Apply Smart City Approach to Resource Management
iu Wji
Explore Internal and External Data collection/Data visibility JA
IV
^�
Build backbone of Smart Operating
Systems for all resource management
Research the concept of a virtual twin city JA
Continue implementation EAM KC
�u�NrripandF�i�
of
As a fiduciary, the City will ensure
that there are adequate financial
Explore systems to evaluate City services for efficiency and effectiveness
KT/DQ
resources to support City services.
City Services will be provided in a
manner that ensures high levels of
Finalize format of biannual community survey and conduct community survey
TL
customer satisfaction
Continue reconstruction of Belt Line between LBJ and Southwestern
KC
City Infrastructure will be well-
Continue implementation of water system redundancy project
KC
maintained and consistent with the
Council's value proposition.
Start reconstruction of Sandy Lake Lift Station
KC
The City will maintain a quality
Select Consultant to complete Compensation/Classification study for the
HR/TL
workforce to serve the community
organization.
Select Consultant to present Allyship training for City Staff.
I HR/VC
rCOPPELL
�r4I'll '14
MEMORANDUM
To: Mayor and City Council
From: Justin Vaughn, Assistant Director of Administration and Human Resources
Through: Vivyon Bowman, Director of Administration and Human Resources
Date: September 14, 2021
Reference: Overview of Employee Benefit Renewals
Introduction:
The purpose of this work session item is to update the Council on various Employee Benefit annual
renewals that are set to go into effect on October 1, 2021.
Background:
The City of Coppell is responsible for managing a Self -Insurance fund that provides funding for
employee benefits including medical and dental claims, stop loss insurance, transplant insurance,
third party claims administration, life, accidental death, and disability insurance as well as benefits
consulting services. The goal of the City to provide competitive benefits while managing the
workforce to mitigate large claims through the City's Wellness Program. The City typically considers
renewal contracts for the above-mentioned products on an annual basis. The purpose of this item is
to provide an overview of these products and how they function to support the employees and help to
manage the City's employee benefit program. The insurance renewal products/services discussed
will be presented to Council on the September 28th, 2021 agenda for approval.
Legal Review:
This item does not require legal review.
Fiscal Impact:
These costs have been budgeted in the City's Self Insurance Fund.
Recommendation: No Council action is required on this item at this time.
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: September 14, 2021
Reference: Dallas County Health and Human Service Contract Update
Introduction:
The purpose of this work session item is to update the Council on the Interlocal Agreement for
coordinated Health Services between the City of Coppell and Dallas County Health and Human
Services.
Background:
Under this interlocal agreement, Dallas Human and Health Services shall offer our residents the
following services: Tuberculosis Control Services; Sexually Transmitted Disease Control Services;
Communicable Disease Control Services; and Laboratory Services.
The County also agrees to provide to the City, per state and federal law, the following public health
services: immunizations; child health care, high-risk infant case management; and home visits. The
County uses "a sliding -scale fee" based on the residents' ability to pay for these services, and the City
pays $3,131,00 per year, which is the agreed-upon amount for the City's share of the total cost of the
Program less federal and state funding.
Analysis:
This agreement has been in existence for over 25 years, and the City is billed by the County monthly.
The billing amount has remained the same for over 15 years.
Legal Review:
N/A
Fiscal Impact:
The fiscal impact of this Agenda item should not exceed $3,131.00.
Recommendation:
No Council action is required on this item at this time.
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: September 14, 2021
Reference: Trinity River Authority Contract Update
Introduction:
The purpose of this work session item is to update the Council on the upcoming Trinity River
Authority contract.
Background:
The City of Coppell contracts with Trinity River Authority for industrial inspection services,
industrial sampling services, and analytical services. This contract enables the city to comply with all
applicable state and federal laws, including the Clean Water Act and the General Pretreatment
Regulations.
Under this contract, Trinity River Authority performs all industrial user survey activities, notifies
industrial users required to complete the Industrial User Survey Form, permits industrial users, and
inspects permitted facilities as needed.
Trinity River Authority also performs sampling services and classifies and documents all of the
required discharge practices of industrial users.
Analysis:
The contract amount for FY'21-22 is estimated to be $9,500.00, which is the same dollar amount as
FY'20-22. All expenses incurred by the Environmental Health Division for inspections and sampling
are charged back to the industry.
Legal Review:
This item does not require legal review.
Fiscal Impact:
The fiscal impact of this Agenda item, if needed, should not exceed $9,500.00.
Recommendation:
No Council action is required on this item at this time.
1
MEMORANDUM
To: Mayor and City Council
From: Mike Land, City Manager
Date: September 14, 2021
Reference: Proposed uses of American Rescue Plan (ARP) funds.
The City of Coppell is receiving $10,263,541 in funding because of the Federal Government's ARP
funding formula. On August 23, 2021 the City received $5,131,770. The remaining balance is
scheduled to be sent to the City about this same time next year.
The funds may not be used to offset a reduction in net tax revenue caused by a change in law,
regulation, or administrative interpretation; and recipients may not use funds as non -Federal match
where prohibited. In addition, funds may not be used to service debt, satisfy a judgment or settlement,
or contribute to a "rainy day" fund.
There are general guidelines on what the funds can be used for. A set of these uses as they apply to
local governments are among other things include the following categories: 1) Negative economic
impact resulting from Covid-19, 2) Premium Pay for public safety/first responders, 3) Extent of
Revenue Loss on Government Services, and 4) Infrastructure Investments including water, sewer and
broadband. For those interested, here is the link to the regulations -
htttas://www.federalreRister.Rov/documents/2021/05/17/2021-10283/coronavirus-state-and-local-
fiscal-recovery-funds. Also attached is a FAQ document provided by the Treasury Department. The
Federal Government is constantly updating the guidelines as the funds are being used by other
governmental entities throughout the country and questions arise. We have reviewed the proposed
uses with the City Attorney and our auditors to make sure that the proposed expenditures are
consistent with the published regulations and guidelines.
There are other guardrails in place on the use of the funds though entities are given a wide berth to
expend the funds.
I
Proposed expenses under the Negative Economic Impact of Covid-19 category include fitness
equipment replacement in the CORE, enhanced trail amenities, renovations to restrooms throughout
the City, resurfacing of Pickleball/Tennis courts, drainage work in the Town Hall Community
Garden, soft trail enhancements, and refurbishing practice fields which will include adding necessary
components to incorporate a recreation oriented cricket field combined with a soccer practice field at
Wagon Wheel Park.
Under the Extent of Revenue Loss category, there is greater flexibility of potential uses. Planned
expenditures include infrastructure maintenance and pay-as-you-go capital cost. One of the primary
recommendations is to make a one-time payment to employees who were on the payroll and not on
probation as of March 31, 2020 equal to 3.5% for Public Safety employees, consistent with the
adopted step plan, and 3% for the balance of city employees. In the current 20/21 Fiscal Year budget,
there were no step plan increases for public safety or pay increases for any employees. This one-time
payment would occur this fiscal year, prior to September 30, 2021.
Planned expenditures for the Infrastructure Investment category at the present time include funds to
complete the Sandy Lake Lift Station project.
All in all, the above listed projects total approximately $4 million out of the $10.2 million the City
will be receiving.
Time is on our side with the eventual expense of these funds. We have until December 31, 2026 to
expend them. Keep in mind that these additional dollars should be spent on one-time expenditures
and not used to offset or supplement any ongoing expenses.
With the Council's support of these planned expenditures, staff will move forward.
2
City of Coppet 1, Texas
ARPA Proposed &pendltures
AS of September 10, 2021
Negative Economic Imp,d - COVID-19
Trail Amenities Package
Renovate Wagon Wheel Park 4-pl11 Reshooms
Renovate Wagon Wheel Park Field{ Reshooms
Renovate MacArthur Park R11-111Renovate Andy Brown Cenhal Park Reshooms
Renovate Tennis Center Reshooms
Resurfacing or Plckleball /Tennis Courts (4 PB & S Tennis
Shade/Patio Restroom addition to TC Courtyard Area
Addition of Tennis and Plckleball courts
HH Community Garden Drainage
Main Pavillon Restroom Renovation
Columbarlum Reshoom Renovation
Office Reshooms Renovation
Office Building
Contra¢ed repairs and soft hall malnte .ante of CNP and GPVS Park
Refurbish S Grass practice areas and adding recreation amenitles
Behavioral Healthcare Needs
Payroll/Benefits
m patted lndushles
Rebut l ding Public Sector Capacity
Staff Accountant (31/2 Years)
Extent cf Revenue Loss on Government Services
Reduced lnfrashucture funding from General Fund
Lump Sum -20-21 Raises to those employed on 0331-20
InfrartruRure Investments in Water. Sewer, and Broadband
Sandy Lake Lift Station
Due to blocked machines, machines that were—11able had more use than usual. Also, the amount of cleaning that took place on the welght machines
has caused several of them to start to rust.
Increased hall patron usage as a result of could. Project would add amenitles such as hall strlpl ng, shaded benches and exercise equipment.
Increased park patron usage asa result of covl d. Would Il ke to add touchless toilets, sl nks, and "'Pd ispensers.
Increased park patron usage asa result of could. Would Il ke to add touchless toilets, sl nks, and soap dispensers.
Increased park patron usage asa result of cool d. Would Il ke to add touchless toilets, sl nks, and "'Pd ispensers.
ncreased park patron usage as a result of tout d. Would Il ke to add touchless toilets, sl nks, and soap dispensers.
The reshooms proved to often not be able to support proper social distancing guldllnes.
Due t. [he increased and consls[ent level f usage In programs/services, the courts experienced greater than usual wear and tear....especlally the PB
ourts, the was the last of the courts to be resurfaced
The
PB a readesperately needed shade for participants this summer. Particlpantswerewlthoutadequetshadingandconvlenentnearbywater, provlded
some safety concerns regarding cooling and rest.
CouldImpact has been Tennlsand Plcklball are more popular than ever. Weoften ra n out of space to accomodate the demand from folks.
Com muhty Garden volunteers worked through the pandemic to address the needs of the Metrocrest food pantry. The Town Hall location expedenced
setbacks due to the area flooding In seasons of heavy rains. Addressing this drat nage — would encourage continued community involvement
that addresses pandemic related community needs.
Heavy hafflc due to uptick In serJlces during and after could. Would like to add touchless toilets, sl nks, and soap dispensers
Heavy hafflc due to uptick In serJlces during and after could. Would like to add touchless toilets, sl nks, and soap dispensers
Heavy hafflc due to uptick In serJlces during and after could. Would like to add touchless toilets, sl nks, and soap dispensers.
Touchless hand sanitj,— In offices and common areas.
Heavy pandemic use, there are some a real that we a bit m Vicky for the Frlends/staffmacc—
Refurbish practice areas due to high hafflc use on them. Aerate, top -dress and apply organic materials, adding a pitch and turf for cricket on a shared
practice field
Mental Health/Substance Abuse Treatment - Crlsls I nterventlon/Hotlines- Services to promote access to Social Services
Public Health/Safety - Human Smices- Slmllar Employees
COVID mitigation/prevention measures to enable safe resumption of tourism, t—el and hospitality services
IM
No raises for employees a re within the current 20/21 adopted Budget
AS OF JULY 19, 2021
Coronavirus State and Local Fiscal Recovery Funds
Frequently Asked Questions
AS OF JULY 19, 2021
This document contains answers to frequently asked questions regarding the Coronavirus State
and Local Fiscal Recovery Funds (CSFRF / CLFRF, or Fiscal Recovery Funds). Treasury will
be updating this document periodically in response to questions received from stakeholders.
Recipients and stakeholders should consult the lln1etJ m F;i n aI 13...u. Ie., for additional information.
• For overall information about the program, including information on requesting funding,
please see ..1J...:.//h 1�.e...11..e .su, : v/poi cy.... s ueslco on ✓Trus/ ss st nce....iso ....st te....ioc i....
and tribal g�oyernments
....... .......
• For general questions about CSFRF / CLFRF, please email ° L ll�'„V��� ILS„ ,. „ .g ✓
• Treasury is seeking comment on all aspects of the Interim Final Rule. Stakeholders are
encouraged to submit comments electronically through the Federal eRulemaking Portal
(htt s:// w. e ui . tions.g o /docurnent/"ll ll : AS 131 .2021 0008 0002 on or before Jul
..............f..............................................................................................................................................................................................................................................................................................................................................) Y
16, 2021. Please be advised that comments received will be part of the public record and
subject to public disclosure. Do not disclose any information in your comment or
supporting materials that you consider confidential or inappropriate for public disclosure.
Questions added 5/27/21: 1.5, 1.6, 2.13, 2.14, 2.15, 3.9, 4.5, 4.6, 10.3, 10.4 (noted with "[5/27]")
Questions added 6/8/21: 2.16, 3.10, 3.11, 3.12, 4.7, 6.7, 8.2, 9.4, 9.5, 10.5 (noted with "[6/8]")
Questions added 6/17/21: 6.8, 6.9, 6.10, 6.11 (noted with "[6/17]")
Questions added 6/23/21: 1.7, 2.17, 2.18, 2.19, 2.20, 3.1 (appendix), 3.13, 4.8, 6.12 (noted with
"[6/23]")
Question added 6/24/21: 2.21 (noted with "[6/24]")
Questions added 7/14/21: 1.8, 3.14, 3.15, 4.9, 4.10, 4.11, 4.12, 6.13, 6.14, 6.15, 6.16, 6.17, 10.3
updated (noted with "[7/14]")
Answers to frequently asked questions on distribution of funds to non -entitlement units of local
government (NEUs) can be found in this ]F' AQ -.-q pplement, which is regularly updated.
1. Eligibility and Allocations
1.1. Which governments are eligible for funds?
1
AS OF JULY 19, 2021
The following governments are eligible:
• States and the District of Columbia
• Territories
• Tribal governments
• Counties
• Metropolitan cities
• Non -entitlement units, or smaller local governments
1.2. Which governments receive funds directly from Treasury?
Treasury will distribute funds directly to each eligible state, territory, metropolitan city,
county, or Tribal government. Smaller local governments that are classified as non -
entitlement units will receive funds through their applicable state government.
1.3. Are special-purpose units of government eligible to receive funds?
Special-purpose units of local government will not receive funding allocations; however,
a state, territory, local, or Tribal government may transfer funds to a special-purpose unit
of government. Special-purpose districts perform specific functions in the community,
such as fire, water, sewer or mosquito abatement districts.
1.4. How are funds being allocated to Tribal governments, and how will Tribal
governments find out their allocation amounts?'
$20 billion of Fiscal Recovery Funds was reserved for Tribal governments. The
American Rescue Plan Act specifies that $1 billion will be allocated evenly to all eligible
Tribal governments. The remaining $19 billion will be distributed using an allocation
methodology based on enrollment and employment.
There will be two payments to Tribal governments. Each Tribal government's first
payment will include (i) an amount in respect of the $1 billion allocation that is to be
divided equally among eligible Tribal governments and (ii) each Tribal government's pro
rata share of the Enrollment Allocation. Tribal governments will be notified of their
allocation amount and delivery of payment 4-5 days after completing request for funds in
the Treasury Submission Portal. The deadline to make the initial request for funds is
June 21, 2021.
The second payment will include a Tribal government's pro rata share of the
Employment Allocation. There is a $1,000,000 minimum employment allocation for
Tribal governments. In late -June, Tribal governments will receive an email notification
to re-enter the Treasury Submission Portal to confirm or amend their 2019 employment
numbers that were submitted to the Department of the Treasury for the CARES Act's
Coronavirus Relief Fund. To receive an Employment Allocation, including the minimum
employment allocation, Tribal governments must confirm employment numbers by July
' The answer to this question was updated on July 19, 2021.
2
AS OF JULY 19, 2021
23, 2021. Treasury will calculate employment allocations for those Tribal governments
that confirmed or submitted amended employment numbers by the deadline. In August;
Treasury will communicate to Tribal governments the amount of their portion of the
Employment Allocation and the anticipated date for the second payment.
1.5. My county is a unit of general local government with population under 50,000. Will
my county receive funds directly from Treasury? [5/27]
Yes. All counties that are units of general local government will receive funds directly
from Treasury and should apply via the .n.n..e..,l?2Ltal. The list of county allocations is
available hefe.
............................
1.6. My local government expected to be classified as a non -entitlement unit. Instead, it
was classified as a metropolitan city. Why? [5/27]
The American Rescue Plan Act defines, for purposes of the Coronavirus Local Fiscal
Recovery Fund (CLFRF), metropolitan cities to include those that are currently
metropolitan cities under the Community Development Block Grant (CDBG) program
but also those cities that relinquish or defer their status as a metropolitan city for purposes
of the CDBG program. This would include, by way of example, cities that are principal
cities of their metropolitan statistical area, even if their population is less than 50,000. In
other words, a city that is eligible to be a metropolitan city under the CDBG program is
eligible as a metropolitan city under the CLFRF, regardless of how that city has elected to
participate in the CDBG program.
Unofficial allocation estimates produced by other organizations may have classified
certain local governments as non -entitlement units of local government. However, based
on the statutory definitions, some of these local governments should have been classified
as metropolitan cities.
1.7. In order to receive and use Fiscal Recovery Funds, must a recipient government
maintain a declaration of emergency relating to COVID-19? [6/23]
No. Neither the statute establishing the CSFRF/CLFRF nor the Interim Final Rule
requires recipients to maintain a local declaration of emergency relating to COVID-19.
1.8. Can non-profit or private organizations receive funds? If so, how? [7/14]
Yes. Under section 602(c)(3) of the Social Security Act, a State, territory, or Tribal
government may transfer funds to a "private nonprofit organization ... , a Tribal
organization ... , a public benefit corporation involved in the transportation of
passengers or cargo, or a special-purpose unit of State or local government." Similarly,
section 603(c)(3) authorizes a local government to transfer funds to the same entities
(other than Tribal organizations). The Interim Final Rule clarifies that the lists of
transferees in sections 602(c)(3) and 603(c)(3) are not exclusive, and recipients may
transfer funds to constituent units of government or private entities beyond those
AS OF JULY 19, 2021
specified in the statute. A transferee receiving a transfer from a recipient under sections
602(c)(3) and 603(c)(3) will be considered to be a subrecipient and will be expected to
comply with all subrecipient reporting requirements.
The ABPA does not authorize Treasury to provide CSFRF/CLFRF funds directly to non-
profit or private organizations. Thus, non-profit or private organizations should seek
funds from CSFRF/CLFRF recipient(s) in their jurisdiction (e.g., a State, local, territorial,
or Tribal government).
2. Eligible Uses — Responding to the Public Health Emergency / Negative
Economic Impacts
2.1. What types of COVID-19 response, mitigation, and prevention activities are
eligible?
A broad range of services are needed to contain COVID-19 and are eligible uses,
including vaccination programs; medical care; testing; contact tracing; support for
isolation or quarantine; supports for vulnerable populations to access medical or public
health services; public health surveillance (e.g., monitoring case trends, genomic
sequencing for variants); enforcement of public health orders; public communication
efforts; enhancement to health care capacity, including through alternative care facilities;
purchases of personal protective equipment; support for prevention, mitigation, or other
services in congregate living facilities (e.g., nursing homes, incarceration settings,
homeless shelters, group living facilities) and other key settings like schools; ventilation
improvements in congregate settings, health care settings, or other key locations;
enhancement of public health data systems; and other public health responses. Capital
investments in public facilities to meet pandemic operational needs are also eligible, such
as physical plant improvements to public hospitals and health clinics or adaptations to
public buildings to implement COVID-19 mitigation tactics.
2.2. If a use of funds was allowable under the Coronavirus Relief Fund (CRF) to
respond to the public health emergency, may recipients presume it is also allowable
under CSFRF/CLFRF?
Generally, funding uses eligible under CRF as a response to the direct public health
impacts of COVID-19 will continue to be eligible under CSFRF/CLFRF, with the
following two exceptions: (1) the standard for eligibility of public health and safety
payrolls has been updated; and (2) expenses related to the issuance of tax -anticipation
notes are not an eligible funding use.
2.3. If a use of funds is not explicitly permitted in the Interim Final Rule as a response to
the public health emergency and its negative economic impacts, does that mean it is
prohibited?
M
AS OF JULY 19, 2021
The Interim Final Rule contains a non-exclusive list of programs or services that may be
funded as responding to COVID-19 or the negative economic impacts of the COVID-19
public health emergency, along with considerations for evaluating other potential uses of
Fiscal Recovery Funds not explicitly listed. The Interim Final Rule also provides
flexibility for recipients to use Fiscal Recovery Funds for programs or services that are
not identified on these non-exclusive lists but which meet the objectives of section
602(c)(1)(A) or 603(c)(1)(A) by responding to the COVID-19 public health emergency
with respect to COVID-19 or its negative economic impacts.
2.4. May recipients use funds to respond to the public health emergency and its negative
economic impacts by replenishing state unemployment funds?
Consistent with the approach taken in the CRF, recipients may make deposits into the
state account of the Unemployment Trust Fund up to the level needed to restore the pre -
pandemic balances of such account as of January 27, 2020, or to pay back advances
received for the payment of benefits between January 27, 2020 and the date when the
Interim Final Rule is published in the Federal Register.
2.5. What types of services are eligible as responses to the negative economic impacts of
the pandemic?
Eligible uses in this category include assistance to households; small businesses and non-
profits; and aid to impacted industries.
Assistance to households includes, but is not limited to: food assistance; rent, mortgage,
or utility assistance; counseling and legal aid to prevent eviction or homelessness; cash
assistance; emergency assistance for burials, home repairs, weatherization, or other
needs; internet access or digital literacy assistance; or job training to address negative
economic or public health impacts experienced due to a worker's occupation or level of
training.
Assistance to small business and non -profits includes, but is not limited to:
• loans or grants to mitigate financial hardship such as declines in revenues or
impacts of periods of business closure, for example by supporting payroll and
benefits costs, costs to retain employees, mortgage, rent, or utilities costs, and
other operating costs;
• Loans, grants, or in-kind assistance to implement COVID-19 prevention or
mitigation tactics, such as physical plant changes to enable social distancing,
enhanced cleaning efforts, barriers or partitions, or COVID-19 vaccination,
testing, or contact tracing programs; and
• Technical assistance, counseling, or other services to assist with business planning
needs
2.6. May recipients use funds to respond to the public health emergency and its negative
economic impacts by providing direct cash transfers to households?
AS OF JULY 19, 2021
Yes, provided the recipient considers whether, and the extent to which, the household has
experienced a negative economic impact from the pandemic. Additionally, cash transfers
must be reasonably proportional to the negative economic impact they are intended to
address. Cash transfers grossly in excess of the amount needed to address the negative
economic impact identified by the recipient would not be considered to be a response to
the COVID-19 public health emergency or its negative impacts. In particular, when
considering appropriate size of permissible cash transfers made in response to the
COVID-19 public health emergency, state, local, territorial, and Tribal governments may
consider and take guidance from the per person amounts previously provided by the
federal government in response to the COVID crisis.
2.7. May funds be used to reimburse recipients for costs incurred by state and local
governments in responding to the public health emergency and its negative
economic impacts prior to passage of the American Rescue Plan?
Use of Fiscal Recovery Funds is generally forward looking. The Interim Final Rule
permits funds to be used to cover costs incurred beginning on March 3, 2021.
2.8. May recipients use funds for general economic development or workforce
development?
Generally, not. Recipients must demonstrate that funding uses directly address a negative
economic impact of the COVID-19 public health emergency, including funds used for
economic or workforce development. For example, job training for unemployed workers
may be used to address negative economic impacts of the public health emergency and be
eligible.
2.9. How can recipients use funds to assist the travel, tourism, and hospitality
industries?
Aid provided to tourism, travel, and hospitality industries should respond to the negative
economic impacts of the pandemic. For example, a recipient may provide aid to support
safe reopening of businesses in the tourism, travel and hospitality industries and to
districts that were closed during the COVID-19 public health emergency, as well as aid a
planned expansion or upgrade of tourism, travel and hospitality facilities delayed due to
the pandemic.
Tribal development districts are considered the commercial centers for tribal hospitality,
gaming, tourism and entertainment industries.
2.10. May recipients use funds to assist impacted industries other than travel, tourism,
and hospitality?
Yes, provided that recipients consider the extent of the impact in such industries as
compared to tourism, travel, and hospitality, the industries enumerated in the statute. For
example, nationwide the leisure and hospitality industry has experienced an
0
AS OF JULY 19, 2021
approximately 17 percent decline in employment and 24 percent decline in revenue, on
net, due to the COVID-19 public health emergency. Recipients should also consider
whether impacts were due to the COVID-19 pandemic, as opposed to longer-term
economic or industrial trends unrelated to the pandemic.
Recipients should maintain records to support their assessment of how businesses or
business districts receiving assistance were affected by the negative economic impacts of
the pandemic and how the aid provided responds to these impacts.
2.11. How does the Interim Final Rule help address the disparate impact of COVID-19 on
certain populations and geographies?
In recognition of the disproportionate impacts of the COVID-19 virus on health and
economic outcomes in low-income and Native American communities, the Interim Final
Rule identifies a broader range of services and programs that are considered to be in
response to the public health emergency when provided in these communities.
Specifically, Treasury will presume that certain types of services are eligible uses when
provided in a Qualified Census Tract (QCT), to families living in QCTs, or when these
services are provided by Tribal governments.
Recipients may also provide these services to other populations, households, or
geographic areas disproportionately impacted by the pandemic. In identifying these
disproportionately -impacted communities, recipients should be able to support their
determination for how the pandemic disproportionately impacted the populations,
households, or geographic areas to be served.
Eligible services include:
• Addressing health disparities and the social determinants of health, including:
community health workers, public benefits navigators, remediation of lead paint
or other lead hazards, and community violence intervention programs;
• Building stronger neighborhoods and communities, including: supportive housing
and other services for individuals experiencing homelessness, development of
affordable housing, and housing vouchers and assistance relocating to
neighborhoods with higher levels of economic opportunity;
• Addressing educational disparities exacerbated by COVID-19, including: early
learning services, increasing resources for high -poverty school districts,
educational services like tutoring or afterschool programs, and supports for
students' social, emotional, and mental health needs; and
• Promoting healthy childhood environments, including: child care, home visiting
programs for families with young children, and enhanced services for child
welfare -involved families and foster youth.
7
AS OF JULY 19, 2021
2.12. May recipients use funds to pay for vaccine incentive programs (e.g., cash or in-kind
transfers, lottery programs, or other incentives for individuals who get vaccinated)?
Yes. Under the Interim Final Rule, recipients may use Coronavirus State and Local
Fiscal Recovery Funds to respond to the COVID-19 public health emergency, including
expenses related to COVID-19 vaccination programs. See 31 CFR 35.6(b)(1)(i).
Programs that provide incentives reasonably expected to increase the number of people
who choose to get vaccinated, or that motivate people to get vaccinated sooner than they
otherwise would have, are an allowable use of funds so long as such costs are reasonably
proportional to the expected public health benefit.
2.13. May recipients use funds to pay "back to work incentives" (e.g., cash payments for
newly employed workers after a certain period of time on the job)? [5/27]
Yes. Under the Interim Final Rule, recipients may use Coronavirus State and Local
Fiscal Recovery Funds to provide assistance to unemployed workers. See 31 CFR
35.6(b)(4). This assistance can include job training or other efforts to accelerate rehiring
and thus reduce unemployment, such as childcare assistance, assistance with
transportation to and from a jobsite or interview, and incentives for newly employed
workers.
2.14. The Coronavirus Relief Fund (CRF) included as an eligible use: "Payroll expenses
for public safety, public health, health care, human services, and similar employees
whose services are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency." What has changed in CSFRF/CLFRF, and
what type of documentation is required under CSFRF/CLFRF? [5/27]
Many of the expenses authorized under the Coronavirus Relief Fund are also eligible uses
under the CSFRF/CLFRF. However, in the case of payroll expenses for public safety,
public health, health care, human services, and similar employees (hereafter, public
health and safety staff), the CSFRF/CLFRF does differ from the CRF. This change
reflects the differences between the ARPA and CARES Act and recognizes that the
response to the COVID-19 public health emergency has changed and will continue to
change over time. In particular, funds may be used for payroll and covered benefits
expenses for public safety, public health, health care, human services, and similar
employees, including first responders, to the extent that the employee's time that is
dedicated to responding to the COVID-19 public health emergency.
