CP 2001-01-23NOTICE OF CITY COUNCIL MEETING AND AGENDA
JANUARY 23, 2001
CANDY SHEEHAN,
Mayor
LARRY WHEELER,
Mayor Pro Tem
GREG GARCIA,
JAYNE PETERS,
DIANA RAINES,
Place 1
Place 2
Place 3
MARSHA TUNNELL,
DOUG STOVER,
BILL YORK,
JIM WITT, City Manager
Place 6
Place 4
Place 5
Place 7
MEETING TIME AND PLACE:
Call to Order
Executive Session
Work Session
Regular Session
6:00 p.m.
Immediately Following
Immediately Following
7:30 p.m.
Library Meeting Room
Library Board Room
Library Meeting Room
Library Meeting Room
(Open to the Public)
(Closed to the Public)
(Open to the Public)
(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, January 23, 2001, 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 William T. Cozby Public Library, 177
North Heartz, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting
may be convened into closed Executive Session for the purpose of seeking
confidential legal advice from the City Attorney on any agenda item listed herein.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
REGULAR SESSION
(Open to the Public)
1. Call to order.
EXECUTIVE SESSION
(Closed to the Public)
Convene Executive Session
A. Section 551.074, Texas Government Code - Personnel Matters.
1. City Manager Evaluation.
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Page 1 of 4
'; ~ w I ] ....
ITEM # ITEM DESCRIPTION
Be
Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. Sowell vs City of Coppell
WORK SESSION
(Open to the Public)
Convene Work Session
A. Review of Comprehensive Annual Fiscal Report.
B. Review Baseball Association Business Plan.
C. Discussion concerning the City of Coppell Infrastructure
Maintenance Fund in regards to potential projects and disbursement
of funds.
D, Discussion regarding CoppelI.Celebrates "Piglest,"
E, Discussion of Agenda Items,
REGULAR SESSION
(Open to the Public)
4. Invocation.
o
/
8.
9,
Pledge of Allegiance.
Report by Coppell Economic Development Board.
Presentation of plaque from Coppell High School Band Officers to City of
Coppell.
Consider approval of a Proclamation naming the month of January
SCHOOL BOARD APPRECIATION MONTH, and authorizing the Mayor to
sign.
Citizen's Appearances.
CONSENT AGENDA
10.
Consider approval of the following consent agenda items:
A. Consider approval of minutes: January 9, 2001.
Consider approval of final Change Order #9 in the amount of
$57,327.00, to the contract with Hisaw & Associates for the
construction of the Aquatics and Recreation Center, and authorizing
the City Manager to sign.
FND OF CONSFNT
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ITEM # ITEM DESCRIPTION
11.
12.
13.
14.
15.
16.
Consider acceptance of the Comprehensive Annual Financial Report for the
fiscal year ended September 30, 2000.
Consider approval of an Ordinance authorizing the issuance of City of
Coppell, Texas Combination Tax and Revenue Certificates of Obligation,
Series 2001 in the amount of $3,000,000.00 for purchasing of public
land,approving an Official Statement and making provisions for the security
thereof, and ordaining other matters relating to the subject and authorizing
the Mayor to sign.
Necessary action resulting from Work Session.
City Manager's Report.
A. Update on Wagon Wheel and MacArthur Parks.
B. Scoreboard Review.
Mayor
A.
B.
D.
E.
F.
G.
and Council Reports.
Report by Mayor Sheehan regarding Breakfast with City Leaders.
Report 'by Mayor Sheehan regarding Chamber of Commerce Monthly
Meeting - State of the City.
Report by Mayor Sheehan regarding Kiwanas Club.
Report by Mayor Sl~eehan regarding Leadership Coppell.
Report by Maoyr Sheehan regarding Citizens Police Academy.
Report by Councilmember Stover regarding Condolences to Bill York.
Report'by Councilmember Stover regarding Lakeside Carnival on
February 3.
Report by Councilmember Stover regarding Baseball Boosters Casino
night on February 3.
Report by Councilmember Stover regarding CISD Education
Foundation Founders Drive deadline January 31.
Report by Councilmember Peters regarding Senior Adult Services
Update.
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 ,
2001, 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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Page 4 of 4
COUNCIL MEETING: January 23, 2001 ITEM #
EXECUTIVE SESSION
Section 551,074, Texas Government Code - Personnel Matters.
1. City ManaSer Evaluation.
Section 551.071, Texas Government Code - Consultation with City Attorney.
1. Sowell vs City of Coppell
SUBMITTED BY:
TITLE:
Jim Witt
City Manager IN1TIALS
COUNCIL MEETING: January 23, 2001 ITEM # ._~
WORK SESSION
Review of Comprehensive Annual Fiscal Report.
Review Baseball Association Business Plan.
Discussion concerning the City of Coppell Infrastructure
regards to potential projects and disbursement of funds.
Discussion regarding Coppell Celebrates "Pigfest."
Discussion of Agenda Items.
Maintenance Fund in
CITY MANAGERS REVIEW:
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
Mayor and City Council Members
From:
Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works
Date: January 23, 2001
RE: Work Session - Discussion concerning the City of Coppell Infrastructure
Maintenance Fund in regards to potential projects and disbursement of funds.
In August 1996 City Council approved the creation of an Infrastructure Maintenance Fund ad hoc
committee. The committee's function was to work with several staff members to prepare an ordinance to
create the Infrastructure Maintenance Fund. In February 1998, City Council approved the Infrastructure
Maintenance Fund ordinance. That ordinance established the fund and the yearly funding. It also
established that the funds were restricted to maintenance of streets, drainage, water, sewer and public
buildings and that no expenditures could be made from the fund until October 1,2001.
Currently, the water and sewer fund has a balance of approximately $908,000 and anticipated revenues of
$250,000 for an anticipated available fund balance of $1,158,000 on October 1, 2001. The general fund
has a current balance of $1,174,000 are anticipated revenues of $265,000 for an anticipated available fund
balance of $1,439,000 on October 1, 2001.
We are in the beginning stages of identifying projects for the utilization of the Infrastructure Maintenance
Funds. A list of potential projects for water, sewer, street, drainage, Waffle and public buildings is
attached to this memo. Several questions have arisen concerning the utilization of the Infrastructure
Maintenance Funds. One such question is how much of the fund should be spent on a yearly basis.
Obviously, the attached projects could deplete the fund in one year.
There has also been some internal discussion conceming maintenance projects and if in fact they include
betterment. A prime example is the 2" watedine on Loch Lane. While the waterline itself is a
maintenance problem of which there have been numerous breaks, to replace the line with another 2" water
line would not be the correct approach. If the Loch Lane watedine is chosen to be replaced under the
Infrastructure Maintenance Fund it would be upgraded to our minimum pipe size, which is eight inches.
So again, the question arises does the utilization of the Infrastructure Maintenance Fund include the
oppommity for betterment.
On the attached project list, several projects stand out as potential projects for the first year utilization of
the Infrastructure Maintenance Fund. One such project is the reconstruction of Bethel School Road from
approximately Heartz to Plantation. This section of roadway is deteriorating rapidly and we receive
numerous complaints on the driveability of the road.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
With this memo, I have attached a copy of the 1998 ordinance establishing the ~ctttre Maintenance
Fund, a listing of potential projects, and a copy of the current and projected balances in the Water and
General Fund of the Infrastructure Maintenance Fund.
At the work session, staff will be seeking direction from Council on procedures to utilize the expenditure
of the funds and the types of maintenance projects of which the fund should be utilized. Based on the
input at the Work Session, staff will formulate a policy to bring back to Council for approval.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
Proposal
for the
Establishment of Infrastructure Maintenance Fund (IMF)
In order to provide a resource for future maintenance of major public facilities, including water,
sewer system, streets, drainage facilities and public buildings, I would like to propose the
establishment of an Infrastructure Maintenance Fund created by Ordinance and funded by
unencumbered balances from both the General Fund and the Water/Sewer Fund. The following
is a description of the main components of the Infrastructure Maintenance Fund (IMF) for your
consideration. If you are in favor of the establishment of this fund, we will bring it forward as
an Ordinance at the time we adopt our budget in order to put it into place in approximately
January 1997. The foilowing is an overview of this proposal.
Funding ~
The Utilities Fund would contribute a $250,000 initial payment to the Infrastructure Maintenance
Fund. On an annual basis, one-third of any unencumbered balance for each fiscal year would
be placed inW the IMF after the completion of the annual audit.
In the General Fund, the initial deposit will be $200,000 with once again one-third of any
unencumbered balance for a particular fiscal year placed into the ~ after the completion of
the annual audit. /~
Therefore, we would have a base of $450,000 plus one-third of any unencumbered balance at
the end of each fiscal year bas~ on that year's fiscal year expenditures and revenues. As an
example, on 1/1/97, we would have the $450,000 initial deposit plus one-third of our water fund
unencumbered balance for the FY96, as well as the same percentage of our general fund
unencumbered balance. For example purposes, let us say that our unencumbered balance for
FY96 in the water fund is $300,000; therefore, $100,000 would be transferred from the water
fund. Also, let's assume that we have $300,000 unencumbered balance in the general fund for
FY96. Once again, $100,000 would be transferred to the IMF. Therefore technically in
1anuary 97 you would have a $650,000 cash balance and we would continue to allocate money
to that fund at the end of each fiscal year after completion of the audit based on the
unencumbered balances of each fiscal year not of the composite of the unencumbered b~h~nces
of each particular fund.
.....
starting to come home to roost in older subdivisions and thoroughfares of the community.
Use of Funds
This Fund will be restricted to the foliowing uses:
Streets
Drainage
Water/Sewer System Reconstruction
Public Buildings
The Fund could not be utiliTed for park development, purchase of fleet vehicles, or maintenance
equipment. It is strictly a rehabilitation and maintenance fund for pipe, concrete, bricks and
mortar.
I urge you to strongly consider this proposal. As our community grows and other needs are
identified, them is always a hot project where we could put $100,000. But we must begin to
save for the future and the maintenance of our erAsling infrastructure.
AN ORDINANCE OF T!~CITY OF COPPI~JJ~ TEXAS
ORDINANCE NO. ~
AN ORDINANCE OF THE CTrY OF COPPIIIJ~ TEXAS,
AMENDING ORDINANCE NO. 97808, AS AMENDED, THF~ ORDINANCE
APPROVING AND ADOPTING THE BUDGET FOR TffE CrrY FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1997, AND ENDING
SEr'EEMBER 30, 1998 TO ESTABIJ~H AN INFRASTRUCTURE
MAINTENANCE FUND; PROVIDiNG A REPF~TJNG CLAUSE;
PROVIDING A SEVERABrLITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, City Council approved and adopted a budget for the City for the fiscal year
beginning October 1, 1997 and ending September 30, 1998; and
W'itEREAS, City Council desires to establish an Infrastmt~ure Maintenance Fund (IMF) to be
restricted to the maintenance of streets, drainage, water/sewer system reconstruction and public
buildings to be funded on an annual basis from the unencumbered fund balances from the general fund
NOW TI:IF-REFORE, BE IT ORDAINEl) BY THE CITY COUNCIL OF ~ CITY
OF COPPEI J ~. TEXAS:
SECTION 1. That Ordinance No. 97808 and the budget for the City beginninS October 1,
1997 and ending September 30, 1998 be and the same are hereby amended to add the following
pwvision to establish an Infrastructure Maintenance Fund (IMF) to read as follows:
"Infrastm~ lVlaintamnco Fund (IMF): IMF is to be funded on an initial basis by four
hundred fifty thousand dollars ($450,000)of the unencumbered fund balances from each of the
general fund and the water and sewer fund.- Afra completion of each fucal year audit, the City
Manager is authorized to transfer one-third (~A) of the annual olxrating surpluses, up to a
maximum of two hundred thousand dollars ($200,000) from each of the general fund and the
water and sewer fund to the IMF provided all required fund balance requirements are met. No
expenditure may be made fi'om the IMF until fiscal year beginning October 1, 2001; and such
funds are restricted to maintenance of streets, drainage, water and sewer reconstruction, and
public buildings."
SECTION 2. That all orefinances of the City of Coppell in conflict with the provisions of this
Ordinance, be, and the same are hereby, repealed and all other provisiom of the Ordinances of the City
PaEe -1- ssi4,x9
of Coppell including Ordinan~ No. 97808 as amended, not in ~onfli~t with provisions of this
Ordinance shall remain in full force and effect.
SECIION 3. That should any word, phras~ paragr~h, section or phrase of this ordinance or
of the Ordinances of the City, as amended hereby, be 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 othff
than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Ordinances as a whole.
SECTION 4. That this ordinance shall take effect immediately ~om and after its passage, u
the law and charier in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this ihe/~: '~,~l day of
~7,~' ,/~ r ,:,'~, ~J ,1998.
APPP, OVED:
ATTEST:
KATI-n ~ POACH, CITY SECRErAR,Y
APPROVED AS TO FORM:
PETER G. S~~C~A'I'rOR,NEY
(PGS/Ul 1/7/98)
Page -2-
SS14g19
AGENDA I gQUF. T FORM
CITY COUNCIL M~TING: August 27,
ITeM CAPTION:
Consideration of the formation of Infrastructure Maintenance Fund ad
hoc committee.
SUBMITTE BY: Jim Witt
TXTLB: City. Manager .
.... I ..... . · ~ . - .. "~1('~. ' -.~,
As discussed in budget workshops w_th the Finance omxt ,
Manager has asked for consideration of an Infrastructure'Na~~
Fund to be established. In discussions with Council Members,_tJ~&"
has been some concern about allocation of funds as well as the
definition of infrastructure maintenance. In order to provide a'iore
streamlined process, the City Manager has requested 'that'at
elected officials be appointed, along with Ken Griffin,-Cl~y
Engineer/Director of Public Works, the Finance DireC~O~V~'7~j~.~::- "
designee, and the City Manager to'prepare
consideration no later than.the first
BUDGET AMT, 8
FINANCIAL COMM~!FT8: ~
ANT. BST,8
+/- BUD:$
DIR, INITIALS:
FIN. REVIEW'~
CITY MM~O~t R~'VIBW: J
POTENTIAL INFRASTRUCTURE REPLACEMENT PROJECTS
Water Proiects
1) Paint exterior of elevated storage tank #1 located on Southwestern Blvd.
2) Replace 4" waterline on Ruby Rd.
3) Replace taps on Coppell Rd. and abandon 8" wate~ine from Bethel to Southwestern.
4) Replace 2" waterline on Loch Lane w/8" water line and install fire hydrant.
5) Extend waterline from Riverview Estates Subdivision east to City Limit and provide new water
service and fire hydrant to FFA barn. Abandon 2000' of 3" waterline.
6) Replace wate~ine on Shadowcrest Dr.
Sewer Proieets
1 ) Replace sewer lines on Howell, Bullock and down Southwestern to creek
2) Replace Cottonwood Creek Branch Sewer Main Crossing behind Kid Country.
3) Rehabilitate 20 to 25 manholes at various locations.
4) Replace sewer crossing on pilot channel just south of Wrangler at Beltline.
5) Replace or rehabilitate sewer line on Kaye Street.
Street Proiects
1) Replace damaged guardrails at various locations.
2) Projects identified in the Brinsap Report. Generally, erosion protection at bridges.
3) Replacement of brick pavers along MacArthur* and Denton Tap.
4) Replacement of pavement: Ruby Rd.*, Shadowcrest*, S. Holly, Meadowview, Howell*, State Rd.,
Clear Creek*, Greenridge, Sanders Loop, Bullock*, Coppell Rd. (Sandy Lake to Bethel), Briar Glen,
Heartz* ( Braewood to Sandy Lake), Portions of Bethel Rd., Bethel School Rd.*(Heartz to
Plantation).
5) Mudjacking or other means of stabilization of S. Beltline near North Lake.
6) Painting of bridges at various locations.
Drainage Proiects
1) Storm Sewer Rehabilitation: Freeport*, Shadowcrest*, Sandy Knoll, Starleaf, Van Bebber, Plantation,
Bethel School Rd.*(Denton Tap to Harris), Woodhurst, Woodway, Woodhill, Clear Creek*, Tupelo,
Spring Oak, Rolling Brook, Bitternut, Pinyon, Braewood*, Heatherglen, Glenwood, Edgewood,
Highland Meadow(south to alley of Shadowcrest), Simmons, Sugarberry, Mesquitewood, Cherrybark,
Hill Dr.
2) Install new storm sewer along MacArthur at Samuel
3) Retaining wall/Riprap Replacement: Bethel Rd./Loch Ln. and Meadowcreek just west of Mason Ct.
Traffic Proiects-
1 ) Paint traffic signal poles at various locations.
2) Repair/Replace bridge lighting at various locations.
3) Replace signs (purchase only) at various locations.
- denotes street name appears on more than one list or project
updated January 18,2001
FACILITIES MANAGEMENT
INFRASTRUCTURE IMPROVEMENTS
POTENTIAL PROJECTS
2001-02
PAINTING OF FIRE STATIONS 1,2,3:30,000
Interior (3 stations) 15,000
Exterior (3 stations) 15,000
PAINTING OF CONCESSION STANDS: 10,000
Exterior (x2) 10,000
JUSTICE CENTER PAINTING: 20,000
Exterior 20,000
FIRE ADMINISTRATION CARPET REPLACEMENT: 10,000
Carpet 10,000
FUTURE PROJECTS
PAINTING OF AQUATIC CENTER: 35,000
Interior 15,000
Exterior 20,000.
LIBRARY IMPROVEMENTS: 95,000
Interior Carpet 75,000
Interior Paint 20,000
PAINTING OF TOWN CENTER: 50,000
Imerior Paint 30,000
Exterior Paint 20,000
CARPET REPLACEMENT AT FIRE STATIONS: 30,000
Fire Stations 1,2,3 30,000
HVAC REPLACEMENT AT TOWN CENTER: 170,000
Design 20,000
Replacement 150,000
PAINTING OF CONCESSION STANDS: 10,000
Exterior (x2) 10,000
HVAC REPLACEMENT AT LIBRARY: 195,000
Design 20,000
Replacement 175,000
FACILITIES MANAGEMENT
INFRASTRUCTURE MAINTENANCE PLAN
Exterior Painting/Repairs:
Every 5 years
Interior Painting:
Every 7 years
Buildings with heavy use may require more
J~equent painting Every 3 years (Library, Fire
Stations)
Carpet Replacement:
Every 10 years
Wall Covering Replacement:
Every 15 years
Roof Replacement:
Every 20 years
Floor Covering Replacement:
Every 20 years
ShouM be evaluated as some floor coverings
have longer life expectancy due to type of
covering and amount of traf]ic/deterioration
Parking Lot/Sidewalk Improvements:
Every 20 years
ShouM be evaluated every 15-20 years to
determine amount of improvements required
HVAC Maintenance
Annual
Ongoing annual maintenance agreement covers
Heating/Cooling Equipment Repairs and
Replacement. This expense is funded in Services
and is increased annually based on age of
equipment or additional facilities
Major Electrical/Plumbing
ImprOvements
Annual
Major plumbing/electrical repairs are generally
unpredictable. These expenses are funded
annually in the Maintenance account and
increases annually based on age of equipment
Renovation/Addition:.
Annual
Determined annually based on operational needs
or facility use and is funded in Capital Outlay.
City of Coppell
Walkforward of Fund Balance
IMF Fund - General
As of October 27, 2000
Beginning Fund Balance 10-01-00
Add:
Budgeted Revenues FY 01
Less:
Budgeted Expenditures FY 01
Projected Fund Balance 09-30-01
I, 174,535.97
265,000.00
0.00
1,439,535.97
City of Coppell
Walkforward of Fund Balance
IMF Fund - Water
As of October 27, 2000
Beginning Fund Balance 10-01-00
Add:
Budgeted Revenues FY 01
Less:
Budgeted Expenditures FY 01
Projected Fund Balance 09-30-01
908,049.52
250,000.00
0.00
1,158,049.52
· ~ e ~-/~
CITY~ 8 ~ COUNCIL MEETING: January 23, 2001 ITEM
ITEM CAPTION: Presentation of plaque from Coppell High School Band Officers to City of Coppell.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS: ~3\~-
AMT. EST. $
DIR. INITIALS: FIN. REVIEWE~
Agenda Request Form - Revised 5/00
+\-BID $
CITY MANAGER REVIEW:
Document Name: !Band
CITY~ 8 COUNCIL MEETING: January 23, 2001 ITEM
ITEM CAPTION: Consider approval of a Proclamation naming the month of January SCHOOL BOARD
APPRECIATION MONTH, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:N~\~'
AMT. EST. $
+X-BID $
DIR. INITIALS:
Agenda Request Form - Revised 5/00
FIN. REVIEW:~,
CITY MANAGER REVIEW:
Document Name: !School
'! I "'!'1 ..... T ! "'
PROCLAMATION
WHEREAS, the mission of the public schools is to meet the diverse educational needs of all children
and to empower them to become competent, productive contributors to a democratic society and an ever-
changing world; and
WHEREAS, local school board members are committed to children and believe that all children can
be successful learners and that the best education is tailored to the individual needs of the child; and
WHEREAS, local school board members work closely with parents, educational professionals, and
other community members to create the educational vision we want for our students; and
WHEREAS, local school board members are responsible for ensuring the structure that provides a
solid foundation for our school system; and
WHEREAS, local school board members are strong advocates for public education and are
responsible for communicating the needs of the school district to the public and the public's expectations to the
district.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby declare my
appreciation to the members of the Coppell Independent School Board, the Carrollton-Farmers Branch
Independent School Board, and the Lewisville Independent School Board, and proclaim the month of January
2001 as
"SCHOOL BOARD APPRECIATION MONTH"
and urge all citizens to join me in recognizing the dedication and hard work of local school board members and in
working with them to mold an education system that meets the needs of both today's and tomorrow's children.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be
affixed this ~ day of January 2001.
ATTEST:
Candy Sheehan, Mayor
Libby Ball, City Secretary
AGENDA REQUEST FORM
crrY COUNCIL MEETING: January 23, 2001
ITEM
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 ORDAINED BY THE CITY COI.rNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOFrED 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 mended 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" shall be limited to two (2) minutes each. An individual
speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the
Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or
special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called
upon in the order that they have signed the provided register. No personal attach by any speaker shall be
made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3,
Section 3.12).
CITY MA~AGER'S REVIEW:
ITY,~ s~ COUNCIL MEETING: January 23, 2001 ITEM
ITEM CAPTION:
Consider approval of minutes:
January 9, 200 1.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS: ~b
~. ~,~.~: ~. ~,~
Agenda Request Form- Revised 5/00
+X-BID $
CITY MANAGER REVIEW:
DocumentName: °/omintll~S
MINUTES OF JANUARY 9, 200 1
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, January 9, 2001, at 6:00 p.m. in the in the Library Meeting Room of
William T. Cozby Public Library, 177 N. Heartz, Coppell, Texas. The following
members were present:
Candy Sheehan, Mayor
Larry Wheeler, Mayor Pro Tem
Greg Garcia, Councilmember
Jayne Peters, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember
Doug Stover, Councilmember
Bill York, Councilmember,,:,,~
Also present were City Manager Jim Witt,
Attorney Robert Hager.
1. Call to order..
the meeting to order ~d
Mayor Sheehan called
Session.
~UTIV~:L!SE~0N'.."
2. Convene ~cuti~'e Session
A. 'Secti9la 551.074, Tens
'Matters.
all and City
adjourned into Executive
{Closed to the Public)
Government Code - Personnel
1. City Manager Evaluation.
:B. Section 551.071 { 1 ), Texas Government Code -
Consultation with City Attorney.
1. Sowell vs. City of Coppell
Papagolas Development Company vs. City of Coppell
Mayor Sheehan convened into Executive Session at 6:12 p.m. as allowed under
the above-stated article. Mayor Sheehan adjourned the Executive Session at
7:20 p.m. and opened the Regular Session.
CMOI0901
Page 1 of 19
Mayor Sheehan advised there was no time for Work Session and City Manager
Jim Witt would discuss the work session items under the City Manager's
Report.
WORK SESSION
{Open to the Public)
Convene Work Session
A. Discussion Regarding Spring Break Meetings. {March 10,
2001)
B. Health Facility Bonds/Proposed Senior Living Project at
E. Sandy Lake Road.
C. Discussion of Agenda Items.
REGULAR SESSION
4. Invocation.
{Open to.'~e PubligJ.
Gene Washburne, Associate
present in the Invocation~:~l~i!
Mayor SheChart led 'those present in'the Pledge ~I lieglance.
Presentation of certificate honoring John Nelson as an
Outstanding Citizen for all his hard work during early voting.
Mayor Sheehan advised that Mr. Nelson was not present and commended him
on his work for the election.
i=~: ....Citizen's Appearances.
Art Anderson, 5400 Renaissance Tower, Dallas, discussed Item 9 the U-
Haul Site Plan.
Marsha Jo Cozby, 4 12 S. Coppell Road, signed up to speak but advised
that she had received the answers to her questions.
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8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: December 12, 2000.
Consider approval of awarding bid Q- 1100-01 for
Temporary Staff Services to: Staffmark {Secretary,
Executive Secretary, Accounting Clerk}; Kelly Services
{Receptionist, Library Aid, General Clerk I, General Clerk
II, Data Entry Clerk, Senior Data Entry Clerk}.
CJ
Dg
Consider approval of an Ordinance for Case No. pD-188,
HO-C, zoning change request from HO-C an~l~?:~O-C-S-
1125R {Historic Overlay, Commercial . and?- Historic
Overlay, Commercial, S-1125R} to PD-188~C {Planned
Development-188, Historic Overla]~, ~0~'.m~'er~l}, to allow
the construction of a restauraBt'...~,~t~i la prl~te club and
the expansion of a free-s~di'~g beau~~=~' shop on
appro~mately 1.27 acres of ~0perty locat~ along the
east side of Coppoll ROad, app~mately 2~' feet south
of Cooper Lane, and authorizi~..the Mayor to sign.
Consider spproval of'an'Ordina~nce for Case No. S-1179,
zoning change request f. rom..~:HO-c {Historic Overlay,
Commercial)' to :~;~88 ' HO-C-S.U.P. (Planned
DevelOpment- 188, Htstorib .Overlay, Commercial, Special
Use PermitS, to allow a restaurant with a private club on
appro',ximately 1.27 acres of property located along the
east Side of..Coppell Road, approximately 200 feet south
of Cooper Lane, and authorizing the Mayor to sign.
. Consider approval of an Ordinance for Case No. S-1181,
CC's Coffee House, zoning change request from C
{Commercial} to C-S.U.P {Commercial, Special Use
Permit), to allow the operation of a 1,920 square foot
coffee shop to be located in Suite 401 of the Coppoll
Crossing IV Shopping Center at 777 S. MacArthur
Boulevard, and authorizing the Mayor to sign.
Councilmember Tunnell moved to approve Consent Agenda Items A, B, C
carrying Ordinance No. 9 1500-A-279, D carrying Ordinance No. 91500-A-280,
and Item E carrying Ordinance No. 91500-A-281. Councilmember Peters
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and
CM010901
Page 3 of 19
Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in
favor of the motion.
EXECUTIVE SESSION
{Closed to the Public)
Convene Executive Session
A. Section 551.071(2), Texas Government Code -
Consultation with City Attorney.
1. To seek legal advice involving the U-Haul
International Site Plan.
Mayor Sheehan convened into Executive Session at 7:48 p.m. as .~d under
the above-stated article. Mayor Sheehan adjourned the Executive Session at
8:47 p.m. and reopened the Regular Session.
REGULAR SESSION
9. Consider approval of the i~;~aul Ii
allow the constr~ion of
approximatel~ 2,02 acres.
side, or s.m. of Ta,
Ha~:~ inter~ational. "'
Plan, to
facility on
located aloe. the south
at the'request of U-
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council. ~
Jeff EVans, U-Haul International, 2727 N. Central Avenue, Phoenix,
made a presentation to Council regarding the facility.
Art Anderson, 5400 Renaissance Tower, 1201 Elm Street, Dallas,
': addressed the non-conforming use issues.
Issues Discussed:
There was discussion regarding the glass of the building; was the
applicant aware that the building would be classified as a legal non-
conforming use; the landscaping that would be done on the property; if a
solid screening fence would be required; how would safety be insured for
people at the back of the facility; the security that would be provided for
the facility; were other sites in Coppell considered for the facility; what
CMOI0901
Page 4 of 19
type of input that U-Haul representatives had received from planning
staff; was the presentation given to Council tonight the same
presentation that had been presented to the Planning and Zoning
Commission; are the air conditioning units screened on the building;
would the windows on the building be lighted 24 hours a day; what are
the traditional hours for the truck rentals and the storage facilities;
would the facility be manned; does the monument sign meet our sign
ordinance requirements; what is the average time for rental of the storage
facilities; could the truck parking spots in the front of the building be
moved to the rear of the building due to restrictions in Section 31-9 of
the Code of Ordinances.
EXECUTIVE SESSION
Mayor Sheehan announced that there was a request for a~:;!~i~ecutive
{Closed
Convene Executive Session
A. Section 551.071(2]
Consultation with
1. To seek leilal:.. i advice.
Int~nal Site. ~n.
Go~ernme ~i Code -
~lVl . ~ U-Haul
'nil
Mayor Sheehan convened into Executive Session. at 9:39 p.m. as allowed under
the above-stated article. Mayor Shechart adjourned the Executive Session at
9:45 p.m. and reconvened on Item 9.
Action:
Counc~ember Peters ..moved to refer this item back to our staff for their
profesS~onai:"";recommandations and advice and to go through the
Planning Commission knowing that we have already addressed 5 or 6
items of contern - lighting, parking, the glass, landscaping - which are
more planning items for them to address instead of at the Council level.
Councilmember Garcia seconded the motion; the motion carried 6-1 with
Mayor Pro Tern Wheeler and Councilmembers Garcia, Peters, Raines,
Stover and York voting in favor of the motion and Councilmember
Tunnell voting against the motion.
10.
PUBLIC HEARING:
Consider approval of Case No. PD-186R, Duke-Freeport, zoning
chanile request from PD-186 {Planned Development-186) to PD-
CM010901
Page 5 of 19
186R {Planned Development-186R) to attach a detailed site
plan for Lots 4 and 4X, for the development of an approximate
560,000 square foot office/warehouse building on
approximately 29.9 acres of property located on the west side
of Coppell Road, between Ruby and Bethel Roads.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised no one had
signed up to speak and that the applicant was present to answer any
questions from Council.
Items Discussed:
There was discussion on whir any Of this. area wou.l:~ fall in the
historic area; and which roads ~ld access. ~e.property. '
Action:
C0uncilmember York moved to close th~blic Hearings on Items 10
and 1 i.and approve =the following:
Item l:0
Case N0~ PS-ii86R~ ';Duke-Freeport, zoning change request from PD-186
(Planned Development- 186) to PD- 186R (Planned Development- 186R) to
attach a de~ed site plan for Lots 4 and 4X, for the development of an
approximate 560,000 square foot office/warehouse building on
appr:0. ximately 29.9 acres of property located on the west side of Coppell
Road, betwecn Ruby and Bethel Roads with the following conditions:
An agrecment between the City and Duke-Weeks addressing tree
mitigation, reparation schedule and the improvements to and
maintenance of off-site landscaped medians;
The Tree Mitigation Plan must be fully executed within two (2)
years from the date that the first building receives its Certificate of
Occupancy;
CMO 10901
Page 6 of 19
All issues regarding the State Road right-of-way utility easement
for the TXU electric service to Wagon Wheel Park and Hike and
Bike Trail easement being resolved;
All issues regarding the realignment of Ruby Road to align with the
future Creekview Drive being resolved prior to the platting of the
tract effected by this proposed realignment;
5. City approval of the Property Owners Agreement for the
maintenance of all common areas; and
6. Rectifying the differences in the square footage of the budding on
Approval of the Duke-Freeport Addition, Lots 4 & 4'X, 'B10~k' A, Replat, to
allow the development of an appro~ate'.!.5S0,000.:.:square foot
office/warehouse building on approxi~fety' '29.9 acre'S: of property
located on the west side of C~. pell Road, between Ruby and Bethel
Roads with the following cond~s:
1. Filing of the:!!~al Plat for the DukesFreeport Addition (Freeport
Parkway fight-of-way).
