CP 2000-07-25 NOTICE OF CITY COUNCIL MEETING AND AGENDA
JULY 25, 2000
CANDY SHEEHAN, LARRY WHEELER, Place 6
Mayor Mayor Pro Tem
GREG GARCIA, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 DOUG STOVER, Place 5
PAT KEENAN, Place 3 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Executive Session 6:00 p.m. Ist FI. Conf. Room(Closed to the Public)
Work Session Immediately Following 1st FI. Conf. Room(Open to the Public)
Regular Session 7:30 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will meet
in Regular Called Session on Tuesday, July 25, 2000, at 6:00 p.m. for Executive
Session, Work Session will follow immediately thereafter, and Regular Session will
begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell,
Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting
may be convened into closed Executive Session for the purpose of seeking
confidential legal advice from the City Attorney on any agenda item listed herein.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
(:>c~ A. Section 551.071 (1) & (2), Texas Government Code - Consultation
with City Attorney.
1. Membership criteria at the Aquatic/Recreation Center.
2. Update on ZC 605 (CH).
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion of Board/Commission Interview Schedule, Reception and
B. Schedule for Council Goals and Objectives.
C. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. I nvocati on.
5. Pledge of Allegiance.
Consider approval of a proclamation proclaiming "National Night Out" on
p~56' Tuesday, August 1, 2000, and providing City Council Support and
Endorsement of National Night Out festivities and authorizing the mayor to
sign.
7. Citizen's Appearances.
CONSENT AGENDA
Consider approval of the following consent agenda items:
A. Consider approval of minutes: July 11, 2000.
B. Consider approval of a License Agreement between the City of
Coppell and George Dixon concerning encroachments into an existing
sanitary sewer easement on Lot 20, Block B Northlake Woodlands
Section 5 (153 Meadowcreek); and authorizing the City Manager to
sign.
C. Consider approval of a Supplemental City/County Agreement between
the City of Coppell and Dallas County providing for the City's portion of
funding, in the amount of $344,262.00, for Belt Line Road from
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ITEM # ITEM DESCRIPTION
Denton Tap to MacArthur as funded in the Series 1995A Certificate of
Obligation Bonds; and authorizing the City Manager to sign.
I ~J ~o,:~¢,< D. Consider approval of a contract for the renewal of the Dallas County
Health Services Agreement, effective October 1, 2000 to September
30, 2001, in the amount of $3,131.00, and authorizing the City
Manager to sign.
E. Consider approval of an ordinance amending article 3-5 of Chapter 3
of the Code of Ordinances by adding a new section 3-5-11 "Roll-off
~ ~c,~c~ Containers," requiring all residences and commercial establishments
within the city to use only roll-off containers owned or operated by
the city or its authorized contractor, and authorizing the Mayor to
sign.
END OF CONSENT
9. Consider approval of an Ordinance for Case No. ZC-605(CH), zoning
,.5' ~3~r'~< change request for Tract I from R (Retail) to SF-12 (Single Family-12) on
approximately 1.42 acres of property located along the east side of
MacArthur Boulevard, approximately 476 feet north of DeForest Road, and
authorizing the Mayor to sign.
PUBLIC HEARING:
~ e~3t-'~50' To receive citizen's input regarding Council's recommitment to a flat tax
rate during the life of the recent bond packages approved by the voters in
November 1999.
Consider approval of Council's recommitment to a flat tax rate until fiscal
2- (:)%~.~11. year 2005 that will encompass the recent bond election.
12. PUBLIC HEARING:
(::)c~.5~-~To receive citizen's input regarding the establishment of a Tax Stabilization
Reserve to ensure a flat tax rate until the 2005 fiscal year.
e?la<y__J13. Consider approval of the establishment of a Tax Stabilization Reserve to
ensure a flat tax rate until the 2005 fiscal year.
14. Consider approval of a Resolution urging the Texas Municipal League to
support changes in state law to create a deposit system for glass and
plastic bottles, and authorizing the Mayor to sign.
Consider approval of a Change Order to the contract with Dean
Construction for development of MacArthur Park to allow lighting of four
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ITEM # ITEM DESCRIPTION
fields for a total not to exceed $65,145.00, and authorizing the City
Manager to sign.
16. Necessary action resulting from Work Session.
c~ p~;7. Presentation by Arthur Kwast regarding the municipal facility at 157 S.
Moore Toad, Texas Accessibility Standards, HC parking requirements, fire
exits, minimum door widths, hall clearances, Texas Department of
Licensing and Regulation (TDLR) review, TDLR inspection, and
communication with the TDLR.
18. City Manager's Report. A. Update on Wagon Wheel and MacArthur Parks.
B. Review of Aquatic Center Safety Assessment.
C. Sales Tax Report Update.
19. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Summer Reading Club.
B. Report by Mayor Sheehan regarding Coppell Night Out.
C. Report by Mayor Sheehan regarding Coppell Community Theater/My
Fair Lady.
D. Report by Mayor Sheehan regarding the Throckmorton Relief Effort.
E. Report by Councilmember Garcia regarding the Dallas 2012 Olympic
Proposal.
20. Necessary Action Resulting from Executive Session.
Adjournment.
Candy Sheehan, Mayor
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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 day of ,
2000, at
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
AT THE WILLIAM T. COZBY PUBLIC LIBRARY OR THE CITY
SECRETARY DEPARTMENT AT TOWN CENTER.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (~i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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'~ i ~ '*111~~~,'~' CITYs~COUNCIL MEETING: July 25, 2000 ITEM
EXECUTIVE SESSION
A. Section 551.071 (1) & (2), Texas Government Code - Consultation with City Attorney. 1. Members~p criteria at the Aquatic/Recreation Center.
2. Update on ZC 605 (CH).
SUBMITtED BY: Jim Witt \,
\
TITLE: City Manager INITIALS __
CITY COUNCIL MEETING: July 25, 2000 ITEM
WORK SESSION
A. Discussion of Board/Commission Interview Schedule, Reception and Swearing-in Ceremony.
B. Schedule for Council Goals and Objectives.
C. Discussion of Agenda Items.
CITY MANAGER'S REVIEW:
Nanle
PLEASE INDICATE 4 CHOICES NAME OF BOARD/COMMISSION
AMERICAN RED CROSS
ANIMAL SERVICES APPEALS BD.
BOARD OF ADJUSTMENT
CONDUCT REVIEW BOARD
COPPELL RECREATION
DEVELOPMENT CORPORATION
ECONOMIC DEV. PARTNERSHIP
KEEP COPPELL BEAUTIFUL COM.
LIBRARY BOARD
PARKS & RECREATION BOARD
PLANNING & ZONING COlVIM.
SPECIAL COUNSEL
TELECOMMUNICATIONS BOARD
I would be unavailable on the following dates between August 14 and
September 1.
\\TWN_CTR\USERS\Kwilkers\Boards and CommissionsXlntview process memo
COUNCIL GOALS
2000- 2001
GOAL STAFF RESPONSIBLE DATE
Infrastructure Jennifer Armstrong, Ken Second Meeting in
Maintenance Griffin, Gary Sims, City October
Manager's Office
Public Water Use Supply Ken Griffin, Gary Sims, Second Meeting in
City Manager's Office October
Old Coppell Gary Sieb, City Manager's First Meeting in
Office September
Park Land Acquisition Gary Sims, Park and Rec. First Meeting in October
Board
Homestead Exemption City Council, City Staff 3ngoing
Cemetery City Council, Jim Witt ! Ongoing
Landscape Techniques Gary Sieb, Gary Sims First Meeting in
November
CITY COUNCIL MEETING: July 25, 2000 ITEM # 7
CITIZENS' APPEARANCES
ORDINANCE NO. 94665
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES
AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINtED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the
following new Article 1-10:
ARTICLE 1 - 10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
1-10-6.2.1 CITIZENS APPEARANCE
1-10-6.2.1 SUbjects Not Appearing on the Agenda
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda,
must sign a register and list their residence address, provided by the City Secretary on a table outside the
Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular
meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations
by individuals during the "Citizens Appearance" shah be limited to two (2) minutes each. An individual
speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the
Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or
special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called
upon in the order that they have signed the provided register. No personal attach by any speaker shah be
made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3,
Section 3.12).
CITY MANAGER'S REVIEW:
~ * '1' ~ITY COUNCIL MEETING: July 25, 2000 ITEM
ITEM CAPTION:
Consider approval of a proclamation proclaiming "National Night Out" on Tuesday, August 1, 2000,
and providing City Council Support and Endorsement of National Night Out festivities and authorizing the
mayor to sign.
SUBMITTED BY: Roy L. Osborne
TITLE: Chief of Police
STAFF COMMENTS:
On Tuesday, August 1st, neighborhoods throughout Coppell are being invited to join forces with
thousands of communities nationwide for the "17h Annual National Night Out" crime and drug prevention
event. National Night Out, which is sponsored by the National Association of Town Watch and co-
sponsored locally by the Coppell Police Department, will involve over 9,500 communities from all 50 states.
In all, over 32 million people are expected to participate in 'America's Night Out Against Crime' on August
1st'
National Night Out is designed to: (1) Heighten crime and drug prevention awareness; (2) Generate
support for, and participation in, local anti-crime efforts; (3) Strengthen neighborhood spirit and police~
community partnerships; and (4) Send a message to criminals letting them know neighborhoods are
organized and fighting back.
From 7:00 to 10:00 p.m. on August 1st, residents in neighborhoods throughout Coppell and across the
nation are asked to lock their doors, turn on outside lights and spend the evening outside with neighbors and
police. A light on every porch in every neighborhood is a beacon to a better tomorrow. Many neighborhoods
throughout Coppell will be hosting a variety of special events such as block parties, cookouts, flashlight walk,
visits from police, and youth activities to show their support of the National Night Out crime prevention
event. It is anticipated that various news media will also be participating in this important endeavor.
BUDGET AMT. $ AMT. EST. $ +\-BID
FINANCIAL COMMENTS:
DIR INITI S FIN. REVIEW: CITY MANAGER REVIE
en~a e u ise
Ag R q es DocumentName: )nno.doc
Proclamation
WHEREAS, The National Association of Town Watch is sponsoring the 17th Annual
edition of an important nationwide crime and drug prevention event on August 1, 2000, called
"National Night Out;" and
WHEREAS, The "17th Annual National Night Out" provides a unique opportunity for
Coppell, Texas to join forces with thousands of other communities across the country in
promoting cooperative police and community drug prevention efforts; and
WHEREAS, It is essential that all citizens of Coppell, Texas be aware of the importance
of crime prevention programs and the impact that their participation can have on reducing crime,
drugs, and violence in Coppell, Texas; and
WHEREAS, Police-Community partnerships, neighborhood awareness and safety, and
cooperation are important themes of the "National Night Out" program; and
WHEREAS, Neighborhood Crime Watch plays a vital part in assisting the Coppell
Police Department through joint crime prevention efforts in Coppell.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby
proclaim Tuesday, August 1,2000 as
"National Night Out"
in the City of Coppell, Dallas County, Texas.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this day of July 2000.
Candy Sheehan, Mayor
ATTEST:
Libby Ball, City Secretary
ITEM CAPTION:
Consider approval of minutes: July 11, 2000.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +X-BID $ '\
FINANCIAL COMMENTS: ~\¥
D~. ~T~LS: ~ F~. ~W~
Age~ ~qu~t Fo~ - ~s~ 5/~
MINUTES OF JULY 11, 2000
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, July 11, 2000, at 6:00 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Candy Sheehan, Mayor
Larry Wheeler, Mayor Pro Tem
Greg Garcia, Councilmember
Jayne Peters, Councilmember
Pat Keenan, Councilmember ~
Marsha Tunnell, Councilmember
Bill York, Councilmember "' :7:i: ....
Councilmember Doug Stover was absent. Also er dim
Witt, City Secretary Libby Ball and City
REGULAR SESSION Publi~}~:
1. Call to order. :" .....
,' ' ld
:~:,,i,.:!:.,:',,!;,~' ,.:,. ,r adjourned"' into Executive
:..
IClosed to the Public}
2~i:i' ~xon
iii~ A. Texas Government Code - Consultation
"'~!".i!i;:.'~ Attorney.