For administrative convenience, the recipient may consider a public health and safety
employee to be entirely devoted to mitigating or responding to the COVID-19 public
health emergency, and therefore fully covered, if the employee, or his or her operating
unit or division, is primarily dedicated (e.g., more than half of the employee's time is
dedicated) to responding to the COVID-19 public health emergency.
Recipients may use presumptions for assessing whether an employee, division, or
operating unit is primarily dedicated to COVID-19 response. The recipient should
AS OF JULY 19, 2021
maintain records to support its assessment, such as payroll records, attestations from
supervisors or staff, or regular work product or correspondence demonstrating work on
the COVID-19 response. Recipients need not routinely track staff hours. Recipients
should periodically reassess their determinations.
2.15. What staff are included in "public safety, public health, health care, human
services, and similar employees"? Would this include, for example, 911 operators,
morgue staff, medical examiner staff, or EMS staff? [5/27]
As discussed in the Interim Final Rule, funds may be used for payroll and covered
benefits expenses for public safety, public health, health care, human services, and
similar employees, for the portion of the employee's time that is dedicated to responding
to the COVID-19 public health emergency.
Public safety employees would include police officers (including state police officers),
sheriffs and deputy sheriffs, firefighters, emergency medical responders, correctional and
detention officers, and those who directly support such employees such as dispatchers
and supervisory personnel. Public health employees would include employees involved
in providing medical and other health services to patients and supervisory personnel,
including medical staff assigned to schools, prisons, and other such institutions, and other
support services essential for patient care (e.g., laboratory technicians, medical examiner
or morgue staff) as well as employees of public health departments directly engaged in
matters related to public health and related supervisory personnel. Human services staff
include employees providing or administering social services; public benefits; child
welfare services; and child, elder, or family care, as well as others.
2.16. May recipients use funds to establish a public jobs program? [6/8]
Yes. The Interim Final Rule permits a broad range of services to unemployed or
underemployed workers and other individuals that suffered negative economic impacts
from the pandemic. That can include public jobs programs, subsidized employment,
combined education and on-the-job training programs, or job training to accelerate
rehiring or address negative economic or public health impacts experienced due to a
worker's occupation or level of training. The broad range of permitted services can also
include other employment supports, such as childcare assistance or assistance with
transportation to and from a jobsite or interview.
The Interim Final Rule includes as an eligible use re -hiring public sector staff up to the
government's level of pre -pandemic employment. "Public sector staff' would not
include individuals participating in a job training or subsidized employment program
administered by the recipient.
2.17. The Interim Final Rule states that "assistance or aid to individuals or businesses
that did not experience a negative economic impact from the public health
emergency would not be an eligible use under this category." Are recipients
0
AS OF JULY 19, 2021
required to demonstrate that each individual or business experienced a negative
economic impact for that individual or business to receive assistance? [6/23]
Not necessarily. The Interim Final Rule allows recipients to demonstrate a negative
economic impact on a population or group and to provide assistance to households or
businesses that fall within that population or group. In such cases, the recipient need only
demonstrate that the household or business is within the population or group that
experienced a negative economic impact.
For assistance to households, the Interim Final Rule states, "In assessing whether a
household or population experienced economic harm as a result of the pandemic, a
recipient may presume that a household or population that experienced unemployment or
increased food or housing insecurity or is low- or moderate -income experienced negative
economic impacts resulting from the pandemic." This would allow, for example, an
internet access assistance program for all low- or moderate -income households, but
would not require the recipient to demonstrate or document that each individual low- or -
moderate income household experienced a negative economic impact from the COVID-
19 public health emergency apart from being low- or -moderate income.
For assistance to small businesses, the Interim Final Rule states that assistance may be
provided to small businesses, including loans, grants, in-kind assistance, technical
assistance or other services, to respond to the negative economic impacts of the COVID-
19 public health emergency. In providing assistance to small businesses, recipients must
design a program that responds to the negative economic impacts of the COVID-19
public health emergency, including by identifying how the program addresses the
identified need or impact faced by small businesses. This can include assistance to adopt
safer operating procedures, weather periods of closure, or mitigate financial hardship
resulting from the COVID-19 public health emergency.
As part of program design and to ensure that the program responds to the identified need,
recipients may consider additional criteria to target assistance to businesses in need,
including to small businesses. Assistance may be targeted to businesses facing financial
insecurity, with substantial declines in gross receipts (e.g., comparable to measures used
to assess eligibility for the Paycheck Protection Program), or facing other economic harm
due to the pandemic, as well as businesses with less capacity to weather financial
hardship, such as the smallest businesses, those with less access to credit, or those serving
disadvantaged communities. For example, a recipient could find based on local data or
research that the smallest businesses faced sharply increased risk of bankruptcy and
develop a program to respond; such a program would only need to document a population
or group -level negative economic impact, and eligibility criteria to limit access to the
program to that population or group (in this case, the smallest businesses).
In addition, recognizing the disproportionate impact of the pandemic on disadvantaged
communities, the Interim Final Rule also identifies a set of services that are
presumptively eligible when provided in a Qualified Census Tract (QCT); to families and
individuals living in QCTs; to other populations, households, or geographic areas
10
AS OF JULY 19, 2021
identified by the recipient as disproportionately impacted by the pandemic; or when these
services are provided by Tribal governments. For more information on the set of
presumptively eligible services, see the Interim Final Rule section on Building Stronger
Communities through Investments in Housing and Neighborhoods and FAQ 2.11.
2.18. Would investments in improving outdoor spaces (e.g. parks) be an eligible use of
funds as a response to the public health emergency and/or its negative economic
impacts? [6/23]
There are multiple ways that investments in improving outdoor spaces could qualify as
eligible uses; several are highlighted below, though there may be other ways that a
specific investment in outdoor spaces would meet eligible use criteria.
First, in recognition of the disproportionate negative economic impacts on certain
communities and populations, the Interim Final Rule identifies certain types of services
that are eligible uses when provided in a Qualified Census Tract (QCT), to families and
individuals living in QCTs, or when these services are provided by Tribal governments.
Recipients may also provide these services to other populations, households, or
geographic areas disproportionately impacted by the pandemic.
These programs and services include services designed to build stronger neighborhoods
and communities and to address health disparities and the social determinants of health.
The Interim Final Rule provides a non -exhaustive list of eligible services to respond to
the needs of communities disproportionately impacted by the pandemic, and recipients
may identify other uses of funds that do so, consistent with the Rule's framework. For
example, investments in parks, public plazas, and other public outdoor recreation spaces
may be responsive to the needs of disproportionately impacted communities by
promoting healthier living environments and outdoor recreation and socialization to
mitigate the spread of COVID-19.
Second, recipients may provide assistance to small businesses in all communities.
Assistance to small businesses could include support to enhance outdoor spaces for
COVID-19 mitigation (e.g., restaurant patios) or to improve the built environment of the
neighborhood (e.g., facade improvements).
Third, many governments saw significantly increased use of parks during the pandemic
that resulted in damage or increased maintenance needs. The Interim Final Rule
recognizes that "decrease[s to] a state or local government's ability to effectively
administer services" can constitute a negative economic impact of the pandemic.
2.19. Would expenses to address a COVID-related backlog in court cases be an eligible
use of funds as a response to the public health emergency? [6/23]
The Interim Final Rule recognizes that "decrease[s to] a state or local government's
ability to effectively administer services," such as cuts to public sector staffing levels, can
constitute a negative economic impact of the pandemic. During the COVID-19 public
11
AS OF JULY 19, 2021
health emergency, many courts were unable to operate safely during the pandemic and, as
a result, now face significant backlogs. Court backlogs resulting from inability of courts
to safely operate during the COVID-19 pandemic decreased the government's ability to
administer services. Therefore, steps to reduce these backlogs, such as implementing
COVID-19 safety measures to facilitate court operations, hiring additional court staff or
attorneys to increase speed of case resolution, and other expenses to expedite case
resolution are eligible uses.
2.20. Can funds be used to assist small business startups as a response to the negative
economic impact of COVID-19? [6/23]
As discussed in the Interim Final Rule, recipients may provide assistance to small
businesses that responds to the negative economic impacts of COVID-19. The Interim
Final Rule provides a non-exclusive list of potential assistance mechanisms, as well as
considerations for ensuring that such assistance is responsive to the negative economic
impacts of COVID-19.
Treasury acknowledges a range of potential circumstances in which assisting small
business startups could be responsive to the negative economic impacts of COVID-19,
including for small businesses and individuals seeking to start small businesses after the
start of the COVID-19 public health emergency. For example:
• A recipient could assist small business startups with additional costs associated
with COVID-19 mitigation tactics (e.g., barriers or partitions; enhanced cleaning;
or physical plant changes to enable greater use of outdoor space).
• A recipient could identify and respond to a negative economic impact of COVID-
19 on new small business startups; for example, if it could be shown that small
business startups in a locality were facing greater difficult accessing credit than
prior to the pandemic, faced increased costs to starting the business due to the
pandemic, or that the small business had lost expected startup capital due to the
pandemic.
• The Interim Final Rule also discusses eligible uses that provide support for
individuals who have experienced a negative economic impact from the COVID-
19 public health emergency, including uses that provide job training for
unemployed individuals. These initiatives also may support small business
startups and individuals seeking to start small businesses.
2.21. Can funds be used for eviction prevention efforts or housing stability services?
[6/24]
Yes. Responses to the negative economic impacts of the pandemic include "rent,
mortgage, or utility assistance [and] counseling and legal aid to prevent eviction or
homelessness." This includes housing stability services that enable eligible households to
maintain or obtain housing, such as housing counseling, fair housing counseling, case
management related to housing stability, outreach to households at risk of eviction or
promotion of housing support programs, housing related services for survivors of
12
AS OF JULY 19, 2021
domestic abuse or human trafficking, and specialized services for individuals with
disabilities or seniors that supports their ability to access or maintain housing.
This also includes legal aid such as legal services or attorney's fees related to eviction
proceedings and maintaining housing stability, court -based eviction prevention or
eviction diversion programs, and other legal services that help households maintain or
obtain housing.
Recipients may transfer funds to, or execute grants or contracts with, court systems, non-
profits, and a wide range of other organizations to implement these strategies.
3. Eligible Uses — Revenue Loss
3.1. How is revenue defined for the purpose of this provision? [appendix added 6/23]
The Interim Final Rule adopts a definition of "General Revenue" that is based on, but not
identical, to the Census Bureau's concept of "General Revenue from Own Sources" in the
Annual Survey of State and Local Government Finances.
General Revenue includes revenue from taxes, current charges, and miscellaneous
general revenue. It excludes refunds and other correcting transactions, proceeds from
issuance of debt or the sale of investments, agency or private trust transactions, and
revenue generated by utilities and insurance trusts. General revenue also includes
intergovernmental transfers between state and local governments, but excludes
intergovernmental transfers from the Federal government, including Federal transfers
made via a state to a locality pursuant to the CRF or the Fiscal Recovery Funds.
Tribal governments may include all revenue from Tribal enterprises and gaming
operations in the definition of General Revenue.
Please see the appendix for a diagram of the Interim Final Rule's definition of General
Revenue within the Census Bureau's revenue classification structure.
3.2. Will revenue be calculated on an entity -wide basis or on a source -by -source basis
(e.g. property tax, income tax, sales tax, etc.)?
Recipients should calculate revenue on an entity -wide basis. This approach minimizes
the administrative burden for recipients, provides for greater consistency across
recipients, and presents a more accurate representation of the net impact of the
COVID- 19 public health emergency on a recipient's revenue, rather than relying on
financial reporting prepared by each recipient, which vary in methodology used and
which generally aggregates revenue by purpose rather than by source.
3.3. Does the definition of revenue include outside concessions that contract with a state
or local government?
13
AS OF JULY 19, 2021
Recipients should classify revenue sources as they would if responding to the U.S.
Census Bureau's Annual Survey of State and Local Government Finances. According to
the Census Bureau's Government Finance and .Em anent 1 "i�.�ss�ilc .�t�on �n .�n�u .�i the
following is an example of current charges that would be included in a state or local
government's general revenue from own sources: "Gross revenue of facilities operated by
a government (swimming pools, recreational marinas and piers, golf courses, skating
rinks, museums, zoos, etc.); auxiliary facilities in public recreation areas (camping areas,
refreshment stands, gift shops, etc.); lease or use fees from stadiums, auditoriums, and
community and convention centers; and rentals from concessions at such facilities."
3.4. What is the time period for estimating revenue loss? Will revenue losses experienced
prior to the passage of the Act be considered?
Recipients are permitted to calculate the extent of reduction in revenue as of four points
in time: December 31, 2020; December 31, 2021; December 31, 2022; and December 31,
2023. This approach recognizes that some recipients may experience lagged effects of the
pandemic on revenues.
Upon receiving Fiscal Recovery Fund payments, recipients may immediately calculate
revenue loss for the period ending December 31, 2020.
3.5. What is the formula for calculating the reduction in revenue?
A reduction in a recipient's General Revenue equals:
nt Max { [Base Year Revenue* (1+Growth Adjustment)(
2�] - Actual General Revenuet ; 01
Where:
Base Year Revenue is General Revenue collected in the most recent full fiscal year prior
to the COVD-19 public health emergency.
Growth Adjustment is equal to the greater of 4.1 percent (or 0.041) and the recipient's
average annual revenue growth over the three full fiscal years prior to the COVID-19
public health emergency.
n equals the number of months elapsed from the end of the base year to the calculation
date.
Actual General Revenue is a recipient's actual general revenue collected during 12 -month
period ending on each calculation date.
Subscript t denotes the calculation date.
14
AS OF JULY 19, 2021
3.6. Are recipients expected to demonstrate that reduction in revenue is due to the
COVID-19 public health emergency?
In the Interim Final Rule, any diminution in actual revenue calculated using the formula
above would be presumed to have been "due to" the COVID-19 public health emergency.
This presumption is made for administrative ease and in recognition of the broad-based
economic damage that the pandemic has wrought.
3.7. May recipients use pre -pandemic projections as a basis to estimate the reduction in
revenue?
No. Treasury is disallowing the use of projections to ensure consistency and
comparability across recipients and to streamline verification. However, in estimating
the revenue shortfall using the formula above, recipients may incorporate their average
annual revenue growth rate in the three full fiscal years prior to the public health
emergency.
3.8. Once a recipient has identified a reduction in revenue, are there any restrictions on
how recipients use funds up to the amount of the reduction?
The Interim Final Rule gives recipients broad latitude to use funds for the provision of
government services to the extent of reduction in revenue. Government services can
include, but are not limited to, maintenance of infrastructure or pay -go spending for
building new infrastructure, including roads; modernization of cybersecurity, including
hardware, software, and protection of critical infrastructure; health services;
environmental remediation; school or educational services; and the provision of police,
fire, and other public safety services.
However, paying interest or principal on outstanding debt, replenishing rainy day or other
reserve funds, or paying settlements or judgments would not be considered provision of a
government service, since these uses of funds do not entail direct provision of services to
citizens. This restriction on paying interest or principal on any outstanding debt
instrument, includes, for example, short-term revenue or tax anticipation notes, or paying
fees or issuance costs associated with the issuance of new debt. In addition, the
overarching restrictions on all program funds (e.g., restriction on pension deposits,
restriction on using funds for non-federal match where barred by regulation or statute)
would apply.
3.9. How do I know if a certain type of revenue should be counted for the purpose of
computing revenue loss? [5/27]
As discussed in FAQ #3.1, the Interim Final Rule adopts a definition of "General
Revenue" that is based on, but not identical, to the Census Bureau's concept of "General
Revenue from Own Sources" in the Annual Survey of State and Local Government
Finances.
15
AS OF JULY 19, 2021
Recipients should refer to the definition of "General Revenue" included in the Interim
Final Rule. See 31 CFR 35.3. If a recipient is unsure whether a particular revenue source
is included in the Interim Final Rule's definition of "General Revenue," the recipient may
consider the classification and instructions used to complete the Census Bureau's Annual
Survey.
For example, parking fees would be classified as a Current Charge for the purpose of the
Census Bureau's Annual Survey, and the Interim Final Rule's concept of "General
Revenue" includes all Current Charges. Therefore, parking fees would be included in the
Interim Final Rule's concept of "General Revenue."
The Census Bureau's Government Finance and Employment Classification manual is
available hefe.
............................
3.10. In calculating revenue loss, are recipients required to use audited financials? [6/8]
Where audited data is not available, recipients are not required to obtain audited data.
Treasury expects all information submitted to be complete and accurate. See 31 CFR
35.4(c).
3.11. In calculating revenue loss, should recipients use their own data, or Census data?
[6/8]
Recipients should use their own data sources to calculate general revenue, and do not
need to rely on published revenue data from the Census Bureau. Treasury acknowledges
that due to differences in timing, data sources, and definitions, recipients' self-reported
general revenue figures may differ somewhat from those published by the Census
Bureau.
3.12. Should recipients calculate revenue loss on a cash basis or an accrual basis? [6/8]
Recipients may provide data on a cash, accrual, or modified accrual basis, provided that
recipients are consistent in their choice of methodology throughout the covered period
and until reporting is no longer required.
3.13. In identifying intergovernmental revenue for the purpose of calculating General
Revenue, should recipients exclude all federal funding, or just federal funding
related to the COVID-19 response? How should local governments treat federal
funds that are passed through states or other entities, or federal funds that are
intermingled with other funds? [6/23]
In calculating General Revenue, recipients should exclude all intergovernmental transfers
from the federal government. This includes, but is not limited to, federal transfers made
via a state to a locality pursuant to the Coronavirus Relief Fund or Fiscal Recovery
Funds. To the extent federal funds are passed through states or other entities or
intermingled with other funds, recipients should attempt to identify and exclude the
16
AS OF JULY 19, 2021
federal portion of those funds from the calculation of General Revenue on a best-efforts
basis.
3.14. What entities constitute a government for the purpose of calculating revenue loss?
[7/14]
In determining whether a particular entity is part of a recipient's government for purposes
of measuring a recipient's government revenue, recipients should identify all the entities
included in their government and the general revenue attributable to these entities on a
best-efforts basis. Recipients are encouraged to consider how their administrative
structure is organized under state and local statutes. In cases in which the autonomy of
certain authorities, commissions, boards, districts, or other entities is not readily
distinguishable from the recipient's government, recipients may adopt the Census
Bureau's criteria for judging whether an entity is independent from, or a constituent of, a
given government. For an entity to be independent, it generally meets all four of the
following conditions:
• The entity is an organized entity and possesses corporate powers, such as
perpetual succession, the right to sue and be sued, having a name, the ability to
make contracts, and the ability to acquire and dispose of property.
• The entity has governmental character, meaning that it provides public services,
or wields authority through a popularly elected governing body or officers
appointed by public officials. A high degree of responsibility to the public,
demonstrated by public reporting requirements or by accessibility of records for
public inspection, also evidences governmental character.
• The entity has substantial fiscal independence, meaning it can determine its
budget without review and modification by other governments. For instance, the
entity can determine its own taxes, charges, and debt issuance without another
government's supervision.
• The entity has substantial administrative independence, meaning it has a
popularly elected governing body, or has a governing body representing two or
more governments, or, in the event its governing body is appointed by another
government, the entity performs functions that are essentially different from those
of, and are not subject to specification by, its creating government.
If an entity does not meet all four of these conditions, a recipient may classify the entity
as part of the recipient's government and assign the portion of General Revenue that
corresponds to the entity.
To further assist recipients in applying the forgoing criteria, recipients may refer to the
Census Bureau's bulli rrlual Sll 1�F 1.1e � r rlion,v- 20.17 �"�Frr,sv,s° (a�`��`�a��a�Frrrmenls
publication, which lists specific entities and classes of entities classified as either
independent (defined by Census as "special purpose governments") or constituent
(defined by Census as "dependent agencies") on a state -by -state basis. Recipients should
note that the Census Bureau's lists are not exhaustive and that Census classifications are
based on an analysis of state and local statutes as of 2017 and subject to the Census
Bureau's judgement. Though not included in the Census Bureau's publication, state
17
AS OF JULY 19, 2021
colleges and universities are generally classified as dependent agencies of state
governments by the Census Bureau.
If an entity is determined to be part of the recipient's government, the recipient must also
determine whether the entity's revenue is covered by the Interim Final Rule's definition
of "general revenue." For example, some cash flows may be outside the definition of
"general revenue." In addition, note that the definition of general revenue includes Tribal
enterprises in the case of Tribal governments. Refer to FAQ 3.1 (and the Appendix) for
the components included in General Revenue.
3.15. The Interim Final Rule's definition of General Revenue excludes revenue generated
by utilities. Can you please clarify the definition of utility revenue? [7/14]
As noted in FAQs 3.1 and 3.9, the Interim Final Rule adopts a definition of "general
revenue" that is based on, but not identical to, the Census Bureau's concept of "General
Revenue from Own Sources" in the Annual Survey of State and Local Government
Finances. Recipients should refer to the definition of "general revenue" included in the
Interim Final Rule. See 31 CFR 35.3. If a recipient is unsure whether a particular
revenue source is included in the Interim Final Rule's definition of "general revenue," the
recipient may consider the classification and instructions used to complete the Census
Bureau's Annual Survey.
According to the Census Bureau's (iovernment Finance and..........................l�ry�nent 1 "i��ss�ilc �t�on
n a..nual., utility revenue is defined as "[g]ross receipts from sale of utility commodities or
services to the public or other governments by publicly -owned and controlled utilities."
This includes revenue from operations of publicly -owned and controlled water supply
systems, electric power systems, gas supply systems, and public mass transit systems (see
pages 4-45 and 4-46 of the manual for more detail).
Except for these four types of utilities, revenues from all commercial -type activities of a
recipient's government (e.g., airports, educational institutions, lotteries, public hospitals,
public housing, parking facilities, port facilities, sewer or solid waste systems, and toll
roads and bridges) are covered by the Interim Final Rule's definition of "general
revenue." If a recipient is unsure whether a particular entity performing one of these
commercial -type activities can be considered part of the recipient's government, please
see FAQ 3.14.
4. Eligible Uses — General
4.1. May recipients use funds to replenish a budget stabilization fund, rainy day fund, or
similar reserve account?
No. Funds made available to respond to the public health emergency and its negative
economic impacts are intended to help meet pandemic response needs and provide
immediate stabilization for households and businesses. Contributions to rainy day funds
IN
AS OF JULY 19, 2021
and similar reserves funds would not address these needs or respond to the COVID-19
public health emergency, but would rather be savings for future spending needs.
Similarly, funds made available for the provision of governmental services (to the extent
of reduction in revenue) are intended to support direct provision of services to citizens.
Contributions to rainy day funds are not considered provision of government services,
since such expenses do not directly relate to the provision of government services.
4.2. May recipients use funds to invest in infrastructure other than water, sewer, and
broadband projects (e.g. roads, public facilities)?
Under 602(c)(1)(C) or 603(c)(1)(C), recipients may use funds for maintenance of
infrastructure or pay -go spending for building of new infrastructure as part of the general
provision of government services, to the extent of the estimated reduction in revenue due
to the public health emergency.
Under 602(c)(1)(A) or 603(c)(1)(A), a general infrastructure project typically would not
be considered a response to the public health emergency and its negative economic
impacts unless the project responds to a specific pandemic -related public health need
(e.g., investments in facilities for the delivery of vaccines) or a specific negative
economic impact of the pandemic (e.g., affordable housing in a Qualified Census Tract).
4.3. May recipients use funds to pay interest or principal on outstanding debt?
No. Expenses related to financing, including servicing or redeeming notes, would not
address the needs of pandemic response or its negative economic impacts. Such expenses
would also not be considered provision of government services, as these financing
expenses do not directly provide services or aid to citizens.
This applies to paying interest or principal on any outstanding debt instrument, including,
for example, short-term revenue or tax anticipation notes, or paying fees or issuance costs
associated with the issuance of new debt.
4.4. May recipients use funds to satisfy nonfederal matching requirements under the
Stafford Act? May recipients use funds to satisfy nonfederal matching requirements
generally?
Fiscal Recovery Funds are subject to pre-existing limitations in other federal statutes and
regulations and may not be used as non-federal match for other Federal programs whose
statute or regulations bar the use of Federal funds to meet matching requirements. For
example, expenses for the state share of Medicaid are not an eligible use. For information
on FEMA programs, please see,he„,.
4.5. Are governments required to submit proposed expenditures to Treasury for
approval? [5/27]
19
AS OF JULY 19, 2021
No. Recipients are not required to submit planned expenditures for prior approval by
Treasury. Recipients are subject to the requirements and guidelines for eligible uses
contained in the Interim Final Rule.
4.6. How do I know if a specific use is eligible? [5/27]
Fiscal Recovery Funds must be used in one of the four eligible use categories specified in
the American Rescue Plan Act and implemented in the Interim Final Rule:
a) To respond to the public health emergency or its negative economic impacts,
including assistance to households, small businesses, and nonprofits, or aid to
impacted industries such as tourism, travel, and hospitality;
b) To respond to workers performing essential work during the COVID-19 public
health emergency by providing premium pay to eligible workers;
c) For the provision of government services to the extent of the reduction in revenue
due to the COVID-19 public health emergency relative to revenues collected in
the most recent full fiscal year prior to the emergency; and
d) To make necessary investments in water, sewer, or broadband infrastructure.
Recipients should consult Section II of the Interim Final Rule for additional information
on eligible uses. For recipients evaluating potential uses under (a), the Interim Final Rule
contains a non-exclusive list of programs or services that may be funded as responding to
COVID-19 or the negative economic impacts of the COVID-19 public health emergency,
along with considerations for evaluating other potential uses of Fiscal Recovery Funds
not explicitly listed. See Section II of the Interim Final Rule for additional discussion.
For recipients evaluating potential uses under (c), the Interim Final Rule gives recipients
broad latitude to use funds for the provision of government services to the extent of
reduction in revenue. See FAQ #3.8 for additional discussion.
For recipients evaluating potential uses under (b) and (d), see Sections 5 and 6.
4.7. Do restrictions on using Coronavirus State and Local Fiscal Recovery Funds to
cover costs incurred beginning on March 3, 2021 apply to costs incurred by the
recipient (e.g., a State, local, territorial, or Tribal government) or to costs incurred
by households, businesses, and individuals benefiting from assistance provided using
Coronavirus State and Local Fiscal Recovery Funds? [6/8]
The Interim Final Rule permits funds to be used to cover costs incurred beginning on
March 3, 2021. This limitation applies to costs incurred by the recipient (i.e., the state,
local, territorial, or Tribal government receiving funds). However, recipients may use
Coronavirus State and Local Fiscal Recovery Funds to provide assistance to households,
businesses, and individuals within the eligible use categories described in the Interim
20
AS OF JULY 19, 2021
Final Rule for economic harms experienced by those households, businesses, and
individuals prior to March 3, 2021. For example,
• Public Health/Negative Economic Impacts — Recipients may use Coronavirus
State and Local Fiscal Recovery Funds to provide assistance to households — such
as rent, mortgage, or utility assistance — for economic harms experienced or costs
incurred by the household prior to March 3, 2021 (e.g., rental arrears from
preceding months), provided that the cost of providing assistance to the household
was not incurred by the recipient prior to March 3, 2021.
• Premium Pay — Recipients may provide premium pay retrospectively for work
performed at any time since the start of the COVID-19 public health emergency.
Such premium pay must be "in addition to" wages and remuneration already
received and the obligation to provide such pay must not have been incurred by
the recipient prior to March 3, 2021.
