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CP 2000-05-09 NOTICE OF CITY COUNCIL MEETING AND AGENDA MAY 9, 2000 CANDY SHEEHAN, MARSHA TUNNELL, Place 4 Mayor Mayor Pro Tem GREG GARCIA, Place I DOUG STOVER, Place 5 JAYNE PETERS, Place 2 LARRY WHEELER, Place 6 PAT KEENAN, Place 3 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Executive Session6:00 p.m. 1st FI. Conf. Room(Closed to the Public) Work Session Immediately Following Ist FI. Conf. Room(Open to the Public) Regular Session 7:30 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, May 9, 2000, at 6:00 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Seek legal advice concerning zoning issues relating to C.I.S.D. ag05092000 Page i of 7 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 3. Convene Work Session A. Voters' RiGhts Issue for Cities in Multiple Counties. B. Council Retreat. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. PledGe of Allegiance. 6. Welcome to Loren Brown, 200:[ Tournament of Roses Association President. 7. Canvass returns of the May 6, 2000 Municipal Election, approval of an order declaring the results of said election and authorizing the Mayor to sign. 8. Swearing-in of Councilmembers Place :[, 3, 5, and 7. 9. Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. 10. Consider selection of Coppel l Woman of the Year for 2000. :[ 1.PROCLAMATIONS A. Consider a proclamation narning the month of May as Mental Health Month, and authorizing the Mayor to sign. B. Consider a proclamation designating the week of May :[4-20 as EmerGency Medical Services Week, and authorizing the Mayor to sign. :[2. Quarterly presentation to Council by the Coppell Recreation Development Corporation. :[3. Introduction of Municipal Court Program Coordinator and status update on Teen Court ProGram. :[4. Citizen's Appearances. ag05092000 Page 2 of 7 ITEM # ITEM DESCRIPTION CONSENT AGENDA 15. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 25, 2000. B. Consider approval of accepting the resignation of Frankie Greever from the Library Board. C. Consider the approval of an Ordinance renamin8 a portion of Hawken Drive, from its northern intersection with Coppell Road, west to a point of its intersection south, bein8 adjacent to lots IOA through lot 16A, Block I and Lots 7A through Lot 12B, Block 2 as depicted on Exhibit "A" to Archer Drive, and authorize the Mayor to sign. D. Consider approval of awarding bid Q-0200-05 for Cleaning and Related Services to Municipal Buildings to AM-KO, Inc. in the amount of $142,488.00 as budgeted for a one-year period beginning, June 1, 2000. Resolutions E. Consider approval of a Resolution amending the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code, and authorizing the Mayor to sign. END OF CONSENT 16. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas General Obligation Bonds, Series 2000 in the amount of $9,865,000.00, approving an Official Statement, authorizing the execution of a purchase contract, and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. 17. Consider approval of Change Order #5 to the Sandy Lake Road Project #ST 93-02 for the extension of Sandy Lake Road through the MacArthur Blvd. intersection in the amount of $1,211,687.07 to Ed Bell Construction Company; and authorizing the Mayor to sign. ag05092000 Page 3 of 7 ITEM # ITEM DESCRIPTION 18. PUBLIC HEARING: Consider approval of Case No. PD-183, Coppell High School, zoning change request from C and SF-12 (Commercial and Single-Family-12) to PD-C (Planned Development, Commercial), to allow a 6' high decorative metal screening fence with landscaping along the northern edge of the new parking lot, as well as incorporate the previously approved site plan allowing the construction of concession stands, a press box, additional seating at the existing football stadium, as well as a multipurpose building, tennis court, tennis center, storage facility and additional parking on property, to this planned development located at 185 W. Parkway Boulevard. 19. PUBLIC HEARING: Consider approval of Case No. PD-185, Coppell Industrial Addition, zoning change request from LI (Light Industrial)to PD-LI (Planned Development, Light Industrial), to allow a phased development of 2 office/warehouse facilities totaling 1,900,000 square feet of space on approximately 100 acres of property located along the north side of W. Bethel Road and 50' east of N. Royal Lane. 20. Consider approval of the Coppell Industrial Addition, Preliminary Plat, to allow a phased development of 2 office/warehouse facilities totaling 1,900,000 square feet of space on approximately 100 acres of property located along the north side of W. Bethel Road and 50' east of N. Royal Lane. 21. Consider approval of the Coppell Industrial Addition, Final Plat, to allow a phased development of an office/warehouse facility totaling 600,000 square feet of space on approximately 33 acres of property located along the north side of W. Bethel Road and 50' east of N. Royal Lane. 22. PUBLIC HEARING: Consider approval of Case No. S-1176, Jack In The Box Restaurant, zoning change request from (LI) Light Industrial to LI-S.U.R (Light Industrial, Special Use Permit), to allow the construction of a 2,742 square foot fast food drive through restaurant on approximately I acre of property located on the south side of S.H. 121, approximately 320' east of N. Denton Tap Road. 23. Consider approval of the Jack In The Box Addition, Lot 1, Block 1, Preliminary Plat, to allow the construction of a 2,742 square foot fast food restaurant on approximately 1 acre of property located on the south side of S.H.121, approximately 320' east of N. Denton Tap Road. ag05092000 Page 4 of 7 ITEM # ITEM DESCRIPTION 24. Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of the Jack In The Box Addition, Lot 1, Block 1, to allow the construction of a 2,742 square foot fast food restaurant on approximately i acre of property located on the south side of S.H.121, approximately 320' east of N. Denton Tap Road. 25. PUBLIC HEARING: Consider approval of Case No. PD-133R2, Magnolia Village (known as Magnolia Park), by amending the planned development conditions to attach a detail site plan to allow the development of 15,600 square foot retail building on approximately 2.10 acres of property along the west side of N. Denton Tap Road and south of the S.H. 121. 26. PUBLIC HEARING: Consider approval of the Northlake 635 Business Park, Replat of Lot 1R, Block C and Site Plan, to allow the construction of 88,179 square foot office/warehouse facility on approximately 8 acres of property located at the northwest corner of Lakeshore and Crestside Drives. 27. Consider approval of the Riverside Church of Christ, Site Plan Amendment, to allow the construction of a two-story addition to the existing church and additional parking spaces on 6.5 acres of property located at 150 E. Beltline Road. 28. Consider approval of the Town Center Addition, Lot 4, Block 1, Minor Plat and Site Plan, to allow the construction of 15,300 square foot retail center on approximately 2.1 acres of property located along the east side of N. Denton Tap Road, approximately 160' south of Town Center Drive. 29. Consider approval of the Coppell Crossing, Lot 4, Block 1, Final Plat and Site Plan, to allow the development of 8,498 square foot retail building on approximately 1.5 acres of property located at the northwest corner of S. MacArthur Boulevard and the D. AoR.T. right-of-way. 30. Consider approval of the Coppell Crossing, Lot 5, Block 1, Final Plat and Site Plan, to allow the development of 5,046 square foot retail building on approximately I acre property located along the west side of S. MacArthur Boulevard, approximately 580' north of the D.A.R.T. right-of-way. 31. Consider approval of The Townhouses of Coppell, Final Plat, to allow the development of 92 townhouse units and 13 common area lots, on approximately 10 acres of property located along the east side of S. MacArthur Boulevard, approximately 1,700' south of E. Sandy Lake Road. ag05092000 Page 5 of 7 ITEM # ITEM DESCRIPTION 32. Consider approval of a Resolution on delaying Congressional action on Internet tax moratorium, and authorizin8 the Mayor to sign. 33. Necessary action resultin8 from Work Session. 34. City ManaSer's Report. A. Coppel l Art Center. B. Status of Freeport Exemption Program. 35. Mayor and Council Reports. A. Youth Walk for Wise Choices requested by Mayor Sheehan. B. Tournament of Roses Parade requested by Mayor Sheehan. C. Comment by Councilmember Stover reSardin8 Election Results. D. Comment by Councilmember Stover reSardin8 Homestead Exemption. 36. Necessary Action Resultinl~ from Executive Session. Adjournment. Candy Sheehan, Mayor CERTIFICATE I certify that the above Notice of Meetin8 was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this day of ., 2000, at Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE AT THE WILLIAM T. COZBY PUBLIC LIBRARY AND ON THE CITY'S WEBSITE (www. ci.coppell.tx. us) UNDER CITY ARCHIVES, COUNCIL PACKETS. ag05092000 Page 6 of 7 PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, 0 en cualquier junta oficial de politica en la ciudad de Coppello ag05092000 Page 7 of 7 ~ AGENDA REQUEST FOR1VI CITY 2000 # EXECUTIVE SESSION A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Seek legal advice concerning zoning issues relating to C.I.S.D. SUBMITTED BY: Jim Witt TITLE: City Manager INITIALS ~-,.BV~S]~D 3/98 AGENDA REQUEST FORM CITY COUNCIL MEETING: May 9, 2000 ITEM WORK SESSION A. Voters' Rights Issue for Cities in MultipleCounties. B. Council Retreat. G. Discussion of Agenda Items. CITY MANAGER'S REVIEW: P..EVISHD 3/98 ?2519051 p.1 Soughlake Eoo Deu 817~518051 Transmittal / Fttv Sheet 66 7 N. Carroll Avenue Southla!~A Texas 715092 Phone: (817) 481-5 F~: (817) 2~~'/~'~{~ E-Mail: econd~i. southlak~us Date: 4/18/00 8:57 ~ '~ Total Number of Pages Including this cover sheet: I1 To: ~ I ~" ~i~~ TOPI~: LOCAL 6~.!mN EkE~'~ 0N- StatUs Report da~ed Aprfi 18, 2000 ~oter's 'gfi~i~Issue t'~s In Multiple Counties TO: Multi-coun~ Cities: Your city has been identified as a ci~ that is impacted by ~e cu~ent regulations of the Texas Alcoholic Beverage Comission which do not allow a ci~ wi~in more ~ one coun~ the right to roB. The City oC Soullake and many o~er cities are wor~ng towards tim submittal of legislation the 2001 legislative session ~at will change the laws ~ereby allowing .cities in two counties the same rights enjoyed by cities in a single count. I ~ave previously sent v~ous cities co~espondence related to ~is issue and m~y have responded as noted in the attached "Stares Report" showing v~ous aspects of ~s issue. ffvou have not responded, I wo~uld ~eatly aooreckate your filling out tl~e "M~nicipal Su~y" and retaking it to me. I appreciate yuur continued support on ~is issue. Feel t~ee to contact me should you have any questions. Also, 1 would re~e it should you elect to place the resolution before your governing body. Dk~tor of Econo~e Development Ci~ of Sou~lake Ene. LeE Slams Repo~ dated April 18, 2000 Municipal Su~ey Response Fern St~dard fern - Resolution of support (can be sent via e-mail) Example Le$islator Letter [.OE 2001 - ~4estion and Answer Summa~ N:~conaev~ROJECT~LOE-2001~o~es~onaence~-05.doe 8192519051 FIpr 19 O0 04:'3~p Ci~ o~ SouT, hl~Ke Eoo BeY 817~519051 P'~ STATUS REPORT The right ti>r multiple-county cities to vote! REPORT DATE: April 18, 2000 OPENING COMMENT: Hope everyone has survived the turn of the New Year and that you remain supportive of our multiple-county voter's rights issue. I have develr}ped this Stat~ Re. vort so that 1 might periodically sc~nd you an update of progress on the initiative. Following arc a few goals for the next few months: Continue contacting each city to determine their level of support- (see "Help" below) Collect municipal surveys and resolutions for compilation into a briefing report for distribution to the Mouse Committee a~id other legislators. Ask cities to begin making your legislators aware of this issue and requesting their support. REQUESTED A, CT!ONS. MUNICIPAL SURVEY: If you have not already done so, please fill out and return the attached "Municipal Survey" so that your opinion / support on this issue can I~e documented. iT IS VERY IMPORTANT THAT WE COLLECT THIS INFORN/IATION FOR EVERY CITY IMPACTED. RESOLUTION OF SUPPORI: If you have not already done so and are in support of this initiative, please have your governing body pass a resolution similar to the attached foremr. I can E-mail this to you if you desire to save you the time in retyping the document. LEGISLATIVE SUPPORT LETTERS: It is approaching the time when legislators are evaluating their li.q/of initiatives for the upcoming session. If you are in support of this initiative, please contact your elected representatives and remind them of this issue and encourage their support. A potential format/br such a letter is attached. I would also recommend attaching the Question and Ar~'wer Summary to your letter as a background for them to understated. If you receive contim'ration that your legislators will be in support, please forward that information to me for documentation. HELP: Although we don't mind leading the charge on this initiative because of its importance to Southlake, I could sure use some help in getting other cities on board. Plea.~e look over the following "Yet to Respond" section for a city that you may be familiar with and contact that city to solicit their support. I have sent infom~ation several times to all cities but I cannot get them to respond without personally contacting tl~em. LOEStatus Report Draf~c: 4-{8-00 8:51 ~M Page I ot'3 8172519{351 Rpr' 18 O0 04:~Ep City oF Southlake Eoo Dev 8172518051 CITY SUPPORT BY FORMAL RESOLUTION: The followitig cities have currently docmnented their support via approval ofa fom~al resolutio~t by their governing body. Aransas Pass Frisco Seabrook Trophy Club Venus Azle Grand Prairie Southlake Troup Westlake Copperas Cove SUPPORT W/O RESOLUTION: The following cities have said they were supportive of the initiative but not by rcsolutioti. Missouri City Nixon Richardson Schq'tz YET TO RESPOND: The following cities have not responded al~mugh various information and requests have previously bccn sent to them. 1 have not yet been able to personally contact ~mse cities to detem~ine their level of interest. If you have a contact in one of these cities, please contact them and encourage their tbrmal support. Abcmathy Dalhart Kilgore Old Rivcr-Winfrce Tamm Ackerly Dallas Lakcsid~ City OveHon Tomball Atba Depot1 La Costc Pearland Trinidad Amarillo East Mountain Lavema Pecan Gap Uhl~d Austin Easton League City Pernitas Point Universal City Bartlett Evant Leander PIano Valley Mills Bayton Fair Oak ~nch Longview Portland Waller Blackwell Flower Mound Lueders Reklaw Wa~xen City Booker Fort Worth Lytle Round Rock ~itewright Brimcollie-Eddy Frie~dsw'uvd Mabank Rowlett Wichita Fails Bullard Garland Manstield Sachse Windthorst Burieson Gladewater Midland San Diego Winnsboro Can'ollton Glenn Heights Mitrerat Welts San Marcos Wylie Cedar Hill Golinda Mustang Ridge Seagovilte Yoakum Cedar Parks Grapevine New Berlin Selma Zibolo Clarksville City Hamlin Newark Seven Points Combine Happy Niederwald Shoreacre~ Coppcll Haslet Normangee Staflbrd Corpus Christi Josephine Odessa Stamford CrowIey Katy O'Donnell Streetman LOE Status Report Draft: 4-[8-00 8:'il AM Page 2 ot'3 8172519051 Rpr 1B O0 04:'32p Ci~ oF Sou~hlake Eoo Oev 817~51B051 OTHER ORGANIZATIONS TEXAS MIINICIPAL LEAGUE: Th~ delegates of the 1999 TML convention in Dalias passed a resolution in support of this legislative initiative on Noveniber 17, t999. We anticipate conthmed support fi'om TML on this issue. TEXAS ECONOMIC DEVELOPMENT COUNCIL: The TEDC has passed a resolution of support ~br this legislative initiative. (Thanks to Jim Candy of Frisco for presenting this.) LEGISLATIVE ACTIONS STATE SENATORS: The li>llowing State Senators represent districts vait-h citi~ that are i,l support of this initiative. (IMPORTANT: 17~is does not intend to say that the senators are in support. This will be detem~ined in the Ihture.) Kenneth Armbrister Chris Hart'is Jane Nelson Carlos Truan Jeff Wentworth Troy Fraser Mike Jackson David Sibley STAI'E REPRESENTATIVES: The following State Representatives represent districts with cities that are in support of this initiative. (IMPORTANT: This does not intend to say that the Reprcsentatives are in sugport. TIllS will be determined in the future.) Ray Allen Domingo Garcia Rick Green Edmund Kuempel Brian McCall Ronny Crownover Toby Goodman Judy Hawley David Lenget~ld Vicki Truitt John Davis Tony Coolshy Fred Hill Jerry Madden Arlcne Wohlgemuth U.S. LEGISLATORS: Although they will not vote on this issue, the following U.S. Senators and Congressman represent districts with cities that are in support of Ibis initiative- (IMPORTANT: This does not intend to say that these legislators are its support. This will be detemxined in the fitture.) Phil Gramm Dick Am~ey Kay Bailey Hutchinson Tom DeLay MISCELLAN.EOUS.. ATTACHMENTS: 1. Municipal Survey Form 2. Standard Support Resolution Form 3. Examl>le legislator support letter 4. LeE 2001 - Question and Answer Summary CONTACT INFORMATION: Grog Last, Director of Economic Development City of Southlake, 667 N. Ca~Toll Southlake, Texas 76092 PH: (817) 481-5581, ext. 750 FX: (817) 251-9051 EM: gla.stq~ci .sotltlllld,:~.L Ix. us LOE Status Report Dra~i: 4-18-00 8:51 A Iv Pag~ 3 of 3 817251~051 Rpr" 18 O0 04:~Bp Cit~ ot~ Southlake Eoo Dev 817B518051 p.5 Municipal Survey haterest / Support li>r Local Option Election Legislative Amendinent Note: This sun,ey i.v to detelTnizze the/c~vel of interest or support your city might have/br a legislative am<:ndment allowing a city withh~ multiple counties the abtTizy to hold a local option elec2ion. You do not need to respond i./~vou have previously sent us a survey response. City: __ Population: Primary Contact: Title: Address: Zip Code: Phone: Fax: E-Mail: City lies withill witat counties: State Legislators: [R=Rep, S=Scn.]: __ Yes No Question ~ ~ Is your municipality currently located in more than one county'.> .... Would your city boundary include mare than one county upon amx~xution of your ETJ? ~ ~ Do you feel your city is in support ofa LOE amendment as noted above'? Tc~ what extent do you feel your city would support a LOE amendment? ~ ~ City Council resolution of support? ~ ~ Supportive but not formal action'? .... Encouraging your state representatives / senators to suppot~ the amendment? ~ .~ We are interested in being kept informed as to the progress of this initiative We arc interested in attending a committee hearing on this ~tme~ldn~ent We are interested in participating in support of this amendment at a legislative hearing Comments: l;ornl: survty-ol .d0c Please return via lax to City of Snuthlake, Greg Last at 817-251-9051 8192519051 R~r' 18 00 04:'33~ Ci~ ot~ Soulblake Eoo Dev 81785180~1 ~.G RIESOLUTION NO. A RESOLUTION SUPPORTING THE iNTRODUCTION AND PASSAGE OF LEGISLATION WHICH MODIFIES THE REQUIREMENTS FOR AUTHORIZING THE HOLDING OF A CITYWIDE LOCAL OPTION ELECTION TO ALLOW A CITY LOCATED IN MORE THAN ONE COUNTY THE ABILITY TO HOLD A LOCAL OPTION ELECTION. WHEREAS, approximately 105 cities in the State of Texas are within the jurisdictional boundaries of more than one County; and WHEPdSAS, the Texas Alcoholic Beverage Code governs the holding of local option elecl ions For citizens to approve or prohibit the sale of alcoholic beverages; and, WHEREAS, the office of the Attorney General of Texas, through opinion Nu. JlVl-468 has opined that: The Texas Constitution, Al-ticlc XVI, section 20, requires that the Legislatm'e shall enact a law or laws whereby the qualified voters of any ...incorporated town or city may, by a majority vote of those voting, determine fi'om time to time whether the sale of intoxicating liquors for beverage purposes shall be prohibited or lcgalized within the prescribed limits...; and · The aforementioned section is not sclf~enacting; and · The County Comnlissioners court does not have authority or power to order and direct a local option election in a city lying partly in two ccmnties; and WHEREAS, although the Texas Constitution niandatcs that the Iegislaturc shall enact laws authorizing Iocal option elections in all cities, the current provisions oF the Texas Alcoholic Beverage Code efi~ictivcly prohibit the citizens of a city within nlore than one county from holding a local option election regarding all but one e, ntitlement regulated by the TABC; and WHEREAS, the continuance of the existing statutory provisions create inequities among Texas cities, granting greater voting rights to cities contained wholly within one county; and WHEREAS, it is our desire and belief that municipalities shouId have thc right to govern their local affairs; and NOW, THEREFORE~ BE IT RF. SOLVED BY THE CITY COUNCIL OF TEXAS, THAT: Section 1. The City of , Texas, supports the introduction and passage of legislation that would modify the requirements for authorizing a local option election to allow a municipality in more than one county the ability to hold such an election. 04/17/00 6:18 PM Page 1 of 2 8172519051 Rpr 19 O0 04:'33p City o~r Southlake Eoo Bey 8172519(]51 PASSED AND APPROVED THIS ~ DAY OF .... 2000. CITY OF _,TEXAS Mayor A]'I 'bjST: City Secretary APPROVED AS TO FORM: City Attorney N:XEcondcv~I>R(0JECI'.S\/~OE-200 IM'csolution,~CIT¥-P, ES-CI6.1X)C 04/17/00 6:18 PM Page 2 ot'2 8172519051 gp~ 18 O0 04:'33p Ci~ o~ Sou~hlake Eoo Dev B17851~051 p.8 Drat~ Date: 3/21/00 5:14 PM blonorable Address Re: Local Option Election (LOE) Initiative - 2001 Legislature Voter's Rights for Mult~ole-County Cities Dear : I wanted to take this opportunity to make you aware of an issue of importance to the City' of so that you might include this topic in your early evaluation of issues expected before the upcoming legislative session. The City of is one of approximately 105 cities that currently do not have the riglit to vote on all but one entitlement regulated by fl~e Texas Alcoholic Beverage Code. The attorney generals ofl~ice has written an opinion (JM-468) delineating the legal impediments ill detail. Attaclled for your retirerice is a Question and Answer SummaO, related to this topic. Wc stro~gly believe tl'mt this legislation needs to be changed to allow us the ability to determine our affairs locally. We would very much appreciate your support of this issue as it comes before the House and Senate. We would welcome the opportunity to discu.~s this important issu~ l'urther should you have an opportunity. Respectl'ully, Mayor / Councihneml~er / Citizen Address Phone enc: LOE 2001 - ~uestion and Answer Summary 8172519051 RRr 18 00 04:'33R ~i~ o~ Sou~hl~Ke Eoo Bey 8172518051 RoB Local Option Election- Voter's Rights 2001 Legislative Initiative Question and/lnswer Summary Following is a summary o[ questions regarding the local option election (LOE) 2001 legislative initiative- The que-qtions are generally organized by groups of similar topics. It is anticipated that this list will be updated frequently as new questions arise. If you have a question you would like answered, please tbrward the question to Greg Last via fax at (817) 251-9051 or E-mail: glast(it~ci.southtake.tx.tts and it will be added to the list. MISCELLANEOUS ACRON YMS / DEFINITIONS: 1. LOE; Local Option Hection, this acronym represents a process wl~ere a political subdivision (City, Justice of the Peace Precinct, County) can hold an election locally to detenrtine any aspect of the law regulated by tl~e TABC. 2. TABC: Texas ,4tcohot & Beverage Co& 3. JP Precinct: &slice. r~J'tha Peace Precinct 4. Political Jurisdiction: A political jurisdiction as it is refen'ed to in the TABC can be either a Municipality, County, or Justice of the Peace Precinct. DACKGRO.U_ND INFORMATION: t. Has this topic been presented before the legislature before? Answer: Ye.v, the topic' has been presented in past years in various forn~s but has newer passed. 2. How many cities are affected by the multi~county impediment? Answer: Afyn'o-rimately 105 cities tlu'oughout Texas are encumbered by more than one count), within their municipal limits. 3. Wasn't there a related bill passed in the 1999 Legislative session? Answer: Yes, H.B. 1814 (Brimer) was passed in the last legislature. This bill allowed for cities contained in more than one coun0, to hold a iLOE limited to "...the sale of mixed beverages in an establishment that holds a Jbod and beverage certificate... "or basically mixd drinlcs' in restaurants. PROPOSED HOUSE BILL SUMMARY: I. What legislator(s) is intending to subtnit a proposed bill? Ans~ver: i'~hc~ Ct't2,' of ~outhlake's State Representatt've (District 98) Vicki l>uitt is committed to submitting a bill fbr the upcoming 200] legislative session. 2. Can other Representatives or Senators join in support of the bill? Answer: Yes, Representati~:es can co-author the bill through the House and Senators can co- sponsor the bill through the Senate. LOE 2001 - Question and Answer Sumtnary DraJ? Date.'04/J Z/O0 5:52 PA4. Page 8192519851 . Rpr 19 O0 04:'33p Ci~-~ oF Sou~hlake Eco Per 817~518051 p 10 3. What are the critical aspects of the bill that will change the law? Answer: Tlze critical aspects of the bill are as d'bllows: a) Amends Subchapter d, Chapter 25] of the Alcoholic Beverage Code by adding' a new Sectt'oa 25 l. 18 enttzled 'Election m Certain Cities and Towns' which applies only to cities oz' towns located in more than one county. b)/~n), oleozion conducted under this chapter would be conducted by the city or town instead of the county. c) The City or }bwn shall pay the expense of the election. d) ,4n.v action to contest the election me), be brought m the district court of any coun.ty in which the City or ~>wn is located. LEGAL / LAW ISSUES: 1. What is the problem with tl~e laws as they currently exist? .Answer: The law currently does not accommodate a process whereby cities that are contained within more than one county may hold a local option election on any entitlement regulated by the Z4BC other than mired tb.mlcs. in restaurants (amendment approved in ] 999 legislative session-) 2. Upon whose opinion is this based'.> Answer: The l>xas .litterhey' Generals Office issued opinion Jbt-468 on April 4, 1986 wlTich makes the following main points. a) Article A'VI, Section 20, of the Texas Constitution is not selJ:enoc'ting. b) Texas statutes authorize only the county cotnmissioners court to order a local option election in an incorporated city on the issue of the sale of mixed alcoholic beverages. c) 77~e county commisslonei~" court does not have authorit,); or power to order and db-ect a local option election in a city lying partly in two counties. 3. What are the main procedures currently liw a local option election? Answer: The main steps for holding a local option election are as fbllows: a) A request fOrd petition iS presented to the election administrator in thepolitical jurisdiction. b) You have 30 days.fi'om receipt of the petition to obtain all the required signatures. c) You must obtain the signatures of 35% of all registered reuters in the potiticatjuriacliction. d) The signatures are only valid .if the following are met: · fi must be identical to the name as shown on the voter registration card. o ..-Ill information on the petition must be written in the hand of the signer, i.e. the voter registration number must be written by the signer, it cannot be t.3,ped on or added to the./brm befi>,'c~ or aJ?er sig,zaturcs. · )~u must have the voter registration numberfiF evety person signing the petition. e) An election is held and a majority of those }vting approve the electron. 4. Does this 2001 Legislative Initiative intend to change any of these procedures? Answer: No 5. What alternatives are there legally to having a city hold a LOE? Answer: Although a city within more than one county cannot cure'chill; hold a LOE. a LOE can be held b), either a Coun.Q7 as a whole or a d.P. Precinct as a whole. Note that all the criteria for LOE 2001 - Question attd /Inswer Sutnmaty DraJ? Datg:04/I 7/00 5:52 P]v[. Page 2 8172519051 . Rpr 18 O~ 04f34p Ci~ oF Sour, blake Eoo I]ev 817~518051 p 11 holding a LOE must be met on an entire county-wide or entire J.P. Precinct baxis, i.e. 3J% o. f atl the registered voters in the county or J.P. Precinct must sign a petition requesting the election. Zn many insta~zces there are cities that are a very small portion of the la~er l~olitical jurisdiction, often requiring ~'ig~atures on the petition in greater number than the entire population of the city. SCHEDUI ,F, OU.ESTIONS: 1. What are the critical time aspects of getting this 2001 LOE initiative approved? Answer: A bill must be submitted by 2. What opportunities are available for public input? A~swer: There will be a 'Testimo,y Hearing" before a House Committee shortly after submittal of the bill. At this time all parties are allowed to comment both for and against the biIl. MISCELLANEOUS QUESTIONS: 1. Is the LOE 200I initiative the same as a local option election regarding particular alcoholic uses? Answer: No. The LOE 2001 initiative is intended to allow a city in more than one county ~ to hold q local opHo._elecO'on. which is dzZ/ferent.from the ci.t],, actually holding the election. The LOE initiative is a statutoO, amendment presented before the Texas House of Representatives and Senate in order to get the taw changed A true local option election i.c called b), an adequate petition of interested parties and allows an i. dividual potitfcal jurisdiction the ability to call an election on any topic regulated by the TABC. LOI'-' 2001 - Que3'tion attd xtnswer Summary D~'afi Date~,.O,t// 7/Ot) 5:52 PM2 Page 3 of 3 6~~~~~ AGENDA REQUEST FORM CITY COUNCIL MEETING: May 9, 2000 ITEM # ~ ITEM CAPTION: Welcome to Loren Brown, 2001 Tournament of Roses Association President. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW: ~ CITY MANAGER REVIEW: - Agenda Request Form - Revised 2/99 Document Name: !lbmwn.doc coppe. High School Bands 185 W, Parkway Coppell, TX 75019 (~j72)393-3058 Fax (972)393-3058 Fax To: Jim VVitt From: Scott Mason Fax: 972-304-7063 Pages: 4 Phone: (972)393~3058 Date= 04/26/00 Re: Pres, Of Rose Parade CC: [] Urgent [] For Review [] Please Comment [] Please Reply [] Please Recycle · Comments: RF'F:- 2E.-- 0~ L,JE]'I i0:30 At,1 E:OF'F'ELL I::RNIZi 1 21,, 3'.~._-'B 3059 F'. 02 iC:)l ,: IMMEDIATE RELEASE , ! ':,r .Ir,,\C 17 PASADENA TOtJF~NAMtZNT OF ROSE:S HILt_ ANt_) KNOWLTON, INC. ASSOCIA'flON ER1CA AMESTOY OR CARYN EAVt::5 |~'i-.t~S01',f OR AMY SLOAN []ANA YAMASAKI (949) 223-2300 (626) 449-4100 LORNE J. BROWN ELECTED PRESIDENT OF 2001 TOURNAMENT OF ROSES BROWN PROCLAIMS "FABRIC OF AMERICA " 'Tt-IE '['HEME FOR Tt fE 2001 ROSE PARA{.~E t 'ASADENA, CA. (JANUARY 20, 2000) -- IN A CEREMONY TODAY, THE PASADENA ii:r,:AM{ :f, Er OF ROSES ASSOCtATION'S BOAR[) OF DIRECTORS CONFIRMED LORNE J. ~',,~zN '10 SERVE AS PRESIDEN 1' FOR THE 2000 -- 2001 TOURNAMENT YEAR. A I~ESIDENT OF !~ASADENA, BROWN ANNOUNCED "~BRtC OF AMERICA" AS THE F~E f',~H F(~R '['~tE 112~H ROSE PARADE. "AS IMMIGRANTS TO THE UNITED STATES, MY WIFE I I tAVE ALWAYS BEEN FASCINAI'ED BY THE RICH AND MUUi'IFAC~ED CULTURE THAT MADE THE UNtiED STATES SUCH A GREA'r NATION. MY HOPE FOR 2001 WILL BE TO lAVE: 'IHE "FABRIC OF A~IERICA" CELEBRATED AROUND THE WORLD THROUGH ~':'Y OF FLOWERED FLOATS, THE MAJES~ OF '['HE EQUE~RIAN UNITS AND THE MUSIC I~F: MARCI lING BANDS," SAID ~RO~NN. - MORE - f~F'I?--2E.--E~E~ L.JE:[:: 1~3:32 ~r'l C:CiPF'ELL :lEAF41': 1 214 ,,,)c '1: ['~IdZSIDENT I-'f?IOR TO HIS ELECTION TO THE TOURNAMENT OF ROSES EXECUTIVE COMMITTEE '-'~-°)3, BROWN CHAIRED FIVE COM.N,t"fTTEES INCLUDING EQUESTRIAN, JUDGING, QUEEN c.':{-~LtI,FF, SECURITY &: PROPERTIES. AND TOURNAMENT GUESTS. IN ADDITION TO HIS I IA!f?MAN.%H]F'S. HIS 32-YEAR TOURNAMENT CAREER SPANS FROM PARADE OPERATIONS %'ltJStr, L: TO MEMBERSHIP AND LONG RANGE PLANNING. AN A'ITORNEY-AT-LAW. BROWN SPECIALIZES IN ESTATE PLANNING. PROBATE AND ,'.< >r,I'~,EF~VA"I'ORSHfP LAW AT BROWN & ASSOCIATES. LLP IN PASADENA WHERE IS IN r,Jf-:RSI tIP WITH HIS SON. HE HAS PRACTICED LAW IN PASADENA SINCE 1965. IN ADDITION TO HIS VOLUNTEER SERVICE WITH THE TOURNAMENT OF ROSES >CIATION. BROWN IS CURRENTLY A MEMBER OF THE PASADENA OPTIMIST CLUB. THE F~A~;AUENA ROTARY CLUB AND ']TIE UN}VERSITY CLUB OF PASADENA. HE HAS BEEN ON bJ(_)ARD OF DIRECTORS OF 'I'HE SCRIPPS HOME AND HAS LED THE LA CAF:IADA IRIDGE EDUCATION FOUNDATION AS ITS VICE PRESIDENT AND DIRECTOR. ~,::OF, 11r'LEMENTING HIS LAW CAREER, HE HAS SERVED AS A COMMISSIONER OF THE c':Aq,_IFcJIr~NIA JUDICIAL NOMINEE EVALUATION COMMISSION, A TRUSTEE OF THE LOS F:S COUNFY BAR ASSOCIATION, AND DIRECTOR AND PRESIDENT OF THE PASADENA /\SSOCIATION. NATIVE OF CANADA, BROWN WAS BORN IN REGINA. SASKATCHEWAN. HE E'MIGRATHD TO THE UNITED STATES IN 1952. RECEIVING HIS BACHELOR OF SCIENCE FROM SAN JOSE STATE UNIVERSITY AND t fiS JURIS DOCTORATE FROM HASTINGS .HGE OF LAW, UNIVERSITY OF CALIFORNIA. BROWN AND HIS WIFE URSULA HAVE C}{ILE>REN. MATI'HEW AND NABINS AND THREE GRANDCHILDREN: A 2 YEAR~DLE) ~,%RAr,IL~SON. CHRISTIAN BROWN, AND NEWBORN TWINS. AMANDA AND JUSTIN. IN HIS IME. BROWN ENJOYS SAILING, SCUBA DIVING, SKIING AND TRAVELING ABROAD. - MORE - .- '-'.:'[~ ] f;F?E~IDENT :;: 'I'~E 112TM ROSE PARADE WILL TAKE PLACE ON MONDAY, JANUARY 1, 2OO1 AT ,~:L)~/',.M . (P'T') FEATURING MAJESTIC FLORAL FLOATS CELEBRATING AMERICA'S FABRIC. !rl,,H ~-E~I EPPING EQUESTRIAN UNITS AND SPIRI"rED MARCHING BANDS FROM THROUGHOUT ~ ~ IF- NAI ION. FOLLOWING THE ROSE PARADE AT 2:00 P.M. (PT), THE 87TM ROSE BOWL ~ ~ .,\kl l':. f 't,'[...'.~EN7~'L) BYA TB.T,, WILL St tOWCASE THE BEST OF COLLEGIATE FOOTBALL. FOR ,",t ~[~!I i~_)NAI_ INFORMATION ON I'OURNAMENI' OF ROSE-% ACTIVITIES, PLEASE CALL (626} ,~4..c.)~ ~,rL')SE. THE 24-tlOUR INFORMATION HOTLINE. - ROSE- AGENDA REQUEST FORM ~ CRy V~ A ]~saflfisl ~ CITY COUNCIL MEETING: May 9, 2000 ITEM # 7 ITEM CAPTION: Canvass returns of the May 6, 2000 Municipal Election, approval of an order declaring the results of said election and authorizing the Mayor to sign. SUBMITrED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS:~X'~ DIR. INITIALS: FIN. REVIEW~y CITY MANAGER REVIEW: Agerata_ Request Form - Revised 2/99 Document Name: %canvass.doe ELECTION OF COUNCILMEMBERS Coppell, Texas May 6, :2000 CANVASS OF RETURNS AND DECLARATION OF RESULTS OF ELECTION BE IT REMEMBERED THAT on this the 9th day of May, 2000, at a meeting of the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called to order and the following business was transacted. Upon motion it was unanimously ordered that the City Council consider the official returns of an election held in the City on the above mentioned date, for the election of Councilmembers Place 1, 3, 5 and 7. WHEREUPON said official returns were opened, examined, canvassed and the results declared as follows: CANVASS OF RETURNS AND DECLARATION OF RESULTS WHEREAS, heretofore, the City Council of the City of Coppell, Texas, called an election to be held in the City on May 6, 2000, to elect a Councilmember Place 1, 3, 5, and 7 for a two year term; and WHEREAS, immediately after said election the Presiding Judge and other officials holding said election made their returns of the results thereof to the City Council as follows, and said returns being made according to law, and duly authenticated, and it being shown that written notice of said election was posted for the time and in the manner provided by law, and all other Canvass of Returns and Declaration of Results of Election - Page - 1 - 33689 proceedings pertaining to said election having been shown to have been done and performed at and within the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council and no protest or objection being made to or regarding any matter pertaining to said election. NOW, T!tF~REFORE, be it resolved by the City Council of the City of Coppell, Texas, at~er examining said returns and opening and canvassing the votes of said election, that the results of said election are as follows: That the following number of votes were cast for the following named candidates for the office of Councilmember Place 1, to-wit: NAME EARLY VOTING TOTAL VOTES Greg Garcia George Marczuk It appearing that received a majority of all votes cast for the office of Counciimember Place 1, is hereby declared to be elected to the office to serve a two year term after qualifying. That the following number of votes were cast for the following named candidates for the office of Councilmember Place 3, to-wit: NAME EARLY VOTING TOTAL VOTES Pat Keenan Christopher Martino Canvass of Returns and Declaration of Results of Election - Page -2- 33689 It appearing that received a majority of all votes cast for the office of Councilmember Place 3, is hereby declared to be elected to the office to serve a two year term at~er qualifying. That the following number of votes were cast for the following named candidates for the office of Councilmember Place 5, to-wit: NAME EARLY VOTING TOTAL VOTES Doug Stover It appearing that Doug Stover received a majority of all votes cast for the office of Councilmember Place 5, is hereby declared to be elected to the office to serve a two year term after qualifying. That the following number of votes were cast for the following named candidates for the office of Councilmember Place 7, to-wit: NAME EARLY VOTING TOTAL VOTES Bill York It appearing that Bill York received a majority of all votes cast for the office of Councilmember Place 7, is hereby declared to be elected to the office to serve a two year term after qualifying. IT IS FURTHER ORDERED that this canvass and declaration of results of said election be entered in the Minutes of the City Council and that said officers, after being qualified and having taken the oath, shall serve during the term commencing May, 2000, and thereafter until a successor is duly elected and qualified. Canvass of Returns and Declaration of Resuks ofElectiola - Page -3- 33689 This Resolution, declaring the results of the election shall become effective immediately after its passage. DULY PASSED by the City Council of the City of Coppell, Texas, this the __ day of ,2000 CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY Canvass of Returns and Declaration of Results of Election, - Page -4- 33689 AGENDA REQUEST FORM The ~ ~ A Beee~el ~ C~Y CO~Cm ~ET~G: May 9, 2000 ITEM ~ ~ ITEM CAFrION: Swearing-in of Councilmembers Place 1, 3, 5, and 7. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS:~N~ DIR. INITIALS: ~ FIN. REVIEW:(~ CITY MANAGER REVIEW: Agenda Request Form- Revised 2199 Document Name: %swearin. doe AGENDA REQUEST FORM CITY COUNCIL MEETING: May 9, 2000 ITEM # q ITEM CAPTION: Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: DIR. INITIALS: ~ ' FIN. REVIEW:c~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: %pmtem.doc SECTION 3.02 QUALIFICATION OF MEMBERS In addition to any other qualifications prescribed by law, the mayor and each councilmember shall meet the conditions of this charter, while in office, and shall reside within the city limits while in office. Any member of the City Council ceasing to possess any of the qualifications specified in this section, or convicted of a felony while in office, shall immediately forfeit such position. SECTION 3.03 JUDGE OF ELECTIONS AND QUALIFICATIONS The City Council shall be the final judge of all elections and of qualifications of its members. SECTION 3.04 COMPENSATION The mayor and members of the City Council of Coppeli shall serve without pay or compensation; provided, howcvcr, that they shall bc entitlcd to tcimbm'R, ment of and fez necessary expenses incmxed in the performance of their official duties. SECTION ].0~ MAYOR AND MAYOR PRO TEM Thc mayor shall bc ~ u tllc official head of ~ city government for all ceremonial purposes and by the governor for purposes of military Jaw but shltl] have no of the City Council ~n~ mayor shall vote ooly in a case of a tie oa all proposilions bcforc thc City Council, but shall have no power to veto. *l'nc city managcr shall sign and Council and wheat the city managcr is not available Ittc acting city manager or mayor may sign and cxccutc such conuacts and agrccments which havc bccn appmvcd by the City Council The mayor shall, when autho~zcd by the City Council, sign any official document such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts and bonds. The mayor pro tcm shall be a councilmembcr electcd by thc City Council at the first regular City Council meeting fortowing either cach xegn_!_m,_ city election or run-off etcction if such occurs. Thc mayor lifo tom shall act as mayor during the disability or abscnce of the mayor and in thi.~ capacity shall havc the rights confcncd upon the mayor. SECTION 3.06 VACANCIES, FORFEITURE AND FILLING OF VACANCIES A. Vacancies The office of a councilmcmbcr or office of the mayor shah become vacant upon such pcrson's death, acceptance of a rcsi~tmstion by the City Council, removal from office in any mannor authorized by law or forfeiture of office. Home Rule Charter, 1995 Printing · 4 AGENDA REQUEST FORM Th~ C~ ~ A B~sa~ssl Fu~ss~ CITY CO~C~ ~ET~G: May 9, 2000 ~EM ~ / ~ ~EM C~ON: Consider selection of Coppell Woman of the Year for 2000. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS:Q\x~ DIR. INITIALS: ~ FIN. REVIEV~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: %wom~__.year.doc ETING: May 9, 2000 ITEM # ITEM CAPTION: Consider a proclamation naming the month of May as Mental Health Month, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: 9\~' DIR. INITIALS: FIN. REVIEW~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: !Mental PROCLAMATION WHEREAS, mental health is critical for the well-being of our families, businesses, and communities; and WHEREAS, mental illness will strike one in five Americans in a given year regardless of age, gender, race, ethnicity, religion, or economic status; and WHEREAS, one in five children suffers from a diagnosable mental or emotional disorder, and one in ten has a serious disorder which, if untreated, can lead to school failure, addiction, and even suicide; and WHEREAS, mental disorders, collectively, make mental illness the most prevalent health problem in America today -- more common than cancer, lung, and heart disease combined; and WHEREAS, the guiding principles of community mental healthcare have always been comprehensiveness, cost-efficiency, effective management, and high quality and consumer-responsive services, and those principles are now being adopted by private and public healthcare payers; and WHEREAS, the National Mental Health Association, the National Council for Community Behavioral Healthcare, and their partners observe Mental Health Month each year in May to raise awareness of mental health, mental illnesses, and insurance discrimination against people with mental illnesses. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby proclaim May 2000 as "MENTAL HEALTH MONTH" in the City of Coppell, and call upon all citizens, government agencies, public and private institutions, businesses, and schools in Coppell to recommit to increase awareness and understanding of mental illnesses and the need for appropriate and accessible services for all people with mental illness. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this __ day of May 2000. Candy Sheehan, Mayor ATTEST: Libby Ball, City Secretary AGENDA REQUEST FORM The City Vt?ith A Beautiful Future CITY COUNCIL MEETING: May 9, 20O0 ITEM # ITEM CAPTION: Consider a Proclamation designating the week of May 14-20, 2000 as EMERGENCY MEDICAL SERVICES WEEK, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: ~X~ DIR. INITIALS: FIN. REVIEWi~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: !lbrown.doc PROCLAMATION WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and WHEREAS, approximately two-thirds of all emergency medical services providers are volunteers; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national health care costs. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby proclaim the week of May 14-20, 2000 as '~MERGENCY MEDICAL SERVICES WEEK" and encourage the community to observe this week with appropriate programs, ceremonies, and activities. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this day of May 2000. Candy Sheehan, Mayor ATTEST: Libby Ball, City Secretary AGENDA REQUEST FOR1VI T~ C~y ~ A ~s~ ~ ~ CO~~ ~E~G: May 9, 2~0 ITEM ~EM ~ON: Quarterly presentation to Council by the Coppell Recreation Development Corporation. SUBMITTED BY: Libby Ball TITLE: City Secretaxy STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS:~ DIR. INITIAl_S: ~1~ ' FIN. REVIEW.~ CITY MANAGER REVIEW: A~genda Request Form- Revised 1/99 Document'Nature %q~utpre AGENDA REQUEST FORM CITY COUNCIL MEETING: May 9, 2000 ITEM # __~___ ITEM CAPTION: Introduction of Municipal Court Program Coordinator and stares update on Teen Court Program. SUBMITTED BY: Rosie Caballero TITLE: Court Administrator STAFF COMMENTS: Municipal Court Programs Coordinator will provide overview of philosophy, goals, and stares of the Teen Court Program. BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS:~X~ DLR. INITIALS: FIN. REVIE~--g CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: Teen Court.doe Coppell Municipal Court Teen Court Program Philosop_h The Coppell Teen Court is a voluntary program. This program allows offenders to assume responsibility for their behavior through involvement in the judicial process. Teens eligible to participate in the program will be 17 years old or younger (or enrolled full-time in a secondary school). Teens will appear before a jury of their peers who will sentence them to community service in an agency of their choice. This program seeks to deter teens from future criminal activity, while providing experience in the judiciary system and an understanding of their role in society. The community benefits from the youth involvement and strict confidentiality will be maintained to protect the individual's privacy. Goals · Allow juvenile offenders to recognize the consequences of their actions. · Provide teenage defendants with a positive experience-in the judicial system and reduce recidivism. · Create greater understanding and communication by establishing positive relationships between the community and its youth. · Provide alternative sentencing for juveniles. · Promote feelings of self-esteem, motivation for self- improvement and development of healthy attitudes toward authority. · Provide a vehicle for students interested in careers in law, legal services or law enforcement to participate in the legal process. · Generate community involvement. AGENDA REQUEST FORM CITY COUNCIL MEETING: Malt 9~ 2000ITEM CITIZEN'S APPEARANCE ORDINANCE NO. 94665 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (l) the following new Article 1-10: ARTICLE 1 - 10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS 1-10-6.2.1 CITIZENS APPEARANCE 1-10-6.2.1 Subjects Not Appearing on the Agenda Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). CITY MANAGER'S'REVIEW: ,~ REVISED 3/98 ~~~,,,~ AGENDA REQUEST FORM CITY COUNCIL MEETING: May 9, 2000 ITEM # _~__ ITEM CAPTION: Consider approval of minutes: April 25, 2000. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL' COMMENTS: '~\'~' DIR. INITIALS: ,,~ FIN. REVIEW: ~ CITY MANAGER REVIEW: A~enda Request Form - Revised 2/99 Document Name: %MINUTES MINUTES OF APRIL 25, 2000 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 25, 2000, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Marsha Tunnell, Mayor Pro Tem Greg Garcia, Councilmember (late arrival) Jayne Peters, Councilmember Doug Stover, Councilmember Larry Wheeler, Councilmember Bill York, Councilmember Councilmember Pat Keenan was absent. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. REGULAR SESSION {Open to the Public) 1. Call to order. Mayor Sheehan called the meeting to order and adjourned into Work Session. WORK SESSION {Open to the Public) 2. Convene Work Session A. Tour of Aquatic/Recreation Center. B. ;Discussion regarding Emergency Preparedness. C. Tree Ordinance Update. D. Review Draft Ordinance regarding the blowing of train sirens and whistles. E. Discussion regarding City Council Retreat. F. Discussion regarding Establishing a Community Foundation. G. Discussion of Agenda Items. REGULAR SESSION {Open to the Public) Councilmember Garcia arrived at the start of the regular session. CM04252000 Page 1 of 8 3. Invocation. The Reverend Wayne MacDonald of Metrocrest Community Church led those present in the Invocation. 4. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 5. Presentation of scholarships by the Community Credit Union. Presentation: Matt Hall of Community Credit Union presented scholarships to James Borowy and Vera Makarov. 6. Presentation of Coppell Police Department Meritorious Conduct Award to Offcer Curt~!i SheIron; Police Commendation i!~Award to :Senior Dispatcher Patsy Smith; and Police Commendation Awardi !ito Corporal Tony Pletcher by Mayor Candy Sheehan. Presentation: Mayor Sheehan and Police Chief Roy Osborne presented awards to Patsy Smith, Tony Pletcher and Curtis Shelton. 7. PROCLAMATIONS: A. Consider approval of a proclamation proclaiming May 15, 2000 as "Peace Officers' Memorial Day's, providing City Council support and authorizing the Mayor to sign. B. Consider approval of a Proclamation recognizing the Coppell Amateur Radio Operators {RACES) for their significant contributions to and vital roles in the City of Coppell, and authorizing the Mayor to sign. CM04252000 Page 2 of 8 C. Consider a proclamation commending the Coppell Community Garden on winning of an Honorable Mention award from the Volunteer Center of Dallas County, and authorizing the Mayor to sign. D. Consider approval of a Proclamation naming Wednesday, May 3, 2000 as "Carrollton-Farmers Branch ISD Reading Together, USA 2000 Celebration Day" in the City of Coppell, and authorizing the Mayor to sign. E. Consider approval of a Proclamation naming Wednesday, April 26 as "National Secretary's/Office Professional's Day," and authorizing the Mayor to sign. F. Consider approval of a proclamation naming the week of May 1-7 as "Municipal Clerks' Week," and authorizing the Mayor to sign. A. Mayor Sheehan read the Proclamation for the record and presented the same to Lori Walker, Victim's Assistance Coordinator and Chief Roy Osborne. Mayor Pro Tem ~nnell moved to approve a Proclamation naming May i:5, 2000 as Peace Officers' Memorial Day. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Stover, Wheeler and York voting in favor of the motion. B. Mayor Sheeha read the Proclamation for the record and presented the same to ~Dion Thomas and Fire Chief Bob Kruse. Mayor Pro Tem ~nnell imoved to approve a Proclamation recognizing the Coppell Amateur Radio Operators (RACES) for their significant contributions to and vital roles in the City of Coppell. Councilmember Wheeler seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Stover, Wheeler and York voting in favor of the motion. C. Mayor Sheehan read the Proclamation for the record. Mayor Pro Tem Tunnell moved to approve a Proclamation commending the Coppell Community Garden on winning an Honorable Mention award from the Volunteer Center of Dallas County. Councilmember Wheeler seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Stover, Wheeler and York voting in favor of the motion. CM04252000 Page 3 of 8 D. Mayor Sheehan read the Proclamation for the record and presented the same to Rachel Goldstein. Mayor Pro Tem Tunnell moved to approve a Proclamation naming Wednesday, May 3, 2000 as Carrollton-Farmers Branch ISD Reading Together, USA 2000 Celebration Day. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Stover, Wheeler and York voting in favor of the motion. t~. Mayor Sheehan read the Proclamation for the record and presented the same to Allana Lamberth. Mayor Pro Tom Tunnell moved to approve a Proclamation naming Wednesday, April 26, 2000 as National Secretary's/Office Professional's Day. Councilmember Wheeler seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, iPeters, Stover, Wheeler and York voting in favor of the motion. F. Mayor Sheehan read the Proclamation for the record and presented the same to Libby Ball, CiW Secretary. Mayor Pro Tom Tunnell moved to approve a Proclamation naming the week of May 1 - 7, 2000 as Municipal Clerks' Week. Councilmember Garcia seconded the motion; the motion c~ried 6-0 ~th Mayor Pro Tom Tunnell and Councilembers Garcia, Peters, Stover, Wheeler and York voting in ~favor! of the motion. 8. Quarterly presentation to Council by the Parks & Recreation Board. Presentation: Diana Rainesi Chairman of the Parks & Recreation Board, made the Board's quarterly presentation to the Council. 9. Overview of Citizen Police Academy Alumni Association by Tom Sawyer. Presentation: Tom Sawyer made a presentation to the Council. CM04252000 Page 4 of 8 10. Presentation by the Spiritual Assembly of the Baha' 'Is of Coppell, Texas. Presentation: Kevin Rafraf made a presentation to the Council. 11. Citizen's Appearances. There was no one signed up to speak under this item. 12. Consider approval of minutes: April 11, 2000. Action: Mayor Pro Tem Tunnell moved to approve the minutes of the April 11, 2000 meeting. Councilmember Garcia seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Stover, Wheeler and York voting in favor of the motion. 13. Consider and approval of a joint use agreement between the City of Coppell and the Episcopal Diocese of Dallas providing for a parking lot and park improvements to the Diocese property and funding of improvements utilizing a combination of Park Development Fees and future Park Bonds, and authorizing the City Manager to sign. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Mayor Pro Tem Tunnell moved to approve a joint use agreement between the City of Coppell and the Episcopal Diocese of Dallas providing for a parking lot and park improvements to the Diocese property and funding of improvements utilizing a combination of Park Development Fees and future Park Bonds, and authorizing the City Manager to sign. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers Garcia, Peters, Stover, Wheeler and York voting in favor of the motion. CM04252000 Page 5 of 8 14. Overview presentation of the City of Coppell's Emergency Management Plan. Included within this presentation will be roles and responsibilities of Elected Officials and various City departments. Bob Kruse, Fire Chief, made a presentation to the Council. 15. Necessary action resulting from Work Session. There was no action necessary under this item. 16. City Manager's Report. A. Update on Wagon Wheel and MacArthur Parks. B. New Chairperson for Metroplex Mayor's Association. C. TNRCC Update Regarding Water Resources and Air Quality. D. Update on City tag line. A. Jim Witt, Ci~ Manager, updated Council on the progress on Wagon Wheel!and MacArthur Parks. B. Jim Witt, City Manager, announced that Candy Sheehan, Mayor is the new Chairperson for the Metroplex Mayor's Association. C. Jim Wilt, CiW Manager, updated Council regarding the TNRCC meeting he attended on Water Resources and Air Quality. D. Jim Wilt, City!:iManager, updated Council on City tag line progress. 17. Mayor and Council Reports. A. Coppell Youth Leadership Graduation requested by Mayor Sheehan. B. Distinguished Art Series at the Coppell Arts Center requested by Mayor Sheehan. C. Easter Egg Hunt requested by Mayor Sheehan and Councilmember York. D. Arbor Day requested by Mayor Sheehan. E. Coppell Substance Abuse Commission requested by Mayor Sheehan. CM04252000 Page 6 of 8 F. Community Youth Walk for Wise Choices requested by Mayor Sheehan. G. Donation from Assistance League of Coppell to Coppell Police Department requested by Mayor Sheehan. H. EMS/Safety Fair requested by Mayor Sheehan. I. Technology Improvements in Council Chambers requested by Mayor Sheehan. J. Victims' Candlelight Vigil requested by Mayor Sheehan. K. Earth Day/Trash-off Day requested by Councilmember York. L. Community Credit Union Scholarships requested by Councilmember York. M. High School Athletic Programs requested by Councilmember York. N. Republican Candidate Forum requested by Councilmember York. A. Mayor Sheehan reported on the Coppell Youth Leadership Graduation. B. Mayor Sheeh~ commented on the Distinguished Art Series that was held! ati !~e Coppell Arts Center. C. Mayor Sheehan and Councilmember York reported on the success of the Easter Egg Hunt held at Andy Brown East Park. D. Mayor Sheeh~ invited everyone to attend the Arbor Day festivities, whichi~ll be held at :Town Center Friday, April 28, 2000. E. Mayor Sheehan invited everyone to attend the Coppell Substance Abuse Commission meeting Monday, May 1st at the Justice Center. F. Mayor Sheehan invited everyone to participate in the Community Youth Walk for Wise Choices that will be held May 4th 7:00 p.m. - 8:00 p.m. at Andy Brown East Park. G. Mayor Sheehan invited everyone to attend the presentation of the Assistance League of Coppell donation of three passive alcohol analyzers to the Coppell Police Department. This presentation will be held during the Community Youth Walk for Wise Choices. H. Mayor Sheehan invited everyone to attend the EMS/Safety Fair that will be held on May 21 st at the Town Center Fire Station. CM04252000 Page 7 of 8 I. Mayor Sheehan stated that she is glad to see the City is moving forward on the Technology Improvements to be made in the Council Chambers. J. Mayor Sheehan reported on the success of the recent Victim's Candlelight Vigil. K. Councilmember York reported on the success of the Earth Day/Trash-off Day. L. Councilmember York commented on the Community Credit Union scholarships and the outstanding students that attend Coppell schools. M. Councilmember York reported on the status of the High School Athletic Programs and the outstanding year they are having. N. Councilmember York thanked the Republic Club for hosting the Republican Candidate Forum and encouraged everyone to vote. 18. Necessary Action !Resulting~ from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor Libby Ball, City Secretary CM04252000 Page 8 of 8 AGENDA REQUEST FORM CITY COUNCIL MEETING: May 9, 2000 ITEM # ~ ITEM CAPTION: Consider approval of accepting the resignation of Frankie Greever from the Library Board. SUBMITTED BY: Libby Ball TITLE: City Secretry STAFF COMMENTS: BUDGET AMT $ ~X~ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIE CITY MANAGER REVIEW: Agentl~ Request Form - Revisea 2/99 Document Name: %libbrd.doc 319 Still Forest Ccppell, Texas 75019 April 25. 2000 Mr. Jim Witt City Manager PO Box 478 Coppell, Texas 75019 Dear Mr. Witt: Please accept my resignation from the Library Board, effective immediately. In reviewing my schedule for the coming months, I find that I have travel plans for the next three months which coincide with the regular Board meetings. My experience with the Library Board has been very positive and I shall continue to be interested in and supportive of all programs and services of our public library. Sincerely, Frankie Greever AGENDA REQUEST FORM Th~CRyV~hAB~sa6fssll~s~s~ CITY CO~C~ ~ET~G: May 9, 20~ ~EM ~ ~ ~EM C~TION: Comi~r ~e approv~ of ~ Or~ce re~ming a po~on of Haw~ Drive, ~om i~ no~ern ~te~on wi~ Cop~ Road, west m a po~t of i~ ~t~on sou~, ~ adj~ent m lo~ 10A ~o~ lot 16A, Bl~k 1 and ~B 7A ~ou~ Lot 12B, Bl~k 2 ~ ~pi~ed on E~bit "~' to ~ch~ ~ve, ~d au~o~ze ~e Mayor to si~. SUBMITtED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: APPROVAL Date of P&Z Meetirm: N/A Decision of P&Z Commition: N/A DIR. INITIALS: FIN. REVIEW: ~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: @DeemNC AN ORDINANCE OF ~ CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF ~ CITY OF COPPELL, TEXAS, RENAMING A PORTION OF HAWKEN DRIVE, FROM ITS NORTHY~RN INTERSECTION WITH COPPELL ROAD, WEST TO A POINT OF ITS INTERSECTION SOUTH, ADJACENT TO LOT 10A THROUGH LOT 16A, BLOCK 1 AND LOTS 7A THROUGH LOT 12 B, BLOCK 2, AS DEPICTED ON EXHIBIT "A" AITACHED HERETO AND INCORPORATE !~EREIN BY REFERENCE, TO ARCHER DRIVE, DIRECTING TIlE TRAFFIC ENGINEER TO CHANGE THE NAME OF SAID PORTION AND ERECT SIGNAGE REFLECTING THE SAME; PROVIDING A SEVERABH.1TY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. W!tEREAS, the Deer Run Subdivision has been platted with a single named, U-shaped road throughout said subdivision and has two points of intersection with Coppell Road, to wit: Hawken Drive; and, WHEREAS, such land currently being platted; and, WHEREAS, the land owner and developer seeks to develop said property and desires to change the name of such portion of the street in order to avoid confusion for permit purposes and for public safety reasons; and, WHEREAS, the City Council of the City has determined that it would be in the public interest to rename a portion of Hawken Drive, from its northern intersection with Coppert Road west to a point of its intersection south, adjacent to Lots 10A through Lot 16A, Block 1 and Lots 7A through Lot 12B, Block 2, as depicted on the final plat, Volume 2000068, Page 0001 which is attached hereto and incorporate herein by reference as Exhibit "A", to Archer Drive. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That the portion of Hawken Drive, from its northem intersection with Coppert Road west to a point of its intersection south, adjacent to Lots 10A through Lot 16& Block 1 and Lots 7A through Lot 12B, Block 2, as depicted on the final plat, Volume 2000068, Page 00001 which is attached hereto and incorporate herein by reference as Exhibit "A", is hereby renamed Archer Drive; and, that the City Engineer is directed to correct the maps and records of ] 33331 the City to reflect a change in said street name and to erect the appropriate signage in accordance with the ordinances and regulations of the City of Coppell, Texas. SECTION 2. That all provisions ofthe Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. This Ordinance shall take effect immediately from and after its passage the publication of its caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of Coppelt, Texas, this the day of APPROVF_.D: CANDY SI-IF, F,I-IA_N, MAYOR ATFEST: LIBBY BAIL, CITY SECRETARY AP'ZB~~/~_,ER, FORM: (l~cab 05/0~ CITY ATTORNEY 2 33331 AGENDA REQUEST FORM The City With A Beautiful Ful~re CITY COUNCIL MEETING: May 9, 2000 ITEM # ~ ITEM CAPTION: Consider approval of awarding bid Q-0200-05 for Cleaning a~d Related Sez~dces to Municipal 8u~ld~gsto AM-KO, Inc. in the amount of $142,488.00 as budgeted for a one year period beginning June 1, 2000. SUBMITrED BY: Sheri Moino TITLE: Facilities Manager STAFF COMMENTS: The scope of the City's .annual cleaning services contract increased this year due to the Aquatic/Recreation Center facility and the requirement of the custodial contractor to provide day staff during operating hours, 7 days a week. The cleaning of the new Animal Shelter was also added to the scope of services. This increase was budgeted in Facilities Management for fiscal year 1999-00. Bids were received from four bidders. The low bid was not considered based on previous poor performance record with the City of Coppell. The 2"d low bidder submitted a letter requesting to decline their bid due to a miscalculation of their submittal. The 3ra low bid is being recommended for approval. Staff met with AM-KO, Inc., reviewed the references, and would like to recommend award to this firm in the amount of $142,488.00 for a one year period beginning June 1, 2000. BUDGET AMT. $ AMT. EST. $ +\-BD $ FINANCIAL COMMENTS: Funds for this contract are part of the Facilities )tanagement budget, DIR. INITIALS: |t7 ' FIN. REVIEW'~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: #clean INTEROFFICE MEMORANDUM March 9, 2000 ~ TO: Sheri Moino Facilities Manager FROM: Jim Ragsdill Purchasing Agent SUBJECT: Request For Bid Q 0200-05 Cleaning and Related Services of Municipal Buildings Request For Bid Q 0200-05 for Cleaning and Related Services of Munidpal Buildings closed on Tuesday, March 7, 2000 at 10:00 A.M. Bids were mailed to 52 prospective bidders. On Tuesday, February 29, 2000 at 2:00 P.M., a Mandatory Pre-Bid Conference was held. There were (6) six bidders present at the Pre-Bid Conference. At the Pre-Bid Conference, I informed all those present to make certain they read all the terms and conditions and specifications pertaining to this bid. I mentioned they must provide (3) three references of other govemment entities they are currently servicing. On Page 14 of the bid specifications is a form the bidder must sign. The Contractor agrees by signing this form in compliance with the specifications of the bid. One Page 26, it clearly states the bidder must provide (3) three references of this type of service in the Metroplex area. They must also indicate the length of time in the contract cleaning business. They must also indicate whether they are a corporation, partnership or sole proprietorship. On Tuesday, March 7, at 10:00 A.M., bids were received from (4) four bidders. Attached is an abstract and copy of all bids received. If you have any questions or concerns, please call me at x3643. JR/bb Attachments:1. Copies of (4) six bids 2. Abstract of bids CITY OF COPPELL CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS BID NO. Q-0200-05 BID OPENED 10:00 A.M., TUESDAY, MARCH 7, 2000 S/Year American Housekeeping 119,714.40 James Enterprise 125,656.80 AM-KO, Inc. 142,488.00 3AMES-ENTERPRISE Fax: 642-4575 Mar 29 21:15 i :, 972 199-0021 FAX 972 -1010 Subject: Bid No. Q-0200-(}$ Purchasing Agent Cily of Coppell 255 Parkway Blvd. Coppell, Texas 75019 Ms Sheri Moino, Wc have choicen to decli~e the opportunity to except bid no. Q-0200-05 for Cleaning and related services of Municipal Building. Our decision is based on a mis- calculation on the scope of work that ~ would require doing this job successfully. Please do feel free to include us on your bidder list for future contracts. Dartell James MARCH 6, 2000 DATE: To: Purchasing Agent City of Coppell 255 Parkway Blvd. P.O. Box 478 Coppell, Texas 75019 In making the attached offer, the undersigned, as an independent Contractor, agrees to provide cleaning and related services according to the following attached specifications. SIGNATURE: CITY OF COPPELL * PURCHASING DEPARTMENT · 255 PARIG'VAY BOULEVARD · COPPELL, TEXAS 75019 LaHKLHNU L. UI"li'd~_KLIHL ha>( ;':J,',,~,_:'K¥%~Z"z,'zj l',la.r b 'LU lb: 1o h', U1 BIG NO. Q.(Y2,n,0-05 CLE. ANING AN[) RELATED ~RVICES Of M[J~'IIC~,PAL. BLJ!LD NGS BID NO.Q-020O-O~ INe. UI:EANCE: RE~UIREMF-N'T Af:FII3'AVIT TO 'BE COMPLETED BY APPIR, OPRIATI~ IN,SU RANGI~ AQ~NT I, ti'le kJ:laor~gr~e{'j 9genl,, Certlly thai i,~1~ inSurenet; requiremenl. s cgntaine,'l h'~ trl,~ I)iO c~oc~Jn~urtl. I~avo been re:viewed t~y e th the be idun~,ified bJdder. Jf the below icienlifie~ c'.Clder ,s owardea Itlls ~;<.~nh'ac~ ny ty Ca ell I wl' e able. withir~ mn (10) days 8ftP. r bi~:lder is nobTm-'~ oT ~t.~c.;tl awarn. i~" ,~.' "' ~ '" ' ' ' ' :1: .r:~: ~:C:~ ' ' ' ''''''~' Age~! (Sigr~itur.e) Agen~l'' ]:ND1:/~ PJ~BO~, I:N~Cg COIv~/LNnZ .......... Name- f~'i~isurangc~ Carner ~,O- SO:X 4~72421 GA2T,.,AND, '~X., i'5047 Address of Agency GLo, Z.,kND, 'Z'X:, ?5047 City/Sidle 9?2/840-0220 PhOne Number Where Agent May ~e COntacted AM:-KO lluildtnl Malntenagce, Bidd(~;'~ Name (Pr!nt or type) ......................... ,'IL,IBSCRIBED AND 8.WORN to be|ore rne lay the above named on Uric the ~.et, h .... c~y .... SHt!I[E'Y'JTHENNLICH ' : , Noklry I~bllc, SImile of ........................ '~'~D"~'i"O' 'AGENT; ......... If U~is tirne req~iremelnt i~; n<~l met, the City re&arras the righ4. to declare'~his bid~c~ n~r~-respons~bte and Ltwarct the aan~rnct I.c~ the t)ext IQw6s[ bipolar mt~etlng l, ne speciticat;on~. -I1' y¢~ have any concerning ~,hese reC~alrem0ntB, please contact tile Purchasln<J Agen! m (972) ~J04.3643. 698 P02 MAR 02 ~ 16:~3 UID NO Q-020[)-05 CLEANING AND RELATED SERVICES OF MUNIC;PA~ BID NO.Q~0200-05 INSURANCE REQUIREMENT AFFIDAVIT TO BE COMPLETED BY APPROPRIATE INSURANCE AGENI' I. tl~¢ ui~der.signed agent certify that the insurance requirements contained in this bid doculnenl nave t}ccm rcviowed by me with the below i(lentifiod bidder. If the below identified bidder is award~;d this contract by Cily of Coppel I will be able, within te, n (10) days after bidder is not;fled of such L'LW;:lr'd, meetu~9 P. on Cant Aget~l (Sicjnature) Agent (Pnnt} W'est. erD- T__ncle~ait~ ]:nsurance Cof~pan'y Name of insurance Carrier 84]_]_Preston I~.cl. DaLlas, texas 75225 Address of Agency Dallas, '~exas City/State (2]_4) 265-9020 Phone Number Where, Agenl May Be Contactec: Bldder's Name (Print or Type) 2r~c1 St. JBSCI~aIB~:Ec~ AND SWORN t.o j.~efnre me by th,a abov~l~tlE~, day of .. r ..... 2000 ' " . >Iz,,~.~, ~'~}KATHY M. PEARSON i fo7 ;~e ..... """': Cornre. Expire$ ~-a-2000 State of __ NOTE TO AGENT: If tt~ls tirf~8 requuement is not met, the City reserves the right to declare this bidder non-resi3onsible ~nd ~.~ward, lho contract ~o the r~ext lowest bidder meetir~g the specifications. If yo,,.: I~av~. concerning these requiremenls. please contact the Purchasing Agent at (972) 304-3643 ,r. ITY OF C.()PPFL1, , PURCHASING Df:PARTMFNT . 2~15 PARKWAY BOULEVARD · COPPEL._. TE×~'S 75.'3 1g CITY OF COPPELL, TEXAS STANDARD FORM PURCHASE CONTRACT CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARK~'AY BOULEVARD · COPPELL. TEXAS 75019 City of Coppell, Texas 255 Parkway Boulevard P.O. Box 478 Coppell, Texas 75019 This Agreement is made by and between the City of Coppell, Texas, a home-rule municipality (hereinafter referred to as the "Buyer") and the hereinafter named Seller, referred to as the "Seller," for the sale of the goods, materials and items specified hereinafter, and the Buyer and Seller hereby agree as follows: Seller: AM-KO BUILDING MAINTENANCE ,INC. [Name] PO BOX 815338 [Address] DALLAS, TX 75381-5338 [City, State, Zip] 972-z~06-8900 EFelephone] DESCRIPTION OF GOODS This Contract is for the purchase by the City of Coppell, Texas, of the goods, materials and items described hereinafter as the "Goods" or the subject of this Contract, and such parts, attachments, accessories, devices, and apparatus as may be considered an integral part of the Goods or necessary for the proper use or application of the Goods, whether or not specified herein. The Goods are more specifically described as follows: Description JANITORIAL SERVICES PER BID SPECIFICATIONS CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKSNAY BOULEVARD ° COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS [CHECK ONE:] XXX This Contract is a "fixed price - fixed quantity" Contract for the purchase of the specified quantity at the specified price. The full quantity of the Goods shall be delivered to and received at the designated point or points of delivery no later than the date specified hereinbelow. This date is a material term and condition of this Contract and, in connection with the delivery date, time is and shall be of the essence. UPON AWARD [Insert Date of Delivery] OR This Contract is for a specific duration wherein the Seller will supply, furnish and deliver at the designated point or points of delivery the specified Goods in the quantities requested by Buyer at the time of Buyer's order. The delivery date(s) shall be set forth in Buyer's order. This Contract is not intended to be and shall not be construed as an exclusive requirements contract. This Contract is non-exclusive and Buyer may acquire any or all of its requirements for the specified Goods from Seller or any other source deemed appropriate by Buyer. Upon the conclusion of the duration of this Contract, Buyer may renew this agreement for an additional period or periods equivalent to the primary duration upon sending written notice of intent thereof within thirty (30) days prior to the expiration of the last day of the term of this Contract. The failure to send the foregoing notice shall convert this agreement into a "fixed price - fixed quantity" contract as described above. DURATION: From to PAYMENT TERMS The purchase price of the Goods shall be that contained in the Seller's bid and specifically accepted in writing by Buyer. Seller shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indicate the purchase order number, and shall be itemized. A copy of the bill of lading should be attached to the invoice. Mail to City of Coppoll, Purchasing Department, 255 Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019. Payment shall not be due until the above instruments are submitted, until the Goods have been received by Buyer, and until Buyer has had sufficient opportunity to inspect and exercise its right to accept or reject. Seller shall keep the purchasing department advised of any changes in their remittance addresses. In no event shall Buyer be responsible for interest of any kind on any funds due to Seller, and no term or provision contained in any Seller's invoice shall in any way modify, vary or alter the provisions hereof. Buyer's obligation is payable solely from funds available for the purpose of the purchase. Lack of funds shall render this contract null and void and to the extent funds are not available, any delivered but unpaid for goods will be returned to Seller by Buyer. Do not include federal excise tax, state or city sales tax. The City shall furnish a tax exempt certificate if required. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKINAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS CONTRACT TERMS AND CONDITIONS This Contract is made and entered into between the parties hereto in accordance with and subject to the following additional terms and conditions: 1. SELLER TO PACKAGE GOODS: Seller will package Goods in accordance with good commercial practice. Each shipping container shall be clearly marked and permanently packed as follows: (a) Seller's name and address; (b) Consignee's name, address, and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the package slip. Seller shall bear cost of packing unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipment not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the Goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS: The title and risk of loss of the Goods shall not pass to the Buyer until the Buyer actually receives and takes possession of the Goods at the point or points of delivery. 4. DELIVERY TERMS AND TRANSPORTATION CHARGES: F.O.B. Destination Freight Prepaid unless delivery terms are specified otherwise in the bid; Seller shall pay for the transpodation costs. 5. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of Goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may seasonable notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 6. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order or in any other written designation by Buyer. The terms of this agreement are "no arrival, no sale." 7. RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods at delivery before accepting them. 8. REJECTION OF GOODS: It is agreed that if Buyer rejects any of the goods sold pursuant to this agreement, Buyer's only duty shall be to seasonably notify Seller of the rejection and hold the goods for the disposition of Seller, and it is agreed that under no circumstances shall Buyer be required to resell the rejected goods or incur the cost to deliver same to Seller. 9. GRATUITIES: The Buyer may, by written notice to the Seller, cancel this contract without liability to the Seller if it be determined by the Buyer that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of City of Coppell with view toward securing the contract or securing favorable treatment with respect to awarding or amending, or the making of any determination with respect to the performing of such a Contract. In the event this Contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled in addition to any other rights and remedies, to recover and withhold the amount of the cost incurred by the Seller in providing such gratuities. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARIGqAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS 10. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or any special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the properly of the Buyer and to the extent feasible shall be identified by the Seller as such. 11. WARRANTY - PRICE: a. The price to be paid by the Buyer shall be that contained in the Seller's bid which Seller warrants to be no higher than Seller's current prices on orders for products of the kind and specification covered by the agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative, Buyer may cancel this contract without liability for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of violation of this warranty, the Buyer shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 12. WARRANTY - PRODUCTS: Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. No such attempts to limit, disclaim or exclude any warranties, whether of fitness, merchantability or otherwise, by Seller shall be binding or effective. Seller warranties that the Goods furnished will conform to the specifications, drawings, and descriptions listed in the bid invitation and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. 13. SAFETY WARRANTY: Seller warrants the product sold to the Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event that the products do not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event that Seller fails to make the appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. 14. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. Buyer makes no warranty that the production of goods according to the specifications will not give rise such claim, and in no event shall Buyer be liable to Seller in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in writing or the like, within two weeks after the signing of this agreement. If Buyer does not receive notice and a claim is asserted or Buyer is subsequently held liable for the infringement or the like, Seller will indemnify, defend and save Buyer harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringements. CITYOF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS 15. YEAR 2000 COMPLIANT: The Goods shall in all respects be compatible with the year 2000 and shall not in any way require adjustment, revision, reconfiguration or modification upon the year 2000. Seller warrants that the Goods are fully year-2000 compliant. 16. CANCELLATION: Buyer shall have the right to cancel for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any remedies which Buyer may have at law or equity. The Buyer may for any reason whatsoever terminate performance under this Contract by the Seller for convenience at any time. The Buyer shall give notice of such termination to the Seller specifying when termination becomes effective. Goods received but unopened or unused shall be made available to Seller for delivery. Buyer will, in the event of termination, remit such sums to Seller as may be due only for those Goods retained by Buyer. 17. FORCE MAJEURE: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligation under the Agreement, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as is effected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereafter provided, but for no longer periods and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbance, act of public enemy, orders of any kind of government of the United States or State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirements that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlements of strikes and lockouts by exceeding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. 18. ASSIGNMENT - DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. An attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 19. MODIFICATIONS: This' contract can be modified or rescinded only in writing signed by both parties or their duly authorized agents. 20. WAIVER: No claim or right arising out of a breach in contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 21. INTERPRETATION - PAROLE EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS 22. APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 23. ADVERTISING: Seller shall not advertise or publish, without Buyer's prior written consent, the fact that Buyer has entered into this contract, except to the extent necessary to comply with prior requests for information from an authorized representative of federal, state or local government. 24. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 25. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer or employee shall have a financial interest, direct or indirect, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or services, except on behalf of the City as an officer or employee. Any knowing and willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall forfeit his office or position. Any violation of this section with the knowledge, express or implied, of the person or corporation contracting with the governing body of the City shall render the contract involved voidable by the City Manager or the City Council. 26. ENTIRE AGREEMENT: This Contract, and all Specifications and Addenda attached thereto, constitute the entire and exclusive agreement between the Buyer and Seller with reference to the Goods. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Buyer and Seller not expressly made a pad hereof. 27. INDEMNITY AND DISCLAIMER: BUYER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE INDEMNIFIED, HELD HARMLESS AND RELEASED BY SELLER FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE. OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE SELLER, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF SELLER UNDER THIS CONTRACT, INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF BUYER, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE BUYER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY EXTENDED BY SELLER TO INDEMNIFY AND PROTECT BUYER FROM THE CONSEQUENCES OF THE SELLER'S AS WELL AS THE BUYER'S NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE. 28. GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. Venue for any causes of action arising under the terms or provisions of this Contract or the Goods to be delivered hereunder shall be in the courts of Dallas County, Texas. CITY OF COPPELL · PURCHASING DEPARTMENT * 255 PARK1NAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS 29. SUCCESSORS AND ASSIGNS: The Buyer and Seller bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Seller shall not assign this Contract without written consent of the Buyer. 30. SEVERABILITY: The provisions of this Contract are herein declared to be severable; in the event that any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the remaining terms, provisions and pads, and this Contract shall be read as if the invalid, void or unenforceable portion had not been included herein. 31. NOTICES: All notices required by this Contract shall be presumed received when deposited in the mail properly addressed to the other party at the address set forth herein or set forth in a written designation of change of address delivered to all padies. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXECUTED this 6th day of MARCH O0 SELLER: YOUNG Y00/VICE PRESIDENT (Type/Print Name and Title/Position) PO BO~I 815338 (Address) DALLAS, TX 75381-5338 (City, State, Zip) CITY OF COPPELL. PURCHASING DEPARTMENT · 255 PARKSNAY BOULEVARD · COPPELL, TEXAS 75019 GENERAL SPECIFICATIONS CLEANING AND RELATED SERVICES CITY OF COPPELL, TEXAS ALL BUILDINGS CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKSNAY BOULEVARD ° COPPELL, TEXAS 75019 BID NO. Q-0200o05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS REQUEST FOR BID OF CLEANING AND RELATED SERVICES CONTRACT PERIOD: The contract period is for twelve months from date of award of contract. All pricing is to remain firm during that period of time. The contract is renewable for additional four years on an annual basis, if mutually agreeable to both parties. CLEANING SUPPLIES AND EQUIPMENT: All cleaning supplies such as scouring powder, window cleaner, various cleaning solutions as well as mops, brooms, buffers, trash bag liners, etc. will be the responsibility of the successful bidder. REFERENCES: Bidder must provide three references of this type of service in the metroplex area. 1. Company Name :~.Cl.~ ,gee-, O.,'LJrC]Le,he./:l. LL -t" c>(2 Yecre,..rP_n(:Z cd. Individual to Contact Telephone Number 2. Company Name Individual to Contact Telephone Number 3. Company Name Individual to Contact Telephone Number Length of time in the contract cleaning business. Bidding company is a corporation, partnership, sole proprietorship.(Circle one) AWARD: The request for bid is for four locations and will be awarded to a single bidder. Only a stated monthly charge/annual charge will be considered in determining award. Alternate pricing proposals may require a bid to be rejected. PRE-BID CONFERENCE: Bidders must attend a mandatory pre-bid conference Town Center, 255 Parkway Boulevard, Coppell, Texas. Bids will be excepted only from those attending. 4 CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKVVAY BOULEVARD · COPPELL, TEXAS 75019 AM-KO Building Maintenance, INC. City of Coppell Bid NO. Q-0200-05 Cleaning and Related Services of Municipal Buildings The City of Sherman 400 N Rusk Sherman, TX 75090 Mr. Gary Miller 903-892-7285 100,000. sqft June 1998 to present University of Texas at Austin 2200 Cornal ST. Austin, TX 78722 Mr. Eric Stoutner 512-475-7165 350,000sq~. September 1995 to present Dallas MetroCare Services, INC. Multiple Locations 1380 Riverbend Dallas, TX 75247 Ms. Rolanda Williams 214-371 --6639 132,000.sqft September 1999 to present BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS PAYMENT: payments will be accomplished on a monthly basis with a check available on the first of the month for the previous months service provided invoicing is received before noon Wednesday preceding the last Friday of the month. PREVAILING WAGE RATE: $6,379 an hour HOLIDAYS: Holidays for City employees consists of New Years Day, Memorial Day, Independence Day, Labor Day, Martin Luther King, Jr. Bidhday, Thanksgiving (2 days) and Christmas (2 days). BONDING: All employees of the successful bidder are to be bonded in the amount of $10,000 and proof of such bonding will be required upon award. LIABILITY INSURANCE: Proof of professional liability insurance must be provided upon award. CANCELLATION: The City of Coppell reserves the right to cancel the contract for any reason upon thirty days written notice. PERSONNEL LIST OF EMPLOYEES: The contractor must provide a list of all employees that will be assigned to this project. The list must include all of the following information: Full Name Date of Birth Social Security Number Valid Drivers License Number This list must be provided prior to commencement of contract and must be current at all times. All employees of contractor working in City of Coppell facilities must wear a photo I.D. card at all times while performing duties on City property showing: Name of Firm Address and Phone Number of Firm Employees Current Photo Employee Name Background Check BACKGROUND CHECK: A background check will be done on all employees of the successful bidder that will be working in any of the City buildings. This background check will be done at the expense of the City of Coppell. Any employee of successful bidder that fails the background check will not be permitted to work in any City building, SUPERVISOR: The contractor shall assign not less than one (1) qualified supervisor to physically supervise the contractor's employees and to ensure adherence to the cleaning schedule. The supervisor shall be responsible for all keys assigned to unlock spaces and for the security of the building while they are performing their duties. The supervisor will make certain that all doors are securely locked before leaving each night. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKSrAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS The supervisor shall be responsible for the conduct and performance of the contractor employees and compliance with the following rules: Contractor employees appearing to be under the influence of alcohol or drugs shall not be permitted in the building. No loud or boisterous conduct will be permitted. Contractor employees will not open desk drawers or cabinets at any time. Contractor employees are not to use or tamper with any office machines, equipment, and City Employees' personal property at any time. Contractor employees are not to use City telephones at any time. Contractor employees are not allowed to smoke in City buildings. Contractor employees must be able to speak and understand English fluently. JANITORS: The contractor shall employ a sufficient number of experienced janitors to adequately perform all the specified duties and services. They shall become familiar with the schedule of cleaning within their assigned areas. CONTRACTOR FURNISHED EQUIPMENT AND SUPPLIES: Equipment Space will be provided for all equipment supplied by the contractor, which remains on the job site during the life of the contract. The equipment must be maintained in good operating condition and in sufficient quantities to adequately perform all services and available to the contractor employees at all times. All equipment must by OSHA certified and/or meet all OSHA requirements. Supplies: All supplies furnished by the contractor shall be stored in the janitor closets located at each facility. and must be labeled in accordance with OSHA regulations. A penalty of $100.00 per occurrence will be deducted from the contract amount when violations of OSHA standards are noted. VENDING MACHINES IN RESTROOMS: All machines will be maintained by the successful bidder and all monies collected by the successful bidder. SPECIAL OR EMERGENCY CLEANING: When directed by the Facilities Manager by written or verbal order, to clean any area required for a special occasion or made necessary by an emergency or mishap, the contractor shall furnish all labor and supervision as required, to fulfill the order. PENALTY FOR NON-COMPLIANCE: Should the Contractor fail to perform the required general specifications, a $25.00 per occurrence penalty fee will be deducted from that month's payment, and a copy of the violation forwarded to the Contractor's Supervisor. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARIGNAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS CITY FACILITIES GENERAL SPECIFICATIONS SERVICES PERFORMED NIGHTLY (OR DAILY) 1. Empty, clean, and damp dust all waste receptacles and remove all waste and rubbish from the premises nightly; wash receptacles as necessary. Remove trash liners as needed to prevent odors, spills, or any offensive appearance. 2. Empty all desk side receptacles marked "RECYCLING" and dispose of contents at the outside bin marked "RECYCLE." 3. Empty all external ashtrays; screen sand all urns nightly and supply or replace sand as necessary and applicable. Sand to be used in ums to be supplied by contractor. 4. Vacuum all rugs and carpeted areas in office, lobbies, and corridors. 5. Dust and wipe clean with damp or treated cloth all office furniture, file cabinets, fixtures, windowsills, and other horizontal surfaces. 6. Remove all finger marks and smudges from all vertical surfaces, including doors, windows, flames, around light switches, entrance glass, and partitions. 7. Clean and polish all drinking fountains. 8. Sweep all uncarpeted floors and stairways, employing dust control techniques. 9. Damp mop spillage in office, corridors, public areas, and breakrooms. 10. Dust tops of picture frames, wall hangings, and other wall accessories. 11. Do not remove items on desks while cleaning. Do not unplug computers, typewriters, copy machines, or other electrical equipment. 12. Discard only the contents in the waste containers. No other items are to be thrown away without express instructions of the building occupants. 13. Occupant doors found locked upon arrival are to be locked after the area has been cleaned. 14. At no time is the Contractor to assist entry of anyone other than the Contractor's employees into the building. 15. Lights are to be turned off upon completion of cleaning unless the workspace is occupied. 16. Spot wash all glass, including doors and inside of interior glass windows. 17. Clean all breakroom tables and chairs, and wash tabletops. 18. Clean breakroom sinks daily and polish dry. (Do Not Wash Dishes Left In Sink!!) 19. Sweep exterior entrances to building and vacuum adjacent mats. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS SERVICES PERFORMED WEEKLY 1. Wet mop and spray buff all hard surface floors to a high gloss removing all black marks from flooring. 2. Clean all baseboards to remove and prevent cobwebs. 3. Clean and polish interior of elevator. 4. Clean marble top in Council Chamber. 5. Polish brass in Council Chamber and on main stairwell at Town Center. SERVICES PERFORMED MONTHLY 1. Clean vents and light fixtures to remove dust and prevent cobwebs. SERVICES PERFORMED QUARTERLY 1. Wash interior windows. 2. Thoroughly clean all entrances and adjacent glass both inside and out. 3. All non-carpeted floors are to be stripped, sealed and waxed. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 750'19 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS RESTROOMS SERVICES PERFORMED NIGHTLY 1. Sweep and mop all hard surface floors with an approved disinfectant. 2. Clean all mirrors, chrome, and stainless steel. Polish to a shine. 3. Wash and disinfect with ammonia disinfectant, all wash basins, urinals, and toilet bowls to remove stains and clean the underside of the rims on urinals and bowls including flush holes. 4. Wash both sides of toilet seats with ammonia disinfectant and wipe dry. 5. Damp wipe with ammonia disinfectant, all partitions, tile walls, and outside surfaces of all dispensers, including soap dishes and receptacles, to remove stains, streaks, watermarks and soil. Polish to a shine. 6. Empty and sanitize all receptacles and sanitary napkin disposal, thoroughly clean and wash with ammonia disinfectant at least once per week, replace liners. SERVICES PERFORMED WEEKLY 1. Clean piping, toilet seat hinges, and other metal. 2. Clean floor drain covers. 3. Thoroughly clean shower stalls with abrasive cleaner. SERVICES PERFORMED MONTHLY 1. Vacuum all ventilating grills, vents, and light fixtures to remove dust and prevent cobwebs. 2. Wax and buff all tile floors. 3. Flush all floor drains with disinfectant solution. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARk-3NAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT A CLEANING AND RELATED SERVICES TOWN CENTER 255 Parkway Boulevard Approximately 31,000 square feet CITY OF COPPELL * PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS A-1 EXTERIOR NIGHTLY: 1. Sweep the exterior concrete entrances on the nodh and south sides of building that are covered by the building overhang. A-2 GENERAL NIGHTLY: 1. Refer to General Specifications for All Buildings. 2. All cleaning in this facility should be beginning at 4:30 p.m. in Human Resources and after 5:00 p.m. Monday through Friday in all other areas. 3. Initiating cleaning in other areas of the building while night meetings are in progress is acceptable. Care should be taken not to disrupt these meetings. 4. All weekly cleaning specifications should be performed on Monday evening (before Tuesday night City Council Meetings). This includes all Council Chamber cleaning specifications!! 5. All offices are to be locked when cleaning is complete. 6. Any noted building maintenance emergencies during cleaning activities should be immediately reported to Police Dispatch. WEEKLY, MONTHLY, & QUARTERLY: 1. Refer to general specifications for All Buildings. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARK1NAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT B CLEANING AND RELATED SERVICES CITY OF COPPELL, TEXAS NORTH SERVICE CENTER 732 Deforest Road Approximately 2,500 square feet CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARIQNAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS GENERAL - B NIGHTLY: 1. Refer to General Specifications for All Buildings. 2. All cleaning in this facility should be performed after 5:00 p.m. Monday through Friday. Weekend cleaning can be scheduled by the successful bidder. 3. Door between offices and breakroom should be locked after cleaning. 4. Any noted building maintenance emergencies during cleaning activities should be immediately reported to Police Dispatch. Weekly, Monthly, & Quarterly: 1. Refer to general specifications for All Buildings. CITYOF COPPELL · PURCHASING DEPARTMENT · 255 PARKINAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT C CLEANING AND RELATED SERVICES CITY OF COPPELL, TEXAS FIRE ADMINISTRATION BUILDING 500 SOUTHWESTERN BOULEVARD Approximately 3,100 square feet CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKSNAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS C-1 EXTERIOR NIGHTLY: 1. Sweep the exterior concrete enhances on the north and south sides of building that are covered by the building overhang. C-2 GENERAL NIGHTLY: 1. Refer to General Specifications for All Buildings. 2. All cleaning in this facility should be performed after 5:00 p.m. Monday through Friday. Weekend cleaning can be scheduled by the successful bidder. 3. A security system is activated at this facility. The successful bidder will be responsible for deactivating it upon arrival, and ensuring it is reset prior to leaving the premises. 4. Any noted building maintenance emer.qencies during cleaning activities should be immediately reported to Police Dispatch. WEEKLY, MONTHLY, & QUARTERLY: 1. Refer to general specifications for All Buildings. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARK'VVAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT D CLEANING AND RELATED SERVICES CITY OF COPPELL, TEXAS LIBRARY 177 HEARTZ ROAD Approximately 28,000 square feet 4 CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARIG~/AY BOULEVARD · COPPELL, TEXAS 75O19 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS D-1 EXTERIOR NIGHTLY: 1. Sweep the exterior concrete entrances on the nodh and south sides of building that are covered by the building overhang. D-2 GENERAL NIGHTLY: 1. Refer to General Specifications for All Buildings. 2. All cleaning in this facility should be performed after 9:00 p.m. Monday through Saturday. 3. Initiating cleaning in other areas of the building while night meetings are in progress is acceptable. Care should be taken not to disrupt these meetings. 4. All weekly cleaning specifications should be performed on the weekend or Monday evening. 5. All offices are to be locked when cleaning is complete. 6. Any noted building maintenance emer.qencies during cleaning activities should be immediately reported to Police Dispatch. WEEKLY, MONTHLY, & QUARTERLY: 1. Refer to general specifications for All Buildings. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT E CLEANING AND RELATED SERVICES CITY OF COPPELL, TEXAS JUSTICE CENTER 130 TOWN CENTER BLVD. Approximately 21,000 square feet CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARk3NAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS E-1 EXTERIOR NIGHTLY: 1. Sweep the exterior concrete entrances on the front and rear entrances. E-2 GENERAL NIGHTLY: 1. Refer to General Specifications for All Buildings. 2. All cleaning in this facility should be performed prior between 2:30 p.m. to 4:30 p.m. Monday through Fdday, with the exception of Dispatch which is to be cleaned Monday - Saturday (6 days). 3. Check with Dispatch daily to see if jail cells need cleaned or are available to clean. 4. All offices are to be locked when cleaning is complete and the master key turned into Police Dispatch. 5. Any noted building maintenance emerqencies during cleaning activities should be immediately reported to Police Dispatch, WEEKLY, MONTHLY, & QUARTERLY: 1. Refer to general specifications for All Buildings. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARK,NAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT F CLEANING AND RELATED SERVICES CITY OF COPPELL, TEXAS SENIOR CITIZEN CENTER 616 S. COPPELL ROAD Approximately 2,000 square feet 4 CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARIGqAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS F-2 GENERAL NIGHTLY: 1. Refer to General Specifications for All Buildings. 2. All cleaning in this facility should be performed after 5:00 p.m. Mon/Wed/Fri. 3. Any noted building maintenance emergencies during cleaning activities should be immediately reported to Police Dispatch. WEEKLY, MONTHLY, & QUARTERLY: 1. Refer to general specifications for All Buildings. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKVVAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT G CLEANING AND RELATED SERVICES CITY OF COPPELL, TEXAS SENIOR CITIZEN CENTER 620 S. COPPELL ROAD CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKVVAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS G-2 GENERAL NIGHTLY: 1. Refer to General Specifications for All Buildings. 2. All cleaning in this facility should be performed after 5:00 p.m. once per week. 3. Any noted building maintenance emergencies during cleaning activities should be immediately reported to Police Dispatch. WEEKLY, MONTHLY, & QUARTERLY: 1. Refer to general specifications for All Buildings. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT H CLEANING AND RELATED SERVICES CITY OF COPPELL, TEXAS AQUATIC/RECREATION CENTER 234 Parkway BIrd Approximately 38,000 square feet CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS H - SPECIAL DETAIL DAILY ACTIVITIES: 1. The contractor will provide custodial personnel to be assigned daily work activities during operating business hours for this facility. Regular hours will be 7:00 a.m.- 11:00 p.m. daily. (Suggested shifts will be 7:00 a.m.- 3:00 p.m. and 3:00 p.m.- 11:00 p.m.)= 16 hours daily. 2. Personnel assigned to this facility must be able to communicate fluently in English with Recreation Center personnel. Thorough background checks will be performed on all custodial personnel assigned to this facility at the expense of the City of Coppell. 3. Personnel must be dressed in neat uniform at all times. Personnel arriving to work dressed inappropriately will be sent home and Cleaning Contractor notified immediately for replacement personnel. 4. Should replacement personnel or regular scheduled personnel not report to work as scheduled, the Cleaning Contractor will be notified in writing and a penalty of $100.00 per incident will be deducted from the monthly payment by the City. 5. All work assignments of the custodial personnel will be coordinated by the Recreation Center Supervisor or designee and will include (but not be limited to) the following duties: ,/Cleaning of restroom facilities v' Restocking of dispensers v' Removal of trash and/or recycling v' Vacuuming v' Sweeping/Mopping ,/Setting up tables/chairs and other equipment for special meetings or events ,/Washing windows v' Sweeping exterior entrances CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PAR'KINAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS H - SPECIAL DETAIL (Continued) 6. Daily custodial personnel will contact the Recreation Center Supervisor or designee before leaving the building to determine if all cleaning needs have been satisfactorily addressed within the scope of the contract. 7. Custodians will be instructed to notify center staff of any building irregularities noted, such as clogged drains, burnt out bulbs, etc. Weekly Meetings 1. Weekly meetings shall be held with the Recreation Center Supervisor or designee to discuss cleaning activities or upcoming events for which the contractor may need to be aware. * Schedules for daily custodial pemonnel are subject to change based on the use demand for this facility. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARIG'VAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS H-1 GENERAL NIGHTLY: 1. Refer to General Specifications for All Buildings. 2. All cleaning in this facility should be performed after 11:00 p.m. daily (7 days per week) 3. Dust mop gymnasium floor with dry dust mop, followed by damp mop using mild detergent. 4. Any noted building maintenance emergencies during cleaning activities should be immediately reported to Police Dispatch. WEEKLY, MONTHLY, & QUARTERLY: 1. Refer to general specifications for All Buildings. 2. Scrub gymnasium floor to remove heel marks, and other marks, using automatic scrubbing pads designed for floor material. This is to be performed weekly. RESTROOMS: 1. The contractor is responsible for supplying all sanitary napkins products and will service machines, collect monies for same. 4 C;TY OF COPPELL · PURCHASING DEPARTMENT · 255 PARK,NAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT I CLEANING AND RELATED SERVICES CITY OF COPPELL, TEXAS COPPELL ANIMAL SHELTER 821 S. COPPELL ROAD Approximately 4,100 square feet CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200~05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS !-1 EXTERIOR NIGHTLY: 1. Sweep exterior entrances and remove cigarette products from ashtrays. I-2 GENERAL NIGHTLY: 1. Refer to General Specifications for All Buildings. 2. All cleaning in this facility should be performed after 5:00 p.m. Mon. through Fri. 3. Any noted building maintenance emerqencies during cleaning activities should be immediately reported to Police Dispatch. WEEKLY, MONTHLY, & QUARTERLY: 1. Refer to general specifications for All Buildings. · NOTE: The cantractor is only responsible for cleaning lobby, offices, restrooms, breakroom · NOT RESONSIBLE FOR: Kennel or animal handling areas. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKINAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT 1 HOURS OF CLEANING FACILITY HOURS THAT CLEANING SHALL BE PERFORMED Town Center Monday through Friday (Admin. Offices) After 4:30 p.m. 255 Parkway Blvd. Before 3:00 a.m. Justice Center Monday through Friday 130 Town Center Blvd. After 2:30 p.m, Before 4:30 p.m. Justice Center Monday through Saturday Police Dispatch After 2:30 p.m. 130 Town Center Blvd. Before 4:30 p.m. Library Monday through Saturday 177 Heartz Blvd. After 9:00 p.m. Before 3:00 a.m. North Service Center Monday through Friday 732 Deforest Road After 5:00 p.m. Before 3:00 a.m. Fire Administration Monday through Friday 500 Southwestem Blvd. After 5:00 p.m. Before 3:00 a.m. Senior Citizens Center Monday, Wednesday, Friday 616 S. Coppell Rd. After 5:00 p.m. Before 3:00 a.m. Senior Citizens Center Once per week 620 S. Coppell Rd. After 5:00 p.m. Before 3:00 a.m. Aquatic/Recreation Center Sunday through Saturday (7 nights) 234 Parkway Blvd After 11:00 p.m. Before 3:00 a.m. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARIG'VAY BOULEVARD * COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS Coppell Animal Shelter Mon. through Friday 821 S. Coppell Road After 5:00 p.m. Before 3:00 a.m. HOLIDAY CLOSINGS The above facilities are closed and will not require cleaning on the following holidays (with exception of Aquatic/Recreation Center): New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Martin Luther King, Jr. Bidhday, Thanksgiving Friday, Christmas Day and either the day before or day after depending on where the holiday falls. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARK'INAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q~0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT 2 PRODUCT AND EQUIPMENT ACCEPTABILITY SUPPLIES AND MATERIALS The Contractor shall furnish all supplies, materials, and equipment necessary for the performance of work in this contract. Supplies and materials shall be of high quality and acceptable to the City. The Contractor shall be responsible for furnishing plastic trash bags used in collecting trash and plastic bag liners for trash cans as well as sanitary supplies for vending machines at Town Center and Aquatic/Recreation Center. The Contractor shall be responsible for replenishing supplies in all dispensers. The City will provide Toilet tissue, hand towels, and liquid soap in the designated storage space. The successful Contractor shall provide the Facility Manager with a list of the materials that will be provided on site. This information is to be furnished to the City within fourteen (14) days of notification of award. Material Safety Data Sheets shall be kept in all areas where materials and supplies are stored. EQUIPMENT All necessary cleaning equipment, including commercial type power driven floor scrubber, shampoo waxing, and polishing machines, vacuum cleaners, and all necessary vehicles required for the performance of the work in this contract shall be provided by the Contractor. MANDATORY EQUIPMENT NEEDS The following major equipment is needed at all buildings and must remain in the buildings. This equipment may be used by the City of Coppell personnel for emergency clean up du.ring the day. 1. Commercial upright vacuum cleaner 2. Mop/Mop Bucket 3. Push Broom/Dust Pan CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKSNAY BOULEVARD ° COPPELL, TEXAS 75019 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS EXHIBIT 3 QUALITY CONTROL REQUIREMENTS Services performed under this contract shall be subject to regular inspections by the City of Coppell representatives, This section outlines acceptable standards. FLOOR CLEANING Baseboards, walls, doors, furniture, and equipment shall not be splashed, disfigured, or damaged during cleaning. Proper precautions shall be taken to advise building occupants of wet and/or slippery floor conditions. All waxed surfaces must be maintained to provide safe anti-slip walking conditions. Sweeping: Floor shall be swept clean, free of dirt streaks and no did shall be left in corners, behind doors, on stair treads, or under furniture or equipment. Likewise, exterior entrances shall be swept clean of all dirt and trash. During sweeping operations, gum, tar, and other sticky substances shall be removed with a putty knife. In addition, spills and spots must be removed during the sweeping process. This operation shall be performed with a cotton mop that has been dampened with a neutral detergent solution. Damp or Wet Mopping: Floors shall be damp or wet mopped to remove dirt and stains that cannot be removed by sweeping. A cotton mop, mop bucket wringer, and a neutral detergent solution shall be used to remove the soil. Mops and buckets shall be cleaned after each use and kept odor free. Buckets shall not be stored with solutions left in them. Mopping solution shall be changed frequently to ensure floors are being properly cleaned. Furniture and other equipment shall be moved to mop underneath and replaced in its original position. Mopped water splashed on baseboards, doors, or fumiture shall be removed immediately. On completion of mopping operation there shall be no soil, litter, splash marks, streaks, swirls, or mop strands visible. The floor shall present an overall appearance of cleanliness. Spot Mopping: This operation shall include the removal of stains by spillage on small areas of floor surface, and when doors have been left open and rain, snow, or sleet has blown in, or other substances have been tracked in. Sweepinq: Sweep all floor surfaces thoroughly. Removal all gum and adhesive material. Spray Buffing: A buffing machine shall be used with a synthetic buffer pad attached thereto, and the surface shall be buffed only enough to harden the finish and bring the surface to desired luster. Woodwork, baseboards, and furniture shall not be scarred or discolored by the buffing equipment or the solution used. Spray buffing solution shall not be applied to floors near than six (6) inches to the baseboard or non-movable fixtures. Vacuuming of Carpet: Surface litter such as paper, gum, rubber bands, paper clips, etc. shall be picked up prior to vacuuming. A commercial heavy-duty upright carpet vacuum shall be used to remove obvious dust and soil from carpet. The carpeted floor, after vacuuming, shall be free of all visible litter and soil. In addition, movable furniture or equipment shall be tilted or moved to vacuum underneath or a portable vacuum with a crevice tool shall be used. In areas with permanent or stationary furniture and fixtures, a crevice tool shall be used to remove all diNdust from the edges of fixtures, etc. The carpeted floor after vacuuming shall be completely free of litter, soil, and embedded gdt. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKIVAY BOULEVARD · COPPELL, TEXAS 75019 BID NO. Q~0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS Cleaning Office Fumiture: Soil and dust shall be removed from office fumiture. Metal desks, file cabinets, chairs, table tops, etc., shall be dusted with clean wiping cloths and spots removed with sponge dampened in a neutral detergent solution. Vinyl covered furniture shall be cleaned with sponge or wiping cloth dampened in a neutral detergent solution. For hard to remove spots an approved cleaner shall be used. Wood furniture shall be dusted with treated dust cloths that have been sprayed with an approved polish and wiped to a shine with clean cloths. Regular Dustinq: All dust, lint, litter and dry soil shall be removed from horizontal surfaces and walls including office furniture, window sills, shelves, etc., but items on desk tops shall not be disturbed. Dusting shall be performed with clean dust cloths, and surfaces shall be dust free. Spot Cleaning: Smudges, finger prints, marks and streaks shall be removed from washable surfaces, without scarring or discoloring the finish, by use of a sponge, clean cloth and spray bottle of neutral detergent. Germicidal cleaner solution shall be used in restrooms, eating areas, and drinking fountains. Glass cleaner shall be used on mirrors and windows. After spot cleaning, the surfaces shall have a uniform appearance free of spots, streaks, and removable soil. Washing of Interior Glass: Smudges, oily film, dust and soil shall be removed from interior glass and mirrors by cleaning with glass cleaner solution, squeegee, and wiping cloths. Glass cleaner splash and ddp marks shall be removed from adjacent surfaces. Glass surfaces shall be rinsed of detergent residue. All necessary precautions shall be taken to assure that safety regulations prescribed by OSHA and the City"s representative are followed. Trash Removal: All wastebaskets shall be emptied and returned to their initial location. Boxes, cans, papers and other trash placed near a trash receptacle and marked "TRASH" shall be removed and emptied directly into a designated trash dumpster, receptacle or area. Soiled or tom plastic wastebasket liners shall be replaced. Sand in cigarette butt urns. shall be strained to remove all debris. The exterior of wastebaskets and trash containers shall be damp wiped with germicidal detergent solution from a spray bottle using a sponge or cloth. Entrance Mats: Carpet mats shall be vacuumed with commercial heavy-duty upright vacuum machine. Entrance mats of rubber or polyester shall be swept, shaken, vacuumed or washed. Entrance mats shall be lifted and soil and moisture underneath shall be removed. Elevators: Smudges, fingerprints, gum, marks and graffiti shall be removed from interior, exterior.surfaces and railings. Floors shall be cleaned in the same manner as other types of floor coverings as specified herein. Restrooms: (1) Germicidal: Using an approved germicidal, detergent solution, completely sanitize restroom; to include floors, walls to ceiling, partitions, doors, and fixtures. Other cleaning materials specified herein shall be in addition to the germicidal. (2) General: Schedule of clean restrooms shall include sweeping, mopping, and scrubbing as necessary of floors, cleaning of mirrors, cleaning of nickel and chrome hardware, cleaning of fixtures, walls, stall partitions, and shower stalls. Cleaning of commodes and urinals detailed in the following section. Sanitary receptacles in women's restrooms shall be cleaned and washed daily during cleaning schedule. Paper liners shall be inserted in these receptacles and replaced as necessary. Receptacles shall be emptied, liners folded, collected in separate containers, and disposed of with trash. Servicing and cleaning of restrooms during the building occupants' working hours shall be at intervals frequent enough to police and maintain an adequate supply of white toilet tissue, paper towels, hand soap, etc. (3) Fixtures: Commodes shall be cleaned daily to remove all rust and stains, inside and outside. Urinals shall be cleaned daily to remove rust, and stains in the same manner as commodes. Cleaning solutions shall be flushed through the traps to reduce accumulations of scale. Commodes shall be cleaned inside and out with one gallon bucket containing germicidal solution. 4 CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARKWAY BOULEVARD · COPPELL, TEXAS 75010 BID NO. Q-0200-05 CLEANING AND RELATED SERVICES OF MUNICIPAL BUILDINGS Exterior of paper towel cabinets, soap dispensers, and tissue dispensers shall be wiped cleaned and refilled. (4) Restroom, shower stall, and wall cleaning: Floors shall e cleaned with a mildew cleaner and sanitized with germicidal detergent cleaner and allowed to dry. In no instance shall a hose or stream of water be used to wash floor. Shower stalls shall be cleaned with a mildew cleaner to remove stains, rust, mildew, etc., and sanitized with a germicidal detergent solution. Walls, partitions, and woodwork shall be washed with germicidal detergent solution where wall surfaces are covered with a washable paint or vinyl covering. Cleaning of Drinking Fountains: Soil, streaks, smudges, etc., shall be removed by use of spray bottle, germicidal detergent solution, sponge, cloth. After cleaning, the fountain shall be free of stains, spots, smudges, and sanitized. Polishing Metals: Solid push plates, kick plates, name plates, and other metal fixtures shall be polished to present a bright, neat, clean shining appearance. Polishing shall be performed so as not to damage or scratch the finish. CITY OF COPPELL · PURCHASING DEPARTMENT · 255 PARK,NAY BOULEVARD o COPPELL, TEXAS 75019 ETING: May 9, 2OOO ITEM # _~ ITEM CAPTION: Consider approval of a Resolution amending the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code, and authorizing the Mayor to sign. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: As required by the Public Funds Investment Act, the Investment Policy must be reviewed. Staff has reviewed the policy and recommends the following changes: 1. Restructuring of Investment Committee to replace the Chairman of the Finance Committee with the City Manager. 2. Expanding the investment training to include the number of required hours and the sources from which the training can be obtained. 3. Adding additional requirements to the quarterly reporting and requiring that the portfolio be marked to market monthly. 4. Requiring that the quarterly reports be audited annually by the City's independent auditors. 5. Incorporating the wording of the Public Funds Investment Act in relation to investment pools and mutual funds. 6. Changing the depository requirement to five (5) years (the time period allowed by the Local Government Code). 7. Incorporating the wording of the Public Funds Investment Act in relation to authorized representatives. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS:~ DIR. INITIALSU~ FIN. REVIEWS~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: $invpol.doc A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING, AMENDING THE WRITTEN INVESTMENT POLICY OF THE CITY OF COPPELL AS PROVIDED BY THE PUBLIC FUNDS INVESTMENT ACT, CHAPTER 2256, TEXAS GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has heretofore adopted a written Investment Policy as required by Chapter 2256 of the Texas Government Code; and WHEREAS, it is necessary and in the public interest to amend the written policy to coincide with changes to the Public Funds Investment Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the written Investment Policy of the City of Coppell, heretofore adopted as Exhibit "A" to Resolution No. , is hereby amended as follows, to wit: 1. amending Section 1II thereof to restructure the Investment Committee to replace the Chairman of the Finance Committee with the City Manager and to expand the investment training to include the number of required hours and sources from which the training can be obtained; 2. amending Section IV by adding additional requirements to the quarterly reporting and requiring that the portfolio be marked to market monthly and requiting that the quarterly reports be audited annually by the City's independent auditors; 3. amending Section V to incorporate the wording of the Public Funds Investment Act in relation to investment pools and mutual funds; and 4. amending Section VI to change the depository requirement to five (5) years (the time period allowed by the Local Govemment Code) and incorporating the wording of the Public Funds Investment Act in relation to authorized representatives. SECTION 2. Republish and adopt subject to the amendments set forth in Exhibit "A" which is attached hereto and incorporated herein as if set forth in full. 1 33558 SECTION 3. That all provisions of the resolutions of the City of Coppell, Texas, in conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole. SECTION 5. That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPR~f: ROBERT E.'~tA'~, CITY ATTORNEY (REH/cdb 04/27/00) 2 33558 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 trust for 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 defme, adopt and review a formal investment strategy and policy. INVESTMENT STRATEGY The City of Coppell maintains portfolios which utilize 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 f'mal 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 which exceeds the debt service payment date. 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. These funds are 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 II. 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 remains the 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 which 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 be 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 polices. Public Trust 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 which 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, 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 attend at least one ten (10) hour training session from an independent source approved by the governing body relating to the officer' s responsibility under the Act within 12 months after assuming duties. Additionally, once every two years, ten (10) hours of instruction must be obtained from an independent source. 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.) · Government Treasurers Organization of Texas (G.T.O.T.) · University of North Texas - Center for Public Management · Texas Tech - Center for Professional Development 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 requires estimates and judgements by management. Accordingly, the Director of Finance shall establish a process for annual independent review by an external auditor 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 confu-mation for telephone (voice) transactions for investments and wire transfers. G. Development of a wire transfer agreement with the depository bank or third party custodian. Prudence 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. 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 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 f~e 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 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. Methods 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 an manner which 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. 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 which 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. I. 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. I. Authorized A. Obligations of the United States of America, its agencies and instrumentalities. 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. 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 fn'm, and having received a rating of not less than "A" or its equivalent. E. Certificates of Deposit of state and national banks domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance or its successor or secured by obligations described in A through D above, which are intended to include all direct agency or insmentality issued mortgage backed securities rated AAA by a nationally recognized rating agency and that have a market value of not less than the principal amount of the certificates. F. Fully collateralized repurchase agreements with a def'med termination date secured by obligations of the United States or its agencies and instrumentalities pledged with a third party, selected by the Director of Finance, other than an agency for the pledgor. Repurchase agreements must be purchased through a primary govermnent securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. G. Investment pools that have been authorized by the governing body by rule, ordinance, or resolution. The investment fund 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 15% of the City's entire portfolio. H. Noqoad money market mutual funds that are registered and regulated by the Securities and Exchange Commission, that has a dollar weighted average stated maturity of 90 days or fewer and includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. I. No-load mutual funds that are registered with the Securities and Exchange Commission, having an average weighted maturity of less than two years and is invested or secured in obligations described in A through D above. The fund must maintain an investment grade rating of AAA, or its equivalent by at least one nationally recognized rating fkrrn. The fund must conform to the requirements relating to the eligibility of investment pools. Investments in mutual funds shall be limited to 10 % of the City 's monthly fund balance, excluding bond proceeds and reserves and other funds held for debt service. 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 f'mal 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. 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 over- concentration of assets in a specific maturity sector, limitation of average maturity of operating funds investments to one year, and avoidance of over-concentration 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 selection of securities dealers as described herein. 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 depositories credit characteristics and fmancial 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. Authorized Representatives Investment officials shall not knowingly conduct business with any fkrrn with whom public entities have sustained losses on investments. All authorized representatives shall provide the City with references from Public entities which they are currently serving. All financial institutions and authorized representatives who desire to become qualified bidders for investment transactions must supply the following as appropriate: - audited f'mancial statements - proof of National Association of Securities Dealers (NASD) certification - proof of state registration - completed broker/dealer questionnaire - certification of having read the City's investment policy signed by an authorized representative of the organization - Acknowledgement that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the City and the organization The investment officers are precluded from purchasing an investment from a representative who has not delivered the written certification An annual review of the fmancial condition and registration of qualified bidders will be conducted by the Director of Finance. VII. SAFEKEEPING AND CUSTODY Insurance or Collateral All deposits and investmems 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 investmems 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. Repurchase agreemems shall be documemed by a specific agreement noting the collateral pledge in each agreemere. Collateral shall be reviewed monthly to assure that the market value of the pledged securities is adequate. Safekeeping Agreement Collateral pledged to secure deposits of the City shall be held by a safekeeping institution in accordance with a Safekeeping Agreement which 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 fn'm pledging the collateral. The safekeeping agreement shall include the signatures of authorized representatives of the City of Coppell, the fn-m pledging the collateral, and the Trustee. Collateral Defined The City of Coppell shall accept only the following securities as collateral: A. FDIC and FSLIC insurance coverage. B. A bond, certificate of indebtedness, or Treasury Note of the United States, or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States. 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 five (5) years or less. Subject to Audit All collateral shall be subject to inspection and audit by the Director of Finance or the City's independent auditors. Delivery vs. Paymere 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 Tmstee'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. VII. INVESTMENT POLICY ADOPTION The City of Coppell investment policy shall be adopted by resolution of 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. GLOSSARY of COMMON TREASURY TERMINOLOGY Agencies: Federal agency securities. Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying Ask: The price at which securities are and selling for his own account. offered. Debenture: A bond secured only by the Bid: The price offered for securities. general credit of the issuer. Broker: A broker brings buyers and sellers Delivery versus Payment: There are two together for a commission paid by the methods of delivery of securities: delivery initiator of the transaction or by both sides. versus payment and delivery versus receipt In the money market, brokers are active in Delivery versus payment is delivery of markets, in which banks buy and sell securities with an exchange of money for the money, and in interdealer markets. securities. Delivery versus receipt is delivery of securities with an exchange of a Certificate of Deposit (CD): A time signed receipt for the securities. deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are Discount Securities: Non-interest bearing typically negotiable. money market instruments that are issued at a discount and redeemed at maturity for full Collateral: Securities, evidence of deposit face value, such as U.S. Treasury bills. or other property that a borrower pledges to secure repayment of loan. Also refers to Diversification: Dividing investment funds securities pledged by a bank to secure among a variety of securities offering deposits of public monies. independent returns. Comprehensive Annual Financial Report Federal Credit Agencies: Agencies of the (CAFR): The official annual report for the Federal government set up to supply credit City of Coppell. It includes combined to various classes of institutions and statements and basic financial statements for individuals, such as Savings and Loans, each individual fund and account group small business f'ums, students, farmers, farm prepared in conformity with GAAP. It also cooperatives, and exporters. includes supporting schedules necessary to demonstrate compliance with finance-related Federal Deposit Insurance Corporation legal and contractual provisions, extensive (FDIC): A federal agency that insures bank introductory material, and a detailed deposits, currently up to $100,000 per Statistical Section. deposit. Coupon: The annual rate of interest that a Federal Funds Rate: The rate of interest at bond's issuer promises to pay the which Fed funds are traded. This rate is bondholder on the bond's face value currently set by the Federal Reserve through open-market operations. Federal Home Loan Banks (FHLB): The banks and commercial banks that are institutions that regulate and lend to savings members of the system. and loan associations. The Federal Home Loan Banks play a role analogous to that Government National Mortgage played by the Federal Reserve Banks vis-a- Association (GNMA or Ginnie Mae): vis member commercial banks. Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, Federal National Mortgage Association savings and loan associations, and other (FNMA): FNMA, like GNMA, was institutions. Security holder is protected by chartered under the Federal National full faith and credit of the U.S. Government. Mortgage Association Act in 1938. FNMA Ginnie Mae securities are backed by FHA, is a federal corporation working under the VA or FMHM mortgages. The term pass- auspices of the Department of Housing and throughs is often used to describe Ginnie Urban Development, H.U.D. It is the Maes. largest single prorider of residential mortgage funds in the United States. Fannie Liquidity: A liquid asset is one that can be Mac, as the corporation is called, is a private converted easily and rapidly into cash stockholder-owned corporation. The without a substantial loss of value. In the corporation's purchases include a variety of money market, a security is said to be liquid adjustable mortgages and second loans in if the spread between bid and asked prices is addition to fixed-rate mortgages. FNMA's narrow and reasonable size can be done at securities are also highly liquid and are those quotes. widely accepted. FNMA assumes and guarantees that all security holders will Market Value: The price at which a receive timely payment of principal and security is trading and could presumably be interest. purchased or sold. Federal Open Market Committee Master Repurchase Agreement: To (FOMC): Consists of seven members of the protect investors, many public investors will Federal Reserve Board and five of the request that repurchase agreements be twelve Federal Reserve Bank Presidents. preceded by a master repurchase agreement The President of the New York Federal between the investor and the financial Reserve Bank is a permanent member while institution or dealer. The master agreement the other Presidents serve on a rotating should clef'me the nature of the transaction, basis. The Committee periodically meets to identify the relationship between the parties, set Federal Reserve guidelines regarding establish normal practices regarding purchases and sales of Government ownership and custody of the collateral Securities in the open-market as a means of securities during the term of the investment, influencing the volume of bank credit and provide remedies in the case of default by money. either party and clarify issues of ownership. The master repurchase agreement protects Federal Reserve System: The central bank the investor by eliminating the uncertainty of of the United States created by Congress and ownership and hence, allowing investors to consisting of a seven member Board of liquidate collateral if a bank or dealer Governors in Washington, D.C., 12 regional defaults during the term of the agreement. Maturity: The date upon which the Rate of Return: The yield obtainable on a principal or stated value of an investment security based on its purchase price or its becomes due and payable. current market price. This may be the amortized yield to maturity. on a bond or the Money Market: The market in which current income return. short-term debt instruments (bills, commercial paper, bankers' acceptances) are Repurchase Agreement (RP of REPO): A issued and traded. holder of securities sells these securities to an investor with an agreement to repurchase Open Market Operations: Purchases and them at a fixed price on a fLxed date. The sales of government and certain other security "buyer" in effect lends the "seller" securities in the open market by the New money for the period of the agreement, and York Federal Reserve Bank as directed by their terms of the agreement are structured the FOMC in order to influence the volume to compensate him for this. 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. ty ETING: May 9, 2000 ITEM # __~__ ITEM CAPTION: Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas General Obligation Bonds, Series 2000 in the amount of $9,865,000.00, approving an Official Statement, authorizing the execution of a purchase contract, and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: These bonds are being issued to fund streets and drainage improvements and park development. BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: ~a\~ DIR. INITIALS:C~/~ FIN. REVIEW.~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: $GO2000.doc O0 0000 O0 0 O0 0000 O0 0  O0 0000 O0 0 O~ ~ ~00 ~ ~ 0 O0 00000 00000 O0 00000 00000 O0 00000 00000 0 O0 O0 000 0 O~ ~ ~0 ~0 ~ ~ 0 000 000 0000 000 000 000 000 000 0000 000 000 000 000 000 0000 000 000 000 (D ,C ,,--, ~v- ,C:l u o ~._ E w c/) w ~ o ?' E c .u o u c w o o 'E .o w '~ co '~ c w -.-' m c ~ ._~ c o "o 'F:: .o "-" o c .- 'F: ._o m 'E = = ~ co ou._ m :~ o._ o._ o'~ -,o u._ " rY · = o '5 e" ~ ~. .J · '5 n-~ · = '~ O' -- 0 0 vO ~ >"(D 0 = toO>, < ~ · >me o ~ ~ ~ (1) 0 i~1 C ~_ a. o .~ o o o 'a ~; ~ >'" >' = '~ m o o'o o, meo~me = = ~'~c-~ ._ C,> e · - .~ ~ o o '~'~'~" = ~'~ = '~ ='~ ~'6~'= = a-Q.~o q> ~= ...... ~ ~ e -ooe,-._o -- I.Un"O0 q~i. Ul:X:O oU.in~O uJO U, iiZ:O o~ m~wn'°w°~°~ rn rn 0 0 ,, o ~ ~ 0 0 0 0 ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF COPPELL, TEXAS GENERAL OBLIGATION BONDS, SERIES 2000, IN THE PRINCIPAL AMOUNT OF $9,865,000 AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT THE STATE OF TEXAS § COUNTIES OF DALLAS AND DENTON § CITY OF COPPELL § WHEREAS, the bonds hereinafier authorized were lawfully and favorably voted at an election held in the City on November 2, 1999; and WHEREAS, none of the bonds voted at said election has been authorized, issued or delivered: and WHEREAS, it is deemed necessary and advisable to authorize, issue, and deliver an installment or series of bonds; and WHEREAS, the bonds hereinafier authorized and designated are to be issued and delivered pursuant to Art. 1175, V.A.T.C.S., now known as Subchapter E of Chapter 51 of Local Government Code, Chapter 1331, Government Code; and WHEREAS, the meeting was open to the public and public notice of the time, place and purpose of said meeting was given pursuant to Chapter 551, Texas Govemment Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of COPPELL (the "Issuer") are hereby authorized to be issued and delivered in the aggregate princi- pal amount of $9,865,000 providing $3,785,000 for the purpose of constructing, improving and equipping permanent public improvements, to-wit: the City's streets, including but not limited to West Sandy Lake Road (Denton Tap Road to S.H. 121); East Sandy Lake Road (Kimbel Court to east city limits); Bethel Road I (Freeport Parkway to west city limits); Bethel Road II (Freeport Parkway to Denton Tap Road); Coppell Road (West Sandy Lake Road to Bethel Road); Creekview Road (Ruby Rd./State Rd. west along south edge of Wagon Wheel Park); and Freeport Parkway (Bethel Road to I.H. 635); $5,785,000 for the purpose of acquiring, constructing, equipping and improving permanent public improvements for the City's parks, including but not limited to MacArthur Park Development; Wagon Wheel Park Development (Phase 2); Andrew Brown park East multi-purpose fields; extension of Trail System in North Zone; construction of a new Senior Citizen Center; development of tennis courts; development of the Town Center Master Plan; and renovation of Grapevine Springs; and $295,000 for the purpose of acquiring, constructing and improving permanent public improvements for the City' s drainage, including but not limited to Kaye Street; Meadowcreek Road; Stream G-2; Stream G-6; Sandy Knoll/Shadowcrest; The Meadows Subdivision; Cottonwood Estates; and Hunterwood Park. Section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS GENERAL OBLIGATION BOND, SERIES 2000", and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in annual installments of principal (the "Initial Bond"), but the Initial Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial and annual maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term "Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. (a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated May 1, 2000, in the denomination and aggregate principal amount of $9,865,000, numbered R-l, payable in annual installments of principal to the initial registered owner thereof, to-wit: ., or to the registered assignee or assignees of said Bond or any portion or portions thereof(in each case, the "registered owner"), with the annual installments of principal of the Initial Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this Ordinance. (b) The Initial Bond (i) may be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Bond shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL BOND set forth in this Ordinance. Section 4. INTEREST. The unpaid principal balance of the Initial Bond shall bear interest from the date of the Initial Bond and will be calculated on the basis of a 360-day year of twelve 30- day months to the respective scheduled due dates, or to the respective dates of prepayment or redemption, of the installments of principal of the Initial Bond, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL BOND set forth in this Ordinance. Section 5. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows: FORM OF INITIAL BOND NO. R-1 $9,865,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF DALLAS AND DENTON CITY OF COPPELL, TEXAS GENERAL OBLIGATION BOND SERIES 2000 The CITY OF COPPELL, in Dallas and Denton Counties, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of NINE MILLION EIGHT HUNDRED SIXTY-FIVE THOUSAND DOLLARS in annual installments of principal due and payable on February 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule: YEAR AMOUNT YEAR AMOUNT 2001 $ 255 000 2011 $ 485 000 2002 275 000 2012 515 000 2003 295 000 2013 540 000 2004 315 000 2014 575 000 2005 335 000 2015 605000 2006 360 000 2016 640000 2007 385 000 2017 680.000 2008 410 000 2018 720,000 2009 435 000 2019 765,000 2010 460 000 2020 815,000 and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: 3 maturity 2001, __% maturity 2011, % maturity 2002, __% maturity 2012, % maturity 2003, __% maturity 2013, % maturity 2004, ~% maturity 2014, % maturity 2005, ~% maturity 2015, % maturity 2006, % maturity 2016, % maturity 2007, % maturity 2017, % maturity 2008, % maturity 2018, % maturity 2009, % maturity 2019, % maturity 2010, % maturity 2020, % with said interest being payable on August 1, 2000, and semiannually on each February 1 and August 1 thereafter while this Bond or any portion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Bond are payable to the registered owner hereof through the services of The Bank of New York, New York, New York, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check or draft, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described, or by such other method acceptable to the Paying Agent/Registrar requested by, and at the risk and expense of, the registered owner. The Issuer cove- nants with the registered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas, in the principal amount of $9,865,000, providing $3,785,000 for the purpose of 4 constructing, improving and equipping permanent public improvements, to-wit: the City's streets, including but not limited to West Sandy Lake Road (Denton Tap Road to S.H. 121); East Sandy Lake Road (Kimbel Court to east city limits); Bethel Road I (Freeport Parkway to west city limits); Bethel Road II (Freeport Parkway to Denton Tap Road); Coppell Road (West Sandy Lake Road to Bethel Road); Creekview Road (Ruby Rd./State Rd. west along south edge of Wagon Wheel Park); and Freeport Parkway (Bethel Road to I.H. 635); $5,785,000 for the purpose of acquiring, constructing, equipping and improving permanent public improvements for the City's parks, including but not limited to MacArthur Park Development; Wagon Wheel Park Development (Phase 2); Andrew Brown park East multi-purpose fields; extension of Trail System in North Zone; construction of a new Senior Citizen Center; development of tennis courts; development of the Town Center Master Plan; and renovation of Grapevine Springs; and $295,000 for the purpose of acquiring, constructing and improving permanent public improvements for the City's drainage, including but not limited to Kaye Street; Meadowcreek Road; Stream G-2; Stream G-6; Sandy Knoll/Shadowcrest; The Meadows Subdivision; Cottonwood Estates; and Hunterwood Park. ON AUGUST 1, 2008 or any date thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the Issuer shall select and designate the maturity, or maturities, and the amount that is to be redeemed, and if less than a whole maturity is to be called, the Issuer shall direct the Paying Agent/Registrar to call by lot (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the redemption price of the principal amount, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay- ment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice ofprepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms 5 and conditions set forth in the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with 6 respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, and delivered pursuant to the laws of the State of Texas; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond and the Series of which it is a part have been performed, existed, and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorera taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest and principal come due, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged for such payment, within the limit prescribed by law. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the goveming body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be dated May 1, 2000. City Secretary Mayor (CITY SEAL) FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS. (a) Registration and Transfer. The Issuer shall keep or cause to be kept at the principal corporate trust office of The Bank of New York, New York, New York (the "Paying Agent/Registrar") books or records of the regis- tration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and regis- trations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the fight to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registration Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and de- 8 livered in conversion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral multiple of $ 5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the Initial Bond in the same manner as if the initial registered owner were the assignee thereof. If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portion of a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such trans- fer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) Ownership of Bonds. The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to 9 such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Bondholder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. (d) Conversion and Exchange or Replacement; Authentication. Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion thereof(other than the Initial Bond) is assigned and 10 transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described on the face of this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Paying Agent/Registrar Dated By Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the goveming body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execu- tion, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary 11 weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, convening, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Bonds or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE BOND set forth in this Ordinance. (f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance. (g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/ Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust 12 company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. (h) Book-Entry Only System. The Bonds issued in exchange for the Bonds initially issued to the purchaser specified herein shall be initially issued in the form of a separate single fully registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as nominee of Depository Trust Company of New York CDTC"), and except as provided in subsection (f) hereof, all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest on the Bonds. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Bondholder, as shown on the Registration Books, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than a Bondholder, as shown in the Registration Books of any amount with respect to principal of, premium, if any, or interest on, as the case may be, the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment of principal, premium, if any, and interest, as the case may be, with respect to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of, premium, if any, and interest on, or as the case may be, the Bonds to the extent of the sum or sums so paid. No person other than an owner, as shown in the Registration Books, shall receive a Bond certificate evidencing the obligation of the Issuer to make payments of principal, premium, if any, and interest, as the case may be, pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has 13 determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the registered owner at the close of business on the Record Date, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. (i) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that the Issuer or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the Issuer to DTC and that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer or the Paying Agent/Registrar shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Bondholders transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. (j) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on, or as the case may be, such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the representation letter of the Issuer to DTC. Section 7. FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. 14 FORM OF SUBSTITUTE BOND PRINCIPAL NO. AMOUNT UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF DALLAS AND DENTON CITY OF COPPELL, TEXAS GENERAL OBLIGATION BOND SERIES 2000 Date of Interest Rate Maturity Date Original Issue Cusip No. % May 1, 2000 ON THE MATURITY DATE specified above the CITY OF COPPELL, in Tarrant County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon from May 1, 2000 to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; with interest being payable on August 1,2000 and semiannually thereafter on each February 1 and August 1, except that if the date ofauthentication of this Bond is later than July 15, 2000, such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of The Bank of New York, New York, New York, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as 15 it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described, or by such other method acceptable to the Paying Agent/Registrar requested by, and the risk and expense of, the registered owner. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of an issue of Bonds initially dated May 1, 2000, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $9,865,000, providing $3,785,000 for the purpose of constructing, improving and equipping permanent public improvements, to-wit: the City's streets, including but not limited to West Sandy Lake Road (Denton Tap Road to S.H. 121); East Sandy Lake Road (Kimbel Court to east city limits); Bethel Road I (Freeport Parkway to west city limits); Bethel Road II (Freeport Parkway to Denton Tap Road); Coppell Road (West Sandy Lake Road to Bethel Road); Creekview Road (Ruby Rd./State Rd. west along south edge of Wagon Wheel Park); and Freeport Parkway (Bethel Road to I.H. 635); $5,785,000 for the purpose of acquiring, constructing, equipping and improving permanent public improvements for the City's parks, including but not limited to MacArthur Park Development; Wagon Wheel Park Development (Phase 2); Andrew Brown park East multi-purpose fields; extension of Trail System in North Zone; construction of a new Senior Citizen Center; development of tennis courts; development of the Town Center Master Plan; and renovation of Grapevine Springs; and $295,000 for the purpose of acquiring, constructing and improving permanent public improvements for the City's drainage, including but not limited to Kaye Street; Meadowcreek Road; Stream G-2; Stream G-6; Sandy Knoll/Shadowcrest; The Meadows Subdivision; Cottonwood Estates; and Hunterwood Park. ON AUGUST 1,2008, or any date thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the Issuer shall select and designate the maturity or maturities and the amount that is to be redeemed, and if less than a whole maturity is to be called, the Issuer shall direct the Paying Agent/Registrar to call by lot (provided that a portion of a Bond 16 may be redeemed only in an integral multiple of $5,000), at the redemption price of the principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 451h day prior to such redemption date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions thereof. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is mailed and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/- Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one 17 requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, and delivered pursuant to the laws of the State of Texas; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond and the Series of which it is a part have been performed, existed, and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest and principal come due, have been levied 18 and ordered to be levied against all taxable property in the Issuer, and have been pledged for such payment, within the limit prescribed by law. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. City Secretary Mayor FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Bond is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in the text of this Bond; and that this Bond has been issued in conversion or replacement of, or in exchange for, a bond, bonds, or a portion of a bond or bonds of a Series which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated The Bank of New York By Authorized Representative 19 ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to / / (Assignee's Social Security (prim or type Assignee's name or Taxpayer Identification Number and address, including zip code) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated Signature Guaranteed: NOTICE: This signature must be guaranteed by a member of the New York Stock Exchange or a commercial bank or trust company. Registered Owner NOTICE: This signature must correspond with the name of the Registered Owner appearing on the face of this Bond in every particular without alteration or enlargement or any change whatsoever. Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds, together with any premium received from the sale of the Bonds, shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount ofad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal matures (but never less than 2% of the original principal amount of the Bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Bonds or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of 20 the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 9. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment ( 1 ) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrange- ments have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Bonds that is made in conjunction with the payment arrangements specified in subsection 9(a)(i) or (ii) shall not be irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the Issuer expressly reserves the fight to call the Defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Bonds immediately following the making of the payment arrangements, and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Defeasance Securities, maturing in the amounts and times as herein- before set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be tamed over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Bonds may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection 9(a)(i) or (ii). All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Bonds, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. 21 (c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. (e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds by such random method as it deems fair and appropriate. Section 10. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. 22 (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authority for Issuing Replacement Bonds. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, now codified as Chapter 1201, Texas Government Code, this Section 10 of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for other Bonds. Section 11. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION; CUSIP NUMBERS; AND CONTINGENT INSURANCE PROVISION, IF OBTAINED. The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued hereunder and all necessary records and proceedings pertaining to the Initial Bond pending its delivery and its investigation, examination, and approval by the Attomey General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Bond. The approving legal opinion of the Issuer's bond counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Bond or any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. In addition, if bond insurance is obtained, the Bonds may bear an appropriate legend as provided by the Insurer. Section 12. COVENANTS REGARDING TAX EXEMPTION. The Issuer covenants to refrain from taking any action which would adversely affect, and to take any required action to ensure, the treatment of the Bonds as obligations described in Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any 23 "private business use," as defined in Section 141 (b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance, or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of Section 141 (b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in Subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of Section 141(b)(3) of the Code, to the govemmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of Section 141 (c) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of Section 141 (b) of the Code; (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of Section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in Section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with -- ( 1 ) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the Bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of Section 1.148-1 (b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of Section 148 of the Code (relating to arbitrage) and, to the extent applicable, Section 149(d) of the Code (relating to advance refundings); and 24 (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of Section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Eamings under Section 148(f) of the Code. The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under Section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under Section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor of the Issuer to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the bondholders. The Rebate Fund is established for the additional purpose of compliance with Section 148 of the Code. Section 13. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for the purposes described in Section 1 of this Ordinance (the "Project") on its books and records by allocating proceeds to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed. The foregoing notwithstanding, the Issuer shall not expend sale proceeds or investment earnings thereon more than 60 days after the earlier of (1) the fifth anniversary of the delivery of the Bonds, or (2) the date the Bonds are retired, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such expenditure will not adversely affect the tax-exempt status of the Bonds. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 14. DISPOSITION OF PROJECT. The Issuer covenants that the property constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt 25 by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally- recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 15. CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 2000, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 16 of this Ordinance, being the information described in Exhibit A. Any financial statements so to be provided shall be prepared in accordance with the accounting principles described in Exhibit A thereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and audited, if the Issuer Councils an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; 26 10. Release, substitution, or sale of property securing repayment of the Certificates of Obligation; and 11. Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection. (c) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes Bonds no longer to be outstanding. (ii) The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if( 1 ) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in 27 the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as bond counsel) determined that such amendment will not materially impair the interest of the holders and beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. (d) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. Section 16. SALE OF INITIAL BOND. The Initial Bond is hereby sold and shall be delivered to for cash for the par value thereof and accrued interest thereon to date of delivery plus a premium of $ (accrued interest to be deposited into the Interest and Sinking Fund). It is hereby officially found, determined, and declared that the Initial Bond has been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated May 1, 2000, prepared and distributed in connection with the sale of the Initial Bond. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the governing body of the Issuer, and their use in the offer and sale of the Bonds is hereby approved. It is further officially 28 found, determined, and declared that the statements and representations contained in said Official Notice of Sale and Official Statement are true and correct in all material respects, to the best knowledge and belief of the governing body of the Issuer. Section 17. INTEREST EARNINGS ON BOND PROCEEDS. The earnings derived from the investment of proceeds from the sale of the Bonds shall be used along with other Bonds proceeds as described in Section 1 hereof; provided that after completion of such project, if any of such interest eamings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that interest earnings on the Bonds proceeds which are required to be rebated to the United States of America pursuant to Section 13 hereof in order to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest eamings for the purpose of this Section. Section 18. APPROPRIATION. There is hereby appropriated for transfer into the Interest and Sinking Fund, from available funds of the Issuer, moneys sufficient to pay the interest coming due on the Bonds on August 1, 2000. Section 19. PUBLIC NOTICE. It is hereby officially found and determined that public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Govermnent Code, and no petition was received from the qualified electors of the Issuer protesting the issuance of such Bonds. 29 EXHIBIT A DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 16 of this Ordinance. I. Annual Financial Statements and Operating Data The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement and Tables referred to) below: Tables I through 6 and 8 through 14 and in Appendix B Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph 1 above. AGENDA REQUEST FORM The City With A Beautiful Future CITY COUNCIL MEETING: May 9, 2000 ITEM # J_7 ITEM CAPTION: Consider approval of Change Order #5 to the Sandy Lake Road Project #ST 93-02 for the extension of Sandy Lake Road through the MacArthur Blvd. intersection in the amount of $1,211,687.07 to Ed Bell Construction Company; and authorizing the Mayor to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Director of Engineering/Public Works STAFF COMMENTS: See attached memo. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: Funds for this contract are available from the 1999 Street CIP Bond Issue and Interest Earnings on the CIP funds. DIR. INITIALS: ~/'7 ' FIN. REVIEW: ~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: #0409001 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griff'm, P.E., Director of Engineering/Public Works ~ Date: May 9, 2000 RE: Consider approval of Change Order #5 to the Sandy Lake Road Project #ST 93-02 for the extension of Sandy Lake road through the MacArthur Blvd. intersection in the amount of $1,211,687.07 to Ed Bell Construction Company; and authorizing the Mayor to sign. Summary: Staff has always anticipated a large change order to this project; · This intersection was not initially included with the City's section of Sandy Lake Road because it was included with Dallas County's section which was approximately 9 to 12 months ahead of our design contract; and · It's better to work with one contractor on the entire project for resolution of any current or future issues. In 1993 the City began the process of selecting an engineering firm to design Sandy Lake Road from Denton Tap to MacArthur Blvd. In mid-1992, Dallas County had selected a firm to design Sandy Lake Road liom MacArthur Blvd. to the east city limits. Because the County project was initiated prior to our project, their project included the design and construction of the MacAahur/Sandy Lake intersection to approximately 300 feet west of MacArthur Blvd. That point is directly in front of the Kroger Food Store at the northwest coruer of MacArthur and Sandy Lake Road. It became apparent several years ago that our project would track ahead of the County project. This created a dilemma on the timetable to construct the MacAahur/Sandy Lake intersection. I made inquiries to Dallas County about the feasibility of breaking out the design of the MacArthur/Sandy Lake intersection and constructing it as a separate project to the overall County project. After numerous discussions, Dallas County agreed to breakout the design of the MacArthur/Sandy Lake intersection from 300 feet west of MacArthur Blvd. to approximately Kimbel Court. This allows the construction of the entire intersection with turn lanes in both directions. It also allows for the construction of improved traffic signals at the intersection so that we can better facilitate traffic movements in all directions through the intersection. The design was not complete and available at the time we bid the City's section of Sandy Lake Road. However, during the bidding process all perspective bidders were informed that there was a strong possibility that a major change order would "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" be forth coming at some time during the construction of the project that would involve the construction of the MacArthur/Sandy Lake intersection up to approximately Kimbel Court. In September 1999, the City received 95% complete plans from Dallas County on the improvements through the MacArthur/Sandy Lake intersection. Several options were available to the City. One was to totally complete the plans, generate a set of specifications and then put the project out to bid. This had several drawbacks: 1) The actual timing of the completion of the plans and specifications; and 2) Our current contractor is constructing water lines through the MacArthur intersection and with two contractors working specifically within the intersection there could be problems in the future with neither contractor taking responsibility if something failed within the intersection. A second option was to issue a change order to the Sandy Lake Road project. Therefore, we contacted the current contractor on the project, Ed Bell Construction, provided him a set of the 95% complete plans and asked for a quote on a change order to the project. Our thoughts on this process was that with one contractor working within the intersection there would be only one point of contact for any conflict or future problems. This makes for a much smoother operation. I had anticipated a large change order several years ago however, since that time construction prices have risen, plus the work involved with the entire change order is in a high volume intersection. This will create traffic control and constructability issues. There are over 20,000 vehicles a day on MacArthur and approximately 15,000 vehicles a day on Sandy Lake at this intersection. To maintain movement of traffic through the intersection, the contractor will need a minimum of four separate and distinct move-ins within the intersection and potentially six. This will allow the contractor to maintain at least one lane of traffic in all directions while working within the intersection. Needless to say, work within the MacArthur/Sandy Lake intersection will worsen an already overloaded intersection. If Council approves this change order, I have asked the contractor to direct as much activity within the MacArthur intersection as possible during the summer months. However, before the contractor can even make that commitment, there are other issues associated with the construction of Coppell's 30" water line and the lowering of the Dallas water line that need to be resolved. Staff recommends the award of Change Order #5 to Ed Bell Construction Company in the amount of $1,211,687.07 for the continuation of Sandy Lake from approximately 300 feet west of MacArthur to approximately Kimbel Court. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" CITY OF COPPELL CHANGE OR EXTRA WORK ORDER PROJECT: SANDY LAKE ROAD PROJECT # ST 93-02 CONTRACTOR: ED BELL CONSTRUCTION COMPANY OWNER: CITY OF COPPELL CHANGE ORDER: #5 DATE: 5/9/00 Item I Quantity Unit Description Unit Price Total Price # MacArthur Boulevard Intersection Improvements Item #, quantity, unit, description and prices listed on attached page. TOTAL Addition I ~ $1,211,687.07 TOTAL CHANGE ORDER #5 $1,211,687o07 Previous Contract Amount $8,729,122.30 Total Change Order #5 1,211,687.07 Revised Contract Amount $9,940,809.37 Net Increase in Contract Time of Completion 120 Days Revised Contract Time of Completion 1041 Days The contractor hereby accepts this contract adjustment as a f'mal and complete adjustment in full accord and satisfaction of all past and future liability originating under any clause in the Contract by reason for this revision to the Contract. Accepted by Owner Date Recommdnd~i by City Engineer Date Agreed to by Conti'actor Date Page I of 2 MACARTHUR BOULEVARD INTERSECTION IMPROVEMENTS ITEM DESCRIPTION UNIT QUANTITY PRICE EXTENSION I Mobilization LS 1.00 $226,000,00 $226,000.00 2 ROW Preparation LS 1.00 $60,000.00 $60,000.00 3 Field Office LS 1.00 $10,000.00 $10,000.00 4 Rem Concrete and HMAC SY 6,207.00 $4.00 $24,828,00 5 Rem Concrete Curb LF 1,267.00 $2.50 $3,167.50 6 Rem Headwall EA 4.00 $500.00 $2,000.00 7 Rem Existing RCP LF 426.00 $10.00 $4,260,00 8 Rein Guardrail LF 90.00 $10.00 $900.00 9 Rem Concrete Flumes LF 69.00 $50.00 $3,450.00 10 Rem Brick/Stone Wall LF 530.00 $10,00 $5,300.00 11 Rein Electrical Box EA 2,00 $200,00 $400.00 12 Rein Grate Inlet EA 1,00 $500.00 $500.00 13 Unclassi~ed Street Excavation CY 7,513.00 $3,00 $22,539.00 14 8" Limed Subgrade SY 9,502.00 $1,35 $12,827.70 15 Hydrated Lime TN 185.00 $85.00 $15,725.00 16 8" Concrete Pavement SY 6,449.00 $24,88 $160,451.12 17 6" Concrete Curb LF 3,202.00 $1.50 $4,803.00 18 2" TY D HMAC Transition SY 898.00 NO BID NO BID 19 6" HMAC Transition Pavement SY 931,00 $30,00 $27,930.00 20 6" TY D HMAC Curb LF 259.00 $15.00 $3,885,00 21 4" Concrete Sidewalk SY 298.00 $20.00 $5,960.00 22 Concrete Pavers SY 2,165.00 $58.00 $125,570,00 23 Concrete Driveways SY 356.00 $30.00 $10,680.00i 24 -IMAC Driveways SY 158.00 $50.00: $7,900,001 25 Concrete Header LF 100.00 $15.00 $1,500.00 26 Metal Beam Guardrail LF 75.00 $20,00 $1,500.00 27 Laydown Terminal EA 1.00 $1,100.00 $1,100.00 28 18" CL III RCP LF 436.00 $32.00 $13,952.00 29 ~21" CL III RCP LF 129.00 $35.00 $4,515.00 30 24" CL III RCP LF 232.00~ $41.00 $9,512.00 31 27" CL III RCP LF 138.00 $46.00 $6,348.00 32 33" CL III RCP LF 122.00 $60.00 $7,320.00 33 10" PVC Sewer LF 20.00 $48.00 $960.00 34 21" PVC Sewer LF 548.00 $140.00 $76,720.00 35 Recessed 6' Curb Inlet EA 2.00 $1,700.00 $3,400.00 36 Recessed 8' Curb Inlet EA 2.00 $2,000.00 $4,000.00 37 Recessed 10' Curb Inlet EA 1.00 $2,100.00 $2,100.00 38 Recessed 14' Curb Inlet EA 1.00 $3,000.00 $3,000.00 39 Standard 10" Curb Inlet EA 2.00 $2,100.00 $4,200.00 40 Standard Y Inlet (3 sides) EA 2.00 $2,200.00 $4,400.00 41 Standard 6' TY A Storm Drain Manhole EA 2.00 $2,000.00 $4,000.00 42 Standard Manhole Extra Depth (>6') EA 5.00 $150.00 $750.00 43 Standard Sanitary Sewer Manhole (6') EA 4.00 $1,500.00 $6,000.00 44 Sanitary Manhole Extra Depth (>6') EA 10.00 $150.00 $1,500.00 45 24" TY C Headwall EA 1.00 $2,000.00 $2,000.00 46 33" TY C Headwall EA 1.00 $2,500.00 $2,500.00: 47 Adjust Existing Sanitary Sewer Manhole EA 4.00 $850.00 $3,400.00 48 Adjust Exiisting Water Meter Valve Boxes EA 10.00 $120.00 $1,200.00 49 Traffic Signal Installation - MacArthur Blvd. LS 1.00 $210,000.00; $210,000.00 50 2" PVC Conduit (Direct Buried) LF 850.00 $3.50 $2,975.00 51 30'-0" Sq Painted Pole w/2-250 W HPS Fixtures &Foundation EA 4.00 NO BID NO BID 52 Temporary Roadway LS 1.00 $50,000.00 $50,000.00 53 4" Topsoil SY 3,669.00 $2.50 $9,172.50 54 Hydromulch SY 3,669.00 $1.25 $4,586.25 55 Storm Water Prevention Plan (SWPPP) LS 1.00 $12,500.00 $12,500.00 ;Pavement Markings LS 1.00 $17,500.00 $17,500.00 TOTAL $1,211,687.07 Page 2 of 2 J/ ffff L AGENDA REQUEST FORM The City With A Beautiful Future CITY COUNCIL MEETING: May 9, 2000 ITEM # J_8__ ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-183, Coppell High School, zoning change request from C and SF-12 (Commercial and Single-Family-12) to PD-C (Planned Development, Commercial), to allow a 6' high decorative metal screening fence with landscaping along the northern edge of the new parking lot, as well as incorporate the previously approved site plan allowing the construction of concession stands, a press box, additional seating at the existing football stadium, as well as a multipurpose building, tennis court, tennis center, storage facility and additional parking on property, to this planned development located at 185 W. Parkway Boulevard. SUBMITrED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (4-2) with Commissioners Nesbit, McGahey, Clark, and Halsey voting in favor. Commissioners Kittrell and Stewart opposed. Approval recommended, subject to the following conditions: 1) Incorporating into this Planned Development the spedal exceptions and variance granted by the Board of Adjustment as follows: Special Exceptions: (CONDITIONS MET) ,.,~,-,,;~.,-~,~-~t- ~ __,,:,11 ,~o ~11,-.,,, +h,~ ,.-,~,~ ,-,-,~,~ .,-.~,-,,,;-,-,=,,.~-,,,t- -,,,=,~ ~1.-,.-,t4-r,,,, ;.-.1~__.-11,,,~..,~1,-,,-,+,~.4 -,1.~,.-~,-, 'Variance: (CONDITION MET) 2) Requirement of a 6'-high brick wall as indicated on the Site Plan with hedges on the outside of the wall and buffer trees to be planted 40' on center on the inside of the wall. An irrigation system shall be provided to keep all landscaping in a healthy and growing state. Staff recommends approval. DIR. INITIALS: - FIN. REVIEW CITY MANAGER REVIEW: Agenda Request Form 2/99 Document Name: @PD183hs CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-183, Coppert High School P & Z HEARING DATE: February 17, 2000 (Originally heard December 16m, continued to February 17m) This case was re-continued to the April 20, 2000 public hearing at the request of the applicant C.C. HEARING DATE: March 14, 2000 May 9,2000 LOCATION: 185 W. Parkway Boulevard. SIZE OF AREA: Total Site Area: 63.54 acres Existing Campus: 49.78 acres New Site: 14.08 acres Proposed Additions: Multi-purpose building: 68, 117 sf Tennis center building: 2,360 sf Tennis center storage facility: 216 sf Stadium additions: 8,354 sf Includes 4,000 new seats, concession stands, press box and 731 new parking spaces CURRENT ZONING: C and SF-12 (Commercial and Single Family-12). REQUEST: PD-C (Planned Developmere, Commercial). APPLICANT: Developer: Engineer: Coppell ISD Glenn Engineering, Inc. 200 S. Denton Tap Road 100 Decker Court, Ste. 250 Coppell, TX 75019 Irving, TX 75062 (972) 471-1111 (972) 717-5 15 1 FAX: (972) 462-7599 FAX: (972) 719-4229 HISTORY: The original preliminary plat was considered by City Council on January 13, 1987. At the meeting, Council directed the applicant to work with staff to address unresolved issues. Major areas of concern were traffic access, water and sewer. Traffic studies and · variances requests were worked out with staff and the preliminary plat was approved on January 27, 1987 with conditions. (See Item # 4 attached letter dated January 28, 1987). The final plat was approved by City Council on September 8, 1987 with the following conditions: 1. That the building height be granted a variance to allow for a proposed height of structure to 52'. 2. That the variance on the lighting be approved with the use of a blinder to cut the sideways spillage of the light into adjoining property owners. 3. That the variance from the required 2,000 parking spaces be decreased to 1,250 spaces. 4. That 5 inches of concrete on a prepared sub-grade be allowed for the entire parking area with no gravel parking areas. 5. That as many trees as possible will be left on the west with a 6-foot chain link fence being constructed on the outside of the trees along the west property line. Dr. Melvin Gross, who was in the audience the night the preliminary plat was approved by Council, stated he would be willing to donate any property to the school that would be required to put his fence on the outside area of the trees, and this fence would also be constructed along the southern property line up to Oak Trail. The gate to this property would be considered to be for emergency traffic only and extra emphasis on shrubbery would be followed along the south property line from the chain link fence east to the school's eastern most property line. 6. That the fees be waived as requested and the City Manager enters into negotiations with the Coppell ISD for some "in-kind" training of City employees. The final plat was not submitted to the City for signatures within 6 months from the date of City Council approval. Therefore, the applicant was required to resubmit the fmal plat for Council consideration on June 13, 1989. The plat was approved on that date with the variances granted on September 8, 1987. City Council approved a site plan amendment to allow the construction of a band hall, principal's suite, dining/lecture hall, and 9m grade classroom wing on June 17, 1999. The following month, the Planning and Zoning Commission approved a site plan amendment to allow the construction of concession stands, a press box, additional seating at the existing football stadium, as well as a multi-purpose building, tennis court, tennis center, storage facility and additional parking subject to the Item # 4 Board of Adjustment granting a number of special exemptions and variances. On August 5, 1999, the Board of Adjustment granted the following special exemptions: 1) To allow the size of the new parking spaces to be 9-ft. by 18-ft. 2) To reduce the required parking spaces from 3,333 to 1,940. 3) To permit a single row of parking to contain more than 15 parking spaces without a planting island. 4) To approve 18 landscape islands with tree preservation to fulffil the 88 planting islands requirement, as well as allow the one tree requirement per planting island be planted along the northern edge of the proposed parking pavement. 5) To allow some parking islands to be under the minimum area of 150 sq. ft. and a minimum width of 9-ft. 6) To allow the four rows of parking by the tennis courts with handicap parking spaces to not have the planting islands at the northern end. As well as, the Board granted the following variance: 1) To authorize concrete planting islands, as opposed to landscape islands, at the end of each row of parking. The Board also denied the following variance: 1) To waive the 6-ft high screening requirement for a non- residential use adjacent to a single family residential district. And lastly, the applicant withdrew the following variance request: 1) To waive the 30-inch high hedge or berm requirement to screen parking spaces along the northern edge of the property. On August 10, 1999, the City Council approved an amending plat and site plan amendment with a number of conditions. On December 17, 1999, the Planning and Zoning Commission held the case under advisement to the January 20, 2000 meeting. The applicant subsequently requested that the case not be heard until the April Planning Commission meeting. TRANSPORTATION: Cowboy Drive is a 2-lane undivided collector street contained within 60' of right-of-way. SURROUNDING LAND USE & ZONING: North- Single family residential; "SF-12" Single Family-12 South- Single family residential; "SF-12, PD-SF-12 & PD-148" Single Family -12, Planned Development, Single Family-12 and Residential Planned Development , East - Single family residential; PD-129R, SF-9" Single Family-9 residential Item # 4 West - Single family residential; "SF-12" Single Family-12 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for public and institutional uses and the northern portion of the Italicproperty is shown to be in the floodplain. DISCUSSION: Note: Unbold text was the staff discussion presented to the Planning Commission on December 16, 1999. Bold text pertains to staff discussion for the February 17, 2000 Commission meeting. Italic text is most recent staff comments. The request for a planned development is to modify the 6- fi high masonry screening requirement for a non- residential use adjacent to a single family residential district and allow a 6'-high decorative metal screening fence with extensive landscaping along the northern and western edge of the new parking lot. In addition, the request is to incorporate the previously approved site plan allowing the construction of concession stands, a press box, additional seating at the existing football stadium, a multipurpose building, tennis courts, tennis center, storage facility and additional parking at the Coppell High School campus. According to the submitted exhibits, the 6 '-high decorative metal fence would be located 2' off back of the curb. Within the 2' between the back of the curb and the inside of the fence, a 30"-high hedge will be planted to screen the cars. Adjacent to the fence, the applicant is proposing to plant 85 Cedar Elm trees to visually screen both the cars and the new parking lot from adjacent single-family residences. The distances shown on the cross section of the 6'-high fence exhibit are as follows: 1) the distance from the tennis courts to the center line of the creek is 115', while the total distance from the edge of the tennis courts to the existing house north of the creek is 640'; 2) the distance from the fence adjacent to parking space//644 to the center line of the creek is 160', while the total distance from the fence to the existing house north of the creek is 352'; 3) the distance from the fence adjacent to parking space//585 to the center line of the creek is 132', while the total distance from the fence to the existing house north of the creek is 362'. The cross section also illustrates roughly a 4 to 1 slope rise from the creek to the proposed parking lot and tennis courts. Item//4 The applicant is of the opinion that the proposed living screen would maintain and enhance the present creek environment allowing for more of a natural look as well as serve as a "soft" visual barrier. A living screen would have less of an environmental impact on this particular site, as opposed to the "hard" edge created by a masonry wall. The proposed 6'-high metal fence on the school property is in keeping with the fences along the north side of the creek. Lastly, the applicant believes that a brick screening wall would be prone to graffiti. CISD representatives met with the Copperstone homeowners on January 20, 2000 to discuss various screening alternatives. Based on staff's conversations with the applicant the school district proposed the following screening alternatives: 1) Tree and Shrub Hedge: A Nellie R. Stevens hedge planted at 4' on center immediately north of the parking pavement with buffer trees planted at 20' on center on the north side of the hedge. 2) 6' Chainlink Fence: A 6'-high green vinyl coated chain link fence with green slats woven into the fence to a height of 3' from the ground and a double row of hedges and buffer trees planted at 20' on center on the north side of the fence and hedge. 3) 6' Decorative Metal or Wrought Iron Fence: A 6'- high decorative metal or wrought iron fence with double row of hedges and buffer trees planted at 20' on center on the north side of the fence and hedge. 4) 6' Chainlink Fence: A 6'-high chainlink fence with a single row of hedges with buffer trees planted at 20' on center on the north side of the hedge. 5) 6' Decorative Metal or Wrought Iron Fence: A 6'- high decorative metal or wrought iron fence with a single row of hedges with buffer trees planted at 20' on center. 6) 6' Brick Wall: A 6'-high brick wall with a single hedge on the inside of the wall with buffer trees planted every 40' on center. It is staff's understanding that CISD's first choice is Alternative #2 (Shown as Section "B" on the attached drawings), a 6'-high green vinyl coated chain link fence , with green slats woven into the fence, double row of hedges and buffer trees planted at 20' on center. CISD Item # 4 representatives also shared with the homeowners architectural renderings of a brick wall seen from the north side of the creek and another rendering of a chain-link fence with landscaping seen also from the creek. During the meeting, homeowners raised four primary concerns with regards to the type of screening treatments being proposed. These concerns were: 1) Noise generated from cars, buses and students; 2) Vehicle headlight penetration; 3) Aesthetics of the screening treatment; 4) Students cutting through the creek. According to Mr. Arlin Gaffner's letter dated February 1st (attached), the two primary homeowners concerns are noise and headlights emanating from the proposed parking lot. The homeowners are requesting additional discussions and consideration be given to alternatives that would eliminate headlight penetration and significantly reduce noise. Staff has been informed that the school district will be meeting with the Copperstone homeowners again on Monday, February 14, 2000 at 6:30 pm at the William. T. Cozby Library. It is staff understanding that the school district's position is that the chain link fence with slats woven into the fence and double row of hedges should eliminate the headlight penetration. With regards to the noise issue, no brick wall or other screening treatments can totally eliminate the noise element. Staff views the dialogue that has transpired between the school district and the homeowners to be very positive. We are disappointed that there are still some outstanding issues needing to be addressed. Staff hopes that a compromise will be reached at the February 14m meeting. Based on staff conversations with residents, it appears that the community would like to see a 6-foot brick wall. From an aesthetic perspective and if the citizens' wishes are to be followed, planning staff recommends softening the brick wall with a row of hedges planted on the outside of the wall and buffer trees be planted at 40' on center on the inside of the wall. RECOMMENDA~FION TO THE PLANNING AND ZONING COMMISSION: Item # 4 Planning staff recommends approval of this planned development request subject to the following conditions being met: 1) Incorporating the special exceptions and variance granted by the Board of Adjustment listed on page 3 of the staff report into this planned development. 2a) Require a 6'-high brick wall with hedges on the outside of the wall and buffer trees be planted 40' on center on the inside of the wall if the solid brick fence is recommended. OR 2b) If staff position is followed, a 6' decorative metal fence with double row of hedges (such as Nellie R. Stevens, and one on each side of the fence) and buffer trees 40' on center. 