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CP 2024-01-23City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, January 23, 2024 WES MAYS JOHN JUN Mayor Mayor Pro Tem JIM WALKER KEVIN NEVELS Place 1 Place 4 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Work Session, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. As authorized by Section 551.127, of the Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1.Call to Order 2.Work Session (Open to the Public) 1st Floor Conference Room Citizen comments will not be heard during the Work Session, but will be heard during the Regular Session under Citizens' Appearance. A.Discussion of agenda items. B.Update regarding communications strategy and community Page 1 City of Coppell, Texas Printed on 1/19/2024 January 23, 2024City Council Meeting Agenda engagement. C.Discussion of NTECC Building. D.Update regarding Veterans Memorial project design. E.Discussion of United States Conference of Mayors 92nd Winter Meeting. Communications Memo.pdf NTECC Memo.pdf Veterans Memo.pdf US Conf of Mayors Meeting.pdf Attachments: Regular Session 3.Invocation 7:30 p.m. 4.Pledge of Allegiance Presentations 5.Smart City Board Recommendations Presentation. 6.Citizens’ Appearance 7.Consent Agenda A.Consider approval of the Minutes: January 9, 2024. CM 2024-01-09.pdfAttachments: B.Consider approval to purchase and install thirty-eight (38) APC Battery Backup Systems from Consolidated Traffic Controls, Inc.; through HGAC Buy Contract #PE-05-21; in the amount of $200,374.00; as provided for in the General Fund, Assigned Fund Balance; and authorizing the City Manager to sign any necessary documents. Memo.pdf Quote.pdf Attachments: C.Consider approval of awarding Playground Solutions of Texas; for the installation of vehicle shade structures in Police Department parking lot; utilizing BuyBoard Contract #679-22; in the amount of $153,878.68; as provided for in the ARPA Fund; and authorizing the City Manager to sign any necessary documents. Memo.pdf Quote.pdf 3PD Parking Cover - Sample.pdf Attachments: D.Consider approval of a Development Agreement between the City of Page 2 City of Coppell, Texas Printed on 1/19/2024 January 23, 2024City Council Meeting Agenda Coppell and COP Lovett 121 Logistics Park, LLC for the purchase of a water line in an amount not to exceed $472,000 as provided for through fee waivers and Water Sewer Retained Earnings Fund; and authorize the Mayor to sign. Memo.pdf Development Agreement.pdf Attachments: End of Consent Agenda 8.Consider approval of a Resolution ordering a General Municipal Election to be held on May 4, 2024, for Mayor and City Council Places 2, 4, and 6; and authorizing the Mayor to sign and execute a Joint Election Agreement with Dallas and Denton Counties. Considerar la aprobación de una Resolución donde convoca una Elección General para miembros del consejo de los Lugares 2, 4, y 6 y para alcalde; para el sábado 4 de mayo del 2024; y autorizar al alcalde para firmar y ejecutar un contrato de Elección Conjunta con los condados de Dallas y Denton. THEO ĐÂY RA QUYẾT ĐỊNH rằng cuộc tổng tuyển cử sẽ được tổ chức vào ngày 4 tháng 5 năm 2024, tối, với mục đích bầu một thị trưởng, một Ủy Viên Hội Đồng cho Vị Trí 2, một Ủy Viên Hội Đồng cho Vị Trí 4, một Ủy Viên Hội Đồng cho Vị Trí 6, với nhiệm kỳ ba năm. Ứng viên cho một vị trí nhận được đa số trong tổng số phiếu bầu cho tất cả ứng viên cho vị trí đó sẽ được chọn để đảm nhận nhiệm kỳ đó hoặc cho đến khi người kế nhiệm của người đó được bầu hợp lệ và đủ tiêu chuẩn. Cuộc bầu cử sẽ được tổ chức dưới hình thức Bầu Cử Chung do Quản Trị Viên Bầu Cử của Quận Dallas và Denton quản lý, tương ứng, theo các điều khoản của Bộ Luật Bầu Cử Texas và Thỏa Thuận Bầu Cử Chung với mỗi quận. Memo.pdf Estimated Cost.pdf Resolution.pdf Resolution - Spanish.pdf Resolution - Vietnamese.pdf Attachments: 9.Consider the cancellation of the March 12, 2024, City Council Meeting due to the date falling during Spring Break. Memo.pdfAttachments: 10.City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 11.Mayor and Council Reports on Recent and Upcoming Events. Page 3 City of Coppell, Texas Printed on 1/19/2024 January 23, 2024City Council Meeting Agenda 12.Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A.Report on Coppell Seniors - Mayor Pro Tem John Jun and Councilmember Kevin Nevels B.Report on Coppell Arts Center Foundation - Councilmember Jim Walker 13.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 14.Necessary Action from Executive Session 15.Adjournment ________________________ Wes Mays, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 19th day of January, 2023, at _____________. ______________________________ Ashley Owens, City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services seventy-two (72) hours – three (3) business days ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Page 4 City of Coppell, Texas Printed on 1/19/2024 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7297 File ID: Type: Status: 2023-7297 Agenda Item Work Session 1Version: Reference: In Control: City Council 01/16/2024File Created: Final Action: WKS 1/23/24File Name: Title: A.Discussion of agenda items. B.Update regarding communications strategy and community engagement. C.Discussion of NTECC Building. D.Update regarding Veterans Memorial project design. E.Discussion of United States Conference of Mayors 92nd Winter Meeting. Notes: Sponsors: Enactment Date: Communications Memo.pdf, NTECC Memo.pdf, Veterans Memo.pdf, US Conf of Mayors Meeting.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7297 Title A.Discussion of agenda items. B.Update regarding communications strategy and community engagement . C.Discussion of NTECC Building. D.Update regarding Veterans Memorial project design. E.Discussion of United States Conference of Mayors 92nd Winter Meeting. Summary Page 1City of Coppell, Texas Printed on 1/19/2024 1 MEMORANDUM To: Mayor and City Council From: Hannah Cook, Chief Communications Strategist Date: January 23, 2024 Reference: Update regarding communications strategy and community engagement. 2040: Sustainable Government Introduction: City Council has expressed a desire for increased community engagement. In 2023, City Council provided the Community Information Office with feedback and direction that was used to refine communication processes and enhance community engagement efforts. The purpose of this update is to provide City Council with an overview of the Fiscal Year 2023-2024 Strategic Communications Plan, including division goals, tools used and proposed, examples of information to be communicated throughout the year, and measurement techniques. Community Benefit: By refining marketing efforts based on City Council feedback, the Community Information Office aims to more effectively communicate City Council objectives, programs and events, and other important City news to residents while also encouraging community participation and engagement. Legal Review: Not applicable Fiscal Impact: Not applicable Recommendation: Not applicable 1 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Deputy City Manager Date: January 23, 2024 Reference: Discussion of NTECC Building 2040: Sustainable Government Staff will provide an update on plans to build an NTECC facility to accommodate long-term needs. 1 MEMORANDUM To: Mayor and City Council From: Jessica Carpenter, Director of Community Experiences Date: January 23, 2024 Reference: Update regarding Veterans Memorial project design 2040: Foster an Inclusive Community Fabric Introduction: The purpose of this agenda item is to provide an update to City Council on the status of the Veterans Memorial project. Staff are seeking feedback from Council regarding next steps to close out the design process. Background: At the December 12, 2023 City Council meeting, Council asked for Olsson Studio to prepare additional design concepts for the memorials representing the six military service branches. Olsson Studio has prepared alternate design concept options for Council consideration. Staff are seeking feedback from Council regarding a preferred design for the six (6) memorials so that construction documents can be finalized. Benefit to the Community: This project will provide a dedicated space in Coppell to honor the current and former service and sacrifice of military members and their loved ones. Legal Review: No legal review is required for this item. Fiscal Impact: N/A Recommendation: This is an informational update only. 1 MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: January 23, 2024 Reference: Discussion of US Conference of Mayors 92nd Winter Meeting 2040: Sustainable Government Mayor Wes Mays will provide a summary of the US Conference of Mayors 92nd Winter Meeting for discussion. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7258 File ID: Type: Status: 2023-7258 Agenda Item Presentations 1Version: Reference: In Control: City Council 12/29/2023File Created: Final Action: PresentationFile Name: Title: Smart City Board Recommendations Presentation. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 01/23/2024City CouncilPostponed01/09/2024City Council Text of Legislative File 2023-7258 Title Smart City Board Recommendations Presentation. Summary Apply 'Smart City' Approach to Resource Management Page 1City of Coppell, Texas Printed on 1/19/2024 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7298 File ID: Type: Status: 2023-7298 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 01/16/2024File Created: Final Action: Minutes 1/9/24File Name: Title: Consider approval of the Minutes: January 9, 2024. Notes: Sponsors: Enactment Date: CM 2024-01-09.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7298 Title Consider approval of the Minutes: January 9, 2024. Summary Page 1City of Coppell, Texas Printed on 1/19/2024 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 6:00 PM Council ChambersTuesday, January 9, 2024 WES MAYS JOHN JUN Mayor Mayor Pro Tem JIM WALKER KEVIN NEVELS Place 1 Place 4 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Wes Mays;Jim Walker;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;John Jun;Biju Mathew and Mark Hill Present 8 - Also present were Deputy City Managers Traci Leach and Kent Collins, City Attorney Bob Hager, and City Secretary Ashley Owens. The City Council of the City of Coppell met in Regular Session on Tuesday, January 9, 2024, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Executive Session at 6:00 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.087, Texas Government Code - Economic Development Negotiations. Discussion regarding economic development prospects north of S.H. 121 and west of N. Denton Tap Rd. Discussed under Executive Session Page 1City of Coppell, Texas January 9, 2024City Council Minutes Work Session (Open to the Public) 1st Floor Conference Room Citizen comments will not be heard during the Work Session, but will be heard during the Regular Session under Citizens' Appearance. 3. Mayor Wes Mays adjourned the Executive Session at 6:14 p.m. and convened into the Work Session at 6:17 p.m. A.Discussion regarding agenda items. B.Discussion regarding American Rescue Plan (ARP) Act allocation of remaining balance. C.Discussion regarding upcoming City Council retreat agenda. Presented in Work Session Regular Session Mayor Wes Mays adjourned the Work Session at 7:25 p.m. and convened into the Regular Session at 7:30 p.m. Invocation 7:30 p.m.4. Councilmember Don Carroll gave the Invocation. Pledge of Allegiance5. Mayor Wes Mays led the audience in the Pledge of Allegiance. Proclamations 6.Presentation of a Proclamation designating January 9, 2024, as “Michael Higgins Day”. Mayor Wes Mays read the Proclamation into the record and presented the same to Michael Higgins and his guests. 