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CP 2001-09-25NOTICE OF CITY COUNCIL MEETING AND SEPTEMBER 25, 2001 CANDY SHEEHAN, Mayor GREG GARCIA, JAYNE PETERS, DIANA RAINES, JIM WlTT, City Manager MEETING TIME AND PLACE: Call to Order Work Session Board Reception Regular Session Place 1 Place 2 Place 3 BILL YORK, Mayor Pro MARSHA tUNr DOUG DAVE HERRIN( 6:00 p.m. Immediately Following 6:30-7:30 p.m. 7:30 p.m. Council Chambers 1st FI. Conf. Room Atrium Council Chambers Place 7 Place 4 Place 5 Place 6 }en to the Public) }en to the Public) to the Public) Notice is hereby given that the City Council of the City of in Regular Called Session on Tuesday, September 25, Session will follow immediately thereafter, with the B Reception being held from 6:30 to 7:30 p.m., and Regul~ 7:30 p.m., to be held at Town Center, 255 Parkway Boulev~ As authorized by Section 551.071(2) of the Texas may be convened into closed Executive Session for confidential legal advice from the City Attorney on any age~ The City of Coppell reserves the right to reconvene, rec~ Session or called Executive Session or order of adjournment. The purpose of the meeting is to consider the following ite ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the 1. Call to order. Texas will meet :00 p.m. for Work nd Commission on will begin at , Texas. )de, this meeting )ose of seeking ~ listed herein. realign the Work ~ny time prior to ag092501 Page i of 5 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the 2. Convene Work Session A. Discussion regarding Vinyl Fence. B. Discussion of Agenda Items. RECEPTION FOR BOARD/COMMISSION/COMMITTEE FROM 6:30 PM TO 7:30 PM. iRS IN ATRIUM REGULAR SESSION 3. Invocation. (Open to the Pledge of Allegiance. Swear in new Board/Commission/Committee memb Report by Parks and Recreation Board. Citizen's Appearances. CONSENT AGENDA Consider approval of the following consent agenda Consider approval of minutes: September 11 September 18 Bo Consider approval of an Ordinance am Ordinances by amending Article 1.10, "Rules for Conducting City Council Meetings;" and sign. Co Consider approval of an ordinance abandon easement located between Lots 20 and 21 Section, North Lake Woodlands; and authorizi the Code of and Procedures the Mayor to 20-foot drainage B of the Fifth Mayor to sign. END OF CONSENT ag092501 Page 2 of 5 ITEM # ITEM DESCRIPTION 10. 11. 12. 13. 14. 17. Consider approval of a resolution condemning States and praising the responders to said attac Mayor to sign. Consider approval of a resolution to temporarily monthly utility donation to the American organization, to provide assistance to the victims e which occurred on September 11, 2001, for th, November and December of 2001. Consider approval of an Ordinance of the City of C( an amendment to Ordinance No. 2000-922, the October 1, 2000 through September 30, 2001, to sign. Consider approval of a Professional Services of Coppell and Looney Ricks Kiss Architects, Inc., Comprehensive Planning and Architectural Servic( Historic Area in an amount not to exceed $65,000.( City Manager to sign. Consider approval of an ordinance establishing loc electrical providers by amending Chapter 9, by add Electrical Providers"; providing an effective suspension or revocation of provider's reg with this chapter; providing for a fine not to excee. ($500.00) per violation, per day; and providing authorizing the Mayor to sign. Consider approval of a Resolution approving the Byl Incorporation of the Coppell Education Develo authorizing the Mayor to sign. Comments on Finance Report Award. Necessary action resulting from Work Session. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Airport Rail Planning and Implementation Stu, B. Report by Councilmember Peters regarding N( C. Report by Councilmember Peters regarding Partnership Update. :k on the United authorizing the te the voluntary ;s, a non-profit errorists attacks of October, Texas, approving for Fiscal Year )rizing the Mayor :ween the City ~e preparation of the Old Coppell authorizing the istration of retail ticle 9-22, "Retail .~refor; providing non-compliance Hundred Dollars date, and the Articles of ; and )rth International tneri ng Meeting. as Commission. Development ag092501 Page 3 of 5 ITEM # ITEM DESCRIPTION Do Report by Councilmember Peters re Saturday, September 29, 2001. Report by Councilmember Peters regarding Wildflower Event, Saturday, October 13, 2001. Family Fish, Beautiful Adjournment. Candy Sheeha CERTIFICATE I certify that the above Notice of Meeting was posted on t City Hall of the City of Coppell, Texas on this 2001, at letin board at the Libby Ball, DETAILED INFORMATION REGARDING THIS AGEN AT THE WILLIAM T. COZBY PUBLIC LIBRARY SECRETARY DEPARTMENT AT TOWN CENTER. THE CITY ag092501 Page 4 of 5 PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply Disabilities Act of 1990. Thus, in order to assist individuals wil special services (i.e. sign interpretative services, alternative amanuenses) for participation in or access to the City of programs, services and/or meetings, the City requests that indi these services forty-eight (48) hours ahead of the scheduled meeting. To make arrangements, contact Vivyon V. Bowman, designated official at (972) 462-0022, or (TDD 1-800-RELAY, T) IN COMPLIANCE WITH CITY OF COPPELL Carrying of a concealed handgun on these premises or at any the City of Coppell is illegal. Es ilegal Ilevar consigo un arma de fuego oculta, adentro de es junta oficial de politica en la ciudad de Coppell. Americans With who require 'isual devices, and sponsored public make requests for ~m, service and/or ~dinator or other ~-735.2989). 95724 meeting in o en cualquier ag092501 Page 5 of 5 · C-OPPELL AGENDA CITY COUNCIL MEETING: ~~ 25, ST FORM ITEM WORK SESSION Ao Discussion regarding Vinyl Fence. Discussion of Agenda Items. CITY MANAGER'S REVIEW: CITY COUNCIL MEETING: September 25, ITEM ITEM CAPTION: Swear in new Board/Commission/Committee members. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: AMT EST $ DIR. INITIALS: FIN. REVIEW.~ Agenda Request Form - geviseO 5/0o CITY ITY COUNCIL MEETING: September 25, ITEM ITEM CAPTION: Report by Parks and Recreation Board. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT $ FINANCIAL COMMENTS: AMT EST $ DIR. INITIALS: Agenda Request Form- Revised S/00 CITY CITY COUNCIL MEETING: September 2 ITEM CITIZENS' ORDINANCE NO. 94665 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AND PROCEDURES FOR CONDUCTING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLLOWING ARE HEREBY ADOPTED AS THE RULES, FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COPPELL, TEXAS: The City of Coppell Code of Ordinances is hereby amended by following new Article 1-10: RULES, TIMES TEXAS, THE PROCEDURES THE CITY OF One (1) the ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CITY COUNCIL MEETINGS 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled must sign a register and list their residence address, provided by the Council Chambers, and such persons may be heard only at the meeting or special meeting. Each speaker must state his or her Presentations by individuals during the "Citizens Appearance" shall An individual speaker's time may be extended for an additional two majority of the Council members present. There shall be a allotted of any regular or special Council meeting. Those persons who Appearance" shall be called upon'x~ the order that they have signed attacks by any speaker shall against any member of the corporation (Charter Article 3, 3.12). CITY MANAGER'S REVIEW: hearing on the agenda, on a table outside the portion of a regular address of residence. to two (2) minutes each. with the approval of a of twenty (20) minutes to speak at the "Citizens register. No personal individual, group or ~-~(~~~j~ AGENDA ST FORM CITY COUNCIL MEETING: September 25, ITEM # ITEM CAPTION: Consider approval of minutes: September 11,2001 September 18, 2001. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT $ FINANCIAL COMMENTS:~''¥ AMT EST $ DIR. INITIALS: FIN. REVIEW:~ Agenda Request Form - Revised 5/00 CITY MINUTES OF SEPTEMBER 11, The City Council of the City of Coppell met in Re Tuesday, September 11, 2001, at 7:30 p.m. in Chambers of Town Center, 255 Parkway Boulevard, following members were present: Candy Sheehan, Mayo Greg Garcia, Jayne Peters, Diana Marsha Doug Dave Mayor Pro Tem York was City Manager Jim Dodd. .bsent REGULAR that a due to would be 1 an Ordinance for the City of Copp 1, 2001 through Mayor to si~n. and the Fiscal 2002, and cmO9112001 Page 1 of 3 Action: Councilmember Stover moved to take agenda I1 of order and to approve the said items for the 2 the 2001-02 tax rate as provided by State Tunnell seconded the motion; the motion Councilmembers Garcia, Peters, Raines, Herring voting in favor of the motion. The official copy of the City Budget Department. 11. Consider approval of an Texas levying the Ad .6486/$100 taxable operations and sinking, and Action: This item Block northeast Texas. at for ~s. ProperLy to is that ., described I (30.33 Lane StoVer moved to take agenda the Public Hearing on said September 18, 2001; and to i agenda until the same date with under Texas Open Meeting Act. the motion; the motion carried 6-0 Peters, Raines, Tunnell, Stover and motion. cmO9112001 Page 2 of 3 17 and 20 continue remainder ~ted notice as Garcia ~rs in favor 17. PUBLIC HEARING: Consider approval of the Vista Ridge Block G, Site Plan and Replat, to allow of an approximately 71,000 square-foot a 7.017 acre portion of a 25.93 acre located at the southwest corner of S.H. Boulevard) and MacArthur Boulevard. Action: This item was considered under Item 14. Lot for 20. PUBLIC HEARING: Consider approval of Case Grill and (Planned (PD178R, operation located Denton be for minutes. Council, the can y Secretary cmO9112001 Page 3 of 3 MINUTES OF SEPTEMBER 18, The City Council of the City of Coppell met in a September 11, 2001 meeting, on Tuesday, 6:00 p.m. in the City Council Chambers of Town Boulevard, Coppell, Texas. The following members we Candy Sheehan, Mayor Bill York, Mayor Pro Greg Garcia, dayne Peters, Diana Marsha Doug Dave Also present were City Attorney Robert ~ULAR 1. Call to and a quorum ity Attorney. :nt Com' 0tees, et al. into Executive Session at article. Mayor Sheehan ad and opened the Work Session. Code - City of as allowed Executive cm09182001 Page 1 of 17 WORK SF.~SION {Open to Convene Work Session A. Discussion regarding apl Commissions. B. Discussion regarding interview process for Coppell Corporation. Discussion of Agenda Items. a: :nt Councilmember Stover arrived durin REGULAR SESSION 4. Invocation. Dr. David invocation. the Co] naming Week, for the re ..r Tunnell moved to approve a 17 through 23, 2001 as the Mayor to sign. motion; the motion carried 7-0 with Mayor Garcia, Peters, Rain,s, Herring voting in favor of the motion. naming Week, and seconded York and Stover and cm09182001 Page 2 of 17 7. Report by Telecommunications Board. Andy Bardach, Chair, gave the semi-annual report members present. ® A. B. C. D. E. Citizen's Appearances. John Giles, 728 Cardinal, spoke regardin[ Teresa Richardson, 516 Lake Forest, s Judy Brown, 623 Bethel Wendy Elder, 726 Oriole, Kim Orgeron, 726 Oriole, CONSENT #01 t, series c¢ 4", 6" 8" $174,815.26; ,royal of an permitted basic tier , and authorizing Consider approval of an maximum permitted service trip ATIkT Broadband, and authorizing 2001. }701-02 for following '8" x 3/4" 4", 6" ;/8" x 3/4" 4" and 8", Pipe ~k 10" in an ,dgeted. the by to sign. the by to sign. cm09182001 Page 3 of 17 Land Use and Development Consider approval of an Ordinance 1189, Donut City, zoning (Commercial) to C-8.U.P. ( Permit-l189~, to allow the approximately 973 square-foot located along the west side north of Town Center Mayor to sign. Presentation: Rick Moore, Director of Info~ from Council on Item C. Issues Discussed: There was rates be the tier ~g in ,,nda Items ~g Ordinance ~ 1500-A-304. carried Peters, motion. an Ordinance City of through to sign. and the Fiscal 2002, and at the September 11,2001 11,2001 minutes for details Meeting. approval of an Ordinance of the Texas levying the Ad valorem Taxes for .6486/$100 taxable valuation of cm09182001 Page 4 of 17 of Coppen, 2001at 43777 ~r operations and maintenance and .21083 sinking, and authorizing the Mayor to This item was approved at the September 11,2001 Please see the September 11, 2001 minutes for 12. Consider approval of a Resolution of additional Homestead Property for in state law, and authorizing Presentation: Jim Witt, City Manager, Issues Discussed: There was Action: .0918.1 Tax relief ayor to sign. carried Peters, motion. Z to allow to in the 801 Crane Drive, made a Council. Raines requested that this item Session for the September 25, 2001 City on the meeting. cm09182001 Page 5 of 17 14. PUBLIC HEARING: (CONTINUED FROM 2001) Consider approval of the designation zone pursuant to Section 312.201 Redevelopment and Tax Abatement Act. be considered for Reinvestment Zone property owned by CP-Coppell as Coppell Industrial Addition, acres) and located at the and Bethel Road, Coppell, Texas. Presentation: Gary Sieb, Director of presentation to the Council. Public Hearing: Mayor advised Issues 1 a and Hearing and a reinvestment Property erty to be considere, property owned by Industrial Additio~ located at the northeast Coppell, Texas. 15: Ordinance No. 2001-963 Ltd. Reinvestment Zone No. 34, to sign. pursuant to ~t and Tax .~invcstment Industrial, A, Lot 1 Royal Lane CP-Coppell ~g the cmO9182001 Page 6 of 17 Item 16: Approve Resolution No. 2001-0918.2 approvint Agreement between the City of Coppell and LTD., and authorizing the Mayor to sign. Councilmember Garcia seconded the motion; 7-0 with Mayor Pro Tem York and Raines, Tunnell, Stover and Herring voting in 15. Consider approval of an Coppell Industrial, Ltd. authorizing the Mayor to Action: This item was CP- and tes. 16. CP-Co Tax and to for minutes. ~FROM Vista Ridge to allow ,000 square-foot of a 25.93 acre corner of S.H. MacArthur Boulevard. 11, Lot 3R, building on property Ridge Sieb, Director of Planning and to the Council. Dan Anderson, applicant, addressed questions cm09182001 Page 7 of 17 made a brick. Public Hearing: The Replat was approved September 11, 2001 State law. Issues Discussed: There was discussion regarding the color o wall would be completed and safety Action: Mayor Pro Tem York approve the Vista Ridge Replat, to allow the square-foot office building tract of property lc at Ridge Herring Pro Tem Tunnell, the and and 000 18. , Lot 2, ;nt of an building along the 475 feet and Cc made a addressed Council. for an Executive Session at this cm09182001 Page 8 of 17 EXECUTIVE SESSION IClosed :) Convene Executive Session A. Section 551.071, Texas Consultation with City Attorney. Mayor Sheehan convened into Executive allowed under the above-stated article. the Executive Session at 9:06 p.m. and REGULAR SESSION (CONTINUED) 18. Consider approval of Block 3, Site Plan, to approximately 12,975 on approximately 1.7 east side of south of Pa~ Isslles 2! the feet retail )cated 475 feet conditions: drive thru lane be requirements and that need to be done requirements on site. Garcia seconded the motion; Mayor Pro Tem York and Stover and Herring voting in favor ',mbers Peters and Raines voting Center Iment of an building on east side of of Parkway meet other the carried Garcia, motion and motion. cm09182001 Page 9 of 17 19. Consider approval of the Town Center 3, Block 3, Minor Plat, to allow the retail/office center and bank on a property located alone the east side of approximately 325 feet south of Parkway Action: Approved as a matter of law on Septemb, ,n, Lots 2 ~ment 20. PUBLIC HEARING: 2001} Consider approval of Cas~ Grill and Noodles, (Planned Development. (PD178R, operation located Denton 11, ,78R L190 the be made a addressed Public Hearing re~ open and no regarding the hours Pro Tem York moved to close the ,prove Case No. S-1190, Green Pepper Asian zoning change request from PD-178R (Planned to PD-178R-S.U.P-1190 (PD178R, Special cm09182001 Page 10 of 17 Hearing and and Noodles, 178R) 190), to allow the operation of an oriental restaurant located in the Town Center West Retail Tap Road with the following conditions: The development of the property accordance with the site plan, elevations and revised sign plan. Hours of operation being 11 p.m. seven days a week. Councilmember Peters seconded the 7-0 with Mayor Pro Tem York Raines, Tunnell, Stover and club to 1 N. De~ ,,ters, There was a short recess held at 21. Consider 1, develo Lot the Denton applicant's ~fessional Associates related to related amenities amount not to exceed $ City Manager to sign. Agreement of ~n Wheel and Pro Tem York moved to approve a with Schrickel, Rollins and preparation of Construction Documents related ,nal Services for the development cm09182001 Page 11 of 17 of Tennis Courts and related amenities at amount not to exceed $114,000.00, and Manager to sign. Councilmember Garcia motion carried 7-0 with Mayor Pro Tem York Garcia, Peters, Raines, Tunnell, Stover and of the motion. Park, in the 23. Consider approval of awarding Bid, for the construction of Creekview Freeport Parkway Project No. Services, Inc. in an provided for in CIP Presentation: Jim Witt, City Issues There 1-01 of ~s provid carried 7-0 Peters, the motion. 