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) PD Site Plan 2) Cross Sections of Fence Alternatives CA" through "F") 3) Architectural Renderings of view from creek 4) Landscape Plan 5) Irrigation Plan 6) CISD letter of December 9, 1999 7) Kendrick letter of December 12, 1999 8) Gaffner letter of February 1, 2000 9) Coe letter of April 10, 2000 Item # 4 COPPELL INDEPENDENT SCHOOL DISTRICT 200 S. DENTON TAP ROAD · COPPELL, TEXAS 75019 · (972) 47l-111 l WILBURN O. ECHO[S, SUPERINTENDENT VONITA WHITE ASSISTANT SUPERINTENDENT December 9, 1999 .OMER a. taRRy, m ASSISTANT SUPERINTENDENT RALPH SEELEY ASSISTANT SUPERINTENDENT Dear Martel Resident: I am writing in an effort to provide information to you regarding a zoning request of Coppell Independent School District to accommodate the additions to the Coppell High School campus. The primary issue in this effort is in regard to the fence request along the North property line. It is our intent to be good neighbors wherever our schools are located and thus I would like to provide you with up-front, factual information regarding a solution other than a six foot wall fence. I certainly do recall the meeting before the Board of Adjustments in which some of you expressed your views regarding this matter, but I did not feel that Coppell Independent School District adequately explained our desire for a different fence solution. As I stated before, we do desire to be good neighbors to you, but feel for various reasons that a different type of fence is more desirable for this location. I also believe that the fence which we are proposing will address your concems regarding auto headlights during the night, "cutting through" the creek area by Coppell High School students leaving the parking lot to the North, and sound from the parking lot. Not only does our proposed solution address these matters, but I believe that it will be far more aesthetically pleasing and in keeping with the current environment along the creek behind your homes. We are proposing, as a part of our Planned Development Zoning requirement, that a six foot wrought iron fence be constructed along our North parking lot perimeter, with heavy landscaping, constituting a dense natural hedge along the fence. Our reasons for this request are as follows: · We believe that a more natural treatment of the perimeter of the parking lot minimizes any negative impact which our addition may have on your property. · We prefer a more natural treatment from our vantage point and believe that a brick fence presents an tinnatural visual barrier and an intrusion into the natural appearance of the area North of the parking lot. · We believe that the brick fence provides "artistic space" for "would-be" vandals or others seeking choice locations for graffiti on both sides of the fence. Martel Resident December 9, 1999 Page Two * With the proximity of the creek and flood plain, we believe that a wrought iron fence will maintain its original appearance far longer and will be fare more easily maintained. * A wrought iron or ornamental metal fence along the school side of the creek is in keeping with the same type fencing on the homeowner side of the creek. · The three survey sections done during the planning for this project indicated the distances from the specific houses are slightly in excess of 350 feet for two of the sections and in excess of 600 feet for the third. We believe that this distance, in conjunction with the hedge and other vegetation along the creek, will keep noise and light to a minimum. · We believe that the cost to our Coppell Independent School District taxpayer should be a consideration in this decision. The cost of the treatment which we are proposing is approximately $165,000 less than the cost of a brick fence. Af[er considering the above information, my conclusion is that the wrought iron fence with appropriate landscape screening is the more desirable of the two treatments being considered. Not only does it address the concerns voiced in the Board of Adjustments Hearing, but it does so in a more aesthetically pleasing manner, at a significantly reduced cost. I do respect your desire to maintain a quality environment for your home and your concerns regarding this construction project. However, I respectfully request that you consider the information contained in this letter. There are, in my office, survey and site plan documents which may certainly be available for viewing if you so desire. Please feel free to contact me if you have questions or comments regarding this information. Sincerely, Wilburn O. EchoIs, Jr., ~ Superintendent Coppell Independent School District co: Jim Wilt, City Manager Clay Phillips, Assistant City Manager Planning & Zoning Commission James K. Kendrick 331 Martel Lane Coppell, Texas 75019 (972) 304-8131 December 12, 1999 City of Coppell Planning & Zoning P.O. Box 478 Coppell, TX 75019 RE: Case No.: PD-183 Coppell High School C and SF-12 to PD-C Members of the Commission: I am in receipt of your letter in which you respectfully and graciously invited my comments as an impacted residential homeowner to a proposed zoning variance request. The requested variance, whereby Coppell High School will construct an iron fence in lieu of a masonry fence as required by former and existing code requirements along the northern edge of the property, directly impacts my adjacent property. I am also in receipt of a letter dated December 9 from William O. EchoIs, Jr. of the Coppell Independent Independent School District whereby Mr. EchoIs presented the District's view regarding the variance request. Unfortunately, business travel out o~' state prohibits me ~om attending the scheduled public hearing on December 16. I submit this letter in lieu of an opportunity to testify at that meeting. Please be advised that after reviewing all of the arguments as presented by Mr. EchoIs, I remain in full opposition to the requested variance. My position has not changed from the position I took as I testified before the Commission during its meeting earlier this year when this issue arose and, as I believed at the time, was resolved with the Commissions decision not to grant the variance. As a resident of Coppell, I am concerned that a resolved matter may be permitted to resurface within such a short time frame. This matter once again, and without merit, draws on the public resources for which we all support and rely on. My objections are based on the following which I urge you to consider individually and collectively in your decision to oppose the requested variance. 1. A masonry wall signi~cantly differentiates from an iron fence and trees as it provides significant, reliable sound insulation protection against traffic noises. This is the reason the code requirement was put into effect originally. This is also the reason that major streets (Parkway, MacArthur, Denton Tap, etc.), as a rule, are lined with masonry walls, not iron fences with shrubs. I believe I am entitled to the same degree City of Coppell Planning and Zoning Department - Variance Request Page 2 of quality and protection as all of the homeowners that live adjacent to these major streets. 2. A masonry wall is necessary to insulate surrounding residential properties in areas of high traffic and congestion. The Coppell High School parking lot is used Monday through Friday, from early morning hours to late in the evening. It is used during weekends and at night for sporting events. When not in use, it appears to be the testing ground for students to test their respective cars' ability to squeal tires and roar engines. May I submit to you the Coppell Itigh School parking lot is the single most eongested, most utilized, most traffic intense 1/2 square mile area in all of Coppell. This congestion includes all types of vehicles including delivery trucks, autos, school buses (local and non-local), and motor cycles. An iron fence is insufficient sound and property insulation. 3_. The High School proposes to suplement the iron fence with trees and shrubcry. Such living items are not permanent and subject to the care of the High School which already has a questionable reputation in this regard as discussed in the last meeting. A masonry_ fence will provide lasting protection to current and future homeowners subject to normal wear and tear, not constant maintainance which may or may not exist. 4_. As to a masonry wall being the target of vandals and graffiti artists, I concur, yet this is no different than any other wall which already exists on the High School campus. This argument is not sufficient. 5_. I am challenged to understand why the High School is so adamant in their demand for a variance if for nothing more than to save a relative small amount of money (when compared to the entire project). The requirement for a masonry wall has been in existence since prior to the inception of the High School expansion project. Perhaps they under budgeted? Perhaps they budgeted from the onset for a cheaper fence knowing that they could push the Planning and Zoning Commission into granting a variance? Or perhaps they opted to grant some other special feature in the construction project in the hopes of getting a variance? They have tried and failed. Now back again. Why so much effort? Why should I and my neighbors suffer the consequences of their negligence? I purchased my home at a substantial investment. I purchased by home with the understanding that Coppell was a good place to live and that my property values would maintain and grow with the protection of this "planned community". Now, within a short two years I find that my property may not be protected at the whim of the High School. Once again, I urge you to say no to this variance request, for me, for my neighbors, for Coppell. Thank you for your time and consideration. es K. Kendr!ck hb~--~J'Z~ i1:55 COPPELL ISD 992 462 9599 P.02/03 Arlin Gafrner 303 Manel Lane Coppell, TX 75019 (972)304-5526 February 1, 2000 Mr. Buddy Echols Superintendent Coppell Independent School District 200 South Denton Tap Road Coppell. TX 75109 RE: Request for Zoning Variance-Coppell High School Dear Mr. Echols, I am writing this letter at the request of Pat Campbell and on behalf of the residents of the Estates of Copperstone. Pat, who was appointed as the homeowner spokesman and liaison, has unfortunately been out of state much of the last two weeks due to the illness and subsequent death of his father. Accordingly, Pat asked me to update you on a recent meeting where residents received an update from the homeowners who artended the J'anuary 20t~ meeting with school district representatives. First, we want to thank you for th~ time that you and district contractors spent meeting with homeowners on the 20th. The drawings, elevations, etc. presented for various fencing alternatives were very helpful in our understanding of the project and your preferences. The information helped homeowners assess the impact on their respective property. As discussed with you, the homeowners have four primary concerns with the choice of fencing materials on the north border of the high school property. These concerns art: 1. Noise, primarily from autos, buses, etc. 2. Vehicle headlight penetration 3. Aesthetics 4. Fencing s,t'~cient to serve as a deterrent/barrier to students "cutting through the creek" It is our understanding that your current preference is to erect a six-foot high chain link fence bordered by approximate 30-inch tall shrubs on four-foot centers. While this alternative appears to address the aesthetic and cut through issues, neither this nor other similar alternatives presented, incIuding decorative metal fencing adequately addresses the two primary_ homeowner concerOs..., i.e. noise and headlights from the parking lot immediately adjacent to the fence. FEB-03-2000 11:56 COPPELL ISD 9?2 462 ?599 P.03/03 Accordingly, we feel that further discussion is nccdcd and request that additional considcrafion be given to alternatives which would eliminatc headlight penetration and significantly reducc noise that will emanate from the high school parking lot. Thank you for your consideration. I apologize for the delay in getting back to you with the homeowner comments. In Pat's abscncc, I would be happy to discuss this issue and/or reconvcnc the homeowners for another mccting. I can be rcachcd at (214) 863-3006 (work) or (972) 304-5526 (home). Sincerely, Co: Copperstone HOA - Don Carter, Lisa Young, Tim Lassiter, Gary Josephson Copperstone Committee Richard McCaffrey, P&Z Pat Campbell Benjamin B. Coe 401 Manel Lane Cop ell, TX 75019 April 10, 2000 City of Coppell Planning & Zoning Department P.O. Box 478 Coppell, TX 75019 To Whom It May Concern: We moved to Texas in April of 1999. After looking at over sixty homes in the Southlake, Flower Mound, Coppell, and Lake Lewisville areas, we chose a home in Coppell. We were amazed that, in our search, developers seemed to do everything they could to eliminate trees and natural settings. Although our home was a little out of our price range, and bordered Coppell High School property, we decided to buy it because of the beautiful trees in the greenbelt behind us. Our concerns regarding the proximity of the high school to our property were mitigated by the fact that the greenbelt provided some separation. Our first fall in the house was traumatic. Four to five days a week we were blasted by, PA systems, lights, band practice, football practice, midnight "donuts" in the parking lot, car alarms, day & night construction, etc. We found it necessary, on Friday nights where there were home football games, to leave the house. This past summer, we found out that the area behind Cottonwood Creek would become a parking lot and tennis courts with all the vegetation removed. Farewell to the owls, herons, egrets, coyotes, and other critters who made their homes there. At the first community meeting, our neighborhood did not oppose the variances recommended for the parking lot, but asked that the brick wall remain. We were granted that motion. A little calm returned. We could do little for the wildlife, but at least we felt somewhat protected. At the next meeting, the school decided it would take a new approach and ask for rezoning. At that meeting, we were told that we should come up with a compromise. Great! After numerous neighborhood meetings and meetings with the school, the alternatives began to be less attractive. Our question became, "Why can't we have our brick wail, as it is currently zoned?" In the midst of the commotion over the new rezoning proposal, my wife and I discovered that we were expecting triplets. We wondered how our new infants were going to sleep through all the ruckus. Although a brick wall may not reduce that much noise, we felt that it would ensure some sense of privacy. At the very least, it would block some of the headlight glare from the parking lot. Now, as the vegetation has been stripped, and the level of the parking lot area raised, we are !eft virtually naked to the thousands of people who will be parking and utilizing this area. This is not acceptable! Headlights, gatherings, and day- to-day activity are not the kind of atmosphere we should be expected to endure. If I wanted to live in an urban area, I would have chosen a home in downtown Dallas! In addition, because the tennis court will be public, we feel that it is even more important that we have some shield from the general public's comings and goings. A "living fence" will be woefully inadequate for that purpose. The other proposed option, a metal fence with a thirty-inch hedge, will let trash blow through, be ineffective as a headlight screen and will not decrease the line of sight into our backyards. As construction quickly moves ahead, our worst fears are being realized. The once lovely creek has been turned into a cesspool. I am quite sure the EPA did not approve the check dams and drainage pipes that now occupy the creek. The construction is noisy and seemingly non-stop. Heavy equipment 200~ from your backyard, 12-14 hours a day, 7 days a week, is torture. The hardest thing to watch was the shovel mowing down mature trees that were along the creek. Lets put it this way, if I attend the Arbor Day celebration for Coppell, it will be to protest. To date we have no resolution on this issue. Does that mean that, once again, the school does what it wants, completes the project, and then leaves us to fight for whatever we can get? I picture a completed project with no fence, then sitting around for the next year or two as we wrangle with the High School over some acceptable solution. The High School claims that they want to be a good neighbor. They need to prove it! I have found nothing positive about being their neighbor. "Let the buyer beware" has new meaning for me now. There is little I can do to restrict the expansion and noise at the High School except to relocate my family. However, a simple brick fence would ease the fears and concerns of the neighborhood. It is currently zoned that way, approved, and requested by one hundred percent of the homeowners bordering the greenbelt and many who do not. I apologize if this letter is cynical. My first taste of city politics has been extremely aggravating. I would not have even bothered to write if I did not have a great appreciation for what the city could become and for the wonderful neighbors that surround us. Please do the right thing. The brick fence is the appropriate compromise to a number of sensitive problems. We do not think it is asking too much. Coppell, TX 75019 AGENDA REQUEST FORM The City With A Beautiful Future CITY COUNCIL MEETING: May 9, 2000 ITEM # __L~__ ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD~185, Coppell Industrial Addition, zoning change request from LI (Light Industrial) to PD-LI (Planned Development, Light Industrial), to allow a phased development of 2 office/warehouse facilities totaling 1,900,000 square feet of space on approximately 100 acres of property located along the north side of W. Bethel Road and 50' east of N. Royal Lane. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, Clark, Halsey and Stewart voting in favor. None opposed· Approval recommended, subject to the following conditions: 1) Prior to City Council consideration, a detailed elevation plan must be approved by staff which utilizes techniques, other than painting, to tone down the vast length of the structures, e.g., add comers, reveals, building landscaping and other architectural elements. · o,~,, ,- .... ;+~,4 ,,~+k;-- +h;o o, ....,4 n ...., .....* (CONDITION MET) sl~lage 3) All rooftop mechanical equipment shall be screened from view, subject to approval from the Fire Marshal. OCC',2p Cy, ,,,;,,; ..... r ,,_,, t~ ~ ....... ~ nnn ....... r,,,~+ an except ,+hat wr_-e,hcusLng pa~;,dng ~;~ be a ................ ~, or-,-,- F,-- ~, ....~, fio~v~e-(CONDITION MET) (CONDITION MET) 6) Compliance with DcparUnent Comments. A .,41 1 o onnn ;,,,,, Dn ,,,,,,,4;+; ......,4~,,,4 0;+,, ,,, ....,,_,4 ......, ...........-~-+,, (CON MET) Agenda Request Form - Revised 2/99 Document Name: @PD185ch CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-185, COPPELL INDUSTRIAL ADDITION P & Z HEARING DATE: April 20, 2000 C.C. HEARING DATE: May 9, 2000 LOCATION: Along the north side of W. Bethel Road, 50' east of No Royal Lane. SIZE OF AREA: Approximately 100 acres of property (actually 99.97 acres). CURRENT ZONING: LI (Light Industrial) REQUEST: PD-LI (Planned Development, Light Industrial) in two phases with Phase One being a 600,000 square foot building with a 350,000 foot expansion; Phase Two being a 900,000 square foot building. APPLICANT: Applicant: Architect: Champion Partners Meinhardt and Quintana James Stewart David Meinhardt 15601 Dallas Pkwy. 14900 Landmark Suite 100 Suite 650 Addison, TX. 75001 Dallas, TX. 75240 (972) 490-5600 (972) 980-8980 Fax: (972) 490-5599 HISTORY: There has been no recent development history on the subject property. TRANSPORTATION: Bethel Road at this location is projected to be a C4D, four-lane divided thoroughfare contained within a 90 to 110 foot right of way. Today it is a two-lane asphalt street, projected to be improved no sooner than the next three to five years. Item # 11 SURROUNDING LAND USE & ZONING: North- vacant, WagonWheel Park; LI Light Industrial South - postal distribution center; LI, Light Industrial East - vacant; LI, Light Industrial West -vacant, sun dial; LI, Light Industrial COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industrial and showroom uses. DISCUSSION: This is a very confusing case in that the applicant shows several parking schemes, is platting only a portion of the site yet proposing PD zoning over the entire parcel, suggests an addition to the first building leaving when that might occur open-ended. There are a number of inconsistencies between this proposal, the Comprehensive Zoning Ordinance, and staff observations that might warrant this case being reconsidered at a later date. That said, the proposed development for this 100 acres meets the use recommendation of the Comprehensive Master Plan, and we have no concern with the use. Rather, staff has directed its review to the physical aspects of the parcel. Of concern to us is the overall scale of this facility, its impact upon the area, the appearance of the finished product, signage, some questions regarding landscaping, and parking provisions. What we have proposed here are two very large buildings--one of 600,000 feet, expandable to 950,000, and a second of potentially another 900,000 square feet. Being so large, their presence on the landscape will certainly influence development potential for the surrounding properties. That being the case, the architect needs to take pains to design structures that offer elements de-emphasizing the shear size of this project. Breaking up the faqade of a building that is a minimum 1200 feet long (expandable to almost 1900 feet!) and at least 36 feet high should be required. For example, the provision of "edges" and corners along the fagade will visually shorten the length of the building. Providing additional landscaping against the building, adding berms (especially along the north- south axis), and introducing additional evergreen natural screening will assist in reducing the mass of these buildings. Additional setbacks off Bethel Road and Creekview Drive would also reduce the scale of these enormous structures. During deliberations with the architect he resisted these suggestions and mentioned that he planned to use a "paint scheme" (whatever that means) to de-emphasize the massiveness of these buildings. Although the applicant has shown a detention area to handle the drainage requirements as well as acting as a credit for his over-all landscaping requirement, we would point out that the detention area is on a separately platted lot which Item #11 would not normally be counted in determining overall landscaping requirements. Because this is a PD, it can be considered here, however. We have minor inconsistencies between the applicant's required landscaping figures and ours (we calculated approximately 660-690,000 square feet of required landscaping, the applicant indicated 641,000 square feet), but on a 100-acre site, the difference is not significant. Regarding the detention pond, carefully planned plantings are required here so that we do not end up with an unsightly, dry drainage bed in the sintuner months when rains are minimal. Extensive screening from the public right of way would assist in addressing this concern. Also, some discussion was held regarding whether detention (a pond which is wet only during rainy weather) or retention (a pond in the purest sense that's wet year round) ponds were most desirable, and cost became an issue for the developer. Signage for this zoning district allows a maximum size of 60 square feet. The applicant has indicated he needs larger signs because of the magnitude of the development, and is showing signage as great as 125 square feet. Staff feels the buildings themselves are going to more than adequately advertise this project, and signs larger than allowed by code are not warranted. The applicant is proposing a parking standard that does not meet our development requirements. He has included a number of examples of projects in other locations he feels justifies his request. Staff can not support this request, we have no assurance that the buildings will always be leased to the same users, and we have found through hindsight (the IBM center) that our industrial area seems to be requiring more parking, not less. Because of these concerns, it is difficult for staff to recommend this request, and it should be taken under advisement. If, however, the Planning Commission recommends approval, there are several conditions which must be addressed. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: We feel this case needs to be taken under advisement until all our concerns are adequately addressed. The applicant is reluctant to postpone the hearing. That being the case, staff can only support this request if the following conditions are met: -a technique other than painting be used to tone down the vast length of the structures, e.g., add corners, reveals, building landscaping, and other architectural elements -signage comply with the provisions of the Zoning Ordinance Item #11 -all roof-top mechanical equipment be screened from public view -Zoning Ordinance parking requirements be met -minimum required landscaping be met with ultimate parking in place -Departmental comments be complied with (Primarily Leisure Services and Engineering) ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisemere for reconsideration at a later date. ATTACHMENTS: 1) Zoning Exhibit 2) Architects Letter, Parking Analysis, Lighting, Signage, Colored Elevations 3) Site Plan and Elevations 4) Concept Planting and Irrigation Plans 5) Site Parking Plan 6) Fully Parked Phase I and II Concept Planting Plan 7) Departmental Comments (Planning, Leisure Services, Engineering) Item # 11 April 21, 2000 TO: Marcie Diamond, Assistant Planning Director FROM: Travis Crump, Deputy Fire Chief/Fire Marshal{5~__~ SUBJECT: Parapet Walls This memorandum is to follow up our conversation last night, April 20, 2000 concerning requiring parapet walls on the Champion project. Given the width of the buildings (approximately 500 feet), the peak of the buildings will be approximately six feet higher than the exterior walls. Both of these buildings will have an ESFR fire sprinkler system which requires a mechanical smoke/heat removal system. By code, these exhaust fans will be required to be placed on the roof of the building. On buildings this size, between 80 and 90 fans will be required. In order to screen these fans from public view as stated in your staff comments, a parapet wall would need to be over six feet tall along the full length of the building. This height presents a serious safety problem for firefighters. While the height would present access problems, the primary concern would be egress from the roof for fire fighters. The parapets, as required by Planning Staff, would prevent firefighters from safely exiting the roof, possibly trapping the firefighters on the roof. It is the Fire Departments recommendation that the wording of the staff comments be modified to state that "HVAC units shall be screened from public view on the North and South ends of the buildings". This re- wording will effectively screen the larger air conditioning units from view and still leave the sides of the structures open for safe access by the Fire Department. If you need additional information or would like to discuss this further, please contact me at extension 3503. Xc: Robert Kmse, Fire Chief City of Coppell Development Review Committee Comments Planning Department P.D.-185-LI COPPELL INDUSTRIAl, ADDITION (CHAMPION PARTNERS) North side of W. Bethel Road, East of N. Royal Lane 1. You may want to delay this case one month because of the number of concerns - we have with this submittal including: -a 1200 foot long industrial building (with possible expansion to 1900 feet) needs facade articulation to break up the mass of the building. -because of the size of these buildings and recognizing the Postal Facility. included additional setbacks from property lines, it would be prudent to consider greater landscape setbacks along Bethel Road. We suggest 50 feet with berms and extensive landscaping (Note: the Minyards facility has generated criticism for its minimal setbacks and landscaping along Bethel Road). Also consider additional landscaping and setbacks .along Creekview Drive (not Road). Sections of both Bethel Road and Creekview Drive landscaping proposals (width of landscaping, height of trees and building, berm, etc. ) needed -for public hearing purposes, exhibits will need to be reduced to 8 1/2 x · 11 size. Combine sheets L1-01,02,03 to one reduced exhibit; same with all other submittals. Try to get exhibits L1-01,02,03 on one 24;x36 sheet -Truck parking areas must be totally screened from public r.o.w., generally by solid masonry screening walls (see Section 33 of Zoning~ ordinance) -Zoning ordinance requires office parking at 1:300; warehousing at 1:1000. It is your responsibility to justify less stringent guidelines, which will be difficult to do -Clearly identify exhibit L1-03 (Perhaps L1.01 can show how it relates to L1-01,02,03) '- -Our initial calculations show required perimeter landscaping at 97,680 square feet. I do not see that figure on any of your submittals -Identify Building 1, Building 2, Phase I, Phase II, etc. on all exhibits; make sure landscape architectural/architectural drawings all use same notations throughout -Site area, building area, parking area calculations do not match--staff can not determine landscape requirements without consistent data~ -monument signs can not exceed 60 square feet j -your landscape calculations need to clearly show: 1- interior landscape required; 2- perimeter landscape required; 3-non-vehicular lands~pe required -all planting islands shall include at least one tree and contain shrubs, lawn, and ground cover -consideration should be given to retention vs. detention ponds because of landscaping proposal DRC Date: March 30, 2000 Planning & Zoning Commi.~sion Meeting: April 20, 2000 City Council Meeting: May 9, 2000 Note: A. Please revise plats, site plans, landscape plans, and building elevations based on staff recommendations. Should applicant disagree with staff comments please provide reasons why staff recommendations should not be followed when you attend the April 6th Development Review Committee (DRC) meeting. B. Each applicant will bring one new set of revised plats and plans to the April 6th DRC meeting. Applicants will be asked to show, explain and defend any revision. An Engineer for the project or other representative is urged to attend the meeting. C. Applicant will have till noon Tuesday, April 11m to resubmit eighteen (18) folded copies of revised plans and three (3) reduced paper copies (8 1/2 X 11) of each exhibit to the Planning Department DEVELOPMENT REVIEW COMMITTEE ENGINEERING COMMENTS' ITEM: PD-185, Coppell Industrial Addition, a zoning change request pom H (Light Industrial) to PD-LI (Planned Development, tight Industrial), to allow a phased development of 2 office/warehouse facilities totaling 1,900,000 square feet of space on approximately 100 acres of property located along the north side of }F. Bethel Road and 50' east of N. Royal Zane, at the request of Champion Partners. DRC DATE: March 30, 2000 and April 6, 2000 CONTACT: Mike Martin, P.E., Assistant City Engineer (972-304-3679) COMMENT STA TUS.' ~t, I~'r ri ~r17~ rAD v,/FINAL t, trvn'c~n 1. There is a concern about park traffic using the proposed main North-South drive as a cut- thru from Creekview to Bethel Road. APR 12 03/30/00 08:53 CITY OF COPPELL ~ 9?2 ;384 ?992 NO.BG? QO? III II DEVELOPMENT REVIEW COl LEIS!IRE SERVICES COMI$ ITEM: Coppell lndustrial Additton, Zoning Change R~ ~ DRC DATE: March 30, 2000 CONTACT: Brad Reid, Park Planning and Landscape Manager COMMENT STATIIS: PRELIMINARY:/ ~ Tht tree surve!! indicates 1,169' of protected trees will be removed as a result of development, with 0" preserve~L A landscaping credit o/585' will be allowed due to replanting of the sit~ Further reparation for 584" of removed trees is requital This amounts to a pa!/ment of $58,400 to be paid to the Coppell Reforestatton and Naturalization Fund. ,,,- DRCO3;~OOOf p. 02 RpR-lg-O0 ~4ED 03:54 P~ CHRI~PION pRRTNERS F~]{ NO. 972 386+0600 Ap~ ~9, 2000 APR I I 2000 Ms, Marcie Diamond Ass islant PI ann in g Director Via Facsimile 972-304-709:l City of Coppell 255 parkway Boulevard ~ Coppell, Texas 75019 Re; Champion Industrial Development eat Ms. Diamondl re' oct yesterday Jim Stewart Thank you agat~ ~ou have much to ptepar~ for . ' , we discussca a va~cW o~ tss nt in o~der to con6~ m~d the statements we specific items we discussed. as m~Y ~ccs ~ is reasonable and practical along the new . Champion c°~ts to Plantiyg . will relocate som~ of the ~ces from the Creekview Drive in order to improve ~6 appease6 of that ~a across ~om tention pond area to tB ! c , Champion will pl~t ~cs in ~e isl~ds locatcd in ~c t~lcr par~ing aro~, ~hc trcos will havc to bc located in an ~ea wi~in ~e island that will not subject them to damage ~om ~ailets, but should provide ~e visual ,,~elicr' ~at you desire. We will also plant trees in ~e unpaved areas of the t~ler couP, next to any car pa~king are~, if any, which might be located in ~at unpaved section- . While our plans currently reflect a 15' l~dseape buffet along C~eek~ew. Drive, we will, in fact, have a 30' l~dscape ~a ~om the prope~ line m the back of~e curb. APR-lg-O0 NED 03:54 PM CHAMPION PARTNERS FAX NO. 972 386+0600 P. 03 Ms. Mareie Diamond April 19, 2000 Page 2 · You indicated that one 120 to 125 SF landscape wall feature that could also serve, as a sign and which "straddles" the property line between our two sites would be acceptable to you. This will allow us to combine the 60 square foot sign limitation per building in the current ordinance and constnmt a park entrance sign that will be consistent with the high quality of the product we plan to develop on this site. · Regarding parking, we again want to state that we have taken great cam to ensure that parking can be provided on site in order to meet the 1:1,000 ratio called for in the ordinance and still meet the landscaping requirements. We have elected to go the PD route in order to provide the flexibility desired by large corporate users of this type of space. Plcasc bc advised that we are certainly prepared to provide parking in the 1'.1,000 ratio if we are able to lease this speculative project to a tenant that has that kind of requirement. We agree with you that the key to this will be in the final drafting of the approvcd PD and we commit to the city that we will work diligen~y with the staff in order to prepare a very workable, usable, understandable and practical document. If I have lcf~ out any major issue that we discussed on Tuesday, please let me know. I hope that you now have a better understanding of what we are trying to accomplish with our project. We acknowledge that it is complicated, but we believe that it is only complicatcd because we are trying to provide flexible product for the type of large, corporate users that the City of Coppcll would like to see locate here. Thank you again for your time, your assistance and your patience with us. Sincerely, SMG:cc .~IEINHARDT& qtJINTANA · \F~(/~ ![TE(:I~. I',~.~ '. Apdl 11, 2000 · TO: Mr. Gary Sieb Director of Planning & Community Services P.O. Box 478 Coppell, TX 75019 FROM: David Meinhardt The following is a request for the establishment of a Planned Development, known as a P.D. as described in Zoning Ordinance No. 91500, Section 27 on the northeast corner of Royal Lane and Bethel Road being 99.96 acres or a 4,354,627 S.F. currently zoned Light Industrial (L.I.) in the City of Coppell, Texas. Therefore, the establishment of the Planned Development as described herein shall vary from the City of Coppell Zoning Ordinance requirements. I. LANDSCAPE AREA The proposed Planned Development requests the inclusion of 301,337 S.F. (6.917 acres) referred to as "Detention & Landscape Easement' for the purposes of landscape area calculations in regards to the Non-Vehicular Open Space requirements per Zoning Ordinance No. 91500, Section 34, for the entire site as a whole, such that the Planned Development meets all perimeter landscape buffer requirements, meets all intedor parking lot landscape area requirements exclusive of areas noted as "possible future trailer stalls," as described below: A. PROPOSED LOT 1 Site Area 1,976,071 S.Fo Proposed Building Area 950,000 S.F. Total Area Exclusive of Building 1,026,071 S.F. 15% Open Space Required 153,910 S.F. 7.6% Open Space Provided 78,321 S.F. B. PROPOSED LOT 2 Site Area 2,296,902 S.F. Proposed Building Area 950,000 S.F. Total Area Exclusive of Building and Detention/Landscape Easement 1,045,565 S.F. 15% Open Space Required 156,834 S.F. 7.4% Open Space Provided 116,379 S.F. Mr. Gary Sieb Page Two Apdl 11, 2000 C. SUMMARY Total Open Space Required 310,744 S.F. 15% Total Open Space Provided 194,700 S.F. 9.7% Deficiency of: (116,044 S.F.) Detention/Landscape Easement Provision 275,979 S.F. (less perimeter buffers) Total Net Open Space Areas of: 470,679 S.F. The Detention Easement in conjunction with the total site area of Phase I and Phase II provides an additional 159,935 S.F. (3.67 acres) above and beyond the required non- vehicular Open Space Area as described in the City of Coppell Zoning Ordinance No. 91500, Section 34, such that all other requirements pertaining to street buffers, tree planrings, screening, tree mitigation, etc. shall be met with each subsequent development. II. PARKING REQUIREMENTS The parking ratios relative to specific uses for industrial warehouse/distribution facilities shall be as follows: Office areas: I space per 300 S.F. Assembly: 1 space per 400 S.F. Manufacturing: 1 space per 1,000 S.F. Warehousing: 1 space per 5,000 S.F. Please refer to the attached information outlining parking needs for similar facilities within the surrounding area. Supplemental Architectural and Landscape Plans have been provided for review which incorporate the City's required parking ratios and associated landscaping for a projected amount of office and warehouse square footage. In the event that a particular users parking needs exceed that provided within this Planned Development, the Developer/Owner agrees to provide the additional parking and associated landscaping on site. III. SIGNAGE: Due to the overall magnitude of the Project with approximately 2000 lineal feet of frontage on two parallel streets and the potential of 1.9 million square feet of building area, we would like to request the inclusion of one park identification monument sign located along the frontage of Bethel Road. The sign will be located 30' from the proposed future R.O.W. and will be developed in conjunction with landscape retaining walls along the common property line, dividing Phase I and Phase II. In concert with the common park sign, we would like to request the inclusion of two tenant identification signs fronting on Bethel Road and two tenant identification monument signs fronting on Creekview Ddve. The signs will be located 30' from the proposed street R.O.W.'s and no less than 75' from the adjoining east and west property lines. March 20, 2000 Dcvelopmcra Review Committee c/o Mr. Gaxy Sieb City of Coppell RE: Warehouse/Distribution Facilities Parking Requirements and Analysis The purpose of the analysis is actual parking utilization for typical warehouse/distribution uses as compared to municipal parking standards mandated by municipal requirements. Over the past decades, the operating procedures in warehouse/distribution facilities have been greatly influenced by advancements in the arena of material handling methods and equipment. Such progress has allowed users to increase operation ef~ciencies wt~le dramaticall.,,, reducing their warehouse persormel requirements. Material handling methods utilizing rolling ladders, hand trucks, and dollies has become outdated and has been replaced by today's use of high speed forklifts, computerized high bay pie-king apparatus, wire guided lifting platforms, basaloid compression lifts, computerized packing, cutting, and fulfillment equipment. The following is a list of warehouse/distribution compa'fies that validate our request to specificall5, reduce the warehouse parking ratio requiremerits: General Electric Co. (GE Appliances) 1011 Isuzu Park%vay Grand Prairie, TX 75050 972-623-4600 Contact: Jack Jones Facility Area: 470,000 square feet Office Area: 10,000 square feet Warehouse Area: 460,000 square feet Warehouse employees: 28 (vaxics +_10%) Warehouse area to warehouse employee parking ratio: I space per 16,400 square feet Retmblic Beverage I010 Isuzu Parkv,,ay Grand Prairie, TX 75060 972-595-6100, ext. 6715 Contact: Bob Gillespie Facility Area: 385,000 square feet Office Area: 55,000 square feet Warehouse Area: 330,000 square feet Warehouse employees: 38 Warehouse area to warehouse employee parking ratio: 1 space per 8,700 square feet Mohawk Industries - Southwest Division (Aladdin Carpet Distribution) 1035 Post & Paddock Grand Prairie, TX 75050 972-647-8233 Contact: Bob Hendon Facility Area: 202,000 square feet Shov,'roon-u'Of~ce Area: 9,000 square feet \Varehouse Area: 196,000 square feet \Varehouse employees: 35 \Varehouse area to v.'arehouse employee parking ratio: 1 space per 5,600 square feet Bugle Boy Industries, Irtc. 300 Eagle's Lading ParEraS, Stockbridge, GA 30281 805-582-5445 Contact: Barney Mow Facility Area: 434,837 square feet Office Area: 17,000 square feet Warehouse Area: 417,837 square feet \Varehouse employees: 90 Warehouse area to warehouse employee parking ratio: I space per 4,600 square feet Nestle Corporation 13600 Eagle Parkway South Fort Worth, TX 81%491-5500 Contact: Dave Baker/Carlos Del P,.io Facility Area: 524,252 square feet Office Area: 16,300 square feet Warehouse Area: 507,952 square fed Warehouse employees: 72 (various ±10%) Warehouse area to warehouse employee parking ratio I space per 7,050 square feet i:. ;: ~;'t:75 AM CHAMP[ON PARTNERS FAX NO. 972 388+0800 P. 04/04 Facilities Parking Requirements and Analysis Ma.cll Foys 15200 IHnily Blvd. Fort Wc, rth, Texas 817-354-4278 Contact- Wayne Bayhem Facility Area: 508,469 square feet Office ,\rca: 26,469 square feet (includes store) Vvarcht,use Ad'ea: 482,000 square feet Wateh,,use employees: I00 Vv :,, ,,i~, ,,~se area ~o warehouse employee paxking ratio: 1 space per 4,820 squm'e feet AJ ~ ,'.