Mayor Pro Tem Wheeler seconded the '~i~?~'on; the motion carried 7-0
Con~r ~rov~:':.Of the Duke-Freeport Addition, Lots 4 & 4X,
Block'=!A, ~plat, 'to allow the development of an approximate
560/I000 ['Square foot office/warehouse bufiding on
a~roximately 29.9 acres of property located on the west side
of Coppell Road, between Ruby and Bethel Roads.
item was considered under Item 10. See Item 10 for minutes.
12.
PUBLIC HEARING:
Consider approval of Case No. S-1182, CC's Coffee House,
zoning change request from PD-178R {Planned Development-
178R) to PD-178R-S.U.P {Planned Development-178R, Special
Use Permit), to allow the operation of a coffee shop to be
CM010901
Page 7 of 20
located in the Town Center West Retail Center at 171 N.
Denton Tap Road.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Chris Heiser, Applicant, addressed the Council.
Public Hearing:
Mayor Sheehan opened the
signed up to speak.
Items Discussed:
Public
Heating and advised ~:i~iiOne had
There was discussion regarding the parl~n.l~ available;
times the
lights would be on.
Action:
Councilmember,., ~ell
Case:',No.
move~a: ~: i~!ose ~' Public Heari~ approve
o ee. ii~S., ci~g ch~ge request from PD-
178R "(Pla~ii'ed DeVelopm~nt-.!78R) to' PD- 178R-S.U.P (Planned
Developmen!:~178R~ 'Special Use :P~i'mit), tQ;:allow the operation of a coffee
shop t0~ be ~'I~ca~.d..,:lin the .TOwn Cexater West Retail Center at 171 N.
Dent0ri'Tap:~i6d'd.';'~'~iiibject tothe foll6~ring conditions:
1} The hours of operation being limited to 5:30 a.m. to midnight, 7
days a week. The lights immediately adjacent to the retail facility
shall remain on during the hours of operation; and
2)
The development of this property shall be in accordance with the
site plan, floor plan, sign plans and elevations.
Councilmember York seconded the motion; the motion carded 7-0 with
Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines,
Tunnell, Stover and York voting in favor of the motion.
CM010901
Page 8 of 20
PUBLIC HEARING:
Consider approval of Case No. S-1183, Quizno's, zoning change
request from PD-178R {Planned Development-178R) to PD-
178R-S.U.P {Planned Development-178R, Special Use Permit|,
to allow the operation of a sub sandwich shop to be located in
the Town Center West Retail Center at 171 N. Denton Tap
Road.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council. ~l;~i~ii:!i:~!
Matt Blodgett, 145 Pecan Hollow, Coppell, Applica~../~, ::lv~"present to
. '=:~)~.:..,~.~:.~!.!?.~·
answer any questions. .!...: ~!!~i::,"'.' :: ':
. ,~: :~.
Public Hearing:
'...
Mayor Sheehan opened the :, ~'~'!'' Hearing and advised no one had
signed up to speak.
Items Discussed: . :: .,..'
There was discussion:ireg~rding th~:=signag~,,:on the rear elevation.
Action:
Councilmember:TUnnell m~.ved to approve Case No. S-1183, Quizno's,
zoning. 6hange request from PD-178R (Planned Development-178R) to
PD- 178R-S.~:P (Pinned Development- 178R, Special Use Permit), to
allow the operation Of a sub sandwich shop to be located in the Town
Center West Retail Center at 171 N. Denton Tap Road, subject to the
folloWing conditions:
1)
The development of this property shall be limited to the site plan,
floor plan and signage as attached to and made part of the
ordinance; and
2)
The hours of operation being 9:00 a.m. to 11:00 p.m. seven days a
week. The lights immediately adjacent to the retail facility shall
remain on during the hours of operation.
CM010901
Page 9 of 20
Councilmember York seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines,
Tunnell, Stover and York voting in favor of the motion.
14. PUBLIC HEARING:
Consider approval of Case No. S-1184, Eason Petroleum, Gas
Station and Convenience Store, zoning change request from C
{Commercial) to C-S.U.P {Commercial, Special Use Permit), to
allow the renovation and occupancy of a gas station with
convenience store on one-half acre of property located at the
southeast corner of Vanbebber Drive and Denton Tap td.
Presentation:
Gary Sieb, Director of Planning and Co..totality SerViCes, made a
presentation to the Council.
Ken Eason, 320 Steeplech !,!;~:~ '
:Irvxng,
questions. :~!~.
, . ,
,!~::=~i:~=~=ii;,i~ ... !.. ~ .~ .', ..,. :.
Public Hearinll: . )....:.. , ..., ;.,.
. :: ' "' "' j';!i" :,':'"
.. Mayor .SheChart"' Opened the. liulit~ He~? and
~i~ed:..up t0i.lpeak. ' : :. :=~/:"i .
'.'::'Z. . ;....! .
Items Discussed:: 2. . .. . '2 ,i' ~':~
Applicant, ans~vered Council
advised no one had
There was discussion reg~ing the unattended fueling hours and the
lighting. during those times.
Action:
Mayor Pro Tem Wheeler moved to approve Case No. S-1184, Eason
Petroleum, Gas Station and Convenience Store, zoning change request
from C {Commercial) to C-S.U.P {Commercial, Special Use Permit), to
allow the renovation and occupancy of a gas station with convenience
store on one-half acre of property located at the southeast corner of
Vanbebber Drive and Denton Tap Road, subject to the following
conditions:
1)
The site plan, building elevations, and landscape plan, as
submitted;
CMOI0901
Page 10 of 19
! ...... T .............r'
2)
Removal of at least 2 utility poles (the 2 on the site or, preferably,
the 2 in the Vanbebber right-of-way and at least 1 on site, if
possible), undergrounding of any additional electric facilities, and
placement of mechanical equipment and utility meters in
inconspicuous location or screened from view;
3)
Restriction of merchandise, such as magazine and newspaper
racks, firewood, etc., and of advertising and promotional materials,
including drink machine advertising, to the interior of the building,
with window signs being limited to 10% of the glass area;
4)
Granting of variances to side yard and landscape requirements by
the Board of Adjustment; and
s)
Convenience store hours may be open from 5.:.0.0: a.m. to 12:00
midnight, seven days per week. Unattended f..ueling:Will be allowed
24 hours a day, with reduced lighting . r d r;'the canopy area only,
during nighttime hours.
Councilmember Peters seconded the motion.; the motion c~ied 7-0 with
Mayor Pro Tem Wheeler and 'Col.xncilme.riib.erS..'Garcia, Pli. ters, Ralnes,
Tunnell, Stover and,,Xork votingi~i favor of'~'~'otion. '
There was a short recess held at this time.
Tracts1 and 2 s~ Creek Bend Estates and
Fi~l':'~at ~ Unitted ~ope~y, to aDow the development of
15 single,family homes and two common areas on
ap~mS:t~ly 6.373 acres of property located at the northeast
corner of DeForest Road and MacArthur Boulevard.
PreSentation:
Gary Sieb, Director of Planning
presentation to the Council.
and Community Services, made a
Bill Anderson, Dowdey, Anderson and Associates, representing the
Applicant, made a presentation to the Council.
CM010901
Page 11 of 19
Public HearinK:
Mayor Sheehan opened the Public Hearing and advised no one had
signed up to speak.
Items Discussed:
There was discussion as to whether there is an easement between lots 7
and 8 and would it be needed in the future.
Action:
Councilmember York moved to approve the Prestwick, ReplaL:~Portions
of Tracts 1 and 2 and all of Tract 3 of Creek Bend Estate, s ~Zd:"Final Plat
of Unplatted Property, to allow the development of !5'single-family
homes and two common areas on approximately 6;373 acres of property
located at the northeast corner of DeFOrest ROad and MacArthur
Boulevard, subject to the following conditio~'~::
1) The revised HOA docume.n. ts being~pprov, ed by the:'C. ity Attorney
prior to the filing of this Pi~t for reco~ .' · '
2) No trees shall .be planted:~. 6n..'~:.top of ,flie existing sani.~ sewer line
: locate~i:!al~ng'the east side O acA ur Boulevard;
3) .Sidew~ks on the common' ~eas sh"'all be constructed within the
· ': ~ ........ , .,' ' '. 'Tc::~ .
'subdi~i~iOn'd,eVelopm~:t;' and,'' "
. .i.~:: i.. ~:.!:. '
i .
4) Tree removal permit must be approved prior to the removal of any
trees on site along with a determination of scheduled Tree
Retribution for any tree removal. Applicant is to work with Brad
Reid, Assistant Director of Leisure Services, regarding tree removal.
Councilmember Raincs seconded the motion; the motion carried 7-0 with
Mayor Pro Tcm Wheeler and Councilmembers Garcia, Peters, Raines,
Tunnell, Stover and York voting in favor of the motion.
16. PUBLIC HEARING:
Consider approval of the Coppell Commerce Center, Phase 1,
Replat and Site Plan Amendment, to amend and expand the
existing Site Plan to allow the development of an additional
office and warehouse building on 19.386 acres of property
CMO 10901
Page 12 of 19
located along the north side of Burns Street, between Freeport
Parkway and Hammond Street.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised no one had
signed up to speak and that the applicant was available t0;! answer
questions from Council.
Action:
Councilmember York moved to approve
Phase 1, Replat and Site Plan
existing Site Plan to allow the
warehouse building on of
side of Burns Street, port
subject to the following conditi0~': !'
1)
and
Comply' ~itn ,Section 31-3".'.:(Off-SZ~:eet Loading)
Center,
expand the
office and
the north
~nd Street,
the zoning
ordinance, one loading spaCe' Shall b.e provided for 20,000 square
feet of .space, requirir~g .4. ~loading )Spaces for the north building
(:Phase II).
Councilmemb.er Peters secc~nded the motion; the motion carried 7-0 with
Mayor .Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines,
Tunnell, StoVer andYork voting in favor of the motion.
1.7, C...O.~,lder approval of the Magnolia Village, Lot 1, Block A,
!". M i~r Plat, to allow the development of a 15,600 square foot
retail center on approximately 2.1667 acres of property
located south of S.H. 121, along the west side of Denton Tap
Road.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
CM010901
Page 13 of 19
Frank Kennedy, representing the Applicant, was available to answer any
questions.
Items Discussed:
There was discussion regarding the current zoning of the property; what
zoning does the Comprehensive Plan show; and have any contracts with
tenants been signed yet.
Action:
Councilmember York moved to approve the Magnolia Village, Lot 1, Block
A, Minor Plat, to allow the development of a 15,600 squarc~.®~ot retail
center on approximately 2. 1667 acres of property located south of S.H.
121, along the west side of Denton Tap Road. CounCilmember Garcia
seconded the motion; the motion carried 7-0 with:"M~yor Pro Tem
Wheeler and Councilmembers Garcia, Peters,' ;Raines, ~nell, Stover
and York voting in favor of the motion. '
Consider approval of the...L~.~.eeport....,N,~h, Lot t, Site Plan
Amendment, toJg~w the ~ion o[!i[~".,generator alld screening
wall on 7.1~.~::~aeres of;::':~!i~~'~':~''?': erty.~ii:~cated at t~' southeast
~entatiOn: ' '
Gary Sieb, ...Director of Planning
presentation to the Council.
~tion:
and Community Services, made a
CoUncilmember York moved to approve the Freeport North, Lot 1, Site
Plan Amendment, to allow the addition of a generator and screening wall
on 7.1784 acres of property located at the southeast comer of Northpoint
Drive and Royal Lane. Councilmember Garcia seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers
Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the
motion.
CM010901
Page 14 of 19
PUBLIC HEARING:
Consider approval of a proposed text change to amend Section
33-1.6 of the Coppell Zoning Ordinance, Screening Standards,
to include the screening of ground level and roof-mounted
mechanical equipment.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised.. .tli.~t'~n'o one had
signed up to speak. "
pell Zoning
Ordinance, Screening Standara ;: io inclu~':~.:~':~creening ~[ ground level
and roof-mounted .mechani~Z.: equipment. Counci!~ ~ember. York
S~con.ded the motion; the moff0n carrie~ 7-0 with Mayor Pro Tem
and.' ea ndi. b ts o ci ,
Ua York vo~g in favor of the motion.
20. Consider spproval of an Ordinance for the text change to
amend a portion. of Section 34-2-7 ~B~ of the Coppell Zoning
Ordinance, .LandSC. .' ape Regulations, to add the Mesquite Tree,
less [han ten |10i' caliper inches, as an unprotected tree, and
aut~o~izing-~the Mayor to sign.
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Items Discussed:
There was discussion regarding the worthiness of the mesquite tree; and
the change in the caliper requirements.
CMOI0901
Page 15 of 19
Action:
Councilmember Stover moved to deny the text change to amend a
portion of Section 34-2-7 (B) of the Coppell Zoning Ordinance, Landscape
Regulations, to add the Mesquite Tree, less than ten (10) caliper inches,
as an unprotected tree. Councilmember Raines seconded the motion;
the motion to deny failed 2-5 with Councilmembers Raines and Stover
voting in favor of the motion to deny and Mayor Pro Tem Wheeler and
Councilmembers Garcia, Peters, Tunnell and York voting against the
motion to deny.
11.
Councilmember Peters moved to approve the text change to .i end a
portion of Section 34-2-7 (B) of the Coppell Zoning Ordinanc scape
Regulations, to add the Mesquite Tree, less than ten (1O)...,~r inches,
as an unprotected tree, and authorizing the .. ,M~r to sign.
Councilmember York seconded the motion; the motiori'c~ied 5-2 with
Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell
and York voting in favor of the motion and' Councilmembers Raines and
Stover voting against the motion. ..
City Manager's Report. ":''
A. Special C~:Y ;'Counc~ ~eting:.- Budget and Executive
SeSsion.
A. Jim Witt, Ci,~.' Manager, ~0xinced":<that there will be two Special
An Exe~utive::.'Sessiox!:'will be held Tuesday, January 16, 2001 at
6:30 p:m. in the 2~id floor conference room at Town Center to
discuss .litigation with the City Attorney; and
A SpeCial City Council Budget Session will be held on February 10,
2001 at 9:00 a.m. in the 2~a Floor Conference Room at Town
Center.
Jim Witt, City Manager, also discussed Work Session Item B
regarding new pages from the Health and Safety Code, Chapter
221 regarding the Health Care Facility Bonds/Proposed Senior
Living Project at E. Sandy Lake Road.
CMO 10901
Page 16 of 19
Mayor and Council Reports.
A. Report by Mayor Sheehan regarding Tournament of Roses
Parade.
B. Report by Mayor Sheehan regarding Metroplex Mayors
Meeting.
C. Report by Mayor Sheehan regarding Coppell Youth
Leadership.
Report by Mayor Sheehan regarding Leadership Coppeil.
Report by Mayor Sheehan regarding CISD Public Hearings.
Update on Council Chambers by Mayor Sheehan.
Report by Mayor Pro Tem Wheeler regarding Ambapsadors
from the City of Coppeil at the Rose Bowl .~ade in
Pasadena, California.
Report by Councilmember York regarding ~nal League
Report by Councilmember Yo~k' r~arding mgh School
Report by Councilm~I~er Ye~k regarding "the Holiday
Report by C uncilm~be ~v~".~garding,:..'=the Police
o r
Departmeat.!. .'.' ' ?..
Mayor Sh'eehan announced that fo e from the Rose Bowl Parade
is being edited and will. be shown on ,.Channel 19. There were 346
Coppeil High School band 'members and 817 Coppell residents in
the grandatand seats for a total of 1,163 Coppell citizens at the
Rose Bowl Parade.
Bt
Mayor, Sheeh~ reported that John Underwood, President of the
Dallas:Ft. Worth Sports Commission, who presented an update on
the request that the Olympics 2012 be held in the Metroplex,
:spoke at the Metroplex Mayors meeting. He also announced that
the NCA Women's Basketball Final Four will be held in Dallas in
December and two weeks later the NCAA Women's Soccer Final
Four will be held in Dallas.
Ce
Mayor Sheehan announced that they had a great Coppell Youth
Leadership meeting that was held at the Coppell United Methodist
Church. The Mayor also announced that the Youth Leadership
Class Project will be held on February 3, 2001, and the project will
be cleaning up 31/2 miles of Denton Creek. The next meeting will
be held February 12th at the IBM Sales Center and everyone is
invited to attend.
CM010901
Page 17 of 19
Dm
Mayor Sheehan reported that there were 21 participants in
Leadership Coppell at Hackberry Creek.
Mayor Sheehan thanked everyone for signing up to help at the
CISD Public Hearings. There are still times available on ,January
25th, ,January 31st and February 1st if anyone is available to attend
these meetings.
Mayor Sheehan announced that Council Chambers should be
available for the January 23rd Council meeting.
Mayor Pro Tem Wheeler reported that the Coppell High School
Band did a tremendous job at the Rose Bowl Parad~d made
tremendous Ambassadors from the City of Coppell, ~IiiiW proud
everyone was of the band members......
Councilmember York reported on t · ~''~'~:i~'' ~i. nt :::"
E semi that were
held at the National League ~ ~ es meel that he,
Councilmember Tunnell d Clay! illips,! Manager,
attended in early Dece~2000.
Councilmember York annoi2nced t~t:: t?:6ppell chool had a
. ,...... , ,,,~.,,;.
tremendous. ye~ in football, ~is ye~:~inning distri~ the girls
and boys b~:tball teis ~. both.;i~ndefeated in E Play, the
lacrosse team had doae'an'::z~U-tstan~:ing job, the hockey tern did
: ....~ '. ; .:. :i,-i .L.'.~,;...~:/~c;:-:':,;~:.'c~ · .
ShiteSz?in~evine ~ the ~)~all Kick-off B~quet will be held
on Febma~/3ra at ~'~ High" School and tickets are av~lable for
both e~ents. We have a great athletic program at the Coppell High
S, chool~ :: ' '
Councilmember York stated that he hoped everyone had a great
holiday season and wished everyone a prosperous and great new
year.
Councilmember York thanked the Coppell Police Department for
the fine job they did handling the loss of two officers at the end of
2000. He also commended Officer Mary Seck on the great job she
has done at the Police Department and announced that she will be
leaving the Police Department and moving to the Marshall's
Department.
CMOI0901
Page 18 of 19
EXECUTIVE SESSION (Closed to the Public)
23. Re-convene Executive Session under Agenda Item Number 2, as
published, if necessary.
There was no need to reconvenc Executive Session.
WORK SESSION
(Open to the Public)
24. Re-convene Work Session under Agenda Item Number
published, if necessary. ,.,,~ii,~i
There was no need to reconvene Work Session.
25. Necessary Action Resulti~m Ex: "' li'~ '
There was no action resulting from ~.iadutive s '
.~' . ~
26.. Nece~a~ Action ResultS2 from Work Session.
There was no action resulting from W0~k'9'~ssion. a~
3s as
There being no further business to come before the City Council, the meeting
was adjourned.
Candy Sheehan, Mayor
Libby Ball, City Secretary
CMOI0901
Page 19 of 19
CITY COUNCIL MEETING: January 23, 2001 ITEM
ITEM CAPTION:
Consider approval of the final Change Order # 9R in the amount of $59,219.00, to the contract with Hisaw &
Associates for the construction of the Aquatics and Recreation Center, and authorizing the City Manager to sign.
SUBMITTED BY: Gary Sims
TITLE: Director of Parks and Leisure Services
STAFF COMMENTS:
See attached
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT. EST. $
Funds are available in the 1999 Sales Tax
+\-BID $
PARKS AND LEISURE SERVICES DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: January 23, 2001
To: Mayor and City Council
From: Gary D. Sims, CLP, Director~
Re: City Council Agenda Item: Consider Approval of the Final Change Order for the
Construction of the Aquatics and Recreation Center in the amount of $59,219.00
Background:
Attached, you will find the final change order for the construction of the Coppell Aquatics and
Recreation Center. There have been a total of eight change orders associated with this project.
Total cost of change orders including this one are $236,708.01, making the total construction cost
of the center $7,140,708.01. The original contract was awarded in the amount of $6,904,000.00.
The final payment request for this project is anticipated within the next few weeks.
The major item included in this proposed Change Order is payment for an "Early Completion
Bonus". The contract called for construction to be finished by July 31, 2000 and the building was
accepted as Substantially Complete on June 14, 2000. This will allowed 48 days of "Bonus" at
$1,000.00 per day. Included in this change order are modifications to the specifications allowing
the installation of "soffit" framing at the exterior of the building; this is for added support, the
addition of base board flooring material in the gym and common areas, planting of seven additional
trees, and adding electrical supply for scoreboards in the gym.
This above referenced work was been authorized and the work satisfactorily completed.
City Couch Action requested:
Approval of the Final Change Order for the Hisaw Contract for construction of the Aquatics and
Recreation Center in the amount of $59,219.00.
Staff Recommendation:
Staff recommends approval of this Change Order
CHANGE
ORDER
Distribu~on:
PROJECT:
OWNER
BRINKLEY SARGENT ARCHITECTS
I"1 oT, ER 1"'3
Coppell Aquatic Recreation Center
260 East Parkway Blvd.
Coppell, Texas 75019
CHANGE ORDER NUMBER:
INITIATION
TO: Hisaw &Associates General Contractors, Inc.
DATE:
3116 Kellway Drive, Suite 116
Carrollton, Texas 75006
9R
Final
15-Dec-00
Revised 01/16/01
PRO3ECT NO: 96051
CONTRACT FOR: General Construction CONTRACT
DATE:
Feb. 23, 1998
City of Coppell Purchase Order Number- 99 2742
You are directed to make the following changes in this Contract:
Item 1. Provide lhe materials, equipment and labor described by items 1 thru 21 on the
Attachment, C0~9.01, Change Order Recap ..................................................................................$
Total this Change Order ...................................................................................................................$
Total days added to Contract Time this Change Order ....................................................................
59219.00
59,219.00
30
Not valid until signed by both the Owns' and Architect.
Signature of the C.o~tractor indicates his agreement herewith, indudlng any adjustment in the Contract Sum or C.o~tract 'time.
The original Conlract Sum was
Net change by previously authorized Change Orders
The Contract Sum pdor to this Change Order was
The Contract Sure will be increased by this Change Order
The new Contract Sum induding this Change Order will be
The Contract Time will be changed unchanged. Increased /
The Date of Subs.t~q_liat:sl~J~L~,~...days after starting which is July 31, 2000.
N~cun:~.',.':-:~:.~ ,;,. '-'~':'?~. ~:;'~- CO.T~CroR
Dallas, "' ' s.~.24C~ ' .: r!L' ;'~ Ca oilton, Texas 75006
~t~: J4~. I~, 7.,~ ate: /./:~. ~7 Det~:
$ 6,904,000.00
177,489.01
7,081,489.01
59,219.00
$ 7,140,708.01
30 (30) days
City of Coppell
OWNER
732 DeForest
Coppell, Texas 75019
By:
~8o-~
Installed
H&A deeJr, ion
Proceed
Change
Orders Days
$89,913.42 5
$17,017.910
$20,762.68 5
~:: :::::!:;i:::~:: :: $16916.00 0
$24,660.00 10
::: ~:: :~: $12;219,00 0
-$4,000.00
**' $1.892.00
*** $750.00
*** .e! ,..'~'77.0_n
*** $2,743.00
:'::': '! ;~:,i:~L~:! ;! :: '::i!L :::!~:::::!:~:~:!:~
420
$89,913.42 5
$17,017.91 -0-
$20,762.68 5
$16,916.00 -0-
$24,660,00 10
$12,219.00 -0-
($4,000.00) 440
S69,2t9.00 30
$236,708.01 470
uays
$5,834.00
$1,892.00
$750.00
Comments and/or attachments
$2,743.00
$10 752:00 ::Z:~:30 Steel- ~nding recalcuiation- ::!:i:::i'i~!;::!~!i:!:~!i:: ::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
-$10,752.00 BSA payment to Hisaw
::,:~:::!::::!:~:::!: :::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
$48,000.00 48
$59,219.00
$177,489.01
p... ~4 to J.,y 31= 48
Contract time (June11, 2000) and Time extensaons.-:~---:~,,~:~, ~;~,. :..~ .....,.~: :.!~,:.
16-Jun-O0
21 -Jun-O0
1 -Jul-00
l*Jul-O0
31-Jul-O0
Processed Change Orders
Thru Final Change Order
'~ e ~'~'~': 7~ CITY COUNCIL MEETING: January 23, 2001 ITEM
ITEM CAPTION: Consider acceptance of the Comprehensive Annual Financial Report for the fiscal year
ended September 30, 2000.
SUBMITTED BY: Jennifer Armstrong '
TITLE: Director of Finance
STAFF COMMENTS: Jerry Gaither of Weaver and Tidwell, L.L.P. will present the results of the fiscal year
1999-00 audit.
BUDGET AMT. $
FINANCIAL COMMENTS:V2\~
AMT. EST. $
DIR. INITIALSIS~- FIN. REVIEW~
Agenda Request Form - Revised 5/00
+ X-BID $
,
CITY MANAGER REVIEW:
Document Name: $CAFR00.Doc
NOTICE OF SALE
AND
BIDDING INSTRUCTIONS
ON
53,000,000
CITY OF COPPELL, TEXAS
(Dallas and Denton Counties)
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2001
Sealed Bids Due Tuesday, January 23, 2001, at 10:00 AM, CST
THE CERTIFICATES WILL NOT BE DESIGNATED AS "QUALIFIED TAX-EXEMPT OBLIGATIONS"
FOR FINANCIAL INSTITUTIONS,
THE SALE
C~nT~nCATWS OFnatO YOn SALt AT CO~'nn~ BmO~G... ~e Ci~ of Coppeil, T~ (ffie "Ci~") is offing for ~e i~
$3,~,000 Comb~on T~ ~d Rev~ue Ce~i~ of Oblig~o~ Series 2001 (~e "~~").
AnDnKSS OF Bins... Sealed bids, plainly marked "Bid for Certificates", should be addressed to "Mayor and City Council, City of
Coppe!l, Texas", and delivered to the office of the Financial Advisor, First Southwest Company, 1700 Pacific Avenue, Suite 500,
Dallas, Texas 75201 prior to 10:00 AIM, CST, on the date of the bid opening. All bids must be submitted on the Official Bid Form,
without alteration or interlineation.
ELECTRONIC BWDING PROCEDURE... Any prospective bidder that intends to submit an electronic bid must submit, prior to
January 23, 2001, SIGNED Official Bid Forms to W. Boyd London. Subscription to the Thomson Financial Municipal Gwup's
BIDCOMP Competitive Bidding System is required in order to submit an electronic bid. The City will neither confirm any
subscription nor be responsible for the failure of any prospective bidder to subscribe.
An electronic bid made through the facilities of PARITY shall be deemed an irrevocable offer to purchase the Contractual
Obligations on the terms provided in the Notice of Sale, and shall be binding upon the bidder as if made by a signed, sealed bid
delivered to the City. The City shall not be responsible for any realfunction or mistake made by, or as a result of the use of the
facilities of, PARITY, the use of such facilities being the sole risk of the prospective bidder.
If any provisions of the Notice of Sale shall conflict with information provided by PARITY as the approved provider of
electronic bidding services, this Notice of Sale shall control. Further information about PARITY, including any fee
charged, may be obtained from Dalcomp/Parity, 395 Hudson Street, New York, New York 10014, attention: Jennifer
Emery (212) 806-8304.
For purposes of both the written sealed bid process and the electronic bidding process, the time as maintained by PARITY shall
constitute the official time. For information purposes only, bidden are requested to state in their electronic bids the true
interest cost to the City, as described under "Basis of Award" below. All electronic bids shall be deemed to incorporate
the provisions of this Notice of Sale and the Official Bid Form.
Bins BY TELEPHONE OR FACSIMILE... Bidders must submit SIGNED Official Bid Forms to W. Boyd London, First Southwest
Company, 1700 Pacific Avenue, Suite 500, Dallas, Texas 75201, and submit their bid by telephone or facsimile (fax) on the date of
the sale.
Telephone bids will be accepted at (214) 953-8707, between 9:30 AM, CST and 10:00 AM, CST.
Fax bids must be received between 9:30 AM, CST and 10:00 AM, CST, on the date of the sale at (214) 9534050, attention Jason L.
Hughes.
First Southwest Company will not be responsible for submitting any bids received after the above deadlines.
First Southwest Company assumes no responsibility or liability with respect to any irregularities associated with the submission of
bids if telephone or fax options are exercised.
PLAC~ Ann lIME OV Bm OP~o... The bids for the Certificates will be publicly opened and read in the office of the Financial
Advisor at 10:15 AM, CST, Tuesday, January 23, 2001.
AWARD OF THE CERTIFICATES . .. The City Council will take action to award the Certi~catcs (or reject all bids) at a mccting
scheduled to convene at 1:30 PM, CST, on the date of the bid opening, and adopt an ordinance authorizing the Certificates and
approving the Official Statement (the "Ordinance").
THE CERTIFICATES
DESCRIPTION... The Certificates will be dated January 15, 2001 (the "Dated Date"). Interest will accrue from the Dated Date and
will be due on August 1, 2001, and each February I and August I thereafter until the earlier of maturity or prior redemption. The
Cmi~cates will be issued only in fully registered form in any integral multiple of $5,000 for any one maturity. The Certificates will
maDAm on August 1 in each year as follows:
MATURITY SCHEDULE
Principal Principal Principal
Mamrity Amount Mamrity Amount Maturity Amount
2001 $ 155,000 2008 $ 125,000 2015 $ 180,000
2002 85,000 2009 130,000 2016 185,000
2003 90,000 2010 140,000 2017 195,000
2004 95,000 2011 145,000 2018 210,000
2005 105,000 2012 155,000 2019 220,000
2006 110,000 2013 160,000 2020 230,000
2007 115,000 2014 170,000
OPTIONAL REDEMPTION... The City rests'yes the right, at its option, to redeem Certificates having stated maturities on and alter
August 1, 2010, in whole or in part in principal mounts of $5,000 or any integral multiple thereof, on August 1, 2009, or any d_ste
their, at the par value thereof plus accrued interest to the date fixed for redemption.
SEmAL CKRTtmCATE AND/OR TERM CERTIFICATES... Bidders may provide that all of the Certificates be issued as serial
certificates or may provide that any two or more consecutive annual principal mounts be combined into one or mon: term
certificates.
