HomeMy WebLinkAbout2021 0105Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Presentation
Agenda Section:
Subject:
Receive a presentation from Matthews Southwest on the LPGA tournament. (Powell)
Suggested Action:
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
6
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Special Session meeting minutes for December 14, 2020 and Regular
Session meeting minutes for December 15, 2020. (Stewart)
Suggested Action:
Attachments:
CC December 14, 2020 Board Interview DRAFT Minutes.doc
CC December 15, 2020 DRAFT Minutes.docx
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MINUTES OF CITY COUNCIL SPECIAL SESSION
HELD ON
DECEMBER 14, 2020
The Special Session of the City Council of the City of The Colony, Texas, was called to order at
6:49 p.m. on the 14
th day of December, 2020, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Joe McCourry Mayor Present
Kirk Mikulec Councilmember Present
Richard Boyer Councilmember Present
Brian Wade Mayor Pro-Tem Absent (Personal)
David Terre Deputy Mayor Pro Tem Present
Perry Schrag Councilmember Absent (Personal)
Joel Marks Councilmember Absent (Personal)
And with four council members present a quorum was established and the following items were
addressed:
1. Call to Order – Mayor McCourry called the meeting to order at 6:49 p.m.
2. City Council to conduct interviews for appointments to the following advisory board:
Keep The Colony Beautiful and Board of Adjustment
Executive Session was convened at 6:50 p.m.
3. Executive Session
A. The City Council shall convene into closed executive session pursuant to Section
551.074 of the Texas Government Code to conduct interviews and to deliberate the
appointment, evaluation, reassignment, or duties of the following board members:
Board of Adjustment
Regular Session was reconvened at 8:06 p.m.
4. Executive Session Action
Any action as a result of executive session regarding the appointment, evaluation,
reassignment, or duties of the following advisory boards:
Motion to appoint Jacob Evans, to Alternate 2 on the Board of Adjustment Advisory Board-
Terre; second by Mikulec, motion carried with all ayes.
5. Discuss and consider the appointment, evaluation, reassignment, or duties of the
following advisory boards:
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Keep The Colony Beautiful Board
Motion to appoint Brenda Armour, to Place 4 on the Keep The Colony Beautiful Board-
Mikulec; second by Boyer, motion carried with all ayes.
6. Adjourn
And with no further business to discuss the meeting was adjourned at 8:10 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_____
Tina Stewart, TRMC, CMC, City Secretary
9
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
DECEMBER 15, 2020
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:33 p.m. on the 15
th day of December 2020, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Joe McCourry, Mayor
Kirk Mikulec, Councilmember
Richard Boyer, Deputy Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Mayor Pro Tem
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Present
And with 7 council members present a quorum was established and the following items were
addressed in this meeting remotely via videoconference.
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor McCourry called the meeting to order at 6:33 p.m.
1.2 Invocation
Pastor Bruce White of The Journey Baptist Church delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
Councilmember Wade recognized the Parks and Recreation Department for their
outstanding work on The Colony Christmas Parade held Saturday, December 5,
2020.
Councilmember Terre announced that there will be a special event sponsored by
Citizens of The Tribute on Friday, December 18, 2020 at 12:00 p.m. to honor The
Colony Police Department. The event will be held at 5151 North Colony Boulevard
in the parking area near the Community Center.
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City Council – Regular Meeting Agenda
December 15, 2020
Page| 2
2.0 CAVASS THE ELECTION
2.1 Discuss and consider approving an ordinance canvassing the returns and declaring the
results of a run-off election held on Tuesday, December 8, 2020, for the purpose of electing
one council member for Places 3, 4 and 5.
Mayor McCourry read excerpts from the canvassing ordinance of the Runoff Election held
on December 8, 2020.
Motion to approve- Mikulec; second by Terre, motion carried with all ayes.
2.2 Oath of Office for elected City Council members of Place 3, 4 and 5.
City Secretary, Tina Stewart, administered the Oath of Office to Brian Wade, David Terre
and Perry Schrag.
3.0 CITIZEN INPUT
None
4.0 WORK SESSION
4.1 Receive a presentation from Matthews Southwest on the LPGA tournament. (Powell)
City Manager, Troy Powell, stated Matthews Southwest has requested this item be moved
to the first meeting in January.
4.2 Council to provide direction to staff regarding future agenda items. (Council)
Councilmember Wade requested a future discussion on The Colony's Christmas Parade
and Holiday in the Park events to resemble surrounding cities holiday traditions.
Council provided discussion on this item.
5.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Schrag; second by Wade, motion carried
with all ayes.
5.1 Consider approving City Council Regular Session meeting minutes for December
1, 2020.
5.2 Consider approving Council expenditures for the month of October 2020.
5.3 Consider approving the appointment of James Ries to Place 2 on the Technologies
Board.
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City Council – Regular Meeting Agenda
December 15, 2020
Page| 3
5.4 Consider approving a resolution authorizing the City Manager to execute the
rejection of all “Request for Proposals” (RFQ) submitted for the Jail Control
System Bid #75-21-03.
RESOLUTION NO. 2020-082
5.5 Consider approving a resolution authorizing the City Manager to issue a purchase order in
the amount of $70,090.99 to Watson Consoles - RMG Solutions for the build and
installation of four (4) Mercury Pro Consoles in the newly renovated Dispatch Center.
RESOLUTION NO. 2020-083
5.6 Consider approving a resolution authorizing the City Manager to execute a
Communications Facility License Agreement and Memorandum of License with Cellco
Partnership d/b/a Verizon Wireless.
RESOLUTION NO. 2020-084
5.7 Consider approving a resolution authorizing the City Manager to execute a Construction
Contract in the amount of $174,616.00 with Crossland Heavy Contractors, Inc. for the
Wynnwood Pump Station Piping Modification.
RESOLUTION NO. 2020-085
5.8 Consider approving a resolution authorizing the City Manager to execute a Contract
Amendment with RoeschCo Construction, Inc. to include construction of the Stewart Creek
Park entry lane, concrete roadway for gate loops and kiosk islands in the amount of
$72,764.19 with funding from the Lake Parks account.
RESOLUTION NO. 2020-086
6.0 REGULAR AGENDA ITEMS
6.1 Discuss and elect Mayor Pro Tem and Deputy Mayor Pro Tem according to the Code of
Ordinances, Chapter 2, Section 2-4 (b).
Motion to approve the nomination of Richard Boyer as Mayor Pro Tem-Mikulec; second by
Wade, motion carried with all ayes.
Motion to approve the nomination of Kirk Mikulec as Deputy Mayor Pro Tem-Boyer; second
by Wade, motion carried with all ayes.
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City Council – Regular Meeting Agenda
December 15, 2020
Page| 4
***MAYOR MCCOURRY COMBINED AGENDA ITEM 6.2 AND 6.3***
6.2 Discuss and consider making appointments to the Tax Increment Reinvestment Zone
Number One Board of Directors for terms expiring December 2020.
6.3 Discuss and consider appointing a member of the Tax Increment Reinvestment Zone
Number One Board of Directors to serve as Chairman for a one year term.
Motion to approve the reappointments of all members and the reinstatement of the chairman-
Mikulec; second by Marks, motion carried with all ayes.
***MAYOR MCCOURRY COMBINED AGENDA ITEM 6.4 AND 6.5***
6.4 Discuss and consider making appointments to the Tax Increment Reinvestment Zone
Number Two Board of Directors for terms expiring December 2020.
6.5 Discuss and consider appointing a member of the Tax Increment Reinvestment Zone
Number Two Board of Directors as Chairman for a one year term.
Motion to approve the reappointments of all members and the reinstatement of the chairman-
Boyer; second by Marks, motion carried with all ayes.
***MAYOR MCCOURRY COMBINED AGENDA ITEM 6.6 AND 6.7***
6.6 Discuss and consider making appointments to the Local Development Corporation Board
of Directors for terms expiring December 2020.
6.7 Discuss and consider appointing a member of the Local Development Corporation Board
of Directors to serve as Chairman for a one year term.
Motion to approve the reappointments of all members and the reinstatement of the chairman-
Marks; second by Boyer, motion carried with all ayes.
6.8 Discuss and consider a resolution approving bylaws of The Colony Hotel Development
Corporation.
City Attorney, Jeff Moore, requested this item be pulled from the agenda and added
to the first meeting in January due to documents pending from the Secretary of
State.
Executive Session was convened at 7:10 p.m.
7.0 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
13
City Council – Regular Meeting Agenda
December 15, 2020
Page| 5
Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos
Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16, and related
agreement with Lonzar Delaware, Inc., a Delaware corporation.
Regular Session was reconvened at 7:26 p.m.
8.0 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
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:26 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
14
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Consider approving the reappointment of all city Boards and Commission members whose terms were
extended until December 31, 2020; and setting the new term dates for those members from January 1, 2021
through June 30, 2022. (Council)
Suggested Action:
On March 13, 2020, the President of the United States declared the COVID-19 outbreak a national health
emergency beginning on March 1, 2020.
On March 13, 2020, the Governor of the State of Texas declared a state of disaster for all counties in Texas in
response to the COVID-19 outbreak. Many of the City board and commissions are appointed in June of each
year.
COVID-19 outbreak required governmental bodies including the City Council for the City of The Colony to meet
remotely and thus unable to interview potential board members in person.
Given the current COVID-19 outbreak, the City Council for the City of The Colony, Texas, finds and determines
it is in the best interest of the City of The Colony, Texas, and its citizens, for all board and commission
members whose terms expire in the year 2020, to extend those terms of office through December 31, 2020.
On June 2, 2020, City Council approved resolution 2020-026, which became effective in accordance with the
law.
Attachments:
15
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to accept a bid from HUBER Technology, Inc. in
the amount of $50,246.70 for the complete full service (parts and labor) rehabilitation of the Huber FineScreens
(2 each) and associated Huber equipment at the Stewart Creek Waste Water Treatment Plant. (Stovall)
Suggested Action:
Attachments:
Huber Technology, Inc. Source Letter.doc
Huber Technology, Inc. Quote.pdf
Res. 2021-xxx HUBER Technology, Inc. Bid.docx
16
December 1, 2020
Stewart Creek WWTP
7500 Forrest Dr.
The Colony, TX 75056
Subject: Sole Source Letter
Stewart Creek WWTP (Robert Chesney):
This letter serves as a sole source document for products manufactured by Huber SE,
HydroPress Huber AB and Huber Picatech AG.
Huber Technology, Inc. based in Denver, NC is the only vendor of ROTAMAT®-Waschpresse WAP
® and parts for the ROTAMAT®-Waschpresse WAP ®.
Replacements parts for the ROTAMAT®-Waschpresse WAP ® manufactured by Huber SE are
unique in design based on more than 20 years of application experience. Material selection is
critical for the life expectancy of these parts and your ROTAMAT®-Waschpresse WAP ®. The
proper parts design and parts manufacture ensures the lowest possible life-cycle cost for your
ROTAMAT®-Waschpresse WAP ®.
Huber Technology Inc. is a subsidiary of the original manufacturer, Huber SE and the only
source for the parts in the United States and Canada. Any warranty on your ROTAMAT®-
Waschpresse WAP ® is void if non-factory parts are used.
To the best of my our knowledge, no other vendor manufactures and distributes these or similar
items. In addition to supplying spare parts for your ROTAMAT®-Waschpresse WAP ®, Huber
Technology, Inc. also offers full service and repair services for your ROTAMAT®-Waschpresse
WAP ®.
Please let me know should you need further details.
Yours faithfully,
Mike Suddreth
Aftermarket Sales Manager
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - ____
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ACCEPT THE BID HUBER TECHNOLOGY, INC.,
FOR THE COMPLETE FULL SERVICE (PARTS AND LABOR)
REHABILITATION OF THE HUBER FINESCREENS (2 EACH) AND
ASSOCIATED HUBER EQUIPMENT AT STEWART CREEK WASTEWATER
TREATMENT PLANT; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to accept a bid from HUBER Technolgy, Inc. for the complete full service
(parts and labor) rehabilitation of the Huber FineScreens (2 each) and associated Huber
equipment at Stewart Creek Wastewater Treatment Plant.
Section 2. That the City Manager or his designee is authorized to accept the bid.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas this 5th day of January, 2021.
______________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
28
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $104,938.00 with Saber Development Corporation to install a 12-inch bypass water line from the
Wynnwood Pump Station to an existing 12-inch water line beneath Lebanon Road. (Hartline)
Suggested Action:
Background:
City Council approved funding for the construction of the 12-inch bypass water line in the 2019-2020 budget
issuance.
The project will involve the installation of a 12-inch bypass water line that will connect the existing 16-inch water
line at the Wynnwood Pump Station to an existing 12-inch public water line near the intersection of Lebanon
Road/Scotty’s Lane that was installed during the construction of Strike Middle School. This new bypass water
line was recommended in the City’s Water Master Plan and will provide secondary system to provide water to
the Tribute subdivisions in the event of a failure or damage to the primary 20-inch water line that currently
distributes water to the Tribute.
The project bids were opened on December 9, 2020 and the low bidder was Saber Development Corporation at
a cost of $104,938.00. Halff Associates, the Project Design Engineer, received positive feedback from
representatives from cities that have previously worked with the contractor including the City of Mansfield and
City of Cedar Hill and recommends approval of the contract with this company. See attached Engineering
Recommendation letter for additional information.
Recommendations:
Staff recommends approval of a Construction Services Contract with Saber Development Corporation to install
a 12-inch bypass water line from the Wynnwood Pump Station to Lebanon Road. With approval, the project is
anticipated to start construction in February 2021 with an estimated completion date in June 2021.
Suggested motion:
I move to recommend approval of a resolution authorizing the City Manager to sign a Construction Services
Contract in the amount of $104,938.00 with Saber Development Corporation to install a 12-inch bypass water
line from the Wynnwood Pump Station to an existing 12-inch water line beneath Lebanon Road.
Attachments:
Location Map
Overall Site Plan Sheet For 12 Inch Bypass Water Line
29
Engineering Recommendation Letter
Certified Bid Tab
Financial Summary
Res. 2021-xxx Saber Development Corporation Contract.doc
30
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µ12-Inch Bypass Water Line From The Wynwood Pump Station To An Existing Water Line Beneath Lebanon Road Location Map
North Colony Blvd
Project Location
Wynnwood Pump Station
Future Fire Station 5
31
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4000 Fossil Creek Boulevard
Fort Worth, Texas 76182
(817) 847-1422
Fax (817) 232-9784
December 18, 2020
AVO 035266.001
Mr. Ron Hartline, P.E.
Director of Engineering
City of The Colony
6800 Main Street
The Colony, Texas 75056
Re: Fire Station #5 12 Water Line Bid # 69-20-16_12-Inch Water Line
Dear Mr. Hartline:
Bids were opened on the above-referenced project on Wednesday, December 9, 2020, at the City
of The Colony. Fifteen (15) bids were received, and they ranged from a high bid of $160,384 to a
low bid of $104,938. Saber Development Corporation was the low bidder. We have contacted
their provided references, the City of Mansfield and the City of Cedar Hill, who have awarded
similar projects to Saber Development Corporation to verify their qualifications.
We contacted Kevin Reed with the City of Mansfield concerning Saber Development s
performance on their 16 Water Line Installation. Mr. Reed said that Saber Development
constructed 4,400 feet of 16 PVC water line loop for a new development. The water line included
a few creek crossings and bores but consisted mainly of open cut installation. The only change
orders made were client initiated, and the work was completed on time. The new line has been in
service for over two years and has no issues. Mr. Reed recommends Saber Development.
We also contacted Steve Schell with the City of Cedar Hill regarding their experience with Saber
Development. Saber Development has been working with the City of Cedar Hill in the
construction of 2,300 feet of 8 water line replacement, which is about 98% complete. Mr. Schell
stated that Saber Development has been on time and has worked well with property owners. Mr.
Schell also said that they have had no negative issues with the contractor nor with the quality of the
construction installation. Saber Development is recommended for future Cedar Hill projects.
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, and , Halff Associates has determined that Saber
Development Corporation is the lowest responsible bidder.
Please call me at (817) 847-1422 if you have any questions or comments.
33
Mr. Ron Hartline, P.E.
December 18, 2020
Page 2
Sincerely,
HALFF ASSOCIATES, INC.
Leigh A. Hollis, P.E.
34
City of The Colony - Fire Station 5 12 in. Water LineBid Opening: December 9, 2020City of The Colony Project Manager: Ron Hartline, PEHalff Associates, Inc. Project Manager: Leigh A. Hollis, PELow BidderSaber Development CorporationFour Star Excavating A&B Construction LLCPennington Utility ConstructionBASE BID$104,938.00$109,473.00$111,637.00$117,576.00TOTAL PROJECT$104,938.00$109,473.00$111,637.00$117,576.00Bid BondYesYesNoYesTrivince General Contractors, LLCGrod Construction, LLC. SYB Construction Co., Inc. Hayes Construction, LLC. WillCo Underground$122,460.00$124,209.00$132,077.00$133,954.70$133,964.00$122,460.00$124,209.00$132,077.00$133,954.70$133,964.00Yes YesYesYesYesDowager Utility Construction, LTDCanary Construction, Inc Excel 4 Construction, LLC Quality Excavation, Ltd.Dickerson Construction Company Inc.$135,161.00$138,534.00$143,508.00$145,138.00$147,675.00$135,161.00$138,534.00$143,508.00$145,138.00$147,675.00Yes YesYesYesYesAtkins Bros. Equip. Co., Inc.$160,384.00$160,384.00YesBids Certified by: _____________________________________________________________BID SUMMARYLeigh A. Hollis, PE235
FIRE STATION 5 WATER LINECITY OF THE COLONYSaber Development Corporation Four Star Excavating A&B Construction LLC Pennington Utility Construction Trivince General Contractors, LLCBID OPENS: December 9, 20202351 W NW Hwy Suite 1300 6825 Levelland Suit 2B 3001 Sale Street Suite 117 13350 Euless St 917 Ashwood Dr.Dallas, TX 75220 Dallas TX 75252 Dallas, TX 75219 Euless, TX 76040 Garland, TX 75041469-585-0312 972-330-6767 469-422-5429 817-952-3511 469-655-4954ITEM #DESCRIPTION U/M QTY UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $TOTAL $ UNIT $ TOTAL $1 Construction StakingLS 1 1,200.00 1,200.00 1,500.00 1,500.00 2,000.00 2,000.00 750.00 750.00 3,500.00 3,500.00 2 Trench SafetyLF 379 3.00 1,137.00 1.00 379.00 3.00 1,137.00 1.00 379.00 20.00 7,580.00 3 Mobilization and General Site PreparationLS 1 5,000.00 5,000.00 4,800.00 4,800.00 5,000.00 5,000.00 5,830.00 5,830.00 3,500.00 3,500.00 4 Barricades, Warning and Detour Signs, and FencesLS 1 1,000.00 1,000.00 1,700.00 1,700.00 10,000.00 10,000.00 1,950.00 1,950.00 6,000.00 6,000.00 5 Stabilized Construction EntranceEA 1 3,500.00 3,500.00 1,500.00 1,500.00 3,000.00 3,000.00 500.00 500.00 5,500.00 5,500.00 6 Silt Fence, furnish and install complete in place.LF 695 2.00 1,390.00 4.00 2,780.00 3.00 2,085.00 1.00 695.00 5.00 3,475.00 7 Hydromulch SeedingSY 1,660 2.50 4,150.00 8.00 13,280.00 6.00 9,960.00 2.00 3,320.00 6.00 9,960.00 8 Sawcut, Remove & Replace Existing Concrete Sidewalk SF 30 11.00 330.00 24.00 720.00 75.00 2,250.00 45.00 1,350.00 70.00 2,100.00 9 Sawcut, Remove & Replace Existing Concrete Barrier Free Ramp EA 1 1,800.00 1,800.00 1,500.00 1,500.00 2,400.00 2,400.00 1,850.00 1,850.00 3,200.00 3,200.00 10 6-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 10 90.00 900.00 73.00 730.00 50.00 500.00 88.00 880.00 60.00 600.00 11 8-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 10 94.00 940.00 84.00 840.00 65.00 650.00 100.00 1,000.00 65.00 650.00 12 12-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 339 124.00 42,036.00 96.00 32,544.00 95.00 32,205.00 198.00 67,122.00 55.00 18,645.00 13 6" Gate ValveEa 1 880.00 880.00 1,900.00 1,900.00 1,600.00 1,600.00 1,250.00 1,250.00 2,500.00 2,500.00 14 8" Gate ValveEa 1 1,600.00 1,600.00 3,200.00 3,200.00 2,000.00 2,000.00 1,500.00 1,500.00 2,500.00 2,500.00 15 12" Gate ValveEa 5 4,125.00 20,625.00 3,400.00 17,000.00 3,400.00 17,000.00 2,450.00 12,250.00 4,000.00 20,000.00 16 2" Water Service LineEa 2 4,500.00 9,000.00 4,400.00 8,800.00 1,800.00 3,600.00 4,200.00 8,400.00 4,000.00 8,000.00 17 Water Meter BoxesEa 2 75.00 150.00 250.00 500.00 500.00 1,000.00 250.00 500.00 2,500.00 5,000.00 18 Additional 12-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 150 50.00 7,500.00 96.00 14,400.00 95.00 14,250.00 45.00 6,750.00 65.00 9,750.00 19 Pothole existing site utilities prior to constructionLS 1 1,800.00 1,800.00 1,400.00 1,400.00 1,000.00 1,000.00 1,300.00 1,300.00 10,000.00 10,000.00 BID ITEMS 1 THRU 19 $ 104,938.00 $ 109,473.00 $ 111,637.00 $ 117,576.00 $ 122,460.00 BID BOND RECEIVED? YES/NOYes Yes NO Yes YesCOMPANYCOMPANYCOMPANYCOMPANYCOMPANY36
FIRE STATION 5 WATER LINECITY OF THE COLONYGrod Construction, LLC. SYB Construction Co., Inc. Hayes Construction, LLC. WillCo Underground Dowager Utility Construction, LTDBID OPENS: December 9, 2020889 E. Rock Island Ave. 421 Compton Ave 409 Waters Edge Way PO Box 1807 2464 Manana Dr.Boyd, TX 76023 Irving, TX 75061 Murphy, TX 75094 Mansfield, TX 76063 Dallas, TX 75220682-302-3219972-658-2605 817-888-2747 972-931-1263ITEM #DESCRIPTION U/M QTY UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $TOTAL $ UNIT $ TOTAL $1 Construction StakingLS 1 5,000.00 5,000.00 5,000.00 5,000.00 2,500.00 2,500.00 10,000.00 10,000.00 4,000.00 4,000.00 2 Trench SafetyLF 379 4.00 1,516.00 3.00 1,137.00 15.30 5,798.70 1.00 379.00 1.00 379.00 3 Mobilization and General Site PreparationLS 1 16,000.00 16,000.00 5,500.00 5,500.00 5,500.00 5,500.00 18,000.00 18,000.00 5,000.00 5,000.00 4 Barricades, Warning and Detour Signs, and FencesLS 1 9,000.00 9,000.00 3,000.00 3,000.00 3,000.00 3,000.00 5,000.00 5,000.00 200.00 200.00 5 Stabilized Construction EntranceEA 1 1,300.00 1,300.00 2,800.00 2,800.00 1,500.00 1,500.00 2,000.00 2,000.00 500.00 500.00 6 Silt Fence, furnish and install complete in place.LF 695 3.00 2,085.00 3.00 2,085.00 3.00 2,085.00 5.00 3,475.00 2.00 1,390.00 7 Hydromulch SeedingSY 1,660 8.00 13,280.00 5.00 8,300.00 0.60 996.00 2.00 3,320.00 3.00 4,980.00 8 Sawcut, Remove & Replace Existing Concrete Sidewalk SF 30 18.00 540.00 51.00 1,530.00 40.00 1,200.00 100.00 3,000.00 30.00 900.00 9 Sawcut, Remove & Replace Existing Concrete Barrier Free Ramp EA 1 2,000.00 2,000.00 3,950.00 3,950.00 4,300.00 4,300.00 2,000.00 2,000.00 1,000.00 1,000.00 10 6-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 10 121.00 1,210.00 135.00 1,350.00 200.00 2,000.00 60.00 600.00 100.00 1,000.00 11 8-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 10 132.00 1,320.00 150.00 1,500.00 220.00 2,200.00 90.00 900.00 110.00 1,100.00 12 12-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 339 72.00 24,408.00 115.00 38,985.00 125.00 42,375.00 110.00 37,290.00 208.00 70,512.00 13 6" Gate ValveEa 1 2,100.00 2,100.00 2,500.00 2,500.00 4,200.00 4,200.00 2,000.00 2,000.00 1,500.00 1,500.00 14 8" Gate ValveEa 1 2,400.00 2,400.00 3,650.00 3,650.00 4,700.00 4,700.00 3,000.00 3,000.00 2,500.00 2,500.00 15 12" Gate ValveEa 5 3,200.00 16,000.00 3,550.00 17,750.00 5,600.00 28,000.00 4,000.00 20,000.00 3,200.00 16,000.00 16 2" Water Service LineEa 2 3,600.00 7,200.00 5,650.00 11,300.00 375.00 750.00 2,500.00 5,000.00 2,000.00 4,000.00 17 Water Meter BoxesEa 2 500.00 1,000.00 245.00 490.00 300.00 600.00 500.00 1,000.00 100.00 200.00 18 Additional 12-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 150 79.00 11,850.00 115.00 17,250.00 125.00 18,750.00 80.00 12,000.00 120.00 18,000.00 19 Pothole existing site utilities prior to constructionLS 1 6,000.00 6,000.00 4,000.00 4,000.00 3,500.00 3,500.00 5,000.00 5,000.00 2,000.00 2,000.00 BID ITEMS 1 THRU 19 $ 124,209.00 $ 132,077.00 $ 133,954.70 $ 133,964.00 $ 135,161.00 BID BOND RECEIVED? YES/NOYes Yes Yes Yes YesCOMPANYCOMPANYCOMPANYCOMPANYCOMPANY37
FIRE STATION 5 WATER LINECITY OF THE COLONYCanary Construction, Inc Excel 4 Construction, LLC Quality Excavation, Ltd. Dickerson Construction Company Inc. Atkins Bros. Equip. Co., Inc.BID OPENS: December 9, 2020802 N Kealy Ave, Suite 101 PO Box 4739 5580 US Hwy 377PO Box 990Lewisville, TX 75057 Fort Worth, TX 76164 Aubry, TX 76227 1130 N. Louisiana Dr. 3516 Old Ft. Worth Rd.469-464-3823 817-457-3399 940-365-0800 Celina, TX 75009 Midlothian, TX 76065972-382-2123 972-775-7955ITEM #DESCRIPTION U/M QTY UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $TOTAL $ UNIT $ TOTAL $1 Construction StakingLS 1 1,500.00 1,500.00 3,000.00 3,000.00 12,000.00 12,000.00 1,000.00 1,000.00 3,000.00 3,000.00 2 Trench SafetyLF 379 1.00 379.00 2.00 758.00 2.00 758.00 5.00 1,895.00 10.00 3,790.00 3 Mobilization and General Site PreparationLS 1 6,000.00 6,000.00 11,000.00 11,000.00 14,500.00 14,500.00 6,500.00 6,500.00 10,000.00 10,000.00 4 Barricades, Warning and Detour Signs, and FencesLS 1 2,000.00 2,000.00 5,000.00 5,000.00 6,552.00 6,552.00 3,500.00 3,500.00 3,000.00 3,000.00 5 Stabilized Construction EntranceEA 1 2,000.00 2,000.00 2,200.00 2,200.00 1,850.00 1,850.00 2,500.00 2,500.00 5,000.00 5,000.00 6 Silt Fence, furnish and install complete in place.LF 695 2.00 1,390.00 8.00 5,560.00 1.60 1,112.00 5.00 3,475.00 2.00 1,390.00 7 Hydromulch SeedingSY 1,660 2.00 3,320.00 5.00 8,300.00 2.75 4,565.00 8.00 13,280.00 4.00 6,640.00 8 Sawcut, Remove & Replace Existing Concrete Sidewalk SF 30 95.00 2,850.00 65.00 1,950.00 10.00 300.00 15.00 450.00 100.00 3,000.00 9 Sawcut, Remove & Replace Existing Concrete Barrier Free Ramp EA 1 1,800.00 1,800.00 750.00 750.00 2,500.00 2,500.00 2,000.00 2,000.00 6,000.00 6,000.00 10 6-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 10 120.00 1,200.00 110.00 1,100.00 411.00 4,110.00 150.00 1,500.00 200.00 2,000.00 11 8-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 10 130.00 1,300.00 115.00 1,150.00 435.00 4,350.00 200.00 2,000.00 200.00 2,000.00 12 12-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 339 155.00 52,545.00 160.00 54,240.00 125.00 42,375.00 175.00 59,325.00 176.00 59,664.00 13 6" Gate ValveEa 1 800.00 800.00 1,400.00 1,400.00 1,120.00 1,120.00 1,500.00 1,500.00 1,200.00 1,200.00 14 8" Gate ValveEa 1 1,200.00 1,200.00 1,800.00 1,800.00 1,500.00 1,500.00 2,000.00 2,000.00 1,500.00 1,500.00 15 12" Gate ValveEa 5 2,000.00 10,000.00 3,300.00 16,500.00 2,760.00 13,800.00 2,500.00 12,500.00 2,500.00 12,500.00 16 2" Water Service LineEa 2 4,000.00 8,000.00 3,800.00 7,600.00 3,100.00 6,200.00 2,500.00 5,000.00 4,000.00 8,000.00 17 Water Meter BoxesEa 2 2,000.00 4,000.00 75.00 150.00 48.00 96.00 250.00 500.00 600.00 1,200.00 18 Additional 12-inch AWWA C900 PVC DR 18 (Class 235), Water Line (open cut) LF 150 155.00 23,250.00 125.00 18,750.00 155.00 23,250.00 175.00 26,250.00 170.00 25,500.00 19 Pothole existing site utilities prior to constructionLS 1 15,000.00 15,000.00 2,300.00 2,300.00 4,200.00 4,200.00 2,500.00 2,500.00 5,000.00 5,000.00 BID ITEMS 1 THRU 19 $ 138,534.00 $ 143,508.00 $ 145,138.00 $ 147,675.00 $ 160,384.00 BID BOND RECEIVED? YES/NOYes Yes Yes Yes YesCOMPANYCOMPANYCOMPANYCOMPANY COMPANY
38
Financial Summary:
Are budgeted funds available: Yes No Amount budgeted/available 190,000.00
(This is a budgeted project)
Fund(s) (Name and number): Account Number: 895-669-6660
Project Number: 012-WLN0145
Cost of recommended construction bid/contract award: $104,938.00
$ 104,938.00 Construction Already authorized Yes No
$ 104,938.00 Total estimated costs
39
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONSTRUCTION SERVICES CONTRACT
BETWEEN THE CITY OF THE COLONY AND SABER
DEVELOPMENT CORPORATION TO INSTALL A 12-INCH
BYPASS WATER LINE FROM THE WYNNWOOD PUMP
STATION TO AN EXISTING 12-INCH WATER LINE BENEATH
LEBANON ROAD; AS SPECIFIED IN THE ATTACHED
EXHIBIT; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas finds it the
best interest of its citizens to authorize a construction services contract between the City
of The Colony and Saber Development Corporation to install a 12-inch bypass water line
from the Wynnwood Pump Station to an existing 12-inch water line beneath Lebanon
Road; as specified in the attached “Exhibit A”, and under the terms and conditions
provided therein.
Section 2.That the City Council hereby approves authorizing the City
Manager to execute the maintenance agreement.
Section 3.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 5th day of January 2021.
___________________________
Joe McCourry, Mayor
ATTEST:City of The Colony, Texas
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
40
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Tina Stewart
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Consider approving ordinances amending the Code of Ordinances by repealing the current editions of
International Codes and adopting the 2018 Editions of the following International Codes - the International
Residential Code, International Building Code, International Mechanical Code, International Plumbing Code,
International Energy Conservation Code, International Fuel Gas Code, International Swimming Pool and Spa
Code, International Existing Building Code, all with local amendments; repealing the 2011 Edition of the National
Electric Code and replacing it with the 2017 Edition of the National Electric Code with local amendments, with
appendices and amendments related thereto and repealing various obsolete or redundant sections of the Code
and or renumbering various sections of the Code including 6-5.1, 6-5.2, 6-5.3, 6-6 through 6-12 and 6-109
through 6-112 of the Code of Ordinances. (Hartline/Schubert)
Suggested Action:
Attachments:
Ord. 2021-xxxx Repealing Sections 6-109 to 6-112.docx
Ord. 2021-xxxx International Residential Code - 2018 Edition with local amendments.docx
Ord. 2021-xxxx International Building Code - 2018 Edition with local amendments.docx
Ord. 2021-xxxx International Mechanical Code - 2018 Edition with local amendments.docx
Ord. 2021-xxxx International Plumbing Code - 2018 Edition with local amendments.docx
Ord. 2021-xxxx International Energy Conservation Code - 2018 Edition with local amendments.docx
Ord. 2021-xxxx International Fuel Gas Code - 2018 Edition with local amendments.docx
Ord. 2021-xxxx International Swimming Pool and Spa Code - 2018 Edition with local amendments.docx
Ord. 2021-xxxx International Existing Building Code - 2018 Edition with local amendments.docx
Ord. 2021-xxxx National Electrical Code - 2017 Edition with local amendments.docx
41
Page 1 of 2
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - ________
CHAPTER 6, ARTICLE IV ORDINANCE AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE IV, OF THE
CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
REPEALING IN ITS ENIRETY SECTION 6-109 ENTITLED
“CERTIFICATE EXPIRATION DATE,” REPEALING IN ITS ENIRETY
SECTION 6-110 ENTITLED “CERTIFICATE TRANSFERABILITY,”
REPEALING IN ITS ENTIRETY SECTION 6-111 ENTITLED
“CERTIFICATE AVAILABILITY,” AND REPEALING IN ITS ENIRETY
SECTION 6-112 ENTITLED “SUSPENTION OR REVOCATION OF
CERTIFICATE”;PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Chapter 6, Article IV, section 6-109, entitled “Certificate expiration date,” 6-110, entitled
“Certificate transferability, 6-111, entitled “Certificate availability,” and 6-112, entitled
“Suspension or revocation of certificate” should be repealed.
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 the Code of Ordinances of the City of The Colony, Texas, be,and the
same is, hereby amended by repealing in its entirety section 6-109 entitled “Certificate expiration
date,” repealing in its entirety section 6-110 entitled “Certificate transferability,” repealing in its
entirety section 6-111 entitled “Certificate availability,” and repealing in its entirety section 6-112
entitled “Suspension or revocation of certificate.”
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
42
Page 2 of 2
SECTION 5. 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 5TH day of JANURY, 2021.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
43
Page 1 of 8
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - ______
2018 INTERNATIONAL RESIDENTIAL CODE
WITH LOCAL AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE
CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS,
BY REPEALING IN ITS ENTIRETY SECTION 6-1, ENTITLED
"INTERNATIONAL RESIDENTIAL CODE ADOPTED" AND
REPLACING IT WITH A NEW SECTION 6-1, ENTITLED
"INTERNATIONAL RESIDENTIAL CODE ADOPTED" BY
ADOPTING THE 2018 EDITION OF THE INTERNATIONAL
RESIDENTIAL CODE, AND LOCAL AMENDMENTS TO THE
INTERNATIONAL RESIDENTIAL CODE;PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the
2018 Edition of the International Residential Code, along with local amendments hereto, should
be adopted as the Residential Building Code for the City of The Colony.
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 the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6-
1, and replacing it with a new Section 6-1, entitled "International Residential Code Adopted" which
shall read as follows:
Sec. 6-1. International Residential Code Adopted.
(a)Adoption. The International Residential Code with Appendices A through Q, excluding
Appendix L, 2018 edition, is hereby adopted and designated as the Residential Code for
the City of The Colony, Texas. A copy of the 2018 Edition of the International Residential
Code is on file in the office of the City Secretary.
(b)Local Amendments.The following provisions are local amendments to the 2018
International Residential Code. Each provision is a substitute for the identically numbered
provision contained in the 2018 Edition of the International Residential Code or is a
provision added to the 2018 Edition of the International Residential Code.
44
Page 2 of 8
Section R101; change to read as follows:
R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-Family
Dwellings of the city of The Colony and shall be cited as such and will be referred to herein as
“this code.”
Section R103 and R103.1; change to read as follows:
Building Inspections
R103.1 Creation of enforcement agency.The department of Building Inspections is hereby
created and the official in charge thereof shall be known as the building official.
Section R105.2; delete items 1, 2, 5, and 10
Section R110.4; delete the section.
Section R202; change definition of "Townhouse" to read as follows:
TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached
units separated by property lines in which each unit extends from foundation to roof and with a
yard or public way on at least two sides.
Section R202; amended to include the following definition:
Repair of leaks. For the purposes of this code, the repair of leaks refers to the correction of leaking
joints which can be repaired through the tightening of existing fittings only.
Table R301.2 (1); fill in as follows:
Section R313.2 One and Two Family Dwellings; Delete this section and subsection in their
entirety.
GROU
ND
SNOW
LOAD
WIND DESIGN SEISMIC
DESIGN
CATEG
ORYf
A
SUBJECT TO
DAMAGE FROM
WINTER DESIGNTEMPeICE BARRIER UNDER-LAYMENThFLOODHAZARDSgAIR FREEZING INDEXiMEAN ANNUALTEMPjSPEEDd
(MPH)TopographicEffectskSpecial Wind RegionLWindborne Debris ZonemWeather
ing
a
Frost
Line
Depth
b
Termit
ec
5 lb/ft
220 F No Local
Code 150 64.90
F
115
(3 sec-
gust)/
76
fastest
mile
No No No Moderat
e 6”Very
Heavy
45
Page 3 of 8
Section R401.2; amended by adding a new paragraph following the existing paragraph to
read as follows.
Section R401.2. Requirements.{existing text unchanged} …
Every foundation and/or footing, or any size addition to an existing foundation regulated by this
code, shall be designed and sealed by a Texas-registered engineer.
Figure R403.1.3; amend figure to reference R403.1.3.4 for 12” footing depth.
Table R602.3.2 to read as follows:
TABLE R602.3.2
SINGLE TOP-PLATE SPLICE CONNECTION DETAILS
CONDITION
TOP-PLATE SPLICE LOCATION
Corners and intersecting walls Butt joints in straight walls
Splice plate size
Minimum
nails each side
of joint
Splice plate
size
Minimum nails
each side of
joint
Structures in SDC A-C; and in
SDC D, D and D with braced
wall line spacing less than 25 feet
3” x 8” by
0.036”galvanized steel
plate or equivalent
(6) 8d box (21/2”
x 0.113”) nails
3” x 12” by
0.036”
galvanized steel
plate or
equivalent
(12) 8d box (21/2”
x 0.113”) nails
Structures in SDC D, D and
D, with braced wall line spacing
greater than or equal to 25 feet
3” x 8” by 0.036”
galvanized steel plate
or equivalent
(9) 8d box (21/2”
x 0.113”) nails
3” x 12” by
0.036”
galvanized steel
plate or
equivalent
(18) 8d box (21/2”
x 0.113”) nails
Figure R602.6.1; delete the figure and insert the following figure:
Amend Table R602.7(1) as follows: Amend building widths to read as follows:
46
Page 4 of 8
Amend Table R602.10.3(3) as follows:
TABLE R602.10.3(3)
BRACING REQUIREMENTS BASED ON SEISMIC DESIGN CATEGORY
Remainder of table is unchanged.
Add section R703.8.4.1.2 Veneer Ties for Wall Studs; change to read as follows:
R703.8.4.1.2 Veneer Ties for Wall Studs.In stud framed exterior walls, all ties may be
anchored to studs as follows:
1.When studs are 16 in (407 mm) o.c., stud ties shall be spaced no further apart than 24
in (737 mm) vertically starting approximately 12 in (381 mm) from the foundation; or
2.When studs are 24 in (610 mm) o.c., stud ties shall be spaced no further apart than 16
in (483 mm) vertically starting approximately 8 in (254 mm) from the foundation.
Chapter 11 [RE] –Energy Efficiency is deleted in its entirety;Reference the 2018 IECC for
energy code provisions and recommended amendments.
Section M1305.1.2; change to read as follows:
M1305.1.2 Appliances in attics. Attics containing appliances shall be provided . . .{bulk of
paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall be a
minimum of 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow removal of
the largest appliance. As a minimum, for access to the attic space, provide one of the following:
1.A permanent stair.
• SOIL CLASS Db
• WALL HEIGHT = 10 FEET
• 10 PSF FLOOR DEAD LOAD
• 15 PSF ROOF/CEILING DEAD
LOAD
• BRACED WALL LINE SPACING
≤ 25 FEET
MINIMUM TOTAL LENGTH (FEET) OF BRACED WALL
PANELS
REQUIRED ALONG EACH BRACED WALL LINEa, f
Seismic
Design
Category
Story
Location
Braced
Wall
Line
Length
(feet)c
Method
LIBd
Method
GB
Methods
DWB, SFB,
PBS,PCP,
HPS,CS-SFBe
Methods
WSP, ABW,
PFH and
PFGe
Methods
CS-WSP,CS-
G, CS-PF
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2. A pull down stair with a minimum 300 lb (136 kg) capacity.
3. An access door from an upper floor level.
Exceptions:
1. The passageway and level service space are not required where the
appliance can be serviced and removed through the required opening.
2. Where the passageway is unobstructed…{remaining text unchanged}
Section M1411.3; change to read as follows:
M1411.3 Condensate disposal. Condensate from all cooling coils or evaporators shall be
conveyed from the drain pan outlet to an approved place of disposal, a sanitary sewer through a
trap, by means of a direct or indirect drain.
Section M2005.2; change to read as follows:
M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used as
a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed
enclosure so that combustion air will not be taken from the living space. Access to such enclosure
may be from the bedroom or bathroom when through a solid door, weather-stripped in accordance
with the exterior door air leakage requirements of the International Energy Conservation Code
and equipped with an approved self-closing device.
Section G2415.2.1 (404.2.1) CSST; add a second paragraph to read as follows:
Both ends of each section of medium or high pressure gas piping shall identify its operating gas
pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and
the following wording shall be stamped into the tag
"WARNING
½ to 5 psi gas pressure
Do Not Remove"
Section G2415.12 (404.12) and G2415.12.1 (404.12.1); change to read as follows:
G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a
minimum depth of 18 inches (457 mm) below grade.
G2415.12.1 (404.12.1) Individual Outdoor Appliances; Deleted in its entirety
Section G2417.1 (406.1); change to read as follows:
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G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall
be inspected and pressure tested to determine that the materials, design, fabrication, and
installation practices comply with the requirements of this code.
Section G2417.4; change to read as follows:
G2417.4 (406.4) Test pressure measurement.Test pressure shall be measured with a monometer
or with a diaphragm gauge. The source of pressure shall be isolated before the pressure tests are
made. Diaphragm gauges shall have a range such that the highest end of the scale is no greater
than five times the test pressure.
Section G2420.5.1 (409.5.1); add text to read as follows:
G2420.5.1 (409.5.1) Located within same room. The shutoff valve shall be located in the same
room as the appliance. The shutoff valve shall be within 6 feet (1829 mm) of the appliance, and
shall be installed upstream of the union, connector or quick disconnect device it serves. Such
shutoff valves shall be provided with access. Where appliance shutoff valves are located in the
firebox of a fireplace, the valve shall be installed in accordance with the appliance
manufacturer’s instructions and a secondary shutoff valve shall be installed within 6 feet (1829
mm) of the appliance.
Section G2422.1.2.3 (411.1.3.3) Prohibited locations and penetrations; delete Exception 1.
Section P2603.5.1 Sewer Depth; change to read as follows:
P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall
be a minimum of 12 inches (304 mm) below finished grade at the point of septic tank connection.
Building sewers shall be a minimum of 12 inches (304 mm) below grade.
Section P2801; change to read as follows:
P2801.6 Required pan. Where a storage tank-type water heater or a water storage tank is installed
in a location where water leakage from the tank will cause damage, the tank shall be installed in a
pan constructed of one of the following:
1. Galvanized steel or aluminum of not less than 0.0236 inch (0.6010 mm) in thickness.
2. Other approved materials.
Section P2801.6.1; change to read as follows:
Section P2801.6.1 Pan size and drain. The pan shall be not less than 1½ inches (38 mm) in depth
and shall be of sufficient size and shape to receive all dripping or condensate from the tank or
water heater. The pan shall be drained by an indirect waste pipe having a diameter of not less than
3/4 inch (19 mm). Piping for safety pan drains shall be of those materials listed in Table P2906.5.
Multiple pan drains may terminate to a single discharge piping system when approved by the
administrative authority and permitted by the manufactures installation instructions and installed
with those instructions.
Section P2804.6.1; change to read as follows:
Section P2804.6.1 Requirements for discharge piping.The discharge piping serving a pressure
relief valve, temperature relief valve or combination valve shall:
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1. Not be directly connected to the drainage system.
2. Discharge through an air gap located in the same room as the water heater.
3. Not be smaller than the diameter of the outlet of the valve served and shall discharge
full size to the air gap.
4. Serve a single relief device and shall not connect to piping serving any other relief
device or equipment.
5. Discharge to an approved location or to the outdoors.
6. Discharge in a manner that does not cause personal injury or structural damage.
7. Discharge to a termination point that is readily observable by the building
occupants.
8. Not be trapped.
9. Be installed so to flow by gravity.
10. Terminate not more than 6 inches above and not less than two times the discharge
pipe diameter above the floor or flood level rim of the waste receptor.
11. Not have a threaded connection at the end of the piping.
12. Not have valves or tee fittings.
13. Be constructed of those materials listed in Section P2906.5 or materials tested, rated
and approved for such use in accordance with ASME A112.4.1.
14. Be one nominal size larger than the size of the relief-valve outlet, where the relief-
valve discharge piping is installed with insert fittings. The outlet end of such tubing
shall be fastened in place.
Section P2902.5.3; change to read as follows:
P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be
protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum
breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve
shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are
introduced into the system, the potable water supply shall be protected against backflow by a
reduced pressure principle backflow preventer.
Section P3005.4.1; change to read as follows:
P3005.4.1 Branch and stack sizing. Branches and stacks shall be sized in accordance with
Table P3005.4.1. Below grade drain pipes or drain pipes from vent tee shall be not less than 2
inches (50.8 mm) in diameter. Drain stacks shall be not smaller than the largest horizontal branch
connected.
Exceptions:
1. A 4-inch by 3-inch (102 mm by 76 mm) closet bend or flange.
2. A 4-inch (102 mm) closet bend connected to a 3- inch (76 mm) stack tee shall
not be prohibited.”
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining portions
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of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect.
SECTION 5.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 5TH day of JANUARY, 2021.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - ______
2018 INTERNATIONAL BUILDING CODE
WITH LOCAL AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE
OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
REPEALING IN ITS ENTIRETY SECTION 6-2, ENTITLED
"INTERNATIONAL BUILDING CODE ADOPTED" AND REPLACING IT
WITH A NEW SECTION 6-2, ENTITLED "INTERNATIONAL BUILDING
CODE ADOPTED" BY ADOPTING THE 2018 EDITION OF THE
INTERNATIONAL BUILDING CODE, AND LOCAL AMENDMENTS TO
THE INTERNATIONAL BUILDING CODE;PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the
2018 Edition of the International Building Code, along with local amendments hereto, should be
adopted as the Building Code for the City of The Colony.
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 the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6-
2, and replacing it with a new Section 6-2, entitled "International Building Code Adopted" which
shall read as follows:
Sec. 6-2. International Building Code Adopted.
(a)Adoption. The International Building Code with Appendices A through J, 2018 edition, is
hereby adopted and designated as the Building Code for the City of The Colony, Texas. A
copy of the 2018 Edition of the International Building Code is on file in the office of the
City Secretary.
(b)Local Amendments.The following provisions are local amendments to the 2018
International Building Code. Each provision is a substitute for the identically numbered
provision contained in the 2018 Edition of the International Building Code or is a provision
added to the 2018 Edition of the International Building Code.
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Section 101.1 Title; change to read as follows:
These regulations shall be known as the Building Code of the city of The Colony, herein referred
to as “this code.”
Section 101.4; change to read as follows:
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and
referenced elsewhere in this code, as specifically adopted, shall be considered part of the
requirements of this code to the prescribed extent of each such reference. Whenever amendments
have been adopted to the referenced codes and standards, each reference to said code and
standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or
the Electrical Code shall mean the National Electrical Code as adopted.
Section 103 and 103.1; amend to insert the Department Name
103.1 Creation of enforcement agency. The department of Building Inspections is hereby
created and the official in charge thereof shall be known as the building official.
Section 105.2 Work exempt from permit; under sub-title entitled “Building” delete items 1,
2, 10 and 11 and re-number as follows:
Building:
1. Oil derricks.
2. Retaining walls that are less than 4 feet (1219 mm) in height measured from the bottom
of the footing to the top of the wall, unless supporting a surcharge or impounding Class I,
II or IIIA liquids.
3. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons
(18 925 L) and the ratio of height to diameter or width is not greater than 2:1.
4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
5.Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24
inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed
entirely above ground.
Section 109; amend to add Section 109.7 to read as follows:
109.7 Re-inspection Fee. A fee as established by city council resolution may be charged when:
1. The inspection called for is not ready when the inspector arrives;
2. No building address or permit card is clearly posted;
3. City approved plans are not on the job site available to the inspector;
4. The building is locked or work otherwise not available for inspection when called;
5. The job site is red-tagged twice for the same item;
6. The original red tag has been removed from the job site.
7. Failure to maintain erosion control, trash control or tree protection.
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Any re-inspection fees assessed shall be paid before any more inspections are made on that job
site.
Section 109; amend to add Sections 109.8, 109.8.1, 109.8.2 and 109.9 to read as follows:
109.8 Work without a permit.
109.8.1 Investigation. Whenever work for which a permit is required by this code has been
commenced without first obtaining a permit, a special investigation shall be made before a
permit may be issued for such work.
109.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not
a permit is subsequently issued. The investigation fee shall be equal to the amount of the permit
fee required by this code or the city fee schedule as applicable. The payment of such
investigation fee shall not exempt the applicant from compliance with all other provisions of
either this code or the technical codes nor from penalty prescribed by law.
109.9 Unauthorized cover up fee. Any work concealed without first obtaining the required
inspection in violation of Section 110 shall be assessed a fee as established by the city fee
schedule.
Section 202; amend definition of “Repair Garage” as follows:
REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing
motor vehicles. This occupancy shall also include garages involved in minor repair, modification
and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or
replacement, shocks, minor part replacement and other such minor repairs.
Section 202; amend definition to read as follows:
HIGH-RISE BUILDING. A building with an occupied floor located more than 55 feet (16.764
m) above the lowest level of fire department vehicle access.
Section 404.5; delete exception.
Section 406.3.3.1 Carport separation; add sentence to read as follows:
A fire separation is not required between a Group R-2 and U carport, provided the carport is
entirely open on all sides and the distance between the two is at least 10 feet (3 m).
Section 506.3.1; add sentence to read as follows:
506.3.1 Minimum percentage of perimeter. [Existing Text remains]
In order to be considered as accessible, if not in direct contact with a street or fire lane, a
minimum 10-foot wide pathway meeting fire department access from the street or approved fire
lane shall be provided.
Section 602.1.1; add sentence to read as follows:
602.1.1 Minimum Requirements. A building or portion thereof shall not be required to conform
to the details of a type of construction higher than that type which meets the minimum
requirements based on occupancy even though certain features of such a building actually
conform to a higher type of construction.
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Where a building contains more than one distinct type of construction, the entire building shall
comply with the most restrictive design criteria (area, height, and stories) for the lesser type of
construction, or be separated by fire walls.
Section 901.6.1; add Section 901.6.1.1 to read as follows:
901.6.1.1 Standpipe Testing. Building owners/managers must maintain and test standpipe
systems as per NFPA 25 requirements. The following additional requirements shall be applied to
the testing that is required every 5 years:
1. The piping between the Fire Department Connection (FDC) and the standpipe shall be
backflushed or inspected by approved camera when foreign material is present or when
caps are missing, and also hydrostatically tested for all FDC’s on any type of standpipe
system. Hydrostatic testing shall also be conducted in accordance with NFPA 25
requirements for the different types of standpipe systems.
2. For any manual (dry or wet) standpipe system not having an automatic water supply
capable of flowing water through the standpipe, the tester shall connect hose from a fire
hydrant or portable pumping system (as approved by the fire code official) to each FDC,
and flow water through the standpipe system to the roof outlet to verify that each inlet
connection functions properly. Confirm that there are no open hose valves prior to
introducing water into a dry standpipe. There is no required pressure criteria at the outlet.
Verify that check valves function properly and that there are no closed control valves on
the system.
3. Any pressure relief, reducing, or control valves shall be tested in accordance with the
requirements of NFPA 25. All hose valves shall be exercised.
4. If the FDC is not already provided with approved caps, the contractor shall install such
caps for all FDC’s as required by the fire code official.
5. Upon successful completion of standpipe test, place a blue tag (as per Texas
Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance Service
(ITM) Tag) at the bottom of each standpipe riser in the building. The tag shall be check-
marked as “Fifth Year” for Type of ITM, and the note on the back of the tag shall read “5
Year Standpipe Test” at a minimum.
6. The procedures required by Texas Administrative Code Fire Sprinkler Rules with regard
to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the
required notification of the local Authority Having Jurisdiction (fire code official) shall
be followed.
7. Additionally, records of the testing shall be maintained by the owner and contractor, if
applicable, as required by the State Rules mentioned above and NFPA 25.
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8. Standpipe system tests where water will be flowed external to the building shall not be
conducted during freezing conditions or during the day prior to expected nighttime
freezing conditions.
9. Contact the fire code official for requests to remove existing fire hose from Class II and
III standpipe systems where employees are not trained in the utilization of this
firefighting equipment. All standpipe hose valves must remain in place and be provided
with an approved cap and chain when approval is given to remove hose by the fire code
official.
Section 903.1.1; change to read as follows:
903.1.1 Alternative Protection. Alternative automatic fire-extinguishing systems complying
with Section 904 shall be permitted in addition to automatic sprinkler protection where
recognized by the applicable standard or as approved by the fire code official.
Section 903.2; add paragraph to read as follows and delete the exception:
Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces,
and elevator hoistways, other than pits where such sprinklers would not necessitate shunt trip
requirements under any circumstances. Storage shall not be allowed within the elevator machine
room. Signage shall be provided at the entry doors to the elevator machine room indicating
“ELEVATOR MACHINERY – NO STORAGE ALLOWED.”
Section 903.2.9; add Section 903.2.9.3 to read as follows:
903.2.9.3 Self-Service Storage Facility. An automatic sprinkler system shall be installed
throughout all self-service storage facilities.
Section 903.2.11; change 903.2.11.3 and add 903.2.11.7 and 903.2.11.8, as follows:
903.2.11.3 Buildings 55 Feet or more in Height. An automatic sprinkler system shall be
installed throughout buildings that have one or more stories other than penthouses in compliance
with Section 1510 of the International Building Code, located 35 feet (10,668 mm) or more
above the lowest level of fire department vehicle access, measured to the finished floor.
Exceptions:
Open parking structures in compliance with Section 406.5 of the International Building Code,
having no other occupancies above the subject garage.
903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12
feet (4572 mm), see Chapter 32 to determine if those provisions apply.
903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall
be protected by an approved automatic fire-extinguishing system.
903.2.11.9 Buildings Over 6,000 sq. ft. An automatic sprinkler system shall be installed
throughout all buildings with a building area 6,000 sq. ft. or greater and in all existing buildings
that are enlarged to be 6,000 sq. ft. or greater. For the purpose of this provision, fire walls shall
not define separate buildings.
Exception:Open parking garages in compliance with Section 406.5 of the International Building
Code
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Section 903.3.1.1.1; change to read as follows:
903.3.1.1.1 Exempt Locations. When approved by the fire code official, automatic sprinklers
shall not be required in the following rooms or areas where such ...{text unchanged}… because it
is damp, of fire-resistance-rated construction or contains electrical equipment.
1. Any room where the application of water, or flame and water, constitutes a serious life or
fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the nature of
the contents, when approved by the fire code official.
3. Generator and transformer rooms, under the direct control of a public utility, separated
from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies
having a fire-resistance rating of not less than 2 hours.
4. Elevator machine rooms, and machinery spaces, and hoistways, other than pits where
such sprinklers would not necessitate shunt trip requirements under any circumstances.
6. {Delete.}
Section 903.3.1.2.3 Attached Garages and Attics. Sprinkler protection is required in attached
garages, and in the following attic spaces:
1. Attics that are used or intended for living purposes or storage shall be protected by an
automatic sprinkler system.
2. Where fuel-fired equipment is installed in an unsprinklered attic, not fewer than one quick-
response intermediate temperature sprinkler shall be installed above the equipment.
3. Attic spaces of buildings that are two or more stories in height above grade plane or above
the lowest level of fire department vehicle access.
4. Group R-4, Condition 2 occupancy attics not required by Item 1 or 3 to have sprinklers
shall comply with one of the following:
4.1. Provide automatic sprinkler system protection.
4.2. Provide a heat detection system throughout the attic that is arranged to activate the
building fire alarm system.
4.3. Construct the attic using noncombustible materials.
4.4. Construct the attic using fire-retardant-treated wood complying with Section
2303.2 of the International Building Code.
4.5. Fill the attic with noncombustible insulation.
903.3.1.3 NFPA 13D Sprinkler Systems.Automatic sprinkler systems installed in one- and two-
family dwellings; Group R-3; Group R-4, Condition 1; and townhouses shall be permitted to be
installed throughout in accordance with NFPA 13D or in accordance with state law.
[F] 903.3.1.4 Freeze protection.Freeze protection systems for automatic fire sprinkler systems
shall be in accordance with the requirements of the applicable referenced NFPA standard and this
section.
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903.3.1.4.1 Attics.Only dry-pipe, preaction, or listed antifreeze automatic fire sprinkler
systems shall be allowed to protect attic spaces.
Exception:Wet-pipe fire sprinkler systems shall be allowed to protect non-
ventilated attic spaces where:
1. The attic sprinklers are supplied by a separate floor control valve assembly
to allow ease of draining the attic system without impairing sprinklers
throughout the rest of the building, and
2. Adequate heat shall be provided for freeze protection as per the applicable
referenced NFPA standard, and
3. The attic space is a part of the building’s thermal, or heat, envelope, such
that insulation is provided at the roof deck, rather than at the ceiling level.
903.3.1.4.2 Heat trace/insulation.Heat trace/insulation shall only be allowed where
approved by the fire code official for small sections of large diameter water-filled pipe.
Section 903.3.5; add a second paragraph to read as follows:
Water supply as required for such systems shall be provided in conformance with the
supply requirements of the respective standards; however, every water-based fire
protection system shall be designed with a 10 psi safety factor. Reference Section 507.4
for additional design requirements.
Section 903.4; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to
the sprinkler system and shall cause an alarm upon detection of water flow for more than
45 seconds. All control valves in the sprinkler and standpipe systems except for fire
department hose connection valves shall be electrically supervised to initiate a supervisory
signal at the central station upon tampering.
Section 903.4.2; add second paragraph to read as follows:
The alarm device required on the exterior of the building shall be a weatherproof
horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as
close as practicable to the fire department connection.
Section 905.2; change to read as follows:
905.2 Installation Standard. Standpipe systems shall be installed in accordance with this
section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum
of 10 psig and a maximum of 40 psig air pressure with a high/low alarm.
Section 905.3.1; change item 1 to read as follows:
905.3.1 Height.
1.Three or more stories are above or below grade plane.
Section 905.3; add Section 905.3.9 and exception to read as follows:
905.3.9 Buildings Exceeding 10,000 sq. ft.In buildings exceeding 10,000 square feet in area per
story and where any portion of the building’s interior area is more than 200 feet (60960 mm) of
travel, vertically and horizontally, from the nearest point of fire department vehicle access, Class
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I automatic wet or manual wet standpipes shall be provided.
Exceptions:
1.Automatic dry, semi-automatic dry, and manual dry standpipes are allowed as
provided for in NFPA 14 where approved by the fire code official.
2.R-2 occupancies of four stories or less in height having no interior corridors.
Section 905.4, change Item 1, 3, and 5, and add Item 7 to read as follows:
1. In every required exit stairway, a hose connection shall be provided for each story above
and below grade plane. Hose connections shall be located at an intermediate landing
between stories, unless otherwise approved by the fire code official.
2. {No change.}
3. In every exit passageway, at the entrance from the exit passageway to other areas of a
building.
Exception: Where floor areas adjacent to an exit passageway are reachable from an interior
exit stairway hose connection by a {remainder of text unchanged}
4. {No change.}
5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent
slope), each standpipe shall be provided with a two-way a hose connection located to serve
the roof or at the highest landing of an exit stairway with stair access to the roof provided
in accordance with Section 1011.12.
6. {No change.}
7.When required by this Chapter, standpipe connections shall be placed adjacent to all
required exits to the structure and at two hundred feet (200’) intervals along major corridors
thereafter, or as otherwise approved by the fire code official.
Section 905.9; add a second paragraph after the exceptions to read as follows:
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the
sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds.
All control valves in the sprinkler and standpipe systems except for fire department hose
connection valves shall be electrically supervised to initiate a supervisory signal at the central
station upon tampering.
Section 907.1; add Section 907.1.4 and 907.1.4.1 to read as follows:
907.1.4 Design Standards. Where a new fire alarm system is installed, the devices shall be
addressable. Fire alarm systems utilizing more than 20 smoke detectors shall have analog initiating
devices.
Section 907.2.1; change to read as follows:
907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in
accordance with Section 907.5 shall be installed in Group A occupancies having an occupant load
of 300 or more persons, or where the occupant load is more than 100 persons above or below the
lowest level of exit discharge. Group A occupancies not separated from one another in accordance
with Section 707.3.10 of the International Building Code shall be considered as a single occupancy
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for the purposes of applying this section. Portions of Group E occupancies occupied for assembly
purposes shall be provided with a fire alarm system as required for the Group E occupancy.
Exception: {No change.}
Activation of fire alarm notification appliances shall:
1. Cause illumination of the means of egress with light of not less than 1 foot-candle
(11 lux) at the walking surface level, and
2. Stop any conflicting or confusing sounds and visual distractions.
Section 907.2.3; change to read as follows:
907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal
utilizing an emergency voice/alarm communication system meeting the requirements of Section
907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E educational
occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or
detectors shall be connected to the building fire alarm system. An approved smoke detection
system shall be installed in Group E day care occupancies. Unless separated by a minimum of
100' open space, all buildings, whether portable buildings or the main building, will be considered
one building for alarm occupant load consideration and interconnection of alarm systems.
Exceptions:
1. {No change.}
1.1. Residential In-Home day care with not more than 12 children may use
interconnected single station detectors in all habitable rooms. (For care of more
than five children 2 1/2 or less years of age, see Section 907.2.6.) {No change
to remainder of exceptions.}
Section 907.2.12, Exception 3; change to read as follows:
3. Open air portions of buildings with an occupancy in Group A-5 in accordance with
Section 303.1 of the International Building Code; however, this exception does not
apply to accessory uses including but not limited to sky boxes, restaurants, and
similarly enclosed areas.
Section 907.4.2; add Section 907.4.2.7 to read as follows:
907.4.2.7 Type.Manual alarm initiating devices shall be an approved double action type.
Section 907.6.1; add Section 907.6.1.1 to read as follows:
907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a
failure of any single initiating device or single open in an initiating circuit conductor will not
interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall
be installed in such a way that a single open will not interfere with the operation of any addressable
devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with
NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation
horizontal and one foot vertical between supply and return circuit conductors. The initiating
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device circuit (IDC) from a signaling line circuit interface device may be wired Class B, provided
the distance from the interface device to the initiating device is ten feet or less.
Section 907.6.3; delete all four Exceptions.
Section 907.6.6; add sentence at end of paragraph to read as follows:
See 907.6.3 for the required information transmitted to the supervising station.
Section 909.21.1.2; change to read as follows:
909.21.1.2 Standby Power.Mechanical vestibule and stairway and ramp shaft ventilation systems
and automatic fire detection and suppression systems shall be provided with standby power in
accordance with Section 2702 of the Building Code.
Section 909.22; add to read as follows:
909.22 Stairway or Ramp Pressurization Alternative. Where the building is equipped
throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and the stair
pressurization alternative is chosen for compliance with Building Code requirements for a
smokeproof enclosure, interior exit stairways or ramps shall be pressurized to a minimum of 0.10
inches of water (25 Pa) and a maximum of 0.35 inches of water (87 Pa) in the shaft relative to the
building measured with all interior exit stairway and ramp doors closed under maximum
anticipated conditions of stack effect and wind effect. Such systems shall comply with Section
909, including the installation of a separate fire-fighter’s smoke control panel as per Section
909.16, and a Smoke Control Permit shall be required from the fire department as per Section
105.7.
909.22.1 Ventilating equipment.The activation of ventilating equipment for the stair or ramp
pressurization system shall be by smoke detectors installed at each floor level at an approved
location at the entrance to the smokeproof enclosure. When the closing device for the stairway or
ramp shaft and vestibule doors is activated by smoke detection or power failure, the mechanical
equipment shall activate and operate at the required performance levels. Smoke detectors shall be
installed in accordance with Section 907.3.
909.22.1.1 Ventilation Systems.Smokeproof enclosure ventilation systems shall be independent
of other building ventilation systems. The equipment, control wiring, power wiring and ductwork
shall comply with one of the following:
1. Equipment, control wiring, power wiring and ductwork shall be located exterior to
the building and directly connected to the smokeproof enclosure or connected to
the smokeproof enclosure by ductwork enclosed by not less than 2-hour fire
barriers constructed in accordance with Section 707 of the Building Code or
horizontal assemblies constructed in accordance with Section 711 of the Building
Code, or both.
2. Equipment, control wiring, power wiring and ductwork shall be located within the
smokeproof enclosure with intake or exhaust directly from and to the outside or
through ductwork enclosed by not less than 2-hour barriers constructed in
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accordance with Section 707 of the Building Code or horizontal assemblies
constructed in accordance with Section 711 of the Building Code, or both.
3. Equipment, control wiring, power wiring and ductwork shall be located within
the building if separated from the remainder of the building, including other
mechanical equipment, by not less than 2-hour fire barriers constructed in
accordance with Section 707 of the Building Code or horizontal assemblies
constructed in accordance with Section 711 of the Building Code, or both.
Exceptions:
1. Control wiring and power wiring utilizing a 2-hour rated cable or cable system.
2. Where encased with not less than 2 inches (51 mm) of concrete.
3. Control wiring and power wiring protected by a listed electrical circuit protective
systems with a fire-resistance rating of not less than 2 hours.
909.22.1.3 Acceptance and Testing. Before the mechanical equipment is approved, the system
shall be tested in the presence of the fire code official to confirm that the system is operating in
compliance with these requirements.
Section 910.2; change Exception 2 and 3 to read as follows:
2. Only manual smoke and heat removal shall not be required in areas of buildings equipped
with early suppression fast-response (ESFR) sprinklers. Automatic smoke and heat
removal is prohibited.
3. Only manual smoke and heat removal shall be required in areas of buildings equipped with
control mode special application sprinklers with a response time index of 50(m*S)1/2 or
less that are listed to control a fire in stored commodities with 12 or fewer sprinklers.
Automatic smoke and heat removal is prohibited.
Section 910.2; add subsections 910.2.3 with exceptions to read as follows:
910.2.3 Group H.Buildings and portions thereof used as a Group H occupancy as follows:
1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000
square feet (1394 m2) in single floor area.
Exception: Buildings of noncombustible construction containing only noncombustible
materials.
2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid
oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable
(reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-
hazard commodity classification.
Exception: Buildings of noncombustible construction containing only noncombustible
materials.
Section 910.3; add section 910.3.4 to read as follows:
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910.3.4 Vent Operation. Smoke and heat vents shall be capable of being operated by approved
automatic and manual means. Automatic operation of smoke and heat vents shall conform to the
provisions of Sections 910.3.2.1 through 910.3.2.3.
910.3.4.1 Sprinklered buildings. Where installed in buildings equipped with an approved
automatic sprinkler system, smoke and heat vents shall be designed to operate automatically.
The automatic operating mechanism of the smoke and heat vents shall operate at a
temperature rating at least 100 degrees F (approximately 38 degrees Celsius) greater than
the temperature rating of the sprinklers installed.
Exception: Manual only systems per Section 910.2.
910.3.4.2 Nonsprinklered Buildings. Where installed in buildings not equipped with an approved
automatic sprinkler system, smoke and heat vents shall operate automatically by actuation of a
heat-responsive device rated at between 100°F (56°C) and 220°F (122°C) above ambient.
Exception:Listed gravity-operated drop out vents.
Section 910.4.3.1; change to read as follows:
910.4.3.1 Makeup Air. Makeup air openings shall be provided within 6 feet (1829 mm) of the
floor level. Operation of makeup air openings shall be automatic. The minimum gross area of
makeup air inlets shall be 8 square feet per 1,000 cubic feet per minute (0.74 m2 per 0.4719 m3/s)
of smoke exhaust.
Section 912.2; add Section 912.2.3 to read as follows:
912.2.3 Hydrant Distance. An approved fire hydrant shall be located within 100 feet of the fire
department connection as the fire hose lays along an unobstructed path.
Section 913.2.1; add second paragraph and exception to read as follows:
When located on the ground level at an exterior wall, the fire pump room shall be provided with
an exterior fire department access door that is not less than 3 ft. in width and 6 ft. 8 in. in height,
regardless of any interior doors that are provided. A key box shall be provided at this door, as
required by Section 506.1.
Exception:When it is necessary to locate the fire pump room on other levels or not at an
exterior wall, the corridor leading to the fire pump room access from the exterior of the
building shall be provided with equivalent fire resistance as that required for the pump
room, or as approved by the fire code official. Access keys shall be provided in the key
box as required by Section 506.1.
Section 914.3.1.2; change to read as follows:
914.3.1.2 Water Supply to required Fire Pumps. In buildings that are more than 120 feet (37
m) in building height, required fire pumps shall be supplied by connections to no fewer than two
water mains located in different streets. Separate supply piping shall be provided between each
connection to the water main and the pumps. Each connection and the supply piping between the
connection and the pumps shall be sized to supply the flow and pressure required for the pumps to
operate.
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Exception: {No change to exception.}
Section 1011.12; change exception to read as follows:
Exception:Other than where required by section 1011.12.1, in buildings without an occupied
roof access to the roof from the top story shall be permitted to be by a permanent ladder.
Section 1612.3; change to read as follows:
1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable
governing authority shall adopt a flood hazard map and supporting data. The flood hazard map
shall include, at a minimum, areas of special flood hazard as identified by the Federal
Emergency Management Agency in an engineering report entitled “FEMA Flood Insurance
Study for Denton County, Texas,” dated 2011, as amended or revised with the accompanying
Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related
supporting data along with any revisions thereto. The adopted flood hazard map and supporting
data are hereby adopted by reference and declared to be part of this section.
Add new Section 2902.1.4 to read as follows:
2902.1.4 Additional fixtures for food preparation facilities. In addition to the fixtures required
in this Chapter, all food service facilities shall be provided with additional fixtures set out in this
section.
2902.1.4.1 Hand-washing lavatory. At least one hand-washing lavatory shall be provided for
use by employees that is accessible from food preparation, food dispensing and ware washing
areas. Additional hand-washing lavatories may be required based on convenience of use by
employees.
2902.1.4.2 Service sink. In new or remodeled food service establishments, at least one service
sink or one floor sink shall be provided so that it is conveniently located for the cleaning of mops
or similar wet floor cleaning tool and for the disposal of mop water and similar liquid waste. The
location of the service sink(s) and/or mop sink(s) shall be approved by the City of The Colony’s
Health Department.
Section 3001.2 Emergency Elevator Communication Systems for the deaf, hard of hearing
and speech impaired; delete this section.
Section 3002.1 Hoistway Enclosure Protection required. Add exceptions to Section 3002.1
as follows:
Exceptions:
4. Elevators completely located within atriums shall not require hoistway enclosure protection.
5. Elevators in open or enclosed parking garages that serve only the parking garage, shall not
require hoistway enclosure protection.
Section 3005.4 Machine rooms, control rooms, machinery spaces and control spaces;
amend text as follows:
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Elevator machine rooms, control rooms, control spaces and machinery spaces shall be enclosed
with fire barriers constructed in accordance with Section 707 or horizontal assemblies
constructed in accordance with Section 711, or both.
(Remainder unchanged)
Section 3005.4 Machine rooms, control rooms, machinery spaces and control spaces;
Delete exceptions and add two new exceptions to Section 3005.4 as follows:
Exceptions:
1. Elevator machine rooms, control rooms, machinery spaces and control spaces completely
located within atriums shall not require enclosure protection.
2. Elevator machine rooms, control rooms, machinery spaces and control spaces in open or
enclosed parking garages that serve only the parking garage, shall not require enclosure
protection.
Section 3005.7 add a Section 3005.7 as follows:
3005.7 Fire Protection in Machine rooms, control rooms, machinery spaces and control
spaces.
3005.7.1 Automatic sprinkler system. The building shall be equipped throughout with an
automatic sprinkler system in accordance with Section 903.3.1.1, except as otherwise permitted
by Section 903.3.1.1.1 and as prohibited by Section 3005.7.2.1.
3005.7.2.1 Prohibited locations. Automatic sprinklers shall not be installed in machine rooms,
elevator machinery spaces, control rooms, control spaces and elevator hoistways.
3005.7.2.2 Sprinkler system monitoring. The sprinkler system shall have a sprinkler control
valve supervisory switch and water-flow initiating device provided for each floor that is
monitored by the building’s fire alarm system.
3005.7.3 Water protection. An approved method to prevent water from infiltrating into the
hoistway enclosure from the operation of the automatic sprinkler system outside the elevator
lobby shall be provided.
3005.7.4 Shunt trip. Means for elevator shutdown in accordance with Section 3005.5 shall not
be installed.
Section 3005.8; add Section 3005.8 as follows:
3005.8 Storage. Storage shall not be allowed within the elevator machine room, control room,
machinery spaces and or control spaces. Provide approved signage at each entry to the above
listed locations stating "No Storage Allowed.”
Section 3006.2 item 5, Hoistway opening protection required; Revise text as follows:
5. The building is a high rise and the elevator hoistway is more than 55 feet (16.764 m) in height.
The height of the hoistway shall be measured from the lowest floor to the highest floors served
by the hoistway.”
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
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of this Ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect.
SECTION 5.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 5TH day of JAUARY, 2021.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021-______
2018 INTERNATIONAL MECHANICAL CODE
WITH LOCAL AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE
CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS,
BY REPEALING IN ITS ENTIRETY SECTION 6-4, ENTITLED
"INTERNATIONAL MECHANICAL CODE ADOPTED" AND
REPLACING IT WITH A NEW SECTION 6-4, ENTITLED
"INTERNATIONAL MECHANICAL CODE ADOPTED" BY
ADOPTING THE 2018 EDITION OF THE INTERNATIONAL
MECHANICAL CODE, AND LOCAL AMENDMENTS TO THE
INTERNATIONAL MECHANICAL CODE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
the 2018 Edition of the International Mechanical Code, along with local amendments hereto,
should be adopted as the Mechanical Code for the City of The Colony.
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 the Code of Ordinances of the City of The Colony, Texas, be, and
the same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety
Section 6-4, and replacing it with a new Section 6-4, entitled "International Mechanical Code
Adopted" which shall read as follows:
“Sec. 6-4. International Mechanical Code Adopted.
(a)Adoption. The International Mechanical Code with Appendix A, 2018 edition, is hereby
adopted and designated as the Mechanical Code for the City of The Colony, Texas. A copy
of the 2018 Edition of the International Mechanical Code is on file in the office of the City
Secretary.
(b)Local Amendments.The following provisions are local amendments to the 2018
International Mechanical Code. Each provision is a substitute for the identically numbered
provision contained in the 2018 Edition of the International Mechanical Code or is a
provision added to the 2018 Edition of the International Mechanical Code.
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Section 101 Title; change to read as follows:
These regulations shall be known as the Mechanical Code of the city of The Colony, herein
referred to as “this code.”
Section 306.3; change to read as follows:
306.3 Appliances in Attics. Attics containing appliances shall be provided . . . {bulk of paragraph
unchanged} . . . side of the appliance. The clear access opening dimensions shall be a minimum
of 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow removal of the largest
appliance. As a minimum, for access to the attic space, provide one of the following:
1.A permanent stair.
2.A pull-down stair with a minimum 300 lb. (136 kg) capacity.
3.An access door from an upper floor level.
4.Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the code
official due to building conditions.
Exceptions:
1. The passageway and level service space are not required where the appliance is capable of
being serviced and removed… {remainder of section unchanged}
Section 306; add Section 306.6 to read as follows:
306.6 Water Heaters Above Ground or Floor. When the mezzanine or platform in which a
water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it
shall be made accessible by a stairway or permanent ladder fastened to the building.”
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect.
SECTION 5.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
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separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 5th day of JANUARY, 2021.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
69
Page 1 of 6
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - ______
2018 INTERNATIONAL PLUMBING CODE
WITH LOCAL AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE
OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
REPEALING IN ITS ENTIRETY SECTION 6-5, ENTITLED
"INTERNATIONAL PLUMBING CODE ADOPTED" AND REPLACING
IT WITH A NEW SECTION 6-5, ENTITLED "INTERNATIONAL
PLUMBING CODE ADOPTED" BY ADOPTING THE 2018 EDITION OF
THE INTERNATIONAL PLUMBING CODE, AND LOCAL
AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the
2018 Edition of the International Plumbing Code, along with local amendments hereto, should be
adopted as the Plumbing Code for the City of The Colony.
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 the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6-
5, and replacing it with a new Section 6-5, entitled "International Plumbing Code, 2018 Edition
Adopted and Amended" which shall read as follows:
“Sec. 6-5. International Plumbing Code Adopted.
(a)Adoption. The International Plumbing Code with Appendices A through F, 2018 edition,
is hereby adopted and designated as the Plumbing Code for the City of The Colony, Texas.
A copy of the 2018 Edition of the International Plumbing Code is on file in the office of
the City Secretary.
(b)Local Amendments.The following provisions are local amendments to the 2018
International Plumbing Code. Each provision is a substitute for the identically numbered
provision contained in the 2018 Edition of the International Plumbing Code or is a
provision added to the 2018 Edition of the International Plumbing Code.
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Table of Contents, Chapter 7, Section 713; change to read as follows:
713 Engineered Drainage Design . . . .. . . . . . . . . . . . . . . 69
Section 101 Title; change to read as follows:
These regulations shall be known as the Plumbing Code of the city of The Colony, herein referred
to as “this code.”
Sections 106.6.2 and 106.6.3; change to read as follows:
106.6.2 Fee schedule. The fees for all plumbing work shall be as adopted by resolution of The
Colony City Council.
106.6.3 Fee Refunds.The code official shall establish a policy for authorizing the refunding of
fees.
Section 109; delete entire section.
Section 202; amended to include the following definition:
Repair of leaks. For the purposes of this code, the repair of leaks refers to the correction of leaking
joints which can be repaired through the tightening of existing fittings only.
Sections 305.4.1; change to read as follows:
305.4.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade.
Section 305.7; change to read as follows:
305.7 Protection of components of plumbing system. Components of a plumbing system
installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner
in which they could be exposed to damage shall be recessed into the wall or otherwise protected
in an approved manner.
Section 314.2.1; change to read as follows:
314.2.1 Condensate disposal.Condensate from all cooling coils and evaporators shall be
conveyed from the drain pan outlet to an approved place of disposal. ... {text unchanged} ...
Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas where it would
be causing a nuisance.
Section 413.4; change to read as follows:
413.4 Required location for floor drains.Floor drains shall be installed in the following areas:
1.In public laundries and in the central washing facilities of multiple family
dwellings, the rooms containing automatic clothes washers shall be provided with floor
drains located to readily drain the entire floor area. Such drains shall have a minimum outlet
of not less than 3 inches (76 mm) in diameter.
2.Commercial kitchens. In lieu of floor drains in commercial kitchens, the Code
Official may accept floor sinks.
3.Public restrooms.
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Section 502.3; change to read as follows:
502.3 Water heaters installed in attics. Attics containing a water heater shall be provided . . .
{bulk of paragraph unchanged} . . . side of the water heater. The clear access opening dimensions
shall be not less than 20 inches by 30 inches (508 mm by 762 mm) where such dimensions are
large enough to allow removal of the water heater. As a minimum, for access to the attic space,
provide one of the following:
1.A permanent stair.
2.A pull-down stair with a minimum 300 lb (136 kg) capacity.
3.An access door from an upper floor level.
4.Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the
Code Official due to building conditions.
Exceptions:
1. The passageway and level service space are not required where the appliance is capable
of being serviced and removed… {remainder of text unchanged}
Section 502.6; add Section 502.6 to read as follows:
502.6 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in
which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor
level, it shall be made accessible by a stairway or permanent ladder fastened to the building.
Exception: A max 10-gallon water heater (or larger with approval) is capable of being accessed
through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm)
above the ground or floor level and may be reached with a portable ladder.
Section 504.6; change to read as follows:
504.6 Requirements for discharge piping. The discharge piping serving a pressure relief valve,
temperature relief valve or combination thereof shall:
1.Not be directly connected to the drainage system.
2.Discharge through an air gap.
3.Not be smaller than the diameter of the outlet of the valve served and shall
discharge full size to the air gap.
4.Serve a single relief device and shall not connect to piping serving any other
relief device or equipment.
Exception:Multiple relief devices may be installed to a single T & P discharge
piping system when approved by the administrative authority and permitted by
the manufacture’s installation instructions and installed with those instructions.
5.Discharge to an approved location or to the outdoors.
6.Discharge in a manner that does not cause personal injury or structural
damage.
7.Discharge to a termination point that is readily observable by the building
occupants.
8.Not be trapped.
9.Be installed so as to flow by gravity.
10.Terminate not more than 6 inches above and not less than two times the
discharge pipe diameter above the floor or flood level rim of the waste receptor.
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11.Not have a threaded connection at the end of such piping.
12.Not have valves or tee fittings.
13.Be constructed of those materials listed in Section 605.4 or materials tested,
rated and approved for such use in accordance with ASME A112.4.1.
14.Be one nominal size larger than the size of the relief valve outlet, where the
relief valve discharge piping is installed with insert fittings. The outlet end of such
tubing shall be fastened in place
Section 504.7.1; change to read as follows:
Section 504.7.1 Pan size and drain to read as follows: The pan shall be not less than 1.5 inches
(38 mm) in depth and shall be of sufficient size and shape to receive all dripping or condensate
from the tank or water heater. The pan shall be drained by an indirect waste pipe having a diameter
of not less than 3/4 inch (19 mm). Piping for safety pan drains shall be of those materials listed in
Table 605.4. Multiple pan drains may terminate to a single discharge piping system when approved
by the administrative authority and permitted by the manufactures installation instructions and
installed with those instructions.
Section 608.1; change to read as follows:
608.1 General. A potable water supply system shall be designed, installed and maintained in such
a manner so as to prevent contamination from non-potable liquids, solids or gases being introduced
into the potable water supply through cross-connections or any other piping connections to the
system. Backflow preventer applications shall conform to applicable local regulations, Table
608.1, and as specifically stated in Sections 608.2 through 608.16.10.
Section 608.17.5; change to read as follows:
608.17.5 Connections to lawn irrigation systems. The potable water supply to lawn irrigation
systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-
type vacuum breaker, a double-check assembly or a reduced pressure principle backflow
preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where
chemicals are introduced into the system, the potable water supply shall be protected against
backflow by a reduced pressure principle backflow preventer.
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Section 608.18; change to read as follows:
608.18 Protection of individual water supplies. An individual water supply shall be located and
constructed so as to be safeguarded against contamination in accordance with applicable local
regulations. Installation shall be in accordance with Sections 608.17.1 through 608.17.8.
Section 712.5; add Section 712.5 to read as follows:
712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any “public
use” occupancy where the sump serves more than 10 fixture units, shall be provided with dual
pumps or ejectors arranged to function independently in case of overload or mechanical failure.
For storm drainage sumps and pumping systems, see Section 1113.
Section 713, 713.1; change to read as follows:
SECTION 713
ENGINEERED DRAINAGE DESIGN
713.1 Design of drainage system. The sizing, design and layout of the drainage system shall be
designed by a registered professional engineer using approved design methods.
Section 803.3; added to read as follows:
803.3 Special waste pipe, fittings, and components. Pipes, fittings, and components receiving
orintended to receive the discharge of any fixture into which acid or corrosive chemicals are placed
shall be constructed of materials designed and listed for that use.
Section 903.1; change to read as follows:
903.1 Roof extension. Open vent pipes that extend through a roof shall terminate not less than
six (6) inches (152 mm) above the roof. Where a roof is to be used for assembly or as a promenade,
observation deck, sunbathing deck or similar purposes, open vent pipes shall terminate not less
than 7 feet (2134 mm) above the roof.
Section 918.8; change to read as follows.
918.8 Where permitted. Individual, branch and circuit vents shall be permitted to terminate with
a connection to an individual or branch-type air admittance valve in accordance with Section
918.3.1. Stack vents and vent stacks shall be permitted to terminate to stack-type air admittance
valves in accordance with Section 918.3.2. Air admittance valves shall only be installed with the
prior approval of the building official.
Section 1106.1; change to read as follows:
1106.1 General. The size of the vertical conductors and leaders, building storm drains, building
storm sewers, and any horizontal branches of such drains or sewers shall be based on six (6) inches
per hour rainfall rate.
Section 1108.3; change to read as follows:
1108.3 Sizing of secondary drains. Secondary (emergency) roof drain systems shall be sized in
accordance with Section 1106. Secondary drains shall be sized to prevent the depth of ponding
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water from exceeding that for which the roof was designed as determined by Section 1101.7.
Secondary drains shall not have an opening dimension of less than 4 inches (102 mm). The flow
through the primary system shall not be considered when sizing the secondary roof drain system.”
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 5.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 5TH day of JANUARY, 2021.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Page 1 of 5
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - _______
2018 INTERNATIONAL ENERGY CONSERVATION CODE
WITH LOCAL AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE
OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
RENUMBERING SECTION 6-6, ENTITLED “APPEALS, VARIANCES”
AS SECTION 6-15, ENTITLED “APPEALS, VARIANCES”; REPEALING
IN ITS ENTIRETY SECTION 6-5.1, ENTITLED "SAME-WATER
CONSERVATION”; REPEALING IN ITS ENTIRETY SECTION 6-5.2,
ENTITLED "INTERNATIONAL ENERGY CONSERVATION CODE
ADOPTED” AND REPLACING IT WITH A NEW SECTION 6-6,
ENTITLED "INTERNATIONAL ENERGY CONSERVATION CODE
ADOPTED" BY ADOPTING THE 2018 EDITION OF THE
INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL
AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION
CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the
2018 Edition of the International Energy Conservation Code, along with local amendments hereto,
should be adopted as the Energy Conservation Code for the City of The Colony.
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 the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by renumbering current Section 6-6,
entitled “Appeals, variances” as Section 6-15, entitled “Appeals, variances.”
SECTION 3.That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6-
5.1, entitled “Same—Water conservation.”
SECTION 4. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6-
5.2, entitled “International Energy Conservation Code Adopted” and replacing it with a new
Section 6-6, entitled "International Energy Conservation Code Adopted" which shall read as
follows:
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“Sec. 6-6. International Energy Conservation Code Adopted.
(a)Adoption. The International Energy Conservation Code, 2018 edition, is hereby adopted
and designated as the Energy Conservation Code for the City of The Colony, Texas. A
copy of the 2018 Edition of the International Energy Conservation Code is on file in the
office of the City Secretary.
(b)Local Amendments.The following provisions are local amendments to the 2018 Edition of
the International Energy Conservation Code. Each provision is a substitute for the
identically numbered provision contained in the 2018 Edition of the International Energy
Conservation Code or is a provision added to the 2018 Edition of the International Energy
Conservation Code.
Section C101.1 Title; change to read as follows:
These regulations shall be known as the Energy Conservation Code of the city of The Colony,
herein referred to as “this code.”
Section C102/R102 General; add Section C102.1.2 and R102.1.2 (N1101.4.1) to read as
follows:
C102.1.2 Alternative compliance. A building certified by a national, state, or local accredited
energy efficiency program and determined by the Energy Systems Laboratory to be in compliance
with the energy efficiency requirements of this section may, at the option of the Code Official, be
considered in compliance. The United States Environmental Protection Agency's Energy Star
Program certification of energy code equivalency shall be considered in compliance.
Section C402.2/R402.2 (N1102.2) Specific insulation requirements (Prescriptive); add
Section C402.2.8 and R402.2.14 (N1102.2.14) to read as follows:
Section C402.2.8/R402.2.14 (N1102.2.14) Insulation installed in walls. Insulation installed in
walls shall be totally enclosed on all sides consisting of framing lumber, gypsum, sheathing, wood
structural panel sheathing or other equivalent material approved by the building official.
Section C403.7.4 Energy recovery ventilation systems (Mandatory); add exception #12 to
read as follows:
12. Individual ventilation systems that serve an individual dwelling unit or sleeping unit.
Section C403.11.1 Duct and Plenum Insulation and Sealing (Mandatory); is amended by
adding a second paragraph to read as follows:
Environmental ducts and plenums installed in vertical chases, both supply and exhaust, where the
ducts or plenums will not be accessible after construction completion, shall be leak tested in
accordance with the SMACNA HVAC Air Leakage Test Manual to the installed ductwork class
and pressure requirements.
Documentation shall be furnished demonstrating that representative sections totaling not less than
25 percent of the duct area have been tested and that all tested sections comply with the
requirements of this section.
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Section C405.9. Voltage drop in feeders; deleted in its entirety.
Section C408.3.1 Functional Testing; amend to read as follows:
C408.3.1 Functional Testing. Prior to passing final inspection, the registered design professional
or approved agency shall provide evidence that the lighting control systems have been tested to
ensure that control hardware and software are calibrated, adjusted, programmed, and in proper
working condition in accordance with the construction documents and manufacturer’s instructions.
Functional testing shall be in accordance with Sections C408.3.1.1 through C408.3.1.3 for the
applicable control type.
Section R101.1 Title; change to read as follows:
These regulations shall be known as the Energy Conservation Code of the city of The Colony,
herein referred to as “this code.”
R102.1.2 (N1101.4.1) Alternative compliance. A building certified by a national, state, or local
accredited energy efficiency program and determined by the Energy Systems Laboratory to be in
compliance with the energy efficiency requirements of this section may, at the option of the Code
Official, be considered in compliance. The United States Environmental Protection Agency's
Energy Star Program certification of energy code equivalency shall be considered in compliance.
Regardless of the program or the path to compliance, each 1- and 2-family dwelling shall be tested
for air and duct leakage as prescribed in Section R402.4.1.2 (N1102.4.1.2) and R403.3.3
(N1103.3.3) respectively.
Section R202 (N1101.6) Definitions; add the following definition:
PROJECTION FACTOR. The ratio of the horizontal depth of the overhang, eave or
permanently attached shading device, divided by the distance measured vertically from the bottom
of the fenestration glazing to the underside of the overhang, eave or permanently attached shading
device.
Section R202 (N1101.6) Definitions; add the following definition:
DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to change it
performance properties, including U-factor, solar heat gain coefficient (SHGC), or visible
transmittance (VT).
R402.4.1.2 (N1102.4.1.2) Testing; add a last paragraph to read as follows:
Mandatory testing shall only be performed by individuals that are certified to perform air
infiltration testing certified by national or state organizations as approved by the building official.
The certified individuals must be an independent third-party entity, and may not be employed; or
have any financial interest in the company that constructs the structure.
R403.3.3 (N1103.3.3) Duct Testing (Mandatory); add a last paragraph to read as follows:
Mandatory testing shall only be performed by individuals that are certified to perform duct-testing
leakage testing certified by national or state organizations as approved by the building official. The
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certified individuals must be an independent third-party entity, and may not be employed; or have
any financial interest in the company that constructs the structure.
Section R405.6.2 (N1105.6.2); add the following sentence to the end of paragraph:
Acceptable performance software simulation tools may include, but are not limited to, REM
RateTM; Energy Gauge®; ICF International Beacon Residential; Ekotrope, HERS Module; Right-
Energy HERS and IC3. Other performance software programs as listed by RESNET
®and having
the ability to provide a report as outlined in R405.4.2 may also be deemed acceptable performance
simulation programs and may be considered by the building official.
TABLE R406.4 (N1106.4) MAXIMUM ENERGY RATING INDEX; amend to read as
follows:
TABLE R406.4 (N1106.4) 1
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE ENERGY RATING INDEX
3 65
1 This table is effective until August 31, 2019.
TABLE R406.4 (N1106.4) 2
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE ENERGY RATING INDEX
3 63
2 The table is effective from September 1, 2019 to August 31, 2022.
TABLE R406.4 (N1106.4) 3
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE ENERGY RATING INDEX
3 59
3 This table is effective on September 1, 2022.”
SECTION 5.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 6.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
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SECTION 7.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 8. 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 5TH day of JANUARY, 2021.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Page 1 of 3
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - _______
2018 INTERNATIONAL FUEL GAS CODE
WITH LOCAL AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE
OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
RENUMBERING SECTION 6-7, ENTITLED “SCHEDULE OF FEES” AS
SECTION 6-16, ENTITLED “SCHEDULE OF FEES”; REPEALING IN ITS
ENTIRETY SECTION 6-5.3, ENTITLED "INTERNATIONAL FUEL GAS
CODE ADOPTED” AND REPLACING IT WITH A NEW SECTION 6-7,
ENTITLED "INTERNATIONAL FUEL GAS CODE ADOPTED" BY
ADOPTING THE 2018 EDITION OF THE INTERNATIONAL FUEL GAS
CODE, AND LOCAL AMENDMENTS TO THE INTERNATIONAL FUEL
GAS CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the
2018 Edition of the International Fuel Gas Code, along with local amendments hereto, should be
adopted as the Fuel Gas Code for the City of The Colony.
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 the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by renumbering current Section 6-7,
entitled “Schedule of fees” as Section 6-16, entitled “Schedule of fees.”
SECTION 3. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6-
5.3, entitled “International Fuel Gas Code Adopted” and replacing it with a new Section 6-7,
entitled "International Fuel Gas Code Adopted" which shall read as follows:
“Sec. 6-7. International Fuel Gas Code Adopted.
(a)Adoption. The International Fuel Gas Code with Appendices A through D, 2018 edition,
is hereby adopted and designated as the Fuel Gas Code for the City of The Colony, Texas.
A copy of the 2018 Edition of the International Fuel Gas Code is on file in the office of
the City Secretary.
(b)Local Amendments.The following provisions are local amendments to the 2018 Edition of
the International Fuel Gas Code. Each provision is a substitute for the identically
numbered provision contained in the 2018 Edition of the International Fuel Gas Code or
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is a provision added to the 2018 Edition of the International Fuel Gas Code.
Section 101.1 Title; change to read as follows:
These regulations shall be known as the Fuel Gas Code of the city of The Colony, herein referred
to as “this code.”
Section 306.3; change to read as follows:
[M] 306.3 Appliances in attics. Attics containing appliances shall be provided . . . {bulk of
paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall be a
minimum of 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow removal of
the largest appliance. As a minimum, for access to the attic space, provide one of the following:
1. A permanent stair.
2. A pull down stair with a minimum 300 lb (136 kg) capacity.
3. An access door from an upper floor level.
4.Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the code official
due to building conditions.
Exceptions:
1. The passageway and level service space are not required where the appliance
is capable of being serviced and removed through the required opening.
2. Where the passageway is not less than … {bulk of section to read the same}.
Section 401.5; add a second paragraph to read as follows:
Both ends of each section of medium/high pressure gas piping shall identify its operating gas
pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the
following wording shall be stamped into the tag:
WARNING
½ to 5 psi gas pressure
Do Not Remove
Section 404.12; change to read as follows:
404.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth
of 18 inches (457 mm) measured from top of pipe to adjacent grade.
404.12.1 Delete in its entirety
Section 406.4; change to read as follows:
406.4 Test pressure measurement. Test pressure shall be measured with a monometer or with a
diaphragm gauge. The source of pressure shall be isolated before the pressure tests are made.
Diaphragm gauges shall have a range such that the highest end of the scale is no greater than five
times the test pressure.”
SECTION 4.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
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by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 5.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 6.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 7. 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 5TH day of JANUARY, 2021.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - ______
2018 INTERNATIONAL SWIMMING POOL AND SPA CODE
WITH LOCAL AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE
OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
RENUMBERING SECTION 6-8, ENTITLED “PUNISHMENT FOR
VIOLATION OF CODES” AS SECTION 6-17, ENTITLED “PUNISHMENT
FOR VIOLATION OF CODES”; ADOPTING A NEW SECTION 6-8,
ENTITLED "INTERNATIONAL SWIMMING POOL AND SPA CODE
ADOPTED" BY ADOPTING THE 2018 EDITION OF THE
INTERNATIONAL SWIMMING POOL AND SPA CODE, AND LOCAL
AMENDMENTS TO THE INTERNATIONAL SWIMMING POOL AND SPA
CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the
2018 Edition of the International Swimming Pool and Spa Code, along with local amendments
hereto, should be adopted as the Swimming Pool and Spa Code for the City of The Colony.
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 the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by renumbering current Section 6-8,
entitled “Punishment for violation of codes” as Section 6-17, entitled “Punishment forviolation of
codes.”
SECTION 3. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by adopting a new Section 6-8, entitled
"International Swimming Pool and Spa Code Adopted" which shall read as follows:
“Sec. 6-8. International Swimming Pool and Spa Code Adopted.
(a)Adoption. The International Swimming Pool and Spa Code with Appendices A through D,
2018 edition, is hereby adopted and designated as the Swimming Pool and Spa Code for
the City of The Colony, Texas. A copy of the 2018 Edition of the International Swimming
Pool and Spa Code is on file in the office of the City Secretary.
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(b)Local Amendments.The following provisions are local amendments to the 2018 Edition of
the International Swimming Pool and Spa Code. Each provision is a substitute for the
identically numbered provision contained in the 2018 Edition of the International
Swimming Pool and Spa Code or is a provision added to the 2018 Edition of the
International Swimming Pool and Spa Code.
Section 101.1 Title; change to read as follows:
These regulations shall be known as the Swimming Pool and Spa Code of the city of The Colony,
herein referred to as “this code.”
Section 102.9; Change to read as follows:
Section 102.9 Other laws. The provisions of this code shall not be deemed to nullify any
provisions oflocal, state or federal law, to include but not limitedto;
1.Texas Department of State Health Services (TDSHS); Standards for Public Pools and
Spas;
§285.181 through §285.208, (TDSHS rules do not apply to pools serving
one- and two family dwellings or townhouses).
2.Texas Department of Licensing and Regulation (TDLR); 2012 Texas Accessibility
Standards (TAS), TAS provide the scoping and technical requirements for
accessibility for Swimming Pool, wading pools and spas and shall comply with
2012 TAS, Section 242. (TAS rules do not apply to pools serving one- and two
familydwellings or townhouses).
Exception: Elements regulated under Texas Department of Licensing and
Regulation (TDLR) and built in accordance with TDLR approved plans, including
any variances or waivers granted by the TDLR, shall be deemed to be in compliance
with the requirements of thisChapter.
Section 103.1; Change to read as follows:
Section 103.1 Creation of enforcement agency. The department of Building Inspection is hereby
created and the official in charge thereof shall be known as the code official.
Section 107.4; Delete entirely (covered by general provisions in Code ofOrdinances):
107.5; Change to read as follows:
107.5 Stop work orders. Upon notice from the code official, work on any system that is being
done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately
cease. Such notice shall be in writing and shall be given to the owner of the property, or to the
owner’s agent, or to the person doing the work. The notice shall state the conditions under which
work is authorized to resume. Where an emergency exists, the code official shall not be required
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to give a written notice prior to stopping the work. Any person who shall continue any work in or
about the structure after having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition, shall be in violation of this
code.
Section 202; DEFINITIONS; insert definition; change to read asfollows:
HEALTH OFFICIAL:The Health Official is the representative of the Health Department and
shall regulate the operation of public pools. Routine inspections on pools and spas open to the
public are conducted to document compliance with the standards set forth in State law.
Add subsection 305.2.7.1; to read asfollows:
305.2.7.1 Chain link fencing prohibited. Chain link fencing is not permitted as a barrier in public
poolsbuilt after January 1, 1994.
Section 305.6; Change to read as follows:
305.6 Natural barriers used in a one and two family dwelling or townhouse.
In the case where the pool or spa area abuts the edge of a lake or other natural body of water, public
access is not permitted or allowed along the shoreline, and required barriers extend to and beyond
the water’s edge a minimum of eighteen (18) inches, a barrier is not required between the natural
body of water shoreline and the pool or spa.
Section 310; Change to read as follows:
310.1 General. Suction entrapment avoidance for pools and spas shall be provided in accordance
withAPSP 7 or for public swimming pools in accordance with State of Texas Rulesfor Public
Swimming Pools and Spas, Title 25 TAC Chapter 265 Subchapter L, Rule§265.190.
Section 402.12; Change to read asfollows:
402.12 Water envelopes. The minimum diving water envelopes shall be in accordance with Texas
department of State Health services, Administrative Code Title 25, Chapter 265, Section 186 (e)
and Figure: 25 TAC 256.186 (e) (6). (Delete Table 402.12 and Figure 402.12)
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ADD: Figure: 25 TAC §265.186 (e) (6)
Maximum Diving Board Height Over Water ¾ Meter 1 Meter 3 Meters
Max. Diving Board Length 12 ft.16 ft.16 ft.
Minimum Diving Board Overhang 2 ft. 6 in.5 ft.5 ft.
D1 Minimum 8 ft. 6 in.11 ft. 2 in.12 ft. 2 in.
D2 Minimum 9 ft.10 ft. 10 in.11 ft. 10 in.
D3 Minimum 4 ft.6 ft.6 ft.
L1 Minimum 4 ft.5 ft.5 ft.
L2 Minimum 12 ft.16 ft. 5 in.19 ft. 9 in.
L3 Minimum 14 ft. 10 in.13 ft. 2 in.13 ft. 11 in.
L4 Minimum 30 ft. 10 in. 34 ft. 7 in.38 ft. 8 in.
L5 Minimum 8 ft.10 ft.13 ft.
H Minimum 16 ft.16 ft.16 ft.
From Plummet to Pool Wall at Side 9 ft.10 ft.11 ft. 6 in.
From Plummet to Adjacent Plummet 10 ft.10 ft.10 ft.
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Section 402.13; Delete exception and change to read asfollows:
402.12 Ladders for diving equipment. Ladders shall be provided with two grab rails or two
handrails. There shall be a uniform distance between ladder treads, with a 7-inch (178 mm
minimum) distance and 12 inch (305 mm) maximum distance. Supports, platforms, steps, and
ladders for diving equipment shall be designed to carry the anticipated loads. Steps and ladders
shall be of corrosion-resistant material, easily cleanable and with slip-resistant tread;
Section 411.2.1 & 411.2.2; Change to read asfollows:
411.2.1 Tread dimensions and area. Treads shall have a minimum unobstructed horizontal
depth (i.e., horizontal run) of 12 inches and a minimum width of 20 inches.
411.2.2 Risers. Risers for steps shall have a maximum uniform height of 10 inches, with the
bottom riser height allowed to taper to zero.
Section 411.5.1 & 411.5.2; Change to read asfollows:
411.5.1 Swimouts. Swimouts, located in either the deep or shallow area of a pool, shall comply
with all of the following:
1.Unchanged
2.Unchanged
3.Unchanged
4.The leading edge shall be visibly set apart and provided with a horizontal solid or broken stripe
at least 1 inch wide on the top surface along the front leading edge of each step. This stripe shall
be plainly visible to persons on the pool deck. The stripe shall be a contrasting color to the
background on which it is applied, and the color shall be permanent in nature and shall be a slip-
resistantsurface
411.5.2 Underwater seats and benches. Underwater seats and benches, whether used alone or
in conjunction with pool stairs, shall comply with all of thefollowing:
1. Unchanged
2. Unchanged
3. Unchanged
4. Unchanged
5. The leading edge shall be visually set apart and provided with a horizontal solid or broken
stripe at least 1 inch wide on the top surface along the front leading edge of each step. This stripe
shall be plainly visible to persons on the pool deck. The stripe shall be a contrasting color to the
background on which it is applied, and the color shall be permanent in nature and shall be a slip-
resistantsurface.
6. Unchanged
7. Unchanged
Section 603.2; Change to read as follows:
603.2 Class A and B pools: Class A and B pools over 5 feet deep: the transition point of the pool
from the shallow area to the deep area of the pool shall be visually set apart with a 4-inch minimum
width row of floor tile, a painted line, or similar means using a color contrasting with the bottom;
and a rope and float line shall be provided between 1 foot and 2 feet on the shallow side of the 5-
foot depth along and parallel to this depth from one side of the pool to the other side. The floats
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shall be spaced at not greater than 7-foot intervals; and the floats shall be secured so they will not
slide or bunch up. The stretched float line shall be of sufficient size and strength to offer a good
handhold and support loads normally imposed by users. If the owner or operator ofthe pool knows
or should have known in the exercise of ordinary care that a rope or float is missing, broken, or
defective, the problem shall be promptly remedied
Section 610.5.1; Change to read:
610.5.1 Uniform height of 10 inches. Except for the bottom riser, risers at the centerline shall
have a maximum uniform height of 10 inches (254 mm). The bottom riser height shall be permitted
to vary from the other risers.
Section 804 Diving Water Envelopes; Change to read as follows:
Section 804.1 General.The minimum diving water envelopes shall be in accordance with Table
804.1 and Figure 804.1, or the manufacturer’s specifications, whichever is greater. Negative
construction tolerances shall not be applied to the dimensions of the minimum diving water
envelopes given in Table 804.1.”
SECTION 4.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 5.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 6.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 7. 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 5
TH day of JANUARY, 2021.
Joe McCourry, Mayor
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ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Page 1 of 4
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - _______
2018 INTERNATIONAL EXISTING BUILDING CODE
WITH LOCAL AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE
OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
REPEALING IN ITS ENTIRETY SECTION 6-9, ENTITLED “USE OF
COMBUSTIBLE MATERIALS IN CONSTRUCTION LIMITED”;
ADOPTING A NEW SECTION 6-9 ENTITLED "INTERNATIONAL
EXISTING BUILDING CODE ADOPTED" BY ADOPTING THE 2018
EDITION OF THE INTERNATIONAL EXISTING BUILDING CODE, AND
LOCAL AMENDMENTS TO THE INTERNATIONAL EXISTING
BUILDING CODE; REPEALING IN ITS ENTIRETY SECTION 6-10
ENTITLED “PERMITS AND INSPECTIONS”,PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the
2018 Edition of the International Existing Building Code, along with local amendments hereto,
should be adopted as the Existing Building Code for the City of The Colony.
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 the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by repealing in its entirety Chapter 6, Article I, Section 6-9, entitled “Use
of combustible materials in construction limited.”
SECTION 3. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by adopting a new Section 6-9, entitled
"International Existing Building Code Adopted" which shall read as follows:
“Sec. 6-9- International Existing Building Code Adopted.
(a)Adoption. The International Existing Building Code with Appendices A through D, 2018
edition, is hereby adopted and designated as the Existing BuildingCode for the City of The
Colony, Texas. A copy of the 2018 Edition of the International Existing Building Code is
on file in the office of the City Secretary.
(b)Local Amendments.The following provisions are local amendments to the 2018 Edition of
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the International Existing Building Code. Each provision is a substitute for the identically
numbered provision contained in the 2018 Edition of the International Existing Building
Code or is a provision added to the 2018 Edition of the International Existing Building
Code.
Section 101.1 Title; change to read as follows:
These regulations shall be known as the Existing Building Code of the city of The Colony, herein
referred to as “this code.”
702.6 Materials and methods.All new work shall comply with the materials and methods
requirements in the International Building Code,International Energy Conservation Code,
International Mechanical Code,National Electrical Code, and International Plumbing Code,
as applicable, that specify material standards, detail of installation and connection, joints,
penetrations, and continuityof any element,component, or system in the building.
Section 802.5.1;change to read as follows:
802.5.1 Minimum requirement.Every portion of an open-sided walking surfaces, including
mezzanines,equipment platforms,aisles,stairs,ramps and landings that is more than 30 inches
(762 mm) above the floor or grade below and is not provided with guards, or those in which
the existing guards are judged to be in danger of collapsing, shall be provided with guards.
Section 803.1;add sentence to read as follows:
For the purpose of fire sprinkler protection and fire alarm requirements included in this section,
the work area shall be extended to include at least the entire tenant space or spaces bounded by
wallscapableof resistingthepassageof smokecontainingthesubject workarea, andifthe work
area includes a corridor,hallway, or other exit access, then such corridor, hallway, or other exit
access shall be protected in its entiretyon that particular floor level.
Section 803.2.4;change exception to read as follows:
Exception:Supervision is not required where the Fire Code does not require such for new
construction
Section 803.3;change section to read as follows:
803.3Standpipes.RefertoSection1103.6ofthe FireCode for retroactivestandpiperequirements.
{Deleterest of Section 803.3.}
Section 805.2;remove Exception 1
Section 805.3.1.2; change to read as follows:
805.3.1.2 Fire Escapes required. For other than Group I-2, where more than one exit is
required an existing fire escape complying with section 805.3.1.2.1 shall be accepted as
providing one of the required means of egress.
Section 805.3.1.2.1;change to read as follows:
805.3.1.2.1 Fire Escape access and details - …
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1. [Remain unchanged]
2. Access to a fire escape shall be through a door...
3. Item Deleted
4. [Remain unchanged]
5. In all buildings of Group E occupancy up to and including the 12
th grade, buildings of
Group I occupancy, boarding houses, and childcare centers, ladders of any type are
prohibited on fire escapes used as a required means of egress.
Section 805.5.2 Transoms; add language to read as follows:
805.5.2 Transoms.In all buildings of Group B, E, [Remainder unchanged]
Section 904.1;add sentence to read as follows:
For the purpose of fire sprinklerprotection and fire alarm requirements included in this section,
the work area shall be extended to includeat leastthe entiretenant spaceor spacesbounded by
walls containing the subject work area, and if the work area includes a corridor, hallway, or
other exit access, then such corridor, hallway, or other exit access shall be protected in its
entirety on that particular floor level.
Section 904.1.1; change sentenceto read as follows:
904.1.1 High-rise buildings.An automatic sprinkler system shall be provided in work areas of
high-rise buildings.
Section 1103.3 Flood Hazard Areas; delete this section:
Section 1201.4 Flood Hazard Areas; delete this section:
Section 1301.3.2; change to read as follows:
1301.3.2 Compliance with other codes.Buildings that are evaluated in accordance with this
section shall comply with the International Fire Code.
Section 1301.3.3 Compliance with Flood Hazard Provisions; delete this section:
Section 1402.6 Flood Hazard Areas; delete this section:”
SECTION 4.That the Code of Ordinances of the City of The Colony, Texas, be,and the
same is, hereby amended by repealing in its entirety Chapter 6, Article IV, Section 6-10 entitled
“Permits and Inspections.”
SECTION 5.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 6.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
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all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 7.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 8. 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 5TH day of JANUARY, 2021.
Joe McCourry, Mayor
ATTEST:
_____
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
_____
Jeff Moore, City Attorney
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Page 1 of 4
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - _______
2017 NATIONAL ELECTRICAL CODE
WITH LOCAL AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I OF THE CODE
OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
REPEALING IN ITS ENTIRETY SECTION 6-3, ENTITLED "NATIONAL
ELECTRICAL CODE ADOPTED," AND REPLACING IT WITH A NEW
SECTION 6-3, ENTITLED "NATIONAL ELECTRICAL CODE
ADOPTED" BY ADOPTING THE 2017 EDITION OF THE NATIONAL
ELECTRICAL CODE, AND LOCAL AMENDMENTS TO THE NATIONAL
ELECTRICAL CODE;PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that the
2017 Edition of the National Electrical Code, along with local amendments hereto, should be
adopted as the Electrical Code for the City of The Colony.
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 the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Chapter 6, Article I, by repealing in its entirety Section 6-
3, and replacing it with a new Section 6-3, entitled "National Electrical Code Adopted" which shall
read as follows:
“Sec. 6-3. National Electrical Code Adopted.
(a)Adoption. The National Electrical Code with Appendices A through I, 2017 edition, is
hereby adopted and designated as the Electrical Code for the City of The Colony, Texas.
A copy of the 2017 Edition of the National Electrical Code is on file in the office of the
City Secretary.
(b)Local Amendments.The following provisions are local amendments to the 2017 National
Electrical Code. Each provision is a substitute for the identically numbered provision
contained in the 2017 Edition of the National Electrical Code or is a provision added to
the 2017 Edition of the National Electrical Code.
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Article 100; add the following to definitions:
Engineering Supervision. Supervision by a Qualified State of Texas Licensed Professional
Engineer engaged primarily in the design or maintenance of electrical installations.
Article 505.7 (A) changed to read as follows:
505.7 Special Precaution.
Article 505 requires equipment construction and installation that ensures safe performance under
conditions of proper use and maintenance.
Informational Note No. 1:It is important that inspection authorities and users exercise more
than ordinary care with regard to the installation and maintenance of electrical equipment in
hazardous (classified) locations.
Informational Note No. 2:Low ambient conditions require special consideration. Electrical
equipment depending on the protection techniques described by 505.8(A) may not be suitable for
use at temperatures lower than -20°C (-4°F) unless they are identified for use at lower
temperatures. However, at low ambient temperatures, flammable concentrations of vapors may
not exist in a location classified Class I, Zones 0, 1, or 2 at normal ambient temperature.
Implementation of Zone Classification System. Classification of areas, engineering and
design, selection of equipment and wiring methods, installation, and inspection shall be
performed by a qualified Registered Professional Engineer in the State of Texas.
Article 600.6(A) (1) At Point of Entry to a Sign; Exception 1 changed to read as follows:
Exception No.1:A disconnect shall not be required for branch circuits(s) or feeder conductor(s)
passing through the sign where enclosed in a Chapter 3 listed raceway or metal-jacketed cable
identified for the location. The conductor(s) shall not serve the sign body or sign enclosure where
passing through.
Article 600.6(A) (1) At Point of Entry to a Sign; create a new Exception No. 2 to add the
following language:
Exception No. 2: A disconnect shall not be required at the point of entry to a sign body, sign
enclosure, or pole for branch circuit conductor(s). The conductors shall be enclosed in a Chapter
3 listed raceway or metal-jacketed cable identified for the location. The conductor(s) shall be
routed to a device box which contains the disconnect. A field-applied permanent warning label
that is visible during servicing shall be applied to the raceway at or near the point of entry into
the sign enclosure or sign body. The warning label shall comply with 110.21(B) and state the
following: “Danger. This raceway contains energized conductors.” The marking shall include the
location of the disconnecting means for the energized conductor(s). The disconnecting means
shall be capable of being locked in the open position in accordance with 110.25.
Article 600.6(A) (1) At Point of Entry to a Sign; move the original Exception 2 to create a
new Exception No. 3 and add the following language:
Exception No. 3:A disconnect shall not be required at the point of entry to a sign enclosure or
sign body for branch circuit(s) or feeder conductor(s) that supply an internal panelboard(s) in a
sign enclosure or sign body. The conductors shall be enclosed in a Chapter 3 listed raceway or
metal-jacketed cable identified for the location. A field-applied permanent warning label that is
visible during servicing shall be applied to the raceway at or near the point of entry into the sign
enclosure or sign body. The warning label shall comply with 110.21(B) and state the following:
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“Danger. This raceway contains energized conductors.” The marking shall include the location
of the disconnecting means for the energized conductor(s). The disconnecting means shall be
capable of being locked in the open position in accordance with 110.25.
Informational Note:The location of the disconnect is intended to allow service or maintenance
personnel complete and local control of the disconnecting means.
Article 680.25(A) remove the amendment that added the following language and exception:
680.25 Feeders.
These provisions shall apply to any feeder on the supply side of panelboards supplying branch
circuits for pool equipment covered in Part II of this article and on the load side of the service
equipment or the source of a separately derived system.
(A)Wiring Methods.
(1) Feeders.Feeders shall be installed in rigid metal conduit, intermediate metal conduit.
The following wiring methods shall be permitted if not subject to physical damage:
(1) Liquidtight flexible nonmetallic conduit
(2) Rigid polyvinyl chloride conduit
(3) Reinforced thermosetting resin conduit
(4) Electrical metallic tubing where installed on or in a building
(5) Electrical nonmetallic tubing where installed within a building
(6) Type MC Cable where installed within a building and if not subject to corrosive
environment.”
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect.
SECTION 5.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 5TH day of JANUARY, 2021.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
98
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
SUP20-0002 – SUP Amendment 4819 State Highway 121 Office “G” and “H” – Tattoo Parlor
Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit
(SUP) Amendment to SUP Ordinance No. 2019-2354 to allow for the existing tattoo parlor operations of “The
Gallery TCTX” to be relocated from 4819 State Highway 121 Office “I” and “J” to 4819 State Highway Office 121
“G” and “H” containing approximately 812 square feet. The subject site is located within the Planned
Development – 11 (PD-11) Zoning District and Gateway Overlay District. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use analysis, site layout
and staff recommendations
Attachments:
SUP20-0002 CC Staff Report.pdf
SUP20-0002.pdf
Floor Plan.pdf
Site Plan.pdf
Existing Signage.JPG
Ord. 2021-xxxx Tattoo Parlor SUP.docx
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CITY COUNCIL REPORT
AGENDA DATE: January 5, 2020
DEPARTMENT: Development Services Department
SUBJECT
SUP20-0002 – SUP Amendment 4819 State Highway 121 Office “G” and “H” – Tattoo Parlor
Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific
Use Permit (SUP) Amendment to SUP Ordinance No. 2019-2354 to allow for the existing tattoo
parlor operations of “The Gallery TCTX” to be relocated from 4819 State Highway 121 Of fice
“I” and “J” to 4819 State Highway Office 121 “G” and “H” containing approximately 812 square
feet. The subject site is located within the Planned Development – 11 (PD-11) Zoning District and
Gateway Overlay District.
OWNER/ENGINEER
Owner: Bhadresh Tivedi Plano, Texas
Applicant: Gabriella Rodriguez Frisco, Texas
EXISTING CONDITION OF PROPERTY
The property is currently developed as the 121 Office Plaza located at 4819 State Highway 121.
ADJACENT ZONING AND LAND USE
North - Planned Development 11 (PD-11) Zoning District
South - Planned Development 11 (PD-11) Zoning District
East - Planned Development 11 (PD-11) Zoning District
West - Planned Development 11 (PD-11) Zoning District
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
December 8, 2020 - The Planning and Zoning Commission voted (7-0) to recommend approval
of the Specific Use Permit SUP20-0002.
March 19, 2019 - The City Council passed an ordinance (6 -0) to allow a tattoo parlor within
offices “I” and “J” of 4819 State Highway 121.
PROPOSED DEVELOPMENT
The applicant requests a Specific Use Permit (SUP) Amendment to relocate the existing tattoo
parlor operations from offices “I” and “J” to offices “G” and “H.” The removal of operations from
office “I” and “J” and the creation of op erations in offices ”G” and “H” increase the tattoo parlor
use area from 615 square feet to 812 square feet. Office “G” will have three (3) tattoo stations,
and office “H” will includes reception, administration area, seasonal art display, and offer art
classes.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of ten (10) days prior to the
Planning and Zoning Commission In addition, Zoning Ordinance also requires notification of
property owners located within 200 feet of the sub ject property a minimum of ten (10) days prior
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to the public hearing. Twenty (20) notices were mailed to surrounding property owners; no
response was received as of the printing of this packet.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee finds that the SUP amendment meets all applicable
requirements of the Zoning Ordinance and therefore recommends approval.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Site Plan
4. Floor Plan
5. Existing Signage
ATTACHMENT 1
Staff Analysis
Land Use Analysis
The site resides in the Planned Development -11 (PD-11) Zoning District with underlying General
Retail (GR) zoning and the Gateway Overlay District. The Zoning Ordinance requires Specific
Use Permit (SUP) approval for Tattoo Parlor uses in the General Retail (GR) zoning district.
A Specific Use Permit is specific to the proposed space, and changes require rehearing by City
Council. By amending the existing Specific Use Permit (Ordinance No. 2019 -2354), the applicant
may relocate suites and remove a ta ttoo parlor use from the disused space. The proposed
amendment will increase possible tattoo parlor space from 615 square feet to 812 square feet.
The City Council may approve an SUP for a tattoo parlor meeting the following location criteria:
• No tattoo parlor may be located within 1,000 feet of another tattoo parlor. For purposes of
this subsection, the 1,000-foot spacing requirement shall be measured from the leased or
owned occupied space of the tattoo parlor to the nearest leased or owned occupied space of
any other tattoo parlor 10-1370 (1) (b).
• No tattoo parlor may be located within 1,000 feet of a public, denominational and/or
charter school. For purposes of this subsection, the 1,000 -foot spacing requirement shall be
measured from the leased or owned occupied space of the tattoo parlor to the nearest school
lot line 10-1370 (1) (a).
City records reflect no other tattoo establishments within 1,000 feet of the proposed location.
Two other Tattoo Parlors are operating in the City: “Allegianc e Tattoo” at 4716 E. Lake
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Highlands Dr. and “Cowboy Tattoo II” at 4181 Main Street, Suite 800. “Cowboy Tattoo II” is
the closest Tattoo Parlor and is approximately 2,750 feet from the subject site. “Got Browz by
Denise,” located at 5701 State Highway 1 21 Suite 127, a beauty parlor, includes permanent
makeup tattoos as a secondary use. “Got Browz by Denise” is approximately 2,025 feet from the
subject site.
The amended suite location is not within 1,000 of a school location; however, the location is
approximately 785 linear feet from the Lewisville Independent School District (LISD) owned
property. The portion of the LISD property within the 1,000 of the amendment tattoo location is
within Planned Development 11 (PD-11); school uses within this distric t require a Specific Use
Permit (SUP). Further this portion of property is currently vacant and encumbered by a drainage
easement.
In addition to the Tattoo Parlor, the applicant is proposing to add occasional art classes to office
“H.” 4819 State Highway 121 resides within PD-11 and has an underlying zoning of General
Retail (GR). Retail stores and shops other than listed are allowed “by -right” in the GR district.
Proposed art classes will utilize office space and not have a dedicated space. The applicant attests
that art classes will not constitute a significant portion of the sales, space or activity time within
the suites.
Specific Use Permit (SUP) Criteria
In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning
Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a
Specific Use Permit application using the following criteria:
1. Conformance with the City of The Colony’s Comprehensive Plan;
The Future Land Use Map identifies this area as “S.H. 121 Corridor Development” which
includes commercial, entertainment and support services. The proposed land use is in
conformance with The Colony Comprehensive Plan.
2. Conformance with applicable regulations and standards established by t he zoning
regulations;
With the approval of the SUP amendment, the application will be in conformance with the
Zoning Ordinance.
3. Compatibility with existing or permitted uses on abutting sites, in terms of building
height, build and scale, setbacks on open spaces, landscaping and site development,
access and circulation features, architectural compatibility;
The applicants request to continue the existing tattoo parlor use within new suites will
remain compatible with the approved uses on abutting sites .
4. Safety and convenience of vehicular and pedestrian circulation in the vicinity,
including traffic reasonably expected to be generated by the proposed use and other
uses reasonable and anticipated in the area, existing zoning and land uses in the area;
The site layout for the subject site has been reviewed and has been previously approved by
the City which meets traffic circulation and associated requirements.
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5. Protection of persons and property from erosion, flood, or water damage, fire, noise,
glare, air quality, generation of dust and odors, and similar hazards and impacts;
The subject site is constructed in accordance with applicable regulations at the time of
construction.
6. Location, lighting and type of signs; the relation of signs to traffic co ntrol and
adverse effect of signs on adjacent properties;
All existing lighting will remain as previously approved. The existing signage will not
change.
7. Adequacy and convenience of off-street parking and loading facilities;
The subject site meets the Zoning Ordinance requirements for off-street parking.
8. Determination that the proposed use and site development, together with any
modifications applicable thereto, will be compatible with existing or permitted uses in
the vicinity;
Developments within Planned Development 11 (PD-11) zoning district will generally
consist of use types included in General Retail (GR) District which classifies mostly all
retail activities. The proposed development tattoo parlor and art gallery, with ancillary
office and tattoo station areas are consistent with the intended uses for the Planned
Development 11 (PD-11) zoning district and compatible with the surrounding land uses
with existing and permitted uses in the vicinity.
9. Determination that any conditions applicable to approval are the minimum necessary
to minimize potentially unfavorable impacts on nearby uses in the same district and
surrounding area
No special conditions are being recommended by staff. The proposed use as requested is
not anticipated to create any unfavorable impacts on nearby uses in the same district and
surrounding area.
10. Determination that the proposed use, together with the conditions applicable thereto,
will not be detrimental to the public health, safety, or welfare of materially injurious
to properties or improvements in the vicinity.
The proposed relocation is not anticipated to be detrimental to the public health, safety, or
welfare in the general vicinity.
Exterior Building Material
No exterior improvements are planned for the subject site.
Infrastructure Improvements
No specific public infrastructure improvements are planned for this area.
Development Review Committee Review
The Development Review Committee finds that the SUP amendment meets all applicable
requirements of the Zoning Ordinance and therefore recommends approval.
103
4819
4815
4895
4811
SH 121 SH 121 SH 121SH 1214811
4895
4815
4819
This ma p was genera ted by GIS d ata provided by Th e Colony GIS Departmen t. The City of T he Colony does not guar antee th e co rrectness oraccuracy of any fea tures o n this map. These digital products are for llustration purpose s only a nd are no t suitable for site -specific decision making. /Project No. SUP2 0-0002 - P roject Nam e: La Ga llery, 4819 SH-12 1
Sub ject Area
Sub ject Area
la galle ry su p
Agricultu ral
Business Park
Business Park/I ndustrial
Duplex Dwelling
Gene ral Retail
Heavy Comm ercial
Industrial
Light Commercial
Mobile Hom e
Neighb orh ood Service
Office District 1
Pla nned Development
Shopp ing Ce nter
Sin gle Family Dwelling
Townh ome
104
105
106
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING ORDINANCE NO. 2019-2354, BY APPROVING A SPECIFIC
USE PERMIT FOR A TATTOO PARLOR KNOWN AS “LA GALLERY
TCTX,” LOCATED AT 4819 STATE HIGHWAY 121, OFFICES “G” AND
“H,” CONTAINING A TOTAL AREA OF 812 SQUARE FEET WITHIN
PLANNED DEVELOPMENT – 11 (PD-11) ZONING DISTRICT AND THE
GATEWAY OVERLAY DISTRICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,Section 211.006(a) of the Texas Local Government Code requires the City of
The Colony, Texas, to publish notice of a public hearing concerning azoning amendment before the
15th day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(d) of the Code of Ordinances of the City of The
Colony, Texas, provides the following: “A public hearing shall be held by city council before adopting
any proposed amendment, supplement or change. Notice of such hearing shall be given per the
publication policy of the city, stating the time and place of such hearing, and shall be published a
minimum of 15 days prior to the date of the public hearing”; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of The
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the
City of The Colony, Texas, have given the requisite notices by publication and otherwise, and have
held due public hearings and afforded a full and fair hearing to all property owners generally and to
all persons interested, and the City Council of the City of The Colony, Texas, is of the opinion and
finds that Ordinance No. 2019-2354, adopting Specific Use Permit No. SUP19-0002, shall be
amended to permit a tattoo parlor known as “La Gallery TCTX,” formerly located at 4819 State
Highway 121, Offices “I” and “J,” to be located at 4819 State Highway 121, Offices “G” and “H,”
containing a total area of 812 square feet, within Planned Development –11 (PD-11) Zoning District
and the Gateway Overlay District, and that the Code of Ordinances should be so amended.
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 the Code of Ordinances, Appendix A, Comprehensive Zoning
Ordinance, of the City of The Colony should be amended by amending Ordinance No. 2019-2354
by amending Specific Use Permit No. SUP19-0002, to authorize a Specific Use Permit for a tattoo
parlor known as “La Gallery TCTX,” located at 4819 State Highway 121, Offices “G” and “H,”
containing a total area of 812 square feet, within Planned Development – 11 (PD-11) Zoning
108
2
District and the Gateway Overlay District, and by amending Ordinance No. 2019-2354 and
SUP19-0002 by revoking the Specific Use Permit for a tattoo parlor located at4819 State Highway
121, Offices “I” and “J.”
SECTION 3.That it is hereby declared to be the intention of the City Council of the City
of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation in this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, is hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 5th day of January 2021.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
109
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Tina Stewart
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a 0.2903 acre
Right-of-Way dedication with the City of The Colony, Texas for the Grandscape Phase 2 Public Improvements
Project. (Maurina/Hartline)
Suggested Action:
Attachments:
Res. 2021-xxx Right-of-Way Dedication with LDC - 0.2903 acres.docx
110
Page 1
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE RIGHT-OF-WAY DEDICATION
BY THE COLONY LOCAL DEVELOPMENT CORPORATION TO THE
CITY OF THE COLONY, TEXAS, CONCERNING A 0.2903 ACRE TRACT
OF LAND IN THE B.B.B & CO. RAILROAD SURVEY, ABSTRACT 174,
CITY OF THE COLONY, DENTON COUNTY, TEXAS, A COPY OF
WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS,the City Council of the City of The Colony, Texas, hereby approves and
authorizes the President of The Colony Local Development Corporation (the “LDC”) to execute the
Right-of-WayDedication, a copy of which is attached hereto as Exhibit A of this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1.That the foregoing recitals are hereby found to be true and correct findings
of the City of The Colony, Texas, and are fully incorporated into the body of this Resolution.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
authorize the President of the LDC to execute the Right-of-Way Dedication, a copy of which is
attached hereto as Exhibit A of this Resolution, conveying 0.2903 acres of Right-of-Way to the City
of The Colony, Texas.
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Resolution; and the City Council hereby declares it would have passed such remaining portions
of this Resolution despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 4. This Resolution shall become effective immediately.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 5
TH day of JANUARY, 2021.
Joe McCourry, Mayor
111
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
112
Exhibit A
Right-of-Way Dedication
113
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Tina Stewart
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a 0.1851 acre Utility
Easement with the City of The Colony, Texas for the Grandscape Phase 2 Public Improvements Project.
(Maurina/Hartline)
Suggested Action:
Attachments:
Res. 2021-xxx Utility Easement with LDC - 0.1851 acres.docx
114
Page 1
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE CONVEYANCE OF A UTILITY
EASEMENT BY THE COLONY LOCAL DEVELOPMENT
CORPORATION TO THE CITY OF THE COLONY, TEXAS,
CONCERNING A 0.1851 ACRE TRACT OF LAND IN THE B.B.B & CO.
RAILROAD SURVEY, ABSTRACT 174, CITY OF THE COLONY,
DENTON COUNTY, TEXAS, A COPY OF WHICH IS ATTACHED
HERETO AS EXHIBIT “A”; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS,the City Council of the City of The Colony, Texas, hereby approves and
authorizes the President of The Colony Local Development Corporation (the “LDC”) to execute the
Utility Easement, a copy of which is attached hereto as Exhibit A of this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1.That the foregoing recitals are hereby found to be true and correct findings
of the City of The Colony, Texas, and are fully incorporated into the body of this Resolution.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
authorize the President of the LDC to execute the Utility Easement, a copy of which is attached
hereto as Exhibit A of this Resolution, conveying an 0.1851 acre utility easement to the City of The
Colony, Texas.
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Resolution; and the City Council hereby declares it would havepassed such remaining portions
of this Resolution despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 4. This Resolution shall become effective immediately.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 5
TH day of JANUARY, 2021.
Joe McCourry, Mayor
115
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
116
Exhibit A
Utility Easement
117
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: January 5, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider a resolution approving bylaws of The Colony Hotel Development Corporation. (Council)
Suggested Action:
Attachments:
Bylaws - The Colony Hotel Development Corporation.docx
Res. 2020-xxx Hotel Development Corporation Bylaws.docx
118
BYLAWS
OF
THE COLONY HOTEL DEVELOPMENT CORPORATION
A Texas Local Government Corporation
Date of Adoption: December 15, 2020
119
TABLE OF CONTENTS
Page
-i-
ARTICLE I PURPOSES AND POWERS...........................................................................1
Section 1.Purpose.......................................................................................................1
Section 2.Formation...................................................................................................1
Section 3.Powers........................................................................................................1
Section 4.Nonprofit Corporation ...............................................................................1
ARTICLE II BOARD OF DIRECTORS..............................................................................2
Section 1.Appointment, Classes, Powers, Number, and Term of Office...................2
Section 2.Meetings of Directors ................................................................................2
Section 3.Annual Meetings........................................................................................2
Section 4.Regular Meetings.......................................................................................3
Section 5.Special and Emergency Meetings..............................................................3
Section 6.Quorum and Action of the Board...............................................................3
Section 7.Participation by Conference Telephone.....................................................3
Section 8.Conduct of Business ..................................................................................3
Section 9.Compensation of Directors........................................................................4
Section 10.Director's Reliance on Consultant Information .........................................4
ARTICLE III OFFICERS.......................................................................................................4
Section 1.Titles and Term of Office ..........................................................................4
Section 2.Powers and Duties of the Chairperson.......................................................4
Section 3.Powers and Duties of the Vice Chairperson..............................................4
Section 4.Treasurer....................................................................................................4
Section 5.Secretary ....................................................................................................5
Section 6.Officer's Reliance on Consultant Information...........................................5
ARTICLE IV MISCELLANEOUS PROVISIONS................................................................5
Section 1.Fiscal Year.................................................................................................5
Section 2.Notice and Waiver of Notice.....................................................................5
Section 3.Resignations...............................................................................................6
Section 4.Gender........................................................................................................6
Section 5.Appropriations and Grants.........................................................................6
120
TABLE OF CONTENTS
(continued)
Page
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ARTICLE V INDEMNIFICATION OF DIRECTORS AND OFFICERS...........................6
Section 1.Right to Indemnification............................................................................6
Section 2.Advance Payment......................................................................................6
Section 3.Indemnification of Employees and Agents................................................7
Section 4.Appearance as a Witness ...........................................................................7
Section 5.Non-exclusivity of Rights..........................................................................7
Section 6.Insurance....................................................................................................7
Section 7.Notification................................................................................................7
Section 8.Savings Clause...........................................................................................8
ARTICLE VI CODE OF CONDUCT....................................................................................8
ARTICLE VII AMENDMENTS.............................................................................................8
ARTICLE VIII CONFLICTS ...................................................................................................8
121
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BYLAWS
OF
THE COLONY HOTEL DEVELOPMENT CORPORATION
ARTICLE I
PURPOSES AND POWERS
Section 1.Purpose. The ColonyHotel Development Corporation (the “Corporation”)
is organized for the purposes set forth in Article IV of its Articles of Incorporation, as the same
may be amended from time to time, with such purposes to be accomplished on behalf of the city
of The Colony, Texas (the “City”) as the City’s duly constituted authority and instrumentality in
accordance with the Subchapter D of Chapter 431, Texas Transportation Code, as amended (the
“Act”), and other applicable laws.
Section 2.Formation. The Corporation is formed pursuant to the provisions of the
Act, and, to the extent provided by the Act, Chapter 394, Texas Local Government Code, as
amended (the “Local Government Code”), which authorizes the Corporation to assist and act on
behalf of the City and to engage in activities in the furtherance of its authorized purposes.
Section 3.Powers. The Corporation shall have and exercise all of the rights, powers,
privileges, authority, and functions given by the general laws of the State to nonprofit corporations
incorporated under the Act including, without limitation, all powers not 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, to the extent necessary to carry out
its authorized purposes, including, but not limited to, the power to acquire land and enter into a
sale, loan, lease, grant, transfer, trust, operating, or other agreement as authorized by the Act.
The Corporation shall have all other powers of a like or different nature not prohibited by
law which are available to non-profit corporations in the State and which are necessary or useful
to enable the Corporation to perform its authorized purposes, including the power to issue bonds,
notes or other obligations, and otherwise exercise its borrowing power to accomplish its authorized
purposes, provided that the Corporation shall not issue bonds or notes without the consent of the City
Council of the City (the “City Council”).
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, as amended, Texas Civil Practice
and Remedies Code. The operations of the Corporation are governmental and not proprietary
functions for purposes of the Texas Tort Claims Act, as amended, Chapter 101, Texas Civil
Practice and Remedies Code.
Section 4.Nonprofit Corporation. The Corporation shall be a public, nonprofit
corporation, and no part of its net earnings remaining after payment of its bonds and expenses shall
inure to the benefit of any person other than the City.
122
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ARTICLE II
BOARD OF DIRECTORS
Section 1.Appointment, Classes, Powers, Number, and Term of Office. All powers of
the Corporation shall be vested in the Board of Directors (the “Board”). The Board shall consist of
nine (9) persons who shall have the qualifications contained in the Articles of Incorporation.
Directors of the Corporation (“Director” or “Directors”) shall be appointed to the Board by the
City Council. The term of service for a Director other than an initial Director, whose initial term
is specified in Article XII the Corporation’s Articles of Incorporation, is two (2) years. Each
Director shall serve for the term for which he or she is appointed and until his or her successor
shall have been appointed or until his or her earlier death, resignation, retirement, disqualification,
or removal. Any Director whose term shall have expired may be appointed to succeed
himself/herself. The City Council may, by resolution, remove one or more Directors, with or
without cause, and may appoint a new, qualified Director or Directors to fill the remainder of the
term. The directors constituting the initial Board shall be those directors named in the Articles of
Incorporation. Successor directors shall have the qualifications and shall be appointed to the terms
set forth herein. In case of a vacancy in the Board through death, resignation, disqualification, or
other cause or incapacity, a successor to hold office shall be appointed by the City Council. Subject
to the approval of the City Council, the Board may increase or decrease the number of the persons
who make up the Board; provided, however, that such number shall never be less than five (5).
In accordance with the Act, at all times a majority of the Directors on the Board shall reside
within the City. The City Council may, by resolution, remove one or more of the Directors, with
or without cause. The City Council may appoint a new, qualified Director or Directors provided
at least two of the nine Directors are qualified based on the ownership criteria described above.
The Chairperson/President of the Board (the “Chairperson”) shall be appointed by the City
Council.
Section 2.Meetings of Directors. The Directors may hold their meetings and may
have an office and keep the books of the Corporation at such place or places within the City as the
Board may from time to time determine; provided, however, in the absence of any such
determination, such place shall be the registered office of the Corporation in the State.
The Board shall meet in accordance with and file notice of each meeting of the Board for
the same length of time and in the same manner and location as is required of a City under Chapter
551, as amended, Texas Government Code (the “Open Meetings Act”). The Corporation, the
Board, and any committee of the Board exercising the powers of the Board are subject to Chapter
552, as amended, Texas Government Code (the “Texas Public Information Act”). The City
Secretary has the primary responsibility for carrying out the duties required by the Texas Public
Information Act, and is hereby designated the public information coordinator for purposes of the
Texas Public Information Act.
Section 3.Annual Meetings. The annual meeting of the Board shall be held during the
month of August of each year. The Board shall designate the time and the location of the annual
meeting which shall be within the City.
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Section 4.Regular Meetings. Regular meetings of the Board shall be held at such
times and places as shall be designated, from time to time, by resolution of the Board.
Section 5.Special and Emergency Meetings. Consistent with the Open Meetings Act,
special and emergency meetings of the Board shall be held whenever called by the Chairperson,
the Secretary of the Board, or by a majority of the Directors who are serving duly appointed terms
of office at the time the meeting is called. The Secretary of the Board shall give notice of each
special meeting in person, by telephone, telecopier, mail, electronic mail or telegraph at least two
(2) hours before the meeting to each Director. Notice of each emergency meeting shall also be
given in the manner required of the City under Section 551.045 of the Texas Open Meetings Act.
Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of
the Corporation may be considered and acted upon at a special or emergency meeting. At any
meeting at which every Director shall be present, even though without any notice, any matter
pertaining to the purposes of the Corporation may be considered and acted upon to the extent
allowed by the Texas Open Meetings Act.
Section 6.Quorum and Action of the Board. A simple majority of the Board shall
constitute a quorum for the consideration of matters pertaining to the purposes of the Corporation.
If at any meeting of the Board there is less than a quorum present, a majority of those present may
adjourn the meeting from time to time. The act of a majority of the Directors present and voting at
a meeting at which a quorum is in attendance shall constitute the act of the Board, unless the act
of a greater number is required by law, by the Articles of Incorporation, or by these Bylaws.
A Director who is present at a meeting of the Board at which any corporate action is taken
shall be presumed to have assented to such action, unless his or her dissent shall be entered in the
minutes of the meeting or unless he or she shall file his or her written dissent to such action with
the person acting as the secretary of the meeting before the adjournment thereof or shall forward
such dissent by registered mail to the Secretary of the Board immediately after the adjournment of
the meeting. Such right to dissent shall not apply to a Director who voted in favor of the action.
Section 7.Participation by Telephone Conference and Videoconference. In
accordance with the Open Meetings Act, members of the Board or members of any committee
designated by the Board may participate in and hold a meeting of the Board or such committee by
means of telephone conference, video conference or similar communications equipment to the
same extent as a governmental body within the meaning of the Open Meetings Act, and
participation in such a meeting shall constitute presence in person at such meeting, except where
a person participates in the meeting for the express purpose of objecting to the transaction of any
business on the ground that the meeting is not lawfully called or convened. Notice of such meeting
shall be given in accordance with the Open Meetings Act.
Section 8.Conduct of Business. At the meetings of the Board, matters pertaining to
the purposes of the Corporation shall be considered in such order as from time to time the Board
may determine. At all meetings of the Board, the Chairperson shall preside, and in the absence of
the Chairperson, the Vice Chairperson shall preside. In the absence of the Chairperson and the
Vice Chairperson, a chairperson shall be chosen by the Board from among the Directors present.
The Secretary of the Board shall act as secretary of all meetings of the Board, but in the absence
of the Secretary, the presiding officer may appoint any person to act as secretary of the meeting.
124
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Section 9.Compensation of Directors. Directors, as such, shall not receive any salary
or compensation for their services as Directors. However, Directors shall be reimbursed for their
actual expenses incurred in the performance of their official duties as Directors.
Section 10.Director's Reliance on Consultant Information. A Director shall not be
liable if while acting in good faith and with ordinary care, he or she relies on information, opinions,
reports, or statements, including financial statements and other financial data, concerning the
Corporation or another person, that were prepared or presented by:
(a)one or more other officers or employees of the Corporation;
(b)legal counsel, public accountants, the operator or the developer of the Project, or
other persons as to matters the officer reasonably believes are within the person's professional or
expert competence; or
(c)a committee of the Board of which the Director is not a member.
ARTICLE III
OFFICERS
Section 1.Titles and Term of Office. The officers of the Corporation shall be a
Chairperson/President, a Vice Chairperson/Vice President, a Secretary, a Treasurer, and such other
officers as the Board may from time to time elect or appoint. One person may hold more than one
office, except that the Chairperson shall not hold the office of Secretary. The Board, at its
organizational meeting and annually thereafter, shall elect officers, excluding the
Chairperson/President. All officers (other than the Chairperson) shall be subject to removal, with
or without cause, at any time by a vote of a majority of the whole Board. A vacancy in the office
of any officer (other than the Chairperson) shall be filled by the Board.
Section 2.Powers and Duties of the Chairperson. The Chairperson shall be a member
of the Board and shall preside at all meetings of the Board. He or she shall have such duties as are
assigned by the Board. The Chairperson may call special or emergency meetings of the Board.
Section 3.Powers and Duties of the Vice Chairperson. The Vice Chairperson shall be
a member of the Board. The Vice Chairperson shall perform the duties and exercise the powers of
the Chairperson upon the Chairperson's death, absence, disability, or resignation, or upon the
Chairperson's inability to perform the duties of his or her office. Any action taken by the Vice
Chairperson in the performance of the duties of the Chairperson shall be conclusive evidence of
the absence or inability of the Chairperson to act at the time such action was taken.
Section 4.Treasurer. The Treasurer shall have custody of all the funds and securities
of the Corporation which come into his or her hands. When necessary or proper, he or she may
endorse, on behalf of the Corporation, for collection, checks, notes and other obligations and shall
deposit the same to the credit of the Corporation in such bank or banks or depositories as shall be
designated in the manner prescribed by the Board; he or she may sign all receipts and vouchers for
payments made to the Corporation, either alone or jointly with such other officer as is designated
by the Board;whenever required by the Board; he or she shall enter or cause to be entered regularly
125
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in the books of the Corporation to be kept by him or her for that purpose full and accurate accounts
of all moneys received and paid out on account of the Corporation; he or she shall perform all acts
incident to the position of Treasurer subject to the control of the Board; and he or she shall, if
required by the Board, give such bond for the faithful discharge of his or her duties in such form
as the Board may require. The Treasurer of the Corporation need not be a member of the Board
and may be an elected officer, an appointed officer, or an employee of the City.
Section 5.Secretary. The Secretary shall keep the minutes of all meetings of the Board
in books provided for that purpose; he or she shall attend to the giving and serving of all notices;
in furtherance of the purposes of the Corporation and subject to the limitations contained in the
Articles of Incorporation, he or she may sign with the Chairperson in the name of the Corporation
and/or attest the signatures thereof, all contracts, conveyances, franchises, bonds, deeds,
assignments, mortgages, notes and other instruments of the Corporation; he or she shall have charge
of the Corporation's books, records, documents and instruments, except the books of account and
financial records and securities of which the Treasurer shall have custody and charge, and such
other books and papers as the Board may direct, all of which shall at all reasonable times be open
to the inspection of any Director upon application at the office of the Corporation during business
hours; and, he or she shall in general perform all duties incident to the office of Secretary subject
to the control of the Board.
Section 6.Officer's Reliance on Consultant Information. In the discharge of a duty
imposed or power conferred on an officer of the Corporation, the officer may in good faith and
with ordinary care rely on information, opinions, reports, or statements, including financial
statements and other financial data, concerning the Corporation or another person, that were
prepared or presented by:
(a)one or more other officers or employees of the Corporation, including members of
the Board; or
(b)legal counsel, public accountants, the operator or the developer of the Project, or
other persons as to matters the officer reasonably believes are within the person's professional or
expert competence.
ARTICLE IV
MISCELLANEOUS PROVISIONS
Section 1.Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal
year of the City.
Section 2.Notice and Waiver of Notice. Whenever any notice whatever is required to
be given under the provisions of these Bylaws (other than a notice required by the Open Meetings
Act), such notice shall be deemed to be sufficient if given by depositing the same in a post office
box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office
address, as it appears on the books of the Corporation, and such notice shall be deemed to have
been given on the day of such mailing. A waiver of notice, signed by the person or persons entitled
to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto.
126
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Section 3.Resignations. Any Director or officer may resign at any time. Such
resignation shall be made in writing to any officer of the Board. Said resignation shall not become
effective until a successor has been elected or appointed and duly qualified.
Section 4.Gender. References herein to the masculine gender shall also refer to the
feminine in all appropriate cases, and vice versa.
Section 5.Appropriations and Grants. The Corporation shall have the power to
request and accept any appropriation, grant, contribution, donation, or other form of aid from the
federal government, the State, any political subdivision, or municipality in the State, or from any
other source.
ARTICLE V
INDEMNIFICATION OF DIRECTORS AND OFFICERS
Section 1.Right to Indemnification. Subject to the limitations and conditions as
provided in this Article V and the Articles of Incorporation, each person who was or is made a
party or is threatened to be made a party to or is involved in any threatened, pending or completed
action, suit or proceeding, whether civil, criminal, administrative, arbitrative or investigative
(hereinafter a “proceeding”), or any appeal in such a proceeding or any inquiry or investigation
that could lead to such a proceeding, by reason of the fact that he or she, or a person of whom he
or she is the legal representative, is or was a Director or officer of the Corporation or while a
Director or officer of the Corporation is or was serving at the request of the Corporation as a
director, officer, partner, venturer, proprietor, trustee, employee, agent or similar functionary of
another foreign or domestic corporation, partnership, joint venture, sole proprietorship, trust,
employee benefit plan or other enterprise shall be indemnified by the Corporation to the fullest
extent permitted by applicable law, as the same exists or may hereafter be amended (but, in the
case of any such amendment, only to the extent that such amendment permits the Corporation to
provide broader indemnification rights than said law permitted the Corporation to provide prior to
such amendment) against judgments, penalties (including excise and similar taxes and punitive
damages), fines, settlements and reasonable expenses (including, without limitation, attorneys'
fees) actually incurred by such person in connection with such proceeding, and indemnification
under Article V shall continue as to a person who has ceased to serve in the capacity which initially
entitled such person to indemnity hereunder. The rights granted pursuant to this Article V shall be
deemed contract rights, and no amendment, modification or repeal of this Article V shall have the
effect of limiting or denying any such rights with respect to actions taken or proceedings arising
prior to any such amendment, modification or repeal. It is expressly acknowledged that the
indemnification provided in this Article V could involve indemnification for negligence or under
theories of strict liability.
Section 2.Advance Payment. The right to indemnification conferred in this Article V
shall include the right to be paid in advance or reimbursed by the Corporation the reasonable
expenses incurred by a person of the type entitled to be indemnified under Section 1 of this Article
V who was, is, or is threatened to be made a named defendant or respondent in a proceeding in
advance of the final disposition of the proceeding and without any determination as to the person's
ultimate entitlement to indemnification; provided, however, that the payment of such expenses
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incurred by any such person in advance of the final disposition of a proceeding, shall be made only
upon delivery to the Corporation of a written affirmation by such Director or officer of his or her
good faith belief that he or she has met the standard of conduct necessary for indemnification under
this Article V and a written undertaking, by or on behalf of such person, to repay all amounts so
advanced if it shall ultimately be determined that such indemnified person is not entitled to be
indemnified under this Article V or otherwise.
Section 3.Indemnification of Employees and Agents. The Corporation, by adoption of
a resolution of the Board or pursuant to an agreement approved by the Board, will indemnify and
advance expenses to an employee or agent of the Corporation to the same extent and subject to the
same conditions under which it may indemnify and advance expenses to Directors and officers
under this Article V; and the Corporation may indemnify and advance expenses to persons who are
not or were not Directors, officers, employees or agents of the Corporation but who are or were
serving at the request of the Corporation as a Director, officer, partner, venturer, proprietor, trustee,
employee, agent or similar functionary of another foreign or domestic corporation, partnership,
joint venture, sole proprietorship, trust, employee benefit plan or other enterprise against any
liability asserted against him or her and incurred by him or her in such a capacity or arising out of
his or her status as such a person to the same extent that it may indemnify and advance expenses
to Directors under this Article V.
Section 4.Appearance as a Witness. Notwithstanding any other provision of this
Article V, the Corporation may pay or reimburse expenses incurred by a Director or officer in
connection with his or her appearance as a witness or other participation in a proceeding involving
the Corporation or its business at a time when he or she is not a named defendant or respondent in
the proceeding.
Section 5.Non-exclusivity of Rights. The right to indemnification and the
advancement and payment of expenses conferred in this Article V shall not be exclusive of any
other right which a Director or officer or other person indemnified pursuant to Section 3 of this
Article V may have or hereafter acquire under any law (common or statutory), provision of the
Articles of Incorporation of the Corporation or these Bylaws, agreement, vote of shareholders or
disinterested Directors or otherwise.
Section 6.Insurance. The Corporation may purchase and maintain insurance, at its
expense, to protect itself and any person who is or was serving as a Director, officer, employee or
agent of the Corporation or is or was serving at the request of the Corporation as a Director, officer,
partner, venturer, proprietor, trustee, employee, agent or similar functionary of another foreign or
domestic corporation, partnership, joint venture, proprietorship, employee benefit plan, trust or
other enterprise against any expense, liability or loss, whether or not the Corporation would have
the power to indemnify such person against such expense, liability or loss under this Article V.
Section 7.Notification. Any indemnification of or advance of expenses to a Director
or officer in accordance with this Article V shall be reported in writing to the members of the
Board with or before the notice of the next regular meeting of the Board and, in any case, within
the 12-month period immediately following the date of the indemnification or advance.
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Section 8.Savings Clause. If this Article V or any portion hereof shall be invalidated
on any ground by any court of competent jurisdiction, then the Corporation shall nevertheless
indemnify and hold harmless each Director, officer or any other person indemnified pursuant to
this Article V as to costs, charges and expenses (including attorneys' fees), judgments, fines and
amounts paid in settlement with respect to any action, suit or proceeding, whether civil, criminal,
administrative or investigative, to the full extent permitted by any applicable portion of this Article
V that shall not have been invalidated and to the fullest extent permitted by applicable law.
ARTICLE VI
CODE OF CONDUCT
The members of the Board and the officers of the Corporation shall be subject to Chapter
XI of the Charter of the City titled “Code of Conduct”, as the same may now or hereafter be
amended, which establishes the minimum standards that officers and employees of the City must
meet to ethically fulfill the responsibilities of their positions.
ARTICLE VII
AMENDMENTS
A proposal to alter, amend, or repeal these Bylaws shall be made by the affirmative vote
of a majority of the full Board at any annual or regular meeting, or at any special meeting where
notice of the proposed amendment was contained in the notice of said special meeting. However,
any proposed change or amendment to the Bylaws must be approved by the City Council to be
effective.
ARTICLE VIII
CONFLICTS
In the event of a conflict between these Bylaws and the Articles of Incorporation, the
Articles of Incorporation shall control.
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING BYLAWS FOR THE COLONY HOTEL
DEVELOPMENT CORPORATION; 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, on December 15, 2020, the Board of Directors of The Colony Hotel
Development Corporation approved the Bylaws of The Colony Hotel Development Corporation,
a copy of which is attached hereto as Exhibit A; and
WHEREAS,Section 431.101 of the Texas Transportation Code provides the authority
for the City Council of the City of The Colony, Texas, to approve by resolution the Bylaws of The
Colony Hotel Development Corporation, a copy of which is attached hereto as Exhibit A; and
WHEREAS,the City Council of the City of The Colony, Texas, finds and determines
Bylaws of The Colony Hotel Development Corporation, a copy of which is attached hereto as
Exhibit A, will aid and act on behalf of the City of The Colony, Texas, to accomplish governmental
purposes of the City of The Colony, Texas; and
WHEREAS,the City Council of the City of The Colony, Texas, 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. Each and every one of the recitals, findings, and determinations contained in
the preamble to this Resolution are incorporated into the body of this Resolution as if fully set forth
herein and are hereby found and declared to be true and correct legislative findings and are adopted
as part of this Resolution for all purposes.
SECTION 2.The City Council hereby approves the Bylaws of The Colony Hotel
Development Corporation, a copy of which is attached hereto as Exhibit A, and is incorporated
herein for all purposes.
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SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto to any persons or circumstances, is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Resolution; and the City Council hereby declares it would have passed such remaining
portions of this Resolutiondespite such invalidity, which remaining portions shall remain in full force
and effect.
SECTION 4. This Resolution shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 5
th day of JANUARY, 2021.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Exhibit A
Bylaws
of
The Colony Hotel Development Corporation
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