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NL Cypress-CN120824 T H E C I� T Y . iii P A s 1 CERTIFICATE OF CITY SECRETARY STATE OF TEXAS § COUNTY OF DALLAS § CITY OF COPPELL § I, Christel Pettinos, the undersigned, City Secretary of Coppell, Texas, a municipal t corporation, in the performance of the functions of my office, hereebyC certify th I the attached document is a true it n Council correct of the Cityeof Coppell, Texas on Minutes, duly passed by the y May 22, 2012; and that I am the lawful possessor and have legal custody of the City records. Witness my hand and seal of office at my office in Coppell, Texas, this the 27th day of July, 2012. AdAe■ /WC f hristel Pettinos City Secretary 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 255 Parkway Boulevard COPPELL Coppell,Texas 75019-9478 + :� City of Coppell, Texas Minutes City Council Tuesday, May 22, 2012 5:30 PM Council Chambers DOUG STOVER MARSHA TUNNELL Mayor Pro Tern Mayor TIM BRANCHEAU BILLY FAUGHT 5 Place 1 BOB MAHALIK MARVIN FRANKLIN Place 2 lace 6 BRIANNA HINOJOSA-FLORES KAREN HUNT Place 3 lace 7 CLAY PHILLIPS City Manager Mayor Pro Tern Tunnel) was absent from the meeting. Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 22, 2012, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. 1. Call to Order Mayor Stover called the meeting to order, determined that a quorum was present and convened into Work Session. Mayor Stoves recessed the Work Session at 6:12 p.m.to attend the Reception in the Atrium. Present 7 - Douglas N. Stover; Tim Brancheau; Bob Mahalik; Brianna Hinojosa-Flores; Billy Faught; Marvin Franklin; Karen Hunt Absent 1 - Marsha Tunnel) 2. Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. City of Coppell, Texas A. Consultation with the City Attorney leve regards to Cause a on Number of Coppell, 05-10-00283-CV, styled Mira Mar Development Corporation Texas. Discussed under Executive Session Section 551.072, Texas Government Code - Deliberation regarding Real Property. B. Discussion regarding property acquisition ion concerning Road.property located at east of Denton Tap Road and north Y Lake Discussed under Executive Session C. Discussion regarding Economic Development prospects north of Bethel Road and east of South Coppell Road. Discussed under Executive Session 3. Work Session (Open to the Public) 1st Floor Conference Room A. Discussion regarding appointment of Mayor Pro Tern as required by Section 3.05 of the Home Rule Charter. B. Discussion regarding board vacancies due to recent elections. C. Presentation on the reconsideration of Terry Holmes' monument sign. D. Discussion regarding appointment to the Regional Transportation Council for a two-year term. E. Discussion regarding the City Council Retreat. F. Discussion of Agenda Items. Presented in Work Session RECEPTION IN ATRIUM FROM 6:30 P.M. TO 7:30 P.M. Regular Session (Open to the Public! 4. Invocation 7:30 p.m. Steve Calvert, Coppell Fire Department Chaplain, led those present in the Invocation. 5. Pledge of Allegiance Coppell Fire Department Honor Guard posted the colors and led those present in the Pledge of Allegiance. 6. Consider approval of accepting the resignation of Gary Roden from the Economic City of Coppell, Texas Development Committee. A motion was made by Councilmember Billy Faught, seconded by Councilmember Tim Brancheau,that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 6 - Councilmember Tim Brancheau; Councilmember Bob Mahalik; Councilmember Brianna Hinojosa-Flores; Councilmember Billy Faught; Councilmember Marvin Franklin and Councilmember Karen Hunt 7. Consider approval of accepting the resignation of Aaron Duncan from the Planning and Zoning Commission. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 6 - Councilmember Tim Brancheau; Councilmember Bob Mahalik; Councilmember Brianna Hinojosa-Flores; Councilmember Billy Faught; Councilmember Marvin Franklin and Councilmember Karen Hunt 8. Canvass returns of the May 12, 2012 General and Special Municipal Elections, approval of an order declaring the results of said election; and authorizing the Mayor to sign. City Attorney Robert Hager read the Canvass of Returns of the May 12, 2012 General and Special Elections into the record. Mayor Total Karen Hunt 1,587 Marsha Tunnel) 1,310 • Place 2 Total Bob Mahalik 2,138 Place 4 Total Davin Bernstein 865 Gary Roden 1,763 Place 6 Total Marvin Franklin 2,109 Special Place 3 Total Greg Garcia 975 Wes Mays 1,062 Margaret Lucyk 174 Mahesh Guduru 416 Special Place 7 Total Aaron Duncan 2,126 A motion was made by Councilmember Karen Hunt, seconded by Councilmember Bob Mahalik,that this Agenda Item be approved.The motion passed by an unanimous vote. Aye: 6 - Councilmember Tim Brancheau; Councilmember Bob Mahalik; Councilmember Brianna Hinojosa-Flores; Councilmember Billy Faught; Councilmember Marvin Franklin and Councilmember Karen Hunt City of Coppell, Texas Enactment No: 2012-0522.1 9. Swearing in of Councilmembers Place 2, 4, 6, 7 & Mayor. Judge Marian Moseley swore in Karen Hunt as Mayor, Bob Mahalik as Councilmember Place 2, Gary Roden as Councilmember Place 4, Marvin Franklin as Councilmember Place 6 and Aaron Duncan as Councilmember Place 7. At this time, the makeup of Council is as follows: Karen Hunt, Mayor Tim Brancheau, Place 1 Bob Mahalik, Place 2 Brianna Hinojosa-Flores, Place 3 Gary Roden, Place 4 Billy Faught, Place 5 Marvin Franklin, Place 6 Aaron Duncan, Place 7 11. Consider approval of a proclamation honoring Cindy Warner for her years of service on the Coppell Independent School District Board of Trustees, and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Brianna Hinojosa-Flores,that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau; Councilmember Bob Mahalik; Councilmember Brianna Hinojosa-Flores; Councilmember Gary Roden; Councilmember Billy Faught; Councilmember Marvin Franklin; and Councilmember Aaron Duncan 12. Consider approval of a proclamation honoring Bennett Ratliff for his years of service on the Coppell Independent School District Board of Trustees, and authorizing the Mayor to sign. A motion was made by Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau; Councilmember Bob Mahalik; Councilmember Brianna Hinojosa-Flores; Councilmember Gary Roden; Councilmember Billy Faught; Councilmember Marvin Franklin; and Councilmember Aaron Duncan 13. Report by Park and Recreation Board. Greg Garcia, Chair,gave the board's semi-annual report. 14. Citizens' Appearance Mayor Hunt asked for the following to speak: 1)Thomas Burrows, 138 Wynnpage Dr., spoke on the city's election. 2) Thomas Burrows, 138 Wynnpage Dr., spoke in regards to volunteer opportunities. 3) Tracy Allard, 1421 Pebble Creek Dr., spoke in regards to a dog park. City of Coppell, Texas 4)Wayne Balla, 1421 Pebble Creek Dr., spoke in regards to sidewalk concerns. 15. Consent Agenda A. Consider approval of a Resolution denying the request by Atmos Energy Corp., Mid-Tex Division to increase gas utility rates within the City of Coppell, providing for notice hereof to said company and authorizing the Mayor to sign. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Marvin Franklin,that Agenda Items A and B be approved on the Consent Agenda. The motion passed by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau; Councilmember Bob Mahalik: Councilmember Brianna Hinojosa-Flores:. Councilmember Gary Roden; Councilmember Billy Faught: Councilmember Marvin Franklin; and Councilmember Aaron Duncan Enactment No: 2012-0522.2 B. Consider approval of minutes: May 8, 2012. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Marvin Franklin, that Agenda Items A and B be approved on the Consent Agenda. The motion passed by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau; Councilmember Bob Mahalik; Councilmember Brianna Hinojosa-Flores: Councilmember Gary Roden; Councilmember Billy Faught; Councilmember Marvin Franklin:and Councilmember Aaron Duncan End of Consent Agenda 16. Consider approval of Change rST10 02)5 ld p 1 Road Infrastructure Impro project amount $252 42109 with JRJ Paving, LP; as provided for in CIP funds; and authorizing the City Manager to sign and execute all necessary documents. Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Brianna Hinojosa-Flores, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau; Councilmember Bob Mahalik:. Councilmember Brianna Hinojosa-Flores; Councilmember Gary Roden; Councilmember Billy Faught; Councilmember Marvin Franklin; and Councilmember Aaron Duncan 17. Consider approval of Supplemental Agreement No. 3 to the Treated Water Contract between City of Coppell and the City of Dallas; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. City of Coppell, Texas Aye: 7 - Councilmember Tim Brancheau'. Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores: Councilmember r GaAaron Roden; Councilmember Billy Faught; Councilmember Marvin Franklin:and 18. Consider approval of an agreement with the Copp ell Kid Country Playground round, and authorizing the Association, for the improvements of Kid Country Playg Mayor to sign. Brad Reid, Director of Parks and Recreation, made a presentation to Council. Jack Clark and Ed Guignon, Kid Country Co-Chairs, addressed questions of Council. A C motion was made by Mahalik,that his Agenda Item be approved.The motion ypassed by Councilmember Bob Mahal , an unanimous vote. Aye: 7 - Councilmember Tim Brancheau; Councilmember Bob Mahalk Councilmember Billy Councilmember Brianna Hinojosa-Flores; Councilmember Gary Faught;Councilmember Marvin Franklin; and Councilmember Aaron Duncan 19 Consider approval of a Resolution calling for a run-off 12 the Special izing u City Manager for Councilmember Place 3 for Saturday, June 23, 2012; au to enter into and sign a Joint Election Agreement and el�uronip Service oontrrncdt with d Dallas County Elections Department for conducting h authorizing the Mayor to sign. A considerarse Ia aprobacion de una resolucion para co ne car n a a Elecc esci no 3uniicipal Especial en su segunda vuelta para elegir at Conceal que p celebrarse el sabado 23 de junio de 2012; autorizar al R ge e de Ia ciuds Electorates it y firmar un Convenio de Elecciones Conjuntas, y un C o con el Departamento Electoral del Condado de Dallas para fi je cerse Ia Eleccion Municipal, asi como autorizar a que el Alcalde inscriba a. A motion was made by Councilmember lThe motion passed by an unan evor Roden, that this Agenda Item be Aye: 7 - Councilmember Tim Brancheau; Councilmember Bob Mah ik tuber Billy Councilmember Brianna Hinojosa-Flores: Councilmember Gary Faught; Councilmember Marvin Franklin;and Councilmember Aaron Duncan Enactment No: 2012-0522.3 20. City Manager Reports Project Updates and Future Agendas City Manager Clay Phillips reminded Council that a Budget Workshop will be held on May 29th and that there will only be one Council Meeting in June. 21. Mayor and Council Reports Report by Mayor Hunt regarding the Coppell Aquatic and Recreation Center Grand Re-Opening Event on May 26th. City of Coppell, Texas Mayor Hunt reported that the Coppell Aquatic and Recreation Center Grand Re-Opening Event will be on May 26th from 10am - 1pm. Activities include: a Ribbon Cutting Ceremony at 10am, a live DJ,food and refreshments provided by the olice the plorers, face painting and balloon artists,facility information booths, giveaways, pools open for the Summer Season. 22. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitte d Nothing to report. At this time, Mayor Hunt recessed the Regular Session and convened into Work Session for Items A & E at 9:39 p.m. Mayor Hunt adjourned the Work Session at 9:45 p.m. and convened into Executive Session at 9:50 p.m. Mayor Hunt convened the Executive Session at 10:17 p.m. and reopened the Regular Session. 