NIANDATORY SINKING FUND RF. DEMlsTION, , . If the successful bidder elects to alter the Maturity Schedule reflected above and
convert the principal mounts of the Serial Certificates into "Term Certificates", such "Term Certificates" shall be subject to
mandatory redemption the first August I next following the last maturity for Serial Certificates, and annually theremeter on each
August 1 until the stated maturity for the Term Certificates at the redemption price of par plus accrued interest to the date of
redemption. The principal mounts of the Term Certificates to be redeemed on each mandatory redemption date shall be the
principal mounts that would have been due and payable in the Maturity Schedule shown above had no designation of such
maturities as Term Certificates occurred. At least thirty (30) days prior to each mandatory date, the Paying Agent/Registrar shall
select by lot the Term Certificates to be redeemed and cause a notice of redemption to be given in the manner provided in the Official
Statement.
The principal mount of the Term Certificates required to be redeemed pursuant to the operation of such mandatory redemption
provisions may be reduced, .at the option of the City, by the principal mount of the Term Certificates of the same maturity which at
least fifty (50) days prior to a mandatory redemption date (i) shall have been acquired by the City at a price not exceeding the
principal mount of such Term Certificates plus accrued interest to the date of purchase and delivered to the Paying Agent/Registrar
for cancellation or (ii) shall have been redeemed pursuant to the optional redemption provisions and not theretofore credited against a
mandatory redemption requirement.
BOOK-ENTRY-ONLY SYSTEM ... The City intends to utilize the Book-Entry-Only Systm of The Depository Trust Company
("DTC"). See "The Certificates - Book-Entry-Only System" in the Official Statement
PAYING AGENT/REGIS'rRAR... The initial Paying Agent/Registrar shall be Wells Fargo Bank, Minneapolis, Minnesota (see 'The
Certificates - Paying Agent/P, egi.Ccar" in the Official Statement).
SOURCE OF PAYMENT... The Certificates constitute direct obligations of the City, payable from a combination of (i) the levy and
collection of a direct and continuing ad valorera tax, within the limits prescribed by law, on all taxable property within the City, and
{ii) a limited pledge (not to exceed $1,000) of surplus net revenues of the City's Water and Sewer System, as provided in the
Ordinance.
CONDITIONS OF THE SALE
TYPE OF BIDS AND INTEREST RAm... The Certificates will bc sold in one block on an "All or None" basis, and at a pficc of not
less than their par value plus accrued interest from the date of the Certificates to the date of delivery of the Certificates, Bidders arc
invited to name the rote(s) of interest to be bomc by the Certificates, provided that each rate bid must bc in a multiple of 1/8 of I% or
1 / 100 of 1% and the net effective interest rate must not exceed 15%. The highest rate bid may not cxccerl the lowest rate bid by more
than 1.5% in rate. Using the interest rato established for the August 1, 2010, maturity as the base year, interest rates for
successive maturities shall be structured in ascending order such that for each succeeding maturity, rates shall be equal to or
grcater than the interest rato for the maturity of thc preceding year. No limitation is imposed upon bidders as to the numbcr of
rates or changes which may bc used. All Certificates of one maturity must bear one and the same rate. No bids involving
supplemental interest rates will be considered. Each bidder shall state in the bid the total interest cost in dollars and the effective
interest rate determined thereby (calculated in the manner prescribed by Article 717k-2, VATCS), which shall be considered
informative only and not as a part of the bid.
BASIS FOR AWARD... Subject to the City's fight to reject any or all bids and to waive any irregularities except time of filing, the
sale of the Certificates will be awarded to the bidder or syndicate account manager whose name first appears on the Official Bid
Form (the "Purchaser") making a bid that conforms to the specifications hcrein and which produces the lowest True Interest Cost
rate to the City. The True Interest Cost rate is that rate which, when used to compute the total pmcnt value as of the Dated Date of
all debt service payments on the Certificates on the basis of semi-annual compounding, produces an amount equal to the sum of the
par value of the Certificates plus any premium bid, if any (but not interest accrued from the Dated Date to the date of their delivery).
In the event of a bidder's error in interest cost rate calculations, the interest rates, and premium, if any, .set forth in the Official Bid
Form will be considered as the intended bid.
GOOD FArm Dn, osrr... A Good Faith Deposit, payable to the "City of Coppell, Texas", in the amount of $60,000, is required.
Such Good Faith Deposit shall be a bank cashiers check or certified check, which is to be retained uneashed by the City pending the
Purchasex's compliance with the terms of the bid and the Notice of Sale and Bidding Instructions. The Good Faith Deposit may
accompany the Official Bid Form or it may be submitted separately. ff submitted separately, it shall be made available to the City
prior to the opening of the bids, and shall be accompanied by inslzuclions from the bank on which drawn which authorize its use as a
Good Faith Deposit by the Purchaser who shall be named in such instructions. The Good Faith Deposit or the Purchaser will be
returned to the Purchaser upon payment for the Certifieatet No interest will be allowed on the Good Faith Deposit In the
event the Purchaser should fail or refuse to take up and pay for the Certificates in accordance with the bid, then said check shall be
cashed and accepted by the City as full and complete liquidated damages. The checks accompanying bids other than the winning bid
will be returned immediately after the bids are opened, and an award of the Certificates has been made.
DELIVERY OF THE CERTWICATES AND ACCOMPANYING DOCUMENTS
CUSI1~ NUMBERS ... It is anticipated that CUSIP identification nambers will appear on the Certificates, but neither the failure to
print or type such number on any Certificate nor any error with respect thereto shall constitute cause for a failure or refumd by the
Purchaser to accept delivery of and pay for the Certificates in accordance with the terms of this Notice of Sale and Bidding
Instructious and the terms of the Official Bid Form. All expenses in relation to the printing or typing of CUSIP numbers on the
Certificates shall be paid by the City; provided, however, that the CUSIP Service Bur~u charge for the assignment of the numbers
shall be the responsibility of and shall be paid for by the Purchase.
DELIVERY OF CERTIFICATES... Delivery will be accomplished by the issuance of one Initial Certificate (al~o called the "Certificate"
or "Certificates"), either in typed or printed form, in the aggregate principal amount of $3,000,000, payable in stated installments to
the Purchaser, signed by the Mayor and City Secretary, approved by the Attorney Ocncral, and rcgi~--rcd and manually signed by the
Comptroller of Public Accounts. Upon delivery of the Initial Certificate, it shall be immediately cancelled and one definitive
Certificate for each maturity will be registered and delivered only to Cede & Co., and deposited with DTC in connection with DTC~s
Book-Entry-Only System. Delivery will be at the principal office of the Paying Agent/Registrar. Payment for the C~edficates must
be made in immediately available funds for unconditional crcAit to the City, or as otherwise directcA by the City. The Purchaser will
be given six business days' notice of the time fixed for delivery of the Certificates. It is anticipamd that delivery of the Certificates)
can be made on or about Mamh 6, 2001, and it is undc~tood and agreed that the Purchaser will accept delivery and make payment
for the Ccrdficates by 10:00 AM, CST, on Ma~h 6, 2001, or thereafter on the date the Cmificate is tendered for delivery, up to and
including March 20, 2001. If for any reason the City is unable to make delivery on or before March 20, 2001, the City shall
immediately contact the Purchaser and offer to allow the Purchaser to extend its offer for an additional thirty days. If the Purchaser
does not elect to extend its offer within six days thereafter, then its Oood Faith Elcposit will be returned, and both the City and the
Purchaser shall be relieved of any further obligation. In no event shall the City be liable for any damages by reason of its falhrc to
deliver the Certificates, provided such failure is due to circumstances beyond the City's reasonable control.
CONDmON$ TO DELIVERY... The obligation of the Purchaser to take up and pay for the Certificates is subject to the Purehaser's
receipt of (a) the legal opinion of McCall, Parkhurst & Herton L.L.P., Dallas, Texas, Bond Counsel for the City ("Bond Counsel"),
(b) the no-litigation certificate, and (c) the certification as to the Official Statement, all as further described in the Official Statement
iii
In order to provide the City with information required to enable it to comply with certain conditions of the Intcmal Revenue Code of
1986 relating to the exemption of interest on the Certificates from the gross income of their owners, the Purchaser will be required to
complete, execute, and deliver to the City (on or before the 6th business day prior to the delivery of the Certificates) a certification as
to their "issue price" substamtially in the form and to the effect attached hereto or accompanying this Notice of Sale and Bidding
Instructions. In the event the successful bidder will not reoffer the Certificates for sale, such certificate may be modified in a manner
approvcd by the City. In no event will the City fail to deliver the Certificates as a result of the Initial Purchaser's inability to
sell a substantial amount of the Certificates at a particular price prior to delivery. Each bidder, by submitting its bid, agrees to
complete, execute, and deliver such a certificate by the date of delivery of the Certificates, if its bid is accepted by the City. It will be
the responsibility of the Purchaser to institute such syndicate reporting requinments to make such investigation, or othcnvise to
ascertain the facts necessary to enable it to make such certification with reasonable certainty. Any questions concerning such
certification should be directed to Bond Counsel.
LEGAL OPINIONS, .. The Certificates are offered when, as and if issued, subject to the appwval of the Attorney General of the State
of Texas. Delivery of and payment for the Certificates is subject to the receipt by the Purchaser of opinions of Bond Counsel, to the
effect that the Certifica~s an valid and binding obligations of the City and that the interest on the Certificates will be excludable
from gross income for federal income tax purposes under existing law, subject to the matters described under "Tax Matters" in the
Official Statement, including the alternative minimum tax on corporations.
CERTIFICATION OF OFFICIAL STATEMENT... At the time of payment for and Initial Delivery of the Certificates, the City will
execute and deliver to the Purchaser a certificate in the form set forth in the Official Statement.
CHANGE IN TAX EXEMFr STATUS .... At any time before the Certificates.are tendered for delivery, the Purchaser may withdraw its
bid if the interest received by private holders on obligations of the same type and character shall be declared to be includable in gross
income under present federal income tax laws, either by ruling of the InkTnal Revenue Service or by a decision of any Federal court,
or shall be declared taxable or be required to be taken into account in computing any federal income taxes, by the terms of any
federal income tax law enacted subsequent to the date of this Notice of Sale and Bidding Instructions.
GENERAL
FINANaAL ADvisoR... First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of
the Certificates. The Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent upon the
issuance and delivery of the Certificates. First Southwest Company may submit a bid for the Certificates, either independenfiy or as
a member of a syndicate organized to submit a bid for the Certificates. First Southwest Company, in its capacity as Financial
Advisor, has relied on the opinion of Bond Counsel and has not verified and does not assume any responsibility for the information,
covenants and representations contained in any of the legal documents with respect to the federal income tax stares of the
Certificates, or the possible impact of any present, pending or future actions taken by any legislative or judicial bodies. In the normal
come of business, the Financial Advisor may from time to time sell investment securities to the City for the investment of bond
proceeds or other funds of the City upon the request of the City.
BLUE SKY LAWS... By submission of its bid, the Purchaser represents that the sale of the Certificates in states other than Texas will
be made only pursuant to exemptions from regisu'ation or, where necessary, the Purchaser will register the Certificates in accordance
with the securities law of the states in which the Cer'd~cates are offered or sold. The City agrees to coopersic with the Purchaser, at
the Purchasers written request and expense, in registering the Certificates or obtaining an exemption ~'om registration in any state
where such action is necessary, pwvided, however, that the City shall not be obligated to execute a general or special consent to
service of process in any such jurisdiction.
NOT AN OFFER TO S~-I.I .... This Notice of Sale and Bidding Instructions does not alone constitute an offer to sell the Certificates,
but is merely notice of the sale of the Certificates. The offer to sell the Certificates is being made by means of the Notice of Sale and
Bidding InsWuctions, the Official Bid Form and the Official Statement Prospective purchasers are urged to carefully examine the
Official Statement to determine the investment quality of the Certificates.
ISSUANCE OF ADDITIONAL DEBT...The City anticipates the issuance of additional general obligation debt in the fall of 2001 in
the mount of $5.925 million.
RATINGS... The presently outstanding tax supported debt of the City is rated "AI" by Moody's Investors Service, Inc. ("Moody's")
and "A+" by Standard & Puor's Ratings Services, A Division of The McGraw-Hill Companies, Inc. CS&P"). The City also has
issues outstanding which are rated "Aaa" by Moody's and "AAA" by S&P through insurance by various commercial insunnce
companies. Applications for contract ratings on this issue have been made to Moody's and S&P. The results of their determinations
will be provided as soon as possible.
MUNICIPAL BOND INnnlANCE... In the event the Certificates are qualified for municipal bond insurance, and the Purchaser desires
to purchase such insurance, the cost therefor will be paid by the Purchaser. Any fees to be paid to the rating agencies as a result of
iv
said insurance will be paid by the City. It will be the responsibility ofthc Purchaser to disclose the existence of insurance, its terms
and the effect thereof with respect to the reoffering of the Certi~ca~.
THE OFFICIAL STATEMENT AND COMPLIANCE WITH SEC RULE 15C2-12... The City has prepared the accompanying Official
Statement and, for the limited purpose of complying with SEC Rule 15c2-12, deems such Official Statement to bc final as of its date
within the meaning of such Rule for the purpose of review prior to bidding. To the best knowledge and belief of the City, the Official
Statement contains information, including financial information or operating dam, concerning every entity, enterprise, fund, account,
or person that is material to an evaluation of the offering of the Certificates. Representations made and to be made by the City
concerning the absence of material misstatements and omissions in the Official Statement are addressed clscwhere in this Notice of
Sale and Bidding Instructions and in the Official StaLemerit.
The City will furnish to the Initial Purchaser(s), acting through a designated senior representative, in accordance with instructions
received from the Purchaser(s), within seven (7) business days from the sale date an aggregate of 150 copies of the Official Statement
reflecting interest rates and other terms relating to the initial reoffering of the Certificates. The cost of any Official Statement in
excess of the number specified shall be prepared and distributed at the cost of the Initial Purchaser(s). The Purchaser(s) shall be
responsible for providing in writing the initial reoffering prices and other terms, if any, to the Financial Advisor by the close of the
next business day after the award. Except as noted above, the City assumes no responsibility or obligation for the disUibution or
delivery of any copies of the Official Statement in connection with the offering or reoffering of the subject securities.
CONTINUING DISCLOSURE AGREEMENT... The City will agree in the Ordinance to provide certain periodic information and
notices of material events in accordance with Securities and Exchange Commission Rule 15c2-12, as described in the Official
Statement under "Continuing Disclosure of Information". The Purchaser(s') obligation to accept and pay for the Certificates is
conditioned upon delivery to the Purchaser(s) or (their) agent of a certified copy of the Ordinance containing the agreement
described under such heading.
COMPLIANCE WITH PRIOR UNDERTAKINGS... The City has complied in all material respects with all continuing disclosure
agreements made by it in accordance with SEC Rule 15c2-12.
ADDrnONAL COPrF. S OF NOTtCE, Bm FORM A~ STATF. MF~r... A limited number of additional copies of this Notice of Sale and
Bidding Insu'uctions, the Official Bid Form and the Official Statement, as available over and above the normal mailing, may be
obtained at the offices of First Southwest Company, InvesUnent Bankers, 1700 Pacific Avenue, Suite 500, Dallas, Texas 75201,
Financial Advisor to the City.
On the date of the sale, the City Council will, in the Ordinance authorizing the issuance of the Certificates, confirm its approval of the
form and content of the Official Statement, and any addenda, supplement or emenclment thereto, and authoriz~ its use in the
reoffering of the Cu'cificates by the Purchaser.
ATTEST:
City Secretary
City of Coppell, TeXas
Mayor
City of Coppell, Texas
OFFICIAL BID FORM
Honorable Mayor and City Council
City of Coppoll, Texas
January 23, 2001
Members of the City Council:
Reference is made to your Official Statement and Notice of Sale and Bidding Instructions, dated of $3,000,000
CITY OF COPPELL, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2001, both
of which constitute a part hereof.
For your legally issued Certificates, as described in said Notice of Sale and Bidding Instructions and Official Statement, we will pay
you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of $ for Certificates
maturing and bearing interest as follows:
Pdncipal Principal
Amount Maturity Coupon Amount Matudty Coupon
$ 155,000 2001 % $ 145,000 2011 %
85,000 2002 % 155,000 2012 %
90,000 2003 % 160,000 2013 %
95,000 2004 % 170,000 2014 %
105,000 2005 % 180,000 2015 %
110,000 2006 % 185,000 2016 %
115,000 2007 % 195,000 2017 %
125,000 2008 % 210,000 2018 %
130,000 2009 % 220,000 2019 %
140,000 2010 % 23~000 2020 %
Of the principal maturities set forth in the table above, term certificates have been created as indicaled in the following table (which
may include multiple term certificates, one term certificate or no term certificate if none is indicated). For those years which have
been combined into a term certificate, the principal amount shown in the table above shall be the mandatory sinking fund redemption
amounts in such years except that the amount shown in the year of the term certificate maturity date shall mature in such years. The
term certificates created are as follows:
Year of
Maturity Date First Mandatory Principal Interest
Redemption Amount Rate
$ %
$ %
$ %
$ %
Our calculation (which is not a part of this bid) of the interest cost from the above is:
TRUE INTEREST COST
We are having the Certificates of the following maturities insured by
at apremium of $ , said premium to be paid by the Purchaser. Any fees to be paid
to the rating agencies as a result of said insurance will be paid by the City.
"' i
The Initial Certificates shall be registered in the name of
for the Certificates, be cancelled by the Paying Agent/Registrar.
(DTUs partnership nominee), under the Book-Entry-Only System.
, which will, upon payment
The Certificates will then be registered in the name of Cede & Co.
A bank cashier's check or certified check of the Bank, , in the amount of $60.000.
which represents our Good Faith Deposit (is attached hereto) or (has been made available to you prior to the opening of this bid), and is
submitted in accordance with the terms as set forth in the Official Statement and Notice of Sale and Bidding Instructions.
We agree to accept delivery of the Certificates utilizing the Book-Entry-Only System through DTC and make payment for the Initial
Certificate in immediately available funds in the Corporate Trust Division, Wells Fargo Bank, Minneapolis, Minnesota, not later than
10:00 AM, CST, on March 6, 2001, or thereafter on the date the Certificates are tendered for delivery, pursuant to the terms set forth in the
Notice of Sale and Bidding Insunctions. It will be the obligalion of the purchaser of the Certificates to complete the DTC Eligibility
Questionnaire.
The undersigned agrees to complete, execute, and deliver to the City, at least six business days prior to deliv~y of the Certificates, a
certificate relating to the "issue price" of the Certificates in the form and to the effect accompanying the Notice of Sale and Bidding
Instructions, with such changes thereto as may be acceptable to the City.
We agree to provide in writing the initial reoffering prices and other terms, if any, to the Financial Advisor by the close of the next
business day after the award.
Respectfully submitted,
Syndicate Members:
Name of Undenvriter or Manager
Authorized Representative
Phone Number
Signature
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Coppell, Texas, subject to and in accordance with the Notice
of Sale and Bidding Instructions, this the 23rd day of January, 2001.
ATTEST:
City of Coppell, Texas
city s~-y
CERTIFICATE OF UNDERWRITER
The undersigned hereby certifies as follows with respect to the sale of $3,000,000 CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2001 (the "Certificates ").
1. The undersigned is the underwriter or the manager of the underwriters and selling group (the "Underwriter") which has
purchased the Certificates from the City of Coppell, Texas (the "lssuer").
2. The undersigned has made a bona fide offering of the Certificates to the public.
3. The first price during the initial offering (expressed as a "yield") of each maturity of the Certificates at which a substantial
mount hereof(at least 10 percent of the principal amount of each maturity of the Certificates) has been sold to the public is set
forth below:
Principal Principal
Amount Maturity Yield Amount Maturity Yield
155,000 2001 % $ 145,000 2011
85,000 2002 % 155,000 2012
90,000 2003 % 160,000 2013
95,000 2004 % 170,000 2014
105,000 2005 % 180,000 2015
110,000 2006 % 185,000 2016
115,000 2007 % 195,000 2017
125,000 2008 % 210,000 2018
130,000 2009 % 220,000 2019
140,000 2010 % 230,000 2020
4. For purposes of this certificate, the term "public" does not include (a) the undersigned, (b) members of the syndicate, if any,
managed by the undersigned, or (e) any bondhouses, brokers, dealers, and similar persons or organizations acting in the capacity
of underwriters or wholesalers that are related to, or controlled by, or are acting on behalf of or as agents for the undersigned or
members of any syndicate in which the undersigned is participating in the sale of the Certificates.
5. The offering price described above reflects current market prices at the time of such sales.
6. If any or all of the obligations constituting the Certificates are to be guaranteed then the premium paid for such guarantee in
an amount equal to $ is a reasonable amount payable solely for the transfer of eredR risk for the
payment of debt service on the Certificates and does not include any amount payable for a cost other than such guarantee, e.g., a
eredR rating fee. The Underwriter has represented that the present value of the premium paid' for the guarantee for each
obligation constituting the Certificates to which such premium is properly allocated and which are insured thereby is less than
the present value of the interest reasonably expected to be saved as a result of the insurance on each obligation constituting the
Certificates. The premium has been paid to a person which is not exempt from federal income taxation and which is not a user
or related to the user of any proceeds of the Certificates. In determining present value for this purpose, the yield of the
Certificates (determined with regard to the payment of the guarantee fee) has been used as the discount rate.
7. The undersigned understands that the statements made herein will be relied upon by the Issuer in its effort to comply with the
conditions imposed by the Internal Revenue Code of 1986 and by Bond Counsel in rendering their opinion that the interest on
the Certificates is exeludable from the gross income of the owners thereof.
EXECUTED and DELIVERED this
day of ,2001.
By
(Name of Underwriter or Manager)
(Title)
NEW ISSUE - Book-Entry-Only
PRELIMINARY OFFICIAL STATEMENT
Dated
Ratings:
Moody's: Applied For
S&P: Applied For
See ("Other Information
Ratings" herein)
In the opinion of Bond Counsel, interest on the Certificates will be excludable from gross income for federal income tax
purposes under statutes, regulations, published rulings and court decisions existing on the date thereof, subject to the matters
described under "Tax Matters" herein, including the alternative minimum tax on corporations.
THE CERTIFICATES WILL NOT BE DESIGNATED AS "QUALIFIED TAX-EXEMPT OBLIGATIONS"
FOR FINANCIAL INSTITUTIONS
Dated Date: January 15, 2001
$3,000,000
CITY OF COPPELL, TEXAS
(Dallas and Denton Counties)
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2001
#
Due: August 1, as shown below
PAYMENT TERMS ... Interest on the $3,000,000 City of Coppcll, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 2001 (the "Certificates") will accrue from January 15, 2001, (the "Dated Date**) and will be payable February
I and August 1 of each year commencing August 1, 2001, and will be calculated on the basis of a 350-day year consisting of
twelve 30-day months. The dc~nitivc Certificates will be initially registered and delivered only to Ccdc& Co., the nominee of
The Depository Trust Company CDTC*') pursuant to the Book-Entry-Only System described hcrein. Beneficial ownership of
the Certificates may be acquired in denominations of $5,000 or integral multiples thereof. No physical delivery of the
Certificates will be made to the owners thereof. Principal of, premium, if any, and interest on the Certificates will be payable
by thc Paying Agcnt/Pxcgistrar to Ccdc& Co., which will make distribution of the amounts so paid to the participating members
of DTC for subsequent payment to the beneficial owners of the Certificates. See "The Certificates - Book-Entry-Only System"
hcrein. The initial Paying Agent/RcgisWar is Wells Fargo Bank, Minneapolis, Minnesota (see "The Certificates - Paying
Agent/P, cgis~ar").
AUTHOmTY FOR ISSUANCE... The Ccrti~cates are issued pursuant to the Constitution and general laws of the State of Texas,
(the *'State") particularly Subchapter C of Chapter 271, Texas Local Government Code (the Certificate of Obligation Act of
1971), as amcndcd, and constitute direct obligations of the City of Coppell, Texas (the "City*'), payable from a combination of(i)
thc lcvy and collection of a direct and continuing ad valorera rex, within the limits prescribed by law, on all taxable property
within the City, and (ii) a limited pledge (not to exceed $1,000) of surplus net revenues of the City's Water and Sewer System,
as provided in the ordinance authorizing the Certificates (the "Ordinance") (see "The Certificates - Authority for Issuance").
PURPOSE... Proceeds from the sale of the Certificates will be used to pay contractual obligations for the acquisition of !and for
municipal uses and to pay thc costs of issuance associated with the Certificates.
"MATURITY SCHEDULE
See Schedule on inside front cover
LEGALITY... The Certificates arc offered for delivery when, as and if issued and received by the initial purchaser(s) and subject
to the approving opinion of the Attorney General of Texas and the opinion of McCall, Parkhum and Horton L.L.P., Bond
Counsel, Dallas, Texas (sec Appendix C, "Form of Bond Counsel's Opinion").
DELIVERY... It is expected that the Certificates will be available for dclivery through The Depository Trust Company on March
6, 2001.
BIDS DUE TUESDAY, JANUARY 23, 2001, AT 10:00 AIM, CST
MATURITY SCHEDULE
Pdncipal Principal
Amount Matudty Coupon Yield Amount
$ 155,000 2001 $ 145,000
85,000 2002 155,000
90,000 2003 160,000
95,000 2004 170,000
105,000 2005 180,000
II0,000 2006 185,000
115,000 2007 195,000
125,000 2008 210,000
130,000 2009 220,000
140,000 2010 230,000
Maturity
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Coupon Yield
(Accrued Interest from January 15, 2001 to be added)
OPTIONAL REDEMPTION... The City reserves the right, at its option, to redeem Certificates having stated maturities on and after
August 1, 2010, in whole or in part in principal mounts of $5,000 or any integral multiple thereof, on August 1, 2009, or any
date thereafter, at the par value thereof plus accrued interest to the date of redemption (see "The Certificates - Optional
Redemption").
This Official Statement, which includes the cover page and the Appendices hereto, does not constitute an offer to sell or the
solicitation of an QO~r to buy in any jurisdiction to any person to whom it is unlawful to make such o.O~r. solicitation or sale.
No dealer, broker, salesperson or other person has been authorized to give information or to make any representation other
than those contained in this Official Statement, and, if given or mode. such other information or representations must not be
relied upon.
The information set forth herein has been obtainedpom the City and other sources believed to be reliable, but such information
is not guaranteed as to accuracy or completeness and is not to be construed as the promise or guarantee of the Financial
Advisor. This Official Statement contains. in part. estimates and matters of opinion which are not intended as statements of fact.
and no representation is made as to the correctness of such estimates and opinions, or that they will be realized.
The information and expressions of opinion contained herein are subject to change without notice, and neither the delivery of
this Official Statement nor any sale made hereunder shall, under any circumstances. create any implication that there has been
no change in the affairs of the City or other matters described
TABLE OFCONTENTS
OFFICIAL STATEMENT SUMMARY ................ 5
CITY OFFICIALS, STAFF AND
CONSULTANTS ............................................. 7
ELECTED OFFICIALS ........................................... 7
SELECTED ADMINISTRATIVE STAFF ................... 7
CONSULTANTS AND ADVISORS .......................... 7
INTRODUCTION ................................................... 8
THE CERTIFICATES ............................................ 8
TAX INFORMATION .......................................... 13
TABLE 1 - VALUATION, EXEMPTIONS AND
GENERAL OBLIGATION DEBT .................. 15
TABLE 2 - TAXABLE ASSESSED VALUATIONS
BY CATEGORY .........................................16
TABLE 3 - VALUATION AND GENERAL
OBLIGATION DEBT HISTORY ................... 17
TABLE 4 - TAX RATE, LEVY AND COLLECTION
HISTORY ...... ~ ...........................................17
TABLE 5 - TEN LARGEST TAXPAYERS ........... 17
TABLE 6 - TAX ADEQUACY ............................ 18
TABLE 7 - ESTIMATED OVERLAPPING DEBT .. 18
DEBT INFORMATION ........................................ 19
TABLE 8 - PRO-FORMA GENERAL OBLIGATION
DEBT SERVICE REQUIREMENTS ............... 19
TABLE 9 - INTEREST AND SINKING FUND
BUDGET PROJECTION .............................. 19
TABLE 10 - COMPUTATION OF SELF-
SUPPORTING DEBT .................................. 19
TABLE 11 - AUTHORIZED BUT UNISSUED
GENERAL OBLIGATION BONDS ................ 20
TABLE 12 - OTHER OBLIGATIONS ..................... 20
FINANCIAL INFORMATION ............................ 21
TABLE 13 - GENERAL FUND REVENUE AND
EXPENDITURE HISTORY ........................... 21
TABLE 14 - MUNICIPAL SALES TAX HISTORY.22
TABLE 15 - CURRENT INVESTMENTS ............... 24
OTHER INFORMATION .................................... 27
RATnaGS ..........................................................27
LITIGATION ......................................................27
REGISTRATION AND QUALIHCATION OF
CERTIFICATES FOR SALE ......................... 27
LEGAL INVESTMENTS AND ELIGIBILITY TO
SECURE PUBLIC FUNDS IN TEXAS ............ 27
LEGAL OPINIONS AND NO-LITIGATION
CERTIFICATE ...........................................27
AUTHENTICITY OF FINANCIAL DATA AND OTHER
INFORMATION ..........................................28
CONTINUING DISCLOSURE OF INFORMATION...28
CERTIFICATION OF THE OFFICIAL STATEMENT g-9
APPENDICES
GENEXAL INFORMATION REGARDING THE CITY ........ A
EXCERPTS FROM THE ANNUAL FINANCIAL Pd~Z)KT. B
FORM OF BOND COUNSEL'S OPINION ........................ C
The cover page hereof, this page, the appendices included
herein nnd nny addcndn, supplement or amendment hereto,
arc part of the Official Statcmcnt.
OFFICIAL STATEMENT SUMMARY
This summary is subject in all respects to the more complete information and definitions contained or incorporated in this
Official Statement. The offering of the Certificates to potential investors is made only by means of this entire Official Statement.
No person is authorized to detach this summary from this Official Statement or to otherwise use it without the entire Official
Statement.
THE CITY .....................................The City of Coppell is a political subdivision and municipal corporation of the State, located
in Dallas and Denton Counties, Texas. The City covers approximately 14.71 square miles
(see "Introduction - Description of City").
THE CERTIFICATES ..................... The Certificates are issued as $3,000,000 Tax and Revenue Certificates of Obligation, Series
2001. The Certificates are issued as serial certificates maturing August I in each of the years
2001 through 2020, unless the purchaser designates one or more maturities as a Term
Certificate (see "The Certificates -Description of the Certificates").
PAYMENT OF INTEREST .............. Interest on the Certificates accrues from January 15, 2001, and is payable August 1,2001, and
each February I and August I thereafter until maturity or prior redemption (see "The
Certificates - Description of the Certificates" and "The Certificates - Optional Redemption").
AUTHORITY FOR ISSUANCE ......... The Certificates are issued pursuant to the general laws of the State, particularly Subchapter C
of Chapter 271, Texas Local Government Code (the Certificate of Obligation Act of 1971), as
amended and an Ordinance passed by the City Council of the City (see "The Certificates -
Authority for Issuance").
SECURITY FOR THE
CERTIFICATES ..............................
QUALIFIED TAX-EXEMPT
OBLIGATIONS ..............................
The Certificates constitute direct obligations of the City, payable from a combination of (i) the
levy and collection of a direct and continuing ad valorera tax, within the limits prescribed by law,
on all taxable property within the City, and (ii) a limited pledge (not to exceed $1,000) of surplus
net revenues of the City's Water and Sewer System (see 'The Certificates - Security and Source
of Payment").
The City will not designate the Certificates as "Qualified Tax-Exempt Obligations" for
financial institutions.