?':!:::5":!:i';!':'?;' pdate on Cerulean regarding possible settlement.
"' . ! 2. Zoning Case #ZC-605{CH}.
B; Section 551.072, Texas Government Code Deliberation
,~' regarding Real Property.
1. Deliberation on Exchange and Value of Real Property
on East Sandy Lake for Water Utility Purposes.
Mayor Sheehan convened into Executive Session at 6:00 p.m. as allowed under
the above-stated article. Mayor Sheehan adjourned the Executive Session at
6:47 p.m. and opened the Work Session.
CM07112000
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WORK SESSION {Open to the Public}
3. Convene Work Session
A. Budget Update - General Fund and Capital Improvements.
B. Freeport Exemption Update.
C. Discussion of Agenda Items.
REGULAR SESSION {Open to the Public}
4. Invocation.
Pastor Wayne McDonald, Metrocrest those
present in the invocation.
5. Pledge of Allegiance.
Mayor Sheehan led those pres
6. h mittee.
Economic Development
Thel signed up to speak on this item.
AGENDA
Consider approval of the following consent agenda items:
A. Consider approval of minutes: June 27, 2000.
B. Consider award of Bid No. Q-0500-02 to supply Fertilizer
and Chemicals for the Parks, Rights-of-Ways and
Ball fields.
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C. Consider approval of an Ordinance for the proposed
amendments to the Land Use Map of the Comprehensive
Plan, and authorizing the Mayor to sign.
D. Consider approval of an Ordinance for Case No. PD-185,
Coppell Industrial Addition, zoning change request from
LI {Light Industrial) to PD-185-LI (Planned Development-
185, Light Industrial), to allow a phased development of 2
office/warehouse facilities totaling 1,900,000 square feet
of space on approximately 100 acres of property located
along the north side of W. Bethel Road and 50' east of N.
Royal Lane, and authorizing the Mayor to sign. ~
E. Consider approval of an Ordinance No. PD-
133R2, Magnolia Village (known Park), by
amending the planned develo' to attach
a detail site plan to allow .pment~ jf a 15,600
square foot retail on ately acres of
property along the side ;nton Road and
south of S.H. 12 sign.
2000-910,
Drive, by changing
and authorizing the
G. an Ordinance for a proposed text
Iortion of Section 27-1 of the Coppell
.'~i!ii~:i: PD Regulations, to allow the Board of
· "'i".,'.: to grant variances as they relate to
':.. .:. of fences within Planned Development
. '~ "·Districts, and authorizing the Mayor to sign.
H. Consider approval of an Ordinance for Case No. S-1173,
Sprint PCS Antenna, zoning change request from C
(Commercial) to C-S.U.P. (Commercial, Special Use
Permit) to allow the construction of a 65'-high monopole
to accommodate the Sprint PCS wireless communication
antennae and CISD two-way radio antennae, as well as 4
equipment cabinets at the base of the tower at Coppell
Middle School West Campus, 1301 Wrangler Road, and
authorizing the Mayor to sign.
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I. Consider approval of an Interim Right-of-way Use
Agreement between the City of Coppell and AT&T for use
of the right-of-way to install telecommunications lines
and related appurtenances; and authorizing the Mayor to
sign.
Issues Discussed:
Item B was pulled from the agenda for separate consideration.
Items A, C, D, E, F, G, H, and I
Action:
Mayor Pro Tem Wheeler moved to approve Items A, C
carrying Ordinance No. 2000-9 15, D 91500-A-
254, E carrying Ordinance No. 91 No.
2000-916, G carrying Ordin; No.
91500-A-257, and Item I. C< the motion;
the motion carried 6-0 Tem and
Councilmembers G~ :ia, ;11 and :k voting in
favor of the mo
It!
Therez~as 4 possible use of "greener" herbicides
and fei
~lion:
Peters moved to approve Consent Agenda Item B.
icilmember Garcia seconded the motion; the motion carried 5-1 with
"' C6uncilmcmbers Garcia, Peters, Keenan, Tunnell and York voting in
i!i~-~!~??' favor of the motion. Mayor Pro Tem Wheeler voted against the motion.
9. Consider approval of an Ordinance for Case No. PD-183,
Coppell High School, zoning change request from C and SF-12
(Commercial and Single-Family-12) to PD-183-C (Planned
Development-183, Commercial), to allow a 6' screening fence
with landscaping along the northern edge of the new parking
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lot, the construction of concession stands and a press box, the
expansion of the football stadium, construction of a
multipurpose building, tennis court, tennis center, storage
facility and additional parking on property located at 185 W.
Parkway Boulevard, and authorizing the Mayor to sign.
Action:
Councilmember Tunnell moved to approve Ordinance No. 91500-A-258
for Case No. PD-183, Coppell High School, zoning change request from C
and SF-12 (Commercial and Single-Family-12) to PD-183-C IPlanned
Development-183, Commercial), to allow a 6' screening with
landscaping along the northern edge of the p the
construction of concession stands and a press box. t of the
football stadium, construction of a multi' court,
tennis center, storage facility and ~erty located
at 185 W. Parkway Boulevard. the
motion; the motion carried 6-0 with r Pro Ten:, and
Councilmembers Garcia, and Y'brk voting in
favor of the motion. "
10. Case No. Z 09 {CH} to
{Town Center) to SF-7
26 acres of property
loca! Lake Roads, and
of Interest with the City Secretary on
case the dais.
..: .,:..=.
~bdncilmcmber Tunnell moved to approve Ordinance No. 91500-A-259
fro' Case No. ZC-609 (CH) to consider a change in zoning from TC (Town
~:;~i~L~-~Center) to SF-7 (Single Family-7} on approximately 26 acres of property
located east of Heartz and north of Sandy Lake Roads. Councilmember
York seconded the motion; the motion carried 5-0 with Mayor Pro Tem
Wheeler and Councilmembers Peters, Keenan, Tunnell and York voting in
favor of the motion.
Councilmember Garcia rejoined the Council on the dais at this time.
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11. Consider approval of an Ordinance for Case No. ZC-607 {CH),
zoning change from LI {Light Industrial) to R (Retail) on 8.7
acres of property located at the southeast corner of Sandy
Lake Road and State Road, and authorizing the Mayor to sign.
Action:
Councilmember Tunnell moved to approve Ordinance No. 91500-A-260
for Case No. ZC-607 {CH), zoning change from LI (Light Industrial) to R
(Retail) on 8.7 acres of property located at the southeast corner of Sandy
Lake Road and State Road. Councilmember Peters seconded the motion;
the motion carried 6-0 with Mayor Pro Tem Whe ~er and
Councilmembers Garcia, Peters, Keenan, Tunnell and ¢i 'k~,i' ting in
favor of the motion.
12. Consider approval of an {CH),
zoning change from A IAgric!
{Sin Family- 12)
on approximately 15.75 ~s of locat i along the
north side of DeForest east
of T Estates of
Cambridge ~nd to : .
No. 91500-A-261 for
Case No. ) to SF-12 (Single
Family-I 2) ~n5 property located along the north
side of I)cForest west of The Estates of Cambridge Manor.
Councilmeml~er the motion; the motion carried 6-0 with
M~.'or Pro ' ancilmembers Garcia, Peters, Keenan, Tunnell
a~d York motion.
13.' .i approval of an Ordinance for Case No. ZC-605 {CH),
"' Z0'ning change request from A {Agriculture} and R {Retail) to
,~j.~'~ SF-12 (Single Family-12} on approximately 24.7 acres of
property located along the north side of DeForest Road, east of
MacArthur Boulevard, and authorizing the Mayor to sign.
Issues Discussed:
There was discussion regarding the current legal issue with the current
landowner.
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Action:
Councilmember Tunnell moved to approve Ordinance No. 91500-A-262 for
Tracts 2, 3, 4, and 5 of Case No. ZC-605 (CH), zoning change request from A
(Agriculture) and R (Retail) to SF-12 (Single Family-12) on approximately 23.3
acres of property located along the north side of DeForest Road, east of
MacArthur Boulevard and delay taking action on Tract 1 until the July 25th
Council meeting. Councilmember Peters seconded the motion; the motion
carried 5-1 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters,
Keenan, and York voting in favor of the motion. Councilmember Tunnell voted
against the motion.
14. Consider approval of an Ordinance for Case In
The Box Restaurant, zoning change re~ {L1) Light
Industrial to LI-S.U.P. {Light to
allow the construction of a 2,742 food drive
through restaurant on apt ' acre of located
on the south side of S.H. east of N.
Denton Tap Road, and to
Action:
xance No. 91500-A-263 for
Ling change request from (LI)
I~ight Indu~ Use Permit), to allow the
¢6nst. ructiox drive through restaurant on
approx!mat.~ J on the south side of S.H. 121,
ap.l; Tap Road. Councilmember York
seconded carried 6-0 with Mayor Pro Tem Wheeler and
Cainclime: Keenan, ~nnell, and York voting in favor of
{a~ motio
15. 'COnsider approval of an Ordinance for Case No. PD-176R,
McMillan Estates, zoning change request for property zoned
PD-176, (Planned Development-176, Single Family-g), by
amending the planned development conditions to permit an
extension of a 54" reinforced concrete pipe eastward for an
appro~mate distance of 155' and the installation of a stone
headwall on 1.49 acres of property located along the north side
of Bethel Road, appro~mately 120' east of Hearthstone Lane,
and authorizing the Mayor to sign.
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Page 7 of 18
Action:
Councilmember Tunnell moved to approve Ordinance No. 91500-A-264
for Case No. PD-176R, McMillan Estates, zoning change request for
property zoned PD- 176, (Planned Development- 176, Single Family-9), by
amending the planned development conditions to permit an extension of
a 54" reinforced concrete pipe eastward for an approximate distance of
155' and the installation of a stone headwall on 1.49 acres of property
located along the north side of Bethel Road, approximately 120' east of
Hearthstone Lane. Councilmember York seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Wheeler and Councilmembers
Garcia, Peters, Keenan, Tunnell and York voting in favor of theorion.
16. PUBLIC HEARING: '
Consider approval of the designation zone
pursuant to Section 312.201 of
and Tax Abatement Act. The pro'. sidered for
Reinvestment Zone owned by
PSINet Realty Inc., as Park,
a minor plat, BIt at 1333
Crestside Dri
Services, made a
:d the Public Hearing and advised that no one had
on Item 16.
Councilmember York moved to close the Public Hearing and approve
Item 16 - the designation of a reinvestment zone pursuant to Section
312,201 of the Property Redevelopment and Tax Abatement Act. The
property to be considered for Reinvestment Zone designation is that
property owned by PSINet Realty Inc., described as Northlake 635
Business Park, a minor plat, Block B Lot 2 (6,527 acres) and located at
1333 Crestside Drive, Coppell, Texas, and Item 17 - Approve Ordinance
No. 2000-917 designating the PSINet Realty Inc. property as
Reinvestment Zone No. 27. Councilmember Tunnell seconded the
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Page 8 of 18
motion; the motion carried 6-0 with Mayor Pro Tem Wheeler and
Councilmembers Garcia, Peters, Keenan, Tunnell, and York voting in
favor of the motion.
17. Consider approval of an Ordinance designating the PSINet
Realty Inc. property as Reinvestment Zone No. 27, and
authorizing the Mayor to sign.
This item was considered under Item 16. See Item 16 for minutes.
18. PUBLIC HEARING: .. :.
Consider approval of Case No. ZC-604 {CH} from
MF-2 {Multi Family-2) to PD-MF-2 {Planner tent, MF-2)
on approximately 3.6 acres of propel the west
side of Harris Street, north of Bethe Road.
Presentation: '.:~::
2:::i .'.' .
Gary Sieb, Mtv Scrvl,.ccs, made a
~ :,,,.:.
presentation '~'
advised that no one had
signet :e
Action: "' ;~'~
"::!iiLCou. moved to close the Public Hearing and approve
';L~i~i:;::' (CH) zoning change from MF-2 (Multi Family-2) to PD-
(72~.;:. md Development, MF-2)on approximately 3.6 acres of
:rty located along the west side of Harris Street, north of Bethel
School Road. Councilmember Peters seconded the motion; the motion
.~'~?~ .....carried 5-1 with Mayor Pro Tern Wheeler and Councilmembers Garcia,
Peters, Keenan ~d York voting in favor of the motion. Councilmember
Tunnell voted against the motion.
