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HomeMy WebLinkAbout2020 0901CITY OF THE COLONY CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 1, 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, SEPTEMBER 1, 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 Proclamation recognizing September 2020 as United Way of Denton County - LIVE UNITED Month. (Council) 1.6 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 Receive a presentation, discuss and provide direction to staff regarding the process for changing the speed limit on a residential street. (Hartline) 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 August 18, 2020. (Stewart) 1 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 09/01/2020 Page - 2 4.2 Consider approving Council expenditures for the month of July 2020. (Council) 4.3 Consider approving a resolution authorizing the City Manager to execute a Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for the construction, maintenance and operation of the public Cascades/Grandscape Trail. (Morgan) 4.4 Consider approving a resolution authorizing the City Manager to execute an amendment to the Voluntary Interlocal Cooperation Agreement with the Texas Department of Transportation for the operation and maintenance of Traffic Signals along FM 423 and SH 121. (Hartlne) 5 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider the City of The Colony Preliminary Municipal Budget 2020-2021. (Miller) 5.2 Discuss and consider approving a resolution authorizing the City Manager to execute the proposed 2020-2021 Special and Aging Needs (SPAN) service contract. (Perez) 5.3 Discuss and consider approving an ordinance canceling the November 3, 2020 city council election for single-member district Place 6 and declaring the unopposed candidate elected. (Stewart) 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). C. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge. D. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. 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 2 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 09/01/2020 Page - 3 received from a business prospect(s). C. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge. D. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. 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 3 Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Proclamation Agenda Section: Subject: Proclamation recognizing September 2020 as United Way of Denton County - LIVE UNITED Month. (Council) Suggested Action: Attachments: United Way 2020.doc 4 MAYORAL PROCLAMATION WHEREAS,since 1953, United Way of Denton County has empowered donors, volunteers, businesses, governments, nonprofits, and community groups to invest in neighbors for a better Denton County community; and WHEREAS,United Way of Denton County lives “UNITED 4 Denton County” to help children and families succeed, to guide and serve Veterans and their families, to advocate for overall mental health, and to make homelessness rare, brief and nonrecurring; and WHEREAS,United Way of Denton County works with a network of nonprofits across Denton County to improve the quality of life for the most vulnerable among us; and WHEREAS,United Way of Denton County seeks to increase efficiencies and eliminate redundancies to better meet people’s needs through collaborative programs to solve complex socioeconomic problems; and WHEREAS,United Way of Denton County continues to improve and transform lives across Denton County. NOW, THEREFORE,I, Joe McCourry, Mayor of the City of The Colony, do hereby proclaim September 2020 LIVE UNITED Month in the City of The Colony, and ask all residents to LIVE UNITED. SIGNED AND SEALED this 1st day of September, 2020. __________________________________ Joe McCourry, Mayor 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 2020 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Discussion Agenda Section: Subject: Receive a presentation, discuss and provide direction to staff regarding the process for changing the speed limit on a residential street. (Hartline) Suggested Action: Attachments: 6 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 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: 7 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for August 18, 2020. (Stewart) Suggested Action: Attachments: August 18, 2020 DRAFT Minutes.docx 8 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 AUGUST 18, 2020 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 18 th day of August 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 6:30 p.m. 1.2 Invocation Father Joy Joseph of Holy Cross Catholic 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 None 2.0 CITIZEN INPUT None 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. Councilman Wade requested a future agenda item on reducing the speed limit in the Austin Waters Subdivision. 9 City Council – Regular Meeting Agenda August 18, 2020 Page| 2 Councilman Boyer requested a future agenda item on the cancellation or rescheduling of the November 3, 2020 City Council meeting due to the 2020 General Election. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda with the exception of Agenda Item 4.3 for separate consideration- Mikulec; second by Marks, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for August 5, 2020. 4.2 Consider accepting Derek Kadlac’s resignation from the Technologies Board. *ITEM PULLED FROM AGENDA FOR SEPARATE CONSIDERATION* 4.3 Consider approving a resolution authorizing the City Manager to execute a new co- sponsored association Athletic Facility Usage/Rental Policy for youth baseball with Keep Calm & Baseball On, The Greatest Game, LLC. Director of Government Relations, Brant Shallenburger, provided a brief overview on the proposed resolution to Council. Motion to approve- Marks; second by Boyer, motion carried with all ayes. RESOLUTION NO. 2020-040 4.4 Consider approving a resolution authorizing the City Manager to execute a purchase order in the amount of $36,749.28 to STS 360 for security camera systems to be installed at the Five Star Complex and Stewart Creek Park to be funded by the Community Development Corporation and the Lake Parks Fund. RESOLUTION NO. 2020-041 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider the levying of the Public Improvement District Annual Assessment on properties located within the City of The Colony Public Improvement District No. 1. for the Fiscal Year 2020-21. Executive Business Liaison, Jeremie Maurina, presented this item to Council. He summarized the 2020-2021 preliminary cost breakdowns explaining the three different areas that will be assessed evenly within the Grandscape District. The public hearing opened at 6:48 p.m. and closed at 6:49 p.m. with no speakers. 10 City Council – Regular Meeting Agenda August 18, 2020 Page| 3 Motion to approve- Marks; second by Wade, motion carried with all ayes. Executive Session was convened at 6:50 p.m. 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). C. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Regular Session was reconvened at 8:35 p.m. 7.0 EXECUTIVE SESSION ACTION A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. No Action B. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). No Action C. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Motion to renew and modify City Manager contract terms as discussed in executive session- Boyer; second by Mikulec, motion carried with all ayes. 11 City Council – Regular Meeting Agenda August 18, 2020 Page| 4 ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:36 p.m. APPROVED: ________________________________ Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC City Secretary 12 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for the month of July 2020. (Council) Suggested Action: Attachments: Council July Expenditures.pdf 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 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 a Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for the construction, maintenance and operation of the public Cascades/Grandscape Trail. (Morgan) Suggested Action: Attached agreement has been reviewed by the City Attorney and is included as an example document. TxDOT requires electronic DocuSign for the actual agreement. TxDOT will sent info for DocuSign once Council has approved this item. It will be sent directly to Troy and I will notify him to be on the look out for it. Attachments: MUA The Colony.pdf Res. 2020-xxx Multiple Use Agreement - CascadesGrandscape_Trail.doc 30 Form 2044 Page 1 of 10 (Rev. 10/18) MULTIPLE USE AGREEMENT STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT made by the State of Texas by and between the Texas Department of Transportation, hereinafter referred to as “State”, party of the first part, and The Colony , hereinafter called City , party of the second part, is to become effective when fully executed by both parties. WITNESSETH WHEREAS, on the day day of month of the year , 20 XX , the governing body for the City , entered into Resolution/Ordinance No. Ordinance hereinafter identified by reference, authorizing the City agreement with the State; and ’s participation in this WHEREAS, the City maintenance and operation of a public has requested the State to permit the construction, Cascades/Grandscape Trail on the highway right of way, (ROADWAY SH 121 / Sam Rayburn CONTROL SECTION NO. (General description of area including either the control number or GPS coordinates.) 0364-03 ). shown graphically by the preliminary conceptual site plan in Exhibit “A” and being more specifically described by metes and bounds of Exhibit “B”, which are attached and made a part hereof; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City will enter into agreements with the State for the purpose of determining the respective responsibilities of the City and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State. 31 Form 2044 (Rev. 10/18) Page 2 of 10 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. DESIGN AND CONSTRUCTION City will prepare or provide for the construction plans for the facility, and will provide for the construction work as required by said plans at no cost to the State. Said plans shall include the design of the access control, necessary horizontal and vertical clearances for highway structures, adequate landscape treatment, adequate detail to ensure compliance with applicable structural design standards, sufficient traffic control provisions, and general layout. They shall also delineate and define the construction responsibilities of both parties hereto. Completed plans will be submitted to State for review and approval and when approved shall be attached to the agreement and made a part thereof in all respects. Construction shall not commence until plans have been approved by the State. Any future revisions or additions shall be made after prior written approval of the State. Any sidewalks, curb ramps and other pedestrian elements to be constructed, either on site or off site, by the City shall be in accordance with the requirements of Title II of the Americans With Disabilities Act (ADA) and with the Texas Accessibility Standards (TAS). Elements constructed by the of the City City and found not to comply with ADA or TAS shall be corrected at the entire expense . 2. INSPECTION Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration personnel and State Forces and equipment when highway maintenance operations are necessary, and for inspection purposes; and upon request, all parking or other activities for periods required for such operations will be prohibited. 3. PARKING REGULATIONS Parking regulations shall be established limiting parking to single unit motor vehicles of size and capacity no greater than prescribed for 11/2 ton trucks, such vehicles to conform in size and use to governing laws. Parking shall be permitted only in marked spaces. Parking shall be prohibited when a security threat, as determined by TxDOT, exists. 32 Form 2044 (Rev. 10/18) Page 3 of 10 4. PROHIBITION/SIGNS Regulations shall be established prohibiting the parking of vehicles transporting flammable or explosive loads and prohibiting use of the area in any manner for peddling, advertising or other purposes not in keeping with the objective of a public facility. The erection of signs other than those required for proper use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection. 5. RESPONSIBILITIES Timely maintenance, repair and operation of the facility shall be entirely the responsibility of the City . Such responsibility shall not be transferred, assigned or conveyed to a third party without the advanced written approval of the State. These responsibilities expressly include the timely maintenance and repair of any portion of the facility necessary to comply with the Americans with Disabilities Act. Further, such responsibility shall include picking up trash, mowing and otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow. If the State determines that City has failed to comply with these responsibilities, it will perform the necessary work and charge City the actual cost of the work. 6. FEES Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to defray the cost of construction, maintenance and operations thereof, and shall be subject to State approval. A. Retention Period. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to fees collected and costs (hereinafter called the Records). The City shall make the records available during the term of the Agreement and for four years from the date the Agreement is terminated, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. B. Audit Report. If fees are collected by the City for the use of the facility under this agreement, the City will provide the State an annual audit report detailing the fees collected for the use of the facility and the costs associated with constructing, maintaining, and operating the facility within the same period. If the report shows more fees collected than expenses for the construction, operation, or maintenance of the facility the City must provide a multiple year plan detailing how the additional revenue will be used for construction, operation, or maintenance of the facility. 33 Form 2044 (Rev. 10/18) Page 4 of 10 C. Availability. The State or any of its duly authorized representatives, the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, and the Comptroller General shall have access to the City 's records that are directly pertinent to this Agreement for the purpose of making audits and examinations. 7. TERMINATION UPON NOTICE This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate and City shall be responsible for the facility's timely removal at no cost to the State. If the State determines that perform the necessary work and charge City City has failed to timely remove the facility, it will the actual cost of the work. 8. MODIFICATION/TERMINATION OF AGREEMENT If in the sole judgment of the State it is found at any future time that traffic conditions have so changed that the existence or use of the facility is impeding maintenance, damaging the highway facility, impairing safety or that the facility is not being properly operated, that it constitutes a nuisance, is abandoned, or if for any other reason it is the State’s judgment that such facility is not in the public interest, this agreement under which the facility was constructed may be: (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility; or (2) terminated and the use of the area as proposed herein discontinued. 9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS All structures located or constructed within the area covered by the agreement shall be fire resistant. The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be a potential fire hazard shall be subject to regulation by the State. 10. RESTORATION OF AREA The City shall provide written notification to the State that such facility will be discontinued for the purpose defined herein. The City shall, within thirty (30) days from the date of said notification, clear the area of all facilities that were its construction responsibility under this agreement and restore the area to a condition satisfactory to the State. 11. PREVIOUS AGREEMENTS It is understood that this agreement in no way modifies or supersedes the terms and provisions of any existing agreements between the parties hereto. 34 Form 2044 (Rev. 10/18) Page 5 of 10 12. INDEMNIFICATION City AGREES TO HOLD AND SAVE THE STATE OF TEXAS FREE FROM DAMAGES THAT MAY RESULT FROM CONSTRUCTION OF THE PROJECT DESCRIBED HEREIN. THE INDEMNIFICATION OF THE STATE SHALL EXTEND FOR A PERIOD OF TWO (2) YEARS BEYOND THE DATE OF TERMINATION OF THIS AGREEMENT. DURING EACH YEAR WHILE THERE IS ANY LIABILITY BY REASON OF THE AGREEMENT CONTAINED IN THIS SUBSECTION OF THIS RESOLUTION, INCLUDING THE CALENDAR YEAR 2020 , THE City of the Colony (CITY) SHALL COMPUTE AND ASCERTAIN THE RATE AND AMOUNT OF AD VALOREM TAX, BASED ON THE LATEST APPROVED TAX ROLLS OF SAID ENTITY, WITH FULL ALLOWANCES BEING MADE FOR TAX DELINQUENCIES AND COSTS OF TAX COLLECTION, WHICH WILL BE SUFFICIENT TO RAISE AND PRODUCE THE MONEY REQUIRED TO PAY ANY SUMS WHICH MAY BE OR BECOME DUE DURING ANY SUCH YEAR, IN NO INSTANCE TO BE LESS THAN TWO (2%) PER CENT OF SUCH OBLIGATION, TOGETHER WITH INTEREST THEREON, BECAUSE OF THE OBLIGATION HEREIN ASSUMED. SAID RATE AND AMOUNT OF AD VALOREM TAX IS HEREBY ORDERED TO BE LEVIED AND IS HEREBY LEVIED AGAINST ALL TAXABLE PROPERTY IN SAID ENTITY FOR EACH YEAR WHILE ANY LIABILITY EXISTS BY REASON OF THE OBLIGATION UNDERTAKEN BY THIS SUBSECTION OF THIS RESOLUTION, AND SAID AD VALOREM TAX SHALL BE ASSESSED AND COLLECTED EACH SUCH YEAR UNTIL ALL OF THE OBLIGATIONS HEREIN INCURRED SHALL HAVE BEEN DISCHARGED AND ALL LIABILITY HEREUNDER DISCHARGED. No party to this agreement intends to waive, relinquish, limit or condition its general governmental immunity from liability in any way. Each party agrees and acknowledges that it is not an agent, servant, or employee of the other party and that under this provision each party is responsible only for its own acts and for those of its agents, servants, independent contractors or employees. Such responsibility includes, but is not limited to any claims or amounts arising or recovered under the “Workers Compensation Law,” the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. 35 Form 2044 (Rev. 10/18) Page 6 of 10 Nothing in this agreement shall be construed as creating any liability in favor of any third party against the State and the City . Additionally, this agreement shall not ever be construed as relieving any third party from any liability against the State. Furthermore, the City shall become fully subrogated to the State's rights of recovery and shall be entitled to maintain any action over and against any third party who may be liable for damages. The State agrees to execute and deliver instruments and papers and to otherwise do that which is necessary to secure such rights. 13. INSURANCE The City , shall provide necessary safeguards to protect the public on State maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance, repair and operation of the facility. shall include TxDOT as an additional insured by endorsement in City City 's commercial general liability insurance policy. Prior to beginning work on the State's right of way, the City 's construction contractor shall submit to the State a completed insurance form (TxDOT Form No. 1560) or appropriate certificate of self-insurance and shall maintain the required coverage during the construction of the facility. 14. USE OF RIGHT OF WAY It is understood that the State by execution of this agreement does not impair or relinquish the State’s right to use such land for highway purposes when it is required for the construction or re-construction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any interest in the land described herein but merely consents to such use to the extent its authority and title permits. 15. ADDITIONAL CONSENT REQUIRED The State asserts only that it has sufficient title for highway purposes. The City shall be responsible for obtaining such additional consent, permits or agreement as may be necessary due to this agreement. This includes, but is not limited to, appropriate permits and clearances for environmental, ADA and public utilities. 16. FHWA ADDITIONAL REQUIREMENTS If the Facility is located on the Federal-Aid Highway System, “ATTACHMENT A”, which states additional requirements as set forth in the Federal Highway Administration’s Title 23, Code of Federal Regulations, § 710, shall be attached to and become a part of this agreement. 17. CIVIL RIGHTS ASSURANCES The City , for itself, its personal representatives, successors and interests and 36 Form 2044 (Rev. 10/18) Page 7 of 10 assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the City shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That if in the event of any breach of the above non-discrimination covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the same as if said agreement had never been made or issued. 18. AMENDMENTS Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by a written amendment executed by both parties hereto. 19. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this agreement. 20. AUDIT The State may conduct an audit or investigation of any aspect of this agreement. The City must provide the State with access to any information the State considers relevant to the investigation or audit. The audit can include, but is not limited to, any contract for construction or maintenance of any facility or structure authorized by this agreement or any contract to provide a service to the City agreement. if that service is authorized by this 37 Form 2044 (Rev. 10/18) Page 8 of 10 21. AUTHORITY OF STATE AUDITOR The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 22. NOTICES All notices required under this agreement shall be mailed or hand delivered to the following respective addresses: STATE (Name of other party) (Mailing Address) (Mailing Address) Texas Department of Transportation Maintenance Division 125 East 11th Street City of The Colony 5151 North Colony Boulevard Austin, Texas 78701-2483 The Colony, Texas 75056 23. TIMELY PAYMENT When required by any provision of this agreement requires a payment to be made to the State, the other party hereto shall within thirty (30) days from receipt of the State's written notification pay the State for the full cost of repairing any damages to the highway facility which may result from the other party's construction, maintenance, repair or operation of the facility. 24. WARRANTS The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. List of Attached Exhibits: Exhibit A - General Layout Exhibit B - Metes and Bounds Description Exhibit C - Approved Construction Plans Exhibit D - Certificate of Insurance (TxDOT Form 1560) Exhibit E - Attachment A (FHWA Additional Requirements) 38 Form 2044 (Rev. 10/18) Page 9 of 10 IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the State on the on the day of day of , 20 . , 20 , and the City of The Colony (Name of other party) By: Signature STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, and established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Troy C. Powell Printed Name By: Director, Maintenance Division City Manager Title Printed Name Agency Date APPROVAL RECOMMENDED: Contact Office and Telephone No. District Engineer Mohamed K. Bur, P.E. Printed Name Date 39 EXHIBIT A General Layout 40 EXHIBIT 141 EXHIBIT B Metes and Bound Description 42 43 EXHIBIT C Approved Construction Plans 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 EXHIBIT D Certificate of Insurance 91 Form 1660 -* .. ·~.'.~·nr CERTIFICATE OF INSURANCE Previ ous editions ofth1s form may n~~~:·u8:!:~ lo,~p.1,w.