REDEMPTION ...............................The City reserves the right, at its option, to redeem Certificates having stated maturities on
and after August l, 2010, in whole or in pan in principal mounts of $5,000 or any integral
multiple thereof, on August l, 2009, or any date thereafter, at the par value thereof plus
accrued interest to the date of redemption (see "The Certificates - Optional Redemption").
TAX EXEMFrlON ......................... In the opinion of Bond Counsel, the interest on the Certificates will be excludable from gross
income for federal income tax purposes under existing law, subject to the matters described
under the caption "Tax Matters" herein, including the alternative minimum tax on
corporations.
USE OF PROC~EOS ....................... Proceeds from the sale of the Certificates will be used to pay contractual obligations for the
acquisition of land for municipal uses and to pay the costs of issuance associated with the
Certificates.
RATINCS .....................................The presently outstanding tax supported debt of the City is rated "A1" by Moody's Investors
Service, Inc. ("Moody's") and "A+' by Standard & Poor's Ratings Services, A Division of
The McGraw-Hill Companies, Inc. ("S&P"). The City also has issues outstanding which are
rated "Aaa" by lVioody's and "AAA" by S&P through insurance by various commercial
insurance companies. Applications for contract ratings on the Certificates have been made to
Moody's and S&P (see 'Other Information * Ratings").
BOOK-ENTRY-ONLY
SYSTEM ......................................The definitive Certificates will be initially registered and delivered only to Cede & Co., the
nominee of DTC pursuant to the Book-Entry-Only System described herein. Beneficial
ownership of the Certificates may be acquired in denominations of $5,000 or integral
multiples thereof. No physical delivery of the Certificates will be made to the beneficial
owners thereof. Principal of, premium, if any, and interest on the Certificates will be payable
by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so
paid to the participating members of DTC for subsequent payment to the beneficial owners of
the Certificates (see "The Certificates - Book-Entry-Only System").
PAYMENT RECOan ...................... The City has never defaulted in payment of its general obligation tax debt.
SELECTED FINANCIAL INFORMATION
FiScal
Year
Ended
9/30
1997
1998
1999
2000
2001
Ratio
G.O.
Per Capita General Per Tax Debt
Estimated Taxable Taxable Obligation Capita to Taxable
City Assessed Assessed (G.O.) G.O. Tax Assessed
Population o) Valuation (a) Valuation Tax Debt o) Debt Valuation
27,500 $ 1,694,320,857 $ 61,612 $ 47,009,375 $ 1,709 2.77%
29,000 1,990,428,558 68,635 47,054,375 1,623 2.36%
33,050 2,217,910, 119 67, 108 47, 199,375 1,428 2.13%
34,900 2,588,604,883 74, 172 58,014,375 1,662 2.24%
35,800 2,942,146,598 82,183 56,864,375 {'~ 1,588 1.93%
(1) Source: City of Coppell.
(2) As reported by the Dallas Central Appraisal District by the City's Annual State Property Tax Board Reports.
Subject to change during the ensuing year.
(3) Does not include self-supporting debt.
(4) Projected and includes $3.0 million Certificates of Obligation.
GENERAL FUND CONSOLIDATED STATEMENT SUMMARY
Fiscal Year Ended September 30,
2000 o) 1999 1998
Beginning Balance $ 8,559,406 $ 6,540,215 $ 5,099,812
Total Revenue 24, 155,728 20, 150,095 18,261,270
Total Expenditures 22,489,270 17,958,207 16, 155,344
Net Transfers 489,332 (172,697) (665,523).
Net Funds Available 2, 155,790 2,019, 191 1,440,403
Ending Balance $ 10,715,196 $ 8,559,406 $ 6,540,215
1997
$ 3,694,896
15,455,230
13,981,060
(69,254)
1,404,916
$ 5,099,812
1996
$ 2,285,843
13,418,428
11,826,813
(182,562)
1,409,053
$ 3,694,896
(I) Unaudited.
For additional information regarding the City, please contact:
/
Jim Wilt, City Managei'
Jennifer Armstrong Director of Finance
City of Coppell or
255 Parkway BIrd.
Coppell, Texas 75019
W. Boyd London, Jr.
Jason L. Hughes
First Southwest Company
1700 Pacific Avenue
Suite 500
Dallas, Texas 75201
(214) 953-4000
ELECTED OFFICIALS
CITY OFFICIALS, STAFF AND CONSULTANTS
Length of Term
City Council Service Expires Occupation
Candy Shcehan 7 Years May 2001 Community Volunteer
Mayor
Larry Whecler 4 Years May 2001 Self-Employed
Mayor Pro-Tem - Place 6 Suppo~ Services
Greg Garcia 3 Years May 2002
Councilmember - Place 1
Jayne P. Peters 2 Years May 2001
Councilmember - Place 2
Diana Raines 2 Months May 2002
Councilmember - Place 3
Marsha Tunnell 6 Years May 2001
Councilmember - Place 4
Doug Stover 3 Years May 2002
Councilmember - Place 5
Self-Employed Retailer
Community Volunteer
Community Volunteer
Public Relations/Consultant
Managerial Accountant
Bill York 3 Years May 2002 Retail Executive
CounciL'nember - Place 7
SELECTED ADMINISTRATIVE STAFF
Length of
Length of Total
Service Governmental
Name Position With Coppell Service
Jim Witt City Manager 7 Years 26 Years
Clay Phillips Deputy City Manager 9 Years 20 Years
Ken Griff'm Director of Engineering/Public Works 9 Years 19 Years
Jennifer Armstrong Director of Finance 10 Years 14 Years
Libby Ball City Secretary 8 Years 8 Years
Stephattie Tumlison Tax-Assossor Collector 4 Years 29 Years
Robert Hager City Attorney 20 Years 21 Years
Gary Sieb Director of Planning 11 Yem's 30 Years
CONSULTANTS AND ADVISORS
Auditors .......................................................................................................................................................Weaver & Tidell, L.L.P.
Dallas, Texas
Bond Counsel ........................................................................................................................................McCall, Parkhurst & Horton
Dallas, Texas
Financial Advisor ......................................................................................................................................First Southwest Company
Dallas, Texas
7
PRELIMINARY OFFICIAL STATEMENT
RELATING TO
$3,000,000
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES :2001
INTRODUCTION
This Official Statement, which includes the Appendices hereto, provides certain information regarding the issuance of
$3,000,000 City of Coppell, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2001. Capitalized terms
used in this Official Statement have the same meanings assigned to such terms in the Ordinance to be adopted on the date of sale
of the Certificates which will authorize the issuance of the Certificates, except as otherwise indicated herein.
There follows in this Official Statement descriptions of the Certificates and certain information regarding the City and its
finances. All descriptions of documents contained herein are only summaries and are qualified in their entirety by reference to
each such document. Copies of such documents may be obtained from the City's Financial Advisor, First Southwest Company,
Dallas, Texas.
DESCRWrlOrq OF THE CrrY... The City is a political subdivision and municipal corporation of the State, duly organized and
existing under the laws of the State, including the City's Home Rule Charter. The City was incorporated on December 17, 1955,
and first adopted its Home Rule Charter in 1986. The City operates under a Council/Manager form of government with a City
Council comprised of the Mayor and seven Councilmembers. The term of offic~ is two years with the terms of the Mayor and
three of the Councilmembers' terms expiring in odd-numbered years and the other terms of the four Councilmembers expiring in
even-numbered years. The City Manager is the chief administrative officer for the City. Some of the services that the City
provides are: public safety (police and fife protection), highways and streets, water and sanitary sewer utilities, health and social
services, culture-recreation, public improvements, planning and zoning, and general administrative s~rvices. The 1990 Census
population for the City was 16,983, while the estimated 2001 population is 35,800. The City covers approximately 14.71 square
miles.
THE CERTIFICATES
DESCRIPTION OF THE CERTIFICATES . .. The Certificates are dated 1anuary 15, 2001, and mature, or are subject to redemption,
on August 1 in each of the years and in the amounts shown on the cover page hereof. Interest will be computed on the basis of a
360-day year of twelve 30-day months, and will be payable on February 1 and August 1, commencing August 1, 2001. The
definitive Certificates will be issued only in fully registered form in any integral multiple of $5,000 for any one maturity and will
be initially registered and delivered only to Cede & Co., the nomine~ of The Depository Trust Company ("DTC") pursuant to the
Book-Entry-Only System described herein. No physical delivery of the Certificates will be made to the owners thereof.
Principal of, premium, if any, and interest on the Certificates will be payable by the Paying Agent/Registrar to Cede & Co.,
which will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the
beneficial owners of the Certificates. See "Book-Entry-Only System" herein.
f
AUTHORITY FOR ISSUANCe...The Certificates are being issued pursuant to the Constitution and general laws of the State of Texas,
particularly Subchapter C of Chapter 271, Texas Local Government Code (the Certificate of Obligation Act of 1971), as amended,
and an Ordinance passed by the City Council.
SECURlTY AND SOURCE OF PAYMENT... All taxable pwperty within the City is subject to a continuing direct annual ad valorera tax
levied by the City sufficient to provide for the payment of principal of and interest on all obligations payable in whole or in pan from
ad valorera taxes, which tax must be levied within limits prescribed by law. Additionally, the Certificates are payable from and
secured by a limited pledge (not to exceed $1,000) of surplus net revenues of the City's Water and Sewer System, as provided in the
Ordinance authorizing the Certificates.
TAX RATE LIMITATION... All taxable property within the City is subject to the assessment, levy and collection by the City of a
continuing, direct annual ad valorera tax sufficient to provide for the payment of principal of and interest on all 8d valorera tax
debt within the limits prcscribccl by law. Article XI, Section 5, of the Texas Constitution is applicable to the City, and limits its
maximum ad valorera tax rate to $2.50 per $100 Taxable Assessed Valuation for all City purposes. The Home Rule Charter of
the City adopts the constitutionally anthorizcd maximum tax rate of $2.50 per $100 Taxable Assessed Valuation.
OPTIONAL REDEMPTION... The City reserves the right, at its option, to redeem Certificates having stated maturities on and
after August 1, 2010, in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on August I, 2009, or
any date thereafter, at the par value thereof plus accrued interest to the date of redemption. If less than all of the Certificates arc
8
to be redeemed, the City may select the maturities of Certificates to be redeemed. If less than all the Certificates of any maturity
are to be redeemed, the Paying Agent/Registrar (or DTC while the Certificates are in Book-Entry-Only form) shall determine by
lot the Certificates, or portions thereof, within such maturity to be redeemed, lfa Certificate (or any portion of the principal sum
thereof) shall have been called for redemption and notice of such redemption shall have been given, such Certificate (or the
principal amount thereof to be redeemed) shall become due and payable on such redemption date and interest thereon shall cease
to accrue from and after the redemption date, provided funds for the payment of the redemption price and accrued interest
thereon are held by the Paying Agent/Registrar on the redemption date.
NOTICE OF REDEMPTION... Not less than 30 days prior to a redemption date for the Certificates, the City shall cause a notice of
redemption to be sent by United States mail, first class, postage prepaid, to the registered owners of the Certificates to be
redeemed, in whole or in part, at the address of the registered owner appearing on the registration books of the Paying
Agent/Registrar at the close of business on the business day next preceding the date of mailing such notice, ANY NOTICE SO
MAILED SHALL BE CONCLUSIVELY PRESUMED TO HAVE BEEN DULY GIVEN, WHETHER OR NOT THE
REGISTERED OWNER RECEIVES SUCH NOTICE. NOTICE HAVING BEEN SO GIVEN, THE CERTIFICATES CALLED
FOR REDEMPTION SHALL BECOME DUE AND PAYABLE ON THE SPECIFIED REDEMPTION DATE, AND
NOTWITHSTANDING THAT ANY CERTIFICATE OR PORTION THEREOF HAS NOT BEEN SURRENDERED FOR
PAYMENT, INTEREST ON SUCH CERTIFICATE OR PORTION THEREOF SHALL CEASE TO ACCRUE.
BOOK-ENTRY-ONLY SYSTEM... This section describes how ownership of the Certificates are to be transferred and how the
principal of, premium, if any, and interest on the Certificates are to be paid to and credited by The Depository Trust Company
("DTC"), New York, New York, while the Certificates are registered in its nominee name. The information in this section
concerning DTC and the Book-Entry-Only System has been provided by DTC for use in disclosure documents such as this
Official Statement. The City believes the source of such information to be reliable, but takes no responsibility for the accuracy
or completeness thereof.
The City cannot and does not give any assurance that (1) DTC will distribute payments of debt service on the Certificates, or
redemption or other notices, to DTC Participants, (2) DTC Participants or others will distribute debt service payments paid to
DTC or its nominee (as the registered owner of the Certificates), or redemption or other notices, to the Beneficial Owners, or that
they will do so on a timely basis, or (3) DTC will serve and act in the manner described in this Official Statement. The current
rules applicable to DTC are on file with the Securities and Exchange Commission, and the current procedures of DTC to be
followed in dealing with DTC Participants are on file with DTC.
DTC will act as securities depository for the Certificates. The Certificates will be issued as fully-registered securities registered
in the name of Cede & Co. (DTC's parmership nominee). One fully-registered certificate will be issued for each maturity of the
Certificates in the aggregate principal amount of each such maturity and will be deposited with DTC.
DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the
meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning
of the New York Uniform Commercial Code, and a "clearing agencyH registered pursuant to the provisions of Section 17A of the
Securities Exchange Act of 1934. DTC holds securities that its participants ("Direct ParticipantsH) deposit with DTC. DTC also
facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities
through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical
movement of securities certificates. Direct Participants include securities broken and dealers, banks, trust companies, clearing
corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock
Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC
system is also available to others such as securities brokers and dealers, banlos, and l~'ust companies that clear through or
maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Rules
applicable to DTC and its Participants are on file with the Securities and Exchange Commission.
Purchases of Certificates under the DTC system must be made by or through DTC Participants, which will receive a credit for
such purchases on DTC's records. The ownership interest of each actual purchaser of each Certificate ("Beneficial Owner") is in
turn to be recorded on the Direct or Indirect Participants' records. Beneficial Owners will not receive written confirmation from
DTC of their purchase, but Beneficial Owners are expected to receive written confu-madons providing details of the transaction,
as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner
entered into the transaction. Transfers of ownership interest in the Certificates are to be accomplished by entries made on the
books of Participants acting on behalf of Beneficial Owners. Beneficial Owners ~till not receive certificates representing
their ownership interests in the Certificates, except in the event that use of the book-entry system described herejn i~
discontinued.
To facilitate subsequent transfers, all Certificates deposited by Direct Participants with DTC are registered in the name of DTC's
partnership nominee, Cede & Co. The deposit of Certificates with DTC and their registration in the name of Cede & Co, effect
no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Certificates; DTC's records
reflect only the identity of the Direct Participants to whose accounts such Certificates arc credited, which may or may not bc the
Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of thcir customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants,
and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangemcnts among them, subject
to any statutory or regulatory requirements as may be in effect from time to timc.
Redemption notices shall be sent to Cede & Co. If less than all of the Certificates within an issue are being redeemed, DTC's
practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. will consent or vote with respect to the Certificates. Under its usual procedures, DTC mails an
Omnibus Proxy to the City as soon as possible after the Record Date (hereinafrer defined). The Omnibus Proxy assigns Cede &
Co.'s consenting or voting rights to those Direct Participants to whose accounts the Certificates arc credited on the Record Date
(identified in a listing attached to the Omnibus Proxy).
Principal and interest payments on the Certificates will be made to DTC. DTC's practice is to credit Direct Participants' accounts
on each payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that
it will not receive payment on such payable date. Payments by Participants to Beneficial Owners will be governed by standing
instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered
in "street name," and will be the responsibility of such Participant and not of DTC, the Paying Agent/Registrar or the City,
subject to any statutory or regulatory requirements as may be in effect from time to time. Payment Of principal and interest to
DTC is the responsibility of the City, disbursement of such paymcnts to Direct Participants shall be the responsibility of DTC,
and disbursement of such payments to the Beneficial Owners shall bc the responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as securities depository with respect to the Certificates at any time by giving
reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained,
Certificates are required to be printed and delivered.
The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository).
In that event, Certificates will be printed and delivered.
Use of Certain Terms in Other Sections of this Official Statement. In reading this Official Statement it should be understood
that while the Certificates are in the Book-Entry Only System, references in other sections of this Official Statement to registered
owners should be read to include the person for which the Participant acquires an interest in the Certificates, but (i) all rights of
ownership must be exercised through DTC and the Book-Entry Only System, and (ii) except as described above, notices that are
to be given to registered owners under the Ordinance will be given only to DTC.
Information concerning DTC and the Book-Entry Only System has been obtained from DTC and is not guaranteed as to
accuracy or completeness by, and is not to be construed as a representation by the City or the Purchasers.
Effect of Termination of Book-Entry Only System. In the event that the Book-Entry Only System is discontinued by DTC or
the use of the Book-Entry Only System is discontinued by the City, the following provisions will be applicable to the
Certificates. The Certificates may be exchanged for an equal aggregate principal amount of the Certificates in authorized
denominations and of the same maturity upon surrender thereof at the principal office for payment of the Paying
Agent/Registrar. The transfer of any Certificate may be registered on the books maintained by the Paying Agent/Registrar for
such purpose only upon the surrender of such Certificate to the Paying Agent/Registrar with a duly executed assignment in form
satisfactory to the Paying Agcnt/P, egistrar. For cvcry exchange or transfer of registration of Certificates, thc Paying
Agent/Registrar and the City may make a charge sufficient to reimbursc them for any tax or other governmental charge required
to be paid with respect to such exchange or rcgistration of tranffer. The City shall pay the fee, if any, charged by the Paying
Agent/Registrar for the transfer or exchange. The Paying Agent/Registrar will not be required to transfer or exchange any
Certificate after its selection for redemption. The City and the Paying Agent/Regiswar may treat the person in whose name a
Certificate is registered as the absolute owner thereof for all purposes, whether such Certificate is overdue or not, including for
the purpose of receiving payment of, or on account of, the principal of, premium, if any, and interest on, such Certificate.
PAYING AGENT/REGISTRAR... The initial paying Ageot/Registrar is Wells Fargo Bank, Minneapolis, Minessot~ In the Ordinance,
the City retnl,~ the right to replace the Paying Agent/Registrar. The City covenants to maintain and provide a Paying
Agent/Registrar at all times until the Certificates are duly paid and any successor Paying Agent/Registrar shall be a cornmenial bank
or trust company organized under the laws of the State of Texas or other entity duly qualified and legally authorized to serve as and
perform the duties and services of Paying Agent/R~gistrar for the Certificates. Upon any change in the Paying Agent/Registrar for
the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each registered owner of the Certificates by
United States mall, first class, postage prepaid, which notice shall also give the address of the new Paying Agent/Registear.
10
TRANSFER, EXCHANGE AND REGISTRATION... The Ce~i~cates may be transferred and exchanged on the registration books of the
Paying Agent/Registrar only upon presentation and surrender to the Paying Agenl/Registrar and such transfer or exchange shall be
without expense or service charge to the registered owner, except for any tax or other governmental charges required to be paid with
respect to such registration, exchange and transfer. A Certificate may be assigned by the execution of an assignment form on the
Certificate or by other instrument of transfer and assignment acceptable to the Paying Agent/Registrar. A new Certificate or
Certificates will be delivered by the Paying Agent/Registrar, in lieu of the Certificate being transferred or exchanged, at the
designated office of the Paying Agent/Registrar, or sent by United States mail, first class, postage prepaid, to the new registered
owner or his designee. To the extent possible, new Certificates issued in an exchange or lransfer of Certificates will be delivered to
the registered owner or assignee of the registered owner in not more than three business days after the receipt of the Certificates to be
cancelled, and the written instrument of transfer or request for exchange duly executed by the registered owner or his duly authorized
agent, in form satisfactory to the Paying Agent]Registrar. New Certificates registered and delivered in an exchange or transfer shall
be in any integral multiple of $5,000 for any one maturity and for a like aggregate principal amount as the Certificate or Certificates
surrendered for exchange or transfer. Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange
any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for redemption; provided, however,
such limitation of transfer shall not be applicable to an exchange by the registered owner of the uncalled balance of a Certificate.
RECORD DATE FOR INTEREST PAYMENT... The record date ("Record Date") for the interest payable on the Certificates on any
interest payment date means the close of business on the 15th day of the preceding month.
In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such
interest payment (a "Special Re~ord Date") will be established by the Paying Agent]Registrar, if and when funds for the payment
of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the
past due interest ("Special Payment Date", which shall be 15 days after the Special Record Date) shall be sent at least five
business days prior to the Special Record Date by United States mall, first class postage prepaid, to the address of each Holder of
a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day
next preceding the date of mailing of such notice.
BONDHOLDERS' REMEDIES... The Ordinance does not establish specific events of default with respect to the Certificates.
Under State law there is no right to the acceleration of maturity of the Certificates upon the failure of the City to observe any
covenant under the Ordinance. Although a registered owner of Certificates could presumably obtain a judgment against the City
if a default occurred in the payment of principal of or interest on any such Certificates, such judgment could not be satisfied by
execution against any property of the City. Such registered owner's only practical remedy, if a default occurs, is a mandamus or
mandatory injunction proceeding to compel the City to levy, assess and collect an annual ad valorera tax sufficient to pay
principal of and interest on the Certificates as it becomes due. The enforcement of any such remedy may be difficult and time
consuming and a registered owner could be required to enforce such remedy on a periodic basis. The Ordinance does not
provide for the appointment of a Irdstee to represent the interests of the bondholders upon any failure of the City to perform in
accordance with the terms of the Ordinance, or upon any other condition. Furthermore, the City is eligible to seek relief from its
creditors under Chapter 9 of the U.S. Bankruptcy Code. Although Chapter 9 provides for the recognition of a security interest
represented by a specifically pledged source of revenues, the pledge of taxes in support of a general obligation of a bankrupt
entity is not specifically recognized as a security interest under Chapter 9. Chapter 9 also includes an automatic stay provision
that would prohibit, without Bankruptcy Court approval, the prosecution of any other legal action by creditors or bondholders of
an entity which has sought protection under Chapter 9. Therefore, should the City avail itself of Chapter 9 protection from
creditors, the ability to enforce would be subject to the approval of the Bankruptcy Court (which could require that the action be
heard in Bankruptcy Court instead of other federal or state court); and the Bankruptcy Code provides for broad discretionary
powers of a Bankruptcy Court in administering any proceeding brought before it. The opinion of Bond Counsel will note that all
opinions relative to the enforceability of the Ordinance and the Certificates are qualified with respect to the customary rights of
debtors relative to their creditors.
Texas has adopted the 1998 revisions to Article 9 of the Uniform Commercial Code (the "UCC~), to become effective July 1,
2001. The revisions would for the first time provide means to perfect pledges by government entities and, in addition, would
make unperfected pledges subject to the interests of a bankruptcy trustee, whether or not the pledge collateral is exempt from
judicial liens. Security interests arising before July 1, 2001 that are not perfected by July 1, 2002 will be considered unperfected
pledges. For a number of reasons, it will be impractical and perhaps impossible to perfect the City's pledge of Ad Valorera
Taxes under the revised Article 9. In proceedings for the adjustments of their debts under the Bankruptcy Code, political
subdivisions are generally authorized to exercise the powers of a bankruptcy trustee. Aecurdingly, at~er July 1, 2002, it is likely
that the City could avoid its pledge of the Ad Valorera Taxes to secure payments of the Obligations, unless the Texas UCC is
further amended, or other statutes are enacted, to avoid this result. Since the pledge of the Ad Valorera Taxes may be legally
unenforceable in the circumstances in which it would be most valuable, no person should rely upon the pledge as providing asset
security or a preference fight in the event that the City should become insolvent.
Even under the 1998 UCC revisions, the rights of certificateholders with respect to the Ad Valorem Taxes and the amounts in the
funds created under the Ordinance, and other financial covenants of the City made in the Ordinance are valid and enforeible
except in the event of bankruptcy. Thus, for example, outside of the occurrence of municipal bankruptcy, eertifieateholden may
enforce the obligation of the City to apply the Ad Valorera Taxes to pay holders of the certificate, as described above (see
11
"Security and Source of Payment"). Moreover, the City is aware that proposed le4gislation is being drafted and may be
introduced for consideration by the Texas Legislature in the legislative session that begins in January, 2001 to amend Texas law
to avoid the results of the adoption of the 1998 UCC revisions mentioned above. No assurance can be given, however, that any
such legislation will be adopted by the Texas Legislature, or that, if it is adopted, it can be given legal effect prior to July I,
2002.
DEFEASANCE... The Ordinance provide for the Defcasance of the Obligations when the payment the premium, if any, on the
Obligations, plus intenst thereon to the due date thereof (whether such due date be by reason of maturity, redemption, or
otherwise), is provided by irrevocably depositing with the paying agent, in trust (1) money sufficient to make such payment or
(2) Defeasance Securities, ceRified by an independent public accounting firm of national reputation to mature as to principal and
interest in such mounts and at such times to insure the availability, without, reinvestment, of sufficient money to make such
payment, and all necessary and proper fees, compensation and expenses of the paying agent for the Obligation. The Ordinance
provide that "Defeasance Security" means (a)direct, noncallable obligations of the United States of America, including
obligations that are unconditionally guaranteed by the United States of America, (b) noncallable obligations of any agency or
instrumentality and that are rated as to investment quality by a nationally recognized investment rating firm not less than "AAAn
or its equivalent, and (c) noncallable obligations or a state or an agency or a county, municipality, or other political subdivision
of a state that have been refunded and that are rated as to investment quality by a nationally recognized rating firm not less that
"AAA" or its equivalent. The Issuer has additionally reserved the right, subject to satisfying the requirements of (1) and (2)
above, to substitute other Defeasance Securities originally deposited, to reinvest the uninvested moneys on deposit for such
Defeasance and to withdraw for the benefit of the Issuer moneys in excess of the mount required for such Defeasance.
Upon such deposit as described above, such Obligation shall no longer be regarded to be outstanding or unpaid. Provided,
however, the Issuer has reserved the option, to be exercised at the time of the Defeasance of the Obligation, to call for
redemption, at an earlier date, those Obligations which have been defeased to their maturity date, if the Issuer:. (I) in the
proceedings providing for the firm banking and financial arrangements, expressly reserves the right to call the Obligation for
redemption; (ii) gives notice of the reservation of the right to the owner of the Obligation immediately following the making of
the firm banking and financial arrangements; and (iii) directs that notice of the reservation to be included in any redemption
notices that it authorizes.
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TAX INFORMATION
AD VALOREM TAX LAW... The appraisal of property within the City is the responsibility of the Dallas Central Appraisal District
County Appraisal District (the "Appraisal District"). Excluding agricultural and open-space land, which may be taxed on the basis of
productive capacity, the Appraisal District is required under the Property Tax Code to appraise all property within the Appraisal
District on the basis of 100% of its market value and is prohibited from applying any assessment ratios. In determining market value
of pwpeny, different methods of appraisal may be used, including the cost method of appraisal, the income method of appraisal and
market dam comparison method of appraisal, and the method considered most appwpriate by the chief appraiser is to be used. State law
further limits the appraised value of a residence homestead for a tax year to an mount not to exceed the less of ( l ) the market value of the
property, or (2) the sum of(a) l(P/0 of the appraised value of the property for the last year in which the property was appraised for taxation
times the number of years since the property was last appraised, plus (b) the appraised value of the property for the last year in which the
pwperty was appraised plus (c) the market value of all new improvements to the property. The value placed upon property within the
Appraisal Disuict is subject to review by an Appraisal Review Board, consisting of three members appointed by the Board of
Directors of the Appraisal District. The Appraisal District is required to review the value of property within the Appraisal District at
least every three years. The City may require annual review at its own expense, and is entitled to challenge the determination of
appraised value of property within the City by petition filed with the Appraisal Review Board.
Reference is made to the V.T.C.A., Property Tax Code, for identification of property subject to taxation; property exempt or which
may be exempted from taxation, if claimed; the appraisal of property for ad valorera taxation purposes; and the procedures and
limitations applicable to the levy end collection of ad valorera taxes.
Article VIII of the State Constitution ("Article VIII") end State law provide for certain exemptions from property taxes, the valuation
of agricultural and open-space lends at productivity value, and the exemption of certain personal property from ad valorera mation.
Under Section l-b, Article VIII, and State law, the governing body of a political subdivision, at its option, may grant: (1) An
exemption of not less than $3,000 of the market value of the residence homestead of persons 65 years of age or older end the
disabled from all ad valorern taxes thereafter levied by the political subdivision; (2) An exemption of up to 20% of the market value
of residence homesteads. The minimum exemption under this provision is $5,000.
In the case of residence homestead exemptions granted under Section l-b, Article VIII, ad valorera taxes may continue to be
levied against the value of homesteads exempted where ad valorera taxes have previously been pledged for the payment of debt
if cessation of the levy would impair the obligation of the contract by which the debt was created,
State law and Section 2, Article VIII, mendate en additional property lax exemption for disabled veterans or the surviving spouse or
children of a deceased veteran who died while on active duty in the armed forces; the exemption applies to either real or personal
property with the mount of assessed valuation exempted ranging from $5,000 to a maximum of $12,000.
Article VIII provides that eligible owners of both agricultural lend (Section l-d) end open-space land (Section 1-d-l), including
open-space lend devoted to farm or ranch purposes or open-space lend devoted to timber production, may elect to have such pwperty
appraised for property taxation on the basis of its productive capacity. The same land may not be qualified under both Section l-d
and l-d-1.
Nonbusiness personal property, such as automobiles or light macks, are exempt from ad valorera taxation unless the governing body
of a political subdivision elects to tax this property. Boats owned as nonbusiness property are exempt from ad valorera taxation.
Article VIII, Section l-j, pwvides for "freeport property" to be exempted from ad valorera taxation. Freeport property is defined as
goods detained in Texas for 175 days or less for the purpose of assembly, storage, menufacturing, processing or fabrication.
Decisions to continue to lax may be reversed in the future; decisions to exempt freepo~ property are not subject to reversal.
The City end the other taxing bodies within its territory may agree to jointly cream tax increment fmencing zones, under which the
tax values on property in the zone are "frozen" at the value of the property at the time of creation of the zone. The City also may
enter into tax abatement agreements to encourage economic development. Under the agreements, a property owner agrees to
construct certain improvements on its property. The City in turn agrees not to levy a lax on all or part of the increased value
attributable to the improvements until the expiration of the agreemenL The abatement agreement could last for a period of up to I0
years.
EFFECTIVE TAX RATE AND ROLLBACK TAX RATE ... By each September 1 or as soon thereafter as practicable, the City
Council adopts a tax rate per $100 taxable value for the current year. The tax rate consists of two components: (1) a rate for
funding of maintenance end operation expenditures, and (2) a rate for debt service.
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Under the Property Tax Code, the City must annually calculate and publicize its "effective tax rate" and "rollback tax rate". The
City Council may not adopt a tax rate that exceeds the lower of the rollback tax rate or 103 per cent of the effective tax rate until
a public heating is held on the proposed tax rate following a notice of such public hearing (including the requirement that notice
be posted on the City's website if the City owns, operates or controls an internet website and public notice be given by television
if the City has free access to a television channel) and the City Council has otherwise complied with the legal requirements for
the adoption of such tax rate. If the adopted tax rate exceeds the rollback tax rate the qualified voters of the City by petition
may require that and election be held to determine whether or not to reduce the tax adopted for the current year to the rollback
tax rate.