10. Consider appointment of Mayor Pro Tern as required by Section 3.05 of the Home Rule Charter. A motion was made by Councilmember Billy Faught, seconded by Councilmember Marvin Franklin, to appoint Councilmember Brancheau as Mayor Pro Tern.The motion passed by an unanimous vote. Aye: 7 - Councilmember Tim Brancheau; Councilmember Bob Mahalik; r Billy Councilmember Brianna Hinojosa-Flores; Councilmember Gary Faught; Councilmember Marvin Franklin;and Councilmember Aaron Duncan 23. Necessary Action from Executive Session Nothing to report. Adjournment There being no further business to come before the City Council, the meeting was adjourned. Karen Selbo Hunt, Mayor ATTEST: Christel Pettinos, City Secretary City of Coppell, Texas dallas cat]of c�ailas August 24, 2012 Mr. Clay Phillips, City Manager City of Coppell P. 0. Box 478 Coppell, TX 75019 Subject: Supplemental Agreement Number 3 to Wholesale Treated Water Contract Dear Mr. Phillips: Enclosed for the City of Coppell's official records is an original copy of the fully-executed Supplemental Agreement Number 3 to the City of Dallas and the City of Coppell Wholesale Treated Water Contract. Dallas certainly appreciates Coppell's assistance in this matter and we look forward to continued collaborative success in the future. Please do not hesitate to contact me at 214-670-5243 should you have any questions. Sincerely, , , al;;;;L-- Jacqueline Culton, P.E., Program Manager Wholesale Services Division City of Dallas Water Department Enclosure c: Mr. Ken Griffin, Director of Engineering, City of Coppell Our Vision:To be an efficient provider of superior water and wastewater service and a leader in the water industry. Wholesale Services • 1500 MariIla, Room 4AS, Dallas,Texas 75201 Telephone: (214)670-5888 • Fax:(214)670-3154 STATE OF TEXAS § § SUPPLEMENTAL AGREEMENT NO. 3 § TO TREATED WATER CONTRACT COUNTY OF DALLAS § THIS SUPPLEMENTAL AGREEMENT NO. 3 to that certain Wholesale Treated Water Contract dated November 18, 1987 ("the Contract"), as amended by Supplemental Agreement Nos. 1 and 2, dated June 12, 1992, and November 9, 1994, respectively, by and between the CITY OF DALLAS, TEXAS, a Texas municipal corporation, hereinafter called "DALLAS", and CITY OF COPPELL, TEXAS, a Texas municipal corporation, hereinafter called "COPPELL", evidences the following: 1. The Contract is amended as follows: (a) The contract is amended to include Exhibit E governing the provision of interim construction water service and interim wastewater service concerning the project referred to as "CYPRESS WATERS" located within the boundaries of DALLAS and Exhibit E-1 which provides a depiction of the initial development of "CYPRESS WATERS" (the"First Phase"). (b) Section 13 of the contract is amended to read as follows: • "13.0 SPECIAL PROVISIONS: Special provisions applicable to this Contract are attached hereto and styled Exhibits B, C, D, E and E-1. These exhibits are incorporated herein, as if copied word for word. Exhibit B delineates the delivery facilities. Exhibit C contains provisions peculiarly applicable to the contract with Customer and supplements provisions of this standard Contract. Exhibit D contains provisions of the Reciprocal Water and/or Wastewater Service Agreement. Exhibit E contains provisions of interim construction water service and interim wastewater service for the project referred to as "CYPRESS WATERS" located within the boundaries of DALLAS. Exhibit E-1 provides a depiction of the First Phase of "CYPRESS WATERS". Page 1 2. All other terms, provisions, conditions, and obligations of the Contract between DALLAS and COPPELL shall remain in full force and effect, and said Contract, as same may have previously been amended, and this Supplemental Agreement No. 3 shall be construed together as a single contractual agreement. Executed this /541-1 day of A14,5 u S-/' , 2012, by DALLAS, acting through its City Manager, duly authorized to execute this agreement by Council Resolution No. 12-0952, approved on March 28„ 2012, and by COPPELL, acting through its duly authorized officials. APPROVED AS TO FORM: CITY OF DALLAS THOMAS P. PERKINS, MARY K. SUHM, City Attorney City Manager 1 � BY , / _ fl %_. _ ,_ BY 2 Assistant City Attorney Assistant City Manager 4If APPROVED A 0 FORM CITY OF COPPELL 0 i ' BY: 7le-- BY: /�/%'�/ / City-Attorney / Cit anager Page 2 EXHIBIT E INTERIM WATER SERVICES COPPELL currently has an existing 12" water line located in Belt Line Road between IH-635 (LBJ Freeway) and Wrangler Drive, which is generally along the western boundary of