HomeMy WebLinkAbout2020 0218Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: February 18, 2020
Submitted by: Tina Stewart
Submitting Department: Human Resources
Item Type: Announcement
Agenda Section:
Subject:
Announcement acknowledging the City of The Colony Employee of the Year. (Wallican)
Suggested Action:
Attachments:
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: February 18, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation: IHOP’s National Pancake Day and Shriners Hospitals for Children Day. (Council)
Suggested Action:
Attachments:
IHOP Shriners Hospital Letter.pdf
IHOP Shriner Pancake Day Proclamation.doc
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MAYORAL PROCLAMATION
WHEREAS, Shriners Hospitals for Children is a national non-
profit organization committed to giving children the opportunity to live a
more normal life; and
WHEREAS,Shriners Hospitals for Children gives children the
opportunity to receive treatment for orthopedic problems, severe burns
and spinal cord injuries and provides them with a head start in
developing a normal life, regardless of the patients’ ability to pay,that is
essential to becoming successful and contributing adults; and
WHEREAS,On February 25, 2020, Shriners Hospitals for
Children and IHOP will join together to encourage people to donate to
Shriners Hospitals for Children activities in our city:
NOW, THEREFORE, BE IT HEREBY KNOWN TO ALL THAT
I, Joe McCourry, Mayor of the City of The Colony, Texas, in recognition
of this important event, do hereby proclaim February 25, 2020, in the
City of The Colony as “IHOP’s National Pancake Day and Shriners
Hospitals for Children Day.”
Signed and sealed this 18th day of February, 2020.
Joe McCourry, Mayor
ATTEST:
________________________
Tina Stewart, City Secretary
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Agenda Item No:1.8
CITY COUNCIL Agenda Item Report
Meeting Date: February 18, 2020
Submitted by: Lindsey Stansell
Submitting Department: Parks & Recreation
Item Type: Announcement
Agenda Section:
Subject:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 18, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 18, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for February 4, 2020. (Stewart)
Suggested Action:
Attachments:
February 4, 2020 DRAFT Minutes.docx
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
FEBRUARY 4, 2020
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:33 p.m. on the 4
th day of January, 2020, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Joe McCourry, Mayor
Kirk Mikulec, Councilmember
Richard Boyer, Deputy Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Mayor Pro Tem
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Absent (Business)
Present
And with 6 council members present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor McCourry called the meeting to order at 6:33 p.m.
1.2 Invocation
Pastor Bruce White with Journey Baptist Church delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Announcement acknowledging the City of The Colony Employee of the Quarter.
Director of Human Resources, Rodney Wallican, announced Fire Department
Administrative Assistant, Jill Barrett as The Colony's Employee of the Quarter.
1.6 Announcement acknowledging the opening of Firehouse #4
Fire Chief, Scott Thompson, announced the grand opening for Firehouse #4 will
be on Saturday, February 12, 2020, at 4:00 p.m.
1.7 Items of Community Interest
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City Council – Regular Meeting Agenda
February 4, 2020
Page| 2
1.7.1 Receive a presentation from the Library regarding current and upcoming programs,
events, and service improvements.
Assistant Library Director, Kate Margolis, presented the current and upcoming
programs, events and service improvements to Council.
Councilmember Terre recognized the historic groundbreaking of the addition to
the Animal Shelter held on Saturday, February 1, 2020.
Councilmember Marks noted the construction on Paige Road.Assistant City
Manager,Tim Miller provided an update on the wastewater treatment plant forced
main line reconstruction.
2.0 CITIZEN INPUT
Karen McGuffin, 4829 Wagner Drive, spoke concerning Soup-N-Bowl held on Saturday,
February 1, 2020. Ms. McGuffin thanked Council and local sponsors for their
participation and support. She stated the total amount raised from the event was
$23,500.00.
3.0 WORK SESSION
3.1 Receive a presentation from Economic Development regarding aerial marketing videos.
Economic Development Director, Keri Samford, provided presentations that
highlight special districts growing at a fast pace in the City.
3.2 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Terre; second by Boyer, motion carried
with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for January 21,
2020.
4.2 Consider approving a resolution authorizing the City Manager to execute a Pre-
Development Services Agreement with Matthews Southwest Hospitality, LLC,
regarding the development of a mixed-use, convention center hotel project within
the City.