"Effective tax rate" means the rate that will produce last years total tax levy (adjusted) from this ycar's total taxable values
(adjusted). "Adjusted" means lost values arc not included in the calculation of last ycar's taxes and new values arc not included
in this ycar's taxable values.
"Rollback tax rate" means the rate that will produce last year's maintenance and operation tax levy (adjusted) from this ycar's
values (adjusted) multiplied by 1.08 plus a rate that will produce this ycar's debt service from this ycar's values (unadjustcd)
divided by the anticipated tax collection rate.
The Property Tax Code provides that certain cities and counties in the State may submit a proposition to the voters to authorize
an additional one-half cent sales tax on retail sales of taxable items. If ~e additional tax is levied, the effective tax rate and the
rollback tax rate calculations are required to be offset by the revenue that will be generated by the sales tax in the current year.
Refcrence is made to the Property Tax Code for definitive requirements for the levy and collection of ad valorera taxes and the
calculation of the various defined tax rates.
PROPERTY ASSESSMENT ANn TAX PAYMENT... Property within ~e City is generally assessed as of January I of each year.
Business inventory may, at the option of the taxpayer, be assessed as of September. Oil and gas reserves arc assessed on the
basis of a valuation process which uses an average of ~e dally price of oil and gas for the prior year. Taxes become due October
I of the same year, and become delinquent on February 1 of the following year. Taxpayers 65 years old or older are permitted by
State law to pay taxes on homesteads in four installments with ~c first due on February I of each year and the final installment
due on August 1.
PENALTIES AND INTEREST... Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows:
Cumulative Cumulative
Month Penalty Intaest Total
February 6% 1% 7%
March 7 2 9
April 8 3 11
May 9 4 13
June I0 5 15
July 12 6 18
After July, penalty remains at 12%, and interest increases at the rate of 1% each month. In addition, if an account is dclinquent
in July, a 15% attorocy's collection fee is added to the total tax penalty and interest charge. Under certain circumstances, taxes
which become delinquent on the homestead of a taxpayer 65 years old or older incur a penalty of 8% per annum with no
additional penalties or interest assessed. In general, property subject to the City's lien may be sold, in whole or in parcels,
pursuant to court order to collect the mounts due. Federal law does not allow for the collection of penalty and interest against
an estate in bankruptcy. Federal bankruptcy law provides that an automatic stay of action by creditors and other entities,
including governmental units, goes into effect with the filing of any petition in bankruptcy. The automatic stay prevents
governmental units from foreclosing on property and prevents liens for post-petition taxes from attaching to property and
obtaining secured creditor status unless, in either case, an order lifting the stay is obtained from the bankruptcy court. In many
cases post-petition taxes are paid as an administrative expense of the estate in bankruptcy or by order of the bankruptcy court.
CITY APPLICATION OF TAX CODE... The City grants an exemption to the market value of the residence homestead of persons
65 years of age or older of $75,000; the disabled arc also granted an exemption of $75,000.
The City has not granted an additional exemption of 20°/6 of the market value of residence homesteads; minimum exemption of
$5,000.
See Table 1 for a listing of the amounts of the exemptions described above.
Ad valorera taxes are not levied by the City against the exempt value of residence homesteads for the payment of debt.
The City does not tax nonbusiness personal propen'y; and the City collects its own taxes.
The City does not penit split payments, and discounts are not allowed.
14
r
Thc City does not tax freeport property.
The City does not collect the additional one-half cent sales tax for reduction of ad vnlorem taxes.
The City has adopted a tax abatement policy.
TAX ABATEMENT POLICY... The City has established a tax abatement program to encourage economic development. In order
to be considered for tax abatement, a project must meet several criteria pertaining to job creation, property value enhancement
and type of use. Generally, projects arc eligible for a tax abatement of up to 75% for a period of five years. The value of
property subject to abatement is shown in Table 1.
TABLE 1 - VALUATION, EXEMPTIONS AND GENERAL OBLIGATION DEBT
2000/01 Market Valuation Established by Dallas Central Appraisal District
(excluding totally exempt property)
$ 3,361,239,000
100, 147,940
Less Exemptions/Reductions at 100% Market Value:
Income Producing Tangible Personal Property Under $500.00
Over 65 and Disabled
Disabled Veterans
Freeport
Open-Space and Timberland Use Reductions
Tax Abatement Reductions
10% Cap on Residential Homesteads
Pollution Control
$ 5,010
30,263,527
455,171
55,802,233
65,529,616
132,232,305
34,429,083
227,517
$ 318,944,462
2000/01 Taxable Assessed Valuation
$ 2,942,146,598
General Obligation Debt Payable from Ad Valorera Taxes (as of 9/3 0/00]0)
General Obligation Debt
Contract Revenue Bonds
Coppell MUD # 1 Revenue Bonds
The Certificates
53,770,000
25,000
4,244,375
3,00~000
General Obligation Debt Payable from Ad Valorera Taxes
$ 61,039,375
Less: Self Supporting Debt(2)
Contract Revenue Bonds
$ 25,000 $ 25,000
Net General Obligation Debt Payable from Ad Valorem Taxes
$ 61,014,375
General Obligation Interest and Sinking Fund as of 10/1/00
$ 535,299
Ratio General Obligation Tax Debt to Taxable Assessed Valuation
2.07%
2001 Estimated Population - 35,800
Per Capita Taxable Assessed Valuation - $82,183
Per Capita General Obligation Debt Payable from Ad Valorera Taxes - $1,705
Per Capita Net General Obligation Debt Payable from Ad Valorera Taxes - $1,704
(1) The above statement of indebtedness does not include currently outstanding $19,420,000 Waterworks and Sewer System
revenue bonds, as these bonds arc payable solely from the net revenues of the Waterworks and Sewer System (the "System"), as
defined in the ordinances authorizing the bonds.
(2) General obligation debt in the mounts shown for which repayment is provided from revenues of the respective revenue
system. The mount of self supporting debt is based on the percentages of revenue support as shown in Table 10. It is the
City's current policy to pwvide these payments from respective system revenues; this policy is subject to change in the future.
15
TABLE 2 - TAXABLE ASSESSED VALUATIONS BY CATEGORY
Category
Real, Residential, Single-Family
Real, Residential, Multi-Family
Real, Vacant Lots/Tracts
Real, Acreage (Land Only)
Real, Farm and Ranch Improvements
Real, Commercial
Real, Industrial
Real, Off, Gas and Other Mineral Reserves
Real and Tangible Personal, Utilities
Tangible Personal, Commercial
Tangible Persotini, Industrial
Tangible Personal, Mobile Homes
Other
Total Appraised Value Before Exemptions
Less: Total Exemptions/Reductions
Adjustments
Taxable Assessed Value
Taxable Appraised Vaue for Fiscal Year Ended September 30,
2001 2000 1999
%of %of
Amount Total Amount Total Amount
$ 2,063,821,800 63.29% $1,811,449,040 62.92% $ 1,562,525,880
142,094,330 4.36% 120,205,850 4.18% 75,113,200
77,705,550 2.38% 61,855,680 2. ! 5% 63,489,450
87,473,710 2.68% 99,962,870 3.47% 116,700,880
0.00% 0.00%
496,088,300 15.21% 419,570,080 14.57% 292,377,230
2,156,590 0.07% 4,217,140 0.15% 3,606,560
35,340 0.00% 38,240 0.00% 43,560
51,251,040 1.57% 45,157,950 1.57% 45,613,640
313,263;.60 9.61% 295,265,300 10.26% 261,464,236
24,398,480 0.75% 18,828,790 0.65% 13, 100, ! 40
2,802,660 0.09% 2,588,790 0.09% 2,441,420
0.00% - 0.00%
$3;.61,091,060 100.00% $2,879,139,730 100.00% $2,436,476,196
318,944,462 292,080,523 217,3 04,200
1,545,676 (1 ;.61,877)
2,942, 146,598 $2,588,604,883 $2,217,91 O, 119
%of
Total
64.13%
3.08%
2.61%
4.79%
0.00%
12.00%
0.15%
0.00%
1.87%
10.73%
0.54%
0.10%
,0.00%
! 00.00%
Category
Real, Residential, Single-Family
Real, Residential, Multi-Fam~y
Real, Vacant Lots/Tracts
Real, Acreagc (Land Only)
Real, Farm and Ranch Improvements
Real, Commercial
Real, Industrial
Real, Oil, Gas and Other Mineral Reserves
Real and Tangible Personal, Utilities
Tangible Personal, Commercial
Tangible Personal, Industrial
Tangible Personal, Mobile Homes
Tangible Personal, Other
Total Appraised Value Before Exemptions
Less: Total Exemptions/Reductions
Adjuslments
Taxable Assessed Value
Taxable Appraised Value for Fiscal Year Ended Septamber 30,
1998 1997
Amount
$1,400,030,440
66,943,110
62,551,100
118,649,800
875,970
226,972,220
3,572,800
43,452,440
182,014,330
9,875,420
2,427,240
79,653,470
$2,197,018,340
217,787,209
11,197,427
$1,990,428,558
% of % of
Total Amount Total
63.72% $1,246,923,090 69.88%
3.05% 46;.08,150 2.59%
2.85% 88,232,330 4.95%
5.40% 81,321,180 4.56%
0.04% 760,800 0.04%
10.33% 153,116,160 8.58%
0.16% 3,144,800 0.18%
0.00% 0.00%
1.98% 38,801,850 2.17%
8.28% 115,459,134 6.47%
0.45% 8,082,620 0.45%
0.11% 2,222,800 0.12%
3.63% 0.00%
100.00% $1,784,272,914 100.00%
95,294,407
5,342,350
$1,694,320,857
NOTE: Valuations shown are certified taxable assessed values reported by the Dallas Central Appraisal District to the State
Comptroller of Public Accounts. Certified values are subject to change throughout the year as contested values are resolved and
the Appraisal District updates records.
t
TABLE3 - VALUATION AND GENERAL OBLIGATION DEBT HISTORY
Fiscal
Year
Ended
9/30
1997
1998
1999
2000
2001
Ratio of
Taxable General G.O. Tax Debt G.O. Tax
Taxable Assessed Obligation to Taxable Debt
Estimated Assessed Valuation (G.O.) Assessed Per
Population") Valuation(2) Per Capita Tax Debt o) Valuation Capita
27,500 $ 1,694,320,857 $ 61,612 $ 47,009,375 2.77% $ 1,709
29,000 1,990,428,558 68,635 47,054,375 2.36% 1,623
33,050 2,217,910,119 67,108 47,199,375 2.13% i,428
34,900 2,588,604,883 74,172 58,014,375 2.24% 1,662
35,800 2,942,146,598 82,183 56,864,375 (4) 1.93% (4) 1,588
(I) Source: City of Coppell.
(2) As reported by the Dallas Central Appraisal District on City's annual State Property Tax Board Reports; subject to change
during the ensuing year.
(3) Does not include self-supporting debt
(4) Projected and includes $3.0 million Certificates of Obligation being offered herein.
TABLE 4 - TAX RATE, LEVY AND COLLECTION HISTORY
Interest
Fiscal and
Year Tax General Sinking % Current % Total
Ended Rate Fund Fund Tax Levy Collections Collections
1997 $0.66860 $0.41650 $ 0.25210 $ 11,328,230 99.52% 99.99%
1998 0.66860 0.40999 0.25861 13,308,006 99.61% 99.84%
1999 0.64860 0.41870 0.22990 14,385,365 99.23% 99.88%
2000 0.64860 0.42556 0.22304 16,789,691 99.15% 99.36% ·
2001 0.64860 0.42194 0.22666 19,082,763 4.76% (D 4.88%
(1)
(1) As of November 30, 2000.
TABLE 5 - TEN LARGEST TAXPAYERS
2000/01 % of Total
Taxable Taxable
Assessed Assessed
Name of Taxpayer Nature of Property Valuation Valuation
Minyard Food SWres Wholesale/Grocery $ 54,421,298 1.85 %
Gulf United Industries Wholesale/Distribution 35,605,586 1.21
Western Rim Investors Multi-Family Complex 24,007,780 0.82
General Telephone Telephone/Utility 23,952, 140 0.81
Houtex USA Inc. Multi-Family Complex 22,424,000 0.76
Texas Utilities Electric Electric Utility 20,507,820 0.70
WHCO Real Estate Multi-Family Complex 19,324,930 0.66
Coppell Apartments Multi-Family Complex 18,619,440 0.63
Post Apartments/Homes LP Multi-Family Complex 18,600,000 0.63
Trinet Corporation Realty Trust Wholesale/Distribution 18,500,000 0.63
$ 255,962,994 8.70 %
GENERAL OBLIGATION DEBT LIMITATION... No general obligation debt limitntion is imposed on the City under current State
law or the City's Home Rule Charter (see "Tax Rate Limitation").
17
7
TABLE 6 - TAX ADEQUACY
2001 Principal and Interest Requirements .................................................... $ 7,263,450
$0.2494 Tax Rate at 99% Collection Produces .............................................. $ 7,264,336
Average Annual Principal and Interest Requirements, 2001-2020 ........................ $ 4,537,692
$0.1558 Tax Rate at 99% Collection Produces .............................................. $ 4,538,026
TABLE 7 - ESTIMATED OVERLAPPING DEBT
Expenditures of the various taxing entities within the territory of the City are paid out of ad vaiorem taxes levied by such entities
on properties within the City. Such entities are independent of the City and may incur borrowings to finance their expenditures.
This statement of direct and estimated ove~apping ad valorera tax bonds ("Tax Debt") was developed from information
contained in "Texas Municipal Reports" published by the Municipal Advisory Council of Texas. Except for the mounts
relating to the City, the City has not independently verified the accuracy or completeness of such information, and no person
should rely upon such information as being accurate or complete. Furthermore, certain of the entities listed may have issued
additional bonds since the date hereof, and such entities may have programs requiring the issuance of substantial mounts of
additional bonds, the mount of which cannot be determined. The following table reflects the estimated share of overlapping
Tax Debt of the City.
Taxin~ Jurisdiction
Direct:
City of Coppell
Overlapping:
Dallas County
Coppell Independent School District
Carrollton-Farmers Branch Independent
School District
Dallas County Community College District
Dallas County Hospital District
Denton County
Denton County RUD No. 1
Lewisville Independent School District
Northwest Dallas County Flood Control
District No. 1
Total
City's
Total Overlapping Authorized
G.O. Tax Estimated G.O. But Unissued
Debt % Tax Debt Debt As Of
As of 1/1/01 Applicable As of 1/1/01
$ 61,014,375 (' 100.00% $ 61,014,375 $ 31,730,000
260,070,138 1.02% 2,652,715 45,845,000
125,400,442 50.94% 63,878,985 14,000,000
249,285,646 0.60% !,495,714 74,600,000
1.02%
1.02%
107, 177,570 0.09% 96,460 65,845,000
16,645,000 10.98% 1,827,621 26,700,000
377,697,515 0.21% 793,165 80,000,000
8,424,000 100.00% 8,424,000 ' 13,015,000
$1,205,714,686 $140,183,035
Total Direct and Overlapping G. O. Tax Debt
Ratio of Direct and Overlapping G. O. Tax Debt to Taxable Assessed Valuation
Per Capita Overlapping G. O.Tax Debt
140, 183,035
4.76%
3,915.73
(1) Includes the Certificates.
18
DEBT INFORMATION
TABLE 8 - PRO-FORMA GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS
Fiscal
Year
Ending Outstanding Gencrai Obligation I~bt (t) This $3,000,000 Issue
30-Sop Principal Interest Total P&I Principal Interest
2001 $ 3,995,000 $ 3,022,223 $ 7,017,223 $ 155,000 $ 91,227
2002 4,170,000 2,817,569 6,987,569 85,000 157,873
2003 4,425,000 2,593,888 7,018,888 90,000 152,560
2004 4,645,000 2,358,852 7,003,852 95,000 146,935
2005 4,855,000 2,114,636 6,969,636 105,000 140,998
2006 3,906,941 2,531,504 6,438,444 110,000 134,435
2007 2,627,398 2,372,829 5,000,228 115,000 127,560
2008 2,770,036 2,241,866 5,011,901 125,000 120,373
2009 2,925,000 1,396,538 4,321,538 130,000 112,560
2010 2,630,000 1,250,621 3,880,621 140,000 105,735
2011 2,570,000 1,113,548 3,683,548 145,000 98,875
2012 2,725,000 973,150 3,698,150 155,000 91,698
2013 2,820,000 823,514 3,643,514 160,000 83,870
2014 2,835,000 669,841 3,504,841 170,000 75,630
2015 2,550,000 522,791 3,072,791 180,000 66,705
2016 1,985,000 397,161 2,382,161 185,000 57,165
2017 2, 100,000 287,626 2,387,626 195,000 47,268
2018 1,295,000 195,313 1,490,313 210,000 36,640
2019 1,370,000 121,019 1,491,019 220,000 25,090
2020 815,000 48,900 863,900 230,000 12,880
Totals $ 58,014,375 $ 27,853,387 $ 85,867,762 $ 3,000,000 $1,886,075
TotaiP&I
$ 246.227
242.873
242 560
241 935
245 998
244 435
242 560
245.373
242.560
245735
243 875
246 698
243 870
245 630
246 705
242 165
242 268
246,640
245,090
242,880
$4,886,075
Percent
of
Principal
Totals Reti~d
$ 7,263,450
7,230,442
7,261,448
7,245,787 28.94%
7,215,634
6,682,879
5,242,788
5,257,274 52.90%
4,564,098
4,126,356
3,927,423
3,944,848 71.61%
3,887,384
3,750,471
3,319,496
2,624,326 89.45%
2,629,894
1,736,953
1,736,109
1,106,780 100.00%
$90,753,837
(1) "Outstanding Debt" does not include lease/purchase obligations.
(2) Average life of the issue - 11.539 years. Interest on the Certificates has been calculated at the rate of 5.456% for purposes
of illustration.
TABLE 9 - INTgRES'T AND SINKING FUND BUDGET PROJECTION
Tax Supported Debt Service Requirements, Fiscal Year Ending 9-30-01
Interest and Sinking Fund, 9-30-00
Interest and Sinking Fund Tax Levy ~ 99% Collection
Budgeted Transfers
Estimated Investment Income
Penalty & Interest and Delinquents
535,299
6,612,960
15~000
130,000
35,000
$ 7,263,450
7,463,259
Estimated Balance, 9-30-0 1
$ 199,809
TABLE 10 - COMPUTATION OF SELF-SUPPORTING DEBT
Net System Revenue Available, Fiscal Year Ended 9-30-00(1)
Less: Requirements for Revenue Bonds
Balance Available for Other Puposes
Requirements for System Tax Bonds
Percentage of System General Obligation Bonds Self-Supporting
( I ) Unaudited.
$ 5,202,300
2,462,058
$ 2,740,242
26,088
100%
19
TABLE l 1 - AI. FTHORIZED BUT UNtSSUED GENERAL OBLIGATION BONDS
Amount Amount
Date Amount Previously Being Unissued
Purpose Authorized Authorized Issued Issued Balance
Park Improvements 3/3/90 $ 1,030,000 $ 835,000 $ $ 195,000
Street Improvements 3/3/90 7,750,000 7,665,000 85,000
Drainage Improvements 3/3/90 800,000 400,000 400,000
Police and Fire Improvements 3/3/90 1,400,000 1,295,000 105,000
Library Improvements 3/3/90 2,600,000 2,520,000 80,000
Park Improvements 1 I/2/99 8,685,000 5,785,000 2,900,000
Drainage Improvements 1 I/2/99 1,700,000 295,000 1,405,000
Street Improvements 11/2/99 30,345,000 3,785,000 26,560,000
$ 54,310,000 $ 22,580,000 $ $ 31,730,000
ANTICIPATED ISSUANCE OF GENERAL OBLIGATION DEBT...
The City anticipates the issuance of additional general obligation debt in the fall of 2001 in the amount of $5.925 million.
TABLE 12-OTHER OBLIGATIONS
The annual obligationsunder Capital Leases areasfollows:
2001
2002
2003
$ 569,221
507,517
172,158
$ 1,248,896
Less amount representing interest
103,140
1,145,756
Included in vehicles, machinery and equipment in the General Fixed Assets account group are vehicles and equipment leased
under capital leases totaling $1,588,960.
PENSION FUND... The City provides pension benefits for all of its full-time employees through the Texas Municipal Retirement
System CTMRS"), a State-wide administered pension plan. The City makes annual contributions to the plan equal to the
amounts accrued for pension expense. (For more detailed information concerning the retirement plan, see Appendix B,
"Excerpts from the City's Annual Financial Report" - Note # 18.)
FINANCIAL INFORMATION
TABLE 13 - GENERAL FUND REVENUES AND EXPENDITURE HISTORY
Fiscal Years Ended September 30,
2000o) 1999 1998 1997 1996
Revenues:
Taxes, Penalties and Interest $ 16,363,893 $ 14,055,946
Charges for Services 3,375, 102 2,682,841
Licenses and Permits 2,261,809 1,622,557
Intergovernmental 83,944 299,883
Interest 758,750 506,333
Fine and Forfeitures 1,028,497 732,263
Conlxibutions - -
Miscellaneous 283,733 250,272
TotalRevenues $ 24,155,728 $ 20,150,095
Expenditures:
General Government $ 4,108,186 $ 3,620,756
Public SafeW 9,319, 131 7,919,724
Public Works 2,855,003 2,538,584
Cultural and Recreational 3, 142, 114 1,984,858
Capital Outlay 2,624,532 1,778,389
Debt Service 440,304 115,896
Total Expenditures $ 22,489,270 $ 17,958,207
Capital Leases and
Bonds Payable $ 1,200,358 $ 47,501
Operating Transfers - Net (711,026) (220, 198)
Total Other Sources (Uses) $ 489,332 $ (172,697)
Exetss (Deficiency) of
Revenues Over
Expenditures and
Other Sotwets (Uses) $ 2,155,790 $ 2,019,191
Beginning Fund Balanet 8,559,406 6,540,215
$ 12,279,678 $
2,418,901
2,141,409
162,111
453,729
555,587
249,855
$ 18,261,270 $
10,795,915
2,145,910
1,365,335
115,267
348,450
471,272
213,081
15,455,230
$ 3,373,543 $
7,025,384
2,213,584
1,650,470
1,841,171
51,192
$ 16,155,344 $
2,945,948
6,046,898
2,106,842
1,652,918
1,228,454
13,981,060
$ 286,477 $
(952,000)
$ (665,523) $
(69,254)
(69,254)
$ 1,440,403
5,099,812
$ 1,404,916
3,694,896
Ending Fund Balance $ 10,715,196 $ 8,559,406 $ 6,540,215 $ 5,099,812 $
(1) Unaudited.
9,318,186
1,873,102
1,456,004
59,600
249,865
319,862
141,809
13,418,428
2,655,876
5,297,477
2,010,901
1,325,681
536,878
11,826,813
(182,562)
(182,562)
1,409,053
2,285,843
3,694,896
TABLE 14 - MUNICIPAL SALES TkX HISTORY
The City has adopted the Municipal Sales and Use Tax Act, VATCS, Tax Code, Chapter 321, which grants the City the power to
impose and levy a 1% Local Sales and Use Tax within the City; the proceeds an crexiited to the General Fund and are not pledged to
the payment of the Certificates. Collections and enforcements are effected through the offices of the Comptroller of Public Accounts,
State of Texas, who remits the proceeds of the tax, after deduction of a 2% service fee, to the City monthly. On May 4, 1996, the
voters of the City approved the imposition of an additional sales and use tax of one-half of one percent (I/2% of 1%) for recreational
facilities. Collection for the additional tax went into effect on October !, 1996.
Fiscal
Year
Ended
9/30
1997
1998
1999
2000
2001
Equivalent
% of of
Total Ad Valorem Ad Valorem Per
Collected 1% Sales Tax 1/2% Sales Tax Tax Levy Tax Rate Capita
$ 2,870,720 $ 1,970,218 $ 900,502 25.34% $ 0.1695 $ 104.39
3,348,752 2,226,052 1,122,700 25.16% 0.1683 115.47
4,023,912 2,676,966 1,346,946 27.97% 0.1814 121.75
4,932,202 ct) 3,284,087 (~) 1,648,115 (t) 29.38% 0.1906 141.32
513,608 (2} 346,364 (2) 167,244 (2) 2.69% 0.0175 14.35
(1) Unaudited
(2) Partial collections through November 30, 2000.
FINANCIAL POLICIES
Basis of,4ccounting...The City's accounting records of the governmental fund revenues and expenditures are recognized on the
modified accrual basis. Revenues are recognized in the accounting period in which they are available and measurable.
Expenditures are recognized in the accounting period in which the fund liability occurred, if measurable, except for unmatured
interest on general long-term debt.
Proprietary Fund revenues and expenses are recognized on the full accrual basis. Revenues are recognized in the accounting
period in which they are earned and become measurable. Expenses are recognized in the accounting period in which they are
incurred.
Fund Balances...It is the City's policy regarding the General Fund and Enterprise Funds that working capital resources should
be maintained at 10% of the Fund's operating expenditure budget by Council recommendation. The City Charter requires a
minimum of 10% of openting expenditures be maintained.
Debt Service Fund Balance... The City maintains its various debt service funds in accordance with the covenants of the bond
ordinance.
Use of Bond Proceeds...The City's policy is to use bond proceeds for capital expenditures only. Such revenues are never to be
used to fund normal City operations.
Budgetary Procedures.. .The City Charter establishes the fiscal year as the twelve-month period beginning each October 1.
Each year by August 5, the City Manager, a_fter review, submits a budget of estimated revenues and expenditures to the City
Council. Subsequently, the City Council will hold work sessions to discuss and amend the budget to coincide with their
direction of the City. Various public hearings may be held to comply with state and local statutes. The City Council will adopt a
budget prior to September 30. If the Council fails to adopt a budget the mount appropriated for operations for the current fiscal
year shall be deemed adopted for the ensuing fiscal year on a month to month basis with all items in it pro-rated accordingly
until such time as the City Council adopts a budget for the ensuing fiscal year.
During the fiscal year, budgetary control is maintained by the monthly review of departmental appropriation balances. Actual
operations are compared to the amounts set forth in the budget. Departmental appropriations that have not been expended lapse
at the end of the fiscal year. Therefore, funds that were budgeted and not used by the departments during the fiscal year are not
available for their use unless appropriated in the ensuing fiscal year's budget.
22
INVESTMENTS
The City of Coppell invests its investable funds in investments authorized by Texas law in accordance with investment policies
approved by the City Council of the City of Coppell. Both state law and the City's investment policies arc subject to change.
LEGAL INVESTMENTS... Under Texas law, the City is authorized to invest in (1) obligations of the United States or its agencies and
instrumentalities, (2) direct obligations of the State of Texas or its agencies and instrumcntalitics, (3) collateralized mortgage
obligations direc~y issued by a federal agcncy or instrumcnlality of the United States, the undcrlying security for which is guaranteed
by an agency or instrumentality of the United States, (4) other obligations, the principal of and interest on which are unconditionally
guaranteed or insured by, or backed by the full faith and credit of, the State of Texas or the United States or their respective agencies
and instrumentaiities, (S) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to
investment quality by a nationally recognized investment rating firm not less than A or its equivalent, (6) certificates of deposit that
arc guaranteed or insured by the Federal Deposit Insurance Corporation or are secured as to principal by obligations described in the
preceding clauses or in any other manner and mount provided by law for City deposits, (7) certificates of deposit and share
certificates issued by a state or federal credit union domiciled in the State of Texas that are guaranteed or insured by the Federal
Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, or are secured as to principal by obligations
described in the clauses (1) through (S) or in any other manner and mount provided by law for City deposits, (8) fully collateralized
repurchase agreements that have a defined termination date, are fully secured by obligations described in clause (1), and are placed
through a primary government securities dealer or a financial institution doing business in the State of Texas, (9) bankers'
acceptances with the remaining term of 270 days or less, if the short-term obligations of the accepting bank or its parent are rated at
least A-1 or P-I or the equivalent by at least one nationally recognized credit rating agency, (10) commercial papor that is rated at
least A-1 or P-1 or the equivalent by either (a) two nationally recognized credit rating agencies or (b) one nationally recognized credit
rating agency if the paper is fully secured by an irrevocable letter of credit issued by a U.S. or state bank, (11) no-load money market
mutual funds regulated by the Securities and Exchange Commission that have a dollar weighted average portfolio maturity of 90
days or less and include in their investment objectives the maintenance of a stable net asset value orS1 for each share, (12) no-load
mutual funds registered with the Securities and Exchange Commission that: have an average weighted maturity of less than two
years; invests exclusively in obligations described in the preceding clauses; and are continuously rated as to invcsttnent quality by at
least one nationally recognized investment rating firm of not less than AAA or its equivalent, (13) bonds issued, assumed, or
guaranteed by the State of Israel, and (14) guaranteed inveslxncnt contracts secured by obligations of the United States of
America or its agencies and instrumentalitics, other than the prohibited obligations described in the next succeeding paragraph.
The City may invest in such obligations directly or through government investment pools that invest solely in such obligations
provided that the pools are rated no lower than AAA or AAAm or an equivalent by at least one nationally recognized rating service.
The City is specifically prohibited from investing in: (1) obligations whose payment represents the coupon payments on the
outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose
payment represents the principal stream of cash flow from the underlying mortgage-backed security and bears no interest; (3)
collateralized mortgage obligations that have a stated final maturity of greater than 10 years; and (4) collateralized mortgage
obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index.
INVESTMENT POLICIES... Under Texas law, the City is required to invest its funds under written investment policies that primarily
emphasize safety of principal and liquidity; that address investment diversification, yield, maturity, and the quality and capability of
investment roanagement4 and that includes a list of authorized investments for City funds, maximum allowable stated maturity of any
individual investment and the maximum average dollar-weighted maturity allowed for pooled fund groups. All City funds must be
invested consistent with a formally adopted "Investment Strategy Statement" that specifically addresses each funds' investment
Each Investment Strategy Statement will describe its objectives concerning: (1) suitability of investment type, (2) preservation and
safety of principal, (3) liquidity, (4) marketability of each investment, (5) diversification of the portfolio, and (6) yield.
Under Texas law, City investments must be made "with judgment and care, under prevailing circumstances, that a person of
prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for
investment, considering the probable safety of capital and the probable income to be derived." At least quarterly the investment
officers of the City shall submit an investment report detailing: (1) the investment position of the City, (2) that all investment officen
jointly prepared and signed the report, (3) the beginning market value, any additions and changes to market value and the ending
value of each pooled fund group, (4) the book value and market value of each separately listed asset at the beginning and end of the
reporting period, (5) the maturity d~-; of each separately invested asset, (6) the account or fund or pooled fund group for which each
individual investment was acquired, and (7) the compliance of the investment portfolio as it relates to: (a) adopted investment
strategy statements and (b) state law. No person may invest City funds without express written authority from the City Council.
