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CP 2001-07-26 NOTICE OF CITY COUNCIL BUDGET WORKSHOP AND EXECUTIVE SESSION AGENDA JULY 26, 2001 CANDY SHEEHAN, BILL YORK, Place 7 Mayor Mayor Pro Tern GREG GARCIA, 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: Work Session 6:00 p.m. 2nd FI. Conf. Room (Open to the Public) Executive SessionImmediately following 2nd FI. Conf. Room (Closed to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Special Called Budget Workshop and Executive Session on Thursday, July 26, 2001, at 6:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. 2. General Fund Review. A. Final Valuation. B. Fund Balance. C. Constitutional Amendment regarding Business Inventory. ag072601 Page I of 3 ITEM # ITEM DESCRIPTION 3. Debt Service Fund Review. 4. Infrastructure Maintenance Fund Update. A. Project Identification. 5. Review of 379A Articles of Incorporation and By-laws. 6. Review and discussion of Old Coppell consultant proposals. EXECUTIVE SESSION (Closed to the Public) 7. Convene Executive Session A. Section 551.074, Texas Government Code - Personnel Matters. 1. City Manager Evaluation. Adjournment. Candy Sheehan, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this day of , 2001, at Libby Ball, City Secretary ag072601 Page 2 of 3 PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, 0 en cualquier junta oficial de politica en la ciudad de Coppell. ag072601 Page 3 of 3 2001-2002 Budget Notebook Master Index Green Tabs Budget Workshop, July 26, 2001 . .' '. ~ ~i' ~."i Budget Workshop, July 9, 2001 Green Tabs Budget Workshop, June 18, 2001 Budget Workshop, June 4, 2001 Red Tabs Homestead Update, March 6, 2001 Blue Tabs Budget Workshop, February 10, 2001 Budget Workshop July 26, 2001 6:00 p.m. Town Center 2nd Floor Conference Room I. General Fund Review II. Debt Service Fund Review III. Infrastructure Maintenance Fund Update Review of 379A Articles of Incorporation and By-laws V. Review- and discussion of Old Coppell consultant proposals NOTICE OF CITY COUNCIL BUDGET WORKSHOP AND EXECUTIVE SESSION AGENDA JULY 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 WlTT, City Manager MEETING TIME AND PLACE: Work Session 6:00 p.m. 2"d FI. Conf. Room (Open to the Public) Executive SessionImmediately following 2nd FI. Conf. Room (Closed to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Special Called Budget Workshop and Executive Session on Thursday, July 26, 2001, at 6:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. 2. General Fund Review. A. Final Valuation. B. Fund Balance. C. Constitutional Amendment regarding Business Inventory. ag072601 Page I of 3 ITEM # ITEM DESCRIPTION 3. Debt Service Fund Review. 4. Infrastructure Maintenance Fund Update. A. Project Identification. 5. Review of 379A Articles of Incorporation and By-laws. 6. Review and discussion of Old Coppell consultant proposals. EXECUTIVE SESSION (Closed to the Public) 7. Convene Executive Session A. Section 551.074, Texas Government Code - Personnel Matters. 1. City Manager Evaluation. Adjournment. Candy Sheehan, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this day of , 2001, at Libby Ball, City Secretary ag072601 Page 2 of 3 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. ag072601 Page 3 of 3 CERTIFICATION OF APPRAISAL ROLL Year: 200]. ~--. Jurisdiction: CITY OF COPPELL In accordance with the requirements of the Texas Property Tax Code, Chapter 26, Section 26.01, paragraphs (A) and (B), the following values are hereby certified: Market Value of all Real & Bus Pers Prop Before Qualified Exemptions* $3,893,193,070 Taxable Value of all Real & Bus Pers Prop After Qualified Exemptions $3,230,886,089 In accordance with the requirements of the Texas Property Tax Code, Chapter 26, Section 26.01, paragraphs (C), the following values are hereby certified as disputed values and are not included in the above totals: Market Value Taxable Value Values under protest as determined by the Appraisal District $42,009,300 $41,913,512 Market Value Taxable Value Values under protest as claimed by property owner or estimated by Appraisal :$21,669,520 $21,579,020 District in event property owner's claim is upheld I, Foy Mitchell, Jr., Director/Chief Appraiser of the Dallas Central Appraisal District, do hereby certify the aforementioned values and totals to the taxing jurisdiction indicated above, in accordance with the requirements of the laws of the State of Texas. Dallas Central Appraisal District Witnessed this 25th day of July, 2001 '". ..... :'~'~'~ °:;-~:ic. St;re O! Texas', .! -...-..... ~ -. ..... · '.":~: :,~y ';.c.-~:%~si=n Expires :';? ,' Notary Public, Dali County, Texas · .', O:.~,'-O,.t/2005 · Total Value of New Construction $152,389,902 (Included in Certified Market Value above) 2949 N. Stemmons Freeway, Dallas, Texas 75247-6195 (214) 631-0520 ~--~' CERTIFICATION OF APPRAISAL ROLL Year: 2000 Jurisdiction: CITY OF COPPELL In accordance with the requirements of the Texas Property Tax Code, Chapter 26, Section 26.01, paragraphs (A) and (B), the following values are hereby certified: Market Value of all Real & Bus Pers Prop Before Qualified Exemptions* $3,350,238,860 Taxable Value of all Real & Bus Pers Prop After Qualified Exemptions $2,939,49¢, 076 In accordance with the requirements of the Texas Property Tax Code, Chapter 26, Section 26.01, paragraphs (C), the following values are hereby certified as disputed values and are not included in the above totals: Market Value Taxable Value Values under protest as determined by the Appraisal District $21,612,950 $21,022, ¢6¢ Market Value Taxable Value Values under protest as claimed by property owner or estimated by Appraisal $18,271,870 $17,681,38¢ District in event property owner's claim is upheld I, Foy Mitchell, Jr., Director/Chief Appraiser of the Dallas Central Appraisal District, do hereby certify the aforementioned values and totals to the taxin9 jurisdiction indicated above, in accordance with the requirements of the laws of the State of Texas. Dallas Central Appraisal District Witnessed this 25t. h day of July, 2000 '" · '-'- , .. .... ~ Notary Public, Dallas County, Texas ' - - f~'! _- _-~'-: · Total Value of New Construction $199,421,229 (Included in Certified Market Value above) 2949 N. Stemmons Freeway, Dallas, Texas 75247-6195 (214) 631-0520 rn co o o~ o ~o~o ~ o~ o o City of Coppell Estimated Ad Valorem Tax Collections and Proposed Distribution Fiscal Year 2001-2002 Assessed Valuation for 2001-02 (100%) $ 3,252,465,109 Proposed Tax Rate 0.64860 Revenue from 2001-02 Taxes 21,095,489 Estimated Collections 99.00% Total Estimated Funds Available $ 20,884,534 Proposed Distribution of Tax Collections TAX RATE PERCENTAGE PER $100 AMOUNT General Fund 67.49% $ 0.43777 $ 14,095,933 Bonded I nd ebted ness 32.51% O. 21083 6,788,600 100.00% $ 0.64860 $ 20,884,534 Taxes Levied and Collected CUMULATIVE PERCENTAGE TAX YEAR COLLECTION TAX LEVY COLLECTION 2000 Through June 30, 2001 99.30 % $19,079.465 $18,946.369 1999 99.43 $16,760,186 $16,666.238 1998 99.~ 14,381.397 14,301,689 1997 99.86 13,303.881 13.285.615 1996 99.88 11,325.810 11,313.225 1995 99.8: 10,193,846 10,174,962 1994 99.78 8,9A2.904 8,923.821 1993 99.82 7,8i0.464 7,797,011 1992 99.7~ 6,964.346 6,946,734 1991 99.89 6,424,954 6,417.919 1990 99.88 5.746.226 5,739,448 1989 99.87 4,897.077 4,891.150 1988 99.63 4.811.743 4,794.375 1987 99.76 4,496,106 4,485.241 1986 99.96 4,011,216 4,009,691 1985 99.95 1,720.150 1,719.411 1984 99.96 780,627 780,339 1983 99.99 555,559 555.491 1982 99.8! 417,616 416,830 1981 99.97 284,380 284,291 2001 PRELIMINARY VALUATION ESTIMATE As of 5/16/01 2001 Preliminary Est. 3.611,799,855 2000 Certified Value 2.947,038,759 Valuation Increase 664,761.096 Percentage Growth 22.56% Est. Valuation at Additional Taxable Value Est. % Certification Loss at Certification Growth 11 yr. Average Decline -4.59% 3.446,0!81242 0 3.446,018,242 16193% From Prelim.-to-Cert. Highest % Decline -9.95% 3,252,465.109 0 3.252,465,109 10.36% Lowest % Decline -2.19% 3,532,701.-~38 0 3.532.701.438 19187% HISTORICAL DATA Original Prelim. Certification Value Valuation Tax Year Value Report Report (7/25) Loss Percent Change 200i 3.611,799.855 3.252.4651109 (359,334,746) -9.95% 2000 3.076.491.869 2,947.038.759 (129,453.110) -4.21% 1999 2.796.072.791 2.588.09'..578 (207.9811213) .7144% 1998 2.390.025.212 2.275.968.398 ~!14.C~56.814) .4.77% 1997 2.360.218.573 2.005.725.536 ~ 54..:t'-33.037 ) .2.65% 1996 !. 742.129.900 i .701.189.-'3"8 (40.943.052) .2.35% 1995 1.590.995.441 1.534.334.974 (56.660.467) .3.56% 1994 1.385.648,294 i. 339.595.5-'5 (46.052.7`"9) · 3.32% 1993 1.159.296.829 1.133.9C6.263 (25.39C.566) .2.19% 1992 i .057,211.744 999.17.". 380 (58.037.664) · 5.49% 1991 998.432.713 953.241.850 (45.190.863) -4.53% Average -4.59% City of Coppell Walkforward of Fund Balance General Fund As of July 26, 2001 Beginning Fund Balance 10-01-00 $ 10,715,196.00 Add: Budgeted Revenues FY 01 26,750,325.00 Less: Budgeted Expenditures FY 01 (26,718,823.00) Projected Fund Balance 09-30-01 10,746,698.00 Identified Projects: 10% Reserve of FY 02 Budget (2,843,894.30) Designated Fund Balance - E911 (756,000.00) Designated Fund Balance - ADA 0.00 N. Service Center (935,000.00) Possible shortage from CO Issue 0.00 Designated for SH 121 (400,000.00) Designated for IMF (1,500,000.00) Designated for Tax Stabilization (3,000,000.00) Undesignated, Unreserved Fund Balance $ 1,311 ;803.70 Add: Budgeted Revenues FY 02 29,386,556.00 Less: Budgeted Expenditures FY 02 (28,438,943.00) Projected Fund Balance 09-30-02 2,259,416.70 Does not include the one time allocation of' sales tax. Does not include temporaD' funding for Bethel Road. The City of Coppell General Fund Revenue Summary Actual FY 01 Budget FY 02 Budget Description 1999-00 Amended Proposed Ad Valorem - Current $ 10,925,931 $ 12,310.388 $ 14,095,933 Ad Valorem Delinquent 21,735 77,000 30,000 Penalty and Interest 40,311 45,000 30,000 Roll Back Tax 35,790 81.757 0 Total Property Tax 11,023,767 12,514.145 14,155,933 Transmission Li ne Fee 30,379 51,626 52,000 Franchise- Electric 1,226,680 1,350,000 1,435,000 Franchise. Telephone 141,443 154,000 160,000 Franchise - Gas 171,063 175,000 200,000 Franchise - Solid Waste 298,861 324,000 325,000 Franchise- Cable 187.614 194.400 227,000 Total Franchise Tax 2,056.040 2,249.026 2,399,000 W/S Reimbursement 2,822,658 2,726.988 3,000,000 Sales Tax 3,284,087 3,835.000 4,481,000 Municipal Court Fines 1.028,497 1,561.100 1,700,500 Recreational Fees 786,577 954.700 950,000 Building Permits 1,055 595 825,000 1,000,000 Zoning/Subdivision Fees 41 283 36.000 36,000 Street Lighting/Sign Fees 7 386 10,000 15,000 Contractor Registration 23 300 25,000 25,000 Street Cut Fees 17.600 13,000 15,000 Library Fees 20.465 25,000 25,000 Health Permits 18.550 16.000 20,000 Licenses 34.040 34,000 34,000 Alarm Permits 33.770 30.000 20,000 Animal Control 20,171 20,000 20,000 Construction Fees 314.841 200.000 200,000 Total Fees and Permits $ 2.373,578 $ 2,188.700 $ 2,360,000 The City of Coppell General Fund Revenue Summary Actual FY 01 Budset FY 02 Bud§et Description 1999-00 Amended Proposed E911 Revenue $ 273,184 $ 300,000 $ 300,000 Telecommunications Fee 5,154 5,048 0 CRDC Reimbursement 52,500 55,125 55,125 Salary Reimbursement 111,244 64,000 40,000 Ambulance Services 68,991 75,000 43,000 Maps and Publications 6,030 6,000 6,000 Concessions 93,348 (98.887) 80,000 Commercial Roll-Off 4,232 65,000 80,000 Interest Income 758,750 575,000 650,000 Miscellaneous Income 43,860 25,000 15,000 Grant Revenue 83,944 0 0 Claims/Damage Reimbursement 38,521 16,597 0 Lease Proceeds 1,200,358 49,169 20,998 Transfer In 0 475,000 0 Sale of City Property 9,778 15,947 0 .-. Prior Year A/E/R 19,133 47,117 0 Over (Short) (1,566) 200 0 Total Other Revenue 2,767,461 1,675,316 1,290,123 Total Revenue $ 25,356,088 $ 26,750,275 $ 29,386,556 The City of Coppell General Fund Expenditure Summary Actual FY 01 Budget FY 02 Budget Department 1999.00 Amended Proposed Mayor and Council $ 171,963 $ 248,193 $ 241,322 City Management 464 890 533,997 552,812 Legal Services 249 365 325,000 275,000 Community Information Services 106 631 157,792 219,261 Finance 481 131 588,710 634,621 Tax Collections 186 514 211,653 219,179 Combined Services 1,225 310 1,276,058 1,483,474 Human Resources 775 271 754,821 907,404 Purchasing 141 095 146,896 154,902 City Secretary 169 522 224,445 216,879 Records Management 55 201 132,333 176,258 Information Services 88 356 4,531 0 Information Systems 1.581 360 1,434,754 1,381,474 Total General Government 5.696,609 6,039.183 6,462,586 Fi re 4,229, 514 4,835,276 5,079,852 Emergency Management 20,482 20,140 36,950 Building Inspections 390,125 415,904 429,222 Environmental Health 520,862 374,462 399,308 Municipal Court 627,642 680,626 824,484 Police 4.706,029 5,159,764 5,387,244 Total Public Safety 10.494,654 11,486.172 12,157,060 Engi neeri ng 643,282 647,266 816,999 Facilities Management 547,969 926,682 923,428 Streets 1.332,077 1,236,498 1,122,846 Fleet Services 430,754 657,297 704,523 Traffic Control 0 587,870 707,108 Planning and Zoning 279,585 364,003 368,402 Total Public Works 3.233,667 4,419.616 4,643.306 Library 1,013,918 1,284,329 1,378,284 Leisure Services 2,761,452 3,489.524 3,797,707 Total Cultural/Recreational 3.775,370 4,773,853 5,175,991 Total Expenditures $ 23,200,300 $ 26,718,824 $ 28,438,943 .--- Proposed Constitutional Amendment- S JR 6 Expansion of the Inventory Exemption Process of Implementing S JR 6 Step 1: Voters will be asked to approve a Texas Constitutional amendment to expand the exemption on inventory property during the November 6, 2001 election. Based on the wording of the amendment to be placed on the ballot, there is a good chance this item will be received favorably by the voters. ("to promote equal tax treatment for products produced, acquired and distributed in the State of Texas); Step 2: .Since there is no enabling legislation, if the Constitutional amendment passes on November 6, 2001, the 2003 Texas Legislative Session would be required to pass the enabling legislation. It is assumed if the voters passed the constitutional amendment, the 2003 legislative body would adopt the enabling legislation; Step 3: Assuming SIR 6 is approved during the 2003 Legislative Session, taxing authorities would have the option to continue taxing this expanded class of inventoD'. The City would be required to hold a public hearing and pass a resolution to continue taxing this expanded class of inventory during the calendar year of 2003; other~vise, this exemption would take effect beginning in 2004. (If the City elected to continue taxing this expanded list of inventory, our current freeport exemption would remain intact and unchanged.) Key Differences Between the Freeport Exemption and the S JR 6 Inventory Exemption 1. While the freeport exemption only exempts inventory transported outside of the state, the SIR 6 Inventory Exemption would exempt inventory transported outside the state or to another location within the state. (This is the most significant difference and would greatly expand the class of inventor~' that would be exempt from ad valorem taxation.) 2. The current freeport exemption requires inventory to be transported outside the state within 175 days after they were brought into Coppell; however, under SIR 6 the number of days to transport the inventory outside of Coppell would be expanded to 270 days. Impact of S JR 6 on the City of Coppell Based on 2000 certified inventory values, the Dallas Central Appraisal District has estimated Coppell's annual revenue loss would be $858,521. However, with the continued growth of the warehouse/distribution type facilities, the annual loss could be significantly higher than the 2000 estimate by tax year 2004. Dallas Central Appraisal District Date: July 12, 2001 To: City Managers, Superintendents & County Judge From: Foy Mitchell, Jr., Executive Director/Chief Appraiser ~ Re: Constitutional Amendment On November 6, 2001, the voters will be asked to approve a Constitutional amendment ]mown as SJR 6. This amendment authorizes the Legislature to provide for the exemption of inventory that is located "temporarily" within a jurisdiction for less than 270 days. The amendment also authorizes a tax agency to opt out of the exemption under certzin circumstances. A copy of the amendment is included with this report. In order to place this amendment in effect, legislation will have to be passed. We assume that this will happen in 2003. Under this assumption, your agency would experience any loss in taxable value in 2004. This amendment sig~cantly broadens the class of inventory property that would be eligible for exemption. Virtually any item of inventory that is simply moved from one location to another would qualify. Also included with this report is a summary of the potential loss that the tax agencies of Dallas County would experience if this amendment passes. Since ~mendments of this type are usually worded in such a manner as to indicate positive results, the pubhc seldom understands the real issues before them. The wording of this amendment is no different, c~llirtg for an amendment to "promote equal tax treatment for products produced, acquired and distributed in the State of Texas". It is our opinion that each proposed amendment should point out to the public tha~ each time an exemption is given, an incremental increase in their own property taxes occurs. If such a fiscal note were required to be included with these amendments, the pub;lc would be better informed. Please call me if you have any questions about this matter. Attachments cc: Board of Directors Administrative Offices 2949 N. Stemmons Freeway · Dallas, Texas 75247-6195 · (214)631-0520 City of Coppell Walkforward of Fund Balance Debt Service Beginning Fund Balance 10-01-00 $ 535,299 Add: Budgeted Revenues FY 01 7,212,960 Less: Budgeted Expenditures FY 01 7,275,629 Budgeted Fund Balance 09-30-01 472,630 Add: Budgeted Revenues FY 02 7,103,600 Less: Budgeted Expenditures FY 02 7,230,500 Budgeted Fund Balance 09-30-02 $ 345,730 The City of Coppell Debt Service Fund Revenue Summary Actual FY 01 Budget FY 02 Budget Description 1999-00 Amended Proposed Ad Valorem Tax-Current $ 5,726,323 $ 6,612,960 $ 6,788,600 Ad Valorem Tax-Delinquent 13,058 40,000 20,000 Penalty and Interest 22,779 25,000 15,000 Roll Back Taxes 21,375 55,000 0 Ad Valorem Tax-Delinq-MUD 165 0 0 Penalty and Interest-MUD 142 0 0 Roll back Taxes- MUD 0 0 0 Interest Income 150,498 130,000 130,000 Road Assessments 0 0 0 Interest - Assessments 0 0 0 Transfer In 306,678 350,000 150,000 Total Revenue $ 6,241,018 $ 7,212,960 $ 7,103,600 The City of Coppell Debt Service Fund Expenditure Summary 1999-00 FY 01 Budget FY 02 Budget Description Actual Amended Proposed Filing Expense $ 0 $ 200 $ 200 Interest Expense 2,776,935 3,101,429 2,955,300 Cost of Bond Issue 0 0 0 Agency Fees 16,295 24,000 20,000 Bond Principal 3,550,000 4,150,000 4,255,000 Total Expenditures $ 6,343,230 $ 7,275,629 $ 7,230,500 ,- ~ -~r~,~ ~ ~ ~ CITY COUNCIL MEETING: August 14, 2001 ITEM # ITEM CAPTION: Consider approval of the certification of the 2001 anticipated collection rate for the period of Suly 1,2001 through June 30, 2002 and the amount of excess debt collections during the period of Suly 1, 2000 and June 30, 2001. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: Pursuant to Section 26.04 of the Texas Property Tax Code, the Tax Assessor/Collector has certified the anticipated collection rate for the period of July 1, 2001 through June 30, 2002 to be 99%. The purpose of this law is to permit a taxing unit to adjust the debt portion of its effective rollback tax rate to account for anticipated delinquencies. The truth-in-taxation laws of Chapter 26 also require the Tax Assessor/Collector to compare the amount of ,debt tax dollars actually collected during the period from July 1, 2000 through June 30, 2001, with the amount debt tax dollars that should have been collected according to the 2000 anticipated collection rate. If a taxing unit collects more debt tax dollars than should have been collected, the collector certifies the excess amount to the governing body. The adjusted amount of debt tax dollars levied in 2000 was $6,612,961.00, however, the actual debt collections during the same period was $6,739,801.83. Therefore, the Tax Assessor/Collector has certified that the $126,840.83 is the full, true and correct amount of excess debt collections. BUDGET AMT. $ AMT. BST. $ +k-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: Staxcoll.doc Date: July 6, 2001 To: Jennifer Armstrong, Director of Finance From: Stephanie Tumlison, Tax Assessor/Collect~--~ Subject: Anticipated Collection Rate for 2001 & Excess Debt Collections in 2000 Pursuant to Section 26.04 of the Texas Property Tax Code, I have certified the anticipated collection rate for the period of July 1, 2001 through June 30, 2002 to be 99%. The purpose of this law is to permit a taxing unit to adjust the debt portion of its effective/rollback tax rate to account for anticipated delinquencies. The truth-in-taxation laws of Chapter 26 also require the Tax Assessor/Collector to compare the amount of debt tax dollars