RESOLUNTION NO. 2020-005
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City Council – Regular Meeting Agenda
February 4, 2020
Page| 3
4.3 Consider approving a resolution authorizing the City Manager to accept a request from
Stewart Peninsula Golf Course for a reduction in their 2020 lease fees to allow for
investment of those fees into infrastructure improvements at the golf course.
RESOLUNTION NO. 2020-006
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing and discuss and consider approving an ordinance amending
Ordinance No. 2013-2034 concerning Tax Increment Reinvestment Zone Number
Two, City of The Colony, Texas, by amending and changing the City Tax Increment
from seventy percent (70%) to forty-five percent (45%).
Assistant City Manager of Administration, Tim Miller, presented the
proposed ordinance to Council.Mr. Miller stated the item is in conjunction with a
new hotel for Old American Golf Course in The Tribute.He outlined the amendment
decreases and increases the percentage of the tax increment to be contributed by a
taxing unit.
The public hearing opened and closed at 6:58 p.m.
Motion to approve- Marks; second by Mikulec, motion carried with all ayes
ORDINANCE NO. 2020-2388
5.2 Conduct a public hearing and discuss and consider approving an ordinance amending
the Final Project and Finance Plan for Tax Increment Reinvestment Zone Number
Two, City of The Colony, Texas, by decreasing the City Tax Increment from seventy
percent (70%) to forty-five percent (45%).
Assistant City Manager of Administration, Tim Miller, presented the proposed
ordinance to Council.Mr. Miller stated the item is a continuation of the previous
agenda item. Matthews Southwest, Inc. request to build a $20-million-dollar hotel to
accompany the property beneficial to the Ladies Professional Golf Association.He
outlined the amendment decreases and increases the percentage of the tax increment
to be contributed by a taxing unit.
The public hearing opened and closed at 6:59 p.m.
Motion to approve- Marks; second by Boyer, motion carried with all ayes
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City Council – Regular Meeting Agenda
February 4, 2020
Page| 4
ORDINANCE NO. 2020-2389
5.3 Discuss and consider approving a resolution approving a First Amendment to
Reimbursement Agreement for Tax Increment Reinvestment Zone Number Two, City
of The Colony, Texas, with TP TIF, LLC, by changing the City Tax Increment from
seventy percent (70%) to forty-five percent (45%).
Assistant City Manager of Administration, Tim Miller, presented the proposed
resolution to Council.Mr. Miller stated this item is the third amendment to ratify the
TIRZ board approvals presented during the earlier meeting. He outlined the
amendment decreases and increases the percentage of the tax increment to be
contributed by a taxing unit.
Motion to approve- Mikulec; second by Wade, motion carried with all ayes
RESOLUNTION NO. 2020-007
5.4 Discuss and consider approving a resolution approving a Third Amendment to the
Developer’s Agreement between the City of The Colony and Wynnwood Peninsula
Partners, L.P.
Assistant City Manager of Administration, Tim Miller, presented the proposed
resolution to Council.Mr. Miller stated the item is one of two planned development
agreements that surround The Tribute. The City has agreed to update the agreement
while extending the terms in order to finance this project.
Kristian Teleki, 320 West Main Street, Lewisville, provided an overview on the
proposed resolution.
Motion to approve- Marks; second by Wade, motion carried with all ayes
RESOLUNTION NO. 2020-008
5.5 Discuss and consider approving a resolution approving a Fifth Amendment to the
Developer’s Agreement between the City of The Colony, Tribute Acquisitions, L.P.,
and Wynnwood Peninsula, Ltd.
Mayor noted the proposed resolution was a continuation of the previous agenda item
presented as the second portion of the agreement to amend.
Motion to approve- Terre; second by Wade, motion carried with all ayes
RESOLUNTION NO. 2020-009
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City Council – Regular Meeting Agenda
February 4, 2020
Page| 5
5.6 Discuss and consider approving a resolution authorizing the City Manager to execute
a publication of a Notice of Intention to issue Certificates of Obligation, including the
adoption of a resolution pertaining thereto.
Assistant City Manager of Administration, Tim Miller, presented the proposed
resolution to Council.
Motion to approve- Marks; second by Mikulec, motion carried with all ayes.
RESOLUNTION NO. 2020-010
Executive Session was convened at 7:12 p.m.