ADDmONAL PROVISIONS ... Under Texas law the City is additionally required to: (1) annually review its adopted policies and
strategies; (2) require any investment officers' with personal business relationships or relatives with finns seeking to sell securities
the entity to disclose the relationship and file a statement with the Texas Ethics Commission and the City Council; (3) require the
authorized representative of firms seeking to sell securities to the City to: (a) receive and review the City's investment policy, Co)
acknowledge that reasonable controls and procedures have been implemented to preclude imprudent investment activities, and
23
deliver a written statement attesting to these requirements; (4) perfurm an annual audit of the management conu'ols on investments
and adherence to the City's invesUnent policy; (5) provide specific investment training for the Treasurer, Chief Financial Officer and
investment officers; (6) restrict reverse repurchase agreements to not more than 90 days and restrict the investment of reverse
repurchase agreement funds to no greater than the term of the reverse repurchase agreement; (7) restrict its investment in mutual
funds in the aggregate to no more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves
and other funds held for debt service, and to invest no portion of bond proceeds, reserves and funds held for debt service, in
mutual funds; and (8) require local government investment pools to conform to the new disclosure, rating, net asset value, yield
calculation, and advisory board requirements.
TABLE 15 - CURRENT INVESTMENTS
As of October 31, 2000, the City's investable funds were invested in the following categories:
Type of Investment
% of
Description Portfolio Purchase Price Market Value
TexPool 9.98% $ 5,182,239.74 $ 5,182,239.74
Sallic Mac Notes 5.78% 3,001,969.33 3,062,808.00
Federal Home Loan Notes 12.71% 6,599,500.85 6,673,743.30
Fannie Man Notes 46.84% 24,316,364.37 24,591,000.40
Freddie Mac Notes 24.68% 12,815,014.15 13,000,990.80
100.00% $ 51,915,088.44 $ 52,510,782.24
TexPool is a local government investment pool under the control of the Texas Comptroller of Public Accounts. The Comptroller
has engaged Chase Bank of Texas, and its affiliates, to provide investment management and fund accounting services for
TexPool. First Southwest Asset Management, Inc., an affiliate of First Southwest Company, provides customer service and
marketing for the pool. TexPool currently maintains a AAAm rating from Standard & Poor's. The poors investment objectives
include achieving a stable net asset value of $1.00 per share. Dally investment or redemption of funds is allowed by the
participants.
24
TAX MATTERS
OPINION.. . On the date of initial delivery of the Certificates, McCall, Parkhunt & Herton L.L.P., Dallas, Texas, Bond Counsel,
will render their opinion that, in accordance with statutes, regulations, published rulings and court decisions existing on the date
thereof, (!) interest on the Certificates will bc cxcludable from the "gross income" of the holdcrs thereof and (2) the Certificates
will not bc treated as "specified private activity bonds" the interest on which would be included as an altcrnativc minimum tax
preference item under section 57(a)(5) of the Internal Revenue Code of 1986 (the "Code"). Except as stated above, Bond
Counsel will express no opinion as to any other federal, state or local tax consequences of the purchase, ownership or disposition
of the Certificates. See Appendix C - Form of Bond Counsel's Opinion.
In rendering their opinion, Bond Counsel will rely upon (a) the City's federal tax certificate and (b) covenants of the City with
respect to arbitrage, thc application of the proceeds to bc received from thc issuance and sale ofthc Certificates and certain othcr
matters. Failure of the City to comply with these representations or covenants could cause the interest on the Certificates to
bccomc includable in gross income retroactivcly to the date of issuancc of the Certificates.
The law upon which Bond Counsel have based their opinion is subject to change by the Congress and to subsequent judicial and
administrative interpretation by the courts and the Department of the Treasury. There can be no assurance that such law or the
interpretation thereof will not be changed in a manner which would adversely affect the tax treatment of the purchase, ownership
or disposition of the Certificates.
FEDERAL INCOME TAX ACCOUNTING TREATMENT OF ORIGINAL ISSUE DISCOUNT... The initial public offering price to be paid
for one or more maturities of the Certificates (the "Original Issue Discount Certificates") may be less than the principal amount
thereof. In such event, the difference between (i) the amount payable at the maturity of each Original Issue Discount Certificate,
and (ii) the initial offering price to the public of such Original Issue Discount Certificate would constitute original issue discount
with respect to such Original Issue Discount Certificate in the hands of any owner who has purchased such Original Issue
Discount Certificate in the initial public offering of the Certificates. Under existing law, such initial owner is entitled to exclude
from gross income (as defined in Section 61 of the Code) an amount of income with respect to such Original Issue Discount
Certificate equal to that portion of the amount of such original issue discount allocable to the period that such Original Issue
Discount Certificate continues to be owned by such owner. For a discussion of certain collateral federal tax consequences, see
discussion set forth below.
In the event of the redemption, sale or other taxable disposition of such Original Issue Discount Certificate prior to stated
maturity, however, the amount realized by such owner in excess of the basis of such Original Issue Discount Certificate in the
hands of such owner (adjusted upward by the portion of the original issue discount allocable to the period for which such
Original Issue Discount Certificate was held by such initial owner) is includable in gross income.
Under existing law, the original issue discount on each Original Issue Discount Certificate is accrued daily to the stated maturity
thereof (in amounts calculated as described below for each six-month period ending on the date before the semiannual
anniversary dates of the date of the Certificates and ratably within each such six-month period) and the accrued amount is added
to an initial owner's basis for such Original Issue Discount Certificate for purposes of determining the amount of gain or loss
recognized by such owner upon the redemption, sale or other disposition thereof. The amount to be added to basis for each
acerual period is equal to (a) the sum of the issue price and the amount of original issue discount accrued in prior periods
multiplied by the yield to stated maturity (determined on the basis of compounding at the close of each accrual period and
properly adjusted for the length of the accrual period) less (b) the amounts payable as current interest during such accrual period
on such Certificate.
The federal income tax ~:onsequences of the purchase, ownership, redemption, sale or other disposition of Original Issue
Discount Certificates which are not purchased in the initial offering at the initial offering price may be determined according to
rules which differ from those described above. All owners of Original Issue Discount Certificates should consult their own tax
advisors with respect to the determination for federal, state and local income tax purposes of the treatment of interest accrued
upon redemption, sale or other disposition of such Original Issue Discount Certificates and with respect to the federal, state, local
and foreign tax consequences of the purchase, ownership, redemption, sale or other disposition of such Original Issue Discount
Certificates.
COLLATERAL FEDERAL INCOME TAX CONSEQUENCES... The following discussion is a summary of certain collateral fedcral
income tax consequences resulting from the purchase, ownership or disposition of the Certificates. This discussion is based on
existing statutes, regulations, published rulings and court decisions, all of which are subject to change or modification,
retroactively.
The following discussion is applicable to investors, other than those who are subject to special provisions of the Code, such as
financial institutions, property and casualty insurance companies, life insurance companies, individual recipients of Social
Security or Railroad Retirement benefits, individuals allowed earned income credit, owners of an interest in a FASIT, certain S
corporations with Subchapter C earnings and profits and taxpayers who may be deemed to have incurred or continued
indebtedness to purchase m-exempt obligations.
25
INVESTORS, INCLUDING THOSE WHO ARE SUBJECT TO SPECIAL PROVISIONS OF THE CODE, SHOULD
CONSULT THEIR OWN TAX ADVISORS AS TO THE TAX TREATMENT WHICH MAY BE ANTICIPATED TO
RESULT FROM THE PURCHASE, OWNERSHIP AND DISPOSITION OF TAX-EXEMPT OBLIGATIONS BEFORE
DETERMINING WHETHER TO PURCHASE THE CERTIFICATES.
Interest on the Certificates will be includable as an adjustment for "adjusted current earnings" to calculate the alternative
minimum tax imposed on corporations by section 5:5 of the Code. Section 55 of the Code imposes a tax equal to 20 percent for
corporations, or 26 percent for non corporate taxpayers (28 percent for taxable excess exceeding $1 75,000), of the taxpayer's
'alternative minimum taxable income," if the mount of such alternative minimum tax is greater than the taxpayer's regular
income tax for the taxable year.
Interest on the Certificates may be subject to the "branch profits tax" imposed by section 884 of the Code on the effectively-
connected earnings and profits of a foreign corporation doing business in the United States.
Under section 6012 of the Code, holders of tax-exempt obligations, such as the Certificates, may be required to disclose interest
received or accrued during eseh taxable year on their returns of federal income taxation.
Section 1276 of the Code provides for ordinary income tax Weatment of gain recognized upon the disposition of a m-exempt
obligation, such as the Certificates, if such obligation was acquired at a "market discount" and if the ~ixed maturity of such
obligation is equal to or exceeds, one year from the date of issue. Such treatment applies to "market discount bonds" to the
extent such gain does not exceed the accrued market discount of such bonds, although for this purpose, a de minimis mount of
market discount is ignored. A "market discount bond" is one which is acquired by the holder at a purchase price which is less
than the stated redemption price or, in the ease of a bond issued at an original issue discount, the "revised issue price" (i.e., the
issue price plus seerued original issue discount). The "accrued market discount" is the mount which bears the same ratio to the
market discount as the number of days during which the holder holds the obligation bears to the number of days between the
acquisition date and the final maturity date.
STATE, LOCAL AND FOREIGN TAXX, S... Investors should consult their own tax advisors concerning the tax implications of the
purchase, ownership or disposition of the Certificates under applicable state or local laws. Foreign investors should also consult
their own tax advisors regarding the tax consequences unique to investors who are not United States persons.
26
OTHER INFORMATION
RATINGS
The presently outstanding tax supported debt of the City is rated "AI" by Moody's and "A+" by S&P. The City also has issues
outstanding which are rated "Aaa" by Moody's and "AAA" by S&P through insurance by various commercial insurance
companies. Applications for contract ratings on this issue have been made to Moody's and S&P. An explanation of the
significance of such ratings may be obtained from the company furnishing the rating. The ratings reflect only the respective
views of such organizations and the City makes no representation as to the appropriateness of the ratings. There is no assurance
that such ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely by
either of such rating companies, if in the judgment of either or both companies, circumstances so warrant. Any such downward
revision or withdrawal of such ratings, may have an adverse effect on the market price of the Certificates.
LITIGATION
It is the opinion of the City Attorney and City Staff that there is no pending litigation against the City that would have a material
adverse financial impact upon the City or its operations.
REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE
The sale of the Certificates has not been registered under the Federal Securities Act of 1933, as amended, in reliance upon the
exemption provided thereunder by Section 3(aX2); and the Certificates have not been qualified under the Securities Act of Texas
in reliance upon various exemptions contained therein; nor have the Certificates been qualified under the securities acts of any
jurisdiction. The City assumes no responsibility for qualification of the Certificates under the securities laws of any jurisdiction
in which the Certificates may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of
responsibility for qualification for sale or other disposition of the Certificates shall not be construed as an interpretation of any
kind with regard to the availability of any exemption from securities registration provisions.
LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS
Section 1201.041 of the Public Security Procedures Act (Chapter 1201, Texas Govemment Code) provides that the Certificates
are negotiable instruments governed by Chapter 8, Texas Business and Commene Code, and are legal and authorized
investments for insurance companies, fiduciaries, and trustees, and for the sinking funds of municipalities or other political
subdivisions or public agencies of the State of Texas. With respect to invesUnent in the Certificates by municipalities or other
political subdivisions or public agencies of the State of Texas, the Public Funds Investment Act, Chapter 2256, Texas
Government Code, requires that the Certificates be assigned a rating of "A" or its equivalent as to investment quality by a
national rating agency. See "OTHER INFORMATION - Ratings" herein. In addition, various provisions of the Texas Finance
Code provide that, subject to a prudent investor standard, the Certificates are legal investments for state banks, savings banks,
trust companies with at capital of one million dollars or more, and savings and loan associations. The Certificates are eligible to
secure deposits of any public funds of the State, its agencies, and its politieai subdivisions, and are legal security for those
deposits to the extent of their market value. No review by the City has been made of the laws in other states to determine
whether the Certificates are legal investments for various institutions in those states.
LEGAL OPINIONS AND NO-LITIGATION CERTIFICATE
The City will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Certificates,
including the unqualified approving legal opinion of the Attorney General of Texas approving the Initial Certificate and to the
effect that the Certificates are valid and legally binding obligations of the City, and based upon examination of such transcript of
proceedings, the appwving legal opinion of Bond Counsel, to like effect and to the effect that the interest on the Certificates will
be exeludable from gross income for federal income tax purposes under Section 103(a) of the Code, subject to the matters
described under "Tax Matters" herein, including the alternative minimum tax on corporations. The customary closing papers,
including a certificate to the effect that no litigation of any nature has been filed or is then pending to restrain the issuance and
delivery of the Certificates, or which would affect the provision made for their payment or security, or in any manner
questioning the validity of said Certificates will also be furnished. Bond Counsel was not requested to participate, and did not
take part, in the preparation of the Notice of Sale and Bidding Instructions, the Official Bid Form and the Offieiai Statement, and
such firm has not assumed any responsibility with respect thereto or undertaken independently to verify any of the information
contained therein, except that, in its capacity as Bond Counsel, such firm has reviewed the information describing the
Certificates in the Official Statement to verify that such description conforms to the provisions of the Ordinance. The legal fee
to be paid Bond Counsel for services rendered in connection with the issuance of the Certificates is contingent on the sale and
delivery of the Certificates. The legal opinion will accompany the Certificates deposited with DTC or will be printed on the
Certificates in the event of the discontinuance of the Book-Entry-Only System.
27
AUTHENTICITY OF FINANCIAL DATA AND OTHER INFORMATION
The financial data and other information contained herein have been obtained from City records, audited financial statements and
other sources which are believed to be reliable. There is no guarantee that any of the assumptions or estimates contained herein
will bc realized. All of the summaries of the statutes, documents and resolutions contained in this Official Statement are made
subject to all of the provisions of such statutes, documents and resolutions. These summaries do not purport to be complete
statements of such provisions and reference is made to such documents for further information. Reference is made to original
documents in all respects.
CONTINUING DISCLOSURE OF INFORMATION
In the Ordinance, the City has made the following agreement for the benefit of the holders and beneficial owners of the
Certificates. The City is required to observe the agreement for so long as it remains obligated to advance funds to pay the
Certificates. Under the agreement, the City will be obligated to provide certain updated financial information and operating data
annually, and timely notice of specified material events, to certain information vendors. This information will be available to
securities brokers and others who subscribe to receive the information from the vendors.
ANNUAL REPORTS . .. The City will provide certain updated financial information and operating data to certain information
vendors annually. The information to be updated includes all quantitative financial information and operating data with respect
to the City of the general type included in this Official Statement under Tables numbered one through six and eight through
fifteen and in Appendix B. The City will update and provide this information within six months after the end of each fiscal year
ending in or after 2001. The City will provide the updated information to each nationally recognized municipal securities
information repository CNRMS1R'') and to any state information depository ("SID") that is designated by the State of Texas and
approved by the State of Texas and approved by the staff of the United States Securities and Exchange Commission (the "SEC").
The City may provide updated information in full text or may incorporate by reference certain other publicly available
documents, as permiRed by SEC Rule 15c2-12. The updated information will include audited financial statements, if the City
commissions an audit and it is completed by the required time. If audited financial statements are not available by the required
time, the City will provide unaudited financial statements by the required time and audited financial statements when and if such
audited financial statements become available. Any such financial statements will be prepared in accordance with the accounting
principles described in Appendix B or such other accounting principles as the City may be required to employ from time to time
pursuant to state law or regulation.
The City's current fiscal year end is September 30. The City must provide updated information by January 31 in each year,
unless the City changes its fiscal year. If the City changes its fiscal year, it will notify each NRMSIR and the SID of the change
The Municipal Advisory Council of Texas has been designated by the State of Texas and approvcd by the SEC staff as a
qualified SID. The address of the Municipal Advisory Council is 600 West 8th Street, P. O. Box 2177, Austin, Texas 78768-
2177, and its telephone number is 512/476-6947.
MATERIAL EVENT NOTICES... The City will also provide timely notices of certain events to certain information vendors. The
City will provide notice of any of the following events with respect to the Certificates, if such event is material to a decision to
purchase or sell Certificates: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled
draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial
difficulties; (5) substitution of credit or liquidity proriders, or their failure to perform; (6) adverse tax opinions or events
affecting the tax-exempt status of the Certificates; (7) modifications to rights of holders of the Certificates; (8) Certificate calls;
(9) defeasances; (10) release, substitution, or sale of property securing repayment of the Certificates; and (11) rating changes.
(Neither the Certificates nor the Ordinance make any provision for debt service reserves, credit enhancement, or liquidity
enhancement. In addition, the City will provide timely notice of any failure by the City to provide information, data, or financial
statements in accordance with its agreement described above under "Annual Reports." The City will provide each notice
described in this paragraph to the SID and to either each NRMSIR or the Municipal Securities Rulemaking Board ("MSRB").
AVAILABILITY OF INFORMATION FROM NRMSIRS AND SID... The City has agreed to provide the foregoing information only
to NRMSIRs and the SIT). The information will be available to holders of Certificates only if the holders comply with the
procedures and pay the charges established by such information vendors or obtain the information through securities brokers
who do so.
LIMITATIONS AND AMENDMENTS... The City has agreed to update information and to provide notices of material events only as
described above. The City ha5 not agreed to provide other information that may be relevant or material to a complete
presentation of its financial results of operations, condition, or prospects or agreed to update any information that is provided,
except as described above. The City makes no representation or warranty concerning such information or concerning its
usefulness to a decision to invest in or sell ~Certificates at any future date. The City disclaims any contractual or tor~ liability for
damages resulting in whole or in part from any breach of its continuing disclosure agreement or from any statement made
28
pursuant to its agreement, although ho[ders of Certificates may seek a writ of mandamus to compel the City to comply with its
agreement.
The City may amend its continuing disclosure agreement from time to time to adapt to changed circumstances that arise from a
change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, if (i)
the agreement, as amended, would have permitted an underwriter to purchase or sell Certificates in the offering described herein
in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment,
as well as such changed circumstances, and (ii) either (a) the holders of a majority in aggregate principal amount of the
outstanding Certificates consent to the amendment or (b) any person unaffiliated with the City (such as nationally recognized
bond counsel) determines that the amendment will not materially impair the interests of the holders and beneficial owners of the
Certificates. The City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or
repeals the applicable provisions of the SEC Rule 15c2-12 or a court of final jurisdiction enters judgment that such provisions of
the SEC Rule 15c2-12 arc invalid, but only if and to the extent that the provisions of ~is sentence would not prevent an
underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates.
COMPLIANCE WITH PRIOR UNDERTAKINGS... The City has complied in all material respects with all continuing disclosure
agreements made by it in accordance with SEC Rule 15c2-12.
FINANCIAL ADVISOR
First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the Certificates. The
Financial Advisor's fee for services rendered with respect to the sale of the Certificates is. contingent upon the issuance and
delivery of the Certificates. First Southwest Company may submit a bid for the Certificates, either independently or as a
member of a syndicate organized to submit a bid for the Certificates. First Southwest Company, in its capacity as Financial
Advisor, has relied on the opinion of Bond Counsel and has not verified and does not assume any responsibility for the
information, covenants and representations contained in any of the legal documents with respect to the federal income tax status
of the Certificates, or the possible impact of any present, pending or future actions taken by any legislative or judicial bodies. In
the normal course of business, the Financial Advisor may from time to time sell investment securities to the City for the
investment of bond proceeds or other funds of the City upon the request of the City.
CERTIFICATION OF THE OFFICIAL STATEMENT
At the time of payment for and delivery of the Certificates, the City will furnish a certificate, executed by proper officers, acting
in their official capacity, to the effect that to the best of their knowledge and belief: (a) the descriptions and statements of or
pertaining to the City contained in its Official Statement, and any addenda, supplement or amendment thereto, on the date of
such Official Statement, on the date of sale of said Certificates and the acceptance of the best bid therefor, and on the date of the
delivery, were and are true and correct in all material respects; Co) insofar as the City and its affairs, including its financial
affairs, arc concerned, such Official Statement did not and does not contain an untrue statement of a material fact or omit to state
a material fact required to be stated therein or necessary to make the statements therein, in the light of the circun~stances under
which they were made, not misleading; (c) insofar as the descriptions and statements, including financial data, of or pertaining to
entities, other than the City, and their activities contained in such Official Statement are concerned, such statements and data
have been obtained from sources which the City believes to be reliable and the City has no reason to believe that they are untrue
in any material respect; and (d) there has been no material adverse change in the financial condition of the City since the date of
the last audited financial statements of the City.
The Ordinance authorizing the issuance of the Certificates will also approve the form and content of this Official Statement, and
any addenda, supplement or amendment thereto, and authorize its further use in the reoffering of the Certificates by the
Purchaser.
ATTEST:
Mayor
City of Coppell, Texas
City Secretary
City of Coppell, Texas
29
APPENDIX A
GENERAL INFORMATION REGAKDING THE CITY
THv. Crrv
LOCATION .... The City of Coppell is located in the extreme northwest comer of Dallas County with a portion extending into
Denton County. It is approximately 18 miles from downtown Dallas, 24 miles from Fort Worth, and 20 miles from Denton.
POPULATION .... The City of Coppell has experienced a steady growth in population since the 1950's. The City was incorporated
during the 1950's with a population of 666. The 1980 U.S. Census showed a population of 3,826, with the 1990 U.S. Census figure
reporting a population of 16,983. The population at present is estimated to be 35,800. Coppell is located near the Dallas/Fort Worth
International Airport, a major international air transportation center providing more than 30,000 jobs for the surrounding area. The
City's substantial growth can be attributed to its close proximity to the Dallas-Fort Worth Metropolitan Area. The City's master plan
addresses the needs of Coppoll, providing a healthy balance for future economic growth and quality of life by reserving the City's
14.71 square miles equally for homes, parks and businesses.
INDUSTRY... The City has a large industrial area with rail service and adequate water storage available to meet fire protection and
other demands. While not being financially dependent on any one industry or type of industry, the City recognizes the value of
industry to its economic base and continues to seek new industries which will be beneficial to the community. The City has created
an economic development partnership which assists in reviewing various matters relating to industrial development including the
issuance of industrial development bonds.
.Among the major employers in the City are the following:
Name of Firm
U.S. Postal Service
Coppell ISD
Verizon/GTE
IBM
Minyards Food Store, Inc.
Lucent Technologies
The Associates
City of Coppell
Mannatech, Inc.
U. S. Postal Service
Square D
Fritz Companies
Rediforrn
Simmons Co.
Americom
Verizon/GTE Supply
Miller-Feeman, Inc.
Nutone, Inc.
Tom Thumb
Olsten Health Services
Haverty Furniture Companies
Kroger Food Store
Albertsons
Briggs & Weaver
Lone Star Plywood & Door
Approximate
Number of
Type of Business Employees
Mail Processing/Distribution Center 1,800
Education 1,212
HR & Commercial Real Estate Offices of Telephone Co. 900
Call Center 800
Grocery Distribution 656
Communication 425
Financial Services 400
City Services 339
Network Marketing of Neutraceuticals 250
Priority Mail Processing Center 250
Electrical Distributor of Switchboards 240
Logisties Firm 200
Business Forms Manufacturer 200
Mattress Manufacturer 200
Repair/Refurbishment of Cellular Phones 170
Electrical Repair, Logistics, Commerical Sales 160
Trade Show Exhibits &Publisher of Trade Magazines 150
Rangehoods Manufacturer 150
Grocery Store 135
Health Services 130
Furniture Retail/Distribution 120
Grocery Store 120
Grocery Store 118
Industiral Distribution 115
Custom Millwork Distributor 110
Major real estate development is currently underway in Coppell. Included is the creation of planned residential, commen:ial,
industrial and office spac~ from land owncA by Cutellus Corporation, Duke-Weeks Realty Corporation, Lincoln Property
Corporation, and Pren~ss Properties. Numerous industrial and retail developments have recen~y moved into the City, including
Advanced Graphics Products, IAAM Headquarters, Trilllure Corporation, PSINet, Airborne Express, Time Logistics, Lain Lee
Group, and Olsten Health Services.
A-1
The United States Postal Service completed construction on the North Texas Mail Processing Center in October, 1990. The facility
is located on 74 acres of land and includes over 660,000 square feet of space. This high-tech, state of the art facility handles 50°/~ of
all Dallas mail originations, all second class mall in Dallas, and all suburban destination mall.
SERVICES... The City is served by five banks, Comerica Bank, Frost, Bank of America, Bank United and BankOne, with combined
deposits as of September 30, 2000 of $19 ! ,321,354.
Electrical, gas, telephone and cable television services are provided by privately owned utility companies. These companies are
Texas Utilities Electric & Gas, Ve~zon/GTE Telephone, and Paragon Cable, Inc.
Coppell has excellent recreation facilities. Its close proximity to three lakes-Grapevine Lake, North Lake, and Lake Lewisville-
provides facilities for fishing boating and picnicking. Sandy Lake Amusement Park is located nearby offering swimming, horseback
riding and amusement rides. Eight developed public parks are located in the City. The City's Aquatics & Recreation Center opened
Summer 2000, offering residents both indoor and outdoor pools, exercise facilities, multi-purpose court and meeting rooms.
TRANSPORTATION... The City has easy access to Interstate Highway 635, State Highway 121 and Interstate Highway 35 North.
The City is served by all carriers common to Dallas and Fort Worth. Railroad freight service is provided by St. Louis, Southwestern,
Missouri, Kansas and Topeka, Cotton Belt, Frisco, and Rock Island lines. The City is located only four miles north of Dallas/Fort
Worth International Airport.
EDUCATION... The City has fourteen schools, one high school, three middle schools, and ten elementary schools. Enrollment for
2000/2001 school year was 9,261 with a pupil-teacher ratio of one teacher to fiReen students.
Colleges within close proximity to the City are Northlake College, Southern Methodist University, University of Dallas, University
of North Texas, Texas Woman's University, University ofTeras at Arlington and Texas Christian University.
A-2
CONSTRUC'nOt~... The following table illustrates residential projects currently underway in the City.
Total Total
Number Years to Projected
Development of Units Bui Idout Population
Archon Apartments 600 2 1,200
Bethel Road Estates 2 I 7
Carter Addition, Phase II 5 2 i 7
Castlebury Court i 9 2 67
Coppell Greens 319 3 1,116
Deer Run 56 3 168
Forest Cove Estates 88 2 308
Fountain Park, Phase II 8 2 28
Georgian Place 35 3 122
Hollows at Northlake Woodlands, The 71 4 248
Magnolia Park 114 3 399
Peterson Addition 2 I 7
Reserve, The 23 2 8 !
Shadydale Acres 13 2 46
Stoneleigh Phase II Apartments 322 1 644
Stratford Manor 31 3 108
Summit at the Springs 68 1 238
Townhomes of Coppell 92 2 322
Village of Coppell llI B 55 I 192
Vistas of Coppell, Phase 2A, 1A, IB, 3 302 2 1,058
Waters Edge, Phase rl 20 I 70
Westbury Manor 35 2 140
Windsor Estates 27 3 108
A-3
Commercial and Industrial Development Platted for Construction
Number of
Development Acres Use
Coppeil Industrial Addition 30.4 Industrial/Office
Coppell Commerce Center ! 93 Industrial/Office
Coppell Crossings 3.2 Retail
Creekview II 2.0 Office
DFW Trade Center Bldgs "G" & "H" 29.2 lndustriaYOffice
Duke-Freeport 141.7 Industrial/Office
Freeport North Tech Center 12.1 industrial/Office
Freeport North Addition 24.2 Industrial/Office
Hooptown 27.3 Commercial
Lakeview Center 14.8 Industrial/Office
Magnolia Village 2.2 Retail
Northlake 635 Business Park 10.9 Industrial/Office
Northlake Center 4.6 Commercial/Industrial
Park West Commerce Center 16.8 Industrial/Office
Presbyterian Medical Center 14.9 Medical Offices/Ambulatory Care
Shetrill Acres 4.5 Office
Smart Start School 1.7 Institutional
Town Center Addition 2.1 Retail
Town Center Business Park 1.3 Office
Verizon GTE Shared Services Center 23.4 Office
Valley Ranch Plaza 0.8 Commercial
BUILDING PERMITS
Fiscal
Year
Ended
9/30
1996
1997
1998
1999
2000
Commercial Residential
Number Amount Number Amount Grand Total
75 65,437,339 495 110,224,775 175,662,114
71 44,188,968 430 108,243,559 152,432,527
71 100,941,774 646 129,956,362 230,898,136
123 88,716,770 376 79,044,024 167,760,794
104 147,609,060 338 76,315,848 223,924,908
Source: City of Coppe!l, Texas
PERSONAL InCOMt ANn Btn~C POWER...The following was taken from the 2000 Publication of gales Management Survey for
Dallas County.
Total Effective Buying Income
Total Retail Sales
Effective Buying Income per Household:
Dallas County
State Average
$ 45,190,974,000
34,855,146,000
42,907
35,942
A-4
APPENDIX B
EXCERPTS FROM THE
CITY OF COPPELL, TEXAS
ANNUAL FINANCIAL REPORT
Forthe Year Ended September 30, 1999
The information contained in this Appendix consists of excerpts from the City of Coppell,
Texas Annual Financial Report for the Year Ended September 30, 1999, and is not intended
to be a complete statement of the City's financial condition. Refe, rfi~ce is made to the
complete Report for further information.
APPENDIX C
FORM OF BOND COUNSEL'S OPINION
· ~ e L'a _~ CITY COUNCIL MEETING: January 23, 2001 ITEM #
ITEM CAPTION: Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas
Combination Tax and Revenue Certificates of Obligation, Series 2001 in the amount of $3,000,000.00 for
purchasing of public land, approving an Official Statement and making provisions for the security thereof,
and ordaining other matters relating to the subject and authorizing the Mayor to sign.
SUBMITrED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS: These bonds are being issued to fund the land purchase of the 36.339 acres located at
the intersection of Ruby Road and State Road.
BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS:
~.
Agenda Request Form - Revised 5/00
FIN. REVIEW:c~
+X-BID $
CITY MANAGER REVIEW:
Document Name: $01CO.doc
ORDINANCE NO.
AUTHORIZING THE ISSUANCE OF CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERT!~CATES OF OBLIGATION,
SER1F~S 2001, IN THE PRINCIPAL AMOUNT OF $3,000,000, AND
ORDAINING OTHER MATTERS RELATING TO THE SUBJECT
THE STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL
WHEREAS, the City deems it advisable to give notice of intention to issue Certificates of
Obligation, in the amount of $3,000,000, for the purposes of paying all or a portion of the City's
contractual obligations for the purpose of paying, in whole or in part, contractual obligations for the
acquisition of approximately 36.339 acres for municipal uses located across the street from the
Wagon Wheel Park at the intersection of Ruby and State Streets, and for paying legal and fiscal fees
in connection with this project; and
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be
issued and delivered for cash pursuant to Subchapter C of Chapter 271 of the Local Government
Code, and in accordance with Chapter 1502, Texas Government Code, the City may issue revenue
bonds payable from the City's Waterworks and Sewer System; and
WHEREAS, the City Council has heretofore, on the 12th day of December, 2000, adopted
a Resolution authorizing and directing the City Secretary to give notice of intention to issue Certifi-
cates of Obligation; and
WHEREAS, said notice has been duly published in The Citizens Advocate, which is a
newspaper of general circulation in said City, in its issues of December 22, 2000 and December 29,
2000; and
WHEREAS, the City received no petition from the qualified electors of the City protesting
the issuance of such Certificates of Obligation.
WHEREAS, the meeting was open to the public and public notice of the time, place and
purpose of said meeting was given pursuant to Chapter 551, Texas Government Code.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL:
Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES OF OBLIGATION. The
certificate of obligation or certificates of obligation of the City of Coppell (the "Issuer") are hereby
authorized to be issued and delivered, in the aggregate principal amount of $3,000,000, for paying
all or a portion of the City's contractual obligations for the purpose of paying, in whole or in part,
contractual obligations for the acquisition of approximately 36.339 acres for municipal uses located
across the street from the Wagon Wheel Park at the intersection of Ruby and State Streets, and for
paying legal and fiscal fees in connection with this project.
