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CP 2001-06-26
NOTICE OF CITY COUNCIL MEETING AND AGENDA JUNE 26, 2001 CANDY SHEEHAN, BILL YORK, Place 7 Mayor Mayor Pro Tem GREG GARClA, Place I MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 DOUG STOVER, Place 5 DIANA RAINES, Place 3 DAVE HERRING, Place 6 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 6:00 p.m. Council Chambers (Open to the Public) Work Session Immediately Following ist FI. Conf. Room (Open to the Public) Regular Session 7:30 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, June 26, 2001, at 6:00 p.m. for Work Session and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. ag062601 Page I of 4 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Presentation by Ray Turco. I L~ ¢,~)~5 a. Discussion regarding changing Council Meeting start time from 7:30 p.m. to 7:00 p.m. C. Discussion of 379A Sales Tax and Charter Election. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 3. Invocation. 4. Pledge of Allegiance. I p~:~_ 5. Report by Library Board. ! ¢¢D~6. Report on Community List Serve E.Mail Project. i ~¢.- 7. Citizen's Appearances. CONSENT AGENDA Consider approval of the following consent agenda items: A. Consider approval of minutes: June 12, 2001. B. Consider approval of a Resolution authorizing the City of Coppell to enter into an Interlocal Cooperation Agreement for operation and maintenance of a traffic signal at I.H. 635 and Belt Line Road and approval of the Interlocal Cooperation Agreement; and authorizing the Mayor to sign. C. Consider approval of an ordinance amending Article 16-4 Floodplain Management Ordinance to adopt new floodplain maps dated August 23, 2001; and authorizing the Mayor to sign. END OF CONSENT 9. Consider approval of Contract for Assessment and Collection Services ,-,~ ,~¢~ between the City of Coppell and the Coppell Independent School District, and authorizing its execution by the City Manager. ag062601 Page 2 of 4 ITEM # ITEM DESCRIPTION 10. Consider award of bid # Q-0301-02 to Texas Unified Constructors for the I ~p~¢.,,~ Construction of the new Coppell Service Center, in an amount not to exceed $3,000,000.00, and authorizing the City Manager to sign. 11. Consider approval of an Ordinance calling a Special Election to consider the adoption of a sales and use tax at the rate of one-half of one percent ) ~.Oc,~)~) for the purpose of financing authorized programs of the Municipal Education Development Corporation of Coppell for four (4) years and on proposed amendments to the Home Rule Charter; and authorizing the Mayor to sign. i Adoption of 2001-2002 Council Goals as developed at Annual Retreat and ~:),,~¢.~ 2. review of 2000.2001 goals. 13. Necessary action resulting from Work Session. 14. City Manager's Report. A. Report regarding Water Use. ~,~ B. Report regarding Skateboards. C. Report regarding Youth League Sponsorship Fund. 15. Mayor and Council Reports. A. Report by Mayor Sheehan regarding USOC 2012 Update. B. Report by Mayor Sheehan regarding TML Legislative Briefing. C. Report by Mayor Sheehan regarding Coppell International Music Exchange. ~2 ~,,~¢-,-D. Report by Mayor Sheehan regarding 4th of July Parade. E. Report by Mayor Sheehan regarding Old Town Coppell Flea Market. F. Report by Mayor Sheehan regarding Denton County Transportation Authority. G. Report by Councilmember Peters regarding update on the E-Gov Task Force. Adjournment. Candy Sheehan, Mayor ag062601 Page 3 of 4 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. ag062601 Page 4 of 4 CITY COUNCK, MEETING: June 26, 2001 ITEM # WORK SESSION A. Presentation by Ray Turco. B. Discussion regarding changing Council Meeting start time from 7:30 p.m. to 7:00 p.m. C. Discussion of 379A Sales Tax and Charter Election. D. Discussion of Agenda Items. CITY MANAGER'S REVIEW: FILE COPY AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. f 7 ~ 7"7 AN ORDINANCE OF TRE CITY OF COPPELL, TEXAS, ESTABLISHING RLrLES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the following new Article 1-10: ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS Section 1-10-1 CREATION WHEREAS, Section 3.12 of the City Charter of the City of Coppell states that the City Council shall, by ordinance, determine its own rules and order of business; and WHEREAS, Section 3.09 of the City Charter of the City of Coppell states that the City Council shall hold at least one (I) regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings; and W~EREAS, the City Council of the City of Coppell recognizes that in order to enhance the concept of effective and democratic government, it is essential that the City Council establish rules for the conduct of council meetings, both formal and informal, and to establish rules of courtesy for those attending meetings of the Council, so that the true deliberative process will not be disturbed. Section 1-10-2 AUTHORITY Article 3, Section 3.12 of the City of Coppell Home Rule Charter provides that the Council shall by ordinance determine its own rules and order of business. The following set of rules shall be in effect upon their -- 1 -- adoption by the Council and until such time as they are amended or new rules adopted in the manner provided for by these rules. Section 1-10-3 GENERAL RULES 1-10-3.1 Meetings to be Public. Ail official meetings of the Council shall be open to the public, except those authorized by the laws of the State of Texas to be otherwise. 1-10-3.2 Quorum. Five (5) members of the Council shall constitute a quorum (Charter Article 3, Section 3.10). 1-10-3.3 Minutes of Meetings. The Council shall provide written minutes to be taken of all Council meetings, except executive sessions authorized by law, and such minutes shall be a public record and shall be maintained by the City Secretary. These minutes shall be open to inspection by the general public (Charter Article 3, Section 3.12). In addition to the official minutes of each Council meeting, except executive sessions authorized by law, the City Secretary shall make an audio recording of the proceedings. These audio recordings shall be kept as long as administratively valuable, but not less than a period of thirty-six (36) months from the date of the meeting. 1-10-3.4 Questions Subject to Division. If two or more subjects or points are involved, in any vote of the Council, any member of the Council may require a division, if the question reasonably allows a division. 1-10-3.5 Right of Floor. Any member of the Council desiring to speak shall be recognized by the Chairman, and shall confine his or her remarks to the subject or question under consideration or to be considered. 1-10-3.6 Attendance of City Manager. The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused by a majority vote of the Council members present. Such excuse may be granted after the absence where time will not permit notification before date of absence. He shall make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote (Charter 4, Section 4.01 D -- 2 -- 1-10-3.7 City Attorney. The City Attorney, or Acting City Attorney, shall attend all meetings of the Council and shall give an opinion, either written or oral, on questions of law as requested by the Mayor or a member of the Council. The City Attorney shall act as the Council's final authority concerning procedural and parliamentary questions. 1-10-3.8 City Secretary. The City Secretary, or Acting City Secretary, shall attend all meetings of the City Council unless excused by a majority of the Council and shall keep the official minutes and perform such other duties as may be requested of him or her by the Charter or the City Manager. Such excuse may be granted after the absence where time will not permit notification before date of absence (Charter Article 4, Section 4.05). 1-10-3.9 Department Heads or Employees. Any department head or employee of the City, when requested by the City Manager, shall attend any meeting of the Council unless excused by a majority of the Council. Such excuse may be granted after the absence where time will not permit notification before the date of absence. If requested to do so by the City Manager, they may present information relating to matters before the City Council. 1-10-3.10 Rules of Order. That certain edition of Roberts Rules of Order, Revised, the cover page of which is attached hereto as Exhibit "A" for identification should govern the proceedings of the Council in all cases, unless they are in conflict with these rules or the City Charter. Notwithstanding any provision to the contrary, no action of the Council shall be held invalid by reason of any failure to comply w~th the provisions of the adopted Roberts Rules Of Order, Revised. 1-10-3.11 Suspension of Rules. Any provision of these rules not covered by the City Charter or laws of the State of Texas may be temporarily suspended by a two-thirds vote of all members of the Council present. The vote on any such suspension shall be by roll call called by the City Secretary or the person serving as City Secretary and shall be recorded in the minutes of the meeting. - 3- 1-10-3.12 Amendment to Rules. These rules may be amended, or new rules adopted, by a two-thirds vote of all members of the Council, provided that the proposed amendments or new rules have been introduced into the record at the last regular Council meeting. Section 1-10-4 TYPES OF MEETINGS 1-10-4.1 Regular Meetings. The Council shall meet in the Council Chamber at the City Hall on the second and fourth Tuesday of each month at 7:30 PM o'clock unless otherwise officially changed by the City Council (Charter Article 3, Section 3.09). 1-10-4.2 Special Meetings. Special meetings of the City Council shall be held on the call of the Mayor or a majority of the City Council members (Charter Article 3, Section 3.09). Notice shall be given to each member of the Council. The call for a special meeting shall be filed with the City Secretary in written form, who shall then notify each Council member personally or by leaving a copy of such written notice at their usual place of abode, except that announcement of a special meeting, during any regular meeting at which a quorum of the members are present, shall be sufficient notice to Council members present of such special meeting. The call for a special meeting shall specify the date and hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held unless notice and the agenda have been posted in accordance with the Open Meetings Act of the State of Texas. Only such business may be transacted at a special meeting as may be listed in the call of said meeting or as indicated thereto. 1-10-4.3 Work Sessions. The Council may meet informally in work sessions at the call of the Mayor, or upon the call of a majority of the members of the Council, to interchange information, provided that all discussions and conclusions shall be informal. A work session may include the informal meeting more commonly referred to as a pre-agenda meeting. Notice of any work sessions shall be given in accordance with the Open Meetings Act of the State of Texas and no action shall be taken at a work session unless authorized by a specific agenda item. -4- 1-10-4.& Recessed Meetings. Any meeting of the Council may be recessed to a later time, provided that any recess shall be to a certain date and time. If the meeting which is recessed required published notice in the newspaper and the recessed date and time is announced at the initial meeting, no additional newspaper publication shall be necessary. Section 1-10-5 CHAIRMAN AND DUTIES 1-10-5.1 Chairman. The Mayor, if present, shall preside as Chairman at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside (Charter Article 3, Section 3.05). In the absence of both the Mayor and the Mayor Pro Tem, the Council shall elect a Chairman. 1-10-5.2 Call to Order. The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro Tem. In the absence of both the Mayor and the Mayor Pro Tem, the meeting shall be called to order by the City Manager or City Secretary. 1-10-5.3 Preservation of Order. The Chairman shall preserve order and decorum, prevent personal references to Council members or the impugning of members' motives, and confine members in debate to the question under discussion. 1-10-5.4 Points of Order. The Chairman shall determine all points or order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question of the Chairman be sustained?" 1-10-5.5 Questions to be Stated. The Chairman shall state all questions submitted for a vote and the City Secretary or the person acting as the City Secretary will announce the results of the roll call vote in the following form: "Being Yes votes for the question and No votes against the question, the question is passed or defeated." Provided, however, that the announcement of passed or defeated shall not affect the validity of the vote if such announcement is not correct. Section 1-10-6 ORDER OF BUSINESS 1-10-6.1 Agenda. The order of business of each meeting shall be as contained in the agenda prepared by the City Manager (Charter Article 4, Section 4.01D 5). -- 5 -- The agenda for any regular or special meeting shall be a listing by topic of subjects to be considered by the Council. The agenda for regular City Council meetings shall be delivered to members of the Council no later than each Friday preceding the Tuesday meeting to which it pertains. The City Manager will exercise his best judgment in determining the most important items received for placement on the agenda and shall add other items of business in his discretion to come before the Council. 1-10-6.1.1 Council Members' Submission of Agenda Items. Ail Council members may submit agenda items. Ail items to be placed on the agenda must be submitted in writing to the City Manager by 10:00 A.M. o'clock on the second Monday preceding the meeting at which he or she wishes the subject to be considered. Upon a majority vote of the Council members the City Manager shall be required to place an item on the agenda of a regular meeting. 1-10-6.1.2 Citizens' Submission of Agenda Items. Any resident of the City of Coppell shall have the right and opportunity to submit an item to be placed on the agenda of a regular council meeting. An item requested by a citizen to be placed on the agenda must be submitted in writing to the office of the City Manager no later than 10:00 A.M. o'clock on the second Monday preceding the regular meeting at which the citizen is requesting the subject to be considered. The request must clearly state the nature and subject of the item to be considered. If in the opinion of the City Manager the agenda of the requested meeting is lengthy, he or she may defer the item to the next regular meeting of the Council. In the case of a delay, the City Manager will notify the citizen of the delay no later than the Friday preceding the regular meeting requested by the citizen. In no case may a citizen's request be delayed for more than one regular meeting (Charter Article 3, Section 3.12). 1-10-6.1.3 City Staff Submission of Agenda Items. Any department head wishing to have an item placed on the agenda of a meeting of -- 6 the Council, shall submit a written request to the City Manager of that fact no later than 10:00 A.M. o'clock on the second Monday preceding the meeting at which he or she wishes the subject to be considered. 1-10-6.1.4 City Manager's Discretion. Notwithstanding the submission deadlines in subparts 6.1.1, 6.1.2, and 6.1.3 above of this Section 1-10-6, the City Manager in his discretion may permit additional agenda items and any documents for distribution to the Council to be submitted later than the deadlines specified. 1-10-6.1.5 Emergency Agenda Items. An item not appearing on the regular agenda shall not be taken up for discussion as a matter of Council business during a regular or special meeting unless it is of an emergency nature and comes to the City Manager's attention too late to appear on the agenda, and only then after being posted in accordance with the current or future laws of the State of Texas. Prior to consideration, any emergency item may be removed from the agenda by majority vote of the Council members at the meeting. 1-10-6.2 PRESENTATIONS BY CITIZENS 1-10-6.2.1 Subjects Not Appearing on the Agenda. Persons wishing to speak on a matter which is not an item on the agenda, must sign a t~ ~f]'l~-d register and list their residence address, provided by the City Secretary on a table /~l Cyfer outside the Council Chamber, and such persons may be heard only at the "Citizens //0/~/,'~, he~Cl~ Appearance" portion of a regular meeting or special meeting, t 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 approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted for the "Citizens Appearance" portion of any regular or special Council meeting. I No one group or organization -- 7 -- shall be allowed more than three speakers at this portion of the meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). 1-10-6.2.2 Public Hearings. Any person wishing to appear at a public hearing held by the Council pursuant to any official notice thereof shall sign a register and list his or her address, provided by the City Secretary, outside the Council Chamber indicating the item on the agenda the person wishes to address. / Each speaker will be limited to five minutes, and there shall be a cumulative limit of sixty (60) minutes for all those speaking for an item on the agenda, and a like limit for all those speaking against an item on the agenda.~ No group or organization shall be allowed more than three speakers on any agenda item. These limitations may be extended at the discretion of a majority vote of the Council members present. Section 1-10-7 CONSIDERATION OF ORDINANCES, RESOLUTION AND MOTIONS 1-10-7.1 Form for Introduction. Each proposed ordinance shall be introduced in written or printed form required for adoption (Charter Article 3, Section 3.13 A). 1-10-7.2 Procedure for Introduction. Any member of the Council may offer any ordinance in writing that has been placed on the agenda at a regular Council meeting. Copies of proposed ordinances, in the form required for adoption, shall be furnished to members of the Council. No action can be taken on any ordinance which has not been made available to the Council and to the public at the office of the City Secretary, at least forty-eight (48) hours prior to the meeting at which it is to be considered. This rule, as applied to any specific ordinance, may be suspended in case of necessity by the affirmative vote of at least a majority of all voting members of the Council (Charter Article 3, Section 3.13 B)~ -- 8 1-10-7.3 Effective Date. Every ordinance shall become effective upon adoption, or at any later time specified in the ordinance, except that every ordinance imposing any penalty, fine or forfeiture shall become effective after publication of its caption one in the official newspaper of the City (Charter Article 3, Section 3.13 C). 1-10-7.4 Reading of Ordinance. The reading aloud of a title and caption of the ordinance shall suffice as a reading. If two (2) Council members request that the ordinance be read in its entirety, it must be so read (Charter Article 3, Section 3.13 D). 1-10-7.5 Recording of Votes. Voting, except on procedural motions, shall be by roll call called by the City Secretary or the person acting as or for the City Secretary and shall be recorded in the minutes (Charter Article 3, Section 3.12). 1-10-7.6 Amending or Repealing an Ordinance. An ordinance shall not be amended or repealed except by the adoption of another ordinance (Charter Article 3, Section 3.13 A). 1-10-7.7 Votes Required to Pass. Approval of every ordinance, resolution or motion, except as specifically provided in Section 3.06 of the City of Coppell Home Rule Charter, shall require the affirmative vote of four or more members of the City Council unless otherwise provided by law (Charter Article 3, Section 3.10). 1-10-7.8 Abstention. Should any member of the Council choose to abstain from voting on any ordinance, resolution or motion before the City Council, where no declared conflict of interest exists, his or her vote shall be declared as an affirmative vote in the official minutes of the City of Coppell (Charter Article 3, Section 1-10-7.9 Reconsideration. A motion to reconsider any action of the Council can be made only upon the affirmative vote of four or more members of the City Council. 1-10-7.10 Withdrawal of Motions. A motion may be withdrawn or modified by the mover at any time prior to passage without asking permission. If the mover modified his or her motion, the seconder may withdraw his or her second. Section 1-10-8 BL~GET ~ME~MENTS AFTER ADOPTION 1-10-8.1 Supplemental Appropriations. Upon the certification of the City Manager that there are funds available for appropriations in excess of those estimated in the budget, the Council may make such supplemental appropriations as desired. ~he Council shall pass an ordinance authorizing the supplemental appropriations (Charter Article 7, Sections 7.04 A and 7.03 C3). 1-10-8.2 Emergency Appropriations. At any time in an fiscal year the Council may make emergency appropriations to meet a pressing need for public expenditures, for other than regular'or recurring requirements, affecting life, health, property or the public peace (Charter Article 7, Section 7.04 B). 1-10-8.3 Transfer of Appropriations. Upon written request of the City Manager, the Council may, by budget amendments, transfer part or all of any unencumbered appropriat~ons balance from one department, office or agency to another (Charter Article 7, Section 7.04 D). Section 1-10-9 CREATION OF COMMITTEES, BOARDS AND COMMISSIONS 1.10-9.1 Council Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor shall appoint the members of the Council committees, subject to the approval of the Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. 1-10-9.2 Citizen Boards, Commissions and Committees. The Council may create other boards, commissions and committees to assist in the conduct of the operation of the City government. The Council shall, by ordinance, prescribe the purpose, composition, functions, duties, accountability and tenure of each such board, commission and committee. Membership and selection of member shall be as provided by the Council if not specified by the City Charter or by state law. Any board, commission or committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by - 10 - a majority vote of the Council. No board, commission or committee so appointed shall have powers other than advisory to the Council or City Manager, except as provided by the Charter or the laws of the State of Texas. Section 1-10-10 ENFORCEMENT OF DECORUM 1-10-10.1 Warning. Ail persons (other than members of the Council) shall, at the request of the Chairman, be silent. If after receiving a warning from the Chairman, a person or group of persons, persists in disturbing the meeting, the Chairman or the person acting as Chairman may order that person or group of persons to remove himself or themselves from the meeting. If they do not remove himself or themselves from the meeting, the Chairman or the parson acting as Chairman may order the Sergeant-at-Arms to remove him or them. 1-10-10.2 Removal From a Meeting. The Chief of Police, or such member or members of the Police Department as the Chairman or the person acting as or for the Chairman may designate, shall be Sergeant-at-Arms of the Council meetings. He or they shall carry out all orders and instructions given by the Chairman for the purpose of maintaining order and decorum at the meetings of the Council. Upon instruction of the Chairman, it shall be the duty of the Sergeant-at-Arms to remove from the meeting any person or persons who intentionally disturb or disturbs the proceedings of the Council. 