7.Presentation of a Proclamation designating January 13, 2024, as “Korean American Day”. Mayor Wes Mays read the Proclamation into the record and presented the same to Mayor Pro Tem John Jun and guests. Presentations 8.Smart City Board Recommendations Presentation. This item will be presented at the January 23, 2024, City Council meeting. Citizens’ Appearance9. Mayor Wes Mays stated that no one sighed up to speak. Page 2City of Coppell, Texas January 9, 2024City Council Minutes Consent Agenda10. A.Consider approval of the Minutes: December 12, 2023. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. B.Consider approval of an Ordinance for PD-250R26R-H, Old Town Main Street (767 West Main St), to allow for a 775 square-foot ice cream shop and 2,359 square feet of speculative restaurant uses on approximately 0.25 acres of property located at 767 West Main Street; and authorizing the Mayor to sign. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. Enactment No: OR 91500-A-810 C.Consider approval of an Ordinance for PD-311R-LI, a zoning change request from PD-311-LI (Planned Development- 311- Light Industrial) to PD-311R-LI (Planned Development- 311 Revised- Light Industrial) to allow an overhead tank line from the accessory tank farm structure to the existing office warehouse on approximately 8 acres on a portion of Lot 3R1, Block 8 located at 508 Wrangler Drive; and authorizing the Mayor to sign. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. Enactment No: OR 91500-A-811 D.Consider approval to purchase 17 Ford Interceptor and 4 Ford Explorer Vehicles from Silsbee Ford; through TIPS Purchasing Cooperative for replacement of existing vehicles; as provided for in the Capital Replacement Fund; in the amount of $1,108,220.25; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. E.Consider approval of a Pierce Enforcer TDA 107’ Fire Truck from Siddons Martin Emergency Group; through BuyBoard #651-21; for replacement of existing vehicle; as provided for in the Capital Replacement Fund; in the amount of $2,360,597.00; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Kevin Nevels, seconded by Page 3City of Coppell, Texas January 9, 2024City Council Minutes Councilmember Don Carroll, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. F.Consider approval to purchase three (3) Portable Message Boards from Buyers Barricades; through BuyBoard Contract #703-23; for replacement of existing message and arrow boards; in the amount of  $54,822.75; as provided for in the General Fund, Fund Balance; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. G.Consider approval of purchase and replacement of 25 McCain Advance Transportation Controllers (ATC) Traffic Signal Cabinets from Consolidated Traffic Controls, Inc.; through HGAC Buy Contract #PE-05-21; in the amount of $518,825.00; as provided for in the General Fund, Fund Balance; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. H.Consider approval of awarding a contract to Custard Construction Services through TIPS Contract #211001; for structural repairs at the Wagon Wheel Baseball Concession stand; in the amount of $73,988.35; provided for in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. I.Consider approval of an award to Custard Construction Services for the bridge deck replacement of the North Levee Trail bridge, in the amount of $87,409.56 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through the TIPS, Contract No. 211001; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. J.Consider approval of an award to The Playwell Group, Inc. for the replacement of forty (40) picnic tables with benches and ten (10) individual benches in the City’s park system, in the amount of $78,886.86 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22; and authorizing the City Manager to sign any necessary Page 4City of Coppell, Texas January 9, 2024City Council Minutes documents. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. End of Consent Agenda 11.PUBLIC HEARING: Consider approval of PD-210R3-SF-9, Lot 45, Block 1, Anderson Addition (309 Kaye Street), a zoning change request from PD-210-SF-9 (Planned Development - 210 - Single-Family - 9) to PD-210R3-SF-9 (Planned Development - 210 Revision 3- Single-Family 9) to consider allowing a 54.3% lot coverage in lieu of the 35% allowed on 0.21 acres, located on Lot 45, Block 1, Anderson Addition (309 Kaye Steet), at the request of Lina Merhi, the property owner. Development Services Administrator Matt Steer gave a presentation to City Council. The applicant, Lina Merhi, 309 Kaye Street, was present to answer any questions of City Council. Mayor Wes Mays opened the Public Hearing and stated that no one had signed up to speak. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Jim Walker, to close the Public Hearing and approve the agenda item with no outstanding conditions. 12.Consider approval of a Resolution casting a vote for the fourth member of the Board of Directors for the Dallas Central Appraisal District; and authorizing the Mayor to sign. City Council declined to cast a vote in the Runoff Election for the Dallas Central Appraisal District Board of Directors, therefore no action was taken. City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 13. Deputy City Manager Kent Collins gave the following project updates: The Duck Pond Park Improvements - This project is at approximately 95% completion. Staff are working with the contractor on a few remaining punch list items. The park is open to users. S. Belt Line – The contractor has begun working on the southbound lanes north of the 635 interchange. DART - They will be closing Royal Lane down this Friday, January 12th to install the tracks and will re-open on Monday the 15th. 500 Southwestern (The Hangar, Art Annex)- The contractor has started demo on Page 5City of Coppell, Texas January 9, 2024City Council Minutes the interior. Woodhurst – We issued a notice to proceed yesterday, and the contractor has started to mobilize. They will begin the sanitary sewer installations later this week depending on the weather. Winter Weather – We are preparing for the potential winter weather anticipated over the weekend leading into next week. Mayor and Council Reports on Recent and Upcoming Events.14. City of Coppell administrative offices, Coppell Municipal Court, Coppell Animal Services, Biodiversity Education Center, Coppell Arts Center, Cozby Library and Community Commons, and Coppell Senior and Community Center will be closed Monday, January 15, in observance of Martin Luther King Jr. Day. Regular business hours will resume on Tuesday, January 16. Wagon Wheel Tennis and Pickleball Center will be open 9 am – 9 pm, and The CORE will be open 7 am – 7 pm on Monday, January 15. For the upcoming May 4, 2024, Election, the filing period will begin on Wednesday, January 17, 2024, and go through Friday, February 16, 2024. Visit the Election webpage for more information. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 15. Nothing to report. Necessary Action from Executive Session16. There was no action resulting from Executive Session. Adjournment There being no further business before this Council, the meeting adjourned at 8:14 p.m. ________________________ Wes Mays, Mayor ATTEST: ________________________ Ashley Owens, City Secretary Page 6City of Coppell, Texas Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7293 File ID: Type: Status: 2023-7293 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 01/16/2024File Created: Final Action: Battery Backup SystemsFile Name: Title: Consider approval to purchase and install thirty-eight (38) APC Battery Backup Systems from Consolidated Traffic Controls, Inc.; through HGAC Buy Contract #PE-05-21; in the amount of $200,374.00; as provided for in the General Fund, Assigned Fund Balance; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Quote.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7293 Title Consider approval to purchase and install thirty-eight (38) APC Battery Backup Systems from Consolidated Traffic Controls, Inc.; through HGAC Buy Contract #PE-05-21; in the amount of $200,374.00; as provided for in the General Fund, Assigned Fund Balance; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda Item is $200,374.00 from the General Fund, Assigned Fund Balance. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 1/19/2024 Master Continued (2023-7293) Sustainable Government Page 2City of Coppell, Texas Printed on 1/19/2024 1 MEMORANDUM To: Mayor and City Council From: Patrick Runion, Traffic Operations Supervisor Mike Garza, P.E., Director of Public Works Date: January 23, 2024 Reference: Consider approval to purchase and install thirty-eight (38) APC Battery Backup Systems from Consolidated Traffic Controls, Inc. through HGAC Buy Contract #PE- 05-21; in the amount of $200,374.00; as provided for in the General Fund, Assigned Fund Balance; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to consider approval for the purchase and installation of APC Battery Backup Systems for our traffic signals through the HGAC Buy Purchasing Contract #PE-05- 21 from Consolidated Traffic Controls, Inc. Background: The City of Coppell’s Public Works Department maintains 38 signalized intersections. The current battery backup systems for our traffic signals have become increasingly unreliable and have started to fail. These systems are 15-20 years old and have reached the end of their useful life. Benefit to the Community: Battery backup up systems are essential in keeping our city’s traffic signals working during power outages and to improve continuity of operation during unstable power delivery. Without battery backup systems the traffic signals go dark and cause confusion for the public driving through the intersection. The new battery backup systems are equipped with advanced monitoring software. This enhancement enables the Traffic Operations Department to have real-time visibility and control over the health of the system. By proactively monitoring and managing the backup systems, the department can ensure that traffic signals remain operational even in emergencies and power outages. This not only enhances public safety but also minimizes disruptions and confusion during critical situations. Legal Review: The Procurement Division has reviewed the documents and determined that this is an appropriate method of contracting with the vendor. 2 Fiscal Impact: The fiscal impact of this Agenda Item is $200,374.00 from the General Fund, Assigned Fund Balance. Recommendation: The Public Works Department recommends approval of this item. Contract No.:PE-05-21 Date Prepared:1/11/2024 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Line Number Quan Description Unit Pr Total 2915 38 710011 Complete UPS w/ APC Secure UPS 1300VA/1300 W 120 VAC In/Out RM Plus Bypass Unit with 12' Harne 2,999.00$ 113,962.00$ 2925 152 13-8A30 HEI MK 105 Amp 12V Batteries 291.00$ 44,232.00$ 3278 190 CTCINSTALL On Site Time One Man and Pickup Truck (2 Hr minimum including drive time)180.00$ 34,200.00$ 192,394.00$ Quan Unit Pr Total 38 Pricing increase for APC 150.00$ 5,700.00$ 152 Pricing increase on MK Batteries 15.00$ 2,280.00$ -$ -$ 7,980.00$ 4% Quan Unit Pr Total -$ -$ -$ 200,374.00$ Subtotal C: Delivery Date: 30 to 45 Days ARO D. Total Purchase Price (A+B+C): Total From Other Sheets, If Any: Subtotal B: Check: The total cost of Unpublished Options (Subtotal B) cannot exceed 25% of the total from Section A.For this transaction the percentage is: C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges Description Subtotal A: B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Description Catalog / Price Sheet Name:Traffic Control, Enforcement & Signal Preemption Equipment General Description of Product:Traffic Control Equipment A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary Total From Other Sheets, If Any: - 972-304-3637 800-448-8841 800-448-8850 patrick.runion@coppelltx.gov Brandon.Graham@ctc-traffic.com CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Coppell Consolidated Traffic Controls, Inc. Patrick Runion Brandon Graham Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7295 File ID: Type: Status: 2023-7295 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 01/16/2024File Created: Final Action: PD Parking Shade StructureFile Name: Title: Consider approval of awarding Playground Solutions of Texas; for the installation of vehicle shade structures in Police Department parking lot; utilizing BuyBoard Contract #679-22; in the amount of $153,878.68; as provided for in the ARPA Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Quote.pdf, 3PD Parking Cover - Sample.