the Cypress Waters proposed development. This line connects to a COPPELL 16" water line located in Dividend Drive at Belt Line Road. An analysis of that water network, prepared for COPPELL by Freese and Nichols, Inc, and documented in a report dated December 31, 2008, with addendum dated February 13, 2009 and April 5, 2011, states that COPPELL currently has the ability to provide at least 0.75 MGD peak hour flow to Cypress Waters for elevations of up to 550 feet while maintaining pressures of 40 psi and fire flows up to 1,560 gpm. Therefore, it is agreed that: DALLAS may make a connection to the existing 12" or 16" water line (the "Line") as a source for interim construction water and fire protection during the First Phase construction on the Cypress Waters property, more particularly described on Exhibit E-1 attached hereto, subject to the following conditions: 1) Detailed construction plans for any connections to the COPPELL water network shall be provided and approved by COPPELL. 2) All work within COPPELL shall comply with COPPELL construction standards. 3) All permitting and fee requirements of COPPELL shall be followed by DALLAS. 4) Appropriate metering facilities for the connection of the interim service shall be provided. The metering facilities shall be conveyed to COPPELL. 5) The water provided under this Supplemental Agreement shall be considered DALLAS water and the volumes measured through the meter will be Page 3 deducted from the amounts of DALLAS water sold to COPPELL. The billings to COPPELL for treated water will be commensurately reduced. To compensate COPPELL for the use of their mains and for pumpage to convey the water to this area of DALLAS, DALLAS agrees to pay COPPELL a wheeling charge. The current wheeling charge i s $0.152 per one thousand gallons. Such charge shall be subject to review every 5 years and adjusted per the consumer price index ("CPI"). The term "CPI" as referenced herein shall mean the annual average Consumer Price Index issued by the Bureau of Labor Statistics covering all Urban Consumers for the Dallas, Fort Worth, Texas region, or if this index ceases to be published, then a comparable index. 6) The construction water service provided in this Agreement is initially to be provided during the construction of the First Phase only. Prior to a Certificate of Occupancy (CO) being issued by DALLAS for any dwelling unit within the Cypress Waters Development, an on-site DALLAS water supply, separate from COPPELL, must be provided by DALLAS. The addition of an operational on-site DALLAS water supply relieves COPPELL of the responsibility to continue to provide water service during construction of the First Phase. Except as provided in Paragraph (7) below, Coppell will not be obligated to supply water to any occupied structure or to any uncompleted portions of the First Phase after issuance of the first CO for any dwelling unit in the First Phase. It is the express intent of the Parties that the issuance of a CO for a construction trailer or pump station shall not release COPPELL of the responsibility to continue to provide interim construction water service until such time as a CO is issued for the first dwelling unit in the First Phase. 7) Upon issuance of a CO for a dwelling unit in the First Phase or completion of construction of the First Phase, whichever occurs first, the water main connection from the Cypress Waters project to the Line shall remain as an inter-local connection between COPPELL and DALLAS for emergency use. For purposes of this Supplemental Agreement, emergency use means a catastrophic failure of the DALLAS or COPPELL water systems where the Page 4 impact could be minimized by "opening the valve" to allow water to flow between the two cities. At all other times, the valve will be closed such that no water can flow between the two cities. Catastrophic failure does not mean the required water line to be provided by DALLAS to serve the property is incomplete at the time the first CO for a dwelling unit is issued for any completed portion of the First Phase. In the event that prior to issuance of a CO by DALLAS for a dwelling unit within the First Phase COPPELL reasonably determines that the available capacity in the Line is quired for one or more new major commercial developments within COPPELL, then COPPELL shall have the right, upon not less than six months prior written notice to DALLAS, to require DALLAS to cease using the Line for interim construction water and to obtain such construction water from other sources. 