1-10-10.3 Resisting Removal From a Meeting. Any person or persons who resist removal by the Sergeant-at-Arms shall be charged with violating Section 42.05 of Vernon's Annotated Penal Code. Section 1-10-1! CAMERAS AND RECORDING DEVICES 1-10-11.1 Supplemental Lighting. Supplemental lighting for television and motion picture cameras shall be used only with the exercise of extreme discretion with regard to the intensity and duration of such lighting and with a view to creating the least amount of interference with or disturbance of the proceedings of the Council and the least amount of discomfort to the members of the public in attendance. - 11- 1-10-11.2 Disruptive Lighting. The Chairman or the person acting as Chairman shall have the authority to determine whether the intensity and/or duration of supplemental lighting is such that it disturbs the proceedings of the Council and upon making such a determination require that the use of such lighting be discontinued. Section 1-10-12 ENFORCEMENT 1-10-12.1 Motion to Enforce. Any member of the Council may move to require the Chairman to enforce these rules and the affirmative vote of four members of the Council shall require him to do Section 2 REPEALING CLAUSE Ail ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 3 SEVERABILITY CLAUSE If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional by a court of competent jurisdiction, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so determined to be invalid or unconstitutional. Section 4 EFFECTIVE DATE This ordinance will be effective March 1, 1987. PASSED AND APPROVED THIS 10th day of February , 1987. Lou Duggan, M~yor ATTEST: Dorothy Ti~s~fty Secretary APPROVED AS TO FORM: Lawrence Jackson, City Attorney THE SCOTT, FORESMAN ROBERT'S RULES OF ORDER NEWLY REVISED GENERAL HENRY M. ROBERT U.S. Army a New and Enlarged Edition by SARAH CORBIN ROBERT z:,i~tt the a.~$is~ance o~ HENRY M. ROBERT III WILLIAM J. EVANS JAMES %q. CLEARY SCO'I-F, FORESMAN AND COMPANY Gicnv'~cw. Iihncns London. k. ngland EXHIBIT "A" CITY COUNCTI. MEETING: Sune 26, 2001 ITEM ITEM CAPTION: Report by Library Board. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT $ AMT EST $ +R-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. KEVIEW.~ CITY MANAGER REVIE Agenda Request Form - Revised 5/00 Document Name: %bdrpt. doc ~ ~' .~" '~'~ ~, ' CITY COUNCI~L MEETING: June 26, 2001 ITEM ITEM CAPTION: Report on Community List Serve E-Mail Project. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: x DIR. INITIALS: F~. ~~ CITY ~NAGER ~W: A~ ~q~t Fo~ - ~ 5/~ D~t N~: %~e.~ ~ ,~~ ~ CITY COUNCIL MEETING: Sune 26, 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 COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the following new Article 1-10: ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS 1-10-6.2.1 CITIZENS APPEARANCE 1-10-6.2.1 Subjects Not Appearing on the Agenda Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). CITY MANAGER'S REVIEW: CITY COUNCIL MEETING: June 26, 2001 ITEM ITEM CAPTION: Consider approval of minutes: June 12, 2001. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT $ AMT EST $ +k-BID $ FINANCIAL COMMENTS:~ DIR. INITIALS: ~ FIN. REVIEW.~ CITY MANAGER REVIEW: '~J Agenda Request Form - Revised 5/00 Document Name: %minutes. ~ MINUTES OF JUNE 12, 2001 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 12, 2001, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Bill York, Mayor Pro Tem Greg Garcia, Councilmember Jayne Peters, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Doug Stover, Councilmember '-" .(. Also present were City Manager Jim Witt, i~i'~cretary.'i~by Ball and 1. Can to Mayor Shee~ a quorum M:ayop ..... "" :':: gession at 6:14 p.m. as Mlowed ~deE ~e 'Mayor Sheehan adjourned the Executive Se~6n a~-~ opened the Work Session. CM06122001 Page 1 of 14 WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by James Williams regarding Fiberfence. B. Discussion of Coppell Health Facilities Board of Directors. C. Discussion of Special Election. D. Discussion of Agenda Items. REGULAR SESSION (Open to the ~!!?.i?~:." 4. Invocation. . ' ................ · -;!;:,........'.:.-: lied tho~ir'.~sent in the Rod Culver, Coppell First Assembly <'~ ~¢ .~;..;~,..... 6. C~'~r alii ~o~~ri*~e Coppell Mayo~geh~ : ~:fi for t~'cord ~d presented the s~ to"~ ~ool Gift's Softball team and .-... -.,..~ '. .-. 'the:.'x'~ell ~1 Team as Class 5A State Chmpions, and Councllmember ~nnell seconded :-: .'.}~::}~~~ion; the motion carried 7-0 with Mayor Pro Tem York and ' -?~ilmembers G~cia, Peters, Rained, ~nnell, Stover ~d -~:-~ing voting in favor of ~e motion. CMO6122001 Page 2 of 14 7. Annual State of the Court Address presented by the Honorable Marian Moseley. Presentation: Marian Moseley, Municipal Judge, presented a report to the Council. 8. Citizen's Appearances. ' There was no one signed up to speak under this item. '- 9. Consider approval of the following consent .. ...... A. Consider approval of tl. B. Consider approval of a ~n the City of ! and Inde ~f- way :d and relate~ :he City -. ..of Lot 1, ,port North '. Bloc~:.;:i:.:i of Northpoint .-.'.D. Ordinance for Case No. S- (.'i~ Methodist Church, zoning SF-7 and SF-12, SUP 1137 and Permitsl to SF-7 and SF-12, SUP 1137R ':[":":::'i:!:iJ'i'? SUP 1052 {Single Family-7 and Single Family- -'::'.-::-,?::.'::'12, Special Use Permits} to allow.a revision to the west parking lot, on approximately 11.84 acres of property located at the northwest and northeast CM06122001 Page 3 of 14 corners of Bethel School Road and Heartz Road, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. S- 1182R, CC's Coffee House, zoning change request from PD-178R (Planned Development-178R] S-1182 to PD-178R-S.U.P 1182R (Planned Development- :-~: 178R, Special Use Permit}, to allow a revision of the signage for the coffee shop located in the Town . Center West Retail Center at 171 N. Denton-Gap. Road, and authorizing the Mayor to sign. -,.:":'~...-..-' Item D was pulled from the Consent Agenda -::'~¢;~'"'" '- .~. . ro'-"~:~%!conslcterea Mayor Pro Tem York ?:~, B, C carrying No. 91500-A-296.. ;the motion :ilmembers Garcia, in favor 91)~ S- 1137R, request " i052 (Single ':: ~ .~":Use Permits} to ~': Special Use Permits} to lot, on approximately at the northwest and School Road and Heartz Road, and Mayor to sign. · ..-'-'-'~'r Pro Tern York added a condition to Section 2 as follows: CM06122001 Page 4 of 14 Section 2: D. All existing Bradford Pear trees shall be relocated on the site, thereafter such trees shall be replaced according to the then current tree palette. Action: Mayor Pro Tem York moved to approve Ordinance No. 91500-A-295 for Case No. S-1137R, First United Methodist Church, zoning change request from SF-7 and SF-12, SUP 1137 and SUP 1052 (Single Family-7 and Single Family-12, Special Use Permits..)to. SF- 7 and SF-12, SUP 1137R and SUP 1052 (Single Single Family-12, Special Use Permits) to allow a.~iiii~'the. west parking lot, on approximately 11.84 acres of ~i-'t~ted at the northwest and northeast corners of Bethel ~~:~d' and Road, and authorizing the Mayo..r.:t~ sign w~.:.:~:'"following~' Heartz ... :.... -..,:~ ~/~.'y . . . D. All existing tre~~ , reloc~~e:'Site, thereafter..,: b~.~ ,accor~~e then the .~fion carried Peters, motion. i'O~: ': Fiscal to creating exempt debt, ~ntat: .'Jim a presentation to Council. · . . - ','..~'i:!~:;-'.:j;; .'.:~,:~,':~!~. · '...... . i:.:~'!:".,?.: :.%??:T'::~ : 2-: ~:[.):r '.-q-'. '-'~?.' '.'.'" : :,' .::::?: ~:~~~.Pro Tern York moved to approve Resolution No. 2001-0612.1 ::'~','."[':i.-::~shing the Fisc~ Policy of the Ci~ of Coppell in reference to ':'' ":::~ing corporations that ~e eligible to issue t~ exempt debt, '.'~nd authorizing the Mayor to mgm Councilmember Garcia seconded the motion; the motion c~ried 7-0 with Mayor Pro Tern CM06122001 Page 5 of 14 York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 11. Consider approval of a Resolution authorizing and approving the creation of a health facilities development corporation on behalf of the City of Coppell, Texas; approving articles of incorporation, appointment of Directors, and approving by laws, and authorizing the Mayor to sign. Councfimember Tunnell moved to approve ~~~ No. 2001-0612.2 authorizing and approving .the crea~!i~:":a health facilities development corporation on ' '1 of the ~'.of Coppell, Texas; approving articles of [ ? ~tment of Names .... ::~e of Exl: ' to sign. .?:~¢.~ carried '"' Peters, 8-1186-Potter ~onerete, ' }::"" LI {Light Industrial) to LI-SUP :~.~::.~....' :}, to a~ow for the operation '"of plant, for a period not to ~ceed one 1.16 acres of property located ~:.i 900 feet west of the intersection of · 'i ~ Royal, on the west side of Cree~iew Drive. CMO6122001 Page 6 of 14 Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to Council. Public Hearing: Mayor Sheehan opened the Public Hearing on Item 12 and advised i':::.-':. that no one had signed up to speak. Issues Discussed: There was discussion regarding the letter received ~ii~hip Church stating that the Church does not have,'-'i~~.'-):he Mayor Pro Tern York moved to '"and approve Case No. S-1 from LI (Light Indu.' '.I-SUP .... to allow for the concl not to exceed located ap[ & Roy,..~, on following : .');.:.-......: . ~2.' '- a copy of all TNRCC ms of ~e concrete batch plant .:.;~, original condition. ".": ~.:':~;ilmember Peters seconded the motion; the motion carried ".:'..:'.::;~¢~!i~ith Mayor Pro Tem York and Councilmembers Garcia, Peters, "" ~aines, ~nnell, 8tover and Herring voting in favor of ~e motion. CMO6122001 Page 7 of 14 13. PUBLIC HEARING: Consider approval of Case No. PD-190 Trinity Shores, zoning change request from R (Retail) to PD- SF-9 [Planned Development - Single-Family-9) to allow the development of 19 single-family homes on approximately 7.31 acres of property located on the south side of Sandy Lake Road, west of the Trinity River. Presentation: -. Gary Sieb, Director of Planning and Community Services, :.made a- presentation to Council. ':-..~.. Mathew Marchant, 2125 North Josey Lane, Suite Applicant, answered questions from the Qo~uncil. :: Public Hearing: ....::::' '.: .... ? .~ :':?!.'.C.. · .-' .'. "--" Mayor Sheehan opened the Public Item'i~~!i~vised There was di., and}~s property; .~... e request .... -from: - Single-Family- : ~ 9) t~{i'[ 19 homes on · ·"~:-: located on the south side of .... : River with the following ;i'!:'.!'-i':!:?i? of the updated F.E.M.A. maps, indicating ' '":::":'" property has been removed from the . .:,:"-'./:;.::.--2. Approval of the Homeowner's association :.::..--~- 'i"?'; documents by the City Attorney. CM06122001 Page 8 of 14 3. Add decorative metal fence on the lots on the South side of the property. Councilmember Herring seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of Trinity Shores, Preliminary Plat,. to. '":'~ approximately 7.31 acres of property locate_.~:-~.~'~.i~eTM south side of Sandy Lake Road, west of the Gary Sieb, Director of Planning and ii~"~unity ~~s, made a Mayor 8heeh~:~f~blic ........ advised ': ':: located .... .E.M.A. maps, lndmat~ng :"-.. :: ~:'~:: al 6f the Homeowner's Association .':'?.~:::::(i: :" G~ents by the CiW Attorney. '"':~'~?:~?::~:':~'. All planned development conditions sh~l be reflected on the Final Plat. CM06122001 Page 9 of 14 Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tern York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 15. Consider approval of Coppell Middle School West, Site Plan and Final Plat, to allow the construction of a service center with bus/maintenance vehicle parking, several building additions, reconstruction of the concession building, and re-paving of the parking lot on. appro~.'mately 51.7 acres of property 250 feet west of the approximately Wrangler and Crestside Drives { 1301 Wrangl~~?-'" Presentation: "~ '": ~L s Gary Sieb, Director of Planning ~~ , ma,~e a presentation to Council. Robert H owman, En of School ......... of a ":!?~} several 7 ':.: building, and re- 51.7 acres of feet west of the intersection of Wrangler Drive) with the schedule a meeting with the .... . :.. 2. Provide looped fire lane. Provide fire hydrants a ' . ',:,-' minimum of every 300 feet as measured along the fire lane. CM06122001 Page 10 of 14 3. Review parking space dimensions and confirm the size as being 9' x 18' or 9' x 19'. All parking notations refer to 9' x 18' parking spaces; however, all spaces are required to measure 19' in length, unless additional space is provided for vehicle overhang. 4. More clearly indicate the area that is included in the Landscape Calculations. The landscape plan references a 7.71-acre area, but the plan does not show these boundaries. 5. Revise location map to correctly show 6. TXU will require easement~::~: for exi~~' and Councilmember Peters seconded the '~e.,.n.. car-ried 7-0 with Mayor Pro Tom York and ~mbers~~-':,--P".e~ers, Raines, Tunnell, :~Herrin favor :.~fiOn. 16. Consider ~ergio's zoning · :i ~d [mkery Gary S~el~, .. Community Services, made a presentation ': :.%:-::iii~'~ moved to deny an Ordinance for Case No. : '~::~ Market, Inc./Mangia! Market & Bakery, zoning request from C (Commercial) to C-SUP (Commercial, :'' Use Permit), to allow the operation of an approximately .? square foot market and bakery to be located in Coppell ' ~rossing IV Shopping Center at 777 S. MacArthur Boulevard. Councilmember Raines seconded the motion to deny the CMO6122001 Page 11 of 14 Ordinance, the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 17. Discussion of August Special Election and authorizing staff to proceed with the preparation documents for said election. Presentation: Jim Witt, City Manager, made a presentation to CounciL-~i.~,:.:.ii~-':¢?.:(- Councilmember Tunnell moved to staff with preparation of documents for an Herring seconded the motion, the :arried :MaYor Pro Tern York and Counc Tunnell, Stover and He~ voting the 18. Necessary .:.';- .... Goals as ...)i ~'.B. President .::i'-?C. regarding dates for Budget. '...')['~-:.;D. regarding Old Town ""-[.:'::iE. Sheehan regarding Joint Meeting :'.'-'~', of Trustees. -:... :~, Councilmember Garcla regarding Coppell .......~,??. 'Report by Councilmember Stover regarding Project · : '-,' Graduation. CM06122001 Page 12 of 14 A. Mayor Sheehan reported on the Council Goals that were developed at the Council Retreat held June 9, 2001. B. Mayor Sheehan reported on the Public Hearing she attended regarding the President George Bush Turnpike, Segment IV, which is scheduled to be completed in Summer of 2004. C. Mayor Sheehan announced the dates for upcoming meetings: ' June 18th at 6:00 p.m. Joint Meeting with Coppell ISD. .... ." July 9th at 6:00 p.m. Budget Hearing :..:..'.':-' - July l0th City Council Meeting ..-.: .'.- D. Mayor Sheehan encouraged to atted~i:~' ©ld Town Coppell Flea Market will be hel t, '. 23, E. Mayor Sheehan encouraged ,to ~ ~,:...~e :joint meeting with the Coppell p.m. ~ [~:~;~ T. F. Baseball A., all their COO' -'. · : .' o .'... :*.', '.; :,7'~:',~.:, , ~,';i*~". '.,,..'.~' .~.: "': :: .... Mayor:.:'!~o T~? orl(:.:::*~ ;~,:~authonze the Czty Attorney to pursue:~ av~ e le~~ to obtmn completzon, repmr to, '.'" "'..Ani~helt~,,;cludi~*'but not limited to, filing suit or other . :.....":.'..ap~~te ~ies at law or equiW. Councilmember ~nnell ': :;Z':'?,~;:*:'~a the~bn, the moQon carried 7-0 with Mayor Pro Tem -. :: ':'-'.;~~d Co~ncilmembers G~cia, Peters, R~nes, ~nncll, Stover CMO6122001 Page 13 of 14 Adjournment. There being no further business to come before the City Council, the meeting was adjourned. Candy Sheehan, Mayor ATTEST: . · .-....~.~."_' :.. ': ': ..'-.'¥i-:i;~ !:¥i~" . .. .., i':,:;,'~';.i.i.'''::;.!~!!~I;-II?-'I',:''. Libby Ball, City Secretary .: ' ::':" ~ ~;'"~ ?" ~'~'~' '" '-:'i( ,.J:i~.".~!~~ ' -.~'~ X~d~? -.'?.-~2~:~.':'~ - ' ' ;' ~ '~" · -, :'.?-:b.: .'. ' '2~i:-~-i~? -,~?i,~ .' .; ;"- ' · ..-' ;-'('- . ,.: -'.']~'-- ':;'.?~;~" ....... '.:~;:.f.' - .:' · :-.-'.. :,. . .. -:: ',.-~ ;:.. .::..(?(.~. - .,..~, ~:~'% ~,.' . .::.',';...' '" .' . .,, :.;-.; ' -' :":¥'d :~.'.-.";::;:'48(¢:¢~,' .'' ";'-'-;~'%': . . -.; ...;~',';~ . . ,.,.... - ;"-:.. -.?..'. '-.::-.?,,.. ,,-....:,.¢~,:..-"::~ ':;:';;;: .... ":-'i:;.";~; .~.: :'..' ' ',.. "-:" · . .',; '- . .. ~::;~?:¥ ,: '. ?:...~ . .. .., .,..-3~.::~ - . :: ...~...: , ...?.;. ?':'", ...... . .:-::. '.. ,.:;.;...,.-..,-;~:;: .... . ., .~-.; :'.': ::::-.. CMO6122001 Page 14 of 14 AGENDA REQUEST FORM fl! ITEM CAPTION: Consider approval of a Resolution authorizing the City of Coppell to enter into an Interlocal Cooperation Agreement for operation and maintenance of a traffic signal at I.H. 635 and Belt Line Road and approval of the Interlocal Cooperation Agreement; and authorizing the Mayor to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Director of Engineering/Public Works STAFF COMMENTS: In 1994 the City of Coppell entered into an agreement with the Texas Department of Transportation (TxDOT) for the City to maintain the traffic signal at I.H. 635 and Belt Line Road. At the May 22, 2001 City Council meeting, Council approved the termination of that contract and to allow the City of Irving to take over the maintenance and operation of the aforementioned traffic light. Because the traffic light is within the City of Coppell, the cities of Coppell, Irving and TxDOT must enter into an Inteflocal Cooperation Agreement for operation and maintenance of the traffic signal. Exhibit 1 of the Interlocal Cooperation Agreement is a Resolution from the City of Coppell. The resolution authorizes the Mayor to enter into the Inteflocal Cooperation Agreement with the City of Irving and TxDOT. Staff recommends approval of the resolution authorizing the Mayor to sign the Interlocal Cooperation Agreement and the approval of the InterlocaI Cooperation Agreement. Staff will be available to answer any questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ +k-BID $ FINANCIAL COMMENTS:e~,¥ DIR. INITIALS: [f? FIN. REVIEW~ CITY MANAGER REVIEW: Texas Department of Transportation P.O, BOX 133067 · DALLAS, TEXAS 75313-3067 · (214) 320-6100 June 13,2001 Control: 2374-7- Intedocal Cooperation Agreement for Operation and Maintenance of Traffic Signals Highway: 1/-I 635 Traffic Signal at Belt Line Dallas County Mr. Ken Griffin, P.E. Director of Public Works and Engineering City of Coppell PO Box 478 Coppell, TX 75019 Dear Mr. Griffin: Since the above subject intersection is not in the City of Irving, we are preparing to enter into an Interlocal Agreement between the Cities of Irving and Coppell, and the Texas Department of Transportation to allow TxDOT to reimburse the City of Irving for the operation of the traffic signals at the above location. We are forwarding you a copy of this agreement for your information and will be forwarding you three (3) originals in the near future to be 'signed by your city officials. Please note a city resolution will need to be included as Exhibit "1" to this agreement. Feel free to contact Ms. Melanie Young, P.E., 214-320-6229, if needed. Sincerely, Terry M. Sams, P.E. Director of Transportation Operations Attachment An EqusI OpporTunity Employer RESOLUTION OF THE CITY OF COPPELL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH TXDOT, ICNOWN AS THE 'STATE' AND THEIR ADMINISTRATOR, KNOWN AS THE CITY OF IRVING, FOR THE OPERATION, ADNHNISTRATION AND .MAINTENANCE OF THE TRAFFIC SIGNAL LOCATED AT INTERSTATE 635 AND BELT LINE ROAD WITHIN THE CITY OF COPPELL; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council authorizes the Mayor to enter imo an Interlocal Agreement between TxDOT (Texas Department of Transportation) and their Administrator, 'knoxx.T~ as the City of Irving and the City of Coppell, for operation and maimenance of traffic signals located at I.H. 635 and Belt Line Road within the CiD' of Coppell, as set forth in Exhibit A, which is attached hereto as if set forth in full. SECTION 2. That this resolution shall take effect immediately from and after its adoption and it is so resolved. DULY PASSED and approved by the CiD' Council of the Civ,.: of Coppell, Texas on this the __ day of ,2001. CITY OF COPPELL CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT HAGER, CITY ATTORNEY INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS THE STATE OF TEXAS § COUNTY OF TRAVIS § This Agreement is made by and through the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called "State" or "TxDOT" and the City of Coppell, a municipal corporation, hereinafter called "City" and the City of Ir~,ing, a municipal corporation, hereinafter called "Administrator", acting by through their respective duly authorized officers, as evidenced by Resolution of City and Administrator attached hereto and made a part hereof for all purposes as Exhibit 'T'. WITNESSETH WHEREAS, in accordance with Texas Administrative Code, Title 43, Section 25.5, on the 27th day of May, 1987, the State Highway and Public Transportation Commission, now the Texas Transportation Commission, passed Commission Minute Order No. 85777, authorizing State to install, operate and maintain traffic signals on: (a) highway routes not designated as full control of access inside the corporate limits of cities having a population less than 50,000 (latest Federal Census); and (b) highways designated as full control of access in all cities; and WHEREAS, State has been authorized to maintain certain highway routes within the City by virtue of a Municipal Maintenance Agreement entered into on the 17th day of February, 1995; and WHEREAS, TxDOT, by and through this Agreement and City, are authorizing Administrator to supervise and be responsible for the performance, administration and maintenance of the traffic signals located at IH 635 Frontage Roads with Belt Line Road on the State Highway System that lie within the City in order to repair malfunctioning traffic signals and to improve traffic signal progression within the City; and INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL PAGE I of 7 WHEREAS, the parties hereto have the authority to enter into this Agreement pursuant to Chapter 791, Government Code, and Chapter 221.002, Transportation Code; and WHEREAS, TxDOT and City request Administrator to assume the responsibilities of operating and maintaining the duties of supervising the performance of the signalized intersections, employing personnel, if