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7295 Title Consider approval of awarding Playground Solutions of Texas; for the installation of vehicle shade structures in Police Department parking lot; utilizing BuyBoard Contract #679-22; in the amount of $153,878.68; as provided for in the ARPA Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda Item is $153,878.68, funded through ARPA Funds. Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 1/19/2024 Master Continued (2023-7295) Sustainable Government Page 2City of Coppell, Texas Printed on 1/19/2024 1 MEMORANDUM To: Mayor and City Council From: Steve Shore, Facilities Manager Michael Garza, P.E., Director of Public Works Danny Barton, Chief of Police Date: January 23, 2024 Reference: Consider approval of awarding Playground Solutions of Texas; for the installation of vehicle shade structures in the Police Department parking lot; utilizing BuyBoard Contract #679-22; in the amount of $153,878.68; as provided for in the ARPA Fund; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to consider approval of awarding a contract to Playground Solutions of Texas for the installation of vehicle shade structures in the Police Department parking lot. • This is for the purchase and installation of (1) 63’ X 20’ and (2) 36’ X 20’ shade structures. • Installation of shade structure over parked patrol cars to protect computers and other electronic devices installed in patrol cars from being damaged by sun exposure and excessive temperatures. • The specified fabric covering Class IV, tested to with stand impacts of a 2” diameter steel ball dropped from 20 feet, the highest standard for impact resistance for fabric coverings. • To be paid for by ARPA funds assigned for this purpose. Background: The City of Coppell’s police vehicles have numerous electronic devices installed in them to aid officers in their response to calls and in the performance of their duties. It was determined that these devices were subject to and suffering early failures in their life span due to the excessive temperatures inside the vehicles from being parked for extended amounts of time in the day during summer months. These shade structures are also hail resistant (rated Class IV, the highest rating) and will add another layer of protection to the vehicles. 2 The Public Works Department worked with the Police Department to select a structure specifically designed with their vehicles and parking spaces in mind. The vendor selected has worked with the Community Experiences Department on numerous playground projects and in addition to supplying a quality product and workmanship they have an understanding of the City’s aesthetic goals as well. A sample photo of a parking lot installation is provided. Benefit to the Community: These structures will reduce downtime of critical equipment essential to response times, information gathering and communication in emergency situations. In addition, they will reduce the possibility of hail damage. Legal Review: The Procurement Division has reviewed the documents and determined that this is an appropriate method of contracting with the vendor. Fiscal Impact: The fiscal impact of this agenda item is $153,878.68, funded through ARPA Funds. Recommendation: The Police Department and Public Works Department recommend approval of this item. Estimate Date 11/30/2023 Estimate #231052 Name / Address Coppell Police Department 255 East Parkway Blvd Coppell TX 75019 Ship To Coppell Police Department 130 Town Center Blvd Coppell, TX 75019 Playground Solutions of Texas, Inc PO Box 92458 Southlake, TX 76092 Terms 50/Net 30 Exp Date 1/31/2024 Job Number 231052 469-375-4590 info@pstxi.com http://pstxi.com TOTAL Subtotal Sales Tax (0.0%) ACCEPTED BY: ____________________ ACCEPTED DATE:__________________ Product Description Qty Rate Amount BuyBoard BUYBOARD CONTRACT NO.679-22 EFFECTIVE 10/1/2022 - 9/30/2024 0.00 0.00 HIP ROOF ...20' x 36' Type 1 Hip Roof Cantilever with (2) columns and (1) Canopy - 9' Eave - Pier Mounted Columns 2 18,414.93 36,829.86 HIP ROOF ... 20ft x 63ft Type 1 Hip Roof Cantilever with (3) columns and (2) Canopies - 9ft Eave - Pier Mounted Columns 1 32,226.14 32,226.14 HIP ROOF ...HIP ROOF CANTI 20"x72" TYPE 1 HIP ROOF CANTILEVER WITH (4) COLUMNS AND (3) CANOPIES - 9' EAVE - PIER MOUNTED COLUMNS (ANCHORING HARDWARE NOT INCLUDED) 1 37,597.15 37,597.15 ELECTRICA... ELECTRICAL ACCESS 1 5,950.00 5,950.00 SED CALCU...SED CALCULATIONS-SHADE SYSTEMS 3 900.00 2,700.00 DISCOUNT...DISCOUNTS GIVEN -1 11,530.32 -11,530.32 Page 1 Estimate Date 11/30/2023 Estimate #231052 Name / Address Coppell Police Department 255 East Parkway Blvd Coppell TX 75019 Ship To Coppell Police Department 130 Town Center Blvd Coppell, TX 75019 Playground Solutions of Texas, Inc PO Box 92458 Southlake, TX 76092 Terms 50/Net 30 Exp Date 1/31/2024 Job Number 231052 469-375-4590 info@pstxi.com http://pstxi.com TOTAL Subtotal Sales Tax (0.0%) ACCEPTED BY: ____________________ ACCEPTED DATE:__________________ Product Description Qty Rate Amount SHIPPING SHIPPING 10,000.00 10,000.00 INSTALLATI... INSTALLATION OF CANOPIES (4) CANOPIES 1 18,675.17 18,675.17 CONCRETE CONCRETE PIERS FOR (4) CANOPIES 1 21,430.68 21,430.68 INSTALLATI...INSTALLATION TERMS Acceptance of this proposal includes acceptance of attached Terms and Conditions Form ITCAC 02/24/2020. 0.00 0.00 PRICING N...DUE TO SUPPLY CHAIN PRICE INCREASES ALL PSTXI QUOTES CAN ONLY BE HONORED TO THE EXPIRATION DATE LISTED ABOVE. WE WILL RE-QUOTE UPON REQUEST AND MAKE EVERY EFFORT TO STAY AS CLOSE TO ORIGINAL QUOTED PRICING. PSTXI APPRECIATES YOUR UNDERSTANDING AND YOUR BUSINESS. 0.00 0.00 Page 2 $153,878.68 $153,878.68 $0.00 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7296 File ID: Type: Status: 2023-7296 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 01/16/2024File Created: Final Action: Purchase Agreement - Lovett Development water line File Name: Title: Consider approval of a Development Agreement between the City of Coppell and COP Lovett 121 Logistics Park, LLC for the purchase of a water line in an amount not to exceed $472,000 as provided for through fee waivers and Water Sewer Retained Earnings Fund; and authorize the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Development Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7296 Title Consider approval of a Development Agreement between the City of Coppell and COP Lovett 121 Logistics Park, LLC for the purchase of a water line in an amount not to exceed $472,000 as provided for through fee waivers and Water Sewer Retained Earnings Fund; and authorize the Mayor to sign. Summary Lovett Industrial will bore under S.H. 121 and build a 12” water line for the City of Coppell. The City will be paying for actual costs associated with the water line in an amount not to exceed $472,000. Fiscal Impact: An amount not to exceed $472,000 will be provided for through fee waivers and Retained Earnings of the Water Sewer Fund. Staff Recommendation: Staff recommends approval. Page 1City of Coppell, Texas Printed on 1/19/2024 Master Continued (2023-7296) Strategic Pillar Icon: Create Business and Innovation Nodes Sustainable Government Page 2City of Coppell, Texas Printed on 1/19/2024 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: January 23, 2024 Reference: Consider approval of a Development Agreement between the City of Coppell and COP Lovett 121 Logistics Park, LLC for the purchase of a water line in an amount not to exceed $472,000 as provided for through fee waivers and Retained Earnings of the Water Sewer Fund; and authorize the Mayor to sign. 2040: Create Business and Innovation Nodes and Sustainable Government Introduction: The purpose of this agenda item is for City Council consideration and approval of a Development Agreement between the City of Coppell and Lovett Industrial for the construction of a water line that will create redundancy and improved water quality. This water line will bore under S.H. 121. Background: Lovett Industrial was recently approved to construct Lovett 121 Logistics Park, which will contain three (3) buildings on 17.7 acres at the northeast corner of S.H. 121 and Business 121. As with all development, Lovett is required to create a looped water system for their project to ensure adequate water supply redundancy and improved water quality, but in order to create the looped line a bore under S.H. 121 with a 12” water line is required. Lovett will build the water line, and the City will share in the cost through a combination of fee waivers and undesignated retained earnings of the Water Sewer Fund. The city’s share will be based on actual costs and will not exceed $472,000. Benefit to the Community: This will create redundancy in the water system and improve water quality. Legal Review: The City Attorney reviewed the agreement. Fiscal Impact: An amount not to exceed $472,000 will be provided for through fee waivers and Retained Earnings of the Water Sewer Fund. Recommendation: Staff recommends approval. PAGE 1 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the CITY OF COPPELL, TEXAS (“City”), a Texas home-rule municipality in Dallas County, Texas, and COP Lovett 121 Logistics Park, LLC, a Texas limited liability company (“Developer”), (City and Developer being referred to individually as a “Party” and collectively as the “Parties”), to be effective on the Effective Date. RECITALS WHEREAS, Developer owns or intends to purchase approximately 17.69 acres of real property located in City’s corporate limits, described by metes and bounds in Exhibit A and depicted in Exhibit B (the “Property”); and WHEREAS, the Developer intends to construct and develop on the Property a warehouse building of approximately 257,600 square feet of space, (the Development”) in accordance with the City Regulations; and WHEREAS, Developer intends to design and construct an extension of the City water system (the “Authorized Improvements”) in accordance with the Plans and Specifications (hereinafter defined).; and WHEREAS, Developer intends to make a Capital Investment (hereinafter defined) of at least Fifteen Million Dollars ($15,000,000) in the construction of the Development; and WHEREAS, Developer has advised City that a contributing factor that would induce Developer to undertake the design and construction of the Development (hereinafter defined) would be an agreement with the City pay for infrastructure of water and waste water improvement to serve this Developer and future developments; and, to create redundancy in the system beyond the requirements of this Developer to offset the costs for the design and construction of the Authorized Improvements; and WHEREAS, CITY has adopted programs for promoting economic development; and WHEREAS, the City is authorized to establish and provide for a contribution, including programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, in consideration of Developer’s undertakings contained herein and the other documents described herein and the continuing benefits to be derived therefrom by City and the Authorized Improvements its citizens, City intends, to payment and credits City development fees on public infrastructure development and the on Authorized Improvements and to prove an as set forth herein; and PAGE 2 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree as follows: ARTICLE I DEFINITIONS Unless the context requires otherwise, when used in this Agreement, the