Section 2. DESIGNATION OF THE CERTIFICATES OF OBLIGATION. Each certificate
of obligation issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION, SERIES 2001 ", and
initially there shall be issued, sold, and delivered hereunder a single fully registered certificate of
obligation, without interest coupons, payable in installments of principal (the "Initial Certificate of
Obligation"), but the Initial Certificate of Obligation may be assigned and transferred and/or con-
vened into and exchanged for a like aggregate principal amount of fully registered certificates of
obligation, without interest coupons, having serial maturities, and in the denomination or denomi-
nations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The
term "Certificates of Obligation" as used in this Ordinance shall mean and include collectively the
Initial Certificate of Obligation and all substitute certificates of obligation exchanged therefor, as
well as all other substitute certificates of obligation and replacement certificates of obligation issued
pursuant hereto, and the term "Certificate of Obligation" shall mean any of the Certificates of
Obligation.
Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL
REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE OF
OBLIGATION. (a) The Initial Certificate of Obligation is hereby authorized to be issued, sold, and
delivered hereunder as a singld fully registered Certificate of Obligation, without interest coupons,
dated January 15, 2001, in the denomination and aggregate principal amount of $3,000,000,
numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-
wit: , or to the registered assignee or assignees of said Certificate
of Obligation or any portion or portions thereof (in each case, the "registered owner"), with the
annual installments of principal of the Initial Certificate of Obligation to be payable on the dates,
respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL CERTIFI-
CATE OF OBLIGATION set forth in this Ordinance.
(b) The Initial Certificate of Obligation (i) may be prepaid or redeemed prior to the
respective scheduled due dates of installments of principal thereof, (ii) may be assigned and
transferred, (iii) may be converted and exchanged for other Certificates of Obligation, (iv) shall have
the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial
Certificate of Obligation shall be payable, all as provided, and in the manner required or indicated,
in the FORM OF INITIAL CERTIFICATE OF OBLIGATION set forth in this Ordinance.
Section 4. INTEREST. The unpaid principal balance of the Initial Certificate of Obligation
shall bear interest from the date of the Initial Certificate of Obligation, and will be calculated on the
basis of a 360-day year of twelve 30-day months to the respective scheduled due dates, or to the
respective dates of prepayment or redemption, of the installments of principal of the Initial
2
respective dates of prepayment or redemption, of the installments of principal of the Initial
Certificate of Obligation, and said interest shall be payable, all in the manner provided and at the
rates and on the dates stated in the FORM OF INITIAL CERTIFICATE OF OBLIGATION set forth
in this Ordinance.
Section 5. FORM OF INITIAL CERTIFICATE OF OBLIGATION. The form of the Initial
Certificate of Obligation, including the form of Registration Certificate ofthe Comptroller of Public
Accounts of the State of Texas to be endorsed on the Initial Certificate of Obligation, shall be
substantially as follows:
FORM OF INITIAL CERTIFICATE OF OBLIGATION
NO. R-1 $3,000,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION
SERIES 2001
CITY OF COPPELL, in Dallas and Denton Counties (the "Issuer"), being a political
subdivision of the State of Texas, hereby promises to pay to
or to the registered assignee or assignees of this Certificate of Obligation or any portion or portions
hereof (in each case, the "registered owner") the aggregate principal amount of
THREE MILLION DOLLARS
in annual installments of principal due and payable on August 1 in each of the years, and in the
respective principal mounts, as set forth in the following schedule:
3
YEAR AMOUNT YEAR AMOUNT
2001 155,000 2011 $145,000
2002 85,000 2012 155,000
2003 90,000 2013 160,000
2004 95,000 2014 170,000
2005 105,000 2015 180,000
2006 110,000 2016 185,000
2007 115,000 2017 195,000
2008 125,000 2018 210,000
2009 130,000 2019 220,000
2010 140,000 2020 230,000
and to pay interest, from the date of this Initial Certificate of Obligation, on the balance of each such
installment of principal, respectively, from time to time remaining unpaid, at the rates as follows:
maturity 2001, __% maturity 2011, __%
maturity 2002, __% maturity 2012, %
maturity 2003, __% maturity 2013, %
maturity 2004, % maturity 2014, %
maturity 2005, __% maturity 2015, %
maturity 2006, __% maturity 2016, %
maturity 2007, __% maturity 2017, %
maturity 2008, __% maturity 2018, %
maturity 2009, __% maturity 2019, %
maturity 2010, .__% maturity 2020, %
with said interest being payable on August 1, 2001, and semiannually on each February 1 and
August 1 thereafter while this Certificate of Obligation or any portion hereof is outstanding and
unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate of
Obligation are payable in lawful money of the United States of America, without exchange or collec-
tion charges. The installments of principal and the interest on this Certificate of Obligation are
payable to the registered owner hereof through the services of The First Union National Bank,
Houston, Texas, which is the "Paying Agent/Registrar" for this Certificate of Obligation. Payment
of all principal of and interest on this Certificate of Obligation shall be made by the Paying
Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by
check or draft, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely
from, fimds of the Issuer required by the ordinance authorizing the issuance of this Certificate of
Obligation (the "Certificate of Obligation Ordinance") to be on deposit with the Paying Agent/Regis-
trar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or
interest payment date, to the registered owner hereof, at the address of the registered owner, as it
4
appeared on the 15th day of the month next preceding each such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as hereinafter described, or by such other
method acceptable to Paying Agent/Registrar requested by, and at the risk and expense of, the
registered owner. The Issuer covenants with the registered owner of this Certificate of Obligation
that on or before each principal and/or interest payment date for this Certificate of Obligation it will
make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the
Certificate of Obligation Ordinance, the amounts required to provide for the payment, in imme-
diately available funds, of all principal of and interest on this Certificate of Obligation, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation
shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where
the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date
for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day on which banking institutions are authorized to close; and payment on such date shall
have the same force and effect as if made on the original date payment was due.
THIS CERTIFICATE OF OBLIGATION has been authorized in accordance with the
Constitution and laws of the State of Texas, in the principal amount of $3,000,000, for paying all or
a portion of the City's contractual obligations for the purpose of paying, in whole or in part,
contractual obligations for the acquisition of approximately 36.339 acres for municipal uses located
across the street from the Wagon Wheel Park at the intersection of Ruby and State Streets, and for
paying legal and fiscal fees in connection with this project.
ON AUGUST 1, 2009, or any date thereafter, the unpaid installments of principal of this
Certificate of Obligation may be prepaid or redeemed prior to their scheduled due dates, at the option
of the Issuer, with ~mds derived from any available source, as a whole, or in part, and, if in part, the
Issuer shall select and designate the maturity, or maturities, and the amount that is to be redeemed,
and if less than a whole maturity is to be called, the Issuer shall direct the Paying Agent/Registrar
to call by lot (provided that a portion of this Certificate of Obligation may be redeemed only in an
integral multiple of $5,000), at the redemption price of the principal amount, plus accrued interest
to the date fixed for prepayment or redemption.
AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written
notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the
registered owner hereof. By the date fixed for any such prepayment or redemption due provision
shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay-
ment or redemption price for this Certificate of Obligation or the portion hereof which is to be so
prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption.
If such written notice ofprepayment or redemption is mailed, and if due provision for such payment
is made, all as provided above, this Certificate of Obligation, or the portion thereof which is to be
so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its
scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption,
and shall not be regarded as being outstanding except for the right of the registered owner to receive
the prepayment or redemption price plus accrued interest to the date fixed for prepayment or
redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Pay-
ing Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of
principal of this Certificate of Obligation or any portion hereof.
THIS CERTIFICATE OF OBLIGATION, to the extent of the unpaid or unredeemed
principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of
$5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the
Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of regis-
trar for this Certificate of Obligation, upon the terms and conditions set forth in the Certificate of
Obligation Ordinance. Among other requirements for such transfer, this Certificate of Obligation
must be presented and sun'endered to the Paying Agent/Registrar for cancellation, together with
proper instntments of assignment, in form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing assignment by the initial registered owner of this Certificate of
Obligation, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or
assignees in whose name or names this Certificate of Obligation or any such portion or portions
hereof is or are to be transferred and registered. Any instntment or instntments of assignment
satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate
of Obligation or any such portion or portions hereof by the initial registered owner hereof. A new
certificate of obligation or certificates of obligation payable to such assignee or assignees (which
then will be the new registered owner or owners of such new certificate of obligation or certificates
of obligation) or to the initial registered owner as to any portion of this Certificate of Obligation
which is not being assigned and transferred by the initial registered owner, shall be delivered by the
Paying Agent/Registrar in conversion of and exchange for this Certificate of Obligation or any
portion or portions hereof, but solely in the form and manner as provided in the next paragraph
hereof for the conversion and exchange of this Certificate of Obligation or any portion hereof. The
registered owner of this Certificate of Obligation shall be deemed and treated by the Issuer and the
Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and
discharge of liability upon this Certificate of Obligation to the extent of such payment, and the Issuer
and the Paying Agent/Registrar shall not be affected by any notice to the contrary.
AS PROVIDED above and in the Certificate of Obligation Ordinance, this Certificate of
Obligation, to the extent of the unpaid or urtredeemed principal balance hereof, may be converted
into and exchanged for a like aggregate principal amount of fully registered certificates of obligation,
without interest coupons, payable to the assignee or assignees duly designated in writing by the
initial registered owner hereof, or to the initial registered owner as to any portion of this Certificate
of Obligation which is not being assigned and transferred by the initial registered owner, in any
denomination or denominations in any integral multiple of $5,000 (subject to the requirement here-
inai~er stated that each substitute certificate of obligation issued in exchange for any portion of this
Certificate of Obligation shall have a single stated principal matttrity date), upon surrender of this
Certificate of Obligation to the Paying Agent/Registrar for cancellation, all in accordance with the
form and procedures set forth in the Certificate of Obligation Ordinance. If this Certificate of
Obligation or any portion hereof is assigned and transferred or converted each certificate of
6
obligation issued in exchange for any portion hereof shall have a single stated principal maturity date
corresponding to the due date of the installment of principal of this Certificate of Obligation or
portion hereof for which the substitute certificate of obligation is being exchanged, and shall bear
interest at the rate applicable to and borne by such installment of principal or portion thereof. Such
certificates of obligation, respectively, shall be subject to redemption prior to maturity on the same
dates and for the same prices as the corresponding installment of principal of this Certificate of
Obligation or portion hereof for which they are being exchanged. No such certificate of obligation
shall be payable in installments, but shall have only one stated principal maturity date. AS
PROVIDED IN THE CERTIFICATE OF OBLIGATION ORDINANCE, THIS CERTIFICATE OF
OBLIGATION IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR
CONVERTED ONCE ONLY, and to one or more assignees, but the certificates of obligation issued
and delivered in exchange for this Certificate of Obligation or any portion hereof may be assigned,
transferred and converted, subsequently, as provided in the Certificate of Obligation Ordinance. The
Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring,
converting, and exchanging this Certificate of Obligation or any portion thereof, but the one
requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges
required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make
any such assignment, conversion, or exchange (i) during the period commencing with the close of
business on any Record Date and ending with the opening of business on the next following
principal or interest payment date, or, (ii) with respect to any Certificate of Obligation or portion
thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment
or redemption date.
IN THE EVENT any Paying Agent/Registrar for this Certificate of Obligation is changed
by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate
of Obligation Ordinance that it promptly will appoint a competent and legally qualified substitute
therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this
Certificate of Obligation.
IT IS HEREBY certified, recited, and covenanted that this Certificate of Obligation has been
duly and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required
or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and
delivery of this Certificate of Obligation have been performed, existed, and been done in accordance
with law; that this Certificate of Obligation is a general obligation of the Issuer, issued on the full
faith and credit thereof; and that ad valorem taxes sufficient to provide for the payment of the interest
on and principal of this Certificate of Obligation, as such interest and principal come due, have been
levied and ordered to be levied against all taxable property in the Issuer, and have been pledged for
such payment, within the limit prescribed by law, and that this Certificate of Obligation, together
with other revenue Certificates of Obligation or other obligations of the Issuer, is additionally
secured by and payable from all or any part of limited surplus revenues of the Issuer's combined
Waterworks and Sewer System, constituting "Surplus Revenues" all as prescribed in the Certificate
of Obligation Ordinance.
7
BY BECOMING the registered owner of this Certificate of Obligation, the registered owner
thereby acknowledges all of the terms and provisions of the Certificate of Obligation Ordinance,
agrees to be bound by such terms and provisions, acknowledges that the Certificate of Obligation
Ordinance is duly recorded and available for inspection in the official minutes and records of the
governing body of the Issuer, and agrees that the terms and provisions of this Certificate of
Obligation and the Certificate of Obligation Ordinance constitute a contract between the registered
owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed
with the manual signature of the Mayor of the Issuer, countersigned with the manual signature of
the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed
on this Certificate of Obligation to be dated January 15, 2001.
City Secretary
CITY SEAL
Mayor
FORIVl OF REGISTRATION CERTIFICATE OF THE
COMPTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE
REGISTER NO.
I hereby certify that this Certificate of Obligation has been examined, certified as to validity, and approved by
the Attorney General of the State of Texas, and that this Certificate of Obligation has been registered by the Comptroller
of Public Accounts of the State of Texas.
Witness my sigtmtnre and seal this
(COMPTROLLER'S SEAL)
Comptroller of Public Accounts
of the State of Texas
Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES OF
OBLIGATION. Registration and Transfer. (a) The Issuer shall keep or cause to be kept at the
principal corporate trust office of The First Union National Bank, Houston, Texas (the "Paying
Agent/Registrar") books or records of the registration and transfer of the Certificates of Obligation
(the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar
and transfer agent to keep such books or records and make such transfers and registrations under
such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying
Agent/Registrar shall make such transfers and registrations as herein provided. The Paying
Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner
of each Certificate of Obligation to which payments with respect to the Certificates of Obligation
shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the
Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such
interest payments shall not be mailed unless such notice has been given. The Issuer shall have the
fight to inspect the Registration Books during regular business hours of the Paying Agent/Registrar,
but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless
otherwise required by law, shall not permit their inspection by any other entity. Registration of each
Certificate of Obligation may be transferred in the Registration Books only upon presentation and
surrender of such Certificate of Obligation to the Paying Agent/Registrar for transfer of registration
and cancellation, together with proper written instruments of assignment, in form and with guarantee
ofsiguatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment of the Certifi-
cate of Obligation, or any portion thereof in any integral multiple of $5,000, to the assignee or
assignees thereof, and (ii) the right of such assignee or assignees to have the Certificate of Obligation
or any such portion thereof registered in the name of such assignee or assignees. Upon the
assignment and transfer of any Certificate of Obligation or any portion thereof, a new substitute
Certificate of Obligation or Certificates of Obligation shall be issued in conversion and exchange
therefor in the manner herein provided. The Initial Certificate of Obligation, to the extent of the
unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial regis-
tered owner thereof once only, and to one or more assignees designated in writing by the initial
registered owner thereof. All Certificates of Obligation issued and delivered in conversion of and
exchange for the Initial Certificate of Obligation shall be in any denomination or denominations of
any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute
Certificate of Obligation shall have a single stated principal matttrity date), shall be in the form
prescribed in the FORM OF SUBSTITUTE CERTIFICATE OF OBLIGATION set forth in this
Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as
hereinafter provided. If the Initial Certificate of Obligation or any portion thereof is assigned and
transferred or converted the Initial Certificate of Obligation must be surrendered to the Paying
Agent/Registrar for cancellation, and each Certificate of Obligation issued in exchange for any
portion of the Initial Certificate of Obligation shall have a single stated principal maturity date, and
shall not be payable in installments; and each such Certificate of Obligation shall have a principal
maturity date corresponding to the due date of the installment of principal or portion thereof for
which the substitute Certificate of Obligation is being exchanged; and each such Certificate of
Obligation shall bear interest at the single rate applicable to and borne by such installment of
principal or portion thereof for which it is being exchanged. If only a portion of the Initial Certifi-
cate of Obligation is assigned and transferred, there shall be delivered to and registered in the name
of the initial registered owner substitute Certificates of Obligation in exchange for the unassigned
balance of the Initial Certificate of Obligation in the same manner as if the initial registered owner
were the assignee thereof. If any Certificate of Obligation or portion thereof other than the Initial
Certificate of Obligation is assigned and transferred or converted each Certificate of Obligation
issued in exchange therefor shall have the same principal maturity date and bear interest at the same
rate as the Certificate of Obligation for which it is exchanged. A form of assignment shall be printed
or endorsed on each Certificate of Obligation, excepting the Initial Certificate of Obligation, which
shall be executed by the registered owner or its duly authorized attomey or representative to
evidence an assignment thereof. Upon surrender of any Certificates of Obligation or any portion or
portions thereof for transfer of registration, an authorized representative of the Paying
Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully
registered substitute Certificate of Obligation or Certificates of Obligation, having the characteristics
herein described, payable to such assignee or assignees (which then will be the registered owner or
owners of such new Certificate of Obligation or Certificates of Obligation), or to the previous
registered owner in case only a portion of a Certificate of Obligation is being assigned and
transferred, all in conversion of and exchange for said assigned Certificate of Obligation or
Certificates of Obligation or any portion or portions thereof, in the same form and manner, and with
the same effect, as provided in Section 6(d), below, for the conversion and exchange of Certificates
of Obligation by any registered owner of a Certificate of Obligation. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of
a substitute Certificate of Obligation or Certificates of Obligation, but the one requesting such
transfer shall pay any taxes or other governmental charges required to be paid with respect thereto.
The Paying Agent/Registrar shall not be required to make transfers of registration of any Certificate
of Obligation or any portion thereof(i) during the period commencing with the close of business on
any Record Date and ending with the opening of business on the next following principal or interest
payment date, or, (ii) with respect to any Certificate of Obligation or any portion thereof called for
redemption prior to maturity, within 45 days prior to its redemption date.
(b) Ownership of Certificates of Obligation. The entity in whose name any Certificate of
Obligation shall be registered in the Registration Books at any time shall be deemed and treated as
the absolute owner thereof for all purposes of this Ordinance, whether or not such Certificate of
Obligation shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by
any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and -
interest on any such Certificate of Obligation shall be made only to suchregistered owner. All such
payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate of
Obligation to the extent of the sum or sums so paid.
(c) Payment of Certificates of Obligation and Interest. The Issuer hereby further appoints
the Paying AgentJRegistmr to act as the paying agent for paying the principal of and interest on the
Certificates of Obligation, and to act as its agent to convert and exchange or replace Certificates of
Obligation, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records
of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates
of Obligation, and of all conversions and exchanges of Certificates of Obligation, and all
replacements of Certificates of Obligation, as provided in this Ordinance. However, in the event
of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new
record date for such interest payment )a "Special Record Date") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest
(which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business
days prior to the Special Record Date by United States mail, first class postage prepaid, to the
address of each Bondholder appearing on the Security Register at the close of business on the 15th
day next preceding the date of mailing of such notice.
10
(d) Conversion and Exchange or Replacement: Authentication. Each Certificate of
Obligation issued and delivered pursuant to this Ordinance, to the extent of the unpaid or
unredeemed principal balance or principal amount thereof, may, upon surrender of such Certificate
of Obligation at the principal corporate trust office of the Paying Agent/Registrar, together with a
written request therefor duly executed by the registered owner or the assignee or assignees thereof,
or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory
to the Paying Agent/Registrar, may, at the option of the registered owner Or such assignee or assign-
ees, as appropriate, be converted into and exchanged for fully registered certificates of obligation,
without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE
OF OBLIGATION set forth in this Ordinance, in the denomination of $5,000, or any integral
multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate of
Obligation shall have a single stated maturity date), as requested in writing by such registered owner
or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed
principal balance or principal amount of any Certificate of Obligation or Certificates of Obligation
so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case
may be. If the Initial Certificate of Obligation is assigned and transferred or converted each
substitute Certificate of Obligation issued in exchange for any portion of the Initial Certificate of
Obligation shall have a single stated principal maturity date, and shall not be payable in installments;
and each such Certificate of Obligation shall have a principal maturity date corresponding to the due
date of the installment of principal or portion thereof for which the substitute Certificate of
Obligation is being exchanged; and each such Certificate of Obligation shall bear interest at the
single rate applicable to and borne by such installment of principal or portion thereof for which it
is being exchanged. If a portion of any Certificate of Obligation (other than the Initial Certificate
of Obligation) shall be redeemed prior _to its scheduled maturity as provided herein, a substitute
Certificate of Obligation or Certificates of Obligation having the same maturity date, bearing interest
at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the
request of the registered owner, and in aggregate principal amount equal to the unredeemed portion
thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any
Certificate of Obligation or portion thereof (other than the Initial Certificate of Obligation) is
assigned and transferred or converted, each Certificate of Obligation issued in exchange therefor
shall have the same principal maturity date and bear interest at the same rate as the Certificate of
Obligation for which it is being exchanged. Each substitute Certificate of Obligation shall bear a
letter and/or number to distinguish it from each other Certificate of Obligation. The Paying
Agent/Registrar shall convert and exchange or replace Certificates of Obligation as provided herein,
and each fully registered certificate of obligation delivered in conversion of and exchange for or
replacement of any Certificate of Obligation or portion thereof as permitted or required by any provi-
sion of this Ordinance shall constitute one of the Certificates of Obligation for all purposes of this
Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that
any Certificate of Obligation authenticated in conversion of and exchange for or replacement of
another Certificate of Obligation on or prior to the first scheduled Record Date for the Initial
Certificate of Obligation shall bear interest from the date of the Initial Certificate of Obligation, but
each substitute Certificate of Obligation so authenticated after such first scheduled Record Date shall
11
bear interest from the interest payment date next preceding the date on which such substitute
Certificate of Obligation was so authenticated, unless such Certificate of Obligation is authenticated
after any Record Date but on or before the next following interest payment date, in which case it
shall bear interest from such next following interest payment date; provided, however, that if at the
time of delivery of any substitute Certificate of Obligation the interest on the Certificate of
Obligation for which it is being exchanged is due but has not been paid, then such Certificate of
Obligation shall bear interest from the date to which such interest has been paid in full. THE
INITIAL CERTIFICATE OF OBLIGATION issued and delivered pursuant to this Ordinance is not
required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute
Certificate of Obligation issued in conversion of and exchange for or replacement of any Certificate
of Obligation or Certificates of Obligation issued under this Ordinance there shall be printed a
certificate, in the form substantially as follows:
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate of Obligation has been issued under the provisions
of the Certificate of Obligation Ordinance described on the face of this Certificate of Obligation; and
that this Certificate of Obligation has been issued in conversion of and exchange for or replacement
of a certificate of obligation, certificates of obligation, or a portion of a certificate of obligation or
certificates of obligation of an issue which originally was approved by the Attomey General of the
State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Paying Agent/Registrar
Dated " By
Authorized Representative"
An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such
Certificate of Obligation, date and manually sign the above Certificate, and no such Certificate of
Obligation shall be deemed to be issued or outstanding unless such Certificate is so executed. The
Paying Agent/Registrar promptly shall cancel all Certificates of Obligation surrendered for conver-
sion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed
or adopted by the goveming body of the Issuer or any other body or person so as to accomplish the
foregoing conversion and exchange or replacement of any Certificate of Obligation or portion
thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the
substitute Certificates of Obligation in the manner prescribed herein, and said Certificates of
Obligation shall be of type composition printed on paper with lithographed or steel engraved borders
of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, now
Codi~ed as Chapter 1201 Tex. Gov. Code, and particularly Section 6 thereof, the duty of conversion
and exchange or replacement of Certificates of Obligation as aforesaid is hereby imposed upon the
Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authen-
tication Certificate, the converted and exchanged or replaced Certificate of Obligation shall be valid,
incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate
of Obligation which originally was issued pursuant to this Ordinance, approved by the Attorney
12
Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or
customary fees and charges for transferring, converting, and exchanging any Certificate of
Obligation or any portion thereof, but the one requesting any such transfer, conversion, and exchange
shall pay any taxes or governmental charges required to be paid with respect thereto as a condition
precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar
shall not be required to make any such conversion and exchange or replacement of Certificates of
Obligation or any portion thereof (i) during the period commencing with the close of business on
any Record Date and ending with the opening of business on the next following principal or interest
payment date, or, (ii) with respect to any Certificate of Obligation or portion thereof called for
redemption prior to maturity, within 45 days prior to its redemption date.
(e) In General. All Certificates of Obligation issued in conversion and exchange or
replacement of any other Certificate of Obligation or portion thereof, (i) shall be issued in fully
registered form, without interest coupons, with the principal of and interest on such Certificates of
Obligation to be payable only to the registered owners thereof, (ii) may be redeemed prior to their
scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged
for other Certificates of Obligation, (v) shall have the characteristics, (vi) shall be signed and sealed,
and (vii) the principal of and interest on the Certificates of Obligation shall be payable, all as
provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE CERTIFICATE
OF OBLIGATION set forth in this Ordinance.
(f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners
of the Certificates of Obligation that it will (i) pay the standard or customary fees and charges of the
Paying Agent/Registrar for its services with respect to the payment of the principal of and interest
on the Certificates of Obligation, when due, and (ii) pay the fees and charges of the Paying
Agent/Registrar for services with respect to the transfer of registration of Certificates of Obligation,
and with respect to the conversion and exchange of Certificates of Obligation solely to the extent
above provided in this Ordinance.
(g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of
the Certificates of Obligation that at all times while the Certificates of Obligation are outstanding
the Issuer will provide a competent and legally qualified bank, trust company, financial institution,
or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates of
Obligation under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer
reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than
120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to
the next principal or interest payment date after such notice. In the event that the entity at any time
acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should
resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a
competent and legally qualified bank, trust company, financial institution, or other agency to act as
Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the
previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a
copy thereof), along with all other pertinent books and records relating to the Certificates of
13
Obligation, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any
change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be
sent by the new Paying Agent/Registrar to each registered owner of the Certificates of Obligation,
by United States mail, first-class postage prepaid, which notice also shall give the address of the new
Paying Agent/Registrar. By accepting the position and performing as such, each Paying
Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified
copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
(h) Book-Entry Only System. The Certificates of Obligation issued in exchange for the
Certificates of Obligation initially issued to the purchaser specified herein shall be initially issued
in the form of a separate single fully registered Certificate of Obligation for each of the maturities
thereof. Upon initial issuance, the ownership of each such Certificate of Obligation shall be
registered in the name of Cede & Co., as nominee of Depository Trust Company of New York
CDTC"), and except as provided in subsection (f) hereof, all of the outstanding Certificates of
Obligation shall be registered in the name of Cede & Co., as nominee of DTC. :
With respect to Certificates of Obligation registered in the name of Cede & Co., as nominee
of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any
DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest on
the Certificates of Obligation. Without limiting the immediately preceding sentence, the Issuer and
the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy
of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest
in the Certificates of Obligation, (ii) the delivery to any DTC Participant or any other person, other
than a Certificate of Obligation holder, as shown on the Registration Books, of any notice with
respect to the Certificates of Obligation, including any notice of redemption, or (iii) the payment to
any DTC Participant or any other person, other than a Certificate of Obligation holder, as shown in
the Registration Books of any amount with respect to principal of, premium, if any, or interest on,
as the case may be, the Certificates of Obligation. Notwithstanding any other provision of this
Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and
consider the person in whose name each Certificate of Obligation is registered in the Registration
Books as the absolute owner of such Certificate of Obligation for the purpose of payment of
principal, premium, if any, and interest, as the case may be, with respect to such Certificate of
Obligation, for the purpose of giving notices of redemption and other matters with respect to such
Certificate of Obligation, for the purpose of registering transfers with respect to such Certificate of
Obligation, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all
principal of, premium, if any, and interest on the Certificates of Obligation only to or upon the order
of the respective owners, as shown in the Registration Books as provided in this Ordinance, or their
respective attorneys duly authorized in writing, and all such payments shall be valid and effective
to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of,
premium, if any, and interest on, or as the case may be, the Certificates of Obligation to the extent
of the sum or sums so paid. No person other than an owner, as shown in the Registration Books,
shall receive a Certificate of Obligation certificate evidencing the obligation of the Issuer to make
payments of principal, premium, if any, and interest, as the case may be, pursuant to this Ordinance.
14
Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this
Ordinance with respect to interest checks being mailed to the registered owner at the close of
business on the Record Date, the word "Cede & Co." in this Ordinance shall refer to such new
nominee of DTC.
(i) Successor Securities Depository: Transfers Outside Book-Entry Only System. In the
event that the Issuer or the Paying Agent/Registrar determines that DTC is incapable of discharging
its responsibilities described herein and in the representation letter of the Issuer to DTC and that it
is in the best interest of the beneficial owners of the Certificates of Obligation that they be able to
obtain certi~cated Certificates of Obligation, the Issuer or the Paying Agent/Registrar shall (i)
appoint a successor securities depository, qualified to act as such under Section 17(a) of the
Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the
appointment of such successor securities depository and transfer one or more separate Certificates
of Obligation to such successor securities depository or (ii) notify DTC and DTC Participants of the
availability through DTC of Certificates of Obligation and transfer one or more separate Certificates
of Obligation to DTC Participants having Certificates of Obligation credited to their DTC accounts.
In such event, the Certificates of Obligation shall no longer be restricted to being registered in the
Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the
name of the successor securities depository, or its nominee, or in whatever name or names Certificate
of Obligation holders transferring or exchanging Certificates of Obligation shall designate, in
accordance with the provisions of this Ordinance.
(j) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the
contrary, so long as any Certificate of Obligation is registered in the name of Cede & Co., as
nominee of DTC, all payments with respect to principal of, premium, if any, and interest on, or as
the case may be, such Certificate of Obligation and all notices with respect to such Certificate of
Obligation shall be made and given, respectively, in the manner provided in the representation letter
of the Issuer to DTC.
Section 7. FORM OF SUBSTITUTE CERTIFICATES OF OBLIGATION. The form of
all Certificates of Obligation issued in conversion and exchange or replacement of any other Certif-
icate of Obligation or portion thereof, including the form of Paying Agent/Registrar's Certificate to
be printed on each of such Certificates of Obligation, and the Form of Assignment to be printed on
each of the Certificates of Obligation, shall be, respectively, substantially as follows, with such
appropriate variations, omissions, or insertions as are permitted or required by this Ordinance.
15
FORM OF SUBSTITUTE CERTIFICATE OF OBLIGATION
NO.
PRINCIPAL
AMOUNT
$
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION
SERIES 2001
Interest Rate Maturity Date Original Date of Issue Cusip No.