needed, and providing administrative services necessary to perform the duties, responsibilities and obligations under this Agreement; and WHEREAS, the payment for the performance of the services and functions is made from current revenues available to State, and State has fairly compensated Administrator for the services and functions performed by Administrator; and NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto and to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: AGREEMENT Article I - Contract Period This Agreement becomes effective when fully executed by City, State and Administrator and shall remain in full force for a period of one year from the date of final execution by State and shall be automatically renewed annually for a one-year period unless modified by mutual agreement of all parties or terminated as hereinafter provided. Article II - Administrator's Resl}onsibilities State, City and Administrator agree that Administrator shall have the following responsibilities, obligations and duties pursuant to this Agreement: (a) Administrator shall provide a trained staff to maintain and operate the traffic signals at intersection of IH 635 Frontage Roads with Belt Line Road on the state highway system within the jurisdictional limits of City. INTERLOCAL COOPERATION .AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL PAGE 2 of 7 (b) Administrator agrees that it shall maintain and operate the traffic signals in accordance with the minimum requirements as shown on Exhibit "2" attached hereto and made a part hereof for all purposes. (c) Administrator shall maintain, in a log or diary, all emergency calls and routine maintenance. At a minimum, the log(s) shall indicate the date and time of the call, the repair performed, if any, and the name of the person or entity reporting said call. The log(s) shall be maintained by Administrator for the duration of this Agreement. (d) Administrator shall perform administrative activities and provide administrative service necessary to perform this Interlocal Agreement. (e) Administrator shall prioritize the repairs based upon the public's safety, taking into account such criteria but not limited thereto, the order in which Administrator received the complaint or notice and the amount of traffic at said intersections. (f) The time of response to the traffic signal and the repairs, if any, shall be made as soon as possible. Delays in response or repairs may be grounds for termination of this Agreement. (g) Administrator shall submit State Form 132 Billing Statement or an invoice acceptable to State for payment on a monthly/quarterly/annual basis for payment of services Administrator performs under this Agreement. The amount of payment is provided in Article IV, Compensation. An original State Form 132 or acceptable invoice and four copies shall be submitted to the following address: Texas Department of Transportation Attention: Director of Transportation Operations P. O. Box 133067 Dallas, Texas 75313-3067 (h) Administrator shall maintain a system of records necessary to support and establish the eligibility of all claims for payment under the terms of this Agreement. These records may be reviewed by State at any time to substantiate the payment by State and/or determine the need for an adjustment in the amount paid by State. (i) Traffic signal repair that includes damage to all equipment related to the operation of the traffic signal, caused by crashes, Act of God, negligence of any employees of the City of Irving, its agents or representatives, that require emergency replacement of equipment shall not be included in payments by State to Administrator. For eligibility of payment for emergency replacement of equipment, actual costs shall be submitted to State for review and determination INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAENTENANCE OF TRAFFIC SIGNAL PAGE 3 of 7 of reimbursement eligibility. Negligence of any employee, agent or representative of the City of Irving shall be grounds for denying reimbursement. Article III - State's Res[}onsibilities State, City and Administrator agree that State shall have the following responsibilities, obligations and duties pursuant to this Agreement: (a) State shall pay Administrator for maintenance, operation and labor costs for the services and functions Administrator incurs as provided in Article IV, Compensation. (b) TxDOT shall bear the costs for all electrical power for the operation of the traffic signals covered by this Agreement. These costs shall be billed to TxDOT from the utility companies. (c) State shall make payments to City within thirty (30) days from receipt of City's' request for payment provided that the request is properly prepared. (d) Payment for the addition or deletion of a traffic signal installation shall be made by written amendment(s) and shall be based upon the calculations as shown in Exhibit "3". Article IV - Comoensation State, City and Administrator agree to the following Compensation to be paid to Administrator pursuant to this Agreement: (a) The maximum amount payable to Administrator by TxDOT is $ 1,126.65 per year. Such amount paid to Administrator will fairly compensate Administrator. (b) Calculations for the above lump sum amount shall be shown in Exhibit "3", attached hereto and made a part of this Agreement for maintaining and operating the traffic signal installations covered under this Agreement. Article V - City's Responsibilities State, City and Administrator agree that City shall have the following responsibilities, obligations and duties pursuant to this Agreement: City agrees that they will cooperate with TxDOT and Administrator in Administrator's responsibilities of the services and functions performed pursuant to this Agreement. INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL PAGE 4 of 7 Article VI - Indemnification The Administrator, the City and the State acknowledge that neither is the agent, servant, or employee of the other and each is responsible for the acts and deeds, errors, and omissions of their own employees during the performance of this Agreement. The Administrator, the City and the State further acknowledge that nothing in this Agreement creates, grants, or assigns rights or responsibilities to act as a joint venture, partnership, or agent one to the other. The State makes no representation or warranty and, to the extent allowed by law, shall be held harmless for any act, deed, error, or omission regarding maintenance, operation, accuracy, functionality, or effect of any equipment or information. Article VII - Termination (a) This Agreement may be terminated by any of the following conditions: (1) By mutual agreement and consent of all parties. (2) By State upon thirty (30) days written notice to Administrator and City for failure of Administrator to provide adequate maintenance and operation services for those traffic signal installations which Administrator has agreed to maintain and operate. (3) By State upon sixty (60) days written notice to Administrator and City that State will assume operation and maintenance at the end of the one (1) year period of this contract. (4) By Administrator or City upon one hundred-twenty days written notice to State. (5) As provided hereinbefore in this Agreement. (b) In the event this Agreement is terminated by any of the above conditions, the maintenance and operation of the traffic signal systems shall become the responsibility of State for all City under the 50,000 population. Any state-owned equipment being held by Administrator shall be promptly returned within thirty (30) calendar days to State upon termination of this Agreement. Article VIII - Sublettine Administrator shall not sublet or transfer any portion of the work under this Agreement unless specifically approved in writing by State. Ail subcontractors shall include the provisions required in this contract and shall be approved in writing by State. [NTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL PAGE 5 of 7 Article IX - Subcontracts Any subcontract for services rendered by individuals or organizations not a part of Administrator's organization shall not be executed without prior authorization and approval of the subcontract by State and, when federal funds are involved, the U.S. Department of Transportation. Subcontracts in excess of $25,000 shall contain all required provisions of this contract. No subcontract will relieve Administrator or City of their responsibilities under this contract. Article X - Amendments Changes in the character, costs, provisions, attached exhibits, responsibilities or obligations authorized herein shall be enacted by written amendment. Any amendment to this A~eement must be executed by all parties. Article XI - Successor and Assi~,ns State, City and Administrator bind themselves, successors, assigns and legal representatives to the other party to this Agreement and the successors, assigns and legal representatives of such other party to all covenants and provisions provided herein. Furthermore, Administrator or City shall not assign, sublet or transfer any interests in this Agreement without the written consent of State. Article XII - Le~,al Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity , illegality, or unenforceability shall not affect any other provision thereof and this A~eement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Article XIII - Prior Aereements Su[}erseded This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL PAGE 6 of 7 IN WITNESS WHEREOF, the parties have executed multiple counterparts to effectuate this Agreement. This Agreement becomes effective when last signed. ADMINISTRATOR CITY CITY OF IRVING CITY OF COPPELL By: By: Printed Name Printed Name Title Title Date Date ATTEST: ATTEST: STATE OF TEXAS Executed by and approved for the Texas Transportation Commission for the purposes and effect of activating and/or carrying out the orders, established policies or work programs by the Texas Transportation Commission. APPROVED: By: Jay R. Nelson, P.E. Date Dallas District Engineer Attachments Exhibit 1 Resolutions of City and Administrator Exhibit 2 Traffic Signal Maintenance and Operation Provisions Exhibit 3 Cost Estimate for Annual Maintenance INTERLOCAL COOPERATION AGREEMENT FOR OPERATION AND MAi2NTENANCE OF TRAFFIC SIGNAL PAGE 7 of 7 EXHIBIT 2 TRAFFIC SIGNAL .MAINTENANCE AND OPERATION PROVISIONS The maintaining and operating city agrees to: 1. Unless specifically noted elsewhere in this agreement, the signal timing and operational phasing shall be the responsibility of the city. 2. Inspect the highway traffic signal system a minimum of once every 12 months and replace burned out lamps or damaged sockets as may be required. Police, citizen, or other reports of burned out lamps or other damage, which could jeopardize safety, shall be repaired or replaced as soon as possible after the report, depending on the nature of the report. Otherwise, appropriate steps shall be taken to protect the public. The reflector and lens should be cleaned each time a lamp is replaced. All replacement lamps shall equal the wattage and type of the existing lamp. 3. Keep signal poles, controller pedestals, and foundations in alignment. 4. Keep signal poles and controller cabinets tight on their foundation(s) or pedestal(s). 5. Keep traffic and pedestrian signal heads aligned and properly adjusted. Repair back plates where needed. 6. Check the controllers, conflict monitors, detector units, relays, pedestrian push buttons and detectors a minimum of once every 12 months to ascertain that they are functioning properly and make all necessary repairs and replacements. 7. Keep interior of controller cabinets in a neat and clean condition at all times. 8. Clean reflectors, lenses, and lamps a minimum of once every twelve months. 9. Repaint all corrosive susceptible highway traffic signal components exposed to weather with a non-lead based paint as needed in order to maintain a well kept appearance in the opinion of the Texas Department of Transportation's representative. Plastic signal heads and galvanized and aluminum components are excluded. 10. Group relamp incandescent lamps of all highway traffic signal heads at the expiration of the average rated lamp life or replace the lamps on a bum out basis. 11. Repair or replace any and all equipment that malfunctions or is damaged. EXHIBIT 2 - MAINTAIN AND OPERATE 6-97 TRAFFIC SIGNAL - TYPE R 1-2 12. Provide alternate traffic control during a period of failure or when the controller must be repaired. This may be accomplished through installation of a spare controller, placing the intersection on flash, manually operating the controller, or manually directing traffic through the use of proper authorities. In addition, barricades and warning signs shall be provided in accordance with the requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices. 13. Provide maintenance personnel trained in the maintenance of traffic signal equipment who will be available to respond to emergency calls from authorized parties 24 hours a day, including Saturdays, Sundays, and holidays. 14. Provide the State and local law enforcement agencies the location and respective names and telephone numbers of individuals responsible for emergency maintenance. 15. Document routine observations during the year by trained City personnel of the traffic signal operation at each traffic signal during various times of the day to assure fair distribution of time for all traffic movements (phases) during varying traffic conditions. 16. Check cabinet filter a minimum of once every six months and clean if necessary. Cabinet filter shall be replaced every two years. 17. Document all checks and corrective actions in a separate log book for each intersection. 18. In metropolitan cities where Intelligent Transportation Systems and/or incident management systems are being implemented the signal timing will be the responsibility of the city in cooperation with the Texas Department of Transportation. Traffic accidents, inclement weather, special events, maintenance and construction activities are a few of the causes of nonrecurrent congestion. Nonrecurrent congestion often changes the normal traffic demand patterns. Effective and efficient movement of traffic through the transportation network during periods of nonrecurrent congestion must be considered in the design and operation of all traffic management systems, including traffic signal systems. Priority should be given to freeway or expressway frontage roads when nonrecurrent congestion occurs on freeway or expressway main lanes. 19. Power costs shall be billed directly to the State. EXHIBIT 2 - MAhNTALN AND OPERATE 6-97 TRAFFIC SIGNAL - TYPE R 2-2 EXHIBIT 3 City of Irving, Texas Diamond Interchange Signals with two or more controllers shall be reimbursed at $1,126.65 per intersection per year. Calculations: Maintenance, Relamping, & Painting $446.13 Response Calls $405.38 Quality Control $173.43 Equipment Costs $101.71 Total $1,126.65 t-1 EXHIBIT 3 - COST INTERLOCAL AGREEMENT 06-01 CITY COUNCIL MEETING: Sune 26, 2001 ITEM ITEM CAPTION: Consider approval of an ordinance amending Article 16-4 Floodplain Management Ordinance to adopt new floodplain maps dated August 23, 2001; and authorizing the Mayor to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Director of Engineering/Public Works STAFF COMMENTS: See attached memo. BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: ~N¥c~ DIR. INITIALS: ~ FIN. REVIEW CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: #eng3 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council Members From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works ~ Date: June 26, 2001 RE: Consider approval of an ordinance amending Article 16-4 Floodplain Management Ordinance to adopt new floodplain maps dated August 23, 2001; and authorizing the Mayor to sign. As part of our continued participation in the National Flood Insurance Program we must revise our current Floodplain Ordinance to adopt the new' floodplain maps dated August 23, 2001. Our current floodplain maps are dated April 15, 1994. While there have been some revisions to the 1994 floodplain maps, the 2001 floodplain maps are a complete redo of the maps. The 2001 maps are being produced on a countywide basis and also will be provided at the end of this year in a digital format. The digital format will allow us to insert floodplain information into our GIS System. In addition to revising the Floodplain Management Ordinance to adopt the new maps, I am also recommending several other changes. The following represent the major changes to the existing Floodplain Management Ordinance: 1. Article 2 Definitions - I included a definition for a "Certified Floodplain Manager". This is a person who has met all the requirements of the State of Texas, including passing a x~tten test and maintaining continuing education credits. 2. Article 2 Definitions - I expanded the definition of "Floodplain Administrator" to state that the Floodplain Administrator must be a "Certified Floodplain Manager". The "Certified Floodplain Manager" is a relatively new program within the State of Texas and nationally. The program basically assures that individuals have obtained a certain degree of knowledge associated with floodplain management. An individual must make a grade of 70 or greater on an exam, plus maintain continuing education credits that are verified on a two-year basis. I became certified in the State of Texas in 1996. In 1999, I passed the national certification test and became certified nationally as a Floodplain Manager. At our last conference, it was noted that there are only about 500 nationally Certified Floodplain Managers in the United States. Including a requirement for the Floodplain Administrator to be a "Certified Floodplain Manager" is a recommendation from the board of the Association of State Floodplain Managers. 3. Article 4, Section B.9. - I have included verbiage to clarify that the usage of detention basins is necessary to maintain runoff at pre-developed conditions. 4. Section C - I have clarified that a Floodplain Development Permit is required for the initial reclamation of all floodplain lands. Staff recommends approval of the amendment to the Floodplain Management Ordinance and will be available for questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" Federal Emergency Management Agency Washington, D.C. 20472 HAY 2 2001 CERTIFIED MAIL RETUKN RECEIPT REQUESTED I ~e Honorable C~dy Sheeh~ ]lii~i JUN . Mayor, Ciw of Coppell t~] ~ ~ ~UU1 M 255 p kway Bo le a ] ' Coppell, TX 75019 -. ~..;;_ ,-..<~_ De~ Mayor Sheeh~: We appreciate and commend you for the efforts put forth in implementing your community's floodplain management measures. We would like to take this opportunity to remind you that: · A Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) establishing Base Flood Elevations has been completed for your community; · The FIS and FIRM will become effective on August 23, 2001, and · By that date, our Regional Office staff will have to approve the legally enforceable floodplain management measures your community adopts in accordance with 44 CFR 60.3 (d). The FIS report and FIRM for your community have been prepared in our countywide format, whereby the flood hazard information for all jurisdictions within Dallas County has been combined into one FIS report and FIRM. If the FIRM for your community was computer generated, once the FIRM is published in final format, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Paper copies of the FIRM panels may be obtained by calling our Map Service Center, toll free, at 1-800-358-9616. Copies of the digital files may be obtained by calling our Map Assistance Center, toll free, at 1-877-FEMA MAP (1-877-336-2627). In addition, your community may be eligible for additional credits under the Community Rating System if you implement your activities using digital mapping files. If you should encounter difficulties in enacting the measures, I recommend that you call the Director, Mitigation Division of the Federal Emergency Management Agency (FEMA) in Denton, Texas, at (817) 898-5127. Our Regional Office staff will be happy to provide technic~ assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for your community and 2 will ensure participation in the National Flood Insurance Program (NFIP). The address of the Regional Office is FEMA, Mitigation Division, Federal Regional Center, Room 206, 800 North Loop 288, Denton, Texas 76201-3698. I realize your community may have already contacted our Regional Office staff and may now be in the final adoption process, or may have recently adopted the appropriate measures. If you have not done so, please consider this a formal reminder that you have 3 months let~ in which to adopt the appropriate floodplain management measures and have them approved by our Regional Office staff. Your community's adopted measures will be reviewed upon receipt, and our Regional Office will notify you when your measures are approved. I encourage you to submit your community's floodplain management measures and have them approved by our regional staff by the FIRM effective date to avoid suspension from the NFIP. ly, Margaret E. Lawless Acting Executive Associate Director for Mitigation cc: Mr. Kenneth Griffin Floodplain Administrator NFIP State Coordinator FEMA Region VI Office AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY AMENDING ARTICLE 16-4, FLOODPLAIN MANAGEMENT ORDINANCE; PROVIDING FOR COMPREHENSIVE MANAGEMENT OF FLOODPLAINS IN THE CITY OF COPPELL; PROVIDING A TITLE; SHOWING STATUTORY AUTHORITY; LISTING FINDINGS OF FACT; STATING PURPOSES AND METHODS; DEFINING SCOPE OF AUTHORITY; OUTLINING THE ORGANIZATION OF THIS ORDINANCE; PROVIDING DEFINITIONS OF TERMS; DEFINING LANDS TO WHICH THE ORDINANCE APPLIES; IDENTIFYING AREAS AND METHODS OF DETERMINING SPECIAL FLOOD HAZARDS; ESTABLISHING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR NONCOMPLIANCE; DEFINING PREVAILING RESTRICTIONS; MAKING INTERPRETATION PROVISIONS; PROVIDING WARNINGS AND DISCLAIMERS OF LIABILITY; ESTABLISHING ADMINISTRATIVE AND VARIANCE PROCEDURES, INCLUDING PERMITS; DESIGNATION OF CITY ENGINEER AS ADMINISTRATOR; DEFINING DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR; MAKING GENERAL AND SPECIFIC DESIGN AND PERFORMANCE PROVISIONS FOR METHODS OF REDUCING LOSSES; PROVIDING FOR THE REPEAL OF ORDINANCE 94-639 AND ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Coppell City Code be, and the same is hereby, amended by amending Article 16-4 to read as follows: "ARTICLE 16-4 FLOODPLAIN MANAGEMENT ORDINANCE ARTICLE 1 Adoption and Title, Statutory Authority, Findings of Fact, Purposes and Methods, Scope of Authority, and Organization. SECTION A. Adoption and Title This Ordinance is hereby adopted and shall be kno~xt as the "Floodplain Management Ordinance" of the City of Coppell. SECTION B. Statutory Authority The Legislature of the State of Texas has in the Local Government code and Water Code Section 16.311 et. seq. delegated the responsibility to local governmental units to promote the public health, safety and general welfare of its citizenry for protection against the perils of flood losses and to encourage practices minimizing exposure to flood losses. Therefore, the City Council of the city of Coppell, Texas has enacted this ordinance to establish such regulations. SECTION C. Findings of Fact 1. The riverine areas of the City are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relie£ and impairment of the tax base, all of which adversely affect the public health, safety and general welfare of its citizenry. 