CM 1973-05-15STATE OF TEXAS
COUNTY OF DALLAS
The City Council of the City of Coppell met in special called session on May
15, 1973, in the fire station meeting room,
The following members were present: Hulen Scott, Mayor
Bob Hefner, Mayer Pro Tern
Sam Tiner, Councilman
Bill Harris, Councilman
Hazel Beal, Councilwoman
Councilman Don Carter was not present. Also present were City Administrator
George Campbell, City Engineer Hank Hensley, and City Secretary Dorothy
T imm on s.
The meeting was called to order and the audience asked to stand while Council-
woman Beal led in a moment of 'silent prayer followed by the Lord's ~Prayer.
Mayor Pro Tern Hernet moved that the reading of the minutes be waived;
Councilman Tiner seconded and motion carried 4-0 with the mayor showing his
approval. The following corrections were noted: The amount of the pro-rata
that will be refundable to the telephone company will be the total amount of the
telephone company's original contribution less $10,000 if refunded within 10
years. General Telephone will provide 75% of the construction bid accepted.
On the discussion of the rates to be charged by General Telephone at the Regional
Airport, the rates they are proposing will be the same in the four cities in which
the airport is located. Mayor Pro Tern Hefner~moved that the minutes be approved
as corrected; Councilwoman Beal seconded and motion carried 4-0 with the
mayor showing his approval.
The first item to be considered was a discussion with representatives of the
Regional Airport concerning the proposed telephone rates at the airport.
Mr. Charles WellS, Mr. Charles Croman, and Mr. Richard Layman were
present roddiscuss this matter. They requested that the Council issue a temporary
statement disapproving the proposed rates. Mayor Pro Tern Herher then moved
that a special meeting be called for Friday, May 18, 1973 at 8:00 p. m. , for the
purpose of discussing this item; Councilman Harris seconded and motion carried
4-0 with the mayor showing his approval.
Next, Mr. J.C. Thweatt was present to discuss the sewer line that will serve
the General Telephone Company building and neighboring property. After
discussion on this item, Mayor Pro Tern Hernet moved that the Cit~ pay Mr.
Thweatt $Z, 660 for the necessary easements through his property, that the
pro-rata be waived if Mr. Thweatt is tied on within 90 days after completion of
the line,' and that only a ten foot easement will be used, and that Mr. Thweatt
pay tap fees for at least 38 lots; Councilman Harris seconded and motion carried
3-1 with Councilman Tiner against and the mayor showing his approval.
Consideration of adoption of the litter ordinance was next on the agenda. Council-
man Harris moved that this ordinance be adopted as Number 113; Mayor Pro
Tern Hefner seconded and motion carried 3-1 with Councilwoman Beal against
and the mayor showing his approval.
Appointments to the Board of Equalization was the next item to be considered.
Mayor Pro Tern Hernet moved that Walter Pettijohn, Charles Hitchcock, and
James Rutherford be appointed to this board; Councilwoman Beal seconded and
motion carried 4-0 with the mayor showing his approval. Mayor. Pro Tern
Hernet then moved that Ordinance Number 114 be adopted appointing these
members and setting the first meeting date for next Tuesday, May 22, 1973, at
7:00 p.m. in the fire station meeting room; Councilwoman Beal seconded and
motion carried 4-0 with the mayor showing his approval.
Appointments to the Planning and Zoning Commission was listed next on the
agenda. The floor was opened for nomination to this board and those nominated
were: Albert Hodges, Johnny Burns, Frank Wilkins, Harold Steadman, and
David Phillips. Mayor Pro Tern Hefner moved that nominations cease; Council-
man Harris seconded and motion carried 4-0 with the mayor showing his approval.
Mayor Pro Team Hefner moved that the three receiving the highest number of
votes, Frank Wilkins, Harold Steadman, David Phillips, be appointed to this
Commission; Coun Hwom n Beal seconded and motion carried 4 0 with the
mayor abstaining from approval or disapproval.
Councilman Tiner moved that Bob Hefner be appointed to be the NCTCOG
voting representative for Coppoll; Councilman Harris seconded and motion
carried 4-0 with the mayor showing his approval. '
Consideration of the pro-rata ordinance was the next item on the agenda. After
review of the changes that had been proposed, Mayor Pro Tern Hernor moved
that this ordinance, number 115, be adopted; Councilwoman Beal seconded
and motion carried 4-0 with the mayor showing hi's approval.