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Page 9 of 18
19. PUBLIC HEARING:
Consider approval of Case No. PD-176R2, McMillan Estates, PD
Amendment, to allow the development of two {2) single-family
homes on approximately 1.04 acres of property and to
establish SF-9 zoning on approximately 0.46 acres to allow two
tracts to be incorporated into existing adjacent lots in the Old
Coppell Estates subdivision located along the north side of
Bethel Road.
Presentation:
adea
Gary Sieb, Director of Planning and Community ' ~
presentation to the Council. ~
Public Hearing
Mayor Sheehan opened the Public Hi i no one had
signed up to speak on Item 19.
Action:
Councilmemb~ lxblic approve
to allow the
..... ;' on approximately 1.04 acres
"!" approximately 0.46 acres to
:."!"'allow." adjacent lots in the Old
Co the north side of Bethel Road
wi t.h ti,
·
., .
1, no garage door(s) shall face
a~;~{''~ Ro a d.
;! ::;~ ..'
. ~:' '4~
"~'~!:i!::..~::::,~.,.! ) All garages shall be swing-ent~ and
,:~22.,'
::''""~'~"~;~ ~; adcquately screened from adjacent
'; '' ~..~.::~! ~H~;',.'~:
residents to the west.
3) All rear fencing materials to the west shall
be limited to decorative metal only.
4) The driveways sh~l be 14' in width.
5) Acknowledgement that no structures can
be built within the 100-year floodplain
including swimming pools and fences.
CM07112000
Page 10 of 18
6) Show acreage of this revised PD on all
exhibits.
7) Botanical names must be shown on
landscape plan.
8) All plant material must meet Plant Palette
requirements.
9) A tree removal permit is required.
10) A Park Dedication Fee of $1,285 per
dwelling unit is required.
11) Correct zoning immediately to
"C", not "R'.
!.
12) The City of Co' have
res mance
hereon; have
areas are to
, ":': of stormwater and
.li'i'
:.,~i potential erosion by the
.~:'..!iiii!L!. No fences will be allowed in the
':!~ as per the City's Floodplain Ordinance.
~::.~a~ Pro Tern Wheeler seconded the motion; the motion carried 6-0
with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters,
Keenan, Tunnell and York voting in hvor of the motion.
20. Consider approval of the Bethel Road Estates, Phase II Lots 1
and 2, Block 1, Minor Plat, to allow the development of two {2)
single-family homes on approximately 1.04 acres of property
along the north side of Bethel Road, approximately 120 feet
east of Hearthstone Lane.
CM07112000
Page 11 of 18
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Action:
Councilmember York moved to approve the Bethel Road Estates, Phase II
Lots 1 and 2, Block 1, Minor Plat, to allow the development of two (2)
single-family homes on approximately 1.04 acres of property along the
north side of Bethel Road, approximately 120 feet east of Hearthstone
Lane with the following conditions:
1) A tree survey be acceptable to thc l.eisg..r.~.'
. : '.
Services Department. ...?:.,,:~L~:!?i!il~;:,~..,''
2) No development shall be I l:60-yal
flood plain. ,
31 A Tree Removal is
removal.
,2.!:":'i'.~
i4) per dwelling
. ...::..
'...,! ..
6) ;11 will have no responsibility for
' ~oodway/~oodplain areas as
'~"! ; however, the City does have the
· '~"LXZ:ii!i!Z): to regulate activity in the
. ;,
.":: as per the City's Floodplain
:!!i~i::: ;,, Ordinance. The maintenance of these areas
~ :::""" !.', shall be the sole responsibility of the individual
' :' lot owner(s) adjacent to said areas. These areas
are to remain free of improvements that may
obstruct the flow of stormwater and protected
from potential erosion by the owners. No fences
will be allowed in the floodplain, along with any
other structures as per the City's Floodplain
Ordinance.
CM07112000
Page 12 of 18
Mayor Pro Tem Wheeler seconded the motion; the motion carried 6-0
with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters,
Keenan, Tunnell and York voting in favor of the motion.
21. PUBLIC HEARING:
Consider approval of the Old Coppell Estates, Replat of Lots 15
and 16, Block 1, to allow the incorporation of approximately
0.093 of an acre of property to Lot 15R and approximately
0.25 of an acre of property to Lot 16R located east of
Hearthstone Lane; north of Bethel Road.
Presentation: ..,....
Gary 8ieb, Director of Planning and ~es, made a
presentation to the Council.
Public Hearing
Mayor Sheehan opened the !m 2 1 ar~:!advised that
no one had mgne, to s at Hearing i!~nd that the
applicant was ,.....
Hearing and approve the
',' Old md 16, Block 1 to allow the
incor of an acre of property to Lot 15R
and acre of property to Lot 16R located east of
.. i I.h Bethel Road with the following conditions:
,.,..
.dl..
· ,~
..~....::~: affected property owners agree to the
: ":!~"' ue st.
.:,,
:..:;~.
',., .
.,-" 2) Acknowledgement that no building/structure can
,~,zi~.:~ .... occur in the floodplain.
3) Correct zoning to reflect "C" zoning south and
east of request area.
4) The City of Coppell will have no responsibility for
maintenance of the ~oodway/~oodplain areas as
shown hereon; however, the City does have the
authority to regulate activity in the
CM07112000
Page 13 of 18
~oodway/~oodplain as per the City's Floodplain
Ordinance. The maintenance of these areas
shall be the sole responsibility of the individual
lot owner(s) adjacent to said areas. These areas
are to remain free of improvements that may
obstruct the flow of stormwater and protected
from potential erosion by the owners. No fences
will be allowed in the floodplain, along with any
other structures as per the City's Floodplain
Ordinance.
Councilmember Garcia seconded the motion; the motion ' - '
Mayor Pro Tem Wheeler and Councilmembers e0eT~tnh'
Garcia,
Tunnell and York voting in favor of the motion.
22. PUBLIC HEARING:
Consider approval of the Lake , Rep of Lot 15,
Block E, to allow for the ' Lpproxi rely 0.5 of
an acre of property into~ 15R at 5 ake Park
Drive.
Pr. '
· '::',~' Services, made a
:',i! pres,
Public H,
Mayo! Public Hearing on Item 22 and advised that
no to speak at the Public Hearing and that the
·: app to answer any questions.
,d~' Ken Griffin, Director of Engineering and Public Works, addressed the
flood plain issue on the property.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
the Lake Park Addition, Replat of Lot 15, Block E, to allow for the
incorporation of approximately 0.5 of an acre of property into Lot 15R
located at 579 Lake Park Drive with the following condition:
CM07112000
Page 14 of 18
1) The City of Coppell will have no responsibility for
maintenance of the ~oodway/~oodplain areas as
shown hereon; however, the City does have the
authority to regulate activity in the
~oodway/~oodplain as per the City's Floodplain
Ordinance. The maintenance of these areas
shall be the sole responsibility of the individual
lot owner(s) adjacent to said areas. These areas
are to remain free of improvements that may
obstruct the flow of stormwater and protected
from potential erosion by the owners. No fences
will be allowed in the floodplain, along with any
other structures as per the City's Floodplain_~
Ordinance. ...:
Councilmember York seconded the motion; 6-0 with
Mayor Pro Tem Wheeler and Councilme~ ~rs, Keenan,
Tunnell and York voting in favor of the m~
Consider a ~f the of ChriSt Addition,
R~ ~ry a~tion to the
· spaces on 6.5 acres of
":: .d.
Gary and Community Services, made a
prose!
Shcehan opened the Public Hearing on Item 23 and advised that
'B~6':""'onc had signed up to speak at the Public Hearing and that the
applicant was present to answer any questions.
CM07112000
Page 15 of 18
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
the Riverside Church of Christ Addition, Replat, to allow the construction
of a two-story addition to the existing church and additional parking
spaces on 6.5 acres of property located at 150 E. Beltline Road.
Councilmember York seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan,
Tunnell and York voting in favor of the motion.
approximately one acre of property located side of
Moore Road; south of Sandy Lake Road. ·
Presentation:
Jim Witt, City Manager, . Gary Sieb,
Director of Planning and a senration to
the Council.
Action
Coppell Center for the Arts,
:.'~:=~":~Ame to the parking plan on
· .'.a on the west side of Moore
Road;~l Duncilmember Peters seconded the
ml 6-0 with Mayor Pro Tem Wheeler and
Co ~,.:."Pcters, Keenan, Tunnell and York voting in
: faw
2.5~ ~ approval of accepting the resignation of Pamela
'!~.'::'.!i,/~... from the Coppe11 Economic Development Committee
~i~" and appointing a replacement,
Councilmember Tunnell moved to accept the resignation of Pamela
Kurtzman from the Coppell Economic Development Committee and
appoint Jay Thompson to fill Pamela Kurtzman's unexpired term.
Councilmember York seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan,
Tunnell and York voting in favor of the motion.
CM07112000
Page 16 of 18
26. Presentation by Arthur Kwast regarding disabled parking at the
Arts Center.
This item was pulled from the agenda until a later date.
27. Necessary action resulting from Work Session.
There was no action necessary on this item.
28. City Manager's Report.
A. Jim Witt, City Manager, requested that ~'~'~.,~"' meeting be
scheduled for Wednesday, July 26, 2 jff'p.
29. Mayor and Council Re .... · ~ipa ade.
A. Report by Mayor She, of O~ning of the
Ju ~ r
B. Report by ,.~'::~:~;'~i
Co'~ell Animal
..... regarding TU Electric's
some time.
:~ E. regarding National Night
;,;..
" A. the Coppell Exchange Club for the great
' ~', did on the 4thof July Parade.
yor Sheehan reported on the huge success on the Grand
:::~2~'~ . .,:~ ':.' ..."
:.!. · .. Opening of the Aquatic/Recreation Center.
C. Mayor Sheehan reported that the Coppell Animal Seaices and
Adoption Center now has their animals ~at are up for adoption
posted on ~e internet site ~.pet~nder.org ~d they are
receiving an average of 500 hits a week and the adoption rate has
increased for our adoptable pets. Mayor Sheehan also reported on
the latest statistics for the Animal Shelter.
CM07112000
Page 17 of 18
D. Councilmember Keenan asked if it was possible to notify Coppell
residents in their water bill insert that they need to call TXU
regarding problems with street lights.
E. Councilmember Peters announced that the 17th Annual National
Night Out will be celebrated Tuesday, August 1st in Coppell.
30. Necessary Action Resulting from Executive Session.
A. Discussion and consideration of proposed Cerulean
settlement.
A. Mayor Pro Tem Wheeler moved to accept a settl¢.m~ in the
amount of $162,500.00 from Cerulean lncorpo ::.::C. asc styled
City of Coppell vs. Cerulean Incorporated. York
seconded the motion; the motion carri~ 'or Pro Tem
Wheeler and Councilmembers Tunnell,
and York voting in favor of the m~
There being no further business to Counc",~...'i~ the; meeting
was adjourned.
.~,
.'. ;.,~: ,':Z. .~'
ATI'I£ST: ......
';:...'!
:~:1....
.~cretary
CM07112000
Page 18 of 18
AGENDA REQUEST FORM
COUNCIL MEETING: July 25, 2000 ITEM #
ITEM CAPTION:
Consider approval of a License Agreement between the City of Coppell and George Dixon concerning
encroachments into an existing sanitary sewer easement on Lot 20, Block B Northlake Woodlands Section 5
(153 Meadowcreek); and authorizing the City Manager to sign.
SUBMITTED BY: Kenneth M. GrifFin, P.E.
TITLE: Director of Engineering/Public Works
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS :~\~
DIR. INITIALS: ~/--~ FIN. REVIEW:~J~ CITY MANAGER REViEW~~ '
Agenda Request Form - Revised 5/00 Document Name: #07251
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griff'm, P.E., Director of Engineering/Public Works ~/'7
Date: July 25, 2000
RE: Consider approval of a License Agreement between the City of Coppell and
George Dixon concerning encroachments into an existing sanitary sewer
easement on Lot 20, Block B Northlake woodlands Section 5 (153
Meadowcreek); and authorizing the City Manager to sign.
