HomeMy WebLinkAbout2020 1104Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 2020
Submitted by: Eve Morgan
Submitting Department: Parks & Recreation
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation: Arbor Day 2020
Suggested Action:
Attachments:
Proclamation Arbor Day 2020.doc
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MAYORAL PROCLAMATION
WHEREAS,in 1872, J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and,
WHEREAS,the holiday, called “Arbor Day”, was first observed with the
planting of more than a million trees in Nebraska; and,
WHEREAS,Arbor Day is now celebrated nationwide around the world; and,
WHEREAS,trees can reduce the erosion of our precious topsoil by wind and
water, lower our heating and cooling costs, moderate the temperature, clean the air,
produce oxygen, and provide habitat for wildlife; and,
WHEREAS,trees are a renewable resource giving us paper and wood for
our homes, fuel for our fires, and countless other wood products; and,
WHEREAS,treesin our cityincrease property values,enhance the economic
vitality of our business areas, and beautify our community; and,
WHEREAS,trees, wherever they are planted, provide a source of joy and
spiritual renewal.
NOW, THEREFORE,I, Joe McCourry, Mayor of The Colony, Texas, do
hereby proclaim Friday, November 6, 2020 as
ARBOR DAY
in the City of The Colony, and I encourage all citizens and businesses to join me in
the celebration thereof and to support efforts to protect our trees and woodlands, by
preserving both the natural and urban forest and by planting trees in our
communities to promote the well-being of this and all future generations.
SIGNED AND SEALED this 4
th day of November 2020.
Joe McCourry, Mayor
ATTEST:City of The Colony, Texas
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 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:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for October 20, 2020. (Stewart)
Suggested Action:
Attachments:
October 20, 2020 DRAFT Minutes.docx
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
OCTOBER 20, 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 20
th day of October 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 (arrived at 6:53 p.m.)
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
Councilmember Schrag 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
Councilmember Terre announced dates, times and locations of the three polling
sites in The Colony for early voting for the upcoming General Election on
November 3, 2020.
City Manager, Troy Powell, acknowledged the Community Clean Up that took
place over the weekend. He stated during the clean-up the shredding component
did not take place, however the City has rescheduled a day specifically for
shredding on November 7, 2020 between the hours of 8:00 a.m. and 12:00 p.m. at
Hawaiian Falls.
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City Council – Regular Meeting Agenda
October 20, 2020
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2.0 CITIZEN INPUT
Madeline Sertner, Alumni Relations Coordinator, The Pride Alumni & Friends, registered
online regarding the painting on South Horseshoe Trail.
3.0 WORK SESSION
3.1 Receive a presentation, discuss and provide direction to staff regarding traffic at
Main Street and Ridgepointe Drive.
Councilmember Schrag provided an overview on this item. Assistant City
Manager, Tim Miller, reviewed the item with Council and provided
recommendations to install 1-2 stop signs at Highridge Drive and Saddleridge
Drive.
Council provided discussion on this item and directed staff to move forward with
installing two stop signs, one at Highridge Drive and one at Saddleridge Drive.
Councilmember Marks arrived at 6:53 p.m.
3.2 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Marks; second by Wade, motion carried
with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for October 7,
2020.
4.2 Consider approving a resolution authorizing the City Manager to execute a contract
with InSite Amenities for the purchase and installation of pavilions at Perryman
Park, Friendship Park and Slay/Baker Park in the amount of $214,175.00 through
the BuyBoard Purchasing Cooperative with funding from the Community
Development Corporation.
RESOLUTION NO. 2020-061
4.3 Consider approving a resolution authorizing the City Manager to execute Consent
to Easement Agreement with the U. S Army Corps of Engineers to allow
construction of a portion of The Tribute Shoreline Nature Trail adjacent to The
Tribute Westbury neighborhood.
RESOLUTION NO. 2020-062
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4.4 Consider approving a resolution to authorize the setting of a public hearing by the
City Council for December 1, 2020 at 6:30 pm in accordance with the requirements
of Chapter 395 of the Texas Local Government Code related to the update of the
City's Impact Fee Ordinance.
RESOLUTION NO. 2020-063
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss and consider an ordinance for amendments to
Planned Development-19 (PD-19) District (Ordinance no. 01-1333), by modifying
Exhibits B, C, D, and E for the development of an approximately 97.55 acre tract
of land for Business Park (warehouse and light fabrication and assembly) uses. The
subject site is located east of Standridge Drive, north of Memorial Drive, west of
Main Street and south of the Ridgepointe neighborhood.
Senior Planner, Isaac Williams, reviewed the proposed ordinance with
Council. Mr. Williams stated the applicant requests amendments the Planned
Development-19 (PD-19) Ordinance to modify and provide updates to the
permitted land uses within the development, the configuration of buildings,
buffering, parking, landscaping and establish the phasing and timing of
infrastructure and utilities. The Development Review Committee recommends
approval of the proposed amendments. On October 13, 2020 the Planning and
Zoning Commission voted 7-0 to recommend approval of the amendments to
Planned Development-19.
Bill Dahstrom, 2323 Ross Avenue, Ste. 600, Dallas; John Lueders, 7320 Brentfield
Drive; Dave Littlejohn, 1201 Bowser Road, Richardson; Jonathan Vinson, 2323
Ross Avenue, Ste. 600, Dallas; and Eric Gilbert, 6146 Flutie Lane, Clarksville,
MD, all appeared in support of this item and were available for questions put
forward by Council.
The public hearing was opened at 7:29 p.m. Allen Harris, 4573 Shadowridge,
Drive, appeared in support of this item. Four individuals registered in support of
the proposed ordinance. There being no other speakers the public hearing was
closed at 7:31 p.m.
City Council provided discussion on this item and recommended staff to move
forward on this item with the stipulation of no entrance further north than the
Meridian entrance.
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October 20, 2020
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Motion to approve with the stipulation of no entrance further north than the drive into Meridian
(Cameron Bay Drive)-Schrag; second by Mikulec, motion carried with all ayes with the
exception of Councilmember Wade voting no.
ORDINANCE NO. 2020-2408
5.2 Conduct a public hearing, discuss and consider an ordinance for amendments to
Planned Development-22 (PD-22) District (Ordinance no. 08-1772), by modifying
Exhibit B, "permitted land uses by category" and adding an "arts and crafts fair"
use and "farmers market" use.
Senior Planner, Isaac Williams, reviewed the proposed ordinance with
Council. Mr. Williams stated the applicant requests to add to the permitted land
use of the Austin Ranch Planned Development (PD-22). These land uses are being
added in anticipation of future outdoor events within the designated areas of the
Town Center II sub-district. The Development Review Committee recommends
approval of the proposed amendments. On October 13, 2020 the Planning and
Zoning Commission voted 7-0 to recommend approval of the amendments to the
Planned Development-22 with stipulations.
Tom Holland, 1722 Routh Street, Ste. 700, Dallas, appeared in support of this item
and was available for questions put forward by Council.
The public hearing was opened at 8:40 p.m. and closed at 8:41 p.m. with no
speakers.
Council provided discussion on this item.
Motion failed due to lack of a motion.
5.3 Discuss and consider approval of an ordinance for the Site Plan application for a
proposed redevelopment of a 2,370 square-foot restaurant known as Dunkin' on an
approximately 29,495 square-foot tract of land located at 4907 Main Street, located
north of the intersection of Main Street and Westport Drive, within the Shopping
Center (SC) Zoning District and the Gateway Overlay District.
Senior Planner, Isaac Williams, reviewed the proposed ordinance with
Council. Mr. Williams stated the applicant requests to redevelop the existing
building to include new facades, landscaping, drive-thru, parking and
lighting. The Development Review Committee finds the Site Plan meets the
requirements of the Zoning Ordinance. On October 13, 2020 the Planning and
Zoning Commission voted 7-0 to recommend approval of the Site Plan.
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City Council – Regular Meeting Agenda
October 20, 2020
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The public hearing was opened at 8:40 p.m. and closed at 8:41 p.m. with no
speakers.
Council provided discussion on this item.
Motion to approve- Boyer; second by Wade, motion carried with all ayes.
ORDINANCE NO. 2020-2409
5.4 Discuss and consider a resolution of the City Council of the City of The Colony,
Texas, designating the hotel to be constructed on an approximately 1.3 acre tract of
land located within the Grandscape Addition, an addition to the City of The Colony,
Denton County, Texas, as a qualified hotel and is part of a qualified hotel project.
Assistant City Manager of Operations, Tod Maurina, reviewed the proposed
resolution to Council.
Council provided discussion on this item and recommends staff to move forward
with revisions to the proposed resolution as stated.
Motion to approve- Wade; second by Mikulec, motion carried with all ayes.
RESOLUTION NO. 2020-064
***ITEM REMOVED FROM THE AGENDA WITH NO DISCUSSION***
5.5 Discuss and consider a resolution consenting to The Colony Local Development
Corporation Tax Increment Contract Revenue Refunding Bonds Series 2020.
Executive Session was convened at 9:07 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.
***ITEM REMOVED FROM THE AGENDA WITH NO DISCUSSION***
B. Council shall convene into a closed executive session pursuant to Section
551.087 of the Texas Government Code regarding commercial or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
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City Council – Regular Meeting Agenda
October 20, 2020
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Regular Session was reconvened at 9:15 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.
B. Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s).
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 9:15 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for the month of September 2020. (Council)
Suggested Action:
Attachments:
City Council September Expenditures.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 2020
Submitted by: Chris Chandler
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an agreement with A-USA Jail Service
to provide a phone system for inmates to use while incarcerated in The Colony Jail. (Chandler)
Suggested Action:
We sent out an RFQ requesting companies to bid on providing phone services and equipment for the jail. Our
current company is pulling out of Texas and will no longer provide services to anyone within our state. We
received two (2) bids back by the deadline date, Cen-Tex Pay Telephone Co., Inc. and A-USA Jail Services.
Based on the evaluation factors set by us, IT, and finance, we recommend that we go with the proposal from
A-USA Jail Services. Both proposals are uploaded with this agenda item.
Attachments:
Cen-Tex Pay Telephone Co., Inc..pdf
Reference Letters.pdf
The Colony - BID PACKET - Jail Imate Phones.doc
A-USA Jail Services.pdf
Res. 2020-xxx A-USA Services - Jail Phone System.doc
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REQUEST FOR PROPOSAL
RFP # 75-20-18_PHONE SYSTEM FOR INMATES
PROPOSAL, CONTRACT, FORMS,
AND SPECIFICATIONS
ANNUAL CONTRACT
PHONE SYSTEM FOR INMATES OF THE
CITY OF THE COLONY JAIL
CITY OF THE COLONY
DENTON COUNTY, TEXAS
JOE MCCOURRY, MAYOR
CITY COUNCIL
KIRK MIKULEC RICHARD BOYER
BRIAN WADE DAVID TERRE
PERRY SCHRAG JOEL MARKS
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INVITATION FOR RFP
RFP NUMBER 75-20-18 PHONE SYSTEM FOR INMATES DATE: July 24, 2020
Formal bids will be received at http://www.bidsync.com, the Bidsync website, until 2:00 p.m., local time, Tuesday, August 11,
2020. Please download the specifications and bidding documents from the BidSync website. There is no fee for registering
or bidding on this project through Bidsync. The City has the option to renew the bid for four (4) additional one (1) year
periods.
ANNUAL CONTRACT FOR INMATE PHONE SYSTEM
RFP #75-20-18 INMATE PHONE SYSTEM
Specifications, bid proposal forms and instructions to bidders may be downloaded from the Bidsync web site noted above. The
City is not responsible for any vendor's costs associated with the preparation of the bid. Any addenda will be posted on the
Bidsync web site and bidders may download them. Registered bidders will be sent notification of the addenda the same day they
are posted. Therefore, it is very important that bidders register with Bidsync. Should a vendor bid an alternate; any test costs to
prove equality of product will be at the expense of the vendor, not the City of The Colony. Any use of brand names should be
considered descriptive rather than restrictive.
All prices quoted shall be F.O.B. destination, The Colony, Texas.
Any bids received after the time listed above, regardless of the mode of delivery, shall be deemed non-responsive. All bidders
are invited to view the bid results on the BidSync website at the time of opening.
All questions should be submitted through the BidSync website.
The City of The Colony reserves the right to reject any or all bids, in whole or in part, to waive any informality in any bid, and to
accept the bid, which, in its discretion, is in the best interest of the City of The Colony.
Sincerely,
Alice Pitts
Alice Pitts
Accounting Manager
City of The Colony
PUBLICATION DATES: July 24, 2020 and July 31, 2020 – Dallas Morning News
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INSTRUCTIONS TO BIDDERS
1. INSTRUCTIONS:These instructions apply to all bids/quotations and become a part of the terms
and conditions of any bid or quotation submitted.
2. MAKE-MODEL: Items must be the best and latest model available of the type specified. Please
quote as listed or equal. If item offered is other than as specified, bidder must indicate make,
model and part number of the product quoted. Complete catalog or brochure showing in detail
the item offered must accompany the bid, if available.
3. SPLIT-AWARD: The City of The Colony reserves the right to award a separate contract to
separate vendors for each item/group or to award one contract for an entire bid.
4. LOCAL PREFERENCE, the City Council has the right to award to the local bidder if it is within
five (5%) percent of the low non-local bidder if they decide, in writing, that the local bidder offers
the best combination of contract price and additional economic development opportunities for the
local government. This pertains only to the purchase of real property or personal property not
affixed to real property.
5. PRICING: Price(s) quoted must be held firm for ninety (90) days to allow for evaluation unless
otherwise noted in the bid document.
6. F.O.B./DAMAGE: Quotations shall be bid F.O.B. Inside Delivery, Designated Facility, The
Colony, Texas, and shall include all delivery and packaging costs. The City of The Colony
assumes no liability for goods delivered in damaged or unacceptable condition. The successful
bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement
goods immediately upon notification by the City of damage.
7. INVOICES: Invoices must be submitted by the successful bidder, in duplicate, to the attention of
Accounts Payable, 6800 Main Street, The Colony, Texas 75056-1133.
8. TERMS: The terms and conditions of the bid will be considered when evaluating for award. The
City will compute and consider prompt payment discounts, if any, offered by a bidder in
determining the low bid.
9. TAXES: The City of The Colony is exempt from Federal Manufacturer’s Excise, and State Sales
taxes. TAX MUST NOT BE INCLUDED IN THE BID. Tax exemption certificates will be executed
by the City and furnished upon request.
10. SPECIFICATIONS-SAMPLES: Any catalog, brand name, or manufacturer’s reference in the
Request for Bid/Quotation is descriptive and NOT restrictive, and is used to indicate type and
quality level desired for comparison unless otherwise noted. Bids on brands of like nature and
quality will be considered unless specifically excluded. If bidding on other than reference, bid
must certify article offered is equivalent to specifications. Samples, if required, shall be furnished
free of expense to the City. SAMPLES SHOULD NOT BE FURNISHED UNLESS REQUESTED.
11. DELIVERY PROMISE – PENALTIES: Bids/Quotations MUST show the number of calendar
days required to place the materials in the possession of the City. DO NOT quote shipping dates.
Consistent failure of a bidder to meet his delivery promises without valid reason may be cause for
removal from the bidder’s list. When delivery delays can be foreseen, the bidder shall give prior
notice to the Purchasing Office which shall have the right to extend the delivery due date if
reasons for the delay appear acceptable. Default in promised delivery, without acceptable
reasons, or failure to meet specifications, authorizes the Purchasing Office to purchase the goods
elsewhere, and charge any increase in cost and handling to the defaulting bidder.
12. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first class condition
in containers suitable for damage-free delivery and storage.
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13. DELIVERY TIMES: Deliveries will be acceptable only during normal working hours at the
designated City facility.
14. PATENT RIGHTS: The Vendor agrees to indemnify and hold the City harmless from any and all
claims involving patent right infringement or copyrights on goods supplied.
15. EVALUATION: Response to the specifications in the bid is of primary importance in determining
the lowest responsible bid.
16. FUNDING: The City of The Colony is a home-rule municipal government operated and funded on
an October 1 to September 30 fiscal year. Accordingly, the City reserves the right to terminate,
without liability to the City any contract for which funding is no longer available.
17. ASSIGNMENT: The successful bidder shall not sell, assign, transfer or convey this contract in
whole or in part, without the prior written consent of the City.
18. AUDIT: The City of The Colony reserves the right to audit the records and performance of the
successful bidder during the term of the contract and for three (3) years after the contract is
completed.
19.PROTESTS: All protests regarding the bid solicitation process must be submitted in writing to the
City Purchasing Agent within five (5) working days following the opening of the bids. This
includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other
related procedures under the Local Government Code, as well as any protest relocating to
alleged improprieties with the bidding process. This limitation does not include protests relating
to staff recommendations as to award of this bid. Protests relating to staff recommendations may
be directed to the City Council by contacting the City Secretary. All staff recommendations may
be made available for public review prior to consideration by the City Council. Failure to protest
within the allotted time shall constitute a waiver of any protest.
20.NO BID: If bidder does not wish to bid at this time but wishes to remain on the bidder’s list for
this product/service, please submit a “NO BID” by the time and at the same location as stated for
the bid opening. If response is not received in the form of a “BID” or a “NO BID” for three (3)
consecutive requests for bids/quotes, the bidder shall be removed from the bidder’s list. If,
however, you choose to “NO BID” this product and/or service and wish to remain on the bidder’s
list for other commodities and/or services, please state what particular products and/or services
under which you wish to be classified. The City of The Colony is very conscious and extremely
appreciative of the time and effort you have expended to submit the bid. We would appreciate
you indicating on your “NO BID” response any requirements of this bid request which may have
influenced your decision.
21.WITHDRAWAL OF BIDS: A bid may not be withdrawn or canceled by the bidder for a period of
ninety (90) days following the date designated for the receipt of the bids, and bidder so agrees
upon submittal of their bid.
22.CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect
the terms, conditions or specifications stated in the resulting contract. All change orders to the
contract will be made in writing by the City of The Colony.
23.ADDENDA: Any interpretations, corrections or changes to this Invitation for Bid/Proposal/Quote
and specifications will be made by ADDENDA. Sole authority to issue addenda shall be vested in
the City of The Colony.
24.MINIMUM STANDARDS FOR RESPONSIBLE BIDDERS:The bid award shall follow the criteria
of Best Value as stated in Section 252.043 of the Texas Local Government Code. A prospective
bidder must affirmatively demonstrate bidder’s responsibility. A prospective bidder must meet the
following requirements:
a. The purchase price;
b. The reputation of the bidder and of the bidder’s goods or services;
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c. The quality of the bidder’s goods or services;
d. The extent to which the goods or services meet the City’s needs;
e. The bidder’s past relationship with the municipality;
f. The impact on the ability of the municipality to comply with laws and rules relating; to
contracting with historically underutilized businesses and non-profit organizations
employing persons with disabilities;
g. The total long-term cost to the municipality to acquire the bidder’s goods or services; and
h. Any relevant criteria specifically listed in the request for bids or proposals.
25.BIDDER SHALL PROVIDE with this bid response, all documentation required. Failure to provide
this information may result in rejection of the bid.
26.SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless the City of The Colony
and all its officers, agents and employees who are participating in this contract from all suits,
actions, or other claims of any character, name and description brought for or on account of any
injuries or damages received or sustained by any person, persons, or property on account of any
negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or
supplier in the execution of, or performance under, any contract which may result from the
contract award. Successful bidder shall pay any judgment cost which may be obtained against
the City of The Colony and participating entities growing out of such injury or damages.
27.TERMINATION FOR DEFAULT: The City of The Colony reserves the right to enforce the
performance of this contract in any manner prescribed by law or deemed to be in the best interest
of the City in the event of breach or default of this contract. The City reserves the right to
terminate the contract immediately in the event the successful bidder fails to (1) meet delivery
schedules, or (2) otherwise fails to perform in accordance with these specifications. Breach of
contract or default authorizes the City to award to another bidder, purchase elsewhere and
charge the full increase in cost and handling to the defaulting successful bidder.
28.TESTING: Testing may be performed at the request of the City without expense to the City.
29.REMEDIES: The successful bidder and the City of The Colony agree that each party have all
rights, duties, and remedies available as stated in the Uniform Commercial Code.
30.VENUE: This agreement will be governed and construed according to the laws of the Denton
County, Texas.
31.SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail
or to the omission from it of a detailed description concerning any point, shall be regarded as
meaning that only the best commercial products and practices are to prevail. All interpretations of
the specifications in this bid shall be made on the basis of this statement.
32.QUANTITIES shown are approximate and may vary according to the requirements of the City of
The Colony throughout the contract period.
33.INTERLOCAL AGREEMENT: Successful bidder agrees to extend prices and terms to all entities
who have entered into or will enter into joint Purchasing Interlocal Cooperation Agreements with
the City of The Colony,
34.VENDOR hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States 15 USCA Section et.seq. and
which arise under the antitrust laws of the State of Texas, Tex. Bus. Un. Com. Code, Section
15.01 et. seq.
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REQUEST FOR PROPOSALS
RFP #75-20-18
PHONE SYSTEM FOR INMATES
OF THE CITY OF THE COLONY JAIL
The City of The Colony is requesting proposals from interested companies to supply a phone
system for use by jail inmates. The phones are to be only used for collect calls.
Vendors are asked to submit their best proposals for an exclusive one (1) year contract with a
possibility of four (4) annual renewals. Please state the commission rate to be given to the City,
the cost for phone calls to the inmates, and any other incentives given to customers for like
contracts. This contract will begin within 90 days of RFP selection.
Commissions are to be paid monthly, addressed to the City of The Colony.
The City agrees not to grant any other operator any service rights during the contract term.
The City will notify the operator of any malfunction of telephone service and will allow operator
access to the facility during normal business hours for system repair and maintenance.
The City agrees to exercise reasonable care in preventing damage or destruction to the
telecommunications equipment installed under this agreement, but shall not be liable for such
loss, damage or destruction.
All phones, wiring and equipment, if any, shall be installed by the contractor at its expense and
the City hereby authorizes the contractor to contact the local telephone company to arrange for
removal, if necessary, of any existing telephone lines and the installation of new phone lines.
The contractor, at its option, may remove all telephone equipment and all other property
belonging to them with a thirty (30) day notice to the City.
All telephone and other equipment, fixtures and supplies furnished by the contractor shall
remain the contractor’s property. Upon termination of this agreement, the contractor shall have
the right to enter the location to remove all of its property.
The City may terminate this agreement if the contractor is in default (i.e. fails to submit
commissions in a timely manner monthly) if such default is not corrected within thirty (30) days
written notice.
Proposals will be accepted until 2:00 p.m., Tuesday, AUGUST 11, 2020. Any proposals
received after that date/time will not be accepted. Proposals shall be uploaded to the BidSync
web site.
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NON-COLLUSION STATEMENT
(Submit completed document as attachment on bidsync.)
The undersigned affirms that they are duly authorized to execute this contract, that this
company, corporation, firm, partnership or individual has not prepared this bid in collusion with
any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid
have not been communicated by the undersigned nor by any employee or agent to any other
person engaged in this type of business prior to the official opening of this bid.
Vendor:
Address (include City, State, and Zip):
Phone:
Fax:
Bidder (Name):
Signature:
Position With Co.:
Co. Official (Name):
Official Position:
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STATE RECIPROCAL REQUIREMENT
The City of The Colony, as a governmental agency of the state of Texas, may not award a
contract for general construction, supplies, materials, or equipment to a non-resident bidder
unless the non-resident's bid is lower than the lowest bid submitted by a responsible Texas
resident bidder by the same amount that a Texas resident bidder would be required to underbid
a non-resident bidder to obtain a comparable contract in the state in which the non-resident's
principal place of business is located (article 601g v.t.c.s.). Bidder shall answer all the following
questions by encircling the appropriate response or completing the blank provided.
1. Is your principal place of business in the state of Texas?
YES \ NO
If the answer to question 1 is "yes" no further information is necessary; if "no", please
indicate which state your principal place of business is located?
2. Does that state favor resident bidders (bidders in your state) by some dollar increment
or percentage?
YES \ NO
If "yes", what is that dollar increment or percentage?
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Page 10 of 14
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SAMPLE - INMATE TELEPHONE SYSTEM AGREEMENT
This Agreement is made this _____day of _______________, 2020, by and between
__________________________________ (hereinafter referred to as the “Company”)
with principal offices located at ____________________________, TX _______ and
the City of The Colony, Texas, a Texas home-rule municipality (hereinafter referred
to as the “City”), with principal offices located at 6800 Main Street, The Colony, TX
75056-1133.
RECITALS
WHEREAS, The Company will install and maintain the inmate Telephone
System Agreement - ________________ (The Company) is a complete turnkey
Inmate Calling Network with investigative, technical an administrative communication
features; and
WHEREAS, the Company will provide and maintain for the life of the
Agreement new inmate telephones to be installed at the City of The Colony Police
Department located at 5151 North Colony Blvd., The Colony, TX 75056-1133; and
WHEREAS, the City of The Colony, operates and/or manages a correctional
facility/detention center; and
WHEREAS, the City of The Colony, desires to enter into this Agreement in
order to permit Inmates/Detainees the use of company installed telephones to place
collect, collect pre-paid, and/or Debit calls via ______________ inmate phone
system - __________; now
THEREFORE, in consideration of the premises and of the mutual convenants
and agreements contained herein, the parties do hereby contract and agree as
follows:
1.1 Services
(a) Collect Calls To the extent consistent with applicable federal and state
laws, rules and regulations. Company agrees to provide, and the City of
The Colony hereby agrees to accept the provision of operator services with
automated assistance for the City of The Colony Police Department. Each
operator service call originating from the telephones and placed through the
Company may be charged “collect” to pre-approved destinations. Company
will validate each call through the National Line Information Database (LIDS)
and will only process “collect” calls to destination points that do not have
registered blocks. Calls shall only be billed upon “acceptance” by the
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Page 12 of 14
destined party. Company shall notify each called destination that the call is
coming from a Correctional Center, announce the name of the
“caller/inmate”, provide an option to access rate information, and allow for
acceptance or denial of the call.
(b) Pre-Paid “Collect” Service. Company agrees to provide pre-paid collect
service as needed. The company will provide a toll-free access number for
friends and family to call to set up prepaid “collect” service accounts. The
Company shall also provide access to an internet-based website where
prepaid services can be ordered. Company shall also provide its “Friends
and Family” program.
(c) Inmate Phones. The Company agrees to provide the inmate phones for the
entire period of this Agreement. Including adding additional phones as
needed and requested by the City of The Colony.
(d) Communications Management System, __________. The Company agrees
to provide access to its inmate communications management system - the
Company shall provide the City of The Colony Police Department with the
ability to record and store all inmate calls, live monitor inmate calls, detail
reporting of call traffic, and all other options and services offered in the
Company’s proposal for Inmate Telephone Services.
(e) Time is of the Essence. All services offerings shall be considered null and
void (60) days after the City of The Colony’s receipt of the Company’s
proposal.
2.COMPENSATION
2.1 Commissions. The Company agrees to pay the City of The Colony, the
contracted percentage allowance of all billed and collected automated “collect”
operator service traffic and prepaid “collect” service.
2.2 Payment. The Company shall remit all due commissions to the City of The
Colony fifteen (15) days after the end of each calendar month (EOM).
2.3 Payment Calculation. Gross billable revenue is calculated as the sum of
minutes and charges. Commission due to the City of The Colony shall be
calculated as the product of the total gross billable revenue multiplied by the
contracted percentage allowance.
3.COMPLIANCE WITH LAW
3.1 Compliance with Law. Company shall comply with all laws, rules and
regulations affecting its obligations in conjunction with the provision of the
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including, without limitation, those relating to provision of information to End
Users regarding operator services.
4.TERMINATION AND CANCELLATION
4.1 Term. This Agreement shall commence on the date of installation of
_______________________ services and shall continue in full force and effect
for a period one (1) year term with the option of four (4) additional one (1) year
renewal terms as provided in Section 4.2 of this Agreement.
4.2 Renewal Options. Upon completion of the one (1) year term, the City at its
own discretion, may exercise an option to renew the terms of this Agreement,
for a period of four (4) additional one (1) year terms. The City of The Colony
Police Department will provide Company with sixty (60) day notice of its intent
to renew the Agreement. All terms and conditions shall remain in effect during
the subsequent renewal periods.
5.MISCELLANEOUS
5.1 Governing Law. This Agreement shall be construed under and in accordance
with laws of the State of Texas and shall be deemed performable in the City of
The Colony, Denton County, Texas. Denton County, Texas. Venue for any
action arising under this Agreement shall lie in the state district courts of
Denton County, Texas.
5.2 Assignment. Notwithstanding the foregoing, neither the City nor Company
may assign their rights and obligations under this Agreement without the prior
written consent of the other, which consent shall not be unreasonably
withheld.
5.3 Enforceability. The invalidity of enforceability of any provision of this
Agreement shall not affect the validity or enforceability of any other provisions
hereof.
5.4 Notice. Notice shall be deemed to have been received upon receipt of an
email to apitts@thecolonytx.gov. Notice to the Company shall be through
email.
5.5 Regulatory Requirements. This Agreement shall be construed in accordance
with applicable state and federal laws, rules and regulations.
5.6 Confidentiality. To the extent allowed by law, the Company and the City agree
to hold confidential all information shared that may be marked or indicated by
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the other. Access to the system cannot be granted to any non-designated
facility personnel.
5.7 Service Proposal for Inmate Telephone Service. It is agreed by both parties
that Company’s proposal to the City of The Colony Police Department for
inmate Telephone Service shall serve as an addendum to this Agreement. All
services, conditions, and terms set forth in Legacy’s proposal shall be
considered part of this Agreement.
In Witness Hereof, the Company and the City of The Colony have executed
this Agreement on the _________ day of ______________, 2020. The
individuals signing below warrant that they have the authority to sign for and
on behalf of the respective parties.
CITY OF THE COLONY COMPANY
Signature Signature
Name/Title (Please Print)Name/Title (Please Print)
Date Date
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN INMATE TELEPHONE SYSTEM
AGREEMENT BETWEEN THE CITY OF THE COLONY AND A-
USA JAIL SERVICES FOR THE PURPOSE OF PROVIDING
TELEPHONE SERVICE IN THE CITY JAIL, WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHBIT A; PROVIDING AN EFFECTIVE DATE
WHEREAS, The City of The Colony City Council has determined it to be in the
city’s best interest to enter into an agreement for telephone service in the city’s jail; and,
WHEREAS,upon review the City Council has determined that A-USA Jail
Service has offered the most desirable system; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
authorizes the city manager to execute an agreement with A-USA Jail Service for the
purpose of providing telephone service in the city jail which is attached hereto and
incorporated herein as “Exhibit”.
Section 2.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 4
th day of November, 2020.
______________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
_______________________________
Jeff Moore, City Attorney
173
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 2020
Submitted by: Shannon Stephens
Submitting Department: Fire
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Stryker Medical in
the amount of $62,974.70 for two LifePak 15 cardiac monitor defibrillators. (Thompson)
Suggested Action:
This purchase constitutes a continuation of the cardiac monitor/defibrillator replacement program. This
program assures that all department monitors remain within compliance of FDA standards of diagnostic
medical equipment adhering to a (10) year service life. This purchase includes trading in (2) LifePak 15
monitors that have been in service with the department for 10 years. Funding is currently in department line
item accounts.
Attachments:
LP15 x2 w serv w trade V1 x2.pdf
Res 2020-xxx Stryker Medical LifePak 15.doc
174
175
176
177
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ____
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING
THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO STRYKER
MEDICAL FOR THE PURCHASE OF TWO LIFEPAK 15 CARDIAC MONITOR
DEFIBRILLATORS; PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas, hereby authorizes
the City Manager to issue a purchase order in the amount of $62,974.70 to Stryker
Medical for the purchase of two LifePak 15 cardiac monitor defibrillators for the fire
department.
Section 2. That the City Manager or his designee authorized to issue said purchase
orders.
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 4th day of November, 2020.
______________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
________________________________
Jeff Moore, City Attorney
178
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 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 Engineering Design Services
Contract in the amount of $ 57,318.00 with Cobb, Fendley & Associates, Inc. for a Traffic Signal at the
intersection of Standridge Dr. and Memorial Dr. (Hartline)
Suggested Action:
Summary of Request: Consider approval of a resolution authorizing the City Manager to execute an Engineering
Design Services Contract in the amount of $ 57,318.00 with Cobb, Fendley & Associates, Inc. for a Traffic
Signal at the intersection of Standridge Dr. and Memorial Dr.
Background:
City Council approved funding for the design and installation of a new traffic signal at the intersection of
Standridge Drive and Memorial Drive in the 2020-2021 CIP budget. A warrant analysis was completed by Cobb,
Fendley & Associates, Inc. in 2020 and it showed that a signal is currently warranted at this intersection based
on current traffic loadings. The traffic signal will also assist with the increased vehicular traffic loads that will be
generated once the Live Oaks Logistic Park Development is opened.
The project will include the installation of 4 signal poles/mast arm assemblies, installation of a traffic signal
control box, traffic signal heads, pedestrian crossing signal heads, installation of new reinforced concrete
sidewalks, barrier-free ramps, installation of electric conduit, the placement of crosswalk pavement markings
and associated signage to provide a complete controlled signal for both vehicular and pedestrian traffic. The
design contract includes topographic surveying, intersection geometric analysis, preparing construction
specifications and drawings, bidding services, and construction management. The total cost of the Engineering
Services Contract with Cobb, Fendley & Associates, Inc. is $ 57,318.00. With approval, the project is
anticipated to start construction in April 2021 with an estimated completion in February 2022.
Recommendations:
Staff recommends approval of the Engineering Design Services Contract with Cobb, Fendley & Associates,
Inc. for a Traffic Signal at the intersection of Standridge Drive and Memorial Drive.
Suggested Motion:
I move to recommend approval of a resolution authorizing the City Manager to execute an Engineering Design
Services Contract in the amount of $ 57,318.00 with Cobb, Fendley & Associates, Inc. for a Traffic Signal at the
intersection of Standridge Drive and Memorial Drive.
179
Attachments:
Location Map
Financial Summary
Engineering Design Services Contract. Cobb Fendley & Associates. Memorial Dr. / Standridge Dr. Traffic Signal
Res. 2020-xxx Cobb, Fendley and Associates, Inc. Traffic Signal Contract.doc
180
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TWI N PO I NT
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Sam Rayburn TollwaySH 121 O ff R am pS H 121 O ff R am pSH 121 On RampJosey SH 121 On RampµStandridge Drive at Memorial Drive Traffic SIgnalLocation Map
North Colony Blvd
Project Location Live Oaks Logistic Park Development
181
Financial Summary:
Are budgeted funds available: Yes No Amount budgeted/available $ 350,000.00
(This is a budgeted project)
Fund(s) (Name and number): 895-669-6672
Cost of recommended construction bid/contract award: $57,318.00
$ 57,318.00 Engineering Already authorized Yes No
$ 292,682.00 Construction (Estimated) Already authorized Yes No
$ 350,000.00 Total estimated costs
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT TO COBB, FENDLEY &
ASSOCIATES, INC., FOR THE PURPOSE OF PROVIDING
ENGINEERING SERVICES FOR A TRAFFIC SIGNAL AT THE
STANDRIDGE DRIVE/MEMORIAL DRIVE INTERSECTION;
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 agreement by and between the City of The Colony and
Cobb, Fendley & Associates, Inc. for the purpose of providing engineering services for
a traffic signal at the Standridge Drive/Memorial Drive intersection.
Section 2. That this agreement 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
agreement on behalf of the City of The Colony, Texas, with the terms and conditions as
stated therein.
Section 3. That with this Amendment the City of The Colony is agreeing to
pay the sum not to exceed $57,318.00.00 for such work.
Section 4.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 4
th day of November 2020.
__________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, CMC, City Secretary
199
APPROVED AS TO FORM:
__________________________________
Jeff Moore, City Attorney
200
Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 2020
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $ 2,297,336.43 with Wilson Contractor Services, LLC for the Phase 2 Austin Ranch Force Main
Project. (Hartline)
Suggested Action:
Summary of Request: Consider approval of a resolution authorizing the City Manager to sign a Construction
Services Contract in the amount of $ 2,297,336.43 with Wilson Contractor Services, LLC for the Phase 2 Austin
Ranch Force Main Project.
Background:
City Council approved funding for the construction of the Austin Ranch Force Main Project in the 2016-2017 and
2018- 2019 CIP budgets.
In 2008, the City and the Billingsley Company teamed to jointly construct the Austin Ranch Lift Station and to
temporarily extend the force main to the gravity sewer line located in Plano Parkway. The sewer in Plano
Parkway drains into the Office Creek Trunk Sewer that also serves the 121 corridor including Grandscape, Top
Golf, Rooms to Go, and Cascades. With the new development projects in Austin Ranch, developments along
the SH 121 corridor and Grandscape; it is now necessary to complete the force main and take the Austin
Ranch wastewater flows off the Office Creek Trunk Sewer gravity system. The upgraded force main will
convey wastewater flows from the Austin Ranch Lift Station directly to the City’s treatment plant. By conveying
the wastewater directly to the treatment plant, additional capacity will become available in the Office Creek
Trunk Sewer for the new developments along the SH 121 corridor and Grandscape.
Phase 1 of the Force Main project was recently completed in September 2020. The Phase 2 project consists
of the installation of a 20-inch force main from the existing Austin Ranch Force Main discharge manhole located
in the Nebraska Furniture Mart (NFM) pickup exit to the new 20-inch pipe connection point that was completed
during the Phase 1 project near the intersection of Worley Drive and Paige Road. The City has acquired all the
required easements from various landowners for the Phase 2 project. The Phase 2 force main project will
include approximately 4,303 linear feet of 20-inch pipe installed by open cut and 1,243 linear feet of 20-inch pipe
installed by bore under SH 121 and installed in a steel casing pipe. The Phase 2 project will also include the
installation of approximately 5,555 linear feet of fiber optic conduit for the City’s IT Department. The fiber optic
conduit will generally parallel the 20-inch force main and be placed in the same trench.
The project bids were opened on October 13, 2020 and the low bidder was Wilson Contractor Services, LLC at
a cost of $ 2,297,336.43. Halff Associates, the Project Design Engineer, received positive feedback from
representatives that have worked with this firm on precious projects. Positive feedback regarding this firm was
received from the City of Lake Worth, City of Sachse and City of Aubrey. Based on this feedback, the engineer
recommends approval of the contract with this company. See attached Engineering Recommendation letter for
additional information.
201
Recommendations:
Staff recommends approval of a Construction Services Contract for the Phase 2 Austin Ranch Force Main
Project with Wilson Contractor Services, LLC. With approval, the project is anticipated to start construction in
January 2021 with an estimated completion in January 2022.
Suggested motion:
I move to recommend approval of a resolution authorizing the City Manager to sign a Construction Services
Contract in the amount of $ 2,297,336.43 with Wilson Contractor Services, LLC for the Phase 2 Austin Ranch
Force Main Project.
Attachments:
Location Map
Certified BId Tab
Financial Summary
Engineering Recommendation Letter
Res. 2020-xxx Construction Services Contract - Wilson Contractor, LLC.docx
202
!.
!. Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 500 1,000 1,500 2,000250Feet
Prop. Aus tin Ranch For ce MainProp. Aus tin Ranch For ce Main
14755 Preston Road, Suite 32514755 Preston Road, Suite 325Dallas, Texas 75254Dallas, Texas 75254(214) 631-6100(214) 631-6100www.apaienv.comwww.apaienv.comÜ
Legend
!.Existing FM Discharge Manhole
!.Connect to North Trunk Sewer
Ex. Force Main
Recommended North Route
Recommended South Route
Document Path: O:\Users\Share\rweinert\1438-009-01 (Austin Ranch)\GIS\Austin Ranch Map_v3.mxd Memorial Dr.Memorial Dr.Plano PkwyPaige RdS Colony BlvdNash Dr
203
204
Financial Summary:
Are budgeted funds available: Yes No Amount budgeted: $6,317,000.00
Amount available: $3,621,672.33
Fund(s) (Name and number): 2016-2017 Bond Fund
2018-2019 Bond Fund
Cost of recommended bid/contract award: $2,297,336.43
Total estimated project cost:
$ 90,665.00 Engineering (Alan Plummer Associates) Already authorized Yes No
$ 489,244.00 Engineering (Halff Associates) Already authorized Yes No
$ 1,884,263.00 Construction cost (Completed Phase 1) Already authorized Yes No
$ 2,297,336.43 Construction cost (Phase 2) Already authorized Yes No
$ 0.00 Other costs
$ 4,761,508.43 Total estimated costs
205
206
207
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 A CONSTRUCTION SERVICES CONTRACT WITH WILSON
CONTRACTOR SERVICES, LLC, FOR THE PHASE II AUSTIN RANCH
FORCE MAIN PROJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of
Wilson Contractor Services for the Phase II Austin Ranch Force Main Project; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Construction Services Contract with Wilson Contractor Services, LLC, a copy of which is
attached hereto as ”Exhibit”, and is incorporated herein for all purposes; and
WHEREAS, with said Construction Services Contract the City is agreeing to pay the sum
of $2,297,336.43 for such work.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.The Construction Services Contract, a copy of which is attached hereto as
“Exhibit”, and is incorporated herein for all purposes, 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 said Construction Services
Contract 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 4th day of November 2020.
_____________________________
ATTEST:Joe McCourry, Mayor
City of The Colony, Texas
Tina Stewart, TRMC, CMC, City Secretary
208
APPROVED AS TO FORM:
Jeff Moore, City Attorney
209
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution reappointing Joe Perez as the City's representative and Blaine
Crimmins as alternate on the Denton County Transportation Authority Board. (Council)
Suggested Action:
Attachments:
2018-2020 The Colony Joe Perez.pdf
Res. 2020-xxx DCTA Appointment.doc
210
October 12, 2020
The Honorable Joe McCourry
Mayor of The Colony
6800 Main Street
The Colony, TX 75056
Dear Mayor McCourry:
This letter is in reference to Mr. Joe Perez’s 2018 – 2020 appointment to the Denton County
Transportation Authority Board as a Non-Voting Board Member. In accordance with the current
By-laws of the Denton County Transportation Authority, I am notifying you that Mr. Perez’s current
term is up for re-appointment in November 2020.
Although the representative of The Colony will continue to serve until a successor is named, we
are providing you with this notice to keep you informed of the normal appointment cycle. The
upcoming term for The Colony position will be from November 13, 2020 to November 12, 2022.
Representatives may be appointed at any time. If appointment occurs after November 12, 2020, it
will be for a prorated term.
The Colony has been well represented on the Board and we look forward to continuing our
working relationship with the city through your appointed representative to the Board of
Directors. If you have any questions or concerns, please contact me at 940-316-6032 or by e-mail:
bpedron@dcta.net.
Sincerely,
Brandy Pedron
Executive Administrator | Board Support
CC: Dianne Costa, Joe Perez, Tina Stewart
211
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ____
A RESOLUTION APPOINTING REPRESENTATIVES TO
THE DENTON COUNTY TRANSPORTATION AUTHORITY
WHEREAS,House Bill 3323, which became effective September 1, 2001, enables a County
to create a coordinated county transportation authority to provide public transportation and
transportation-related services; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1.That the current representative to the Denton County Transportation Authority
Board is Joe Perez, whose term is set to expire November 2020.
SECTION 2.That Mr. Perez has expressed a desire to be reappointed to the additional two-
year term, serving in a volunteer capacity as the city’s representative on this board.
SECTION 3.That the City Council of the City of The Colony hereby appoints Joe Perez as
a representative and Blaine Crimmins as alternate representative to the Executive Committee for the
Denton County Transportation Authority.
SECTION 3.That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 4th day of November 2020.
_________________________________
Joe McCourry, Mayor
ATTEST:
_____________________________
Tina Stewart, TRMC, CMC, City Secretary
212
APPROVED AS TO FORM:
Jeff Moore, City Attorney
213
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution consenting to The Colony Local Development Corporation Tax
Increment Contract - Revenue Refunding Bonds Series 2020. (Maurina)
Suggested Action:
Attachments:
NFM Refunding Calendar.pdf
Res. 2020-xxx TIRZ No. 1 Revenue Refunding Bonds Series 2020 - NFM.docx
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TAX INCREMENT REINVESTMENT ZONE NUMBER ONE,
CITY OF THE COLONY, TEXAS
RESOLUTION NO. T2020 - ______
A RESOLUTION by the City Council of the City of The Colony, Texas,
consenting to “THE COLONY LOCAL DEVELOPMENT
CORPORATION TAX INCREMENT CONTRACT REVENUE
REFUNDING BONDS SERIES 2020”; and resolving other matters
incident and related to the issuance of such Bonds; and providing an
effective date.
WHEREAS, The Colony Local Development Corporation (the “Issuer”) has been created
and organized as a public, nonprofit local government corporation incorporated pursuant to
Subchapter D of Chapter 431, Texas Transportation Code, as amended (the “Issuer’s Act”) to aid,
assist and act on behalf of the City of The Colony, Texas (the “City”) in the performance of the
City’s governmental functions; and
WHEREAS, by Ordinance No. 2011-1926 adopted on November 8, 2011, the City Council
(the “City Council”) of the City designated a contiguous area as Tax Increment Reinvestment Zone
Number One, City of The Colony, Texas (the “Zone”), pursuant to the Tax Increment Financing
Act, Chapter 311, Texas Tax Code, as amended (the “TIF Act”);
WHEREAS, the Issuer, pursuant to the Issuer’s Act, is authorized to aid, assist and act on
behalf of the City in the performance of the City’s governmental functions, including, but not
limited to: (A) providing a means to implement and finance, or otherwise pay or reimburse, the
costs of projects located within and outside of, and benefitting, the Zone, including the following
projects described in (i)-(v) as follows (collectively referred to as the “Projects”) and all of the
costs of such Projects (the “Project Costs”): (i) public works within and outside such Zone, (ii)
public improvements within and outside such Zone, (iii) programs determined by the City Council
to be necessary or convenient to the implementation of the Zone’s Final Project Plan and
Reinvestment Zone Financing Plan, as the same may be amended from time to time (the “Final
Project and Finance Plan”) for the public purposes of developing and diversifying the economy
of the Zone and developing and expanding business and commercial activity within such Zone,
(iv) other projects that benefit the Zone, and, (v) costs and expenses incidental to the foregoing
works, improvements, programs, and projects, all as more specifically detailed in the Final Project
and Finance Plan; (B) causing and arranging for all of the acquisition, design, construction,
assembly, installation, implementation, operation and maintenance of the Projects; (C) issuing
bonds and notes for the financing of such Projects Costs; and, (D) owning, leasing, selling,
granting, transferring, conveying and otherwise being responsible for the Projects; all for the public
purpose of encouraging development and redevelopment within the Zone;
WHEREAS, on December 6, 2011, the City approved that certain Management
Agreement, by and between the City, the Board of Directors of the Zone (the “Zone Board”) and
the Issuer (the “Management Agreement”), pursuant to which the Issuer is further authorized to
aid, assist, and act on behalf of the City and in the management of the Zone and the implementation
of the Final Project and Finance Plan and the City delegated to the Issuer the power and authority
to assist in achieving the economic development objectives of the City within the Zone, including,
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but not limited to, the power to issue, sell or deliver its bonds, notes or other obligations in
accordance with the Management Agreement;
WHEREAS, the Issuer is authorized under the Issuer’s Act and the TIF Act, subject to the
consent of the City Council as set forth below, to issue bonds to carry out its purposes;
WHEREAS, the Issuer previously issued its Tax Increment Contract Revenue Bonds,
Series 2013 (the “Refunded Bonds”), pursuant to Resolution No. LDC2013-003 (the “Series 2013
Resolution”), the Original Indenture and the First Supplemental Indenture, in order to provide for
(i) financing and refinancing (a) the acquisition of approximately 12.9 acres of land within the
Zone for public infrastructure, as well as the cost for the construction of such public infrastructure
inside and outside the Zone, and (b) the cost for certain site improvements within the Zone, which
includes, but is not limited to grading and drainage (collectively, the “Series 2013 Project”),
(ii) paying capitalized interest on and funding a debt service reserve fund for the Refunded Bonds
(as defined herein) and (iii) financing the cost of issuance of the Refunded Bonds;
WHEREAS, the Board of Directors of the Issuer has found and determined that it is in the
best interest of the Issuer to provide for final payment and discharge of the Refunded Bonds from
proceeds of “The Colony Local Development Corporation Tax Increment Contract Revenue
Refunding Bonds, Series 2020”, (the “Bonds”) as provided for in a bond resolution relating to the
Bonds adopted by the Issuer on October 20, 2020 (the “Bond Resolution”); and
WHEREAS, Section 3 of the Bylaws of the Issuer provide that the Issuer shall not issue
bonds or notes without the consent of the City Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
Section 1: The City Council hereby consents to the issuance of the Bonds by the Issuer
in all respects.
Section 2: The consent herein given is in accordance with Section 3 of the Bylaws of
the Issuer and the Bonds shall never be construed an indebtedness or pledge of the City, or the
State of Texas (the “State”), within the meaning of any constitutional or statutory provision, and
the owners of the Bonds shall never be paid in whole or in part out of any funds raised or to be
raised by taxation or any other revenues of the Issuer, the City, or the State, except those revenues
assigned and pledged by the applicable indentures referenced in the Bond Resolution.
Section 3: The Mayor, the Mayor Pro Tem, the City Manager, the Director of Finance
and the City Secretary of the City are hereby authorized, jointly and severally, to execute and
deliver such endorsements, instruments, certificates, documents, or other papers necessary and
advisable to carry out the intent and purposes of the Resolution.
Section 4: It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Texas Government Code, Chapter 551, as amended.
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Section 5: This Resolution shall be in force and effect from and after its passage on
the date shown below.
PASSED AND APPROVED by the Board of Directors of Tax Increment Reinvestment
Zone Number One of the City of The Colony, Texas, 4th day of November 2020.
CITY OF THE COLONY, TEXAS
______________________________
Joe McCourry, Mayor
ATTEST:
______________________________
Tina Stewart, TRMC, CMC, City Secretary
(City Seal)
APPROVED AS TO FORM:
______________________________
Jeff Moore, City Attorney
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Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a Non-Binding Letter of
Intent with LMG Ventures, LLC, regarding the Grandscape Addition for a Hotel Project. (Maurina)
Suggested Action:
Attachments:
Letter of Intent - LOI - The Colony Hotel and Convention Center.pdf
Res. 2020-xxx Non-binding Letter of Intent - Purchase of Property - Hotel Project.docx
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A NON-BINDING LETTER OF INTENT
WITH LMG VENTURES, LLC, A TEXAS LIMITED LIABILITY
COMPANY, REGARDING THE PURCHASE OF PROPERTY LOCATED
WITHIN THE GRANDSCAPE ADDITION FOR A HOTEL PROJECT;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME; AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS,City Council of the City of The Colony, Texas, finds and determines that it
is in the best interest of the City of The Colony, Texas, to approve and authorize the City Manager
to execute a non-binding letter of intent with LMG Ventures, LLC, a Texas limited liability
company, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all
purposes, for the purpose of purchasing property within the Grandscape Addition of the City of
The Colony, Denton County, Texas.
NOW,THEREFORE, BE IT RESOLVED BY THECITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
Section 2.The City Council of the City of The Colony, Texas, has duly reviewed and
considered and hereby approves and authorizes the City Manager to execute a non-binding letter
of intent with LMG Ventures, LLC, a Texas limited liability company, a copy of which is attached
hereto as Exhibit A, and is incorporated herein for all purposes, for the purpose of purchasing
property within the Grandscape Addition of the City of The Colony, Denton County, Texas.
Section 3.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 4th day of November 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
__________
Tina Stewart, TRMC, CMC, City Secretary
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APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
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Exhibit A
[Non-binding Letter of Intent]
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Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation -
Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v.
Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas
Government Code regarding commercial or financial information the city has received from a business
prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s).
Suggested Action:
Attachments:
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Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 4, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of Brazos
Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric
Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Any action as a result of executive session regarding commercial or financial information the city has
received from a business prospect(s).
Suggested Action:
Attachments:
228