~. cd Distribulion 5(v! la~;lc's LaJ~ding Parkway St.ckbs idge, GA 30281 7';,~ -06g-7706 (?C, lllaCl Tommy Gibson I:~,:~1~1~ Area: 300,000 square feet Oltic,: '\tea: 2,200 square feet V, iarch~,use Area: 297,800 square feet Warehouse employees: 20 Warehouse area to warehouse employee parking ratio: 1 space per I5,000 squar~ feet ConA~ra Grocery Products (formerly Hunt-Wesson) 26 Engelhardt :" Cra.bu~y, NJ 085 ! 2 609-4(~0-9200 (?omact: George Mullins Facilitv Ad'ea: 324,540 square feet (}fflce Area: 20,540 square feet x.',,,,,l~, .dsc Adea: 304,000 square feet \\'d~,.l~,,use employees: 24 \V~t,vl,,-,use area to warehouse employee p-q,'king ratio: I space per 12,700 square feet /\~ }laq bccll demonstrated, the parking ratios for the warehouse areas of|hese projecls is I,u! ~ s~nall fi'action of thai curre.tly required to meet City standardg. 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Bethel Road and 50' east of N. Royal Lane. SUBMITrED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell Clark, Halsey and Stewart voting in favor. None opposed. Approval recommended, subject to the following conditions: ~ ~ 'Vh~ xr~,, ...... ~ V ....... . ......~ ~ ~,~ ~l. ......~h~ V;--~ D,~. (CONDITION MET) 2) Fire Department regulations will be addressed at plan review. Staff recommends approval. Agenda Request Form - Revised 2/99 Document Name: @CIpp CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: COPPELL INDUSTRIAL ADDITION PRELIMINARY PLAT P & Z HEARING DATE: April 20, 2000 C.C. HEARING DATE: May 9, 2000 LOCATION: Along the north side of W. Bethel Road, 50' east of N. Royal Lane. SIZE OF AREA: Approximately 100 acres of property. CURRENT ZONING: LI (Light Industrial) REQUEST: Preliminary Plat approval of two lots, one 45 acres in size; the other 53 acres in size. APPLICANT: Applicant: Engineer: Champion Parmers Graham Associates James Stewart 616 Six Flags Drive 15601 Dallas Pkwy., Ste. 100 Suite 400 Addison, TX. 75001 Arlington, TX. 76011 (972) 490-5600 (817) 640-8535 Fax: (972)490-5599 Fax: (817)633-5240 HISTORY: There has been no recent developmere activity on the subject property. TRANSPORTATION: Bethel Road at this location is projected to be a C4D, fourslane divided thoroughfare contained within a 90 to 110 foot right of way. Today it is a two-lane asphalt street, planned to be improved no sooner than the next three to five years. Item # 12 SURROUNDING LAND USE & ZONING: North- vacant, WagonWheel Park; LI, Light Industrial South - postal distribution center; LI, Light Industrial East - vacant; LI, Light Industrial West - vacant, sundial; LI, Light Industrial COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Light industrial and showroom uses. DISCUSSION: In an attempt to expedite the review process, this applicant has submitted a PD zoning application, a preliminary plat application, and a final subdivision application all at the same time. If the PD zoning application is supported, then the preliminary plat can be also. Although somewhat unusual, but not without precedence, these requests can be reviewed and forwarded provided all regulations of the City are followed. The applicant is aware that just because he has submitted all these documents for review at this time, the Commission and Council have no obligation to favorably consider them. Indeed, staff commems relative to the PD suggested that additional study and analysis needed to be done before the PD should be approved. We also stated, however, that if the Commission felt an approval was appropriate, then several conditions needed to be attached to that zoning approval, and we so listed. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Our first response is that the preliminary plat should be denied because the conditions of PD zoning have not been approved. If, however, the PD zoning garners favorable action, then this preliminary plat can be approved subject to the following conditions: -volume and page numbers be shown on plat -Fire Dept. regulations will be addressed at plan review ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Preliminary Hat Document Item # 12 ETING: May 9, 2000 ITEM # 2 ~ ITEM CAPTION: Consider approval of the Coppell Industrial Addition, Final Plat, to allow a phased development of an office/warehouse facility totaling 600,000 square feet of space on approximately 33 acres of property located along the north side of W. Bethel Road and 50' east of N. Royal Lane. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell Clark, Halsey and Stewart voting in favor. None opposed. Approval recommended, subject to the following conditions: 1) m~,, xr~ ...... ~ Page .... ,,,,,,o ~,,,;,,, oh ......a,,, ,h, ~ ......* (CONDITION MET) 2) Fire Department concerns being addressed at p/an review. Staff recommends approval. DIR. INITIALS: ~ev~%- FIN. REVIEW4 CITY MANAGER REVIEW: ~:~ Agenda Request Form - ised 2/99 Document Name: @Clfp CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: COPPELL INDUSTRIAL ADDITION FINAL PLAT P & Z HEARING DATE: April 20, 2000 C.C. HEARING DATE: May 9, 2000 LOCATION: Along the north side of W. Bethel Road, 50' east of N. Royal Lane. SIZE OF AREA: 30.33 acres of property. CURRENT ZONING: LI (Light Industrial) REQUEST: Final Plat approval for proposed construction of a 600,000 square foot office/warehouse building APPLICANT: Applicant: Engineer: Champion Parmers Graham and Associates James Stewart 616 Six Flags Drive 15601 Dallas Pkwy. Ste. 100 Suite 400 Addison, TX. 75001 Arlington, TX. 76011 (972) 490-5600 (817) 640-8535 Fax: (972) 490-5599 Fax: (817) 633-5240 HISTORY: There has been no recent development history on the subject property. TRANSPORTATION: Bethel Road at this location is projected to be a C4D, four-lane divided thoroughfare contained within a 90 to 110 foot right of way. Today it is a two-lane asphalt street, planned to be improved no sooner that the next three to five years. Item# 13 SURROUNDING LAND USE & ZONING: North- vacant, Wagon Wheel Park; LI, Light Industrial South - postal distribution center; LI Light Industrial East - vacant: LI, Light Industrial West - vacant, sundial; LI, Light Industrial COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Light industrial and showroom uses. DISCUSSION: As indicated in both the zoning request and preliminary plat application, staff feels this development needs more analysis before being approved. However, if the Commission recommends both the PD application and preliminary plat, then this final plat could be considered for approval based upon certain conditions being addressed. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: If the Planning Commission denies the PD and Preliminary Plat, then this final plat must be denied. If, on the other hand, the PD and Preliminary Hat are recommended for approval, this final Plat application could be approved based upon: -volume and page number being shown on the plat document -Fire Department concerns being addressed at plan review ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Final Plat Document Item # 13 EAGENDA REQUEST FORM ETING: May 9, 2000 ITEM # ~ ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1176, Jack In The Box Restaurant, zoning change request from (LI) Light Industrial to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the construction of a 2,742 square foot fast food drive through restaurant on approximately 1 acre of property located on the south side of S.H. 121, approximately 320' east of N. Denton Tap Road. SUBMITrED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, Clark, Halsey and Stewart voting in favor. None opposed. Approval recommended, subject to the following conditions: ~x XT,,o; ..... ~,,.,~,n~.,,~,,,~.,v,,~,~ (CONDITIONMET) t~43tie~l~h'4ng. (CONDITION MET) ,~..,..~..~.,.,4,,.. h.,.. (CONDITION MET) ,~ ^ ,~..,,..h.~,4,--- ~ ....~,,.,. n...,,-,,.. ~-,-- ~ ,--.-~ ..,a~ h .....,--,,-,..-,~ (CONDITION MET) e "rope owner ............... masonry .... ,~;,.~ ..... r ...... ;.-,,-.,-..h, ,m'~ ~....~ (CONDITION MET) Staff recommends denial. DIR. INITIALS: ~6~' FIN. REVIEW~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: @S 1176jb CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1176, Jack In The Box Restaurant P & Z HEARING DATE: April 20, 2000 (originally scheduled for a March 16 Harming Commission hearing but postponed until April by the applicant) C.C. HEARING DATE: May 9, 2000 LOCATION: Along the south side of S.H. 121, approximately 320' east of N. Denton Tap Road. SIZE OF AREA: Approximately 1 acre of property (1.0328 acres), for a 2700 square foot franchise restaurant CURRENT ZONING: LI (Light Industrial) REQUEST: LI-S.U.P. (Light Industrial, Special Use Permit) APPLICANT: Mr. David Bunnell Engineer: Denton Tap Dev., L.L.C. Thomas Holland 3721 Shenandoah C and P Engrs., Ltd. Dallas, Texas 75205 3501 FM 2181, Ste. 230 (214) 520-3611 Corinth, Texas 76205 (940) 270-8211 Fax: (940) 270-8201 HISTORY: There has been no recem developmere history on the subject tract. TRANSPORTATION: State Highway 121 will eventually be built here as a six lane divided freeway. The subject tract is adjacent to the eastbound one way service road of this highway and consists of three lanes of pavement. SURROUNDING LAND USE & ZONING: North- State Highway 121; City of Lewisville zoning South ~ Denton Creek Middle School; SF-7 East - Denton Creek Middle School; SF-7 West -vacant; "LI", Light Industrial zoning Item # 5 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for regional retail uses of which restaurants are a part. DISCUSSION: Because of a number of concerns expressed by staff before the March hearing (see below), the applicant requested this case be postponed until April. This is a request for another fast food restaurant (Burger King was the earlier request) in the general location of Denton Tap Road and Highway 121. Being on the 121 Service Road, buffered from any residential community by the Middle School, and taking primary access from 121, this case will undoubtedly draw lesser neighborhood opposition than the Burger King request. There are several problems with this proposal, however, which warrant additional attention. Our primary concern relates to access, proposed building materials, landscaping calculations, and size of the site. Signage, and requested zoning classification, along with some minor site revisions round out our criticism of the proposal. A major problem with this request is access to the restaurant. The applicant should consider either moving this use to front Denton Tap Road or provide enough frontage on 121 to properly address access from the service road. Coupled with this concern is the fact that a deceleration lane must be provided, and reviewed plans do not address this requirement. A deceleration lane now appears (partially) on the submitted plans although width, length, etc, is not shown. The zoning requested, LI-SUP can easily be amended to reflect an HC designation. We feel HC is more appropriate here as the LI zoning. is typically reserved for those areas where large warehouse type buildings are constructed. The mere size of this parcel can not accommodate warehouse uses, and our discussion regarding zoning classifications at the Commission workshop meeting of April 6 reflected HC zoning for the current LI area. In addition, the only difference between this proposal and HC zoning is a side yard setback (30 feet vs. 10) and the dumpster location (shown as 21 feet) can be moved west 9 feet with no disruption to the overall site plan. Regarding building materials, a color board was submitted which reflected a rather bright red brick with white trim. Staff felt a more muted red brick with a less bright trim was more in keeping with the principles expressed by the CIVIC report. Although the applicant has verbally agreed to modify his color board, we have not yet seen his revisions. A revised color board will be presented at the meeting. Item # 5 The proposal's landscaping calculations initially included off-site landscaping material. Our ordinance clearly states that all landscaping must be provided on the lot of main use. We do not believe our landscaping requirements can be met with the current lot size and suggest more land be acquired to legally meet ordinance stipulations. The revised landscaping plan shows a total of 16,379 square feet of landscaping, our rough estimate indicates a minimum of 16,242 feet being required, thus the landscaping requirement appears to be met. The revised plan still has flaws which warrant staff concern. Access to this site from Denton Tap is awkward, at best. The revised plans now show two curb cuts along the 121 Bypass, and although access to the site from 121 will be dictated by Lewisville and the State, our guidelines only allow two curb openings at least 200 feet apart; this plan shows them 75 feet apart, thus raising a serious safety issue. In our opinion, the site needs additional acreage to properly accommodate traffic movement. Finally, there are a number or extraneous signs ("thank you", "do not enter", "drive thru") that only serve to clutter up the site. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Because of the vast number of concerns not properly addressed by this application, we must recommend denial of the proposal. Upon review or the revised plan, staff still has concerns as offered above. We still recommend this case be denied, more land be acquired to properly accommodate the proposed development. 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) Detailed Site Plan (Package of information including Site Plan, Details, Planting Plan, Drainage, Utility, Plat, Elevations, etc.) 2) Landscape Plan 3) Elevations 4) Departmental comments (Engineering) 5) Concept Plan Item # 5 DEVELOPMENT REVIEW COMMITTEE ENGINEERING COMMENTS ITEM: S-1176, Jack In The Box Restaurant, zoning change request from (ZI) Light Industrial to HC-S.U.P. (Highway Commercial, Special use Permit), to allow the construction of a 2, 742 square foot fast food drive through restaurant on approximately 1 acre of property located on the south side of S.H. 121, approximately 320' east of N. Denton Tap Road, at the request of C&P Engineering, Ltd~ DRC DATE: March 30, 2000 and April 6, 2000 CONTACT: Mike Martin, P.E., Assistant City Engineer (972-304-3679) COMMENT STA TUS.' DD ~r rn,rr~ r A p v v~ FINA L p t:zvzrc~n 1. The driveway onto Vista Ridge Blvd. must be approved by Lewisville and TxDOT. A deceleration lane may be required off of Vista Ridge Blvd. AGENDA REQUEST FORM CITY COUNCIL MEETING: May 9, 2000 ITEM # ---L~ ITEM CAPTION: Consider approval of the Jack In The Box Addition, Lot 1, Block 1, Preliminary Plat, to allow the construction of a 2,742 square foot fast food restaurant on approximately 1 acre of property located on the south side of S.H. 121, approximately 320' east of N. Denton Tap Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Derision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell Clark, Halsey and Stewart voting in favor. None opposed. Approval recommended, subject to the following condition: · .._~,~,.~,~....-;.-._, ...... n~_+.~_~....~,~.~,.._.4cu ~'~ (CONDITIONMET) Staff recommends denial. DIR. INITIALS: ~9, FIN. REVIEW.~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: @JIBpp CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Jack In The Box Addition, Lot 1, Block 1, Preliminary Plat P & Z HEARING DATE: April 20, 2000 (originally scheduled for Planning Commission on March 16, but withdrawn at the appHcant's request until the April public hearing) C.C. HEARING DATE: May 9, 2000 LOCATION: Along the south side of S.H. 121, approximately 320' east of N. Denton Tap Road. SIZE OFAREA: Approximately 1 acre of property for development of an approximately 2700 square foot franchise restaurant. CURRENT ZONING: LI (Light Industrial) REQUEST: LI-S.U.P. (Light Industrial, Special Use Permit) APPLICANT: Mr. David Bunnell Engineer: Denton Tap Dev., L.L.C. Thomas Holland 3721 Shenandoah C and P Engrs., Ltd. Dallas, Texas 75205 3501 FM 2181, Ste. 280 (214) 520-3611 Corinth, Texas 76205 (940) 270-8211 Fax: (940) 270-8201 HISTORY: There has been no recent development history on the subject tract although a zoning request accompanies this platting proposal. TRANSPORTATION: State Highway 121 will eventually be built here as a six lane divided fleeway. The subject tract is adjacent to the eastbound one way service road of this highway and consists of three lanes of pavement. Item # 6 SURROUNDING LAND USE & ZONING: North- State Highway 121; City of Lewisville zoning South -Denton Creek Middle School; SF-7 East - Denton Creek Middle School; SF-7 West - vacant; "LI" Light Industrial zoning COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for regional retail uses which includes restaurants. DISCUSSION: This is the companion piece to the Jack-in-the-Box restaurant rezoning case heard immediately before this request. Because of the number of unresolved concerns regarding the zoning case, staff recommended denial of the rezoning. Assuming Commission follows our recommendation, then this plat would warrant denial also. The re-submittal of this plat is almost identical to the first one, and because of staff's concerns with the resubmitted zoning case regarding unresolved development issues, we must again recommend denial of this plat--legal descriptions on the plat do not track, we have concerns regarding proposed access to the 121 Bypass (see zoning comments), and the awkward access from Denton Tap Road give us concern. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: As stated above, if rezoning is denied, then this plat must be also. Because of the number of issues not addressed by the applicant, staff recommends denial of the plat at this time. Because of the comments stated above, staff recommends denial of the preliminary plat. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Preliminary Plat (Note: contained in the resubmittal packet for the zoning change) 2) DeparUnental comments (no Departmental comments) Item # 6 ETING: May 9, 2000 ITEM # __~ ITEM CAPTION: Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat of the Jack In The Box Addition, Lot 1, Block 1, to allow the construction of a 2,742 square foot fast food restaurant on approximately 1 a~e of property located on the south side of S.H.121, approximately 320' east of N. Denton Tap Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Derision of P&Z Commission: N/A Staff recommends approval of this request. DIR. INITIALS: _e~vised~ FIN. REVIEW: ~( CITY MANAGER REVIEW: Agenda Request Form 2/99 Document Name: @JIB~a ETING: May 9, 2000 ITEM # ~__ ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-133R2, Magnolia Village (known as Magnolia Park), by amending the planned development conditions to attach a detail site plan to allow the development of 15,600 square foot retail building on approximately 2.10 acres of property along the west side of N. Denton Tap Road and south of the S.H. 121. SUBMITFED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, Clark, Halsey and Stewart voting in favor. None opposed. Approval recommended, subject to the following conditions: (CONDITION MET) 3) All site Hg~ng ~h~,, ~,.~ ,, .... .,,h. ,-,.-~ (CONDITION MET) ~_~ ~ .... · ,~, a- ......, o;~ ~e +h~ u,,;,~;__ (CONDITION IvIET) 5) ^ ,, _,~h~,,;~, ....; ...., ~h~,, ,, ......~ r, .....h,;~ ,~ ....(CONDITION MET) ..,,; ...h;+.. .... nnvc (CONDITION MET) amemlme~. (CONDITION MET) Staff recommends approval. DIR. INITIALS: 76~5, FIN. REVIEW.~ CITY MANAGER REVIEW: /,~ Agenda Request Form - Revised 2/99 Document Name: @PD133R2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-133R2, MAGNOLIA VILLAGE (KNOWN AS MAGNOLIA PARK) P & Z HEARING DATE: April 20, 2000 C.C. HEARING DATE: May 9, 2000 LOCATION: Along the west side of N. Denton Tap Road, south of S.H. 12 1 SIZE OF AREA: Approximately 2.10 acres of property. CURRENT ZONING: PD-133-HC (Planned Development-133, Highway Commercial) REQUEST: Planned Development amendment approval for a 15,600 square foot retail building. APPLICANT: Applicant: Architect: Text Pittman Stepban Peiser SCI Denton Tap LTD. NCA Architects 11551 Forest Central Drive 6500 Greenville Avenue Dalla,q, Texas 75243 Dalh% Texas 75206 214-221 ~.~.~.O 214-361-9901 FAX 214-221 ~.~.~.1 FAX 214-361-9906 HISTORY: This property was zoned PD-Highway Commercial in the mid- 1990's as part of a 87 acre tract zoned for single family and flood plain/park uses. The initial application for this PD indicated single family for the areas adjacent to S.H. 121 and Denton Tap Road. However, Highway Commercial zoning was ultimately established on this tract to provide a buffer between the residential and the high traffic intersections. On February 17, 2000 the Planning and Zoning Commission recommended denial of a request for a Special Use Permit for a Item # 9 Burger King restaurant on a 0.92 acre tract abutting this property to the south, along Denton Tap Road. This request was not appealed to the City Council. TRANSPORTATION: Denton Tap Road is a P6D, six lane divided thoroughfare contained within a 100-120 foot right-of-way. SH 121 will be built to freeway standards within 450 feet of right-of-way. SURROUNDING LAND USE & ZONING: North-S.H. 121 and vacant; HC, Highway Commercial and LI, Light Industrial South - Single-family, under construction; PD- 133 East - vacant and Denton Creek Middle School; LI and SF-7 West - Single-family, under construction; PD-133 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for regional retail uses. DISCUSSION: This property is zoned PD 133 - Highway Commercial. This request is to attach a detail plan for retail uses on this tract of land. The Highway Commemial zoning district is defined in the Zoning Ordinance as "intended primarily as a high intensity area permitling a mixed use for office, commercial-retail, and highway oriented uses...". Regional retail uses are aim called for in this area in the Comprehensive P/an to allow a variety of uses. The P/an also points out that Denton Tap Road is a primary image zone, and as such the architectural design, signage, landscaping, and other physical development forms need to be carefully designed. This request is for a 15,600 square foot retail building proposed to be occupied by neighborhood serving retail such as cleaners, bookstore, ~ store, video Store, etc. The site plan is in compliance with the Streetscape Plan's recommendations for primary image zones in that it is providing brick pavers at the driveway, utilizing red oaks, planted 40 foot on center, as the main tree along the street frontage, providing a 102+ foot setback from Denton Tap Road. The recommendations of the Comprehensive Plan and the CIVIC report are also being addressed by limiting the materials on the exterior elevations and the color of the signage. The one monument sign will be of the same brick as the building and the color of the lettering will be cream. This sign is proposed to be six feet in height and 60 square feet in size, which is the maximum size permitted when a site exceeds two (2) acres in size. This site contains 2.09 acres, just barely exceeding the two acre threshold. It is recommended that the size and height of the sign be reduced to four feet in Item # 9 height and 40 square feet to be more in scale and character with the 15,600 square foot retail building proposed for this site. The attached signage shall also be channel set, and cream in color. The elevations and the color board submitted indicate 81% of the building will be a field brick, "reddish brown" in color. Manufacture's specifications of brick color is needed (i.e. Aeme Brick Blend//1234). Accent materials include CMU (14 %) and EIFS (5 %). Dark Green fabric awnings are planned over doors. The Landscaping Plan indicates landscape buffers along all the perimeters, with Cedar Elm trees. An additional 5 feet of buffer area is being provided along the west property line and an additional 10 to 15 feet additional along Denton Tap Road. Landscape planting islands in the parking area exceed the minimum area requirements. The excess areas in these planting islands and the required buffer areas are being used to satisfy the non-vehicular landscape requirements. However, Section 34-1-8(B) states that all islands contain a one tree. Therefore, trees are required in the islands located adjacent to the north and south property lines, as well as adjacent to the west side of the building. Along the eastern property line, adjacent to the single family, the building is setback approximately 82 feet, and a fifteen foot landscape buffer is being provided. Within this buffer area, 7 cedar elm trees and a 3 foot hedge will be provided. A six (6') foot solid brick wall will be installed along the length of the property line utilizing the same color brick as the main structure. All roof top mechanical equipment will be screened from view. Lighting is recommended to be down light type, with a maximum height of 20 feet. Access to this property from northbound Denton Tap Road will be via a hooded (in only) left turn lane. A deceleration lane to the driveway will serve southbound traffic. As the remainder of the property develops mutual access easements will be provided to allow for circulation from the site to the tract south, and to the proposed developments along S.H. 121. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending approval of the detail site plan subject to: (l) The monument sign being limited to four feet in height, and a maximum of 40 square feet. (2) Manufacture's specification of brick color (3) All site lighting shall be down light type. (4) Trees shall be added to the planting islands located adjacent to the north and south ~ lines and adjacent to the west side of the building. Item # 9 ALTERNATIVES: 1 ) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reeonsideration at a later date. ATFACHMENTS: 1) Site Plan 2) Floor Plan 3) Exterior Elevations 4) Monument Sign, Dumpster Screening and Wall Elevations 5) Landscape Plan 6) Irrigation Plan 7) Irrigation Details Item # 9 ETING: May 9, 2000 ITEM # ~ ITEM CAPTION: PUBLIC HEARING: Consider approval of the Northlake 635 Business Park, Replat of Lot 1R, Block C and Site Plan, to allow the construction of 88,179 square foot office/warehouse facility on approximately 8 acres of properW located at the northwest corner of Lakeshore and Crestside Drives. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, Clark, Halsey and Stewart voting in favor. None opposed. Approval recommended, subject to the following conditions: SITE PLAN subject to: i) All +h-,-~ ,'..;,4~,o ,'vl~ ,h~ o.",-,..~,;f,,'~ .... 11 k~.~ .... ~,o,.,.,.-'d-~,'1 ,-.,,C' *-;1~' ',,,',11 .,-v':-,~.lo +,-. ',~+.",k +k~ frv~4f., ~ (CONDITION MET) 3) Revise the site plan to provide for the required non-vehicular landscaping. 39,332 required 29,056 provided 10,276 short ar~as:. (CONDITION MET) REPLAT subject to: 1) Prior to the filing of the plat additional TXU easements will be provided, if necessary. Staff recommends approval. DIR. INITIAL~~ ~ FIN. REVIEW:C~ CITY MANAGER REVIEW: Agenda Request Fo ed 2/99 Document Name: @NL635rs CITY OF COPPh'~I .I . PLANNING DEPARTM~-~ STAFF REPORT CASE: NORTHLAKF, 635 BUSINESS PARK, REPLAT OF LOT IR, BLOCK C and SITE PLAN P & Z I-IF~ARING DATE: April 20, 2000 C.C. HEARING DATE: May 9, 2000 LOCATION: At the northwest comer of Lakeshore and Crestside Drives. SIZF. OF AREA: Approximately 8 acres of property. CURRENT ZONING: LI (Light Industrial) REQUEST: Replat and Site Plan approval for a 88,179 square foot office/ warehouse building. APPLICANT: Applicant: Engineer: Ray Garrison, WSI Architects Pacheco Koch F_,ngineers 6320 L.B.J. Freeway, Suitg 228 9401L.B.J.Freeway,Suite 300 Dallas, Texas 75240 Dallas, Texas 75243 972-458-9999 972-235-3031 FAX:972458-1566 FAX 972-235-9544 HISTORY: There is no recent zoning history on this lxopen7. TRANSPORTATION: Lake Shore Drive is a concrete street, with 41 foot pavement width within a 60 foot right-of-way. Crestside Drive is a concrete street with 37 foot pavement width, within 60 foot right-of-way. SURROUNDING LAND USE & ZONING: North- Marek and Essex Wire Companies; LI, Light Industrial South - PSINet: LI, Light Industrial Item # 14 East - Vacant; LI, Light Industrial West - Vacant; LI, Light Industrial COMPREHF. NS~ PLAN: The Comprehensive Plan shows the prope~ as suitable for Light Industrial/showroom uses DISCUSSION: The intended use of this property is an 88,000!-_ square foot office/warehouse building. The building is parked at a ratio of approximately one space per 200 square feet allowing the building to be leased as 100 percent office if the market demands. Along the north side of the building adjacent to the loading areas of the existing industrial uses, Essex Wire and Marek, the site plan indicates a six foot wall to screen the loading and parking areas. Two sides of this wall will be constructed of tilt wall panels to match the proposed building. The northern section of the wall adjacent to the existing industrial is proposed to be concrete panels, with different materials, texture and color than the other sides of the wall. Staff is recommending that the lilt wall panels, matching the main structure also be used along the north property line. Per the elevations, the facade will be approximately 40% store front windows and the roof line will undulate between 23' to 25'-8'. The color board indicates the main facade will be light beige with accents of light and dark brown. Chrome finished columns will mark the main entry doors along Crestside and Lakeshore Drives. There are several problems with the Landscape Plan. The required perimeter landscaping is being provided along the street frontages, and the interior landscaping is being provided in the parking islands. However, there is an 10,00- square foot deficient in the provision of non-vehicular landscaping. Also, Section 34-1-80t)(3), of the Landscape Ordinance states that a "single row of parking shall have landscape islands separating no more than 15 space or less than 5 s_paces." At the southwest comer of the building three parking spaces are shown separated by a landscape island. Staff is recommending that these three spaces be eliminated and devoted to landscape areas. Maneuvering out of these spaces may also be potentially hazardous given their proximity to Crestside Drive. This project is significanfiy over parked for pure office as well as office/warehouse and the loss of parking spaces to adhere to the landscape requirements should not have a significant impact on the development. As discussed, the area north of the building will be screened with a six- foot wall, and therefore exempt from the landscaping requirements, per provision 34-1-8(A) of the Landscape Ordinance. However, l0 feet of Item # 14 perimeter landscaping and trees are being provided adjacent to the wall along the north property line. The Re-plat of Lot 1R, Block C of Northlake Business Park proposes to dedicate fire lanes and two 20'x 20' water line easements to provide for a looped water system. A 26' TP&L easement is proposed to be abandoned by this plat. This easement was originally established when this property was platted into two lots. Now that it is being re-platted into one lot, this easement is no longer required. However, prior to the filing of the plat additional TXU easements may be needed. RECOMIV~NDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending approval of the SITE PLAN subject to: (1) All three sides of the screening wall being constructed of tilt wall panels to match the main structure. (2) Correct the scale on the Landscape Plan from 1:40 to 1:30 (3) Revise the site plan to provide for the required non-vehicular landscaping. (4) Remove three (3) parking spaces at the southwest corner of the building and add to landscaping areas. Slaff is recommending approval of the REPLAT of Lot 1R, Block C of Northlake 635 Business Park subject to: (1) Prior to the filing of the plat additional TXU easements will be provided, if necessary. ALTERNATIVES: 1 ) Recommend approval of the request. 2) Recommend dj~pproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) TXU Comments 2) Site Plan 3) Exterior Elevations (3 sheets) 4) Landscape Plan 5) Irrigation Plan 6) Replat- LotlR, Block C, Northlake Bu~ness Park Item # 14 TXU Electric & Gas 4200 North Belt Line Irving, TX 75038 Comments for City of Coppert Development Review Committee March 30, 2000 Northlake 635 Business Park, Replat of Lot IR, Block C and Site Plan, Easements needed. Please contact Rick Fielding at 972-888-1344. Bobby Oney AGENDA REQUEST FORM The City With A Beautiful Future CITY COUNCIL MEETING: May 9, 2000 ITEM # __~~ ITEM CAPTION: Consider approval of the Riverside Church of Christ, Site Plan Amendment, to allow the construction of a two-story addition to the existing church and additional parking spaces on 6.5 acres of property located at 150 E. Beltline Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell Clark, Halsey and Stewart voting in favor. None opposed. Approval recommended, subject to the following condition: 1) The property being replatted to relocate utility easements and delineate fire lanes. Staff recommends approval. DIR. INITIALS: _~ev~. FIN. REVIEW:~ CITY MANAGER REVIEW: Agenda Request Form ised 2/99 Document Name: @RCCsp CITY OF COPPELL PLANNING DEPARTMF~HT STAFF REPORT CASE: RIVERSIDE CHURCH OF CHRIST SITE PLAN AM'F NDME P & Z HEARING DATE: April 20, 2000 C.C. HEARING DATE: May 9, 2000 LOCATION: 150 Beltline Road. SITF~ OF AREA: Approximately 6.5 acres of property. CURRENT ZONING: C (Commercial) and LI (Light Industrial) REQUEST: Site Plan approval. APPHCANT: Applicant: Aubrey Hallurn Hallum Architects, Inc 2501 Parkview Drive, Suite 430 Fort Worth, Texas 76102 817-332-2422 FAX: 817-338-1949 HISTORY: In 1993 the City Council approved a Site Plan and Final Plat for this property, subject to the escrow fee for improvements to Beltline Road being waived. The original site plan included a 23,143 square foot, two story church with 244 parking spaces. The lot coverage was less than 5%. The remaining land was being devoted to playground, parking, circulation, and landscaping. TRANSPORTATION: Beltline Road serves the subject site along the southern border and Northlake Drive along the eastern border. Beltline Road at this location is presently a substandard 2-lane asphalt roadway. Future Item # 15 plans call for a six-lane divided thoroughfare (P6D). North Lake Road has 37 feet of pavement, within 60' of right-of-way. SURROUNDING LAND USE & ZONING: North- Mini-warehouses; LI, Light Industrial zoning South - Northlake Power Plant East - Light manufacturing; H, Light Industrial zoning West -Light manufacturing; LI, Light Industrial zoning COMPRFJ~NSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industrial uses. DISCUSSION: The current request is to amend the site plan to expand the existing 23,335 square foot church by 24,556 square feet, more than doubling it's current size to 47,891 square feet. The site plan also indicates a future expansion area of a two story classroom structure. The current plans also include the erection of a 47'-4" white, prefabficated, fiberglass spire on the existing two story building for an overall height of 102 feet. Per the Zoning Ordinance, parking for church use is based on one space per three seats in the main auditorium, and addition parking for the ancillary uses as determined by the building official. There are currently 241 spaces, 47 spaces will be removed to accommodate this phase of development, and an additional 122 spaces will be added, for a total of 316 parking spaces. Future plans call for an additional 79 spaces adjacent to the north property line for a grand total of 395 spaces. The elevations indicate the use of the same materials on the expansion as exists on the existing structure, face brick and composition shingle roof. Covered drop off areas are planned on the north and south ends of the new addition. Approximately 36 % of the property is devoted to landscaping. There are 54 existing red oak trees on the property, 6 of which will be removed for this expansion. The original plan indicated a significant amount of land along the Denton Tap Road frontage being devoted to landscaping and walkways. This expansion includes an addition of 52 parking spaces in this area, with approximately 44,500 square feet of landscaping (non- vehicular) remaining. This exceeds the non-vehicular requirement by over 7,700 square feet. Perimeter landscaping is being provided along all property boundaries. Ten feet is being provided along the north and west property lines and 30 feet along the south and east property lines. Item # 15 In terms of interior landscaping, landscaped islands are provided with a maximum separation of 15 parking spaces, with 3 inch caliper trees in every island. This property was originally platted in 1993, with setback lines and various utility easements. A replat of this lot will be required prior to the issuance of a building permit for this expansion. The proposed expansion will require the relocation of existing utilities and their associated easements. The fire lanes will also be platted with this replat. RECOMMF~NDATION TO THE PLANNING AND ZONING COMMISSION: Approval of the Site Plan for the Riverside Church of Christ subject to; (1) The property being re-platted. 