'Contract #Q- a portion of Services, in CIP funds; Peters Pro Tem 8tover attendance policy. member was discussion regarding the intent of r's letter. cm09182001 Page 12 of 17 Action: Councilmember Tunnell moved to deny Telecommunications Board member to waive policy. Councilmember Raines seconded the carried 5-0 with Mayor Pro Tem York and Tunnel1, Stover and Herring voting in favor of and Councilmembers Garcia and motion. the 25. Consider appointments Commissions and C Issues Discussed: There was mandatory members. and Action: for a motion; the in favor to appoint Ge term and two-year term. motion carried 7-0 Garcia, Peters, ~ting in favor of the motion. ustment Stover moved to appoint phen Wright as regular members for Hoppie and Donald Perschbacher as year terms. Councilmember Herring ~rczuk as a n-ton as an Peters Pro Tem Stover ~mann and and John for two- motion; the cm09182001 Page 13 of 17 motion carried 7-0 with Mayor Pro Tem York Garcia, Peters, Raines, Tunnell, Stover and He~ of the motion. Conduct Review Board Councilmember Tunnell moved to appoint Kressmann, Beverly Stewardson, Dolphin, Frank Dimartino, Marie Reed one-year terms. Mayor Pro Tem York motion carried 7-0 with Mayor Pro Tern Garcia, Peters, Raines, Tunnell of the motion. Coppell Economic Develo Councilmember Herring Thompson as Onalaja as Councilme 7-0 with Raines, in s for ,; the ',rs favor Jay Julia Petty, for two-year the motion Garcia, favor of the ;d to appoint and Chris Reed as Petty as an Mayor Pro Tem York 7-0 with Mayor Pro Tem York Raines, Tunnell, Stover and He~ motion. and Recreation Board Councilmember Raines moved to aPpoint Reg Chris Ruska and Scott Williams as regular cm09182001 Page 14 of 17 Nancy members for for a motion; the in favor Burke, for one-year terms and Brent Wooten as an alternate term. Councilmember Tunnell seconded the carried 7-0 with Mayor Pro Tem York and Peters, Raines, Tunnell, Stover and Herring motion. Planning and Zoning Commission Councilmember Tunnell moved to McGahey, Rick McCaffrey and Ann two-year terms. Councilmember Peters motion carried 7-0 with Mayor Garcia, Peters, Raines, Tunnel of the motion. Special Counsel Councilmember Ehrman, Mayor Pro with Raines, a .; the Greg for t; the :rs favor motion ~nt Corporation to appoint and Jerry Coker for Pitman and Quay Stover seconded the Mayor Pro Tem York and s, Tunnell, 8tover and Herring Jaines for two-year Mayor Pro Tunnell, }uinn, Betty terms and for one-year t; the motion ~,rs Garcia, favor of the cm09182001 Page 15 of 17 26. Selection of an official City of CoppeH TEX-21, Transportation Excellence for Presentation: Mayor Sheehan asked for volunteers to Action: Councilmembers Peters, Tunnell, volunteered to represent the City Excellence for the 21 st all 27. Necessary action r~ There was no acti, 28. City A. B. North Texas lot they have ,,st of the paved. Sheehan re ~ment. Sheehan re Education Development by Mayor Sheehan pfest. Report by Councilmember Peters High School Homecoming Parade Report by Councilmember Peters Adult Services Annual Golf October 1.t. cm09182001 Page 16 of 17 with update of Grape Coppell :mber 27~. Senior :nt on Fe Eo Report by Councflmember hines Trails. Mayor Sheehan reported on the meeting City Manager, and Amanda Vanhoozier Management for an update on recycling. Mayor Sheehan passed on discussin Mayor Sheehan announced that York won the Best Costume at showed everyone the Councilmember has changed for Parade which will be Tem on 1. the will trail item. Ds to come before Council, the Candy Sheehan, by Ball, City Secretary crn09182001 Page 17 of 17 ITY COUNCIL MEETING: September 25, 2( ITEM CAPTION: Consider approval of an Ordinance amending the Code of Ordinances Times and Procedures for Conducting City Council Meetings;" and ,ST FORM ITEM # Article 1-10, Mayor to sign. "Rules, SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: AMT EST $ DIR. INITIALS: Agenda Request Form - Revised 5/00 AN ORDINANCE OF THE CITY OF ORDINANCE NO. AN ORDINANCE OF ~ CITY OF REPEALING ORDINANCE NO. 87377 AND ORDINANCES BY AMENDING ARTICLE 1-10, PROCEDURES FOR CONDUCTING CITY PROVIDING A REPEALING CLAUSE; AND EFFECTIVE DATE. TEXAS, CODE OF AND FOR AN WHEREAS, the City Council has adopted Ordinance No. 1987, which provides guidelines for the conducting of City Council WHEREAS, the City Council desires to amend, in part, City Council meetings; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COPPELL, TEXAS; SECTION 1. That Ordinance No. 87377 adopted by the 1987 be, and the same is, hereby repealed in its entirety. SECTION 2. That the City of Coppell Code of and Procedures for Conducting City Council Meetings", be, and the read as follows: "ARTICLE 1.10. RULES, TIMES AND CONDUCTING CITY COUNCIL MEETINGS Sec. 1-10-1. Creation WHERFMS, Section 3.12 of the City Charter of the City city council shall, by ordinance, determine its own rules and WHEREAS, Section 3.09 of the City Charter of the City city council shall hold at least one regular meeting each additional meetings as it deems necessary to transact the city council shall fix, by ordinance, the date and time of the on February 10, and, relating to all OF ~ on February 10, 1-10 "Rules, Times hereby, amended to FOR that the of business; that the and as many ~'the city. The ~s; and I 42997 WHERFMS, the city council of the City of Coppell recc enhance the concept of effective and democratic the city council establish rules for the conduct of council and informal, and to establish rules of courtesy for those council, so that the true deliberative process will not be in order to that both formal s of the Sec. 1-10-2. Authority Article 3, Section 3.12 of the City of Coppell Home Rule the council shall, by ordinance, determine its own rules and following set of rules shall be in effect upon their until such time as they are amended or new rules adopted in for by these rules. ~at and provided Sec. 1-10-3. General rules 1-10-3.1. Meetings to bepublic. All official meetings of the to the public, except those authorized by the laws of the otherwise. 1-10-3.2. Quorum. Five members of the council shall (Charter Article 3, Section 3.10). 1-10-3.3. Minutes of meetings. The council shall provide taken of all council meetings, except executive sessions such minutes shall be a public record and shall be mai secretary. These minutes shall be open to inspection by (Charter Article 3, Section 3.12). In addition to the council meeting, except executive sessions authorized by shall make an audio recording of the proceedings. These kept as long as administratively valuable, but not less than a from the date of the meeting. 1-10-3.4. Questions subject to division. If two or more involved, in any vote of the council, any member of the division, if the question reasonably allows a division. 1-10-3.5. Right offloor. Any member of the council recognized by the chairman, and shall confine his or her question under consideration or to be considered. 1-10-3.6. Attendance of city manager. The city manager, or shall attend all meetings of the council unless excused by a council members present. Such excuse may be granted be open to be a quorum to be bylaw, and by the city public of each secretary s shall be 36 months points are require a shall be subject or manager, vote of the ~sence where 2 42997 time will not permit notification before date of recommendations to the council and shall have the right discussions of the council, but shall have no vote (Charter 4, 1-10-3. 7. City attorney. The city attorney, or acting city regular meetings of the council and shall give an opinion, questions of law as requested by the mayor or a member requests by the mayor or city council. The city attorney shall act as the council's final authority parliamentary questions. 1-10-3.8. City secretary. The city secretary, or acting city all regular meetings of the city council unless excused by a and shall keep the official minutes and perform such requested of him or her by the Charter or the city shall attend such other meetings or workshops as directed city council. Such excuse may be granted after the absence permit notification before date of absence (Charter Article 4, 1-10-3.9. Department heads or employees. Any department the city, when requested by the city manager, shall attend council. 1-10-3.10. Rules of order. That certain edition of Revised, should govern the proceedings of the council in all in conflict with these rules or the City Charter. Notwithstanding any provision to the contrary, no action held invalid by reason of any failure to comply with the Roberts Rules of Order, Revised. 1-10-3.11. Suspension of rules. Any provision of these City Charter or laws of the State of Texas may be two-thirds vote of all members of the council present. suspension shall be by roll call called by the city secretary as city secretary and shall be recorded in the minutes of the 1-10-3.12. Amendment to rules. These rules may be adopted, by a two-thirds vote of all members of the proposed amendments or new rules have been introduced last regular council meeting. Sec. 1-10-4. Types of meetings shall make part in all D4). attend all or oral, on such as such other __ The city and attend :he council s as may be secretary_ or will not 4.05). employee of of the of Order, they are shall be adopted by the by a on any such serving new rules that the record at the 3 42997 1-10-4.1. Regular meetings. The council shall meet in the City Hall on the second and fourth Tuesday of each c'z!c, zk for open session unless otherwise officially changed (Charter Article 3, Section 3.09). The starting times for work sessions shall remain flexible. 1-10-4.2. Special meetings. Special meetings of the city the call of the mayor or a majority of the city council Section 3.09). Notice shall be given to each member of the special meeting shall be filed with the city secretary in then notify each council member personally or by leaving a notice at their usual place of abode, except that meeting, during any regular meeting at which a quorum present, shall be sufficient notice to council members meeting. The call for a special meeting shall specify the special meeting, and shall list the subject or subjects to be meeting shall be held unless notice and the agenda accordance with the open meetings act of the State of Texas. may be transacted at a special meeting as may be listed in the or as indicated thereto. 1-10-4.3. Work sessions. The council may meet informally in call of the mayor, or upon the call of a majority of the memb interchange information, provided that all discussions and informal. A work session may include the informal referred to as a pre-agenda meeting. Notice of any work accordance with the open meetings act of the State of Texas taken at a work session unless authorized by a specific 1-10-4.4. Recessed meetings. Any meeting of the council later time, provided that any recess shall be to a certain meeting which is recessed required published notice in recessed date and time is announced at the initial newspaper publication shall be necessary. at the 7:00 p.m. city council and beheld on Article 3, call for a who shall 'such written of a special are such special hour of the No special posted in business said meeting at the council, to shall be commonly 11 be given in shall be to a time. If the aper and the additional Sec. 1-10-5. Chairman and duties 1-10-5.1. Chairman. The mayor, if present, shall preside meetings of the council. In the absence of the mayor, the preside (Charter Article 3, Section 3.05). In the absence mayor pro tem, the council shall elect a chairman. at all tem shall and the 1-10-5.2. Call to order. The meetings of the council shall be mayor, or in his or her absence, by the mayor pro tern. In order by the of both the 4 42997 mayor and the mayor pro tem, the meeting shall be called manager or city secretary. 1-10-5.3 Preservation of order. The chairman shall preserve prevent personal references to council members or the motives, and confine members in debate to the question 1-10-5.4. Points of order. The chairman shall determine subject to the right of any member to appeal to the council. the question shall be, "Shall the decision of the chairman be 1-10-5.5. Questions to be stated. The chairman shall state all for a vote and the city secretary or the person acting as announce the results of the roll call vote in the following Yes votes for the question and No votes agai~ question is passed or defeated." Provided, however, that passed or defeated shall not affect the validity of the not correct. by the city decorum, of members' of order, is taken, ,# submitted will question, the of is Sec. 1-10=6. Order of business 1-10-6.1 Agenda. The order of business of each meeting the agenda prepared by the city manager (Charter Article 4, The agenda for any regular or special meeting shall be subjects to be considered by the council. The agenda meetings shall be delivered to members of the council no preceding the Tuesday meeting to which it pertains. exercise his best judgment in determining the most placement on the agenda and shall add other items come before the council. 1-10-6.1.1. Council members' submission of agenda items. may submit agenda items. All items to be placed on the in writing to the city manager by 10:00 a.m. on the second meeting at which he or she wishes the subject to be vote of the council members the city manager shall be on the agenda of a regular meeting. 1-10-6.1.2. Citizens' submission of agenda items. Any Coppell shall have the right and opportunity to submit an agenda of a regular council meeting. An item requested by on the agenda must be submitted in writing to the office later than 10:00 a.m. on the second Monday preceding which the citizen is requesting the subject to be contained in ..01D 5). by topic of city council each Friday will received for discretion to members be submitted the a majority place an item the City of placed on the to be placed manager no meeting at request must 42997 clearly state the nature and subject of the item to be of the city manager the agenda of the requested meeting is defer the item to the next regular meeting of the council. In the city manager will notify the citizen of the delay no preceding the regular meeting requested by the citizen. In no request be delayed for more than one regular meeting 3.12). 1-10-6.1.3. City staff submission of agenda items. Any to have an item placed on the agenda of a meeting of the written request to the city manager of that fact no later second Monday preceding the meeting at which he or she considered. 1-10-6.1.4. City manager's discretion. Notwithstanding the in subparts 6.1.1, 6.1.2, and 6.1.3 above, the city manager permit additional agenda items and any documents for to be submitted later than the deadlines specified. 1-10-6.1.5. Emergency age,da items. An item not agenda shall not be taken up for discussion as a matter a regular or special meeting unless it is of an emergency city manager's attention too late to appear on the agenda, and posted in accordance with the current or fUture laws of the consideration, any emergency item may be removed from vote of the council members at the meeting. 1-10-6. 2. Presentations by citizens 1-10-6.2.1. Citizen appearance Persons wishing to speak on an item scheduled for a public hearing on the agenda, must their residence address, provided by the city secretary on council chambers, and such persons may be heard appearance" portion of a regular meeting or special state his or her name and address of residence. Presentations the "citizens appearance" shall be limited to two minutes speaker's time may be extended for an additional two of a majority of the council members present. There shall be 20 minutes allotted of any regular or special council signed up to speak at the "citizens appearance" shall be call, that they have signed the provided register. No personal shall be made against any member of the council, mayor, corporation (Charter Article 3, Section 3.12). 1-10-6.2.2. Public hearings. Any person wishing to held by the council pursuant to any official notice thereof the opinion or she may of a delay, the Friday a citizen's 3, Section wishing submit a a.m. on the subject to be deadlines seretion may the council the regular during to the after being Prior to by majority other than [stet and list outside the "citizens leaker must during individual the approval lative limit of persons who in the order any speaker group or hearing register and 6 42997 list his or her address, provided by the city secretary, outside indicating the item on the agenda the person wishes to be limited to five minutes, and there shall be a cumulative all those speaking for an item on the agenda, and a like limit against an item on the agenda. No group or organization than three speakers on any agenda item. These limitations discretion ora majority vote of the council members present. chamber speaker will minutes for speaking more at the Sec. 1-10-7. Consideration of ordinances, resolutions and 1-10-7.1. Form for introduction. Each proposed ordinance written or printed form required for adoption (Charter Article 1-10-7.2. Procedure for introduction. Any member of the ordinance in writing that has been placed on the agenda meeting. Copies of proposed ordinances, in the form be furnished to members of the council. No action can be which has not been made available to the council and to the the city secretary, at least 48 hours prior to the meeting considered. This rule, as applied to any specific ordinance, case of necessity by the affirmative vote of at least a members of the council. (Charter Article 3, Section 3.13 B). 1-10-7.3. Effective date. Every ordinance shall become or at any later time specified in the ordinance, imposing any penalty, fine or forfeiture shall become its caption once in the official newspaper of the city. 3.13 C). 1-10-7.4. Reading of ordinance. The reading aloud of a ordinance shall suffice as a reading. If two council ordinance be read in its entirety, it must be so read. 1-10-7.5. Recording of votes. Voting, except on procedural roll call called by the city secretary or the person acting as and shall be recorded in the minutes.(Charter Article 3 1-10- Z 6. amended Article 3, Amending or repealing an ordinance. An or repealed except by the adoption of another Section 3.13 A). 1-10-7. Z Votes required to pass. Approval of every motion, except as specifically provided in Section 3.06 Home Rule Charter, shall require the affirmative vote introduced in 3.13 A). offer any council shall ordinance the office of it is to be suspended in of all voting adoption, ordinance of 3, Section of the aest that the 3, Section shall be by city secretary shall not be (Charter resolution or of Coppell members of 7 42997 the city council unless otherwise provided by law. 3.~0). 1-10-7.8. Abstention. Should any member of the council voting on any ordinance, resolution or motion before the declared conflict of interest exists, his or her vote shall' affirmative vote in the official minutes of the City of Coppell Section 3.11 B). 