The Corps of Engineers has requested that the present Council indicate if they
still agree with the resolution passed by a previous Council approving the proposed
levee system and state park; however, City Administrator George Campbell
stated that there have been some recent changes in the placement of the levees.
Councilman Tiner moved that this item be tabled until the more recent maps
showing the levees are available; Mayor Pro Tern Hernor seconded and motion
carried 4-0 with the mayor showing his approval.
Under new business, an amendment to the contract with TRA concerning a low
volume charge was presented for approval. City Engineer Hank Hensley stated
the reasons why Coppoll needs to have a low volume rate. After discussion on
this item, Mayer Pro Tern Hefner moved that a resolution approving the amend-
ment be passed with the date change noted on the amendment; Councilman Tiner ~-~
seconded and motion carried 4-0 with the mayor showing his approval.
City Administrator George Campbell stated that the airport compatability
study needs to be presented to the Council some time before June 7. It was
decided that a hearing would be held on Thursday, May 24, 1973, at 7:30 p.m.
for the purpose of hearing this report.
Appointment of the Citizen's Advisory Committee was the next item on the agenda,
It was decided that all the ministers of the city would be asked to serve as ¥
honer~r~nember~,~f this committee. Also, the city administrator will write
a letter to each member who is appointed setting up the date for the first meeting.
Councilman Harris moved that this committee consist of nine members with
the committee recommending an additional four members if they desire; Council-
man Tiner seconded and motion carried 4-0 with the mayor abstaining from
approval or disapproval. Councilman Harris moved that the following members
be appointed: Mrs. Barbara Austin, Walter Pettijohn, John Burns, Mrs. John
Rust, Mrs. Andy Grant, Albert Hodges, Joe Eby, Ervin Beal, and Jim Miller
along with the ministers of the City; Mayor Pro Tern Hefner seconded and
motion carried 4-0 with the mayor showing his approval.
Councilman Tiner then moved that Mrs. Barbara Austin be appointed chairwoman
of this committee; Councilman Harris seconded and motion carried 4-0 with
the mayor showing his approval.
A request for a street light on Bethel Road east of Park Road was the next
item to be considered. After discussion on this item, Mayor Pro Tern Hefner
moved that two street lights be authorized, and if only one is needed at this
location, the other one will be held in reserve until it is needed; Councilman
Harris seconded and motion carried 4-0 with the mayor showing his approval.
RESOLUTION OF THE CITY OF COPPELL, TEXAS
WHEREAS, the City of Dallas and the Trinity River Autho-
rity of Texas entered into a basic contract dated July 21, 1972,
to provide for the purchase of water by TRA from the City of Dallas
for resale to the City of Coppell, Texas; and
WHEREAS, the parties desire to amend such contract and
have reduced such amendment to writing entitled Amendment Number 1
to Contract No. 71-184-F, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell,
Texas, hereby authorizes the execution of said contract amendment
which is attached hereto as Exhibit "A".
SECTION 2. That this resolution shall take effect im-
mediately from and after its passage as the law in such cases pro-
vides.
DULY PASSED by the City Council of the City of Coppell,
Texas, the 15th day of May, 1973.
Hulen A. Scott
Mayor
ATTEST:
Dorothy Timmons
City Secretary
AMENDMENT NUMBER 1
TO CONTRACT NO. 71-184-F
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
This Contract Amendment Number I made and entered into this the day
of , 1973, by and between the City of Dallas, Texas and the Trinity River
Authority of Texas, heroinafter called TRA.
WITNESSETH:
WHEREAS, the City of Dallas and TRA entered into a contract dated July 21, 1972
heroin referred to as the basic contract for the purchase of water by TRA from the City
of Dallas for resale to the City of Coppoll; and
WHEREAS, the parties desire to amend such 'contract;
NOW; THERFFORE the City of Dallas and TRA in cohsideration of the terms~ covenants~
and Conditions contained in the basic contract and this amendment Number I hereby amend the
basic contract as follows:
I. Delete. Section 4.2 and add a new Section 4.2'as follows: ..
I. After any of'the following events: (a) the total volume of water taken
by TR~ under this Contract exceeds 187,5 million gallons in one year; (b) the
MaximUrn.Flow Rate exceeds one million gallons a day~ (c) TRA elects to have
its bill so computed as immediately followS; or (d} after June 30~ 1975 .which-
ever occurs. first~ TRA will pay thereafter t.o the City .of Dallas a charge for
water service provided to TRA equal to the sum of a Capacity Charge plus the
Volume Charge. Such election must be made on or before' July I of the fiscal
year. After conditions (a}, (b), (c) or (d) of this paragraph I of Section
4.2 has been satisfi.ed~ payments will be made monthly and shall be the sum
of the Volume Charge for the preceding month plus 1/12 of the annual Capacity
Charge; except that.upon an increase in the MaximUm Flow Rate during the year~
the monthly payments for the Capacity Charge will be increased so that the
total Capacity Charge will be paid by the end of the ~'ear. The charge for
water service under this paragraph I shall be owed the fiscal year following
the election made (condition (c) above) and for and in each fiscal year there-
after~'~therwise for and in the year following the first fiscal year that con-
d'itions (-a), (b), or (d) above is satisfied and for each fiscal year thereafter.
If either condition (a) or (b) is satisfied during any fiscal year, the charges
for the n~xt fiscal year will be based on the Volume and Capacity Charges be~
ning with July I of the next fiscal year.
EXHIBIT
(,1! 3he Volume Charge Js def ned to be the Vulume F~ate times the quantity
of ~,zater (exi~F~ssed in thousdnds of ~]~1 lor~s) del ive~'ed to ~'I~A. The
volun,e t~t~te at the time of the execution of this Contract Instrument
is $.1356 per thousand gallons°
(2) 'Capacity Charge (per year) is defined to be the Capacity Rate times
the Maximum Flow Rate (expressed in millions of gallons per day);
cept that in no event shall the Capacity Charge per year be less than
the product of 0.1142 times the Aliceable Costs (reference paragraph
2 of Section 4.1).
The Capacity Rate at the time o'f the execution of this Contract' Instru-
ment is ~27,540o00 per million gallons per day.
(3) The fiscal year for this contract shall be from July I through June 30.
2o Until-such time as conditions (a), (b), (c), or (d) of paragraph I of this Sec-
tion 4.2 is Satisfied, TRA will pay to the City of Dallas a charge for ~ater service
provided to TRA based on the Low Volume Rat~, except that in no event shall the total
charges for a year be.less than the sum of the product of 0.1142 times the AII.ocable
Costs (:reference paragraph. 2 of Section 4.1) plus $.1356 per thousand gallons of water
delivet-ed. At ~he time of the execution of this Contract, the Low Volume Rate is $0.40
"""~ per one thousand gallons of water.
3. The City o.f Dallas, however, Feserves the right and power to change the Capacity
Rate, the VolUme Rate, and the Low Volume Rate, in accordance with the provisions of
paragraph 3 of Section 4.2 hereof. "
2. All-other terms and conditions of the basic contract shall remain'in full force and effect.
IN TESTIMONY WHEREOF, the City of Dallas has caused this instrument to be signed in its cot.
porate name, and an :its behalf by its Cit~, M~ger +horeOf, attested by its City Secretary, with
corporate seal affixed, and countersigned by its City Auditor; and TRA has caused this instr'ument
to be signed on its behalf by the General Manager thereof, attested by its Secretary, with its
seal affixed, thereby binding themselves, successors, assigns and representatives for the faithfu
and full performance of the terms and provisions of this Contract, i~dividually, jointly and seve
EXECUTED thi s the day of
AI'TEST: CITY OF DALLAS, TEXAS
HAROLD G. SHANK, City Secretary GEORGE R. SCHRADER~ City Manager
COUNTERSIGNED: APPROVED AS TO FORM:
N. ALEX BICKLEY~ City Attorney
-- By
E. LYNN CROSSLEY~.City Auditor Assistant City Attorney
ATTEST: TRINITY RIVER AUTHOR I TY
Secretpry General Manager
-- APPROVED AS TO FORM: '
Attorney-
Mayor Pro Team Hefner moved that the $100 permit fee required for cutting a
street be waived for the Flower Mound Municipal Utility District; Councilman
Tiner seconded and motion carried 4-0 with the mayor showing his approval.
Mayor Pro Tern Hefner moved that the bills be approved for payment; Council-
man Tiner seconded and motion carried 4-0 with the mayor showing his appmeval.
The meeting was then closed for an executive session.
After the executive session', the meeting was adjourned.
Hulen A. Scott, Mayor
ATTEST:
Dorothy Timmons, City Secretary