2. Among the cause of these flood losses are the cumulative effects of: a. Obstructions in areas of special flood hazards which increase flood heights and velocities, and when improperly placed, damage uses in other areas; b. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage; c. Quick intense overflows of water resulting from combinations of steep slopes, short drainage basins, and high proportions of surfaces impervious to water and unable to absorb runoff; d. Modifications to drainage patterns and displacement of natural vegetation with nonporous surfaces for buildings, roads, and parking; and e. Lack of comprehensive basin-wide planning to manage the riverine floodplains in order to reduce the losses incurred when the inevitable flooding takes place. 3. The riverine areas of the City are a valuable resource to the citizenry in that they provide focal points for development, recreational opportunities, and aesthetic enjoyment potential. 4. As valuable resources and as flood hazard areas, the riverine systems of the City should be managed for the welfare of the citizenry. 2 SECTION D. Purposes and Methods It is thc purpose of this ordinance to promote thc public health, safety and general welfare, and to minimize public and private losses duc to flood conditions in specific areas by managing thc floodplains of thc City. Further, it is thc purpose of this ordinance to establish thc various public and private responsibilities for management of thc floodplains with provisions designed to: 1. Protect human life, health, and property; 2. Minimize expenditure of monies for costly flood control projects; 3. Minimize thc nccd for rescue and relief efforts associated with flooding and frequently undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges; 6. Help maintain a stable tax base by providing for secondary uses and development of floodplain areas (the primary use being conveyance of floodwaters); 7. Insure that potential buyers are notified that property is in an area of special flood hazard; 8. Insure that those who occupy the areas of special flood hazard assume responsibility for their actions; 9. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 10. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 11. Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel flood waters; 12. Control filling, grading, dredging or other development which may increase flood damage; and 13. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION E. Scope of Authorit3· Except as exempted by Article 3, Section A, any person, firm, corporation, business, or public agency proposing "development" within the City is subject to the provisions of this ordinance. SECTION F. Organization of this Ordinance This ordinance is organized into six articles as follows: Article 1- States the adoption, title, authority, findings, scope and organization of the ordinance. Article 2 - Lists and defines various terms used in the ordinance. Article 3 - States the general provisions, bases, and penalties of the ordinance for interpretation, implementation and enforcement. Article 4 - Outlines administrative procedures for the conduct and maintenance of a permit program to manage and regulate the development along and within floodplains. Article 5 - Outlines minimum design and performance standards and criteria required for the management of floodplains and special flood hazard areas. Article 6 - Establishes the effective date. SECTION G. Related Ordinances In addition to this ordinance, the City of Coppell has other ordinances, regulations, and standards and specifications directly or indirectly pertaining to drainage and storm sewer facilities and design requirements. These include but are not limited to the following: City of Coppell Zoning Ordinance; City of Coppell Subdivision Ordinance; City of Coppell Park, Recreation and Open Space Master Plan; City Wide Storm Water Management Study; the City of Coppell Comprehensive Plan, and related standards among others. Developers, builders, engineers, or others involved with new construction or development of lands in the City of Coppell should refer to these documents and to the Code of Ordinances of the City of Coppell, Texas for additional requirements and information concerning stormwater drainage facilities. 4 ARTICLE 2 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage for floodplain management purposes to give this ordinance its most reasonable application. "Administrator" see "Floodplain Administrator." "Appeal" A request for a review of the interpretation of any provision of this ordinance or a request for a variance. "Appeal BoartP The Coppell City Council or a specific board appointed by the Council to hear and decide appeals and requests for variances from the requirements of this ordinance. "Appurtenant structure" A structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. "Area of shallow flooding" A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazartP The land in the floodplain within the City subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-99, or AE. "Backwater" The rise in water surface elevation caused by some natural or manmade obstruction such as vegetation, narrow' openings, bridges, buildings, or fill materials which limit the area through which the water flows. "Base flood" The flood having a one percent chance of being equaled or exceeded in any given year (commonly referred to as the "100-year" flood). It should be noted that the magnitude of the "base flood" is subject to change as the watershed conditions change; thus, the term "base flood" as used in this ordinance may mean either of two floods: (1) the base flood of the effective FIS or, (2) the design base flood. See "Design base flood." "Baseflood elevation" (BFE) The elevation for which there is a one percent chance of being equaled or exceeded. "Basin" The total area from which surface runoff is carried away by a drainage system. Comparable terms in common usage include "drainage area," "catchment area," and "watershed." "Basin" generally refers to a larger system; e.g. the City of Coppell is in the Trinity River Basin. "Basement" Any area of a building having its lowest floor below ground level on all sides. "Breakaway wall" A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "Building" See "Structure." "Certified Floodplain Manager" A person who has met all requirements established by the State of Texas to be designated a Certified Floodplain Manager, including passing a written test and maintaining continuing education credits. "cfs" Cubic feet per second; a unit of discharge used to describe the volume of flow passing a given point in a stream channel. "Critical depth" The condition of minimum specific energy corresponding to the critical state of flow. At the critical state, two alternate depths of flow possible at a given specific energy are in transition and apparently become one. "Critical feature" An integral and readily identifiable part of a riverine, lacustrine, or flood protection system, without which the natural or intended operation provided by the entire system would be compromised. "Cross section" A graph or plot of ground elevation across a stream valley or a portion of it, usually along a line perpendicular to the stream or direction of flow. "csm" Cubic feet per second per square mile of watershed area. "Design discharge" A hypothetical discharge determined, in the case of this ordinance, by scientific study of a fully urbanized watershed to establish a flood which may include, but is not necessarily limited to, low flows, base floods, development (design) base floods, probable maximum floods, standard project floods, or any statistically based mean recurrence interval flood used to meet acceptable design standards for a riverine or lacustrine system. See "Design base flood.". "Design base flood" The one-hundred year mean recurrence interval (100-year) flood which will result during the design discharge from runoff from a fully urbanized watershed. For design purposes in this ordinance, it can be assumed that a 100-year precipitation event will produce a 100-year runoff event. 6 "Development" Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the floodplain management areas of the City. A Floodplain Development Permit is required for all development within a floodplain. "Development permit" See "Floodplain development permit." "Elevated building" A building located in SFHA Zones A1-99, AE, A, AO, AH, X, or D, with the lowest floor elevated above the ground level and above the design base flood by means of pilings, columns (posts and piers), or shear walls parallel to the flow- of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the design base flood and further includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. "Encroachment" Any activity in a floodplain which could hinder the passage of water or otherwise affect flood flows; e.g. fill, buildings, fences and so on. A Floodplain Development Permit is required for all encroachments. "Enclosure" An area subject to flooding which is constructed based upon flood resistant design concepts to create a structure at or above adjacent grade solely for parking of vehicles, essential temporary storage, building access or other real or perceived need which is otherwise impossible to construct outside of flood elevations provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of this ordinance. "Erosive velocity" That average velocity of moving flood waters which will begin to cause erosion of the parent materials of the channels, overbanks, or areas of shallow flooding. See "Maximum permissible velocity." "Equal conveyance alteration" The principle of changing the conveyance at a stream cross section by altering the conveyance lost in each overbank of the section an equal amount. Conveyance is defined in units of cfs as a function of the roughness and the flow area and hydraulic radius at the cross section. "Existing conditions" The floodplain conditions established by a flood elevation study based on land use as of the date of the study completion. "Existing construction" Structures for which the "start of construction" commenced before August 1, 1980. "Existing construction" may also be referred to as "existing structures." "Existing structures" See "Existing construction." "Federal Emergency Management Agency" (FEMA) The Federal agency which administers the National Flood Insurance Program. "Flood" or 'flooding" A general and temporary condition of partial or complete inundation of normally dry land areas from water from any source causing: 1. The overflow of waters normally contained within stream banks, open or closed channels, lakes, ponds, tanks or other storage areas; and/or 2. The unusual and rapid accumulation or runoff of surface waters. "Flood elevation determination" A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level having a one percent or greater chance of occurrence in any given year under existing or design conditions. "Flood elevation study" An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations and/or flood-related erosion hazards under existing or design conditions. "Flood fringe" or 'floodway fringe" The portion of the floodplain outside of the regulatory floodway but still subject to flooding. "Flood Hazard Boundary Map" (FHBM) An official map of the flood areas delineating the boundaries of the flood and related erosion areas having special hazards designated as Zones A, M, and/or E. "Flood Insurance Rate Map" (FIRM) The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City. "Flood Insurance Study" (FIS) The official report of a flood elevation study in which the Federal Insurance Administration and the Federal Emergency Management Agency have provided flood discharges, elevations, profiles, maps, and related flood hazard information of existing conditions in the City. "Floodplain", 'floodplain land" or 'flood-prone area" Any normally dry land area susceptible to being inundated by water from any source (see "flooding") and referenced to some statistical mean recurrence interval, most frequently the 100-year mean recurrence interval floodplain. "Floodplain Administrator" The City Engineer of the City of Coppell is the floodplain administrator for all purposes of this ordinance. The Floodplain Administrator shall be a "Certified Floodplain Manager". "Floodplain Development Permit" A permit which must be obtained by any person before any development begins on land within a floodplain. See "Development" and "Encroachment". "Floodplain management" The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management area" The combination of all floodplain and regulatory' floodways within the jurisdiction of the City, including floodplain land that is not identified on Flood Hazard Boundary Maps or Flood Insurance Rate Maps. "Floodplain management regulations" The zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as this floodplain ordinance), and other applications of police power. The term describes such City, County, State. or Federal regulations, or any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Flood protection system" Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within the City subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes channel improvements, reservoirs, levees or other specialized flood modifying works constructed in conformance with sound engineering standards. "Floodproofing" Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Flood-related erosion" The collapse or subsidence of land along the riverine flow line, or banks, the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding normal and anticipated levels or suddenly caused by an unusually high water level in a riverine or lacustrine environment accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal surge of water from some similarly unusual or unforeseeable event which results in flooding. "Flood-related erosion area management" The operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations. "Floodway" See "Regulatory floodway." "Floodway encroachment lines" The lines marking the limits of the regulatory floodway on Federal, State and City floodplain maps. "44 CFR" The National Flood Insurance Program Regulations, Chapter 1, Subchapter B, of 44 Code of Federal Regulations. Copies are available from the Texas Natural Resource Conservation Commission or the Federal Emergency Management Agency. "Freeboard" A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action at bridge openings, and the hydrological effect of urbanization of the watershed. "Functionally dependent use" A use which cannot perform its intended purpose unless it is located within or in close proximity to water. "Highest adjacent grade" The highest natural elevation of the ground surface at a given location prior to any development on the site. "Independent scientific body" A non-federal technical or scientific organization involved in the study of land use planning, floodplain management, hydrology, geology, geography, or any other related field of study concerned with flooding. "Lacustrine" Of or pertaining to natural or manmade lakes, ponds, or reservoirs. "Land use zoning" The ordinance or master plan of the City which divides an area into districts and, within each district, regulates the use or desired planning for use of land and buildings including the height and bulk of buildings or other structures, and the density of population and general purposes of the buildings. "Levee" A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. "Levee System" A flood protection system which consists of a levee, or levees, and associated structures such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. "Low-Flow" The scientifically determined or assumed discharge to occur in a riverine system during periods of dry weather. May be, but is not necessarily limited to, the stream base-flow, water table discharge, or, for design discharge purposes of this ordinance, assumed as not less than 5-cfs per square mile (*5-csm) of watershed. "Lowest Floor" The lowest floor of the lowest enclosed area of a building (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles or building access, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the 10 structure in violation of the applicable non-elevation design requirements of this ordinance. "Manufactured Home" A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel wailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. "Manufactured Home Park or Subdivision" A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Map" The Flood Hazard Boundary Map (FHBM), the Flood Insurance Rate Map (FIRM) or other official floodplain map of the City approved by the Administrator or issued by the Federal Emergency Management Agency. "Maximum permissible velocity" The greatest average velocity which will be allowed for design of channels. These velocities are variable dependent on depth, parent materials, sinuosity, and silt load (among other factors). For purposes of this ordinance, design of channels, overbanks, and shallow flooding areas shall be based on the maximum permissible velocities of'the City of Coppell Subdivision Ordinance. "Mean annualflooar' Generally defined as the flood having a mean recurrence interval of approximately 2.33 years; defined for purposes of this ordinance as the discharge having a 50% probability of being equaled or exceeded in a given year (the 2-year mean recurrence interval). "Mean sea level" The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which floodplain elevations shown on the City floodplain maps are referenced. "New construction" The development or the "start of construction" commenced on or after the effective date of this ordinance. "One-hundred year mean recurrence interval flooa~' or" 100-year flood" The flood magnitude being equaled or exceeded at a mean recurrence interval of once every one- hundred years. The 100-year flood has a one percent chance of being equaled or exceeded in any given year. See "Base flood" and Design base flood." "Person" Any individual or group of individuals, corporation, partnership, association, utility, or any other entity, including State, County, City, districts or other governmental agencies and departments thereof`. "Probable Maximum Flooar' (PMF) The most severe flood likely to occur from a combination of the most critical meteorological and hydrological conditions that are 11 reasonably possible in the drainage basin according to publications of the National Oceanic and Atmospheric Administration. Usually much greater than the 100-year flood. "Regulatory floodway" The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Remedy a violation" To bring the structure or other development into compliance with these, State, or FEMA floodplain management regulations or if this is not possible, to reduce the impacts of its 'noncompliance. Ways that impacts may be reduced include protecting the structure or other affected areas from flood-related erosion or damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations. "Riverine" Relating to, formed by, or resembling a river, stream, creek, brook, etc. (including tributaries). "Sheet flow area" Overland flow of surface water runoff of shallow depth and evident velocity. See "Area of shallow flooding." "Special Flood Hazard Area" (SFHA) The land in the floodplain area within the City subject to flooding and shown on a FHBM or FIRM as Zone A, AE, AH, AO, or AI-99. "Standard Project Flooc~' The flood established for the design of levees, dams, or similar flood protection structures subject to sudden failure by flood-related erosion. A term used by the U.S. Army Corps of Engineers to designate the most severe flood considered reasonably characteristic of the location being evaluated, excluding extremely rare combinations. Generally 40 to 60 percent of the PMF for the same location. "Start of construction" Either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation, provided the actual start of construction, repair, reconstruction, placement, or other substantial improvement was within 180 days of the permit issue date. Permanent construction does not include land preparation, such as cleating, grading and filling; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of a main structure. "State" The state of Texas and the Texas Water Commission under the Texas Flood Control and Insurance Act (Subchapter I of the Texas Water Code). 12 "Storm Cellar" A space below grade used to accommodate occupants of the structure and emergency supplies as a means of temporary shelter against severe tornado or similar wind storm activity. "Structure" A walled and/or roofed building, a manufactured home, a utility substation, or a gas or liquid storage tank that is principally above ground. "Substantial improvement" Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1. Before the improvement or repair is started, or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either: 1. Any project for improvement of a structure to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Surety" A corporation surety bond, cash, certificate of deposit, or an irrevocable letter of credit. "Ultimate development" The state of full urbanization of all lands within a watershed based upon known or anticipated land uses as established by city zoning or master planning land use maps in all cities and jurisdictions affecting the watershed. "Use" Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land. "Use permit" The permit required before any use may be commenced. "Variance" A grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "Violation" The failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other 13 certifications, or other evidence as required by the Administrator, is presumed to be in violation until such time as that documentation is provided. "Watercourse" A natural or artificial channel in which a flow of water occurs either continually or intermittently. "Watershed" The area from which water drains to a single point; in a natural basin, the watershed is the area contributing flow to a given place or a given point on a stream. "Water surface elevation" The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of lacustrine or riverine areas. ARTICLE 3 General Provisions SECTION A. Lands to Which This Ordinance Applies This ordinance shall apply to all floodplain lands within the jurisdiction of the City, whether or not the land is within an identified special flood hazards area. Provided, however, this ordinance shall apply only to projects which have not, as of the effective date of this ordinance, received conditional approval from FEMA. Projects which have already been reclaimed under a prior conditional letter of map revision (CLOMR) from FEMA, prior to the effective date of this ordinance, shall be considered by the City solely on the basis of regulations in effect at the time of the issuance of the CLOMR from FEMA. Projects which have received a CLOMR from FEMA, but have not begun reclamation, shall be considered by the City solely on the basis of regulations in effect at the time of the issuance of the CLOMR, provided that the reclamation begins within two years of the date of the CLOMR. If the reclamation does not begin within two years, the initial CLOMR will be ruled invalid and a new CLOMR will be required from FEMA that is in compliance with this ordinance. SECTION B. Basis for Establishing Floodplain and Special Flood Hazards The floodplain areas and areas of special flood hazard are identified in the scientific and engineering report entitled, "The Flood Insurance Study for Dallas County, Texas and Incorporated Areas," dated August 23, 2001 which, with its accompanying FIRM's and floodways, and any revisions thereto, is hereby adopted by reference and declared to be a part of this ordinance. Additional master planning maps adopted by amendment to this ordinance and on file in the Floodplain Administrator's Office shall also be considered to be a part of this ordinance. 