8) Notwithstanding the foregoing, COPPELL agrees to keep DALLAS reasonably apprised of any such potential new major commercial developments which may require such capacity and to provide DALLAS with as much advance notice thereof as is reasonably possible (but in no event less than six (6) months prior written notice as aforesaid). COPPELL will cooperate reasonably with DALLAS regarding any future interlocal emergency connections that may be needed north of the lake following completion of additional project infrastructure design. Page 5 INTERIM WASTEWATER SERVICES As documented by Freese and Nichols, Inc. in the above referenced report and addendums, COPPELL currently has a 15" wastewater line in Belt Line Road at Lakeshore Drive, which flows north to connect to a 30" wastewater line in Denton Tap Road north of the Cotton Belt Railroad. That 30" wastewater line flows east to a connection to the Trinity River Authority (TRA) system along Belt Line Road east of MacArthur Drive. The 15" wastewater line in Belt Line Road at Lakeshore Drive currently has an available peak wet weather capacity of 1.8 MGD, and the 30" wastewater line has an available peak wet weather capacity of 2.5 MGD. The priority use for both of these lines is to accommodate growth and development in COPPELL, however, the current available capacity may be used by DALLAS, on an interim basis, to accommodate wastewater flows from initial phases of Cypress Waters development, subject to the following conditions: 1) Detailed construction plans for any connections to the COPPELL wastewater system must be provided to and approved by COPPELL. 2) All work within COPPELL shall comply with COPPELL construction standards. 3) All permitting and fee requirements of COPPELL shall be followed by DALLAS. 4) Appropriate metering facilities shall be provided by DALLAS. The metering facilities shall remain the property of DALLAS. 5) COPPELL shall charge DALLAS the same wastewater rate and associated charges as charged customers whose property lies within its own areas and boundaries and who are in the same category of service. 6) When the peak wet weather wastewater flow into the COPPELL wastewater system from Cypress Waters equals or exceeds 1.35 MGD, or when notified by COPPELL, DALLAS will begin planning and design for a permanent DALLAS wastewater system which will connect on-site lift station(s) and Page 6 force main(s) to the above described 30" COPPELL wastewater line, at a mutually agreed upon location. 7) When the peak wet weather wastewater flow into the COPPELL wastewater system from Cypress Waters equals or exceeds 1.68 MGD, or when notified by COPPELL, DALLAS will begin construction of a permanent DALLAS wastewater system which will connect on-site lift station(s) and force main(s) to the above described 30" COPPELL wastewater line. Once construction of such connection to the above described 30" COPPELL wastewater line is complete, the wastewater connection to the above described 15" COPPELL wastewater line in Belt Line Road shall be removed by DALLAS in accordance with COPPELL Standard Construction Details. 8) When the peak wet weather measured flow in the above described 30" COPPELL wastewater line reaches 80% of its capacity, or when notified by COPPELL, DALLAS will begin planning and design of an extension of the DALLAS wastewater system of force mains and gravity lines, including the potential rehabilitation of an existing 33" line along Belt Line Road, to a point of delivery of DALLAS wastewater flows to a TRA point of delivery near Bush Turnpike and Belt Line Road. Construction of this line and/or improvement will be initiated so as to complete construction prior to the flow in the COPPELL 30" line reaching wet weather peak capacity. 