January 15, 2001
ON THE MATURITY DATE specified above, the CITY OF COPPELL (the "Issuer") in
Dallas and Denton Counties, being a political subdivision of the State of Texas, hereby promises to
pay to
or to the registered assignee hereof (either being hereinafter called the "registered owner") the
principal amount of
and to pay interest thereon from January~ 15,200I to the maturity date specified above, or the date
of redemption prior to maturity, at the interest rate per anntun specified above with interest being
payable on August 1, 2001, and semiannually on each February 1 and August 1 thereafter; except
that if the date of authentication of this Certificate of Obligation is later than July 15, 2001, such
principal amount shall bear interest from the interest payment date next preceding the date of
authentication, unless such date of authentication is after any Record Date (hereinafter defined) but
on or before the next following interest payment date, in which case such principal amount shall bear
interest from such next following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Certificate of Obligation are payable in
lawful money of the United States of America, without exchange or collection charges. The
principal of this Certificate of Obligation shall be paid to the registered owner hereof upon
presentation and surrender of this Certificate of Obligation at maturity or upon the date fixed for its
redemption prior to maturity, at the principal corporate trust office of The First Union National
Bank, Houston, Texas, which is the "Paying Agent/Registrar" for this Certificate of Obligation. The
payment of interest on this Certificate of Obligation shall be made by the Paying Agent/Registrar
to the registered owner hereof on the interest payment date by check or draft, dated as of such
interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of
the Issuer required by the Ordinance authorizing the issuance of the Certificates of Obligation (the
16
"Certificate of Obligation Ordinance") to be on deposit with the Paying Agent/Registrar for such
purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar
by United States mail, first-class postage prepaid, on each such interest payment date, to the
registered owner hereof, at the address of the registered owner, as it appeared on the 15th day of the
month next preceding such date (the "Record Date") on the Registration Books kept by the Paying
Agent/Registrar, as hereinafter described, or by such other method acceptable to the Paying
Agent/Registrar requested by, and at the risk and expense of, the registered owner. Any accrued
interest due upon the redemption of this Certificate of Obligation prior to maturity as provided herein
shall be paid to the registered owner at the principal corporate trust office of the Paying
Agent/Registrar upon presentation and surrender of this Certificate of Obligation for redemption and
payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants
with the registered owner of this Certificate of Obligation that on or before each principal payment
date, interest payment date, and accrued interest payment date for this Certificate of Obligation, it
will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by
the Certificate of Obligation Ordinance, the mounts required to provide for the payment, in
immediately available funds, of all principal of and interest on the Certificates of Obligation, when
due.
IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation
shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where
the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date
for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day on which banking institutions are authorized to close; and payment on such date shall
. have the same force and effect as if made on the original date payment was due.
THIS CERTIFICATE OF OBLIGATION is one of an issue of Certificates of Obligation
initially dated January 15,2001, authorized in accordance with the Constitution and laws of the State
of Texas, in the original principal amount of $3,000,000, for the purpose of paying, in whole or in
part, contractual obligations for the acquisition of approximately 36.339 acres for municipal uses
located across the street from the Wagon Wheel Park at the intersection of Ruby and State Streets,
and for paying legal and fiscal fees in connection with this project.
ON AUGUST 1, 2009, or any date thereafter, the Certificates of Obligation of this Series
may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived
from any available source, as a whole, or in part, and, if in part, the maturity or maturities of
Certificates of Obligation and the amounts thereof, to be redeemed shall be selected and designated
by the Issuer, and the Issuer shall direct the Paying Agent/Registrar to call by lot Certificates of
Obligation, or portions thereof within such maturities and in such principal amounts, for redemption
(provided that a portion of this Certificate of Obligation may be redeemed only in an integral
multiple of $5,000), at the prepayment or redemption price of the principal amount thereof, plus
accrued interest to the date fixed for prepayment or redemption.
17
AT LEAST 30 days prior to the date fixed for any redemption of Certificates of Obligation
or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first class postage prepaid, not less than 30 days prior to the
date fixed for any such redemption, to the registered owner of each Certificate of Obligation to be
redeemed at its address as it appeared on the 451h day prior to such redemption date; provided,
however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending
or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption
of any Certificate of Obligation, and it is hereby specifically provided that the mailing of such notice
as required above shall be the only notice actually required in connection with or as a prerequisite
to the redemption of any Certificates of Obligation or portions thereof. By the date fixed for any
such redemption due provision shall be made with the Paying Agent/Registrar for the payment of
the required redemption price for the Certificates of Obligation or portions thereof which are to be
so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice
of redemption is mailed and if due provision for such payment is made, all as provided above, the
Certificates of Obligation or portions thereof which are to be so redeemed thereby automatically
shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after
the date fixed for redemption, and they shall not be regarded as being outstanding except for the right
of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/-
Registrar out of the ~mds provided for such payment. If a portion of any Certificate of Obligation
shall be redeemed a substitute Certificate of Obligation or Certificates of Obligation having the same
maturity date, beating interest at the same rate, in any denomination or denominations in any integral
multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount
equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender
thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate of Obligation
Ordinance.
THIS CERTIFICATE OF OBLIGATION OR ANY PORTION OR PORTIONS HEREOF
IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the
Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of regis-
trar for the Certificates of Obligation, upon the terms and conditions set forth in the Certificate of
Obligation Ordinance. Among other requirements for such assignment and transfer, this Certificate
of Obligation must be presented and surrendered to the Paying Agent/Registrar, together with proper
instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing assignment of this Certificate of Obligation or any portion or portions
hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this
Certificate of Obligation or any such portion or portions hereof is or are to be transferred and
registered. The form of Assignment printed or endorsed on this Certificate of Obligation shall be
executed by the registered owner or its duly authorized attorney or representative to evidence the
assignment hereof. A new Certificate of Obligation or Certificates of Obligation payable to such
assignee or assignees (which then will be the new registered owner or owners of such new Certificate
of Obligation or Certificates of Obligation), or to the previous registered owner in the case of the
assignment and transfer of only a portion of this Certificate of Obligation, may be delivered by the
Paying Agent/Registrar in conversion of and exchange for this Certificate of Obligation, all in the
18
form and manner as provided in the next paragraph hereof for the conversion and exchange of other
Certificates of Obligation. The Issuer shall pay the Paying Agent/Registrar's standard or customary
fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes
or other govemmental charges required to be paid with respect thereto. The Paying Agent/Registrar
shall not be required to make transfers of registration of this Certificate of Obligation or any portion
hereof(i) during the period commencing with the close of business on any Record Date and ending
with the opening of business on the next following principal or interest payment date, or, (ii) with
respect to any Certificate of Obligation or any portion thereof called for redemption prior to
maturity, within 45 days prior to its redemption date. The registered owner of this Certificate of
Obligation shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute
owner hereof for all purposes, including payment and discharge of liability upon this Certificate of
Obligation to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not
be affected by any notice to the contrary.
ALL CERTIFICATES OF OBLIGATION OF THIS SERIES are issuable solely fis fully
registered certificates of obligation, without interest coupons, in the denomination of any integral
multiple of $5,000. As provided in the Certificate of Obligation Ordinance, this Certificate of
Obligation, or any unredeemed portion hereof, may, at the request of the registered owner or the
assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount
of fully registered Certificates of Obligation, without interest coupons, payable to the appropriate
registered owner, assignee, or assignees, as the case may be, having the same maturity date, and
beating interest at the same rate, in any denomination or denominations in any integral multiple of
$5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case
may be, upon surrender of this Certificate of Obligation to the Paying Agent/Registrar for cancella-
tion, all in accordance with the-form and procedures set forth in the Certificate of Obligation
Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and
charges for transferring, converting, and exchanging any Certificate of Obligation or any portion
thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or
govemmental charges required to be paid with respect thereto as a condition precedent to the exer-
cise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required
to make any such conversion and exchange (i) during the period commencing with the close of
business on any Record Date and ending with the opening of business on the next following
principal or interest payment date, or, (ii) with respect to any Certificate of Obligation or portion
thereof called for redemption prior to maturity, within 45 days prior to its redemption date.
IN THE EVENT any Paying Agent/Registrar for the Certificates of Obligation is changed
by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate
of Obligation Ordinance that it promptly will appoint a competent and legally qualified substitute
therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the
Certificates of Obligation.
IT IS HEREBY certified, recited, and covenanted that this Certificate of Obligation has been
duly and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required
19
or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and
delivery of this Certificate of Obligation have been performed, existed, and been done in accordance
with law; that this Certificate of Obligation is a general obligation of the Issuer, issued on the full
faith and credit thereof; and that ad valorem taxes sufficient to provide for the payment of the interest
on and principal of this Certificate of Obligation, as such interest and principal come due, have been
levied and ordered to be levied against all taxable property in the Issuer, and have been pledged for
such payment, within the limit prescribed by law, and that this Certificate of Obligation, together
with other revenue Certificates of Obligation or other obligations of the Issuer, is additionally
secured by and payable from all or any part of limited surplus revenues of the Issuer's combined
Waterworks and Sewer System, constituting "Surplus Revenues" all as prescribed in the Certificate
of Obligation Ordinance.
BY BECOMING the registered owner of this Certificate of Obligation, the registered owner
thereby acknowledges all of the terms and provisions of the Certificate of Obligation Ordinance,
agrees to be bound by such terms and provisions, acknowledges that the Certificate of Obligation
Ordinance is duly recorded and available for inspection in the official minutes and records of the
goveming body of the Issuer, and agrees that the terms and provisions of this Certificate of
Obligation and the Certificate of Obligation Ordinance constitute a contract between each registered
owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate of Oblig~ition to be signed
with the manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual
or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer
to be duly impressed, or placed in facsimile, on this Certificate of Obligation.
City Secretan/ Mayor
CITY SEAL
2O
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Certificate of Obligation is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Certificate of Obligation has been issued under the provisions of the Certificate
of Obligation Ordinance described on the face of this Certificate of Obligation; and that this Certificate of Obligation
has been issued in conversion of and exchange for or replacement of a certificate of obligation, certificates of obligation,
or a portion of a certificate of obligation or certificates of obligation of an issue which originally was approved by the
Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated
The First Union National Bank, Houston, Texas
Paying Agent/Registrar
By
Authorized Representative
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Certificate"of Obligation, or duly
authorized representative or attorney thereof, hereby assigns this Certificate of Obligation to
/ /
(Assignee's Social Security (print or type Assignee's name
or Taxpayer Identification Number) and address, including zip code)
and hereby irrevocably constitutes and appoints
attorney to transfer the registration of this Certificate of Obligation on the Paying Agent/Registrar's Registration Books
with full power of substitution in the premises.
Dated
Signature Guaranteed:
NOTICE: This signature must be guaranteed by a member of the New York Stock Exchange or a commercial
bank or trust company.
Registered Owner
NOTICE: This signature must correspond with the name of the Registered Owner appearing on the face of
this Certificate of Obligation in every particular without alteration or enlargement or any change whatsoever.
21
Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking
Fund") is hereby created solely for the benefit of the Certificates of Obligation, and the Interest and
Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the
Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and
accounts of the Issuer, and shall be used only for paying the interest on and principal of the
Certificates of Obligation. All ad valorem taxes levied and collected for and on account of the
Certificates of Obligation shall be deposited, as collected, to the credit of the Interest and Sinking
Fund. During each year while any of the Certificates of Obligation or interest thereon are out-
standing and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount
ofad valorem tax which will be sufficient to raise and produce the money required to pay the interest
on the Certificates of Obligation as such interest comes due, and to provide and maintain a sinking
fund adequate to pay the principal of its Certificates of Obligation as such principal matures (but
never less than 2% of the original principal amount of the Certificates of Obligation as a sinking
fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with full
allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of
ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in
the Issuer for each year while any of the Certificates of Obligation or interest thereon are outstanding
and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit
of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the
payment of the interest on and principal of the Certificates of Obligation, as such interest comes due
and such principal matures, are hereby pledged for such payment, within the limit prescribed by law.
Section 9. REVENUES. That said Certificates of Obligation, together with other obligations
· of the Issuer, are additionally secured by and shall be payable from and secured by and payable from
the surplus revenues of the Issuer's combined Waterworks and Sewer System, remaining steer
payment of all expenses of operation and maintenance thereof, and all debt service, reserve, and
other requirements in connection with all of the Issuer's revenue bonds or other obligations (now or
hereafter outstanding), which are payable from all or any part of the Net Revenues of the Issuer's
combined Waterworks and Sewer System, with such amount not exceeding $1,000, constituting
"Surplus Revenues". The Issuer shall deposit such Surplus Revenues, if any, that may be used to
pay the Certificates of Obligation to the credit of the Interest and Sinking Fund created pursuant to
Section 8, to the extent necessary to pay the principal and interest on the Certificates of Obligation.
Notwithstanding the requirements of Section 8, if Surplus Revenues are actually on deposit or
budgeted for deposit in the Interest and Sinking Fund in advance of the time when ad valorera taxes
are scheduled to be levied for any year, then the amount of taxes which otherwise would have been
required to be levied pursuant to Section 8 may be reduced to the extent and by the amount of the
Surplus Revenues then on deposit in the Interest and Sinking Fund or budgeted for deposit therein2
Section 10. TRANSFER. That the Mayor and the City Secretary are hereby ordered to do
any and all things necessary to accomplish the transfer of monies to the Interest and Sinking Fund
of this issue in ample time to pay such items of principal and interest.
22
Section 11. DEFEASANCE OF CERTIFICATES OF OBLIGATION. (a) Any Certificate
of Obligation and the interest thereon shall be deemed to be paid, retired, and no longer outstanding
(a "Defeased Certificate of Obligation") within the meaning of this Ordinance, except to the extent
provided in subsection (d) of this Section 12, when payment of the principal of such Certificate of
Obligation, plus interest thereon to the due date (whether such due date be by reason of maturity,
upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance
with the terms thereof (including the giving of any required notice of redemption, or (ii) shall have
been provided for on or before such due date by irrevocably depositing with or making available to
the Paying Agent/Registrar for such payment (1) lawful money of the United States of America
sufficient to make such payment or (2) Government Obligations which mature as to principal and
interest in such amounts and at such times as will insure the availability, without reinvestment, of
sufficient money to provide for such payment, and when proper arrangements have been made by
the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased
Certificates of Obligation shall have become due and payable. At such time as a Certificate of
Obligation shall be deemed to be a Defeased Certificate of Obligation hereunder, as aforesaid, such
Certificate of Obligation and the interest thereon shall no longer be secured by, payable from, or
entitled to the benefits of, the ad valorem taxes herein levied pledged as provided in this 0rdinanee,
and such principal and interest shall be payable solely from such money or Government Obligations.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction
of the Issuer also be invested in Govemment Obligations, maturing in the amounts and times as
hereinbefore set forth, and all income ~'om such Government Obligations received by the Paying
Agent/Registrar which is not required for the payment of the Certificates of Obligation and interest
thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer,
or deposited as directed in writing by the Issuer.
(c) The term "Govemment Obligations" as used in this Section, shall mean direct obligations
of the United States of America, including obligations the principal of and interest on which are
unconditionally guaranteed by the United States of America, which may be United States Treasury
obligations such as its State and Local Govemment Series, which may be in book-entry form.
(d) Until all Defeased Certificates of Obligation shall have become due and payable, the
Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased
Certificates of Obligation the same as if they had not been defeased, and the Issuer shall make proper
arrangements to provide and pay for such services as required by this Ordinance.
Section 12. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES OF OBLIGATION. (a) Replacement Certificates of Obligation. In the event any
outstanding Certificate of Obligation is damaged, mutilated, lost, stolen, or destroyed, the Paying
Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of obligation of
the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or
destroyed Certificate of Obligation, in replacement for such Certificate of Obligation in the manner
hereinafter provided.
23
(b) Application for Replacement Certificates of Obligation. Application for replacement of
damaged, mutilated, lost, stolen, or destroyed Certificates of Obligation shall be made by the
registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction
of a Certificate of Obligation, the registered owner applying for a replacement certificate of
obligation shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity
as may be required by them to save each of them harmless from any loss or damage with respect
thereto. Also, in every case of loss, theft, or destruction of a Certificate of 0bligation, the registered
owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of
the loss, theft, or destruction of such Certificate of Obligation, as the case may be. In every case of
damage or mutilation of a Certificate of Obligation, the registered owner shall surrender to the
Paying Agent/Registrar for cancellation the Certificate of Obligation so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the
event any such Certificate of Obligation shall have matured, and no default has occurred which is
then continuing in the payment of the principal of, redemption premium, if any, or interest on the
Certificate of Obligation, the Issuer may authorize the payment of the same (without surrender
thereof except in the case of a damaged or mutilated Certificate of Obligation) instead of issuing a
replacement Certificate of Obligation, provided security or indemnity is furnished as above provided
in this Section.
(d) Charge for Issuing Replacement Certificates of Obligation. Prior to the issuance of any
replacement certificate of obligation, the Paying Agent/Registrar shall charge the registered owner
of such Certificate of Obligation with all legal, printing, and other expenses in connection therewith.
Every replacement certificate o fobligation issued pursuant to the provisions of this Section by virtue
of the fact that any Certificate of Obligation is lost, stolen, or destroyed shall constitute a contractual
obligation of the Issuer whether oi'not the lost, stolen, or destroyed Certificate of Obligation shall
be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this
Ordinance equally and proportionately with any and all other Certificates of Obligation duly issued
under this Ordinance.
(e) Authority for Issuing Replacement Certificates of Obligation. In accordance with
Section 6 of Vemon's Ann. Tex. Civ. St. Art. 717k-6, now Codified as Chapter 1201 Tex. Gov.
Code, this Section 12 of this Ordinance shall constitute authority for the issuance of any such
replacement certificate of obligation without necessity of further action by the governing body of
the Issuer or any other body or person, and the duty of the replacement of such certificates of
obligation is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying
Agent/Registrar shall authenticate and deliver such Certificates of Obligation in the form and manner
and with the effect, as provided in Section 6(d) of this Ordinance for Certificates of Obligation
issued in conversion and exchange for other Certificates of Obligation.
Section 13. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES OF
OBLIGATION; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT
INSURANCE PROVISION, IF OBTAINED. The Mayor of the Issuer is hereby authorized to have
24
control of the Initial Certificate of Obligation issued hereunder and all necessary records and pro-
ceedings pertaining to the Initial Certificate of Obligation pending its delivery and its investigation,
examination, and approval by the Attorney General of the State of Texas, and its registration by the
Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Certificate of
Obligation said Comptroller of Public Accounts (or a deputy designated in writing to act for said
Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Certificate
of Obligation, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the
Initial Certificate of Obligation. The approving legal opinion of the Issuer's bond counsel and the
assigned CUSIP numbers may, at the option of the Issuer, be primed on the Initial Certificate of
Obligation or on any Certificates of Obligation issued and delivered in conversion of and exchange
or replacement of any Certificate of Obligation, but neither shall have any legal effect, and shall be
solely for the convenience and information of the registered owners of the Certificates of Obligation.
In addition, if Certificate of Obligation insurance is obtained, the Certificates of Obligation may bear
an appropriate legend as provided by the insurer.
Section 14. COVENANTS REGARDING TAX EXEMPTION. The Issuer covenants to
refrain from taking any action which would adversely affect, and to take any required action to
ensure, the treatment of the Certificates of Obligation as obligations described in Section 103 of the
Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in
the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the
Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of the
Certificates of Obligation or the projects financed therewith (less amounts deposited to a reserve
fund, if any) or the projects financed therewith are used for any "private business use," as defined
in Section 141(b)(6) of the Code or, ifm0re than 10 percent of the proceeds or the projects financed
therewith are so used, such amounts, whether or not received by the Issuer, with respect to such
private business use, do not, under the terms of this Ordinance, or any underlying arrangement,
directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service
on the Certificates of Obligation, in contravention of Section 141(13)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use" described in
subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates of Obligation or the
projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in
excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate,"
within the meaning of Section 141 (b)(3) of the Code, to the governmental use;
(c) to take any action to assure that no amount which is greater than the lesser of $5,000,000,
or 5 percent of the proceeds of the Certificates of Obligation (less amounts deposited into a reserve
fund, if any) is directly or indirectly used to finance loans to persons, other than state or local
govemmental units, in contravention of Section 141 (c) of the Code;
25
(d) to refrain from taking any action which would otherwise result in the Certificates of
Obligation being treated as "private activity Certificates of Obligation" within the meaning of
Section 141 (b) of the Code;
(e) to refrain from taking any action that would result in the Certificates of Obligation being
"federally guaranteed" within the meaning of Section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Certificates of Obligation, directly
or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire
investment property (as defined in Section 148(b)(2) of the Code) which produces a materially
higher yield over the term of the Certificates of Obligation, other than investment property acquired
(1) proceeds of the Certificates of Obligation invested for a reasonable temporary
period of 3 years or less or, in the case of a refunding bond, for a period of 30 days or less
until such proceeds are needed for the purpose for which the Certificates of Obligation are
issued,
(2) amounts invested in a bona fide debt service fund, within the meaning of Section
1.148-1 (b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement fund to the
extent such amounts do not exceed 10 percent of the proceeds of the Certificates of
Obligation;
(g) to otherwise restrict the use of the proceeds of the Certificates of Obligation or amounts
treated as proceeds of the Certificates of Obligation, as may be necessary, so that the Certificates of
Obligation do not otherwise contravene the requirements of Section 148 of the Code (relating to
arbitrage) and, to the extent applicable, Section 149(d) of the Code (relating to advance refundings);
and
(h) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery of the Certificates of Obligation) an amount that is at least equal
to 90 percent of the "Excess Earnings," within the meaning of Section 148(f) of the Code and to pay
to the United States of America, not later than 60 days after the Certificates of Obligation have been
paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under
Section 148(0 of the Code.
For the purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds"
includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding
Certificates of Obligation, transferred proceeds (if any) and proceeds of the refunded Certificates of
Obligation expended prior to the date of issuance of the Certificates of Obligation. It is the
understanding of the Issuer that the covenants contained herein are intended to assure compliance
26
with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury
pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify
or expand provisions of the Code, as applicable to the Certificates of Obligation, the Issuer will not
be required to comply with any covenant contained herein to the extent that such failure to comply,
in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from
federal income taxation of interest on the Certificates of Obligation under Section 103 of the Code.
In the event that regulations or rulings are hereafter promulgated which impose additional require-
ments which are applicable to the Certificates of Obligation, the Issuer agrees to comply with the
additional requirements to the extent necessary, in the opinion of nationally-recognized bond
counsel, to preserve the exemption from federal income taxation of interest on the Certificates of
Obligation under Section 103 of the Code. In furtherance of such intention, the Issuer hereby
authorizes and directs the Mayor of the Issuer to execute any documents, certificates or reports
required by the Code and to make such elections, on behalf of the Issuer, which may be permitted
by the Code as are consistent with the purpose for the issuance of the Certificates of Obligation.
In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby
established by the Issuer for the sole benefit of the United States of America, and such fund shall not
be subject to the claim of any other person, including without limitation the bondholders. The
Rebate Fund is established for the additional purposes of compliance with Section 148 of the Code.
Section 15. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment
'eamings to be used for the purposes described in Section 1 of this Ordinance (the "Project") on its
-books and records by allocating proceeds to expenditures within 18 months of the later of the date
that (1) the expenditure is made, or (2) the Project is completed. The foregoing notwithstanding, the
Issuer shall not expend sale proceeds or investment earnings thereon more than 60 days after the
earlier of( 1 ) the fifth anniversary of the delivery of the Certificates of Obligation, or (2) the date the
Certificates of Obligation are retired, unless the Issuer obtains an opinion of nationally-recognized
bond counsel that such expenditure will not adversely affect the tax-exempt status of the Certificates
of Obligation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant
if it obtains an opinion that such failure to comply will not adversely affect the exeludability for
federal income tax purposes from gross income of the interest.
Section 16. DISPOSITION OF PROJECT. The Issuer covenants that the property
constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt
by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-
recognized bond counsel that such sale or other disposition will not adversely affect the m-exempt
status of the Certificates of Obligation. For purposes of the foregoing, the portion of the property
comprising personal property and disposed in the ordinary course shall not be treated as a transaction
resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be
obligated to comply with this covenant if it obtains an opinion that such failure to comply will not
adversely affect the excludability for federal income tax purposes from gross income of the interest.
27
Section 17. CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall
provide annually to each NRMSIR and any SID, within six months afier the end of each fiscal year
ending in or utter 2001 financial information and operating data with respect to the Issuer of the
general type included in the final Official Statement authorized by Section 19 of this Ordinance,
being the information described in Exhibit A. Any financial statements so to be provided shall be
prepared in accordance with the accounting principles described in Exhibit A thereto, or such other
accounting principles as the Issuer may be required to employ from time to time pursuant to state
law or regulation, and audited, if the Issuer commissions an audit of such statements and the audit
is completed within the period during which they must be provided. If the audit of such financial
statements is not complete within such period, then the Issuer shall provide audited financial
statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report
on such statements become available.
(ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the
change (and of the date of the new fiscal year end) prior to the next date by which the Issuer
otherwise would be required to provide financial information and operating data pursuant to this
Section. The financial information and operating data to be provided pursuant to this Section may
be set forth in full in one or more documents or may be included by specific reference to any
document (including an official statement or other offering document, if it is available from the
MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC.
(b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or
the MSRB, in a timely manner, of any of the following events with .respect to the Certificates of
Obligation, if such event is material within the meaning of the federal securities laws:
2.
3.
4.
5.
6.
,
9.
10.
11.
Principal and interest payment delinquencies;
Non-payment related defaults;
Unscheduled draws on debt service reserves reflecting financial difficulties;
Unscheduled draws on credit enhancements reflecting financial difficulties;
Substitution of credit or liquidity proriders, or their failure to perform;
Adverse tax opinions or events affecting the tax-exempt status of the Certificates of
Obligation;
Modifications to rights of holders of the Certificates of Obligation;
Certificate of Obligation calls;
Defeasances;
Release, substitution, or sale of property securing repayment of the Certificates of
Obligation; and
Rating changes.
The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any
failure by the Issuer to provide financial information or operating data in accordance with subsection
(a) of this Section by the time required by such subsection.
28
(c) Limitations. Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe
and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer
remains an "obligated person" with respect to the Certificates of Obligation within the meaning of
the Rule, except that the Issuer in any event will give notice of any deposit made in accordance with
this Ordinance or applicable law that causes Certificates of Obligation no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the holders and beneficial
owners of the Certificates of Obligation, and nothing in this Section, express or implied, shall give
any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The
Issuer undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update
any information provided in accordance with this Section or otherwise, except as expressly provided
herein. The Issuer does not make any representation or warranty concerning such informati6n or its
usefulness to a decision to invest in or sell Certificates of Obligation at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OF OBLIGATION OR ANY
OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR
IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT
FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY
RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON
ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR
MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section
shall comprise a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the Issuer under federal and state securities laws.
(v) The provisions of this Section may be amended by the Issuer from time to time to adapt
to changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the Issuer, but only if(l) the provisions
of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates
of Obligation in the primary offering of the Certificates of Obligation in compliance with the Rule,
taking into account any amendments or interpretations of the Rule since such offering as well as such
changed circumstances and (2) either (a) the holders of a majority in aggregate principal amount (or
any greater amount required by any other provision of this Ordinance that authorizes such an
amendment) of the outstanding Certificates of Obligation consent to such amendment or Co) a person
that is unaffiliated with the Issuer (such as bond counsel) determined that such amendment will not
materially impair the interest of the holders and beneficial owners of the Certificates of Obligation.
If the Issuer so amends the provisions of this Section, it shall include with any amended financial
29
information or operating data next provided in accordance with subsection (a) of this Section an
explanation, in narrative form, of the reason for the amendment and of the impact of any change in
the type of financial information or operating data so provided. The Issuer may also amend or repeal
the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable
provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule
are invalid, but only if and to the extent that the provisions of this sentence would not prevent an
underwriter from lawfully purchasing or selling Certificates of Obligation in the primary offering
of the Certificates of Obligation.
(d) Definitions. As used in this Section, the following terms have the meanings ascribed to
such terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from
time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized department,
officer, or agency thereof as, and determined by the SEC or its staff to be, a state information
depository within the meaning of the Rule from time to time.
Section 18 SALE OF INITIAL CERTIFICATE OF OBLIGATION. The Initial
Certificate of Obligation is hereby sold and shall be delivered to
for cash for the par value thereof and accrued interest to date of delivery (accrued interest to be
deposited into the Interest and Sinking Fund). It is hereby officially found, determined, and declared
that the Initial Certificate of Obligation has been sold at public sale. to the bidder offering the lowest
interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instruc-
tions and Official Statement dated January 12th, 2001, prepared and distributed in connection with
the sale of the Initial Certificate of Obligation. Said Official Notice of Sale and Bidding Instructions
and Official Statement, and any addenda, supplement, or amendment thereto have been and are
hereby approved by the goveming body of the Issuer, and their use in the offer and sale of the
Certificates of Obligation is hereby approved. It is further officially found, determined, and declared
that the statements and representations contained in said Official Notice of Sale and Official State-
ment are true and correct in all material respects, to the best knowledge and belief of the goveming
body of the Issuer.
Section 19. INTEREST EARNINGS ON CERTIFICATES OF OBLIGATION PROCEEDS.
The earnings derived from the investment of proceeds from the sale of the Certificates of Obligation
shall be used along with other Certificate of Obligation proceeds as described in Section 1 hereof;
3O
provided that after completion of such project, if any of such interest earnings remain on hand, such
interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however,
that interest earnings on the Certificates of Obligation proceeds which are required to be rebated to
the United States of America pursuant to Section 14 hereof in order to prevent the Certificates of
Obligation firom being arbitrage Certificate of Obligations shall be so rebated and not considered as
interest earnings for the purpose of this Section.
Section 20. APPROPRIATION. There is hereby appropriated for transfer into the Interest
and Sinking Fund, from available funds of the Issuer, moneys sufficient to pay principal and interest
coming due on August 1, 2001.
Section 21. PUBLIC NOTICE. It is hereby officially found and determined that public
notice of the time, place and purpose of said meeting was given, all as required by Chapter 551,
Texas Government Code, and no petition was received fxom the qualified electors of the Issuer
protesting the issuance of such Certificates of Obligation.
Section 22. EFFECTIVE DATE. This Ordinance shall become effective immediately upon
passage.
31
APPROVED THIS THE 23RD DAY OF JANUARY, 2001.
Mayor
City Secretary
APPROVED AS TO FORM:
Bond Counsel
32
EXHIBIT A
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 17 of this Ordinance.
I. Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer to be provided
annually in accordancg with such Section are as specified (and included in the Appendix or under
the headings of the Official Statement and Tables referred to) below:
Tables 1 through 6 and 8 through 15 and in Appendix B
Accounting Principles
The accounting principles referred to in such Section axe the accounting principles described
in the notes to the financial statements referred to in paragraph 1 above.
~~~ C1TY COUNCIL MEETING: January23,2001 ITEM
CITY MANAGER'S REPORT
Update on Wagon Wheel and MacArthur Parks.
Scoreboard Review.
CITY MANAGER'S REVIEW:
MAYOR AND COUNCIL REPORTS
D.
E.
F.
G.
H.
Report by Mayor Sheehan regarding Breakfast with City Leaders.
Report by Mayor Sheehan regarding Chamber of Commerce Monthly Meeting - State
of the City.
Report by Mayor Sheehan regarding Kiwanas Club.
Report by Mayor Sheehan regarding Leadership Coppell,
Report by Mayor Sheehan regarding Citizens Police Academy.
Report by Councilmember Stover regarding Condolences to Bill York.
Report by Councilmember Stover regarding Lakeside Carnival on February 3.
Report by Councilmember Stover regarding Baseball Boosters Casino night on
February 3.
Report by Councilmember Stover regarding CISD Education Foundation Founders
Drive deadline January 31.
Report by Councilmember Peters regarding Senior Adult Services Update.
CITY MANAGERS REVIEW: