HomeMy WebLinkAbout2020 0303CITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, MARCH 3, 2020
6:30 PM
TO ALL INTERESTED PERSONS
Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony,
Texas to be held at 6:30 PM on TUESDAY, MARCH 3, 2020 at CITY HALL, 6800 MAIN ST., THE
COLONY, TX, at which time the following items will be addressed:
1 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS
1.1 Call to Order
1.2 Invocation
1.3 Pledge of Allegiance to the United States Flag
1.4 Recognition of City staff concerning their hard work and efforts concerning the Grandscape
development - Stephen Schubert, Carl McMurphy, Jeremie Maurina and Jeremy Lucas. (Council)
1.5 Announcement acknowledging the City of The Colony Employee of the Year. (Wallican)
1.6 Proclamation recognizing March 3, 2020 as The Colony Public Library Day. (Charters)
1.7 Presentation of the Texas Municipal Library Director's Association 2019 Achievement of Excellence in
Libraries Award by Lynette Roberson. (Charters)
1.8 Items of Community Interest
1.9 Receive a presentation from the Library regarding current and upcoming programs, events, and service
improvements. (Margolis)
2 CITIZEN INPUT
This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of
thirty (30) minutes for items not posted on the current agenda. The council may not discuss these
items, but may respond with factual data or policy information, or place the item on a future
agenda. Those wishing to speak shall submit a Request Form to the City Secretary.
3 WORK SESSION
The Work Session is for the purpose of exchanging information regarding public business or
policy. No action is taken on Work Session items. Citizen input will not be heard during this
portion of the agenda.
3.1 Receive presentation, discuss and provide direction to staff regarding migratory bird rookery deterrent
and management plan. (Nelson)
3.2 Discussion regarding the City Council Workshop Retreat. (Powell)
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REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 03/03/2020
Page - 2
3.3 Council to provide direction to staff regarding future agenda items. (Council)
4 CONSENT AGENDA
The Consent Agenda contains items which are routine in nature and will be acted upon in one
motion. Items may be removed from this agenda for separate discussion by a Council member.
4.1 Consider approving City Council Regular Session meeting minutes for February 18, 2020. (Stewart)
4.2 Consider approving Council expenditures for the month of December 2019 and January 2020.
(Council)
5 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving an ordinance abandoning, vacating, and closing unused roadway
right-of-way consisting of an approximate 4,530 square-foot or 0.0485 acre tract of land located in the
Buffalo Bayou, Brazos & Colorado Railroad Co. Survey, Abstract No. 174, City of The Colony,
Denton County, Texas, and authorizing the City Manager to execute a deed or deeds conveying said
unused right-of-way to the adjacent property owner or owners. (Williams)
5.2 Discuss and consider a resolution authorizing the use of eminent domain to condemn property consisting
of approximately 0.4294 acre tract of property for a 20’ wastewater force main, and City of The
Colony Fiber Optic Easement, and a 0.0655 acre tract of property and 0.0840 acre tract of property
for a Temporary Construction Easement situated in the B.B.B. & C.R.R. Co. Survey, Abstract No.
173, City of The Colony, Denton County, Texas, as part of the City of The Colony’s 20’ Wastewater
Force Main and City of The Colony Fiber Optic Project. (Hartline).
6 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).
7 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of
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REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 03/03/2020
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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).
EXECUTIVE SESSION NOTICE
Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the
above items may be considered in executive session closed to the public, including but not limited
to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of
the attorney’s ethical duty to advise the city concerning legal issues arising from an agenda item.
Any decision held on such matter will be taken or conducted in open session following the
conclusion of the executive session.
ADJOURNMENT
Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as
interpreters for persons who are deaf or hearing impaired, readers or, large print are requested to
contact the City Secretary’s Office, at 972-624-3105 at least two (2) working days prior to the
meeting so that appropriate arrangements can be made.
CERTIFICATION
I hereby certify that above notice of meeting was posted outside the front door of City Hall by
5:00 p.m. on the ___ day of __________, 2017.