~ Page 1 of 2 Ag ents should complete this form by providing all requested Information , then either email , fax, or ma~ this form as noted et the bottom of pege two. Copies of endorsements li sted below 11re not required 11s ett11chments to thi 9 certificate . Tf\ls certificate Is issued as a matter of infonneti on only end confers no rights upon the certificate hol der. This certificate does not confer any rights or obligations other than the rights and obligations conveyed by the policies referenced on this certilicet11 . The terms of the policies referenced in this certificate control over the terms of the certificate . Insured: The Colony StreeUMailing Address: 6800 Main Street ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ City/State/Zip: The Colony, Texas, 75056 Phone Number: ( 972 ) 624 -3144 WORKERS' COMPENSATION INSURANCE COVERAGE: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Texas Municipal League Intergovernmental Risk Pool I Carrier Phone #: ( 512 ) 491 " 2300 Address: 1821 Rutherford Ln, #1 00 I City, State, Zip: Austin, TX, 78754 Type of Insurance Policy Number Effective Date I Expiration Date 1 Limits of Llablllty: Workers' Compensation 4207 10/01/2019 I 10/01 /2020 I Not Less Than : Statutory-Texas COMMERCIAL GENERAL LIABILITY INSURANCE : Carrier Name: Texas Municipal League Intergovernmental Risk Pool I Carrier Phone #: ( 512 ) 491 -2300 Address: 1821 Rutherford Ln, #1 oo I Citv, State, Zic: Austin, TX, 78754 Type of Insurance: Polley Number: Effective Date: Expiration Date: Limits of Llablllty : Commercial General 4207 10/01/2019 10/01 /2020 Not Less Than: Liability Insurance $ 600,000 each oc currence BUSINESS AUTOMOBILE POLICY: Carrier Name: Texas Municipal League Intergovernmental Ri sk Pool I Carrier Phone #: { 51 2 ) 49 1 -2300 Address: 1821 Rutherford Ln, #100 I Citv, State, Zio: Austin, TX, 78754 Type of Insurance: Policy Number: Effective Date: Expiration Data: Limits of liability: Business Aut omobile Poli cy 4207 10/01/2019 10/01 /2020 Not Less Than : $ 600,000 combined single limit UMBRELLA POLICY (if applicable): Carrier Name: I Carrier Phone #: ( ) " Address: I City, State, Zip: Type of Insurance: Polley Number: Effective Date: Expiration Date: Limits of Llablllty: Umbrella Polley Should any of lhe above described policies be cancelled before the expiration date thereof, notice will be delivered in accorda nce with the policy provisions. THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named are in full force and effect. If this form is sent by facsimile machine (fax), the sender adopts the document received by TxDOT as a dup licate original and adopts the signature produced by the receiving fax machine as the sender's original signature. · Agency Name TMLIRP Address 1821 Ru t herfordLn,#100 ~ ------~ ~ ( 512 491 -2300 ~~~~~~~~~-'--'-~~~~~~~~ City, State, Zip Code Austin, TX, 78754 07 107120 Authorized Agent's Phone Number Authorized Agent Original Signature Date The Texas Department of Transportation maintains the information collected through this form. Wi th few exceptions , you are entitled on request to be informed about the information that we collect about you. Under §§552 .021 and 552.023 of the Texas Government Code, you also are entitl ed to receive and review the information . Under §559.004 of the Government Code, you are also entitled to have us correct info rmati on about you that is Inco rre ct. 92 Form 1660 (Rev 8118) Page 2 of 2 NOTES TO AGENTS: Agents must provide all requested information then either email, fax, or mail this form as noted below . Pre-printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount on an Acord Form . To avoid work suspension , an updated insurance form must reach the address li sted be low one business day prior to the expiration date. Insurance must be in force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific p rojects/contracts on this form . List the contractor's legal company name, including the DBA (doing business as) name as the insured. If a staff leasing service is providing insurance to the contractor/client company, list the staff leasing service as the insured and show the contractor/client company in parenthesis . The Texas Department of Insurance (TDI) approved forms are the only acceptable proof of insurance for department contracts. The preferred Certificate of Insurance (COi) is on a 1560 or Acord form. Over-stamping and/or over-typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner. DO NOT COMPLETE THIS FORM UNLESS THE WORKERS' COMPENSATION POLICY IS ENDORSED WITH A WAIVER OF SUBROGATION IN FAVOR OF TXDOT. The SIGNATURE of the agent is required . CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEAL TH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMMERCIAL GENERAL LIABILITY INSURANCE: MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial Genera l Liab ility Insurance. BUSINESS AUTOMOBILE POLICY: If coverages are specified separately, they must be at least these amounts: Bodily Injury Property Damage $500,000 each occurrence $100,000 each occurrence $100 ,0 00 for aggregate PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for a Business Automobile Policy. Completed forms may be submitted by any of the following methods: Email : Fax: Mail: CST _lnsurance@txdot.gov (512) 416-2536 Texas Department of Transportation CST -Contract Processing 125 E. 11th Street Austin , TX 78701 ~2483 93 Form 2044 (Rev. 10/18) Page 10 of 10 ATTACHMENT A Inasmuch as this project is on the Federal-Aid highway system, the following additional requirements as applicable with the Federal Highway Administration’s Title 23, Code of Federal Regulations, § 710.105. 1. Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrency by the FHWA. 2. Any change in the authorized use of real property interest shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 3. Real property interest shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revocable in the event that the real property interest facility ceases to be used or is abandoned. EXHIBIT E Contact/Help 94 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A MULTIPLE USE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT)FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF THE PUBLIC CASCADES/GRANDSCAPE TRAIL; WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and State have entered into a multiple use agreement for construction, maintenance and operation of the public Cascades/Grandscape Trail; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the agreement with the Texas Department of Transportation (TXDOT) which is attached hereto and incorporated herein by reference as Exhibit “A,” under the terms and conditions provided therein; and THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1.The Multiple Use Agreement, which is attached hereto and incorporated herein as Exhibit "A",having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 3.This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 1st day of September 2020. ATTEST:_____________________________ Joe McCourry, Mayor City of The Colony, Texas ______ Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 95 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 2020 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an amendment to the Voluntary Interlocal Cooperation Agreement with the Texas Department of Transportation for the operation and maintenance of Traffic Signals along FM 423 and SH 121. (Hartlne) Suggested Action: Consider a resolution authorizing the City Manager to sign an Amendment to the Voluntary Interlocal Cooperation Agreement with the Texas Department of Transportation for the operation and maintenance of Traffic Signals along FM 423 and SH 121. The Texas Department of Transportation has notified the City of The Colony that we will need to take over the operation and maintenance of the Traffic Signals on FM 423 and SH 121 by January 1, 2021 (see attached letter). After receiving the letter, Engineering has identified upgrades that need to be made to the Traffic Signals by TxDOT before we assume operations and maintenance responsibilities. We have discussed the requested upgrades with TxDOT and they have agreed to upgrade the signals at their cost per our request. To complete the upgrades, TxDOT needs to move the current operation and maintenance responsibilities back under TxDOT’s direct control so their staff can complete the upgrades. To do so, they need to remove the signals from the Voluntary Interlocal Agreement that was signed with the City of Lewisville. The attached amendment to the Voluntary Interlocal Agreement will remove the signals along SH 121 and FM 423 from the Lewisville service contract with TxDOT. The signals to be removed are documented in the attached agreement. Once removed from this contract, TxDOT will make the required upgrades requested and will also respond to necessary service calls, timing changes, etc… that may be required for the signals until the January 1, 2021. At that time the City of The Colony will take over day to day operation and maintenance of the signals. While the signals are being upgraded, a separate Interlocal Agreement will be negotiated by TxDOT and the City of The Colony to document our future responsibilities and will be brought before City Council at a later date, Attachments: TxDOT Letter. Traffic Signal Construction Maintenance and Operation Requirements Amendment 4 to Voluntary Interlocal Cooperative Agreement for Operation and Maintenance of Traffic Signals Res. 2020-xxx TxDOT Agreement - Amendment No. 4 for Maintenane of Traffic Signals.doc 96 97 98 99 100 101 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020-_______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGERTO EXECUTE AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY AND THE TEXAS DEPARTMENT OF TRANSPORATION AND THE CITY OF LEWISVILLE FOR MAINTENANCE OF TRAFFIC SIGNALS ON FM 423 AND SH 121 AS PROVIDED IN ATTACHMENT “A”, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; 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 Managerof the City of The Colony, Texas, is hereby authorized to execute an amendment to the Interlocal Cooperation Agreement with the Texas Department of Transportation(TxDOT)and the City of Lewisville for maintenance of traffic signals on FM 423 and SH 121 as defined in the Agreement, which is attached hereto and incorporated herein by reference as Attachment “A”. Section 2.Thata true and correct copy of Amendment Number 4 is attached hereto and incorporated herein. 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 1st day of September 2020. _____________________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 102 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 2020 Submitted by: David Cranford Submitting Department: Finance Item Type: Discussion Agenda Section: Subject: Conduct a public hearing, discuss and consider the City of The Colony Preliminary Municipal Budget 2020-2021. (Miller) Suggested Action: Local Government Code requires a public hearing on the budget to receive input from the public. Attachments: Preliminary Budget 2020-2021.pdf 103           Preliminary Budget 2020/2021 REVISED August 27, 2020 104 105 TABLE OF CONTENTS City Manager’s Message ..................................................................................... 1 General Fund ....................................................................................................... 2 Parks Fund .......................................................................................................... 5 Utility Fund ............................................................................................................ 6 General Debt Service ............................................................................................ 7 Utility Tax Supported Debt .................................................................................... 8 Economic Development Corporation ................................................................... 9 Community Development Corporation ............................................................... 10 TIRZ ONE PID ................................................................................................... 11 Lake Parks Fund ................................................................................................. 12 Special Events Fund .......................................................................................... 13 Hotel/Motel Tax Fund .......................................................................................... 14 Court Security Fund ............................................................................................ 15 Court Technology Fund ...................................................................................... 