1-10-7. 9. Reconsideration. A motion to reconsider any be made only upon the affirmative vote of four or more council. 1-10-7.10. Withdrawal of motions. A motion may be the mover at any time prior to passage without asking modified his or her motion, the seconder may withdraw his or e 3, Section ~staln from where no Article 3, Council can of the city modified by them over Sec. 1-10-8. Budget amendments after adoption 1-10-8.1. Supplemental appropriations. Upon the that there are funds available for appropriations in excess budget, the council may make such supplemental council shall pass an ordinance authorizing the (Charter Article 7, Sections 7.04 A and 7.03C3). 1-10-8. Z Emergency appropriations. At any time in a fiscal make emergency appropriations to meet a pressing need for other than regular or recurring requirements, affecting the public peace (Charter Article 7, Section 7.04B). 1-10-8.3. Transfer of appropriations. time during the fiscal year, the city manager may unencumbered appropriation balance of an approved offices and agencies within a fund. The shall periodic basis of such transfer. (Charter Article 7, Section manager in the desired. The council may property or At any all of any council on a Sec. 1-10-9. Creation of committees, boards and commissi 1-10-9.1. Council committees. The council may, as the need appointment of "ad hoc" council committees. The members of the council committees, subject to the approval committee so created shall cease to exist upon the accomplis the appoint the :ouncil. Any special 42907 purpose for which it was created or when abolished by a council. 1-10-9. Z Citizen boards, commissions and committees. other boards, commissions and committees to assist in operation of the city government. The council shall, by purpose, composition, functions, duties, and board, commission and committee. Any board, created shall cease to exist upon the accomplishment of the which it was created, or when abolished by a majority board, commission or committee so appointed shall have advisory to the council or city manager, except as State of Texas vote of the may create of the the each such purpose for council. No other than laws of the Sec. 1-10-10. Enforcement ofdecorum 1-10-10.1. Warning. All persons (other than members of the request of the chairman, be silent. If aider receiving a warnin a person or group of persons, persists in disturbing the the person acting as chairman may order that person or remove himself or themselves from the meeting. If they do themselves from the meeting, the chairman or the person order the sergeant at arms to remove him or them. 1-10-10.2. Removal from a meeting. The chief of police, members of the police department as the chairman or the the chairman may designate, shall be sergeant at arms of the or they shall carry out all orders and instructions given by purpose of maintaining order and decorum at the meetings instruction of the chairman, it shall be the duty of the from the meeting any person or persons who intentionally proceedings of the council. 1-10-10.3. Resisting removal from a meeting. Any person removal by the sergeant at arms shall be charged with Vernon's Annotated Penal Code. shall, at the chairman, chairman or persons to himself or may member or as or for meetings. He for the Upon to remove disturbs the who resist 42.05 of Sec. 1-10-11. Cameras and recording devices 1-10-11.1. Supplemental lighting. Supplemental lighting for picture cameras shall be used only with the exercise of regard to the intensity and duration of such lighting and the least amount of interference with or disturbance of and motion iscretion with to creating of the 9 42997 council and the least amount of discomfort to the memb( attendance. 1-10-11.2. Disruptive lighting. The chairman or the person shall have the authority to determine whether the supplemental lighting is such that it disturbs the proceeding upon making such a determination require that the use discontinued. public in as chairman duration of council and lighting be See. 1-10-12. Enforcement 1-10-12.1. Motion to enforce. Any member of the council the chairman to enforce these rules and the affirmative vote the council shall require him to do so." SECTION 3. That all provisions of the Code of Ordinances in conflict with the provisions of this ordinance be, and the same are provisions not in conflict with the provisions of this ordinance shall SECTION' 4. That this ordinance shall take effect as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, ,2001. APPROVED: to require members of of Coppell, Texas, and all other dl force and effect. and after its passage :he day of CANDY ATTEST: APPROVED AS TO FORM: LIBBY BALL, CITY ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 9/20/01) ADlVIINISTRATION as deemed necessary by either the records manager, the city attorney, the city man- ager, or the city council. C. Review schedules annually and update or smend as needed. Coordinate the citywide files manage- ment and records disposition programs by providing advice and/or assistance to all city offices and departments concerning the records management program. Develop, disseminate and coordinate files maintenance and records disposition pro- cedures, including but not limited to those prescribed by this ordinance, to meet the current and long-term information needs of the city. Train departmental records officers (or technician or clerk) and other, personnel in the fundamentals of records manage- ment and their duties in the records man- agement program. Establish and monitor compliance with standard for filing and storage equipment and supplies in all city offices and depart- ments and report to the city manager failure of any officer or department to comply with standards. Establish, in cooperation with other city staff, a disaster plan for each city office and department to insure m~ximum avail- ability of records for re-establishing oper- ations quickly and with minimum disrup- tion and expense. Develop procedures in insure the perma- nent preservation of the historically valu- able records of the city. J. Protect privacy and assure availability o£ public information from records stored in records center; bring to the attention of the city manager any office not in compli- ance with laws or ordinances regarding public access to information or protection of privacy. (Ord. No. 90475) Sec. 1-9-9. responsible tions ordinance They shall cians or the records and of all file their officer (or rectly to matters gram and their (Ord. No. Sec. 1-9-10. The each office ager and that '' with. This the office or (Ord. No. Sec. 1-9-11. All city records destroy, only (Ord. No. Sec. 1-9-12. Retention ager to the and city manager the § 1-9-12 of de- directors. department directors are and opera- and other with the provisions of this areas of responsibility. records officers (or techni- their offices and provide names of such designees and files custodians under designated as records or clerks) shall report di- of their department on records management pro- full access to all files in and responsibilities of officers. (or technician or clerk) in is responsible for between the records man- his or her office to ensure ordinance are complied r shall include overseeing schedules within the departments shall adopt disposition schedules and dispose of records schedules. of records reten- disposition schedules. to be included in records by the records man- department directors, shall notify the records working days of their ap- to a retention period. At day period, if no objection CDI:13 § 1-9-12 COPPELL CODE has been submitted, the records schedule shall be adopted and shall have full force as sufficient authorization for records destruction or other action. If objection is made, the records manager shall determine a retention period satisfactory to the office or department concerned, to the city manager, to the department director and to the city attorney. In no event shall the retention period be shorter than that determined under section 1-9-8 B. of this ordinance. When a records retention and disposition schedule is adopted, it shall thenceforth constitute full authority to de- stroy, transfer, microphotograph, or take other actions, and the city council hereby directs that such action be taken by the records manager or under his/her supervision. The records manager shall notify the state librarian of intended destruc- tion, as required by law, but no further notice to the city council or other city office shall be re- quired. Revision of retention periods shall be submitted for review to the city attorney and city manager and department directors in the same manner as the original retention periods. (Ord. No. 90475) Sec. 1-9-13. One-time destruction of obso- lete records. Prior to adoption of records schedules for an office, one-time destruction of accumulated obso- lete records of that office may be made by or under the supervision of the records manager. Prior to such destruction, the records manager shall submit lists of records to be destroyed to the city manager and city attorney, who shall give notice within ten working days of any records they believe should not be destroyed, and such records shall be retsin ed for a period suggested by either. The records manager shall also submit notice as required by law to the state librarian. Obsolete records shall include those no longer created by the office or department and no longer needed for administrative, legal, fiscal or other research purposes. (Ord. No. 90475) Sec. 1-9-14. Records center. The records center operation shall utilize one or more storage areas or buildings to store inac- tive records; to insure the security of such records from deterioration, theft, period of storage; and to retrieval (Ord. No. 90475) Sec. 1-9-15. records. The records manager to insure the permanent torically valuable records manager shall provide conditions for such records or in her that the records, unless by law or regulation, are research purposes. available, the records the transfer of the Library for perpetual care one of its nearby depositories, or shall for their permanent law or regulation. In no permanent records of the private individuals, to or museums, or to (Ord. No. 90475) See. 1-9-16. Non-current maintained Records no longer current business by any promptly transferred to archives or the state the time such action is records schedule. tained in current office (Ord. No. 90475) ARTICLE 1-10. PROCEDURES FOR Sec. 1-10-1. Creation. WHEREAS, Section 3.12 the City of Coppell states shall, by ordinance, order of business; and during the fast, efficient records. permanent ~ procedures of the his- The records archival center in such man- ~e is restricted the public for are not arrange for Texas State resource contrary to shall the to societies universities. not to be files. conduct of city shall be center or destroyed, at an approved not be main- Charter of city council rules and CD1:14 ADMINISTRATION WHEREAS, Section 3.09 of the City Charter of the City of Coppen states that the city council shall hold at least one 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 WHEREAS, 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 dis- turbed. (Ord. No. 87377) Sec. 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 adoption by the council and until such time as they are amended or new rules adopted in the manner provided for by these rules. (Ord. No. 87377) Sec. 1-10-3. General rules. 1-10-3.1. Meetings to be public. All official meet- ings 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 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 bylaw, 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 record- ing of the shall be able, but the date of 1-10-3.4. or more require a allows a divi,, 1-10-3.5. council the marks to the ation or to 1-10-3.6. manager, or meetings of jority vote of excuse time will absence. He council and discussions (Charter 4, 1-I0-3.7. acting city the council written or by the mayor attorney concerning tions. 1-10-3.8. acting city the city perform such him or her Such excuse where time date 1-10-3.9. department requested meeting §1-10-3 These audio recordings as sdmluistratively valu- a period of 36 months from subject to division. If two points are involved, in any of the council may the question reasonably floor Any member of the shall be recognized by confine ~s or her re- or question under consider- of city manager. The city manager, shall attend all unless excused by a ma- members present. Such aider the absence where notification before date of recommendations to the right to take part in all but shall have no vote .01 D 4). The city attorney, or attend all meetings of give an opinion, either of law as requested of the council. The city the council's final authority and parliamentary ques- The city secretary, or shall attend all meetings of excused by a majority of the official minutes and as may be requested of or the city manager. granted after the absence permit notification before 4, Section 4.05). heads or employees. Any employee of the city, when manager, shall attend any CD1:15 § 1-10-3 COPPELL CODE 1-10-3.10. Rules of order. That certain edition of Roberts Rules of Order, Revised, the cover page of which is attached as Exhibit "A" to Ordinance 87-377 for identification, should govern the pro- ceedings of the council in all cases, unless they are in conflict with these rules or the City Char- ter. Notwithstanding any provision to the contrary, no action of the council shall be held invalid by reason of any failure to comply with the provi- sions 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 suspen- sion shah be by roll call called by the city secre- tary or the person serving as city secretary and shall be recorded in the minutes of the meeting. 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. (Ord. No. 87377; Ord. No. 96758) Sec. 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 p.m. for open session unless otherwise offi- cially changed by the city council (Charter Article 3, Section 3.09). The starting times for executive sessions and work sessions shall remain flexible. 1-10-4.2. Special meetings. Special meetings of the city council shall beheld 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 sufficient notice to such special meeting. The ing shall specify the date meeting, and shall list the be considered. No special unless notice and the accordance with the open State of Texas. Only acted at a special meeting.~ call of said meeting or as 1-10-4.3. Work sessions. informally in work mayor, or upon the call members of the council, to tion, provided. shall be informal. informal meeting more pre-agenda meeting. shall be given in ings act of the State be taken at a work session specific agenda item. 1-10-4.4. Recessed the council may be provided that any and time. If the quired published recessed date and time is meeting, no additional be necessary. (Ord. No. 87377; Ord. No. Sec. 1-10-5. Chairman 1-10-5.1. Chairman. The: preside as chairman at In the absence of the shall preside the absence of both the tem, the council shall 1-10-5.2. Call to order. council shall be called to his or her absence, by the absence of both the the meeting shall be manager or city secretary. shall be present of ~ special meet- of the special or subjects to shall be held posted in act of the may be trans- ~ listed in the thereto. may meet call of the of the informa- conclusions ' include the toasa sessions open meet- action shall ~a meeting of a later time, a certain date recessed re- and the shall ?present, shall of the council. pro rem 3.05). In mayor pro of the mayor, or in tern. In the pro tem, by the city CD1:16 ADMINISTRATION 1-10-5.3 Preservation of order. The chairman shall preserve order and decorum, prevent per- sonal references to council members or the ira- pugning of members' motives, and confine mem- bers in debate to the question under discussion. 1-10-5.4. Points of order. The chairman shall determine all points of order, subject to the right of any member to appeal to the council. If any appeal is taken, the question shall be, "Shall the decision 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 announce- ment of passed or defeated shall not affect the validity of the vote if such announcement is not correct. (Ord. No. 87377) Sec. 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 4.01 D 5). The agenda for any regular or special meeting shall be a listing by topic of subjects to be consid- ered 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 deter- mining 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. All council members may submit agenda items. All items to be placed on the agenda must be submitted in writing to the city manager by 10:00 a.m. on the second Monday preceding the meeting at which he or she wishes the subject to be considered. Upon a majority vote of the required to regular 1-10-6.1.2. Any resident and agenda must of the city the at which the considered. nature and in the ' ' the defer the council. In will notify the Friday quested by request be meeting 1-10-6.1.3. Any placed on shall submit ager of that second he or she 1-10-6.1.4. standing 6.1.1. 6.1.2, his and any to be 1-10-6.1.5. not taken up business unless it is the the State gency item ing. § 1-10-6 the city manager shall be item on the agenda of a items. shall have the to submit an item to be of a regular council meeting. ~ a citizen to be placed on the in writing to the office no later than 10:00 a.m. on ~the regular meeting requesting the subject to be must clearly state the the item to be considered. If city manager the agenda of is lengthy, he or she may next regular meeting of the a delay, the city manager of the delay no later than the regular meeting re- In no case may a citizen's for more than one regular 3, Section 3.12). items. wishing to have an item of the council, request to the city man- than 10:00 a.m. on the the meeting at which subject to be considered. Notwith- deadlines in subparts above, the city manager in agenda items distribution to the council than the deadlines specified. agenda items. An item regular agenda shall not be as a matter of council or special meeting nature and comes to too late to appear on then aider being posted in or future laws of the to consideration, any emer- from the agenda by members at the meet- CD1:17 § 1-10-6 COPPELL CODE 1-10-6.2. Presentations by citizens 1-10-6.2.1. Citizen appearance Persons wish- Lug 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. Presen- tations by individuals during the "citizens ap- pearance" shall be limited to two minutes each. An individual speaker's time may be extended for an additional two minutes with the ap- proval of a majority of the council members present. There shall be a cumulative limit of 20 minutes allotted of any regular or special coun- cfi 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 mem- bet of the council, mayor, individual, group or corporation (Charter Article 3, Section 3.12). 1-10-6.2.2. Public hearings. Any person wish- ing 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 coun- cfi 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 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. (Ord. No. 87377; Ord. No. 94665) Sec. 1-10-7. Consideration ofordlnances, res- olutions 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 ber of the council may writing that has been regular council meeting. nances, in the form furnished to members can betaken on an~ made available to the the office of the city prior to the meeting at ered. This rule, as applied nance, may be suspended the affirmative vote of at voting members of the Section 3.13 B). 1-10-7.3. Effective date. become effective upon time specified in the ordinance imposing shall become effective caption once in the official (Charter Article 3, Section 1-10-7.4. Reading of aloud of a title and caption suffice as a reading. If request that the ordinance it must be so read. (Charter D). 1-10-7.5. Recording procedural motions, shall the city secretary or the city secretary and shall minutes.(Charter Article 3 1-10-7.6. Amending An ordinance shall not be except by the adoption (Charter Article 3, Section 1-10-7.7. Votes required every ordinance, resolution specificany provided in Coppell Home Rule affirmative vote of four or city council unless (Charter Article 3, Section 1-10-7.8. Abstention. the council choose to ordinance, resolution or Any mem- ordinance in agenda at a ordi- shall be No action has not been the public at 48 hours to be consid- specific ordi- necessity by of all 3, shall at any later ~that every or forfeiture of its of the city. The reading shall members entirety, 3, Section 3.13 except on call called by as or for the in the ~rdinance. or repealed ordinance. Approval of except as . of the City of require the of the by law. member of on any the city CD1:18 ADMINISTRATION council, where no declared conflict of interest exists, his or her vote shall be declared as an sffirmative vote in the official minutes of the City of Coppell. (Charter Article 3, Section 3.11 B). 1-10-7.9. Reconsideration. A motion to recon- sider any action of the Council can be made only upon the affirmative vote of four or more mem- bers 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 permis- sion. If them over modified his or her motion, the seconder may withdraw his or her second. (Ord. No. 87377) Sec. 1-10-8. Budget ~mendments after adop- tion. 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 de- sired. The council shall pass an ordinance autho- rizing the supplemental appropriations. (Charter Article 7, Sections 7.04 A and 7.03C3). 1-10-8.2. Emergency appropriations. At any time in a 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 7.04B). 1-10-8.3. Transfer of appropriations. Upon writ- ten request of the city manager, the council may, by budget amendments, transfer part or all of any unenc~mbered appropriations balance from one department, office or agency to another. (Charter Article 7, Section 7.04 D). (Ord. No. 87377) Sec. 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 other- wise specifically provided by the Charter, the mayor shall appoint the members of the council committees, subject to the approval of the council. Any commltl upon the acc for it 1-10-9.2. mittees. commissions conduct The council purpose, ability and and bers shall specified by t board, cease to special abolished board have powers city or the laws (Ord. No. Sec. 1-10-10.1. members chairman, from the persists in or the person or themselves remove the may order them. 1-10-10.2. of police, or department as or for sergeant at they shall given by the taining council. U be the duty § 1-10-10 shall cease to exist of the special purpose or when abolished by a commissions and corn- may create other boards, to assist in the of the city government. ordinance, prescribe the functions, duties, account- commission and selection of mere- by the council if not Charter or by state law. Any so created shall accomplishment of the it was created, or when vote of the council. No appointed shall advisory to the council or as provided by the Charter of Texas. of decorum. An persons (other than uest of the If after receiving a warning person or group of persons, the meeting, the chairman chairman may order that to remove himself or meeting. If they do not from the meeting, person acting as chairman at arms to remove him or from a meeting. The chief of the police or the person acting may designate, shall be council meetings. He or all orders and instructions for the purpose of main- _ at the meetings of the of the chairman, it shall at arms to remove CD1:19 § 1-10-10 COPPELL CODE 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. (Ord. No. 87377) Sec. 1-10-11. Cameras and recording devices. 1-10-11.1. Supplemental lighting. Supplemen- tal 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 ~raount of discomfort to the members of the public in attendance. 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 m~iring such a determination require that the use of such lighting be discontinued. (Ord. No. 87377) Sec. 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 ~ffirmative vote of four members of the council shall require him to do so. (Ord. No. 87377) CD1:20 CITY COUNCIL MEETING: September 25, 200 ;T FORM ITEM it ITEM CAPTION: Consider approval of an ordinance abandoning a 20-foot drainage easement Block B of the Fifth Section, North Lake Woodlands; and authorizing between Lots 20 and 21, fign. SUBM1TrED BY: Kenneth M. Griffin, P.E. TITLE: Dir. of Engineering/Public Works STAFF COMIVIENTS: The Engineering Department is in the process of finalizing the plans and an approximately 175 foot box culvert between Lots 20 and 21,Block B of Woodlands (149 and 153 Meadowcreek Drive) as identified in our Storm this property was platted, a 20-foot drainage easement was platted However, over time the drainage way has eroded and meandered in such a the 20-foot drainage easement is not conducive to the installation of the owners at 149 and 153 Meadowcreek Drive have been asked to dedicate of the proposed box culvert. This will make the 20-foot drainage unnecessary. Therefore, we are abandoning the entire easement as dedicating a new easement. Both property owners have agreed to the Staff will be available to answer any questions at the Council meeting. for the construction of Section of North Lake Plan. When common property line. the current location of Therefore, property in the alignment dedicated with the plat the property owners are new drainage easement. BUDGET AMT. $ FINANCIAL COMMENTS:¥'~ AMT. EST. $ +' DIR. INITIALS: ~ FIN. REVIEW~ Agenda Request Form - Revised 5/00 Document Name: AN ORDINANCE OF THE CITY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF ABANDONING A 20 FOOT DRAINAGE EASEMENT, ON LOT 20 AND LOT 21, BLOCK B OF THE NORTH LAKE WOODLANDS AS DESCRIBED IN AND "B" ATTACHED HERETO, IN FAVOR OF THE PROPERTY OWNERS; PROVIDING ABANDONMENT SHALL BE IN EXCHANGE DEDICATION OF A DRAINAGE EASEMENT ON LOT 21, BLOCK B OF THE FIFFH SECTION, WOODLANDS; PROVIDING THAT SUCH SHALL BE IN THE INTEREST WHICH THE LEGALLY AND LAWFULLY ABANDON; SAID ORDINANCE SHALL CONSTITUTE A THAT MAY BE RECORDED WITH THE COUNTY DALLAS COUNTY TEXAS; AND PROVIDING AN DATE. WHEREAS, the City Council of the City of Coppell has location of the drainage easement on Lot 20 and Lot 21, Block B North Lake Woodlands, an Addition to the City of Coppell, Texas described in Exhibits "A" and "B" attached hereto, is not in the construction of drainage improvements; and WHEREAS, the abutting property owner desires that said abandoned and in consideration thereof has dedicated to the City drainage easement in the correct location; and NOW, THEREFORE, BE IT ORDAINED BY THE THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of determined that the drainage easement located on Lot 20 and Lot 21. Section, North Lake Woodlands, an Addition to the City of particularly described in Exhibits "A" and "B", attached hereto for all purposes, is no longer needed or necessary for public is hereby, abandoned in favor of the abutting property owner. SECTION 2. That upon dedication and acceptance easement, receipt of which is hereby acknowledged, to the City by owner, this abandonment ordinance shall constitute a Quitclaim IrAn OF that the Section, particularly for the easement be Texas, a OF Texas has of the Fifth and more part hereof be, and drainage property favor of the abutting property owner, and a certified copy of the same may Records of Dallas County, Texas, to indicate such abandonment. SECTION 3. That the abandonment provided for herein the public fight, title and interest which the City of Coppell, Texas, said drainage easement, and shall be construed to extend only to governing body of the City of Coppell, Texas, may legally and SECTION 4. That this ordinance shall become passage as the law and charter in such case provide. in the Deed only to in and to that the after its DULY PASSED by the City Council of the City of day of ,2001. APPROVED: this the CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY 'ATTOR Y 2 EXHIBIT A DRAINAGE EASEMENT ABANI Being all of a 20 feet drainage easement situated in the Abstract Number 301, and also being a portion of Lot 20 Filth Section, North Lake Woodlands, an addition to the City County, Texas as recorded in Volume 78238, page 2025, Dallas County, Texas; being more particularly described as BEGINNING at the most northwesterly comer of Lot 20 in addition, said point also being a common corner with Lot 21 addition, and said point also lying in the eastern rig Road (a 50 feet right-of-way); THENCE along the common line of said Lot 20 and said through a curve to the right having a radius of 125.00 feet, a 6000'55", whose chord bears North 34043'27" East, a chord through an arc length of 13.12 feet to a point for corner, THENCE South 14056'50, East, leaving said common line Meadowcreek Road, a distance of 34.94 feet to a point for THENCE South 40022'26" East a distance of 63.75 feet to a THENCE South 9°11'55" East a distance of 39.56 feet to a point lying in the west boundary of a 20' sanitary sewer Volume 68079, page 102, Deed Records, Dallas County, THENCE South 19°25'24" West along the common line of sewer easement and said 20 feet drainage easement, a a point for corner; THENCE North 9°11'55' West leaving said common line of= sewe~ easement and said 20 feet drainage easement, a a point for corner; THENCE North 40°22'26" West a distance of 62.69 feet to THENCE North 14°56'50' West a distance of 20.36 feet to point being in the common line between said Lot 21 and sai. Road, said point also being the beginning of a nontan Survey, Block B of Dallas ,rds of Section Fifth Section Road angle of 13.12 feet, Z0 and said corner; corner, said described in sanitary 1.75 feet to feet sanitary = 70.63 feet to corner; corner, said ]owcreek the right; THENCE along the common line of said Lot 21 and said through said curve to the dght having a radius of 125.00 6°41'05", whose chord bears North 28022'27, East, a chord through an arc length of 14.58 feet to the POINT OF 2,933 square feet or 0.0673 acres of land, more or less. Road angle of 14.58 feet, containing EXHIBIT B A=61~o'55" R= 125. O0 Ton=6. t=15.12 F~INT OF BEGINNING z~= 6 '41 R= 125. O0 Tan= Z $0 L=14.58 20.$G' LOT ~ FIFTH SECT/ON - NORTH LAKE ~OODLANDS VOL. 78238, PG, 2025 4 '56 '50 $4.94' EA~ENT fT 2,955 SOUARE FEET~ S40 72 '26 "E /III //II-' -- --1-- -- N40 ~2'26$9. / / .~ · I , 0 ~ ~ / ~ -, m F/Fro SECBON- / ~. ~ / NORTH LAKE ~OODLANDS / 4~//~' ~ ,,'~,'~ ~ ~ iI DRAINAGE EASEMENT ABAI 2,933 Square Feet, 0.0673 Acres LOT 20 AND LOT 21, FIFTH SECTION - NORTH EDWARD A. CROW SURVEY ABSTRACT No. 301 CITY OF COPPELL, DALLAS COUNTY, .DLANDS 1' H E: · C: I T Y 0 F COPP-EIJL AGENDA FORM CITY COUNCIL MEETING: September 25, ITEM # ~ ITEM CAPTION: Consider approval of a resolution condemning the praising the responders to said attack, and authorizing the Mayor to sign. the United States and SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT $ FINANCIAL COMMENTS:¥xx~' AMT. EST $ DIR. INITIALS: FIN. REVIEW:~ Agenda Request Form - Revised 5/00 £ Document Name: A RESOLUTION OF THE CITY OF RESOLUTION NO. A RESOLUTION OF THE CITY coUNCIL OF THE CITY CONDEMNING THE ATTACK ON THE UNITED RESPONDERS TO SAID ATTACK. WHEREAS, horrific and cowardly acts of terrorism week, with direct impacts on our nation's cities; and WHEREAS, we, the Coppell community, are shocked WHEREAS, our thoughts and prayers go out to the victims and WHEREAS, together we support whatever it takes w punish heinous acts; and WHEREAS, leaders throughout the nation have moved protect citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COPPELL, TEXAS: SECTION 1. That the Mayor and Council and Coppell heroism of the countless firefighters, police officers, rescue workers Guard, other public servants, and volunteers across the country; and SECTION 2. That we salute the leadership provided by York City Mayor Rudy Giuliani, the New York State Legislature, District of Columbia Mayor Anthony Williams, and other state, county, SECTION 3. That we urge an unshaken respect and America's residents, demonstrating our unity and support for each incredibly difficult times; and SECTION 4. That we are all united as Americans behind and we commend their leadership and resolve in this time of crisis. NOW, THEREFORE, BE IT RESOLVED that the Council will continue to be diligent in our security measures and as we move through this time of national crisis. TEXAS PRAISING THE United States this those acts; and and for these security and OF THE applaud the selfless of the National Pataki, New James Gilmore, officials; and the diversity of during these and the Congress Mayor and our nation's leaders DULY PASSED by the City Council of the City of Coppell September 2001. this day of ATrEST: Libby Ball, City Secretary APPROVED AS TO FORM: City Attorney T H I~ C: I T Y 0 F COPP-ELE AGENDA RE, ST FORM CITY COUNCIL MEETING: September 25, 2~ ITEM # __/_~__ ITEM CAPTION: Consider approval of a resolution to temporarily donation to the American Red Cross, a non-profit organization, to terrorists attacks which occurred on September 11, 2001, for the December of 2001. voluntary monthly utility to the victims of the October, November and SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: This resolution will provide the City Council voluntary monthly utility bill donation to the American Red Cross. This American Red Cross as the recipient of the voluntary utility bill donation the customer specifically requests their utility donation to continue going and/or Economic Development programs. authority to designate the would designate the three (3) months unless ,ort the Library, Parks, Fire BUDGET AMT. $ FINANCIAL COMMENTS:/o/pr AMT. EST. $ Dm. INITIALS~ FIN. REVIEW:(~¥ Agenda Request Form - Revised 5/00 CITY A RESOLUTION OF THE CITY OF RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, A DISASTER RELlEF FUND FOR PRIVATE VOLUNTARY SPECIAL FUND DONATION OF TWO FOR THE MONTHS OF OCTOBER, NOVEMBER AN] 2001 TO ASSIST NEW YORK AND WASHINGTON SEPTEMBER 11, 2001 TERRORISTS ATTACK, BY AMERICAN RED CROSS; PROVIDING FOR SPECIAL ACCOUNT FOR PRIVATE DONATIONS FINANCIAL INSTITUTION FOR THE DEPOSIT OF PROVIDING AN EFFECTIVE DATE. ITIONS OF ($2.00) OF THE THE OF A A LOCAL AND WHEREAS, the cities of New York and Washington D. September 11, 2001 terrorists attack are in need of financial assistance costs, to assist the families of those who lost their life and who were and equipment, and other needs and necessities; and, W~REAS, the City of Coppell desires to facilitate its contribution and aid to assist in the needs of New York and American Red Cross; and, WHEREAS, the City of Coppell currently has adopted a donation for like situations within the City; and, WHEREAS, the City Council desires to permit its citizens donations received from the water bill to a fund for relief efforts in Washington D. C.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council desires to establish an to make a donation and to authorize the staffto establish a fund at a loc purpose of providing financial assistance to the American Red Cross. SECTION 2. That the two dollar ($2.00) monthly donation be allocated to such fund for the months of October, November and requests such donation remain with the current fund; and, the victims of the rescue and recovery restoration efforts to send a financial by and through the ($2.00) voluntary )cate such voluntary of New York and OF THE CITY the citizens desiring institution for the the water bill shall except that customer be placed in the 1 43434 aforementioned account for the Disaster Relief Fund; and, direct that American Red Cross. SECTION 3. That this Resolution shall take effect as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, ,2001. APPROVED: be directed to the atter its passage the day of CANDY SHEEHAN, ATTEST: APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 9/20/01) LIBBY BALL, CITY RY 43434 ~ ~ ^ ~ . , q ~ CITY COUNCIL MEETING: September 25, 20 1 ITEM # _ l'_ i ITEM CAPTION: Consider approval of an Ordinance of the City ~)f Col~pell, Texas, approving an amendment to Ordinance No. 2000-922, the budget for Fiscal Year October 1, 2000 through September 30, 2001, and authorizing the Mayor to sign. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: See attached memorandum for details. AMT. EST. $ BUDGET AMT $ FINANCIAL COMMENTS:~'~' DIR. INITIALS~k FIN. REVIE~ Agenda Request Form - Revised 5/00 -\-BIE CITY MAN, kGER Document Name Sbudar md.doc Date: To: From: Via: Subject: MEMORANDUM September 21, 2001 Mayor and Council Jennifer Armstrong, Director of Financc~ Clay Phillips, Deputy City Manager ~ Budget Amendment - Fiscal Year 2000-01 This budget amendment is being brought forward as a clean up occurred during the last part of the fiscal year. General Fund The General Fund Revenues are being amended in the amount of $1,381,~ Franchise Fees- Electric and Gas Concession Fees Interest Income Transfer In Sales Tax $253,837 80,194 185,000 140,375 780,000 Fees received fi.om Electric and Gas Franchise agreements have Concession revenue was previously lowered in error. Interest ' still strong in the General Fund. Sales tax revenues have included totaling $932,000. The transfer in is being increased due to the closing of the Capital Replacement Fund. Expenditures for this fund' c show a net transfer in of $461,531. The original budget amount was $475 Expenditures for the General Fund are being increased $2,171,274 expenditures to the appropriate department. Expenditures are budgeted are anticipated to be spent. When the transaction occurs it is matches the intended purpose. Often times, this does not match the bud Non-departmental $153,844 Closing of Capital Combined Services 1,740,000 Transfer to IMF and ~ Fund the Reserve at claims. items which have than anticipated. interest rates, is one time payments treatment of the being increased to items, or moving artment where they department that best Fund to Self Insurance to of three months Facilities management 58,000 To cover emergency Fire Station #2, and generators, ~nter. Police 459,430 E911 Funds for the July 10, 2001 Water/Sewer Fund Revenues are being increased for water sales that were higher than Child Safet~ Revenues are being amended to reflect the collection of the Child September l, 2001. Police Special Revenue Fund Revenues and expenditures are being amended to reflect the National l Parks Special Revenue Fund Revenues are being decreased to reflect anticipated collections. Tree Preservation Fund Revenues are being amended to reflect actual collections plus Infrastructure Maintenance Fund Revenues are being amended to reflect the $1,500,000 transfer from Self Insurance Fund This fund is a new fund for this fiscal year. Revenues and expenses current expectations. Recreational Programs Revenues are being decreased to reflect anticipated collections. Capital Replacement Revenues and expenses are being amended to reflect actual amounts CRDC Special Revenue Revenues are being increased for the numerous one time sales tax Expenditures are being increased regarding the contract on ' 2 eginning earnings. amended to reflect ~se the fund. the city has received. II. 300 Municipal Drive Richardr, on, TX 7S080 P.01/01 Fax¢972)669-82s$ To: Klm Tiehen City of Coppell Fax: 972-304-357:~ From: Neal Stanley Re: Contingency Reserve Date: September 20, 2001 This letter will confirm the suggestion I made on the tele contingency reserve l:or self insured plans. Since the suggested ~unding covers the paid claims and the for unpaid claims plus the fixed costs, the plan would only claims are greater than the claims expected in the suggested The purpose of aggregate stop loss coverage is to protect a however, the stop loss coverage only applies to claims expecLed. It would therefore be prudent for the plan to for the difference between the expected cost for the plan and the plan. Since 25% of expected claims is approximately t contingency reserve of three months expected claims is contingency reserve, l The contingency reserve is in addition to the reserve for ou~st~nd reserve would still be needed even il: the experience for the plan wa NS:mh lay concerning a in the reserve of funds if the g calculation. that possibility; 125% of lency reserve raximum cost for )nths claims, a suitable as a lng claims. This s unfavorable, TOTRL P.01 C50.122 Specific Operating, Use of an Internal Service Fund .122 If an entity uses an internal service that fund should recognize claims expe graphs. 11__!_0j_hrn_qgh_. 11____4. Claims I expected to be recovered through but not reasonably estimable That paragraph also requires [GASBS 10, ¶65] .123 The internal service fund may use other funds of the entity, as long a. The total charge by the internal se culated in accordance with paragraph b. The total charge by the internal actuarial method or historical dod of time so that internal service fur equal. c. In addition to item b above, the total funds may also include a reasonable [GASBS 10, ¶66] .124 Charges made in accordance with nized as revenue by the internal service other funds of the entity. Deficits, if any, plication of paragraph .123b and c do any one year, as long as adjustments are ever, a deficit fund balance of the internal to financial statements. Retained application of paragraph. 123c should tastrophe losses in the notes to the finan( .125 If the charge by the internal servi( amount resulting from the application ported in both the internal service fund ar the charge by the internal service fund to 1 claims over a reasonable period of time, fund should be charged back to the ott' expense of those funds. [GASBS 10, · 126 Entities that elect tc[ report their risk fund should report long-term claims liabil liabilities of the internal service fund. The, its risk financing activities; liabilities ~n accordance with para. d be reduced by amounts amounts that are probable in accordance with paragraph .115. that are reasonably possible. s it considers appropriate to charge )ns are met: the other funds for the period is cal. h .114, or to the other funds is based on ~ and adjusted over a reasonable pe- les and expenses are approximatel~ Ihe internal service fund to the other · expected future catastrophe losSeS.' provisions should be recog- as expenditures/expenses by thb service fund resulting from ap- charged back to the other funds in able period of time; how~ Jnd should be disclosed in the note~§: internal service fund resulting fmC' as equity designated for future ca~' [GASBS 10, ¶67] the other funds is greater than the' .123, the excess should be re;~ operating transfer. funds fails to recover the full cost oil fund balance in the internal servic~!!'i and reported as an expenditure?: i! 3ent activities in an internal serviC~'~.' dously reported in the GLTDAG eci ')f '.h es6 liabilities should be de~'~ AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, AMENDMENT TO THE BUDGET FOR THE CITY FOR OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 20011 EXPENDITURES FOR SAID FISCAL YEAR SHALL BE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE WHEREAS, the Budget Officer of the City of Coppell, August, 2000, file with the City Secretary, a proposed general fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved of September, 2000, and WHEREAS, the governing body of the City has this date budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY OF COPPELL, TEXAS: i SECTION 1. That Section No. 2 of Ordinance No. 2000-922, for the Budget, is hereby amended as follows: General Fund Current Budget Revenues $26,750,325 Expenditures Non-Departmental Combined Services Facilities Management Police $0 1,235,916 929,682 4,959,763 Total Expenditure Increase Less Designated Net Increase in Projected Fund Balance BUDAMND.ORD Amending Budl ~et $28,132,174 $153,844 2,975,916 987,682 5,419,193 AN FISCAL YEAR THAT ACCORDANCE on the 3rd day of City covering the on the 5th day amendment to said OF THE CITY ~.000-01 Fiscal Year Change $1,381,849 $153,844 1,740,000 58,000 459,430 $2,411,274 (1.959,430) $930.005 Water/Sewer Fund Current Budget Revenues $13,153,570 Net Increase in Projected Retained Earnings Child Safety Fund Current Budget Revenues $120 Net Increase in Fund Balance Police Spec. Rev. Fund Revenues Expenditures Current Budget $14,835 $18,589 Net Increase in Projected Fund Balance Park Spec. Rev. Fund Current Budget Revenues $216,000 Net Decrease in Projected Fund Balance Tree Preservation Fund Current Budget Revenues $81,750 Net Increase in Projected Fund Balance Infrastructure Maint. Fund Current Budget Revenues $265,000 Net Increase in Projected Fund Balance Self Insurance Fund Revenues Expenditures Current Budget $1,114,200 $925,000 Net Decrease in Projected Retained Earnings Recreational Programs Current Budget Revenues $287,540 Net Decrease in Projected Fund Balance BUDAMND.ORD Amending Budget $13,886,775 Amending Budget $1,520 Amending Budget $29,347 $25,957 AmendingBudget $165,000 Amending Budget $97,00C Amending Budget $1,765,00C AmendingBudgel $1,165,50E $1,050,00~ AmendingBudgel $260,485 Change $733,2O5 $733:205 Change $1,400 $1,400 Change $14,512 7,368 $7.144 Change $(51,000) $(51.000~ Change $15,250 $15,250 Change $1,500,000 $1,500.000 Change $51,300 125,000 $73.700 Change $(27,055) $(27.055~ Capital Rep. Fund Current Budget Amendin~ Budge Revenues $32,924 Expenses $235,000 Net Decrease in Projected Retained Earnings $36,48: $615,3T CRDC Spec. Rev. Fund Current Budget Amending Budge Revenues $3,996,287 Expenditures $4,841,307 Net Increase in Projected Fund Balance $4,371,69~ $4,901,77' SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately t~om am and charter in such cases provide. DULY PASSED and adopted by the City Council of the City of Coppe of September, 2001. APPROV] CANDY ATTEST: LIBBY BALL, CITY SECRETARY ~ROBERT E. HAGE~CITY ATTORNEY after il 1, Tex.' D: Change $3,558 380,375 $376.817 Change $375,403 60,470 $314.933 passage as the law ts, on the ~ day ~q, MAYOR e k- ~'s'~'~ ~' ~ ~ CITY COUNCIL MEETING: September 25, 2001 ITEM CAPTION: Consider approval of a Professional Services Agreement between the Cit~ Architects, Inc., for the preparation of Comprehensive Planning and Coppell Historic Area in an amount not to exceed $65,000.00, and author SUBMITrED BY: TITLE: STAFF COMMENTS: BUDGET AMT. $ Gary L. Sieb Director of Planning and Community Services AMT EST $ of Co P~rchit, zing t~ ITEM +\-BI D $ pt)eH and Looney Ricks Kiss .'cmral Services for the Old .e City Manager to sign. FINANCIAL COMMENTS: Funds for this contract will need to come from Undesignated Fund BalanCe. ER RE~~MANA DIR. INITIALS: ~Si[~ FIN. REVIEW:,~ CITY G Agenda Request Form - RevisedS/00 ' DocumentN : AGREEMENT BETWEEN THE CITY OF COPPELL (C AND LOONEY RICKS KISS ARCHITE (CONSULTANT) FOR MASTER PLANNING SERV FOR OLD COPPELL Agreement Old Coppell Master Plan ITY] CTS [CE~ INC. Page 1 of 7 AGREEMENT AGREEMENT made as of the 25th day of September the Year Two Thousand and one BETWEEN the City: City of Coppell 255 Parkway Boulevard Coppell, TX 75019 and the Consultant: Looney Ricks Kiss Architects, Ir :. 209 l0th Avenue S., Suite 408 Nashville, TN 37203 for the following Project: Old Coppell Master Plan The City and the Consultant agree as set forth below. Agreement Old Coppell Master Plan Page 2 of 7 TERMS AND CONDITIONS OF AGREEMENT CITY AND CONSULTANT ARTICLE 1 CONSULTANT'S SERVICES The Consultant's Scope of Services for this Project is described in of this Agreement. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 2.2 2.3 3.1 The City shall provide full information regarding req~ The City shall designate a representative authorized to respect to the Project. The City, or such authorized documents submitted by the Consultant and shall render promptly, to avoid unreasonable delay in the progress of the The City shall furnish required information as expeditiously !as nec progress of the Work, and the Consultant shall be entitled t~ rely completeness thereof. ARTICLE 3 DIRECT EXPENSES Project. City's behalf with shall examine the pertaining thereto services. ;ssary for the orderly ~on the accuracy and Direct Expenses are included in the Consultant's compensation idqntified in Article 9.1 and include actual expenditures made by the Consultant ant the C~nsultant's employees and sub-consultants in the interest of the Project for the exI,enses ~sted in the following Subparagraphs and shall be itemized in the billings subndtted tt the City under the headings provided as follows: ~ 3.1.1 Reasonable expenses of transportation and living exp!nses ii connection with out-of-town travel, I 3.1.2 Long-distance communications, courier services and facsim e communications, Agreement Old Coppell Master Plan Page 3 of 7 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7 Fees paid for securing approvals of authorities having j and Sales & Use Tax, if any, Reproductions and photographic services, Renderings and models requested by the City, which contemplated in the Scope of Services described in Expenses of data processing and Computer Aided Desi for or related to the provision of services or activities in the Scope of Services as described in Exhibit A, and Expense of overtime work requiring higher than re City and if required for or related to services for in the Scope of Service described in Exhibit A. over the Project for or (CADD) not provided for f authorized by the are not provided ARTICLE 4 PAYMENTS TO THE £ 4.1 4.2 4.3 4.4 Payments are payable to the Consultant within thirty (30) Invoices are sent out every month and the City will have receipt of the invoice in which to review the invoices working days from receipt of the invoice, said invoice will be If the Project is suspended or abandoned in whole or in part the Consultant shall be compensated for all services or abandonment, together with Reimbursable Expenses resumed after being suspended for more than three compensation shall be equitably adjusted. Suspension of Work - For any invoice outstanding for mol from the date of invoice, the Consultant has the option to under this Agreement until the account is brought current. Ct completion of work by the Consultant under this Agreement of fees by the City. Failure to Pay - Failure of the City to pay an invoice of the forty-five (45) days from the date posted shall grant the Co: to any and all other rights provided, to refuse to render furt such act or acts shall not be deemed a breach of this Agreeme Agreement Old Coppell Master Plan e than suspen ,ntinue~ is cont: ,onsult~ sultant her set nt. the date of invoice. business days from t. After ten (10) accurate. than three months, to such suspension If the Project is the Consultant's (45) days :l ail work specified I performance and/or ngent upon payment mt to the City within the right, in addition ~ices to the City and Page 4 of 7 4.5 No deductions shall be made from the Consultant's negligence by the Consultant, except pursuant to a judici~ voluntary mediation. of claims of or as a result of ARTICLE $ CONSULTANT'S ACCOUNTING REI 5.1 Records of Reimbursable Expenses and expenses basis of a Multiple of Direct Salary or Direct Personnel basis of generally accepted accounting principles and shall City's authorized representative at mutually convenient times. performed on the be kept on the >lc to the City or the ARTICLE 6 DISPUTE RESC 6.1 Any controversy, claim or dispute arising out of or performance of this Agreement, or breach thereof, shall mediation to be conducted by a mutually acceptable litigation. interpretation or to voluntary to resorting to 7.1 7.2 7.3 ARTICLE 7 TERMINATION OF AC This Agreement may be terminated by either party upon thi~y (301 should the other party fail substantially to perform in accordance ,~ no fault of the party initiating the termination. This Agreement may be terminated by the City upon at le~t thir notice to the Consultant. of termination not the fault of the Consul.t4nt, thq In the event for all services performed to the termination/ compensated Reimbursable Expenses then due. days' written notice ith its terms through (30) days' written Consultant shall be date, together with Agreement Old Coppell Master Plan Page 5 of 7 8.1 8.3 8.4 ARTICLE 8 MISCELLANEOUS law of the State of Unless otherwise specified, this Agreement shall be goveme~ by th~ Texas and all Venue for any actions arising from this Ag ~emen shall be in Dallas County, Texas. As between the parties to this Agreement; as to all acts or fail' res tO tot bv elth~ this Agreement, any applicabi,. ~tat'a?_ cfi lirnitutln-.g :?.all- ~omm¢ nee ~o run and any alleged caus~ of ~,'t!~n al,ali oe deemed to have accrued in . ~th.a,:~fite date of final payment. The City and the Consultant, respectively, bind themselves assigns and legal representatives to the other party to this A successors, assigns and legal representatives of such covenants of this Agreement. Neither the City nor the transfer any interest in this Agreement without the written co~ successors, and to the partners, with respect to all assign, sublet or 'the other. This Agreement represents the entire and integrated Consultant and supercedes all prior negotiations, written or oral. This Agreement may be amended only by both the City and the Consultant. the City and the agreements, either signed by ARTICLE 9 BASIS OF COMPEN 9.1 9.2 9.3 9.4 COMPENSATION FOR THE CONSULTANT'S SERVICI Consultant's Services, shall be Sixty-five Thousand Dollars shall be paid monthly in proportion to services rendered, COMPENSATION FOR ADDITIONAL SERVICES shall be in addition to the above amounts and shall be advance by the City. COMPENSATION FOR DIRECT EXPENSES is included i The City and the Consultant agree in accordance with the Agreement that: 9.4.1 Arti~ IF THE SCOPE of the Project or of the ConsUltant's materially, the amounts of compensation shall be ag~ed to i Agreement Old Coppell Master Plan :ribed in Article 1, Cents ($65,000) and with Article 4. the City Manager :ixed Fee approved in [e 9.1 above. md Conditions of this services is changed n advance. Page 6 of 7 9.4.2 IF THE SERVICES covered by this Agreement have twelve (12) months of the date hereof, through no amounts of compensation rates and multiples set adjusted upon mutual agreement of the parties. completed within Consultant, the shall be equitably OTHER CONDITIONS OR SERVI¢ 10.1 OTHER SERVICES - The Consultant shall provide the se Scope of Services as described in Exhibit A of this the Consultant shall provide Additional Services, to be accordance with Article 9.2. These services may include, but: 10.1.1 Additional meetings may be requested by the City, additional meeting shall be agreed upon in writin occurrence thereof. described in the by the City, an hourly basis in to: The cost of each parties prior to This Agreement entered into as of the day and year first written abov CITY CONSULTANT The City of Coppell Looney Ricks By: By: Jim Witt Title: ~ Title: Inc. Agreement Old Coppell Master Plan Page 7 of 7 Exhibit "A " General Project Description The City of Coppell has hired a consulting team led by Looney Ricks Plan for Old Coppell. The Old Coppell Master Plan will be that will include background research, public input, a planning and plan document, public presentations and input, and final plan ' ' wide range of issues, including new infill development, rehabilitation. streets and streetscapes, public policy amendments, economic and The final plan document will be in an 11 x 17 "landscape" software. a Master ['our-step process a draft an will address a :buildings, lity, and marketing. computer Project Study Area See Attachment #1 for a map of the project study area, which is herein as set forth in full. and incorporated Project Team Looney Ricks Kiss will lead the planning effort serving as the perform a specific role or set of roles, as follows: and each firm will Looney Ricks Kiss Project management, public input, land use planning, urban design, economic and fiscal analysis, implementation strategies Urban Prospects Local project management, public input, historic preservation Angie Rawie Economic development, market analysis and feasibility studies Scope of Services Task 1.0 Background Research & Analysis - (Trip #1) This initial task will serve as the research and diagnosl balance of the master plan will rely. In addition to sul: conducted on site, the following members of the Proje working days in Coppell as part of Trip # 1: Phil Walk, Emrlch, and Angle Rowie.* Task 1.0 will include the Task 1.1 design, ic phas sequen :t Tean ~'r, Kat[ follow articipz on which the work not will spend two (2) ryn Fuller, Ron ng six (6) sub-tasks: * Angie Rowie will spend less than two (2) full days 1: .ting in Trip #1 / Initial Client Meeting I L This meeting with the Client will fine-tune the projectisehed~e, and allow the Project Team to gain additional insights from the Cliefit. The Team will also be provided with any available information not previously provi~ted by the Client, such as: . Socio-economic data Exhibit "A ' T~kl.2 T~kl.3 T~kl.4 $cooe of Services: ~ld Corn ~ell Master Plan Real estate market information · Base map data (electronic format) · Zoning and development regulations · Relevant plans and studies If the City appoints a project steering committee, it wculd be ~ppropfiate to include them in this meeting. Physical Analysis As part of the initial field work for the project, the Pmieet T~ tm will document the study area's existing physical conditions through n tappin i, field notes and photography. An example of this work will be for the Proje¢ Team to update the City's existing land use map for the study area. Based upon aat field research and existing data, the Project Team will conduct an ev aluati( of the study area's existing conditions, with an emphasis on: · Existing land uses · Buildings · Streetscapes · Streets and parking · E~tisting/potential public spaces · Primary potential rehab/redevelopment properties · Natural features Economic & Market Evaluation In order to address the plan implementation and financial issq .'s that will be found in the latter sections of the master plan document, theprojec~ Team will obtain from the Client existing relevant information (to the e~ctent tlJat it is already compiled and available), such as the following: · Retail sales statistics · Employment statistics · Property tax data · Real estate market data · Census data · Municipal budget information The Project Team will also interview representatives~f the r~al .esta. te,~ .. retail/service, and economic development sectors. Based up~bn this mmrmauon, a eneral assessment of the current status and future potential ~'or the study area's ~conomy and real estate market will be performed, lturthe.r~hore, the study area's market position will be compared with other relevant lareas il the community and Metroplex. Public Policy Review 1 The Project Team will review all relevant plans and c~.ent development regulations to determine their impacts 0~t the s emphasis will be placed on identifying existing barriers to i: 2 oning and udy area. An vesting in the study ExhibR ;A~ Taskl.5 Task 1.6 Task 2.0 Scooe of Setvices: Ob area. Issues to be addressed are permitted land uses, bul parking standards. This task will be particularly impo~ when the Project Team suggests a regulatory framework review process (i.e., design guidelines, review boards, el determined that design review is desirable. Stakeholder Group Meetings The Client will identify for the Project Team key useful information and perspectives on the various' Up to four (4) meetings with various stakeholder groups (2) to three (3) key members of the Project Team, with to ten (10) individuals having a common interest in will last between one (1) and one and one-half (1.5) potential stakeholder groups might include the · Property owners / real estate professionals · Residents · Business owners/operators · Institutional representatives 1 Cooo~l k requi x~t latel to imp c.), she Initial Public Meeting Although the exact agenda will be determined with interactive forum might feature the following · Explanation of the project process and objectives · Identification of the study area's challenges and · A Vision Survey to obtain input on A Vision Survey is a process in which participants rate ~,hotos Powerpoint program representing various planning and 9esign are then tabulated m order to determine the commumty'~ cons issues. In order to maximize the Client's budget, the Cllent wi tabulations. This tool should be useful in resolving the 9omml conflict between the study area's 1930s and 1940s archilecture architectural style" that the public has typically supportOd. A .~ survey results will be included within the Master Plan d~cume Charrette & Concept Plan Development - (Trip #2) A "charrette" is an intensive process in which numerou~ peopl over a limited period of time to develop creative ideas ~r sol~ the charrette process has deep roots in the planning and desig~ Although the proposed methodology has been designed to enc input throughout this project, Task 2.0 offers the single greate: the meaningful "hands-on" involvement of both the Client ant most tangible outcome of the charrette will be the Con.c~pt Pla day task will require strong teamwork between the Project Tea The Client will be responsible for recruiting and schedUling all Master Plan cements, and ' in the process iement a design lid it be 'ho can provide the study area. by two including up Each meeting ~les of this very in a issues. The results nsus on design [1 perform the nity's current and the "old world ammary of the lt. ,' work together .ng problems, and professions. mrage strong public t opportunity for the public. The a. This three (3) aa and the Client. public participants. Exhibit 'A " Task 2.1 Task 2.2 The Project Team's charrette participants will consist ot Kathryn Fuller, John Van Fossen, Ron Emrich, and will feature the following four (4) sub-tasks: * Ron Emrich and Angie Rowie will spend less than participating in Trip #2 Follow-Up Field Work (Day One: moming& ~ This task will give Project Team members charrette to build on previous impressions of the Task 1.0 initial trip to Coppell. It will also serve as those members who were not part of Trip #1. In development and urban design features that "work" and identified, both within the study area and elsewhere in field information not previously obtained, but since re¢ be gathered as part of this task. Public Cbarrette Session (Day One: evening) Prior to Task 2.0, the Client will select ~everal public charrette session. In order to keep the process it is recommended that no more than approximately 30 this particular session. Participants should be key variety of study area interests. If the City appoints a project, that group's members should also be Client and public charrette participants will gather at achieve the following steps over a two to three-hour period: Charrette Orientation The Project Team will address the following items: i Charrette Purpose & Overview · Results of the Public Input to Date (Vision Charrette "Ground Rules" Hunter Gee, ie.* The charrette days the during the of land uses, will be t. Also, any as necessary, can involved in the and productive, ;be selected for representing a )mmittee for this The Project Team, facility and Charrette The participants will split up into three (3) guidance from the Project Team prior to this trip, the for making team assignments, with the goal by their interests, as well as compatible personalities. approximately ten (10) members will locate at a have an aerial map for informational drawing, tracing paper, several markers, and a flip charrette team will also be assigned one (1) serve as a "facilitator" to lend structure to the team's other Project Team members will be "floaters" to needed. The Project Team members will keep the positive direction by asking provocative questions if "stuck," but they will not do the planning for them. encourage creativity, include full participation by all ~:harret}e team 4 / Based upon be responsible are well-balanced team of Each team will a base map for easel. Each Project Team to efforts, while the support as moving in a teams get should members, Exhibit "A" T~k2.3 Task 2.4 $cooe of Services: O, and be based upon ambitious and positive thinking. charrette team will be a colored-up base map which design concepts, as well as flip chart pages that list plan. d Cooo~'ll Master Plan product for each planning and of the charrette Charrette Plan Presentations & Wrap-Up Following the completion of thc charrette session, reassemble and one or more members of each team utilizing their illustrated maps and flip chart notes. there will be time for questions and comments. presentations, the Project Team consultants identifying common denominators between the ratio suggest how their ideas might be combined to form Concept Plan as a prelude to the teams will plans presentation, team evening by plans, and for a single study area. all Based upon the Task 1.0 background work and the charrette session, the Project Team will develop the borrow the best ideas fi.om public charrette plans, and refined with additional ideas from the Project Team. include an illustrated plan map, schematic renderings, it will address key considerations for the study area, · Land uses Streetseapes, gateways, and parks/plazas Access and parking · Architectural and urban design · Key redevelopment opportunities (rehab and At some point during this task, the Project Team will receive feedback on the work accomplished up to this Day One public 'lan. This plan will expanded and Plan will · ' i text, and the Client to the Task 2.0 trip. Concept Plan Presentation (Day Three: evening) Similar to the Task 1.6 public "kick-off' meeting, Project Team's prior trip to Coppell, this meeting will Lasting approximately 1.5 to 2 hours, this evening following key components: · Opening Comments & Project Methodology · Overview of Existing Conditions · Presentation of the Public Input Results (Vision S ey, · Description of the Public Charrette Process · Presentation of the Concept Plan Because of the importance of public interaction, a generous be provided for questions and answer. Deliverable: Concept Plan culminate the ~blicized. include the mount of time will Exhibit UA ~ Task 3.0 Task 3.1 Scdoe of Services: Old Coo~ Preparation of the Draft Master Plan Based upon the background research and public input I the first two tasks of the project, as well as the Plan will be prepared. Components of the plan will ~11 Master Plan ,,onducted during draft Master following: Physical Master Plan This portion of the plan document will address all including traffic and urban design, as follows: plan, Illustrated Physical Master Plan This illustrated plan will constitute a formalized and address the following issues: · Land uses · Buildings (including rehab and infill · Streets (including streetscapes) and parking · Public spaces - parks and plazas Concept Plan Urban Design This section will expand upon the ideas related to streetscapes and public spaces conveyed in the Illustrated Physical and include design principles addressing the following design ms: · Building heights and setbacks · Building scale and massing · Facade design - rhythm of openings, orientation detaili:~g, etc. · Roof forms and materials · Streetscapes - parking, sidewalks, landscaping, ~. ghting, furnishings In addition to text, the urban design principles will 1 e conv ~yed using a series of exam le photographs of"appropriate" and "inapprc )riate" design. This section P . , will be critical to resolving the current confhct betw .'en the study area s 1930s and 1940s architecture and the "old world archi!,e, ctt ral style" that the public.h, as typically supported. Depending upon the Client s 1~ vel of interest, opportumtms for public art might also be identified. Access & Parking 1 With an emphasis on balancing sufficient vehicular ]a.c, cess pith pedestrian considerations, the issues addressed in this section will include: · Intersection improvements: crosswalks, pedes~an bull, s, etc. (if relevant) · Street cross-section designs: dimensions for dri¥ing la~, e.s, parking lanes, sidewalks, planting strips, building setbacks, building l~eights, etc. · ' Street system: connections, extensions and aliens (if re] evant) · Stre~tscapes: sidewalks, lighting, furnishings, e~c. · Potential gateway treatments: signage, landscaping, pa'ting, etc. · On-street & off-street parking: shared parking opportm dries, etc. 6 Exhibit ~A " Task 3.2 Task 3.3 Scope of Services: O~d Cooo II Master This section will also consider the City's 1991 influence, NCTCOG contributions, and the impact ~/an Plan, DART Visual Simulation Based upon the various design recommendations in plan, computer technology would be used to produce in which a color photograph of an existing view to realistically illustrate the a, ppearanee of the area These "before" and "atler" images can help powerfull Master Plan. A variety of optional views will be selection of the simulation view. physical master simulation is manipulated ideas of the the Client for their Economic Development Strategy & Fiscal Implications This section of the plan will address the following two Economic Development Strategy The economic development strategy will consider financial incentives to attract future investment in the premature to state what specific incentives will be incentives for consideration might include: · Tax increment financing (TIF) · Ptablic improvement districts (PIDs) · Revolging and/or Iow-interest loans · Facade improvement grants · Tax abatement programs · Approval fast-tracking of potential While it is potential Some of the strategies listed above will be dictated b) State qnabling legislation. Once a variety of potential programs have been resemched, c~nsidered in light of the study area, and discussed with City officials aM repreq mtatives of the local real estate community, specific recommendatio~ will l:l made. ! Fiscal Implications . This plan section will examine the potential fiscal ber.efits in a future build-out scenario for the study area. In particular, the funds ge nerated by increased property tax revenues will be contrasted with the cost:~ of bas ic public services. As proposed, this section will provide a general over~ iew of Ihe fiscal implications of the plan, but will not constitute a deta led tis(:al impact analysis. Plan Implementation t . 4,s ~s This task is critical to successfully transformmgthe pi ide into reality, and it will include the following two elements: Implementation Matrix & Explanation ~ This important component of the plan will prioritize allof th~,' key recommendations of the plan within a matrix format, {tnd indicate the priority level, proposed time-frame and responsible implementing p~x ~. A written explanation will elaborate on the matrix. 7 Exhibit "A " $cooe of Services: 0 'd Corn) ~.11 Master Plan Task 3.4 Task 4.0 Task 4.1 Task 4.2 Task 4.3 Coordination with Other Plans & Initiatives Consideration of how this master plan for the other City plans and initiatives will address, at · Park Master Plan · Hike/Bike Study · 1991 Thoroughfare Plan · Adopted Construction Schedules will relate to following: In-House Design Review As is customary for LRK, once a draft document is LRK's Memphis and Princeton offices and a desi Then, using video confereneing between the Nashville offices, a lengthy review and discussion will occur to plan. This process is particularly valuable in that experience with such projects, but some of whom will l from the Project Team members, will be able to this review and any necessary revisions occur, the the Client for review. Deliverable: Draft Master Plan Presentations, Revisions & Summary Document - rips Public Presentation & Revisions (Trip #3) ~ Following sufficient time for Client revieTM, the Proje.cl Tear draft Master Plan to the Client and public. Participating te~ include Phil Walker, Hunter Gee, Ron Em_rich and ~Angie R, review of the draft Master Plan by the Client, input from the and the Client's submission &one "red-lined" copy b~ck to any necessary revisions, the draft Master Plan will be revise, Client. Phil Walker and Ron Emrich will provide a presentation of t[ separate public hearings as part of two (2) separate trips. Om before the Planning Commission and the other will be before 8 are sent to is scheduled. and Princeton to enhance the ~tantial perspective the plan. Once Plan will be sent to 1, 4 & 5) will present the members will de. Based upon a ublic presentation, te Project Team for md submitted to the Summary Document Following the Task 4.1 revisions, the Project Team wiH preps re a summary document to convey the key ideas of the plan to the pu~.lic in a concise and graphic manner. This document will be generally comistent in its format and appearance with the project summary marketing piece~submi Red as the appendix section of the LRK Team's proposal submission as pa~t of this project's Request for Proposals process (11 x 17 size foisted to create foUr 8.5 x 11 pages). as an executive However, this summary document will include more t~xt to s~rve / summary. Public Hearings (Trips #4 & 5) plan at two (2) :presentation will be the City Council. Exhibit "A " Scooe of Services: While it is not anticipated that additional ' ' point in the planning process, any necessary additional prompted by the hearings can be made as part of this Deliverable: Final Master Plan and Summary copy of the Master Plan; and one (1) electronic copy ot Summary Document on computer disk (including map., oLd Coo~ll Master Plan I necessary at this to the plan one (1) bound Plan and Trips & Meetings Based upon this scope of services, a total of five (5) trips by the Pro: meetings will occur. The specific team members participating in each within the scope of services above. Below is a summary of the trips Task 1.0: Background Research & Analysis 2.0: Charrette & Concept Plan Development 3.0: Preparation of the Draft Master Plan 4.0: Presentations, Revisions & Summary TOTAL # of Trips # 1 1 0 ~ 5 * Does not include various interviews/meetings with individuals ** Does not include one or more informal meetings with the Client update Any additional trips by the Project Team or its key members and will be considered Additional Services. and eleven (11) been described ~as needed Plan status described above Project Deliverables The following work products ("deliverables") are proposed-: Task 1.0: Background Research & Analysis 2.0: Charrette & Concept Plan Development 3.0: Preparation of the Draft Master Plan 4.0: Presentations, Revisions & Summary Deliverable None Concept Plan Draft Master Plan Final Master Plar~ & Sm original, 1 bound copy a on computer disk) mary Document (1 .ad 1 electronic copy Project Schedule 1l~ The six (6) month schedule summarized below is proposed for Task 0 thro gh Task 4.1 of the project. Because of the lack of certainty regarding the scheduling of l~lannin~ Commission and 9 Scope of services: OJd cooo Exhibit "A " , City Council hearings, Tasks 4.2 and 4.3 may require additional time beyond month schedule. Task Week(s) 1.0: Background Research & Analysis 1-6 2.0: Charrette & Concept Plan Development 7 3.0: Preparation of the Draf~ Master Plan 8-20 4.0: Presentations, Revisions & Summary 21-24 Budget & Compensation Method It is proposed that the entire budget for this project be $65,000, which professional fees and $5,265 in expenses. Below is a break-out oftha scope and fees per firm: Budget by Scope Task Fee. Ex 1.0: Background Research & Analysis $12,220 2.0: Charrette & Concept Plan Development $~6,290 SE 3.0: Preparation of the Draft Master Plan $18,775 4.0: Presentations, Revisions & Summary $12,450 $1 TOTAL $59,735 $5 Professional Fees by Firm Firm Fee Looney Ricks Kiss $47,313 Urban Prospects $8,000 Angie Rawie $4,420. TOTAL $59,735 10 includ~ :budge ~enses 900 6O0 $65 7OO 265 ti Master Plan ]e proposed six- $59,735 in in terms of project Total $13,120 $18,890 $18,840 $14,15Q $65,000 T H E: C I T Y0F CO 1) i:2- ' AGENDA ;T FORM CITY COUNCIL MEETING: September 25, 20( ITEM # ITEM CAPTION: Consider approval of an ordinance establishing loc~ providers by amending Chapter 9, by adding Article 9-22, "Retail Electrical date therefor; providing suspension or revocation of provider's registratio! chapter; providing for a frae not to exceed Five Hundred Dollars ($5012 providing an effective date, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT $ FINANCIAL COMMENTS: AMT EST. $ DIR. INITIALS: Agenda Request Form - Revised 5/00 CITY MAN1 Document !Ordinance regi,, 'rovid upon }0) p, \-BID ~GERi ration of retail electrical xs"; providing an effective non-compliance with this 'x violation, per day; and P-,_EVIEW: Name: AN ORDINANCE OF THE CITY OF COPPELL, ORDINANCE NO. AN ORDINANCE OF THE CITY OF COI ESTABLISHING LOCAL REGISTRATION OF RETAIl PROVIDERS BY AMENDING CHAPTER 9, BY ADDIN( "RETAIL ELECTRICAL PROVIDERS"; PROVIDING DATE THEREFOR; PROVIDING SUSPENSION OR RI PROVIDER'S REGISTRATION UPON NONCOMPLIAi~ CHAPTER; PROVIDING FOR A FINE NOT TO HUNDRED DOLLARS ($500.00) PER VIOLATION, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Legislature in the 76th legislative municipality may require a retail electrical provider to register with the rr WHEREAS, the municipality may suspend or revoke such p noncompliance with the rules and regulations herein established; NOW, THEREFORE, BE IT ORDAINED BY THE CITY C OF COPPELL, TEXAS: SECTION 1. That Chapter 9 of the City of Coppell Code of 0 is, hereby amended by adding Article 9-22 to provide for the local re providers, which shall read as follows: "ARTICLE 9-22. RETAIL ELECTRICAL PROVIDERS. Sec. 9-22-1. Definitions. In this article the following words and terms shall meaning inscribed to them unless the context indicates otherwise Retail Electrical Provider means a person that sells elec customers in this state. A retail electric provider may not own o assets. Retail customer means the separately metered end-!se purchases and ultimately consumes electricity. . TEXAi 'PELL '~ ELE ; ART AN El ;VOCt ICE I% EXCI~ 'ER E sessio unicip~ rovider OIJN£ rdinanc istratio lave thc em : operal CU, Public Utility Commission means the Texas Public Utility Comn TEXAS, 2TRICAL [CLE 9-22, 'FECTIVE kTION OF ITH THIS ED FIVE AY; AND provided that a lity; and, s registration upon IL OF THE CITY es be, and the same of retail electrical following :rgy to retail e generation ~tomer who fission. 43178 Certification of retail electric provider means that entity or partnership otherwise certified by the state in the TEXAS UTmrrY CODE, as amended. § 39.352 of Sec. 9-22-2. Registration and Fees. All Retail Electrical Providers providing commercial or service within the City of Coppell shall register with the designee. The City of Coppell shall assess a reasonable registration in the amount of Five Hundred Dollars ($10.00) for each retail or commercial customer which such fees an annual basis. electrical or his fee for the Dollars assessed on Sec. 9-22-3. Suspension or Revocation. A. The City Manager or his designee may regulations governing the registration including the formation application. reasonable of an (1) The City Manager or his designee shall regulations to require such Retail Electrical financial and/or operation debt as is necessary to data base to administer the regulations provided for under State law. (2) The City Manager or his designee may suspend ~ revo} Electrical Providers registration and operation within the for significant violations during the registration and roles under the authority provided herein. (3) The City Manager or his designee may contract with consulting firm to perform the services herein and provide section. reasonable such a sufficient and as :e the Retail municipality ~romulgated an outside for by this Sec. 9-22-4. Penalties. A person, f'um, corporation, entity or partnership that vi41ates alProvision of this article is guilty of a separate offense for each day or part of day during which the violation is committed, continued, or permitted. Each offense, iupon cpnviction, is punishable by a fine not to exceed Five Hundred Dollars ($500.00) per offense, per day." 2 43178 SECTION 2. That this ordinance shall take effect immediatel' and the publication of the caption, as the law and charter in such cases p DULY PASSED by the City Council of the City of Coppell, Tel ,2001. APPROVED: CANDY SHEEHAN, ATTEST: ~RNEY (REI-I/cdb 9/7/01) LIBBY BA1.1., CITY SE( 3 from ~nd after its passage 1 ,vide. / ~s, thi~ the. day of kYOR 2RETA RY 43178 F C-OPPEL£ CITY COUNCIL MEETING: September 25,200 AGENDA REQ~JE~ ITEM CAPTION: Consider approval of a Resolution approving the Bylaws and the Articles Education Development Corporation; and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: AMT. EST. $ BUDGET AMT. FINANCIAL COMMENTS: of Inc, +\-BID DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. KEVIEW:~[ CITY MANAGER Document Name: !bylaws ;T FORM ~rporation of the Coppell $ [EVIEW: A RESOLUTION OF THE CITY OF COPPELL, RESOLUTION NO. A RESOLUTION OF THE CITY OF COl APPROVING THE BYLAWS AND THE INCORPORATION OF THE COPPELL EDUCATION CORPORATION; AUTHORIZING EXECUTION OF T~ PROVIDING AN EFFECTIVE DATE. WHEREAS, as a result of the August 11, 2001 election, the Cit3 and use tax for the purpose of financing programs to publicly fun through the Coppell Education Development Corporation for the pro: language, and career technology for the development of a skilled work WHEREAS, establishment of the Coppell Education Develo adoption of the Articles of Incorporation and Bylaws; and *PELL ~RTIC DEVE] ?IE SA ' of C, :led e notio ~orce; ment WHEREAS, the City Council has the responsibility of approving said ~ of authorizing execution, and appointing appropriate number of qualified met with Section 379A.021 of The TEXAS LOCAL GOVERNMENT CODE; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN£ OF COPPELL, TEXAS: SECTION 1. That the Articles of Incorporation, which are attaghed h{ hereof for all purposes as Exhibit "A", are hereby adopted and the incOrporatc hereby appointed and authorized to execute the same. and SECTION 2. That the Bylaws, which are attached hereto made purposes as Exhibit "B", are hereby approved and execution of the same is herel SECTION 3. That this Resolution shall take effect immediatelY from as the law and charter in such cases provide. TEXAS, ,ES OF '~OPMENT .ME; AND ~pell adopted a sales acation institutions of literacy, foreign nd '.orporafion requires Uticles and Bylaws, abers in accordance ',IL OF THE CITY ~,reto and made a part rs named therein are part hereof for all authorized. md after its passage 43134 DULY PASSED by the City Council of the City of Coppell, ,2001. APPROVED: CANDY SHEEHAN, ATTEST: ~ORNEY (REH/cdb 9/4/01) LIBBY BALL, CITY 2 the day of 43134 ARTICLES OF INCORPORATION OF / / We, th~ undersigned natural persons over thc age of eighteen (18) and] qualified ~lectors of I th~ City of Copp¢ll, T~xas acting as incorporators, adopt thc following of Incorporation of the Coppell Education Development Corporation. ARTICLE I NAME The name of the corporation is Coppell Education ARTICLE H STATUS The Corporation is a nonprofit corporation. The Corporation is corporation and has no members. ARTICLE HI 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 / to u li 'y opp " Development Corporation for the promotion of literacy, foreign lan~aage a~Id career technology ! / for a skilled workforce, as authorized by Section 379A of the T~x~s LOCAL ;OWRNMEm' COD£, -1- 41794 4.02 All grants awarded to any publicly funded instituti¢ purposes provided herein, shall be on a just and equitable basis in policy by the Board of Directors, in its Bylaws, approved in accordanl LOCAL GOVERNMENT CODE. 1 4.03 In no event, shall any grant be made to acquire, construct, improve or own any real property buildings, structures, improvements ~ eq~p: ARTICLE V REGISTERED OFFICE/AGEI~ The street address of the initial registered office of the Corpomt on is o Parkway Boulevard, Coppell, Texas 75019, and the name of its initial regi address is Jim Witt. ARTICLE VI DIRECTORS / The number of directors constituting the initial Board of DirectOrs is s / addresses and initial terms of office of the persons who are to serve as ~ / accordance with these Articles are as follows: NAME ADDRESS Quay Bratton 644 Quail Lane, Coppell, Texas r5019 Tiffany L. Pittman 1310 Bradford Drive, Coppell, T~xas 75 Ann Golding 837 Castle Creed Drive, Coppell, Texas Jerry Coker David Hermanski, II 131 Tennyson Place, Coppell, TeXas 751 730 Armstrong Blvd., Coppell, Texas ~e execution of the ~ce with an adopted 379A of the TEXAS )urchase, maintain, o City Manager, 255 stered agent at such .-yen, and the names, e initial directors in 1 year 019 1 year 75019 1 year )19 2 years 1019 2 years 41794 -2- J Betty Carter 787 Pelican, Coppell, Texas 7501~ 1 Peggy Quinn 305 Beechwood Lane, Coppell, ~exas 7: / Directors are appointed to serve two (2) year staggered terms at ti te Council of the City of Coppell. The initial Directors shall be appointell in a~ / schedule, thereafter all appointment shall be in accordance with these Articles removed by the City Council of the City of Coppell at any time without ca / serve without compensation except that they shall be entitled to r~imb~m incurred in the performance of their duties as Directors. ARTICLE VH INCORPORATORS 2 years ;019 2 years >leasure of the City .,ordancc with above A Director may be ase. Directors shall ement for expenses ARTICLE VHI AUTHORIZATION The City Council of the City of Coppell, Texas, has specificall~ author the Coppell Education Development Corporation, a nonprofit corporation, by the form of these Articles of Incorporation. ARTICLE IX ELIGIBILITY Directors must be residents of the City of Coppell, Texas for ~ mini Directors may not have a personal interest in a contract executed by theI corpor -3- ized the formation of tesolurion approving ~um of one (1) year. trion. Directors may 41794 The name and street address of the incorporators are Robert E. I~ager, 255 Parkway / 1 Boulevard, Coppell, Texas 75019; Jim Witt, 255 Parkway Boulevard, ~oppe~, Texas 75019; and Clay Phillips, 255 Parkway Boulevard, Coppell, Texas 75019. not be an employee, officer or member of the governing body of the Ci affected independent school district. ARTICLE X AMENDMENTS These Articles of Incorporation may at any time, and from time following: a. the Board of Directors shall file with the City Council o: a written application requesting approval of the amend~ Incorporation, specifying in such apphcation, the proposed am~ consider such application and, if deemed appropriate shall appr( amendments. The Board of Directors of the Corporation may Incorporation by adopting such amendment at a meeting of delivering the Amended or restated Articles of Incorporation to ty of G to tim~ 'the Ci ae~ts &aent ye the he Bo~ he Sec] ~ppell, Texas, or any be amended by the of Coppell, Texas, to the Articles of ~. City Council shall ~'orm of the proposed nend the Articles of trd of Directors and · etary of State, or 41794 -4- ARTICLE XII CITY APPROVAL All actions of the Corporation are subject to City Council approval. b. the City Council of the City of Coppell, Texas may, ~t its sc le discretion, amend these Articles of Incorporation, by the adoption of a resolution apl)roving amended or restated Articles of Incorporation. ARTICLE XI DISSOLUTION That the corporation may dissolve in accordance the Texas No milt Corporation Act and after the disbursement of all remaining funds in accordance with said +ct. and as provided in these Articles. All funds, if any, not other,vise dispersed in accordance with ~ese .~cles, upon or after dissolution shall be disposed of in accordance with purposes of this Cqrpomti~n to the appropriate and authorized publicly funded institutions for primary, secondary, or l~flgher e~ acation. -5- ROBERTE. HA( CLAY PHILLIP~ ~RPOR ICORPORATOR ATOR )RI)ORATOR 41794 STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public, on this day personally appeared Rc bert E. Clay Phillips, known to me to be the persons whose names are sabscril: document and being by me first duly sworn, declared that the statem~ts then and correct. Given under my hand and seal of office this My Commission Expires: dayof Notary Public, Site of'[ Hager, Jim Witt, and ed to the foregoing :in contained are true exas -6- ,2001. 41794 BYLAWS OF COPPELL EDUCATION DEVELOPMENT COIl] ARTICLE I PURPOSE AND POWERS ~ORA~ Section 1. Purpose. The Corporation is incorporated for the ~urpos~ 4.02 its Articles of Incorporation, the same to be accomplished on b~half of Texas (the "City") as its duly constituted authority and instrumentality in Better Jobs Act and Municipal Education Development Act of 2001, as amc GOVERNMENT CODE §379A, as amended, and other applicable laws. Section 2. Powers. In the fulfillment of its corporate purpose, the governed by Section 379 A of the TEXAS LOCAL GOVERNMENT ~ODE Purposes of its Articles of Incorporation, and in other applicable law, subj, prescribed herein. Section 3. Gender. The use of words in the masculine gender inclu, unless by reasonable construction it appears that such was not the intention ARTICLE H OFFICES Section 1. Principal Office. The principal office of the Corp0ratior shall be located at 255 Parkway Boulevard in the City of Coppell, Da!las Co, Section 2. Registered Office and Registered Agent. The Corpor. continuously maintain in the State of Texas a registered office, and a re office is identical with such registered office, as required by the Texas 1~ Act. The registered office may be, but need not be, identical with the pi Page 1 ['ION ..s set forth in Article the City of Coppell, accordance with the nded, TEXAs LocAL Eorporation shall be and the Article IV, ~'ct to the limitations te the feminine also, fthe language. in the State of Texas anty, Texas. ~tion shall have and istered agent whose mprofit Corporation incipal office of the 42200 Corporation in the State of Texas, and the address of the registered ~ffice n time to time by the Board. ARTICLE HI The Corporation shall have no members or stockholders. ARTICLE IV BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. (a) The ~roper~ Corporation shall be managed and controlled by a Board of Director (the" to the restriction imposed by law, by the Articles of Incorporation and b Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each df who~ by the City Council (the "Council") of the City. All members of' the B~ accordance with Section 379A. 021 of The TEXAS LOCAL GOVERNMEN' Council shall consider an individual's experience, accomplishments and edt in appointing members to the Board to ensure that the interests and eoncen the City are considered. (c) The directors constituting the initial Board shall be those di Article of Incorporation. In order to establish staggered terms, the initial lot appointed at large shall serve one (1) year terms, the three (3) members serve two (2) year terms. Thereafter, each successor member of the Boa and shall serve for two (2) years or until his or her successor is appointed as (d) Any director may be removed at will by the Council. Page 2 ay be changed~om :y and affairs of the Board") and, subject y these Bylaws, the n shall be appointed ~ard must qualify in CODE. The City :ational background ts of all segments of :ectors named in the r (4) board members ball be appointed to d shall be appointed hereinai~er provided. 