____________________________________
Tina Stewart, TRMC, City Secretary
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Agenda Item No:1.4
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 2020
Submitted by: Mayra Sullivan
Submitting Department: General Admin
Item Type: Recognition
Agenda Section:
Subject:
Recognition of City staff concerning their hard work and efforts concerning the Grandscape development -
Stephen Schubert, Carl McMurphy, Jeremie Maurina and Jeremy Lucas. (Council)
Suggested Action:
Attachments:
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Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 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: March 3, 2020
Submitted by: Megan Charters
Submitting Department: Library
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation recognizing March 3, 2020 as The Colony Public Library Day. (Charters)
Suggested Action:
Attachments:
The Colony Public Library Day Proclamation.pdf
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The Colony Public Library Day Proclamation
WHEREAS, public libraries play a vital role in education, recreation, and empowerment in communities;
WHEREAS, librarians continue to lead the way in leveling the playing field for all who seek information
and access to technologies;
WHEREAS, each year the Texas Municipal Library Director’s Association confers the Achievement of
Library Excellence Award for outstanding contributions to public libraries in Texas;
WHEREAS, the Texas Municipal Library Director’s Association Achievement of Library Excellence Award
is open to Texas public library directors and the libraries they represent;
WHEREAS, each year applicants must exhibit excellence in providing services to underserved and special
populations, in enhancing services, in marketing their programs and services in innovative ways, in
promoting cultural, topical, and educational programming, in providing literacy support, in providing
summer reading clubs, in pursuing collaborative efforts, in supporting workforce development, in
providing for digital inclusion, and in comprehensively training staff;
WHEREAS, of the 571 public libraries that exist in Texas, only 53 received this award in 2019;
WHEREAS, The Colony Public Library has met the requirements of excellence and been awarded the
2019 Texas Municipal Library Director’s Association Achievement of Library Excellence Award;
NOW, THEREFORE, be it resolved that I, Joe McCourry, Mayor of The Colony, proclaim March 3rd to be
The Colony Public Library Day in the City of The Colony and encourage all residents to visit the library
and enjoy the many programs and services offered.
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Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Presentation
Agenda Section:
Subject:
Presentation of the Texas Municipal Library Director's Association 2019 Achievement of Excellence in Libraries
Award by Lynette Roberson. (Charters)
Suggested Action:
Attachments:
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Agenda Item No:1.9
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 2020
Submitted by: Kate Margolis
Submitting Department: Library
Item Type: Announcement
Agenda Section:
Subject:
Receive a presentation from the Library regarding current and upcoming programs, events, and service
improvements. (Margolis)
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 2020
Submitted by: Pam Nelson
Submitting Department: Parks & Recreation
Item Type: Miscellaneous
Agenda Section:
Subject:
Receive presentation, discuss and provide direction to staff regarding migratory bird rookery deterrent and
management plan. (Nelson)
Suggested Action:
Staff will provide an update on what has been done to prepare the city and citizens for the potential return of
migratory birds in the neighborhoods.
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discussion regarding the City Council Workshop Retreat. (Powell)
Suggested Action:
Attachments:
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 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: March 3, 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 18, 2020. (Stewart)
Suggested Action:
Attachments:
February 18, 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 18, 2020
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:31 p.m. on the 18
th day of February, 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
Present
Present
And with 7 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 6:31 p.m.
1.2 Invocation
Reverend Mark McCoy with Friendship 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 Year.
***Item removed from the agenda with no discussion***
1.6 Proclamation: IHOP’s National Pancake Day and Shriners Hospital for Children
Day.
Mayor recognized February 25, 2020 as IHOP's National Pancake Day and
Shriners Hospital for Children Day.
1.7 Items of Community Interest
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City Council – Regular Meeting Agenda
February 18, 2020
Page| 2
1.7.1 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
Special Events Coordinator, Lindsey Stansell, provided upcoming events and
activities to the Council.
Councilmember Marks announced early voting started today for the March 3, 2020
Primary Election.
2.0 CITIZEN INPUT
Denise Connors, 5400 Waterwood Court, spoke concerning the stripping on the Hike &
Bike Trails in the Legends. She stated the stripping is no longer visible to citizens, and
suggested to repaint, add lighting or crosswalk signs to avoid possible accidents.
3.0 WORK SESSION
3.1 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Marks; second by Mikulec, motion
carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for February 4,
2020.
4.2 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.
RESOLUNTION NO. 2020-011
5.0 REGULAR AGENDA ITEMS
5.1 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.
Director of Customer Services, Molly Owczar, presented the proposed resolution to
Council. Ms. Owczar outlined the key points to the contract amendment as
follows: recycling education program; 2-year rate freeze; replacement of trash carts,
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City Council – Regular Meeting Agenda
February 18, 2020
Page| 3
recycle carts and collection equipment; additional loads of compostwith 8 loads total
from the 4 in past years; holiday observance,contract renewal term and continued
partnership with Republic Service.