• Revenue Loss — The Interim Final Rule gives recipients broad latitude to use
funds for the provision of government services to the extent of reduction in
revenue. The calculation of lost revenue begins with the recipient's revenue in
the last full fiscal year prior to the COVID-19 public health emergency and
includes the 12 -month period ending December 31, 2020. However, use of funds
for government services must be forward looking for costs incurred by the
recipient after March 3, 2021.
• Investments in Water, Sewer, and Broadband — Recipients may use Coronavirus
State and Local Fiscal Recovery Funds to make necessary investments in water,
sewer, and broadband. See FAQ Section 6. Recipients may use Coronavirus
State and Local Fiscal Recovery Funds to cover costs incurred for eligible
projects planned or started prior to March 3, 2021, provided that the project costs
covered by the Coronavirus State and Local Fiscal Recovery Funds were incurred
after March 3, 2021.
4.8. How can I use CSFRF/CLFRF funds to prevent and respond to crime, and support
public safety in my community? [6/23]
Under Treasury's Interim Final Rule, there are many ways in which the State and Local
Fiscal Recovery Funds ("Funds") under the American Rescue Plan Act can support
communities working to reduce and respond to increased violence due to the pandemic.
Among the eligible uses of the Funds are restoring of public sector staff to their pre -
pandemic levels and responses to the public health crisis and negative economic impacts
resulting from the pandemic. The Interim Final Rule provides several ways for recipients
to "respond to" this pandemic -related gun violence, ranging from community violence
intervention programs to mental health services to hiring of public safety personnel.
Below are some examples of how Fiscal Recovery Funds can be used to address public
safety:
• In all communities, recipients may use resources to rehire police officers and other public
servants to restore law enforcement and courts to their pre -pandemic levels.
21
AS OF JULY 19, 2021
Additionally, Funds can be used for expenses to address COVID-related court backlogs,
including hiring above pre -pandemic levels, as a response to the public health emergency.
See FAQ 2.19.
• In communities where an increase in violence or increased difficulty in accessing or
providing services to respond to or mitigate the effects of violence, is a result of the
pandemic they may use funds to address that harm. This spending may include:
o Hiring law enforcement officials — even above pre -pandemic levels — or paying
overtime where the funds are directly focused on advancing community policing
strategies in those communities experiencing an increase in gun violence associated
with the pandemic
o Community Violence Intervention (CVI) programs, including capacity building
efforts at CVI programs like funding and training additional intervention workers
o Additional enforcement efforts to reduce gun violence exacerbated by the pandemic,
including prosecuting gun traffickers, dealers, and other parties contributing to the
supply of crime guns, as well as collaborative federal, state, and local efforts to
identify and address gun trafficking channels
o Investing in technology and equipment to allow law enforcement to more efficiently
and effectively respond to the rise in gun violence resulting from the pandemic
As discussed in the Interim Final Rule, uses of CSFRF/CLFRF funds that respond to an
identified harm must be related and reasonably proportional to the extent and type of
harm experienced; uses that bear no relation or are grossly disproportionate to the type or
extent of harm experienced would not be eligible uses.
• Recipients may also use funds up to the level of revenue loss for government services,
including those outlined above.
Recognizing that the pandemic exacerbated mental health and substance use disorder needs
in many communities, eligible public health services include mental health and other
behavioral health services, which are a critical component of a holistic public safety
approach. This could include:
Mental health services and substance use disorder services, including for individuals
experiencing trauma exacerbated by the pandemic, such as:
- Community-based mental health and substance use disorder programs that deliver
evidence -based psychotherapy, crisis support services, medications for opioid use
disorder, and/or recovery support
- School-based social -emotional support and other mental health services
Referrals to trauma recovery services for crime victims.
Recipients also may use Funds to respond to the negative economic impacts of the public
health emergency, including:
• Assistance programs to households or populations facing negative economic impacts of
the public health emergency, including:
22
AS OF JULY 19, 2021
- Assistance to support economic security, including for the victims of crime;
- Housing assistance, including rent, utilities, and relocation assistance;
- Assistance with food, including Summer EBT and nutrition programs; and
- Employment or job training services to address negative economic or public
health impacts experienced due to a worker's occupation or level of training.
Assistance to unemployed workers, including:
- Subsidized jobs, including for young people. Summer youth employment
programs directly address the negative economic impacts of the pandemic on
young people and their families and communities;
- Programs that provide paid training and/or work experience targeted primarily to
(1) formerly incarcerated individuals, and/or (2) communities experiencing high
levels of violence exacerbated by the pandemic;
- Programs that provide workforce readiness training, apprenticeship or pre -
apprenticeship opportunities, skills development, placement services, and/or
coaching and mentoring; and
- Associated wraparound services, including for housing, health care, and food.
Recognizing the disproportionate impact of the pandemic on certain communities, a broader
range of services are eligible in those communities than would otherwise be available in
communities not experiencing a pandemic -related increase in crime or gun violence. These
eligible uses aim to address the pandemic's exacerbation of public health and economic
disparities and include services to address health and educational disparities, support
neighborhoods and affordable housing, and promote healthy childhood environments. The
Interim Final Rule provides a non -exhaustive list of eligible services in these categories.
These services automatically qualify as eligible uses when provided in Qualified Census
Tracts (QCTs), low-income areas designated by HUD; to families in QCTs; or by Tribal
governments. Outside of these areas, recipient governments can also identify and serve
households, populations, and geographic areas disproportionately impacted by the pandemic.
Services under this category could include:
Programs or services that address or mitigate the impacts of the COVID-19 public health
emergency on education, childhood health and welfare, including:
o Summer education and enrichment programs in these communities, which include
many communities currently struggling with high levels of violence;
o Programs that address learning loss and keep students productively engaged;
o Enhanced services for foster youths and home visiting programs; and
o Summer camps and recreation.
• Programs or services that provide or facilitate access to health and social services and
address health disparities exacerbated by the pandemic. This includes Community
Violence Intervention (CVI) programs, such as:
o Evidence -based practices like focused deterrence, street outreach, violence
interrupters, and hospital-based violence intervention models, complete with
23
AS OF JULY 19, 2021
wraparound services such as behavioral therapy, trauma recovery, job training,
education, housing and relocation services, and financial assistance; and,
o Capacity -building efforts at CVI programs like funding more intervention workers;
increasing their pay; providing training and professional development for intervention
workers; and hiring and training workers to administer the programs.
Please refer to Treasury's Interim Final Rule for additional information.
4.9. May recipients pool funds for regional projects? [7/14]
Yes, provided that the project is itself an eligible use of funds and that recipients can
track the use of funds in line with the reporting and compliance requirements of the
CSFRF/CLFRF. In general, when pooling funds for regional projects, recipients may
expend funds directly on the project or transfer funds to another government that is
undertaking the project on behalf of multiple recipients. To the extent recipients
undertake regional projects via transfer to another government, recipients would need to
comply with the rules on transfers specified in the Interim Final Rule, Section V. A
recipient may transfer funds to a government outside its boundaries (e.g., county transfers
to a neighboring county), provided that the recipient can document that its jurisdiction
receives a benefit proportionate to the amount contributed.
4.10. May recipients fund a project with both ARP funds and other sources of funding
(e.g., blending, braiding, or other pairing funding sources), including in conjunction
with financing provided through a debt issuance? [7/14]
Cost sharing or matching funds are not required under CSFRF/CLFRF. Funds may be
used in conjunction with other funding sources, provided that the costs are eligible costs
under each source program and are compliant with all other related statutory and
regulatory requirements and policies. The recipient must comply with applicable
reporting requirements for all sources of funds supporting the CSFRF/CLFRF projects,
and with any requirements and restrictions on the use of funds from the supplemental
funding sources and the CSFRF/CLFRF program. Specifically,
• All funds provided under the CSFRF/CLFRF program must be used for projects,
investments, or services that are eligible under the CSFRF/CLFRF statute,
Treasury's Interim Final Rule, and guidance. See 31 CFR 35.6-8; FAQ 4.6.
CSFRF/CLFRF funds may not be used to fund an activity that is not, in its
entirety, an eligible use under the CSFRF/CLFRF statute, Treasury's Interim
Final Rule, and guidance. For example,
o CSFRF/CLFRF funds may be used in conjunction with other sources of
funds to make an investment in water infrastructure, which is eligible
under the CSLFRF statute, and Treasury's Interim Final Rule.
o CSFRF/CLFRF funds could not be used to fund the entirety of a water
infrastructure project that was partially, although not entirely, an eligible
use under Treasury's Interim Final Rule. However, the recipient could use
CSFRF/CLFRF funds only for a smaller component project that does
24
AS OF JULY 19, 2021
constitute an eligible use, while using other funds for the remaining
portions of the larger planned water infrastructure project that do not
constitute an eligible use. In this case, the "project" under this program
would be only the eligible use component of the larger project.
• In addition, because CSFRF/CLFRF funds must be obligated by December 31,
2024, and expended by December 31, 2026, recipients must be able to, at a
minimum, determine and report to Treasury on the amount of CSFRF/CLFRF
funds obligated and expended and when such funds were obligated and expended.
4.11. May Coronavirus State and Local Fiscal Recovery Funds be used to make loans or
other extensions of credit ("loans"), including loans to small businesses and loans to
finance necessary investments in water, sewer, and broadband infrastructure?
[7/141
Yes. Coronavirus State and Local Fiscal Recovery Funds ("Funds") may be used to
make loans, provided that the loan is an eligible use and the cost of the loan is tracked
and reported in accordance with the points below. See 31 CFR 35.6. For example, a
recipient may use Coronavirus State and Local Fiscal Recovery Funds to make loans to
small businesses. See 31 CFR 35.6(b)(6). In addition, a recipient may use Funds to
finance a necessary investment in water, sewer or broadband, as described in the Interim
Final Rule. See 31 CFR 35.6(e).
Funds must be used to cover "costs incurred" by the recipient between March 3, 2021,
and December 31, 2024, and Funds must be expended by December 31, 2026. See
Section III.D of the Interim Final Rule; 31 CFR 35.5. Accordingly, recipients must be
able to determine the amount of Funds used to make a loan.
For loans that mature or are forgiven on or before December 31, 2026, the recipient
must account for the use of funds on a cash flow basis, consistent with the approach
to loans taken in the Coronavirus Relief Fund.
o Recipients may use Fiscal Recovery Funds to fund the principal of the loan
and in that case must track repayment of principal and interest (i.e., "program
income," as defined under 2 CFR 200).
o When the loan is made, recipients must report the principal of the loan as an
expense.
o Repayment of principal may be re -used only for eligible uses, and subject to
restrictions on timing of use of funds. Interest payments received prior to the
end of the period of performance will be considered an addition to the total
award and may be used for any purpose that is an eligible use of funds under
the statute and IFR. Recipients are not subject to restrictions under 2 CFR
200.307(e)(1) with respect to such payments.
• For loans with maturities longer than December 31, 2026, the recipient may use
Fiscal Recovery Funds for only the projected cost of the loan. Recipients may
estimate the subsidy cost of the loan, which equals the expected cash flows associated
25
AS OF JULY 19, 2021
with the loan discounted at the recipient's cost of funding. A recipient's cost of
funding can be determined based on the interest rates of securities with a similar
maturity to the cash flow being discounted that were either (i) recently issued by the
recipient or (ii) recently issued by a unit of state, local, or Tribal government similar
to the recipient. Recipients that have adopted the Current Expected Credit Loss
(CECL) standard may also treat the cost of the loan as equal to the CECL-based
expected credit losses over the life of the loan. Recipients may measure projected
losses either once, at the time the loan is extended, or annually over the covered
period.
Under either approach for measuring the amount of funds used to make loans with
maturities longer than December 31, 2026, recipients would not be subject to
restrictions under 2 CFR 200.307(e)(1) and need not separately track repayment of
principal or interest.
Any contribution of Fiscal Recovery Funds to a revolving loan fund must follow the
approach described above for loans with maturities longer than December 31, 2026. In
other words, a recipient could contribute Fiscal Recovery Funds to a revolving loan fund,
provided that the revolving loan fund makes loans that are eligible uses and the Fiscal
Recovery Funds contributed represent the projected cost of loans made over the life of
the revolving loan fund.
4.12. May funds be used for outreach to increase uptake of federal assistance like the
Child Tax Credit or federal programs like SNAP? [7/14]
Yes. Eligible uses to address negative economic impacts include work "to improve
efficacy of programs addressing negative economic impacts, including through use of
data analysis, targeted consumer outreach, improvements to data or technology
infrastructure, and impact evaluations." See 31 CFR 35.6(b)(10). Of note, per the
CSFRF/CLFRF V1',ep �� ng Q!jidance,, allowable use of funds for evaluations may also
include other types of program evaluations focused on program improvement and
evidence building. In addition, recipients may use funds to facilitate access to health and
social services in populations and communities disproportionately impacted by the
COVID-19 pandemic, including benefits navigators or marketing efforts to increase
consumer uptake of federal tax credits, benefits, or assistance programs that respond to
negative economic impacts of the pandemic. See 31 CFR 35.6(b)(12).
5. Eligible Uses — Premium Pay
5.1. What criteria should recipients use in identifying essential workers to receive
premium pay?
Essential workers are those in critical infrastructure sectors who regularly perform in-
person work, interact with others at work, or physically handle items handled by others.
26
AS OF JULY 19, 2021
Critical infrastructure sectors include healthcare, education and childcare, transportation,
sanitation, grocery and food production, and public health and safety, among others, as
provided in the Interim Final Rule. Governments receiving Fiscal Recovery Funds have
the discretion to add additional sectors to this list, so long as the sectors are considered
critical to protect the health and well-being of residents.
The Interim Final Rule emphasizes the need for recipients to prioritize premium pay for
lower income workers. Premium pay that would increase a worker's total pay above
150% of the greater of the state or county average annual wage requires specific
justification for how it responds to the needs of these workers.
5.2. What criteria should recipients use in identifying third -party employers to receive
grants for the purpose of providing premium pay to essential workers?
Any third -party employers of essential workers are eligible. Third -party contractors who
employ essential workers in eligible sectors are also eligible for grants to provide
premium pay. Selection of third -party employers and contractors who receive grants is at
the discretion of recipients.
To ensure any grants respond to the needs of essential workers and are made in a fair and
transparent manner, the rule imposes some additional reporting requirements for grants to
third -party employers, including the public disclosure of grants provided.
5.3. May recipients provide premium pay retroactively for work already performed?
Yes. Treasury encourages recipients to consider providing premium pay retroactively for
work performed during the pandemic, recognizing that many essential workers have not
yet received additional compensation for their service during the pandemic.
6. Eligible Uses — Water, Sewer, and Broadband Infrastructure
6.1. What types of water and sewer projects are eligible uses of funds?
The Interim Final Rule generally aligns eligible uses of the Funds with the wide range of
types or categories of projects that would be eligible to receive financial assistance
through the Environmental Protection Agency's Clean Water State Revolving Fund
(CWSRF) or Drinking Water State Revolving Fund (DWSRF).
Under the DWSRF, categories of of gibie pn include: treatment, transmission and
distribution (including lead service line replacement), source rehabilitation and
decontamination, storage, consolidation, and new systems development.
Under the CWSRF, categories of elgibie pn�?� include: construction of publicly -
owned treatment works, nonpoint source pollution management, national estuary
program projects, decentralized wastewater treatment systems, stormwater systems, water
27
AS OF JULY 19, 2021
conservation, efficiency, and reuse measures, watershed pilot projects, energy efficiency
measures for publicly -owned treatment works, water reuse projects, security measures at
publicly -owned treatment works, and technical assistance to ensure compliance with the
Clean Water Act.
As mentioned in the Interim Final Rule, eligible projects under the DWSRF and CWSRF
support efforts to address climate change, as well as to meet cybersecurity needs to
protect water and sewer infrastructure. Given the lifelong impacts of lead exposure for
children, and the widespread nature of lead service lines, Treasury also encourages
recipients to consider projects to replace lead service lines.
6.2. May construction on eligible water, sewer, or broadband infrastructure projects
continue past December 31, 2024, assuming funds have been obligated prior to that
date?
Yes. Treasury is interpreting the requirement that costs be incurred by December 31,
2024 to only require that recipients have obligated the funds by such date. The period of
performance will run until December 31, 2026, which will provide recipients a
reasonable amount of time to complete projects funded with Fiscal Recovery Funds.
6.3. May recipients use funds as a non-federal match for the Clean Water State
Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF)?
Recipients may not use funds as a state match for the CWSRF and DWSRF due to
prohibitions in utilizing federal funds as a state match in the authorizing statutes and
regulations of the CWSRF and DWSRF.
6.4. Does the National Environmental Policy Act (NEPA) apply to eligible infrastructure
projects?
NEPA does not apply to Treasury's administration of the Funds. Projects supported with
payments from the Funds may still be subject to NEPA review if they are also funded by
other federal financial assistance programs.
6.5. What types of broadband projects are eligible?
The Interim Final Rule requires eligible projects to reliably deliver minimum speeds of
100 Mbps download and 100 Mbps upload. In cases where it is impracticable due to
geography, topography, or financial cost to meet those standards, projects must reliably
deliver at least 100 Mbps download speed, at least 20 Mbps upload speed, and be
scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed.
Projects must also be designed to serve unserved or underserved households and
businesses, defined as those that are not currently served by a wireline connection that
reliably delivers at least 25 Mbps download speed and 3 Mbps of upload speed.
AS OF JULY 19, 2021
6.6. For broadband investments, may recipients use funds for related programs such as
cybersecurity or digital literacy training?
Yes. Recipients may use funds to provide assistance to households facing negative
economic impacts due to Covid-19, including digital literacy training and other programs
that promote access to the Internet. Recipients may also use funds for modernization of
cybersecurity, including hardware, software, and protection of critical infrastructure, as
part of provision of government services up to the amount of revenue lost due to the
public health emergency.
6.7. How do I know if a water, sewer, or broadband project is an eligible use of funds?
Do I need pre -approval? [6/8]
Recipients do not need approval from Treasury to determine whether an investment in a
water, sewer, or broadband project is eligible under CSFRF/CLFRF. Each recipient
should review the Interim Final Rule (IFR), along with the preamble to the Interim Final
Rule, in order to make its own assessment of whether its intended project meets the
eligibility criteria in the IFR. A recipient that makes its own determination that a project
meets the eligibility criteria as outlined in the IFR may pursue the project as a
CSFRF/CLFRF project without pre -approval from Treasury. Local government
recipients similarly do not need state approval to determine that a project is eligible under
CSFRF/CLFRF. However, recipients should be cognizant of other federal or state laws
or regulations that may apply to construction projects independent of CSFRF/CLFRF
funding conditions and that may require pre -approval.
............................................. "lean " `,.iter
For water an sewer projects, the IFR refers tot e EPA n� Viten an
State Revolving Funds (SRFs) for the categories of projects and activities that are eligible
for funding. Recipients should look at the relevant federal statutes, regulations, and
guidance issued by the EPA to determine whether a water or sewer project is eligible. Of
note, the IFR does not incorporate any other requirements contained in the federal
statutes governing the SRFs or any conditions or requirements that individual states may
place on their use of SRFs.
6.8. For broadband infrastructure investments, what does the requirement that
infrastructure "be designed to" provide service to unserved or underserved
households and businesses mean? [6/17]
Designing infrastructure investments to provide service to unserved or underserved
households or businesses means prioritizing deployment of infrastructure that will bring
service to households or businesses that are not currently serviced by a wireline
connection that reliably delivers at least 25 Mbps download speed and 3 Mbps of upload
speed. To meet this requirement, states and localities should use funds to deploy
broadband infrastructure projects whose objective is to provide service to unserved or
underserved households or businesses. These unserved or underserved households or
businesses do not need to be the only ones in the service area funded by the project.
29
AS OF JULY 19, 2021
6.9. For broadband infrastructure to provide service to "unserved or underserved
households or businesses," must every house or business in the service area be
unserved or underserved? [6/17]
No. It suffices that an objective of the project is to provide service to unserved or
underserved households or businesses. Doing so may involve a holistic approach that
provides service to a wider area in order, for example, to make the ongoing service of
unserved or underserved households or businesses within the service area economical.
Unserved or underserved households or businesses need not be the only households or
businesses in the service area receiving funds.
6.10. May recipients use payments from the Funds for "middle mile" broadband
projects? [6/17]
Yes. Under the Interim Final Rule, recipients may use payments from the Funds for
"middle -mile projects," but Treasury encourages recipients to focus on projects that will
achieve last -mile connections—whether by focusing on funding last -mile projects or by
ensuring that funded middle -mile projects have potential or partnered last -mile networks
that could or would leverage the middle -mile network.
6.11. For broadband infrastructure investments, what does the requirement to "reliably"
meet or exceed a broadband speed threshold mean? [6/17]
In the Interim Final Rule, the term "reliably" is used in two places: to identify areas that
are eligible to be the subject of broadband infrastructure investments and to identify
expectations for acceptable service levels for broadband investments funded by the
Coronavirus State and Local Fiscal Recovery Funds. In particular:
• The IFR defines "unserved or underserved households or businesses" to mean one
or more households or businesses that are not currently served by a wireline
connection that reliably delivers at least 25 Mbps download speeds and 3 Mbps of
upload speeds.
• The IFR provides that a recipient may use Coronavirus State and Local Fiscal
Recovery Funds to make investments in broadband infrastructure that are
designed to provide service to unserved or underserved households or businesses
and that are designed to, upon completion: (i) reliably meet or exceed
symmetrical 100 Mbps download speed and upload speeds; or (ii) in limited
cases, reliably meet or exceed 100 Mbps download speed and between 20 Mbps
and 100 Mbps upload speed and be scalable to a minimum of 100 Mbps download
and upload speeds.
The use of "reliably" in the IFR provides recipients with significant discretion to assess
whether the households and businesses in the area to be served by a project have access
to wireline broadband service that can actually and consistently meet the specified
thresholds of at least 25Mbps/3Mbpsi.e., to consider the actual experience of current
30
AS OF JULY 19, 2021
wireline broadband customers that subscribe to services at or above the 25 Mbps/3 Mbps
threshold. Whether there is a provider serving the area that advertises or otherwise
claims to offer speeds that meet the 25 Mbps download and 3 Mbps upload speed
thresholds is not dispositive.
When making these assessments, recipients may choose to consider any available data,
including but not limited to documentation of existing service performance, federal
and/or state -collected broadband data, user speed test results, interviews with residents
and business owners, and any other information they deem relevant. In evaluating such
data, recipients may take into account a variety of factors, including whether users
actually receive service at or above the speed thresholds at all hours of the day, whether
factors other than speed such as latency or jitter, or deterioration of the existing
connections make the user experience unreliable, and whether the existing service is
being delivered by legacy technologies, such as copper telephone lines (typically using
Digital Subscriber Line technology) or early versions of cable system technology
(DOCSIS 2.0 or earlier).
The IFR also provides recipients with significant discretion as to how they will assess
whether the project itself has been designed to provide households and businesses with
broadband services that meet, or even exceed, the speed thresholds provided in the rule.
6.12. May recipients use Funds for pre -project development for eligible water, sewer, and
broadband projects? [6/231
Yes. To determine whether Funds can be used on pre -project development for an eligible
water or sewer project, recipients should consult whether the pre-proj ect development use
or cost is eligible under the Drinking Water and Clean Water State Revolving Funds
(CWSRF and DWSRF, respectively). Generally, the CWSRF and DWSRF often allow
for pre -project development costs that are tied to an eligible project, as well as those that
are reasonably expected to lead to a project. For example, the DWSRF
aiiows for
planning and evaluations uses, as well as numerous pre -project development costs,
including costs associated with obtaining project authorization, planning and design, and
project start-up like training and warranty for equipment. Likewise, the CWSRF.a..1 I o..ws
for broad pre -project development, including planning and assessment activities, such as
cost and effectiveness analyses, water/energy audits and conservation plans, and capital
improvement plans.
Similarly, pre -project development uses and costs for broadband projects should be tied
to an eligible broadband projector reasonably expected to lead to such a project. For
example, pre -project costs associated with planning and engineering for an eligible
broadband infrastructure build -out is considered an eligible use of funds, as well as
technical assistance and evaluations that would reasonably be expected to lead to
commencement of an eligible project (e.g., broadband mapping for the purposes of
finding an eligible area for investment).
31
AS OF JULY 19, 2021
All funds must be obligated within the statutory period between March 3, 2021 and
December 31, 2024, and expended to cover such obligations by December 31, 2026.
6.13. May State and Local Fiscal Recovery Funds be used to support energy or
electrification infrastructure that would be used to power new water treatment
plants and wastewater systems? [7/14]
The EPA's Overviev� ol. 1 lean Water State 11e�✓o ving Fun [�Iic b lities describes
eligible energy-related projects. This includes a "[p]ro rata share of capital costs of
offsite clean energy facilities that provide power to a treatment works." Thus, State and
Local Fiscal Recovery Funds may be used to finance the generation and delivery of clean
power to a wastewater system or a water treatment plant on a pro -rata basis. If the
wastewater system or water treatment plant is the sole user of the clean energy, the full
cost would be considered an eligible use of funds. If the clean energy provider provides
power to other entities, only the proportionate share used by the water treatment plant or
wastewater system would be an eligible use of State and Local Fiscal Recovery Funds.
6.14. How should states and local governments assess whether a stormwater management
project, such as a culvert replacement, is an eligible project for State and Local
Fiscal Recovery Funds? [7/14]
FAQ 6.7 describes the overall approach that recipients may take to evaluate the eligibility
of water or sewer projects. For stormwater management projects specifically, as noted in
the EPA's Overview of Clean Watt Stints 11evolvin�..:ll�und .l. Iiaib lities, "Stormwater
projects must have a water quality benefit." Thus, to be eligible under CSFRF/CLFRF,
stormwater management projects should be designed to incorporate water quality benefits
consistent with the goals of the Clean Water Act. °a;qm.. al of"the Clean Winter Act.
6.15. May recipients use Funds for road repairs and upgrades that occur in connection
with an eligible water or sewer project? [7/14]
Yes, recipients may use State and Local Fiscal Recovery Funds for road repairs and
upgrades directly related to an eligible water or sewer project. For example, a recipient
could use Funds to repair or re -pave a road following eligible sewer repair work beneath
it. However, use of Funds for general infrastructure projects is subject to the limitations
described in FAQ 4.2. Water and sewer infrastructure projects are often a single
component of a broader transportation infrastructure project, for example, the
implementation of stormwater infrastructure to meet Clean Water Act established water
quality standards. In this example, the components of the infrastructure project that
interact directly with the stormwater infrastructure project may be funded by Fiscal
Recovery Funds.
6.16. May Funds be used to build or upgrade broadband connections to schools or
libraries? [7/14]
32
AS OF JULY 19, 2021
As outlined in the IFR, recipients may use Fiscal Recovery Funds to invest in broadband
infrastructure that, wherever it is practicable to do so, is designed to deliver service that
reliably meets or exceeds symmetrical upload and download speeds of 100 Mbps to
households or businesses that are not currently serviced by a wireline connection that
reliably delivers at least 25 Mbps download speed and 3 Mbps of upload speed. Treasury
interprets "businesses" in this context broadly to include non-residential users of
broadband, including private businesses and institutions that serve the public, such as
schools, libraries, healthcare facilities, and public safety organizations.
6.17. Are eligible infrastructure projects subject to the Davis -Bacon Act? [7/14]
The Davis -Bacon Act requirements (prevailing wage rates) do not apply to projects
funded solely with award funds from the CSFRF/CLFRF program, except for
C SFRF/CLFRF -funded construction projects undertaken by the District of Columbia.
The Davis -Bacon Act specifically applies to the District of Columbia when it uses federal
funds (CSFRF/CLFRF funds or otherwise) to enter into contracts over $2,000 for the
construction, alteration, or repair (including painting and decorating) of public buildings
or public works. Recipients may be otherwise subject to the requirements of the Davis -
Bacon Act, when CSFRF/CLFRF award funds are used on a construction project in
conjunction with funds from another federal program that requires enforcement of the
Davis -Bacon Act. Additionally, corollary state prevailing -wage -in -construction laws
(commonly known as "baby Davis -Bacon Acts") may apply to projects. Please refer to
FAQ 4.10 concerning projects funded with both CSFRF/CLFRF funds and other sources
of funding.