9) Once the wastewater planning, design, and construction measures contemplated by Paragraphs 6 through 8 above have been completed and either (i) when the peak wet weather measured flow in the above described 30" COPPELL wastewater line reaches 100% of its capacity, or (ii) when notified by COPPELL, DALLAS shall: (a) not issue any new building permits for structures which require sanitary wastewater service through the COPPELL wastewater system; and (b) within six (6) months have alternate wastewater service for Cypress Waters and discontinue discharging into the COPPELL wastewater system. 10)One point of entry into the COPPELL wastewater system from DALLAS is authorized by this agreement. Any additional points of entry will require Page 7 approval by COPPELL, acting through its director of public works or other duly authorized representative. Page 8 Exhibit E-1 N o ,QUO- moo i S EXISTING 15' SEWERJ SER'.INE E -NG WATXIS ER I LINE1T_ • PROPOSED 12' WATER LINE / 1,ROros=n 1T !,WATER I,NE _"'..".PRO1OSF^12' WATER LINE PROPOSED 12' WATC1 LINE !ROOSTER PUMP STATION 1(5 MOD) GROI:ND STC RACE TA\K I PROPOSF0 1R 1(200.000 GAL_OVS) WATER INS 1 PRESSURE TANK(31,00 1 !GALLONS) • • 1.1ROPOSED 10' I PROPOSED 2,.• WATER I NF 1 WA1 ER LINE PROPOSED 16' WATER LINE 'ROPOSTD 24' WATER PETER EXISTING 3(Y WATER ONE PFIASf , 1_ > �—n Kmley-Horn A'ATFR AND �,D L f-SS WAX, RS and Associates, Inc. EXICIII3II WASItWAitR I�ALI.AS, ILXAS r'� IPIM Dm*Gnus DOM. WIN IMOD Nn(970?3O-INW Doll.,1oa I'm 15251 No 191O2J0-11120 • • i COUNCIL CHAMBER 12 0952 March 28, 2012 WHEREAS, the City of Coppell currently purchases wholesale treated water from the City of Dallas, and Dallas currently delivers and sells wholesale treated water to Coppell as set forth under the terms, covenants, and conditions stated in a Wholesale Treated Water Contract between the Cities of Dallas and Coppell, dated November 18, 1987; and, WHEREAS, Supplemental Agreement No. 1 was executed on June 12, 1992 by Administrative Action No. 92-2238, to extend the date for the City of Coppell to start taking water under the Wholesale Treated Water Contract between the Cities of Dallas and Coppell to May 31, 1995; and, WHEREAS, on November 9, 1994, the Dallas City Council approved Supplemental Agreement No. 2 by Resolution No. 94-3991, which added a Reciprocal Water and/or Wastewater Service Agreement; and, WHEREAS, the Cypress Waters mixed use development will be built within the city limits of the City of Dallas at the northeast corner of Lyndon Baines Johnson Highway/I-635 and South Beltline Road in and around North Lake; and, WHEREAS, Dallas Water Utilities currently does not have water and wastewater facilities to provide water and wastewater services to the Cypress Waters mixed use development; and, WHEREAS, Dallas and Coppell desire to enter into Supplemental Agreement No. 3 to provide for Coppell to provide water for construction and fire protection purposes and interim wastewater services to accommodate wastewater flows from initial phases of the Cypress Waters development; and, WHEREAS, the City of Dallas agrees to compensate the City of Coppell for providing the water and wastewater services; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1.That the City Manager be and is hereby authorized to enter into Supplemental Agreement No. 3 to the Wholesale Treated Water Contract with the City of Coppell to enable the City of Dallas to purchase treated water and wastewater services from the City of Coppell, after approval of the contract documents by the City Attorney. COUNCIL CHAMBER 120952 March 28, 2012 Section 2. That the City Controller is authorized to disburse funds in accordance with the terms and conditions of the contract from: FUND DEPT UNIT OBJECT AMOUNT 0100 DWU 7314 2171 $1,000 FUND DEPT UNIT OBJECT AMOUNT 0100 DWU 7321 3084 $510,000 Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. APPROVED BY CITY COUNCIL MAR 2 8 2012 • City Secretary