14 SECTION C. Establishment of a Floodplain Development Permit A Floodplain Development Permit shall be required for all new construction, development, and encroachment including the placement of manufactured homes, within the floodplain management areas of the City to ensure conformance with the provisions of this ordinance. SECTION D. Penalties for Noncompliance No structure or development of land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) for each violation, be required to correct or remove the noncompliance, and each and every day such violation is continued shall constitute a new and separate violation. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION E. Repealing Clause Coppell Ordinance No. 94-639 and all provisions of all other ordinances conflicting with the provisions of this ordinance are hereby repealed. All other ordinances and provisions of such ordinances not expressly in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION F. Abrogation and Greater Restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this ordinance and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION G. Interpretation In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and, 3. Deemed neither to limit nor repeal any other powers granted under State statues. 15 SECTION H. Warning and Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This ordinance does not imply that land outside the area of ultimate development floodplains or special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City, any officer or employee thereof or the Federal Insurance Administration or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION I. Severability If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional; nor shall such unconstitutionality or invalidity have any effect on any other ordinances or provisions of ordinances of the City of Coppell. SECTION J. Savings Clause An offense committed before the effective date of this ordinance is govemed by the prior law and the provisions of the Code of Ordinances, as amended in effect when the offense was committed and the former law is continued in effect for this purpose. 16 ARTICLE 4 Administration SECTION A. Designation of the Floodplain Administrator The City Engineer is hereby appointed Floodplain Administrator to administer and implement this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) by granting or denying development permit applications in accordance with its provisions pertaining to floodplain management. He shall serve at the pleasure of the City Council. His successor shall be appointed by resolution of the City Council. SECTION B. Duties and Responsibilities of the Floodplain Administrator Duties of the Floodplain Administrator shall include, but not be limited to the following: 1. Assure compliance with the minimum floodplain management requirements of the State and Federal governing agencies. 2. Establish, evaluate, disclose and maintain procedures for implementation and enforcement of this ordinance and compliance with these floodplain management regulations. 3. Permit only that development within floodplain management areas which meets planning considerations that: a. Meet the minimum criteria and requirements of this ordinance; b. Are appropriate in light of the probability of flood damage and the need to reduce flood losses; c. Meet acceptable social and economic use of the land in relation to the hazards involved, and; d. Do not increase the danger to human life. 4. Prohibit nonessential or improper installation of public utilities and public facilities in floodplain areas. 5. Prohibit the placement of any nonessential storage, manufacturing, industrial plants or facilities within a floodplain management area. 6. Consider alternatives to development within floodplain areas; make recommendations for the continuation of City development which include consideration for human safety and diversion of development to areas safe from 17 flooding in light of the need to prevent environmentally incompatible floodplain use; and encourage floodprooflng of existing floodplain developments. 7. Make full disclosure to all interested parties that: a. Certain structures are located within floodplain areas; b. Variances have been granted for certain developments or structures; and c. Data is available which shows special flood hazard area and floodplain management area information for the City. 8. Prepare and maintain flood warning and emergency preparedness plans which include: a. Provision for alternative vehicular access and escape routes; and b. Minimum floodproofing and access requirements for schools, hospitals, nursing homes, orphanages, penal institutions, fire stations, police stations, communications centers, water and sewage pumping stations, and other public or quasi-public facilities to enable them to withstand flood damage, and to facilitate emergency operations. 9. Enforce improvements to local drainage within new developments to control increased runoff that might increase the danger of flooding to users of the development or of flood hazards to users or other properties adjacent to, downstream or upstream of the development. This includes the use of detention basins to limit runoff to predevelopment levels. 10. Coordinate City floodplain management programs with State, regional and neighboring community floodplain management programs. 11. Require floodplain development permits for all new construction or development in floodplain management areas of the City. a. Assure that conditional approvals are received from FEMA before a Floodplain Development Permit is issued. Upon written acknowledgement of receipt by FEMA of the required technical data, construction may commence within a floodplain area provided the person performing such development furnishes a written agreement to assume the cost of any modifications noted by FEMA, as a result of their technical reviews, to be required for proper completion. b. Require the developer to submit an as-built technical report of floodplain development conditions as soon as work affecting the floodplain is 18 completed. Encourage the expeditious submittal of the as-built conditions in order to obtain the final letters of map revision fi.om the FEMA. 12. Make submittals to FEMA in compliance with the provisions of this ordinance and the provisions of 44 CFR. 13. Maintain and hold open for public inspection all records including maps, elevation certificates of eligibility, elevations and floodproofing, permits issued, variances, appeals, and so on, as required by or generally pertaining to the provisions of this ordinance. 14. Review' and approve or deny all applications for development permits required by adoption of this ordinance. 15. Make interpretations as needed to determine the exact location of the boundaries of floodplain management areas or special flood hazard areas. 16. Notify the affected communities and the Texas Natural Resource Conservation Commission prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 17. Obtain and reasonably utilize base flood elevation data and floodway data available from a Federal, State, or other source, when those data have not been provided as outlined in Article 3, Section B, in order to administer the provisions of Article 5. SECTION C. Floodplain Development Permit A Floodplain Development Permit shall be required for all new construction, development, and encroachment, including the placement of manufactured homes, within the floodplain management areas of the City. A Floodplain Development Permit will be required for the initial reclamation of all floodplain lands. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on City permit forms or facsimiles thereof, which include drawings (to scale) and technical information sufficient to fully support the compliance of the proposed development with the provisions of this ordinance. These data shall include, but are not necessarily limited to, information which demonstrates the effects of such developments on the floodplain, including impacts on the floodplains, floodways, flood elevations, and velocities within the channel of the 2-year and 100-year mean recurrence interval floods and in the discharges of the effective FIS upstream of, downstream of, and along or through the proposed development, and further, the person making application shall: 1. Show' thc lowest floor elevated to a minimum of two (2) feet above the FIS base flood elevation or to one (1) foot above the design base flood elevation, whichever is higher. In locations of assumed critical depth, the energy gradient shall be used to establish these respective minimum lowest floor elevations. 19 2. Furnish delineations of existing and post-development floodplains. 3. Demonstrate, with technical data, the impacts on the design base flood storage capacity of the floodplain for all developments which include fill within the floodplain. Generally, the following requirements shall be met: a. For drainage areas of 0 to 100 square miles the valley storage reduction shall not exceed 15% for the 100-year flood and 20% for the standard project flood; b. For drainage areas in excess of 100 square miles the valley storage reduction shall not exceed 0% for the 100-year flood and 5%, for the standard project flood. 4. Demonstrate with technical data that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. 5. Demonstrate with technical data that at any point within the City, the cumulative effect of the proposed development when combined with all other existing and approved proposed developments: a. Will not increase the water surface elevations of the design base flood (fully urbanized watershed); b. Will not increase the effective FIS base flood (existing condition watershed) elevations by more than one foot; c. Will not increase the base flood water surface elevations of the FIS. regulatory floodway in effect at the time of application for a floodplain development permit; and d. Otherwise meets the provisions of Article 5 of this ordinance. 6. Prepare technical data for the Floodplain Administrator's review and submittal to the FEMA. 7. Affirm that all necessary permits have been obtained from those Federal (including Section 404 of the Federal Water Pollution Control Act), State, and other local governmental agencies from which prior approval is required. SECTION I). Variances 1. Appeal Board 20 The Appeal Board will hear and decide appeals and requests for variances from the requirements of this ordinance. The City Council will serve as the Appeal Board unless a specific Appeal Board is otherwise appointed by ordinance. 2. Variance Procedures a. The Appeal Board shall hear and render judgment on an appeal when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. b. Any person aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. c. The Floodplain Administrator shall report any variances, including the justification for their issuance, to the Federal Emergency Management Agency upon request. 3. Variance Conditions a. Variances shall not be issued within any designated floodway if any increase in flood levels during the effective FIS base flood discharge would result. b. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that all other conditions of this section (Section D of Article 4) are met, and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. c. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. d. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to, and surrounded by lots with existing structures constructed below the base flood level for cases of exceptional hardship, providing the other relevant factors in Subsection 60.6 of 44 CFR 1.1 have been fully considered. Variances for lot sizes greater than one-half acre contiguous to, and surrounded by, non-complying lots will only be considered with appropriate technical justification. 21 e. Upon consideration of the factors noted, and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance. 4. Prerequisites for Granting Variances a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon: (1) Showing a good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or a conflict with existing local laws or ordinances. c. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. ARTICLE 5 Standards, Provisions, Methods, and Criteria for Flood Hazard Reduction These standards, provisions, methods, and criteria shall apply in all floodplain management areas including areas of special flood hazards and all watercourses originating within or flowing within, through or along the City limits of the City of Coppell for riverine and lacustrine areas whether or not the land is within an identified special flood hazards area and in all areas of potential shallow flooding or sheet-flow flooding regardless of watershed size. All drawings and technical submittals for work within floodplain management areas shall be accompanied by certifications by a registered engineer or surveyor, as applicable, that the data presented are accurate to the best of the certifier's knowledge. Technical data certifications shall include a statement that analyses have been performed correctly and in accordance with sound engineering practices. 22 SECTION A. General Standards The following general standards shall be required for all new construction, development, or substantial improvements: 1. Designed or modified to be adequately anchored to prevent: flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. Constructed by methods and practices that minimize flood damage; 3. Constructed with materials resistant to flood damage; 4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; 5. Water supply systems (including all replacement systems) shall be designed to minimize or eliminate infiltration of flood waters into the system; 6. SanitaD' sewage systems (including replacement systems) shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; 7. On-site waste disposal systems shall be located to avoid impairment to their operation or contamination from them during flooding i.e., waste disposal systems shall not be located within a floodplain management area; and 8. Design standards of all facilities shall be in accordance with the provisions of the "Subdivision Ordinance of the City of Coppell." SECTION B. Specific Standards In all floodplain management areas where base flood, design base flood and special flood hazard area data have been provided, the following specific standards shall be required for all new construction, development, or substantial improvements. Where adequate base flood data are not available, the same specific standards of this section are required; however, the developer shall first determine the ultimate development 100-year floodplain for a sufficient distance to fully evaluate the impacts downstream, through or along, and upstream of the proposed development and present the facts, figures, and results of a technical stud), in a level of detail and scope of coverage similar to the guidelines outlined in Chapter 3 of FEMA document 37, "Flood Insurance Study Guidelines and Specifications for Study Contractors," September, 1985. 23 1. Residential Construction a. The lowest floor (including basement) shall be elevated a minimum of two (2) feet above the FIS base flood elevation or to one (1) foot above the design base flood elevation, whichever is higher. In locations of assumed critical depth, the energy gradient shall be used to establish these respective minimum lowest floor elevations. b. In areas of shallow' flooding (AO/AH Zones), the lowest floor (including basement) shall be elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM or a minimum of 2 feet, whichever is higher. c. A registered professional engineer or land surveyor shall submit a certification to the Floodplain Administrator that the standards of this subsection are satisfied. 2. Nonresidential Construction a. Any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to a minimum of 2 feet above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. b. Nonresidential structures located in areas of shallow flooding (AO/AH Zones) shall either have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM or a minimum of 2 feet, whichever is higher; or, together with attendant utility and sanitary facilities, be designed so that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water and with structural components have the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c. A registered professional engineer shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. d. A record of the certification by a registered professional engineer shall be filed with the Floodplain Administrator. 24 3. Enclosures a. Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. b. Designs for meeting this requirement must be certified by a registered professional engineer, or meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one foot above grade. (3) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes a. Require that all manufactured homes to be placed or substantially improved within a special flood hazards area be elevated on a permanent foundation such that the lowest floor of the manufactured home is a minimum of 2 feet above the base flood elevation or to 1 foot above the design base flood, whichever is greater, and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section A of this Article 5. b. Manufactured homes shall be in compliance with Section B. 1 of this Article 5. 5. Utilities, Bridges, Roadways and other Public Use Facilities a. All public utilities including operational pumps, transformers, switching equipment, and related mechanical and electrical equipment and facilities for sewer, water, gas, electrical, and communication systems shall be located and constructed to minimize or eliminate infiltration and damage during flooding conditions. b. All public utility equipment and bridges shall be designed to remain operable and accessible with a minimum of 2 feet of freeboard above adjacent FIS base flood elevations or the design base flood, whichever is greater. 25 c. Roadways and parking lots shall be designed to remain usable and accessible with adequate elevation above the base flood as follows: (1) A freeboard to the lowest top of curb of two feet in the effective FIS base flood or one foot in the design base flood, whichever elevation is greater, for Freeways and Major and Minor Arterials. (2) A freeboard to the lowest top of curb of one foot in the effective FIS base flood or the design base flood, w'hichever elevation is greater, for Collector Streets. (3) A minimum pavement flow-line elevation no lower than the effective FIS base flood or the design base flood, whichever elevation is greater, for Residential Streets and for Parking Lots. d. Provisions for the containment, treatment and/or removal and disposal of possible spillage or discharge of fuels, hazardous materials, or wastes related to the operation or maintenance of public utilities shall be clearly identified in construction drawings and an emergency operations plan, or an assessment of impacts of release of pollutants of any kind, shall be prepared and approved by the Floodplain Administrator. e. All other provisions of non-residential construction shall apply to public utilities and facilities, including affirmation by a registered engineer that all necessary permits have been obtained as required by Article 4. 6. Floodways a. Encroachments are prohibited within designated floodways, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer is provided, demonstrating that equal conveyance encroachments do not result in any increase in flood levels at any floodplain location and that all other provisions of this ordinance are met during the occurrence of the base flood discharges. b. When a floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the 100 year floodplain until it is demonstrated that either: (1) The cumulative effect of the proposed development will not increase the water surface elevation of the design base flood more than one foot above the August, 1980, FIS, or above the most 26 current effective Flood Insurance Study base flood elevations, whichever is less, at any point within the stream; or, (2) The cumulative effect of the proposed development, will not increase the water surface elevation of the design base flood at any point in the stream above that which would occur without the proposed development. SECTION C. Standards for Subdivisions 1. All subdivision proposals, including manufactured home parks and subdivisions, shall be consistent with all other conditions of this ordinance including the requirements of Article 3, Article 4, and the provisions of all sections of this Article 5. 2. Base flood (including design base flood) elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions if not otherwise provided. 3. All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. 