Council provided discussion on this item.
Motion to approve- Mikulec; second by Boyer, motion carried with all ayes
RESOLUTION NO. 2020-0012
5.2 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.
Director of Government Relations and Programming, Joe Perez, presented the
proposed ordinance to Council.Mr. Perez outlined the proposed amendment would
remove the 15minute requirement that cites an animal owner keeping an animal
causing a public nuisance.
Council provided discussion on this item.
Motion to approve- Mikulec; second by Marks, motion carried with all ayes
ORDINANCE NO. 2020-2390
Executive Session was convened at 7:31 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).
***Item was removed from the agenda with no discussion***
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City Council – Regular Meeting Agenda
February 18, 2020
Page| 4
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.
Regular Session was reconvened at 7:39 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).
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.
No Action
ADJOURNMENT
With there being no further business to discuss the meeting was adjourned at 7:39 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for the month of December 2019 and January 2020. (Council)
Suggested Action:
Attachments:
City Council December and January Expenditures.pdf
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 2020
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving an ordinance abandoning, vacating, and closing unused roadway right-of-way
consisting of an approximate 4,530 square-foot or 0.0485 acre tract of land located in the Buffalo Bayou,
Brazos & Colorado Railroad Co. Survey, Abstract No. 174, City of The Colony, Denton County, Texas, and
authorizing the City Manager to execute a deed or deeds conveying said unused right-of-way to the adjacent
property owner or owners. (Williams)
Suggested Action:
Please see the attached ordinance and exhibit
Attachments:
ROW Vacate Grandscape Blvd Exhibit A (final).pdf
The Colony - Ord - Abandoning City ROW to Grandscape - jlm rev clean - revised 022720 final.docx
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CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, ABANDONING, VACATING, AND CLOSING UNUSED
ROADWAY RIGHT-OF-WAY CONSISTING OF AN APPROXIMATE 4,530
SQUARE-FOOT OR 0.0485 ACRE TRACT OF LAND LOCATED IN THE
BUFFALO BAYOU, BRAZOS & COLORADO RAILROAD CO. SURVEY,
ABSTRACT NO. 174 IN THE CITY OF THE COLONY, DENTON
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED
AND/OR DEPICTED IN EXHIBIT A, WHICH IS ATTACHED HERETO
AND INCORPORATED HEREIN FOR ALL PURPOSES; AUTHORIZING
THE CITY MANAGER TO EXECUTE A DEED OR DEEDS CONVEYING
SAID UNUSED RIGHT-OF-WAY TO THE ADJACENT PROPERTY
OWNER OR OWNERS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas, is a Texas home-rule municipality; and
WHEREAS, Section 311.001(a) of the Texas Transportation Code generally provides that
a home-rule municipality has exclusive control over and under the public highways, streets, and
alleys of the municipality; and
WHEREAS,Section 311.007 of the Texas Transportation Code provides the authority for
a home-rule municipality to vacate, abandon or close a street or alley within the municipality; and
WHEREAS, the City Council of the City of The Colony, Texas, finds and determines that
an approximately 4,530 square-foot or 0.0485 acre tract of land being more particularly described
and/or depicted in Exhibit A, which is attached hereto and is incorporated herein for all purposes
should be abandoned and conveyed to the abutting property owner of:
(1) Lot 3, Block A, Grandscape Addition Phase II, as recorded in Document No.2015-
240 Official Records of Denton County, an addition to the City of The Colony,
Denton County, Texas;
all of which is more particularly described and/or depicted in Exhibit A, which is attached hereto
and incorporated herein for all purposes; and
WHEREAS,the City Council of the City of The Colony, Texas, has determined and finds it
is in the public interest that the heretofore described portion of unused right-of-way, as described
and/or depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes,
should be abandoned, and conveyed to the abutting property owner(s) consistent with Section
272.001(b) (1), (b) (2), (b) (6), and (c) of the Texas Local Government, as amended.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. FINDINGS INCORPORATED. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2. ABANDON RIGHTS-OF-WAY. That the implied, dedicated right-of-way
consisting of an approximately 4,530 square-foot or 0.0485 acre tract of land being more
particularly described and/or depicted in Exhibit A, which is attached hereto and incorporated
herein for all purposes, is hereby abandoned, vacated, and closed as a public roadway right-of-way.