Treasury has indicated in its Interim Final Rule that it is important that necessary
investments in water, sewer, or broadband infrastructure be carried out in ways that
produce high-quality infrastructure, avert disruptive and costly delays, and promote
efficiency. Treasury encourages recipients to ensure that water, sewer, and broadband
projects use strong labor standards, including project labor agreements and community
benefits agreements that offer wages at or above the prevailing rate and include local hire
provisions, not only to promote effective and efficient delivery of high-quality
infrastructure projects, but also to support the economic recovery through strong
employment opportunities for workers. Using these practices in construction projects
may help to ensure a reliable supply of skilled labor that would minimize disruptions,
such as those associated with labor disputes or workplace injuries.
Treasury has also indicated in its reporting guidance that recipients will need to provide
documentation of wages and labor standards for infrastructure projects over $10 million,
and that that these requirements can be met with certifications that the project is in
compliance with the Davis -Bacon Act (or related state laws, commonly known as "baby
Davis -Bacon Acts") and subject to a project labor agreement. Please refer to the
Reporting and Compliance Guidance, page 21, for more detailed information on the
reporting requirement.
33
AS OF JULY 19, 2021
7. Non -Entitlement Units (NEUs)
Answers to frequently asked questions on distribution of funds to NEUs can be found in
this ]F' _s pplement, which is regularly updated.
8. Ineligible Uses
8.1. What is meant by a pension "deposit"? Can governments use funds for routine
pension contributions for employees whose payroll and covered benefits are eligible
expenses?
Treasury interprets "deposit" in this context to refer to an extraordinary payment into a
pension fund for the purpose of reducing an accrued, unfunded liability. More
specifically, the interim final rule does not permit this assistance to be used to make a
payment into a pension fund if both: (1) the payment reduces a liability incurred prior to
the start of the COVID-19 public health emergency, and (2) the payment occurs outside
the recipient's regular timing for making such payments.
Under this interpretation, a "deposit" is distinct from a "payroll contribution," which
occurs when employers make payments into pension funds on regular intervals, with
contribution amounts based on a pre -determined percentage of employees' wages and
salaries. In general, if an employee's wages and salaries are an eligible use of Fiscal
Recovery Funds, recipients may treat the employee's covered benefits as an eligible use
of Fiscal Recovery Funds.
8.2. May recipients use Fiscal Recovery Funds to fund Other Post -Employment Benefits
(OPEB)? [6/8]
OPEB refers to benefits other than pensions (see, e.g., Qg., Ml e al. � un1lEg
Sta..ndu.rds.B.Q.41 ," lather Post ]En ptomeent .Bene its"). Treasury has determined that
Sections 602(c)(2)(B) and 603(c)(2), which refer only to pensions, do not prohibit
CSFRF/CLFRF recipients from funding OPEB. Recipients of either the CSFRF/CLFRF
may use funds for eligible uses, and a recipient seeking to use CSFRF/CLFRF funds for
OPEB contributions would need to justify those contributions under one of the four
eligible use categories.
9. Reporting
On June 17, 2021, Treasury released Guidance_ ll�'„���p�ent ccol��Hance and 11.e
..... ........ .......
ll espons a i t es i:or the Coron ✓irus St ate a nd ll oc� t I iscal 11..ecovery Funds. Recipients should
consult this guidance for additional detail and clarification on recipients' compliance and
reporting responsibilities. A users' guide will be provided with additional information on how
and where to submit required reports.
34
AS OF JULY 19, 2021
9.1. What records must be kept by governments receiving funds?
Financial records and supporting documents related to the award must be retained for a
period of five years after all funds have been expended or returned to Treasury,
whichever is later. This includes those which demonstrate the award funds were used for
eligible purposes in accordance with the ABPA, Treasury's regulations implementing
those sections, and Treasury's guidance on eligible uses of funds.
9.2. What reporting will be required, and when will the first report be due?
Recipients will be required to submit an interim report, quarterly project and expenditure
reports, and annual Recovery Plan Performance Reports as specified below, regarding
their utilization of Coronavirus State and Local Fiscal Recovery Funds.
Interim reports: States (defined to include the District of Columbia), territories,
metropolitan cities, counties, and Tribal governments will be required to submit one
interim report. The interim report will include a recipient's expenditures by category at
the summary level and for states, information related to distributions to non -entitlement
units of local government must also be included in the interim report. The interim report
will cover activity from the date of award to July 31, 2021 and must be submitted to
Treasury by August 31, 2021. Non -entitlement units of local government are not required
to submit an interim report.
Quarterly Project and Expenditure reports: State (defined to include the District of
Columbia), territorial, metropolitan city, county, and Tribal governments will be required
to submit quarterly project and expenditure reports. This report will include financial
data, information on contracts and subawards over $50,000, types of projects funded, and
other information regarding a recipient's utilization of award funds. Reports will be
required quarterly with the exception of non -entitlement units, which will report
annually. An interim report is due on August 31, 2021. The reports will include the
same general data as those submitted by recipients of the Coronavirus Relief Fund, with
some modifications to expenditure categories and the addition of data elements related to
specific eligible uses. The initial quarterly Project and Expenditure report will cover two
calendar quarters from the date of award to September 30, 2021 and must be submitted to
Treasury by October 31, 2021. The subsequent quarterly reports will cover one calendar
quarter and must be submitted to Treasury within 30 days after the end of each calendar
quarter.
Non -entitlement units of local government will be required to submit the project and
expenditure report annually. The initial annual Project and Expenditure report for non -
entitlement units of local government will cover activity from the date of award to
September 30, 2021 and must be submitted to Treasury by October 31, 2021. The
subsequent annual reports must be submitted to Treasury by October 31 each year.
Recovery Plan Performance Reports: States (defined to include the District of Columbia),
territories, metropolitan cities, and counties with a population that exceeds 250,000
35
AS OF JULY 19, 2021
residents will also be required to submit an annual Recovery Plan Performance Report to
Treasury. This report will include descriptions of the projects funded and information on
the performance indicators and objectives of each award, helping local residents
understand how their governments are using the substantial resources provided by
Coronavirus State and Local Fiscal Recovery Funds program. The initial Recovery Plan
Performance Report will cover activity from date of award to July 31, 2021 and must be
submitted to Treasury by August 31, 2021. Thereafter, the Recovery Plan Performance
Reports will cover a 12 -month period and recipients will be required to submit the report
to Treasury within 30 days after the end of the 12 -month period. The second Recovery
Plan Performance Report will cover the period from July 1, 2021 to June 30, 2022 and
must be submitted to Treasury by July 31, 2022. Each annual Recovery Plan
Performance Report must be posted on the public -facing website of the recipient. Local
governments with fewer than 250,000 residents, Tribal governments, and non -entitlement
units of local government are not required to develop a Recovery Plan Performance
Report.
Please see the �'uuidance on ll ecipient Compliance and B epoltino ll1'.esponsibiiities for
more information.
9.3. What provisions of the Uniform Guidance for grants apply to these funds? Will the
Single Audit requirements apply?
Most of the provisions of the Uniform Guidance (2 CFR Part 200) apply to this program,
including the Cost Principles and Single Audit Act requirements. Recipients should refer
to the Assistance Listing for detail on the specific provisions of the Uniform Guidance
that do not apply to this program. The Assistance Listing will be available on
beta. SAM.gov.
9.4. Once a recipient has identified a reduction in revenue, how will Treasury track use
of funds for the provision of government services? [6/8]
The ARPA establishes four categories of eligible uses and further restrictions on the use
of funds to ensure that Fiscal Recovery Funds are used within the four eligible use
categories. The Interim Final Rule implements these restrictions, including the scope of
the eligible use categories and further restrictions on tax cuts and deposits into
pensions. Reporting requirements will align with this structure.
Consistent with the broad latitude provided to recipients to use funds for government
services to the extent of the reduction in revenue, recipients will be required to submit a
description of services provided. As discussed in IFR, these services can include a broad
range of services but may not be used directly for pension deposits, contributions to
reserve funds, or debt service. Recipients may use sources of funding other than Fiscal
Recovery Funds to make deposits to pension funds, contribute to reserve funds, and pay
debt service, including during the period of performance for the Fiscal Recovery Fund
award.
36
AS OF JULY 19, 2021
For recipients using Fiscal Recovery Funds to provide government services to the extent
of reduction in revenue, the description of government services reported to Treasury may
be narrative or in another form, and recipients are encouraged to report based on their
existing budget processes and to minimize administrative burden. For example, a
recipient with $100 in revenue replacement funds available could indicate that $50 were
used for personnel costs and $50 were used for pay -go building of sidewalk
infrastructure.
In addition to describing the government services provided to the extent of reduction in
revenue, all recipients will also be required to indicate that Fiscal Recovery Funds are not
used directly to make a deposit in a pension fund. Further, recipients subject to the tax
offset provision will be required to provide information necessary to implement the
Interim Final Rule, as described in the Interim Final Rule. Treasury does not anticipate
requiring other types of reporting or recordkeeping on spending in pensions, debt service,
or contributions to reserve funds.
These requirements are further detailed in the guidance on reporting requirements for the
Fiscal Recovery Funds available
he. e.
9.5. What is the Assistance Listing and Catalog of Federal Domestic Assistance (CFDA)
number for the program? [6/81
The AssistanceList ng for the Coronavirus State and Local Fiscal Recovery Funds
(CSLFRF) was published May 28, 2021 on SAM.gov. This includes the final CFDA
Number for the program, 21.027.
The assistance listing includes helpful information including program purpose, statutory
authority, eligibility requirements, and compliance requirements for recipients. The
CFDA number is the unique 5 -digit code for each type of federal assistance, and can be
used to search for program information, including funding opportunities, spending on
usaspending.gov, or audit results through the Federal Audit Clearinghouse.
To expedite payments and meet statutory timelines, Treasury issued initial payments
under an existing CFDA number. If you have already received funds or captured the
initial CFDA number in your records, please update your systems and reporting to reflect
the final CFDA number 21.027. Recipients must use the final CFDA number for all
financial accounting, audits, subawards, and associated program reporting
requirements.
To ensure public trust, Treasury expects all recipients to serve as strong stewards of these
funds. This includes ensuring funds are used for intended purposes and recipients have in
place effective financial management, internal controls, and reporting for transparency
and accountability.
Please see T easuu .y's Interim Fimfl 11,.uuie and the Guidance n 11ecipient Compliance and
„.p.„ ng ll,sponsiaiiities for more information.
37
AS OF JULY 19, 2021
10. Miscellaneous
10.1. May governments retain assets purchased with Fiscal Recovery Funds? If so, what
rules apply to the proceeds of disposition or sale of such assets?
Yes, if the purchase of the asset was consistent with the limitations on the eligible use of
funds. If such assets are disposed of prior to December 31, 2024, the proceeds would be
subject to the restrictions on the eligible use of payments.
10.2. Can recipients use funds for administrative purposes?
Recipients may use funds to cover the portion of payroll and benefits of employees
corresponding to time spent on administrative work necessary due to the COVID-19
public health emergency and its negative economic impacts. This includes, but is not
limited to, costs related to disbursing payments of Fiscal Recovery Funds and managing
new grant programs established using Fiscal Recovery Funds.
10.3. Are recipients required to remit interest earned on CSFRF/CLFRF payments made
by Treasury? [5/27, updated 7/14]
No. CSFRF/CLFRF payments made by Treasury to states, territories, and the District of
Columbia are not subject to the requirement of the Cash Management Improvement Act
and Treasury's implementing regulations at 31 CFR part 205 to remit interest to
Treasury. CSFRF/CLFRF payments made by Treasury to local governments and Tribes
are not subject to the requirement of 2 CFR 200.305(b)(8)—(9) to maintain balances in an
interest-bearing account and remit payments to Treasury. Moreover, interest earned on
CSFRF/CLFRF payments is not subject to program restrictions. Finally, States may
retain interest on payments made by Treasury to the State for distribution to NEUs that is
earned before funds are distributed to NEUs, provided that the State adheres to the
statutory requirements and Treasury's guidance regarding the distribution of funds to
NEUs. Such interest is also not subject to program restrictions.
Among other things, States and other recipients may use earned income to defray the
administrative expenses of the program, including with respect to NEUs.
10.4. Is there a deadline to apply for funds? [5/27]
The Interim Final Rule requires that costs be incurred by December 31, 2024. Direct
recipients are encouraged to apply as soon as possible. For direct recipients other than
Tribal governments, there is not a specific application deadline.
Tribal governments do have deadlines to complete the application process and should
visit r trees u1 v/ °al�ll 11..V „ll;°���aa1 for guidance on applicable deadlines.
AS OF JULY 19, 2021
Non -entitlement units of local government should contact their state government for
information on applicable deadlines.
10.5. May recipients use funds to cover the costs of consultants to assist with managing
and administering the funds? [6/81
Yes. Recipients may use funds for administering the CSFRF/CLFRF program, including
costs of consultants to support effective management and oversight, including
consultation for ensuring compliance with legal, regulatory, and other requirements.
11. Operations
11.1. How do I know if my entity is eligible?
The Coronavirus State and Local Fiscal Recovery Funds American Rescue Plan Act of
2021 set forth the jurisdictions eligible to receive funds under the program, which are:
• States and the District of Columbia
• Territories
• Tribal governments
• Counties
• Metropolitan cities (typically, but not always, those with populations over 50,000)
• Non -entitlement units of local government, or smaller local governments
(typically, but not always, those with populations under 50,000)
11.2. How does an eligible entity request payment?
Eligible entities (other than non -entitlement units) must submit their information to the
1"ne sun Su n i�ssion Por i. Please visit the Coronavirus State and Local Fiscal
.l��ecower L'u�md weVf�site for more informatio,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,°,,,,,,,,,,,,,,,,,e., n on the submission process.
11.3. I cannot log into the Treasury Submission Portal or am having trouble navigating
it. Who can help me?
If you have questions about the Treasury Submission Portal or for technical support,
please email covid-et el.'tts�u,ppo���),t�e����u� ov.
11.4. What do I need to do to receive my payment?
All eligible payees are required to have a DUNS Number previously issued by Dun &
Bradstreet
All eligible payees are also required to have an active registration with the System for
Award Management (SAM) (.ps //...:s.i...p✓).
39
AS OF JULY 19, 2021
And eligible payees must have a bank account enabled for Automated Clearing House
(ACH) direct deposit. Payees with a Wire account are encouraged to provide that
information as well.
More information on these and all program pre -submission requirements can be found on
the ,oron�mvirus State acid Local Fiscal recover l�+ thud well)site.
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Y,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..............................,
11.5. Why is Treasury employing id.me for the Treasury Submission Portal?
ID.me is a trusted technology partner to multiple government agencies and healthcare
providers. It provides secure digital identity verification to those government agencies
and healthcare providers to make sure you're you — and not someone pretending to be you
— when you request access to online services. All personally identifiable information
provided to ID.me is encrypted and disclosed only with the express consent of the user.
Please refer to ID.me Contact Support for assistance with your ID.me account. Their
support website is h 1 .s..-//h�I.....:.�..,me.
11.6. Why is an entity not on the list of eligible entities in Treasury Submission Portal?
The ARPA statute lays out which governments are eligible for payments. The list of
entities within the Treasury Submission Portal includes entities eligible to receive a direct
payment of funds from Treasury, which include states (defined to include the District of
Columbia), territories, Tribal governments, counties, and metropolitan cities.
Eligible non -entitlement units of local government will receive a distribution of funds
from their respective state government and should not submit information to the Treasury
Submission Portal.
If you believe an entity has been mistakenly left off the eligible entity list, please email
:L:�'.:1113 i),treasuu� t. v.
11.7. What is an Authorized Representative?
An Authorized Representative is an individual with legal authority to bind the
government entity (e.g., the Chief Executive Officer of the government entity). An
Authorized Representative must sign the Acceptance of Award terms for it to be valid.
11.8. How does a Tribal government determine their allocation?
Tribal governments will receive information about their allocation when the submission
to the Treasury Submission Portal is confirmed to be complete and accurate.
11.9. How do I know the status of my request for funds (submission)?
Entities can check the status of their submission at any time by logging into "J.."Le...a.sun".y
Su�amission 2o..rl � ..
.........................................................................................................................
M
AS OF JULY 19, 2021
11.10. My Treasury Submission Portal submission requires additional
information/correction. What is the process for that?
If your Authorized Representative has not yet signed the award terms, you can edit your
submission with in the into 'I "' " ' " r " ea " s u , Ey_5LhDjj�i��. If your Authorized
Representative has signed the award terms, please email ..SL F.13...Pgtr��a�uEyZgy to request
..... ........ ..... . .. .. ..
assistance with updating your information.
11.11. My request for funds was denied. How do I find out why it was denied or appeal the
decision?
Please check to ensure that no one else from your entity has applied, causing a duplicate
submission. Please also review the list of all eligible entities on the .0 o r o 12 a..Xi r I I s Stag
and Local Fiscal Rgcover Futid wellmite,
................................................................................................................................................................................... Y ........................................................................................................
If you still have questions regarding your submission, please email
.S........L.F...11I.1...3.....2!)1r�easU�1.( ov..
11.12. When will entities get their money?
Before Treasury is able to execute a payment, a representative of an eligible government
must submit the government's information for verification through theTreasuly
.S. uh m i ss o..n 2 of!al.. The verification process takes approximately four business days. If
any errors are identified, the designated point of contact for the government will be
contacted via email to correct the information before the payment can proceed. Once
verification is complete, the designated point of contact of the eligible government will
receive an email notifying them that their submission has been verified. Payments are
generally scheduled for the next business day after this verification email, though funds
may not be available immediately due to processing time of their financial institution.
11.13. How does a local government entity provide Treasury with a notice of transfer of
funds to its State?
For more information on how to provide Treasury with notice of transfer to a state, please
email .S.........1....,dre.........................u.......nd..s.C ) tr e
o.........v.✓..
41
AS OF JULY 19, 2021
Appendix: Interim Final Rule Definition of General Revenue Within the Census Bureau Classification Structure of Revenue
I '1�'M "11,11,
*While Tribal Enterprise Revenue is not
within the scope ofthe Census Bureau's
Annual Survey of State and Local
Government Finances, Tribal govermennts
may include enterprise revenue in calculating
revenue loss under the Interim Final Rule.
Source: fCti Annual dICJf:°;/Of �t��rtt��: �CC16�L,UQ,�t�iaUVP:f TI CCIt.Ci�, �'IC1AT16;%5
42
C',P FE L
File ID: 2021-5883
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5883
Type: Agenda Item
Reference:
File Name: National Preparedness Month
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Proclamations
In Control: Fire
File Created: 09/07/2021
Final Action:
Title: Consider approval of a Proclamation naming the month of September
"National Preparedness Month," and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: 2021 Preparedness Month Proclamation. 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 2021-5883
Title
Consider approval of a Proclamation naming the month of September "National Preparedness
Month," and authorizing the Mayor to sign.
Summary
The Coppell Fire Department and the City of Coppell uses National Preparedness to Month to
encourage Coppell citizens to prepare for emergencies and disasters.
Fiscal Impact:
There is no fiscal impact of this Agenda item.
Staff Recommendation:
The Fire Department recommends approval.
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 1 Printed on 9/10/2021
Master Continued (2021-5883)
City of Coppell, Texas Page 2 Printed on 9/10/2021
PROCLAMATION
WHEREAS, each year Texas experiences a variety of emergencies and natural disasters that pose
significant dangers to communities, such that it is vital for all Texans to remain prepared for any
disaster; and
WHEREAS, it is imperative that all individuals and communities work together to develop
preparedness plans which can help minimize the impact of disaster in Coppell and beyond; and
WHEREAS, individuals and families are encouraged to develop and practice emergency plans
to protect their household and property by taking time to create a communication strategy,
financial plan, build a three-day disaster preparedness kit, and sign up for emergency alerts; and
WHEREAS, Coppell's Fire Department and Emergency Management staff strive to increase
public awareness of the need to prepare for emergencies and disasters; and
WHEREAS, all Coppell residents are empowered to stay prepared today, which ensures a better
and safer tomorrow for Coppell and the state of Texas.
NOW, THEREFORE, I, Wes Mays, as Mayor of the City of Coppell do hereby proclaim the
month of September 2021 as:
"NATIONAL PREPAREDNESS MONTH"
in the City of Coppell, Texas, and encourage all families and businesses to develop their own
emergency preparedness plans, thereby creating a safer and more prepared Coppell.
IN WITNESS WHEREOF, I have hereunto set my signature and the seal of the City of Coppell,
this 14'h day of September 2021.
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
C',P FE L
File ID: 2021-5884
Version: 1
File Name: Minutes: August 24
City of Coppell, Texas
Master
File Number: 2021-5884
Type: Agenda Item
Reference:
Title: Consider approval of minutes: August 24, 2021.
Notes:
Sponsors:
Attachments: CM 2021-08-24.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: City Council
File Created: 09/07/2021
Final Action:
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5884
Title
Consider approval of minutes: August 24, 2021.
Summary
City of Coppell, Texas Page 1 Printed on 9/10/2021
C'I -L
Tuesday, August 24, 2021
WES MAYS
Mayor
CLIFF LONG
Place 1
DON CARROLL
Place 3
KEVIN NEVELS
Place 4
MIKE LAND
City Manager
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
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 24, 2021 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
1. Call to Order
Mayor Wes Mays called the meeting to order, determined that a quorum was
present and convened into the Work Session at 5:31 p.m.
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.
Presented in Work Session
City of Coppell, Texas Page 1
City Council Minutes August 24, 2021
Regular Session
Mayor Wes Mays adjourned the Work Session at 7:03 p.m. and reconvened into
the Regular Session at 7:30 p.m.
3. Invocation 7:30 p.m.
Rolando Carizales with Mundo de Fe gave the invocation.
4. Pledge of Allegiance
Mayor Wes Mays and the City Council led those present in the Pledge of
Allegiance.
5. Citizens' Appearance
Mayor Wes Mays asked for those who signed up to speak:
1) Thomas Burrows, 138 Wynnpage, spoke in regards to code issues.
6. Consent Agenda
A. Consider approval of minutes: August 10, 2021.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Kevin Nevels, that Consent Agenda Items A and B be
approved. The motion passed by an unanimous vote.
B. 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.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Kevin Nevels, that Consent Agenda Items A and B be
approved. The motion passed by an unanimous vote.
Enactment No: RE 2021-0824.1
End of Consent Agenda
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.
Members of the Magnolia Park Homeowners' Association made a presentation
to City Council.
No action was taken by City Council.
City of Coppell, Texas Page 2
City Council Minutes August 24, 2021
8. City Manager Reports - Project Updates and Future Agendas
City Manager Mike Land gave the following project updates:
Grapevine Springs Park Dredging & Wall Repairs — dredging operation is
underway, should be completed in about 30 days. The diversion wall
contractor should be ready for a concrete pour by the end of this week. They
battled high water in the creek most of last week due to the rain.
Airline Drive — Sidewalk and landscaping work continues. The project is still on
track for completion by the end of August.
Cambria/Wise Way — The northern lane pavement is nearing completion. The
southern lane subgrade prep is beginning.
Intersection Improvement Project — Signal work completion is required at
Parkway and Southwestern in order to complete the turn lanes that are in
progress. Bike and pedestrian access is being maintained during construction.
Demolition is beginning at Sandy Lake and Denton Tap. There is little -to -no
impact to peak -period traffic flow associated with this project because work
and staging is occurring in the median or parkway, not in the travel lanes.
Stream G-6 — Gabion Basket installation continues, the project is
approximately 40% complete.
Belt Line — Work expected to commence late September or early October.
9. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
City of Coppell Administrative Offices will be closed on Monday, September
6th, in observation of Labor Day.
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.
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
Councilmember Don Carroll reported that the DRMC August meeting was
routine in nature and consisted of agency reports.
City of Coppell, Texas Page 3
City Council Minutes August 24, 2021
Councilmember Mark Hill reported that Woven Clinic is seeing a significant
increase in COVID-19 patients, mainly 30 to 50 year olds, over 90% of those
patients are unvaccinated. Woven has seen an increased demand for the
COVID-19 vaccine. Woven recently opened their second clinic in North
Carrollton. Woven has also expanded their mental health services, and will be
holding a virtual awards ceremony and fundraiser on Friday, November 12th,
featuring the theme "Changing the Future for Mental Health Care". For more
information please visit wovenhealth.org
Councilmember Biju Mathew reported that Metrocrest Services is experiencing
a surge in their food pantry usage. With school starting and students at home
with remote learning, groceries are needed. Metrocrest is also in need of
volunteers to work the pantry and resale store. Metrocrest Services CEO Tracy
Eubanks has been promoting the "Let's Roll North Texas" Toilet Paper
Challenge. For more information please visit metrocrestservices.org.
11. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
Nothing to report.
12. Necessary Action from Executive Session
There was no Executive Session.
13. Adjournment
There being no further business before the City Council, the meeting was
adjourned at 8:41 p.m.
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
City of Coppell, Texas Page 4
C',P FE L
File ID: 2021-5880
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5880
Type: Agenda Item
Reference:
File Name: Annual Investment Policy Adoption for FY 2022
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: Finance
File Created: 09/04/2021
Final Action:
Title: Consider approval and adoption of the City of Coppell Investment Policy.
Notes:
Sponsors:
Attachments: Memo - Investment Policy.pdf, 2021 Investment
Policy.pdf, Certificate.pdf
Contact:
Drafter:
Related Files:
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 2021-5880
Title
Consider approval and adoption of the City of Coppell Investment Policy.
Summary
See attached memorandum.
Fiscal Impact:
There is no fiscal impact resulting from approval of this agenda item.
Staff Recommendation:
The Finance Department recommends approval.
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 1 Printed on 9/10/2021
I T v
C0FP'E1-11dL,_L
rM, A h
MEMORANDUM
To: Mayor and City Council
From: Kimberly Tiehen, Assistant Director of Finance
Via: Jennifer Miller, Director of Finance
Date: September 14, 2021
Reference: Consider approval and adoption of the City of Coppell Investment Policy
2040: Sustainable City Government
Introduction:
As required by the Texas Public Funds Investment Act, the written Investment Policy must be reviewed and
adopted on an annual basis by the governing body.
Analysis:
Changes to the Public Funds Investment Act made during the 2021 Legislative Session did not affect the City of
Coppell's Investment Policy. In addition, the Finance Department reviewed the policy and recommends no changes.
Furthermore, the investment policy has been reviewed by the Government Treasurers' Organization of Texas (GTOT)
Review Committee to ensure it meets the requirements of the Texas Public Funds Investment Act. The investment
policy originally received the Certificate of Distinction Award on July 10, 2001 and has subsequently been recertified
on a biannual basis. The current Certification of Investment Policy is effective for a two-year period ending August
31, 2022. The GTOT has indicated our policy meets the criteria set forth in the investment policy review checklist
and is an excellent example of a comprehensive written investment policy.
Legal Review:
This agenda item was reviewed by legal counsel during the Council packet review process.
Fiscal Impact:
There is no fiscal impact resulting from approval of this agenda item.
Recommendation:
The Finance Department recommends approval.
INTRODUCTION
The purpose of this document is to set forth specific investment policy and strategy guidelines
for the City of Coppell in order to achieve the goals of safety, liquidity, yield, and public trustfor
all investment activity. The City Council of the City of Coppell shall review its investment
strategies and policy not less than annually. This policy serves to satisfy the statutory
requirement of Chapter 2256, Texas Government Code as amended, to define, adopt and review
a formal investment strategy and policy.
INVESTMENT STRATEGY
The City of Coppell maintains portfolios utilizing four specific investment strategy considerations
designed to address the unique characteristics of the fund groups represented in the portfolios:
A. Investment strategies for operating funds and commingled pools containing operating
funds have as their primary objective to assure that anticipated cash flows are matched with
adequate investment liquidity. The secondary objective is to create a portfolio structure
which will experience minimal volatility during economic cycles. This may be
accomplished by purchasing high quality, short -to -medium-term securities which will
complement each other in a laddered or barbell maturity structure. The dollar weighted
average maturity of 365 days or less will be calculated using the stated final maturity date
of each security.
B. Investment strategies for debt service funds shall have as the primary objective the
assurance of investment liquidity adequate to cover the debt service obligation on the
required payment date. Securities purchased shall not have a stated final maturity date that
exceeds the debt service payment date, or funds shall be maintained in an investment pool
to be available for debt service payments.
C. Investment strategies for debt service reserve funds shall have as the primary objective the
ability to generate a dependable revenue stream to the appropriate debt service fund from
securities with a low degree of volatility. Securities should be of high quality and, except
as may be required by the bond ordinance specific to an individual issue, of short to
intermediate-term maturities. Volatility shall be further controlled through maturity and
quality range, without paying premium, if at all possible. Such securities will tend to hold
their value during economic cycles.
D. Investment strategies for special projects or special purpose fund portfolios will have as
their primary objective to assure that anticipated cash flows are matched with adequate
investment liquidity. These portfolios should include at least 10% in highly liquid securities
to allow for flexibility and unanticipated project outlays. The stated final maturity dates of
securities held should not exceed the estimated project completion date.
INVESTMENT POLICY
I. SCOPE
This investment policy applies to all financial assets of the City of Coppell. This policy includes
all funds listed and accounted for in the City's Comprehensive Annual Financial Report (CAFR)
and include:
* General Fund
* Special Revenue Funds
* Debt Service Funds
* Capital Projects Funds
* Proprietary Funds
* Trust and Agency Funds
* Component Units
H. OBJECTIVES
The City of Coppell shall manage and invest its cash with four objectives, listed in order of priority:
Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remainsthe
primary objective. All investments shall be designed and managed in a manner responsive to the
public trust and consistent with State and Local law.
The City shall maintain a comprehensive cash management program that includes collection of
accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of
available cash. Cash management is defined as the process of managing monies in order to insure
maximum cash availability and maximum yield on short-term investment of pooled idle cash.
Safety
The primary objective of the City's investment activity is the preservation of capital in the overall
portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses,
whether they are from securities default or erosion of market value.
Liquidity
The City's investment portfolio shall be structured such that the City is able to meet all obligations
in a timely manner. This shall be achieved by matching investment maturities with forecasted cash
flow requirements and by investing in securities with active secondary markets.
Yield
The City's cash management portfolio shall be designed with the objective of regularly exceeding
the average rate of return on three-month U.S. Treasury Bills. The investment program shall seek
to augment returns above this threshold consistent with risk limitations identified herein and
prudent investment policies.
Pnhlir Tmet
All participants in the City's investment process shall seek to act responsibly as custodians of the
public trust. Investment officials shall avoid any transaction that might impair public confidence
in the City's ability to govern effectively.
III. RESPONSIBILITY AND CONTROL
Investment Committee
An Investment Committee, consisting of the City Manager, Deputy City Manager, the Director of
Finance, and Assistant Director of Finance, shall meet at least quarterly to determine operational
strategies and to monitor results. The Investment Committee shall include in its deliberation such
topics as: performance reports, economic outlook, portfolio diversification, maturity structure,
potential risk to the City's funds, authorized brokers and dealers, annually adopt the qualified
bidders list, and the target rate of return on the investment portfolio.
Delegation of Authority and Training
Authority to manage the City's investment program is derived from a resolution of the City Council.
The Director of Finance, the Assistant Finance Director and the Chief Accountant are designated
as the investment officers of the City and are responsible for investment decisions and activities.
The Director of Finance shall establish written procedures for the operation of the investment
program, consistent with this investment policy. The investment officers shall attenda training
session not less than once in a two-year period that begins on the first day of the City's fiscal year
and consists of the two consecutive fiscal years after that date, and receive not less than 8 hours of
training approved by the governing body relating to the officer's responsibility under the Act. The
investment officers must also receive 10 hours of training within 12 months after taking office or
assuming duties. This training must include education in investment controls, security risks,
strategy risks, market risks, diversification of investment portfolio and compliance with the Texas
Public Funds Investment Act.
Sources of authorized independent training are those sponsored by:
• Government Finance Officers Association (G.F.O.A.)
• Government Finance Officers Association of Texas (G.F.O.A.T.)
3
• Government Treasurers Organization of Texas (G.T.O.T.)
• University of North Texas - Center for Public Management
• Texas Tech - Center for Professional Development
• TEXPO — Alliance of Texas Treasury Associations
• Texas Municipal League
• Any online training (affiliated with Texas Municipal League)
Internal Controls
The Director of Finance is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the
benefits likely to be derived; and (2) the valuation costs and benefits require estimates and
judgements by management.
Accordingly, the Director of Finance shall establish a process in conjunction with the annual
financial audit to assure compliance with policies and procedures. The internal controls shall
address the following points:
A. Control of collusion.
B. Separation of transaction authority from accounting and record keeping.
C. Custodial safekeeping.
D. Avoidance of physical delivery securities.
E. Clear delegation of authority to subordinate staff members.
F. Written confirmation for telephone (voice) transactions for investments and wire transfers.
G. Development of a wire transfer agreement with the depository bank or third party
custodian.
Pmrlenre
The standard of prudence to be applied by the investment officer shall be the "prudent investor"
rule, which states: "Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived." In determining whether an investment officer
has exercised prudence with respect to an investment decision, the determination shall be made
taking into consideration:
A. The investment of all funds, or funds under the City's control, over which the officer had
responsibility rather than a consideration as to the prudence of a single investment.
B. Whether the investment decision was consistent with the written investment policy of the
City.
4
The investment officer, acting in accordance with written procedures and exercising due diligence,
shall not be held personally responsible for a specific security's credit risk or market price changes,
providing that these deviations are reported immediately and that appropriate action is taken to
control adverse developments.
Ethics and Conflicts of Interest
City staff involved in the investment process shall refrain from personal business activity that could
conflict with the proper execution of the investment program, or which could impair the ability to
make impartial investment decisions. City staff shall disclose to the City Manager any material
financial interests in financial institutions that conduct business with the City and they shall further
disclose positions that could be related to the performance of the City's portfolio. City staff shall
subordinate their personal financial transactions to those of the City, particularly with regard to
timing of purchases and sales.
An investment officer of the City who has a personal business relationship with an organization
seeking to sell an investment to the City shall file a statement disclosing that personal business
interest. An investment officer who is related within the second degree by affinity or consanguinity
to an individual seeking to sell an investment to the City shall file a statement disclosing that
relationship. A statement required under this subsection must be filed with the Texas Ethics
Commission and the governing body of the entity.
IV. REPORTING
Quarterly Reporting
The Director of Finance shall submit a signed quarterly investment report that is in compliance
with this policy and the Texas Public Funds Investment Act and summarizes current market
conditions, economic developments and anticipated investment conditions. The report shall
summarize investment strategies employed in the most recent quarter, and describe the portfolio
in terms of investment securities, maturities, risk characteristics, and shall explain the total
investment return for the quarter.
Annual Report
Within 90 days of the end of the fiscal year, the Director of Finance shall present an annual report
on the investment program and investment activity. This report may be presented along with the
Comprehensive Annual Financial Report to the City Manager and City Council.
Meth nds,
The quarterly investment report shall include a succinct management summary that provides a
clear picture of the status of the current investment portfolio and transactions made over the last
quarter. This management summary will be prepared in a manner that will allow the City to
ascertain whether investment activities during the reporting period have conformed to the
investment policy. The reports shall be formally reviewed at least annually by an independent
auditor, if investments are other than those offered by the City's depository. The portfolio shall be
marked to market monthly. The market value of the securities is to be provided by the City's
depository or by a third -party valuation service.
The report will be provided to the City Manager and City Council. The report will include the
following:
A. A listing of individual securities (investment position) held at the end of the reporting
period.
B. Unrealized gains or losses resulting from appreciation or depreciation by listing the
beginning and ending book and market value of securities for the period.
C. Additions and changes to the market value during the period.
D. Average weighted yield to maturity of portfolio on entity investments as compared to
applicable benchmark.
E. Listing of investment by maturity date.
F. The percentage of the total portfolio each type of investment represents.
G. Statement of compliance of the City's investment portfolio with State Law and the
investment strategy and policy approved by the City Council. H. Prepared and signed by
the investment officers.
L Fully accrued interest for the period.
J. States account or fund for each investment.
V. INVESTMENT PORTFOLIO
The City shall pursue an active versus a passive portfolio management philosophy. That is,
securities may be sold before they mature if market conditions present an opportunity for the City
to benefit from the trade. The investment officer will routinely monitor the contents of the portfolio,
the available markets, and the relative value of competing instruments, and will adjust the portfolio
accordingly.
Investments
Assets of the City of Coppell may be invested in the following instruments; provided, however,
that at no time shall assets of the City be invested in any instrument or security not authorized for
investment under the Act, as the Act may from time to time be amended.
Authorized
A. Obligations, including letters of credit, of the United States of America, its agencies and
instrumentalities (including Government Sponsored Enterprises).
B. Direct obligations of the State of Texas or its agencies and instrumentalities.
C. Other obligations, the principal of and interest on which are unconditionally guaranteed by
the State of Texas or United States of America.
6
D. Obligations of the State, agencies thereof, Counties, Cities, and other political subdivisions
of any state having been rated as investment quality by a nationally recognized investment
rating firm and having received a rating of not less than "A" or its equivalent.
E. Interest-bearing banking deposits that are guaranteed or insured by the Federal Deposit
Insurance Corporation or the National Credit Union Share Insurance Fund or its successor
F. Interest-bearing banking deposits other than those described by (E) above if:
(1) the funds invested in the banking deposits are invested through:
(i) a broker with a main office or branch office in Texas that has been
approved by the investment committee or
(u) a depository institution with a main office or branch office in Texas that
the investment committee approves;
(2) the broker or depository institution selected as described by (1) above arranges
for the deposit of the funds in the banking deposits in one or more federally insured
depository institutions, regardless of where located, for the City of Coppell's
account;
(3) the full amount of the principal and accrued interest of the banking deposits is
insured by the United States or an instrumentality of the United States; and
(4) the City of Coppell appoints as it's custodian of the banking deposits issuedfor
the City's account:
(i) the depository institution selected as described by (1) above;
(u) A custodian must be approved by the City and be:
(a) a state or national bank that:
- is designated by the comptroller as a state depository;
- has its main office or a branch office in this state; and
- has a capital stock and permanent surplus of $5 million or
more
(b) the Texas Treasury Safekeeping Trust Company;
(c) a Federal Reserve Bank or a branch of a Federal Reserve Bank;
(d) a federal home loan bank; or
(e) a financial institution authorized to exercise fiduciary powers that
is designated by the comptroller as a custodian; or
(in) a clearing broker dealer registered with the Securities and Exchange
Commission and operating under Securities and Exchange Commission
Rule 156-3.
G. Certificates of Deposit of state and national banks with a branch in Texas, guaranteed or
insured by the Federal Deposit Insurance Corporation, collateralized or secured by
obligations described in A through D above or in accordance with Chapter 2257 or in any
other manner provided by law, which are intended to include all direct agency or
instrumentality issued mortgage backed securities rated AAA by at least one nationally
recognized rating agency and that have a market value of not less than the principal amount
of the certificates.
H. Fully collateralized direct repurchase agreements with a defined termination date secured
by obligations of the United States or its agencies and instrumentalities. These shall be
pledged to the City of Coppell, held in the City's name, and deposited at the time the
investment is made with the City or with a third party selected and approved by the City.
7
Repurchase agreements must be purchased through a primary government securities dealer,
as defined by the Federal Reserve, or a bank domiciled in Texas. A Master Repurchase
Agreement must be signed by the bank\dealer prior to investment in a repurchase
agreement. All repurchase agreement transactions will be on a delivery versus payment
basis. Securities received for repurchase agreements must have a market value greater than
or equal to 105 percent at the time funds are disbursed.
L Local government investment pools in accordance with the conditions prescribed in Section
2256.016 and that have been authorized by the governing body by rule, ordinance or
resolution. The investment pool must maintain a rating no lower than AAA or AAA -M by
at least one nationally recognized rating service. Investment in such pools shall be limited
to 75% of the City's entire portfolio, with no more than 25% of the entire portfolio invested
in any one authorized pool.
J. No-load money market mutual funds that are registered and regulated by the Securities and
Exchange Commission and complies with Federal Securities and Exchange Commission
Rule 2a-7, promulgated under the Investment Company Act of 1940; have a dollar
weighted average stated maturity of 90 days or less; maintain a net asset value of $1 for
each share; investments are exclusive in obligations approved by the PFIA; continuously
rated as to investment quality by at least one nationally recognized investment rating firms
of not less than AAA or its equivalent; and provide a prospectus and other information as
described in Section 2256.014(a)(2) of the PFIA. Total investment in all money market
mutual funds shall not exceed 50% of the portfolio.
Ratings shall be monitored using nationally recognized financial information sources, including
actions published on rating agency websites. Any investment currently held that does not meet the
guidelines of this policy, but was authorized at the time of purchase, shall be exempted from the
requirements of this policy and investment officers shall not be required to liquidate the investment.
At maturity or liquidation, such monies shall be reinvested only as provided by this policy.
II Not Authorized
The City's authorized investments options are more restrictive than those allowed by State
law. State law specifically prohibits investment in the following investment securities.
A. Obligations whose payment represents the coupon payments on the outstanding principal
balance of the underlying mortgage backed security collateral and pays no principal.
B. Obligations whose payment represents the principal stream of cash flow from the
underlying mortgage-backed security collateral and bears no interest.
C. Collateralized mortgage obligations that have a stated final maturity date of greater than 10
years.
D. Collateralized mortgage obligations the interest rate of which is determined by an index
that adjusts opposite to the changes in a market index.
8
Holding Period
The City of Coppell intends to match the holding periods of investment funds with liquidity needs
of the City. In no case will the average maturity of investments of the City's operating funds exceed
one year. The maximum final stated maturity of any investment shall not exceed five years.
Investments in all funds shall be managed in such a way that the market price losses resulting from
interest rate volatility would be offset by coupon income and current income received from the
volume of the portfolio during a twelve-month period.
Risk and Diversification
The City of Coppell recognizes that investment risks can result from issuer defaults, market price
changes or various technical complications leading to temporary illiquidity. Risk is controlled
through portfolio diversification which shall be achieved by the following general guidelines;
A. Risk of issuer default is controlled by limiting investments to those
instruments allowed by the Act, which are described herein.
B. Risk of market price changes shall be controlled by avoiding overconcentration of assets
in a specific maturity sector, limitation of average maturity of operating funds
investments to one year, and avoidance of overconcentration of assets in specific
instruments other than U.S. Treasury Securities and insured or Collateralized Certificates
of Deposits.
C. Risk of illiquidity due to technical complications shall be controlled by the selectionof
securities dealers as described herein.
D. All prudent measures will be taken to liquidate an investment that is
downgraded to less than our minimum stated required rating.
VI. SELECTION OF BANKS AND DEALERS
Depository
At least every five (5) years a Depository shall be selected through the City's banking services
procurement process, which shall include a formal request for proposal (RFP). In selecting a
depository, the credit worthiness of institutions shall be considered, and the Director of Finance
shall conduct a comprehensive review of prospective depository bank's credit characteristics and
financial history.
Certificates of Deposit
Banks seeking to establish eligibility for the City's competitive certificate of deposit purchase
program shall submit for review annual financial statements, evidence of federal insurance and
other information as required by the Director of Finance.
9
Qualified Representatives
Investment officials shall not knowingly conduct business with any firm with whom public entities
have sustained losses on investments. All qualified representatives shall provide the City with
references from Public entities they are currently serving.
All financial institutions and qualified representatives who desire to become qualified bidders for
investment transactions must supply the following as appropriate:
- audited financial statements
- proof of Financial Industry Regulatory Authority (17MRA) certification
- proof of state registration
- completed broker/dealer questionnaire
- Certification of having read the City's investment policy signed by a
qualified representative of the organization.
- Acknowledgement that the organization has implemented reasonable procedures and
controls in an effort to preclude imprudent investment transactions conducted between
the entity and the organization that are not authorized by the entity's investment policy.
The investment officers are precluded from purchasing an investment from a representative who
has not delivered the written certification
An annual review of the financial condition and registration of qualified bidders will be conducted
by the Director of Finance.
Competitive Bids
Competitive quotes must be taken from at least three (3) qualifying financial institutions or
broker/dealers for any investment transaction involving an individual security. Investment
transactions should include written confirmation of offers on the Investment Bid Tabulation form.
VIL SAFEKEEPING AND CUSTODY
Insurance or Collateral
All deposits and investments of City funds other than direct purchases of U.S. Treasuries or
Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide
a level of security for all funds, the collateralization level will be 105% of market value of principal
and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC.
Evidence of the pledged collateral shall be maintained by the Director of Finance or a third -party
financial institution. The City's Depository Agreement shall specify the acceptable investment
securities for collateral, the substitution or release of investment securities, ownership of securities,
and the method of valuation of securities. Repurchase agreements shall be documented by a
10
specific agreement noting the collateral pledge in each agreement. Collateral shall be reviewed
monthly to assure that the market value of the pledged securities is adequate.
Safekeeping Agreement
Collateral pledged to secure deposits and investments, and investment securities purchased by the
City shall be held by a safekeeping institution in accordance with the Safekeeping Agreement. The
Safekeeping Agreement clearly defines the procedural steps for gaining access to the collateral
should the City of Coppell determine that the City's funds are in jeopardy. The safekeeping
institution, or Trustee, shall be the Federal Reserve Bank or an institution not affiliated with the
firm pledging the collateral. The safekeeping agreement shall include the signatures of authorized
representatives of the City of Coppell, the firm pledging the collateral, and the Trustee.
Collateral Defined
The City of Coppell shall accept only the following securities as collateral:
A. FDIC insurance coverage.
B. Obligations of the United States of America, its agencies and instrumentalities.
C. Obligations, the principal and interest on which, are unconditionally guaranteed or insured
by the State of Texas.
D. A bond of the State of Texas or of a county, city or other political subdivision of the State
of Texas having been rated as investment grade (investment rating no less than "A" or its
equivalent) by a nationally recognized rating agency with a remaining maturity of thirty
(30) years or less.
Sub ect to Audit
All collateral shall be subject to inspection and audit by the Director of Finance or the City's
independent auditors.
Delivery vs. Pam
Treasury Bills, Notes, Bonds and Government Agencies' securities shall be purchased using the
delivery vs. payment method. That is, funds shall not be wired or paid until verification has been
made that the correct security was received by the Trustee. The security shall be held in the name
of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's
ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall
be delivered to the City.
11
VIII. INVESTMENT POLICY ADOPTION
The City of Coppell's investment policy shall be adopted annually by the City Council. The policy
shall be reviewed for effectiveness on an annual basis by the Investment Committee and any
modifications will be recommended for approval to the City Council.
12
GLOSSARY
of
COMMON TREASURY TERMINOLOGY
Agencies: Federal agency securities.
Ask: The price at which securities are offered.
Bid: The price offered for securities.
Broker: A broker brings buyers and sellers together for a commission paid by the initiator of the
transaction or by both sides. In the money market, brokers are active in markets, in which banks
buy and sell money, and in interdealer markets.
Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate.
Large -denomination CD's are typically negotiable.
Collateral: Securities, evidence of deposit or other property that a borrower pledges to secure
repayment of loan. Also refers to securities pledged by a bank to secure deposits of public monies.
Comprehensive Annual Financial Report (CAFR): The official annual report for the City of
Coppell. It includes combined statements and basic financial statements for each individual fund
and account group prepared in conformity with GAAP. It also includes supporting schedules
necessary to demonstrate compliance with finance -related legal and contractual provisions,
extensive introductory material, and a detailed Statistical Section.
Coupon: The annual rate of interest that a bond's issuer promises to pay the bondholder on the
bond's face value
Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling
for his own account.
Debenture: A bond secured only by the general credit of the issuer.
Delivery versus Payment: There are two methods of delivery of securities: delivery versus
payment and delivery versus receipt Delivery versus payment is delivery of securities with an
exchange of money for the securities. Delivery versus receipt is delivery of securities with an
exchange of a signed receipt for the securities.
Discount Securities: Non-interest bearing money market instruments that are issued at adiscount
and redeemed at maturity for full face value, such as U.S. Treasury bills.
Diversification: Dividing investment funds among a variety of securities offering independent
returns.
13
Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various
classes of institutions and individuals, such as Savings and Loans, small business firms, students,
farmers, farm cooperatives, and exporters.
Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits,
currently up to $100,000 per deposit.
Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently set
by the Federal Reserve through open -market operations.
Federal Home Loan Banks (FHLB): The institutions that regulate and lend to savings and loan
associations. The Federal Home Loan Banks play a role analogous to that played by the Federal
Reserve Banks vis-a-vis member commercial banks.
Federal National Mortgage Association (FNMA): FNMA, like GNMA, was chartered under the
Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under
the auspices of the Department of Housing and Urban Development, H.U.D. It is the largest single
provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is
called, is a private stockholder -owned corporation. The corporation's purchases include a variety of
adjustable mortgages and second loans in addition to fixed-rate mortgages. FNMA's securities are
also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders
will receive timely payment of principal and interest.
Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve
Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York
Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis.
The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales
of Government Securities in the open -market as a means of influencing the volume of bank credit
and money.
Federal Reserve System: The central bank of the United States created by Congress and
consisting of a seven -member Board of Governors in Washington, D.C., 12 regional banks and
commercial banks that are members of the system.
Government National Mortgage Association (GNMA or Ginnie Mae): Securities guaranteed
by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and
other institutions. Security holder is protected by full faith and credit of the U.S. Government.
Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term pass-throughs is
often used to describe Ginnie Maes.
• Government Sponsored Enterprises: a financial services corporation created by the United
States Congress. Examples include the following: Federal Home Loan Banks (FHLB), Federal
National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation
(Freddie Mac), Federal Farm Credit Banks (FCB), and Federal Agricultural Mortgage
Corporation (Farmer Mac)
14
Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value. In the money market, a security is said to be liquid if the spread
between bid and asked prices is narrow and reasonable size can be done at those quotes.
Market Value: The price at which a security is trading and could presumably be purchased or
sold.
Master Repurchase Agreement: To protect investors, many public investors will request that
repurchase agreements be preceded by a master repurchase agreement between the investor and
the financial institution or dealer. The master agreement should define the nature of the
transaction, identify the relationship between the parties, establish normal practices regarding
ownership and custody of the collateral securities during the term of the investment, provide
remedies in the case of default by either party and clarify issues of ownership. The master
repurchase agreement protects the investor by eliminating the uncertainty of ownership and
hence, allowing investors to liquidate collateral if a bank or dealer defaults during the term of the
agreement.
Maturity: The date upon which the principal or stated value of an investment becomes due and
payable.
Money Market: The market in which short-term debt instruments (bills, commercial paper,
bankers' acceptances) are issued and traded.
Open Market Operations: Purchases and sales of government and certain other securities in the
open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence
the volume of money and credit in the economy. Purchases inject reserves into the bank system
and stimulate growth of money and credit; sales have the opposite effect. Open market operations
are the Federal Reserve's most important and most flexible monetary policy tool.
Portfolio: Collection of securities held by an investor.
Primary Dealer: A group of government securities dealers that submit daily reports of market
activity and positions and monthly financial statements to the Federal Reserve Bank of New York
and are subject to its informal oversight. Primary dealers include Securities and Exchange
Commission (SEC) registered securities broker-dealers banks and a few unregulated firms.
Prudent Person Rule: An investment standard. Investments shall be made with judgment and
care, under circumstances then prevailing, which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income to be derived.
Rate of Return: The yield obtainable on a security based on its purchase price or its current
market price. This may be the amortized yield to maturity on a bond or the current income return.
Repurchase Agreement (RP of REPO): A holder of securities sells these securities to an investor
with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in
effect lends the "seller" money for the period of the agreement, and their terms of the agreement
are structured to compensate him for this.
15
Government Treasurers' Organization of Texas
Certification of Investment Policy
Presented to the
City of Copped
for developing an investment policy that meets the requirements of the Public Funds
Investment Act and the standards for prudent public investing established by the
Government Treasurers' Organization of Texas.
. .:L!a
Government Treasurers' Organization of Texas
President
Investment Policy Review committe
For the two-year period ending August 31, 2022
C',P FE L
File ID: 2021-5866
Version: 1
File Name: Atmos RRM 8/24/21
City of Coppell, Texas
Master
File Number: 2021-5866
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Consent Agenda
In Control: City Council
File Created: 08/17/2021
Final Action:
Title: Consider approval of a Resolution approving a negotiated settlement
between the Atmos Cities Steering Committee (ACSC) and Atmos Energy,
Mid -Tex Division regarding the company's 2021 Rate Review Mechanism
Filing; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: ATMOS Memo 2021.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 2021-5866
Title
Consider approval of a Resolution approving a negotiated settlement between the Atmos
Cities Steering Committee (ACSC) and Atmos Energy, Mid -Tex Division regarding the
company's 2021 Rate Review Mechanism Filing; and authorizing the Mayor to sign.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
[Enter Staff Recommendation Here]
City of Coppell, Texas Page 1 Printed on 9/10/2021
Master Continued (2021-5866)
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 2 Printed on 9/10/2021
MEMORANDUM
To: Mayor and City Council
From: Vicki Chiavetta, Deputy City Manager
Date: September 14, 2021
Reference: Consider approval of a Resolution approving a negotiated settlement between the
Atmos Cities Steering Committee (ACSC) and Atmos Energy, Mid -Tex Division
regarding the company's 2021 Rate Review Mechanism Filing; and authorizing the
Mayor to sign.
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.
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.
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
Staff recommends approval.
3
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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Attachment 3
to 2021 RRM Staff Report
RRM Monthly Savings Over GRIP and DARR Rates
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.
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
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
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
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 5 51.
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
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.
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
APPROVED AS TO FORM:
Robert E. Hager, City Attorney
2557/33/8275501 5
Exhibit A
to 2021 RRM Resolution or Ordinance
Mid -Tex Tariffs
Effective December 1, 2021
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.
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.
1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2021.
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.
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.
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.
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.
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 Adjustment
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; = WNAF; x q;j
Where q;j is the relevant sales quantity for the jth customer in ith rate schedule.
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.
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.
Exhibit B
to 2021 RRM Resolution or Ordinance
Mid -Tex
2021 Benchmark for Pensions
and Retiree Benefits
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Exhibit C
to 2021 RRM Resolution or Ordinance
Mid -Tex 2021 Schedule for
Amortization for Regulatory Liability
ATMOS ENERGY CORP., MID-TEX DIVISION
RATE BASE ADJUSTMENTS
TEST YEAR ENDING DECEMBER 31, 2020
AMORTIZATION OF REGULATORY LIABILITY
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.
July 21, 2021
FREQUENTLY ASKED QUESTIONS REGARDING
ACSC HISTORY AND THE RRM RATEMAKING PROCESS
What is the role of Cities in ratemakinLy?
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 ("GUM) 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 ("GUM) 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
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 membership 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
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 businessinvestment,
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
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
• 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 I't 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 2021) 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@lglawfirm.com (512) 322-5832.
2557/28/7898547 5
City of Coppell, Texas
C',P FE L
File ID: 2021-5878
Version: 1
File Name: Landscape Replacement
Master
File Number: 2021-5878
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Consent Agenda
In Control:
Parks and
Recreation
File Created:
09/01/2021
Final Action:
Title: Consider award of Bid No. Q-0921-02 to High Production Construction for
landscape plant material replacements at nine (9) city facilities and medians,
not to exceed $85,212.00, as budgeted in Special Revenue Fund, and
authorizing the City Manager to sign all necessary documents.
