HomeMy WebLinkAbout2020 1117CITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, NOVEMBER 17, 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, NOVEMBER 17, 2020 at CITY HALL and via VIDEO
CONFERENCE, 6800 MAIN ST., THE COLONY, TX, at which time the following items will be
addressed:
1 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS
1.1 Call to Order
1.2 Invocation
1.3 Pledge of Allegiance to the United States Flag
1.4 Salute to the Texas Flag
1.5 Items of Community Interest
1.6 Receive presentation from Customer Services regarding upcoming cart replacements and education on
recycle in regards to Republic. (Owczar)
1.7 Receive presentation from Parks and Recreation regarding upcoming events and activities.
(Shallenburger)
2 CANVASS THE ELECTION
2.1 Discuss and consider approving an ordinance canvassing the returns and declaring the results of an
election held on Tuesday, November 3, 2020, for the purpose of electing four (4) councilmembers for
said city; providing the candidate for Place 6 elected to office; and ordering a run-off election for Places
3, 4 and 5. (Mayor)
2.2 Oath of Office for elected City Council member of Place 6. (Stewart)
3 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.
4 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.
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REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 11/17/2020
Page - 2
4.1 Council to provide direction to staff regarding future agenda items. (Council)
5 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.
5.1 Consider approving City Council Regular Session meeting minutes for November 4, 2020. (Stewart)
5.2 Consider approving Collin Witherspoon's resignation as an alternate from Board of Adjustment, Sign
Board of Appeals and Building Standards Commission Advisory Boards. (Council)
5.3 Consider approving a resolution authorizing the Mayor to execute a Interlocal Cooperation Agreement
with Denton County in the amount of $12,400.00 for fire protection services beginning October 1, 2020
through September 30, 2021. (Thompson)
5.4 Consider approving a resolution authorizing the Mayor to execute a Interlocal Cooperation Agreement
with Denton County in the amount of $21,438.00 for ambulance services beginning October 1, 2020
through September 30, 2021. (Thompson)
5.5 Consider approving a resolution authorizing the City Manager to execute a Construction Services
Contact in the amount of $1,313,484.20 with RoeschCo Construction, Inc. for the construction of the
Cascades/Grandscape Trail with funding from the Community Development Corporation and Park
Dedications Fees from the Cascades Development. (Morgan)
5.6 Consider approving a resolution authorizing the City Manager to execute a Professional Services
Contract in the amount of $104,870.00 with MHS Planning & Design for the design, construction of
documents, observation and grant administration for West Shore Park Project with funding provided by
the Community Development Corporation and Texas Park and Wildlife Local Parks grant. (Morgan)
5.7 Consider approving a resolution authorizing the City Manager to execute an Engineering Design Services
Contract in the amount of $ 131,600.00 with Halff Associates, Inc. to prepare construction plans and
specifications for the reconstruction of Hendrix Drive. (Hartline)
5.8 Consider approving a resolution authorizing the creation of The Colony Hotel Development
Corporation, approving the Articles of Incorporation, appointing the initial directors and chairperson and
items related thereto. (Maurina)
6 REGULAR AGENDA ITEMS
7 EXECUTIVE SESSION
7.1 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.
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REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 11/17/2020
Page - 3
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 551.076 of the Texas
Government Code to deliberate the deployment or specific occasions for implementation, of security
personnel or devices or a security audit.
8 EXECUTIVE SESSION ACTION
8.1 A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of
Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v.
Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Any action as a result of executive session regarding commercial or financial information the city has
received from a business prospect(s).
C. Any action as a result of executive session regarding the deployment or specific occasions for
implementation, of security personnel or devices or a security audit.
EXECUTIVE SESSION NOTICE
Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the
above items may be considered in executive session closed to the public, including but not limited
to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of
the attorney’s ethical duty to advise the city concerning legal issues arising from an agenda item.
Any decision held on such matter will be taken or conducted in open session following the
conclusion of the executive session.
ADJOURNMENT
Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as
interpreters for persons who are deaf or hearing impaired, readers or, large print are requested to
contact the City Secretary’s Office, at 972-624-3105 at least two (2) working days prior to the
meeting so that appropriate arrangements can be made.
CERTIFICATION
I hereby certify that above notice of meeting was posted outside the front door of City Hall by
5:00 p.m. on the ___ day of __________, 2017.
____________________________________
Tina Stewart, TRMC, City Secretary
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Tina Stewart
Submitting Department: Customer Services
Item Type: Discussion
Agenda Section:
Subject:
Receive presentation from Customer Services regarding upcoming cart replacements and education on
recycle in regards to Republic. (Owczar)
Suggested Action:
Attachments:
4
Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Lindsey Stansell
Submitting Department: Parks & Recreation
Item Type: Announcement
Agenda Section:
Subject:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Shallenburger)
Suggested Action:
Attachments:
5
Agenda Item No:2.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving an ordinance canvassing the returns and declaring the results of an election
held on Tuesday, November 3, 2020, for the purpose of electing four (4) councilmembers for said city; providing
the candidate for Place 6 elected to office; and ordering a run-off election for Places 3, 4 and 5. (Mayor)
Suggested Action:
Attachments:
Ord. 2020-xxxx Canvassing Results - Ordering Runoff Election for December 8 2020.docx
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020-_________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING
THE RESULTS OF AN ELECTION HELD ON TUESDAY NOVEMBER 3,
2020, FOR THE PURPOSE OF ELECTING FOUR (4)
COUNCILMEMBERS FOR SAID CITY; PROVIDING THE CANDIDATE
FOR PLACE 6 ELECTED TO OFFICE; ORDERING A RUN-OFF
ELECTION FOR PLACES 3, 4, AND 5;AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City Council of the City of The Colony, Texas, caused to be published in
accordance with the laws of the State of Texas notice of the election held on Tuesday, November
3, 2020, to elect three (3) council members for the City of The Colony, Texas; and
WHEREAS, notice of election was actually given as required by law; and
WHEREAS, one person filed as a candidate in Place 6, and as a result said election for
Place 6 was previously cancelled; and
WHEREAS, said election was duly and legally held on Tuesday, November 3, 2020, in
conformity with the election laws of the State of Texas, and the results of said election have been
certified and returned by the election judges and clerks thereof; and
WHEREAS, the election returns duly and legally made showed that there were cast at said
election 13,497 valid and legal votes, and that each of the candidates in said election received the
following votes:
FOR COUNCILMEMBER PLACE 3
FOR COUNCILMEMBER PLACE 4
CANDIDATE EARLY %TOTAL VOTES
BRIAN R. WADE 47.54 2,239
MEGAN STONER 46.73 2,201
ROBERT MICHELSON 5.73 270
VOTES CAST 4,710
CANDIDATE EARLY %TOTAL VOTES
LAUREN GUNN 37.47 1,934
DAVID TERRE 47.52 2,453
CHRIS SONG 15.01 775
VOTES CAST 5,162
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FOR COUNCILMEMBER PLACE 5
WHEREAS,pursuant to Section 7.04 of the Home Rule Charter of the Cityof The Colony,
Texas, in order to be declared elected, a candidate must receive a majority of the legal votes cast
for the office or place for which such person is a candidate; and
WHEREAS, no candidate for Councilmember Place 3, 4, or 5 received a majority of the
of the votes cast for such office or place; and
WHEREAS,it is hereby found and determined by the City Council of the City of The
Colony, Texas, that it is necessary to hold a runoff election for the purpose of electing one council
member for Places 3, 4, and 5 and that it is in the best interest of the City and its citizens to hold
such an election; and
WHEREAS, pursuant to Section 7.05 of the Home Rule Charter of the City of The Colony,
Texas, and the Texas Election Code, the City is hereby authorized to call a runoff election between
the two candidates receiving the highest number of votes; and such runoff election shall be held in
accordance with state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1.That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
Section 2.That it is further found and determined that the results of the election as
canvassed and tabulated in the preamble reflect the expressed desires of the resident, qualified
electors.
Section 3.That the duly elected member of the City Council of the City of The Colony,
Texas, elected November 3, 2020, for City Council Place 6, and subject to the taking of the oath
of office as provided by the laws of the State of Texas, is as follows:
Joel Marks, Councilmember Place 6
Section 4.That no candidate received a majority of total votes cast for the office of
Councilmember Places 3, 4, and 5 and a runoff election between the two (2) candidates receiving
the highest number of votes cast for said office as tabulated and canvassed in the preambles hereof
CANDIDATE EARLY %TOTAL VOTES
A.B. MARTIN 31.39 1,138
PERRY SCHRAG 40.91 1,483
ROLANDO REYES 27.70 1,004
VOTES CAST 3,625
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shall be held on Tuesday, December 8, 2020, for the purpose of electing a Councilmember Places
3, 4, and 5 to serve on the City Council of the City of The Colony, Texas. The two (2) candidates
for said runoffs are as follows:
Councilmember Place 3
Brian R. Wade
Megan Stoner
Councilmember Place 4
Lauren Gunn
David Terre
Councilmember Place 5
A.B. Martin
Perry Schrag
Section 5.That the runoff election shall be held on Tuesday, December 8, 2020, at the
following location between the hours of 7:00 a.m. and 7:00 p.m.:
Election Day Polling Location:
The Colony Annex Building
6804 Main Street
Annex Building
The Colony, Texas 75056
Section 6.That the Presiding Judge for each polling place shall appoint not less than
two (2) or more than four (4) qualified election clerks to serve and assist in the conduct of the
runoff election, provided that if the Presiding Judge actually serves as expected, the Alternate
Presiding Judge shall be one of such clerks.
Section 7.As to early voting for said election, such early voting shall be conducted by
the Denton County Elections Administrator, who is hereby appointed the Clerk for Early Voting,
at:
Early Voting Polling Location:
The Colony Annex Building
6804 Main Street
Annex Building
The Colony, Texas 75056
For the early voting period for said runoff election, the Clerk shall keep said office open
for the early voting period in accordance with state law and according to the following schedule:
Early Voting dates and times:
Monday – Wednesday November 23 – 25, 2020 8am – 5pm
Saturday November 28, 2020 8am – 5pm
Monday – Wednesday Nov. 30 – Dec. 2, 2020 8am – 5pm
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Thursday – Friday December 3 – 4, 2020 7am – 7pm
The early ballots for said election shall conform to the requirements of the Texas Election
Code, as amended, and in so doing shall permit the voters to vote for one Councilmember Place 3,
4, and 5, as applicable.
Section 8.The election materials for said runoff election shall be printed in both
English and Spanish for use at the polling place during early voting and Election Day consistent
with the Texas Election Code.
Section 9.Notice of said runoff election shall be given by publishing at least one time
before the election, provided, however, publication shall be as soon as practicable before the runoff
election, in at least one daily newspaper published in the City and a copy of the notice shall also
be filed with the City Secretary and another copy shall be posted a bulletin board in the office of
the City Secretary, at least 15 days before the runoff election.
Section 10.That the public importance of this measure and the fact that it is in the best
interest of the City to declare the duly elected officers of the City at the earliest possible date for
the immediate preservation of the public peace, property, health and safety of the City and its
citizens creates an emergency and an imperative public necessity which requires that this
Ordinance shall take effect and be in force from and after its final passage and approval, and it is
accordingly so ordained.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
17th 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
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Agenda Item No:2.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Oath of Office for elected City Council member of Place 6. (Stewart)
Suggested Action:
Attachments:
11
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 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:
12
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for November 4, 2020. (Stewart)
Suggested Action:
Attachments:
November 4, 2020 DRAFT Minutes.docx
13
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
NOVEMBER 4, 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 4
th day of November 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 6:35 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
Pastor John Crews with Bethel Fellowship 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 Proclamation: Arbor Day 2020
Mayor Pro Tem David Terre proclaimed Tuesday, November 6, 2020, as "Arbor
Day" recognizing the benefits the trees bring to our community.
1.6 Items of Community Interest
Mayor McCourry acknowledged first time in the city's history there will be three
runoffs for the three positions that were challenged during the general election.
Mayor recognized this year’s election being another first regarding a great turnout
of 13,497 voters in The Colony. Mayor Pro Tem Terre read the Unofficial
Tabulation Election results from the General Election held on Tuesday, November
3, 2020.
Councilmember Marks arrived at 6:35 p.m.
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City Council – Regular Meeting Agenda
November 4, 2020
Page| 2
Mayor announced the upcoming American Hero's Outdoor Event to be held on
Saturday, November 7, 2020.
2.0 CITIZEN INPUT
None
3.0 WORK SESSION
3.1 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item No.
4.3 for separate consideration- Boyer; second by Wade, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for October 20,
2020.
4.2 Consider approving Council expenditures for the month of September 2020.
***ITEM REMOVED FROM THE AGENDA FOR SEPARATE DISCUSSION***
4.3 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.
Councilmember Boyer and Mayor McCourry provided an overview on this
item. Assistant Police Chief Chris Chandler was available to shed light on the
proposed resolution.
Motion to approve- Boyer; second by Marks, motion carried with all ayes.
RESOLUTION NO. 2020-065
4.4 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.
RESOLUTION NO. 2020-066
4.5 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.
15
City Council – Regular Meeting Agenda
November 4, 2020
Page| 3
RESOLUTION NO. 2020-067
4.6 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.
RESOLUTION NO. 2020-068
5.0 REGULAR AGENDA ITEMS
5.1 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.
Director of Government Relations and Programming, Joe Perez, was available to
speak on the proposed resolution. Mr. Perez expressed his interest in continuing
to serve as a representative for the City.
Motion to approve-Marks; second by Boyer, motion carried with all ayes.
RESOLUTION NO. 2020-069
5.2 Discuss and consider approving a resolution consenting to The Colony Local
Development Corporation Tax Increment Contract - Revenue Refunding Bonds
Series 2020.
Assistant City Manager of Operations, Tod Maurina, presented the proposed
resolution to Council. Mr. Maurina stated this item was discussed during the
previous meeting of the Local Development Corporation. The proposed item
allows for an opportunity to pay capitalized interest on funding a debt service
reserve fund for the refunded series of bonds.
RESOLUTION NO. 2020-071
Motion to approve-Marks; second by Wade, motion carried with all ayes.
5.3 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.
Assistant City Manager of Operations, Tod Maurina, provided an overview on the
proposed resolution to Council.
Motion to approve- Marks; second by Wade, motion carried with all ayes.
16
City Council – Regular Meeting Agenda
November 4, 2020
Page| 4
RESOLUTION NO. 2020-070
Executive Session was convened at 7:04 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 ofThe 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).
Regular Session was reconvened at 7:54 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
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 8:04 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
17
City Council – Regular Meeting Agenda
November 4, 2020
Page| 5
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
18
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Consider approving Collin Witherspoon's resignation as an alternate from Board of Adjustment, Sign Board of
Appeals and Building Standards Commission Advisory Boards. (Council)
Suggested Action:
Attachments:
19
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Shannon Stephens
Submitting Department: Fire
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the Mayor to execute a Interlocal Cooperation Agreement with
Denton County in the amount of $12,400.00 for fire protection services beginning October 1, 2020 through
September 30, 2021. (Thompson)
Suggested Action:
Attachments:
Fire 2020-2021 Interlocal Agreement.pdf
Res. 2020-xxx Fire Protection Interlocal Agreement with Denton County.doc
20
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN
THE CITY OF THE COLONY AND DENTON COUNTY, WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
“A”, FOR THE PURPOSE OF PROVIDING FIRE PROTECTION
SERVICES TO THE UNINCORPORATED AREAS OF DENTON
COUNTY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the parties hereto are political subdivisions of the State of
Texas; and
WHEREAS, Chapter 791 of the Government Code Interlocal
Governmental Cooperation Act provides for contractual agreements between
governmental entities; and
WHEREAS, the City and County desire to enter into an agreement
wherein the City would assist in providing fire protection services to the
unincorporated areas of the County; and
WHEREAS, the City Council has determined that it would be in the best
interest of public health, safety and welfare to enter into the Interlocal
Cooperation Agreement with Denton County for the purpose of the City
providing fire protection services to the unincorporated areas of Denton County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1.That the Mayor is hereby authorized to execute an Interlocal Cooperation
Agreement with Denton County in the amount of $12,400.00 for providing fire protection
services to the unincorporated areas of Denton County, which is attached hereto and incorporated
herein as Exhibit “A”.
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 17h day of November 2020.
____________________________________
Joe McCourry, Mayor
City of The Colony, Texas
28
ATTEST:
__________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
29
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Mayra Sullivan
Submitting Department: Fire
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the Mayor to execute a Interlocal Cooperation Agreement with
Denton County in the amount of $21,438.00 for ambulance services beginning October 1, 2020 through
September 30, 2021. (Thompson)
Suggested Action:
Attachments:
EMS 2020-2021 Interlocal Agreement.pdf
Res. 2020-xxx Ambulance Interlocal Agreement with Denton County.doc
30
2020-2021 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 1 of 7
THE COUNTY OF DENTON §
§ CITY OF THE COLONY
§ AMBULANCE SERVICES
STATE OF TEXAS §
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
THIS AGREEMENT, which has an effective date of October 1, 2020, is made and
entered into by and between Denton County a political subdivision of the State of Texas,
hereinafter referred to as "the COUNTY," and the City of The Colony, a municipal corporation,
located in Denton County, Texas, hereinafter referred to as “the AGENCY”.
WHEREAS, the COUNTY is a duly organized political subdivision of the State of
Texas engaged in the administration of county government and related services for the benefit of
the citizens of Denton County; and
WHEREAS, the AGENCY is a municipal corporation, duly organized and operating
under the laws of the State of Texas and engaged in the provision of ambulance services and
related services for the benefit of the citizens of the City of The Colony; and
WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and
other equipment designed for the transportation of persons who are sick, infirmed or injured and
has in its employ trained personnel whose duties are related to the treatment of said individuals
and the use of such vehicles and equipment; and
WHEREAS, the COUNTY desires to obtain emergency ambulance and related services
for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY
which the AGENCY is capable of providing; and
WHEREAS, the provision of emergency ambulance and related services is a
governmental function that serves the public health and welfare and is of mutual concern to both
the COUNTY and the AGENCY; and
WHEREAS, the COUNTY desires to expend County funds to defray the expense of
establishing, operating and maintaining emergency ambulance services in the County; and
WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and
contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health
and Safet y Code, Section 774.003, and
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2020-2021 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 2 of 7
NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual
promises, covenants, and Agreements stated herein, agree as follows:
I.
TERM
The term of this Agreement shall be for the period beginning of October 1, 2020, and
ending on September 30, 2021
II.
DEFINITIONS
As used herein, the words and phrases hereinafter set forth shall have the meanings as
follows:
A. "Emergency" shall mean any circumstance that calls for immediate action and in
which the element of time in transporting the sick, wounded or injured for
medical treatment is essential to the health or life of a person or persons. Whether
an emergency, in fact, exists is solely up to the discretion of the AGENCY. For
dispatch purposes only, "emergency" shall include, but not be limited to:
1. The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of the AGENCY to a place where
emergency medical treatment may be obtained; or
2. The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of the AGENCY to the closest medical
facility.
B. “Rural area” means any area within the boundaries of the COUNTY, but outside
the corporate limits of all incorporated cities, towns and villages within the
COUNTY.
C. “Urban area” means any area within the corporate limits of an incorporated city,
town or village within the COUNTY.
D. “Emergency ambulance call” means a response to a request for ambulance service
by the personnel of the AGENCY in a situation involving an emergency, as
defined above, by an ambulance vehicle. A single response to a call may involve
the transportation of more than one person at a time, but shall be considered as
only one call.
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2020-2021 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 3 of 7
III.
SERVICES
The services to be rendered under this Agreement by the AGENCY are the ambulance
services normally rendered by the AGENCY to citizens of City of The Colony in circumstances
of emergency, but which services will now be extended to all citizens of the COUNTY residing
in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the
AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth
in “Exhibit A,” attached hereto and incorporated herein by reference.
It is recognized that the officers and employees of the AGENCY have the duty and
responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY.
In the performance of these duties and responsibilities, it shall be within the sole responsibility
and discretion of the officers and employees of the AGENCY to determine priorities in the
dispatching and use of such equipment and personnel and the judgment of the officer or
employee shall be final.
The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to
serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her
designated substitute, shall devote sufficient time and attention to insure the performance of all
duties and obligations of the COUNTY under this Agreement and shall provide for the
immediate and direct supervision of employees, agents, contractors, sub-contractors and/or
laborers of the COUNTY engaged in the performance of this Agreement.
IV.
PERFORMANCE OF SERVICES
The AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of the AGENCY under this Agreement and shall provide immediate and
direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or
laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY
and the COUNTY.
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2020-2021 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 4 of 7
V.
COMPENSATION
COUNTY agrees to pay to the AGENCY an estimated fee of $21,438.00 (amount
rounded to the nearest dollar) based on a funding formula as follows:
1. A fixed sum based on a population percentage .4702 per capita; said sum
computes to $20,834.70.
2. A fixed sum of $275.9890 per ambulance transport for an estimated maximum
amount of $ 0.00. Said sum is based upon 0 transports made by the AGENCY in
fiscal year 2020.
3. A fixed sum based on .87 rural miles in the agreed operating territory; said sum
computes to $603.46.
The first and third sums are based upon population and mileage figures obtained from the North
Central Texas Council of Governments. The second sum is based upon the definition of an
“ambulance call” for purposes of this Agreement. Payment shall not be allowed for any instance
in which a patient is not transported. Consistent with the reporting procedures described below,
the AGENCY shall receive payment for transporting the patient regardless of the service
delivery area in which the call originated.
Requests for payment shall be submitted on the standardized ambulance transportation
reporting form approved and provided by the COUNTY. It shall be the responsibility of the
AGENCY to fully complete the forms and to provide complete and accurate patient information.
Requests for payment shall be submitted within five (5) days of the performance of service by
the AGENCY. Requests not timely submitted shall not be considered for payment. Requests
for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone
link to the office of the Denton County Fire Marshal. The date of submission shall be the date
the fully documented request is received in said office.
VI.
FINANCIAL RECORDS
The AGENCY agrees to make its financial records available for audit and/or review b y
the COUNTY, upon request by the COUNTY.
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2020-2021 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 5 of 7
VII.
RESPONSIBILITY OF THE COUNTY
The COUNTY, to the extent permitted by law, shall be responsible for the acts,
omissions and negligence of all officers, employees and agents of the COUNTY who are
engaged in the performance of this Agreement.
VIII.
RESPONSIBILITY OF THE AGENCY
The AGENCY, to the extent permitted by law, shall be responsible for the acts,
omissions and negligence of all officers, employees and agents of the AGENCY who are
engaged in the performance of this Agreement.
IX.
APPLICABLE LAW
The COUNTY and the AGENCY understand and agree that liability under this contract
is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code,
Section 774.003. This Agreement is made in contemplation of the applicability of these laws to
the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound
by the above mentioned statutes as they exist as of the date of this Agreement.
X.
DEFAULT
In the event of default of any of the covenants herein contained, this Agreement may be
terminated at the discretion of the non-defaulting party if such default continues for a period of
ten (10) days after notice to the other party in writing of such default and the intent to terminate
this Agreement due to the default. Unless the default is cured, this Agreement shall terminate.
XI.
TERMINATION
This Agreement may be terminated at any time by either the COUNTY or the AGENCY
by giving sixty (60) days advance written notice to the other party. In the event of termination
by either party, the AGENCY shall be compensated pro rata for all services performed to
termination date together with reimbursable expenses then due as authorized by this Agreement.
In the event of such termination, should the AGENCY be overcompensated on a pro rata basis
for all services performed to the termination date and/or be overcompensated for reimbursable
expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation.
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Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise
arise out of this Agreement.
XII.
GOVERNMENTAL IMMUNITY
The fact that the COUNTY and the AGENCY accept certain responsibilities relating to
the rendering of ambulance services under this Agreement as a part of their responsibility for
providing protection for the public health makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of governmental
immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the
AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity
or defense that would otherwise be available to it against claims arising from the exercise of
governmental powers and functions.
XIII.
ENTIRE AGREEMENT
This Agreement represents the entire Agreement between the COUNTY and the
AGENCY and supersedes all prior negotiations, representations and Agreements, either written
or oral. This Agreement may be amended only by written instrument signed by both parties.
XIV.
LAW OF CONTRACT
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or
matter, arising under this Agreement shall lie in Denton County, Texas.
XV.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions of this Agreement shall remain valid
and in full force and effect to the fullest extent possible.
XVI.
AUTHORITY
The undersigned officer or agents of the parties are the properly authorized officials and
have the necessary authority to execute this Agreement on behalf of the Parties.
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2020-2021 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 7 of 7
XVII.
SERVICE AREA
Acceptance of this Agreement constitutes approval of the service area set out in attached
Exhibit "A".
EXECUTED this __________ day of ____________, 20____.
COUNTY: AGENCY:
Denton County, Texas City of The Colony
110 West Hickory Street, 2nd Floor 6800 Main Street
Denton, Texas 76201 The Colony, Texas 75056
By: By:
Andy Eads Name _________________________
Denton County Judge Title __________________________
ATTEST: ATTEST:
By:_________________________ By: _________________________
Denton County Clerk City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM AND
LEGALITY:
By: By:
Denton County Fire Marshal City Attorney
AUDITOR’S CERTIFICATE
I hereby certify that funds are available in the amount of $ to
accomplish and pay the obligation of Denton County under this Agreement.
Denton County Auditor
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38
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN
THE CITY OF THE COLONY AND DENTON COUNTY, WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
“A”, FOR THE PURPOSE OF PROVIDING AMBULANCE SERVICES
TO THE UNINCORPORATED AREAS OF DENTON COUNTY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the parties hereto are political subdivisions of the State of
Texas; and
WHEREAS, Chapter 791 of the Government Code Interlocal
Governmental Cooperation Act provides for contractual agreements between
governmental entities; and
WHEREAS, the City and County desire to enter into an agreement
wherein the City would assist in providing ambulance services to persons in the
unincorporated areas of the County; and
WHEREAS, the City Council has determined that it would be in the best
interest of public health, safety and welfare to enter into the Interlocal
Cooperation Agreement with Denton County for the purpose of the City
providing ambulance services to the unincorporated areas of Denton County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1.That the Mayor is hereby authorized to execute an Interlocal Cooperation
Agreement with Denton County in the amount of $21,438.00 for providing ambulance services
to the unincorporated areas of Denton County, which is attached hereto and incorporated herein
as Exhibit “A”.
Section 2.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 17th day of November 2020.
____________________________________
Joe McCourry, Mayor
City of The Colony, Texas
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ATTEST:
__________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 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 Construction Services Contact in the
amount of $1,313,484.20 with RoeschCo Construction, Inc. for the construction of the Cascades/Grandscape
Trail with funding from the Community Development Corporation and Park Dedications Fees from the
Cascades Development. (Morgan)
Suggested Action:
Attachments:
CC agenda - Trails.pdf
Financial Summary.pdf
STANDARD FORM OF AGREEMENT.pdf
2020-11-13 Cascades_Grandscape Recommendation.pdf
Res. 2020-xxx Cascades-Grandscape Trail RoeschCo.docx
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Cascades/Grandscape Trail
SUBJECT
Discuss and consider approving a resolution authorizing the City Manager to execute a construction
services contact with RoeschCo Construction, Inc. for the construction of the Cascades/Grandscape Trail
with funding from the Community Development Corporation.
HISTORY
The Colony’s 2017 Trails and Bikeways Master Plan has identified priorities for segments of trails within
the City. This project consists of a trail connecting the Cascades Development with the Grandscape
Development via a trail located under the Sam Rayburn Tollway (SRT) and SH121, adjacent to the BNSF
right of way. It is identified as trail 4A in the master plan.
PURPOSE
This trail segment is an important connection that provides an alternative transportation corridor for
pedestrians and bicyclists under SRT/SH121. It is considered a “protected” trail since motorized vehicles
will not be allowed on it and therefore is safer for pedestrians and bicyclists. This will provide residents
and visitors on the north side of the SRT/SH121 corridor another option for accessing the Grandscape
Development.
Plans were developed for this project and reviewed by the various stakeholders including the adjacent
property owners. The Grandscape team requested a revision to realign the trail closer to Grandscape
Boulevard so that more of the parcel would be intact for future development. The realignment
increased the cost of the trail by $176,801 most of which is for a retaining wall along Grandscape
Boulevard.
The project was bid with three alternates: Alternate #1 – Formliner for retaining walls; Alternate #2 –
Integral color for retaining walls; Alternate #3 – Pedestrian rail for the retaining wall along Grandscape
Boulevard. Alternate #1 and #2 are aesthetic components and Alternate #3 is a safety measure for the
retaining wall. Due to the added costs, Alternate #1 and Alternate #3 are recommended; #2 should be
rejected. Eleven bids were received for this project. RoeschCo Construction Inc. was the low bidder for
the base bid at $1,281,078.20 and for Alternate #3 Pedestrian rail at $22,575.00. They were the second
lowest bidder for Alternate #1 at $9,831. The total cost for the Base Bid, Alternate #1 and Alternate #3
is $1,313,484.20
Funding for this project is from the Community Development Corporation 825 account and Park
Dedication Fees from the Cascades Development.
RECOMMENDATION
Staff and the Community Development Corporation recommend approval of the construction services
contract with RoeschCo Construction, Inc. in the amount of $1,313,484.20 for the Base Bid, Alternate #1
and Alternate #3 with funds from the Community Development Corporation and Park Dedication Fees.
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Financial Summary:
Are budgeted funds available? ☒ Yes ☐ No Amount budgeted/available: $1,319,742.00
Fund(s) (Name and number):
Park Dedication Fees (Cascades) 825-650-6610 $ 79,006.00
CDC Fund - 825-659-6610 (includes funds remaining from previous trail projects) $1,114,428.00
CDC Fund – Closed Projects Balance (funds remaining from various closed projects) $ 126,308.00
TOTAL FUNDS AVAILABLE $1,319,742.00
Cost of recommended bid/contract award for:
BASE BID $ 1,281,078.20
ALTERNATE #1 $ 9,831.00
ALTERNATE #3 $ 22,575.00
GRAND TOTAL $1,313,484.20
Total estimated project cost:
$ 1,281,078.20 Total Construction Base Bid Costs
$ 9,831.00 Total Construction Alternate 1 Costs
$ Reject Total Construction Alternate 2 Costs - $33,000.00
$ 22,575.00 Total Construction Alternate 3 Costs
$ 1,313,484.20 Total Estimated Costs
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the _____________ day of __________________ in the year 2020
by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called
OWNER) and ________________________________________. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
The scope of work consists of the construction of a 12-foot wide concrete hike and bike trail
from the Marriot Hotel parking lot north of the Sam Rayburn Tollway Service Road to the
Destination Drive and Grandscape Boulevard intersection, and any other work deemed
necessary by the City of The Colony. Drainage, retaining wall, fencing, and railing
improvements are provided at various locations along the length of the project. Additionally,
signage for an on-street portion of the bike trail from the Memorial Drive and Fallwater Court
intersection to the beginning of the concrete trail is also included. The work includes, but is
not limited to, mobilization, preparation of right-of-way, traffic control, approximately 2,552
SY 5-inch thick reinforced concrete pavement, 21 LF of 4-foot by 3-foot reinforced concrete
box, 5,362 SF of concrete retaining wall, and 1,116 LF 8-foot tall chain link fence. The opinion
of probable construction cost for the overall project is $1,400,000.
All of the above shall be done in accordance with TxDOT and NCTCOG specifications with the
City of the Colony’s Addenda and as per instructions of the City of The Colony City Engineer.
All construction sequencing and barricading will be done according to the City of The Colony
Standards.
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
CASCADES/GRANDSCAPE TRAIL
City of The Colony
BID #50-20-06 CASCADES/GRANDSCAPE TRAIL
Article 2. Engineer.
The Project has been designed by the City of The Colony Parks and Recreation Department. The Bidding
and Contract Documents have been established by the City of The Colony Parks and Recreation
Department. Contract administration will be provided by the City of The Colony Parks and Recreation
Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume
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all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 180 calendar days, including 15 inclement weather days,
from the date when the Contract Time commences to run as provided in Item 103.6 of the General
Provisions, and completed and ready for final payment in accordance with Item 109.5.4 of the
General Provisions.
BIDDER agrees that all work awarded will be completed within 180 Calendar days, which
includes 15 inclement weather days, for this project. The Contractor will submit written
documentation to the Construction Inspector assigned by the City to document inclement weather
days. Additional inclement weather calendar days will be added to the contract only if the 15
inclement weather days included in the bid have been approved. Contract time will commence to
run as provided in the Contract Documents.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds subject to additions and deductions by Change Orders as
provided in the contract documents in accordance with the unit prices listed in the Proposal and
Bid Schedule. The contract sum shall be the amount of $1,313,484.20. The total tangible personal
property cost included in the contract sum is $ 545,100.00.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General
Provisions. Applications for Payment will be processed by ENGINEER as provided in the General
Provisions.
5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price
on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER,
each month during construction as provided below. All progress payments will be on the basis of
the progress of the Work measured by the schedule of values established in Item 109.5.1 of the
General Provisions (and in the case of Unit Price Work based on the number of units completed)
or, in the event there is no schedule of values, as provided in the General Provisions.
5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage
indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall determine, or OWNER
may withhold, in accordance with Item 109.4 of the General Provisions of the NCTCOG
Specifications.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item
109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER.
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Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR’S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set
forth in Item SC-105.1.2 of the Supplementary Conditions of the extent of the technical data
contained in such reports and drawings upon which CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests, reports, and
studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to
the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost,
progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the
performance or furnishing of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Item 102.3 of the General Provisions; and no additional examinations,
investigations, explorations, tests, reports, studies, or similar information or data are or will be
required by CONTRACTOR for such purposes.
7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies, or similar information
or data in respect of said Underground Facilities are or will be required by CONTRACTOR in
order to perform and furnish the Work at the Contract Price, within the Contract time and in
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions.
7.4. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions of the
Contract Documents.
7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies
that he has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 1-34 through 1-39, inclusive).
46
8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive).
8.3. Certificate of Insurance (page 1-42).
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction,
NCTCOG, fourth edition.
8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 1-50
through 1-62).
8.7. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond
Forms, and Specifications for:
CASCADES/GRANDSCAPE TRAIL
City of The Colony
BID #50-20-06 CASCADES/GRANDSCAPE TRAIL
8.8. Addendum to the NCTCOG Standard Specifications for Public Works Construction
included in Appendix B.
8.9. Construction plans, one set consisting of forty-seven consecutively numbered sheets.
8.10 The following listed and numbered addenda: Addendum #1 Bid Schedule Revisions and
Pre-Bid Summary and Addendum #2 Changes Resulting from TxDOT Bridge Comments
8.11. CONTRACTOR's Proposal, Bid Schedule, and Summary of Section 1 - Bidding and
Contract Documents (page 1-16 through 1-26).
8.12. Documentation submitted by CONTRACTOR prior to Notice of Award.
8.13. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: All Written Amendments and other documents amending,
modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3
of the General Provisions.
8.14. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except
as expressly noted otherwise above).
The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2
and 109.3 of the General Provisions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 101.1 of the General Provisions will
have the meanings indicated in the General Provisions.
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9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be bound;
and specifically but without limitation moneys that may become due and moneys that are due may
not be assigned without such consent (expect to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect of all covenants, agreements and obligations contained in the Contract Documents.
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER
on their behalf.
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This Agreement will be effective on __________________________________, 2020.
OWNER: City of The Colony CONTRACTOR: ____________________
6800 Main Street ____________________
The Colony, TX 75056 ____________________
BY: _____________________________ BY: __________________________________
TITLE: City Manager TITLE: _______________________________
ATTEST: _________________________ ATTEST: _____________________________
Address for giving notices: Address for giving notices:
City of the Colony _____________________________________
6800 Main Street _____________________________________
The Colony, Texas 75056 _____________________________________
Attn: Eve Morgan, PLA Attn: ________________________________
Park Development Manager
(If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach
evidence of authority to sign and evidence of authority to sign.)
resolution or other documents
authorizing execution of Agreement.)
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4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
(817) 847-1422
Fax (817) 232-9784
November 13, 2020
AVO 035350.001
Ms. Eve Morgan
Parks Development Manager
City of The Colony
5151 North Colony Boulevard
The Colony, Texas 75056
Re: Cascades/Grandscape Trail – Bid # 50-20-06 Cascades/Grandscape Trail
Dear Ms. Morgan:
Bids were opened on the above-referenced project on Wednesday, October 21, 2020, at the City
of The Colony. Eleven (11) bids were received, and they ranged from a total high bid of
$6,823,175.69 to a total low bid of $1,347,384.20. RoeschCo Construction, Inc. was the apparent
low bidder. Upon discussion with the City, they would like to include additive alternate I and III in
the construction contract which results in bids ranging from a high of $6,786,068.49 to a low of
$1,314,384.20. After factoring in the elected additive alternate, RoeschCo Construction, Inc. is still
the apparent low bidder.
We contacted Ziad Kharrat with the City of Garland at 3:59 PM on November 3, 2020 concerning
RoeschCo’s performance on their Winters Park/Spring Creek Trail project. He stated that
RoeschCo has performed well on the project and is on track to complete the project within the
allotted time. He stated that he would “highly recommend” RoeschCo.
We initially contacted Lance Knox with the City of Plano at 4:01 PM on November 3, 2020
concerning RoeschCo’s performance on their Legacy Trail Greenbelt project with no response. We
successfully contacted Lance at 9.25 AM on November 5, 2020 regarding the above-referenced
project and he stated that RoeschCo performed well and completed the project ahead of schedule.
He stated that they were “very quick” and would “recommend” them to complete the work.
The City of The Colony awarded their Park Loop Trail Phase IV project to RoeschCo with success.
Eve Morgan with the City of The Colony stated on October 21, 2020 that RoeschCo was “one of
the best contractors she has worked with” and they brought in a paving machine to complete the
trail ahead of schedule. She stated that they are pleased with the RoeschCo and their low bid on
the project.
In addition to the references listed above we also attempted multiple times to contact Richard Ritz
at the City of Dallas Parks and Recreation Department and Ted Tegene at the Dallas County Public
Works Department, all of which were unsuccessful.
In relation to bidding requirements RoeschCo appears to have submitted all documents and bonds
necessary for consideration. The following documents and bonds were provided by RoeschCo as
part of their bid package.
- A Bid Bond backed by The Hanover Insurance Group in the appropriate 5% amount
50
4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
(817) 847-1422
Fax (817) 232-9784
- A notarized Bid Affidavit signed by the RoeschCo President
- A certificate of insurance backed by BITCO / Texas Mutual, an A+ rated AM Best company, in the
appropriate amounts
- A completed Non-Collusion Statement with a digital signature
- A Bid Form acknowledging all addendums
- A completed State Reciprocal Requirement form confirming that their principal place of business
is in the State of Texas
The following documents were excluded from the bid package but are not required for bid
consideration.
- A completed Conflict of Interest Questionnaire.
- A Performance Bond
- A Payment Bond
- A Maintenance Bond
Section 252.043 in the Local Government Code states if competitive sealed bids are received, the
contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or
services at the best value for the municipality. After considering the purchase price, reputation of
the bidders, quality of the bidders’ services and the bidders’ relationship with the City of The Colony,
Halff Associates has determined that RoeschCo Construction, LLC is the lowest responsible bidder.
Please call me at (817) 764-7436 if you have any questions or comments.
Sincerely,
HALFF ASSOCIATES, INC.
Jacob T. Hays, P.E.
Attachment
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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 A CONSTRUCTION SERVICES CONTRACT WITH
ROESCHCO CONSTRUCTION, INC. FOR THE CONSTRUCTION OF
THE CASCADES/GRANDSCAPE TRAIL;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of
RoeschCo Construction, Inc. of Frisco, Texas for the construction of the Cascades/Grandscape
Trail with funding provided by the Community Development Corporation; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Construction Services Contract with RoeschoCo Construction Inc., a copy of which is attached
hereto as Exhibit A, and is incorporated herein for all purposes; and
WHEREAS, with said Construction Services Contract the City is agreeing to pay the sum
of $1,313,484.20 for such work.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.TheConstruction Services Contract,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 17th 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:
_______
Jeff Moore, City Attorney
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Agenda Item No:5.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 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 Professional Services Contract in
the amount of $104,870.00 with MHS Planning & Design for the design, construction of documents, observation
and grant administration for West Shore Park Project with funding provided by the Community Development
Corporation and Texas Park and Wildlife Local Parks grant. (Morgan)
Suggested Action:
Attachments:
MHS Pro-Services CC Agenda support.pdf
MHS Pro-Services financials.pdf
MHS Professional Services Agreement.pdf
Res. 2020-xxx West Shore Park-MHS Planning Services.docx
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City Council Agenda Item
Meeting Date: November 17th
Parks & Recreation
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a Professional
Services Contract with MHS Planning and Design, Inc. for the design services for the development of
West Shore Park. Design services will include design and construction documents, construction
observation and grant administration for the Texas Parks and Wildlife 2020 Local Parks Grant.
History:
West Shore Park is located in the area known as Eastvale, west of SH121 and adjacent to Lewisville Lake.
The land for West Shore Park was purchased in 2014 and a master plan was developed in 2015. The
Eastvale area is the only residential neighborhood that does not have a neighborhood park.
Purpose:
The park will include an all abilities playground, pavilion, narrative signage, picnic areas, walkways, small
parking area on the City owned property. On the adjacent U. S. Corps of Engineers land will be a
decomposed grant trail leading to a paddle launch for kayaks and canoes. The City applied for a Texas
Parks and Wildlife Local Parks grant for the design and construction of the park in late 2019 and received
award notification in September 2020. The grant is a 50/50 matching grant. Grant funds are $400,000
and CDC matches at $400,000 with another $200,000 included in the budget for items that are not
included in the grant. West Shore Park project was included in the 2019/20 CDC budget.
Recommendations:
Staff and Community Development Corporation recommend approval of the Professional Services
Contract with MHS Planning and Design, Inc. for West Shore Park project for $104,870.00 with funding
from the Community Development Corporation and the Texas Parks and Wildlife Grant.
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Financial Summary:
Are budgeted funds available? X Yes No
Amount Budgeted/available:
CDC 825 Fund $ 600,000.00
TPWD Grant $ 400,000.00
TOTAL FUNDS AVAILABLE $1,000,000.00
Cost of recommended contract award: $104,870.00
Total Estimated Project Costs:
$ 104,870.00 Architecture/engineering
$ 795,130.00 Construction (Estimate)
$ 100,000.00 Other Costs (Specify) – over match for items not allowed for grant funding
$ 1,000,000.00 Total Estimated Cost
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STATE OF TEXAS § CITY OF THE COLONY, TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services (“Agreement”) is made by and between the
City of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”),
and MHS PLANNING AND DESIGN LLC (“Professional”) (individually, each a “Party” and
collectively, “Parties”), acting by and through the Parties’ authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services for City for West Shore
Park design, construction, and grant administration (“Project”) in accordance with the terms
and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement
to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of Professional’s profession, both public and private, currently practicing
in the same locality under similar conditions including but not limited to the exercise of
reasonable, informed judgments and prompt, timely action. If Professional is representing this it
has special expertise in one or more areas to be utilized in the performance of this Agreement,
then Professional agrees to perform those special expertise services to the appropriate local,
regional and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the “Effective Date”) and shall continue until completion of the services provided
by Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior
written notice to City. In the event of such termination by Professional, Professional shall be
entitled to compensation for services satisfactorily completed in accordance with this Agreement
prior to the date of such termination.
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2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to
the date of such termination. Upon receipt of such notice from City, Professional shall
immediately terminate working on, placing orders or entering into contracts for supplies,
assistance, facilities or materials in connection with this Agreement and shall proceed to
promptly cancel all existing contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A,
attached hereto and incorporated herein by reference, entitled “Scope of Services”. In case of
conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of
this Agreement shall control.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic
form, prepared by Professional and its consultants, agents, representatives, and/or employees in
connection with the Project (“Project Documents”) are intended for the use and benefit of City.
Professional and its consultants, agents, representatives, and/or employees shall be deemed the
authors of their respective part of said Project Documents. Notwithstanding the foregoing, City
shall own, have, keep and retain all rights, title and interest in and to all Project Documents,
including all ownership, common law, statutory, and other reserved rights, including copyrights,
in and to all such Project Documents, whether in draft form or final form, which are produced at
City’s request and in furtherance of this Agreement or for the Project. City shall have full
authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and
material or equipment suppliers to reproduce applicable portions of the Project Documents to
and for use in their execution of the work or for any other purpose. All materials and reports
prepared by Professional in connection with this Agreement are “works for hire” and shall be the
property of City. Professional shall, upon completion of the services provided under this
Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all
materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall
provide same in electronic format if requested by City. Any re-use of the Project Documents by
the City on any other project not contemplated or included under this Agreement shall be at the
City’s sole risk, without liability to Professional.
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Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the “Work Schedule”), which is attached hereto and incorporated as Exhibit
C.
4.2 In the event Professional’s performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in
fee or price, or to authorize damages or additional compensation as a consequence of such
delays, within a reasonable time after receipt of Professional’s request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be
claimed or made by Professional, unless Professional shall have made written request upon City
for such extension not later than five (5) business days after the occurrence of the cause serving
as the basis for such extension request, and unless City and Professional have agreed in writing
upon the allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit “B”
by payment of a fee not to exceed $104,870.00.
5.2 Each month Professional shall submit to City an invoice supporting the amount
for which payment is sought. Each invoice shall also state the percentage of work completed on
the Project through the end of the then submitted billing period, the total of the current invoice
amount, and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional’s approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services
that is unsatisfactory as determined by City or which is not performed in compliance with the
terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this
section constitute a waiver of any right, at law or in equity, which City may have if Professional
is in default, including the right to bring legal action for damages or for specific performance of
this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of
any subsequent default.
59
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates,
and within the time schedule prescribed by City, and without decreasing the effectiveness of the
performance of services required under this Agreement. In any event, when Professional is
directed to revise or expand the scope of services under this Agreement, Professional shall
provide City a written proposal for the entire costs involved in performing such additional
services. Prior to Professional undertaking any revised or expanded services as directed by City
under this Agreement, City must authorize in writing the nature and scope of the services and
accept the method and amount of compensation and the time involved in all phases of the
Project.
6.2 It is expressly understood and agreed to by Professional that any compensation
not specified in this Agreement may require approval by the City Council of the City of The
Colony and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile
machines, email facilities, and personnel necessary to perform the services required under this
Agreement unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with
the services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor,
and not as an agent, servant, representative, or employee of City. Professional shall supervise
the performance of its services and shall be entitled to control the manner, means and methods
by which Professional’s services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional’s
sequence of work or location at which Professional performs Professional’s work, except as may
be set forth in Exhibit “A”.
60
7.2 Professional shall be responsible for the professional quality, technical accuracy,
and the coordination of all designs, drawings, specifications, plans, and other services furnished
by Professional under this Agreement. Professional shall, without additional compensation,
correct or revise any errors or deficiencies in the Project Documents and other services provided
under this Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any
of, the services provided under this Agreement, shall be construed to operate as a waiver of any
rights under this Agreement, and Professional shall be and remain liable to City in accordance
with applicable law for all damages to City caused by Professional’s negligent performance of
any of the services furnished under this Agreement.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating
coverages, limits, expiration dates and compliance with all applicable required provisions.
Certificates shall reference the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: City Manager
6800 Main Street
The Colony, Texas 75056
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate,
and $1,000,000 general aggregate. Coverage must be written on an occurrence form.
The General Aggregate shall apply on a per project basis.
B. Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of
professional services caused by error, omission or negligent act with minimum limits of
$2,000,000 per claim, $2,000,000 annual aggregate.
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NOTE: If the insurance is written on a claims-made form, coverage shall be continuous
(by renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers’ Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader .
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a
financial rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal
working hours to all necessary Professional facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this
section. City shall give Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that
any subcontractor agrees that City shall have access to and the right to examine any directly
pertinent books, documents, papers and records of such subcontractor involving transactions
related to the subcontract, and further, that City shall have access during normal working hours
to all such subcontractor facilities and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this section. City shall give any
such subcontractor reasonable advance notice of intended audits.
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Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties
with respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to
grant all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall
govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall
be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree
to submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants, and obligations of the Parties, as well as any rights and benefits of the Parties,
pertaining to a period of time following the termination of this Agreement shall survive
termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections
10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent
by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
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If intended for City: With Copy to:
Troy C. Powell Pam Nelson
City Manager Community Services Director
City of The Colony City of The Colony
6800 Main Street 5151 N. Colony
The Colony, Texas 75056 The Colony, Texas 75056
If intended for Professional:
Hunter Rush, LI
MHS Planning and Design LLC
212 W. 9th St.
Tyler, Texas 75701
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its
employees, associates, agents or subcontractors for the accuracy and competency of their
designs, working drawings, specifications or other documents and work; nor shall such
acceptance be deemed an assumption of responsibility by City for any defect in the Project
Documents or other documents and work prepared by Professional, its employees, associates,
agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES,
DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S
FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY
TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO
THE EXTENT CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES
UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE
PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH
LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE
FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF
ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN
CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL,
ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT
PROFESSIONAL’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY
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SATISFACTORY TO CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS
SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF
INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail
to commence the services in accordance with the provisions of this Agreement or fail to
diligently provide services in an efficient, timely and careful manner and in strict accordance
with the provisions of this Agreement or fail to use an adequate number or quality of personnel
to complete the services or fail to perform any of Professional’s obligations under this
Agreement, then City shall have the right, if Professional shall not cure any such default after
thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall
not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy
due to Professional’s nonperformance under this Agreement, the cost to City to complete the
services to be performed under this Agreement is in excess of that part of the contract sum which
as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall
reimburse City for such excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that
its representatives may have access to or otherwise receive information during the furtherance of
Professional’s obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional’s
own use or the use of any third party at any time during or subsequent to this Agreement. As
used herein, “Confidential Information” means all oral and written information concerning the
City, its affiliates and subsidiaries, and all oral and written information concerning City or its
activities, that is of a non-public, proprietary or confidential nature including, without limitation,
information pertaining to customer lists, services, methods, processes and operating procedures,
together with all analyses, compilations, studies or other documents, whether prepared by
Professional or others, which contain or otherwise reflect such information. The term
“Confidential Information” shall not include such information that is or becomes generally
available to the public other than as a result of disclosure to Professional, or is required to be
disclosed by a governmental authority under applicable law.
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10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive
of any other right or remedy herein by law or equity provided or permitted; but each right or
remedy shall be cumulative of every other right or remedy given hereunder. No covenant or
condition of this Agreement may be waived without written consent of the Parties. Forbearance
or indulgence by either Party shall not constitute a waiver of any covenant or condition to be
performed pursuant to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding
the fact that such third person or entity may be in contractual relationship with City or
Professional or both; and (2) the terms of this Agreement are not intended to release, either by
contract or operation of law, any third person or entity from obligations owing by them to either
City or Professional.
EXECUTED this _______ day of _____________________, 20___.
City of The Colony, Texas
By:
City Manager
Attest:
City Secretary
EXECUTED this _______ day of _____________________, 20___.
Professional
By:
Name:
____________________________________
Title:
____________________________________
Attest:
Corporate Secretary
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212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
August 31st, 2020
Pam Nelson, Director
5151 North Colony Boulevard
The Colony, Texas 75056
RE: West Shore Park Design & Construction Administration
Dear Ms. Nelson:
It is my pleasure to submit this proposal for consulting and design services for West Shore Park
in The Colony, Texas as shown on the attached Exhibit ‘A’. Our scope of services for this
project is as follows:
1. Preliminary Reporting Phase - $25,405.00
a. Site Visit to view the existing conditions at the site.
b. Provide a boundary and topographic survey of the proposed park area to
be used during the design phase of the project.
c. Work in conjunction with the Owner to finalize a site layout for parking,
sidewalks, grading, paving, landscaping, pavilion, playground, and
utilities for the project.
d. Design Development presentation to review and discuss potential finish
out options for amenities included in the site plan.
e. Preliminary Geotechnical Report
f. Preliminary Grading and Drainage Plan
2. Design Phase - $39,465.00
a. Based on the approved preliminary design documents, coordinate and/or
prepare detailed construction drawings and specifications for erosion
control, grading, paving, drainage, utilities (water, sewer, electric, gas,
etc.) and other site improvements for the Project. The construction
drawings and specifications shall be prepared for the full project but may
be bid and awarded under multiple construction contracts.
b. Furnish to the Owner construction plans and specifications. These
documents typically include the following sheets, but all may not be
required for this project:
i. Cover Sheet
ii. Site Plan
iii. General Notes
67
212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
iv. Demolition Plan
v. Erosion Control Plan
vi. Drainage Area Map and Calculations
vii. Drainage Plan
viii. Paving Plan and Horizontal Control
ix. Site Utilities (Water, Wastewater, Electric, Gas, etc.)
x. Landscaping and Irrigation Plan
xi. Project Details (pavilion, playground, etc.)
3. Construction Phase - $26,500.00
a. Bi-weekly site visits to observe the progress and quality of work.
b. Check samples, catalog data, laboratory testing, shop drawings, mill tests
of materials and equipment, and other data which the Contractor is
required to submit, only for the conformance with the design concept.
c. Review and request approval of the contractor’s pay applications based on
the on-site observations of design professional.
d. Conduct a final inspection of the Project for conformance with the design
and recommend in writing final payment to the contractor.
4. Texas Parks and Wildlife Department (TPWD) Grant Administration - $8,500
a. Monitor and update the City’s TPWD online account and prepare
quarterly reports.
b. Prepare and submit all reimbursement request and back-up data.
Based on this scope of services, our lump sum fee for the project is $99,870.00. This fee
is based on a total construction budget of eight hundred fifty thousand dollars and no 100ths
($850,000.00). If the construction amount deviates significantly (±10% or more), the fee shall
be adjusted pro rata. Our proposal does exclude flood studies, flood map revisions, wetland
delineation, 404 permitting, cultural resources study, detention facilities, TxDOT Permits,
construction materials testing, and other items not specifically listed above. If our services are
needed for additional items, we can prepare a separate proposal or bill you hourly based on the
attached rate sheet.
If you find this proposal meets your needs, please sign below on the space provided,
retain one copy for your file and return one to us. Once we receive the signed proposal, we will
begin work. If you have any questions or need us to revise our proposal, please let me know.
Sincerely, Approved & Accepted______________________
Date_____________________
William H. Spencer
68
212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
MHS Planning & Design
Hourly Rates
Effective January 1, 2020
Managing Partner $180.00 per hour Professional Engineer $150.00 per hour Senior Planner $115.00 per hour Landscape Architect $105.00 per hour Senior CADD Drafter $90.00 per hour Senior Graphics Designer $90.00 per hour Engineer in Training (EIT) $80.00 per hour Planner $80.00 per hour CADD Drafter $75.00 per hour Word Processing/Clerical $45.00 per hour Mileage $0.57 per mile Reproduction, Aerial photography, etc. Cost plus 15%
***A service charge of 1.5% per month (18% annual rate) will be added to all balances 30 days
past due and will continue each month until the past due amount is received.
69
Interactive Map
CityLimits
GIS.GIS.Roads
Toll
Major
Collector
Local Road
GIS.GIS.AERIALS_2017
Red: Band_1
Green: Band_2
Blue: Band_3
Parcels
Addresses
11/14/2019, 2:13:44 PM
0 0.03 0.050.01 mi
0 0.04 0.070.02 km
1:1,000
The Colony
EXHIBIT 'A'
70
1
212 W. 9th Street Tyler, TX 75701 903.597.6606 mhs@mhsplanning.com TBPE#F-14571
City of The Colony, Texas
West Shore Park
Summary of Fees
Preliminary Reporting Phase $25,405
Design Phase $39,465
Construction Phase $26,500
Texas Parks and Wildlife Department (TPWD) Grant Administration $8,500
Reimbursable Expenses $5,000
TOTAL $104,870
71
West Shore Park
Design and Construction Documents
Project Timeline
Month 1 – Design Development
Month 2 – 30% Construction Plans and Specifications
Month 3 – 70% Construction Plans and Specifications
Month 4 – 90% Construction Plans and Specifications for City Review
Month 5 - 100% Const. Plans and Specs to USACE and TPWD
Month 6 to 12 - USACE and TPWD Plan Review
Month 13 – Advertise and Bid
Month 14 – Award Bid
Month 15 to 21 – Begin Construction (est. 180 days for construction)
72
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 CONTRACT FOR PROFESSIONAL SERVICES WITH MHS
PLANNING AND DESIGN, LLC, FORDESIGN SERVICES AT THE WEST
SHORE PARK PROJECT,AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY 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 the Contract for Professional Services by and between the City of The Colony, Texas,
and MHS Planning and Design, LLC, for design services for the West Shore Park Project, in the
amount of $104,870.00.
Section 3.The City Council of the City of The Colony, Texas, does hereby approve
and authorizes the City Manager to execute the Contract for Professional Services by and between
the City of The Colony, Texas, and MHS Planning and Design, LLC, attached hereto as Exhibit
A, and is incorporated herein for all purposes.
Section 4.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 17th day of November 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
_______
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
______
Jeffrey L. Moore, City Attorney
73
Exhibit A
Contract for Professional Services
74
Agenda Item No:5.7
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 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 $ 131,600.00 with Halff Associates, Inc. to prepare construction plans and
specifications for the reconstruction of Hendrix Drive. (Hartline)
Suggested Action:
Summary of Request:
Consider approval of a resolution authorizing the City Manager to sign an Engineering Design Services Contract
in the amount of $ 131,600.00 with Halff Associates, Inc. to prepare construction plans and specifications for
the reconstruction of Hendrix Drive.
Background:
City Council approved funding for reconstruction of Hendrix Drive in the 2020-2021 budget. The entire length of
Hendrix Drive from Knox Drive to Paige Road will be reconstructed to the same width as existing with
reinforced concrete pavement. Sidewalk and driveway returns within right-of-ways will be reconstructed and the
water main, wastewater main and street lights will also be replaced during the project.
The cost of the design contract is $ 131,600.00 and includes surveying, preparing design plans and
specifications, bidding services and construction management services. With approval, the project is
anticipated to start construction in July 2021 and has an estimated completion date of February 2022.
Recommendation:
Staff recommends approval of the design services contract with Halff Associates, Inc. for the reconstruction of
Hendrix Drive.
Suggested Motion:
I move to recommend approval of a resolution authorizing the City Manager to sign an Engineering Design
Services Contract in the amount of $ 131,600.00 with Halff Associates, Inc. to prepare construction plans and
specifications for the reconstruction of Hendrix Drive.
Attachments:
Location Map
Financial Summary
Scope of Services from Engineering Services Contract
75
Res. 2020-xxx Halff Associates - Hendrix Reconstruction.doc
76
MainPaigeNas h
Baker
North Colon y
NorrisBlair OaksSlay FoxStr ickland
Roberts Gates
Morning StarBig River
GlenviewJoyCrawford Perrin
Pemberton
Adams
Gibson
KnoxJohn YatesPearce
Ashlock
Wagner
M e m o ria lSouth ColonyPhelps
MarlarPruittStanleyKnightBrandenburg
Hetherington LongoPowers
Bedford
Shannon
Walk e r
Wheeler RaganSagers
Ramsey
MillerKing
Young
A listerT
a
ylor
YagerWilcox
BartlettPettitJennings
GriffinWitt
Overland
Rock Canyon
Rockwood
Green Hollow
DarbyThompson
Watkins
Legend
WexleyRolling HillKisor
ConcordMatsonColeElmMarsh
Carroll
MayesBlalockIvySutton
T w i t t y
BranchwoodDay SpringOxfordHendrix
Pain ter
Mountain ValleyLookoutCook
Bear RunWilshireLarner
FisherClover Valley
Westwood
LandmarkChatham
CreekdaleU s h e r
Bentley
Archer
Fall RiverHigh CliffNervin
FosterSouthmoor
H a m i l t o n
G r a h a m
PinebrookAl
l
enStratford
M i d d l e t o n
MerrellWom ack
Freeman
Carri
ageRiverview Dee ColePhoenix
Eagle River
Lake VistaLake Ridge
Gilliam ScottBarstowM a d i s o n
W
oodlands
Stone MountainCrestwood
Hardaway
Marks
Crutchberry
B an deraSanta FeAtterbury
Overton
Keller
HilltopPawneeCockrellW o o d m o s s
Trailvie
wCliffsideChowningMainPruitt MemorialSouth ColonyMa
y
e
s
PaigeMayesµHendrix Drive Street Reconstruction From Knox Drive to Paige RoadLocation Map
Hendrix Drive
77
FINANCIAL SUMMARY:
Are budgeted funds available: Yes Amount budgeted/available: $1,600,000.00
Fund(s) (Name and number): Fund 895-669-6670, Project # 012-SRH0146
Source of Funds: 2020-2021 Bond Proceeds
Cost of recommended contract award: $ 131,600.00
Total estimated project cost:
$ 131,600.00 Engineering (Halff Associates, Inc.) Already authorized Yes No
$ 1,468,400.00 Estimated Construction (Future) Already authorized Yes No
$ 1,600,000.00 Total estimated costs
78
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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 AN ENGINEERING DESIGN
SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE
COLONY AND HALFF ASSOCIATES, INC. TO PREPARE
SPECIFICATIONS AND CONSTRUCTION PLANS FOR THE
RECONSTRUCTION OF HENDRIX DRIVE; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City and Consultant have entered into a Contract that includes
surveying, preparing construction specifications and drawings, bidding services and construction
management; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Halff Associates, Inc. which is attached hereto and incorporated herein by
reference as Exhibit “A”under the terms and conditions provided therein; and
WHEREAS, with this Contract the City of The Colony is agreeing to the services
described in Exhibit “A” with the maximum amount for all services totaling $131,600.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Engineering Services Contract, 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 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 17th day of November 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
_______
Tina Stewart, TRMC, CMC, City Secretary
93
APPROVED AS TO FORM:
Jeff Moore, City Attorney
94
Agenda Item No:5.8
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the creation of The Colony Hotel Development Corporation,
approving the Articles of Incorporation, appointing the initial directors and chairperson and items related thereto.
(Maurina)
Suggested Action:
Attachments:
The Colony - Articles of Incorporation - The Colony Hotel Development Corporation - NRF.docx
Res. 2020-xxxx Hotel Development Corporation - Articles of Incorporation - NRF Comments.docx
95
101336730.1/1001111005
ARTICLES OF INCORPORATION
OF
THE COLONY HOTEL DEVELOPMENT CORPORATION
We, the undersigned natural persons, each of whom is at least eighteen (18) years of age
or more, and a resident of the City of The Colony, Texas (the “City”) and a citizen of the State of
Texas (the “State”), acting as incorporators of a corporation under the provisions of Subchapter D
of Chapter 431, Texas Transportation Code, as amended (the “Act”), and to the extent required by
the Act, Chapter 394, Texas Local Government Code, as amended (the “Local Government
Code”), do hereby adopt the following articles of incorporation for such corporation (the “Articles
of Incorporation”):
ARTICLE I
The name of the corporation is “THE COLONY HOTEL DEVELOPMENT
CORPORATION” (the “Corporation”).
ARTICLE II
The Corporation is a public, nonprofit corporation.
ARTICLE III
Subject to the provisions of Article XV, the period of duration of the Corporation shall be
perpetual.
ARTICLE IV
The Corporation is organized for the purpose of aiding, assisting, and acting on behalf of
the City in the performance of its governmental functions to promote the development of the
geographic area of the City included at or in the vicinity of The Colony Hotel and Convention
Center, in furtherance of the promotion, development, encouragement and maintenance of
employment, commerce, convention and meeting activity, tourism, and economic development in
the City, including specifically, without limitation, the acquisition, design, development,
construction, ownership, operation, improvement, enlargement, extension, maintenance and
financing of a convention center hotel to be located within 1000 feet of The Colony Hotel and
Convention Center (the “Project”).
The Corporation is formed pursuant to the provisions of the Act, which Act authorizes the
Corporation to assist and act on behalf of the City and to engage in activities in the furtherance of
the purpose for its creation.
To the extent necessary to carry out its authorized purposes, the Corporation shall have and
exercise all of the rights, powers, privileges, authority, and functions given by the general laws of
the State to corporations incorporated under the Act including, without limitation, all powers not
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in conflict with the Act granted to domestic nonprofit corporations by the Texas Nonprofit
Corporation Law, as defined by Section 1.008 of the Texas Business Organizations Code, as
amended, and shall have all other powers of a like or different nature not prohibited by law which
are necessary or useful to enable the Corporation to perform the authorized purposes for which it
is created.
The Corporation is created as a local government corporation pursuant to the Act and shall
be a governmental unit within the meaning of Section 101.001, Texas Civil Practice and Remedies
Code, as amended. The operations of the Corporation are governmental and not proprietary
functions for purposes of the Texas Tort Claims Act, Chapter 101, as amended, Texas Civil
Practice and Remedies Code. The Corporation shall not exercise the powers of sovereignty of the
City, including the power to tax, eminent domain power, or police power.
Prior to the consummation of the sale and delivery of any bonds, notes, or other forms of
debt instruments, the Corporation shall obtain the approval thereof from the City Council.
In the exercise of its powers, the Corporation may enter into, loan, lease, trust, or other
agreements as authorized by the Act that are necessary and appropriate to the fulfillment of the
public purpose of the Corporation, all of which agreements, and the specific uses, and the methods
of withdrawal and expenditure, of the proceeds the bonds, notes, or other debt instruments
proposed to be issued by the Corporation, shall be stated and described in the proceedings
authorizing such bonds, notes, or other debt instruments, and must be included as a part of the
approval process of the City Council required above. In connection with the issuance of its bonds,
notes, or other debt instruments, the Corporation shall select bond counsel and financial advisors
acceptable to the City Manager.
ARTICLE V
The Corporation shall have no members and is a non-stock corporation.
ARTICLE VI
The City Council has by resolution adopted on the 17
th day of November, 2020, authorized
the creation of the Corporation as a local government corporation and approved these Articles of
Incorporation pursuant to Subchapter D of the Act.
To the extent necessary to carry out its authorized purposes, the Corporation shall have and
exercise all of the rights, powers, privileges, authority, and functions given under the Act, the Local
Government Code, and under the general laws of the State to nonprofit corporations incorporated
under the Texas Nonprofit Corporation Law which are consistent with the provisions of the Act
with respect to the development and operation of the Project together with all powers incidental
thereto or necessary therefor.
The Corporation is a constituted authority and a public instrumentality within the meaning
of the regulations of the United States Treasury Department and the rulings of the Internal Revenue
Service prescribed and promulgated pursuant to section 103 of the Internal Revenue Code of 1986,
as amended (the “Code”) and the Corporation is authorized to act on behalf of the City as provided
in these Articles of Incorporation. However, the Corporation is not a political subdivision or
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political corporation of the State within the meaning of its State constitution and laws, including,
without limitation, Article III, Section 52 of the State Constitution, and no agreements, bonds,
debts, or obligations of the Corporation are or shall ever be deemed to be the agreements, bonds,
debts, or obligations, or the lending of credit, or a grant of public money or thing of value, of or
by the City, except as provided by State law, or any other political corporation, subdivision, or
agency of the State, or a pledge of the faith and credit of any of them.
ARTICLE VII
These Articles of Incorporation may at any time and from time to time be amended as
provided in the Local Government Code so as to make any changes therein and add any provisions
thereto permitted by law. Any such amendment not prohibited above shall be effected in either of
the following manners: (i) the members of the Board of Directors of the Corporation shall file
with the City a written application requesting permission to amend the Articles of Incorporation,
specifying in such application the amendments proposed to be made, the City may consider such
application and, if it shall by appropriate resolution duly find and determine that it is wise,
expedient, necessary or advisable that the proposed amendments be made and shall approve the
form of the proposed amendments, then the Board of Directors of the Corporation may amend the
Articles of Incorporation by adopting such amendments at a meeting of the Board of Directors and
delivering the articles of amendment to the Secretary of State for the State of Texas, or (ii) the City
Council may, in its sole discretion, and at any time, amend these Articles of Incorporation, and
change the structure, organization, programs, or activities of the Corporation, or terminate or
dissolve the Corporation (subject to the provisions of the Act, the Local Government Code, and
any limitation provided by the State Constitution and laws of the State and the United States of
America on the impairment of contracts entered into by the Corporation), by written resolution
adopting the amendment to the Articles of Incorporation of the Corporation or articles of
dissolution at a meeting of the City Council and delivering articles of amendment or dissolution to
the Secretary of State for the State of Texas, as provided in the Act. Restated Articles of
Incorporation may be filed with the Secretary of State for the State of Texas as provided in the
Act.
ARTICLE VIII
The meetings of the Corporation shall be subject to the Open Meetings Act, Chapter 551,
Texas Government Code, as amended, and the Board of Directors is subject to the Texas Public
Information Act, Chapter 552, Texas Government Code, as amended, in the same manner as if the
Corporation were a political subdivision.
ARTICLE IX
The initial bylaws of the Corporation shall be adopted by the Corporation’s Board of
Directors and shall, together with these Articles of Incorporation, govern the initial affairs of the
Corporation until and unless amended in accordance with the provisions of the Act and these
Articles of Incorporation. The bylaws and each amendment and repeal of the bylaws must be
approved by the City Council by resolution.
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ARTICLE X
The street address of the initial registered office of the Corporation is 6800 Main Street,
The Colony, Texas 75056, and the name of the initial registered agent at such address is Tina
Stewart.
ARTICLE XI
All powers of the Corporation shall be vested in a Board of Directors (the “Board”)
consisting of nine (9) persons, each of whom shall at all times have the qualifications set forth
below. The initial directors of the Corporation (“Director” or “Directors”) shall be those nine (9)
persons named in Article XII. Each initial Director named in Article XII hereof shall serve for an
initial term as indicated in Article XII. Subsequent Directors shall be appointed to the Board as
prescribed in the bylaws. Except as provided in the Articles of Incorporation, each subsequent
Director shall serve for the term provided in the bylaws. Any Director may be removed from
office by the City Council at any time, with or without cause.
ARTICLE XII
The number of Directors initially constituting the Board is nine (9). The names and
addresses of the nine (9) initial Directors are:
Name:Address:Term:
Joe McCourry 5769 Bedford Lane
The Colony, Texas 75056 December 31, 2022
Richard Boyer 5900 Southmoor Lane
The Colony, Texas 75056 December 31, 2022
Brian Wade 5541 Norris Drive
The Colony, Texas, 75056 December 31, 2022
Troy Powell 3909 Cedar Ridge Court
The Colony, Texas 75056 December 31, 2022
Tim Miller 5524 Green Hollow Lane
The Colony, Texas 75056 December 31, 2022
David Terre 3941 Teal Cove
The Colony, Texas 75056 December 31, 2021
Kirk Mikulec 5925 Cypress Cove
The Colony, Texas 75056 December 31, 2021
Perry Schrag 4308 Cape Cod
The Colony, Texas 75056 December 31, 2021
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Joel Marks 5622 Foster Street
The Colony, Texas 75056 December 31, 2021
All of the initial directors are residents of the City. Pursuant to Section 431.102(c) of the
Act, a majority of the Board of Directors will reside within the City.
ARTICLE XIII
The names and street addresses of the incorporators, each of whom resides within the City,
are:
Names:Address:
Troy Powell 3909 Cedar Ridge
The Colony, Texas 75056
Tim Miller 5524 Green Hollow Lane
The Colony, Texas 75056
Jeremie Maurina 4628 Freeman Drive
The Colony, Texas 75056
ARTICLE XIV
No Director shall be liable to the Corporation for monetary damages for an act or omission
in the Director’s capacity as a Director, except for liability (i) for any breach of the Director’s duty
of loyalty to the Corporation, (ii) for acts or omissions not in good faith or which involve
intentional misconduct or a knowing violation of law, (iii) for any transaction from which the
Director received an improper benefit, whether or not the benefit resulted from an act taken within
the scope of the Director’s office, or (iv) for acts or omissions for which the liability of a Director
is expressly provided by State law. Any repeal or amendment of this Article by the Directors shall
be prospective only, and shall not adversely affect any limitation on the personal liability of a
Director existing at the time of such repeal or amendment. In addition to the circumstances in
which a Director is not personally liable as set forth in the preceding sentences and the bylaws, a
Director shall not be liable to the fullest extend permitted by any amendment to the State law
hereafter enacted that further limits the liability of a Director.
ARTICLE XV
If the Board determines by resolution that the purposes for which the Corporation was
formed have been substantially met and all bonds or notes issued by and all other obligations
incurred by the Corporation have been fully paid, the Board shall execute a certificate of
dissolution which states those facts and declares the Corporation dissolved in accordance with the
requirements of Section 394.026 of the Local Government Code, as amended, or with applicable
law then in existence. In the event of dissolution of the Corporation, after the payment or
satisfaction of all debts, liabilities and obligations, all assets will be turned over to the City, or its
successor, unless the City Council shall otherwise direct.
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ARTICLE XVI
A.The City Council, by written resolution, may authorize and direct the dissolution of
the Corporation. However, the Corporation shall not be dissolved or liquidated, and
its business shall not be terminated, by act of the City Council or otherwise, so long
as the Corporation shall be obligated to pay any bonds, notes, or other obligations.
B.No action shall be taken pursuant to Paragraph A of this Article, in any manner or
at any time that would impair any contract, lease, right, or other obligation
theretofore executed, granted, or incurred by the Corporation.
ARTICLE XVII
As provided in the bylaws, the Corporation may indemnify any director, officer, agent or
former director, officer or agent of the Corporation for expenses and costs, including attorney's
fees, actually or necessarily incurred by the person in connection with any claim asserted against
the person, by action in court or other forum, by reason of such person having been a director,
officer or other agent.
ARTICLE XVIII
These Articles of Incorporation may not be changed or amended unless approved by the
City Council by resolution or ordinance.
IN WITNESS WHEREOF, we have hereunto set our hands this the 17
th day of
November, 2020.
____________________________________
Troy Powell, Incorporator
____________________________________
Tim Miller, Incorporator
____________________________________
Jeremie Maurina, Incorporator
101
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
I, the undersigned, a Notary Public of the State of Texas, do hereby certify that on this 17
th
day of November, 2020, Troy Powell, Tim Miller, and Jeremie Maurina, who each being by me
first duly sworn, severally declared that they are the persons who signed the foregoing document
as incorporators and that the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date and year above
written.
____________________________________
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
(SEAL)
My Commission Expires:
_________________________
102
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING AND APPROVING THE CREATION
OF THE COLONY HOTEL DEVELOPMENT CORPORATION;
APPROVING THE ARTICLES OF INCORPORATION; APPOINTING
THE INITIAL DIRECTORS AND CHAIRPERSON; AND CONTAINING
FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Subchapter D of Chapter 431, as amended, Texas Transportation Code
(“Chapter 431”), authorizes the creation and organization of public, non-profit local government
corporations to act as a duly constituted authority of a city to aid and assist the city in the
performance of one or more governmental functions; and
WHEREAS,Chapter 431 requires a local government corporation to be created pursuant
to the provisions of Chapter 394, as amended, Texas Local Government Code (“Chapter 394”),
and requires a local government corporation’s articles of incorporation be in the form and be
executed, approved, and filed in the manner prescribed by Chapter 394; and
WHEREAS,a local government corporation may have and exercise all of the powers
prescribed by Chapter 431, Chapter 394, and Texas Non-Profit Corporation Act, as codified in the
Texas Business Organizations Code (formerly Article 1396, as amended, Vernon’s Texas Civil
Statutes (collectively, the “Acts”); and
WHEREAS,Chapter 394 requires as condition to the creation of a local government
corporation that at least three (3) residents of the City and the State of Texas (the “State”) who are
at least eighteen (18) years of age submit a written application for the incorporation of the local
government corporation; and
WHEREAS,there has been presented to and filed with the City Secretary of the City of
The Colony, Texas (the “City”), an application executed by three (3) residents of the City who
meet the requirements of Chapter 394 requesting the incorporation of The Colony Hotel
Development Corporation (the “Corporation”); and
WHEREAS,the Corporation will be organized for the purpose of aiding, assisting, and
acting on behalf of the City in the performance of its governmental functions to promote the
development of the geographic area of the City included at or in the vicinity of The Colony Hotel
and Convention Center, in furtherance of the promotion, development, encouragement and
maintenance of employment, commerce, convention and meeting activity, tourism, and economic
development in the City, including specifically, without limitation, the acquisition, design,
development, construction, ownership, operation, improvement, enlargement, extension,
maintenance and financing of a convention center hotel to be located within 1000 feet of The
Colony Hotel and Convention Center (the “Project”); and
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WHEREAS,the City Council of the City (the “Council”) has reviewed and approved the
Articles of Incorporation attached hereto and has determined to authorize and approve the creation
of a local government corporation, a nonprofit entity, as its constituted authority and
instrumentality to accomplish the specific public purpose of acquiring, designing, developing,
constructing, owning, leasing, improving, enlarging, extending, operating, repairing, maintaining
and financing the Project, pursuant to the provisions of Chapter 431; and
WHEREAS,the Council hereby finds and determines that the adoption of this Resolution
is in the best interests of the citizens of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The Council hereby finds, determines, and declares that the application for
the incorporation of the Corporation was executed and filed in the manner required by Chapter
394, and the Council therefore has authority to consider and act on the application for incorporation
of the Corporation.
SECTION 2.The Council hereby finds, determines, recites, and declares that it is wise,
expedient, necessary, and advisable that the Corporation be formed, be created and organized
under the provisions of the Acts as a duly constituted authority of the City, and the Corporation is
hereby authorized to aid, assist, and act on behalf of the City in the performance of its
governmental functions to promote, develop, encourage, and maintain employment, commerce,
and economic development in the City and the State; and to perform the other purposes described
in the Articles of Incorporation.
SECTION 3.The public purposes of the City which the Corporation may further on
behalf of the City are aiding, assisting, and acting on behalf of the City to cause and arrange for
acquiring, designing, developing, constructing, owning, leasing, improving, enlarging, extending,
operating, repairing, maintaining and financing a convention center hotel to be located within 1000
feet of The Colony Hotel and Convention Center, and to take all lawful actions necessary or useful
in furthering such public purposes.
SECTION 4. The Corporation is hereby designated as the duly constituted authority and
instrumentality of the City (within the meaning of those terms in the regulations of the Treasury
and the rulings of the Internal Revenue Service prescribed and promulgated pursuant to section
103 of the Internal Revenue Code of 1986, as amended) and shall be authorized to act on behalf
of the City for the specific public purposes set forth in Section 3 hereof; but the Corporation is not
intended to be and shall not be a political subdivision or a political corporation within the meaning
of the Constitution and the general laws of the State, including without limitation Article III,
Section 52 of the State Constitution, and the City does not delegate to the Corporation any of its
attributes of sovereignty, including the power to tax, the power of eminent domain, or its police
power.
SECTION 5.This Resolution is adopted for the purpose of satisfying the conditions and
requirements of the Acts and of section 103 of the Internal Revenue Code of 1986, as amended,
and the regulations prescribed thereunder from time to time and for the benefit of the Corporation,
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the City, the owners or holders from time to time of the bonds or notes of the Corporation, and all
other interested persons.
SECTION 6.The Council hereby approves the Articles of Incorporation of the
Corporation in substantially the form attached hereto as Exhibit A,and authorizes the
incorporators of the Corporation to file such Articles of Incorporation with the Secretary of State
of the State of Texas in the manner provided by law.
SECTION 7. The Council hereby appoints the Directors listed in the Articles of
Incorporation attached hereto to the initial Board of Directors for the Corporation. Subsequent
Directors shall be appointed as provided in the Bylaws.
SECTION 8.The Council appoints Mayor pro tem Richard Boyer as the initial
Chairperson of the Board of Directors. Subsequent chairpersons shall be designated as provided
by the Bylaws.
SECTION 9.The Corporation may, under the conditions set forth in the Acts and in this
Resolution, issue, or provide for the issuance of, bonds or notes, acquire, lease, sell, or convey
certain properties, and enter into purchase agreements, lease agreements, credit agreements,
operating agreements, and all other agreements necessary or useful in connection with the Project.
Furthermore, bonds or notes issued by the Corporation shall be deemed not to constitute a debt of
the State, the City, or of any other political corporation, subdivision, or agency of the State of
Texas or a pledge of the faith and credit or taxing power of any of them, but such bonds or notes
shall be payable solely from the revenues pledged to the payment of such bonds or notes. In no
event shall the Corporation be authorized to levy ad valorem taxes.
SECTION 10. The Council hereby finds, determines, recites, and declares that any notes,
bonds, loans, debts, or other obligations of the Corporation shall not be deemed an indebtedness,
liability, general or moral obligation or pledge of the faith or credit of the State, the City, or any
other political subdivision or governmental unit, nor shall any such notes, bonds, loans, debts or
other obligations constitute an indebtedness within the meaning of any constitutional or statutory
debt limitation or restriction or any agreement, obligation, or indebtedness of the City or of the
State within the meaning of any constitutional or statutory provision whatsoever.
SECTION 11.The Council hereby finds, determines, recites, and declares that it is the
purpose, intent, and desire of the City in approving the creation of the Corporation and its Articles
of Incorporation, that such actions and the Corporation hereby authorized comply with the
requirements of the Internal Revenue Code 1986, as amended, and the Treasury Regulations and
Internal Revenue Service rulings promulgated thereunder and the rulings issued pursuant thereto,
such that the Corporation shall be deemed to be a constituted authority acting on behalf of the City
pursuant to the provisions of the Acts.
SECTION 12. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the Council.
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SECTION 13.All orders and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict,
and the provisions of this Resolution shall be and remain controlling as to the matters ordained
herein.
SECTION 14. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 15. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the Council
hereby declares that this Resolution would have been enacted without such invalid provision.
SECTION 16. 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 Chapter 551, as amended, Texas Government Code.
SECTION 17. This Ordinance shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 17th day of NOVEMBER, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Exhibit A
Articles of Incorporation
For
The Colony Hotel Development Corporation
107
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 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 551.076 of the Texas
Government Code to deliberate the deployment or specific occasions for implementation, of security personnel
or devices or a security audit.
Suggested Action:
Attachments:
108
Agenda Item No:8.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 17, 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 deployment or specific occasions for
implementation, of security personnel or devices or a security audit.
Suggested Action:
Attachments:
109