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.
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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.
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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.
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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.
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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.
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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.
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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
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~ 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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
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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
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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.
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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.
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(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. Thereby, we
L,~.licvc fi~is validating evidence supports out' request to reduce the warehouse parking
reqtnrcmcnt to a maximum of one space per 5,000 square feet of warehouse area.
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AGENDA REQUEST FORM
ETING: May 9, 2000 ITEM # _~ ~
ITEM CAPTION:
Consider approval of the Coppall 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.
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:
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t~43tie~l~h'4ng. (CONDITION MET)
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e "rope owner ............... masonry ....
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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~