SECTION 3. AUTHORIZE THE CONVEYANCE OF RIGHTS-OF-WAY. That the
City Council of the City of The Colony, Texas, does hereby authorize the City Manager to execute a
deed or deeds in a form similar to the deed attached hereto as Exhibit B, and any and all documents
necessary conveying the unused rights-of-way to the abutting property owner or owners.
SECTION 4. SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Ordinance, since the same would have been enacted by the City
Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 5. REPEALER CLAUSE.Any provision of any prior ordinance of the City
whether codified or uncodified, which are in conflict with any provision of this Ordinance, are
hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City
whether codified or uncodified, which are not in conflict with the provisions of this Ordinance,
shall remain in full force and effect.
SECTION 6. EFFECTIVE DATE. 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 day of , 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
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Jeff Moore, City Attorney
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Exhibit A
Legal Description and/or Depiction
of
Abandoned Right-of-Way
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Exhibit B
Deed
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AFTER RECORDING, RETURN TO:
Troy C. Powell
City of The Colony
6800 Main Street
The Colony, Texas 75056-1133
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE
FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
QUITCLAIM DEED
(Prepared without benefit of title examination)
STATE OF TEXAS §
§KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That the CITY OF THE COLONY, TEXAS, a Texas home-rule municipality (hereinafter
referred to as the “Grantor”), whether one or more, for and in consideration of the sum of ONE
AND NO/100 DOLLARS ($1.00)cash in hand to Grantor paid by
,a (hereinafter referred to as the “Grantee”), the receipt
of which is hereby acknowledged, and other good and valuable consideration, the receipt and
sufficiency of which is hereby also acknowledged, has QUITCLAIMED, and by these presents does
QUITCLAIM unto the said Grantee all of Grantor’s right, title, and interest in and to the following
described real estate, to-wit:
BEING the approximately 4,530 square-foot or 0.0485 acre tract of land in
the Buffalo Bayou, Brazos & Colorado Railroad Co. Survey, Abstract No.
174 in the City of The Colony, Denton County, Texas, and being more
particularly described and/or depicted in Exhibit A, (the “Property”); such
Property being abandoned by the City of The Colony, Texas, on
, 2020, by Ordinance No. .
Together with all and singular Grantor's right, title, interest, estate, claim, and demand in and
to the hereditaments and appurtenances thereto belonging or in anywise pertaining.
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TO HAVE AND TO HOLD all its right, title and interest to the above described property
and premises unto the said Grantee, Grantee’s heirs, executors, administrators and assigns forever,
so that neither Grantor nor Grantor’s successors or assigns shall have, claim or demand any right or
title to the aforesaid property, premises or appurtenances or any part thereof.
WITNESS THE GRANTOR’S HAND EFFECTIVE as of the day of
, 2020.
GRANTOR:
THE CITY OF THE COLONY, TEXAS,
a Texas home-rule municipality,
____________________________________
Troy C. Powell, City Manager
ATTEST:
Tina Stewart, City Secretary
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ______ day of ______________,
2020, by Troy C. Powell, City Manager of the City of The Colony, Texas, a Texas home-rule
municipality, on behalf of said municipality.
____________________________________
Notary Public, State of Texas
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Exhibit A
Legal Description and/or Depiction of the Property
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Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 2020
Submitted by: Ron Hartline
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider a resolution authorizing the use of eminent domain to condemn property consisting of
approximately 0.4294 acre tract of property for a 20’ wastewater force main, and City of The Colony Fiber Optic
Easement, and a 0.0655 acre tract of property and 0.0840 acre tract of property for a Temporary Construction
Easement situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, City of The Colony, Denton County,
Texas, as part of the City of The Colony’s 20’ Wastewater Force Main and City of The Colony Fiber Optic
Project. (Hartline).
Suggested Action:
Background:
In the 1998 Developer’s Agreement with Billingsley Company (BC), it was agreed that BC would construct the
wastewater force main serving Austin Ranch area from the Austin Ranch lift station to SH 121 and the City
would construct the wastewater force main from SH 121 to the City’s treatment plant. In 2008, the City and BC
teamed to jointly construct the Austin Ranch Lift Station and to temporarily extend the force main to the gravity
sewer line located in Plano Parkway.
The sewer in Plano Parkway drains into the Office Creek Trunk Sewer that also serves the 121 corridor,
including Grandscape, Top Golf, Rooms to Go, and Cascades. With the development of Austin Ranch,
developments along the SH 121 corridor and Grandscape; it is now necessary to complete the force main from
the Austin Ranch Lift Station to the treatment plant. The upgraded force main will convey wastewater flows from
the Austin Ranch Lift Station directly to the City’s treatment plant. By conveying the wastewater directly to the
treatment plant, additional capacity will become available in the Office Creek Trunk Sewer for the new
developments along the SH 121 corridor and Grandscape.
City Council approved funding for the construction of the Austin Ranch Force Main Project in the 2018-2019
budget and the Phase 1 section of the project is currently under construction. This construction project consists
of the installation of a 20-inch force main from a manhole located near the Paige Road and Worley Drive
Intersection to the upstream end of the newly constructed North Trunk Sewer near Miller Drive and Keller Circle.
Phase 2 of the 20-inch force main will be constructed in a future contract and will extend from the existing
Austin Ranch Force Main discharge manhole located in the Nebraska Furniture Mart (NFM) pickup exit drive to
the new manhole that will be installed during Phase 1 near the Worley Drive and Paige Road Intersection. To
finish the design and installation of this segment of the project, the city needs to acquire approximately 0.4294
acre tract of property for a 20’ Wastewater Force Main and City of The Colony Fiber Optic Easement and a
0.0655 acre tract of property and 0.0840 acre tract of property for a Temporary Construction Easement situated
on a property in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, City of The Colony, Denton County, Texas.
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The city has performed an appraisal to determine the value of the easements necessary and our legal team
has made offers to the owner of the property which to date have not been accepted. To assure that this project
can be completed on schedule and be in place in time to handle the anticipated future flows, staff recommends
using eminent domain to condemn the property.
Suggested Motion:
I move that the City of The Colony, Texas, authorize the use of the power of eminent domain to acquire
approximately 0.4294 acre tract of property for a 20’ Wastewater Force Main and City of The Colony Fiber Optic
Easement and a 0.0655 acre tract of property and 0.0840 acre tract of property for a Temporary Construction
Easement situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, City of The Colony, Denton County,
Texas, as part of the City of The Colony’s 20’ Wastewater Force Main and City of The Colony Fiber Optic
Project.
Attachments:
Area to Be Acquired and Phase 1 and 2 Austin Ranch Force Main Map Location 1.pdf
202002240655.pdf
Res 2020-xxx Eminent Domain-Declare Necessity to Acquire Properties-Austin Ranch Force Main Project.docx
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!.
!. Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 500 1,000 1,500 2,000250Feet
Prop. Aus tin Ranch For ce MainProp. Aus tin Ranch For ce Main
14755 Preston Road, Suite 32514755 Preston Road, Suite 325Dallas, Texas 75254Dallas, Texas 75254(214) 631-6100(214) 631-6100www.apaienv.comwww.apaienv.comÜ
Legend
!.Existing FM Discharge Manhole
!.Connect to North Trunk Sewer
Ex. Force Main
Recommended North Route
Recommended South Route
Document Path: O:\Users\Share\rweinert\1438-009-01 (Austin Ranch)\GIS\Austin Ranch Map_v3.mxd Memorial Dr.Memorial Dr.Plano PkwyPaige RdS Colony BlvdNash Dr
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, DECLARING THE NECESSITY TO ACQUIRE AN
APPROXIMATELY 0.4294 ACRE TRACT OF PROPERTY FOR A 20’
WASTEWATER FORCE MAIN AND CITY OF THE COLONY FIBER
OPTIC EASEMENT AND A 0.0655 ACRE TRACT OF PROPERTY AND
0.0840 ACRE TRACT OF PROPERTY FOR A TEMPORARY
CONSTRUCTION EASEMENT PURPOSES AS PART OF THE CITY OF
THE COLONY’S 20’ WASTEWATER FORCE MAIN AND CITY OF THE
COLONY FIBER OPTIC PROJECT, ALL OF WHICH ARE SITUATED IN
THE B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO. 173, CITY OF THE
COLONY, DENTON COUNTY, TEXAS; DETERMINING THE PUBLIC
NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE
ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE
PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS
NECESSARY; AUTHORIZING THE CITY MANAGER OF THE CITY OF
THE COLONY, TEXAS, TO ESTABLISH JUST COMPENSATION FOR
THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE
CITY MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE
THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL
APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE
CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE
NOT SUCCESSFUL.