When the home at 153 Meadowcreek was originally constructed, there was an encroachment
over an existing sanitary sewer line along the side and rear of the house. In 1989, the City
Council approved Resolution No. 032889.1 acknowledging that the house and other
improvements were built over the utility easements. The City then accepted the abandonment of
those portions of the easement in exchange for the dedication of like easements. Resolution No.
032889.1 did not address the encroachment of an existing deck at the rear of the house. Mr.
Dixon recently contacted my office stating that hc was considering selling the property and that
the deck in the sanitary sewer easement could be an issue if a perspective buyer were concerned
about the City requiring the removal of the deck from the sanitary sewer easement. The deck
was constructed over ten years ago over an existing manhole. A section of the deck was actually
constructed in such a way that it can be removed to access the manhole.
In early 1990 the City of Coppell constructed the Grapevine Creek sanitary sewer line from
Denton Tap to MacArthur that removed most of the flow from the sanitary sewer line behind Mr.
Dixon's house. Because of the reduction of flow in the sanitary sewer line behind Mr. Dixon's
house, there should be no need for the City of Coppell to access the sewer line for replacement.
The only access to the sewer line is for maintenance, televising and cleaning of the line. I have
attached a copy of a letter from Mr. Dixon and also a copy of the 1989 Resolution.
The license agreement allows the existing deck to remain within the City of Coppell's sanitary
sewer easement. The license agreement is a revocable agreement as clarified in paragraph 6
which states that if the City requires the use of this easement at any time in the future it could
require the permitted improvements i.e., the existing deck, to be removed at the sole cost of the
property owner. Because the deck has existed for more than 10 years, and because the
construction of the Grapevine Creek Sanitary Sewer Line removed most of the flow from the
sanitary sewer line and because the deck has been constructed in such a way as to allow access to
the sewer line, I have no objections to the license agreement between the City of Coppell and
George Dixon, the property owner at 153 Meadowcreek.
Staff will bc available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
STATE OF TEXAS §
§ LICENSE AGREEMENT
COUNTY OF DALLAS §
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter
referred to as "CITY") and George Dixon et ux (hereinafter collectively referred to as
"LICENSEE") acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE own the real property improvements located at 153
Meadowcreek and being more particularly described in Exhibit "A", attached hereto and
incorporated herein as set forth in full; and
WHEREAS, LICENSEE constructed or caused to be constructed a deck (hereinafter
referred to as the "IMPROVEMENTS") within City right-of-way sewer easement as shown on
the attached survey plat marked Exhibit "B" and incorporated herein for all purposes; and
WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the
sewer easement for LICENSEE IMPROVEMENTS;
NOW THEREFORE, in consideration of the covenants contained herein and other
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Purpose: CITY hereby grants LICENSEE a revocable license for the purpose of
maintaining and using the deck (the "PERMITTED IMPROVEMENTS") encroaching the CITY
sewer easement and being more particularly depicted on the map marked Exhibit "B" attached
hereto and incorporated herein for all purposes.
2. Term: The term of this License shall be perpetual, subject, however, to termination by
the CITY as provided herein.
3. Non-exclusive: This License is nonexclusive and is subject to any existing utility,
drainage or communications facilities located in, on, under or upon the utility easement or
property owned by CITY, any utility or communication company, public or private, to all vested
rights presently owned by any utility or communication company, public or private for the use of
the CITY utility easement for facilities presently located within the boundaries of the easement
and to any existing lease, license, or other interest in the easement granted by CITY to any
individual, corporation or other entity, public or private.
4. Environmental Protection: LICENSEE shall not use or permit the use of the property
for any purpose that may be in violation of any laws pertaining to the health of the environment,
including without limitation, the comprehensive environmental response, compensation and
License Agreement - Page 1 34828
liability act of 1980 CCERCLA"), the resource conservation and recovery act of 1976
CRCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant
that the PERMITTED use of the property will not result in the disposal or other release of any
hazardous substance or solid waste on or to the property, and that it will take all steps necessary
to ensure that no such hazardous substance or solid waste will ever be discharged onto the
property or adjoining property by LICENSEE. The terms "hazardous substance and waste" shall
have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall
have the meaning specified in the RCRA; provided, however, that in the event either CERCLA
or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader
meaning shall apply subsequent to the effective date of such amendment; and provided further, at
the extent that the laws of the State of Texas establish a meaning for hazardous substance,
release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA,
such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against
all costs, environmental clean up to the property and surrounding CITY property resulting from
LICENSEE' use of the property under this License.
5. Mechanic's liens not permitted: LICENSEE shall fully pay all labor and materials used
in, on or about the property and will not permit or suffer any mechanic's or material man's liens
of any nature be affixed against the property by reason of any work done or materials furnished
to the property at LICENSEE' instance or request.
6. Future City, use: This License is made expressly subject and subordinate to the right of
CITY to use the property for any public purpose whatsoever. In the event that CITY shall, at any
time subsequent to the date of this Agreement, at its sole discretion, determine that the relocation
or removal of the PERMITTED IMPROVEMENTS shall be necessary or convenient for CITY's
use of the property, LICENSEE shall at the sole cost and expense make or cause to be made such
modifications or relocate said PERMITTED IMPROVEMENTS was not to interfere with the
CITY's or CITY's assigns use of the property. A minimum of thirty (30) days written notice for
the exercise of the above action shall be given by CITY and LICENSEE shall promptly
commence to make the required changes and complete them as quickly as possible or reimburse
CITY for the cost of making such required changes.
7. Duration of License: This License shall terminate and be of no further force and effect
in the event LICENSEE shall discontinue or abandon the use of the PERMITTED
IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED
IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs;
or, in the event that the City abandons the property s depicted as a public easement on Exhibit B,
then this agreement shall be of no further effect.
8. Compliance with laws: LICENSEE agree to abide by and be governed by all laws,
ordinances and regulations of any and all govemmental entities having jurisdiction over the
LICENSEE.
9. Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and
indemnified against and from any penalty, or any damage, or charge, imposed for any violation
License Agreement - Page 2 34828
of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE,
whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or
assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and
indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless
against and from any and all loss, cost, damage, or expense, including attorney's fee, arising out
of or from any accident or other occurrence on or about the property causing personal injury,
death or property damage resulting from use of property by LICENSEE, its agents, employees,
customers and invitees, except when caused by the willful misconduct or negligence of CITY, its
officers, employees or agents, and only then to the extent of the proportion of any fault
determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times
defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost,
damage, or expense, including attorney's fees arising out of or from any and all claims or causes
of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors
or assigns in any respect to comply with and perform all the requirements and provisions hereof.
10. Action upon termination: At such time as this License may be terminated or canceled
for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED
IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY
utility easement and shall restore such property to substantially the condition of the property
prior to LICENSEE' encroachment at LICENSEE sole expense.
11. Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY giving LICENSEE thirty (30) days prior written notice;
c. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement;
d. By the City abandoning any interest in the utility and drainage easement.
12. Notice: When notice is permitted or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid in the
United States mail, certified retum receipt requested, and addressed to the parties at the address
set forth opposite their signature. Either party may designate from time to time another and
different address for receipt of notice by giving notice of such change or address.
13. Attorney's fees: Any signatory to this Agreement, who is the prevailing party in any
legal proceeding against any other signatory brought under or with relation to this Agreement
shall be entitled to recover court cost and reasonable attomey's fees from the non-prevailing
party.
14. Governing law: This Agreement is govemed by the laws of the State of Texas; and
venue for any action shall be in Dallas County, Texas.
15. Bindine effect: This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
License Agreement - Page 3 34828
16. Entire Agreement: This Agreement embodies the entire agreement between the parties
and supersedes all prior agreements, understandings, if any, relating to the property and the
matters addressed herein and may be amended or supplemented only by written instrument
executed by the party against whom enforcement is sought.
17. Recitals: The recitals to this Agreement are incorporated herein by reference.
18. Legal construction: The provisions of this Agreement are hereby declared covenants
running with the property and are fully binding on all successors, heirs, and assigns of
LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any
person who acquires any fight, title, or interest in or to the property, or any part hereof, thereby
agrees and covenants to abide by and fully perform the provisions of this agreement with respect
to the fight, title or interest in such property.
EXECUTED this __ day of ,2000.
CITY OF COPPELL, TEXAS
By:
JIM WITT, CITY MANAGER
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
ACCEPTANCE ACKNOWLEDGED BY:
LICENSEE:
By:
GEORGE DIXON
By:
License Agreement - Page 4 34828
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instntrnent was acknowledged before me on the __day of ,
2000, by Jim Wilt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
Notary Public, State of Texas
My Commission Expires:
License Agreement - Page 5 34828
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of .,
2000, by George Dixon.
Notary Public, State of Texas
My Commission expires:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of ,
2000, by
Notary Public, State of Texas
My Commission expires:
License Agreement - Page 6 34828
~ ~ ~ ~t 4~~ITY COUNCIL MEETING: July 25, 2000 ITEM #
ITEM CAPTION:
Consider approval of a Supplemental City/County Agreement between the City of Coppell and Dallas County
providing for the City's portion of funding in the amount of $344,262.00 for Belt Line Road from Denton Tap to
MacArthur as funded in the Series 1995A Certificate of Obligation Bonds; and authorizing the City Manager to
sign.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Director of Enli;ineering/Public Works
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $ AMT. EST. $ +X-BID $ '\
FINANCIAL COMMENTS:
Funds for this project have been provided by the 1995A Street CIP. I '
DIR. INITIALS: ~ FrN. REVIEW: ~ CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00 Document Name: #07252
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griff'm, P.E., Director of Engineering/Public Works V-'7
Date: July 25, 2000
RE: Consider approval of a Supplemental City/County Agreement between the City of
Coppert and Dallas County providing for the City's portion of funding in the amount
of $344,262.00 for Belt Line Road from Denton Tap to MacArthur as funded in the
Series 1995A Certificate of Obligation Bonds; and authorizing the City Manager to
sign.
On May 22, 2000 Dallas County received and opened five bids for the construction of Belt Line Road
from Denton Tap to MacArthur. The low bidder was Zachary Construction Corp. in the amount of
$6,670,665.82. It is anticipated construction will begin in September 2000 and continue for
approximately eighteen months. As part of the construction, the City of Coppell is required to fund
portions of the project which are of an amenity, traffic or water utility relocation nature. On this
project the items which the City of Coppell will be required to fund are: conduit for future traffic
lights or irrigation, pull boxes for traffic lights, foundations for street lighting, pavement markings,
traffic buttons, brick pavers, temporary traffic signals, relocating existing traffic signals and adjusting
portions of our existing 24" water line. The City of Coppell's cost for those items is $344,262.00. In
essence, the City of Coppell is paying approximately 5% of the overall cost on the project. Also, once
construction has begun, there will be an agenda item brought forth as a change order to provide for the
construction of a permanent traffic signal at the Belt Line/Mockingbird intersection. The permanent
traffic signal at the Belt Line/Moore intersection lies within the City of Dallas and they will be
absorbing that cost. Also, as with any large construction project, there will be additional change orders
to cover the cost of unknown items encountered during the course of construction.
Staff recommends the approval of the supplemental City/County Agreement with Dallas County in the
amount of $344,262.00. Staff will be available to answer questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
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STATE OF TEXAS §
COUNTY OF COPPELL §
SUPPLEMENTAL
CITY/COUNTY AGREEMENT
WHEREAS, the City of Coppell, herein,after called "City~ and the Cotmty of Dallas, Texas,
hereinafter called "County", desire to emer into a Supplemental City/County Agreement to the
Interlocal Contract for the Implementation of the 1991 Bond Program, approved by Court Order 93-
1295 dated August 3, 1993, to provide for the funding of cometion of city-requested items in
connection with the Belt Line Road Project No. 91-829 from Denton Tap Road to MacArthur Blvd.
in the Cities of Coppell and Dallas and County of Dallas, Texas, (hereinafter called the "Project");
and
WHEREAS, Chapter 791 of the Texas Government Code, provides authorization for local
govemments to contract with each other for the performance of governmental functions and services;
and
WHEREAS, funding for the Project is authorized by the 1991 County of Dallas
Transportation Bond Program.