actually collected during the period from July 1, 2000 through June 30, 2001, with the amount of debt tax dollars that should have been collected according to the 2000 anticipated collection rate. If a taxing unit collects more debt tax dollars than should have been collected, the collector certifies the excess amount to the governing body. The adjusted amount of debt tax dollars levied in 2000 was $6,612,961.00, however, the actual debt collections during the same period was $6,739,801.83. Therefore, I have certified that $126,840.83 is the full, true and correct amount of excess debt collections. The above stated anticipated collection rote and the amount of excess debt collections will be used in the calculation of the effective/rollback tax rate for 2001. Attached is the certification of these two items to be approved by the City Council. CERTIFICATE OF THE TAX ASSESSOR/COLLECTOR STATE OF TEXAS X COUNTY OF DALLAS X CITY OF COPPELL X I, Stephanie Tumlison, the undersigned, Tax Assessor/Collector of the City of Coppell, Texas, a municipal corporation, in the performance of the functions of my office, hereby certifies that 99% is my estimate of the anticipated collection rate for the period of July 1, 2001 through June 30, 2002, and, that $126,840.83 is the full, true and correct amount of excess debt taxes collected for the period of July 1, 2000 through June 30, 2001, in accordance with Section 26.04 of the Texas Property Tax Code. WITNESS MY HAND AND THE OFFICIAL SEAL of thc City of Coppell, Texas, on this the ~' day of ~. ,~{-~ ,2001. Steplianie Tumlison ~.. ~-"~ .~ ¥.~ Tax Assessor/Collector ~'~ ~ City of Coppell 2001 PLANNING CALENDAR August 3,2001 Publication of Effective/Rollback Tax Rates, Schedules and Fund Balances August 14, 2001 Vote to Propose a Tax Increase and Certification of Anticipated Collection Rate August 17, 2001 "NOTICE OF PUBLIC HEARING ON TAX INCREASE" (1 ST Quarter-Page Notice) at least seven (7) days before the public heating. August 24, 2001 Post 72-hour notice for public hearing August 28, 2001 PUBLIC HEARING: Schedule and announce meeting to adopt the Tax Rate. (3 to 14 days from this date). September 7, 2001 "NOTICE OF VOTE ON TAX RATE" (2nd Quarter-Page Notice) Publish before meeting to adopt the Tax Rate. (No seven day rule). September 7, 2001 Post 72-hour notice for meeting to adopt tax rate September 11, 2001 Meeting to adopt Tax Rate. (3 to 14 days after the public hearing). Sheet1 INTEREST & SINKING COLLECTED July 1, 2000 thur June 30, 20~1- 7-1-00 thru 9-30-00 Current $21,979.09 Delinquent .... ($1,814.75) P & I $5,210.38 Rollback $0.00 $25,374.72 '11. 10-1-00 thru 6-30-01 Current $6,587,306.44 Delinquent ....... $41,960.55 --' P&I ................ -$30,392.76 Rollback $54,767.36 ...................... $6,714,427.11 Total I&S Collections $6,739,801.83 -2000 Adj. Debt Service (per 00 ETR Calc. Worksheet line 34) $6,612,961.00 EXCESS DEBT COLLECTIONS .............. $i 26,840.83 ° Page I City of Coppell Walkforward of Fund Balance Infrastructure Maintenance Fund Beginning Fund Balance 10-01-00 $ 1,174,536 Add: Budgeted Revenues FY 01 1,765,000 Less: Budgeted Expenditures FY 01 0 Budgeted Fund Balance 09-30-01 2,939,536 Add: Budgeted Revenues FY 02 65,000 Less: Budgeted Expenditures FY 02 2,021,000 Budgeted Fund Balance 09-30-02 $ 983,536 The City of Coppell Infrastructure Maintenance Fund Revenue Summary Actual FY 01 Bud§et FY 02 Budset Description 1999-00 Amended Proposed Interest Income $ 66,738 $ 65,000 $ 65,000 Proposed Transfer (8114101) 0 1,500,000 0 Transfer In 200,000 200,000 0 Total Revenue $ 266,738 $ 1,765,000 $ 65,000 The City of Coppell Infrastructure Maintenance Fund Expenditure Summary Actual FY 01 Budget FY 02 Budget Descri pti on 1999-00 Amended Proposed Maintenance $ 0 $ 0 $ 2,021,000 Capital Outlay 0 0 0 Total Expenditures $ 0 $ 0 $ 2,021,000 IMF Year One (10/01-9/02) Rebuild Bethel School from Denton Tap to Heartz $ 370,000 Install Drainage System at MacArthur and Samuel 310,000 Yearly Street Repair 100,000 Yearly Curb Repair 4,000 Yearly Alley Repair 440,000 Yearly Sidewalk Repair 120,000 Replace Carpet at Fire Administration 10,000 Paint Exterior of Justice Center 12,000 Paint Interior/Exterior of Fire Station 121 10,000 Magnolia Weir Structure Rebuild 215,000 Alex Canal Wall Rebuild 430,000 Total IMF Year One $2,021,000 07..'25;'01 DRAFT 07/24/01 ARTICLES OF INCORPORATION OF - COPPELL EDUCATIONAL DEVELOPMENT CORPORATION We, the undersigned natural persons over the age of eighteen (18) and qualified electors of the City of Coppell, Texas acting as incorporators, adopt the following Articles of Incorporation of the Coppell Educational Development Corporation. ARTICLE I NAME The name of the corporation is Coppell Educational Development Corporation. ARTICLE II STATUS The Corporation is a non-profit corporation. The Corporation is a non-stock corporation and has no members. ARTICLE III DURATION The period of its duration is perpetual. ARTICLE IV PURPOSES 4.01 The purpose or purposes for which the Corporation is organized for the purpose of financing programs to publicly funded institutions through the Coppell Educational Development Corporation for the promotion of literacy and the development of computer/video technology and foreign languages for a skilled workforce, as authorized by Section 379A of the TEXAS GOVER.X,,'MEN'T CODE, as amended. 41794 - l- DRAFT 07/24/01 .._. 4.02 All grants awarded to any publicly funded institution in the execution of the purposes provided herein, shall be on a just and equitable basis in accordance with an adopted policy by the Board of Directors, in its By-laws, approved in accordance with § 379A of the TEX~S GOVERNMENT CODE. 4.03 In no event shall any grant be made to acquire, construct, purchase, maintain, improve or own any real property buildings, structures, or improvements. ARTICLE V REGISTERED OFFICE/AGENT The street address of the initial registered office of the Corporation is c/o City Manager, 255 Parkway Boulevard, Coppell, Texas 75019, and the name of its initial registered agent at such address is Jim Witt. ARTICLE VI DIRECTORS The number of directors constituting the initial Board of Directors is seven, and the names, addresses and initial terms of office of the persons who are to serve as the initial directors in accordance with these Articles are as follows: NAME ADDRESS TERM 1 year 1 year 1 year 1 year 2 years 2 years 41794 -2- DRAFT 07124/01 .--- 2 years Directors are appointed to serve two (2) year staggered terms at the pleasure of the City Council of the City of Coppell. The initial Directors shall be appointed in accordance with above schedule, thereafter all appointment shall be in accordance with these Articles. A Director may be removed by the City Council of the City of Coppell at any time without cause. Directors shall serve without compensation except that they shall be entitled to reimbursement for expenses incurred in the performance of their duties as Directors. ARTICLE VII INCORPORATORS The name and street address of the incorporators are Rober~ E. Hager, 614 Clifton Court, Coppell, Texas 75019; Jim Witt, 255 Parkway Boulevard, Coppell, Texas 75019; and Clay --- Phillips, 255 Parkway Boulevard, Coppell, Texas 75019. ARTICLE VIII AUTHORIZATION The City Council of the City of Coppell, Texas, has specifically authorized the formation of the Coppell Educational Development Corporation, a non-profit corporation, by Resolution approving the form of these Articles of Incorporation. ARTICLE IX ELIGIBILITY Directors must be residents of the City of Coppell, Texas. Directors may not have a personal interest in a contract executed by the corporation. Directors may not be an employee, officer or member of the governing body of the City of Coppell, Texas. ARTICLE X 41794 -3- DRAFT 07/24/01 AMENDMENTS These Articles of Incorporation may at any time, and from time to time, be amended by the following: a. the Board of Directors shall file with the City Council of the City of Coppell, Texas, a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application, the proposed amendments. City Council shall consider such application and, if deemed appropriate shall approve the form of the proposed amendments. The Board of Directors of the Corporation may then amend the Articles of Incorporation by adopting such amendment at a meeting of the Board of Directors and delivering the Amended or restated Articles of Incorporation Secretary of State, or b. the City Council of the City of Coppell, Texas may, at its sole discretion, amend these Articles of Incorporation, by the adoption of a resolution approving amended or restated Articles of Incorporation. ARTICLE XI DISSOLUTION That the corporation may dissolve in accordance the Texas Non Profit Corporation Act and after the disbursement of all remaining funds in accordance with said Act and as provided in these Articles. All funds, if any, not otherwise dispersed in accordance with these Articles, upon or after dissolution shall be disposed of in accordance with purposes of this Corporation to the appropriate and authorized publicly funded institutions for primary, secondary, or higher education. ARTICLE XII CITY APPROVAL All actions of the Corporation are subject to the City Council approval. ROBERT E. HAGER, INCORPORATOR 41794 -4- DRAFT 07/24/01 .-- JIM WITT, INCORPORATOR CLAY PHI'I .I .I'PS, INCORPORATOR 41794 -5- DRAFT 07/24/01 .... STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public, on this day personally appeared Robert E. Hager, Jim Witt, and Clay Phillips, known to me to be the persons whose names are subscribed to the foregoing document and being by me first duly sworn, declared that the statements therein contained are true and correct. Given under my hand and seal of office this __ day of ,2001. Notary Public, State of Texas My Commission Expires: 41794 BYLAWS OF COPPELL EDUCATION DEVELOPMENT CORPORATION ARTICLE I PURPOSE AND POWERS Section 1. Purpose. The Corporation is incorporated for the purposes set forth in Article 4.02 its Articles of Incorporation, the same to be accomplished on behalf of the City of Coppell, Texas (the "City") as its duly constituted authority and instrumentality in accordance with the Municipal Education Development Act of 2001, as amended, TEXAS LOCAL GOVERN.'MENT CODE §379A, as amended, and other applicable laws. Section 2. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by Section 379 A of the Texas Local Government Act and the Article IV, Purposes of its Articles of Incorporation, and in other applicable law, subject to the limitations prescribed herein. Section 3. Gender. The use of words in the masculine gender include the feminine also, unless by reasonable construction it appears that such was not the intention of the language. ARTICLE II OFFICES Section 1. Principal Office. The principal office of the Corporation in the State of Texas shall be located at 255 Parkway Boulevard in the City of Coppell, Dallas County, Texas. Section 2. Registered Office and Registered Agent. The Corporation shall have and continuously maintain in the State of Texas a registered office, and a registered agent whose office is identical with such registered office, as required by the Texas Non-Profit Corporation Act. The registered office may be, but need not be, identical with the principal office of the Page 1 42200 ...-. Corporation in the State of Texas, and the address of the registered office may be changed from time to time by the Board. ARTICLE III The Corporation shall have no members or stockholders. ARTICLE IV BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") and, subject to the restriction imposed by law, by the Articles of Incorporation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed .,... by the City Council (the "Council") of the City. All members of the Board must qualify in accordance with Section 379A.021 of The TEXAS LOC.aL GOV£RNMENT CODE. The City Council shall consider an individual's experience, accomplishments and educational background in appointing members to the Board to ensure that the interests and concerns of all segments of the City are considered. (c) The directors constituting the initial Board shall be those directors named in the Article of Incorporation. In order to establish staggered terms, the initial four (4) board members appointed at large shall serve one (I) year terms, the three (3) members shall be appointed to serve two (2) year terms. Thereafter, each successor member of the Board shall be appointed and shall serve for two (2) years or until his or her succ.:ssor is appointed as hereinafter provided. (d) Any director may be removed at will by the Council. Page 2 42200 Section 2. Meeting of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation as specified in Article II of these Bylaws. Section 3. Open Meeting Act. All meeting and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meeting Act, Section 551.01 et seq., TEXAS GOVERNMENT CODE, as amended. Section 4. Notice of Meetines. To the extent that the Open Meeting Act conflicts with the provisions of this section, the Open Meeting Act shall govern. (a) Regular meetings of the Board shall be held without the necessity of written notice to the Directors at such times and places as shall be designated from time to time by the Board. Special Meetings of the Board shall be held whenever called by the president, by the secretary, by a majority of the directors, or by a majority of the City Council. (b) The secretary shall give notice to each director for any emergency meeting in person or by mail, telephone or telecopier, at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a Special Meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. (c) Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of Page 3 ~2~oo ,-. such mailing. Attendance of the director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objection to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted nor the purpose of any Regular or Special Meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or person entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 5. Quorum. A majority of the directors shall constitute a quorum for the conduct of the official business of the Corporation. The act of a majority of the board (4 members) at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the ~. Corporation unless the act of a greater number is required by law. Section 6. Conduct of Board. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board or the law. (b) At all meetings of the Board, the president shall preside, and in the absence of the president, the vice president shall exercise the powers of the president. (c) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. (d) A director may not vote or participate in a meeting by proxy. Page 4 ,~22oo Section 7. Compensation of Directors. Directors shall not receive a salary or any other compensation for their service as directors. However, directors may be reimbursed for their actual expenses incurred in the performance of their duties. Section 8. Powers. A. The Corporation shall have only those powers set forth in the ballot giving rise to the Corporation and stated in the Articles of Incorporation of the Corporation which are the following general powers: To provide grants of sales tax proceeds to publicly fund education institutions for programs for the promotion of a skilled workforce: (a) literacy; (b) computer technology; and, (c) foreign languages. B. All grants made by the board of Directors shall be made to publicly fund institutions in proportion to the number of students of each publicly funded institution located within the corporate limits in accordance with total enrollment figures as of January 15 of each calendar year. ARTICLE V OFFICERS Section 1. Titles and Term of Office. (a) The officers of the Corporation shall be a president, a vice president, a secretary and a treasurer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold the office of secretary. Terms of office shall be one (1) year with the right of an officer to be reelected. Page 5 ~22oo (b) All officers shall be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. Section 2. President. The President shall be the presiding officer of the Board with the following authority: (a) Shall preside over all meetings of the Board. (b) Shall have the right to vote on all matters coming before the Board. (c) Shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board. (d) Shall have the authority to appoint standing committees to aid and assist the Board in its business undertakings or other matters incidental to the operation and functions of the Board. (e) Shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above mentioned duties, the President shall sign with the Secretary of the Board, contracts, or other instruments which the Board has approved and unless the execution of said document has been expressly delegated to some other officer or agent of the Corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by statute. In general, the President shall perform all duties incident to the office, and such other duties as shall be prescribed from time to time by the Board. Section 3. Vice President. The vice president shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's Page 6 42,.00 ,.... absence or inability to act. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the president's absence or inability to act at the time such action was taken. Section 4. Treasurer. The treasurer shall be the Finance Director of the City of Coppell or as appointed by the City Manager. The treasurer shall have the responsibility to oversee the handling, custody, and security of all funds and securities of the Corporation in accordance with these Bylaws. The treasurer shall see to the entry in the books of the Corporation full and accurate accounts of all monies received and paid out on account of the Corporation. The treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of the duties in such form and amount as the Board or the Council may require. Section 5. Secretary. The secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, and other instruments of the Corporation, shall have charge of the corporate books, records, documents and instruments, except the papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. Section 6. The president, each vice president, and the secretary shall be named from among the members of the Board. Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they may be reimbursed for their actual Page 7 4.2200 expenses incurred in the performance of their duties hereunder, subject to the approval of the City Council. Section 8. Contracts for Service. The Corporation may contract with any qualified and appropriate person, associated, corporation or political subdivision, municipal corporation or other governmental body to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. However, no such contract shall ever be approved or entered into which seeks or attempts to divest the Board of its discretion and policy-making functions in discharging the duties herein above set forth in this section. ARTICLE VI FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. General Development Plan. The Board shall research, develop, prepare, and approve, an education development plan for the Corporation, which shall include proposed methods and the expected costs of implementation. The plan shall include both short-term and long-term goals for the education development to promote and ensure a skilled workforce. Section 2. Annual Corporate Budget. (a) On or before November 1 of each year, the Board shall prepare or direct the preparation of: (i) an annual performance review and evaluation; (ii) a projection of goals and programs for the coming year; and, (iii) an annual budget of expected revenues and proposed expenses. The report shall be submitted to the City Council and the City Manager of the City of Coppell at either a regular or special meeting of the City Council no later than December 15. Page 8 n2200 (b) In addition to the annual evaluation and budget, the Corporation shall submit either written or verbal reports of activities and financial matters to the City Council and City Manager of the City of Coppell quarterly and in no event less than required in Section 379A.025 of TEXAS LOCAL GOVERNMENT CODE.. Section 3. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. The Corporation may enter into one or more agreements with the City of Coppell to obtain financial management and accounting services upon terms, conditions and compensation as mutually agreeable. (b) The Corporation shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent auditing and accounting firm approved by the City. Such audit shall be at the expense of the Corporation. (c) All other monies of the Corporation shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board shall delegate the responsibility of investing funds of the Corporation and reconciling accounts of the Corporation to the Finance Department of the City of Coppell. Section 5. Expenditures of Corporate Money. (a) The monies of the Corporation, including sales and use taxes collected pursuant to the Act, monies derived from the repayment of loans, the proceeds from the investments of funds of the Corporation, and/or gifts may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: Page 9 42200 (i) Expenditures for the proceeds of Obligations shall be identified and described in the orders, resolutions, indentures or other a~eements submitted to and approved by the Board. (ii) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by these By-Laws. Section 6. Conflicts of Interest. A Board member, officer of the Corporation, or member of the City Council may not lend money to and otherwise transact business with the Corporation except as provided in the Bylaws, Articles of Incorporation, and all applicable laws. The Corporation shall not borrow money from or otherwise transact business with a Board member, officer, committee member of the Corporation, or a member of the Coppell City Council unless the transaction is described fully in a legally binding instrument and is in the best interest of the Corporation. The Corporation shall not borrow money from or otherwise transact business with a Board member, officer, or member of the Coppell City Council without full disclosure of all relevant facts and without the approval of the Board, not including the vote of any person having a personal interest in the transaction in accordance with the conflict of interest statutes of the State of Texas. Section 7. Gifts. The Board may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the general purposes or for any special purpose of the Corporation and be distributed or utilized in compliance with Section 379A of the Local Government Code, Referendum approving the sales and tax use, the Articles of Incorporation and these By-laws. ARTICLE VII MISCELLANEOUS PROVISIONS Page 10 42200 Section 1. Fiscal Year. The fiscal year of the Corporation shall be January 1st to December 31st. Section 2. Seal. The Board may provide for a seal. Section 3. Resignation. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the president or secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 4. Approval or Advice and Consent by the Council. To the extent that these Bylaws refer to any approval by the Coppell City Council or refer to advice and consent by the Coppell City Council, such approval, or advice and consent shall be evidenced by a certified copy of a resolution, order, or motion duly adopted by the Coppell City Council. Section 5. Services of City Staff and Officers. Subject to approval from the Coppell City Manager, the Corporation shall have the fight to utilize the services of the City personnel, provided (i) that the Corporation shall pay reasonable compensation to the City of Coppell for such services, and (ii) the performance of such services does not materially interfere with the other duties of such personnel of the City of Coppell. Section 6. Indemnification of Directors, Officers and Employees. (a) As provided in the Act, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code, as amended), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify a person who was, is or has been threatened to be made a named defendant or respondent in a proceeding because the person is or was a-Board Page 11 42200 member, officer, or agent, but only if the determination to indemnify is made in accordance with the provision of Texas Tort Claims Act. (c) The Corporation may purchase and maintain insurance on behalf of any Board member, officer, employee, or agent of the Corporation, or on behalf of any person serving at the request of the corporation as a Board member, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against that person and incurred by that person in any such capacity or arising out of any such status with regard to the Corporation, whether or not the Corporation has the power to indemnify that person against liability for any of those acts. ARTICLE VIII EFFECTIVE DATE, AMENDMENTS Section 1. Effective Date. These Bylaws shall become effective upon the occurrence of the following events: (1) the adoption of these Bylaws by the Board; and (2) the approval of these Bylaws by the Coppell_City Council. Section 2. Amendments to Articles of Incorporation and Bylaws. These Bylaws may be amended or repealed and new bylaws may be adopted by a majority of the Board members present at any regular meeting or at any special meeting, if at least five (5) days written notice is given of any intention to amend or repeal these bylaws or to adopt new bylaws at such meeting. Any amendment of these bylaws will be effective upon approval by the Coppell City Council. Page 12 42200 Adopted this the day of ,2001. By: President of the Board of Directors ATTEST: By: Corporate Secretary Page 13 42200 OLD COPPEL ITi~TORIC AREA PLANNING PROJECT We had seven firms respond to our Request for Qualifications/Proposal regarding the Old Coppell Project. We are now recommending that Looney/Ricks/Kiss, a Nashville, Tennessee architectural and planning firm undertake this study. Looney/Ricks was picked for a variety of reasons including: -considerable work in this area including plans for Bryant and Greenville, Texas, and retail development in Southlake -the most comprehensive work program of any proposal received -several local team members including their traffic, economic, and preservation consultant (traffic: DeShazo, Tang, and Associates of Dallas; economics: Angle Rawie, a Dallas economist; planner/preservationist: Ron Emerich, a Dallas planner) -a reasonable time frame (6 months) and fee -solid references from clients -good follow-up and stated interest in doing this study -an impressive proposal document Proposal: Planning & Architectu~l Services for the Old Coppell Historic Area LRK Team Proposed Budget & Compensation Method It is proposed that the entire budget for the "base proposal" (not including Optional Services) be $53,550, which includes $50,000 in professional fees and $3,550 in expenses. Below is a break-out of that budget in terms of project scope, fees per firm, and Optional Services: Budget by Scope Task Fee. Expenses Total 1.0: Background Research & Analysis $9,470 $900 $10,370 2.0: Charrette & Concept Plan Development $15,380 $1,700 $17,080 3.0: Preparation of the Draft Master Plan $18,330 $50 $18,380 4.0: Plan Presentation & Rnal Revisions $6,820 $900 $7,720 TOTAL $50,000 $3,550 $53,550 Professional Fees by Firm Firm Fee Looney Ricks Kiss $35,860 Urban Prospects $6,000 DeShazo, Tang & Associates $4,400 Angie Rawie $3,740 TOTAL $50,000 Optional Services Service Fee Project Website Assistance Based on an hourly rate of $7S/hr. Leadership Interviews $250 per interview Vision Survey $3,000 - $5,000 Visual Simulations $1,500 per simulation Market Survey $3,000 - $5,000 Quick Victory Project $1,500 - $2,500 Additional Trips & Meetings Based upon hourly rates Architectural & Urban Design Guidelines $25,000 - $35,000 Please note that the proposed budget for this project can be adjusted commensurate '.ith adjustments to the scope of work. With respect to the method of compensation, it is proposed that the contract be based upon a lump sum fee, with monthly invoicing based upon the percentage completed per task. Proposal: Planning & Architectural Services for the Old Coppell Historic Area LRK Team OPTIONAL SERVICES The "base proposal" described above is our recommended minimal approach designed to provide the "-' Client with a valuable process and end product at the lowest cost. However, there are several optional services that could greatly enhance the project, depending upon the Client's specific needs. The following Optional Services might be either part of this proposed project, or a subsequent phase of work as funds are available: Project Website Assistance The Project Team can work with the Client to help them set up a Website so that the public can follow the planning process and provide input via computer technology. Although this approach will not be the best avenue for participation by some segments of the community, it does provide one more opportunity to broaden the public input options. Leadership Interviews As part of the Task 1.0 background research and analysis, key members of the Project Team would meet with individuals identified by the Client as community leaders in up to eight (8) individual meetings, each to last approximately one (1) hour. This opportunity to meet with leaders individually would help in gaining the political "buy in" of those whose support is considered critical to the ultimate success of the project. Vision Survey A Vision Survey is a process in which participants rate photos contained in a Powerpoint program representing various planning and design issues. The results are then tabulated in order to determine the community's consensus on design issues. In order to maximize the Client's budget, it is proposed that the Client would perform the tabulations. This tool could be quite useful in resolving the community's current conflict between the study area's 1930s and 1940s architecture and the "old world architectural style" that the public has typically supported. If desired, the Vision Survey would be conducted as part of the Task 1.6 Public Kick-Off Meeting, and the results would be included within the Master Plan document. Visual Simulations Based upon the design recommendations in the Task 3.1 physical master plan, computer technology would be used to produce one or more visual simulations in which a color photograph of an existing view of the study area is manipulated to realistically illustrate the appearance of the area following redevelopment. These "before" and "after" images can help powerfully sell the ideas of the Master Plan. Market Survey As a supplement to the Task 1.3 economic and market evaluation described previously, the Project Team would prepare a survey targeted to current and potential study area users, including employees, residents and citizens in general. The purpose would be to better understand the activities, spending habits, perceptions and preferences of various target markets. This survey would need to be administered at the very outset of the project in order for the information obtained to be useful for planning purposes. The Project Team would draft the survey, provide recommendations for distribution, and analyze the tabulated results, while the Client would be responsible for distribution and tabulation of the results. Quick Victory Project A "Quick Victory" project can be identified to initiate the implementation of the Master Plan, and this component would be provided within the Task 3.3 section of the plan (Plan Implementation). This one specific project should have both a high degree of visibility and a high chance for success. The Project Team would give strong consideration to the "Quick Victory" project throughout the course of the master planning process, and two or three potential projects would be presented to the Client for final selection. Once determined, the Master Plan section addressing the quick victory project would include a conceptual physical plan, illustrations conveying the appearance of the project, and supporting text. Proposal: Planning & Arcfiitectural Servfces for ~e Old Coppell Histo~fc Area LRK Team Additional Trips & Meetings In an attempt to be sensitive to the Client's potential budget limitations, the proposed scope of base services has been crafted with the goal of getting the greatest results at the least costs possible. However, if the budget allows and the Client is looking for additional public input or "face time" with the full Project Team (beyond that already provided by the designated Local Project Manager), additional trips and meetings can occur. Architectural & Urban Design Guidelines While the Urban Design section of the Physical Master Plan (Task 3.1) will describe and illustrate "appropriate" versus "inappropriate" development, it will not be of sufficient detail to stand on its own as the basis for a formal design review process. A set of architectural and urban design guidelines would be highly-illustrated and flexible. They would address all key considerations related to urban and architectural design within the study area, including street typologies, building setbacks, heights, massing, scale, roof forms, ratio and rhythm of door and window openings, and materials. Because of the master planning process that would proceed work on the design guidelines, most of the background research and field work typically required for the preparation of design guidelines would not be necessary. Proposed Number of Trips & Meetings As proposed within the "base proposal" for this project, a total of three (3) trips by the Project Team and nine (9) meetings would occur, as follows: Task Trip # # of Meetings 1.0: Background Research & Analysis 1 6* 2.0: Charrette & Concept Plan Development 2 2** 3.0: Preparation of the Draft Master Plan 0 0 4.0: Plan Presentation & Final Revisions 3 1 ~-~ TOTAL 3 9 * Does not include various interviews/meetings with individuab ** Does not include a meeting with the Client for a Concept Plan status update Additional trips and meetings are a potential Optional Service. Also, because the proposed Local Project Manager is based in Dallas, additional meetings involving him might occur. Proposed Deliverables The following work products ("deliverables") are proposed: Task Deliverable 1.0: Background Research & Analysis None 2.0: Charrette & Concept Plan Development Concept Plan 3.0: Preparation of the Draft Master Plan Draft Master Plan 4.0: Plan Presentation & Final Revisions Final Master Plan (1 original, 1 bound copy and 1 electronic copy on computer disk) Proposed Schedule The Project Team can, within reason, adjust its schedule to meet the specific needs of the Client. However, based upon a typical time-frame, the following six (6) month schedule is proposed: Task Week(s) 1.0: Background Research & Analysis 1-6 2.0: Charrette & Concept Plan Development 7 3.0: Preparation of the Draft Master Plan 8-20 4.0: Ptan Presentation & Final Revisions 21-24