16 Child Safety Fund .............................................................................................. 17 Trinity North Fund .............................................................................................. 18 Capital Projects Administration Fund ................................................................. 19 Storm Water Utility Fund ..................................................................................... 20 Water/Sewer Impact Fees Fund ........................................................................ 21 Citizen Donation Fund ........................................................................................ 22 Keep the Colony Beautiful Fund ........................................................................ 23 CIP ...................................................................................................................... 24 106 107     City of The Colony Memorandum To: Mayor and City Council Members From: Troy Powell, City Manager Tim Miller, Assistant City Manager Date: July 31, 2020 Reference: Proposed FY 2020-21 Budget Enclosed is the proposed budget for FY 2020-21. The purpose of this memo is to summarize significant items in the budget as well as to identify issues that will need to be considered in the future. Key principles of the budget are as follows: • Total operating revenues increased by $3.3 million due primarily to property tax receipts and CARES reimbursement. • One half cent reduction in the property tax rate ($.66 to $.655) • Utility rates increased by 5% to fund phase II wastewater treatment plant. • Property values frozen for those over 65. • Utility bill discounts for veterans. • Total operating expenses increased by $900k due primarily to personnel costs. • Added Personnel (Fire 6, Finance 1, and Communications 1). • Blended raises 4%. • Medical insurance increase of 10%. • Fund balances operating days will remain the same as last year’s budget: General Fund 80 days; Utility Fund 60 days; and Parks 60 days. The proposed FY 2020-2021 Budget is respectfully submitted for you review. 1 of 25 108 109 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget Current Property Taxes 21,368,450 23,395,083 25,390,650 26,103,825 Rendition Penalty Revenue 4,219 5,779 4,000 4,000 Ag. Roll Back Taxes 133,611 - 4,000 4,000 Delinquent Property Tax 113,884 188,279 50,000 50,000 Penalties & Interest 99,237 80,804 80,000 80,000 Total 21,719,401 23,669,945 25,528,650 26,241,825 Sales Taxes 6,730,314 7,666,068 6,034,543 7,200,000 Mixed Beverage Tax 369,791 424,443 376,000 300,000 Total 7,100,105 8,090,511 6,410,543 7,500,000 Electric 1,369,505 1,433,033 1,380,000 1,400,000 Natural Gas 184,733 189,409 190,000 190,000 Telephone 301,121 260,360 235,000 180,000 PEG Fees 79,088 50,793 80,000 50,000 Video 388,263 290,256 350,000 290,000 Sanitation-Residential 190,732 203,521 200,000 200,000 Sanitation-Commercial 192,507 248,065 200,000 200,000 Total 2,705,949 2,675,437 2,635,000 2,510,000 TOTAL TAXES 31,525,455 34,435,893 34,574,193 36,251,825 Building Permits-New Homes 1,020,283 984,402 1,400,000 775,000 Building Permits-Other 546,804 601,116 550,000 400,000 Commercial Permits 212,750 265,336 200,000 110,000 Certificates Of Occupancy 7,954 5,350 5,000 5,000 Zoning Fees 6,780 13,319 6,000 6,000 Fire Fees 29,246 22,941 25,000 20,000 Solicitors Permits 4,145 4,755 4,000 4,000 Health Permits 120,933 136,490 120,000 150,000 Platting Fees 24,935 11,045 24,000 24,000 Alcohol Permits 14,945 21,405 15,000 15,000 Code Enforcement Fees 18,460 24,611 18,000 18,000 Eng Inspection Overtime Fee 1,560 1,280 1,000 1,000 Inspection Fees 285,573 68,351 150,000 20,000 Grading Permit 5,574 3,802 1,000 1,000 TOTAL LICENSES & PERMITS 2,299,942 2,164,203 2,519,000 1,549,000 Ambulance Calls 748,342 756,243 600,000 675,000 Ambulance Subscription Revenue 23,163 23,111 20,000 20,000 Service Liens 21,457 13,490 20,000 20,000 Denton County Engine Response 1,650 2,480 1,500 1,500 County Ambulance Funds 21,228 22,443 21,000 21,000 County Fire Funds 10,000 10,000 10,000 10,000 Total 825,840 827,767 672,500 747,500 County Library Funds 38,900 38,800 39,000 39,000 Total 38,900 38,800 39,000 39,000 CHARGES FOR SERVICES TAXES Ad Valorem Taxes City Sales Taxes Fire & Ambulance Library Revenue & Expenditure Projections Fiscal Year 2020-2021 Franchise Taxes LICENSES & PERMITS GENERAL FUND 2 of 25 110 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget Revenue & Expenditure Projections Fiscal Year 2020-2021 GENERAL FUND TOTAL CHARGES FOR SERVICES 864,740 866,567 711,500 786,500 Municipal Court Fines 920,577 864,702 600,000 785,000 Library Fees 13,618 10,632 10,000 10,000 Animal Control Fees 25,220 19,552 25,050 20,000 TOTAL FINES AND FORFEITURES 959,415 894,886 635,050 815,000 Interest Income 400,609 736,874 400,000 125,000 TOTAL INVESTMENT INCOME 400,609 736,874 400,000 125,000 Auction Proceeds 46,752 30,463 30,000 30,000 Tower Rental Fees 310,857 311,983 300,000 300,000 Insurance Reimbursement 8,262 2,150 1,000 1,000 LEISD SRO Reimbursement 49,054 76,722 85,000 88,000 LISD SRO Reimbursement - 160,480 243,863 243,863 Miscellaneous 119,178 2,178,260 65,000 65,000 Police Reports 4,638 4,485 4,000 4,000 Alarm Fees 29,919 40,806 30,000 30,000 TOTAL OTHER REVENUES 568,660 2,805,349 758,863 761,863 TOTAL REVENUES 36,618,821 41,903,772 39,598,606 40,289,188 Transfer - Storm Water Utility 50,000 50,000 50,000 50,000 Transfer In-GF Capital Projects 46,613 Transfer - Child Safety Fund 20,000 10,000 10,000 10,000 154,307 151,756 154,207 151,206 244,379 241,950 244,813 244,396 49,394 51,470 49,457 49,610 131,600 128,400 131,000 131,000 Transfers In - Parking Lot (CDC)64,867 64,554 66,091 66,091 Transfers In - 4B 5 Starr 529,400 532,000 - - Transfers In - CARES Fund 2,440,350 Transfers in - KTKB 73,000 - TOTAL TRANSFERS 1,243,947 1,276,743 778,568 3,142,653 37,862,768 43,180,515 40,377,174 43,431,841 Transfers In - EDC S. Colony Conn-Ph2 Transfers In - EDC - Cascades Transfers In - EDC - Memorial Drive Transfers In - Hike & Bike Trail (CDC) FINES AND FORFEITURES OTHER REVENUES TRANSFER IN TOTAL REVENUES & TRANSFERS INVESTMENT INCOME 3 of 25 111 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget Revenue & Expenditure Projections Fiscal Year 2020-2021 GENERAL FUND Non-Departmental 9,617,186 11,510,338 8,929,766 9,458,852 General Administration 1,093,152 1,463,502 1,342,834 1,497,726 City Council 134,937 163,259 164,545 171,520 Community Image 555,009 616,694 629,564 521,462 City Secretary 328,343 379,874 381,660 411,434 Human Resources 418,008 554,250 647,732 648,868 Finance 1,016,548 1,085,174 1,115,770 1,142,116 Information Technology 881,747 799,101 907,377 843,513 Municipal Court 381,096 385,181 449,777 443,533 Communications 981,814 1,149,546 1,219,937 1,350,830 Fire 8,043,054 9,270,176 10,616,565 10,931,081 Police 9,028,361 9,755,890 12,427,997 11,198,119 Animal Control 368,042 452,641 469,267 482,083 Library 1,108,769 1,139,249 1,217,810 1,278,933 Engineering 1,738,350 1,825,389 2,155,797 2,042,211 Facilities Maintenance 1,199,414 952,440 1,049,246 1,102,379 Fleet Services 832,831 893,123 1,092,798 1,093,711 Personnel Additions - - 721,670 Raises/Health Care - - 1,414,942 CIP Debt and Cash Items - - 1,475,000 TOTAL EXPENDITURES 37,726,661 - 42,395,827 44,818,442 48,229,983 Transfer - CVB 90,000 115,000 115,000 115,000 Transfer - Special Events 40,000 40,000 40,000 40,000 Transfer - KTB 10,000 5,000 - - Transfer - Utility 1,000,000 110,000 - - Transfer - Parks Fund 2,531,000 2,799,000 3,066,823 2,831,823 Transfer - Utility Cap 119,000 - Transfer - Trinity North - 20,000 Transfer - G.F. Special Cap 450,000 2,322,970 - TOTAL TRANSFER OUT 3,671,000 3,519,000 5,663,793 3,006,823 41,397,661 45,914,827 50,482,235 51,236,806 OH COST ALLOCATION (3,945,663) (3,945,663) (6,860,846) (6,346,461) 12,861,860 13,272,630 14,483,981 11,239,766 410,770 1,211,351 (3,244,215) (1,458,504) 13,272,630 14,483,981 11,239,766 9,781,262 13,272,630 14,483,981 11,239,766 9,781,262 129 126 94 80 EXCESS/(DEFICIENCY) ENDING FUND BALANCE UNRESERVED FUND BALANCE Working Days in Fund Balance BEGINNING FUND BALANCE EXPENDITURES TRANSFER OUT TOTAL EXPENDITURES & TRANSFERS 4 of 25 112 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget Recreation Program Revenue 201,812 219,230 200,000 200,000 Athletic Program Revenue 75,735 68,081 71,000 71,000 Athletic & Recreation Facility Revenue 177,002 160,368 174,000 174,000 Pass Revenue 18,159 19,917 14,000 14,000 Total 472,708 467,596 459,000 459,000 Swimming Lessons 169,659 204,307 165,000 165,000 Entrance Fees 41,624 43,016 40,000 40,000 Concession Sales 1,409 2,052 1,000 1,000 Private Party Fees 68,392 79,195 65,000 65,000 Total 281,084 328,570 271,000 271,000 Rental Revenue 15,418 18,203 15,000 15,000 Program Revenue 962 1,363 1,000 1,000 Travel Commissions 7,000 - - - Membership Fees 5,489 6,914 6,000 6,000 Total 28,869 26,480 22,000 22,000 TOTAL CHARGES FOR SERVICES 782,661 822,646 752,000 752,000 Horizon Lease Payment 170,711 193,944 215,000 215,000 Miscellaneous 8,167 54,722 6,500 6,500 Interest Income 38,533 62,155 35,000 35,000 TOTAL OTHER INCOME 217,410 310,821 256,500 256,500 TOTAL REVENUES 1,000,071 1,133,467 1,008,500 1,008,500 Transfer - General Fund 2,531,000 2,799,000 3,066,823 2,831,823 Transfer - CDC Five Star Maintenance 165,000 165,000 165,000 165,000 Transfer - CDC Fund Personnel 134,845 134,845 134,845 134,845 Transfer - Lake Parks Fund 35,000 35,000 35,000 35,000 TOTAL TRANSFERS 2,865,845 3,133,845 3,401,668 3,166,668 3,865,916 4,267,312 4,410,168 4,175,168 Non-Departmental 577 1,121 Parks & Recreation 2,306,322 2,389,634 2,631,156 2,649,918 Aquatic Park 464,825 514,096 532,188 560,533 Community Center 160,191 197,080 259,272 237,083 Capital - - - - TOTAL EXPENDITURES 2,931,914 3,101,931 3,422,616 3,447,534 OH COST 1,014,192 1,014,192 1,014,398 1,014,398 954,662 874,473 1,025,662 998,816 (80,189) 151,189 (26,846) (286,764) 874,473 1,025,662 998,816 712,052 81 91 82 60 TRANSFER IN PARKS FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 TOTAL REVENUES & TRANSFERS EXPENDITURES CHARGES FOR SERVICES Parks & Recreation Aquatic Park Community Center EXCESS (DEFICIENCY) OTHER INCOME Working Days in Fund Balance ENDING FUND BALANCE BEGINNING FUND BALANCE 5 of 25 113 2017-2018 2018-2019 2019-2020 2020-21 Actual Actual Budget Budget CHARGES FOR SERVICES 12,283,971 11,642,408 12,697,500 13,332,375 6,218,840 6,311,393 6,779,000 7,117,950 21,640 20,530 20,000 20,000 479,695 410,823 450,000 450,000 382,736 311,895 350,000 350,000 356,102 579,359 350,000 150,000 109,633 151,001 80,000 80,000 Recycling Billing 34,921 37,243 15,000 15,000 Recycling Education Contribution 36,000 - 36,000 36,000 19,923,537 19,464,652 20,777,500 21,551,325 TRANSFERS IN 400,000 100,000 100,000 100,000 1,000,000 110,000 - - 1,400,000 210,000 100,000 100,000 TOTAL REVENUES & TRANSFERS 21,323,537 19,674,652 20,877,500 21,651,325 EXPENDITURES 5,257 36,968 259,500 459,500 3,902,156 3,665,451 4,009,490 3,965,169 1,484,404 1,452,386 1,267,835 1,305,306 1,262,366 1,223,696 1,339,609 1,462,519 747,103 808,796 1,222,694 1,324,313 1,929,697 2,090,568 2,274,148 2,402,648 Storm Water - Engineering 3,000 39,048 118,100 83,100 Storm Water - Public Works 89,338 137,786 157,932 160,960 Environmental 203,676 212,500 239,591 186,193 Capital - - - - 9,626,997 9,667,199 10,888,899 11,349,708 TRANSFERS OUT - - - - 7,000,000 6,000,000 6,000,000 7,800,000 - - - - 50,000 - TOTAL TRANSFERS OUT 7,000,000 6,000,000 6,050,000 7,800,000 16,626,997 15,667,199 16,938,899 19,149,708 OH COST 2,593,752 2,593,752 5,508,752 5,153,630 4,723,503 6,826,291 8,239,992 6,669,841 2,102,788 1,413,701 (1,570,151) (2,652,013) 6,826,291 8,239,992 6,669,841 4,017,828 130 165 108 60 TOTAL REVENUES Water Service Wastewater Service UTILITY FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 Reconnect Fees Penalties Tap Connection Fees Interest Income Miscellaneous Wastewater Utility Administration Public Works TOTAL EXPENDITURES Transfer - Storm Water Utility Fund TOTAL TRANSFERS IN Non-Departmental Water Production Water Distribution Transfer - General Fund Transfer - General Fund Transfer - Utility Debt Service Transfer - D. S. Revenue bonds Transfer - Special Projects Transfer - Capital Projects Admin TOTAL EXPENDITURES & TRANSFERS BEGINNING FUND BALANCE EXCESS (DEFICIENCY) ENDING FUND BALANCE Working Days in Fund Balance 6 of 25 114 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget Revenues 6,223,548 7,449,109 8,500,766 8,437,600 49,852 61,958 40,000 40,000 45,927 - 30,000 30,000 34,658 27,667 25,000 25,000 202,653 115,126 150,000 75,000 Bond Proceeds 13,008,800 - -- 533,187 3,673 -- 20,098,625 7,657,533 8,745,766 8,607,600 TRANSFERS IN - - - - Transfers In - Engineering Inspections - - - - - - - - - - - - - - - - - - - - - - - - - Transfers In - Parking Lot (CDC)- - - - Transfers In - Parks 4B Projects - 5 Starr Comple - - - - - - - - TOTAL REVENUES & TRANSFERS 20,098,625 7,657,533 8,745,766 8,607,600 EXPENDITURES - - -- 67,367 - - 743,108 740,000 - - 175,130 174,798 - - Refunding Bonds - 2010/2001 529,400 532,000 - - Refunding Bonds - 2011/2002 690,612 696,084 697,072 698,896 Refunding Bonds - 2012/2003 &2007 365,513 220,163 227,588 225,263 154,306 151,756 154,206 151,506 Refunding Bonds - 2013/2004 GF/Utility 373,220 371,550 372,650 372,050 Refunding Bonds - 2014/2006 GF/Utility 269,072 268,732 269,624 268,264 Refunding Bonds - 2015/2005 &2007 GF/Utility 1,439,662 1,223,014 1,223,966 1,102,686 Refunding Bonds - 2020/2010 &2010A --157,781 898,590 Certificates of Obligation - 2014 221,792 221,603 221,624 221,887 Certificates of Obligation - 2016 1,131,125 1,127,801 1,133,313 1,133,488 Certificates of Obligation - 2018 253,321 1,092,150 1,094,265 1,084,185 Certificates of Obligation - 2019 - 241,353 996,080 995,972 Certificates of Obligation - 2020 -- - 759,934 Governmental Capital 10 year note (2)112,165 112,263 112,263 112,263 Equipment Capital Lease 10 year Oshkosh - 288,901 288,901 Governmental Capital 3 year note (1) - 227,381 227,530 227,530 199,462 285,436 200,000 200,000 TOTAL EXPENDITURES 6,725,255 7,686,084 7,376,863 8,741,415 Transfer - General Fund - - - - - Transfer - CIP 13,347,343 - - - - TOTAL EXPENDITURES & TRANSFERS 20,072,598 7,686,084 7,376,863 8,741,415 26,027 (28,551) 1,368,903 (133,815) 1,133,536 1,159,563 1,131,012 1,683,146 1,159,563 1,131,012 1,683,146 1,549,331 BEGINNING FUND BALANCE ENDING FUND BALANCE Certificates of Obligation - 2008 Certificates of Obligation - 2010 Certificates of Obligation - 2010A Certificates of Obligation - 2013 Fiscal Agent Fees & Other Transfers In - Hike & Bike Trail (CDC) TOTAL TRANSFERS IN Certificates of Obligation - 2007 TRANSFER OUT EXCESS (DEFICIENCY) Transfers In - General Fund Transfers In - EDC S. Colony Conn-Ph2 Transfers In - EDC - Cascades Transfers In - 4A Jackson Shaw/Memorial D Transfers In - EDC - Memorial Drive GENERAL DEBT SERVICE Revenue & Expenditure Projections Fiscal Year 2020-2021 Ag. Roll Back Taxes TOTAL REVENUES Current Property Taxes Delinquent Property Taxes Penalty & Interest Investment Income Misc Income 7 of 25 115 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget CHARGES FOR SERVICES - -- - 1,074 - - -- - 70,670 - Fees 442,248 454,591 400,000 400,000 - - - - 442,248 526,335 400,000 400,000 TRANSFERS IN Transfers In - EDC 4A 306,846 305,550 306,702 305,714 Water/Sewer Impact Fees 500,000 1,000,000 1,000,000 1,000,000 Revenue Bond Refunding Revenue Supported Debt Balance Transfer - - Transfers In - Utility Fund 7,000,000 6,000,000 6,000,000 7,800,000 Premium 399,048 394,334 - - 8,205,894 7,699,884 7,306,702 9,105,714 TOTAL REVENUES & TRANSFERS 8,648,142 8,226,219 7,706,702 9,505,714 EXPENDITURES Certificates of Obligation - 2007 ---- Certificates of Obligation - 2010 261,092 260,000 - - Certificates of Obligation - 2010A 35,870 35,802 - - General Obligation Refunding Bonds - 2011 218,088 219,816 220,128 220,704 Revenue Refunding Bonds 2012 (03,07,08)121,838 73,388 75,863 75,088 General Obligation Refunding Bonds - 2013 1,492,880 1,486,000 1,490,600 1,488,200 General Obligation Refunding Bonds - 2014 1,313,703 1,312,043 1,316,401 1,309,761 General Obligation Refunding Bonds - 2020 - - 30,053 171,160 Cetificate of Obligation - 2014 1,362,439 1,361,278 1,361,407 1,363,019 Cetificate of Obligation - 2015 828,150 823,650 823,450 827,350 Cetificate of Obligation - 2015 Refunding 677,488 575,536 575,984 401,264 Cetificate of Obligation - 2016 484,768 483,343 485,706 485,781 Cetificate of Obligation - 2018 28,147 121,350 121,585 120,465 Cetificate of Obligation - 2019 - 147,926 610,501 610,434 Cetificate of Obligation - 2020 - 759,935 Fees/Cost of Issuance 19,493 2,871 20,000 20,000 Transfer - CIP 1,155,000 - TOTAL EXPENDITURES 7,998,956 6,903,003 7,131,678 7,853,161 649,186 1,323,216 575,024 1,652,554 (839,737) (190,551) 1,132,665 1,707,689 (190,551) 1,132,665 1,707,689 3,360,242 Current Property Taxes Delinquent Property Taxes UTILITY TAX SUPPORTED DEBT Revenue & Expenditure Projections Fiscal Year 2020-2021 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE Premium Penalty & Interest Investment Income TOTAL REVENUES TOTAL TRANSFERS IN TRANSFER OUT 8 of 25 116 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget CITY SALES TAXES Sales Tax Revenues 3,365,156 3,833,032 3,600,718 3,600,000 Investment Income 86,398 154,026 90,000 50,000 Bond Proceeds - - - - Miscellaneous Revenue - 5,658 - - TOTAL REVENUES 3,451,554 3,992,716 3,690,718 3,650,000 EXPENDITURES Personnel Services 414,098 444,880 481,006 494,565 Contractual Services 40,726 47,642 121,500 121,500 Marketing 164,930 166,910 425,000 425,000 Supplies 12,769 11,806 18,300 18,300 Maintenance 216 712 1,500 1,500 Economic Development Incentives 180,776 324,942 475,000 475,000 Grant Program 4,300 2,520 25,000 25,000 Debt Service - Land 610,824 610,032 606,480 607,488 Cost of Issuance - - - - Capital/Land - - - - Capital/SUV 47,000 - Property 500,119 - - - Sales Tax Rebate 162,403 176,974 250,000 250,000 TOTAL EXPENDITURES 2,091,161 1,786,418 2,450,786 2,418,353 TRANSFERS OUT Transfer Out - General Fund BPP - - - - Transfer Out - GF Cap Contribution - - - - Transfer Out - GDSF 154,307 151,756 154,207 151,206 Transfer Out - GDSF 244,379 241,950 244,813 244,396 Transfer Out - GDSF 49,394 51,470 49,457 49,610 Transfer Out - UFDS 306,846 305,550 306,702 305,714 TOTAL TRANSFERS OUT 754,926 - 750,726 - 755,179 750,926 TOTAL EXPENDITURES 2,846,087 2,537,144 3,205,965 3,169,279 OH COST 71,380 71,380 71,380 71,380 EXCESS (DEFICIENCY) 534,087 1,384,192 413,373 409,341 BEGINNING FUND BALANCE 7,037,932 7,572,019 8,956,211 9,369,584 ENDING FUND BALANCE 7,572,019 8,956,211 9,369,584 - 9,778,925 ECONOMIC DEVELOPMENT - TYPE A SALES TAXES Revenue & Expenditure Projections Fiscal Year 2020-2021 9 of 25 117 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget CITY SALES TAXES 3,365,156 3,833,032 3,600,718 3,600,000 86,620 149,401 100,000 50,000 Miscellaneous 500 500 - 3,452,276 3,982,933 3,700,718 3,650,000 TRANSFERS IN Transfer from General Fund - - - Transfer from Capital Projects Fund - - - TOTAL TRANSFERS IN - - - - - TOTAL REVENUES & TRANSFERS 3,452,276 3,982,933 3,700,718 3,650,000 EXPENDITURES-OPERATIONAL 135,535 188,445 205,408 221,655 45,161 27,327 46,200 46,200 1,040 1,680 3,650 3,650 34,308 68,136 45,100 45,100 Existing Park Improvements 3,078,000 375,000 2,917,000 0 Early Prinicipal Payment 1,506,728 - 0 Park Dedication Fee - 0 Sales Tax Rebate 162,403 176,973 201,500 201,500 17,182 3,456,447 2,361,471 3,418,858 518,105 TRANSFERS OUT Trnsfr Out - GDSF (Complex Debt)529,400 532,000 - 0 Trnsfr Out - Parks Fd (Five Star Maint.)165,000 165,000 165,000 165,000 Trnsfr Out - GDSF (Hike & Bike Trail)131,600 128,400 131,000 131,000 Trnsfr Out GDSF (Parking Lot)64,867 64,554 66,091 66,091 Trnsfr Out - Parks Fund (Personnel)134,845 134,845 134,845 134,845 TOTAL TRANSFERS OUT 1,025,712 - 1,024,799 - 496,936 496,936 TOTAL EXPENDITURES & TRANSFERS 4,482,159 - 3,386,270 - 3,915,794 1,015,041 OH COST 35,690 35,690 35,690 35,692 (1,065,573) 560,973 (250,766) 2,599,267 3,468,138 2,402,565 2,963,538 2,712,772 2,402,565 2,963,538 2,712,772 5,312,039 Sales Tax Revenues Investment Income COMMUNITY DEVELOPMENT - TYPE B SALES TAXES Revenue & Expenditure Projections Fiscal Year 2020-2021 TOTAL EXPENDITURES EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE TOTAL REVENUES Personnel Services Capital Outlay Contractual Services Supplies Maintenance 10 of 25 118 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget REVENUES Assessment 1,531,455 1,500,580 1,279,829 1,672,426 Interest Income 81,604 157,693 - - Misc 25,000 26,128 - - TOTAL REVENUES 1,638,059 1,684,401 1,279,829 1,672,426 EXPENDITURES Personnel Services 589,063 399,679 614,360 703,813 Contractual Services 590,738 741,411 704,350 686,100 Supplies 25,993 4,980 1,600 1,000 Maintenance & Utility 44,481 342,063 225,000 225,000 Inspections 42,024 5,873 - - Capital Outlay - - - - TOTAL EXPENDITURES 1,292,299 1,494,006 1,545,310 1,615,913 ADDED ENHANCEMENT SERVICES - INSPECTIONS - - 81,691 60,245 345,760 190,395 (347,172) (3,732) 213,193 558,953 749,348 402,176 558,953 749,348 402,176 398,444 BEGINNING FUND BALANCE ENDING FUND BALANCE TIRZ ONE PID Revenue & Expenditure Projections Fiscal Year 2020-2021 EXCESS (DEFICIENCY) 11 of 25 119 2017-18 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget CHARGES FOR SERVICES 176,259 165,971 160,000 160,000 Concession Revenues 1,539 1,129 1,000 1,000 Tribute Lease 69,350 110,480 60,000 60,000 Old American Lease 26,323 - 28,000 28,000 Blue Sky 12,638 12,570 12,000 12,000 Marine Quest 95,297 190,882 90,000 90,000 Mitigation Fees - - 5,012 60 386,418 481,092 351,000 351,000 TOTAL REVENUES & TRANSFERS 386,418 481,092 351,000 351,000 EXPENDITURES 71,695 69,254 85,565 85,565 9,242 11,736 8,350 8,050 23,378 22,099 28,100 28,100 Non-Capital - Other Equipment 1,968 - - - 381,480 172,352 390,000 - 487,763 275,441 512,015 121,715 TRANSFERS OUT 35,000 35,000 35,000 35,000 TOTAL TRANSFERS OUT 35,000 35,000 35,000 35,000 522,763 310,441 547,015 156,715 (136,345) 170,651 (196,015) 194,285 928,994 792,649 963,300 - 767,285 792,649 963,300 767,285 961,570 Maintenance ENDING FUND BALANCE Capital Outlay TOTAL EXPENDITURES Transfer to Parks Fund TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) BEGINNING FUND BALANCE Investment Income Miscellaneous TOTAL REVENUES Contractual Services Supplies Fees & Permits LAKE PARKS FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 12 of 25 120 2017-18 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget REVENUES Donations & Sponsorships 18,419 23,313 12,000 12,000 65,923 39,331 50,000 50,000 84,342 62,644 62,000 62,000 TRANSFERS IN 40,000 40,000 40,000 40,000 350,000 350,000 450,000 450,000 390,000 390,000 490,000 490,000 TOTAL REVENUES & TRANSFERS 474,342 452,644 552,000 552,000 EXPENDITURES Personnel 96,204 98,863 134,003 131,405 Supplies 5 - - 1,540 Christmas - - 5,000 5,000 Christmas Light Show Supplemental 41,127 39,003 50,000 50,000 Christmas Light Show Base 5,048 6,006 - - Liberty by The Lake 94,200 92,926 20,000 91,500 American Heroes 161,608 205,705 208,500 208,500 Parent Child Event 4,298 6,072 5,350 5,350 Halloween Campout 5,614 5,892 6,000 6,000 Easter Egg Hunt 4,124 3,698 4,500 4,500 Event Marketing 2,269 1,941 3,000 3,000 Arbor Day 2,190 2,422 2,500 2,500 Movies In The Park 4,865 7,189 6,000 6,000 Kids Chase/Up, Up & Away(15-16)2,393 3,427 3,000 3,000 Back To School 2,831 1,805 1,900 1,900 Bow Wow Pow Wow 1,857 1,905 1,800 1,800 Road Runners Club 10,000 10,000 - 10,000 N TX Food Pantry - - - 5,000 Chamber Golf Tourney - 6,000 Lakeside Community Theatre 12,000 12,000 - 12,000 Mothers Opposing Bullying - - - - Metro Relief - 8,204 - - TOTAL EXPENDITURES 450,633 507,058 451,553 554,995 OH COST 35,688 35,688 35,670 35,670 (11,979) (90,102) 64,777 (38,665) 94,687 82,708 (7,394) 57,383 82,708 (7,394) 57,383 18,718 Event Revenues SPECIAL EVENTS FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 ENDING FUND BALANCE TOTAL REVENUES Transfer from - General Fund Transfer from - Hotel/Motel Tax TOTAL TRANSFERS IN EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 13 of 25 121 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget HOTEL/MOTEL TAXES Taxes 1,525,722 1,532,040 900,000 900,000 Miscellaneous - - - - - - - - 1,525,722 1,532,040 900,000 900,000 TRANSFERS IN Transfer from - General Fund 90,000 115,000 115,000 115,000 TOTAL TRANSFERS IN 90,000 115,000 115,000 115,000 TOTAL REVENUES & TRANSFERS 1,615,722 1,647,040 1,015,000 1,015,000 EXPENDITURES Communications 94,271 113,235 115,340 180,944 2,546 2,953 12,940 12,940 2,727 602 1,100 1,100 300,037 235,299 258,565 268,868 Contractual Services 317,847 297,466 480,665 519,190 8,343 5,428 17,950 6,950 - - 62,000 - 725,771 654,983 948,560 989,992 TRANSFERS OUT Transfer to CIP - - - - Transfer to Special Event 350,000 350,000 450,000 450,000 TOTAL TRANSFERS OUT 350,000 350,000 450,000 450,000 TOTAL EXPENDITURES & TRANSFERS 1,075,771 1,004,983 1,398,560 1,439,992 OH COST 35,688 35,688 35,691 35,691 504,263 606,369 (419,251) (460,683) 802,122 1,306,385 1,912,754 1,493,503 1,306,385 1,912,754 1,493,503 1,032,820 Investment Income TOTAL REVENUES HOTEL/MOTEL TAX FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE Personnel Services Contractual Services Supplies CVB Personnel Services Capital Items TOTAL EXPENDITURES Supplies 14 of 25 122 2017-18 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget REVENUES Court Security Revenue 12,625 13,931 12,000 12,000 Investment Income TOTAL REVENUES 12,625 13,931 12,000 12,000 EXPENDITURES Personnel Services - - 2,700 2,700 Contractual Services Supplies 1,500 1,500 Maintenance Capital Outlay 60,094 3,670 - - TOTAL EXPENDITURES 60,094 3,670 4,200 4,200 (47,469) 10,261 7,800 7,800 292,369 244,900 255,161 262,961 244,900 255,161 262,961 270,761 BEGINNING FUND BALANCE ENDING FUND BALANCE EXCESS (DEFICIENCY) COURT SECURITY Revenue & Expenditure Projections Fiscal Year 2020-2021 15 of 25 123 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget REVENUES Court Technology Revenue 22,350 20,581 15,000 15,000 Investment Income - - - - TOTAL REVENUES 22,350 20,581 15,000 15,000 EXPENDITURES Contractual Services 456 456 500 500 Supplies/ copiers/Telephone 1,355 455 1,000 500 Maintenance - Tyler/Duncan Parking Tech 18,772 19,240 - 11,500 Non-Capital Capital Outlay - - 38,000 - Overhead Costs TOTAL EXPENDITURES 20,583 20,151 39,500 12,500 1,767 430 (24,500) 2,500 33,029 33,606 34,036 9,536 33,606 34,036 9,536 12,036 ENDING FUND BALANCE EXCESS (DEFICIENCY) BEGINNING FUND BALANCE COURT TECHNOLOGY Revenue & Expenditure Projections Fiscal Year 2020-2021 16 of 25 124 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget REVENUES Child Safety Fund Revenue 4,760 4,148 2,000 2,000 Denton County Child Safety Fund 48,741 49,106 48,000 48,000 53,501 53,254 50,000 50,000 TOTAL REVENUES & TRANSFERS 53,501 53,254 50,000 50,000 EXPENDITURES Child Advocacy Center 33,859 35,937 45,594 30,535 TOTAL EXPENDITURES 33,859 35,937 45,594 30,535 TRANSFER OUT Transfer - General Fund 20,000 10,000 10,000 10,000 TOTAL TRANSFER OUT 20,000 10,000 10,000 10,000 53,859 45,937 55,594 40,535 (358) 7,317 (5,594) 9,465 38,119 37,761 45,078 39,484 37,761 45,078 39,484 48,949 ENDING FUND BALANCE TOTAL REVENUES TOTAL EXPENDITURES & TRANSFERS CHILD SAFETY FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 17 of 25 125 2018-2019 2019-2020 2020-2021 Actual Budget Budget REVENUES Rent 85,415 261,265 211,075 Transfer In General Fund - - 20,000 TOTAL REVENUES 85,415 261,265 231,075 EXPENDITURES Personnel - 57,519 - Contractual Services 54,174 165,657 94,162 Supplies 4,621 3,705 3,000 Maintenance & Utilities 6,320 61,415 122,197 TOTAL EXPENDITURES 65,115 288,296 219,359 20,300 (27,031) 11,716 - 20,300 (6,731) 20,300 (6,731) 4,985 ENDING FUND BALANCE TRINITY NORTH Revenue & Expenditure Projections Fiscal Year 2020-2021 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 18 of 25 126 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget REVENUES Moved to GF TRANSFERS IN - - 300,000 300,000 300,000 - Transfer - General Fund - Transfer - General Obligation Bonds 50,000 - 300,000 300,000 350,000 - TOTAL REVENUES & TRANSFERS 300,000 300,000 350,000 - EXPENDITURES Personnel Services 132,984 146,750 147,077 - Contractual Services - - Supplies - - 500 - Maintenance Overhead Costs TOTAL EXPENDITURES 132,984 146,750 147,577 - Transfer - General Fund TOTAL TRANSFERS OU - - - - 132,984 146,750 147,577 - OH COST 159,265 159,276 159,265 - 7,751 (6,026) 43,158 - (26,565) (18,814) (24,840) 18,318 (18,814) (24,840) 18,318 18,318 CAPITAL PROJECTS ADMINISTRATION Revenue & Expenditure Projections Fiscal Year 2020-2021 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE Transfer - Revenue Bond Projects Transfer - Utility Fund TOTAL TRANSFERS IN TRANSFER OUT TOTAL EXPENDITURES & TRANSFERS Transfer - Impact Fees Fund 19 of 25 127 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget REVENUES 626,961 828,549 650,000 650,000 - - - - 626,961 828,549 650,000 650,000 TOTAL REVENUES & TRANSFERS 626,961 828,549 650,000 650,000 EXPENDITURES Contractual Servics 317,215 168,588 450,000 450,000 TOTAL EXPENDITURES 317,215 168,588 450,000 450,000 TRANSFERS OUT 50,000 50,000 50,000 50,000 - 48,000 - - Projects to be determined - - 400,000 100,000 100,000 100,000 TOTAL TRANSFERS OUT 450,000 198,000 150,000 150,000 767,215 366,588 600,000 600,000 (140,254) 461,961 50,000 50,000 147,483 7,229 469,190 519,190 7,229 469,190 519,190 569,190 Storm Water Utility Fees Investment Income STORM WATER UTILITY FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE TOTAL REVENUES Transfer - General Fund Transfer - Utility CIP Transfer - Utility Fund 20 of 25 128 2017-2018 2018-2019 2019-2020 2020-2021 Act ual Act ual Budget Budget IMPACT FEES W at er I mpact Fees 777,884 719,819 700,000 700,000 Sew er I mpact Fees 383,536 334,005 350,000 350,000 Investment Income - - - - TOTAL REVENUES 1,161,420 1,053,824 1,050,000 1,050,000 EXPENDITURES W ater Impact Fee Reimbursement - - - - Sew er I mpact Fee Reimbursement 202,027 197,748 220,000 220,000 Cont ract ual Services - W at er M ast er Plan - - - - TOTAL EXPENDI TU RES 202,027 197,748 220,000 220,000 TRANSFERS OUT: Transfer - Capit al Project Admin 300,000 300,000 300,000 - Transfer - Utility Revenue Debt Service 500,000 1,000,000 1,000,000 1,000,000 TOTAL TRANSFERS OU T 800,000 1,300,000 1,300,000 1,000,000 TOTAL EXPENDITURES & TRANSFERS 1,002,027 1,497,748 1,520,000 1,220,000 EXCESS (D EFICIENCY)159,393 (443,924) (470,000) (170,000) BEGI NNI NG FU ND BALANCE 2,323,552 2,482,945 2,039,021 1,569,021 ENDING FUND BALANCE 2,482,945 2,039,021 1,569,021 1,399,021 WATER/SEWER IMPACT FEES FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 21 of 25 129 2017-2018 2017-2018 2019-2020 2020-2021 Actual Actual Budget Budget REVENUES One Dollar Donation 319 312 360 300 Recycling Rebate Donation 331 173 471 175 Investment Income - - - - TOTAL REVENUES 650 485 831 475 EXPENDITURES Contractual Services - - - - TOTAL EXPENDITURES - - - - 650 485 831 475 8,307 8,957 9,442 10,273 8,957 9,442 10,273 10,748 BEGINNING FUND BALANCE ENDING FUND BALANCE EXCESS (DEFICIENCY) CITIZEN DONATION FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 22 of 25 130 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget REVENUES Donations 348 - 300 300 348 - 300 300 TRANSFERS IN 10,000 5,000 - - 10,000 5,000 - - TOTAL REVENUES & TRANSFERS 10,348 5,000 300 300 EXPENDITURES Personnel 2,191 1,402 3,000 3,000 Contractual Services - - - - Supplies 5,473 4,230 6,000 2,446 Maintenance - - - - TOTAL EXPENDITURES 7,664 5,632 9,000 5,446 TRANSFERS OUT General Fund 73,000 0 7,664 5,632 82,000 5,446 2,684 (632) (81,700) (5,146) 84,794 87,478 86,846 5,146 87,478 86,846 5,146 - ENDING FUND BALANCE TOTAL REVENUES Transfer In - General Fund TOTAL TRANSFERS IN TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) KEEP THE COLONY BEAUTIFUL Revenue & Expenditure Projections Fiscal Year 2020-2021 BEGINNING FUND BALANCE 23 of 25 131 DEPT 2021 GENERAL DESCRIPTION COURT 7,000 Fingerprint machine for Class C assault Family Violence charges. Fingerprint machine required to be in compliance with HB 1528 that went into effect on September 1, 2019. Warrant Officers will fingerprint charged individual during court proceedings. This will allow the Warrant Officers to complete the task during court and they will not need to take the defendant to The Colony Jail in order to get the fingerprints needed. TOTAL 7,000 CI 108,840 Migrate to Trakit Cloud based version end of Tech Support 6/30/2021; End of Functional Support 12/31/2022 SUB-TOTAL 108,840 ENGR 1,500 AutoCAD License Renewal (Operations) SUB-TOTAL 1,500 TOTAL 110,340 ANIMAL CTRL 150,000 Phase II Building Renovation - add'l funding SUB-TOTAL 150,000 WP 370,867 Interior 400K gal. water storage tank liner rehab Clover Valley Station: • Existing liner is peeling off the floors and walls. Project needs to be completed sooner rather than later. Current liner was installed in 2007, and began failing in 2016. • Alternate funding: Add Project to our maintenance contract with Utility Services. • The maintenance and Rehab cost would be paid over a 5-year period out of the operating budget, • Yr. 1 cost is 74,173.40 and Yr. 2-5 $88,620.00. • The liner product recommended has a 15 year MFG warranty, on or before product warranty has expired the Utility Service would replace liner at no additional cost under the service contract. WP 74,173 Maintenance Program, Alternate Funding: Interior 400K gal. water storage tank liner rehab Clover Valley Station: WP 101,558 Maintenance Program Alternate Funding: Interior 1MG gal. water storage tank liner rehab Clover Valley Station: SUB-TOTAL 546,598 TOTAL 696,598 PW 10,000 Sidewalk installation on the west side of Pecan Cossing - Council request PW 14,000 Sidewalk installation on the west side of Stewart BLVD - Council request PW 12,000 Reflective strips on Main St center - Council request PW 120,000 Pavement marking and Maintenance for streets and thoroughfares - Council request. SUB-TOTAL 156,000 ENGR 1,700,000 Resurface Remaining Asphalt Streets in Eastvale - Phase 9 Streets (Part 2) ENGR 40,000 Resurface Remaining Asphalt Streets in Eastvale Phase 9 St. (Part 2) - Design Services ENGR 30,000 Street Lights-Citizens Request (Operations) ENGR 60,000 Traffic Signal Design at Memorial Drive and Standridge Drive ENGR 290,000 Traffic Signal Installation at Memorial Drive and Standridge Drive ANNUAL BUDGET 2020 - 2021 COMPREHENSIVE IMPROVEMENT PLAN SUMMARY EQUIPMENT/ENHANCEMENTS COMPUTERS, SOFTWARE/HARDWARE BUILDINGS STREETS 24 of 25 132 DEPT 2021 GENERAL DESCRIPTION ANNUAL BUDGET 2020 - 2021 COMPREHENSIVE IMPROVEMENT PLAN SUMMARY ENGR 20,000 Development Master Plan ENGR 50,000 Clean Box Culverts at Standridge Drive (SW Utility Funding) ENGR 30,000 School Zone Flasher Replacements/Upgrades ENGR 150,000 Replace/Upgrade Traffic Light Controllers, Cameras and Preemption ENGR 150,000 Windhaven Parkway French Drain Repair (SW Utility Funding) ENGR 86,000 Construction of a cul-de-sac at the west end of Painter Street.Painter Street is a dead end street with no outlet or turn around. This street is a residential street with houses on both sides and a city park located at the end of this street. Large trucks, buses and pickups with trailers have difficulty turning around at the end of this street and they often drive over residential properties and the city park area causing damage to grass and leaving ruts. It is also difficult for Fire Apparatus to turn around which requires backing down the street instead. This street does not meet the City standards for a Cul de sac turnaround and Fire Apparatus turnaround requirements. This project will include the design and construction of a cul de sac at the end of Painter Street. The design and construction will meet city design standards and Fire Code requirements for Fire Apparatus turnarounds ENGR 22,000 Clamshells were installed in 2020 at all intersections along FM 423 except for Lone Star Ranch Parkway and at SH 121 as part of an authorized CIP project. Since there wasn't enough funding to complete all intersections, the intersections at Lone Star Ranch Parkway and at SH 121 still need to be completed. This project will fund the completion of clamshells for the newly installed traffic signal poles that were installed previously with the FM 423 project. We need to purchase and install four clamshells for the Lone Star Ranch Parkway intersection and one clamshell at the SH 121 and FM 423 intersection. SUB-TOTAL 2,628,000 TOTAL 2,784,000 WP 280,000 Servicing Trinity Well # 1 Pumping Equipment at Clover Valley: • Pull and servicing pumping equipment will enhance and maintain the service of the equipment. • The well pump was installed in 2011, it is highly recommended to pull and inspect well pump every 8 to 10 years to prevent unexpected break downs water supply shortages. • Service would begin in the fall of 2020 in time to have well in service for to meet water demands for summer of 2021. WP 550,000 Pump Stations EI&C Rehab project PS # 2 Yr. 2021. Current available funding $1,032,938.19. An additional $550,000 is need for to complete Pump Station 2. TOTAL 830,000 GRAND TOTAL 4,427,938 CI 108,840 COURT 7,000 ANIMAL CTRL 150,000 WATER PROD 1,376,598 PUB WKS 156,000 ENGR 2,629,500 TOTAL 4,427,938 WATER AND WASTEWATER PROJECTS STREETS (CON'T) 25 of 25 133 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 2020 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute the proposed 2020-2021 Special and Aging Needs (SPAN) service contract. (Perez) Suggested Action: Attachments: FY2021TheColonyPresentation.pptx 20-21 The Colony Agreement.docx 2020-21 span agenda item narrative.docx Res. 2020-xxx SPAN Contract for Svcs 2020-2021.doc 134 Services for The Colony 9.1.20 135 The Colony Meals on Wheels Program FY19/20 Meals for The Colony residents: 7,501 meals served 76 clients COVID-19 Update: Since March 1, Meals on Wheels of Denton County has added on over 200 new clients. Prior to the COVID-19 pandemic, volunteers personally delivered hot meals to seniors. Our operations have now had to change- volunteers are delivering a week's worth of meals to seniors once a week. While this change is not ideal, we believe that this is necessary to keep both clients and volunteers safe, by minimizing exposure. Even though our volunteers are not seeing the seniors personally every day, we are still connecting with them. Everyone is contacted 3 times a week, once with the weekly delivery and two times a week with a friendly volunteer phone call. We continue to bring on new seniors to the program without a Wait List The Colony Meals on Wheels Program 136 Total trips: 772 trips, 128 monthly average. 19% decrease from 18/19 and 19/20 SC trips No trips from April-July due to COVID-19 Month Year Trips October 2019 210 November 2019 147 December 2019 142 January 2020 104 February 2020 122 March 2020 47 April 2020 0 May 2020 0 June 2020 0 July 2020 0 Nutrition 97% Recreation 2% Social 1%Nutrition: 750 Recreation: 11 Social: 11 Current Service (October 2019 – July 2020) The Colony Senior Center 137 •Medical: 652 •Workshop: 680 •Employment: 602 •Education: 234 •Shopping: 210 •Social/Recreation: 73 •Administrative (Social Security Office, Food Stamps, Jury Duty): 12 Total: 2,463 Average: 273 per month 36% decrease between 18-19 and 19-20 trips Medical, 26% Workshop, 28% Employment, 24% Education, 10% Shopping, 9% Social/Rec., 3% Month Trips Oct ’19 512 Nov ’19 407 Dec ’19 343 Jan ’20 393 Feb ’20 367 Mar ’20 252 Apr ’20 46 May 20 61 Jun’20 82 Jul‘ 20 - Current Service (October 2019 – July 2020) Demand Response 138 Oct Nov Dec Jan Feb Mar April May 18/19 DR 709 561 451 528 505 526 554 595 19/20 DR 512 407 343 393 367 252 46 61 SC 18/19 186 142 140 183 135 156 217 203 SC 19/20 210 147 142 104 122 47 0 0 0 100 200 300 400 500 600 700 800 18/19 DR 19/20 DR SC 18/19 SC 19/20 Trip Comparison 139 •The Colony: 1,416 •Lewisville: 426 •Carrollton: 563 •Flower Mound: 10 •Frisco: 21 •Denton: 12 •Plano: 14 •Other:2 57% 17% 23% 0%1%The Colony Lewisville Carrollton Flower Mound Frisco Denton Plano Other FY19 Destination City Count for Demand Response Service 140 COVID-19 Effect and Span Response From February to July, Span saw a 66% decrease in Demand Response and 76% in Senior Center trips as compared to last year. Span is encouraging all Riders to only take essential trips to support essential services and follow the advice of public health officials. Span passengers are either seniors or at-risk populations, and Span has been continuing to provide transportation to riders to go to critical medical appointments such as Dialysis and Chemotherapy. 141 In addition to increasing sanitation of vehicles and promoting social distancing, Span Transportation has incorporated the following: •All Span vehicles are deep cleaned and “fogged” regularly for full sanitation •All drivers and passengers are asked to wear masks on all vehicles. If a passenger does not have a mask, Span will be able to provide one. •Hand sanitizer is available on all vehicles for riders and drivers. •Passengers are asked to social distance and sit further apart to limit close contact among riders and drivers. •All riders are assessed prior to scheduling a trip on recent travel and potential exposure to COVID-19. •All drivers and riders are asked to stay home if feeling ill. Sanitation and Safety Measures 142 FY19-20 Contract: •250 contractually approved Senior Center trips per month (3,000 annual) •450 contractually approved Demand Response trips per month (5,400 annual) Total: 8,400 trips FY 2019-20 rate: $12.53 Budget: $105,252 FY20-21 Contract: Due to the CARES Act, federal funding will allow for 100% reimbursed billing without the need for local funding match SPAN demand response transportation will be provided to The Colony without fee. Ridership and Utilization 143 Current: Senior Center trip allocation of 250 per month •250 trips/month at $3.00 = $750.00 Annual Total: 3,000 trips= $9,000 Request: Senior Center trip allocation of 208 per month •208 trips/month at $3.00 = $624 Annual Total: 2,500 trips= $7,500 Senior Center Fare Reimbursement 144 ThankYou! 145 STATEOFTEXAS § COUNTY OF DENTON § CONTRACT FOR SERVICES THIS SERVICE AGREEMENT ("Agreement") is entered into by and between the City of The Colony, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "CITY") and SPAN, Inc., (hereinafter referred to as "SPAN"), a Texas non-profit corporation operating in Denton County, Texas as an organizationdescribed in Section 501(c)(3) of the Internal Revenue Code, acting by and through its duly authorized Executive Director. WHEREAS,SPAN enables people to live as fully and independently as possible by providing nutrition, transportation and social services to older persons, persons with disabilities, veterans, and the general public; and WHEREAS, the success of or failure of the SPAN's purposes and objectives has a direct impact on the health and welfare of the citizens of the City; and WHEREAS, the City is charged with the responsibility of promoting and preserving the health, safety, peace, good government, and welfare of its citizens; and WHEREAS, SPAN transportation services were developed to provide safe and efficient transportation to seniors, persons with special needs, veterans and as otherwise defined by agreements into which SPAN may enter from time to time; and WHEREAS, The CITY and SPAN desire to enter into this Agreement whereby SPAN will provide demand response transit service for CITY residents that are seniors (age 60 or older), people with documented disabilities, veterans, spouses of veterans and companions or personal care attendants of the aforementioned passenger types (hereafter referred to collectively as "Riders"), for residents of the retirement community Evergreen at Morningstar will receive limited trip purposes of medical treatments, doctor’s and dentist’s appointments, trips to get prescriptions filled; and WHEREAS, Riders in CITY are taken anywhere in SPAN’s demand response transit service area at a cost to the Riders of $3.00 for seniors (age 60 and older) and people with documented disabilities; and WHEREAS, Riders may call in at least one (1) day in advance, but no more than two (2) weeks in advance, to set up appointments for pick-up and drop off by calling SPAN'S Transportation Office at 940-382-1900 weekdays between the hours of 8:00 a.m. and 2:00 p.m.; and WHEREAS, Demand response transit service is available between the hours of 7:00 a.m.and 6:00 p.m. Monday through Friday excluding major holidays and subject to capacity constraints. 146 NOW, THEREFORE, THE CITY AND SPAN DO HEREBY COVENANT AND AGREE AS FOLLOWS: 1. Recitals The foregoing recitals are found to be true and correct, are fully incorporated into the body of this Agreement and made a part hereof by reference just as though they are set out in their entirety. 2.Scope ofTransportation Services SPAN shall provide door-to-door demand response transit services to CITY citizens residing in Denton County who are Riders in accordance with this Agreement and SPAN's "Transportation Policy and Procedures" which is attached hereto as Exhibit "A" and incorporated herein by reference as though it were set out in its entirety ("Policy"). In the event of conflict between this Agreement and the Policy, this Agreement shall control. In performing services under this Agreement, the relationship between the CITY and SPAN is that of an independent contractor. No term or provision of this Agreement or act of SPAN in the performance of this Agreement shall be construed as making SPAN the agent, servant,or employee of theCITY. 3.SPAN Transportation Operations a.SPAN shall provide all equipment, facilities, qualified employees, training, and insurance necessary to establish a demand response transit service for the CITY's Riders. SPAN shall further establish, operate, and maintain an accounting system for this program that will allow for a tracking of services provided to Riders anda review of the financial status of the program.SPAN shall also track and break down the information regarding the number of one-way trips it provides to Riders. b.The CITY shall have the right to review the activities and financial records kept incident to the services provided to the CITY's Riders by SPAN. In addition, SPAN shall provide monthly ridership information to the City Manager or his/her designee specifically identifying the number of Rider trips including rider origination, destination, and purpose. c.SPAN will be responsible for verifying and documenting the eligibility of Riders. SPANreserves the right to determine on an individual basis whether SPAN has the capability to safely transport a passenger. In the event that safety is compromised, SPAN may decline transportation for this person and must document the reason why service was declined. d.Span will inform riders that their trips to the doctor or dentist’s office, hospital, drug store or other location may qualify as a Medicaid eligible trip. SPAN will direct potential Medicaid eligible riders to call Texas Health and Human Services toll free at 1-877-633-8747 (TTY: 1-800-735-2989) or 1-877-MED-TRIP on Monday through Friday between 8:00 a.m. and 5:00 p.m. at least two days before their appointment or trip to schedule free transportation through Medicaid. 4.Payment 147 Due to the CARES Act, federal funding for transportation services will allow for 100% reimbursed billing without the need for local funding match CARES Act funds allow for Federal funds to reimburse transportation expenses incurred by CITY. SPAN demand response transportation will be provided to the CITY without fee for the entirety of the agreement. a.Span will produce monthly trip reports to help monitor usage and will work with the City to implement limitations as needed to attempt to ensure that funding is sufficient for the entire length of this contract. The City will restrict and/or eliminate nonmedical trip purposes as needed when funding is insufficient and will give span the authority to not accept new riders for those trip purposes until appropriate funding is available. b.It is further understood and agreed that the service provided hereunder shall be secondary to and not in lieu of or as a substitute for transportation services available through or funded by Medicare and/or Medicaid or any other program, insurance or provider. c.If any otherwise Eligible Rider contacts Span for service and the Eligible Rider’s trip does not qualify for payment by the City under this Agreement and/or there are no remaining trips or funding available under this Agreement for such trip, Span may offer its service to an otherwise Eligible Rider at the total cost of thirty-six dollars and ninety-four cents ($36.94) per one-way trip within the Demand Response Transit Service area. 5.Senior Center Trip Fare Reimbursement In addition, the City of The Colony hereby agrees to pay an amount not to exceed Seven Thousand and Five Hundred 00/100 dollars ($7,500.00) as reimbursement for Senior Center attendees' transportation/fares to and from the Senior Center based on 2,500 City of The Colony residents’ fare cost of $3.00 per trip. Reimbursement of Senior Center fares shall be processed according to the following: May 2021- SPAN may invoice the City of the Colony - (include ridership/trip counts for October 2020- March 2021) October 2021 -SPAN may invoice the City of the Colony - balance of ridership for the year (include ridership/trip counts for April 2021- September 2022) Total Fare Reimbursement for FY 2020-21 shall not exceed $7,500.00. 6.General Services Support In addition to the transportation services described above, SPAN covenants and agrees that it shall provide its services to City residents including: a.Meals at the Senior Center b.Home delivered meals 148 c. Nutrition education to meal program participants. For the operation and provision of the services described in this Article 7, the City shall pay the SPAN the sum of Seven Thousand Five Hundred and no/100 dollars ($7,500.00) upon execution of this Contract for Services. 7.Indemnification SPAN assumesall liability andresponsibility forand agrees tofullyindemnify,hold harmless and defend the CITY, and its officials, officers, agents, servants and employees from and against any and all claims, damages, losses and expenses, including but not limitedto attorney's fees, for injury to or death of a person or damage to property,arisingout of or in connection with, directly or indirectly, the performance, attempted performance or nonperformance of the services described hereunder or in any way resulting from or arising outof themanagement, supervision, and operation oftheprogram and activities of SPAN.In the event of joint and concurring responsibility of SPAN and the CITY, responsibility and indemnity,if any,shallbe apportioned comparatively in accordancewith TexasLaw,without waiving any defense of either party under Texas Law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person orentity. 8.Insurance SPAN shall obtain public liability insurance of the types and in the amounts set forth below from an insurance carrier or underwriter licensed to do business in the State of Texas and acceptable to the CITY.SPAN shall furnish CITY with certificates of insurance or copies of the policies, evidencing the required insurance on orbefore the beginning date of this Agreement. SPAN agrees to submit new certificates or polices to CITY on before the expiration date of the previous certificates or policies. The insurance shall be the following types in amounts not less that indicated: a.Comprehensive General (Public) Liability Insurance or its equivalent includingminimum coverage limits of $1,000,000 per occurrence combined single limit for bodily injury and property damage. b.Automobile Liability Insurance including minimum coverage limits of $1,000,000 per combined single limit for bodily injury and property damage. c.On all insurance required, SPAN shall require insurance providers to: Name the CITY, and its officials, officers and employees, as additional insureds and provide thirty (30) days written notice to CITY of any material change to or cancellation of the insurance. 9. Assignment and Delegation Neither party shall assign or delegate the rights or obligations under this Agreement without the prior written consent of the other party. 149 10. Severability In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in full force and effect as to the balance of its provisions and shall be construed as if such invalid provision were not a part hereof. 11. Mediation In the event of any dispute regarding this Agreement or the terms contained herein, the parties hereto agree that they shall submit such dispute to non-binding mediation. 12. Term of Agreement The term of this Agreement shall be from October 1, 2020 through September 30, 2021. Either party may modify this Agreement by submitting,in writing, the proposed amendment to be considered and executed by both parties. This Agreement may be terminated with or without cause by either party by giving thirty (30) days written notice to the other party oftheir intentto terminate the Agreement. In the event the CITY terminates without cause, Span shall be entitled to receive just and equitable compensation for any satisfactory work completed in accordance with this Agreement and prior to the termination. This Agreement shall automatically terminate upon the exhaustion of the seven thousand nine hundred and eighty five (7,985) one-way trips provided for by this Agreement. The services provided under this Agreement may be, in part, eligible for reimbursement from Federal grant funds under the §5310 Enhanced Mobility for Seniors and People with Disabilities Program. SPAN shall utilize the available §5310 grant funds, if available, to provide trips to Eligible Riders using such funds. SPAN shall comply with all necessary requirements of the 5310 program. 13. Applicable Law Venue This Agreement shall be governed by, construed, and enforced in accordance with the laws ofthe State of Texas, and venue for any claim or cause of action shall lie exclusively in Denton County, Texas or the Federal courts having jurisdiction over claims arising in Denton County, Texas. 14. Attorney's Fees and Costs In the event it becomes necessary to take legal action to enforce the terms of this Agreement,the prevailing party in such action shall be entitled to recover attorney's fees and costs of court from the non-prevailing party. 15.Federal Transit Administration Enhanced Mobility for Seniors and People with Disabilities (§5310) grant As outlined above, the services provided under this Agreement may be, in part, eligible for funding through the Enhanced Mobility for Seniors and People with Disabilities (§5310) grant 150 program. In the event that §5310 grant funds are made available, SPAN shall comply with all necessary requirements of the grant program and amend this contract to comply with §5310 grant guidelines. SPAN shall assume all responsibility for invoices, submittals and required reporting, unless otherwise requested in writing to CITY. IN WITNESS WHEREOF the CITY of The Colony and Span, Inc. have executed this Agreement on this the ___ day of ______________2020. SPAN, INC: Michelle McMahon, ExecutiveDirector City of The Colony _____________________________________ Troy Powell, City Manager ATTEST: Tina Stewart, City Secretary 151 This item is to consider adopting the proposed 2020-21 SPAN service contract. This is the sixth service contract brought before Council to consider between The Colony and SPAN. The Covid-19 pandemic as presented challenges and opportunities to SPAN under the current contract and they have successfully adapted to the changing landscape during that time to continue to safely provide transportation and meals on wheels service to residents of The Colony. As you will see in the presentation, this contract is unique in that there is not a dollar amount assigned to the transportation portion of the contract. This is due to SPAN’s successful application and award of grant funding made available through the CARES act to fully cover transportation costs in the proposed contract. With that said, the funding requests proposed in the 2020-21 contract are for items covered in previous contracts that are unique to The Colony’s service contract with SPAN being the senior center trip reimbursements and meals on wheels programming. SPAN is projecting an increase in demand for Meals on Wheels service considering the uncertainty surrounding the operation of the senior center where many of the meals have historically been delivered. To adapt to the challenges Covid-19 presented with respect to this service, SPAN made adjustments in their service model to include members of the senior center who had not received meals at home prior to the pandemic to ensure they were provided the option to receive home deliveries. Many opted to receive at home meal delivery leading to an increase in meals deliveries overall. The same assumption has been made in drafting the proposed 20-21 contract and as such, an increase of $1500 to the Meals on Wheels program is being proposed. With that said, the total funding request for the 20-21 contract is $15,000. 152 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROPOSED FISCAL YEAR 2020-2021 CONTRACT FOR SERVICES BY AND BETWEEN THE CITY OF THE COLONY AND SPAN, INC.; 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, has duly reviewed and considered the contract for services by and between the City of The Colony and SPAN, INC. for the purpose of providing nutrition, transportation and social services to older persons, persons with disabilities, and veterans for the 2020- 2021 fiscal year. Section 2. That this Contract for Services attached hereto as Exhibit “A”, is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. 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 1 st day of September 2020. __________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ________________________________ Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: __________________________________ Jeff Moore, City Attorney 153 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Ordinance Agenda Section: Subject: Discuss and consider approving an ordinance canceling the November 3, 2020 city council election for single-member district Place 6 and declaring the unopposed candidate elected. (Stewart) Suggested Action: Attachments: Ord. 2020-xxxx Declaring Unopposed Candidates Nov Election.docx 154 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2020-________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, DECLARING THE UNOPPOSED CANDIDATE FOR PLACE 6 IN THE NOVEMBER 3, 2020 GENERAL ELECTION ELECTED TO OFFICE; CANCELLING PLACE 6 ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the general election for the City of The Colony, Texas (“City”) was called for November 3, 2020, for the purpose of electing single member district members to the City Council of the City; and WHEREAS,the City Secretary has certified in writing that there is no proposition on the ballot, that no person has made a declaration of write-in candidacy,and that the candidate for Place 6 City Council Districts are unopposed for election to office; and WHEREAS,under these circumstances, Section 2.053 the Texas Election Codeauthorizes the City Council to declare the candidate elected to office and cancel the election. NOW, THEREFORE, BE IT ORDAINEDBY 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: Election of Unopposed Candidates. The following candidate, who is unopposed in the November 3, 2020 general election, is declared elected to office, and shall be issued a certificate of election following the time the election would have been canvassed: Joel Marks, Council Member, Place 6 SECTION 3: Cancellation of Election. The November 3, 2020 general election for City Council Place 6 is cancelled, and the City Secretary is directed to cause a copy of this Ordinance to be posted on Election Day at each polling place that would have been used in the election. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause and/or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional or invalid SECTION 5: Effective Date.This Ordinance shall become effective immediately upon its adoption. 155 PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 1st day of September 2020. ___________________________ Joe McCourry, Mayor ATTEST: ____________________________ Tina Stewart, TRMC, City Secretary 156 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 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). C. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge. D. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Suggested Action: Attachments: 157 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: September 1, 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). C. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge. D. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Suggested Action: Attachments: 158