Notes:
Sponsors:
Attachments: Memo.pdf, Bid Tab.pdf, Bid Packet.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 2021-5878
Title
Consider award of Bid No. Q-0921-02 to High Production Construction for landscape plant
material replacements at nine (9) city facilities and medians, not to exceed $85,212.00, as
budgeted in Special Revenue Fund, and authorizing the City Manager to sign all necessary
documents.
Summary
See attached memo.
Fiscal Impact:
Funds are available in the Tree Preservation Special Revenue Fund for this contract.
Staff Recommendation:
City of Coppell, Texas Page 1 Printed on 9/10/2021
Master Continued (2021-5878)
The Parks and Recreation Department recommends approval.
Strategic Pillar Icon:
Sustainable Government
City of Coppell, Texas Page 2 Printed on 9/10/2021
T H K C. 1 T Y 0 F
COPPEL ' L
MEMORANDUM
To: Mayor and City Council
From: John Elias, Park Projects Manager
Via: Jessica Carpenter, Director of Parks and Recreation
Date: September 14, 2021
Reference: Consider award of Bid No. Q-0921-02 to High Production Construction, for
landscape plant material replacements at (9) City facilities and medians, not to exceed
$85,212.00, as budgeted in a Special Revenue Fund, and authorizing the City
Manager to sign all necessary documents.
2040: Pillar 0: Foundation of Sustainable Government
Goal 3: City Infrastructure will be Well -Maintained
General Information:
• In February of 2021, a historic severe winter event resulted in extensive damage to existing
landscapes throughout the City of Coppell and the North Texas Region.
• Bid No. Q-0421-02 for Landscape Replacements at (9) City facilities and medians.
• Bid Opening 8/31/2021
• Four (4) bids received.
Introduction:
Beginning February 9' and continuing through February 19th, 2021, the City of Coppell and the
North Texas Region endured a historic winter weather event that consisted of nearly 232 consecutive
hours at or below freezing at DFW Airport. The severe weather event is remembered more for the
power grid issues and frozen pipes, but it resulted in massive damage to existing landscapes
throughout the City of Coppell as well. Parks staff estimated that nearly 6,000 shrubs, 4,000
ornamental grasses and 40 trees were lost in the extreme cold.
I
Analysis:
Parks staff went through the process of evaluating the existing landscapes at city facilities, parks, and
medians. It was determined that most of the damaged landscapes were at the following locations:
• Art Center
• Life Safety Park
• Old Town Parking Lot
• Andy Brown West Park
• Andy Brown East Park
• Rolling Oaks Memorial Center
• CORE Parking Lot
• Denton Tap Road Medians
• Sandy Lake Road Medians
As a part of the evaluation process staff has determined what plant material was dead and needed to be
replaced, what plant material should be left alone to potentially regenerate back, as well as some plant
material that could be eliminated and not replaced at all. A bid was pulled together focusing on
replacing shrubs in high priority areas at (9) City facilities and medians (listed above). An alternate
bid was included in the bid to supply and install (113 5) 1 -gallon ornamental grasses at the Art Center,
Life Safety Park, Rolling Oaks Memorial Center and the Andy Brown Parks. The ornamental grasses
were bid as an alternate due to limited availability. The Texas nursery industry was hit hard as well in
the weather event, taking out most of the ornamental grass crops. Most ornamental grasses are being
sourced out of state at considerable higher costs. Parks staff has a plan to refurbish the ornamental
grasses in the spring and early summer of 2022. Staff also has a plan for replacing trees this fall/winter.
On August 13, 2021, the City of Coppell advertised Bid No. Q-0921-02 for landscape plant material
replacements at nine (9) City facilities and medians. The bid opening was held August 31, 2021, the
City received four (4) bids.
Based on best value, lowest base bid, strong references, and successful work with the city, it is our
recommendation that High Production Construction be awarded Bid No. Q-0921-02 with the alternate
bid for landscape plant material replacements at (9) city facilities and medians. High Production
Construction (HPC) has a good history working with the City of Coppell. They were the landscape
contractor for the Rolling Oaks Memorial Center Phase II Expansion and are currently the landscape
maintenance vendor for Rolling Oaks. The City contracted with AALC for a number of years for
Mowing Services, but the City recently changed to a new vendor with the most recent RFB for
Mowing Services. Based upon past experience with these vendors and the factors mentioned above,
we recommend awarding this contract to HPC.
Legal Review:
Procurement Services has reviewed the documents and determined that this is an appropriate method
of contracting with this firm.
2
Total
Base Bid
Alternate Bid
• High Production Construction
$85,212.00
$67,960.00
$17,252.00
• Tenly Landscape Construction
$96,723.15
$81,094.00
$15,628.95
• Landscape Professionals
$167,995.82
$151,001.00
$16,994.82
• AALC
$80,101.50
$68,865.00
$11,236.50
Based on best value, lowest base bid, strong references, and successful work with the city, it is our
recommendation that High Production Construction be awarded Bid No. Q-0921-02 with the alternate
bid for landscape plant material replacements at (9) city facilities and medians. High Production
Construction (HPC) has a good history working with the City of Coppell. They were the landscape
contractor for the Rolling Oaks Memorial Center Phase II Expansion and are currently the landscape
maintenance vendor for Rolling Oaks. The City contracted with AALC for a number of years for
Mowing Services, but the City recently changed to a new vendor with the most recent RFB for
Mowing Services. Based upon past experience with these vendors and the factors mentioned above,
we recommend awarding this contract to HPC.
Legal Review:
Procurement Services has reviewed the documents and determined that this is an appropriate method
of contracting with this firm.
2
Fiscal Impact:
The total fiscal impact is $85,212.00. Special Revenue Fund (Tree Preservation Fund) budget includes
funding for this contract.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
City of Coppell
BID #Q -B92-2 Parks Land I, Replacement Plant Materials -"As R-d"Bid tabulation
8/31/2021
HIGH PRODUCTION
TENLVLANDSCAPE
LANDSCAPE
CONSTRUCTION
AALC, INC.
CONSTRUCTION
PROFESSIONALS
Total
Pay Item No. Ul
Tuscan Slue Rosemary (ROsmarin Ls offtialis'Tuscan Slue')
This work includes the pocket planting, mulching and 60 day warranty of (77) 3 Gallon Tuscan Slue Rosemar,
Location: Denton Tap Road Median.
$1,536.00
$1,851.85
$1,894.20
$3,391.04
Item No, 42
JPay
Dwarf Burford Holly (Ile. comutab,r ordii'PygmW)
This work includes the pocket planting, mulching and 60 day warranty of (375) 3 Gallon Dwarf Burford Holl,
Location: Old Town Parking Lot.
$7,294.00
$8,133.751
$9,000.001
$11,824.50
PayItem No. U3
Red yucca (Hesperaloe pa"iflora):
This work includes the pocket planting, mulching and 60 day warranty of (68) 3 Gallon Red yucca.
Location: Life Safety Park.
$1,323.00
$1,555.16
$1,632.00
$2,275.96
Pay Item No, 44
Dwarf Glossy Abelia (Abelia x. grandiflora)
This work includes the pocket planting, mulching and 60 day warranty of (65) 3 Gallon Dwarf Glossy Abelia,
Location: CORE Parking Lot, Art Center and Rolling Oaks Memorial Center.
$1,265.00
$1,409.851
$1,430.001
$2,048.60
Item No, US
Dwarfyaupon Holly (Ilex vont t1rL1'Nana')
JPay
This work includes the pocket planting, mulching and 60 day warranty of (192) 3 Gallon Dwarf yaupon Holly.
Location: Art Center, Life Safety Park, ABW Park and ABE Park.
$3,735.00
$3,939.84
$4,224.00
$6,054.18
Pay Item No, U6
Gulf Muhly Grass (Muhlenbergia capilla,is):
This work includes the pocket planting, mulching and 60 day warranty of (188) 3 Gallon Gulf Muhly Grass,
Location: Art Center and Life Safety Park.
$3,845.00
$4,077.721
$4,136.001
$6,426.23
No, 41
JPIYIt—
Compact Nandina (Nandina d—,da'Compacta')
This work includes the pocket planting, mulching and 60 day warranty of (217) 3 Gallon Compact Nandina,
Location: AeW Park and AeE Park.
$4,330.00
$4,643.80
$5,316.00
$7,530.57
Pay Item No, US
Harbor Dwarf Nandina (Nandina domcsdca'Harbor Dwarf)
This work includes the pocket planting,mulching and 60 day warranty of (1161) 3 Gallon Harbor Dwarf Nandina,
Location: Sandy Lake Road Medians and Denton Tap Road Medians.
$23,743.00
$25,867.08
$27,283.20
$51,129.78
Item No, 49
JPay
Loropetalu m(Loropetalum chinense)
This work includes the pocket planting, mulching and 60 day warranty of (54) 3 Gallon Loropetalum.
Location: Rolling Oaks Memorial Center.
$1,050.00
$1,171.26
$1,188.00
$1,997.63
Pay Item No. L30
Au t,mn Sage (Salvia greggii "Red')
This work includes the pocket planting, mulching and 60 day warranty of (1020) 3 Gallon ALtumn Sage,
Location: Rolling Sandy Lake Road Medians
$19,839.00
$22,848.001
$24,990.00
$41,326.60
TOTAL
$67,960.00
$68,865.44
$81,094.20
$151,001.00
Pay Item No. 11(Altemate)
Mexican Feather Grass(Nassella tenuissims)
This work includes the pocket planting, mulching and 60 day warranty of (1135) 1 Gallon Mexican Feather Grass.
Location: Rolling Oaks Memorial Center, Art Center, Life Safety Park, AeW Park an d AeE Park.
$17,252.00
$11,236.50
$15,628.95
$16,994.82
NO OTHER COSTS OR FEES WILL BE PAID OTHER THAN THE ABOVE STATED PRICING. ALL PRICING IS
TO REMAIN FIRM FOR THE CONTRACT PERIOD.
BID #Q-0921-02
Landscape Replacement Material
T H E C 1 T Y - O F
COPPELL
�T o
INVITATION TO BID
INSTRUCTIONS/ SPECIFICATIONS
FOR
CITY OF COPPELL
Landscape Replacement
Bid No. Q-0921-02
PER
THE CITY OF COPPELL SPECIFICATIONS
AT
THE CITY OF COPPELL
TOWN CENTER
PROCUREMENT SERVICES DEPARTMENT
OPENING DATE:
TUESDAY, AUGUST 31,2021,2:00 p.m.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019
BID #Q-0921-02 Landscape Replacement Material
T H E C 1 T Y - O F
COPPELL
�T o
INVITATION TO BID
Return Bid To: City of Coppell
Procurement Services Department
255 Parkway Blvd.
Coppell, Texas 75019
The enclosed Invitation to Bid and accompanying Specifications with Bid Sheets are for your
convenience in bidding the enclosed referenced products and/or services for the City of Coppell. Sealed
bids shall be received no later than: 2:00 p.m., Tuesday, August 31, 2021, CST at: 255 Parkway Blvd,
Coppell, TX 75019.
PRE-BID MEETING
A Pre -Bid meeting, which includes a virtual environment, will be held at 2:00 p.m., CST,
Tuesday, August 24, 2021, at the City of Coppell, 255 Parkway Blvd, Coppell, TX 75019.
Pre -Bid meeting — August 24, 20212: 00 p.m.
Join Zoom
https://us02web.zoom.us/webinar/register/W 6v o au vett® w
Bid Open — August 31, 20212: 00 p.m.
Join Zoom
tt se//us web.zaam.us/we i r/rea ister/WN rY1SnFDzRzePu6sT3HsV0
Please reference Bid No. Q-0921-02 Landscape Replacement, in all correspondence pertaining to this
bid and affix this number to outside front of bid envelope for identification. All bids shall be to the
attention of the Procurement Services Department.
The City of Coppell appreciates your time and effort in preparing a bid. Please note that all bids must be
received at the designated location by the deadline shown. Bids received after the deadline will be
returned unopened and shall be considered void and unacceptable. Bid opening is scheduled to be held at
255 Parkway Boulevard, Coppell, Texas. You are invited to attend.
Awards should be made approximately three weeks following the bid opening date. To obtain results, or
if you have any questions, please contact the Procurement Services Department at 972-304-
3698.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2
BID #Q-0921-02 Landscape Replacement Material
T H E C 1 T Y - O F
COPPELL
�T o
#Q-0921-02 Landscape Replacement
Closing Date & Time: Tuesday, August 31, 2021 @ 2:00 p.m.
(CST)
Solicitation Schedule
Dates
Bid Issued
08/13/21
Pre -Bid Conference
08/24/21 — 2:00 p.m.
Sealed Bids Due to the Cit
08/31/21 — 2:00 p.m.
All times and dates are CST.
Vendor Inquiries
Questions related to this Bid should be submitted via www.bidsvnc.com
Contact with anv Dersonnel of the Citv. other than the Procurement Services staff or via
Bidsvnc. reaardina this Reauest for Proaosal may be arounds for elimination from the
selection process
ANY QUESTIONS concerning this Request for Proposal and Specifications can be
directed to the Procurement Services Department at 972-304-3698.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3
BID #Q-0921-02 Landscape Replacement Material
INVITATION TO BID
INSTRUCTIONS/TERMS OF CONTRACT
BID No. Q-0921-02
By order of the City Council of the City of Coppell, Texas, sealed bids will be received for:
Landscape Replacement Material
TO PROVIDE for a contract for services commencing within thirty (30) days approximately
after the date of the award. The City of Coppell reserves the right to extend this contract, as it
deems to be in the best interest of the city.
ITIS UNDERSTOOD that the City Council of the City of Coppell, Texas reserves the right to reject any
and/or all bids for any/or all products and/or services covered in this bid request and to waive
informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City
of Coppell.
BIDS MUST BE submitted on the pricing forms included for that purpose in this packet. Bids shall be
placed in a sealed envelope and marked clearly on the outside as shown below. FACSIMILE
TRANSMITTALS SHALL NOT BE ACCEPTED!
SUBMISSION OF BIDS: Sealed bids shall be submitted no later than, 2:00 p.m., Tuesday,
August 31, 2021 to the address as follows:
City of Coppell
Procurement Services Department
255 Parkway Blvd.
Coppell, Texas 75019
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
BID #Q-0921-02
Landscape Replacement Material
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 request for these services forty-eight (48) hours ahead of the scheduled program, service
and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator or another designated
official at (972) 462-0022, or (TDD 1 -800 -RELAY, TX 1-800-735-2989).
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5
BID #Q-0921-02 Landscape Replacement Material
FUNDING: Funds for payment have been provided through the City of Coppell budget approved by the
City Council for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of
public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders
or other obligations that may arise past the end of the current fiscal year shall be subject to budget
approval.
LATE BIDS: Bids received in the City of Coppell Procurement Services Department after submission
deadline will be considered void and unacceptable. The City of Coppell is not responsible for lateness or
non-delivery of mail, carrier, etc., and the date/time stamp in the Procurement Services Department shall
be the official time of receipt.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineation,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
WITHDRAWAL OF BID: A bid may not be withdrawn or canceled by the Bidder without the
permission of the City for a period of ninety (90) days following the date designated for the receipt of
bids, and Bidder so agrees upon submittal of their bid.
SALES TAX: The City of Coppell is exempt by law from payment of Texas State Sales Tax and Federal
Excise Tax. Bidder shall include any sales taxes from concession sales of taxable items on City property
in the total price of the sale and shall be responsible to report and pay such taxes in a timely manner.
BID AWARD: The City reserves the right to award any combination of the sections as is deemed in the
best interest of the City. The City also reserves the right to not award one or none of the sections.
CONTRACT: This bid, when properly accepted by the City of Coppell, shall constitute a Contract
equally binding between the successful Bidder and the City. No different or additional terms will become
a part of this Contract with the exception of Change Orders.
CHANGE ORDERS: No oral statement of any individual shall modify or otherwise change, or affect the
terms, conditions or Specifications stated in the resulting Contract. All Change Orders to the Contract
will be made in writing by the City's Purchasing Agent.
IF DURING THE life of the Contract, the successful Bidder's net prices to other customers for items
awarded herein are reduced below the Contracted price, it is understood and agreed that the benefits of
such reduction shall be extended to the City of Coppell.
A PRICE redetermination may be considered by the City only at the anniversary date of the Contract and
shall be substantiated in writing (i.e., Manufacturer's direct cost, postage rates, Railroad Commission
rates, Wage/Labor rates, etc.). The Bidder's past history of honoring Contracts at the bid price will be an
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6
BID #Q-0921-02 Landscape Replacement Material
important consideration in the evaluation of the lowest and best bid. The City reserves the right to accept
or reject any/all of the price redetermination as it deems to be in the best interest of the City.
DELIVERY.• all delivery and freight charges (F.O.B. City of Coppell) are to be included in the bid price.
DELIVERY TIME: Bids shall show number of days required to place goods ordered at the City's
designated location. Failure to state delivery time may cause bid to be rejected. Successful Bidder shall
notify the Procurement Services Department immediately if delivery schedule cannot be met. If delay is
foreseen, successful Bidder shall give written notice to the Procurement Services Department. The City
has the right to extend delivery time if reason appears valid. Successful Bidder must keep the
Procurement Services Department advised at all times of the status of the order.
CONFLICT OF INTEREST: No public official shall have interest in this Contract, in accordance with
Vernon's Texas Codes Annotated, Local Government Code Title 5. Subtitle C, Chapter 171.
DISCLOSURE OF CERTAIN RELATIONSHIPS Effective January 1, 2006, Chapter 176 of the Texas
Local Government Code requires that any vendor or person considering doing business with a local
government entity disclose in the Questionnaire Form CIQ, the vendor or person's affiliation or business
relationship that might cause a conflict of interest with a local government entity. By law, this
questionnaire must be filed with the records administrator of the City of Coppell not later than the 7'
business day after the date the person becomes aware of facts that require the statement to be filed. See
Section 176.006, Local Government Code. A person commits an offense if the person violates Section
176.006, Local Government Code. An offense under this section is a Class C misdemeanor.
ETHICS: The Bidder shall not offer or accept gifts of anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Coppell.
EXCEPTIONS/SUBSTITUTIONS: All bids meeting the intent of this Invitation to Bid will be
considered for award. Bidders taking exception to the Specifications, or offering substitutions, shall state
these exceptions in the section provided or by attachment as part of the bid. In the absence of such, a list
shall indicate that the Bidder has not taken exceptions and shall hold the Bidder responsible to perform in
strict accordance with the Specifications of the Invitation. The City of Coppell reserves the right to
accept any and all, or none, of the exception(s)/ substitution(s) deemed to be in the best interest of the
City.
ADDENDA: Any interpretations, corrections or changes to this Invitation to Bid and Specifications
will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Coppell
Procurement Services Department. Addenda will be mailed to all who are known to have received a copy
of this Invitation to Bid. Bidders shall acknowledge receipt of all addenda.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 7
BID #Q-0921-02 Landscape Replacement Material
DESCRIPTIONS: Any reference to model and/or make/manufacturer used in bid Specifications will be
made by addenda. Sole issuing authority of addenda shall be vested in the City's Procurement Services
Department. Bidders shall acknowledge receipt of all addenda.
BID MUST COMPLY with all federal, state, county, and local laws concerning these types of service(s).
DESIGN, STRENGTH, QUALITY of materials must conform to the highest standards of manufacturing
and engineering practice.
All items supplied against credit must be new and unused, unless otherwise specified, in first-class
condition and of current manufacturer.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective Bidder
must affirmatively demonstrate Bidder's responsibility. A prospective Bidder must meet the following
requirements:
1. Have adequate financial resources, or the ability to obtain such resources as required.
2. be able to comply with the required or proposed delivery schedule.
3. have a satisfactory record of performance.
4. have a satisfactory record of integrity and ethics.
5. be otherwise qualified and eligible to receive an award.
The City may request representation and other information sufficient to determine Bidder's ability to meet
these minimum standards listed above.
REFERENCES: The City requests Bidder to supply, with this Invitation to Bid, a list of at least three (3)
references where like products and/or services have been supplied by their firm. Include name of firm,
address, telephone number and name of representative.
BIDDER SHALL PROVIDE with this bid response, all documentation required by this Invitation to Bid.
Failure to provide this information may result in rejection of bid.
SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless the City of Coppell and all its
officers, agents and employees from all suits, actions, or other claims of any character, name and
description brought for or on account of any injuries or damages received or sustained by any person,
persons, or property on account of any negligent act or fault of the successful Bidder, or of any agent,
employee, subcontractor or supplier in the execution of, or performance under, any Contract which may
result from bid award. Successful Bidder indemnifies and will indemnify and save harmless the City
from liability, claim or demand on their part, agents, servants, customers, and/or employees whether such
liability, claim or demand arise from event or casualty happening or within the occupied premises
themselves or happening upon or in any of the halls, elevators, entrances, stairways or approaches of or to
the facilities within which the occupied premises are located. Successful Bidder shall pay any judgment
with costs which may be obtained against the City growing out of such injury or damages. In addition,
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 8
BID #Q-0921-02 Landscape Replacement Material
Contractor shall obtain and file with Owner City of Coppell a Standard Certificate of Insurance and
applicable policy endorsement evidencing the required coverage and naming the owner City of Coppell as
an additional insured on the required coverage.
WAGES: Successful Bidder shall pay or cause to be paid, without cost or expense to the City of Coppell,
all Social Security, Unemployment and Federal Income Withholding Taxes of all such employees and all
such employees shall be paid wages and benefits as required by Federal and/or State Law.
TERMINATION OF CONTRACT: This Contract shall remain in effect until Contract expires, delivery
and acceptance of products and/or performance of services ordered or terminated by either party with a
thirty (30) day written notice prior to any cancellation. The successful Bidder must state therein the
reasons for such cancellation. The City of Coppell reserves the right to award canceled Contract to next
lowest and best Bidder as it deems to be in the best interest of the City of Coppell.
TERMINATION FOR DEFAULT: The City of Coppell reserves the right to enforce the performance of
this Contract in any manner prescribed by law or deemed to be in the best interest of the City in the event
of breach or default of this Contract. The City of Coppell reserves the right to terminate the Contract
immediately in the event the successful Bidder fails to:
1. Meet schedules:
2. defaults in the payment of any fees; or
3. otherwise perform in accordance with these Specifications.
Breach of Contract or default authorizes the City of Coppell to exercise any or all of the following rights:
The City may take possession of the assigned premises and any fees accrued or becoming due to
date.
2. the City may take possession of all goods, fixtures and materials of successful Bidder therein
and may foreclose its lien against such personal property, applying the proceeds toward fees due
or thereafter becoming due.
In the event the successful Bidder shall fail to perform, keep or observe any of the terms and conditions to
be performed, kept or observed, the City shall give the successful Bidder written notice of such default;
and in the event said default is not remedied to the satisfaction and approval of the city within two (2)
working days of receipt of such notice by the successful Bidder, default will be declared and all the
successful Bidder's rights shall terminate.
Bidder, in submitting this bid, agrees that the City of Coppell shall not be liable to prosecution for
damages in the event that the City declares the Bidder in default.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 9
BID #Q-0921-02 Landscape Replacement Material
NOTICE: Any notice provided by this bid (or required by law) to be given to the successful Bidder by
the City of Coppell shall conclusively deemed to have been given and received on the next day after such
written notice has been deposited in the mail in the City of Coppell, Texas by Registered or Certified Mail
with sufficient postage affixed thereto, addressed to the successful Bidder at the address so provided;
provided this shall not prevent the giving of actual notice in any other manner.
PATENTS/COPYRIGHTS: The successful Bidder agrees to protect the City of Coppell from claims
involving infringement of patents and/or copyrights.
CONTRACT ADMINISTRATOR: Under this Contract, the City of Coppell may appoint a Contract
Administrator with designated responsibility to ensure compliance with Contract requirements, such as
but not limited to, acceptance, inspection and delivery. The Contract Administrator will serve as liaison
between the City of Coppell Purchasing Department (which has the overall Contract Administration
responsibilities) and the successful Bidder.
PURCHASE ORDER: A Purchase Order(s) shall be generated by the City of Coppell to the successful
Bidder. The Purchase Order number must appear on all itemized invoices and packing slips. The City of
Coppell will not be held responsible for any orders placed/delivered without a valid current Purchase
Order number.
PACKING SLIPS or other suitable shipping documents shall accompany each special order shipment and
shall show: (a) name and address of successful Bidder, (b) name and address of receiving department
and/or delivery location, (c) Purchase Order number, and (d) descriptive information as to the item(s)
delivered, including product code, item number, quantity, number of containers, etc.
INVOICES shall show all information as stated above, shall be issued for each Purchase Order and shall
be mailed directly to the City of Coppell Finance/Accounts Payable Department, 255 Parkway Blvd.,
Coppell, Texas 75019.
PAYMENT will be made upon receipt and acceptance by the City of Coppell for any item(s) ordered and
receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Article 601f
V.T.C.S. Successful Bidder(s) required to pay subcontractors within ten (10) days.
ITEMS supplied under this Contract shall be subject to the City's approval. Items found defective or not
meeting Specifications shall be picked up and replaced by the successful Bidder at the next service date at
no expense to the City of Coppell. If item is not picked up within one (1) week after notification, the item
will become a donation to the City for disposition.
SAMPLES: When requested, samples shall be furnished free of expense to the City of Coppell.
WARRANTY. Successful Bidder shall warrant that all items/services shall conform to the proposed
Specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all
defects in material, workmanship and title. A copy of the warranty for each item being bid must be
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 10
BID #Q-0921-02 Landscape Replacement Material
enclosed. Failure to comply with the above requirements for literature and warranty information could
cause bid to be rejected.
REMEDIES: The successful Bidder and the City of Coppell agree that both parties have all rights, duties
and remedies available as stated in the Uniform Commercial Code.
VENUE: This Agreement will be governed and construed according to the laws of the State of Texas.
This Agreement is performable in the City of Coppell, Texas.
ASSIGNMENT: The successful Bidder shall not sell, assign, transfer or convey this Contract, in whole
or in part, without prior written consent of the City of Coppell.
SPECIFICATIONS and model numbers are for description only. Bidder may bid on description only.
Bidder may bid on alternate model but must clearly indicate alternate model being bid. Bidder must
enclose full descriptive literature on alternate item(s).
SILENCE OF SPECIFICATION: The apparent silence of these Specifications as to any detail or to the
apparent omission of a detailed description concerning any point, shall be regarded as meaning that only
the best commercial practices are to prevail. All interpretations of these Specifications shall be made on
the basis of this statement.
Each insurance policy to be furnished by successful Bidder shall include, by endorsement to the policy, a
statement that a notice shall be given to the City of Coppell by Certified Mail thirty (30) days prior to
cancellation or upon any material change in coverage.
BID NOTIFICATION: City of Coppell utilizes the following procedures for notification of bid
opportunities: www.bidsync.com and the Coppell Citizens Advocate. These are the only forms of
notification authorized by the city. Coppell shall not be responsible for receipt of notification and
information from any source other than those listed. It shall be the vendor's responsibility to verify the
validity of all bid information received by sources other than those listed.
EMPLOYMENT ELIGIBILITY VERIFICATION: The Immigration Reform and Control Act of 1986
(IRCA) makes it illegal for employers to knowingly hire or recruit immigrants who do not possess lawful
work authorization and requires employers to verify their employees' work eligibility on a U.S.
Department of Justice form I-9. The contractor/vendor warrants that contractor/vendor is in compliance
with IRCA and will maintain compliance with IRCA during the term of the contract with the city.
Contractor/vendor warrants that contractor/vendor has included or will include a similar provision in all
written agreements with any subcontractors engaged to perform services under this contract.
ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES: Bidders are encouraged to
offer Energy Star, GreenSeal, EcoLogo and/or EPEAT certified products. The city also encourages
bidders to offer products and services that are produced or delivered with minimal use of virgin materials
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 11
BID #Q-0921-02
Landscape Replacement Material
and maximum use of recycled materials and reduce waste, energy usage, water utilization and toxicity in
the manufacture and use of products.
ANY QUESTIONS concerning this Invitation to Bid, and Specifications should be directed to the
Procurement Services Department at 972-304-3698.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 12
BID #Q-0921-02 Landscape Replacement Material
COOPERATIVE PURCHASING
As permitted under Government Code, Title 7, Chapter 791.025, other
governmental entities may wish to cooperatively purchase under the same terms
and conditions contained in this contract (piggyback). Each entity wishing to
piggyback must have prior authorization from the City of Coppell and Contractor. If
such participation is authorized, all purchase orders will be issued directly from and
shipped directly to the entity requiring supplies/services. The City of Coppell shall
not be held responsible for any orders placed, deliveries made, or payment for
supplies/services ordered by these entities. Each entity reserves the right to
determine their participation in this contract.
IS YOUR FIRM WILLING TO ALLOW OTHER GOVERNMENTAL ENTITIES TO
UTILIZE THIS CONTRACT, IF AWARDED, UNDER THE SAME TERMS AND
CONDITIONS?
YES NO
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 13
BID #Q-0921-02 Landscape Replacement Material
CERTIFICATIONS AND REPRESENTATIONS
M/WBE STATUS
IS CERTIFIED AS A:
(CHECK ONE, IF APPLICABLE)
DISADVANTAGED BUSINESS ENTERPRISE
MINORITY-OWNED BUSINESS ENTERPRISE
WOMEN -OWNED BUSINESS ENTERPRISE
PLEASE ATTACH OFFICIAL DOCUMENTATION FROM THE STATE OF TEXAS OR
OTHER QUALIFIED CERTIFICATION AGENCY OF M/WBE STATUS OF YOUR
COMPANY WITH THIS BID/PROPOSAL.
*****NOTE*****
THIS DATA IS REQUESTED FOR INFORMATIONAL PURPOSES ONLY AND WILL
NOT AFFECT THE PROPOSAL AWARD.
(SUBMISSION OF THIS INFORMATION IS NOT A REQUIREMENT.)
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 14
BID #Q-0921-02 Landscape Replacement Material
IMPLEMENTATION OF HOUSE BILL 1295
Certificate of Interested Parties (Form 1295):
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that a governmental entity or state agency
may not enter into certain contracts with a business entity unless the business entity
submits a disclosure of interested parties to the governmental entity or state agency at
the time the business entity submits the signed contract to the governmental entity or
state agency. The law applies only to a contract of a governmental entity or state
agency that either (1) requires an action or vote by the governing body of the entity or
agency before the contract may be signed or (2) has a value of at least $1 million. The
disclosure requirement applies to a contract entered into on or after January 1, 2016.
The Texas Ethics Commission was required to adopt rules necessary to implement that
law, prescribe the disclosure of interested parties form, and post a copy of the form on
the commission's website. The commission adopted the Certificate of Interested Parties
form (Form 1295) on October 5, 2015. The commission also adopted new rules
(Chapter 46) on November 30, 2015, to implement the law. The commission does not
have any additional authority to enforce or interpret House Bill 1295.
The form may be obtained and completed at
https://www. ethics.state.tx.us/whatsnew/elf—info—form 1295. htm
*Please note that this form must be completed once the contract is awarded and
before contract is executed.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 15
BID #Q-0921-02 Landscape Replacement Material
CITY OF COPPELL TX
PROCUREMENT
SERVICES
HOUSE BILL 89
VERIFICATION
(Person name), the
undersigned representative of
(Company or Business
name)
(hereafter
referred to as company) being an adult over the age of eighteen (18) years of age, do
hereby depose and verify under oaththat the company named -above, under the
provisions of Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with the City of Coppell acting by
and through City ofCoppell.
Pursuant to Section 2270.001, Texas Government Code:
1. `Boycott Israel" means refusing to deal with, terminating business
activities with, or other wisetaking any action that is intended to
penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in
Israel or in an Israeli -controlled territory, but does not include an action
made for ordinary business purposes; and
2. "Company" means a for profit sole proprietorship, organization,
association, corporation,partnership, joint venture, limited
partnership, limited liability partnership, or any limited liability
company, including a wholly owned subsidiary, majority-owned
subsidiary, parentcompany or affiliate of those entities or business
associations that exist to make a profit.
REPRESENTATIVE
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16
BID #Q-0921-02
Combanv Name:
Address:
Fax Number:
Contact Person:
E-mail Address:
Landscape Replacement Material
Company Information
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 17
BID #Q-0921-02 Landscape Replacement Material
BID #Q-0921-02
PARKS LANDSCAPE REPLACEMENT
(SCOPE OF WORK)
TWO COPIES MUST BE RETURNED TO THE PROCUREMENT SERVICES
DEPARTMENT NO LATER THAN 2:00 p.m., TUESDAY, AUGUST 31, 2021, CST
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 18
BID #Q-0921-02 Landscape Replacement Material
BEST VALUE BID EVALUATION PROCEDURES
A. The City shall award a contract to the responsible bidder providing the best value for
the PARKS LANDSCAPE REPLACEMENT. This is NOT a low bid solicitation
based on price alone. All bidders must provide documentation and information
requested in this solicitation to determine the best value outlined in "B" below.
B. Pursuant to the Texas Local Government Code, § 252.043, Award of Contract, "Best
Value" will be determined by considering:
(1) the purchase price,
(2) the reputation of the bidder and of the bidder's goods or services,
(3) the quality of the bidder's goods or services,
(4) the extent to which the goods or services meet the municipality's needs,
(5) the bidder's past relationship with the municipality,
(6) the impact on the ability of the municipality to comply with laws and rules
relating to contracting with historically underutilized businesses and
nonprofit organizations employing persons with disabilities,
(7) the total long-term cost to the municipality to acquire the bidder's goods or
services, and
(8) any relevant criteria specifically listed in the request for bids or proposals.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19
BID #Q-0921-02
Background
Landscape Replacement Material
Due to the 2021 severe winter weather event in February 2021, the City of Coppell is seeking to
replace landscape plant material.
Scope of Work
There are currently nine (9) city facilities, listed below, included in this Scope of Work.
Requirements
• The plant material replacements will be "pocket -planted", meaning there will be no tilling
or prep work, just planting.
• Vendor will mulch everything that is planted.
• A 60 -day warranty is required for all the plant material.
• Vendors will be supplied with the type, size, and quantity of plant material to be planted
at each location.
• Vendor must indicate availability of materials on bid form.
• The contractor will have (60) days to complete the project.
• NO OTHER COSTS OR FEES WILL BE PAID OTHER THAN THE ABOVE STATED
PRICING. ALL PRICING IS TO REMAIN FIRM FOR THE CONTRACT PERIOD.
The City will accept alternate bids to supply and install one (1) gallon plant material as well.
City Facilities
1. Coppell Arts Center: 505 Travis St.
2. Life Safety Park: 820 S. Coppell Rd.
3. Coppell Old Town Parking Lot: 768 W. Main Street
4. Andrew Brown West Park: 363 N. Denton Tap Rd.
5. Andrew Brown East Park: 260 E. Parkway Blvd.
6. Rolling Oaks Memorial Center: 400 S. Freeport Parkway
7. CORE Parking Lot: 234 E. Parkway Blvd.
8. Denton Tap Road Medians (North Coppell/Hwy 121 area)
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 20
BID #Q-0921-02
Landscape Replacement Material
9. Sandy Lake Road Medians (East of MacArthur Blvd.)
Contractor's Employees
1. Contractor will require all employees to report to work in clean uniforms in good
conditions including shirt, pants, and OSHA approved safety vest. Uniforms shall have
the contractor's name in a manner clearly identifiable to the public. Contractor must
ensure that employees properly always wear uniform items.
2. Contractor's employees must always be courteous to the public while at the work site.
3. Contractor shall remove any personnel that is incompetent or endangers persons or
property.
4. Contractor's employees will not consume/possess alcohol or use/possess any illegal
drugs or be under the influence of such while on City property and/or carrying on the
requirement of this contract. Contractor's employees will not use tobacco products while
on Park property. The contractor shall immediately remove any such employee from the
work site.
5. Conflicts, or potential conflicts due to required work and public use of a location, shall be
reported to the City contact/Alternate.
6. Notification to contractor of complaints shall be in writing if time and circumstance
permits. Otherwise, notification shall be verbal or by telephone, and shall be confirmed
in writing as soon as possible.
7. All vehicles used by the contractor will be identified with company name or logo,
conspicuously displayed on door panels. Professionally done hand lettering, magnetic
signs, or pressure sensitive decals may be used to comply with this specification.
8. All vehicles utilized under this contract will be clean, free of mud, dirt, and grime, without
noticeable rust spots and faded paint serviceable, and shall comply with safety
standards required by the State of Texas.
CITY OF COPPELL • PROCUREMENT SERVICES DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21
JPIV Item No, L-1
Tuscan Blue Rosemary 1ROSmari—of d.]jt'Tuscan Blue') 77
Thls work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (77) 3 Gal Ion Tuscan Blue Rosemary.
--tion: Denton Tap Road Media,.
JPIV Item No, L-2
Dwarf Burford Hdly (Ilex cornu[, burfordii'Pygmy) 375
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (3]5) 3 Gallon Dwarf Burford Holly.
Location: Ol d Town Pa rking let.
Pay Item No. L-3
Red Yucca ( Hesper,loe p,rvlflora): 68
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (68) 3 Gal Ion Red Yucca.
--tion: Life Safety Park
JPIV Item No, L-4
Dwarf Glossy Abell, (Abell, x. gr,ndlfi—) 65
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (65) 3 Gal Ion Dwarf Glossy Abell..
Location: CORE Parking Lot, Art Center and Rolll ng Oaks Memorial Center.
Pay Item No, L-5
Dwarf Yaupon HoilY (Ilex vomitoria'Nana') 192
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of ( 192) 3 Gallon Dwarf Yaupon Holly,
Location: Art Center, Llfe Safety Park, ABW Park and ABE Park
Pay Item No. L-6
Gulf Muhl" Grass (Muhlenbergi, c.plli.,ith: 188
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of ( 188) 3 Gallon Gulf Muhl"Grass.
Location: Art Center and Life Safety Park,
Pay Item No, L -J
Compact Nandina (Nandina 1 217
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (217) 3 Gallon Compact Nandina.
Location: ABW Park and ABE Park
JPIV Item No, L-1
Harbor Dwarf Nandina (Nandi.. domestica'Harbor Dwarf') 1161
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (1161) 3 Gallon Harbor Dwarf Nandina.
--tion: Sandy Lake Road Medians and Denton Tap Road Medians.
Pay Item No. L-9
Loropet,lum ( Loropet,lum chlnense) 54
Thls work 1 "Jude, the pocket planting, mulchl ng and 60 day warranty of (54) 3 Gal Ion Lompet, lum.
Location: R,] 11 ug Oaks Memorial Center.
Pay Item No. L-10
Autumn Sage (Salvia eggii "Red') 1020
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of ( 1020) 3 Gallon Autumn Sage.
--tion: Rolling Sandy lake Road Medl,ns
TOTAL
Pay Item No. A-1 (J
Mexican Feather Grass (N.SSel1, te-item,) 1135
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of ( 1135) 13,11Mexican Feather Gra,.
Location: R,111,g Oaks Memorial Center, Art Center, Llfe Safety Park, ABW Park and ABE Park.
NO OTHER COSTS OR FEES )ME BE PAID OTHER Tlf N THE ABOVE STATED PRICING. ALL PRICING IS TO
REMAIN FIRM FOR THE CONTRACT PERIOD.
Availability
Total Qty
Unit Price
Total
(Y/N)-Lead Time
JPIV Item No, L-1
Tuscan Blue Rosemary 1ROSmari—of d.]jt'Tuscan Blue') 77
Thls work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (77) 3 Gal Ion Tuscan Blue Rosemary.
--tion: Denton Tap Road Media,.
JPIV Item No, L-2
Dwarf Burford Hdly (Ilex cornu[, burfordii'Pygmy) 375
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (3]5) 3 Gallon Dwarf Burford Holly.
Location: Ol d Town Pa rking let.
Pay Item No. L-3
Red Yucca ( Hesper,loe p,rvlflora): 68
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (68) 3 Gal Ion Red Yucca.
--tion: Life Safety Park
JPIV Item No, L-4
Dwarf Glossy Abell, (Abell, x. gr,ndlfi—) 65
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (65) 3 Gal Ion Dwarf Glossy Abell..
Location: CORE Parking Lot, Art Center and Rolll ng Oaks Memorial Center.
Pay Item No, L-5
Dwarf Yaupon HoilY (Ilex vomitoria'Nana') 192
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of ( 192) 3 Gallon Dwarf Yaupon Holly,
Location: Art Center, Llfe Safety Park, ABW Park and ABE Park
Pay Item No. L-6
Gulf Muhl" Grass (Muhlenbergi, c.plli.,ith: 188
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of ( 188) 3 Gallon Gulf Muhl"Grass.
Location: Art Center and Life Safety Park,
Pay Item No, L -J
Compact Nandina (Nandina 1 217
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (217) 3 Gallon Compact Nandina.
Location: ABW Park and ABE Park
JPIV Item No, L-1
Harbor Dwarf Nandina (Nandi.. domestica'Harbor Dwarf') 1161
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of (1161) 3 Gallon Harbor Dwarf Nandina.
--tion: Sandy Lake Road Medians and Denton Tap Road Medians.
Pay Item No. L-9
Loropet,lum ( Loropet,lum chlnense) 54
Thls work 1 "Jude, the pocket planting, mulchl ng and 60 day warranty of (54) 3 Gal Ion Lompet, lum.
Location: R,] 11 ug Oaks Memorial Center.
Pay Item No. L-10
Autumn Sage (Salvia eggii "Red') 1020
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of ( 1020) 3 Gallon Autumn Sage.
--tion: Rolling Sandy lake Road Medl,ns
TOTAL
Pay Item No. A-1 (J
Mexican Feather Grass (N.SSel1, te-item,) 1135
This work 1 ncludes the pocket planting, mulchl ng and 60 day warranty of ( 1135) 13,11Mexican Feather Gra,.
Location: R,111,g Oaks Memorial Center, Art Center, Llfe Safety Park, ABW Park and ABE Park.
NO OTHER COSTS OR FEES )ME BE PAID OTHER Tlf N THE ABOVE STATED PRICING. ALL PRICING IS TO
REMAIN FIRM FOR THE CONTRACT PERIOD.
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City of Coppell, Texas
C',P FE L
File ID: 2021-5857
Version: 2
File Name: Chess Club PD -217R3 -C
Master
File Number: 2021-5857
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Public Hearing
In Control: City Council
File Created: 08/10/2021
Final Action:
Title: PUBLIC HEARING:
Consider approval of a zoning change request from PD -217R3 -C (Planned
Development -217 Revision 3 -Commercial) to PD -217R4 -C (Planned
Development -217 Revision 4 -Commercial) to approve a Conceptual Site
Plan for the vacant Lot 5R and a Detail Site Plan for the conversion of the
existing Doggie Wonderland into a Chess Club and learning center with
additional parking spaces proposed located on 1.13 acres of land between
Vanbebber Drive and Bethel School Road, approximately 300 -ft west of
Denton Tap Road, being represented by Daniel Parrish, DP Designs &
Development, LLC.
Notes:
Sponsors:
Attachments: City Council Memo.pdf, Staff Report.pdf, Site Plan.pdf,
Landscape Plan & Tree Survey.pdf, Building Elevation
P hotos. pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Ver- Acting Body:
sion:
Date: Action: Sent To
1 Planning & Zoning 08/19/2021 Approved
Commission
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Due Date: Return Result:
Date:
Pass
Text of Legislative File 2021-5857
Title
PUBLIC HEARING:
Consider approval of a zoning change request from PD -217R3 -C (Planned Development -217
Revision 3 -Commercial) to PD -217R4 -C (Planned Development -217 Revision 4 -Commercial)
to approve a Conceptual Site Plan for the vacant Lot 5R and a Detail Site Plan for the
City of Coppell, Texas Page 1 Printed on 9/10/2021
Master Continued (2021-5857)
conversion of the existing Doggie Wonderland into a Chess Club and learning center with
additional parking spaces proposed located on 1.13 acres of land between Vanbebber Drive
and Bethel School Road, approximately 300 -ft west of Denton Tap Road, being represented by
Daniel Parrish, DP Designs & Development, LLC.
Summary
Staff Recommendation:
Staff is recommending approval of this agenda item.
Strategic Pillar Icon:
City of Coppell, Texas Page 2 Printed on 9/10/2021
T H E • C I T V' @ F
COFFELL
� � r
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: September 14, 2021
Reference: Public Hearing: Consider approval of a zoning change request from PD -217R3 -C (Planned
Development -217 Revision 3- Commercial) to PD -217R4 -C (Planned Development -217
Revision 4- Commercial) to approve a Conceptual Site Plan for the vacant Lot 5R and a Detail
Site Plan for the conversion of the existing Doggie Wonderland into a Chess Club and learning
center with additional parking spaces proposed located on 1.13 acres of land between Vanbebber
Drive and Bethel School Road, approximately 300 -ft west of Denton Tap Road.
2040: Create Business & Innovation Nodes
Executive Summary:
This property was originally constructed for La Petite Daycare in August 1984 and operated as a child daycare
under various names until 2004. In 2007, PD -217-C (Planned Development -217 -Commercial) was approved to
allow for the conversion to a pet day care/boarding/spa on 0.637 acres known today as Doggie's Wonderland.
Various proposals to expand the dog daycare (2009 and 2018) were approved, lots were platted but development
plans were not acted upon. With this request, the existing Doggie Wonderland is proposed to be converted into a
chess club and learning center, offering tutoring for children.
Introduction:
This change in use to a chess club and tutoring service requires additional parking. Nine additional parking spaces
are proposed to be constructed north of the existing building. The existing parking 16 spaces are proposed to
remain, and a variance was granted with the previous PD to allow the existing configuration (8'6"x 18'). A variance
was also granted for the side yard setback for the existing building. Nothing is currently proposed for Lot 5, but
the lot lines for Lot 4R and 5, will be amended to reflect the change in property lines due to the need to provide
additional parking for Lot 4R. A concept plan is shown for Lot 5 to illustrate the possible construction and parking
layout in the future. A Detail Site Plan will be required for the development of this lot, including any required
screening between Lot 5 and the adjacent properties.
This new use and site layout for Lot 4R will also see the removal of much of the existing fencing and dog
playground equipment. This area will be reorganized to include the additional parking spaces as well as additional
trees and landscaping. The applicant is requesting to leave the existing basketball court in place, which is located
at the northeast corner of the site. The site will be replatted and a dumpster agreement will be put in place for the
lots. There is no proposed access to this site from Vanbebber Dr.
The area to the north of the building, outside of the additional parking area, will have grass and additional trees
planted. More trees are proposed along the eastern perimeter and at the end of the parking islands. All of the
existing trees (8 overstory trees and 6 Crepe Myrtles) on site are proposed to remain. In all, the site is proposed to
be 39% landscaped, exceeding the 30% required by ordinance. The applicant is not proposing to make any
changes to the existing building besides signage. Staff recommends that any proposed signage meet city ordinance
requirements.
Analysis:
Staff received two inquiries about the request which centered around speeding along Vanbebber Dr., and trash at
the carwash, and not in opposition to the Doggie Wonderland property conversion. Staff contacted the Coppell
Police Department and Coppell Environmental Health to investigate these items. After City staff looked into these
items, no violations were found. The Planning and Zoning Commission asked about the proposed operations of
the chess club. The applicants indicated that the chess club will provide chess lessons for children and would
potentially host some tournaments. Currently people are travelling to other cities in the metroplex for instruction
and tournaments. Tournaments times would be spaced to accommodate parking on site. Nine parking spots are
being added to the site, for a total of 25. The facility itself is proposed to be open from 9am-9pm every day, with
the majority of activity occurring in the latter part of the day after school and on weekends.
On August 19, 2021, the Planning and Zoning Commission unanimously recommended APPROVAL (6-0) of PD -
217R4 -C, subject to the following conditions:
1. A replat will be required to subdivide the lots and to provide any necessary easements.
2. Submit draft dumpster agreement for City Attorney review. This shall be filed with the plat.
3. All proposed signage shall comply with ordinance requirements.
4. Revise the plans to show access to the dumpster for the adjoining lots.
Legal Review:
City attorney is reviewing the dumpster agreement.
Fiscal Impact:
None
Recommendation:
The Planning and Zoning Commission recommended APPROVAL of the PD request subject to staff conditions
listed above.
Attachments:
1. PZ Staff Report
2. Site Plan
3. Landscape Plan & Tree Survey
4. Building Elevation Photos
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE No.: PD -217R4 -C, Coppel Chess Club (Formerly Doggie's Wonderland)
P&Z HEARING DATE:
August 19, 2021
C.C. HEARING DATE:
September 14, 2021
STAFF REP.:
Mary Paron-Boswell, AICP, Sr. Planner
LOCATION:
South side of Vanbebber Drive and north side of Bethel School Road,
approximately 300' east of Denton Tap Road
SIZE OF AREA:
1.13 acres
CURRENT ZONING:
PD -217R3 -C (Planned Development District -217 Revision 3 - Commercial)
REQUEST:
A zoning change request from PD -217R3 -C (Planned Development -217 Revision
3- Commercial) to PD -217R4 -C (Planned Development -217 Revision 4 -
Commercial) to approve a Conceptual Site Plan for the vacant Lot 5R and a Detail
Site Plan for the conversion of the existing Doggie Wonderland into a Chess Club
and learning center with additional parking spaces proposed.
APPLICANT:
OWNER (Lot 4R) OWNER (LOT 5)
Coppell Realty Investment, LLC Ganesan, LLC
Christopher Lu Suresh Suruliraj
2008 E Peters Colony Rd 7268 Ridgepoint Dr.
Carrollton, TX. 75007 Irving, TX 75063
(214) 641-6450 (469) 235-2108
suresh.ganesan(e ,gmail.com
CONSULTANT
DP Designs & Development, LLC
PO Box 681
Cedar Hill, TX 75106
(214) 675-9175
daniel e(a*-designs.co
HISTORY: This property was originally constructed for La Petite Daycare in August 1984. In
January 1999, the ownership changed to the Sterling Academy Daycare and
operations ceased in July 2004. In 2007, PD -217-C (Planned Development -217 -
Commercial) was approved to allow for the conversion to a pet day
care/boarding/spa on 0.637 acres. The plat for Lot 4 was approved on July 10, 2007.
Subsequently, the site was renovated and reopened operations. In 2009,
redevelopment plans requested an 11,688 -square -foot expansion to the pet care
ITEM # 6
Page 1 of 4
outdoor play area, located on the vacant property to the north fronting Vanbebber
Drive (Lot 5). This proposed expansion of the outdoor play area did not occur. In
February of 2018, Council approved a PD amendment to allow a new building that
would have a kennel area, pet wash and bakery on the current Lot 5. Lot six had a
conceptual site plan attached. Later that year, the request was again modified to
construct a new Doggie Wonderland on Lot 5 and convert the existing Doggie
Wonderland into the rescue kennel and self -serve pet wash. This plan was not acted
upon.
HISTORIC COMMENT: This property has no historical significance.
TRANSPORTATION: Bethel School Road is designated on the Thoroughfare Plan as a two-lane collector
street, built within a 60 -foot right-of-way. Vanbebber is a two-lane residential street
within a 50 -foot right-of-way.
SURROUNDING LAND USE & ZONING
North: Credit Union (PD -257R -C); Residential (SF -7)
South: Post Office (C)
East: Church (SF -7)
West: Convenience Store & Gas Station (C); Retail with Drive-Thru (PD -268-C)
COMPREHENSIVE PLAN:
Coppell 2030, A Comprehensive Master Plan, shows this property as appropriate
for Neighborhood Center Retail. These areas would provide for retail, restaurants,
office, civic and institutional primarily intended to serve nearby neighborhoods.
DISCUSSION: Site Plan & Parking
The plans approved in 2018 to build a new Doggie's Wonderland and convert the
existing Doggie's Wonderland into a rescue kennel and pet wash facility did not
materialize. The property has since undergone new ownership. With this request,
the existing Doggie Wonderland is proposed to be converted into a chess club and
learning center, offering tutoring for children. This change in use requires
additional parking. Nine additional parking spaces are proposed to be constructed
north of the existing building. The existing parking spaces are proposed to remain
and a variance was granted with the previous PD to allow the existing configuration
(8'6"xl8'). A variance was also granted for the side yard setback for the existing
building. Nothing is currently proposed for Lot 5, but the lot lines for Lot 4R and
5, will be amended to reflect the change in property lines due to the need to provide
additional parking for Lot 4R. A concept plan is shown for Lot 5 to illustrate the
possible construction and parking layout in the future. A Detail Site Plan will be
required for the development of this lot, including any required screening between
Lot 5 and the adjacent properties.
This new use and site layout for Lot 4R will also see the removal of much of the
existing fencing and dog playground equipment. This area will be reorganized to
ITEM # 6
Page 2 of 4
include the additional parking spaces as well as additional trees and landscaping.
The applicant is requesting to leave the existing basketball court in place, which is
located at the northeast corner of the site. This is currently not reflected in the plans
but based on preliminary observation, the basketball court appears to be located
outside of the proposed parking area. Staff will require the plans to be updated to
reflect this change and recalculate the overall landscape area, which currently is
approximately 42% of the site.
Replatting & Documents:
The property is required to replatted to create the lot configuration as illustrated on
the Site Plan. The previous PD indicated that Lots 4R, 5 and 6 would share a
dumpster. This is still the plan and the draft agreement will need to be reviewed by
staff and filed at the County at the time of the replat. The plan will need to reflect
an access point or pedestrian gate for Lots 5 and 6 to access the dumpster as there
is currently a screening wall separating the different lots. The previous plan also
allowed for shared parking, this is no longer required with this configuration. Each
lot will stand alone in terms of parking.
Landscaping:
The area to the north of the building, outside of the additional parking area, will
have grass and additional trees planted. More trees are proposed along the eastern
perimeter and at the end of the parking islands. All of the existing trees (8 overstory
trees and 6 Crepe Myrtles) on site are proposed to remain. In all, the site is proposed
to be 42% landscaped, exceeding the 30% required by ordinance. Even with the
most recent proposed change to the site plan to have the basketball court area
remain (not currently shown), the site will be heavily landscaped. Staff will require
that the landscape plan and calculations be updated.
Screening, Elevations & Signage:
An existing masonry wall screens the eastern perimeter. This screening wall wraps
around the northern portion of Lot 4R to the western border. Shrubs line the
western perimeter. The concept plan needs to be updated to show a required
screening wall along Lot 5R for any future development.
The applicant is not proposing to make any changes to the existing building besides
signage. Staff recommends that any proposed signage meet city ordinance
requirements.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the request subject to the following PD conditions:
1. A replat will be required to subdivide the lots and to provide any necessary easements.
2. Submit draft dumpster agreement for City Attorney review. This shall be filed with the plat.
3. All proposed signage shall comply with ordinance requirements.
4. Revise all plans to reflect the basketball court remaining and update the landscape calculations
accordingly.
5. Revise the plans to show access to the dumpster for the adjoining lots.
6. Revise the landscape plans to add a note that all required landscaping shall be irrigated.
ITEM # 6
Page 3 of 4
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Site Plan
2. Landscape Plan & Tree Survey
3. Photos
ITEM # 6
Page 4 of 4
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C',P FE L
File ID: 2021-5859
Version: 2
City of Coppell, Texas
Master
File Number: 2021-5859
Type: Agenda Item
Reference:
File Name: Lost Creek Addition Live/Work
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Public Hearing
In Control: City Council
File Created: 08/10/2021
Final Action:
Title: PUBLIC HEARING:
Consider approval of PD -213R6 -H, Live/Work, Lost Creek Addition, Lot 27,
Block 1, a zoning change request from PD -213R2 -H (Planned
Development -213 Revision 2 - Historic) to PD -213R6 -H (Planned
Development -213 Revision 6 - Historic) to attach a Detail Site Plan for five,
two-story 4,500 -square -foot (3,000 square foot air conditioned) live/work
buildings and a common parking area on 0.71 acres of property located at
the northeast corner of S. Coppell Road and Heath Lane, at the request of
Chris Collins, being represented by Greg Frnka, GPF Architects LLC.