NOW THEREFORE, THIS SUPPLEMENTAL CITY/COUNTY AGREEMENT
eaereinafter called the "Agreement') is hereby made and entered into by the "City" and "County", in
consideration of the mutual promises and covenants stated below:
Supplemental Cily/Cotmty Agreement
Belt Line Road Project No. 91-829
Denton Tap Road to MacArthur Blvd.
1
WITNESSETH
I.
City hereby requests that County provide for cometion of City-requested items in connection with
the Project, as' specified in Attachment A, attached hemto and incorporated herein for all purposes.
City agrees to participate in the cost of the Project to the extent of the items of construction
requested by City as described in Attachment A. The amotmt of City's share of funding for design
and construction of the Project shall not exceed Three Hundred Forty-four Thousand Two Hundred
Sixty-two and no/hundredths ($344,262.00) Dollars.
II.
City agrees to provide all funding, including costs of design, for the City requested items from current
revenues available to the City. Subsequent to County receipt of construction contract bids and prior
to the award of such coreract, County shall notify City of the total cost of construction of City funded
items as determined by the unit bid prices for the City-funded quantity of work and design cost.
Subject to the not-to-exceed amount stated in Paragraph I above, City shall establish an escrow
account and shall deposit funds equal to City's share ofthe total cost of Project construction in said
account prior to the award of the construction contract. County will bill City on a monthly basis,
based upon actual City-funded work performed during the month. City agrees to pay such billing
within thirty (30) days after receipt of the monthly billing. Upon completion of the Project, County
will do a final accounting ofthe cost of City-funded items. In the event that the mount paid by City
exceeds the actual cost, the difference will he remitted to City within thirty (30) days after completion
of the final accounting. In the event that additional funds are due for City requested items, County
Supplemental City/County Agreement
Belt Line Road Project 91-829
Denton Tap Road to MacArthur BIrd. 2
w~l bill City in the amount of the additional funds; provided, however, that in the event the additional
funding required exceeds the not-to-exceed mount stated in Paragraph I above, payment can only
be made by City pursuant to supplemental agreement authorized by resolution of the City Counc~ and
City sho!l not be obligated to make payment in excess of the not-to-exceed amount stated above until
authorization is obtained from the City Council City agrees to pay such additional funds, if and when
authorized, within thirty (30) days after receipt of the billing from County or authorization from the
City Council, as applicable.
HI.
City hereby agrees to provide water and wastewater inspection services for the City-funded work in
coordination with the County through County' s Department of Public Works.
IV.
City agrees to he responsible for approval of all design changes and to provide for any additional
funding necessitated thereby or for any increase in quantity of construction for City-funded work.
Adjustments in City funding shall he approved by duly authorized supplemental agreement in
accordance with the Charter and ordinances of the City of Coppell.
V.
County hereby agrees to provide for advertisement for bids and award of contract for construction
on the Project and to provide for contract admims'tration, construction inspection and material.~
testing in accordance with the approved plans and specifications, subject to County funding
participation as provided in the 1991 Bond Program authorization for this Project.
Supplemental City/County Agreement
Belt Line Road Project 91-829
Denton Tap Road to MacArthur Blvd.
3
County hereby agrees that construction will not commence until this Agreement has been fully
executed by the City and the County.
VII.
County hereby agrees that it will not make any payment, progress or final, to the contractor
performing the City-funded work under this Agreement until construction has been approved in
writing by the City. County agrees that all paymems to the contractor shall be based on measured
quantifies of the Work completed, as furnished to the County by the City's authorized
inspector/representative.
VIII.
County hereby agrees to provide all right-of-way within the City of Dallas for construction of the
Project and the Work. City hereby agrees to provide all right-of-way within the City of Coppell for
cometion of the Project and the Work.
IX.
County hereby agrees to advise City of all design changes and construction change orders occurring
during the construction. Funding for all change orders shall be in accordance with Section IV
through VII of this Agreement.
X.
This Agreement shall be expressly subject to the County's Sovereign Immunity and the Governfrontal
Immunity of City, Title 5 of the Texas Civil Practice and Remedies Code, as mended, and all
applicable Federal and State Law. This Agreement and all matters pertinent thereto shall be
Supplemental City/County Agreement
Belt Line Road Project 91 ~829
Denton Tap Road to MacArthur Blvd.
4
construed and enforced in accordance with the laws of the State of Texas and venue shall lie
exclusively in Dallas County, Texas.
XI.
City and County agree and acknowledge that each entity is not an agent of either of the other entity
and that each entity is respom~le in accordance with the laws of the State of Texas for its own acts,
forbearance, negligence and deeds, and for those of its officers, agents or employees in conjunction
with the performance of work covered under this Agreement.
XII.
The Effective Date of this Agreement shall he the latest date it is executed by one of the parties.
Reference to the date of execution shall mean the Effective Date.
XIII.
This Agreement may he executed in multiple counterparts, each of which shall be deemed an original,
but all of which shall constitute one and the same instrument.
XIV.
In the event that one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein, and all other provisions
of this Agreement shall remain in full force and effect.
XIII.
This Agreement embodies the complete agreement of the parties, superseding all oral or written
Supplemental City/County Agreement
Belt Line Road Project 91-829
Denton Tap Road to MacArthur BIrd. 5
pm. vious and contemporary agreements between the parties and relating to matters in this Agreement
and, except as otherwise provided herein, cannot be modified without written supplemental
agreement of the parties to be attached hereto and made a part ofthL~ Agreement.
Executed as of the Effective Date.
COUNTY OF DALLAS CITY OF COPPELL
BY: Lee F. Jackson BY:
County Judge
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:'
Assistant District Attorney r- f -
Date Date ......
Supplemental City/County
Belt Line Road Project 91-829
Denton Tap Road to Ma~Arthur Blvd. 6
A TTA CHMENT A
BELT LINE ROAD PROJECT 91-829
(Denton Tap Road to MacArthur Boulevard)
EXPENDITURES
PAVING/DRAINAGE CONSTRUCTION $6,670,666
CONTINGENCIES $ 453,521
ROW ACQUISITION $ 10,000
DESIGN + ADMINISTRATIVE COSTS $ 502,988
CONSTRUCTION MATERIALS TESTING $ 66,706
TOTAL PROJECT COSTS $7,703,881
PLUS EST SANDY LAKE 91-830 (ADMIN,
DESIGN, PROJ TRANSFERS) $ 536, 188
PLUS SANDY LAKE BRIDGE (FROM 91-830) $ 482,501
TOTAL ESTIMATED COST $8,722,570
DALLAS COUNTY AUTHORIZATION
AND OTHER FUNDING
DALLAS COUNTY FUND 481-829 $6,100,000
DALLAS COUNTY FUND 418-830 $1,500,000
DALLAS COUNTY FUND 490-403 $ 501,237
CITY REQUESTED ITEMS*
CITY OF COPPELL ITEMS $344,262
CITY OF DALLAS ITEMS $277,071
SUBTOTAL CITY ITEMS $ 621,333
TOTAL PROJECT FUNDING $8,722,570
*ITEMS MORE PARTICULARLY DESCRIBED IN DALLAS COUNTY BD PROPOSAL
#2000-175-534
BELT LINE ROAD PROJECT 91-829
(DENTON TAP RD. TO MACARTHUR BLVD.)
CITY REQUESTED ITEMS
CITY OF DALLAS/CITY OF COPPELL
61S CONDUIT (2")(PVC)(SCHED 40)
618 CONDUIT (3")(PVC)(SCHED 40)
618 CONDUIT (4")(PVC)(SCHED 40)
618 CONDUIT (8")(PVC)(SCHED 40)
624 PULL BOXES
656 FOUNDATIONS FOR ILLUMINATION POLES
666 THERMOPLASTIC PVMT. MARKINGS (24")(TY 1)
666 THERMOPLASTIC PVMT. MARKINGS (18")(TY 1)
668 PREFAB. PVMT. MKNGS. (SYMBOL)(WHITE)
668 PREFAB. PVMT. MKNGS. (LEGEND)(WHITE)
672 TRAFFIC BUTTONS (4")(W)
672 TRAFFIC BUTTONS (4")(I-W-C)
672 JIGGLE BAR TILES (I-W-C)
5899 PAVERS (BRICK)
BASED ON THE APPROXIMATE PROJECT STATIONS OF THE CORPORATE LIMIT LINES THE
ABOVE ITEMS WILL BE DISTRIBUTED: CITY OF DALLAS - 57%, CITY OF COPPELL - 43%
CITY OF DALLAS
681 TEMP. TRAFFIC SIGNALS FOR CONST. (INTERSECTION) - 1
CITY OF COPPELL
681 TEMP. TRAFFIC SIGNALS FOR CONST. (INTERSECTION) - 2
686 RELOCATE TRAFFIC SIGNAL POLES
W. 1 ADJUST 24" WATER LINE
W.2 FITTINGS
W.3 CONC. ENCASEMENT
W.4 CONNECT PROP. 24" WATER LINE TO EX. 24" WATER LINE
CITY COUNCIL MEETING: July 25, 2000 ITEM #
ITEM CAPTION: Consider approval of a contract for the renewal of the Dallas County Health Services
Agreement, effective October 1, 2000 to September 30, 2001, in the amount of $3,131.00, and authorizing the
City Manager to sign.
SUBMITTED BY: Perri Kitties ~
TITLE: Environmental Health Officer
STAFF COMMENTS: For the past 18 years, dries within Dallas County have contracted for health services
from the Dallas County Health Department. The County Health Department provides health services to the
dtizens of the contracting communities that not provided by that munidpality.
For FY '01, the Dallas County Commissioners Court elected not to increase any contract amounts,
therefore, the contract cost is based on the FY '00 contract amount.
BUDGET AMT. $ AMT. EST. $ +X-BID $
FINANCIAL COMMENTS: Funds for this contract have been proposed in the 2000o2001 Budget, under
Environmental Health, Other Professional Services (01-04-16-4220). ~,
AD. IR INIT FIN. REVIE CITY MANAGER REVIE
genL Request Fo - ' Document Name: (DallCo
FY2001 FEE SCHEDULE
EXHIBIT A
SEXUALLY TRANSMITTED
Treatment $10 - $135 (Sliding Scale)
Blood Drawing $5
Cryosurgery (F) $60
Cryosurgery (M) , $50
Chemical Lesion Reduction (M) $45
TUBERCULOSIS
Clinic Treatment Sliding Fee Scale -Minimum $40
Chest X-Rays $40
Skin Test $12
LABORATORY
TB Susceptibility $31 each
Wet Prep $6 each TB Acid Fast Stain $13 each
Gram Stain $6 each Out of St. Marriage Lic/Blood Test $10 each
G-C Culture $14 each Pregnancy Test $10 each
RPR $11 each Urinalysis $ 5 each
GEN Probe GC Screen $23 each Dark Field $16 each
GEN Probe CT Screen $23 each Chancroid Culture $10 each
Salmonella/Shigella $16 each Herpes $ 38 each
TB Culture $28 each HIV Test $13 each
TB Concentration $17 each Group A Strep $14 each
TB Identification $15.13 each
NURSING SERVICE
Hepatilis A Vaccine $25/Injeclion Varivax $50/Injection
Hepalitis B. Vaccine $130/series Yellow Fever Vaccine $5 O/Injection
HDCV (IM) Rabies $150/series Cholera Vaccine $10/Injec lion
HDCV (ID) Rabies $150/series Immunization/VFC Program
Japanese Encephalitis $150/sefies IPV,MMR,Td, DTAP
HIB, Hep B, Varicella $5/Injection Adult, $3/Child
Meningococcal Vaccine $50/Injection Pneumococcal $8/Injection
Typhim (Typhodic) $35/Injection Influenza Vaccine $6/Injection
Typhoid (Polysacchacride) $35/Injeclion Diabetic Testing $5/Test
Typhoid Vaccine $10/Injection Records:
Foreign Travel Yellow Card $3 each
Immunizations $1 each
Typhoid Oral $20/Package Phone Contact $28/Screen
EPSDT $40/Screen Lyme Disease Vaccine $180/Series
Case Management Personal
Contact $58/Screen
ENVIRONMENTAL HEALTH
Septic Tank Inspection *$210/Inspection Day Care Center Inspections $1/per authorized child
Food Establishment Inspection $150/yr./establishment Half-Way Houses & Brdg Homes $50/per year
Mosquito Spraying for Non- $95 per hour
contracting cities
* $10 of the charge is for State fee Revised 01/11/00
EXHIBIT B
REPORT PERIOD: January, 1999 thru December, 1999'
TOWNS TB STD LAB COMMUNICABLE
DISEASE
Addison 25 47 242 127
Balch Springs 371 96 629 287
Buckingham I 0 0 2
Carrollton 961 174 1425 1045
Cedar Hill 274 83 326 432
Cockrell Hill 424 I 4 19
Coppell 37 22 80 500
Dallas 38867 16078 79987 21798
Desoto 71 197 405 429
Duncanville 167 142 510 2041
Farmers Branch 424 60 772 332
Garland 1996 624 6434 2136
Glenn Heights 0 34 57 9
Grand Prai~e 871 420 2554 863
Highland Park 0 0 0 64
Hutchins 82 31 178 16
Irving 2058 823 5846 1946
Lancaster 34 242 713 271
Mesquite 932 327 1750 1479
Richardson 1448 124 822 958
Rowlett 81 31 120 264
Sachse 0 1 11 30
Seagoville 231 65 301 145
Sunnyvale 2 0 4 17
University Park 0 0 0 63
Wilmer 17 49 1973 38
Out of County 86 622 2552 5542
Total 49460 20293 107695 40853
Numbers indicate contacts/clinic visits
04-Jan-O0
m ','- ,
X o
II
~-- IN CO if)0 C~ 0 C~ICO ~1 r- ~- LL')r~LO II
~- ~._ ~._
::3 II
rJ') II
II
II
II
,r-
II
4~
II
II~
II
II
II
II
II
II
II
!i
EXHIBIT D
FY'01 CONTRACT COSTS
MUNICIPALITIES CONTRACT COST
ADDISON $5,75 1
BALCH SPRINGS $9,377
CARROLLTON $23,823
CEDAR HILL $2,498
COCKRELL HILL $2,301
COPPELL $3,13 1
DALLAS $1,754,252
* DESOTO $17,620
* DUNCANVILLE $11,273
FARMERS BRANCH $14,853
* GARLAND $80,156
GLENN HEIGHTS $574
GRAND PRAIRIE $38,854
HIGHLAND PARK $132
HUTCHINS $3,149
IRVING $81,906
LANCASTER $12, 106
* MESQUITE $31,608
* RICHARDSON $23,756
ROWLETT $4,925
SACHSE $362
SEAGOVILLE $7,620
SUNNYVALE $99
UNIVERSITY PARK $48
WILMER $2,597
UNINCORPORATED $77,142
TOTAL $2,209,913
* NON-CONTRACTING CITIES
c:Lmy~les\wpdocs\pamela\concost.'00 January 10, 2000
CITY OF COPPELL
THE STATE OF TEXAS
COUNTY OF DALLAS
INTERLOCAL HEALTH SERVICES AGREEMENT
FOR FISCAL YEAR 2001
This Interlocal Health Services Agreement For Fiscal Year 2001 ("Agreement") is made by and
between Dallas County, Texas, on behalf of the Dallas County Health and Human Services
Department ("COUNTY") and the City of Coppell, Texas ("CITY"), acting by and through their
duly authorized agents.
WITNESSETH:
WHEREAS, COUNTY has offered to provide certain health services to cities throughout Dallas
County on a contract for services basis; and
WHEREAS, CITY desires to participate with COUNTY in establishing coordinated health services
for all of Dallas County;
NOW THEREFORE, in consideration of the foregoing and the terms and conditions hereinafier
set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
I.
PURPOSE
CITY and COUNTY agree that COUNTY will operate certain health services for the residents of
CITY in order to promote the effectiveness of local public health programs. The cooperative effort
will allow all cities in Dallas County to participate in providing public health services for their
residents under the terms of this Agreement.
H.
HEALTH SERVICES INCLUDED
(A) COUNTY agrees to operate the Dallas County Health Services Program hereinafier referred
to as "the Program", which will include the following health services:
(1) Tuberculosis Control Services- providing preventive, diagnostic treatment, and
epidemiologic services;
(2) Sexually Transmitted Disease Control Services- consisting of education to motivate
people to use preventive measures and to seek early treatment, prophylaxis,
epidemiologic investigation, and counseling in accordance with COUNTY policy;
(3) Communicable Disease Control Services- providing information concerning
immunization and communicable diseases and coordinating with the Texas
Department of Health in monitoring communicable diseases;
(4) Laboratory_ Services- performing chemical, biological, and bacteriological analysis
and tests on which are based diagnosis of disease, effectiveness of treatment, the
quality of the environment, the safety of substance for human consumption, and the
control of communicable disease;
(B) COUNTY agrees to provide to the contracting CITY, as mandated by state and federal law,
the following public health services: (a) immunizations; (b) child health care; (c) high
risk infant case management; and (d) home visits.
COUNTY also agrees to work with CITY in order to decentralize clinics and to plan and
provide for desired services by CITY; however, any other services that CITY requires, in
addition to the above mentioned services, may result in additional fees to CITY.
(C) COUNTY agrees to charge a sliding fee based on ability to pay to all residents of every city
in Dallas County. The fees charged by COUNTY under Article II (A) (1), (2), (3), and (4)
above, will be used to offset the contracting CITY' S Program costs in the upcoming fiscal
year. A schedule of fees to be charged by COUNTY is set out in "Exhibit A" attached hereto
and incorporated herein for all purposes.
(D) COUNTY agrees that the level of service provided in the Program for CITY will not be
diminished below the level of service provided to CITY for the same services in the prior
fiscal year except as indicated in Article II (E) . For purposes of Article II (E), level of service
is measured by the number of patient visits and number of specimens examined. COUNTY
will submit to CITY a monthly statement under Article VI (B), and a statement of the
number of patient visits and number of specimens examined during the preceding month.
(E) The possibility exists of reductions in state and federal funding to the Program that could
result in curtailment of services if not subsidized at the local level. If such a reduction in
state or federal funding occurs, COUNTY will notify CITY in writing of the amount of
reduction and the extent to which services will be curtailed as a result. This notice will also
include an amount which CITY may elect to pay to maintain the original level of services.
CITY will notify COUNTY in writing no later than 15 days of the date of the notice of
funding reduction as to CITY'S decision to pay the requested amount or to accept the
curtailment of service. If CITY elects to pay the requested amount, payment is due no later
than 45 days after the date of the notice of funding reduction.
2
BUDGET
(A) COUNTY agrees to operate the services listed in Article II at the level of services and for
the amount stated on Exhibit D, attached hereto and incorporated herein for all purposes, to
be paid by CITY for the fiscal year October 1, 2000, through September 30, 2001.
(B) COUNTY agrees to submit to CITY by July of each year a proposed budget describing the
proposed level of services for the next fiscal year.
(C) CITY agrees to pay COUNTY, as set forth in "Exhibit D', the sum of $3,131 for fiscal year
2000-2001 which is the agreed upon CITY'S share of the total cost less federal and state
~unding. If CITY desires, it may request a negotiation for in-kind services, equal in value to
the total amount, in lieu of paying actual dollars.
(D) This Agreement is contingent upon CITY'S appropriation of funds for the services set forth
herein. In the event CITY fails to appropriate such funds, neither CITY nor COUNTY shall
incur any obligations under this Agreement.
IV.
ADMINISTRATION OF THE PROGRAM
The Program will be operated and supervised by COUNTY.
V.
FACILITIES
CITY agrees to provide to COUNTY or assist in procuring adequate facilities to be used for public
health programs. These facilities must have adequate space, waiting areas, heating, air conditioning,
lighting, and telephones. None of the costs and maintenance expenses associated with these facilities
shall be the responsibility of COUNTY and COUNTY shall not be liable to CITY or any third party
for the condition of the facilities, including any premises defects.
VI.
FINANCING OF SERVICES
(A) The health services provided under this Agreement will be financed as follows:
(1) CITY and COUNTY will make available to the Program all federal and state funds,
personnel, and equipment previously used by CITY or COUNTY to provide the
health services included under this Agreement and will use best efforts to cause these
funds to continue to increase.
3
(2) CITY shall pay to COUNTY, or provide in-kind services, its share of budgeted costs
that are in excess of the federal and state funding for providing the health services
under this Agreement. Budgeted costs are those reflected in Article III (C) set forth
above for the appropriate fiscal year.
(B) COUNTY shall bill CITY each month an amount equal to one-twelfth (1/12th) of its share
of annual budgeted costs that exceed federal and state funding for the expenses of the
preceding month. CITY shall remit payments to COUNTY in accordance with the Prompt
Payment Act, Chapter 2251 of the Government Code.
(C) CITY and COUNTY agree that no more than ten percent (10%) of the CITY'S cost of
participating in the Program will be used for administration of the Program.
(D) All payments for the performance of services under this Agreement shall be paid from
current revenues available to the CITY.
The duration of this Agreement shall be for a one (1) year term beginning on October 1, 2000, and
ending September 30, 2001, unless otherwise earlier terminated in accordance with Article VIII set
forth below, with an option to renew this Agreement for additional one ( 1 ) year terms based on fiscal
year funding and appropriations in accordance with Article III (B), (C), and (D). Any renewals of
this Agreement shall be made in writing and agreed upon by a duly authorized representative of each
party.
VIII.
TERMINATION
(A) CITY or COUNTY may terminate this Agreement for any reason by giving the other party
written notice of its intent to terminate at least 45 days before the effective date of
termination.
(B) If CITY or COUNTY defaults in any of the obligations under this Agreement, CITY or
COUNTY may give notice of the default to the other party, describing the nature of the
default and specifying a reasonable time to make a correction. If the default is not corrected
within the time specified in the notice, this Agreement shall terminate.
(C) If this Agreement is terminated for any reason, each party will pay for, as a sole remedy for
such termination, all obligations incurred up to the effective date of the termination.
CITY RETAINED HEALTH SERVICES
Nothing in this Agreement shall be construed to restrict the authority of CITY over its health
programs or environmental health programs or to limit the operations or services of those programs.
X.
ACCESS TO PROGRAM
CITY and COUNTY agree to provide to the other upon request, copies of the books and records
relating to the Program. CITY and COUNTY further agree to give CITY and COUNTY health
officials access to all Program activities.
XI.
AGENCY
COUNTY and CITY agree and acknowledge that each entity is not an agent of the other entity and
that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of
its agents or employees in conjunction with the performance of work covered under this Agreement.
COUNTY and CITY agree that any liability or damages as stated above occurring during the
performance of this Agreement caused by the joint or comparative negligence of their employees or
officers shall be determined in accordance with comparative responsibility laws of the State of
Texas.
XH.
OTHER CITIES
CITY and COUNTY agree that other cities may join the Program by entering into an agreement
with COUNTY that contains the same basic terms and conditions as this Agreement.
XIH.
CONFIDENTIALITY
CITY and COUNTY agree that the confidentiality of all reports, information, client records and data
prepared, collected or assembled by COUNTY and CITY pursuant to this Agreement shall be
maintained in accordance with applicable federal and state laws, rules and regulations. Any
disclosure of confidential patient information by either party shall also be in accordance with all
applicable federal and state laws, rules and regulations. CITY and COUNTY shall further insure
that their employees understand and are familiar with confidentiality requirements regarding
HIV/AIDS-related medical information.
5
XIV.
SEVERABILITY
If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining
provisions, hereof shall not be affected or impaired, and such remaining provisions shall remain in
full force and effect.
XV.
APPLICABLE LAWS
This Agreement is made subject to the governmental immunity of CITY and the sovereign immunity
of COUNTY and all applicable laws of the State of Texas. Exclusive venue for any legal action
arising between the parties as a result of this Agreement shall lie in Dallas County, Texas.
XVI.
ASSIGNMENT
Neither party shall assign or transfer, in whole or in part, any rights or obligations under or interest
in this Agreement without the prior written consent of the other party.
XVII.
NOTICE
Any notice or certification provided for in this Agreement to be given by either party to the other
shall be required to be in writing and shall be deemed given when personally delivered or within
three (3) business days after being deposited in the United States Mail, postage prepaid, certified,
return receipt requested or registered addressed as follows:
To COUNTY: Lee F. Jackson
County Judge
Administration Building
411 Elm Street
Dallas, Texas 75202
To CITY: City Manager
City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
6
XVIII.
ENTIRE AGREEMENT
This Agreement represents the entire agreement among the parties with respect to the subject matter
covered herein.
XIX.
COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be considered
one and the same instrument.
The City of has executed this Agreement pursuant to duly
authorized City Council resolution No. , dated
2000. The County of Dallas has executed this Agreement pursuant to Commissioners Court Order
No. 2000 1113 ., on this 30th day of May ,2000.
COUNTY OF DALLAS CITY OF COPPELL
Lee F. Jackson Jim l~itt
Dallas County Judge city. l'lanager
Attest:
RECOMMENDED BY:
Betty Culbreath-Lister City Secretary
Director
APPROVED AS TO FORM: AP~~~RM:
John B. Dahill
Assistant District Attorney City Attorney
7
ITEM CAPTION:
Consider approval of an ordinance amending article 3-5 of Chapter 3 of the Code of Ordinances by
adding a new section 3-5-11 "Roll-off Containers", requiting all residences and commercial establishments
within the city to use only roll-off containers owned or operated by the city or contractor, and authorizing the
Mayor to sign.
SUBMITrED BY: Amanda Vanhoozier
TITLE: Community Programs Coordinator
STAFF COMMENTS:
Attached is an ordinance which is being recommended for the purpose of requiring residents and commercial
establishments to utilize roll-off containers provided by the City or its authorized franchisee.
The ordinance will ensure the roll-off containers used in the City of Coppell will be owned and operated by the City
or any independent contractor which has been granted a franchise by the City for the collection and disposal of
solid waste generated at any residence or commercial establishment.
Currently, roll-off containers are being placed and serviced by numerous solid waste companies that do not have an
authorized franchise to operate in the City of Coppell. The proposed ordinance would give privilege of using and
occupying the streets, highways, easements, alleys, parks and other public places in the City of Coppell only to an
authorized franchisee providing roll-off container services. The franchisee agrees to pay to the City a fee for this
privilege.
Waste Management is the authorized franchise to collect, transport and dispose of solid waste in the City of
Coppell.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COM1VIENTS:~\I~'
DIR. INITIALS:/)& FIN. REVIEW~i~ CITY MANAGER REVIEW
D tN
Agenda Request Form- Revised 5/00 ovamen ame:
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING ARTICLE 3-5 OF CHAPTER 3 OF THE CODE OF
ORDINANCES BY ADDING THERETO A NEW SECTION 3-5-11
"ROLL-OFF CONTAINERS"; PROVIDING REGULATIONS
CONCERNING ROLL-OFF CONTAINERS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE AND
DECLARING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS;
SECTION 1. That Article 3-5 of Chapter 3 of the Code of Ordinances of the City of
Coppell, Texas is hereby amended by adding thereto a new Section 3-5-11 which shall read as
follows:
"Section 3-5-11. ROLL-OFF CONTAINERS.
Any roll-off container used to collect, transport, or dispose
of any solid waste generated within the City shall be owned
and operated by the City or any independent contractor
which has been granted a franchise by the City for the
collection and disposal of solid waste. It shall be the
responsibility of the City or its authorized franchisee to
provide roll-off containers. Roll-off containers other than
those owned and operated by the City or its authorized
franchisee shall not be allowed for the collection,
transportation, or disposal of any solid waste generated
within the City."
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
34928
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 4. Any person, firm or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by
penalty of fine not to exceed the sum of Two Thousand Dollars ($2000.00) for each offense, and
each and every day such offense is continued shall constitute a new and separate offense.
SECTION 5. That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
., 2000.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
(JFR/jld 7/11/00)
2 34928
CITY COUNCIL MEETING: July 25, 2000 ITEM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. ZC-605(CH), zoning change request for Tract 1 from R
(Retail) to SF-12 (Single Family-12) on approximately 1.42 acres of property located along the east side of
MacArthur Boulevard, approximately 476 feet north of DeForest Road, and authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On May 18, 2000, the Planning Commission unanimously approved this zoning change (6-0).
On June 13, 2000, City Council voted to approve this zoning change (6-1) with Councilman Stover opposing.
On July 11, 2000, upon a request of the applicant's attorney and advice from City Attorney Bob Hager,
Council delayed a decision on Tract 1 (the Retail zoned property) until its meeting of July 25m.
Staff recommends approval.
a 0 :
Document Name @ZC605GH o
AN ORDINANCE OF THE CTrY OF COPPEIJ~ TEXAS
ORDINANCI NO.
AN ORDINANCE OF THE CITY OF COPPEIJ~ TEXAS,
AMENDING ~ COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS [II~RETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM R (RETAIL) TO SF-12
(SINGLE FAMII,Y-12) FOR APPROXIMATELY 1.421 ACRES OF LAND
LOCATED ON T~F~ EASTSIDE OF MACARTHUR, NORTH OF
DEFOREST ROAD AND BEING MORE DESCRIBED IN EXHIBIT "A"
ATTAC!:II~D HERETO; PROVIDING A REPEAI,ING CLAUSE;
PROVIDING A SEVERABII,ITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED ~ SUM
OF TWO THOUSAND DOI,LARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WFIF~REAS, the City Planning and Zoning Commission and the governing body of the City of
Coppelt, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing m all property owners generally, and
to all persons interested and situated in the affected area and in the vicinity thereof; the said goveming
body is of the opinion that Tract 1 of Zoning Application No. ZC-605 (CH) should be approved, and
in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and
Map should be amended.
NOW, T!:IF~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPEIJ~, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from R (Retail) to SF-12 (Single Family-
12) for approximately 1.421 acres located on the east side of MacArthur Boulevard, north of DeForest
Road, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for
all purposes.
35017
SECTION 2. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION :5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately ~om and after its passage and
the publication of its caption, as the law and charter in such cases provide.
35017
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BAIL, CITY SECRETARY
R BERT E. I--TA( ~ CITY ATTORNEY
(REI-Fcdb 7/17/00)
3 35017
TRACT 1
WHEREAS, UNIVEST PROPERTIES, INC., Trustee, is the owner of a tract of land situated in the
W.A. Trimble Survey, Abstract No. 1791 in the City of Coppell, Dallas County, Texas and also being part of a
tract of land as conveyed to Univest Properties, Inc., by deed recorded in Volume 9003, Page 3422 of the Deed
Records of Dallas County, Texas and being more particularly described as follows:
BEGINNING at a ~" iron rod set for corner on the east line of MacArthur Boulevard (a 110 foot wide
right-of-way), said point also being the southwest comer of Lot 35 in Block "B" of The Peninsulas of Coppell
an addition to the City of Coppell as recorded in Volume 96209, Page 3323 of the Deed Records of Dallas
County, Texas;
THENCE N. 71°21'39" E., 109.09 feet leaving the said east line of MacArthur Boulevard, and running
along the south line of said The Peninsulas of Coppell, to a ~" iron rod set for comer;
THENCE N. 86°01 '39" E., 90.58 feet continuing along the said south line of The Peninsulas of Coppell
to a 'A" iron rod set for comer, said point being on the west line of Creek Bend Estates, Tract 4, an addition to
the City of Coppell as recorded in Plat Cabinet "B", Page 52 of the Plat Records of Denton County, Texas;
THENCE S. 01°02'58" E., 529.94 feet along the said west line of Creek Bend Estates, to a ¼" iron rod
set for comer, said point being on the said east line of MacArthur Boulevard;
THENCE N. 31°57'46" W., 50.60 feet along the said east line of MacArthur Boulevard to a ~" iron rod
set for comer, said point being the beginning of a curve to the right having a central angle of 20°41 '31" a radius
of 1335.00 feet and achord bearing of N. 21°37'01" W.;
THENCE along said curve, and along the said east line of MacArthur Boulevard, 482.12 feet to the
Point of Beginning and containing 1.421 acres (6 1,903 square feet) of land.
EXHIBIT "A"
lofl
° COUNCIL MEETING: July 25, 2000 ITEM
ITEM CAPTION: PUBLIC HEARING: To receive citizen's input regarding Council's recommitment to a
flat tax rate during the life of the recent bond packages approved by the voters in November 1999.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +X-BID
FINANCIAL COMMENTS:~0\~
DIR. INITIALS: FIN. REVIEW:c~ CITY MANAGER
REVI
Agenda Request Form - Revised 5/00 Document Name: !Recommit
Memorandum
To: Jim Witt, City Manager
CC: Mayor and Council
From: Pat Keenan, Council Member
Date: 07/13/00
Re: Agenda Items/Flat Tax Rate
Jim, please include the following on the Council's agenda at the earliest possible date.
1. Request a public hearing on the Council's recommitment to a flat tax rate
during the life of the recent bond packages approved by the voters in November 1999.
2. Request Council's consideration of recommitting to a flat tax rate until
at least fiscal year 2005 that will cover the recent bond election.
3. Request a public hearing for the establishment of a Tax Stabilization
Reserve to ensure that the tax rate remains flat until at least fiscal year 2005.
4. Request Council's consideration for the establishment of a Tax
Stabilization Reserve to ensure that the tax rate remains flat until at least fiscal year
2005.
Jim, I would appreciate your staff to develop an analysis that determines how much
would be necessary to be included in a Tax Stabilization Reserve.
COUNCIL MEETING: July 25, 2000 ITEM
ITEM CAPTION: Consider approval of Council's recommitment to a flat tax rate until fiscal year 2005 that
will encompass the recent bond election.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +X-BID $
FINANCIAL COMMENTS: ~
DIR. INITIALS: FIN. REVIEW~ CITY MANAGER REVIEW: \,,
Agenda Request Form - Revised 5/00 Document Name: !Flattax
Memorandum
To: Jim Witt, City Manager
CC: Mayor and Council /,~~/
From: Pat Keenan, Council Member
Date: 07/13/00
Re: Agenda Items/Flat Tax Rate
Jim, please include the following on the Council's agenda at the earliest possible date.
1. Request a public hearing on the Council's recommitment to a flat tax rate
during the life of the recent bond packages approved by the voters in November 1999.
2. Request Council's consideration of recommitting to a flat tax rate until
at least fiscal year 2005 that will cover the recent bond election.
3. Request a public heating for the establishment of a Tax Stabilization
Reserve to ensure that the tax rate remains flat until at least fiscal year 2005.
4. Request Council's consideration for the establishment of a Tax
Stabilization Reserve to ensure that the tax rate remains flat until at least fiscal year
2005.
Jim, I would appreciate your staff to develop an analysis that determines how much
would be necessary to be included in a Tax Stabilization Reserve.
ITEM CAPTION: PUBLIC HEARING: To receive citizen's input regarding the establishment of a Tax
Stabilization Reserve to ensure a flat tax rate until at least fiscal year 2005.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:¢~
DIR. INITIALS: FIN. REVIEW.~' CITY MANAGER REVIEW
Agenda Request Form - Revised 5/00 Document Name: !Stabilization
Memorandum
To: Jim Witt, City Manager
CC: Mayor and Council
From: Pat Keenan, Council Member
Date: 07/13/00
Re.- Agenda Items/Flat Tax Rate
Jim, please include the following on the Council's agenda at the earliest possible date.
1. Request a public hearing on the Council's recommitment to a fiat tax rate
during the life of the recent bond packages approved by the voters in November 1999.
2. Request Council's consideration of recommitting to a flat tax rate until
at least fiscal year 2005 that will cover the recent bond election. ,i.
3. Request a public hearing for the establishment of a Tax Stabilization
Reserve to ensure that the tax rate remains flat until at least fiscal year 2005.
4. Request Council's consideration for the establishment of a Tax
Stabilization Reserve to ensure that the tax rate remains flat until at least fiscal year
2005.
Jim, I would appreciate your staff to develop an analysis that determines how much
would be necessary to be included in a Tax Stabilization Reserve.
· ~ ~,~ CITY~ ° COUNCIL MEETING: July 25, 2000 ITEM #
IIIII
ITEM CAPTION: Consider approval of the establishment of a Tax Stabilization Reserve to ensure a flat tax
rate until at least fiscal year 2005.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +X-BID $
FINANCIAL COMMENTS:~\~t
DIR. INITIALS: FIN. REVIEWG~ CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00 Document Name: !Reserve -'
Memorandum
To: Jim Witt, City Manager
CC: Mayor and Council
From: Pat Keenan, Council Member
Date: 07/13/00
Re.' Agenda Items/Flat Tax Rate
Jim, please include the following on the Council's agenda at the earliest possible date.
1. Request a public hearing on the Council's recommitment to a flat tax rate
during the life of the recent bond packages approved by the voters in November 1999.
2. Request Council's consideration of recommitting to a flat tax rate until
at least fiscal year 2005 that will cover the recent bond election.
3. Request a public hearing for the establishment of a Tax Stabilization
Reserve to ensure that the tax rate remains flat until at least fiscal year 2005.
4. Request Council's consideration for the establishment of a Tax
Stabilization Reserve to ensure that the tax rate remains flat until at least fiscal year
2005.
Jim, I would appreciate your staff to develop an analysis that determines how much
would be necessary to be included in a Tax Stabilization Reserve.
· ~ * '~ 4~ CITY8 ~ COUNCIL MEETING: July 25, 2000 ITEM # _~
II
ITEM CAPTION: Consider approval of a Resolution urging the Texas Municipal League to support
changes in state law to create a deposit system for glass and plastic bottles, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:~'
l'
DIR. INITIALS: FIN. REVIEW.~ CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00 Document Name: !Glass
r
BECKY L. HASKIN
CITY COUNCIL. DISTRICT 4 J LJ L
CITY MANAGER
CITY OF COPPELL
June 29, 2000
Candy Sheehan
P.O. Box 478
Coppell, TX 75019-0478
Dear Honorable Mayo~ Sheehan:
The state of Texas needs your support for a bottle bill. We often see people picking up
aluminum cans, which have value, along the right of ways in our cities, but the glass and
plastic bottles are overlooked because they have no value. In fiscal year 1999, Texas
spent $20,162,000 picking up litter. With a state population of approximately 20 million
and the average consumption of 620 beverages in no-return containers per person each
year, this is a problem that translates into 12.4 billion containers with decomposition life
cycles of over 400 years. In states where such beverage containers were given a refund
value. recycling rates increased dramatical!.~ and litter x:olume was reduced.
A deposit systen~ conceutrated on glass and plastic beverage containers would create the
needed value for these items to assure ~ha{ they will be picked up or no long discarded
on our cities' right of ways. Deposit bill legislation, aimed at {ilose beverage containers
that have long decay and decomposition life cycles, would require a deposit on glass and
plastic beverage containers such as beer (including the 32 and 40 oz bottles), soft drinks,
and "ne~v aged" drinks (such as juices. iced tea, sports drinks, and bottled waters).
Enclosed is the Fort Worth City Council's resolution, which was adopted by Texas
Municipal League at its annual conference, supporting changes in state law to ereate a
deposit system for glass and plastic bottles. I strongly urge you to pass a similar
resolution in your city. Pltase t~rward your eity's resolution on ~o your state legislator ~/
and sh~re your ~eso!tltion with ~e~e ~ ~me. Act an ~
with your state legislators now, so that your eity's support of deposit legislatiou will be
recognized in the upcoming legislative session. ~qth the support of other Texas cities,
we can let our state legislators know that we are serious about abating the litter problem
in Texas caused by glass and plastic bottles. I thank you in advance for your action and
look forward to your participation in this worthy cause
Sincerely,
Becky HasMn
City of Fort Worth- Council District Four !~epresentatix'e
e~nail: Bhas~n~flash.net
office phone: 817-871-8804
hx: 817-871-6187
~Printed on recycled paper
Why We Propose Deposit Legislation
· Litter costs money, destroys property values, causes destruction and injury.
· Stepped up enforcement is not the answer- litter abatement cannot be a priority of
law enforcement.
· There is a need to create incentives for voluntary return of used bottles (helps to
solve the 32/40 oz beer litter problem as well as other glass and plastic bottle litter).
· Deposit legislation is working in other states.
Bottle Deposit Legislation Works
· In Oregon, litter from beverage containers has dropped by 83% - from 40% of
roadside litter to only 4% within 15 years.
· In the last 25 years, Oregon return rates for beverage containers have exceeded
90%.
· In Michigan, roadside litter was reduced 41% one year after bottle bill enactment.
· Iowa's Department of Transportation found a 77% decrease in beverage container
litter and a 38% reduction in total litter in 1979 and 1980; Costs decreased as Iowa
spent 73% less in 1983 than in 1977 on litter cleanup.
· California uses redemption centers- 1,100 grocery store recycling centers carry the
load for all 40,000 locations selling beer or carbonated drinks.
· The recycling rate for beverage containers doubled in California from 35+% to
75.6%
· A Massachusetts Public Interest Research Group commissioned a study that
showed an expanded bottle bill in that state would reduce public health costs
resulting from cuts on broken glass by over $1.1 million.
· Of the ten states with bottle deposit bills combined, population of approximately 77
million, 1.6 million tons of beverage containers were recycled compared to the
remaining 40 states combined, population of approximately 186 million, who
recycled only 1.3 million tons of beverage containers in 1995.
Resolution
NO..-qS' 0
URGING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT CHANGES IN
STATE LA'~V TO CREATE A DEPOSIT SYSTEM FOR GLASS AND PLASTIC
BOTTLES
WHEREAS, discarded glass and plastic bottles in vacant lots and along city
rights of way causes cities to expend additional revenue to remove the litter; and
WHEREAS, in addition to the litter created by discarded glass and plastic bottles,
cities with a population of 100,000 or more that are required to have a National Pollutant
Discharge Elimination Permit issued by the EPA must monitor and reduce fioatables in
storm water; and
WHEREAS, cities conduct clean-ups at different times of the year, but the
problem of glass and plastic bottles persists, littering vacant lots and city fights of way
and interfering with a city' s storm water system.
WHEREAS, Iowa and Maine have implemented a glass and plastic bottle deposit
system and have reduced littering.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT ~NORTH,
That the City of Fort Worth urges the Texas Municipal League to support the
establishment of a state wide deposit system for glass and plastic bottles.
Adopted this 281h day of September, 1999.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, URGING THE TEXAS MUNICIPAL LEAGUE TO
SUPPORT CHANGES IN STATE LAW TO CREATE A DEPOSIT
SYSTEM FOR GLASS AND PLASTIC BOTTLES.
WHEREAS, discarded glass and plastic bottles in vacant lots and along city fights of way
causes cities to expend additional revenue to remove the litter; and
WHEREAS, in addition to the litter created by discarded glass and plastic bottles, cities
with a population of 100,000 or more that are required to have a National Pollutant Discharge
Elimination Permit issued by the EPA must monitor and reduce ~oatables in storm water; and
WHEREAS, cities conduct cleanups at different times of the year, but the problem of glass
and plastic bottles persists, littering vacant lots and city rights of way and interfering with a city's
storm water system; and
WHEREAS, Iowa and Maine have implemented a glass and plastic bottle deposit system
and have reduced littering.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
That the City of Coppell urges the Texas Municipal League to support the establishment
of a statewide deposit system for glass and plastic bottles.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the day of ,2000.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BAI J ,, CITY SECRETARY
A P P R O;~FO;
ROBERT E. I-IXG~!~, CITY ATTORNEY
T H E - C I 'r Y . 0 F
COPFELL AGENDA REQUEST FORM
I I I I II I
CITY COUNCIL MEETING: July 25, 2000 ITEM # ] 57'
ITEM CAPTION: Consider approval of a Change Order to the contract with Dean Construction for
development of MacArthur Park to allow lighting of four fields for a total not to exceed $65,145.00, and
authorizing the City Manager to sign.
SUBMITTED BY: Gary Sims
TITLE: Director of Parks and Leisure Services
STAFF COMMENTS: The contract with Dean Construction to develop MacArthur Park does not
include sports lighting for any of the ball fields. This change order wfLl allow Dean Construction to install the
light poles, fixtures and equipment to light four of the game fields and two practice areas with materials
removed from Coppell Middle School West. Please see the attached Change Order documentation.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
Und ' d
Funds £or this change order ~ill be provided by Park Development Fees - Zone.
DIR. INITIALS'~-/-~5~'IN. REVIEW: ~ CITY MANAGER REVIEW:
CHANGE
ORDER City of Coppell
PROJECT: MacArthur Park Construction Change Order Number: 2
Bid No. Q-0400-3
TO: Dean Electric, Inc. Initiation Date: 10-July-00
D.b.a. Dean Construction
701 Hall St.
Cedar Hilt, Texas 75104
CONTRACT FOR: General Park Construction
City of Coppell Pm-ch~t~e Order Number: 00-2566
You are direaed to make the following changes to this Contract:
Item 1. Provide the materials, equipment and labor to install the Sports ....... $ 65,145.00
Lighting System at MacArthur Park, previously removed ~om
Coppell Middle School West, as indicated on the drawings and
specifications by Jim Weathers Consulting, and related Addendum
Number One.
Total this Change Order .................................................................$ 65,145.00
Total days added to Contract Time this Change Order ............................. -0- days
Not valid until signed by the Owner
Signature of the Contractor indicates his am'eement herewith, includim~ any adiustnv~ in the Comxact Sum or Contract .Time.
The original Contract Sum was .................................................................... $ 1,642,000.00
Net change by previously authorized Change Orders .......................................... $ 24,985.00
The Contract Sum prior to this change Order was .............................................. $ 1,666,985.00
The Contract Sum will be increased by this Change Order .................................... $ 65,145.00
The new Contract Stun including this Change Order will be ................................. $ 1,732,130.00
The Contract Time will be increased by ...................................................... -0- days
Dean Electric, Inc. City of Coppell
D.b.a. Dean Construction
CONTRACTOR OWNER
701 Hall St. 255 Parkway Blvd.
Cedar Hill, Texas 75104 Coppell, Texas 75019
B~ -_ ~,.,.f/~ By:
Date: -2_ ] ~ , 0 C) Date:
CITY COUNCIL MEETING:a s' July 25, 2000 ITEM
ITEM CAPTION:
Presentation by Arthur Kwast regarding the municipal facility at 157 S. Moore Toad, Texas Accessibility
Standards, HC parking requirements, fire exits, minimum door widths, hall clearances, Texas Department of
Licensing and Regulation (TDLR) review, TDLR inspection, and communication with the TDLR.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +X-BID $
FINANCIAL COMMENTS: ~x'x'x
DIR. INITIALS: FIN. REVIEW: 4 CITY MANAGER REVIEW:,
D tN K t
Agenda Request Form - Revised 5/00 ocumen ame: [ ~vas
From: <ArtKwast@OpenGovtCoppell .com>
To: Libby Ball - City Secretary <LBall@ci.coppell.tx.u...
Date: Wed, Jul 19, 2000 8:24 AM
Subject: Caption for 25 Jul 2000 agenda item
Presentation by Arthur Kwast concerning the municipal facility at 157 S. Moore Road, Texas Accessibility
Standards, HC parking requirements, fire exits, mimimum door widths, hall clearances, Texas
Department of Licensing and Regulation (TDLR) review, TDLR inspection, and communication with the
TDLR.
-end-
CC: Clay Phillips - Deputy City Manager <CPhillip@ci.c...
'~' '~~ CITY COUNCIL MEETING: July 25, 2000 ITEM
II
CITY MA_NAGER'S REPORT
A. Update on Wagon Wheel and MacArthur Parks.
B. Review of Aquatic Center Safety Assessment.
C. Sales Tax Report Update~
CITY MANAGER'S REVIEW:
f/,~./
ZpjE., AGENDA REQUEST FORM
'~ ' ~ ;~ ~~~ITY COUNCIL MEETING: July 25, 2000ITEM # /
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Sheehan regarding Summer Reading Club.
B. Report by Mayor Shechart regarding Coppell Night Out.
C. Report by Mayor Sheehan regarding Coppell Community Theater/My Fair Lady.
D. Report by Mayor Sheehan regarding the Throckmorton Relief Effort.
E. Report by Councilmember Garcia regarding the Dallas 20 12 Olympic Proposal.
CITY MANAGER'S REVIEW: __