4. All subdivision proposals must have the following note placed on the preliminary and final plat: "Floodplain Development Permit Application No. has been filed with the City of Coppell Floodplain Administrator on ,20 , Floodplain Administrator, · Date." 5. All subdivision proposals shall have the boundaries of the l O0-year floodplain and floodway clearly shown on the preliminary and final plat. 6. All lots within or adjacent to the 100-year floodplain shall have the lowest floor elevation for each building site shown on the final plat. 7. When any part of a subdivision lies within or adjacent to the 100-year floodplain, a permanent bench mark tied to a designated National Geodetic Vertical Datum marker shall be established within the subdivision at an accessible location. The bench mark and tie shall be located and referenced with all pertinent information on the final plat along with a registered public surveyor's seal. 8. When any part of a completed subdivision is within or adjacent to the 100-year floodplain, the following note must be placed on the final plat: 27 "The developer, builder, seller, or agent shall inform in writing, each prospective buyer of subdivision lots or property located within special flood hazard areas of this site that such property is in an identified flood hazard area and that all development must conform to the provisions of the City of Coppell Floodplain Management Ordinance." The v, xitten notice shall be filed for record in the county Deed of Records and a copy of the notice must accompany the application for development permit. 9. All structures placed in areas subject to shallow flooding (AO/AH Zones) or in low areas where ponding of surface runoff or sheet-flow flooding may occur, shall have the lowest floor (including basement) placed at the FIRM specified depth number (in feet if specified), or a minimum of 2 feet above the highest adjacent grade, whichever is higher. Where the direction of sheet flow is towards a building, all areas around the structure shall be sloped away from the structure and the site graded to direct the flow around and away from the structure. SECTION D. Engineering Criteria for Floodplain Management In addition to the provisions of the general and specific standards of this ordinance, the following engineering criteria shall apply to all development within riverine or lacustrine floodplains of the City: 1. Design discharges for evaluation of riverine floodplains in the City of Coppell shall be based on three discharges at the design point, and, in the case of flood protection by levees, a fourth discharge shall be included for design of the levees, as follows: a. The "mean annual flood;" defined for purposes of this ordinance as the discharge having a 50% probability of being equaled or exceeded in a given year (approximately the 2-year mean recurrence interval) as determined by historical data or regional regression equations of the Texas Department of Transportation; b. The design base flood discharge; defined as the discharge having a 1% probability of being equaled or exceeded in a given year (the 100-year mean recurrence interval) from a fully developed watershed. Discharges shall be determined by hydrograph methods for areas larger than 0.25 square miles, by either hydrograph methods or rational formula methods for areas from 6 acres to 0.25 square miles and by the rational formula methods at locations having less than 6 acres of contributing area. 28 c. The low-flow or base-flow discharge; defined as the dry weather flow as determined by historical data or assumed to be no less than 5 csm in this ordinance. d. The standard project flood; defined in this ordinance as the flood which would occur in the event of a 50% PMF as determined by an evaluation of the probable maximum precipitation as outlined in Hydrometeorological Reports 51, "Probable Maximum Precipitation Estimates. United States East of the 105th Meridian" and 52, "Application of Probable Maximum Precipitation - United States East of the 105th Meridian." 2. Alterations of the channel or adjacent floodplain shall not cause the average channel velocities during the mean annual flood to exceed maximum permissible velocities upstream or downstream of the project site. 3. Alterations of the channel or adjacent floodplain shall not result in any increase in water surface elevation, on site, upstream nor downstream of the project site in the fully developed watershed design base flood discharge. 4. No alterations shall occur to the low-flow channel in park or greenbelt areas except as provided for in an approved master plan. If structural pilot channels are approved, the low-flow discharge shall be fully contained within the pilot channel with 6 inches of freeboard. 5. Flood protection offered by proposed levees shall be designed based on the standard project flood plus three feet of freeboard. 6. Alterations of the channel or adjacent floodplain shall not result in average design base flood velocities which exceed the maximum permissible velocities of this ordinance on site, upstream or downstream of the project. a. If off-site velocities in the natural channel are erosive, no increase in velocity shall result at the upstream or downstream erosive velocity location. No exceptions will be made for increases in erosive off-site velocities except as approved by the Floodplain Administrator. b. Exceptions to this rule will be made for erosive velocities within on-site channels for aesthetic or environmental considerations if it can be shown that such velocities are in the best aesthetic or environmental interest, provided sufficient area is designated for flood-related erosion which will occur in the high velocity reach and provided no structures will be adversely affected by such high velocities. 7. Alterations of the floodplain shall occur only if it can be shown that equal conveyance alterations can occur on both sides of the channel and that all other provisions and criteria of this ordinance are met. 29 8. Design of lakes, ponds, stock tanks, detention, or detention/retention facilities shall be based on the discharges and other requirements of the Texas Natural Resource Conservation Commission. 9. Permit applications shall be made to the Floodplain Administrator as outlined in Section C, Article 4, for alterations of the channel or adjacent floodplain and shall include, as a minimum: a. Hydrologic and hydraulic analyses clearly defining existing conditions, proposed conditions and impacts of the project, including work maps and stream profiles upstream and downstream of the site for sufficient distances to demonstrate a match to existing conditions for at least 3 consecutive cross-sections. b. A site grading and drainage plan showing proposed cut slopes, fill slopes, on-site contours, returns to adjacent property contours, existing contours, and the existing and proposed 100-year flood inundation lines. c. The site plans shall include a delineation of landscaped areas showing the general type and extent of landscape materials proposed to remain or be placed within the floodplain. d. A narrative or plan shall be provided which depicts temporary and permanent erosion controls to protect disturbed and post-development floodplain overbank or channel areas: (1) During the period it takes to establish temporary or permanent vegetative cover; and (2) To prevent flood-related erosion during the establishment period and to minimize long term flood-related erosion. e. A narrative describing maintenance requirements to sustain the assumed Manning's "n" values of the technical report data for any channel improvements, the estimated frequency of maintenance, how these maintenance requirements are to be accomplished, by whom, and at what anticipated costs. f. Other such materials as may be required to clearly define the project location, scope, and intended use. g. Evidence of water rights and dam safety permits from the Texas Natural Resource Conservation Commission shall be submitted to the Floodplain Administrator before water can be impotmded in any lacustrine system. 30 ARTICLE 6 Effective Date This ordinance shall take effect August 23, 2001, after its passage and the publication of the caption as the law and charter in such cases provide." DULY PASSED by the City Council of the City of Coppell, Texas, on the day of ,2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY 31 ' ~'~~~,: ~ CITY COUNCrL MEETING: June 26, 2001 ITEM # ITEM CAPTION: Consider approval of Contract for Assessment and Collection Services between the City of Copper and the Coppell Independent School District, and authorizing its execution by the City Manager. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: The Coppell Independent School District approved this contract during the School Board Meeting on May 21, 2001. BUDGET AMT. $ AMT. EST. $ +k-BID $ FINANCIAL COMMENTS: Funds from th±s contract w±ll be recorded in the General Fund Revenue. " DIR. INITIALS: FIN. REVIEV~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: $CISDTAX.DOC CONTRACT FOR ASSESSMENT AND COLLECTION SERVICES STATE OF TEXAS § COUNTY OF DALLAS § WHEREAS, the City of Coppell ("City") and the Coppell Independent School District ("C1SD") desire to enter into an agreement for the City to collect current year and delinquent ad valorem taxes for the District; and WHEREAS. Section 791 of the TEY~$ GOVE~N~.'~Nrr CODE authorizes governmental units, such as cities and school districts, to enter into agreements for the purpose of improving the efficiency and effectiveness of local government; and. WHEREAS, the City and District desire to enter into such an agreement for the mutual benefit of the residents of said City and District to perform administrative functions as set forth herein; NOW, THEREFORE, in consideration of the premises and of the terms, provisions and mutual promises herein contained, the parties mutually agree as follows: SECTION 1. Purpose The purpose of this agreement is to secure the services of the City to collect current year and delinquent ad valorem taxes for the District and to perform related governmental, administrative and legal functions and services related thereto. SECTION 2. Ierm This agreement is for a period of one year. It shall be automatically renewed for additional periods of one year without further action by either party. Provided, however, either party may terminate this agreement at any time with or without cause bv giving the other party ninety (90) days written notice of such termination. Notice shall be addressed to the City Manager in the case of the City, and to the Superintendent of Schools in the case of the School District. Notice may be by facsimile document transfer, certified mail, hand delivery or any other means reasonably calculated to be effective. Notice shall be complete when sent. CO.'.:TRACT FOR ASSESS.'.ffiN-I' AND COLLECTION SERVI.'7. ES - Page 1 41122 SECTION 3. Description of Services The District hereby contracts with the City for the City's Tax Assessor/Collector to perform the statutory functions of Tax Assessor and Collector for the District for the purposes set out herein. The District hereby specifically authorizes and designates the City, its employees, officials and agents to perform any and all acts which the City, its employees, officials and agents determine necessary and proper in the best interests of the District in order to accomplish the sen, ices hereby agreed to be performed by the City. The City, through its Tax Assessor/Collector, hereby agrees to provide the following ad valorem tax-related services: A. The City shall calculate the effective and rollback tax rates in accordance with the Texas Property Tax Code as soon after the July 25th certification date as possible; the District shall be responsible for the cost and responsibility of publication of required notices. B. The District understands and agrees that in the event any costs associated with litigation are incurred, the City and District will share such costs on a pro rata basis in the same proportion to which the respective City and District taxes bear to the total amount sought to be collected by litigation. C. The City shall have responsibility to collect all accounts of the District whether inside or outside of City Limits. D. The City shall have the responsibility of preparing a tax roll based on property values and exemptions certified by the Dallas Central Appraisal District. E. The City agrees to use its best efforts through its own officials and employees and through its legal counsel employed for such purpose, to collect current and delinquent ad valorem taxes for the District beginning with the effective date of this agreement and for prior years' delinquent taxes for the duration of this agreement and in connection with such duty, agrees to provide the necessary supplies, to prepare and mail statements and demand letters, to provide necessary office space, utilities and personnel to accomplish the collection process, provide the necessary storage area for tax records. F. The City shall prepare and mail all statutorily required current and delinquent tax statements, deed transfers and supplements; and mail reminder notices in January of each year, and mail delinquent statements in February of each year. C.'3...xT~'RAC7 FOR ASSESSMENT AND CCLLECT:.CN SER\-'I-.'2ES - Page 2 41122 G. The City shall receive and deposit payment of taxes on behalf of the District and disburse funds daily via wire transfer to the District's designated depositor)..'. H. The City shall provide daily deposit summary reports, provide monthly collection reports and refund listings for the District's approval. I. The City shall have the authority to retain a law firm to represent the City and the District for the collection of delinquent taxes. Provided, how'ever, that City will obtain the advice and consent of the District concerning which law firm is chosen. SECTION 4. Payment for Services The start-up costs for the first year shall be shared on a 50/50 basis by and between the City and the District, not to exceed Twelve Thousand, Five Hundred Dollars ($12,500.00) per entity for the cost of the necessary software, data conversion and other related one time set-up fees. Thereafter, the District shall pay the sum of One Dollar and rifty cents ($1.50) per tax account billed annually by the City on behalf of the District. Such amounts will be due and payable within thirty (30) days after receipt by the District of itemized invoices for such services. All payments made by any party hereto for the performance of governmental functions or services must be made from current revenues available to the paying party. SECTION 5. Audit and Delinquency Ihe Parties further agree to the following: 1. The Parties understand and agree that any financial audit requested bv the District on accounts kept by the City will be paid for by the District. 2. The City shall have a right to bring suit in its own name and in the name of the District for any delinquent taxes to be collected by suit for and on behalf of the District. SECTION 6. Miscellaneous A. This agreement constitutes the sole and only agreement of the Parties hereto with regard to the collection of current year and delinquent taxes and supersedes any prior understandings or written or oral agreements between the Parties respecting the same. Co~, .--R:~CT Fc:.K ASSESSXn:.×-r AND COi_Li£CTION SERVICES -- Page 3 41122 B. Any amendments, alterations, deletions or waiver of the provisions of this agreement shall be valid only when expressed in writing and agreed to be both parties. C. The terms used in this agreement shall be used in accordance with definitions contain in the Texas Tax Code. D. This agreement shall not be effective unless approved by the governing bodies of both parties. SECTION 7. Venue If any legal action is brought under the terms of this agreement, exclusive venue thereof shall lie in Dallas County, Texas. SECTION 8. Serverability In the event any one or more of the provisions hereof shall be held or determined to be invalid, illegal or unenforceable in any respect, such holding shall not affect the other provisions hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. EXECUTED in duplicate originals and effective this __ day of , 2001. CITY OF COPPELL TEXAS COPPELL INDEPENDENT SCHOOL DISTRICT Bv: By: Jim Witt City Manager Title: ATTEST: By: By: Libby Ball, City Secretary C,:.;,_XYRAC-: FOP. AssESS.x-.~_N-r AND COLLECT[ON SERVICES -- Page 4 41122 T H £ C I T Y 0 F COPPEL£ AGENDA REQUEST FORM a ~ . , ,~,~ COUNCIL MEETING: June 26, 2001 ITEM # /0 ITEM CAPTION: Consider award of bid # Q-0301-02 to Texas Unified Constructors for the Construction of the new Coppell Service Center, in an amount not to exceed $3,000,000.00, and authorizing the City, Manager to sign SUBMITTED BY: Brad Reid TITLE: Assistant Director of Parks and Leisure Services STAFF COMMENTS: See attached memo BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: The funds for this contract will come from various sources: Approximately ~730,000 from CIP, Designated Fund Balance $635,000, Water and Sewer Funds $1,300,000~and approximately $335,000 from Undesignated Fund Balance. ./~' DIR. INITIALS: FIN. REVIE~ CITY MANAGER REVIEW: ~, Agenda Request Form - Revised 5...'00 Document Name: %ervctr [' -T H B · ¢ I 1' Y · O F COPPELL PARKS AND LEISURE SERVICES DEPARTMENT CITY COUNCIL AGENDA ITEM Date: June 26, 2001 To: Mayor and City Council From: Brad Reid, Assistant Director of Parks and Leisure Service~ Re: Consider Approval of Bid Number Q-0301-02 to Texas Unified Constructors for the Construction of the Proposed Coppell Service Center, in an Amount not to Exceed $3,000,000.00. Background: Over the last six years, the City's Parks and Public Works staff has expanded significantly to keep pace with the growth of Coppell. Consequently, the current Public Works Maintenance Facility located on DeForest Road is no longer adequate to house the staff, equipment and material storage needs. Additionally, due to the newly constructed adjacent residential neighborhoods, staff is concerned that the existing service facility is will generate complaints about noise and the visual appearance the storage of equipment and materials. City staffs from the departments of Parks and Leisure Services and Public Works have been working with VAI Architects to develop the design and construction documents for a new Service Center. This new center is proposed to be located at the newly acquired city property at the southeast comer of Coppell Road and Bethel. Of the total 42 acres at the location,, the City Council authorized 10 acres to be designated for the proposed Service Center (see the attached site map). The building location was moved away from Coppell Road approximately 300 feet in order to minimize the impact of the facility and to allow space for a possible future railroad depot should the need ever arise. The PD and Minor Plat were reviewed and approved by the Planning and Zoning Commission on November 16, 2000 and by the City Council on December 12, 2000. At that time, City Council asked staff to ensure that the architecture of the facility remains in keeping with the "Old Coppell" style. As a result, the architect was instructed to maintain low, sloping rooflines in lieu of the standard "box" shape of a .typical industrial facility, bringing the scale of the large building down to a personal level. The architect was also instructed to keep costs to a minimum while providing the basic elements necessary for the efficient function of the city operations. The main boding will have offices for the administrative staft~ four vehicle service bays, a conference room, a break/training room, crew locker rooms and areas for storage. There are several "out" buildings also included in the facility. The Parks and Leisure Services Department is required to have a chemical storage and chemical equipment washing building. This building will bring the city into compliance with the Texas Department of Agriculture requirements for storage of pesticides and clea~ng of applicator equipment. Also included in the facility is a large, covered storage building for the Parks and Leisure Services Department. This building was designed to provide protection from the elements, for several hundred thousand dollars of park maintenance equipment and to allow for work areas and material handling/storage spaces. The Public Works Department is requesting a remote Sign and Signal Shop with storage, a Meter Shop with storage and Streets and Utility Division storage. Bids for construction of the new service center were opened on May 15, 2001. Bids were received from five contractors with the base bids ranging from a net high of $3,866,400.00 (AUI Contractors, Inc.) to a net low of $3,182,000 (Texas Unified Constructors, Inc.). One additive bid item is also included in the bid documents to add the irrigation system and landscape to the facility.. Two add alternate items are included as well. Ihe first is to replace the fiberglass asphalt shingle roofing material with a standing seam, galvalum metal roofing system. The second alternate is to replace the specified painting and sealing of the exterior wall finishes with a textured, elastomeric coating with acrylic finish Cost Reduction Measures: In an effort to reduce the overall construction cost for this project, staff approached the apparent low bidder (Texas Unified Constructors) and requested they provide the cost sa,Sngs associated with eliminating the Parks and Leisure Services Covered Equipment Storage building. The savings associated with this reduction is $187,176.00. It is recommended that this item be eliminated from the award. The contractor was also asked for a price to reduce by 1" the thickness of pavement at the parking areas and add lime stabilization. The cost for this addition is $20,202.00. It is recommended this item be included in the award. It is also recommended that add alternate bid item number two be included in the project to utilize the elastomeric coating with acrylic finish on exterior walls. Texas Unified Constructors has agreed to accept award of the base bid, additive alternate number 2, and the change in the paving detail for a total of $3,000,000.00. City. Council Action requested: Award of bid number Q-0301-02, to Texas Unified Constructors, Incorporated, as outlined above, in an mount not to exceed $3,000,000.00. Staff Recommendation: Award of the bid as outlined above BR BID Q-0301-02 FIELD SERVICE OFFICES AND MAINTENANCE FACILITY BID AFFIDAVIT certifies that the bid contained in this bid have been The undersigned prices carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the _Specifications of the Invitation To Bid. The period of acceptance of this bid will be ~C0 calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) STATE OF T~:-y,,A~ ~ COUNTY OF ~,__~oc.c.~ BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared who after being by me duly sworn, did depose and say: "1, ~J~ ~ V... ~ ~*~"ir am a duly authorized officer/agent for '~'~'~,,~5t~',~o ~c~5Tr~,~c'l'o~zS~ [r~ C, and have been duly authorized to execute the foregoing on behalf of the said C,_.Ow~ g/~-~"{ I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and address of Bidder: T'~Y.,q~ I~,~,~,~ (~3~TQ~ cfCo g~ Title: ~ecr ~ ~ Signature: ~~ SUBSCRIBED AND SWORN to before me by the above named on this the }~ dayof~~$ ~' ~~~~ 2001. ' ........................................... ,,,,,,, "--" ., N a Public i d for the Slate of CITY OF COPPELL · PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD · COPP~ [. TEXAS 75019 Page 17 BID FORM lFIELD SERVICE OFFICES AND MAINTENANCE FACILITY COPPELL, TEXAS Date:''ffl/~'~ 15 ,2001 (hereinafter called "Bidder"), a (corporation))),~.. t~.orship) (so~ proprietor'Jaip) (Bidder strike out inapplicable terms). Purchasing Manager of the City of Coppell, Texas (herinafter call "Owner"). 