following words and phrases shall have the following meanings: Authorized Improvements means those improvements set forth in Exhibit C. Authorized Improvements Costs means the actual costs of the Authorized Improvements as supported by an Engineer’s Report. Capital Investment means the total construction hard costs incurred and paid by or on behalf of Developer for the design and construction of the Development. City Code means, subject to the applicable provisions of Chapter 245 of the Texas Local Government Code, the Code of Ordinances, City of Coppell, Texas, as amended and/or recodified from time to time. City Council means City’s governing body. City Manager means the current or acting City Manager of the City or a person designated to act on behalf of that individual in accordance with City’s Charter or applicable ordinances. City Regulations means, subject to the applicable provisions of Chapter 245 of the Texas Local Government Code, City’s ordinances and regulations applicable to the development and use of the Property as amended and replaced from time to time, including without limitation, City Code provisions, ordinances, design standards, and other policies duly adopted by City, and the applicable zoning; provided, however, with respect to the Public Infrastructure for any given phase, the applicable construction standards (including, without limitation, uniform building codes) shall be those that City has duly adopted at the time of the filing of an application for a preliminary plat for the Property, City’s Engineer means one or more professional engineers licensed in the State and engaged by City as employees and/or independent contractors to perform the tasks identified in this Agreement as being performed by “City’s Engineer.” Commencement of Construction means the date on which all of the following have occurred: (i) the plans have been prepared and all approvals thereof required by applicable governmental authorities have been obtained for construction of the applicable Public Improvements, (ii) all necessary permits or consents for the construction of the specific Public Improvements have been issued by the applicable governmental authorities and (iii) work beyond the mere grading toward actual construction of the building elements of the applicable Public Improvements has commenced. PAGE 3 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 Effective Date means the effective date of this Agreement, which shall be the date upon which the authorized representatives of all Parties have signed this Agreement, regardless of whether such signatures appear on the same document or duplicate counterparts of this Agreement. Engineer’s Report means a final, stamped Engineer’s opinion of costs, prepared by a licensed professional engineer that describes the Authorized Improvements including (i) Budgeted Costs for the Authorized Improvements and (ii) maps and diagrams showing the location of the Authorized Improvements identified in association with the Budgeted Costs. Impact Fees means those fees assessed by City in accordance with Chapter 395, Texas Local Government Code, as amended, with respect to the development of property located within City’s corporate limits and set forth in Article 10.03 of the City Code, as amended from time to time. Mayor means the Mayor of the City. Notice means any notice required or contemplated by this Agreement (or otherwise given in connection with this Agreement). Payment means the cash sum due calculated subtracting the permit fees from the maximum amount of four hundred seventy two thousand dollars ($472,000.00) as the attributable cost incurred to Authorized Improvement within this Agreement. Permit Fees means all City fees associated with construction of the Development and the Authorized Improvements other than tree mitigation fees, including but not limited to, building permit fees, plan review fees, water and wastewater, Impact Fees, engineering review fees and inspection fees. Public Infrastructure or Public Improvements means all public water, wastewater/sewer, drainage, roadway, parks, trails, and other infrastructure necessary to serve the full development of the Property to be constructed, dedicated, and conveyed to City (or, in the case of water system improvements, conveyed to the entity that holds the Certificate of Convenience and Necessity to provide water service to the Property if that entity is not City). The term includes the Authorized Improvements. State means the State of Texas. TXDOT means the State Department of Transportation. ARTICLE II TERM The term of this Agreement shall begin on the Effective Date and continue until the full performance of the Patties hereunder, unless sooner terminated as provided herein. PAGE 4 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 ARTICLE III . AUTHORIZED IMPROVEMENTS Section III.1 Construction of the Authorized Improvements. (a) Construction Schedule. Developer shall, subject to events of Force Majeure, cause Commencement of Construction of the Authorized Improvements to occur on or before September 30, 2024, provided any necessary TXDOT approval have been obtained, and shall, subject to events of Force Majeure, cause Completion of Construction of the Authorized Improvements and the Infrastructure to occur 6 months thereafter. (b) Right-of-Way. Developer shall, without additional cost to the City and prior to Commencement of Construction of the Authorized Improvements, dedicate, or cause the owner of the necessary property to dedicate, by plat or convey by separate instrument, in form reasonably acceptable to the City any right-of-way or easements not already in a public entity necessary for the installation, construction, use, maintenance and repair of the Authorized Improvements. City shall assist in obtaining any necessary authorization from the Texas Department of Transportation for the crossing of its right-of-way. (c) Authorized Improvements Engineer. Developer shall within ninety (90) days after the Effective Date, contract with one or more licensed professional engineers (or firm) to prepare plans and specifications for the design and construction of the Authorized Improvements. Developer shall have sole right to choose engineer (“Authorized Improvements Engineer") Developer’s contract with the Authorized Improvements Engineer shall provide that the Plans and Specifications for the Infrastructure are being prepared for the benefit of City and that City (its agents and contractors) may publish, reproduce, and use the Plans and Specifications for the Infrastructure. (d) Plans and Specifications Approval. Developer shall cause the Authorized Improvements Engineer to submit the proposed plans and specifications for the Authorized Improvements to City for review and approval. City agrees to begin its review of the submitted plans immediately upon the submission of same and to work diligently to complete its review thereafter. City may require Developer to cause the revision and/or modification of the proposed plans and specifications for the Authorized Improvements to meet the City’s design criteria as provided in its adopted ordinances . Developer shall cause Authorized Improvements Engineer to revise and/or modify and submit revised or modified plans and specifications for the Authorized Improvements to City as needed to meet City ordinance requirements. (e) Submission of Permit Applications. Prior to Commencement of Construction of the Authorized Improvements, Developer shall make, or cause to be made, application for any necessary permits and approvals that are customarily required by City to be issued for the construction of the Authorized Improvements. City shall make the application to TXDOT for the utility crossing permit and any other required TXDOT permits or approvals. (f) Compliance. Developer shall comply and cause its Contractor to comply with all local and state laws and regulations regarding the design and construction of the Authorized PAGE 5 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 Improvements in accordance with the Plans and Specifications, including but not limited to, any applicable requirement relating to payment, performance, and maintenance bonds. (g) Authorized Improvements Inspection. City Engineer, or designee shall have the right to inspect the Authorized Improvements to determine whether the Authorized Improvements construction is in accordance with the requirements of Plans and Specifications, this Agreement as well as City standards, ordinances, and regulations pertaining to the construction of public improvements. (h) Pre-Construction Conference. Prior to Commencement of Construction of the Authorized Improvements, if required by City, shall cause the Contractor and the Authorized Improvements Engineer to hold a pre-construction conference with the City-designated Engineering Inspector and the applicable private and public utility companies, as necessary. (i) Bonds. Developer shall cause the Contractor to provide payment bonds and performance bonds for the construction of the Authorized Improvements to ensure completion thereof pursuant to Chapter 2253, Texas Government Code, as amended. Developer shall cause the Contractor to provide two-year period maintenance bonds for the Authorized Improvements in favor of City in accordance with City requirements and regulations pertaining to maintenance bonds for public improvements. Section III.2 Acceptance Procedures. City acceptance of the Authorized Improvements or portion thereof shall require: (i) Submittal of executed Developer's affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Authorized Improvements work have been fully paid or otherwise satisfied; (ii) Submittal of executed Contractor's affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Authorized Improvements work have been fully paid or otherwise satisfied; (iii) Submittal of Consent of Surety; (iv) Submittal of one set of reproducible As-Built Record Drawings for the Authorized Improvements; (v) Delivery of a bill of sale conveying the Authorized Improvements, or portion thereof to the City for which the Developer has submitted a Payment Request; and (vi) Delivery of all assignable warranties or assignment of warranties for the Authorized Improvements, or portion thereof for which Developer has submitted a Payment Request. Section III.3 Access to Work and Inspections. City, and its representatives, shall have access to the Authorized Improvements work at all times from Commencement of Construction through Completion of Construction. The Developer shall take whatever steps reasonably PAGE 6 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 necessary to provide such access when requested. When reasonably requested by the City based on substantiated need for confirmation, the Developer shall perform or cause to be performed such testing as may be reasonably necessary or reasonably appropriate to ensure suitability of the jobsite or compliance with the Plans and Specifications. ARTICLE IV CONSTRUCTION CONTRACTS Section IV.1 Construction Standards and Ownership of Authorized Improvements. (a) Construction Standards, Inspections and Fees. City agrees to waive all Permit Fees for the construction of the Authorized Improvements, the other public infrastructure associated with the Development and the Development. (b) Contract Letting. Before entering into any construction contract for the construction of all or any part of the Authorized Improvements, Developer’s engineers shall prepare, or cause the preparation of, and submit to City all contract specifications and necessary related documents, including the contract proposal showing the negotiated total contract price and scope of work. (c) Ownership, Operation and Maintenance. All of the Authorized Improvements and Public Infrastructure shall be owned, operated and maintained by City or a qualified management entity upon final inspection and acceptance of them by City. ARTICLE V . CITY PAYMENT In consideration of Developer hereby agreeing to make a Capital Investment of $15,000,000 by December 31, 2027, City agrees to pay the Developer a portion of the infrastructure improvement in an amount not to exceed four hundred seventy-two thousand ($472,000.00) dollars payable as calculated as being difference between $472,000.00 and the Permit Fees that would have been paid to the City but for this Agreement. The Payment shall be made to Developer by City within 14 business days of the City’s acceptance of the Authorized Improvements and presentation of actual Authorized Improvement invoices. Developer agrees to repay the Payment at the end of the month period if the Capital Investment has not been timely made. ARTICLE VI . ADDITIONAL TERMS Conflicts. When not in conflict with the terms and conditions of this Agreement, the development of the Property shall be subject to all applicable City Regulations, including, but not limited to, City’s regulations and engineering design standards as described within the applicable zoning. Section VI.2 , INDEMNIFICATION AND HOLD HARMLESS. DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY CITY AND PAGE 7 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ALL THIRD- PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, “CLAIMS”) AGAINST CITY OR ANY OF THE RELEASED PARTIES, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS ACTUALLY INCURRED, ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND/OR AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS. DEVELOPER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY CITY AGAINST CLAIMS CAUSED BY CITY’S SOLE NEGLIGENCE. IF CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF DEVELOPER AND CITY, DEVELOPER’S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO DEVELOPER’S OWN PERCENTAGE OF RESPONSIBILITY. DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CURRENTLY CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) CITY’S RELIANCE UPON DEVELOPER’S REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) CITY’S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. Section VI.3 Vested Rights. THIS AGREEMENT SHALL CONSTITUTE A “PERMIT” WITHIN THE MEANING OF CHAPTER 245, TEXAS LOCAL GOVERNMENT CODE. DEVELOPER WAIVES ALL CLAIMS THAT ANY OBLIGATION INCURRED BY DEVELOPER WITH RESPECT TO THE AUTHORIZED IMPROVEMENTS SET OUT IN THIS AGREEMENT CONSTITUTES A “TAKING”, AN ILLEGAL EXACTION, OR INVERSE CONDEMNATION OF ALL OR ANY PORTION OF THE PROPERTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DEVELOPER DOES NOT, BY ENTERING INTO THIS AGREEMENT, WAIVE (AND DEVELOPER EXPRESSLY RESERVES) ANY RIGHTS AND CLAIMS THAT DEVELOPER MAY HAVE ARISING FROM ANY ACTION BY CITY AFTER THE EFFECTIVE DATE. CITY SHALL NOT BE REQUIRED TO DETERMINE ROUGH PROPORTIONALITY OR NECESSITY AS PROVIDED FOR IN SECTION 212.904 OF THE TEXAS LOCAL GOVERNMENT CODE FOR ANY DEDICATIONS OR IMPROVEMENTS REQUIRED UNDER THIS AGREEMENT, AS AMENDED OR OTHERWISE PROPOSED BY DEVELOPER. PAGE 8 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 ARTICLE VII EVENTS OF DEFAULT; REMEDIES Section VII.1 Events of Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given in writing (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time to be determined based on the nature of the alleged failure, but in no event more than thirty (30) days (or any longer time period to the extent expressly stated in this Agreement as relates to a specific failure to perform) after written notice of the alleged failure has been given. Notwithstanding the foregoing, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. Notwithstanding the foregoing, however, a Party shall be in default of its obligation to make any payment required under this Agreement if such payment is not made within twenty (20) business days after it is due. Section VII.2 Remedies. As compensation for the other Party’s default, an aggrieved Party is limited to seeking specific performance of the other Party’s obligations under this Agreement and attorney’s fees. Section VII.3 Performance Window; Election to Terminate. . Notwithstanding any provision of this Agreement, if any of Developer’s obligations set forth in this Agreement are not timely satisfied in accordance with this Agreement, City may elect to terminate this Agreement after a notice and cure period by providing Developer with written notice of such failure(s). If City provides such written notice, Developer shall have one hundred twenty (120) days from the date that City delivers said written notice in which to cure such failure(s), plus an additional time period equal to any delay caused by the failure(s), if any, of City to timely issue any approvals required under this Agreement or the City Regulations or meet its obligations under this Agreement. If Developer fails to timely cure such failure(s), then City shall be excused from its obligations under this Agreement. ARTICLE VIII. ASSIGNMENT Section VIII.1 Assignment to an Affiliate. Developer has the right (from time to time, without the consent of City, but upon written notice to City) to assign in its entirety, all of Developer’s right, title, and interest under this Agreement, to any person or entity that is controlled by or under common control of COP Lovett 121 Logistics Park, LLC (“Affiliate”). Each assignment shall be in writing executed by Developer and the Affiliate and shall obligate the Affiliate to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. A copy of each assignment shall be provided to City not later than thirty (30) days after execution. City shall not be bound by any assignment of this Agreement unless and until City has received a fully signed copy of the assignment. Developer shall maintain written records of all assignments made by Developer to an Affiliate, including a copy of each executed assignment and the Affiliate’s Notice information as required by this Agreement, and, upon written request from any Continuing Party or Affiliate, shall provide a copy of such records to the requesting person or entity. Notwithstanding anything to the contrary PAGE 9 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 above, City shall be obligated to recognize and be obligated to no more than one entity or person that is the “Developer” as a party to this Agreement. ARTICLE IX GENERAL PROVISIONS Section IX.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. Section IX.2 Notices. Any notice, submittal, payment or instrument required or permitted by this Agreement to be given or delivered to any Party shall be deemed to have been received when delivered personally or upon the expiration of 72 hours following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: To City: City of Coppell, Texas Attn: City Manager 255 E. Parkway Blvd. Coppell, Texas 75019 With a copy to: Nichols Jackson Dillard Hager & Smith, LLP Attn: Robert E. Hager 500 N. Akard Street, Suite 1800 Dallas, Texas 75201 To Developer: COP Lovett 121 Logistics Park, LLC Attn: __________________ _______________________ _______________________ With a copy to: Jackson Walker LLP Attn: _________________ 2323 Ross Ave., Suite 600 Dallas, Texas 75201 Any Party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other Party. PAGE 10 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 Section IX.3 Payee Information. With respect to any and every type of payment/remittance due to be paid at any time by City to Developer after the Effective Date under this Agreement, the name and delivery address of the payee for such payment shall be: COP Lovett 121 Logistics Park, LLC Attn: _____________________ __________________________ __________________________ Developer may change the name of the payee and/or address set forth above by delivering written notice to City designating a new payee and/or address or through an assignment of Developer’s rights hereunder. Section IX.4 Interpretation. The Parties acknowledge that each has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party originally drafted the provision. Section IX.5 Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. Section IX.6 Authority and Enforceability. City represents and warrants that this Agreement has been approved by official action by the City Council in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of City has been duly authorized to do so. Developer represents and warrants that this Agreement has been approved by appropriate action of Developer, and that each individual executing this Agreement on behalf of Developer has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions. Section IX.7 Insurance. (a) Developer shall cause each of Developer’s contractors to obtain and maintain at their expense, the following policies of insurance and coverage: (i) Commercial General Liability Policy Commercial general liability insurance on an occurrence basis protecting and indemnifying City against claims for injury to or death of persons, or damage to or destruction of property, such insurance to afford immediate protection to the limit of not less than $1,000,000 per occurrence and $2,000,000 general aggregate, with overlying umbrella liability insurance coverage of not less than $2,000,000 as to both injury to or death of persons and damage to or destruction of property and will be endorsed specifically to include within its scope of coverage all liabilities and indemnities for which Developer is obligated and liable under the terms of PAGE 11 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 this Agreement; and with respect to the umbrella liability insurance coverage will not provide for a self-insured retention in excess of $25,000; (ii) Workers’ Compensation/Employer’s Liability Insurance Policy in full accordance with the statutory requirements of the State; and (iii) Business auto liability insurance policy covering motor vehicles owned, not owned and hired by Developer and its contractors, protecting and indemnifying Developer and City against claims for injury to or death of persons, or damage to or destruction of property, such insurance to afford immediate protection to the limit of not less than $1,000,000 combined single limit covering both injury to or death of persons and damage to or destruction of property. (b) Waiver of Subrogation Rights. The Commercial General Liability, Worker’s Compensation, Business Auto and Excess Liability Insurance required pursuant to this Agreement shall provide for waivers of all rights of subrogation against City. (c) Additional Insured Status. With the exception of Worker’s Compensation Insurance and any Professional Liability Insurance, all insurance required pursuant to this Agreement shall include and name City as additional insureds using Additional Insured Endorsements that provide the most comprehensive coverage to City under State law including products/completed operations. (d) Certificates of Insurance. (i) Certificates of Insurance and policy endorsements in a form satisfactory to City shall be delivered to City prior to the commencement of any work or services under this Agreement and annually for a minimum of four (4) years following termination of this Agreement, abandonment or completion of work on the Public Infrastructure. All required policies shall be endorsed to provide City with thirty (30) days’ notice prior to cancellation or non-renewal of coverage. Developer shall provide thirty (30) days’ written notice of any cancellation, non-renewal or material change in coverage for any of the required insurance in this Section. (ii) On every date of renewal of the required insurance policies, Developer shall cause (and cause its contractors) a Certificate of Insurance and policy endorsements to be issued evidencing the required insurance herein and delivered to City. In addition, Developer shall, within ten (10) business days after written request, provide City with Certificates of Insurance and policy endorsements for the insurance required herein (which request may include copies of such policies). The delivery of the Certificates of Insurance and the policy endorsements (including copies of such insurance policies) to City is a condition precedent to the payment of any amounts due to Developer by City. The failure to provide valid Certificates of Insurance and policy endorsements shall be deemed a breach of this Agreement. (c) Carriers. All policies of insurance required to be obtained by Developer and its contractors pursuant to this Agreement shall be maintained with insurance carriers that are satisfactory to and as reasonably approved by City, and lawfully authorized to issue insurance in PAGE 12 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 the State for the types and amounts of insurance required herein. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. All policies must be written on a primary basis, non-contributory with any other insurance coverage and/or self-insurance maintained by City. All insurance coverage required herein shall be evidenced by a certificate of insurance and policy endorsements submitted by Developer’s and its contractors’ insurer or broker. Certificates of endorsements received from any other source will be rejected. Section IX.8 Severability. This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. Section IX.9 Applicable Law; Venue. This Agreement is entered into pursuant to and is to be construed and enforced in accordance with, the laws of the State, and all obligations of the Parties are performable in Dallas County. Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in the Dallas County District Court. Section IX.10 Non-Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Section IX.11 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. Section IX.12 Exhibits. The following exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A Metes and Bounds Description of the Property Exhibit B Depiction of the Property Exhibit C Authorized Improvements Exhibit D Certification Concerning Hiring of Undocumented Aliens Section IX.13 Force Majeure. Each Party shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of the essence in such performance; however, in the event a Party is unable, due to force majeure, to perform its obligations under this Agreement, then the obligations affected by the force majeure shall be temporarily suspended. Within thirty (30) business days after the occurrence of PAGE 13 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 a force majeure, the Party claiming the right to temporarily suspend its performance, shall give notice to all the Parties, including a detailed explanation of the force majeure and a description of the action that will be taken to remedy the force majeure and resume full performance at the earliest possible time. The term “force majeure” shall include events or circumstances that are not within the reasonable control of the Party whose performance is suspended and that could not have been avoided by such Party with the good faith exercise of good faith, due diligence and reasonable care. Section IX.14 Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the Parties expressly amending the terms of this Agreement. By entering into this Agreement, the Parties understand and agree that any previous agreements or understanding between the Parties are null and void. Section IX.15 Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. Section IX.16 No Third-Party Beneficiaries. Except as otherwise provided in this section, the Agreement only inures to the benefit of, and may only be enforced by, the Parties. An End-Buyer shall be considered a third-party beneficiary of this Agreement, but only for the limited purposes for which an End-Buyer is bound by this Agreement. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third-party beneficiary of this Agreement. Section IX.17 Employment of Undocumented Workers. Developer has executed the certification attached hereto as Exhibit D. During the term of this Agreement, Developer agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), Developer shall repay the amount of any Reimbursement Payment or other funds received by Developer from City from the date of this Agreement to the date of such violation within 120 days after the date Developer is notified by City of such violation, plus interest at the rate of 4% compounded annually from the date of violation until paid. Developer is not liable for a violation of this section by a subsidiary, affiliate, or franchisee of Developer or by a person with whom Developer contracts. Section IX.18 No Boycott of Israel. To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2271.002, Texas Government Code, Developer hereby verifies that it and its parent company, wholly- or majority- owned subsidiaries, and other affiliates, if any, do not boycott Israel and will not boycott Israel during the term of this Agreement. The foregoing verification is made solely to enable compliance with such Section and to the extent such Section does not contravene applicable Federal or Texas law. As used in the foregoing verification, ‘boycott Israel,’ a term defined in Section 2271.001, Texas Government Code, by reference to Section 808.001(1), Texas Government Code, means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. PAGE 14 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 Section IX.19 Iran, Sudan, and Foreign Terrorist Organizations. Developer represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer's internet website: __________________________ __________________________ The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes Developer and each of its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. Section IX.20 No Discrimination Against Fossil Fuel Companies. To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274.002 (as added by Senate Bill 13 in the 87th Texas Legislature, Regular Session), Texas Government Code, as amended, Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott energy companies and will not boycott energy companies during the term of this Agreement. The foregoing verification is made solely to enable City to comply with such Section and to the extent such Section does not contravene applicable Federal or State law. As used in the foregoing verification, “boycott energy companies,” a term defined in Section 2274.001(1), Texas Government Code (as enacted by such Senate Bill) by reference to Section 809.001, Texas Government Code (also as enacted by such Senate Bill), shall mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by (A) above. Section IX.21 No Discrimination Against Firearm Entities and Firearm Trade Associations. (a) To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274.002 (as added by Senate Bill 19 in the 87th Texas Legislature, Regular Session), Texas Government Code, as amended, Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. The foregoing verification is made solely to enable City to comply with such Section and to the extent such Section does not contravene applicable Federal or State law. PAGE 15 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 (b) As used in the foregoing verification and the following definitions, (1) “discriminate against a firearm entity or firearm trade association,” a term defined in Section 2274.001(3), Texas Government Code (as enacted by such Senate Bill), (A) means, with respect to the firearm entity or firearm trade association, to (i) refuse to engage in the trade of any goods or services with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, (ii) refrain from continuing an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, or (iii) terminate an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association and (B) does not include (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories and (ii) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association, (2) ‘firearm entity,’ a term defined in Section 2274.001(6), Texas Government Code (as enacted by such Senate Bill), means a manufacturer, distributor, wholesaler, supplier, or retailer of firearms (defined in Section 2274.001(4), Texas Government Code, as enacted by such Senate Bill, as weapons that expel projectiles by the action of explosive or expanding gases), firearm accessories (defined in Section 2274.001(5), Texas Government Code, as enacted by such Senate Bill, as devices specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and items used in conjunction with or mounted on a firearm that are not essential to the basic function of the firearm, including detachable firearm magazines), or ammunition (defined in Section 2274.001(1), Texas Government Code, as enacted by such Senate Bill, as a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile) or a sport shooting range (defined in Section 250.001, Texas Local Government Code, as a business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting), and (3) ‘firearm trade association,’ a term defined in Section 2274.001(7), Texas Government Code (as enacted by such Senate Bill), means any person, corporation, unincorporated association, federation, business league, or business organization that (i) is not organized or operated for profit (and none of the net earnings of which inures to the benefit of any private shareholder or individual), (ii) has two or more firearm entities as members, and (iii) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code. Section XI.24 Form 1295. Submitted herewith is a completed Form 1295 generated by the Texas Ethics Commission’s (the “TEC”) electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the PAGE 16 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 TEC (the “Form 1295”). The City hereby confirms receipt of the Form 1295 from the Developer, and the City agrees to acknowledge such form with the TEC through its electronic filing application not later than the thirtieth (30th) day after the receipt of such form. The Parties understand and agree that, with the exception of information identifying the City and the contract identification number, neither the City nor its consultants are responsible for the information contained in the Form 1295; that the information contained in the Form 1295 has been provided solely by the Developer; and, neither the City nor its consultants have verified such information. Section VIII.22 Information to Comptroller. a)Not later than the 14th day after the date of entering into, amending, or renewing an agreement authorized by this chapter, a municipality shall submit to the State Comptroller the information described by Section 403.0246(c), Government Code, and any other information the State Comptroller considers necessary to operate and update the database described by that section. [SIGNATURES PAGES AND EXHIBITS FOLLOW; REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] PAGE 17 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 Executed by the Parties to be effective on the Effective Date: CITY OF COPPELL, TEXAS By: ______________________________________ Mike Land, City Manager ATTEST: _______________________________ Ashley Owens, City Secretary Date: APPROVED AS TO FORM _____________________________ Robert E. Hager, City Attorney STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on this ___ day of ___________, 2024, by Mike Land, City Manager of the City of Coppell, a Texas home rule municipality, for and on behalf of said municipality. Notary Public, State of Texas [SEAL] PAGE 18 DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC ___ 4881-6656-9628, v. 1 COP LOVETT 121 LOGISTICS PARK, LLC, a Texas limited liability company By: ___________________ ___________________ ___________________ By: _________________, President THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on this ___ day of ___________________, 2024, by __________________, President of _____________________________, a Texas corporation, ___________ of COP Lovett 121 Logistics Park, LLC, a Texas limited liability company on behalf of said limited liability company. Notary Public, State of Texas [SEAL] PAGE 1 EXHIBIT “A” TO DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC 4881-6656-9628, v. 1 EXHIBIT A METES AND BOUNDS DESCRIPTION OF PROPERTY PAGE 1 EXHIBIT “B” TO DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC (kbl:1/19/2022:120613) 4881-6656-9628, v. 1 EXHIBIT B DEPICTION OF PROPERTY PAGE 1 EXHIBIT “G” TO DEVELOPMENT AGREEMENT BETWEEN CITY OF COPPELL, TEXAS AND COP LOVETT 121 LOGISTICS PARK, LLC 4881-6656-9628, v. 1 EXHIBIT C AUTHORIZED IMPROVEMENTS Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7291 File ID: Type: Status: 2023-7291 Agenda Item Agenda Ready 1Version: Reference: In Control: City Secretary 01/16/2024File Created: Final Action: Order of General ElectionFile Name: Title: Consider approval of a Resolution ordering a General Municipal Election to be held on May 4, 2024, for Mayor and City Council Places 2, 4, and 6; and authorizing the Mayor to sign and execute a Joint Election Agreement with Dallas and Denton Counties. Considerar la aprobación de una Resolución donde convoca una Elección General para miembros del consejo de los Lugares 2, 4, y 6 y para alcalde; para el sábado 4 de mayo del 2024; y autorizar al alcalde para firmar y ejecutar un contrato de Elección Conjunta con los condados de Dallas y Denton. THEO ĐÂY RA QUYẾT ĐỊNH rằng cuộc tổng tuyển cử sẽ được tổ chức vào ngày 4 tháng 5 năm 2024, tối, với mục đích bầu một thị trưởng, một Ủy Viên Hội Đồng cho Vị Trí 2, một Ủy Viên Hội Đồng cho Vị Trí 4, một Ủy Viên Hội Đồng cho Vị Trí 6, với nhiệm kỳ ba năm. Ứng viên cho một vị trí nhận được đa số trong tổng số phiếu bầu cho tất cả ứng viên cho vị trí đó sẽ được chọn để đảm nhận nhiệm kỳ đó hoặc cho đến khi người kế nhiệm của người đó được bầu hợp lệ và đủ tiêu chuẩn. Cuộc bầu cử sẽ được tổ chức dưới hình thức Bầu Cử Chung do Quản Trị Viên Bầu Cử của Quận Dallas và Denton quản lý, tương ứng, theo các điều khoản của Bộ Luật Bầu Cử Texas và Thỏa Thuận Bầu Cử Chung với mỗi quận. Notes: Sponsors: Enactment Date: Memo.pdf, Estimated Cost.pdf, Resolution.pdf, Resolution - Spanish.pdf, Resolution - Vietnamese.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Page 1City of Coppell, Texas Printed on 1/19/2024 Master Continued (2023-7291) Text of Legislative File 2023-7291 Title Consider approval of a Resolution ordering a General Municipal Election to be held on May 4, 2024, for Mayor and City Council Places 2, 4, and 6; and authorizing the Mayor to sign and execute a Joint Election Agreement with Dallas and Denton Counties. Considerar la aprobación de una Resolución donde convoca una Elección General para miembros del consejo de los Lugares 2, 4, y 6 y para alcalde; para el sábado 4 de mayo del 2024; y autorizar al alcalde para firmar y ejecutar un contrato de Elección Conjunta con los condados de Dallas y Denton. THEO ĐÂY RA QUYẾT ĐỊNH rằng cuộc tổng tuyển cử sẽ được tổ chức vào ngày 4 tháng 5 năm 2024, tối, với mục đích bầu một thị trưởng, một Ủy Viên Hội Đồng cho Vị Trí 2, một Ủy Viên Hội Đồng cho Vị Trí 4, một Ủy Viên Hội Đồng cho Vị Trí 6, với nhiệm kỳ ba năm. Ứng viên cho một vị trí nhận được đa số trong tổng số phiếu bầu cho tất cả ứng viên cho vị trí đó sẽ được chọn để đảm nhận nhiệm kỳ đó hoặc cho đến khi người kế nhiệm của người đó được bầu hợp lệ và đủ tiêu chuẩn. Cuộc bầu cử sẽ được tổ chức dưới hình thức Bầu Cử Chung do Quản Trị Viên Bầu Cử của Quận Dallas và Denton quản lý, tương ứng, theo các điều khoản của Bộ Luật Bầu Cử Texas và Thỏa Thuận Bầu Cử Chung với mỗi quận. Summary Fiscal Impact: The fiscal impact of this agenda item is $28,890.69 as budgeted in the City Secretary’s Office Elections budget. Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 1/19/2024 MEMORANDUM To: Mayor and City Council From: Ashley Owens, City Secretary Date: January 23, 2024 Reference: Consider approval of a Resolution ordering a General Municipal Election to be held on May 4, 2024, for Mayor and City Council Places 2, 4, and 6; and authorizing the Mayor to sign and execute a Joint Election Agreement with Dallas and Denton Counties. 2040: Sustainable City Government Introduction: For the May 4, 2024, election date, political subdivisions are required by state law to order a general election by Friday, February 16th. Mayor and City Council Places 2, 4, and 6, will go to the voters at the upcoming election. Staff recommends ordering the election at the end of January to allow for any amendments to the order that might be needed. The first day to file an application for a place on the May 4, 2024, ballot is January 17th, and the last day is February 16th by 5 p.m. Candidate packets can be found online at the city’s website or can be picked up in person at the City Secretary’s Office. City staff has received a cost estimate and contract from Dallas County in the amount of $28,890.69 for this election. Town Center will serve as a polling location for Early Voting and Election Day for Dallas County residents. The Denton County Elections Department will hold their meeting after the date of this City Council meeting. Once the cost estimate and contract for Denton County has been received, the city’s website will be updated with the necessary voting locations for Denton County residents. Benefit to the Community: The item ensures that the City of Coppell’s elections are uniform, consistent, and compliant with applicable statutory deadlines/requirements. Legal Review: City Attorney Robert Hager has reviewed the Resolution. Fiscal Impact: The fiscal impact of this agenda item is $28,890.69 as budgeted. Recommendation: Staff recommends approval. Total City of Coppell 3,409,183 26,358 35 Entities $1.00 $1.00 64 EV Locations $3,397,059.14 $26,264.26 469 ED Vote Centers 100%0.77% Total City of Coppell $3,397,059.14 $26,264.26 $339,705.91 $2,626.43 $3,736,765.06 $28,890.69 $1.10 $1.10 $3,736,765.06 $28,890.69 EXHIBIT - A Total Number of Registered Voters May 4, 2024 Joint Election ESTIMATED COST INVOICE Subject to Change Registered Voter Split Cost Per Registered Voter (w/o GSF) Total Cost % of Units Election Total Special Request Fee General Supervisory Fee (GSF) Total Cost Cost Per Registered Voter (w. GSF) Amount of Deposit (Overpaid)/Underpaid Dallas County Elections Department 1520 Round Table Drive Dallas. Texas 75247 Exp. Code Early Voting Units Unit Cost Estimated City of Coppell POSTAGE 62175 Mail Ballot Kits 20,000 $2.62 $52,400.00 $405.13 62175 Undeliverable / Resent Mail Kits 600 $3.20 $1,920.00 $14.84 62170 Postage for Ballots Mailed 20,000 $0.63 $12,600.00 $97.42 62170 Postage for Undeliverable / Resent Mails 600 $0.63 $378.00 $2.92 EQUIPMENT RENTAL 62025 EV Model DS200 (Tabulator/Scanner)64 $464.10 $29,702.40 $229.64 62025 EV ExpressVote Ballot Marking Device (BMD)512 $295.00 $151,040.00 $1,167.76 62025 EV EPB Printer 256 $62.00 $15,872.00 $122.71 62025 EV Election Supply Cart 128 $295.00 $37,760.00 $291.94 62021 EV Mini-Van Rental 8 $1,085.00 $4,340.00 $33.55 62021 EV Truck Rental 2 $1,927.00 $1,927.00 $14.90 RENTAL BUILDINGS 62023 EV Location Rental $81,000.00 $626.25 PERSONNEL 61050 EV Election Department (OT)$15,000.00 $115.97 61050 EV Clerks (OT) 24hrs 256 $24.00 $147,456.00 $1,140.05 61050 EV Judges (OT) 24hrs 64 $27.33 $41,978.88 $324.56 61050 EV Building Security (OT)4 $45.00 $4,320.00 $33.40 61050 EV Inspectors (OT)8 $27.33 $5,247.36 $40.57 61050 EV Training Trainers (OT)7 $28.37 $4,765.32 $36.84 61050 EV Ballot Board Committee (OT)30 $30.90 $2,781.00 $21.50 61050 EV Ballot Board Judge (OT)1 $30.90 $92.70 $0.72 61060 EV Clerks (ST)256 $16.00 $270,336.00 $2,090.09 61060 EV Judges (ST)64 $18.22 $76,961.28 $595.02 61060 EV Inspectors (ST)8 $18.22 $9,620.16 $74.38 61060 EV Training Trainers (ST)7 $18.91 $8,736.42 $67.55 61060 EV Ballot Board Committee (ST)30 $20.60 $27,810.00 $215.01 61060 EV Ballot Board Judge (ST)1 $20.60 $927.00 $7.17 61111 EV FICA 6.2%$930.00 $7.19 61112 EV Medicare 1.45%$8,932.47 $69.06 61113 EV PARS 1.3%$7,813.42 $60.41 61150 EV Retirement Chargeback 13.23%$1,984.50 $15.34 62225 EV Temp. Employees 50 $26.01 $156,060.00 $1,206.57 SUPPLY EXPENSE 62175 EV Official ExpressVote Ballots 300,000 $0.14 $42,000.00 $324.72 62175 EV Judges Kits 64 $80.00 $5,120.00 $39.59 SERVICE EXPENSE 62013 Legal Notice Legal Notice $3,500.00 $27.06 62225 EV GTS IT Services 11 $35.00 $49,087.50 $379.52 62225 EV ES&S Project Management 17 $1,975.00 $33,575.00 $259.58 62225 EV ES&S Audio 70 $28.95 $3,356.50 $25.95 PREPARATION AND TRANSPORTATION OF VOTING EQUIPMENT 62910 EV Atlantic Delivery and Pick-up 128 $100.00 $12,800.00 $98.96 MILEAGE / FUEL 62285 EV Fuel $1,200.00 $9.28 EARLY VOTING TOTAL $1,331,330.90 $10,293.15 Various Various Locations Vans and Trucks Exp. Code Election Day Units Unit Cost Estimated City of Coppell EQUIPMENT RENTAL 62025 ED Model DS200 (Tabulator/Scanner)469 $464.10 $217,662.90 $1,682.85 62025 ED ExpressVote Ballot Marking Device (BMD)1,876 $295.00 $553,420.00 $4,278.75 62025 ED EPB Printer 1,876 $62.00 $116,312.00 $899.26 62025 ED Election Supply Carts 469 $295.00 $138,355.00 $1,069.69 62021 ED Mini-Van Rental 8 $1,085.00 $4,340.00 $33.55 62021 ED Truck Rental 2 $1,927.00 $1,927.00 $14.90 RENTAL BUILDINGS 62023 ED Location Rental $100,500.00 $777.01 PERSONNEL 61020 ED Clerks (ST)1,876 $16.00 $450,240.00 $3,481.02 61020 ED Judges (ST)469 $20.00 $140,700.00 $1,087.82 61020 ED Judges Delivery (Can Money) 469 $25.00 $11,725.00 $90.65 61020 ED Emergency Response (ST)40 $25.00 $15,000.00 $115.97 61020 ED Phone Bank (ST)35 $25.00 $13,125.00 $101.48 61020 ED Regional Site Support (ST)60 $20.00 $6,000.00 $46.39 61020 ED Inspectors (ST)40 $25.00 $15,000.00 $115.97 61050 ED Sheriff Deputies (OT)32 $60.00 $28,800.00 $222.67 61050 ED Building Security (OT)14 $50.00 $10,500.00 $81.18 61050 ED Election Department (OT)$10,000.00 $77.31 61111 ED FICA 6.2%$2,405.60 $18.60 61112 ED Medicare 1.45%$145.00 $1.12 61113 ED PARS 1.3%$130.00 $1.01 61150 ED Retirement Chargeback 13.23%$5,133.24 $39.69 62225 ED Temp. Employees 50 $26.01 $26,010.00 $201.10 SUPPLY EXPENSE 62175 ED Official ExpressVote Ballots 300,000 $0.140 $42,000.00 $324.72 62175 ED Judge Kit 469 $80.00 $37,520.00 $290.08 SERVICE EXPENSE 62225 ED ES&S Site Support 1 $4,975.00 $4,975.00 $38.46 62225 ED IT Services (GTS)11 $35.00 $15,400.00 $119.06 PREPARATION & TRANSPORTATION OF VOTING EQUIPMENT 62910 ED Atlantic Delivery and Pick-up 938 $100.00 $93,800.00 $725.21 MILEAGE / FUEL 61080 Mileage for Deputies 5,500 $0.655 $3,602.50 $27.85 62285 ED Fuel $1,000.00 $7.73 ELECTION DAY TOTAL $2,065,728.24 $15,971.12 Various Locations Various Vans and Trucks Page 1 TM133182 RESOLUTION NO. ORDER OF GENERAL ELECTION May 4, 2024 BE IT REMEMBERED THAT on this the 23rd day of January 2024, at a duly posted meeting of the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called to order, and the Council issued the following order: IT IS HEREBY ORDERED that a general election be held on the 4th day of May 2024, 7:00 a.m. to 7:00 p.m., for the purpose of electing one Mayor and Councilmember for Place 2, one Councilmember for Place 4, one Councilmember for Place 6 for a term of three years. The candidate for such office receiving a majority of all votes cast for all candidates for such office shall be elected to serve such term or until his or her successor is duly elected and qualified. The election shall be held as a Joint Election administered by the Dallas and Denton County Elections Administrators, respectively, in accordance with the provisions of the Texas Election Code and a Joint Election Agreement with each of the respective counties. In the event any candidate for said office fails to receive a majority of all votes cast for all the candidates for such office, a run-off election shall be held. If a run-off election becomes necessary, the run-off election will be held on Saturday, June 15, 2024. The election shall be held as a Joint Election administered by the Dallas and Denton County Elections Administrators, respectively, in accordance with the provisions of the Texas Election Code and a Joint Election Agreement with each of the respective counties. The City Manager is hereby authorized to execute the Election Contracts with the Counties of Dallas and Denton for the conduct of the election. Pursuant to the Joint Election Contracts, the County Elections Administrator of each county shall serve as Election Administrator for the election for such county. Page 2 TM133182 Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials furnished by the Elections Administrator(s) from the list of proposed elections judges listed in an attachment to the Joint Election Contract(s). Notice of the election shall be posted on the bulletin board used to post notice of the City Council meetings and be published in a newspaper of general circulation in the City. Said notice must be published on the same day in each of two successive weeks, with the first publication occurring no earlier than the thirtieth day and no later than the fourteenth day before the date of the election. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and such person posting the notice shall make a record of the time of posting, starting date and the place of posting. Early voting by personal appearance for Dallas County and Denton County residents will be set forth in accordance with state law and as stated in the Joint Elections Contracts and posted on the City’s webpage. Application for ballot by mail must be received no later than the close of business on April 23, 2024. Applications for early voting ballot by mail shall be mailed to: Dallas County residents Denton County residents Dallas County Elections Department Denton County Elections Administration 1520 Round Table Drive P.O. Box 1720 Dallas, Texas 75247 Denton, TX 76208 That the City Secretary shall present the election returns to the City of Coppell City Council at a City Council meeting for the canvassing of said election in accordance with the Texas Election Code. DULY ORDERED by the City Council of the City of Coppell, Texas the 23rd day of January 2024. Page 3 TM133182 APPROVED: WES MAYS, MAYOR CITY OF COPPELL, TEXAS ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY Page | 1 TM 133213 RESOLUCIÓN NO. ORDEN DE ELECCIONES GENERALES 4 de mayo del 2024 SEA RECORDADO QUE en este día 23 de enero del 2024, en una junta debidamente anunciada por el Concejo de la Ciudad de Coppell, con un quórum presente, y dicha junta fue convocada y el Concejo emitió la siguiente orden: POR LA PRESENTE SE ORDENA que se llevará a cabo una elección general el día 4 de mayo del 2024 desde las 7:00 a.m. hasta las 7:00 p.m., con el propósito de elegir un alcalde y un concejal para el Lugar 2, un concejal para el Lugar 4, un concejal para el Lugar 6 y por un periodo de tres años. El candidato que reciba la mayoría de los votos para dicho puesto deberá ser elegido para servir dicho plazo o hasta que su sucesor sea electo y capacitado. La elección se llevará a cabo como una Elección Conjunta administrada por los Administradores de Elecciones de los Condados de Dallas y Denton, respectivamente, de acuerdo con las disposiciones del Código Electoral de Texas y un Acuerdo de Elección Conjunta con cada uno de los condados respectivos. En caso de que algún candidato no obtenga la mayoría de los votos emitidos para dicho cargo, se llevará a cabo una elección de desempate. Si una elección de desempate es necesaria, la elección para desempate se llevará a cabo el sábado 15 de junio de 2024. La elección se llevará a cabo como una Elección Conjunta administrada por los Administradores de Elecciones de los condados de Dallas y Denton, respectivamente, de acuerdo con las disposiciones del Código Electoral de Texas y un Acuerdo de Elección Conjunta con cada uno de los condados respectivos. Por la presente, se autoriza al Administrador de la Ciudad a formalizar los Contratos Electorales con los condados de Dallas y Denton para llevar a cabo la elección. De conformidad con los Contratos de Elecciones Conjuntas, el Administrador de Page | 2 TM 133213 Elecciones del Condado de cada condado actuará como Administrador de Elecciones para la elección de dicho condado. Los Jueces presidentes de las Elecciones y los Jueces presidentes Suplentes de las Elecciones designados para servir en dichos lugares de votación serán los funcionarios electorales proporcionados por el(los) Administrador(es) de Elecciones de la lista de jueces electorales propuestos enlistados en un anexo al(los) Contrato(s) de Elección Conjunta. El aviso de las elecciones tendrá que estar presentado en un boletín que se utiliza para publicar avisos sobre las juntas del Concejo de la Ciudad y que son publicadas en el periódico en circulación en la ciudad. Dicho aviso debe ser publicado en el mismo día por dos semanas consecutivas, con la primera publicación que no sea antes del trigésimo día y no después del decimocuarto día antes de la fecha de elección. Una copia del aviso publicado que contiene el nombre del periódico y la fecha de dicha publicación deberá ser conservado como registro al momento de la publicación, la fecha y el lugar de la publicación. La votación temprana en persona en el condado de Dallas y para el condado de Denton los residentes se presentarán de acuerdo con la ley y como está establecido por los contratos de las Elecciones Conjuntas y publicado en la página web de la ciudad. Aplicaciones para la votación por correo debe ser recibida no más tardar del cierre del 23 de abril del 2024. Aplicaciones para la votación temprana deberán ser mandadas a: Residentes del condado de Dallas Residentes del condado de Denton Dallas County Elections Department Denton County Elections Administration 1520 Round Table Drive P.O. Box 1720 Dallas, Texas 75247 Denton, TX 76208 Page | 3 TM 133213 Que la secretaria de la ciudad presentará los resultados de las elecciones al Concejo de la Ciudad de Coppell en la junta del Concejo Municipal para el sondeo de votos de dicha elección de acuerdo con Código Electoral del Estado. DEBIDAMENTE ORDENADO por Concejo de la Ciudad de Coppell, Texas este día 23 de enero del 2024. APROBADO: _______________________ Wes Mays, ALCALDE ATESTIGUÓ: _______________________________ Ashley Owens, SECRETARIA DE LA CIUDAD APROBADO EN SU FORMA: ______________________________ Robert E. Hager, ABOGADO DE LA CIUDAD Trang 1 TM133257 NGHỊ QUYẾT SỐ LỆNH TỔNG TUYỂN CỬ Ngày 4 tháng 5 năm 2024 XÉT RẮNG vào ngày 23 tháng 1 năm 2023, tại cuộc họp được tổ chức hợp lệ của Hội Đồng Thành Phố Coppell, Texas, có đủ số lượng đại biểu theo quy định nhằm mục đích ra quyết định và Hội Đồng đã ban hành lệnh sau: THEO ĐÂY RA QUYẾT ĐỊNH rằng cuộc tổng tuyển cử sẽ được tổ chức vào ngày 4 tháng 5 năm 2024, từ 7:00 sáng đến 7:00 tối, với mục đích bầu một thị trưởng, một Ủy Viên Hội Đồng cho Vị Trí 2, một Ủy Viên Hội Đồng cho Vị Trí 4, một Ủy Viên Hội Đồng cho Vị Trí 6, với nhiệm kỳ ba năm. Ứng viên cho một vị trí nhận được đa số trong tổng số phiếu bầu cho tất cả ứng viên cho vị trí đó sẽ được chọn để đảm nhận nhiệm kỳ đó hoặc cho đến khi người kế nhiệm của người đó được bầu hợp lệ và đủ tiêu chuẩn. Cuộc bầu cử sẽ được tổ chức dưới hình thức Bầu Cử Chung do Quản Trị Viên Bầu Cử của Quận Dallas và Denton quản lý, tương ứng, theo các điều khoản của Bộ Luật Bầu Cử Texas và Thỏa Thuận Bầu Cử Chung với mỗi quận. Trong trường hợp bất kỳ ứng viên nào cho các vị trí nói trên không nhận được đa số trong tổng số phiếu bầu cho tất cả ứng viên cho vị trí đó, thì sẽ tổ chức bầu cử vòng hai. Nếu cần phải tổ chức cuộc bầu cử vòng hai, thì sẽ được tổ chức vào thứ Bảy, ngày 15 tháng 6 năm 2024. Cuộc bầu cử sẽ được tổ chức dưới hình thức Bầu Cử Chung do Quản Trị Viên Bầu Cử của Quận Dallas và Denton quản lý, tương ứng, theo các điều khoản của Bộ Luật Bầu Cử Texas và Thỏa Thuận Bầu Cử Chung với mỗi quận. Quản Lý cấp Thành Phố theo đây được ủy quyền ký kết Hợp Đồng Bầu Cử với các Quận Dallas và Denton để tiến hành cuộc bầu cử. Theo các Hợp Đồng Bầu Cử Chung, Quản Trị Viên Bầu Cử của mỗi quận sẽ đóng vai trò Quản Trị Viên Bầu Cử cho cuộc bầu cử của quận đó. Chủ Toạ Bầu Cử và Chủ Toạ Bầu Cử Dự Khuyết được chỉ định phục vụ Trang 2 TM133257 tại các địa điểm bỏ phiếu nói trên sẽ là những nhân sự do (các) Quản Trị Viên Bầu Cử cung cấp từ danh sách các chủ toạ bầu cử được đề xuất liệt kê trong tài liệu đính kèm của (các) Hợp Đồng Bầu Cử Chung. Thông báo về cuộc bầu cử sẽ được đăng trên bảng thông báo được sử dụng để đưa thông tin về các cuộc họp của Hội Đồng Thành Phố và được đăng trên một tờ báo phát hành rộng rãi trong Thành Phố. Thông báo nói trên phải được công bố vào cùng một ngày trong mỗi hai tuần liên tiếp, trong đó lần công bố đầu tiên diễn ra không sớm hơn ngày thứ ba mươi và không muộn hơn ngày thứ mười bốn trước ngày bầu cử. Bản sao của thông báo đã đăng có ghi tên tờ báo, ngày đăng được lưu làm hồ sơ của thông báo đó và người đăng thông báo phải lập biên bản về thời gian đăng, ngày bắt đầu đăng và nơi đăng bài. Việc bỏ phiếu sớm bởi các cá nhân đại diện cho cư dân Quận Dallas và Quận Denton sẽ được quy định theo luật tiểu bang và như đã nêu trong Hợp Đồng Bầu Cử Chung và được đăng trên trang web của Thành Phố. Đơn xin bỏ phiếu qua đường bưu điện phải được nhận trước khi kết thúc giờ làm việc ngày 23 tháng 4 năm 2024. Đơn xin bỏ phiếu sớm qua đường bưu điện sẽ được gửi đến: Cư dân Quận Dallas Cư dân Quận Denton Michael Scarpello Quản Trị Viên Bầu Cử Quận Denton Quản Trị Viên Bầu Cử Quận Dallas P.O. Box 1720 Phòng Bầu Cử Quận Dallas Denton, TX 76208 1520 Round Table Drive Dallas, Texas 75247 Thư Ký Thành Phố sẽ trình kết quả bầu cử cho Hội Đồng Thành Phố Coppell tại cuộc họp của Hội Đồng Thành Phố để thông tin về cuộc bầu cử nói trên theo Bộ Luật Bầu Cử Texas. ĐƯỢC BAN HÀNH HỢP LỆ bởi Hội đồng Thành phố Coppell, Texas vào ngày 23 tháng 1 năm 2024. Trang 3 TM133257 PHÊ DUYỆT: WES MAYS, THỊ TRƯỞNG THÀNH PHỐ COPPELL, TEXAS CHỨNG THỰC: ASHLEY OWENS, THƯ KÝ THÀNH PHỐ PHÊ DUYỆT THÀNH MẪU THÍCH HỢP: ROBERT E. HAGER, LUẬT SƯ THÀNH PHỐ Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7292 File ID: Type: Status: 2023-7292 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 01/16/2024File Created: Final Action: Spring Break meetingFile Name: Title: Consider the cancellation of the March 12, 2024, City Council Meeting due to the date falling during Spring Break. Notes: Sponsors: Enactment Date: Memo.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7292 Title Consider the cancellation of the March 12, 2024, City Council Meeting due to the date falling during Spring Break. Summary Fiscal Impact: None. Staff Recommendation: None. Page 1City of Coppell, Texas Printed on 1/19/2024 MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: January 23, 2024 Reference: Consider the cancellation of the March 12, 2024, City Council meeting due to the date falling during Spring Break. 2040: Sustainable Government Introduction: In the past, City Council has cancelled the Regular meeting that falls during the week of Spring Break in Coppell ISD and the surrounding school districts. This item allows City Council to hold or cancel the upcoming meeting on March 12, 2024, which falls during the week of Spring Break. Legal Review: N/A Fiscal Impact: N/A Recommendation: N/A Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2023-7300 File ID: Type: Status: 2023-7300 Agenda Item Council Committee Reports 1Version: Reference: In Control: City Council 01/17/2024File Created: Final Action: Committee ReportsFile Name: Title: A.Report on Coppell Seniors - Mayor Pro Tem John Jun and Councilmember Kevin Nevels B.Report on Coppell Arts Center Foundation - Councilmember Jim Walker Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2023-7300 Title A.Report on Coppell Seniors - Mayor Pro Tem John Jun and Councilmember Kevin Nevels B.Report on Coppell Arts Center Foundation - Councilmember Jim Walker Summary Page 1City of Coppell, Texas Printed on 1/19/2024