42200 Section 2. Meeting of Directors. The directors may hold thefr meet places in the City as the Board may from time to time determine;l provi¢ absence of any such determination by the Board, the meetings shall b~ held of the Corporation as specified in Article II of these Bylaws. Section 3. Open Meeting Act. All meeting and deliberations called, convened, held, and conducted, and notice shall be given to thi publi~ the Texas Open Meeting Act, Section 551.01 et seq., TEX~S LOC~L GO, amended. Section 4. Notice of Meetings. To the extent that the Open Meeti~ the provisions of this section, the Open Meeting Act shall govern. · I (a) Regular meetings of the Board shall be held withoCt the notice to the Directors at such times and places as shall be designated fror~ Board. Special Meetings of the Board shall be held whenever called by 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 en person or by mail, telephone or telecopier, at least two (2) hours before otherwise indicated in the notice thereof, any and all matters pertaining t~ Corporation may be considered and acted upon at a Special Meeting. At a every director shall be present, even though without any notice, any mat purpose of the Corporation may be considered and acted upon consistent wit (c) Whenever any notice is required to be given to the Boar{[ deemed to be sufficient if given by depositing the same in a post office bo: wrapper addressed to the person entitled thereto at his or her post office adc Page 3 ings at such place or [ed, however, in the .t the principal office the Board shall be , in accordance with ~ERNMENT CODE, aS tg Act conflicts with necessity of written time to time by the he president, by the ~ergency meeting in he meeting. Unless the purposes of the ny meeting at which ter pertaining to the h applicable law. said notice shall be in a sealed postpaid lress as it appears on 42200 the books of the Corporation, and such notice shall be deemed to ha~e been such mailing. Attendance of the director at a meeting shall constitute a wai meeting, except where a director attends a meeting for the express purpos, transaction of any business on the grounds that the meeting is not lawfully Neither the business to be transacted nor the purpose of any Regular or SI: Board need be specified in the notice or waiver of notice of such me~ting, u Board. A waiver of notice in writing, signed by the person or person en whether before or al~er the time stated therein, shall be deemed equivalent notice. Section 5. Quorum. A majority of the directors shall constitu[e a qu of the official business of the Corporation. The act of a majority ofithe bo~ meeting at which a quorum is in attendance shall constitute the aCt of ti Corporation unless the act of a greater number is required by law. Section 6. Conduct of Board. (a) At the meetings of the Board, mat business of the Corporation shall be considered in accordance with :rules time to time prescribed by the Board or the law. (b) At all meetings of the Board, the president shall preside, and president, the vice president shall exercise the powers of the president. (c) The secretary of the Corporation shall act as secretary of Board, but in the absence of the secretary, the presiding officer may appoint secretary of the meeting. (d) A director may not vote or participate in a meeting by proxy. Page 4 given on the day of ~er of notice of such of objection to the :alled or convened. :cial Meeting of the less required by the titled to said notice, :o the giving of such ,rum for the conduct rd (4 members) at a te Board and of the ters pertaining to the ,f procedure as from in the absence of the all meetings of the any person to act as 422O0 Section 7. Compensation of Directors. Directors shall not receive compensation for their service as directors. However, directors mhy be actual expenses incurred in the performance of their duties subject to apprm Section 8. Powers. A. The Corporation shall have only those po, ballot giving rise to the Corporation and stated in the Articles oflncorporatic which are the following general powers: To provide grants of sales tax proceeds to publicly fu~d edu¢ programs for the promotion of a skilled workforce: (a) literacy; (b) computer and video technology; and, (c) foreign languages. B. All grants made by the board of Directors shall be mat institutions in proportion to the number of students of each publicly fun& within the corporate limits in accordance with total enrollment figures as o calendar year. ARTICLE V Section 1. OFFICERS Titles and Term of Office. (a) The officers of the Ce president, a vice president, a secretary and a treasurer, and such other office from time to time elect or appoint. One person may hold more than one o president shall not hold the office of secretary. Terms of office shall be right of an officer to be reelected. Page 5 salary or any other ;imbursed for their ti of City Council. vers set forth in the n of the Corporation ation institutions for le to publicly fund d institution located January 15 of each rporation shall be a ,'rs as the Board may · ce, except that the ,ne (1) year with the 422OO (b) All officers shall be subject to removal from office ht any majority of the entire Board. (c) A vacancy in the office of any officer shall be filled bY a vot~ directors. Section 2. President. The President shall be the presiding officer following authority: (a) Shall preside over all meetings of the Board. (b) Shall have the right to vote on all matters coming before the (c) Shall have the authority, upon notice to the members of special meeting of the Board. (d) Shall have the authority to appoint standing committees in its business undertakings or other matters incidental to the operm Board the Board. (e) Shall have the authority to appoint ad hoc committees whici of a temporary nature of concern or which have a temporary affect on the bu In addition to the above mentioned duties, the President shall sign the Board, contracts, or other instruments which the Board has appr, execution of said document has been expressly delegated to some other ot Corporation by appropriate Board resolution, by a specific provisiOn of statute. In general, the President shall perform all duties incident tO the c duties as shall be prescribed from time to time by the Board. Section 3. Vice President. The vice president shall have such pow~ be prescribed by the Board and shall exercise the powers of the president Page 6 time by a vote of a of a majority of the o ."the Board with the ~oard. :he Board, to call a aid and assist the on and functions of may address issues ;iness of the Board. vith the Secretary of ved and unless the iicer or agent of the :hese Bylaws, or by [tice, and such other .,rs and duties as may during that officer's 422OO absence or inability to act. Any action taken by the vice presiden~ in the duties of the president shall be conclusive evidence of the president'g abse~ at the time such action was taken, i Section 4. Secretary. The secretary shall keep the minutes Qf all m in books provided for that purpose, shall give and serve all notices, may si1 in the name of the Corporation, and/or attest the signature thereto, i all co~ and other instruments of the Corporation, shall have charge of franchises, records, documents and instruments, except the papers as the Board may dir~ at all reasonable times be open to public inspection upon application Corporation during business hours, and shall in general perform all duties of secretary subject to the control of the Board. Section 5. Chief Financial Director. There shall be a Chief Fina Board, which is an ex-officio member of the Board, and shall be the Fina City of Coppell as appointed by the City Manager. The Chief Financial Di responsibility to oversee the handling, custody, and security of all funds Corporation in accordance with these Bylaws; and, shall see to the entry Corporation full and accurate accounts of all monies received and ipaid o Corporation. The Chief Financial Director shall, at the expense of~ the Cz bond for the faithful discharge of the duties in such form and amount as the may require. Section 6. The president, each vice president, and the secretary among the members of the Board. Page 7 performance of the ce or inability to act eetings of the Board n with the president tracts, conveyances, the corporate books, :ct, all of which shall ~t the office of the ncident to the office ~cial Director of the acial Director of the rector shall have the nd securities of the in the books of the ~t on account of the ,rporation, give such Board or the Council ;hall be named from 42200 Section 7. Compensation. Officers who are members of the Board salary or compensation for their services, except that they may be reimbu necessary expenses incurred in the performance of their duties hereunder, su of the City Council. Section 8. Contracts for Service. The Corporation may contract wi appropriate person, associated, corporation or political subdivision' muni, other governmental body to perform and discharge designated tasks Which Board in the performance of its duties. However, no such contract[ shall entered into which seeks or attempts to divest the Board of its diScretio~ functions in discharging the duties herein above set forth in this sectiOn. ARTICLE VI FUNCTIONAL CORPORATE DUTIES AND REQIHREI~ Section 1. General Development Plan. The Board shall research, d approve, an education development plan for the Corporation, wh!ch sha methods and the expected costs of implementation. The plan shall include long-term goals for the education development to promote and ensurea skilh Section 2. Annual Corporate Budget. (a) On or before November 1 of each year, the Board Shall p preparation of: (i) (ii) (iii) an annual performance review and evaluation; a projection of goals and programs for the coming ye~ an annual budget of expected revenues and proposed Page 8 .hall not receive any ~d for their actual Dject to the approval th any qualified and :ipal corporation or adll aid or assist the ,wet be approved or and policy-making ~ENTS -.velop, prepare, and 11 include proposed both short-term and :d workforce. repare or direct the and, )enses. 42200 The report shall be submitted to the City Council and the City of Coppell at either a regular or special meeting Of the than December 15. (b) In addition to the annual evaluation and budget, the Cor either written or verbal reports of activities and financial matters tc~ the Ci Manager of the City of Coppell quarterly and in no event less than regluired of TEXAS I_X2CAL GOVERNMENI CODE. : Section 3. Books, Records, Audits. (a) The Corporation shall maintain, in accordance with generally accepted accounting principles, corn accounts, and financial statements pertaining to its corporate funds, aCtiviti Corporation may enter into one or more agreements with the City of Coppe management and accounting services upon terms, conditions and compe agreeable. (b) The Corporation shall cause its books, records, accounts, and to be audited at least once each fiscal year by an outside, independent aud firm approved by the City. Such audit shall be at the expense of the Corpora (c) All other monies of the Corporation shall be deposited, secure the manner provided for the deposit, security, and/or investment of the publ The Board shall delegate the responsibility of investing funds of the Corpor~ accounts of the Corporation to the Finance Department of the City of Coppel Section 5. Expenditures of Corporate Money. (a) The monies including sales and use taxes collected pursuant to the Act, monies derived of loans, the proceeds from the investments of funds of the Corporation, Page 9 2ity Manager of the 'Aty Council no later ~ration shall submit ty Council and City in Section 379A.025 keep and properly )lete books, records, ;s, and affairs. The !1 to obtain financial nsation as mutually financial statements ting and accounting JOri. d, and/or invested in ic funds of the City. ion and reconciling ~f the Corporation, from the repayment md/or gii~s may be 42200 expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: (i) Expenditures for the proceeds of Obligatio~Is shal be identified and described in the orders, resolutions, indentures or other agreemen submitted to and approved by the Board. (ii) All other proposed expenditures shall be made in .ccordance with and shall be set forth in the annual budget required by these BylaWs. Section 6. Conflicts of Interest. A Board member, officer ofihe Cc ~oration, or member of the City Council may not lend money to and otherwise transact business dth the Corporation except as provided in the Bylaws, Articles of Incorporation, and: all a flicable laws. The Corporation shall not borrow money from or otherwise transact business w! th 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 th e best interest of the Corporation. The Corporation shall not borrow money from or otherwise t~ ansact 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 >f any person having a personal interest in the transaction in accordance with the conflict of ir :erest 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 ot'the Corporation and be distributed or utilized in compliance with Section 379A of the TEXAS I X:)CAL GOVERNMENT CODE, Referendum approving the sales and tax use, the Articles of Inc~,rporation and these Bylaws. Page 10 42200 Section 1. December 31't. Section 2. ARTICLE VII MISCELLANEOUS PROVISIONS Fiscal Year. The fiscal year of the Corporat!on sh~ Seal. The Board may provide for a seal. Section 3. Resignation. Any director or officer may resign at any til shall be made in writing and shall take effect at the time specified ther~ specified, at the time of its receipt by the president or secretary. The accepl shall not be necessary to make it effective, unless expressly so provided in ti Section 4. Approval or Advice and Consent by the Council. To Bylaws refer to any approvaI by the Coppell City Council or refer tO advic Coppell City Council, such approval, or advice and consent shall be evi~ copy of a resolution, order, or motion duly adopted by the Coppell City Cou Section 5. Services of City Staff and Officers. Subject to approval Manager, the Corporation shall have the right to utilize the services o provided (i) that the Corporation shall pay reasonable compensation to th{ such services, and (ii) the performance of such services does not material other duties of such personnel of the City of Coppell. Section 6. Indemnification of Directors, Officers and Employees. Act, the Corporation is, for the purposes of the Texas Tort Claims Act 101, Texas Civil Practices and Remedies Code, as amended), a government are governmental functions. Page 11 11 be January 1't to ne. Such resignation ,in, or, if no time is ance of a resignation te resignation. the extent that these e and consent by the enced by a certified ~cil. tom the Coppell City the City personnel, City of Coppell for [y interfere with the .) As provided in the tbchapter A, Chapter d unit and its actions 4220O (b) The Corporation shall indemnify a person who was, ls or ha be made a named defendant or respondent in a proceeding because tile pers, member, officer, or agent, but only if the determination to indemnify is mad the provision of Texas Tort Claims Act. : (c) The Corporation may purchase and maintain insurance on member, officer, employee, or agent of the Corporation, or on behalf 0f any request of the corporation as a Board member, officer, emploYee, o corporation, partnership, joint venture, trust, or other enterprise, against against that person and incurred by that person in any such capacity or ar status with regard to the Corporation, whether or not the Corporation ihas the that person against liability for any of those acts. ARTICLE VIH EFFECTIVE DATE, AMENDMENTS, AND ARTICLES AND Section 1. Effective Date. These Bylaws shall become effective up. 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. T amended or repealed and new bylaws may be adopted by a majority of present at any regular meeting or at any special meeting, if at least five ($) given of any intention to amend or repeal these bylaws or to adopt new by] Any amendment of these bylaws will be effective upon approval by the Copl Page 12 s been threatened to >n is or was a Board in accordance with ehalf of any Board )erson serving at the agent of another ly liability asserted ~ing out of any such power to indemnify BYLAWS ~n the occurrence of ~ese Bylaws may be the Board members lays written notice is Lws at such meeting. ~ell City Council. 422OO Adopted this the day of ATTEST: By: Corporate Secretary By: Page 13 ,200~1. President of the Board o fDirectors 4220O CITY COUNCIL MEETING: September 25, 2001 ITEM CAPTION: Comments on Finance Report Award. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ +k-BlT DIR. INITIALS: FIN. REVIEW: Agenda Request Form- Revised ~/00 CITY MANAGER Document Name: !awar( ITEM ~-~:~z~I~ AGENDA REQUEST FORNi ITEM CITY COUNCIL MEETING: September 25, 2001 B. C. D. E. MAYOR AND COUNCIL REPOTS Report by Mayor Sheehan regarding Dallas/Fort Worth I~ternational Planning and Implementation Study Partnering Meeting. Report by Councilmember Peters regarding North Texas Corr mission. Report by Councilmember Peters regarding Economic D,-~velopment Update. Report by Councilmember Peters regarding Coppell September 29, 2001. Report by Councilmember Peters regarding Keep Coppell BE Saturday, October 13, 2001. CITY MANAGER'S REVIEW: Airport Rail Partnership -'amily Fish, Saturday, autiful Wildflower Event,