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. ATrACHlV!F~NTS: 1 ) Site Plan 2) Landscape Plan 3) Floor Plan 4) Elevations Item # 15 AGENDA REQUEST FORM ITEM CAPTION: eomider approv~ of ~e To~ Center Ad~on, Lot 4, Block 1, M~or Plat and Ske Ply, to ~ow ~e cons~u~on of 1 $,300 squ~e foot reta~ center on approx~ately 2.1 a~es of proper~ located ~ong ~e east side of N. Denton Tap Road, appro~ately 160' sou~ of To~ Center Drive. SUBMITFED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell Clark, Halsey and Stewart voting in favor. None opposed. Approval recommended, subject to the following conditions: SITE PLAN CONDITIONS: (CONDITION lV~T) ~ Co.-Te~ """"; ......... "' ....,~.. e~.~., (CONDITION 1V~T) 3. $4,400 is due to the Coppeil Reforestation Fund. 4. c,,,,~,;+ ,~,~;, ..........,-: ~,,,;,,~; ....,~ ~;+,, ,; ,,,~;_,, (CONDITION MET) 5 P~c~cp ~..h._;.., equipment ..... ~' ....... ~ c-..~ .~ ....(CONDITION MET) offwb:'te "" ~Te (CONDITION MET) MINOR PLAT CONDITIONS: P=cmte{4~i~ (CONDITION MET) figh ~"~ m .... r~.,,,,~, ,~,..~ (PARTIALLY MET) 2. Show the t-of-way width for Denton Tap Staff recommends appr val. a 2/99 Document Name: @TC41mps CITY OF COPI:~ L PLANNING DEPARTMENT CASE: TOWN CENTER ADDITION. LOT 4, BLOCK 1 MINOR PLAT and SITE PLAN P & Z ttEARING DATE: April 20, 2000 C.C. HEARING DATE: May 9, 2000 LOCATION: Along the east side of N. Denton Tap Road, approximately 160' south of Town Center Drive. SIZF. OF AREA: Approximately 1.9 acres of property. CURRENT ZONING: TC (Town Center) REQUEST: Minor Plat and Site Plan approval. APPLICANT: Applicant: Architect: Kris Silverthorn NCA Architecture 8150 Noah Central, Suite 645 6500 Greenville, Suite 307 Dallas, Texas 75206 Dallas, Texas 75206 214-373-0100 214-361-9901 FAX 214-373-0123 FAX 214-361-9906 HISTORY: The Town Center district was established in 1982. Since that time various developments have occurred in accordance with the Streetscape Plan and the recommendations of the Comprehensive Plan. TRANSPORTATION: Denton Tap Road is an improved six-lane divided ~ (P6D) contained within a 1130' wide right-of-way at this location. Town Center Boulevard is an access street with a variable right-of- way. I~n # 17 SURROUNDING LAND USE & ZONING: North- Wendy's Restaurant; TC, Town Center South- Comerlea Bank; TC, Town Center East - YMCA; TC, Town Center West - vacant; C, Commercial COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Neighborhood Retail uses. DISCUSSION: SITE PLAN: This request is to construct a 15,300 square feet retail center with neighborhood serving uses such as cleaners, camera store, restaurants, etc. Normally the restaurant would require a Special Use Permit. However, in the mid 1990's the City and the Parks of Coppell Trust entered into a settlement agreement entitling the Parks of Coppell Trust to construct and operate two (2) restaurants with window service on two specific locations in Town Center. The Wendy's site was one of the sites, and the current area of request is the second. One of the terms of the settlement is that no Special Use Permit shall be required as a condition to the issuance of a building permit or certificate of occupancy on either site. The restaurant currently proposed does not have a window service. Denton Tap Road is a primary image zone, and as such the architectural character, signage, landscaping, and other physical development forms need Sm~cape Plan's reco~ons for primary image zones in that it is providing brick pavers at the driveway, utilizing Cedar Elms, planted 40 foot on center, as the main tree along the street frontage. The recommendations of the Comprehensive Plan and the CIVIC report are also being addressed by limiting the trm___.,~'i:~l~ on the ext~or elevations. A monument sign is indicated on the site plan, but elevations and details of the size, color and font of the sign were not included in the revised submission for Planning and Zoning Commission consideration. The sign is site is less than two ('2) acres. It is reco~ that the sign be constructed with the same brick as the main building and the color and size of letter should be in conformance with the recommendations of the CIVIC will be of channel type consm~on, however, color and font style was not specified. This note also has several spelling errors which _need__ to be Item # 17 signage proposed for this project. A major concern with this proposed development is the preservation of mature trees on the site. Since the initial application, the site plan has been revised to preserve a 24" caliper Elm tree and two Oak trees (20" caliper and 25" carlper) along the DenWn Tap Road frontage. Three additional Elm trees (8-12" calipers) are being preserved along the north property line. However, 235 carlper inches of protected trees will still be removed for this development. Given the trees to be protected and the new trees being planted on the site, there will be $4,400 due to the Copper Reforestation Fund. Prior to City Council consideration, additional information is also needed on the lighting facilities including security fighting, screening and glare shades for both building and site fighting. Roof top equipment needs to be screened from adjacent properties. Given that this project is within Town Center, prior to City Council consideration of this request, a letter of approval from the Town Center Architectural Control Committee is required. MINOR PLAT: The minor plat contains 1.9 acres and provides for a fire lane and utility easements. However, the following information was requested from the applicant on March 31, 2000, and was not reflected on the re- submission. Therefore, the recommendation for approval is subject to: 1. Provision of a 4 foot sidewalk in a 10 foot sidewalk and utility easement adjacent to Town Center Drive. 2. Show the fight of way width for Denton Tap and Town Center Blvd. 3. Provide a 10 foot wide sidewalk and utility easement along Denton Tap Road. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Approval of the Site Plan subject to: 1. A letter of approval from the Town Center Architectural Control Committee. 2. Need to provide descriptions (color and font) and elevations of 3. Spelling errors need to be corrected on Elevation Sheet. 4. $4,400 is due to the Coppell l~foteslafion Fund. 5. Need__ to submit d~ails on ~ building and site lighting. 6. Roof top equipment must be screened. Item # 17 7. Need to revise the 10 foot utility easements adjacent to Town Center Drive and Denton Tap Road to a s/dew~c and utility easement on the Site Plan and the Landscape Plan. Approval of the Minor Plat, subject to: 1. Provision of a 4 foot sidewalk in a 10 foot sidewalk and utility easement adjacent to Town Cente~ Drive. 2. Show the right of way width for Denton Tap and Town Center Blvd. 3. Provide a 10 foot wide sidewalk and utility easement along Denton Tap Road. ALTERNATIVES: 1 ) Recommead approval of the request. 2) Recommend disappmv~ of the request 3) Recommend modification of the request 4) Take under advisement for reconsideralion at a later date. ATTACHMENTS: 1) Leisure Services Department Comments 2) Engineering Department Comments 3) Color Rendering of the Elmlion 4) Site Plan 5) Floor Plan 6) Elevations 7) Tree Mitigation Plan 8) T aradscsIN~ Plan 9) Irrigation Plan 10) Minor Plat - Town Centgr Addition, Lot B block 1 Item # 17 it~3/3a/88 a8:53 CITY 0~ COPPELL · 972 ~ 7992 N0.867 DEVELOPMEVT REVlt3V LEIS!IRE SERVICES ITEM: Town Center Addition, Minor Plat MAR 3 0 2000 DRC DATE: March 30, 2000 CONTACT: Brad Rtid, Park Planning and l~ndscape Manager PRE~ARY_/ The tree surve~J indicates a total o/339~ o/protected trees on the site, Wt~ 3Wt~ of protected trees to be removed as a result of deve~f~ with 35" preserved. A landscaping credit of 152" will be allowed due to replanting of the site and a preservation credit of 30" will be allowed, bringing the Wtal credits W 182~. Further reparation for 122" of removed trees is required. This amounts ~o a pmjment to be paid to the Coppert Reforesfation and Naturalization Fua~L Contad the Parks Department at 972-304-3565 prior to disturbing amJ median or l~O.W. for location of possibls irrigation piping or controls which may exist It will be the respons~tlihJ of the developer to repair amj tmprovv~ents damaged Mj work in the are~ DRCO33000h t,~ld,'' -~t'~t ' II I DE VEL OPMENT RE VIE W COMMiTFEE ENGZNEERBVG COMMENTS ITEM: Town Center Ada~o~ Lot 4t Block 1, Minor Plat and Site Plan, to allo~v the construction of 15,300 square foot retail center on approximately 2.1 acres of property located along the east side of N. Denton Tap Road; agproximately 160' south of Town Center Drive, at the request Dowdey, Anderson, & Associates, In~ DRC DATE: March 30, 2000 and April ~, 2000 CONTACT: MZke Martin, P.E., Assistant City Engineer (9 72-3 0d-3 d 79) I I COMMENTSTATUS' vvvr nsr~rA ~y c'FINAL 1. Provide a 4' sidewalk located in a 10' wide sidewalk and utility easement adjacent to Town Center Drive. Show these on the site plan and landscape plan. 2. Show the right-of-way width for Denton Tap and Tower Center Blvd. 3. Provide a 10' wide sidewalk and utility easement along Denton Tap Road. ETING: May 9, 2000 ITEM # ,Z _q ITEM CAPTION: Consider approval of the Coppell Crossing, Lot 4, Block 1, Final Plat and Site Plan, to allow the development of 8,498 square foot retail building on approximately 1.5 acres of property located at the northwest corner of S. MacArthur Boulevard and the D.A.R.T. right-of-way. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell Clark, Halsey and Stewart voting in favor. None opposed. Approval recommended, subject to the following conditions: SITE PLAN condition: 1 ) The raceway of the signage shall match the material on which it is mounted; i.e., bronze on brick, off-white on EFIS. FINAL PLAT condition: ""'~'; .... ;"+ (CONDITION MET) Staff recommends approval. · : ' FIN. REVIEW.~ CITY MANAGER REVIEW: CITY OF COPP~I L PLANNING DEPARTMENT STAFF REPORT CASE: COPPELL CROSSING ADDITION LOT 4, BLOCK 1, FINAL PLAT and SITE PLAN P & Z HEARING DATE: April 20, 2000 C.C. HEARING DATE: May 9, 2000 LOCATION: Northwest comer of S. MacArthur Boulevard and the D.A.R.T. right-of-way. STZi~, OF AREA: Approximately 1.5 acres of property, to contain one 8,498 sq. ft. retail building. CURRENT ZONING: C (Commercial) REQUEST: Final Plat and Site Plan approval. APPHCANT: Engineer: Architect: Dunnaway and Associate~ David Cannon Chris Lam (for Mitch Vexle0 6709 Creekside 2351 West N.W. Highway, Suite 3280 Plano, TX. 75023 Dallas, Texas 75220 (972) 618-8891 (214) 654-0123 Fax: (972) 618-2409 Fax: (214) 654-0122 HISTORY: There has been considerable development history on the property surrounding this request including site plan approvals as well as platting activity. A site plan for a 11,570 retail building and final plat for this lxot~rty was denied by the City Council on December 14, 1999. Lack of adherence to the city's landscaping requirements, size of the building as well as need for additional information on proposed signage were the major areas of concern. On March 2, 2000 the Board of Adjustment considered requests for variances and special exceptions for this as well as Lot 5 of this Item # 18 development (see attached let/er from Greg Jones, Coppell's Chief Building Official). The only favorable ruling relating to this lot was a special exception to reduce the number of parking spaces required for Lot 4. This special exception was granted subject to the size of a restaurant being limited to a maximum 4,000 square feet. TRANSPORTATION: MacArthur Blvd. is a P6D, shown as a six-lane divided thoroughfare on our Thoroughfare Plan. It is currently an improved four-lane divided roadway contained within a ll0-foot r.o.w. StIRROUNDING LAND USE & ZONING: North- mini-warehousing; PD-151C South-retail; "C" , Commercial F_~_~ - franchise restaurant; "C", Commercial West -TU electric transmission line; "A", Agricultural COMPREHF, NSIVE PLAN: The Comprehensive Plan shows the property as suitable for retail uses. DISCUSSION: The current request is for site plan approval 8,498 square foot retail building. This represents a reduction of over 3,000 square feet from the previous request. Per the Board of Adjustment action in March, a maximum of 4,000 square feet of this building may be occupied for a restaurant. However, prior to the occupancy of this building for this use, a Special Use Permit is required. The SUP application will specify type of restaurant, floor plan, hours of operation, etc. The current plan meets the landscape requirements, whereas over 32% of the lot is devoted to landscaping. Non-vehicular landscaping is provided along MacArthur Blvd. as well as along the north and east property lines in addition to the required perimeter landscaping. Additional non-vehicular landscaping is also being provided adjacent to the east and west ends of the buildings. Landscaped islands and trees are also being provided in accordance with the Landscape Ordinance. The exterior elevations, site lighting and signage will match the existing buildings in this shopping center. The final plat of this property indicates drainage easements near the south and west property lines, and existing sanitary sewer and Lone Star Gas easements along the southern property lines. No additional easements are needed. Item # 18 RECOMMF~NDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends approval of the site plan and Final Plat for Copper Crossing Lot 4, Block 1, subject to: (1) The plat being a blackline verses a blueline print. ALTERNATIVFS: 1) Recommend approval of the request 2) Recommend denial of the request 3) Modify the request 4) Take under advisement for additional information ATFACHMF~NTS: 1 ) Letter from Greg Jones, dated March 6, 2000 detailing the Board of Adjustment Action of March 2, 2000. 2) Overall Site Plan 3) Lot 4 Site Plan 4) Landscape Plan 5) Irrigation Plan 6) Floor Plan 7) Elevations 8) Final Pht Lot 4, Block 1 Coppell Crossing Addition Item # 18 RO. Box 478 Coppell, Texas 75019 The City With A Beautiful Future 972-462-0022 PO. BOX 47B COPPELL. TEXAS 75019 March 6, 2000 Mr. David Cannon, &-c!,.jtect 6709 Creekside Lane PIano, TX 75023 Dear Mr. Cannon: The City of Coppell Board of Adjustment met on Thursday, March 2, 2000, and heard your requests for spe~.'al exceptions and variances from the City's Zoning Ordinance, for the property located in Lots 4 and 5 of CoppeH Crossin_g, at the comer of,MacAnhur BIrd. and Beltline Road. The Board voted as follows: 1. Seelion 34-1-8: l~!uction of the landstape requ~, per the applicant's plans: Variance d~mied 2. Seaion 23-3.1(A): Variance to eliminat~ the designation of "fxout yard" for the south and east sides of Lot 5, thereby removing the required 60-~. building setback roqu~ Variance granted 3. Section 23-3-1(C): Varian~ to locato th~ building on 4. Section 34-1-8(B)(3): Sl~ial oxc~ption to allow thn~ parkln_ospac~inarow~apat~ingisland, as opposed to tho City' s n:qu~ that thor~ be no l~s than fiv~ 5. Seetion33-1(6) and 23-3-1: Variance to allow forthe placement of a dumpster and the required 6-ft. scmming wall, as well as allowing trash pick-up activities to be within the 30-R. building setback on the west side of Lot 4: Variance denied Page 2 6. Section 41-3-3(D): Special exception to reduce the number ofpaddn,~o spaces required for Lot 4: Special exception granted, subject to a maximum 4,000 scl. fc restaurant 7. Section 29: Variance to the Sign Ordinance: Variance denied Section 41-3-.2: a. Varian~ regarding StafFs o~mts fl~at the overall square footage of the buildings has ira:rinsed since b. Variance to allow a sidewalk to be located over a drainage/sanitary sewer easement on the south side of c. Variance to locate a dumpster on Lot 2 for utilization by tl~ building on Lot 5: Request dismissed If you have any questions, please feel free to contact me at (972) 304-3500. Sincerely, ~~.O~cial AGENDA REQUEST FORM The City With A Beautiful Furtire CITY COUNCIL MEETING: May 9, 2000 ITEM # _~__ ITEM CAPTION: Consider approval of the Coppell Crossing, Lot 5, Block 1, Final Plat and Site Plan, to allow the development of 5,046 square foot retail building on approximately 1 acre property located along the west side of S. MacArthur Boulevard, approximately 580' north of the D.A.R.T. right-of-way. SUBMITrED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell Clark, Halsey and Stewart voting in favor. None opposed. Approval recommended, subject to the following conditions: SITE PLAN CONDITIONS: 1) The granting of a Spedal Exception by the Board of Adjustment to Section 34-1-8(B)(3) of the Landscape Ordinance allowing for rows of parking with less than 5 spaces. 2) The raceway of the signage shall match the material on which it is mounted; i.e., bronze on brick, off-white on EFIS. FINAL PLAT CONDITIONS: ~ ~ ^ ,, ._,;~.~ ..........~ ,.~;..,. ,.,...~a ..~+~...--, ......-~ ........~'~' (CONDITION MET) ~ ~,~ .,,~ ,,~;,,,,. ,,,~,, ,; ..........k,,,~ ,;.~ ,,,~,,, (CONDITION MET) Staff recommends approval. DIR. INITIALS: (~, FIN. REVIEW:b~Y CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: @CC5 lfps CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: COPPELL CROSSING ADDITION LOT BLOCK 1, FINAL PLAT and SITE PLAN P & Z HEAR1NG DATE: April 20, 2000 C.C. HEARING DATE: May 9, 2000 LOCATION: Along the west side of S. MacArthur Boulevard; approximately 580' north of the D.A.R.T. right-of-way. SIZE OF AREA: Approximately 1 acre of property, to contain one 5,046 sq. ft. retail building. CURRENT ZONING: C (Commercial) REQUEST: Final Plat and Site Plan approval. APPLICANT: Engineer: Architect: Dunnaway and Associates David Cannon Chris Lam (for Mitch Vexler) 6709 Creekside 2351 WestN. W. Highway, Suite 3280 Plano, TX. 75023 Dallas, TX. 75220 (972) 618-8891 (214) 654-0123 Fax: (972) 618-2409 Fax: (214) 654-0122 HISTORY: There has been considerable development history on the property surrounding this request including site plan approvals as well as platting activity. A site plan for a 9,942 square foot retail building and final plat for this property was denied by the City Council on December 14, 1999. Lack of adherence to the city's landscaping requirements, size of the building, setbacks, as well as need for additional information on proposed signage were the major areas of concelTl. On March 2, 2000 the Board of Adjustment considered requests for variances and special exceptions for this as well as Lot 4 of this development (see attached letter from Greg Jones, CoppeWs Building Official). In summary, the following was granted for Lot 5: Item # 19 Variance to eliminate the designation of "from yard" for the south and east sides of Lot 5, thereby removing the required 60 foot building setback requirements. * Variance to locate the building on Lot 5 ten feet from the west property line, in lieu of the required 20 foot rear yard setback * Special exception to allow three parking spaces in a row on a parking island, as opposed to the City's requirement that there be no less than five parking spaces in a row where there is a parking island. TRANSPORTATION: MacArthur Blvd. is a P6D, shown as a six-lane divided thoroughfare on our Thoroughfare Plan. It is currently an improved four-lane divided roadway contained within a 11 O-foot r.o.w. SURROUNDING LAND USE & ZONING: Noah- mini-warehousing; PD- 151C South - retail; "C", Commercial East - franchise restaurant; "C", Commercial West - TU electric transmission line; "A", Agricultural COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for retail uses. DISCUSSION The currein request is for site plan approval of a 5,000 square foot retail building. This represents a reduction of almost 5,000 square feet from the previous request. The site plan indicates parking at a ratio of one space per 100 square feet. This would allow this site to be used as a restaurant. Any restaurant use will require a Special Use Permit prior to its occupancy. The SUP application will speci~ type of restaurant, floor plan, hours of operation, etc. Generally, the currein plan meets the landscape requiremems, whereas over 32% of the lot is devoted to landscaping. All parking islands contain trees, and a ten foot perimeter has been provided on all four sides of the property and 15% of the lot is non-vehicular landscaping. The Data table on the Landscape Plan indicates the total number of trees provided is 19, however the plan indicates 24 trees. The Data Table needs to be corrected. The only deviation to the Landscape Ordinance being requested is Section 34-1-8(B)(3), which states "single row of parking shall have landscape Item # 19 islands separating no more than 15 space or less than 5 spaces." The Board of Adjustment granted a variance in this regard, allowing for the three spaces in the northern parking lot. The granting of this variance was based on the irregular shape of the lot. The applicant is now requesting consideration for three additional areas which do not meet this requirement. There are two parking spaces separated from the parking rows in the northern lot, as well as a separate eight car parking lot (four on each side) adjacent to the east side of the building. Trees are planned at the ends of these parking rows. Given the configuration of the lot, and the parking and landscape requirements, the existing drainage easement, and the approval granted by the Board of Adjustmere on a similar request, the Planning Staff is of the opinion that the Board of Adjustment would probably have granted variances for these parking spaces, also. Technically, the Board did not grant this variance, and it appears that Board action will be required to approve this plan. The exterior elevations, site lighting and signage will match the existing buildings in this shopping center. The Final Plat indicates a 1.07 acre tract with a proposed 35 foot drainage easement traversing the property in a east-west direction. There are also existing and proposed fire lane and access easements along the south and east property lines. A TXU easement also exists along the west property line. All existing easements need to be labeled with the recorded volume and page numbers. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends approval of the site plan subject to: (1) The granting of a variance by Board of Adjustmere to Section 34-1- 8(B)(3) of the Landscape Ordinance allowing for a row of parking with less than 5 spaces. Staff recommends approval of the final plat subject to: (1) All existing easements being labeled with volume and page number. (2) The plat being a black line verses a blue line prim. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend denial of the request 3) Modify the request 4) Take under advisement for additional information Item # 19 ATTACHMENTS: 1 ) Letter from Greg Jones, dated March 6, 2000, detailing the Board of Adjustment Action of March 2, 2000 2) Engineering Department Comments 3) Overall Site Plan 4) Lot 5 Site Plan 5) Landscape Plan 6) Irrigation Plan 7) Floor Plan 8) Elevations 9) Final Plat, Lot 5, Block 1, Coppell Crossing Addition Item # 19 DEVELOPMENT REVIEW COMMITTEE ENGINEERING COMMENTS ITEM: Coppelt Crossing, Lot 5, Block 1, Final Plat and Site Plan, to allow the development of 5,046 square foot retail building on approximately I acre property located along the west side orS. MacArthur Boulevart~ approximately 580' north of the D.A.R.T. right-of-way, at the request of David Cannon & Associates. DRC DATE: March 30, 2000 and April 6, 2000 CONTACT: Mike Maran, P.E., Assistant Chy Engineer (972-304-3679) COMMEN T S TA TUS.' r~ r~ u r r l /r FA r A r) v,/'FINALD u v rr c ~' m 1. Any existing easements shown on the plat need to be labeled with the recorded volume and page. P.O. Rox 478 CopDell, Texas 75019 972-462-0022 March 6, 2000 _Mr. David C~_non, Archi,.ect 6709 Creekside Lane PIano, TX 75023 Dear Mr. Cannon: The City of Coppeil Board of Adjustment met on Thursday, March 2, 2000, and heard your requests for special exceptions and variances from the City' s Zoning Ordinance, for the property located in Lots 4 and 5 of Coppell Crossing, at the comer oLMacAnhur BIrd. and Beltline Road. The Board voted as follows: 1. Section 34-1-8: Reduction of the landscape requitemints, per thc applicant's plans: Variance dimied 2. Section 23-3-1(A): Vaxiancc to etimi-~t-- the designation of "front yard" for the south and cast sicks of Lot 5, thereby removing tlac raluitat 60-R. buildin_a actback 3. Section/,3-3-1(C): Variance to lec, at~ the building on Lot 5 tea feet frmn the west p~ Zinc, in fiatof the 4. Section M-I-8(BX3): Special exception to allow three parking spaccs in a row cm a parking island, asoplx~d to the City' s rcquircmcat that there bc no less than five parking spac~ in a row whe~ there' s a parl6~ island: Spe6al exception granted 5. Section 33-1(6) and23-3-1: Varianceto ailow forthe plac, mu~ of a dumpster and the required 6-~. screening wall, as well as allowing trash pick-up activities to be within the 30-R. building setbaa on tbe west side of Lot 4: Variancedenied 6. Section 41-3-20)): Special excepticn to reduce the number of pad~ spaces required for Lot 4: Special exception granted, subject to a maximum 4,000 sq. 7. Seaion 29: Variance to the Sign Ordinance: Variance dmicd 8. Section 41-3-2: a. Vatian~rcmtdi~Siatfsc~cmthatthcovcrall squaro footaBe of tho build4,~_ has incrca~ since b. Vatiancctodiowasidcwaitobciocatodovcra drainage/sanitary sewer cammat on the south side of c. Variance to locate a dumpstcr on Lot 2 for utilization by the building on Lot 5: Request dismissed If you have any questions, please feel ~ee to contact me at (972) 304-3500. Sincerely, ne~ Official m AGENDA REQUEST FORM The City With A Beautiful Future CITY COUNCIL MEETING: May 9, 2000 ITEM # ITEM CAPTION: Consider approval of The Townhouses of Coppell, Final Plat, to allow the development of 92 townhouse units and 13 common area loB, on approximately 10 acres of property located along the east side of S. MacArthur Boulevard, approximately 1,700' south of E. Sandy Lake Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, KittreH Clark, Halsey and Stewart voting in favor. None opposed. Approval recommended, subject to the following condition: 1) Compliance with Leisure Services comments regarding a fee of $1,285 per dwelling unit and observance of the Tree Preservation Ordinance. 2) TXU easemems need to be shown on the Plat. Staff recommends approval. Agenda Request Form d 2 99 Document Name: @THofCfp CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: THE TOWNHOUSES OF COPPELL, FINAL PLAT P & Z HEARING DATE: April 20, 2000 C.C. HEARING DATE: May 9, 2000 LOCATION: Along the east side of S. MacArthur Boulevard, approximately, 1,700' south of E. Sandy Lake Road. SIZE OF AREA: Approximately 10 acres of property to accommodate 92 units and 13 common areas. CURRENT ZONING: PD-TH-2 REQUEST: Final Plat approval. APPLICANT: Owner: Engineer: C.N. Lemp Development, Inc. N.D. Maier, Engineers 4101 McEwen, Suite 110 Mike Daniels, P.E. Dallas, Texas 75244 8080 Park Lane, Ste. 600 (972) 404--8338 Dallas, Texas 7523 1 Fax: (972) 404-1833 (214) 739-4741 Fax: (214) 739-5961 HISTORY: In January of this year zoning on this parcel was changed from MF-2 to PD-TH2 to accommodate 92 townhouse lots. A new school (Riverchase Elementary) is being constructed south of this site. TRANSPORTATION: MacArthur Boulevard is a P6D, major thoroughfare currently built as a four lane divided street, and contained within a 100-foot r.o.w. SURROUNDING LAND USE & ZONING: North- Wellington Place aparunents; MF-2 South -elementary school under construction; SF-7 East - vacant residential land; PD 114 (SF-7) West -single family residences; SF-7 Page # 20 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for residential development DISCUSSION: This is a request to approve a final plat on the subject property for construction of 92 townhouses, with 13 common areas to be maintained by the homeowner's association. The merits of the zoning change and preliminary plat were discussed with those applications, so this review centers on the plat approval process. The applicant has abided by all staff conditions for approval, so this plat is ready for final disposition of the Commission and City Council. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: This plat meets all the subdivision criteria spelled out by the Subdivision Ordinance or the special conditions attached to the plan by the PD zoning. That being the case, we would recommend approval of this f'mal plat, subject to departmental comments (Leisure Services, TXU) ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request ATTACHMENTS: 1) Final Plat Document 2) Departmental Comments (Leisure Services and TX/-J) Page # 20 03/30/00 08:53 CITY OF COPPELL ~ 972 304 7092 1',10.067 ~13 DEVELOPMENT REVIEW LEISilRE SERVICES ~.' The Tou,nhouses of Coppell, Final P/at MAR 3 0 2000 DRC DATE: March 30, 2000 CONTACT: Bma Reid, Park Planning and Landscape Manager COMMENT STATLI~;: PP, ELIMINARY___~ ~ ~ The developer is reminded that the Park Dedication Ordinance is in effect on this development requiring $1,285 per dwelling unit. The developer is reminded of the requirement of following the stipulations of the Tree Preservation Ordinance as outlined during the preliminary plat process. BFR DRCO33000m L TXU TXU Electric & Gas 4200 North Belt Line Irving, TX 75038 Comems for City of Coppell Development Review Committee March 30, 2000 The Town houses of Coppell, Final Plat, Easements needed. Please contact Rick Fielding at 972-888-1344. Bobby Oney ETING: May 9, 2000 ITEM # $ 7,, ITEM CAPTION: Consider approval of a Resolution on delaying Congressional action on Intemet tax moratorium, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTSb3/~k DIR. INITIALS: FIN. REVIEW: c~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: !Intemet RESOLUTION NO. A RESOLUTION ON DELAYING CONGRESSIONAL ACTION ON INTERNET TAX MORATORIUM. WHEREAS, out-of-state remote sellers who conduct sales via the Internet, mail order, and phone are not required by law to collect existing sales and use taxes imposed by state and local governments; and WHEREAS, the primary barrier to collecting taxes on remote sales is the Supreme Court's ruling in Quill v. North Dakota which defers to Congress to authorize states to require remote sellers to collect taxes in a manner that does not unduly burden Interstate commerce; and WHEREAS, state and local governments are working together to implement a streamlined sales tax system that would simplify definitions, tax rates and tax bases and use 21st Century technology in the collection process; and WHEREAS, current laws create a competitive disadvantage and great inequities between merchants who sell from traditional "brick and mortar" establishments and those who sell from electronic stores; and WHEREAS, increasing sales on the Internet, and the resulting erosion of sales and use tax revenues, will limit the ability of states and governments and school districts to finance essential public services such as police, fire, emergency medical service, education, social services, infrastructure development, and health care; and WHEREAS, a recent University of Tennessee study estimates that state sales tax revenue losses in 2003 will exceed $10 billion; and WHEREAS, the Advisory Commission on Electronic Commerce failed to reach a legally required consensus on fair and equitable treatment of both remote sellers and "Main Street" retailers and also proposed that Congress preempt state and local sovereignty guaranteed by the U. S. Constitution. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS SLIPPORTS SIMPLIFICATION OF STATE AND LOCAL SALES TAXES, AND URGES STATES TO MOVE EXPEDITIOUSLY TO DEVELOP AND APPROVE MODEL SIMPLIFICATION LEGISLATION; AND BE IT FURTHER RESOLVED that Congress should not extend or expand the current moratorium until its expiration in October 2001; and BE IT FURTHER RESOLVED that if state and local governments choose to negotiate a brief extension of the existing moratorium as part of a broader bill, such an extension: · Should only be effective for a short period of time (no more than two years); and Must be linked to states' successfully implementing sales tax simplification, which would trigger Congressional authorization of expanded duty to collect use taxes on remote sales DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the day of May 2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: l .ruBY BAI J., CITY SECRETARY APPROVED AS TO FORM: ROBERT E. i-I~liR, CITY ATTORNEY AGENDA REQUEST FORM. CITY COUNCIL MEETING: 2000 ITEM # CITY MANAGER'S REPORT A. Coppel l Art Center. B. Status of Freeport Exemption Program. CITY MANAGER'S REVIEW: ~v~S~E]3 3/98 FREEPORT EXEMPTION LIPDATE May 3, 2000 As of April 21, 2000, all parties had been sent the agreement by certified mail and all agreements were received (except as noted). The following details the status of each agreement as of today. 1. American Honda - Contacted on April 2 1 by Chris Newsom, attorney representing American Honda. He did not see any major problems with the agreement and would recommend they sign the agreement. He would have to forward the agreement to California for signature. 2. General Cable - Resent agreement because original was lost by General after it was signed. 3. Craftmade - Kathy Oher was getting more internal feedback. This one may require a personal visit. 4. Gulf Bearing - Completed. 5. Mannatech - Ron Norman got back in town on 5-1 after a 2 week business trip. He said they would sign the agreement. 6. Fresenuis Medical Care - Left message with Nancy Morris on 5-2. Initial contact in April was very positive. 7. TSI Prime - See Craftmade. 8. Quill - Left Message with Keith Onysio on 5-2. Initial contact in April was positive. 9. Mentor HS - Left message on 5-3 with Tammy Smith. Initial contact in April was positive. 10. TST Impreso - Completed. 11. Canon USA - Left messages with no response in April and May. 12. Willamette Industries - Talked with Lisa Beatty on 5-2. She asked for 2 weeks to look at the agreement. Felt positive but needed more time. 13. Rediform - Positive. 14. Cadillac Plastics - Resent agreement for signature by corporate official. 15. Machine Automation Technologies - Left message with Ken Koelling on 5-2. Initial contact in April was positive. 16. Hubbell - Initial contact in April was positive but Mike Sheer did not know fithey were going to stay in Irving. They have made a decision to stay and will sign the agreement. 17. Toyo Tire - Initial conversation with their tax consultant was not positive. He said they would not sign. A special letter will be sent to a contact at Toyo. 18. Essex Group - Completed. 19. Simmons - Left message with Roger Franklin in April and May. 20. Professional Installation - Completed. 21. John Harland - Talked with Denise Mununert on 5-2. The agreement is in legal review at this time. Felt positive. 22. Nabisco - Heard back from Tricia Burr on 5-3. Agreement is in legal review. Felt positive. NUMBER OF AGREEMENTS RETURNED AND ACCEPTABLE - 4 Tim Brancheau Brancheau Consulting Services May 3, 2000 AGENDA REQUEST FORM CITY COUNCIL MEETING: 2000 ITEM # MAYOR AND COUNCIL REPORTS A. Youth Walk for Wise Choices requested by Mayor Sheehan. B. Tournament of Roses Parade requested by Mayor Sheehan. C. Comment by Councilmember Stover regardin8 Election Results. D. Comment by Councilmember Stover reSarding Homestead Exemption. CITY MANAGER' S 'REVIEW: RIB/ISED 3/9~