HomeMy WebLinkAbout2020 0707CITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, JULY 7, 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, JULY 7, 2020 at CITY HALL and via VIDEO
CONFERENCE, 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 Salute to the Texas Flag
1.5 Items of Community Interest
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 Discuss Public Information Requests Quarterly Report as presented for Council review. (Council)
3.2 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 June 16, 2020. (Stewart)
4.2 Consider approving Council expenditures for the month of May 2020. (Council)
4.3 Consider approving the City of The Colony's appointment of Mayor Pro Tem John Keating from Frisco
as the primary member, and Mayor Ray Smith from Prosper as the alternate member on the Regional
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REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 07/07/2020
Page - 2
Transportation Council. (Council)
4.4 Consider approving a resolution authorizing the City Manager to issue a purchase order to Mentalix in
the amount of $6,475.00 for the purchase of a Live Scan Fingerprint Machine for Municipal Court.
(Shallenburger)
4.5 Consider approving a resolution authorizing the City Manager to execute an Interlocal License
Agreement with the North Texas Tollway Authority (NTTA) to construct, operate, repair, and maintain
public hike-and-bike trail facilities. (Morgan)
4.6 Consider approving an ordinance amending Chapter 19, Section 19-10, Subsection B of the Code of
Ordinances establishing speed limits for the frontage roads of State Highway 121 within the City of The
Colony. (Hartline)
5 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving an ordinance adopting a budget amendment in the amount of
$15,000.00 for COVID-19 related rental assistance and relief. (Perez)
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
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.
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REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 07/07/2020
Page - 3
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:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discuss Public Information Requests Quarterly Report as presented for Council review. (Council)
Suggested Action:
Attachments:
PIR Quarterly Reports.pdf
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Request # Date Rec'd Date Due Date Closed Name of Requestor Rec'd via Document Requested Department Responsible Notes Fee 2004‐01 4/1/20204/15/20205/4/2020 Sammy Rangwala O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 4/1/2020.2004‐02 4/1/20204/15/20204/1/2020 Suma Sureshchandra O Permit Information Cust Svcs2004‐03 4/1/20204/15/20204/1/2020 Paige Grass (Comedy Driving) O DSC List MC2004‐04 4/1/20204/15/20204/1/2020 Leslie Rodriguez E DSC List MC2004‐05 4/1/20204/15/20204/8/2020 Josh Tyler E DDS List MC2004‐06 4/1/20204/15/20204/1/2020 Carole Bartholomew O Permit Information Cust Svcs2004‐07 4/1/20204/15/20204/2/2020Victor Garcia ‐ Meaders & Alfaro Attorneys at Law E Incident Report PD2004‐08 4/1/20204/15/20204/1/2020 Becky Clary E Permit Log Cust Svcs2004‐09 4/1/20204/15/20206/1/2020 Marlon Medrano O Arrest Information PDNo response to the Clarification Request PD sent on 4/1/20. 2004‐10 4/2/20204/16/20204/2/2020 Matthew Berry O Code Violations List CI2004‐11 4/2/20204/16/20204/3/2020 Robin Davis ‐ HBW Inc. O Permit Information Cust Svcs2004‐12 4/2/20204/16/20204/3/2020 Chris Parrott O Permit Information Cust Svcs2004‐13 4/6/2020 4/20/2020 4/6/2020 Construction Monitor O Permit Information Cust Svcs2004‐14 4/6/2020 4/20/2020 4/8/2020 Neil Mendel O Water Rates Cust Svcs2004‐15 4/6/2020 4/20/2020 6/8/2020 Zasquia Suntay ONo response to clarification request on 4/6/20 (missing request information).5
2004‐16 4/6/2020 4/20/2020 4/16/2020 Gracie Dela Cruz O Fire Damaged Properties FD2004‐17 4/6/2020 4/20/2020 4/6/2020 Janine Rugas (BuildZoom) E Permit Information Cust Svcs2004‐18 4/6/2020 4/20/2020 4/16/2020 Jan Duron O Fire Damaged Properties FD2004‐19 4/7/2020 4/21/2020 5/7/2020 Jan Duron O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 4/7/2020.2004‐20 4/13/2020 4/27/2020 4/13/2020 Danny Reynolds E Certificates of Occupancy Cust Svcs2004‐21 4/13/2020 4/27/2020 4/13/2020 Construction Monitor O Permit Information Cust Svcs2004‐22 4/13/2020 4/27/2020 4/13/2020 Ramon Galvan P Billing Information Cust Svcs2004‐23 4/13/2020 4/27/2020 4/16/2020 Sandra Nesbitt O Fire Damaged Properties FD2004‐24 4/14/2020 4/28/2020 4/14/2020 Melissa Silva O Foundation Report Engineering2004‐25 4/14/2020 4/28/2020 4/15/2020 Macie Miller O Permit Information Cust Svcs2004‐26 4/15/2020 4/29/2020 4/15/2020National Instant Criminal Background Check System (NICS) E Court Records MC Direct request through MC2004‐27 4/15/2020 4/29/2020 5/19/2020 Frances Garcia O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 4/15/2020.2004‐28 4/15/2020 4/29/2020 4/16/2020 Andrea Edgil E Zoning Information Planning2004‐29 4/16/2020 4/29/2020 4/17/2020 Frances Garcia O Code Violations List CI2004‐30 4/16/2020 4/29/2020 4/16/2020 Frances Garcia O Fire Damaged Properties FD2004‐31 4/16/2020 4/29/2020 4/17/2020 Frances Garcia O Substandard Properties CI
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2004‐32 4/20/2020 5/4/2020 4/20/2020 Chris Parrott E Plot Plan Cust Svcs2004‐33 4/20/2020 5/4/2020 4/20/2020Danielle Perry (The Claims Center) E Utility Pole Damage Report FD Direct request through FD.2004‐34 4/20/2020 5/4/2020 4/20/2020 Ryan Autery O Permit InformationCust Svcs2004‐35 4/20/2020 5/4/2020 5/20/2020 Fort Home Buyers E Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 4/20/2020.2004‐36 4/20/2020 5/4/2020 4/20/2020 Stephen Molsberry M Building Plans Cust Svcs2004‐37 4/20/2020 5/4/20204/30/2020Colton Kryski O Red Bull Information Communications2004‐384/21/2020 5/5/2020 4/22/2020Jordan Meza E Permit Information Cust Svcs2004‐394/22/2020 5/6/2020 5/22/2020Haider, Homer E Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 4/22/2020.2004‐404/22/2020 5/6/2020 4/23/2020Hoang, Paul E Dispositions MC2004‐414/23/2020 5/7/2020 4/23/2020Karen Tennison E Utilities Deposit Refund Cust Svcs2004‐424/23/2020 5/7/2020 4/23/2020Babette Perry P Permit Information Cust Svcs2004‐434/27/2020 5/11/2020 4/27/2020Robert Hyman E Certificates of Occupancy Cust Svcs2004‐444/27/2020 5/11/2020 5/5/2020Sandra Nesbitt O Fire Damaged Properties FD2004‐454/27/2020 5/11/2020 4/27/2020Darrell Manley O Permit Information Cust Svcs2004‐464/27/2020 5/11/2020 4/29/2020Steven Gern O Accident Report PD2004‐474/28/2020 5/12/2020 4/28/2020Braden Mineer O Permit Information Cust Svcs
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2004‐484/28/2020 5/12/2020 5/28/2020Rose Ruiz O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 4/28/2020.2004‐494/29/2020 5/13/20205/5/2020 Jan Duron O Fire Damaged Properties FD2004‐504/29/2020 5/13/2020 4/29/2020Justin Peach (Colin County Medical Examiners) E Patient Care Record FD Direct request through FD.KEYRequest No.: Month, Date, sequential numberManner Received: P = In Person, E = Email, F = Fax, M = Mail, O = OnlineYellow: Requests Pending >10 days (See Notes)Blue: Request completed after 10 business days8
Request # Date Rec'd Date Due Date Closed Name of Requestor Rec'd via Document Requested Department Responsible Notes Fee 2005‐01 5/1/20205/15/20205/1/2020 Leslie Rodriguez E DSC List MC2005‐02 5/1/20205/15/20205/1/2020 Paige Grass (Comedy Driving) O DSC List MC2005‐03 5/1/20205/15/20205/4/2020 Carole Bartholomew O Permit Information Cust Svcs2005‐04 5/1/20205/15/20205/4/2020 Jean Woolf O New Cell Tower Information Cust Svcs2005‐05 5/4/20205/18/20205/4/2020 Robin Davis ‐ HBW Inc. O Permit Information Cust Svcs2005‐06 5/4/20205/18/20206/4/2020 Sammy Rangwala O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 5/4/2020.2005‐07 5/4/20205/18/20205/7/2020 Gustavo Carbajal E Citation Inforamtion PD/MC2005‐08 5/4/20205/18/20206/4/2020 Jan Duron O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 5/4/2020.2005‐09 5/5/20205/19/20205/11/2020 Jan Duron O Fire Damaged Properties FD2005‐10 5/5/20205/19/20206/5/2020 Isaac Stallworth E Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 5/5/2020.2005‐11 5/5/20205/19/20205/5/2020 Gracie Dela Cruz O Fire Damaged Properties FD2005‐12 5/5/20205/19/20205/19/2020 Chris Parrott E Plat InformationCust Svcs/Bldg Ins2005‐13 5/5/20205/19/2020Cherise Orsino O Police Reports PD/MC5/18/20 ‐ Submitted to City Attorney for AGs opinion.2005‐14 5/5/20205/19/20205/5/2020 Braden Mineer O Permit Information Cust Svcs
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2005‐15 5/5/20205/19/20205/5/2020 Brady Lance O Employee File HR2005‐16 5/5/20205/19/20205/18/2020 Cherise Orsino O Police Reports PD/MC2005‐17 5/5/20205/19/20205/6/2020 Jeremy Fulton O Call Sheet Records FD Direct request through PD/FD.2005‐18 5/6/2020 5/20/2020 5/6/2020 Suma Sureshchandra O Permit Information Cust Svcs2005‐19 5/6/2020 5/20/2020 5/7/2020 Janine Rugas (BuildZoom) E Permit Information Cust Svcs2005‐20 5/7/2020 5/21/2020 5/8/2020 Paul Hampel O Offense Report PD/MC2005‐21 5/7/2020 5/21/2020 6/8/2020 Blair Brown E Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 5/7/2020.2005‐22 5/7/2020 5/21/2020 5/11/2020 Suntay Zasquia E Fire Damaged Properties FD2005‐23 5/7/2020 5/21/2020 5/15/2020 Josh Tyler E DDS List MC2005‐24 5/11/2020 5/25/2020 5/11/2020 Woodrow Overton O Personnel File CS Directly handled via CS.2005‐25 5/11/2020 5/25/2020 5/19/2020 Sandra Nesbitt O Fire Damaged Properties FD2005‐26 5/12/2020 5/26/2020 5/12/2020 Braden Mineer O Permit Information Cust Svcs2005‐27 5/12/2020 5/26/2020 5/12/2020 Chris Parrott O Permit Information Cust Svcs2005‐28 5/12/2020 5/26/2020 5/13/2020 Mia Figueroa O Charges Dismissed Paperwork MC2005‐29 5/13/2020 5/27/2020 6/15/2020 Grace Parcon O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 5/13/2020.2005‐30 5/13/2020 5/27/2020 5/13/2020 Jasmine Jones O Deposition Records MC
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2005‐31 5/13/2020 5/27/2020 5/13/2020 Ryan Autery O Permit Information Cust Svcs2005‐32 5/13/2020 5/27/2020 5/14/2020 William Richardson O Permit Information Cust Svcs2005‐33 5/14/2020 5/28/2020 6/15/2020 Sam Capistrano O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 5/14/2020.2005‐34 5/14/2020 5/28/2020 5/18/2020 Diane Snyder O Certificate of Occupancy Cust Svcs2005‐35 5/15/2020 5/29/2020 5/20/2020 Ross Law Offices O Deposition Records MC2005‐36 5/15/2020 5/29/2020 5/26/2020 RaMona Davis O Inspection Information Cust Svcs/CI2005‐37 5/15/2020 5/29/2020 6/15/2020 Homer Haider O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 5/15/2020.2005‐385/18/20206/1/2020 5/19/2020 Jan Duron O Fire Damaged Properties FD2005‐395/18/2020 6/1/2020 6/18/2020Rose Ruiz O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 5/18/2020.2005‐405/19/2020 6/2/2020 5/21/2020Braden Mineer O Permit Information Cust Svcs2005‐415/19/2020 6/2/2020 5/29/2020Sarah Rowland (Defense Lawyer) F Warrant Information PD Direct request through MC fax.2005‐425/19/2020 6/3/2020 5/19/2020Angela Heilman O Lien Information CS2005‐435/19/2020 6/3/2020 5/22/2020Stan Randall E Employee Information HR2005‐445/19/2020 6/3/2020 5/29/2020Nga Pham O Dog Report Animal Svcs Direct Request through PD.2005‐455/20/2020 6/4/2020 5/20/2020Brian Nebel O Construction DrawingsCust Svcs/Bldg Ins2005‐465/20/2020 6/4/2020 5/20/2020Daniel Windham O Citation Information MC
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2005‐475/20/2020 6/4/2020 5/21/2020Isaac Stallworth O Substandard Properties CI2005‐485/20/2020 6/4/2020 5/28/2020Joshua Abrams O Citation Inforamtion MC2005‐495/21/2020 6/5/2020 5/28/2020David Kotschenreuther (Tx Dept. of Licensing) E Permit Information Cust Svcs2005‐505/21/2020 6/5/2020 5/21/2020Luke Wiler O Citation Inforamtion MC2005‐515/21/2020 6/5/2020 5/22/2020Jennifer Henry O Furlough Information HR2005‐525/26/2020 6/9/2020 5/26/2020Glenn Winningham O DSC List MC2005‐535/26/2020 6/9/2020 6/8/2020Sandra Nesbitt O Fire Damaged Properties FD2005‐545/26/2020 6/9/2020 5/26/2020Lui Barkkume O Construction DrawingsCust Svcs/Bldg Ins2005‐555/26/2020 6/9/2020 5/26/2020Braden Mineer O Permit Information Cust Svcs2005‐565/26/2020 6/9/2020 5/28/2020Fugo Services O Tax Information Finance2005‐575/26/2020 6/9/2020 5/28/2020Jean Woolf O New Cell Tower Information Cust Svcs2005‐585/27/2020 6/10/2020 5/28/2020Robert Hyman E Permit Information Cust Svcs2005‐595/29/2020 6/12/2020 6/1/2020Scott Keith O Permit Information Cust Svcs2005‐605/29/2020 6/12/2020 6/8/2020Mayra Navarro E Business License Info Cust SvcsKEYRequest No.: Month, Date, sequential numberManner Received: P = In Person, E = Email, F = Fax, M = Mail, O = OnlineYellow: Requests Pending >10 days (See Notes)Blue: Request completed after 10 business days
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Request # Date Rec'd Date Due Date Closed Name of Requestor Rec'd via Document Requested Department Responsible Notes Fee 2006‐01 6/1/20206/15/20206/4/2020 Alyssa Jimenez (DFPS) E Call Logs & Reports PD2006‐02 6/1/20206/15/20206/1/2020 Michele Mandell (District Investments) E PID InformationGeneral Admin2006‐03 6/1/20206/15/20206/1/2020 Paige Grass (Comedy Driving) O DSC List MC2006‐04 6/1/20206/15/20206/1/2020 Leslie Rodriguez E DSC List MC2006‐05 6/1/20206/15/20206/1/2020 Carole Bartholomew O Permit Information Cust Svcs2006‐06 6/1/20206/15/20206/9/2020 Isaac Stallworth O Substandard Properties CI2006‐07 6/2/20206/16/20206/8/2020 Jan Duron O Fire Damaged Properties FD2006‐08 6/2/20206/16/2020Suma Sureshchandra O6/2/20 ‐ Requested Clarification (missing request information)2006‐09 6/2/20206/16/20206/2/2020 Robin Davis ‐ HBW Inc. O Permit Information Cust Svcs2006‐10 6/2/20206/16/20207/2/2020 Jan Duron O Water Shut Off List Cust SvcsNo response to 30 Day Letter. Sent 6/2/2020.2006‐11 6/2/20206/16/20206/2/2020 Braden Mineer O Permit Information Cust Svcs2006‐12 6/2/20206/16/20206/9/2020 Troy Evans O Construction Drawings Building Insp.2006‐13 6/2/20206/16/2020Charles Draughon O Police & Ambulance Reports FD/PD6/16/20 ‐ Submitted by PD to City Attorney for AGs opinion.2006‐14 6/2/20206/16/20206/9/2020 Josh Tyler E May DDS ‐ 3 Report MC2006‐15 6/2/20206/16/20206/3/2020 Chris Parrott O Permit Information Cust Svcs
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2006‐16 6/3/2020 6/17/2020 6/3/2020 Stacy Kennedy E Payment Receipt Cust Svcs Directly handled via Molly2006‐17 6/3/2020 6/17/2020 6/10/2020 Glenn Winningham O DSC List MC2006‐18 6/4/2020 6/18/2020 6/8/2020 Veronica Flores O Fire Damaged Properties FD2006‐19 6/4/2020 6/18/2020 Veronica Flores O Water Shut Off List Cust Svcs 6/4/20‐sent 30 day letter2006‐20 6/4/2020 6/18/2020 6/4/2020 Raj Abhyanker E Citizen Input Inquries/Emails CS Directly handled via CS2006‐21 6/5/2020 6/19/2020 6/8/2020 Sara Martinez O Work Order Information Cust Svcs2006‐22 6/8/2020 6/22/2020 6/11/2020 Michael Sommerfeld O Police Incident Information PD2006‐23 6/8/2020 6/22/2020 6/8/2020 Zasquia Suntay E Fire Damaged Properties FD2006‐24 6/8/2020 6/22/2020 6/8/2020 Suma Sureshchandra O Permit Information Cust Svcs2006‐25 6/8/2020 6/22/2020 6/8/2020 Gracie Dela Cruz O Fire Damaged Properties FD2006‐26 6/9/2020 6/23/2020 6/9/2020 Braden Mineer O Permit Information Cust Svcs2006‐27 6/9/2020 6/23/2020 6/10/2020 Janine Rugas (BuildZoom) O Permit Information Cust Svcs2006‐28 6/9/2020 6/23/2020 6/10/2020 Kathleen Gomez O Ambulance ReportFD2006‐29 6/10/2020 6/24/2020 6/19/2020 Karan Trivedi E Criminal Trespassing PD/MC2006‐30 6/10/2020 6/24/2020 6/11/2020 Jan Duron O Code Violations ListCI2006‐31 6/11/2020 6/25/2020 Alexandra Stokes O Water Shut Off List Cust Svcs 6/11/20‐sent 30 day letter
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2006‐32 6/15/2020 6/29/2020 6/16/2020 William Richardson O Permit Information Cust Svcs2006‐33 6/15/2020 6/29/2020 6/16/2020 Aleksandr Shivanov O Liquor Violation Information MC2006‐34 6/16/2020 6/30/2020 6/26/2020 Rolonda Olaleye O PD Policies PD2006‐35 6/16/2020 6/30/2020 6/16/2020 Braden Mineer O Permit Information Cust Svcs2006‐36 6/16/2020 6/30/2020 6/17/2020 Darlene Griffin O Accident Report PD2006‐37 6/16/2020 6/30/20206/23/2020Jan Duron O Fire Damaged Properties FD2006‐38 6/16/2020 6/30/20206/17/2020Daniel Reynolds O Certificate of Occupancy Cust Svcs2006‐39 6/16/2020 6/30/2020 Rachel Chesnut O PD Policies PD6/23/20 ‐ PD sent a Cost Estimate Letter. Expires 7/8/20. 2006‐40 6/16/2020 6/30/20206/17/2020Joseph DeLeon E Golf Cart information PD2006‐416/17/2020 7/1/2020 6/22/2020Pattie Huestis O Permit Information Cust Svcs2006‐426/17/2020 7/1/2020Homer Haider O Water Shut Off List Cust Svcs 6/17/20‐sent 30 day letter2006‐436/17/2020 7/1/2020 6/24/2020Maria Estela Reyes O Water Bill Information Cust Svcs6/22/20 ‐ Clarification Requested via C.S.2006‐446/17/2020 7/1/2020 6/30/2020Robin Rozzell O Dog Bite Report Animal Svcs2006‐456/18/2020 7/2/2020 6/18/2020Kim Pruitt (Frisco PD) E Patient Care Report FD Direct request through FD2006‐466/18/2020 7/2/2020 6/18/2020Christopher Noll (Colin County Medical Examiners) E Patient Care Record FD Direct request through FD.2006‐476/9/2020 6/23/2020 6/19/2020Christi Martin EPhotos and Commentary from Protest/March Event at Five Star CS
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2006‐486/22/2020 7/7/2020 6/22/2020Ryan Autery O Certificate of Occupancy Cust Svcs2006‐496/22/2020 7/7/2020 6/30/2020Eric Chung (SmartProcure) E Purchasing Records Finance2006‐506/22/2020 7/7/2020 6/25/2020Marcel Desobeau E Engineering Dept Complaint Engineering2006‐516/22/2020 7/7/2020 6/22/2020Gretchen Cox OCoVid Personal Protection related expenses Brett Beene2006‐526/23/2020 7/8/2020 6/23/2020Braden Mineer O Permit Information Cust Svcs2006‐536/23/2020 7/8/2020 6/23/2020Sandra Nwsbitt O Fire Damaged Properties FD2006‐546/23/2020 7/8/2020 6/23/2020Justin Peach (Colin County Medical Examiners) E Patient Care Record FD Direct request through FD.2006‐556/23/2020 7/8/2020 6/23/2020Justin Peach (Colin County Medical Examiners) E Fire Dept. Report FD Direct request through FD.2006‐566/24/2020 7/9/2020Sammy Rangwala E Water Shut Off List Cust Svcs 6/24/2020‐sent 30 day letter2006‐576/24/2020 7/9/2020 6/24/2020Sammy Rangwala E Code Violations List CI2006‐586/24/2020 7/9/2020 6/25/2020Alexandria Siebenaler E Construction Drawings Cust Svcs2006‐596/24/2020 7/9/2020Watkins Investigations LLC ECertified Copies of Citation #06054257 MC2006‐606/24/2020 7/9/2020 6/25/2020Jimmi Vu E Payment History for home Cust Svcs2006‐616/26/2020 7/13/2020 6/29/2020Ben Cooley O Water Payment History Cust Svcs2006‐626/29/2020 7/14/2020 6/29/2020Jean Woolf O New Cell Tower Information Cust Svcs2006‐636/30/2020 7/15/2020 6/30/2020Michael Kimmell O Construction DrawingsCust Svcs/Bldg Ins16
2006‐646/30/2020 7/15/2020 6/30/2020Braden Mineer O Permit Information Cust Svcs2006‐656/30/2020 7/15/2020Jason Carroll O Deposition Records MCKEYRequest No.: Month, Date, sequential numberManner Received: P = In Person, E = Email, F = Fax, M = Mail, O = OnlineYellow: Requests Pending >10 days (See Notes)Blue: Request completed after 10 business days
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
18
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for June 16, 2020. (Stewart)
Suggested Action:
Attachments:
June 16, 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
JUNE 16, 2020
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:32 p.m. on the 16
th day of June 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 Cal to Order
Mayor McCourry called the meeting to order at 6:32 p.m.
1.2 Invocation
Pastor Lance Otey of First 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 Items of Community Interest
Mayor reported that the city was having technical difficulties with the audio system.
Tonight's video was unable to be viewed on Spectrum Charter Communication or
on the city's website. The link to tonight’s meeting will be available online
following the meeting.
2.0 CITIZEN INPUT
Perry Schrag, 4308 Cape Cod, The Colony, Texas, 75056, spoke concerning COVID-19
and the recent rally with regard to Black Lives Matter Human Rights Movement held in
The Colony. Mr. Schrag rendered his support of police all across the country.
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City Council – Regular Meeting Agenda
June 16, 2020
Page| 2
3.0 WORK SESSION
3.1 Discussion on the CARES Act funding allocation for The Colony.
City Manager, Troy Powell, provided a brief report on this item. Mr. Powell stated
the city received funding from Denton County as a resource to aid against the
harmful effects of the COVID-19 pandemic. The city will accept the full amount and
distribute the funds based upon the needs of the city.
Council provided discussion on this item.
3.2 Discuss and provide direction to staff regarding the 2020 American Heroes Event.
Director of Government Relations, Brant Shallenburger, presented this item to
Council. Mr. Shallenburger provided options regarding the American Heroes
event: 1.) cancel the event, 2.) hold a bigger fireworks show, 3.) host a one-day
event, and 4.) a two-day event. After further discussion, Mr. Shallenburger stated
that research showed a decrease in profits when this event is held on
Thursday. Staff recommends moving forward in holding the carnival on Friday,
Saturday and Sunday. In addition, Mr. Shallenburger noted discussion for
entertainment is under way with Ian Vaughn from Lava Cantina that an option to
attain event insurance should unexpected circumstances arise.
Council provided discussion on this item and recommended staff to add a fifth
option to the event. Staff to move forward with a one-day event without a carnival,
and to include food vendors and entertainment for that evening.
3.3 Discuss and provide direction to staff regarding the resumption of meetings for the
Board of Adjustments and Sign Board of Appeals.
City Manager, Troy Powell, briefed council on this item. Mr. Powell stated the city
would begin conducting board meetings in person and via videoconference.
Senior Planner, Isaac Williams, reported on this item. Mayor recommended staff
to move forward on this item with options for attendees to participate in person or
remotely.
3.4 Council to provide direction to staff regarding future agenda items.
None
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City Council – Regular Meeting Agenda
June 16, 2020
Page| 3
4.0 CONSENT AGENDA
Motion to approveall items from the Consent Agenda-Mikulec; second by Wade, motion carried
with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for June 2,
2020.
4.2 Consider approving a resolution approving a Trail Easement with Jackson Shaw,
concerning a 0.0703 acre of land in the B.B.B. & C.R.R. Co. Survey, Abstract No.
174, City of The Colony, Denton County, Texas.
RESOLUTION NO. 2020-029
4.3 Consider approving a resolution authorizing the City Manager to execute an
Engineering Contract Amendment #2 in the amount of $52,300.00 with Halff
Associates, Inc. for the Phase 2 Austin Ranch Force Main Project.
RESOLUTION NO. 2020-030
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving any actions necessary to comply with the CARES
Act Funding.
No action required due to no discussion per Mayor McCourry.
6.0 EXECUTIVE SESSION
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, and related
agreement with Lonzar Delaware, Inc., a Delaware corporation.
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).
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City Council – Regular Meeting Agenda
June 16, 2020
Page| 4
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.
B. Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s).
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:23 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC
City Secretary
23
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for the month of May 2020. (Council)
Suggested Action:
Attachments:
Council Expenditures for May 2020.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Consider approving the City of The Colony's appointment of Mayor Pro Tem John Keating from Frisco as the
primary member, and Mayor Ray Smith from Prosper as the alternate member on the Regional Transportation
Council. (Council)
Suggested Action:
Attachments:
RTC Member Designation - The Colony.pdf
46
47
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Tina Stewart
Submitting Department: Municipal Court
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Mentalix in the
amount of $6,475.00 for the purchase of a Live Scan Fingerprint Machine for Municipal Court. (Shallenburger)
Suggested Action:
The purchase/need for the fingerprint machine is to be in compliance with HB1528 Assault – Family Violence
violations that went into affect this last legislative session.
Attachments:
The Colony Court Micro Live Scan Proposal.pdf
Res. 2020-xxx Court Mentalix Purchase Order.docx
48
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 -_______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MENTALIX, INC.,
FOR THE PURCHASE OF A LIVE SCAN FINGERPRINT MACHINE FOR THE
MUNICIPAL COURT; AND PROVIDING AN EFFECTIVE DATE.
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 authorizes the
City Manager to issue a purchase order to Mentalix Inc., in the amount of $6,475.00.
Section 2. That the City Manager or his designee authorized to issue said purchase order.
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 7th day of July 2020.
________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
________________________________
Jeff Moore, City Attorney
55
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Eve Morgan
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an Interlocal License Agreement with
the North Texas Tollway Authority (NTTA) to construct, operate, repair, and maintain public hike-and-bike trail
facilities. (Morgan)
Suggested Action:
Attachments:
The Colony - NTTA Interlocal License Agreement - NTTA 6-24-20.pdf
Res. 2020-xxx Interlocal License Agreement with NTTA.doc
56
INTERLOCAL LICENSE AGREEMENT
This INTERLOCAL LICENSE AGREEMENT (“Agreement”) is made and entered into by
and between the NORTH TEXAS TOLLWAY AUTHORITY, a regional tollway authority and a
political subdivision of the State of Texas (“NTTA”), and the CITY OF THE COLONY, TEXAS, a
home-rule municipality (“The Colony”), on the terms and conditions set forth herein to be effective
as of the Effective Date (as defined on the signature page of this Agreement). NTTA and The Colony
are sometimes referred to collectively as the “parties” or individually as a “party.”
RECITALS
WHEREAS, under the authority of Chapter 366 of the Texas Transportation Code, as
amended, known as the Regional Tollway Authority Act, NTTA owns, operates, and maintains
turnpike projects and turnpike systems in North Texas, including the Sam Rayburn Tollway (“SRT”)
located within the city limits of The Colony; and
WHEREAS, Section 366.033(f) of the Regional Tollway Authority Act authorizes NTTA
to make portions of its property available for use by others in furtherance of its powers under the
Regional Tollway Authority Act; and
WHEREAS, NTTA is the sole owner of that certain portion of the SRT located between
Grandscape Boulevard and West Spring Creek Parkway in The Colony, Texas, as depicted in Exhibit
A, attached hereto and incorporated herein for all purposes (“Licensed Property”); and
WHEREAS, The Colony desires to enter onto and use the Licensed Property to construct,
operate, repair, and maintain public hike-and-bike trail facilities, together with all incidental
improvements and all necessary appurtenances thereto, as set forth in plans and specifications
submitted to NTTA, including, without limitation, any retaining walls, steel railings, landscape
elements, gabion mattresses, and any other items related to the construction of the trail on the
Licensed Property (collectively, the “Trail Improvements”); and
WHEREAS, NTTA desires to grant The Colony a non-exclusive license to construct, operate,
repair, maintain, and permit the public to use the Trail Improvements at The Colony’s sole cost and
expense on the Licensed Property on the terms and conditions set forth below (the “Permitted Uses”);
and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code,
as amended, authorizes local governmental entities, such as NTTA and The Colony, to contract
with one another to perform governmental functions and services; and
WHEREAS, the parties have investigated and determined that it is their mutual best interest
to enter into this Agreement for the provision of governmental functions and services as described
herein.
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Interlocal License Agree ment Between The Colony and NTTA Page 2
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, NTTA and The Colony agree as follows:
ARTICLE 1 – LICENSE
1.1 Grant of License. NTTA hereby grants The Colony a non-exclusive license for
the Permitted Uses on the Licensed Property during the Term of this Agreement in accordance with
the terms and conditions of this Agreement. The Colony’s right to enter on and use the Licensed
Property shall be limited solely to the Permitted Uses and none other.
1.2 Non-Exclusive License. This License is non-exclusive and is subject to any and
all rights and interests of third parties affecting the Licensed Property or the Permitted Uses,
including, but not limited to, rights under: (a) any utility, drainage, communication, or other public
easement located in, on, or under the Licensed Property that exists and is shown of record in the
Denton County Deed Records as of the Effective Date; and (b) any lease, license, or other property
interest in the Licensed Property as of the Effective Date. Notwithstanding anything to the contrary
herein, during the Term, NTTA shall not convey any other license, easement, or conflicting rights
within the Licensed Property which materially and unreasonably interferes with The Colony’s
rights granted herein; provided, however, The Colony expressly acknowledges and agrees that all
rights granted to The Colony under this Agreement are inferior and subordinate to NTTA’s rights
to use of the Licensed Property as NTTA in its sole and absolute discretion determines to be
necessary, useful, or advisable for the construction, reconstruction, widening, improvement,
operation, and/or maintenance of the SRT or to carry out any other powers granted to NTTA under
law. If NTTA determines that the removal of or modification to all or any portion of the Trail
Improvements are necessary to allow NTTA to carry out any of the foregoing rights, The Colony
agrees to complete such removal or modification as required by NTTA at The Colony’s sole
expense. NTTA agrees to provide The Colony with as much advance notice of a need to remove
or modify the Trail Improvements as is reasonably feasible under the circumstances, and NTTA
agrees to consult and cooperate with The Colony to attempt to minimize the adverse effect to the
Trail Improvements.
1.3 Governmental Approvals. The Colony, at its sole cost and expense, shall be
responsible for and shall obtain any and all licenses, permits or other approvals from any and all
governmental agencies, federal, state, or local, required to carry on any of the Permitted Uses.
ARTICLE 2 – TRAIL CONSTRUCTION AND MAINTENANCE
2.1 Trail Design and Construction. The Colony has designed, at The Colony’s sole
cost and expense, the Trail Improvements and has submitted to NTTA the designs, plans, and
specifications for the Trail Improvements. NTTA has approved the plans that describe the Project
as set forth on the general project layout sheet (the “Plans”). The Colony shall construct the Trail
Improvements at its sole cost and expense in accordance with the Plans, and any revisions thereto
must first be approved by NTTA.
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Interlocal License Agree ment Between The Colony and NTTA Page 3
(a) Temporary Construction-Access License. NTTA hereby grants The Colony a
temporary access license across NTTA’s property other than the Licensed Property to provide The
Colony and its contractor(s) access to the Licensed Property to construct the Trail Improvements.
The areas subject to the temporary access license are shown on Exhibit A, attached hereto and
incorporated herein for all purposes. Except as otherwise provided in this subsection, The Colony’s
right to use such temporary access license will be on same terms and conditions as are set forth in
this Agreement regarding the use of the Licensed Property. No persons other than The Colony and
its contractors and subcontractors may use the areas covered by the temporary access license to
access the Licensed Area. The temporary access license may be terminated by NTTA at any time
and will terminate without the need for further action as soon as The Colony’s need to access the
Licensed Property across other NTTA property ceases and in all events upon completion of the
Trail Improvements.
2.2 Operations and Maintenance.
(a) Prohibited Activities. During and after completion of construction of the Trail
Improvements, The Colony shall not damage any existing improvements, equipment, and
vegetation on or about the Licensed Property except as expressly specified in the Plans, and The
Colony shall not damage any other NTTA property in the general vicinity of the Licensed Property
that is used in connection with the operation or maintenance of SRT (collectively, “SRT
Property”). The Colony shall prohibit the following activities on the Licensed Property and shall
not permit persons accessing the SRT Property from the Trail Improvements to engage in such
activities on the SRT Property: using motorized vehicles, equipment, or machinery (ex cept during
construction or maintenance activities engaged in by The Colony or its employees or contractors
acting in such capacities); using, storing, or transporting flammable or explosive materials,
including, but not limited to, gasoline, kerosene, or propane (except during construction or
maintenance activities engaged in by The Colony or its employees or contractors acting in such
capacities); starting or maintaining fires; burning trash; sleeping or camping; cooking; defacing or
placing graffiti on SRT structures; dumping trash or other refuse; dumping motor vehicles or
portions thereof, including, but not limited to, tires and automotive fluids; dumping or spilling any
hazardous material, toxic waste, or other substance or material potentially injurious to health,
safety, or welfare; removing soil, rock, or any other materials (except during construction or
maintenance activities engaged in by The Colony or its employees or contractors acting in such
capacities); or conducting any other activities that could be anticipated to damage or destroy SRT
structures or interfere with the safe and efficient operation of SRT. The license granted to The
Colony under this Agreement extends beyond the Licensed Property to the entire SRT Property to
the extent reasonably necessary to allow The Colony to carry out its obligations under this Section
2.2; however, to the extent reasonably possible under the circumstances, The Colony will notify
and obtain NTTA’s approval before entering the SRT Property for the purposes set forth in this
Section 2.2, but such consent will not be required if obtaining consent in any particular
circumstance will materially prevent The Colony from carrying out its obligations under this
Section 2.2. Without “waiver of” or “waiving” any governmental immunity to which it is entitled
with respect to claims of third parties, The Colony and NTTA agree that as between the two of
them, The Colony, at its sole cost and expense, shall be responsible for all claims, costs, liability,
and damage caused by The Colony’s use of the Licensed Property or resulting from its failure to
comply with this Section 2.2(a) (“The Colony Damages”); provided, however, The Colony
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Interlocal License Agree ment Between The Colony and NTTA Page 4
Damages shall not include, and The Colony shall not be responsible for, any claims, costs, liability,
and damage to the extent caused by NTTA or its employees or contractors acting in such capacities.
The Colony acknowledges and agrees that its obligations under this Section 2.2(a) constitute
material consideration for NTTA’s agreement to grant the license and enter into the other
agreements set forth in this Agreement and will survive the termination of this Agreement. This
Section 2.2(a) survives the termination of this Agreement.
(b) Maintenance and Repairs. The Colony shall be wholly responsible for maintaining
the Trail Improvements in good and safe condition and repair on the Licensed Property during the
Term. Upon The Colony’s written request, NTTA will grant The Colony temporary access licenses
across NTTA’s property to provide access to the Licensed Property to carry out maintenance and
repairs of the Trail Improvements. Such licenses will be applicable to property expressly
designated by NTTA in the licenses and will be granted on the same terms and conditions as are
set forth in this Agreement regarding the use of the Licensed Property, together with any additional
terms and conditions expressly provided in each such license. The Colony acknowledges and
agrees that its obligations under this Section 2.2(b) constitute material consideration for NTTA’s
agreement to grant the license and enter into the other agreements set forth in this Agreement.
2.3 Clean-Up. Upon termination of this Agreement and in addition to The Colony’s
obligations set forth in Section 2.2 above, The Colony shall remove from the Licensed Property
all Trail Improvements and restore the Licensed Property to its condition prior to the Trail
Improvements being placed thereon. In the event of (a) The Colony’s failure to remove the Trail
Improvements and restore the Licensed Property as described above within six months after the
termination of this Agreement in accordance with this Section 2.3 or (b) an Emergency (as defined
in Section 3.3) requiring more immediate removal of some or all Trail Improvements, NTTA may,
in its sole discretion, remove and dispose of the same without any liability whatsoever to The
Colony, and The Colony shall promptly reimburse NTTA upon request for all costs of removal
and restoration incurred by NTTA. This Section 2.3 shall survive the t ermination of this
Agreement.
2.4 No Alterations. The Colony shall not make, nor allow to be made, any alterations
of any kind to the Licensed Property, except as provided herein and except as otherwise approved
in writing by NTTA. The Colony shall not injure or damage in any manner the Licensed Property
or any SRT Property and shall not cause or permit anything to be done whereby the Licensed
Property or any SRT Property shall be in any manner injured or damaged, except as provided
herein and except as otherwise approved in writing by NTTA.
ARTICLE 3 – TERM AND TERMINATION
3.1 Term. The Colony’s right to enter onto and use the Licensed Property under this
Agreement shall commence on the Effective Date and shall expire upon termination of this
Agreement as provided herein (such period between the Effective Date and termination of this
Agreement, the “Term”).
3.2 Termination on Default. Each party shall have the right to terminate this
Agreement if the other party fails to perform its obligations under this Agreement, and such failure
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Interlocal License Agree ment Between The Colony and NTTA Page 5
is not cured within 90 days after the defaulting party receives written notice of such failure from
the non-defaulting party; if such failure cannot reasonably be cured within such 90-day period, the
cure period shall be extended as reasonably necessary to cure the default, provided that the
defaulting party commences to cure such default within such 90-day period and diligently pursues
such cure to completion.
3.3 Termination for Necessity; Temporary Closure.
(a) Termination for Necessity. Notwithstanding the foregoing, either party shall have
the right to terminate this Agreement by providing notice of termination to the other if the
terminating party determines, in its sole discretion, that termination of the Agreement is necessary
to serve that party’s interests.
(b) Temporary Closure. In the event of an Emergency, in lieu of terminating this
Agreement, NTTA may, in its sole discretion, notify The Colony that NTTA requires the
temporary closure to the public of the Licensed Property and temporary termination of the use of
the Trail Improvements for such time as NTTA reasonably determines to be necessary or advisable
to prevent or mitigate the Emergency. If NTTA requires a temporary closure under this section,
The Colony agrees to carry out such temporary closure until NTTA notifies The Colony that the
closure is no longer required. For the purposes of this Section 3.3, an “Emergency” shall mean an
imminent or reasonably foreseeable threat of harm to persons or property or the safe and efficient
operation of SRT, including, but not limited to, toll collections, resulting from the Permitted Uses
or Trail Improvements or conditions on SRT or elsewhere on the SRT Property.
3.4 Surrender. On termination of this Agreement, The Colony shall surrender its
license to use the Licensed Property and fulfill its repair, restoration, and clean -up obligations in
accordance with the terms and conditions of this Agreement.
3.5 Holding Over. If The Colony fails to surrender its use of the Licensed Property
upon termination of this Agreement, NTTA may deem the such use of the Licensed Property to be
a trespass, and NTTA will be entitled to any and all remedies arising at law, in equity, or under
this Agreement with respect to such failure to surrender the use of the Licensed Property.
ARTICLE 4 – COMPLIANCE WITH LAWS
4.1 Compliance with Laws. The Colony shall, in connection with The Colony’s
activities on or about the Licensed Property, comply with, and shall cause its employees,
contractors, and agents to comply with, all applicable laws, rules, codes, regulations, and
ordinances, as they exist, may be amended, or in the future arise, relating to The Colony’s use of
the Licensed Property.
4.2 Hazardous Materials. In the event that any hazardous material, toxic waste, or
other substance or material potentially injurious to health, safety, or welfare is spilled, deposited,
placed, or dumped on the Licensed Property in connection with The Colony’s use of the Licensed
Property for the Permitted Uses, The Colony shall promptly notify NTTA of the nature and extent
of such event and shall, in accordance with this Agreement, promptly remedy the condition in full
compliance with all applicable law.
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Interlocal License Agree ment Between The Colony and NTTA Page 6
ARTICLE 5 – LIABILITY
5.1 Liability. NTTA shall not be liable or responsible for operating, maintaining, or
improving the Trail Improvements on the Licensed Property. NTTA shall not be liable or
responsible for any damage or injury to persons or property as a result of the use o f the Licensed
Property for the Permitted Uses by The Colony or the general public except to the extent such
damage or injury is caused by the grossly negligent or intentional act or omission of NTTA. To
the extent permitted by applicable law, and without “waiver of” or “waiving” any governmental
immunity to which it is entitled with respect to claims of third parties, The Colony agrees to
reimburse NTTA for any and all costs incurred by NTTA in connection with any claims made
against NTTA arising from damage or loss to persons or property (including death) from the use
of the Trail Improvements, except to the extent such damage or loss is caused by the grossly
negligent act or omission of NTTA. The foregoing provisions are valid only to the extent permitted
by the laws and Constitution of the State of Texas, particularly Section 7 of Article XI of the Texas
Constitution. This Section 5.1 shall survive the termination of this Agreement.
5.2 Disclaimer. The Colony acknowledges and agrees that NTTA is not providing any
guarantee, representation, or warranty, and NTTA hereby disclaims any guarantee, representation,
or warranty of the condition or suitability of the Licensed Property, in whole or in part, for the
Permitted Uses, and that The Colony is occup ying the Licensed Property “AS IS” with all faults,
including, but not limited to, any and all pollutants, asbestos, and/or any other hazardous materials
that may be present in, on, or under the Licensed Property. The Colony acknowledges and agrees
that it has fully exercised the right to inspect the Licensed Property for any defects as to the
suitability of such property for the Permitted Uses. The provisions of this Section 5.2 shall survive
the termination of this Agreement.
ARTICLE 6 – INSURANCE
6.1 The Colony’s Insurance Requirements. The Colony shall not enter onto or use the
Licensed Property until The Colony has obtained, at The Colony’s sole cost and expense, all of
the insurance (or self-insurance equivalent) required hereunder. For so long as The Colony uses
the Licensed Property, The Colony shall procure and maintain General Liability insurance for
personal injury (including death) and property damage with a minimum of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, or self-
insurance equivalent, in which event, at any time NTTA makes a request under this Agreement,
The Colony will provide NTTA with satisfactory evidence that The Colony’s self -insurance
reserves meet the foregoing insurance requirements. Any contractor of The Colony shall be
required to carry the same insurance as The Colony. The Colony shall deliver to NTTA certificate(s)
of insurance evidencing the requirements set forth herein.
(a) All insurance and certificate(s) of insurance shall contain the following provisions:
(i) Name NTTA as an additional insured as to all applicable coverage.
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Interlocal License Agree ment Between The Colony and NTTA Page 7
(ii) Provide for at least thirty (30) days prior written notice to NTTA for any
cancellation, non-renewal, or material change of the insurance on the face
of the certificate(s).
(iii) Provide for a waiver of subrogation against NTTA for injuries, including
death, property damage, or any other loss to the extent the same is covered
by the proceeds of insurance.
ARTICLE 7 – NOTICE
7.1 Notices. Any notice provided or permitted to be given under this Agreement must
be in writing and may be served by depositing the same in the United States Mail, addressed to the
party to be notified, postage pre-paid, and registered or certified with return receipt requested; by
facsimile; by electronic mail, with documentation evidencing the addressee’s receipt thereof; or
by delivering the same in person to such party a via hand-delivery service, or to any courier service
that provides a return receipt showing the date of actual delivery of the same to the addressee
thereof. Notice given in accordance herewith shall be effective on receipt at the address of the
addressee. For purposes of notification, the addresses of the parties shall be as follows:
If to The Colony:
City of The Colony
ATTN: Troy C. Powell, City Manager
6800 Main Street
The Colony, Texas 75056
Telephone: (972) 624-3102
If to NTTA by hand delivery or air courier:
North Texas Tollway Authority
Attn: Executive Director
5900 W. Plano Parkway, Suite 100
Plano, Texas 75093
Copy To: General Counsel
5900 W. Plano Parkway, Suite 100
Plano, Texas 75093
If to NTTA by United States Mail:
North Texas Tollway Authority
Attn: Executive Director
P.O. Box 260729
Plano, Texas 75026
Copy To: General Counsel
P.O. Box 260729
Plano, Texas 75026
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Interlocal License Agree ment Between The Colony and NTTA Page 8
ARTICLE 8 – MISCELLANEOUS PROVISIONS
8.1 Recitals Incorporated. The recitations set forth in the foregoing recitals of this
Agreement are true and correct and are hereby incorporated into the body of this Agreement.
8.2 Relationship of Parties. The parties do not intend that this Agreement be
construed as creating a principal and agent relationship, partnership, joint venture, or any
association between the parties, it being understood and agreed that none of the provisions
contained herein or any acts of the parties in the performance of their respective obligations
hereunder shall be deemed to create any relationship between the parties other than the relationship
of NTTA and The Colony. It is understood and agreed that this Agreement does not appoint either
party as an agent of the other for any purpose whatsoever. Neither party shall in any way assume
any of the liability of the other for acts of the other or obligations of the other.
8.3 Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or terminated except upon
the provisions hereof or by the mutual written agreement of the parties hereto.
8.4 No Assignment. The Colony has no right or authority to assign its rights and/or
obligations or to delegate its duties under this Agreement without NTTA’s prior written approval,
and such approval may be granted, conditioned, or withheld at NTTA’s sole discretion. Any
attempted assignment or delegation without such approval will be void and constitute a material
breach of this Agreement.
8.5 Governing Law; Venue. The laws of the State of Texas shall govern the
interpretation, validity, performance, and enforcement of this Agreement, without regard to
conflict of law principles. This Agreement is performable in Collin County, Texas, and the
exclusive venue for any action arising out of this Agreement shall be a court of appropriate
jurisdiction in Collin County, Texas.
8.6 Consideration. This Agreement is executed by the parties without coercion or
duress and for substantial consideration, the sufficiency of which is forever confessed.
8.7 Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. An electronic signature
will also be deemed to constitute an original if properly executed.
8.8 Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate and necessary
action has been taken to authorize the individual who is executing this Agreement to do so for and
on behalf of the party for which his or her signature appears, that there are no other parties or
entities required to execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement, and that each individual
affixing his or her signature hereto is authorized to do so, and such authorization is valid and
effective on the Effective Date of this Agreement.
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Interlocal License Agree ment Between The Colony and NTTA Page 9
8.9 Savings/Severability. In the event that a term, condition, or provision of this
Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of
competent jurisdiction, then that term, condition or provision shall be deleted and the remainder
of the Agreement shall remain in full force and effect as if such invalid, illegal, void,
unenforceable, or unlawful provision had never been contained in this Agreement.
8.10 Representations. Each signatory represents this Agreement has been read by the
party for which this Agreement is executed and that such party has had an opportunity to confer
with its counsel.
8.11 No Third Party Beneficiaries. Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the parties do not intend
to create any third party beneficiaries by entering into this Agreement. Without limiting th e
generality of the foregoing, neither this Agreement nor the use of any of the Trail Improvements
by members of the public shall give the public any use rights or other rights or interests, whether
by prescription or otherwise, in any of the Licensed Property.
8.12 Waiver. Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall not in any way
affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance.
8.13 Immunity. The parties acknowledge and agree that, in executing and performing
this Agreement, neither party has waived, nor shall be deemed to have waived, any defense or
immunity, including governmental, sovereign, and official immunity, that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions. By
entering into this Agreement, the parties do not create any obligations, express or implied, other
than those set forth herein.
8.14 Reference to The Colony. When referring to “The Colony” herein, this
Agreement shall refer to and be binding on The Colony and its officers, agents, representatives,
employees, contractors, subcontractors, and/or any other third parties for whom The Colony is
legally responsible.
8.15 Reference to NTTA. When referring to “NTTA” herein, this Agreement shall
refer to and be binding on NTTA and its officers, agents, representatives, employees, contractors,
subcontractors, and/or any other third parties for whom NTTA is legally responsible.
8.16 Reference to SRT. As used in this Agreement, the term “SRT” includes all main
travel lanes, ramps, toll lanes, tolling equipment, drainage facilities, utility facilities, appurtenant
improvements, and other real and personal property, including right of way, owned in fee or
easement by NTTA that is or may be used for the construction, operation, and maintenance of the
turnpike project operated by NTTA and currently known as the Sam Rayburn Tollway.
8.17 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by the parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language herein is
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Interlocal License Agree ment Between The Colony and NTTA Page 10
to be construed against either party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
[Signature page follows.]
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Interlocal License Agree ment Between The Colony and NTTA Page 11
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective when all the parties have signed it. The date this Agreement is signed
by the last party to sign it (as indicated by the date associated with that party’s signatu re below)
will be deemed the effective date of this Agreement (“Effective Date”).
CITY OF THE COLONY, TEXAS,
a Texas home-rule municipality
By:
Troy C. Powell, City Manager
Date:
ATTEST:
Tina Stewart, City Secretary
NORTH TEXAS TOLLWAY AUTHORITY,
a regional tollway authority
By:
Printed Name:
Title:
Date:
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EXHIBIT A
Licensed Property and Temporary Construction License Areas
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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, AUTHORIZING THE CITY MANAGERTO EXECUTE
AN INTERLOCAL LICENSE AGREEMENT BETWEEN THE CITY OF
THE COLONY AND THE NORTH TEXAS TOLLWAY AUTHORITY
(NTTA) TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN PUBLIC
HIKE-AND-BIKE TRAIL FACILITIES AS PROVIDED IN EXHIBIT “A”,
WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of The Colony desires to enter onto and use the Licensed Property to
construct, operate, repair, and maintain public hike-and-bike trail facilities, together with all
incidental improvements and all necessary appurtenances thereto, as set forth in plans and
specifications submitted to NTTA, including, without limitation, any retaining walls, steel railings,
landscape elements, gabion mattresses, and any other items related to the construction of the trail;
and
WHEREAS, NTTA desires to grant The City of The Colony a non-exclusive license to
construct, operate, repair, maintain, and permit the public to use the Trail Improvements at the City
of The Colony’s sole cost and expense; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as
amended, authorizes local governmental entities, such as NTTA and The City of The Colony, to
contract with one another to perform governmental functions and services; and
WHEREAS, the parties have investigated and determined that it is their mutual best interest
to enter into this Agreement for the provision of governmental functions and services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1.That the City Manager is hereby authorized and empowered to execute an
Interlocal License Agreement with the North Texas Tollway Authority (NTTA)to construct, operate,
repair and maintain public hike-and-bike trail facilitiesas defined in the Agreement, whicha true and
correct copy, is attached hereto and incorporated herein by reference as Exhibit “A”.
Section 2.That this resolution shall take effect immediately from and after its passage.
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PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of July 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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Exhibit A
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Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Consider approving an ordinance amending Chapter 19, Section 19-10, Subsection B of the Code of
Ordinances establishing speed limits for the frontage roads of State Highway 121 within the City of The Colony.
(Hartline)
Suggested Action:
Summary of Requests: Consider approval of an Ordinance amending Chapter 19, Section 19-10, Subsection B
of the Code of Ordinances establishing speed limits for the frontage roads of State Highway 121 (SH 121)
within the City of The Colony.
Background:
In 2007, the North Texas Tollway Authority (NTTA) took over the operation, maintenance and signage of the SH
121 frontage roads from the Texas Department of Transportation (TxDOT). Pursuant to their contract with
TxDOT, NTTA is required to perform a Speed Study along the corridor in accordance with TxDOT procedures
every 6 to 10 years to determine if the speed limits need to be adjusted based on various parameters including
the 85th percentile speed determined in the study, accidents, driveway density and new development along the
corridor. NTTA recently completed a Speed Zone Study on SH 121 from McKinney to Coppell which includes
the frontage roads within The Colony.
The Speed Study recommends that the speeds on the northbound and southbound frontage roads within the
city limits of The Colony be reduced from 55 MPH to 50 MPH in both directions. The speed reduction is
proposed because of increased accidents that have occurred along the frontage roads and significant new
development that has increased driveway density along the corridor. TxDOT and NTTA have reviewed the
Speed Study and both agree with the conclusions of the study and the proposed speed reduction to 50 MPH.
Please see the attached TxDOT approval letter, Proposed SH 121 Frontage Road Speed Zones Map, SH 121
Frontage Roads Speed Maps and Speed Zone Decisions Spreadsheet for additional information.
Staff has also reviewed the Speed Study information provided by NTTA and due to the number of accidents
identified and high driveway density noted, we recommend that the speed limit should be lowered from 55 MPH
to 50 MPH along the frontage roads. In addition to making the roadway safer, lowering the speed limit will also
assist in making the weave movement from the SH 121 tolled lanes across the frontage road to the main entry
ramp for Grandscape/S. Colony Boulevard safer. The slower frontage road speeds will provide extra time from
drivers to make the weave across the frontage road traffic lanes and access Grandscape/S. Colony entry
ramp.
Before any currently posted speed limits can be changed, NTTA and TxDOT require a signed city ordinance
matching the zones on their speed study. The new Speed Limit will become effective the date the signs are
changed by NTTA.
Recommendation:
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City Staff recommend approval of an Ordinance amending Chapter 19, Section 19-10, Subsection B of the
Code of Ordinances to establishing a speed limit of 50 miles per hour for the southbound and northbound
frontage roads of SH 121 within the city limits. Staff feels that the speeds recommended in this study are
appropriate for this roadway due to the accidents and driveway density noted in this study and the significant
development activities that have occurred along this roadway over the past 10 years.
SUGGESTED MOTION: I move to recommend approval of an Ordinance amending Chapter 19, Section 19-10,
Subsection B of the Code of Ordinances establishing a speed limit of 50 miles per hour for the southbound and
northbound frontage roads of SH 121 within the city limits.
Attachments:
Proposed 121 Frontage Road Speed Zones Map- 2020
SH121FR Speed Maps - Signed 20200507
Speed Zone Decisions Spreadsheet
TxDOT Approval Letter Re Speed Zone Study-SH 121FR 20200505
Ordinance 121 Speed Limit - amendment - 19-10(b) - SH 121
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 19, SECTION 19-10, ENTITLED “SPEED
LIMITS—GENERALLY,” BY AMENDING SUBSECTION (B), BY
ESTABLISHING A SPEED LIMIT OF 50 MILES PER HOUR FOR
SOUTHBOUND AND NORTHBOUND STATE HIGHWAY 121
FRONTAGE ROADS WITHIN THE CITY LIMITS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 545.356, Texas Transportation Code, provides that whenever the
governing body of the City of The Colony, Texas, shall determine upon the basis of an
engineering and traffic investigation that any prima facie speed therein set forth is greater or less
than is reasonable or safe under the conditions found to exist at any intersection or other place or
upon any part of a street or highway within the City, taking into consideration the width and
condition of the pavement and other circumstances on such portion of said street or highway, as
well as the usual traffic thereon, said governing body may determine and declare a reasonable
and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be
effective when appropriate signs giving notice thereof are erected at such intersection or other
place or part of the street or highway; and
WHEREAS,the City Council of the City of The Colony, Texas, has discussed and
considered such revisions and has determined that it is in the best interest of the City of The Colony,
Texas, to amend the current Chapter 19, Section 19-10(b) to regulate speed limits on the frontage
roads of State Highway 121 (SH 121), located within the City of The Colony, Texas, in accordance
with State law; and
WHEREAS,the City Council of the City of The Colony, Texas, has determined that the
following regulation is necessary in order to protect public health, safety, and welfare of the citizens
of the City of The Colony, Texas.
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 be, and the
same is, hereby amended by amending Chapter 19, Section 19-10, entitled “Speed limits –
Generally,” by amending subsection (b) to include the following speed limits:
Sec. 19-10. Speed limits—Generally.
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Page 2
. . .
(b)Upon the basis of an engineering and traffic investigation, the city council hereby alters
the maximum prima facie speed limits upon the following named public streets,
highways and alleys of the city, and determines and declares such speed limits to be
reasonable and safe, having regard to the actual and potential hazards, for vehicles
traveling thereon:
. . .
Street Extent Speed
(mph)
Anderlan Drive All of Anderlan Drive within city limits 20
Destination Drive All of Destination Drive within city limits 35
Grandscape Boulevard All of Grandscape Boulevard within city limits 35
Lebanon Road All of Lebanon Road within city limits 35
Main Street (FM 423)From the northern city limits to Lake Highlands Drive 55
Main Street (FM423)Lake Highlands Drive to State Highway 121 Northbound
frontage road 45
McKamy Trail All of McKamy Trail within city limits 35
Memorial Drive From the west city limits to Paige Road 40
Memorial Drive From Paige Road to South Colony Boulevard 40
Memorial Drive From South Colony Boulevard to the east city limits 40
Morning Star Drive From State Highway 121 Southbound frontage road to
Memorial Drive 35
Nebraska Furniture Mart
Drive All of Nebraska Furniture Mart Drive within city limits 35
North Colony Boulevard From Sample Drive to Ethridge Drive 35
North Colony Boulevard From Ethridge Drive to Pecan Crossing 30
North Colony Boulevard From Pecan Crossing to cul-de-sac in Stewart Creek Park 20
Oak Street All parts of Oak Street within city limits 20
Paige Road All of Paige Road within city limits 40
Plano Parkway From State Highway 121 to 1000' south of Destination Drive 45
Plano Parkway From 1000' south of Destination Drive to the south city limits 50
South Colony Boulevard All of South Colony Boulevard within city limits 35
State Highway 121 All of State Highway 121 frontage roads within city limits 50
Stewart Creek Park Roads All roads in Stewart Creek Park, except North Colony
Boulevard 10
Sunset Circle All of Sunset Circle within city limits 20
Windhaven Parkway All of Windhaven Parkway within city limits 40
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Page 3
SECTION 3.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 4.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance 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 Two
Hundred Dollars ($200.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance 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 THE 7
th day of JULY, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, 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: July 7, 2020
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving an ordinance adopting a budget amendment in the amount of $15,000.00 for
COVID-19 related rental assistance and relief. (Perez)
Suggested Action:
Attachments:
Covid Rental Program Budget Amendment Narrative.docx
Covid-19 Rental Assistance and Relief Budget Amendment Form.xls
Next Steps The Colony Mail - New submission from COVID-19 Help.pdf
Ord. 2020-xxxx 2019-20 Budget Amendment Ordinance Covid-19 Rental Assistance and Relief.doc
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This item is in response to the present and on going need of residents within The Colony facing financial
hardship and potential loss of their home as a result of the COVID-19 pandemic. Since the job loss
impacts of the pandemic began effecting residents of The Colony in late March, Next Steps The Colony
has been working with those in need of rental and utility assistance during their financial hardship by
providing financial support to assist with the payments.
During the initial phase of the pandemic in our area and state wide, The Texas Supreme Court placed a
moratorium on landlords and utility companies to halt eviction and disconnection of service for non-
payment. That moratorium has since been lifted and Next Steps is finding there are still many residents
of The Colony reaching out to them who are struggling with making rent and utility payments and/or
facing eviction.
Through funding provided by Denton County, The United Way of Denton County has been able to
provide reimbursement of rental and utility payment requests submitted by Next Steps The Colony and
other non-profits operating within Denton County with similar missions. However procedurally, Next
Steps must provide the assistance up front to the family or individual in need and then submit for
reimbursement through United Way which can take several weeks or longer to process. Next Steps
concern has been they do not have the available cash reserves on hand as other larger non-profits in the
area have to meet the current and/or future demand in requests while waiting for reimbursement from
United Way.
This proposed funding would bridge the gap between the delay in reimbursement as a supplemental
source of support to assist Next Steps as they continue to work with United Way Denton County to
provide assistance to residents of The Colony. Next Steps The Colony has been certified and trained in
Denton County United Way’s reimbursement requirements and has been successful in their first round
of submittals being approved. They have the knowledge and experience to intake and process requests
i.e. verifying financial hardship, employment status, etc. and have been doing so prior to the Covid
pandemic.
This program would be overseen and administered by the City Manager’s Office who already has a close
working relationship with several non-profits located in The Colony included Next Steps The Colony. In
the program design, Next Steps would provide intake and case management services, prepare and
approve the applicants paper work and submit to the City Manager’s Office for final review and
approval. Next Steps belongs to a county wide non-profit software program/database they utilize to
insure the applicant is not taking advantage of available assistance by going from non-profit to non-
profit and to avoid duplication of assistance provided.
Attached is an example of a completed application and background check that was submitted and
approved by Next Steps/Den Co United Way for rental assistance which would be used going forward
for them to submit to the City Manager’s Office for release of funds under The Colony’s program.
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Budget/Project Amendment Form
FY 2011/2012
7/1/2020
(Transfers within a
cost center) *not to
exceed total approved
expense
EXAMPLE:INCREASE DECREASE
FUND ACCOUNT #LINE ITEM DESCRIPTION AMOUNT AMOUNT
100 611-6320 Postage 100.00
100 611-6126 Travel Expense (100.00)
INCREASE DECREASE
FUND ACCOUNT #
PROJECT #
(IF APPLIES)LINE ITEM DESCRIPTION AMOUNT AMOUNT
100 623-6846 15,000.00
TOTALS 15,000.00 -
EXPLANATION FOR ACTION:
ROUTING Name Date Finance Dept Use
REQUESTED BY:6/30/2020 Funding verified by
DIVISION HEAD:
FINANCE:
CITY MANAGER:
COUNCIL APPROVAL DATE:
TCEQ order agreement.
TYPE OF AMENDMENT
Additional Appropriations City
Council approval required
Covid-19 rental assistance and relief
( Transfers between funds)
City Council approval required
( Transfers between cost centers within a fund )
City Manager approval required
**This Category Also Used For Project Transfers over $10,000
Joe Perez
Signature
Supplement Interfund Transfers Intrafund TransfersProject Cost Center
Transfers
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020 - _______
AMENDING THE FISCAL YEAR 2019-2020 BUDGET
AN ORDINANCE AMENDING ORDINANCE 2019-2373, ADOPTING THE
FISCAL YEAR 2019-2020 BUDGET FOR THE GENERAL FUND OF CITY
OF THE COLONY, TEXAS BY REALIGNING BUDGETS AS SET FORTH
HEREIN; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AMENDING
THE FISCAL YEAR 2019-2020 BUDGET FOR THE GENERAL FUND OF
THE CITY OF THE COLONY; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND
NAMING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is conducting business
pursuant to a budget for fiscal year 2019-2020, heretofore previously adopted by Ordinance No.
2019-2373 on the 17th day of September, 2019; and
WHEREAS, Section 102.010 of the Texas Local Government Code authorizes the
governing body of a municipality to make changes in the budget for municipal purposes; and
WHEREAS, the City of The Colony finds it in the best interest of the City to increase the
2019-20 General Fund budget by $15,000 for COVID-19 related rental assistance and relief; and
WHEREAS, the City Council has reviewed the budget and has determined that a valid
municipal purpose is served by such budget increases and reallocation of funds.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are incorporated into the body of this Ordinance as if
copied herein in their entirety.
SECTION 2.
AMENDMENT AND ADOPTION
That the General Fund budget for the fiscal year ending September 30, 2020, heretofore
previously adopted by Ordinance 2019-2333 duly enacted by the City Council of the City of The
Colony on the 17th day of September, 2019, be and is hereby amended as set forth herein, which
amendment is hereby, in all respects, finally approved and adopted as so changed; and the same
shall be hereby filed with the City Secretary of the City of The Colony.
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SECTION 3.
BUDGET INCREASES
That the 2019-20 General Fund budget is to be increased by an amount not to exceed $15,000.
SECTION 4.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of Ordinances of the City of The
Colony, Texas except where the provisions of this Ordinance are in direct conflict with the
provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are
hereby repealed.
SECTION 5.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council of The City of The Colony 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 should 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, or
sections of this Ordinance, since the same would have been enacted by the City Council without
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph,
or section.
SECTION 6.
SAVINGS CLAUSE
All rights and remedies of the City of The Colony are expressly saved as to any and all
violations of the provisions of any Ordinances affecting budgets, budget approval or adoption,
which have accrued at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its date of passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas this
7th day of July 2020.
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__________________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
__________________________________
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
City of The Colony, Texas
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Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Mayra Sullivan
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:
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Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Discussion
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:
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