1. The undersigned, in compliance with the "Notice to Contractors" for the construction of Field Service Offices And Maintenance Facility, located at the southeast corner of Bethel and Col}Bell Road at the intersection of Burns Street in Col}Bell, Texas, submit the following Bid. Representations: Bidder hereby represents the Bidder will: A. Accept the provision of the Bidding Documents. B. Enter into and execute a Contract with the owner ten (10) days after Notification of Award ad will furnish the required bonds. C. Accomplish the work in accordance with the Contract Documents. D. This Bid will not be withdrawn from a period ofninety (90) days fi.om the date of Bid opening. E. Time is the essence of this Contract, and that he tmderstands artd accepts the liquidated damages clause stipulated in the Contract Documents. 2. Time of Completion: bidder will commence work upon receipt of a Notice to Proceed from the Owner , ~ and will achieve Substantial completion of the Work as follows: 300 (#) calendar days after the Notice to Proceed Si Date The prospective bidder shall submit along with this Bid Form, the Bid Schedule and the Bid Tabulation Form. A separate Bid Tabulation form is required for each Base Bid item, Additive Bid item and Additive Alternate Bid item. BID SCHEDULE COPPELL, TEXAS ITEM DESCRIPTION AMOUNT Base Bid ltzrn #1 AU labor and materials as outlined in Division 1 -General- R~quirements ad ~h¢ construction docual~s for work elements pertaining ~o all Sitework within ~' of buildiu$ Item ~2 All labor and mat~ia/~ as outlined in Division 1 - ~3~ocral - R~~ and the ~ docume~a £~r work elem~nu pcflaining to fhe SiM' Woter/Sewer Sys~un within $' of building structures. Lump Sum Item #3 All labor a~d materials as outlined in Division ! - General - Requirements and the constr~ion doctm~enu for work the $' llne and fuactioaal fa~'lity. Sum $ /~ Item ~ All labor and ma2riah as outlined in Division i - General- Pa~iuirem~s and th~ consm~on document~ for work eleme~Cs [~xtah~]]8 to ~he C"3~,~ Stomate oUtfacility.to the S' Uae to provide a complete and ftmctional Lt~np Sum S Item #5 All labor zed materials as outlined in Division ! - General- Requirements aald the construction documents for work clements pertainiag tO thc Vehide/Eq~tpment Sturge Buildias out to the S' line 1o provide a ~llplete fac . L-rap Item ~ All hbor :md msteri~ls as outlined in Division 1 - ~e~er~l - Requirements ~d thc construction documents for work elemems pcrt~ining to the $ig~/Vtility Storage Beildlng Additive Bid Item # 1 All labor and materials as outlined in Division 1 - General - Requirements and the construction documents for work elements pertaining to the Irrigation System and Landscaping to provide a complete and functioning facility. Lump Sums Add. Alternate Bid Item # ! All labor and materials as outlined in Division 1 - General - Requirements and the construction documents for work elements pertaining to the Replacement of all fiberglass reinforced asphalt shingle roofing with standing seam gaivalume metal roofing. Lump Sum $ Item 02 All labor and materials as outlined in Division I - General - Requirements and the consu~ction documents for work elements pertaining to the Replacement of exterior painting and seal coat with a textured elastomeric coating with acrylic finish on all exterior walls. Lump Sum $ Additives and Altenates). Lump Sum $. The City of Coppell will review all submitted Bidding Schedules for any unbalancing of bid items. Any submitted Bidding Schedule determined to be unbalances may be considered non-responsible and, hence, cause the bidder to be ineligible for an award. The bidder is hereby notified that the City of Coppell reserves its right to solely award the Base Bid or the Base Bid with either or both the Additive Bid and Additive Alternate Bid items. BID TABULATION FORM FIELD SERVICE OFFICES AND MAINTENAaNCE OFFICES COPPELL, TEXAS DIVISION I General Requirements Total $ [ [ ~ l O0 (~ DIVISION 2 Site Consu'uction Total $ ~'~'"0) O O 0 DIVISION 3 Concrete Total $ ~ DC) I OD L~ DIVISION 4 Masonry Total $ [ O O I ~)O C.) Division s ~et.~s Total $ ~d 0 0a 0O 0 DIVISION 6 Wood and Plastics Total $ t 00 ) 00 C) DIVISION 7 Thermal and Moisture Protection Total $ 7..2.~{ ~){~) ~ DIVISION' Doors and Windows Totals 7~ 00 O DIVISION 9 Finishes Total $ '7-'701 t) 0 O DIVISION 10 Specialties Total $ 7.. ~ t C~ ~) C) DIVISION 11 Equipment Total $ ~ DIVISION 12 Furnishings Total $ d~ ) 0 0 0 DIVISION 13 Special Construction Totals /b tg~O DIVISION 14 Conveying Systems Total $ DIVISION 1.5 Mechanical Totals t..'~ ~'"'~,..) 0 00 DIVISION 16 Elecu'ical Total $ ~ 7~)~ 0 (j(~ (fill in bid item) EXPERIENCE AND REFERENCES FOR SIMILAR PROJECTS Northwest Fire Station 312 McDonwell School Road Colleyville, Texas 76034 Owner: City of Colleyville Fire Depar;,,ent Architect: WHJ Architects $893,822.00 100% Complete Chief Mike Johnson, City of Colleyville F.D. 817-488-6277 Tony Jeffries, Architect 214-349-5558 214-349-2522 Fax HURST SERVICE CENTER 2001 Precinct Road Hurst, Texas 76053 Owner:. City of Humt Architect: Ron Hobbs Architects $2,696,223.00 100% Complete Scheduled Completion: February 2001 Eric Johnson, City of Hurst 817-268-0631 817-788-7324 Fax Ron Hobbs Architect 972-494-0174 972-494-0722 Fax GALE FIELDS RECREATION CENTER 1701 Dairy Road, Embree Park Garland, Texas 75040 Owner: City of Garland Architect: Ron Hobbs Architect $2,163,017.11 70% Complete Scheduled Completion: March 200t ProjectJRefemnces Continued: Ann McGinnes, City of Garland 972-205-2761 972-205-2751 Fax Kathy Thompson, Architect Rep 972-494-0174 972-494-0722 Fax PIANO ANIMAL SHELTER 4028 W. Piano Parkway Piano, Texas 75093 Owner: City of Piano Architect: WHJ Architects $1,752,768.00 60% Complete Scheduled Completion: March 2001 Bill Morris, City of Piano 972-941-7152 972~941-7397 Fax Tony Jeffries, Architect 214-349-5558 214-349-2522 Fax LAKE CITIES FIRE STATION NO. t 275 West Main Street Lake Dallas, Texas 75065 Owner: Lake Cities Fire Depa,;.,ent Architect: WI-IJ Architects $629,777.OO 50% Complete Scheduled Completion: May 2001 Jason Collier, Lake Cities Fire Dept. 940-321-2141 940-497-3455 Jim Wiginton, Architect 214-349-5558 214=349-2522 Fax BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. KNOW ALL MEN BY THESE PRESENTS, that we, Texas Unified Constructors, Inc., 803 E. Main St., #B, Allen, TX 75002 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CiW of Copp~ll Copp~ll, Texas as Obligee, hereinafter called the Obligee, in the sum of m5% of the Greatest Amount Bid Dollars ($ --5% of GA.B.-- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Field Sera, ce Offices and Maintenance Facility VAI Project No. 99080.00 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform theWork covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15th day of May , 2001 ['Witness) - (Principal) (Seal) (Title) David B. ~ey-in-Fact Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. S-186943 (01-97) TRAVELERS CASUALTY AND SURETY COMPAHY OF AiYIERICA TRAVELERS CASUALTY A_ND SURETY COMPANY FARMI~GTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY A.ND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY CO~PANY OF A3IERICA, TRAVELERS CASUALTY AND SURETY COMPJaNY and FARME~IGTON CASUALTY COMPANY, corporations duly organized under thc laws of the State of Connecticut, and having their principal offices in the Cit~ of Hartford, Co',mty of ttartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: David B. Ward, Sharyl A. Markovits, of Frisco, Texas, their true and lawful Attorney(s)- in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instnunent(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other ~vxitings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto not exceeding the sum ofTEN MI£LION ($10,000,000.00) DOLLARS per bond * * and to bind thc Companies, thereby as fully and to the same extent as ff the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in- Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That thc Chairman, thc President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of inderemity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Dixectors at any time may remove any such appointee and revoke the power given klm or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recogmzance, contract of indemnity, or x, xiting obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution ~oted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF Aa~IERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARaMINGTON CASUALTY COb'IPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other v, xitings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (5-OO $ limits) (~6~~~ AGENDA RFQUEST FORM '; ~~~'~ ~ ° CITY COUNCIL MEETING: June 26, 2001 ITEM # / / ITEM CAPTION: Consider approval of an Ordinance calling a Special Election to comider the adoption of a sales and use tax at the rate of one-half of one percent for the purpose of financing authorized programs of the Municipal Education Development Corporation of Coppell for four (4) years and on proposed amendments to the Home Rule Charter; and authorizing the Mayor to sign. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT $ AMT EST $ +¥BID $ FINANCIAL COMMENTS: Funds for the cost of this election will be charged to Mayor and Council Special Projects (01-~01--4240). Dna. ~Nrrm~s: ./,$,-- FIN. ~W:" ~ crr¥ ~^~ ~w:'~.~ Agenda Request Form - Revised 5/00 Document Name: %callelecfion.doc ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD AUGUST 11, 2001 TO CONSIDER THE ADOPTION OF A SALES AND USE TAX AT THE RATE OF ONE-HALF OF ONE PERCENT FOR THE PURPOSE OF FINANCING AUTHORIZED PROGRAMS OF THE MIo~'NICIPAL EDUCATION DEVELOPMENT CORPORATION OF COPPELL FOR FOUR (4) YEARS AND ON PROPOSED AMENDMENTS TO THE HOME RULE CHARTER; MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Senate Bill 607 was passed by the 77t~ Texas Legislature amending the TEXAS LOCAL GOVERNMENT CODE to add Chapter 379A to authorize municipalities to foster economic opportunity, job generation, and capital investment by promoting a favorable business climate, preparing the workforce for productive employment, and supporting infrastructure development through the creation of a municipal development corporation authorized under the statute, funded by the levy of a sales and use tax for the benefit of the corporation authorized by a majority of the voters of a municipality voting in an election called for that purpose; and WHEREAS, the City Council has reviewed the Home Rule Charter to determine the necessity for any amendments thereto; and WHEREAS, the City Council desires to conduct an election on proposed amendments in conjunction with the special election for the adoption of a sales tax and use tax for the purpose of financing authorized programs for the Municipal Education Development Corporation of Coppell; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That a special election is hereby ordered to be conducted on August 11, 2001, at which election all qualified voters may vote "for" or "against" the following ballot proposition: "The adoption of sales and use tax, for a four (4) year period, at the rate of one-half of one percent for the purpose of financing programs to publicly funded educational institutions through the Coppell Educational Development Corporation for the I 41728 promotion of literacy and the development of computer/video technology and foreign languages for a skilled workforce." SECTION 2. The hereinafter proposed amendments to the Home Rule Charter of the City of Coppell, Texas, contained in Exhibit "A" attached hereto and made a part of this Ordinance for all purposes shall be submitted to the City's qualified voters for their approval or disapproval at the special election to be held on Saturday, August 11, 2001. SECTION 3. The notice of the charter election shall be posted on the bulletin board used to publish notice of the City Council meeting, be published in a newspaper of general circulation published in the City and must include a substantial copy of the proposed amendments. Said notice must be published on the same day in each of two successive weeks, with the first publication occurring before the fourteenth day before the date of the election. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and the person posting the notice shall make a record of the time of posting, starting date, and the place of posting, which shall be the bulletin board used to post notice of City Council meetings. SECTION 4. Each charter amendment submitted must contain only one subject, and the ballot shall be prepared in a manner that the voters may vote "for" or "against" on any amendment or amendments without voting "for" or "against" on all of said amendments. Each such proposed amendment, if approved by the majority of the qualified voters voting at said election, shall become a part of the Home Rule City Charter of the City of Coppell, Texas. The ballot propositions for the proposed amendments to the Home Rule City Charter are as follows: 2 41728 PROPOSTION 1 "Shall Article 3, Section 3.01 of the Coppell Charter be amended to increase the terms of office for the Mayor and Council members from two (2) years to three (3) years, beginning with the regular municipal election for May 2002." PROPOSITION 2 "Shall Article 3, Section 3.06 (C) of the Coppell Charter be amended to fill vacancies in the office of Mayor and Council member by special election as allowed by state law." PROPOSITION 3 "Shall Article 7, Section 7.04.D. of Coppell Charter be amended to authorize the City Manger to transfer unencumbered funds in the City budget among departments, offices and agencies within a fund of the City as allowed by state law." PROPOSITION 4 "Shall Section 8.03 of Article 8, and Section 9.02 of Article 9 be deleted, and Article 8, Section 8.01 of the Coppell Charter be amended to authorize the City Council to establish, by ordinance, such boards, commissions, and committees as required by state law and as deemed necessary by the City Council as allowed by state law." PROPOSITION 5 "Shall Article 8, Section 8.04 of the Coppell Charter be amended to eliminate references to boards, commissions, and committees established by the Charter in regard to the rules, conduct, and compensation for City boards, commissions, and committees." SECTION 5. That not later than the twenty-first (21st) day before election day, notice of the special election, which shall contain the location of each polling place, shall be posted on the bulletin board used to post notices of City Council Meetings. SECTION 6. That a substantial copy of this ordinance shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be also be published once in a newspaper of general circulation published within the City, not earlier than the thirtieth (30th) day 3 41728 nor later than the tenth (10th) day before election day. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of said notice, and the person posting notice shall make a record of the time of posting, starting date, and the place of posting. SECTION 7. The special election will be conducted in accordance with an Election Services Agreement between the City of Coppell, Texas and Dallas County, Texas Elections Department in which the City Manager is hereby authorized to execute on behalf of the City. The method of election will be as provided in such contract. SECTION 8. Pursuant to the Election Services Agreement, Elections Administrator of Dallas County shall serve as Elections Administrator for the election. Presiding Election Judges and an Alternate Presiding Election Judge appointed to serve at the polling place shall be those election officials furnished by the Elections Administrator from the list of proposed election judges listed in the Election Services Agreement. SECTION 9. In compliance with Section 271.006 of the 1EX. nS ELECTION CODE, Libby Ball, Coppell City Secretary, is Early Voting Clerk. Bruce R. Sherbert, Dallas County Elections Administrator, will be appointed as the Chief Deputy Early Voting Clerk. Other Deputy Early Voting Clerks will be appointed as needed to process early voting mail and to conduct early voting by personal appearance. SECTION 10. An early voting ballot board shall be created to process early voting results in accordance with Section 87.001 of the TEX.qS ELECTION CODE. The early voting ballot board shall be made up of members appointed in the manner stated in the Election Services Agreement and the Presiding Judge and Alternate Presiding Judge of the early voting board shall be the election officials listed in the Election Services Agreement. 4 41728 SECTION 11. Applications for early voting ballot by mail received by the City of Coppell will be transported by runner on the date received to Bruce R. Sherbert, Early Voting Clerk, Dallas County Elections Department, 2377 North Stemmons Freeway, Suite 820, Dallas, Texas 75207. SECTION 12. The early voting by personal appearance shall be conducted in the Town Center located at 255 Parkway Boulevard, Coppell, Texas 75019 beginning Wednesday, July 25, 2001 and continuing through Friday, July 27, 2001 between the hours of 8:00 a.m. and 5:00 p.m.; Monday, July 30, 2001 through Friday, August 3, 2001 between the hours of 8:00 a.m. and 5:00 p.m.; Saturday, August 4, 2001 between the hours of 8:00 a.m. and 5:00 p.m.; Monday, August 6, 2001 and continuing through Tuesday, August 7, 2001 between the hours of 7:00 a.m. and 7:00 p.m. SECTION 13. In accordance with Section 123.001 of the TEX^S ELECTION CODE, the direct record voting systems approved by the Secretary of State are hereby adopted for use during early voting and election date for the special election on August 11, 2001. SECTION 14. The voting hours for the special election on August 11,2001 will be from 7:00 a.m. to 7:00 p.m. in the Town Center Atrium located at 255 Parkway Boulevard, Coppell, Texas 75019. SECTION 15. The City Secretary shall present the election returns to the City Council which shall canvass the returns and declare the results not earlier than the third (3r'~) day nor later than the sixth (6t~) day after the election in accordance with the TEX^S ELECTION CODE. SECTION 16. That this ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2001. 5 41728 APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (PGS/pgs/tt106/22/01) 6 41728 EXHIBIT "A" ARTICLE 3. THE CITY COUNCIL Sec. 3.04 Number, selection and term. The legislative and governing body of the city shall consist of a mayor and seven councilmembers and shall be known as the "City Council of the City of Coppell, Texas." A. The mayor and councilmembers shall be elected by the qualified voters of the city at large, each of whom, unless sooner removed by the provisions of this charter, PROPOSITION 1 shall serve for a term of twz three (3) years or until their successors have been duly elected and qualified. All members of the City Council, other than the mayor, shall be elected under the place system Each councilmember shall occupy a position on the City Council, such positions being numbered as Places 1 through 7. B. Commencing with the regular municipal election of 2002 counciimembers for Places 1, 3.5. and 7 shall be elected for a term of three (3) years. Commencing with the regular municipal election of 2003 councilmembers for Places 2. 4. 6 and the mayor shall be elected for a term of three (3) years. All members of the City PROPOSITION 1 Council. other than the mayor, shall be elected under the place system. At each regular election of municipal officers in May of each even numbered year. there shall be elected one councilmember for Place I, one councilmembcr for Place 3, one councihnembcr for Place 5 and one councilmember for Place 7, each to serve a two 3'ear term; and at the election of municipal officers in May of each odd numbered year, there shall be elected a mayor for a two year term and one councilmembcr for Place 2, one councilmember for Place .l and one councilmember for Place 6, each roi' a two 3'ear term. Sec. 3.06 Vacancies, forfeiture and filling of vacancies. A. Vacancies .... B. Forfeiture .... C. Filling of Vacancies. If one or more vacancies shall occur less than ninety (90) day:; before a regular city election, no spc, cial election hsall be called, but the remaining members of the council by a majority vote shall appoint a qualified person or persons to fill such vacancy or vacaucies to serve only until the regular city election when such PROPOSITION 2 vacancy or vacancies shall be filled for the remainder of the unexpired termln the event a vacancy occurs in the office of Mayor or Councihnember. a special election shall be called for the earliest date permitted by state law for the purpose of filling such position l'or the remainder of the unexpired term. All vacancies filled by special electiou shall be for the remainder of the unexpired term of the office so filled. ARTICLE 7. MUNICIPAL FINANCE Sec. 7.04 Amendments after adoption. A. Supplemental Appropriations .... B. Emergency Appropriations .... C. Reduction of Appropriations .... D. Transfer of Appropriations. At any time during the fiscal year, the city manager may transfer part or all of any unencumbered appropriation balance among programs PROPOSITION 3 within a departments, offices or agenciesy of the city. Upon written request by the city manager, thc City Council may, by budget amendments, transfer pm-t or all of any unencumbered appropriation balance I¥om one department, office or agency to another. ARTICLE 8. BOARDS, COMMISSIONS AND COMMITTEES Sec. 8.01 Authority. The City Council shall create, establish or appoint, as may be required by the laws of the State of Texas or this charter, such boards, commissions and committees as it deems [ necessary to carry out the functions and obligations of the city. The City Council shall, by PROPOSITION 4 ordinance, prescribe the purpose, composition, functions, duties, accountability and tenure of each board, commission and committee, where such are not prescribed by law 63:' tki'c. c~c, rtcr. 1 Individuals may be appointed to serve on more than one (1) board, commission or committee. The City Council may, by ordinance, consolidate the functions of the various PROPOSITION 4 boards, commissions or committees enumerated in this articleof the city. I The City Council may appoint certain ad hoc committees by resolution. Sec. 8.03. Boards, commissions and conunittccs enumerated. I A. Planning a,d Zoning Cotnmission. There is hereby established a ?lanning and Zoning Commission, whose purpose, composition, function, dutics and tenure shall be as PROPOSITION 4 set out in this chart'er. B. Parks and Recreation Board. The City Council shall appoint a parks and Recreation Board of seven (7) members who shall be qualified voters to work in an advisory