6.0 EXECUTIVE SESSION
6.1 A. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city attorney
regarding pending or contemplated litigation - Appeal of Brazos Electric Power
Cooperative, Inc.,PUC Docket No. 45175 and City of The Colony, Texas v. Brazos
Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Council shall convene into a closed executive session pursuant to Section
551.087 of the Texas Government Code regarding commercial or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
Regular Session was reconvened at 7:43 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding pending or contemplated
litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No.
45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc.
matter, Cause No. 16-06424-16.
No Action
B. Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s).
No Action
ADJOURNMENT
With there being no further business to discuss the meeting was adjourned at 7:43 p.m.
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City Council – Regular Meeting Agenda
February 4, 2020
Page| 6
APPROVED:
________________________________
/s/Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
/s/Tina Stewart, TRMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: February 18, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a renewal contract for services and
designating the Dallas Morning News as the city's official newspaper. (Stewart)
Suggested Action:
Attachments:
Res 2020-xxx Dallas Morning News Official Newspaper.doc
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ____
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
DESIGNATING THE DALLAS MORNING NEWS, AS THE
OFFICIAL NEWSPAPER FOR THE CITY; PROVIDING AN
EFFECTIVE DATE
WHEREAS, the Texas Local Government Code, Section 52.004, requires the
governing body of a municipality to annually designate a public newspaper of the city as
the official newspaper for official publications; and
WHEREAS,The Colony City Council finds that the Dallas Morning News is a
publication that meets the criteria legally required of an officially designated newspaper
as stated by the Texas Government Code Section 2051.044.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
designates the Dallas Morning News as the official newspaper of the City of The Colony
for publication of ordinances, public notices and other matters required by the state law.
Section 2.The City Manager is hereby authorized to execute a contract with
the Dallas Morning News for the period of March 1, 2020 through February 28, 2021, as
attached in Exhibit A.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 18th day of February, 2020.
______________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC
City Secretary
APPROVED AS TO FORM:
_________________________________
Jeff Moore, City Attorney
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 18, 2020
Submitted by: Molly Owczar
Submitting Department: Customer Services
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute and approve a third amendment to the
commercial & industrial and residential solid waste collection, transport and disposal and residential recycling
collection, transport & processing agreement with Republic Services, attached hereto as exhibit "A"; and
providing for an immediate effective date. (Owczar)
Suggested Action:
Attachments:
Solid Waste Agreement - Allied Waste - Third Amendment.docx
Recycle attachment Addendum .docx
Res 2020-xxx Third Amendment of Republic Waste Agreement.doc.docx
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THIRD AMENDMENT TO THE COMMERCIAL & INDUSTRIAL AND
RESIDENTIAL SOLID WASTE COLLECTION, TRANSPORT AND
DISPOSAL AND RESIDENTIAL RECYCLING COLLECTION, TRANSPORT
& PROCESSING AGREEMENT
This Third Amendment to the Commercial & Industrial and Residential Solid Waste
Collection, Transport and Disposal and Residential Recycling Collection, Transport &
Processing Agreement (the "Third Amendment"), is entered into on June 1, 2020, by and
between the City of The Colony, Texas (the "City"), a Texas home-rule municipality, acting by
and through its governing body, the City Council (hereinafter referred to as the "City Council"),
and Allied Waste Services, Inc. d/b/a Republic Services of Lewisville ("Contractor").
RECITALS:
WHEREAS, on or about June 1, 2007, the City and Contractor entered into a
Commercial and Industrial and Residential Solid Waste Collection, Transport and Disposal and
Residential Recycling Collection, Transport and Processing Agreement (the "Original
Agreement"); and
WHEREAS,on or about May 12, 2012, the City and Contractor entered into a
First Amendment to the Commercial and Industrial and Residential Solid Waste Collection,
Transport and Disposal and Residential Recycling Collection, Transport and Processing
Agreement (hereinafter referred to as the “First Amendment”); and
WHEREAS,on or about May 1, 2015, the City and Contractor entered into a Second
Amendment to the Commercial and Industrial and Residential Solid Waste Collection,
Transport and Disposal and Residential Recycling Collection, Transport and Processing
Agreement (hereinafter referred to as the "Second Amendment"); and
WHEREAS,the City and the Contractor find and determine it is in the best interests of
the parties to amend the Original Agreement, as amended by the First Amendment and Second
Amendment (collectively referred to as the "Agreement") to address certain obligations of the
parties in accordance with the terms of this Third Amendment.
NOW, THEREFORE,upon the mutual covenants, conditions and promises contained
herein, the parties hereby agree as follows:
SECTION 1.AMENDMENTS TO AGREEMENT.
(a)Amendment to Agreement. That Section 2.2.1 is hereby added to the Agreement and
shall read as follows:
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“2.2.1 Republic will replace remaining half of city residential solid waste carts by
December 31, 2020.”
(b)Amendment to Agreement. That Section 2.6.1 is hereby added to the Agreement and
shall read as follows:
“2.6.1 Republic will fund education program to lower amount of contamination in
recycling waste stream. Republic to furnish educational stickers to adhere to each
residential recycling cart by December 31, 2020. Republic to replace remaining
half of city with new residential recycle carts by December 31, 2020.”
(c)Amendment to Agreement. That Section 2.10 of the Agreement is hereby amended to
read as follows:
“Holiday Trees Recycling Service
2.10 The City shall annually designate a collection site within the corporate limits of
the City for the deposit of Holiday trees by residential customers for the period
beginning on or about the 26th of December of each year and ending
approximately 3 weeks later. The Holiday trees will be chipped and 8 (eight) 30
(thirty) yard loads of compost shall be delivered to a designated drop each year,
and the resulting material will be made available to residents of the City. This
service to be provided by the Contractor at no cost to the City.”
(d)Amendment to Agreement. That Section 2.13 of the Agreement is hereby amended to
read as follows:
“2.13 The Contractor shall observe the following three (3) holidays: Christmas day,
New Years day, and Thanksgiving Day, all other holidays are to be as normal for
pickup of MSW, Green Waste, Bulky Trash and Recycling. In the event that the
observation of the holiday is on the normally scheduled collection day for MSW,
Green Waste, Bulky Trash or Recycling, the collection will be the next collection
day. All other collection days for the remainder of the week will be pushed back
one day.”
(e)Amendment to Agreement. That Section 2.17.2 is hereby added to the Agreement and
shall read as follows:
“2.17.2 Republic to replace collection equipment by December 31, 2020.”
(f)Amendment to Agreement. That Section 4.1 of the Agreement as amended by the
Second Amendment is hereby amended to read as follows:
“4.1 The term of service for the Agreement through this Third Amendment is
extended for one (1) additional five (5) year term through May 31, 2026. Either
party may cancel this Original Agreement by notifying the other party by
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certified mail a minimum of One Hundred Eighty (180) days prior to the
expiration date of the term.”
(g)Amendment to Agreement.That Section 5.2 of the Original Agreement, as modified by
the Second Amendment, is hereby amended to read as follows:
“5.2 The rate modification formula to be used during the terms of this Agreement is
the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash
Collection Services) U.S. City Average, as published by United States
Department of Labor, Bureau of Statistics (the “CPI”). The CPI will be factored at
seventy percent (70%) with the landfill increase to be factored at thirty percent
(30%).”
(h)Amendment to Agreement. That Section 5.4 of the Agreement as added by the Second
Amendment is hereby amended to read as follows:
"5.4 The base CPI differential used shall be for the preceding twelve (12)
month period. At no time shall the base index used to calculate the differential be
older than the most recently available twelve (12) month period. There will not be
a CPI increase until June 2022. This will not be retroactive to 2020 but will be
the actual CPI increase for that period. The water, sewer trash index for March
2022 will be utilized.”
(i)Amendment to Agreement. That Appendix A of the Agreement is hereby amended and
a copy of which is attached hereto as Exhibit 1 of this Third Amendment, and is
incorporated herein for all purposes.
(j)Amendment to Agreement. That Appendix C is hereby added to the Agreement which
is attached hereto as Exhibit 2 of this Third Amendment, and is incorporated herein for
all purposes.
SECTION 2.MISCELLANEOUS PROVISIONS.
(a)
Caption Headings.Caption headings in this Third Amendment are for convenience
purposes only and are not to be used to interpret or define the provisions of the Third
Amendment.
(b)Counterparts.This Third Amendment may be executed in one or more counterparts,
each of which shall be deemed an original and all of which shall constitute one and the
same document.
(c)Effective Date.The effective date (the "Effective Date") of this Third Amendment shall
be the date of the latter to execute this Third Amendment by the Contractor and the City.
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(d)Original Agreement and Any Amendments. All of the terms, conditions, and
obligations of the Original Agreement, First Amendment and Second Amendment remain
in full force and effect except where specifically modified by this Third Amendment.
(e)Severability.The provisions of this Third Amendment are severable. If any paragraph,
section, subdivision, sentence, clause, or phrase of this Third Amendment is for any
reason held by a court of competent jurisdiction to be contrary to law or contrary to any
rule or regulation have the force and effect of the law, the remaining portions of the Third
Amendment shall be enforced as if the invalid provision had never been included.
[The Remainder of this Page Intentionally Left Blank]
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IN WITNESS WHEREOF,the Parties have executed this Third Amendment to the
Commercial & Industrial and Residential Solid Waste Collection, Transport and Disposal and
Residential Recycling Collection, Transport & Processing Agreement as of the Effective Date.
ALLIED WASTE SYSTEMS,
INC. dba REPUBLIC SERVICES
OF LEWISVILLE
By:
Name:
Title:
Date:
CITY:
CITY OF THE COLONY, TEXAS,
a Texas home-rule municipality,
By;
Troy C. Powell, City Manager
Date:
ATTEST:
Tina Stewart, City Secretary
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Exhibit 1
APPENDIX "A"
(RESIDENTIAL & COMMERCIAL FEES)
EFFECTIVE DATE: JUNE 1, 2020
RESIDENTIAL MUNICIPAL SOLID WASTE
1) $11.03 (per month per residential customer for once a week with a 95 gallon
(minimum) wheeled poly cart for the collection of MSW. This price also includes
the twice per month cost of Bulky item collection.($10.03 x 10% franchise
fee=$11.03
2)
$7.81 per month per residential customer for second and/or third solid waste
container. ($7.81 x 10% franchise fee=$8.59)
GREEN WASTE RECYCLING
1) $2.87 per month per residential customer weekly collection of green waste.
($2.61x10% franchise fee=$2.87)
RESIDENTIAL RECYCLING:
1) $5.39 per month per residential customer for once a week with a 95 gallon
(minimum) wheeled poly cart for the collection of recyclable materials.
($4.90x10% franchise fee= $5.39)
TOTAL RESIDENTIAL PRICE: $19.29 PER MONTH. (including franchise fee)
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Commercial Rates will not have a cpi increase till June 2022
COMMERCIAL RATES:
SIZE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA
95 G 24.00 34.00 40.00 48.00 63.00 -24.00
2 YD 81.30 142.86 204.47 266.00 327.58 440.47 46.12
3 YD 93.12 162.61 232.07 301.54 370.99 440.47 46.12
4 YD 104.65 182.84 259.36 336.71 414.08 491.43 54.61
6 YD 126.49 219.64 312.77 405.95 499.09 592.09 59.10
8 YD 146.85 255.77 364.70 470.47 582.56 691.46 65.88
Will provide caster and locks.
$ 1.56 per caster, per month
$ 1.56 per gate, per month / per lift – Republic Services will close every gate after each
service has been performed.
$ 1.56 per lock, per month / per lift
Delivery / exchange charge - $55.00 – Customer allowed one exchange at no charge per
year.
Excess Yardage Fee - $45.00 per yard
COMMERCIAL SERVICE CHARGES: Open Top Roll Off
SIZE DELIVERY RENTAL HAUL & DISPOSAL
15 YD 121.54 5.76 348.76
20 YD 125.00 $3.00 per
day
280.00 haul - $32.00
ton
30 YD 125.00 $3.00 per
day
280.00 per haul $32.00
per ton
40 YD 125.00 $3.00 per
day
280.00 per haul $32.00
per ton
COMMERCIAL SERVICE CHARGES: Compactors
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SIZE DELIVERY RENTAL HAUL & DISPOSAL
30 N/A NEO $320 haul plus $32.00
35 N/A NEO $320 haul plus $32.00
per ton
40 N/A NEO $320 haul plus $32.00
per ton
Commercial compactor rates :
Front Load compactor $90.00 per lift
Delivery negotiated
Rental per day negotiated
Grapple Truck Service $101.25/hr. plus disposal
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Exhibit 2
Appendix C
SPECIFICATIONS & PRICING FOR RECYCLING SERVICES
1.Recycling Services Definitions.
1.1 “Recyclable Materials” are used and/or discarded materials that are capable of
successful processing and sale on the commodity market.
1.2 “Acceptable Material” means the materials listed in Section 8 below.
1.3 “Unacceptable Material” means the materials listed in Section 9 below. All Recyclable
Materials collected for delivery and sale by Company shall be hauled to a processing facility selected by
Company for processing (“Recycling Services”).
2.City’s Duty. City shall make a commercially reasonable effort to educate its Customers
regarding Acceptable and Unacceptable Materials and to encourage its Customers to place only
Acceptable Materials in their recycling containers.
3.Collection and Processing. City shall pay Company a rate of $1.32 processing and $3.58 hauling
per Unit for the collection and processing of Recyclable Materials from Residential Units. City’s
Collection and Processing rate assumes that, on average, City’s Recyclable Material consists of no more
than 20% Unacceptable Material (the “Unacceptable Material Threshold”). The Collection and
Processing rate is subject to Rate Adjustments as set forth in Section 5.4 of this Third Amendment.
4.Right to Inspect/Audit. Company may visually inspect the collected Recyclable Materials to
ensure loads are at or below the Unacceptable Material Threshold. If Company’s visual inspector
determines that loads of Recyclable Material are consistently above the Unacceptable Material Threshold,
Company will notify City of the issue and the parties agree to promptly negotiate in good faith (a) an
agreed upon procedure to audit a representative sample of City’s Recyclable Material to determine its
actual composition of Unacceptable Material; and (b) an updated Collection and Processing rate
commensurate with the composition of Unacceptable Material.
5.Recycling Commodity Credit. Company shall return 100% of City’s recycling commodity value
to City each month. City’s “Recycling Commodity Credit” shall be determined by multiplying the per-
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ton market value of the processing facility’s Average Commodity Mix by the number of tons of
Recyclable Material collected from City and processed each month. The processing facility’s “Average
Commodity Mix” means the relative mix of outbound commodities (including Residue), established
pursuant to either (i) a minimum rolling 3-month facility average composition (subject to adjustment as
necessary by Company) or (ii) a composition audit or an average of audits over a 12-month period (if
any). The processing facility’s Average Facility Commodity Mix is set forth in the attached Exhibit B-1.
The per-ton value of the processing facility’s Average Commodity Mix shall be determined each month
by applying the most recently-available indices or actual values (as set forth in Exhibit B-1) to the
facility’s Average Commodity Mix including any negative commodity market values and Company’s
charges for hauling and disposing of contaminated, unmarketable and/or Unacceptable Material
(“Residue”).
6.Reporting and Credit. Company will provide City with a monthly report detailing the total tons
of Recyclable Material received from the City during the previous month and the calculation of City’s
Recycling Commodity Credit for that month. If the City’s account is billed in the aggregate to the City,
the previous month’s Recycling Commodity Credit will be issued as a credit on the next month’s invoice
to the City (if the Recycling Commodity Credit exceeds the City’s invoice amount, then Company will
issue a check to City for the balance of its Recycling Commodity Credit). If the City’s account is
Customer-billed, then Company will issue a check to City for its full Recycling Commodity Credit each
month (in arrears).
7.Changes in Market Conditions. If market conditions develop that limit or inhibit Company from
selling some or all of the Acceptable Material, Company may at its option and upon notice to Supplier (i)
redefine Acceptable and Unacceptable Materials, (ii) update the processing facility’s Average Commodity
Mix; (iii) suspend or discontinue any or all Services, or (iv) dispose of the Acceptable Material (as
currently defined) in a landfill and update the pricing to City accordingly. Any such actions, if taken, may
be reversed or further changed as market conditions dictate.
8.Acceptable Material. All material must be empty, clean and dry. Company may modify the
following list of Acceptable Materials in its sole and absolute discretion but will provide City with at least
thirty (30) days’ prior written notice of any such modifications.
Aluminum food and beverage containers - aluminum soda and beer cans, cat
food cans, etc.
Ferrous Cans - soup, coffee cans, etc.
P.E.T. plastic containers with the symbol #1 - no microwave trays
H.D.P.E. natural plastic containers with the symbol #2 - milk jugs and water jugs
containers only (narrow neck containers)
H.D.P.E. pigmented plastic containers with the symbol #2 - detergent, shampoo,
bleach bottles without caps (narrow neck containers); butter and margarine tubs
Polypropylene plastic food and beverage containers symbol #5 - yogurt
containers
Mixed Paper (54), as defined in the most recent ISRI Scrap Specifications
Circular
Sorted Residential Paper and News (56), as defined in the most recent ISRI Scrap
Specifications Circular
Kraft Paper Bags
Old Corrugated Containers (OCC) - no wax coated
Magazines (OMG) - Coated magazines, catalogues and similar printed materials,
junk mail, and soft cover books
30
[Aseptic Cartons - Juice boxes, gable top milk and juice containers, soy milk and
soup cartons]
[Glass food and beverage containers - Flint (clear), Amber (brown), Emerald
(green)]
9.Unacceptable Material. Company may modify the following list of Unacceptable Materials in its
sole and absolute discretion but will provide City with at least thirty (30) days’ prior written notice of any
such modifications.
Yard Waste
Styrofoam
Pizza Boxes, unless free of any food or grease residue
Food
Any liquids
Diapers
Clothing/textiles
Plastic Bags or bagged material (newsprint may be placed in a Kraft bag)
Plastic containers with #3, #4, #6, or #7 on them or no # at all
Mirrors, window or auto glass, light bulbs, ceramics
Oil or antifreeze containers
Coat hangers
Paint cans
Medical Waste/Sharps
Any Acceptable Material that is no longer acceptable due to its coming into
contact with or being contaminated by Unacceptable Material.
31
1.Rates.The recycle rates are updated as follows (and are subject to rate adjustments
in Section 6 of the Agreement):
Monthly Subscription Rate:$4.90
Hauling Rate: $3.00
Processing Commodity Rate:$1.90
RECYCLING FACILITY AVERAGE COMMODITY MIX
The Colony, Tx
Single Stream Commodity Mix / Value
Disposal Cost / Ton for Residual
$
31.00
Transportation Cost / Ton for Residual
$
24.00
MRF Processing Cost / Ton
$
90.00
32
Every recycle stream is different and should be
audited to determine contents.
Commodity Type 10 Year Average
Commodity
Revenue Per Ton
($/ton)
Mix of
Recycling
Stream %
OCC/Cardboard
$
85.00 35.4%
Mixed Paper
$
35.90 26.2%
ONP $ - 0.0%
Sorted Office $ - 0.0%
Sorted White Ledger $ - 0.0%
HDPE Natural 0.0%
HDPE Color $ 300.00 1.5%
PET $ 320.00 5.0%
Mixed Plastics (3-7)
$
280.00 1.2%
Steel Cans/Metal
$
130.00 1.9%
Aluminum
$
1,130.00 1.2%
Mixed Glass $ - 8.1%
Green Glass $ - 0.0%
Brown Glass $ - 0.0%
Clear Glass $ - 0.0%
Mixed Aggregate $ - 0.0%
Concrete $ - 0.0%
Asphalt $ - 0.0%
33
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 -_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING AND APPROVING A THIRD
AMENDMENT TO THE COMMERCIAL &INDUSTRIAL AND
RESIDENTIAL SOLID WASTE COLLECTION, TRANSPORT AND
DISPOSAL AND RESIDENTIAL RECYCLING COLLECTION,
TRANSPORT & PROCESSING AGREEMENT WITH REPUBLIC
SERVICES, ATTACHED HERETO AS EXHIBIT “A”; AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas, entered into a solid waste and recycling
collection contract with Republic Waste Services on June 1, 2007; and
WHEREAS, the City Council of the City of The Colony, Texas, finds and determines it
to be in the City’s best interest to approve a Third Amendment to the Commercial & Industrial
and Residential Solid Waste Collection, Transport and Disposal and Residential Recycling
Collection, Transport & Processing Agreement, which is attached hereto as Exhibit A, and is
incorporated here for all purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. The findings set forth above are incorporated into the body of this Resolution
as if fully set forth herein.
Section 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Third Amendment to the Commercial & Industrial and Residential Solid Waste
Collection, Transport and Disposal and Residential Recycling Collection, Transport & Processing
Agreement, which is attached hereto as Exhibit A, and is incorporated here for all purposes.
Section 3.That this Resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 18th
day of February, 2020.
______________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, City Secretary
34
APPROVED AS TO FORM:
_______________________________
Jeff Moore, City Attorney
35
Exhibit A
Third Amendment to the Commercial & Industrial and
Residential Solid Waste Collection, Transport and
Disposal and Residential Recycling Collection, Transport &
Processing Agreement
36
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: February 18, 2020
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Ordinance
Agenda Section:
Subject:
Consider approving an ordinance amending Chapter 5 Article I, Section 5.1 Entitled "Definitions" by amending
the definition of "Nuisance" and amending Chapter 5 Article I, Section 5.3(A) entitled "Public Nuisance" by
prohibiting the keeping of animals that make frequent or long continued noise. (Perez)
Suggested Action:
The proposed amendment to this section of ordinance would remove the 15 minute time period currently
required for Animal Services Officers to cite an animal owner keeping an animal causing a public nuisance to
adjacent property owners for excessive barking, howling, etc. There have been many instances where a
resident calls Animal Services multiple times to issue a complaint about an excessively barking dog and
officers are unable to address the issue due to the 15 minute consecutive period the animal must be observed
barking, etc. to be in violation of current ordinance. Removing the 15 min requirement and adopting the
proposed amended language of " no person may keep an animal that makes frequent or long, continued noise
that is disturbing to a person of normal sensibilities" provides the flexibility for officers who have been called to a
property multiple times for the same barking/noise complaint but have been unable to address the issue
through the current ordinance language as well as assisting adjacent residents affected in these scenarios who
are prevented from the reasonable use and enjoyment of their property
Attachments:
Ord. 2020-xxxx Barking Dog Amendment.docx
37
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020- ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 5, ARTICLE I, SECTION 5.1
ENTITLED “DEFINITIONS,” BY AMENDING THE DEFINITION OF
“NUISANCE” AND AMENDING CHAPTER 5, ARTICLE I, SECTION
5.3(A) ENTITLED “PUBLIC NUISANCES,” BY PROHIBITNG THE
KEEPING OF ANIMALS THAT MAKE FREQUENT OR LONG,
CONTINUED NOISE THAT IS DISTURBING TO A PERSON OF
NORMAL SENSIBILITIES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE
HUNDRED DOLLARS ($500) FOR EACH AND EVERY OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to amend Chapter 5, Article I, Sections 5.1 and
5.3(a) of the Code of Ordinances to prohibit the keeping of animals that make frequent or long,
continued noise that is disturbing to a person of normal sensibilities.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, is hereby
amended by amending Chapter 5, Article I, Section 5.1 entitled “Definitions,” by amending the
definition of “Nuisance” which shall read as follows:
“Sec. 5-1.Definitions.
. . .
Nuisance shall mean any animal or animals which:
(1)Impedes, hinders or harasses passersby or passing vehicles.
(2)Attacks other animals.
(3)Damages, soils, defiles, or defecates on private property, parkway other than that
of its owner or on public walks, recreation areas and medians or other public
property unless such waste is immediately removed and properly disposed of by
the owner.
(4)Trespasses on school grounds.
(5)Is repeatedly at large (two times or more).
(6)Barks, whines, howls, crows or bawls in an excessively in such a way to prevent
the reasonable use and enjoyment of adjacent property.
(7)Has bitten one or more persons.”
38
Page 2
SECTION 3.That the Code of Ordinances of the City of The Colony, Texas, is hereby
amended by amending Chapter 5, Article I, Section 5.3 entitled “Public nuisances,” by amending
subsection (a) which shall read as follows:
“Sec. 5-3. Public nuisances. . . .
(a)Animals creating disturbances. No person may keep an animal that makes
frequent or long, continued noise that is disturbing to a person of normal
sensibilities.”
SECTION 4.If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5.Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five
Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 18th day of February, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
39
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 18, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation -
Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v.
Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas
Government Code regarding commercial or financial information the city has received from a business
prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s).
C. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas
Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, or discipline,
or to hear a complaint or charge against an officer or employee – City Secretary and Deputy City Secretary
update.
Suggested Action:
Attachments:
40
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 18, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of Brazos
Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric
Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Any action as a result of executive session regarding commercial or financial information the city has
received from a business prospect(s).
C. Any action as a result of executive session regarding legal advice from the city attorney regarding the
appointment, employment, evaluation, reassignment, duties, or discipline, or to hear a complaint or charge
against an officer or employee – City Secretary and Deputy City Secretary update.
Suggested Action:
Attachments:
41