WHEREAS, the City Council of the City of The Colony, Texas (hereinafter referred to
as the “City Council”), has determined that an approximately 0.4294 acre tract of land situated in
the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, City of The Colony, Denton County, Texas
(hereinafter referred to as the “Easement Property”) and more particularly described and depicted
in Exhibit A, which is attached hereto and incorporated herein for all purposes, is appropriate for
use for the City of The Colony’s 20’ Wastewater Force Main and City of The Colony Fiber Optic
Project (hereinafter referred to as the “Project”), and that there exists a public necessity to acquire
the Easement Property for the construction of a 20’ Wastewater Force Main and City of The
Colony Fiber Optic Easement as part of the Project; and
WHEREAS, the City Council has determined that an approximately 0.0655 and 0.0840
acre tracts of land both of which are situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173,
City of The Colony, Denton County, Texas (hereinafter referred to as the “Temporary Construction
Easement Property”) and more particularly described and depicted in Exhibit B, which is attached
hereto and incorporated herein for all purposes, is appropriate for use for the Project, and that there
exists a public necessity to acquire the Temporary Construction Easement Property for the
construction of a 20’ Wastewater Force Main and City of The Colony Fiber Optic Easement as
part of the Project; and
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WHEREAS, the City Council desires to acquire the Easement Property and the
Temporary Construction Easement Property for this governmental and public purpose in
conjunction with the Project; and
WHEREAS, the City Council desires that the City Manager, or his designee, take all
necessary steps to acquire the Easement Property and the Temporary Construction Easement
Property, including but not limited to the retention of appraisers, engineers, and other consultants
and experts, and that the City Attorney, or his designee, negotiate the purchase of the Property in
fee simple and, if unsuccessful in purchasing the Easement Property and the Temporary
Construction Easement Property, to institute condemnation proceedings to acquire these required
property interests.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1.That all of the above premises are hereby found to be true and correct
legislative and factual findings of the City of The Colony, Texas, and they are hereby approved
and incorporated into the body of this resolution as if copied in their entirety.
SECTION 2.That the City Council hereby finds and determines that a public purpose and
necessity exists for the City of The Colony, Texas, to acquire said Easement Property and the
Temporary Construction Easement Property for the construction of 20’ Wastewater Force Main
and City of The Colony Fiber Optic Easement as part of the Project, which is deemed necessary
for construction of a 20’ Wastewater Force Main and installation of City of The Colony Fiber
Optics.
SECTION 3.That the City Manager, or his designee, is authorized and directed to
negotiate for and to acquire the Easement Property for wastewater force main and fiber optic
purposes and the Temporary Construction Easement Property for temporary construction purposes
for the City of The Colony, Texas, and to acquire said rights in compliance with State and Federal
law. That the City Manager is specifically authorized and directed to do each and every act
necessary to acquire the Easement Property and the Temporary Construction Easement Property
including, but not limited to, the authority to negotiate, give notices, make written offers to
purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests
to be acquired, as well as any other experts or consultants that he deems necessary for the
acquisition process and, if necessary, to institute proceedings in eminent domain.
SECTION 4.That the City Manager, or any individual he may so designate, is appointed
as negotiator for the acquisition of the Easement Property and the Temporary Construction
Easement Property, and, as such, the City Manager is authorized and directed to do each and every
act and deed hereinabove specified or authorized by reference, subject to the availability of funds
appropriated by the City Council for such purpose. That the City Manager is specifically
authorized to establish the just compensation for the acquisition of the Easement Property and the
Temporary Construction Easement Property. That, if the City Manager or his designee determines
that an agreement as to damages or compensation cannot be reached, then the City Attorney or his
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designee is hereby authorized and directed to file or cause to be filed, against the owners and
interested parties of the needed property interests, proceedings in eminent domain to acquire the
Easement Property and the Temporary Construction Easement Property.
SECTION 5. This Resolution shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 3RD OF MARCH, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Exhibit A
Depiction and/or Description
of the
Easement Property
60
5 61
6 62
7 63
8 64
9
Exhibit B
Depiction and/or Description
of the
Temporary Construction Easement Property
65
10 66
11 67
12 68
13 69
14 70
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 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).
Suggested Action:
Attachments:
71
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 3, 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).
Suggested Action:
Attachments:
72