Notes:
Sponsors: Enactment Date:
Attachments: City Council Memo.pdf, Staff Report.pdf, Site Plan.pdf, Enactment Number:
Tree Survey.pdf, Landscape Plan.pdf, Floor Plan.pdf,
Elevations.pdf, Rendering.pdf, Color board.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:
1 Planning & Zoning 08/19/2021 Approved
Commission
Text of Legislative File 2021-5859
Title
PUBLIC HEARING:
Consider approval of PD -213R6 -H, Live/Work, Lost Creek Addition, Lot 27, Block 1, a zoning
change request from PD -213R2 -H (Planned Development -213 Revision 2 - Historic) to
PD -213R6 -H (Planned Development -213 Revision 6 - Historic) to attach a Detail Site Plan for
five, two-story 4,500 -square -foot (3,000 square foot air conditioned) live/work buildings and a
City of Coppell, Texas Page 1 Printed on 9/10/2021
Master Continued (2021-5859)
common parking area on 0.71 acres of property located at the northeast corner of S. Coppell
Road and Heath Lane, at the request of Chris Collins, being represented by Greg Frnka, GPF
Architects LLC.
Summary
Staff Recommendation:
Staff is recommending approval of PD -213R6 -H, Live/Work, Lost Creek Addition.
Strategic Pillar Icon:
City of Coppell, Texas Page 2 Printed on 9/10/2021
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: September 14, 2021
Reference: PUBLIC HEARING: PD -213R6 -H, Live/Work, Lost Creek Addition, Lot 27, Block 1, a zoning
change request from PD -213R2 -H (Planned Development -213 Revision 2 — Historic) to PD -
213R6 -H (Planned Development -213 Revision 6 — Historic) to attach a Detail Site Plan for five,
two-story 4,500 -square -foot (3,000 square foot air conditioned) live/work buildings and a
common parking area on 0.71 acres of property located at the northeast corner of S. Coppell Road
and Heath Lane, at the request of Chris Collins, being represented by Greg Fmka, GPF Architects
LLC.
2040 Pillars: Enhance the Unique "Community Oasis" Experience &
Create Business & Innovation Nodes
Executive Summary:
The applicant is proposing to construct five speculative live/work units and one common area parking lot. The
interior floorplan will be finalized with the retention of a buyer. Approximately half or more of the ground floor
will need to be dedicated to work area, while the upper floor will serve as a living area. Each unit is proposed to
contain approximately 3,000 square feet of air-conditioned space, a covered front porch, a two -car garage and has
the potential for a covered second story porch. The one -foot and seven -foot side yard setbacks between the units,
as proposed, is typical of a "zero lot line" development. A private maintenance, access, utility, and drainage
easement is proposed between the units. This will allow the lot owners to access & maintain the sides their
respective units as well as provide access from the rear parking to the front. The reason for the Planned
Development request is to allow for specific conditions unique to this project. These conditions include:
1. Allowing for the live/work land use, with the stipulation that no more than one unit shall be allowed to be
a high parking generator (1 space per 175 square feet). This includes uses such as medical & dental office
and chiropractor.
2. An eight -foot -high fence being allowed in lieu of a six-foot screening wall.
3. A minimum five-foot side yard setback be allowed on the northernmost property in lieu of the typical 10'
perimeter.
4. A one -foot perimeter landscape strip be allowed on the eastern property line in lieu of the 10' typical
perimeter.
5. Garages shall only be used for the parking of vehicles, no workspace.
6. Screening of second floor patio area is required to reduce the sight lines to the adjacent residences to the
east.
Introduction:
Live/work uses at the proposed location are compliant with the 2030 Coppell Comprehensive Master Plan.
Analysis:
There are a total of 43 parking spaces proposed:
- 11 on -street parking spaces on Coppell Road,
- 10 garage parking spaces for the residents
- 15 spaces behind the garages
- 7 shared spaces on a common area lot, accessed from the driveway on Hearth at the rear of the units.
Originally, 44 were shown, but one of the on -street parking spaces on S Coppell Road has been removed due to
visibility concerns discussed at the Planning and Zoning Commission Meeting.
The required parking, as indicated on the Site Plan, shows two scenarios:
1. 5 professional offices only (1 parking space per 300 sq. ft.) + 2 garage parking per residence = 35 total
parking spaces required
2. 1 medical office (1 parking space per 175 sq. ft.) and 4 professional offices (1 parking space per 300 sq.
ft.) + 2 garage parking per residence = 39 total parking spaces required
The proposed landscaping area exceeds the 30% minimum area required. There are 18 trees (Escarpment Live
Oak, Lacebark Elm, Cedar Elm) that are proposed be added. The total tree mitigation required for the site is
$1,968. The proposed front building elevations are similar, and three of the five units have upstairs balconies. The
southernmost building has a wrap-around porch because it has dual frontages. All the buildings are to be
constructed of horizontal siding using traditional paint colors from the Sherwin Williams palette. The elevations
of the building are in compliance with the Old Town Design Guidelines.
Legal Review:
N/A
Fiscal Impact:
None
Recommendation:
On August 19, 2021, the Planning & Zoning Commission (6-0) recommended approval of PD -213R6 -H, subject
to the following conditions:
1. There may be additional comments during the building permit and detailed engineering review.
2. A replat will be required to subdivide the lots and to provide easements.
3. Submit draft HOA documents for City Attorney review. These shall be filed with the plat.
4. An exception be granted to allow an eight -foot wood fence in lieu of a six-foot brick wall on the eastern
property line.
5. An exception be granted to allow 1' perimeter landscaping on the east property line and 5' on the northern
property line.
6. No more than one unit shall be a high parking generator (1 space per 175 square feet). This includes uses
such as medical & dental office, veterinary clinic, and chiropractor.
7. Garages shall only be used for the parking of vehicles, no workspace.
8. Screening of second floor patio area is required to reduce the sight lines to the adjacent residences to the
east.
Attachments:
1.
Staff Report
2.
Site Plan
3.
Tree Survey
4.
Landscape Plan
5.
Floor Plan
6.
Elevations
7.
Rendering
8.
Color Board
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE No.: PD -213R6 -H, Live/Work Lost Creek Addition, Lot 27, Block 1
P&Z HEARING DATE: August 19, 2021
C.C. HEARING DATE: September 14, 2021
STAFF REP.: Matthew Steer, AICP, Development Services Administrator
LOCATION: NEC of S. Coppell Road & Heath Lane
SIZE OF AREA: 0.71 acres
CURRENT ZONING: PD -213R2 -H (Planned Development District -213 Revision 2 - Historic)
REQUEST: A zoning change request from PD -213R2 -H (Planned Development -213 Revision
2 — Historic) to PD -213R6 -H (Planned Development -213 Revision 6 — Historic) to
attach a Detail Site Plan for five, two-story 4,500 -square -foot (3,000 square foot air
conditioned) live/work buildings and a common parking area.
APPLICANT: Applicant Architect
Chris Collins, Christopher Realty Group Greg Frnka, GPF Architects, LLC.
564 S. Coppell Road 549 E. Sandy Lake, Suite 100
Coppell, TX. 75019 Coppell, TX. 75019
(214) 477-0320 (972) 304-9988
chriscollinskkww.com affnkaaanfarchitects.com
HISTORY: In April of 2002, Council accepted the Old Coppell Master Plan as a guide for
development of the subject property. In March 2011, Coppell 2030- A
Comprehensive Master Plan was adopted by Council, which incorporated the
concepts of the Old Coppell Master Plan.
The subject property was part of a rezoning in 2007, that established 25 townhome
lots to the east and commercial/office/retail on this lot.
In November 2015, Council approved the Lost Creek Phase 11 Live/work units
across Heath Lane from this request, which consisted of 3 live/work units.
Subsequently, during the construction of the units, a request for a revision to the
Planned Development zoning to allow a variance to the requirement to build a
screening wall on the east property line of that lot was denied. A six-foot brick wall
has since been constructed.
ITEM # 8
Page I of 4
In August 2018, Council approved a zoning change request to allow two live/work
units to the north of this property on McNear and S Coppell Road. A variance to
the wall requirement was approved in that instance.
HISTORIC COMMENT: This property has no historical significance.
TRANSPORTATION: Coppell Road is a C21J, concrete two-lane undivided street with curb and gutter
contained within a 60 -foot right-of-way. Heath Lane is a concrete residential street
with curb and gutter contained within a 50 -foot right-of-way. No parking is allowed
along the segment of Heath Lane abutting this property.
SURROUNDING LAND USE & ZONING:
North: commercial building; "H", Historic
South: three live/work units; Planned Development -213R4 -H
East: single family residences: Planned Development -213R2 -H
West: retail (Robertson Pools); Planned Development -216-H
COMPREHENSIVE PLAN:
Coppell 2030, A Comprehensive Master Plan, shows this property as appropriate
for Old Coppell Historic District uses.
DISCUSSION: The applicant is proposing to construct five speculative live/work units and one
common area parking lot. The interior floorplan will be finalized with the retention
of a buyer. Approximately half or more of the ground floor will need to be
dedicated to work area, while the upper floor will serve as a living area. Each unit
is proposed to contain approximately 3,000 square feet of air-conditioned space, a
covered front porch, a two -car garage and has the potential for a covered second
story porch. The one -foot and seven -foot side yard setbacks between the units, as
proposed, is typical of a "zero lot line" development. A private maintenance,
access, utility and drainage easement is proposed between the units. This will allow
the lot owners to access & maintain the sides their respective units.
Parking:
There are a total of 44 parking spaces proposed:
- 12 on -street parking spaces on Coppell Road,
- each lot will have a two -car garage for the occupants and three dedicated
parking spaces located behind each of the garages, and
- seven shared parking spaces on a common area lot, accessed from the driveway
on Heath at the rear of the units.
The development was parked at the most intensive use (1:175 sf), thereby allowing
for the most flexibility of uses. Staff will require the plans be updated to include
the parking data on the Site Data Table of the Site Plan.
Replatting & HOA Documents:
The property is required to replatted to create the five live/work lots and one
common area X lot for shared parking. The on -street parking spaces along Coppell
Road will require a portion of the lot to be dedicated as a parking and sidewalk
easement which will need to be shown on the plat. A homeowners' association
(HOA) will be required for the maintenance of the common area and landscape
ITEM # 8
Page 2 of 4
islands on Coppell Road. Draft HOA documents are required to be submitted to
the city for review. These will need to be filed at the time of the replat.
Tree Survey/Landscaping:
Two of the three existing trees on site are proposed to be removed: 20" Pecan and
26" Eastern Red Cedar. The third tree, a 17" pecan at the end of the drive is
proposed to be preserved. The total tree mitigation required for the site is $1,968.
There are 18 trees (Escarpment Live Oak, Lacebark Elm, Shumard Oak) that are
proposed be added. Black basalt gravel is proposed between the units, as it will be
heavily shaded. Staff is recommending that additional detail be provided for the
northernmost and southernmost parking islands along S. Coppell Road, and this is
listed as a condition of approval.
The overall development is meeting the total area requirements of the Landscaping
Section of the Zoning Ordinance that calls for 30% landscape area; however, the
typical 15' front yard landscape area is not being provided on S Coppell Road. A
more urban streetscaping is proposed along this area consisting of angled parking,
a 7' wide sidewalk, two street -lamps, landscape islands and five overstory trees.
The applicant is requesting a reduction in a portion of the eastern perimeter
landscaping (one feet wide versus 10 feet wide) to accommodate the 24' drive aisle.
The applicant is also requesting a reduction from 10 feet to 5 feet wide on the
northern property line (5' side yard setback shown) for the live/work unit. Because
this is an irregularly shaped lot, staff can support the proposed reductions.
Screening:
An eight -foot fence (board on board with trim cap) is proposed along the eastern
property line in lieu of the required six-foot masonry wall. The proposed eight -
foot wooden fence will provide additional privacy to the residence to the east from
the parking area than will a six-foot wall and staff can support this request. The
southern terminus of the fence is at the 15' front yard setback line.
Elevations:
The proposed front building elevations are similar, and three of the five units have
upstairs balconies. The southernmost building has a wrap-around porch because it
has dual frontages. All the buildings are to be constructed of horizontal siding
using traditional paint colors from the Sherwin Williams palette. Each building
will have one main color of either a shade of blue, brown, light olive, brown/red or
grey and each will have white for the trim. A gabled roof with asphalt shingles is
shown on each of the units. The rear elevation will contain a hip roof to cover a
large outdoor 2nd floor space and garage door. The garage doors are proposed to
be made of architectural insulated metal with lites (window panels) at the top and
are painted to compliment the field color. The south side elevations of each unit
will have windows and the north side of each of the units (except the end unit) will
not have windows. There are dormers on most visible units to break up the expanse
of the roofs. Staff is requesting more details on the doors and windows to ensure
compliance with the Historic District Design Guidelines, and this is listed as a
condition within the recommendation.
ITEM # 8
Page 3 of 4
Signage:
Staff recommends that any proposed signage meet the Historic District
requirements. A color board has been provided and a photo of it attached. It shows
the paint colors proposed for the siding and trim and depicts the stone and shingles
to be used.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the request subject to the following PD conditions:
1. There may be additional comments during the building permit and detailed engineering
review.
2. A replat will be required to subdivide the lots and to provide easements.
3. Note on Site Plan that the HOA shall be responsible for maintenance of the common area
lot, the landscape islands on Coppell Road and the perimeter fencing.
4. Submit draft HOA documents for City Attorney review. These shall be filed with the plat.
5. All proposed signage shall comply with ordinance requirements.
6. Add required/provided parking data to the Site Data table.
7. Add an overstory tree to the southernmost and northernmost landscape islands and include
more detail on the plans for these areas
8. Extend the proposed fire lane/mutual access easement to incorporate the western 25'
turning radius.
9. Revise all plans to reflect the correct property lines as depicted on the Site Plan.
10. Include more details on the elevations related to the doors and windows to ensure
compliance with the Historic District Design Guidelines.
11. An exception be granted to allow an eight -foot wood fence in lieu of a six-foot brick wall
on the eastern property line.
12. An exception be granted to allow 1' perimeter landscaping on the east property line and 5'
on the northern property line.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1.
Site Plan
2.
Tree Survey
3.
Landscape Plan
4.
Floor Plan
5.
Elevations
6.
Color Board
ITEM # 8
Page 4 of 4
A,JHED��
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SITE PLAN
sale: 1". EXISTING ZONING
ON HEATH LANE
NORTH H NE. ANO �KINHaLLowEL A N E R4
Parking Summary
MAXIMUM BU SNESS OCCUPANCY -507 OF BLDG AREA
_ —
PROFESSIONAL OFFICE:
1500IF/300 IF PER SPACE = 5 SPACES
X 5 BIT = 25 SPACES REQUIRED
RESIDENTIAL COMPONENT - 2 SPACES PER UNIT
X 5 BLDGS = 10 SPACES REQUIRED
TOTAL35 SPACES RECUIRED
43 SPACES PROVIDED
WITH ONE MEDICAL OFFICE:
1500 SF /1,75 SF PER SPACE 9 SPACES REQUIRED
4 BUILDINGAT 5 SPACES EACH = 20 SPACES
RESIDENTIAL COMPONENT - 2 SPACES
PER UNIT X 5 BLDGS = 10 SPACES REQUIRED
TOTAL ASPACESREST
43 SPACES PROVIDED
BI TO El 0 Site Data
EXISTING ZONING PD- 213R2 -H
PROPOSEDZONING: PD -213R6 -H
PROPOSED USE: 5 LIVE / WORK UNI75 AND ONE COMMON AREA
LOT FOR PARKING
SQUARE F007AGES FOR EACH BUILDING:
CONDITIONED AREA. 3,000 IF
2 CAR GARAGE: 600 SF
COVERED FRONT PORCH: 200 IF
COVEREDSIDE PORCH: 100 SF
OPTIONAL COVERED PATIO
ON LEVEL 2: UP TO AGO SF
BUILDING HEIGHT: 34'-6" TO RIDGE
28-0' TO CENTERLINE OF ROOF
EXISTING ZONING FEN SITE AREA: 30.862 IF, 0.71 ACRE
PD -213R2-14
LOT COVERAGE INCLUDING PORCHES: 0266
I FINE
PICE FLOOR AREA RATIO: 0.344
Site Plan
560 S. COPPELL ROAD, BEING LOT 27, BLOCK 1, OF LOST CREEK
ADDITION, AN ADDITION TO THE CITY OF COPPELL. DALLAS.
COUNTY. TEXAS. ACCORDING TO THE PLAT THEREOF RECORDED
UNDER DOCUMENT NUMBER 20080103717, PLAT RECORDS, DALLAS
COUNTY. TEXAS. 00/21/2021 BY BID SURVEYING, LEWAVILLE,
TEXAS 75029
OWNER /APPLICANT CHRIS COLLINS
566 5. COPPELL ROAD
COPPELL. TX 75019
_ E��scO 1n
ARCHITECT:s 4w,com 20
549 E.R SHANDY LAKEC ROAD, SUITE 100
COPPELL, TEXAS 75019
TEL 972-824-7966
gN,FR1XqoTD,,hF, t —,Y
Planned Development Conditions
1, 8BOARD ON BOARD FENCE WITH TRIM CAP PROPOSED IN
LIEU OF THE REQUIRED 6' - B' BRICK SCREENING WALL ON
THE EA5IERN PROPERTY LINE.
- --- 2. 1' PERIMETER LANDSCAPING PROPOSEDIN LIEU OF THE 10'
RE OF
IRED ON THE EASTERN PROPERTY LINE, THERE ARE
IN
AL
ORTORTREES P A ED
° THIS AREA,VEWHESRE 1Y TREE PER 40'SIS REQUIREDOC
3. ALLOW 5' PERIMETER LANDSCAPE SCREENING ON NORTH
-y ------ PROPERTY LINE.
4. THE LOTS TO HAVE 1' SETBACK ON ONE SIDE WITH 7'
SETBACK ON THE OTHER SIDE. ALL HOME OCCUPANTS SHALL
BE GRANTED ACCESS BETWEEN THE HOUSES.
5. THE HOA SHALL BE RESPONSIBLE FOR MAINTENANCE OF THE
OFMON AREA LOT, THE LANDSCAPE ISLANDS ON CDPPELL
__ v ROAD AND THE PERIMf TER FENCING,
6. ALL PROPOSED SIGNAGE SHALL COMPLY AITH ORDINANCE
@FR Ex REQUIREMENTS.
7 NO MORE
AN E
D GEN ERATORH(1 SPACEUPER 175 SOUAREHFEET)ARTHII
INCLUDES USED SUCH AS MEDICAL AND DENTAL OFFICE,
VETERINARY CLINIC, AND CHIROPRACTOR.
SHALL NEI 11 IS '
D TO'N 'SS
9. SCREENING OF SECOND FLOOR PATIO AREA IS REQUIRED TO
REDUCE SIGHT LINES TO THE ADJACENT RESIDENCES TO THE
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SITE PLAN
sale: 1". EXISTING ZONING
ON HEATH LANE
NORTH H NE. ANO �KINHaLLowEL A N E R4
Parking Summary
MAXIMUM BU SNESS OCCUPANCY -507 OF BLDG AREA
_ —
PROFESSIONAL OFFICE:
1500IF/300 IF PER SPACE = 5 SPACES
X 5 BIT = 25 SPACES REQUIRED
RESIDENTIAL COMPONENT - 2 SPACES PER UNIT
X 5 BLDGS = 10 SPACES REQUIRED
TOTAL35 SPACES RECUIRED
43 SPACES PROVIDED
WITH ONE MEDICAL OFFICE:
1500 SF /1,75 SF PER SPACE 9 SPACES REQUIRED
4 BUILDINGAT 5 SPACES EACH = 20 SPACES
RESIDENTIAL COMPONENT - 2 SPACES
PER UNIT X 5 BLDGS = 10 SPACES REQUIRED
TOTAL ASPACESREST
43 SPACES PROVIDED
BI TO El 0 Site Data
EXISTING ZONING PD- 213R2 -H
PROPOSEDZONING: PD -213R6 -H
PROPOSED USE: 5 LIVE / WORK UNI75 AND ONE COMMON AREA
LOT FOR PARKING
SQUARE F007AGES FOR EACH BUILDING:
CONDITIONED AREA. 3,000 IF
2 CAR GARAGE: 600 SF
COVERED FRONT PORCH: 200 IF
COVEREDSIDE PORCH: 100 SF
OPTIONAL COVERED PATIO
ON LEVEL 2: UP TO AGO SF
BUILDING HEIGHT: 34'-6" TO RIDGE
28-0' TO CENTERLINE OF ROOF
EXISTING ZONING FEN SITE AREA: 30.862 IF, 0.71 ACRE
PD -213R2-14
LOT COVERAGE INCLUDING PORCHES: 0266
I FINE
PICE FLOOR AREA RATIO: 0.344
Site Plan
560 S. COPPELL ROAD, BEING LOT 27, BLOCK 1, OF LOST CREEK
ADDITION, AN ADDITION TO THE CITY OF COPPELL. DALLAS.
COUNTY. TEXAS. ACCORDING TO THE PLAT THEREOF RECORDED
UNDER DOCUMENT NUMBER 20080103717, PLAT RECORDS, DALLAS
COUNTY. TEXAS. 00/21/2021 BY BID SURVEYING, LEWAVILLE,
TEXAS 75029
OWNER /APPLICANT CHRIS COLLINS
566 5. COPPELL ROAD
COPPELL. TX 75019
_ E��scO 1n
ARCHITECT:s 4w,com 20
549 E.R SHANDY LAKEC ROAD, SUITE 100
COPPELL, TEXAS 75019
TEL 972-824-7966
gN,FR1XqoTD,,hF, t —,Y
Planned Development Conditions
1, 8BOARD ON BOARD FENCE WITH TRIM CAP PROPOSED IN
LIEU OF THE REQUIRED 6' - B' BRICK SCREENING WALL ON
THE EA5IERN PROPERTY LINE.
- --- 2. 1' PERIMETER LANDSCAPING PROPOSEDIN LIEU OF THE 10'
RE OF
IRED ON THE EASTERN PROPERTY LINE, THERE ARE
IN
AL
ORTORTREES P A ED
° THIS AREA,VEWHESRE 1Y TREE PER 40'SIS REQUIREDOC
3. ALLOW 5' PERIMETER LANDSCAPE SCREENING ON NORTH
-y ------ PROPERTY LINE.
4. THE LOTS TO HAVE 1' SETBACK ON ONE SIDE WITH 7'
SETBACK ON THE OTHER SIDE. ALL HOME OCCUPANTS SHALL
BE GRANTED ACCESS BETWEEN THE HOUSES.
5. THE HOA SHALL BE RESPONSIBLE FOR MAINTENANCE OF THE
OFMON AREA LOT, THE LANDSCAPE ISLANDS ON CDPPELL
__ v ROAD AND THE PERIMf TER FENCING,
6. ALL PROPOSED SIGNAGE SHALL COMPLY AITH ORDINANCE
@FR Ex REQUIREMENTS.
7 NO MORE
AN E
D GEN ERATORH(1 SPACEUPER 175 SOUAREHFEET)ARTHII
INCLUDES USED SUCH AS MEDICAL AND DENTAL OFFICE,
VETERINARY CLINIC, AND CHIROPRACTOR.
SHALL NEI 11 IS '
D TO'N 'SS
9. SCREENING OF SECOND FLOOR PATIO AREA IS REQUIRED TO
REDUCE SIGHT LINES TO THE ADJACENT RESIDENCES TO THE
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File ID: 2021-5894
Version: 1
City of Coppell, Texas
Master
File Number: 2021-5894
Type: Agenda Item
Reference:
File Name: Metrocrest Capital Campaign
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 09/08/2021
Final Action:
Title: Consider approval of a Resolution in support of Metrocrest Services Capital
Campaign; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: Memo - Metrocrest Capital Campaign Resolution.pdf,
Metrocrest Services Capital Campaign Resolution.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2021-5894
Title
Consider approval of a Resolution in support of Metrocrest Services Capital Campaign; and
authorizing the Mayor to sign.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
[Enter Staff Recommendation Here]
Strategic Pillar Icon:
City of Coppell, Texas Page 1 Printed on 9/10/2021
Master Continued (2021-5894)
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City of Coppell, Texas Page 2 Printed an 9WW21
MEMORANDUM
To: Mayor and City Council
From: Vicki Chiavetta, Deputy City Manager
Date: September 14, 2021
Reference: Consider approval of a Resolution in support of Metrocrest Services Capital
Campaign; and authorizing the Mayor to sign.
Introduction: For over fifty years, Metrocrest has provided programs designed to foster
independence and help end poverty in the Quad Cities of Addison, Carrollton, Coppell and Farmers
Branch. For Coppell, Metrocrest Services is the primary resource for individuals, families and seniors
who are in crisis and need housing, employment or food stability.
Because Metrocrest has experienced a significant increase in the need for services over the past two
years, the non-profit organization is undergoing a capital campaign to raise $12,700,000 to build a
new Center for Community Support. This new facility will allow Metrocrest to focus on expanding
their client services and community engagement to meet the growing needs of the community.
Metrocrest Services approached the Quad Cities to request that between the four cities, they commit
$2,000,000 to fund the capital campaign. Coppell has been asked to provide $80,000, an amount that
is based on the 4% of clients who live in Coppell. Our contribution will also be used to meet 70% of
their total campaign goal of $12,700,000 by October 30, 2021.
Legal Review:
The City Attorney has reviewed the agreement.
Fiscal Impact:
Funding for the Metrocrest Capital Campaign will be from the Assigned General Fund, Fund Balance.
Recommendation:
Staff recommends approval of the resolution.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, APPROVING FUNDING FOR THE SUPPORT OF
METROCREST SERVICES BUILDING OUR FUTURE CAPITAL
CAMPAIGN IN THE AMOUNT OF $80,000; AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Metrocrest Services serves individuals, families and seniors for the Coppell
Community who are in crisis and need housing, employment or food stability; and
WHEREAS, Metrocrest Services has provided programs for fifty years that lead to self-
sufficiency, foster independence and help end poverty in Addison, Carrollton, Coppell, Farmers
Branch and The City of Dallas in Denton County; and
WHEREAS, Metrocrest Services has experienced a 155% increase in individuals served
since 2019, resulting in their main facility no longer being able to support the growing needs of its
clients and community; and
WHEREAS, Metrocrest plans to increase capacity and improve services and programs
through the construction of a new Center for Community Support that will focus on expanded
client services and community engagement; and
WHEREAS, Metrocrest Services has embarked on a Building Our Future capital
campaign to raise $12,700,000 to fund the Center for Community Support; and
WHEREAS, the City of Coppell desires to support the Building Our Future capital
campaign and provide funding in the amount of $80,000;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS, THAT:
SECTION 1. The City Council of the City of Coppell, Texas, hereby approves funding
Metrocrest Services Building Our Future capital campaign for $80,000.
SECTION 2. This Resolution shall become effective immediately upon its passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell,
Texas, on the day of September, 2021
APPROVED:
WES MAYS, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT HAGER, CITY ATTORNEY
City of Coppell, Texas
C',P FE L
File ID: 2021-5885
Version: 1
File Name: Mayor and CC Reports
Master
File Number: 2021-5885
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:
09/07/2021
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 2021-5885
Title
Report by the City Council on recent and upcoming events.
Summary
City of Coppell, Texas Page 1 Printed on 9/10/2021