capacity to the City Council in the planning and development of parks and recreation facilities and regulations governing their usc. Members of thc Board shall be appointed for two (2) year terms with three (3) members' terms expiring in even PROPOSITION 4 numbered years and 'four ('l) members' terms expiring in odd number6,d years. Members of the board shall elect a chairman each October from their membership and shall meet at 8 the call of thc chairman or at the request of the City Council. The city manager shall appoint a staff representative to the board. C. Library Board. The City Council shall appoint a Library Board consisting of seven (7) members who shall bc qulific, d voters who shall serve for a term of two (2) years with three (3) members' terms expiring in even numbered years and foru I~l) members' terms expiring in odd numbercq years. Members of the board shall elect a chairman each PROPOSITION 4 October t¥om their membership and shall meet at the call of the chairman or at the request of thc City Council. The city manager shall appoint a staff representative to the board. D. Board of Adjustment. The City Council shall appoint a Board of Adjustment consisting of five (5) members and four ('1) alternate incmbcrs who shall serve in accordance with State law. Members of thc board shall be appointed for two year terms with three (3) members' terms expiring in even numbered years. Members of the board shall elect a chairman each October fi'om their membership and shall meet at the call of PROPOSITION 4 the chairman within thirty (30) days of receipt of written notice from anyone aggrieved as a result of thc refusal of a building permit or administrative decision by thc city building official. Rules and regulations of the board ctmsistcnt with the laws of the State of Texas and building codes of thc City of Coppcli. E. Other Boards, Co~nmissions and Committees. The City Council shall have the power and is hereby authorized to create, abolish, establish and appoint such other boards, commissions and committees as it deems nc, cessary to carry out the functions and obligations of thc city. The City Council shall, by ordinance, prescribe the purpose, PROPOSITION 4 composition, functions, duties, accountability and tenure of each such board, commission and committee. The City Council may appoint certain ad hoc committees by resolution. F. Appointment of Boards, Commissions and Committees. Thc City Council shall maize its appointments to all boards and commissions requircxt by this charter and to those establishcxl by the City Council which arc not rc, quircd by the charter. Members of such boards and commissions shall serve staggered two year terms commencing the first of PROPOSITION 4 October. Each year the City Council shall make its appointments to all bom'ds and com~nissions during the month of Stepcmbcr or as soon thereafter as possible. In thc event a vacancy is created on any board or commission required by this charter, tile City Council may fill such vacancy within 30 days of such vacancy. Said appointee shall ~ervc the remainder of the term of thc office vacated. Sec. 8.0_34. General. I A. Open Meetings. All meetings of any board, commission or committee created, established or appointed by this charter or the City Council shall be open to the public, PROPOSITION 4 unless otherwise permitted by law and shall be subject to both current and future laws of the State of Texas concerning public meetings. B. Appeals to CiG' Council. An appeal may be taken to the City Council from any decision of any board, commission, committee or other body except from decisions of the Board of Adjustment and other such boards where the appeal is otherwise prescribed by law. Such appeals shall be perfected by filing a sworn notice of appeal with the city secretary within thirty (30) days from the rendition of the decision of the board, committee or other body. Prior to the institution of any appeal in a court of law by an aggrieved person from a decision of such board, commission, committee or other body, the appeal first must be perfected to the City Council. C. Compensation. Subject to the provisions of any law of the State of Texas er t~:~s / charter to the contrary, all members of any City board, commission, committee or other PROPOSITI~)N 5 body will serve without compensation by may be reimbursed for any necessary expenses as a result of their work. D. Minutes. All boards, commissions or committees of the city shall keep and maintain minutes of any proceedings held and shall submit a written report of such proceedings to the City Council at least once each month. E. Exclusion of Cio' Officers and Employees. No officer of the city nor nay person who holds a compensated appointive position with the city shall be appointed to any PROPOSITION 5 board, commission or committee created or established by this chartcrthe city other than in an advisory capacity. F. Rules and Regulations. All boards, commissions and committees established or created by this charter City Council shall set out their own rules and regulations as approved by the City Council for operation thereof unless specifically prescribed by the laws of the State of Texas, this charter or ordinance. Except as provided by State law, PROPOSITION 5 ordinances creating any board, commission or committee shall provide that if any member is absent from three consecutive regular meetings, such position shall be declared vacant and the vacancy may be filled for the remainder of the unexpired term by the City Council within thirty (30) days after the vacancy occurs. ARTICLE 9. PLANNqNG Sec. 9.02. Plmming and zoning commission. I City Council shall appoint a Planning and Zoning Commission in the manner provid~xt by state lag' and this charter, whose primary duty shall be to recommend to and advise the City Council in carrying out its various duties and functions rcgarding planning PROPOSITION 4 and thc environmental quality as provided by State law, this charter and the ordinances of A. Or,~t'lt~iT. alio~ and Qualificatio~ts. 1. There shall be established a Planning and Zoning Commission which shall consist of seven (7) citizens of the City of Coppcll appointed by thc City Counci. The Council shall, by ordinance, provide a method by which thc members o'f said co~nmissions shall serve staggercxl terms of two 1.2) years. Thc ordinance providing for the establishment and maintenance of thc 10 Planning and Zoning Commission shall provide that the commission elect a PROPOSITION 4 chairman from among its membership each year at the first regular meeting following thc annual appointment of new members. Thc commission shall meet not less than once each month. In the event a vacancy is created on thc commission, the City Council shall fill such vacancy as provided fbr in this '2. Members of the Planning and Zoning Commission shall be residents of thc City of Coppell for at least twelve (12') months next preceding the date of appoitnment, be knowlcxtgeable in the affairs of thc city and bc PROPOSITION4 knowlc, dgeablc in the functions and activities provided for in this article. 3. .'\ majority of the members of the Planning and Zoning Commission shall constitute a quorum. The commission shall not act on any matter with fewer PROPOSITION 4 than four members present ;md qualified to vote. '1. The ordinance adopted by the City Council establishing the Planning and Zoning Commission shall provide that a vote of at least three fourths (3/~1) of all councilmcmbers shall be required to overrule a recommendation of the PROPOSITION 4 Planning and Zoning Commission that a proposed amendment, supplement or change to the zoning ordinance of the city be denied. 5. The Planning and Zoning Commission shall establish rtfies and regulations, PROPOSITION 4 not inconsitcnt with state law or thc ordinances of the city. for thc operation of the Planning and Zoning Commission. B. Duties and Powers of thc Plam~ing and Zoning Commissiot~. Thc Planning and PROPOSITION 4 Zoning Commission shall: 1. Make and re, commend to the City Council a master plan to be used as a guide in considering ordinances of thc orderly development of the city; 2. Review and recommend to the City Council amendments to the master plan; 3. Receive, review and take appropriate ation on all platting and subdivision proposals: and PROPOSITION 4 1. Recommend to the City Council proposed ordinances and amendments to ordinance:; regarding planning, zoning and environmental quality, and rcviwe ordinances and amendments proposed by thc City Council relative to the City Council's planning and zoning function. Such review and recommendation by thc Planning and Zoning Commission must be rc, ccivc, d by the City Council prior to action on the proposed ordinance or amendment. PROPOSITION 4 11 'I' H E C: I T Y 0 F COFFELL AGENDA REQUEST FORM 4 ~ , ~ CITY COUNCIL MEETING: June 26, 2001 ITEM # ~j ITEM CAPTION: Adoption of 2001-2002 Council Goals as developed at Annual Retreat and review of 2000-2001 goals. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +N-BID $ FINANCIAL COMMENTS: ~x~[, DIR. INITIALS: FIN. REVIEW'~ CITY MANAGER REVIE Agenda Request Form - Revised 5/00 Document Name: !Goals COUNCIL GOALS 2001-2002 HIGH Economic Development During 2001-2002 Council and staff, in conjunction with the Economic Development Committee, will evaluate the need for formal staffing of our economic development efforts. We also will continue to explore our relationship with the Coppell Chamber of Commerce in the area of retention and reutilization of building facilities located in the industrial areas of Coppell. Staff will also present to Council economic development hot spots in the community in order to ascertain whether or not the City can play a role in expediting development in those areas. Incentives will also be reviewed again in conjunction with the Economic Development Committee in order to ascertain whether the City is keeping pace with the incentive programs offered by other communities, and whether or not our incentives are achieving our overall goals in terms of industrial development in our community. IMF Continue to identify Infrastructure Maintenance Fund projects, and provide Council with that list in a timely manner, subject to final budget approval and transfer of funds as provided for in this Infrastructure Maintenance Fund Ordinance. Also make a policy determination regarding fund balance to be maintained in the Infrastructure Maintenance Fund. Mass Transit During the next year, education of both the community and Council is a high priority. Community education will revolve around efforts to interact with DART staff on local presentations regarding future DART programs and projects. Council will also explore in more detail the existing DART system in order to familiarize themselves with the various transportation options available through DART. The overall goal will be a non-binding referendum sometime in the next year regarding the City's participation in mass transit in the Metroplex. We also will begin to explore with DART the alternative for a light rail or commuter rail station to be located in the vicinity of Coppell along the Cotton Belt Railroad. Land Acquisition Use City staff will begin to develop a master plan for all existing vacant City land parcels, as well as identifying any additional recreation sites that are available to acquire within the community. City Communication During the next calendar year the City will develop an overall communications plan incorporating all of the City's present methods of communications, including Channel 19, E-Gov, C-LINK, newsletters and utilization of the City's upcoming list serve system. In conjunction with the E-Gov Task Force, the City will also explore the virtual Council Intemet offering. MODERATE GOALS Residential Property Tax Relief This will continue to be a priority to the Council as we begin to explore our budget for the next fiscal year. Entryway Policy & Design Council will continue to explore the entryway policy and design concepts submitted by the City's consultant. Work on that is anticipated to begin in July of this year. This also includes median beautification. -2- GOALS FOR 2001-2002 JUNE 2001 Economic Develooment HIGH 1. Partnership/Staff Rec Director 2. Hot Spots - Use 3. Incentives 4. Retention + Reuse 5. Chamber IMF 1. Project Identification 2. Balance Mass Transit 1. Non-Binding 2. Communication/Education 3. Air Quality 4. Facility Location 5. Council Education (COG & DART) Land Acc~uisition & Use 1. Possible Parcels to Acquire 2. Use of Current Sites City Communication 1. City Communications Plan 2. Channel 19 3. E-Gov 4. Virtual Council/Intemet Residential Prooertv Tax Relief MODERATE Entrvwav Policy & Design 1. Design 2. Beautification 3. Medians VOTES Economic Develooment 6 Staff Reuse 5 4A Hot Spots Urban Center (South Lake) IMF 6 How much Fund Balance Policy Internal/External Repairs Traffic Calming Mass Transit 5 City Land Usage and Acquisition 4 Land Acquisition & Use City Communications 4 Channel 19 $'s Staleness Review Communications Plan Quality of Replay Paperless E-Gov Homestead Exemotion 3 Residential Property Tax Relief Flat Tax Rate 2 Community Events 2 Code Enforcement/Neighborhood Inte~,ritv 1 Evolution Teen Court Senior Services 1 Transportation Location - Lease v. purchase Planning Emolovee Retention 1 Old Coooell Study Non-Smokin~ Citv Charter 3-year Term Limits City Council - Times Boards and Commissions Financial Stuff Air Oualitv Solutions Urban Center 5 Incentives North Lake Heatlev Moist Carter Crowlev North Service Center Samuel - School Baotist Foundation Bark Park CITY MANAGER'S REPORT A. Report regarding Water Use. B. Report regarding Skateboards. C. Report regarding Youth League Sponsorship Fund. CITY MANAGER'S REVIEW: ' MEMORANDUM Date: June 4, 2001 To: Coppell City Council From: Vice Chairman, Coppell Park Board RE: Park Board recommendation for Pepsi Contract Youth League Sponsorship Fund and Volume Incemive Fund payment for June 2000- May 2001 Youth League Sponsorship Fund In accordance with the agreement between the City of Coppell and Pepsi Bottling Group, the Park Board recommends that the following Sports associations be paid the Youth League Sponsorship Fund for the agreement year ending May 31, 2001 according to paragraph 5.(f) of the agreement. The Park Board recommends the $10,000 Youth League Sponsorship Fund be divided among all members of the Coppell Sports Council based on the number of youth players participating in each association's program as indicated by the table below. Percentage of players participating to be applied to the Youth League Youth League Number of Sponsorship Sponsorship Fund Coppell Sports Council Associations players Fund payment Para 5. (f) Coppell Youth Soccer Association {CYSA) 2,703 57.88% $5,788.01 Coppell Baseball Association (CBA) 1,215 26.02% $2,601.71 Coppell Girls' Softball Association (CGSA) 296 6.34% $633.83 Coppell Youth Football Association (CYFA) 242 5.18% $518.20 C~oppell Family YMCA Baseball/T-Ball {YMCA) 119 2.55% $254.82 Coppell Lacrosse Association (CIA) 95 2.03% $203.43 Coppell Tennis Association (CTA) 0 0.00% $0.00 Total I 4,670 100.00% $10,000.00 I Notes: To be eligible Youth Sports Associations must: a. Be a member of the Coppell Sports Council I b. Play sport on city owned or managed land/facility and c. Pay the city sports user fee. I Volume Incentive Fund If the Volume Incentive Fund's Ia Agreement Year ballpark sales goal of 1,200 cases is achieved as of May 31, 2001, the Park Board recommends that all Coppell Sports Council member associations who have purchased Pepsi products be eligible to receive the incentive fund payment according to paragraph 5.(g) of the agreement. The Volume Incentive fund should be paid to each eligible association based on the amount of products that each association purchased. Rene' Lawson Vice Chairman, Coppell Park Board June 4, 2001 Pepsi Contract Funds to be Paid to Sports Associations Background: On June 9, 2000 the Cit!: of Coppeli and The Pepsi Bottling Group entered into an exclusive promotional, advertising, and beverage availabili~, rights agreement applying to "all athletic fields and/or complexes, parks and recreation facilities owned and operated by the CiB~''. Within this agreement there were two funds identified which will be paid to the sports associations--the Youth League Sponsorship Fund and the Volume Incentive Fund. Youth League Sponsorship Fund Paragraph 5 (0 of thc original agreement states: Youth League Sponsorship Fund: In addition to other sums hereunder, thc Company agrees to pa!' One Hundred Thousand Dollars ($100,000.00), payable in annual installments of Ten Thousand Dollars ($10,000.00) to the CiB: for the Youth League Sponsorship Fund (the "Sponsorship Funds"). The Park Board shall, by July 1~t of each year, provide the Mal-or and Council with a list of those Sports Associations who shall share in the proceeds of the Youth League Sponsorship Fund. In return for this sponsorship funding, these leagues agree to purchase beverages only from the Company and not to sell an5.' competitive products through the league operated concession stands." The amended agreement signed October 1, 2000 added these performance management clauses to paragraph 5_. (f): 1) That upon the failure of the City to provide bv no later than May 25, 2001 the full service concession stand as definedt.. the Company. would establish a '1.5% reduction in' funding for every. 1% reduction in Target Sales Volume ~dth a maximum funding reduction of 50%. Regardless of volume, annual funding between the Exclusive Rights Fees and Youth League Sponsorship Fund would be no less than Twenty Thousand Dollars ($20,000). 2) That the company will reduce it's funding commitment for the first year from Forty Thousand Dollars ($40,000) to Thirty Thousand Dollars ($30,000). This re¥ised funding commitment will be recouped by withholding commission checks until more than Ien Thousand Dollars ($10,000) in commission has been earned by the city. The Company shall provide monthly reports showing commissions earned until the Ten Thousand Dollar ($10,000) balance has been achieved under the terms of the Agreement and Amendment. 1Concession stand shall be a fully staffed quick service food and beverage service providing a variety of hot and cold items including but not limited to hamburgers, hot dogs, pizzas, sandwiches, chips, crackers and candy. Volume Incentive Fund The amended agreement signed October 1, 2000 revised paragraph 5. (g) to read: If the City purchases the minimum number of beverages as set forth below from the Company, (not including the full sm, ice vending sales), the Company agrees to pal, an additional bonus of one dollar ($1.00) per case for ever5..' case of beverages purchased in that 5'ear ("Volume Incentive Fund"). The Volume Incentive Fund shall be paid no later than thirty (30) days after the close of the Agreement year based on the following formula. If either the Aquatics or Ballpark incentives are attained, the Volume Incentive Fund shall be paid,, on only that volume. For example, ff the Ballparks meet the sales minimum below, but the Aquatics Center docs not, then the Volume Incentive Fund would be paid on the sales at the Ballparks. Aquatics Center Ballparks 1~ Agreement Year 3,000 1,200 2"a Agreement Year 3,500 2,400 3'a through 10th Agreement Year 3~800 2,400 Discussion: The Youth League Sponsorship Fund of $10,000 will be paid to the City on May 31 ~t each year starting in 2001. The Park Board shall make a recommendation to CiW Council each year. The $10,000 of the Youth League Sponsorship Fund will be distributed by Cit?- Council to the Sports Associations based on the Park Board's recommendation. The agreement has no other fund distribution guidelines. Based on information fi.om the City Manager and the City Attom~..' on Feb 13, 2001, the distribution of the Youth League Sponsorship Fund is at the discretion of the CID,. There was never any discussion or conditions presented during the contract negotiation that set any prerequisites to whom the fund would be paid or how the money would be distributed. All guidelines to distribute the fund were left to the recommendation of the Park Board. The Volume Incentive Fund is paid to the City annually for purchasing the minimum incentive targets. The fund pays $1 per case ffsales meet or exceed the assigned incentives. The amended Agreement established separate Volume Incentive Fund incentives for the Aquatics Center and Ballpar -ks. Ballpark incentives are fi.om purchases for concession stands operated at rields used by the sports associations. Th__~e incentives for the Aquatics Center and Ballparks are independent of each other to qualify for the Volume Incentive Fund. The minimum amount for the Volume Incentive Fund is $3,000 for the Aquatics Center incentives and $1,200 for the Ballpark incentives. There is no cap on the maximum amount to be paid by this fund. Although the mechanics of the pas~nent are unknown at this time, the city has decided to give the mon~, received from the Volume Incentive Fund (Ballpark) to the sports associations. Pepsi Contract subcommittee: A Park Board subcommittee was assigned to develop a plan to dis~ibute the mon~' from these Pepsi agreement funds. The subcommittee's recommendation was reviewed and approved by the Coppell Sports Council before later being accepted by the Park Board. Park Board Recommendation: Youth League Sponsorship Fund should be paid to Youth Sports Associations who: a. Are members of the Coppell Sports Council and b. Play a sport on cit3,: oaaed or managed land/facility and c. Pay the city sports user fees. The Youth Sports League Sponsorship Fund should be used to provide sponsorship to all quali$'ing Youth Sports Associations. The Sponsorship Fund should be distributed on a pro rata basis based on the number of youth players participating in each youth sports association. A complete listing of al associations with the number of youth players reported is provided in the Park Board recommendation. Volume Incentive Fund payment: According to paragraph 5~ g) of the agreement, the Volume Incentive Fund (Ballpark) should be paid to Coppell Sports Council member associations who have purchased Pepsi products. The Volume Incentive fund should be paid to each eligible association based on the amount of products that each association purchased under the contract. Scott Williams Park Board Pepsi Con~act subcommittee ~ ~'~'~?~ ~',~' ~ COUNCm ~/m~.TING: June:~6,200~ ITEM # /~" MAYOR AND COUNCIL REPORTS A. Report by Mayor Sheehan regarding USOC 2012 Update. B. Report by Mayor Sheehan regarding TML Legislative Briefing. C. Report by Mayor Sheehan regarding Coppell International Music Exchange. D. Report by Mayor Sheehan regarding 4th of July Parade. E. Report by Mayor Sheehan regarding Old Town Coppell Flea Market. F. Report by Mayor Sheehan regarding Denton County Transportation Authority. G. Report by Councilmember Peters regarding update on the E-Gov Task Force. CITY MANAGER'S REVIEW: