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HomeMy WebLinkAbout2021 0720 CITY OF THE COLONY CITY COUNCIL AGENDA TUESDAY, JULY 20, 2021 6:30 PM TO ALL INTERESTED PERSONS Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony, Texas to be held at 6:30 PM on TUESDAY, JULY 20, 2021 at CITY HALL, 6800 MAIN ST., THE COLONY, TX, at which time the following items will be addressed: This meeting notice and agenda packet are posted online at www.thecolonytx.gov. If you wish to address the City Council in person, you can do so by attending the meeting at City Hall. If you wish to have comments added to the council minutes about issues on the Agenda, you may submit those comments to the City Secretary Office via email or on the city website. 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1.1 Call to Order 1.2 Invocation 1.3 Pledge of Allegiance to the United States Flag 1.4 Salute to the Texas Flag 1.5 Items of Community Interest 2.0 CITIZEN INPUT This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of thirty (30) minutes for items not posted on the current agenda. The council may not discuss these items, but may respond with factual data or policy information, or place the item on a future agenda. Those wishing to speak shall submit a Request Form to the City Secretary. 3.0 WORK SESSION The Work Session is for the purpose of exchanging information regarding public business or policy. No action is taken on Work Session items. Citizen input will not be heard during this portion of the agenda. 3.1 Receive a presentation from Communities In Schools of North Texas. (Perez) 3.2 Receive a presentation regarding the classification of Class 2 from the Insurance Service Office for The City of The Colony. (Thompson) 3.3 Council to provide direction to staff regarding future agenda items. (Council) REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 07/20/2021 Page - 2 4.0 CONSENT AGENDA The Consent Agenda contains items, which are routine in nature and will be acted upon in one motion. A Council member may remove items from this agenda for separate discussion. 4.1 Consider approving City Council Regular Session meeting minutes for July 6, 2021. (Stewart) 4.2 Consider approving a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the City of Lewisville concerning the installation of a traffic signal at the intersection of Memorial Drive, Standridge Drive and Lakeridge Drive. (Hartline) 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider an ordinance amending the TIRZ No. 2 Final Project and Financing Plan. (Shallenburger) 6.0 EXECUTIVE SESSION 6.1 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 regarding State Comptroller’s office and proposed 34 Texas Administrative Code Section 3.334 and related matters. 7.0 EXECUTIVE SESSION ACTION 7.1 Any action as a result of executive session regarding pending or contemplated litigation regarding State Comptroller’s office and proposed 34 Texas Administrative Code Section 3.334 and related matters. EXECUTIVE SESSION NOTICE Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the above items may be considered in executive session closed to the public, including but not limited to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of the attorney’s ethical duty to advise the city concerning legal issues arising from an agenda item. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. ADJOURNMENT Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as interpreters for persons who are deaf or hearing impaired, readers or, large print are requested to contact the City Secretary’s Office, at 972-624-3105 at least two (2) working days prior to the meeting so that appropriate arrangements can be made. Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: July 20, 2021 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Presentation Agenda Section: Subject: Receive a presentation from Communities In Schools of North Texas. (Perez) Suggested Action: The Mission of Communities In Schools of North Texas is to surround students with a community of support, empowering them to stay in school and achieve in life. Attachments: 4 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: July 20, 2021 Submitted by: Shannon Stephens Submitting Department: Fire Item Type: Discussion Agenda Section: Subject: Receive a presentation regarding the classification of Class 2 from the Insurance Service Office for The City of The Colony. (Thompson) Suggested Action: Attachments: ISO The Colony-Final Notification Class 1-8 Packet.pdf 5 INSURANCE SERVICES OFFICE, INC. 1000 Bishops Gate Blvd., Suite 300, Mt. Laurel, NJ 08054-5404 Phone: (800) 444-4554, option 2 May 1, 2021 Troy Powell, City Manager City of The Colony 6800 Main Street The Colony, TX 75056 tpowell@thecolonytx.gov RE: Public Protection Classification Results, The Colony, Denton County, TX Dear Mr. Powell, We wish to thank you and the other community officials for your cooperation during our recent Public Protection Classification (PPC) survey. ISO is the leading supplier of statistical, underwriting and actuarial information for the property/casualty insurance industry. Most insurers use the PPC classifications for underwriting and calculating premiums for residential, commercial and industrial properties. ISO has completed its analysis of the structure fire suppression delivery system provided in your community. We would like to report that ISO has recommended a classification of 02/2X to the Texas Department of Insurance/State Fire Marshal’s Office. Congratulations on this recognition of your commitment to serve the needs of your community’s property owners and residents. Please note that this classification is not effective until the official letter is received from the Texas Department of Insurance/State Fire Marshal’s Office listing the approved effective date. Enclosed is a summary of the ISO analysis of your fire suppression services. As a reminder, through ongoing research and loss experience analysis, we identified additional differentiation in fire loss experience within our PPC program, which resulted in the revised classifications. We based the differing fire loss experience on the fire suppression capabilities of each community. The new classifications will improve the predictive value for insurers while benefiting both commercial and residential property owners. We’ve published the new classifications as “X” and “Y” – formerly the “9” and “8B” portion of the split classification, respectively. For example: • A community currently graded as a split 6/9 classification will now be a split 6/6X classification; with the “6X” denoting what was formerly classified as “9.” • Similarly, a community currently graded as a split 6/8B classification will now be a split 6/6Y classification, the “6Y” denoting what was formerly classified as “8B.” • Communities graded with single “9” or “8B” classifications will remain intact. If you would like to know how your community’s classification could improve, or if you would like to learn about the potential effect of proposed changes to your fire suppression delivery system, please call the phone number listed below. The PPC program is not intended to analyze all aspects of a comprehensive structure fire suppression delivery system program. It is not for purposes of determining compliance with any state or local law, nor is it for making recommendations about loss prevention or life safety. 6 If you have any questions about your classification, please let us know. Sincerely, Public Protection Department Public Protection Department (800) 444-4554, Option 2 FAX: (800) 736-3289 ***.isomitigation.com Encl. cc w/encl: Scott Thompson, Fire Chief - sthompson@thecolonytx.gov Jimmy Arthur, Water Superintendent - jarthur@thecolonytx.gov Shannon Corbitt, Communications Supervisor - scorbitt@thecolonytx.gov 7 PPC is a registered trademark of Insurance Services Office, Inc. Public Protection Classification (PPC™) Summary Report The Colony Texas Prepared by Insurance Services Office, Inc. 1000 Bishop Gate Blvd, Suite 300 Mount Laurel, NJ 085054 1-800-444-4554 8 PPC is a registered trademark of Insurance Services Office, Inc. Page 1 Background Information Introduction ISO collects and evaluates information from communities in the United States on their structure fire suppression capabilities. The data is analyzed using our Fire Suppression Rating Schedule (FSRS) and then a Public Protection Classification (PPC™) grade is assigned to the community. The surveys are conducted whenever it appears that there is a possibility of a PPC change. As such, the PPC program provides important, up-to-date information about fire protection services throughout the country. The FSRS recognizes fire protection features only as they relate to suppression of first alarm structure fires. In many communities, fire suppression may be only a small part of the fire department's overall responsibility. ISO recognizes the dynamic and comprehensive duties of a community's fire service, and understands the complex decisions a community must make in planning and delivering emergency services. However, in developing a community’s PPC grade, only features related to reducing property losses from structural fires are evaluated. Multiple alarms, simultaneous incidents and life safety are not considered in this evaluation. The PPC program evaluates the fire protection for small to average size buildings. Specific properties with a Needed Fire Flow in excess of 3,500 gpm are evaluated separately and assigned an individual PPC grade. A community's investment in fire mitigation is a proven and reliable predictor of future fire losses. Statistical data on insurance losses bears out the relationship between excellent fire protection – as measured by the PPC program – and low fire losses. So, insurance companies use PPC information for marketing, underwriting, and to help establish fair premiums for homeowners and commercial fire insurance. In general, the price of fire insurance in a community with a good PPC grade is substantially lower than in a community with a poor PPC grade, assuming all other factors are equal. ISO is an independent company that serves insurance companies, communities, fire departments, insurance regulators, and others by providing information about risk. ISO's expert staff collects information about municipal fire suppression efforts in communities throughout the United States. In each of those communities, ISO analyzes the relevant data and assigns a PPC grade – a number from 1 to 10. Class 1 represents an exemplary fire suppression program, and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria. ISO's PPC program evaluates communities according to a uniform set of criteria, incorporating nationally recognized standards developed by the National Fire Protection Association and the American Water Works Association. A community's PPC grade depends on:  Needed Fire Flows, which are representative building locations used to determine the theoretical amount of water necessary for fire suppression purposes.  Emergency Communications, including emergency reporting, telecommunicators, and dispatching systems.  Fire Department, including equipment, staffing, training, geographic distribution of fire companies, operational considerations, and community risk reduction.  Water Supply, including inspection and flow testing of hydrants, alternative water supply operations, and a careful evaluation of the amount of available water compared with the amount needed to suppress fires up to 3,500 gpm. 9 PPC is a registered trademark of Insurance Services Office, Inc. Page 2 Data Collection and Analysis ISO has evaluated and classified over 48,000 fire protection areas across the United States using its FSRS. A combination of meetings between trained ISO field representatives and the dispatch center coordinator, community fire official, and water superintendent is used in conjunction with a comprehensive questionnaire to collect the data necessary to determine the PPC grade. In order for a community to obtain a grade better than a Class 9, three elements of fire suppression features are reviewed. These three elements are Emergency Communications, Fire Department, and Water Supply. A review of the Emergency Communications accounts for 10% of the total classification. This section is weighted at 10 points, as follows:  Emergency Reporting 3 points  Telecommunicators 4 points  Dispatch Circuits 3 points A review of the Fire Department accounts for 50% of the total classification. ISO focuses on a fire department's first alarm response and initial attack to minimize potential loss. The fire department section is weighted at 50 points, as follows:  Engine Companies 6 points  Reserve Pumpers 0.5 points  Pump Capacity 3 points  Ladder/Service Companies 4 points  Reserve Ladder/Service Trucks 0.5 points  Deployment Analysis 10 points  Company Personnel 15 points  Training (CT + CTT) 9 points  Operational considerations 2 points  Community Risk Reduction 5.5 points (in addition to the 50 points above)  Texas Addendum CAFS Credit 1 point (in addition to the 50 points above) A review of the Water Supply system accounts for 40% of the total classification. ISO reviews the water supply a community uses to determine the adequacy for fire suppression purposes. The water supply system is weighted at 40 points, as follows:  Credit for Supply System 30 points  Hydrant Size, Type & Installation 3 points  Inspection & Flow Testing of Hydrants 7 points 10 PPC is a registered trademark of Insurance Services Office, Inc. Page 3 There is one additional factor considered in calculating the final score – Divergence. Even the best fire department will be less than fully effective if it has an inadequate water supply. Similarly, even a superior water supply will be less than fully effective if the fire department lacks the equipment or personnel to use the water. The FSRS score is subject to modification by a divergence factor, which recognizes disparity between the effectiveness of the fire department and the water supply. The Divergence factor mathematically reduces the score based upon the relative difference between the fire department and water supply scores. The factor is introduced in the final equation. PPC Grade The PPC grade assigned to the community will depend on the community's score on a 100-point scale: PPC Points 1 90.00 or more 2 80.00 to 89.99 3 70.00 to 79.99 4 60.00 to 69.99 5 50.00 to 59.99 6 40.00 to 49.99 7 30.00 to 39.99 8 20.00 to 29.99 9 10.00 to 19.99 10 0.00 to 9.99 The classification numbers are interpreted as follows:  Class 1 through (and including) Class 8 represents a fire suppression system that includes an FSRS creditable dispatch center, fire department, and water supply.  Class 8B is a special classification that recognizes a superior level of fire protection in otherwise Class 9 areas. It is designed to represent a fire protection delivery system that is superior except for a lack of a water supply system capable of the minimum FSRS fire flow criteria of 250 gpm for 2 hours.  Class 9 is a fire suppression system that includes a creditable dispatch center, fire department but no FSRS creditable water supply.  Class 10 does not meet minimum FSRS criteria for recognition, including areas that are beyond five road miles of a recognized fire station. 11 PPC is a registered trademark of Insurance Services Office, Inc. Page 4 New PPC program changes effective July 1, 2015 for Texas We have revised the PPC program to capture the effects of enhanced fire protection capabilities that reduce fire loss and fire severity in Split Class 9 and Split Class 8B areas (as outlined below). This new structure benefits the fire service, community, and property owner. New classifications Through ongoing research and loss experience analysis, we identified additional differentiation in fire loss experience within our PPC program, which resulted in the revised classifications. We based the differing fire loss experience on the fire suppression capabilities of each community. The new PPC classes will improve the predictive value for insurers while benefiting both commercial and residential property owners. Here are the new classifications and what they mean. Split classifications When we develop a split classification for a community — for example 5/9 — the first number is the class that applies to properties within 5 road miles of the responding fire station and 1,000 feet of a creditable water supply, such as a fire hydrant, suction point, or dry hydrant. The second number is the class that applies to properties within 5 road miles of a fire station but beyond 1,000 feet of a creditable water supply. We have revised the classification to reflect more precisely the risk of loss in a community, replacing Class 9 and 8B in the second part of a split classification with revised designations. What’s changed with the new classifications? We’ve published the new classifications as “X” and “Y” — formerly the "9" and "8B" portion of the split classification, respectively. For example:  A community currently displayed as a split 6/9 classification will now be a split 6/6X classification; with the "6X" denoting what was formerly classified as "9".  Similarly, a community currently graded as a split 6/8B classification will now be a split 6/6Y classification, the "6Y" denoting what was formerly classified as "8B".  Communities graded with single “9” or “8B” classifications will remain intact. 12 PPC is a registered trademark of Insurance Services Office, Inc. Page 5 What’s changed? As you can see, we’re still maintaining split classes, but it’s how we represent them to insurers that’s changed. The new designations reflect a reduction in fire severity and loss and have the potential to reduce property insurance premiums. Benefits of the revised split class designations  To the fire service, the revised designations identify enhanced fire suppression capabilities used throughout the fire protection area  To the community, the new classes reward a community’s fire suppression efforts by showing a more reflective designation  To the individual property owner, the revisions offer the potential for decreased property insurance premiums New water class Our data also shows that risks located more than 5 but less than 7 road miles from a responding fire station with a creditable water source within 1,000 feet had better loss experience than those farther than 5 road miles from a responding fire station with no creditable water source. We’ve introduced a new classification —10W — to recognize the reduced loss potential of such properties. What’s changed with Class 10W? Class 10W is property-specific. Not all properties in the 5-to-7-mile area around the responding fire station will qualify. The difference between Class 10 and 10W is that the 10W-graded risk or property is within 1,000 feet of a creditable water supply. Creditable water supplies include fire protection systems using hauled water in any of the split classification areas. What’s the benefit of Class 10W? 10W gives credit to risks within 5 to 7 road miles of the responding fire station and within 1,000 feet of a creditable water supply. That’s reflective of the potential for reduced property insurance premiums. What does the fire chief have to do? Fire chiefs don’t have to do anything at all. The revised classifications went in place automatically effective July 1, 2015. What if I have additional questions? Feel free to contact ISO at 800.444.4554 or email us at PPC-Cust-Serv@iso.com. 13 PPC is a registered trademark of Insurance Services Office, Inc. Page 6 Distribution of PPC Grades The 2018 published countrywide distribution of communities by the PPC grade is as follows: The 2018 published statewide distribution of communities by the Public Protection Classification number is as follows: 14 PPC is a registered trademark of Insurance Services Office, Inc. Page 7 Assistance The PPC program offers help to communities, fire departments, and other public officials as they plan for, budget, and justify improvements. ISO is also available to assist in the understanding of the details of this evaluation. The PPC program representatives can be reached by telephone at (800) 444-4554. The technical specialists at this telephone number have access to the details of this evaluation and can effectively speak with you about your questions regarding the PPC program. What's more, we can be reached via the internet at www.isomitigation.com/talk/. We also have a website dedicated to our Community Hazard Mitigation Classification programs at www.isomitigation.com. Here, fire chiefs, building code officials, community leaders and other interested citizens can access a wealth of data describing the criteria used in evaluating how cities and towns are protecting residents from fire and other natural hazards. This website will allow you to learn more about the PPC program. The website provides important background information, insights about the PPC grading processes and technical documents. ISO is also pleased to offer Fire Chiefs Online — a special, secured website with information and features that can help improve your PPC grade, including a list of the Needed Fire Flows for all the commercial occupancies ISO has on file for your community. Visitors to the site can download information, see statistical results and also contact ISO for assistance. In addition, on-line access to the FSRS and its commentaries is available to registered customers for a fee. However, fire chiefs and community chief administrative officials are given access privileges to this information without charge. To become a registered fire chief or community chief administrative official, register at ***.isomitigation.com. PPC Review ISO concluded its review of the fire suppression features being provided for The Colony. The resulting community classification is Class 02/2X. If the classification is a single class, the classification applies to properties with a Needed Fire Flow of 3,500 gpm or less in the community. If the classification is a split class (e.g., 6/XX):  The first class (e.g., “6” in a 6/XX) applies to properties within 5 road miles of a recognized fire station and within 1,000 feet of a fire hydrant or alternate water supply.  The second class (XX or XY) applies to properties beyond 1,000 feet of a fire hydrant but within 5 road miles of a recognized fire station.  Alternative Water Supply: The first class (e.g., “6” in a 6/10) applies to properties within 5 road miles of a recognized fire station with no hydrant distance requirement.  Class 10 applies to properties over 5 road miles of a recognized fire station.  Class 10W applies to properties within 5 to 7 road miles of a recognized fire station with a recognized water supply within 1,000 feet.  Specific properties with a Needed Fire Flow in excess of 3,500 gpm are evaluated separately and assigned an individual classification. 15 PPC is a registered trademark of Insurance Services Office, Inc. Page 8 FSRS Feature Earned Credit Credit Available Emergency Communications 414. Credit for Emergency Reporting 3.00 3 422. Credit for Telecommunicators 3.20 4 432. Credit for Dispatch Circuits 2.25 3 440. Credit for Emergency Communications 8.45 10 Fire Department 513. Credit for Engine Companies 5.73 6 523. Credit for Reserve Pumpers 0.48 0.50 532. Credit for Pump Capacity 3.00 3 549. Credit for Ladder Service 1.41 4 553. Credit for Reserve Ladder and Service Trucks 0.00 0.50 561. Credit for Deployment Analysis 8.55 10 571. Credit for Company Personnel 7.50 15 581. Credit for Training 580A. Credit for Texas State Training *Note: Maximum value for 581 + 580A = 9 points 730. Credit for Operational Considerations 5.87 3.13 2.00 9 3.26* 2 590. Credit for Fire Department 37.67 50 Water Supply 616. Credit for Supply System 28.93 30 621. Credit for Hydrants 3.00 3 631. Credit for Inspection and Flow Testing 6.20 7 640. Credit for Water Supply 38.13 40 Divergence 1050. Community Risk Reduction Texas Addendum Credit- CAFS -4.00 3.56 0.00 -- 5.50 1 Total Credit 83.81 106.50 16 PPC is a registered trademark of Insurance Services Office, Inc. Page 9 Emergency Communications Ten percent of a community's overall score is based on how well the communications center receives and dispatches fire alarms. Our field representative evaluated: • Communications facilities provided for the general public to report structure fires • Enhanced 9-1-1 Telephone Service including wireless • Computer-aided dispatch (CAD) facilities • Alarm receipt and processing at the communication center • Training and certification of telecommunicators • Facilities used to dispatch fire department companies to reported structure fires Earned Credit Credit Available 414. Credit Emergency Reporting 3.00 3 422. Credit for Telecommunicators 3.20 4 432. Credit for Dispatch Circuits 2.25 3 Item 440. Credit for Emergency Communications: 8.45 10 Item 414 - Credit for Emergency Reporting (3 points) The first item reviewed is Item 414 "Credit for Emergency Reporting (CER)". This item reviews the emergency communication center facilities provided for the public to report fires including 911 systems (Basic or Enhanced), Wireless Phase I and Phase II, Voice over Internet Protocol, Computer Aided Dispatch and Geographic Information Systems for automatic vehicle location. ISO uses National Fire Protection Association (NFPA) 1221, Standard for the Installation, Maintenance and Use of Emergency Services Communications Systems as the reference for this section. 17 PPC is a registered trademark of Insurance Services Office, Inc. Page 10 Item 410. Emergency Reporting (CER) Earned Credit Credit Available A./B. Basic 9-1-1, Enhanced 9-1-1 or No 9-1-1 20.00 20 For maximum credit, there should be an Enhanced 9-1-1 system, Basic 9-1-1 and No 9-1-1 will receive partial credit. 1. E9-1-1 Wireless 25.00 25 Wireless Phase I using Static ALI (automatic location identification) Functionality (10 points); Wireless Phase II using Dynamic ALI Functionality (15 points); Both available will be 25 points 2. E9-1-1 Voice over Internet Protocol (VoIP) 25.00 25 Static VoIP using Static ALI Functionality (10 points); Nomadic VoIP using Dynamic ALI Functionality (15 points); Both available will be 25 points 3. Computer Aided Dispatch 15.00 15 Basic CAD (5 points); CAD with Management Information System (5 points); CAD with Interoperability (5 points) 4. Geographic Information System (GIS/AVL) The PSAP uses a fully integrated CAD/GIS management system with automatic vehicle location (AVL) integrated with a CAD system providing dispatch assignments. 15.00 15 Review of Emergency Reporting total: 100.00 100 Item 422- Credit for Telecommunicators (4 points) The second item reviewed is Item 422 “Credit for Telecommunicators (TC)”. This item reviews the number of Telecommunicators on duty at the center to handle fire calls and other emergencies. All emergency calls including those calls that do not require fire department action are reviewed to determine the proper staffing to answer emergency calls and dispatch the appropriate emergency response. NFPA 1221, Standard for the Installation, Maintenance and Use of Emergency Services Communications Systems, recommends that ninety-five percent of emergency calls shall be answered within 15 seconds and ninety-nine percent of emergency calls shall be answered within 40 seconds. In addition, NFPA recommends that eighty percent of emergency alarm processing shall be completed within 60 seconds and ninety-five percent of alarm processing shall be completed within 106 seconds of answering the call. 18 PPC is a registered trademark of Insurance Services Office, Inc. Page 11 To receive full credit for operators on duty, ISO must review documentation to show that the communication center meets NFPA 1221 call answering and dispatch time performance measurement standards. This documentation may be in the form of performance statistics or other performance measurements compiled by the 9-1-1 software or other software programs that are currently in use such as Computer Aided Dispatch (CAD) or Management Information System (MIS). Item 420. Telecommunicators (CTC) Earned Credit Credit Available A1. Alarm Receipt (AR) 20.00 20 Receipt of alarms shall meet the requirements in accordance with the criteria of NFPA 1221 A2. Alarm Processing (AP) 20.00 20 Processing of alarms shall meet the requirements in accordance with the criteria of NFPA 1221 B. Emergency Dispatch Protocols (EDP) 0.00 20 Telecommunicators have emergency dispatch protocols (EDP) containing questions and a decision- support process to facilitate correct call categorization and prioritization. C. Telecommunicator Training and Certification (TTC) 20.00 20 Telecommunicators meet the qualification requirements referenced in NFPA 1061, Standard for Professional Qualifications for Public Safety Telecommunicator, and/or the Association of Public- Safety Communications Officials - International (APCO) Project 33. Telecommunicators are certified in the knowledge, skills, and abilities corresponding to their job functions. D. Telecommunicator Continuing Education and Quality Assurance (TQA) Telecommunicators participate in continuing education and/or in-service training and quality-assurance programs as appropriate for their positions 20.00 20 Review of Telecommunicators total: 80.00 100 19 PPC is a registered trademark of Insurance Services Office, Inc. Page 12 Item 432 - Credit for Dispatch Circuits (3 points) The third item reviewed is Item 432 “Credit for Dispatch Circuits (CDC)”. This item reviews the dispatch circuit facilities used to transmit alarms to fire department members. A “Dispatch Circuit” is defined in NFPA 1221 as “A circuit over which an alarm is transmitted from the communications center to an emergency response facility (ERF) or emergency response units (ERUs) to notify ERUs to respond to an emergency”. All fire departments (except single fire station departments with full-time firefighter personnel receiving alarms directly at the fire station) need adequate means of notifying all firefighter personnel of the location of reported structure fires. The dispatch circuit facilities should be in accordance with the general criteria of NFPA 1221. “Alarms” are defined in this Standard as “A signal or message from a person or device indicating the existence of an emergency or other situation that requires action by an emergency response agency”. There are two different levels of dispatch circuit facilities provided for in the Standard – a primary dispatch circuit and a secondary dispatch circuit. In jurisdictions that receive 730 alarms or more per year (average of two alarms per 24-hour period), two separate and dedicated dispatch circuits, a primary and a secondary, are needed. In jurisdictions receiving fewer than 730 alarms per year, a second dedicated dispatch circuit is not needed. Dispatch circuit facilities installed but not used or tested (in accordance with the NFPA Standard) receive no credit. The score for Credit for Dispatch Circuits (CDC) is influenced by monitoring for integrity of the primary dispatch circuit. There are up to 0.90 points available for this Item. Monitoring for integrity involves installing automatic systems that will detect faults and failures and send visual and audible indications to appropriate communications center (or dispatch center) personnel. ISO uses NFPA 1221 to guide the evaluation of this item. ISO's evaluation also includes a review of the communication system's emergency power supplies. Item 432 “Credit for Dispatch Circuits (CDC)” = 2.25 points 20 PPC is a registered trademark of Insurance Services Office, Inc. Page 13 Fire Department Fifty percent of a community's overall score is based upon the fire department's structure fire suppression system. ISO's field representative evaluated:  Engine and ladder/service vehicles including reserve apparatus  Equipment carried  Response to reported structure fires  Deployment analysis of companies  Available and/or responding firefighters  Training Earned Credit Credit Available 513. Credit for Engine Companies 5.73 6 523. Credit for Reserve Pumpers 0.48 0.5 532. Credit for Pumper Capacity 3.00 3 549. Credit for Ladder Service 1.41 4 553. Credit for Reserve Ladder and Service Trucks 0.00 0.5 561. Credit for Deployment Analysis 8.55 10 571. Credit for Company Personnel 7.50 15 581. Credit for Training 5.87 9 580A. Supplemental Credit for Texas State Training 3.13 3.26* *Note: Maximum value for CT + CTT = 9 points - - 730. Credit for Operational Considerations 2.00 2 Item 590. Credit for Fire Department: 37.67 50 Basic Fire Flow The Basic Fire Flow for the community is determined by the review of the Needed Fire Flows for selected buildings in the community. The fifth largest Needed Fire Flow is determined to be the Basic Fire Flow. The Basic Fire Flow has been determined to be 3000 gpm. 21 PPC is a registered trademark of Insurance Services Office, Inc. Page 14 Item 513 - Credit for Engine Companies (6 points) The first item reviewed is Item 513 "Credit for Engine Companies (CEC)". This item reviews the number of engine companies, their pump capacity, hose testing, pump testing and the equipment carried on the in-service pumpers. To be recognized, pumper apparatus must meet the general criteria of NFPA 1901, Standard for Automotive Fire Apparatus which include a minimum 250 gpm pump, an emergency warning system, a 300 gallon water tank, and hose. At least 1 apparatus must have a permanently mounted pump rated at 750 gpm or more at 150 psi. The review of the number of needed pumpers considers the response distance to built-upon areas; the Basic Fire Flow; and the method of operation. Multiple alarms, simultaneous incidents, and life safety are not considered. The greatest value of A, B, or C below is needed in the fire district to suppress fires in structures with a Needed Fire Flow of 3,500 gpm or less: 4 engine companies a) 4 engine companies to provide fire suppression services to areas to meet NFPA 1710 criteria or within 1½ miles. b) 3 engine companies to support a Basic Fire Flow of 3000 gpm. c) 4 engine companies based upon the fire department’s method of operation to provide a minimum two engine response to all first alarm structure fires. The FSRS recognizes that there are 4 engine companies in service. The FSRS also reviews Automatic Aid. Automatic Aid is considered in the review as assistance dispatched automatically by contractual agreement between two communities or fire districts. That differs from mutual aid or assistance arranged case by case. ISO will recognize an Automatic Aid plan under the following conditions:  It must be prearranged for first alarm response according to a definite plan. It is preferable to have a written agreement, but ISO may recognize demonstrated performance.  The aid must be dispatched to all reported structure fires on the initial alarm.  The aid must be provided 24 hours a day, 365 days a year. FSRS Item 512.D "Automatic Aid Engine Companies" responding on first alarm and meeting the needs of the city for basic fire flow and/or distribution of companies are factored based upon the value of the Automatic Aid plan (up to 1.00 can be used as the factor). The Automatic Aid factor is determined by a review of the Automatic Aid provider’s communication facilities, how they receive alarms from the graded area, inter-department training between fire departments, and the fire ground communications capability between departments. For each engine company, the credited Pump Capacity (PC), the Hose Carried (HC), the Equipment Carried (EC) all contribute to the calculation for the percent of credit the FSRS provides to that engine company. Item 513 “Credit for Engine Companies (CEC)” = 5.73 points 22 PPC is a registered trademark of Insurance Services Office, Inc. Page 15 Item 523 - Credit for Reserve Pumpers (0.50 points) The item is Item 523 “Credit for Reserve Pumpers (CRP)”. This item reviews the number and adequacy of the pumpers and their equipment. The number of needed reserve pumpers is 1 for each 8 needed engine companies determined in Item 513, or any fraction thereof. Item 523 “Credit for Reserve Pumpers (CRP)” = 0.48 points Item 532 – Credit for Pumper Capacity (3 points) The next item reviewed is Item 532 “Credit for Pumper Capacity (CPC)”. The total pump capacity available should be sufficient for the Basic Fire Flow of 3000 gpm. The maximum needed pump capacity credited is the Basic Fire Flow of the community. Item 532 “Credit for Pumper Capacity (CPC)” = 3.00 points Item 549 – Credit for Ladder Service (4 points) The next item reviewed is Item 549 “Credit for Ladder Service (CLS)”. This item reviews the number of response areas within the city with 5 buildings that are 3 or more stories or 35 feet or more in height, or with 5 buildings that have a Needed Fire Flow greater than 3,500 gpm, or any combination of these criteria. The height of all buildings in the city, including those protected by automatic sprinklers, is considered when determining the number of needed ladder companies. Response areas not needing a ladder company should have a service company. Ladders, tools and equipment normally carried on ladder trucks are needed not only for ladder operations but also for forcible entry, ventilation, salvage, overhaul, lighting and utility control. The number of ladder or service companies, the height of the aerial ladder, aerial ladder testing and the equipment carried on the in-service ladder trucks and service trucks is compared with the number of needed ladder trucks and service trucks and an FSRS equipment list. Ladder trucks must meet the general criteria of NFPA 1901, Standard for Automotive Fire Apparatus to be recognized. The number of needed ladder-service trucks is dependent upon the number of buildings 3 stories or 35 feet or more in height, buildings with a Needed Fire Flow greater than 3,500 gpm, and the method of operation. The FSRS recognizes that there are 1 ladder companies in service. These companies are needed to provide fire suppression services to areas to meet NFPA 1710 criteria or within 2½ miles and the number of buildings with a Needed Fire Flow over 3,500 gpm or 3 stories or more in height, or the method of operation. The FSRS recognizes that there are 1 service companies in service. Item 549 “Credit for Ladder Service (CLS)” = 1.41 points 23 PPC is a registered trademark of Insurance Services Office, Inc. Page 16 Item 553 – Credit for Reserve Ladder and Service Trucks (0.50 points) The next item reviewed is Item 553 “Credit for Reserve Ladder and Service Trucks (CRLS)”. This item considers the adequacy of ladder and service apparatus when one (or more in larger communities) of these apparatus are out of service. The number of needed reserve ladder and service trucks is 1 for each 8 needed ladder and service companies that were determined to be needed in Item 540, or any fraction thereof. Item 553 “Credit for Reserve Ladder and Service Trucks (CRLS)” = 0.00 points Item 561 – Deployment Analysis (10 points) Next, Item 561 “Deployment Analysis (DA)” is reviewed. This Item examines the number and adequacy of existing engine and ladder-service companies to cover built-upon areas of the city. To determine the Credit for Distribution, first the Existing Engine Company (EC) points and the Existing Engine Companies (EE) determined in Item 513 are considered along with Ladder Company Equipment (LCE) points, Service Company Equipment (SCE) points, Engine-Ladder Company Equipment (ELCE) points, and Engine-Service Company Equipment (ESCE) points determined in Item 549. Secondly, as an alternative to determining the number of needed engine and ladder/service companies through the road-mile analysis, a fire protection area may use the results of a systematic performance evaluation. This type of evaluation analyzes computer-aided dispatch (CAD) history to demonstrate that, with its current deployment of companies, the fire department meets the time constraints for initial arriving engine and initial full alarm assignment in accordance with the general criteria of in NFPA 1710, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments. A determination is made of the percentage of built upon area within 1½ miles of a first-due engine company and within 2½ miles of a first-due ladder-service company. Item 561 “Credit Deployment Analysis (DA)” = 8.55 points 24 PPC is a registered trademark of Insurance Services Office, Inc. Page 17 Item 571 – Credit for Company Personnel (15 points) Item 571 “Credit for Company Personnel (CCP)” reviews the average number of existing firefighters and company officers available to respond to reported first alarm structure fires in the city. The on-duty strength is determined by the yearly average of total firefighters and company officers on-duty considering vacations, sick leave, holidays, “Kelley” days and other absences. When a fire department operates under a minimum staffing policy, this may be used in lieu of determining the yearly average of on-duty company personnel. Firefighters on apparatus not credited under Items 513 and 549 that regularly respond to reported first alarms to aid engine, ladder, and service companies are included in this item as increasing the total company strength. Firefighters staffing ambulances or other units serving the general public are credited if they participate in fire-fighting operations, the number depending upon the extent to which they are available and are used for response to first alarms of fire. On-Call members are credited on the basis of the average number staffing apparatus on first alarms. Off-shift career firefighters and company officers responding on first alarms are considered on the same basis as on-call personnel. For personnel not normally at the fire station, the number of responding firefighters and company officers is divided by 3 to reflect the time needed to assemble at the fire scene and the reduced ability to act as a team due to the various arrival times at the fire location when compared to the personnel on-duty at the fire station during the receipt of an alarm. The number of Public Safety Officers who are positioned in emergency vehicles within the jurisdiction boundaries may be credited based on availability to respond to first alarm structure fires. In recognition of this increased response capability the number of responding Public Safety Officers is divided by 2. The average number of firefighters and company officers responding with those companies credited as Automatic Aid under Items 513 and 549 are considered for either on-duty or on-call company personnel as is appropriate. The actual number is calculated as the average number of company personnel responding multiplied by the value of AA Plan determined in Item 512.D. The maximum creditable response of on-duty and on-call firefighters is 12, including company officers, for each existing engine and ladder company and 6 for each existing service company. Chief Officers are not creditable except when more than one chief officer responds to alarms; then extra chief officers may be credited as firefighters if they perform company duties. The FSRS recognizes 16.50 on-duty personnel and an average of 0.00 on-call personnel responding on first alarm structure fires. Item 571 “Credit for Company Personnel (CCP)” = 7.50 points Item 581 – Credit for Training (9 points) 25 PPC is a registered trademark of Insurance Services Office, Inc. Page 18 Training Earned Credit Credit Available A. Facilities, and Use 8.00 35 For maximum credit, each firefighter should receive 18 hours per month in structure fire related subjects as outlined in NFPA 1001. B. Company Training 25.00 25 For maximum credit, each firefighter should receive 16 hours per month in structure fire related subjects as outlined in NFPA 1001. C. Classes for Officers 9.79 12 For maximum credit, each officer should be certified in accordance with the general criteria of NFPA 1021. Additionally, each officer should receive 12 hours of continuing education on or off site. D. New Driver and Operator Training 5.00 5 For maximum credit, each new driver and operator should receive 60 hours of driver/operator training per year in accordance with NFPA 1002 and NFPA 1451. E. Existing Driver and Operator Training For maximum credit, each existing driver and operator should receive 12 hours of driver/operator training per year in accordance with NFPA 1002 and NFPA 1451. 5.00 5 F. Training on Hazardous Materials For maximum credit, each firefighter should receive 6 hours of training for incidents involving hazardous materials in accordance with NFPA 472. 0.00 1 G. Recruit Training 5.00 5 For maximum credit, each firefighter should receive 240 hours of structure fire related training in accordance with NFPA 1001 within the first year of employment or tenure. H. Pre-Fire Planning Inspections For maximum credit, pre-fire planning inspections of each commercial, industrial, institutional, and other similar type building (all buildings except 1-4 family dwellings) should be made annually by company members. Records of inspections should include up-to date notes and sketches. 7.47 12 Item 580 “Credit for Training (CT)” = 5.87 points Item 580A – Supplemental Credit for Texas State Training (3.26 points*) 26 PPC is a registered trademark of Insurance Services Office, Inc. Page 19 This item provides specific recognition for fire department training conducted by the State Firemen's and Fire Marshal's Association, Texas A & M University, and the Texas Commission on Fire Protection. Item 580 applies only to local training activities. CTT= CERT + FTS / TOTAL # IN FIRE DEPT X 3.26 CERT = Total number of volunteers certified through either: The State Firemen's and Fire Marshals' Association of Texas as basic, intermediate, or advanced firefighter (this excludes the introductory certification) OR The Texas Commission on Fire Protection as a volunteer firefighter. FTS = Total number of firefighters in attendance of a prevention or suppression course at Firemen's Training School at Texas A & M University within the last 3 years. TOTAL # IN FIRE DEPT. = Total number of firefighters (paid and/or volunteer) in the fire department. *Note: The maximum value for CT + CTT = 9 points Item 580A “Supplemental Credit for Texas State Training (CTT)” = 3.13 points Item 730 – Operational Considerations (2 points) Item 730 “Credit for Operational Considerations (COC)” evaluates fire department standard operating procedures and incident management systems for emergency operations involving structure fires. Operational Considerations Earned Credit Credit Available Standard Operating Procedures 50 50 The department should have established SOPs for fire department general emergency operations Incident Management Systems 50 50 The department should use an established incident management system (IMS) Operational Considerations total: 100 100 Item 730 “Credit for Operational Considerations (COC)” = 2.00 points Water Supply 27 PPC is a registered trademark of Insurance Services Office, Inc. Page 20 Forty percent of a community's overall score is based on the adequacy of the water supply system. The ISO field representative evaluated:  the capability of the water distribution system to meet the Needed Fire Flows at selected locations up to 3,500 gpm.  size, type and installation of fire hydrants.  inspection and flow testing of fire hydrants. Earned Credit Credit Available 616. Credit for Supply System 28.93 30 621. Credit for Hydrants 3.00 3 631. Credit for Inspection and Flow Testing 6.20 7 Item 640. Credit for Water Supply: 38.13 40 Item 616 – Credit for Supply System (30 points) The first item reviewed is Item 616 “Credit for Supply System (CSS)”. This item reviews the rate of flow that can be credited at each of the Needed Fire Flow test locations considering the supply works capacity, the main capacity and the hydrant distribution. The lowest flow rate of these items is credited for each representative location. A water system capable of delivering 250 gpm or more for a period of two hours plus consumption at the maximum daily rate at the fire location is considered minimum in the ISO review. Where there are 2 or more systems or services distributing water at the same location, credit is given on the basis of the joint protection provided by all systems and services available. The supply works capacity is calculated for each representative Needed Fire Flow test location, considering a variety of water supply sources. These include public water supplies, emergency supplies (usually accessed from neighboring water systems), suction supplies (usually evidenced by dry hydrant installations near a river, lake or other body of water), and supplies developed by a fire department using large diameter hose or vehicles to shuttle water from a source of supply to a fire site. The result is expressed in gallons per minute (gpm). The normal ability of the distribution system to deliver Needed Fire Flows at the selected building locations is reviewed. The results of a flow test at a representative test location will indicate the ability of the water mains (or fire department in the case of fire department supplies) to carry water to that location. The hydrant distribution is reviewed within 1,000 feet of representative test locations measured as hose can be laid by apparatus. For maximum credit, the Needed Fire Flows should be available at each location in the district. Needed Fire Flows of 2,500 gpm or less should be available for 2 hours; and Needed Fire Flows of 3,000 and 3,500 gpm should be obtainable for 3 hours. Item 616 “Credit for Supply System (CSS)” = 28.93 points Item 621 – Credit for Hydrants (3 points) 28 PPC is a registered trademark of Insurance Services Office, Inc. Page 21 The second item reviewed is Item 621 “Credit for Hydrants (CH)”. This item reviews the number of fire hydrants of each type compared with the total number of hydrants. There are a total of 1852 hydrants in the graded area. 620. Hydrants, - Size, Type and Installation Number of Hydrants A. With a 6 -inch or larger branch and a pumper outlet with or without 2½ - inch outlets 1850 B. With a 6 -inch or larger branch and no pumper outlet but two or more 2½ -inch outlets, or with a small foot valve, or with a small barrel 0 C./D. With only a 2½ -inch outlet or with less than a 6 -inch branch 2 E./F. Flush Type, Cistern, or Suction Point 0 Item 621 “Credit for Hydrants (CH)” = 3.00 points Item 630 – Credit for Inspection and Flow Testing (7 points) The third item reviewed is Item 630 “Credit for Inspection and Flow Testing (CIT)”. This item reviews the fire hydrant inspection frequency, and the completeness of the inspections. Inspection of hydrants should be in accordance with AWWA M-17, Installation, Field Testing and Maintenance of Fire Hydrants. Frequency of Inspection (FI): Average interval between the 3 most recent inspections. Frequency Points 1 year 30 2 years 20 3 years 10 4 years 5 5 years or more No Credit Note: The points for inspection frequency are reduced by 10 points if the inspections are incomplete or do not include a flushing program. An additional reduction of 10 points are made if hydrants are not subjected to full system pressure during inspections. If the inspection of cisterns or suction points does not include actual drafting with a pumper, or back-flushing for dry hydrants, 20 points are deducted. Total points for Inspections = 3.20 points Frequency of Fire Flow Testing (FF): Average interval between the 3 most recent inspections. 29 PPC is a registered trademark of Insurance Services Office, Inc. Page 22 Frequency Points 5 years 40 6 years 30 7 years 20 8 years 10 9 years 5 10 years or more No Credit Total points for Fire Flow Testing = 3.00 points Item 631 “Credit for Inspection and Fire Flow Testing (CIT)” = 6.20 points Divergence = -4.00 The Divergence factor mathematically reduces the score based upon the relative difference between the fire department and water supply scores. The factor is introduced in the final equation. Texas Addendum Credit (1.00 points) Compressed Air Foam System, when carried and used in the extinguishment of all structure fires. “Texas Addendum Credit (CTX)” = 0.00 Community Risk Reduction Earned Credit Credit Available 1025. Credit for Fire Prevention and Code Enforcement (CPCE) 1.50 2.2 1033. Credit for Public Fire Safety Education (CFSE) 1.12 2.2 1044. Credit for Fire Investigation Programs (CIP) 0.94 1.1 Item 1050. Credit for Community Risk Reduction 3.56 5.50 30 PPC is a registered trademark of Insurance Services Office, Inc. Page 23 Item 1025 – Credit for Fire Prevention Code Adoption and Enforcement (2.2 points) Earned Credit Credit Available Fire Prevention Code Regulations (PCR) 2.76 10 Evaluation of fire prevention code regulations in effect. Fire Prevention Staffing (PS) 4.00 8 Evaluation of staffing for fire prevention activities. Fire Prevention Certification and Training (PCT) 6.00 6 Evaluation of the certification and training of fire prevention code enforcement personnel. Fire Prevention Programs (PCP) 14.45 16 Evaluation of fire prevention programs. Review of Fire Prevention Code and Enforcement (CPCE) subtotal: 27.21 40 Item 1033 – Credit for Public Fire Safety Education (2.2 points) Earned Credit Credit Available Public Fire Safety Educators Qualifications and Training (FSQT) 5.00 10 Evaluation of public fire safety education personnel training and qualification as specified by the authority having jurisdiction. Public Fire Safety Education Programs (FSP) 15.40 30 Evaluation of programs for public fire safety education. Review of Public Safety Education Programs (CFSE) subtotal: 20.40 40 Item 1044 – Credit for Fire Investigation Programs (1.1 points) Earned Credit Credit Available Fire Investigation Organization and Staffing (IOS) 8.00 8 Evaluation of organization and staffing for fire investigations. Fire Investigator Certification and Training (IQT) 3.00 6 Evaluation of fire investigator certification and training. Use of National Fire Incident Reporting System (IRS) 6.00 6 Evaluation of the use of the National Fire Incident Reporting System (NFIRS) for the 3 years before the evaluation. Review of Fire Prevention Code and Enforcement (CPCE) subtotal: 17.00 20 31 PPC is a registered trademark of Insurance Services Office, Inc. Page 24 Summary of PPC Review for The Colony FSRS Item Earned Credit Credit Available Emergency Communications 414. Credit for Emergency Reporting 3.00 3 422. Credit for Telecommunicators 3.20 4 432. Credit for Dispatch Circuits 2.25 3 440. Credit for Emergency Communications 8.45 10 Fire Department 513. Credit for Engine Companies 5.73 6 523. Credit for Reserve Pumpers 0.48 0.5 532. Credit for Pumper Capacity 3.00 3 549. Credit for Ladder Service 1.41 4 553. Credit for Reserve Ladder and Service Trucks 0.00 0.5 561. Credit for Deployment Analysis 8.55 10 571. Credit for Company Personnel 7.50 15 581. Credit for Training 580A. Credit for Texas State Training *Note: Maximum value for 581 + 580A = 9 points 730. Credit for Operational Considerations 5.87 3.13 2.00 9 3.26* 2 590. Credit for Fire Department 37.67 50 Water Supply 616. Credit for Supply System 28.93 30 621. Credit for Hydrants 3.00 3 631. Credit for Inspection and Flow Testing 6.20 7 640. Credit for Water Supply 38.13 40 Divergence 1050. Community Risk Reduction Texas Addendum Credit- CAFS -4.00 3.56 0.00 -- 5.50 1 Total Credit 83.81 106.5 Final Community Classification = 02/2X 32 Community:County: Evaluator:Date: Training (CTT):3.13 Population: Texas Exceptions (CTX):0 BFF:3,000 The following CTX criteria pertaining to the CAFS applies specifically to the State of Texas. TX-A: Compressed Air Foam Systems (CAFS)1.0 (Maximum Credit) CAFS:0.00 Item 580 J: Supplemental Credit for Training (CTT)3.26 (Maximum Credit) CERT:61 FTS:2 Total # in Fire Dept:61 83.81 Note:Maxiumum value of CT + CTT = 9.00 CEC:5.73 CLS:1.41 CCP:7.50 CRP:0.48 CRLS:0.00 CTC:5.87 CPC:3.00 CD:8.55 COC:2.00 CTT:3.13 Insu rance Services Office, Inc. Texas State Exceptions **** Texas Exceptions **** The Colony Eaves, David Texas(Denton), 11/16/2020 1000 Bishops Gate Blvd, Suite 300 Mount Laurel, NJ 08054 Phone: (800) 444-4554 FAX: (800) 736-3289 CEC + CRP + CPC + CLS + CRLS + CDA + CCP + CT + COC + CTT = CFD: X 3.26 CTT:3.13 **** Item 590 Credit for Fire Department **** 34,000 33 Note:Fire Pump has a minimum of 750 gpm SCFM Air Compressor has a minimum of 120 SCFM permanently mounted Class A Foam Pump concentrat has a minimum of 2.5 gpm Class A Foam Tank capacity has a minimum of 20 gallons Appartus Type Fire Pump SCFM Air Compressor Class A Foam Pump Class A Foam Tank Will at least one of the apparatus listed below be equipped with the CAFS Unit respond on all structure fires on first alarm assignment? GRADING SUMMARY TEXAS STATE EXCEPTIONS TO THE FSRS Compressed Air Foam System (CAFS) No 34 Community:State: County:Population: Field Rep:Survey Date: Equipment Credit:84 Class:02/2X 3,320 Total number of alarms 2019 Year the alarms were reported Records for fire calls:1 Date 1 Location of fires 1 Time 2 Number of responding members 1 Meetings 2 Training Sessions 1 Maintenance of apparatus and equipment Records of rosters include:1 Current roster of fire department members Total Points:10 Organization: TRUE TRUE TRUE TRUE Distribution: TRUE Membership: TRUE Training: TRUE Alarm Notification: TRUE Protective Clothing: TRUE Housing: TRUE so that it will be protected from the weather? Records of meetings and training: Records of maintenance: The Colony TEXAS(Denton), TEXAS 34000 11/16/2020 Records Is the apparatus hosued (in a heated building, where necessary) legal contract or resolution? fire protection area? all fire alarms for fires in structures? 3 months totalling at least 12 hours annually? in the reciept of alarms and dispatching of firefighters and apparatus? Is the fire department legally responsible for the fire protection by Is the responding fire department within 5 road miles from the Do at least four members, one of whom may be a chief officer, respond to Is training conducted for all active members for at least 3 hours every Are alarm facilities and dispatching procedures such that there is no delay Does each person credtied have a protective clothing ensemble? INSURANCE SERVICES OFFICE, INC. CLASS 9 / CLASS 10 EVALUATION Eaves, David Fire Alarms Is the fire department organized on a permanent basis under applicable state or local laws? Is there one person responsible for the operation of the Fire Department? Recognition Does the area have definite boundaries? 35 Community:State: County:Survey Date: Class:02/2X Eligible for Class 8B: TRUE TRUE FALSE TRUE TRUE within 5 minutes of the first arriving engine company to the built upon areas of their departments deliver an uninterrupted fire flow of 200 gpm for 20 minutes, beginning Does the combined primary fire department and automatic aid respond equal Is the communication center(s) eligible for a credit of 4 points under item 440 (Credit for Emergency Communications)? Does the fire department respond with an apparatus equipped to at least 40% according to section 512; taking into considerable pumping capacity , hose quantity and major equipment? an average of 6 firefighters on first alarm responses to structure fires? Does the primary responding fire department (and automatic aid fire department(s), training per year for each active firefighter? Can the fire department - on its own or with the help of automatic-aid fire service area within five (all weather) road miles of a recognized fire station? if applicable) conduct a minimum average of 24 hours of structural fire fighting INSURANCE SERVICES OFFICE, INC. Class 8B Eligibility The Colony TEXAS(Denton), FALSE TEXAS 11/16/2020 36 INSURANCE SERVICES OFFICE, INC. HYDRANT FLOW DATA SUMMARY Community County State TEXAS (42)Survey Date:November 16, 2020 PRESSURE FLOW -AT 20 PSI PSI TEST TYPE TEST LOCATION SERVICE INDIVIDUAL TOTAL STATIC RESID.NEEDED AVAIL.REMARKS***MODEL TYPE FLOW TEST DATE NO.DIST.*HYDRANTS ** 1 The Colony Water Department, Zone 1 1240 0 0 1240 60 55 3500 3800 FTPC 10/16/2020 2.0 The Colony Water Department, Zone 1 1190 0 0 1190 60 55 4000 3700 FTPC 10/16/2020 2.1 The Colony Water Department, Zone 1 1190 0 0 1190 60 55 1750 3700 FTPC 10/16/2020 3 The Colony Water Department, Zone 1 1260 0 0 1260 65 60 1000 4100 FTPC 10/16/2020 4.0 The Colony Water Department, Zone 1 1150 0 0 1150 62 57 3000 3600 FTPC 10/16/2020 5.0 The Colony Water Department, Zone 1 1160 0 0 1160 60 55 3000 3600 FTPC 10/16/2020 6.0 The Colony Water Department, Zone 1 840 0 0 840 52 47 3000 2300 FTPC 10/16/2020 7.0 The Colony Water Department, Zone 1 1300 0 0 1300 75 70 3000 4700 FTPC 10/16/2020 8.0 The Colony Water Department, Zone 1 1230 0 0 1230 63 58 3000 3900 FTPC 10/16/2020 9.0 The Colony Water Department, Zone 1 1290 0 0 1290 65 60 4500 4200 FTPC 10/16/2020 9.1 The Colony Water Department, Zone 1 1290 0 0 1290 65 60 1000 4200 FTPC 10/16/2020 10.0 The Colony Water Department, Zone 1 1060 0 0 1060 48 43 3000 2700 FTPC 10/16/2020 11.0 The Colony Water Department, Zone 1 840 0 0 840 50 45 2500 2200 FTPC 10/16/2020 12.0 The Colony Water Department, Zone 1 1150 0 0 1150 54 49 2500 3200 FTPC 10/16/2020 14.0 The Colony Water Department, Zone 1 1260 0 0 1260 65 60 2250 4100 FTPC 10/16/2020 15.0 The Colony Water Department, Zone 1 1160 0 0 1160 60 55 1750 3600 FTPC 10/16/2020 *Comm = Commercial; Res = Residential. *** (A)-Limited by available hydrants to gpm shown. Available facilities limit flow to gpm shown plus consumption for the needed duration of (B)-2 hours, (C)-3 hours or (D)-4 hours. THE AVAILABLE FLOWS ONLY INDICATE THE CONDITIONS THAT EXISTED AT THE TIME AND AT THE LOCATION WHERE TESTS WERE WITNESSED. **Needed is the rate of flow for a specific duration for a full credit condition. Needed Fire Flows greater than 3,500 gpm are not considered in determining the classification of the city when using the Fire Suppression Rating Schedule. 5204 S Colony Blvd 4316 Main St THE ABOVE LISTED NEEDED FIRE FLOWS ARE FOR PROPERTY INSURANCE PREMIUM CALCULATIONS ONLY AND ARE NOT INTENDED TO PREDICT THE MAXIMUM AMOUNT OF WATER REQUIRED FOR A LARGE SCALE FIRE CONDITION. 5105 N Colony Blvd 5105 N Colony Blvd 5916 Stone Creek Dr 5701 State Hwy 121 5000 Main St in Shopping Center Parking Lot 4301 Blair Oaks Dr 5252 Memorial Dr 5252 Memorial Dr 5580 N Colony Blvd 3700 Standridge Dr North Side of Parking Lot 4819 Texas 121 6404 Paige Road 5733 Texas 121 In Parking Lot The Colony Texas(Denton), FLOW - GPM Witnessed by:Insurance Services Office Q=(29.83(C(d2)p0.5)) 37 INSURANCE SERVICES OFFICE, INC. HYDRANT FLOW DATA SUMMARY Community County State TEXAS (42)Survey Date:November 16, 2020 PRESSURE FLOW -AT 20 PSI PSI TEST TYPE TEST LOCATION SERVICE INDIVIDUAL TOTAL STATIC RESID.NEEDED AVAIL.REMARKS***MODEL TYPE FLOW TEST DATE NO.DIST.*HYDRANTS ** 15.1 The Colony Water Department, Zone 1 1160 0 0 1160 60 55 1000 3600 FTPC 10/16/2020 16.0 The Colony Water Department, Zone 1 1260 0 0 1260 65 60 1250 4100 FTPC 10/16/2020 *Comm = Commercial; Res = Residential. *** (A)-Limited by available hydrants to gpm shown. Available facilities limit flow to gpm shown plus consumption for the needed duration of (B)-2 hours, (C)-3 hours or (D)-4 hours. THE AVAILABLE FLOWS ONLY INDICATE THE CONDITIONS THAT EXISTED AT THE TIME AND AT THE LOCATION WHERE TESTS WERE WITNESSED. **Needed is the rate of flow for a specific duration for a full credit condition. Needed Fire Flows greater than 3,500 gpm are not considered in determining the classification of the city when using the Fire Suppression Rating Schedule. THE ABOVE LISTED NEEDED FIRE FLOWS ARE FOR PROPERTY INSURANCE PREMIUM CALCULATIONS ONLY AND ARE NOT INTENDED TO PREDICT THE MAXIMUM AMOUNT OF WATER REQUIRED FOR A LARGE SCALE FIRE CONDITION. 4301 Blair Oaks Dr 5580 N Colony Blvd The Colony Texas(Denton), FLOW - GPM Witnessed by:Insurance Services Office 38 Agenda Item No:3.3 CITY COUNCIL Agenda Item Report Meeting Date: July 20, 2021 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 39 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: July 20, 2021 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for July 6, 2021. (Stewart) Suggested Action: Attachments: July 6, 2021 DRAFT Minutes.docx 40 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 JULY 6, 2021 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:32 p.m. on the 6 th day of July 2021, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry, Mayor Kirk Mikulec, Deputy Mayor Pro Tem Richard Boyer, Mayor Pro Tem Brian Wade, Councilmember David Terre, Councilmember Perry Schrag, Councilmember Joel Marks, Councilmember Present Present Present Present Present Absent (personal) Absent (business) And with 5 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 6:32 p.m. 1.2 Invocation Councilmember Boyer delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Proclamation recognizing July as Parks and Recreation Month. Mayor proclaimed the month of July as "Parks and Recreation Month". 1.6 Items of Community Interest Councilmember Terre acknowledged the setback concerning the fireworks show over the weekend during the Liberty by the Lake event. He apologized for the long delay and shared comments from citizens expressing that the show was worth the wait. 1.6.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Coordinator, Lindsey Stansell, provided upcoming events and activities to the Council. 41 City Council – Regular Meeting Agenda July 6, 2021 Page| 2 2.0 CITIZEN INPUT Karen McGuffin, 6726 Hickory Creek, Frisco, spoke concerning the Soup-n-Bowl event held on May 15, 2021. She thanked Mayor and Council for their participation and support of the event. 3.0 WORK SESSION 3.1 Receive a presentation, discuss and provide direction to staff regarding the installation of cell tower poles and equipment at the BB Owen Sports Facility. Director of Engineering, Ron Hartline, presented two options for consideration. Option #1 is to provide both existing lighting requirements in addition to the capability of mounting the necessary cellular antenna's to the same pole; Option #2 consists of a standalone monopole tower at a distance away from the baseball fields and nearby residence. Council provided discussion on the item and recommended staff to move forward with Option 1. 3.2 Discuss Public Information Requests Quarterly Report as presented for Council review. No discussion on this item. 3.3 Discuss future meetings in person versus video conference meetings. Per TML Legislative Update 25, Open Meetings Act Suspensions terminate September 1, 2021. On June 30, 2021, the Governor's office approved a request by the Attorney General to lift statue suspensions. The suspensions will lift at 12:01 a.m. on September 1, 2021. Thus, as of September 1, 2021, all provisions of the Open Meetings Act will be effective and all Texas governmental bodies subject to the Open Meetings Act must conduct their meetings in full compliance with the Open Meetings Act as written in state law. Mayor McCourry stated all meetings for Council and Boards and Commissions shall be conducted in person effective immediately. 3.4 Council to provide direction to staff regarding future agenda items. None 42 City Council – Regular Meeting Agenda July 6, 2021 Page| 3 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Boyer; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for June 15, 2021. 4.2 Consider approving Council expenditures for the month of May 2021. 4.3 Consider approving a resolution authorizing the City Manager to execute an interlocal agreement with the City of Carrollton for the purchase of goods and services. RESOLUTION NO. 2021-042 4.4 Consider approving a resolution authorizing the City Manager to execute an Amendment of Contractor's Contract with RoeschCo Construction, Inc. for sidewalk repairs at the Municipal Complex and Bridges Park in the amount of $100,475.50, with funding from CIP in the amount of $80,447.50 and CDC Fund in the amount of $20,028.00. RESOLUTION NO. 2021-043 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider an ordinance for amendments to Planned Development District 23 (PD-23) by granting a change in zoning from PD- 23 Tract 1 to PD-23 Tract 1A on approximately 23.866 acres of property located north of Lebanon Road and west of Scotty's Lake Lane; adopting development standards for PD-23 Tract 1A for a single-family rental (multi-family "greencourt") community; amending development standards for the undeveloped area within Tract 1; and providing an updated tract map for PD-23 consistent with all prior amendments to PD-23. The subject site is located at the northwest intersection of Lebanon Road and Scotty's Lake Lane (The Tribute) and is within the Planned Development District 23 (PD-23) zoning district. Senior Planner, Isaac Williams, presented the proposed ordinance to Council. Mr. Williams states the applicant requests amendments to the Planned Development- 23 Ordinance to modify and provide updates to the permitted land uses within Tract 1 of the overall development. He reviewed the land use analysis, development standards and elevations. The Development Review Committee has no objection to the proposed amendments. On June 22, 2021, the Planning and Zoning Commission voted 7-0 to recommend approval of the proposed amendments. 43 City Council – Regular Meeting Agenda July 6, 2021 Page| 4 The public hearing opened at 7:37 p.m. Sharon Moody, 3705 Adelaide, appeared in support of the proposed ordinance. There being no other speakers, the public hearing closed at 7:41 p.m. Motion to approve- Boyer; second by Mikulec, motion carried with all ayes. ORDINANCE NO. 2021-2442 5.2 Discuss and consider approving a resolution casting the city's vote for a nominee to serve as a member of the Board of Managers for the Denco Area 9-1-1 District Motion to approve- Boyer; second by Wade, motion carried with all ayes. RESOLUTION NO. 2021-044 Executive Session was convened at 7:10 p.m. 6.0 EXECUTIVE SESSION 6.1.A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation regarding State Comptroller’s office and proposed 34 Texas Administrative Code Section 3.334 and related matters. B. Council shall convene into a closed session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Regular Session was reconvened at 8:02 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding pending or contemplated litigation regarding State Comptroller’s office and proposed 34 Texas Administrative Code Section 3.334 and related matters. No Action B. Any action as a result of executive session regarding the evaluation, duties, discipline, or dismissal of the City Secretary. Motion to authorize and approve Tina Stewart to reside outside of the city limits pursuant to Section 4.06 of the Home Rule Charter;- Boyer; second by Mikulec, motion carried with all ayes. 44 City Council – Regular Meeting Agenda July 6, 2021 Page| 5 ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:55 p.m. APPROVED: __________________________________ Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC, CMC City Secretary 45 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: July 20, 2021 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the City of Lewisville concerning the installation of a traffic signal at the intersection of Memorial Drive, Standridge Drive and Lakeridge Drive. (Hartline) Suggested Action: Summary of Request: Consider approval of a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the City of Lewisville concerning the installation of a traffic signal at the intersection of Memorial Drive, Standridge Drive and Lakeridge Drive. Background: City Council approved funding for the design and installation of a new traffic signal at the intersection of Standridge Drive and Memorial Drive in the 2020-2021 CIP budget. A warrant analysis was completed by Cobb, Fendley & Associates, Inc. in 2020 and it showed that a signal is currently warranted at this intersection based on current traffic loadings. The traffic signal will also assist with the increased vehicular traffic loads that will be generated once the Live Oaks Logistic Park Development on Memorial Drive and Standridge Drive is opened for business. The traffic signal design contract with Cobb, Fendley & Associates, Inc. was approved by City Council on November 4, 2020. The traffic signal project includes the installation of 4 signal poles/mast arm assemblies, installation of a traffic signal control box, traffic signal heads, pedestrian crossing signal heads, installation of new reinforced concrete sidewalks, barrier-free ramps, installation of electric conduit, the placement of crosswalk pavement markings and signage to provide a complete controlled signal for both vehicular and pedestrian traffic. Per the attached Interlocal Cooperation Agreement, The Colony will be responsible for all funding required to design, construct, inspect, repair and maintain and/or replace all mechanical, structural and electrical components needed to operate the Traffic Signal. Once the signal is installed, The Colony will be responsible for the operation, maintenance, repair and/or replacement of the traffic signal components throughout the term of the agreement. Lewisville will allow at least two (2) traffic signal poles and foundations and associated underground conduit and/or electrical wiring/pull boxes to be located in Lewisville’s right-of-way so that the project can be completed. Once the traffic signal is installed and operational, if Lewisville needs to move a traffic signal pole and/or associated underground conduit, electric and/or pull boxes located in their right-of-way for a future project, Lewisville will design, manage, and fund the relocation and reinstallation of that necessary work and will allow The Colony to review associated plans for the needed modifications. Purpose: 46 To approve an Interlocal Cooperation Agreement with the City of Lewisville concerning the installation of a traffic signal at the intersection of Memorial Drive, Standridge Drive and Lakeridge Drive. Recommendations: Staff has reviewed the Interlocal Cooperation Agreement with Lewisville and recommends approval. Suggested motion: I move to recommend approval of a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the City of Lewisville concerning the installation of a traffic signal at the intersection of Memorial Drive, Standridge Drive and Lakeridge Drive. Attachments: Interlocal Cooperation Agreement - City of Lewisville - Memorial Dr and Standridge Dr Traffic Signal Res. 2021-xxx City of Lewisville Interlocal Cooperation Agreement.docx 47 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY, TEXAS AND THE CITY OF LEWISVILLE, TEXAS CONCERNING THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF MEMORIAL DR., STANDRIGE DR. AND LAKE RIDGE DR. This Interlocal Agreement (hereinafter referred to as the “Agreement”) is entered into pursuant to the provisions of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, by and between the City of The Colony, Texas, a Texas home-rule municipality (hereinafter referred to as “The Colony”), and the City of Lewisville, Texas, a Texas home-rule municipality (hereinafter referred to as “Lewisville“). WHEREAS, the Interlocal Cooperation Act authorizes local governments to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, The Colony and Lewisville mutually desire to be subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically section 791.011 regarding contracts to perform governmental functions and services; and WHEREAS,The Colony is a duly organized municipality in Denton County, Texas, engaged in the provision of municipal and related services for the benefit of the citizens of the City of The Colony, Texas; and WHEREAS,Lewisville is a duly organized municipality in Denton County, Texas, engaged in the provision of municipal and related services for the benefit of the citizens of the City of Lewisville, Texas; and WHEREAS, a warrant analysis was completed by Cobb, Fendley & Associates, Inc. in 2020 and the results of this warrant study indicate that a traffic signal is warranted at the Memorial Drive, Standridge Drive and Lake Ridge Drive intersection based on current traffic loadings; and WHEREAS, portions of this intersection are located within the city limits of both cities and both cities agree that a traffic signal is warranted at the intersection based on independent reviews of the above referenced study; and WHEREAS, The Colony has recently approved the zoning for a 97.55 acre multi-building warehousing development (Live Oaks Logistics Park) on the northeast corner of this intersection and has also approved the Site Plan for Phase 1 of the development which will occupy approximately 22.11 acres of land. The traffic impact analysis (“TIA”) completed for this development also demonstrates the need for a traffic signal at this intersection as traffic loads will increase significantly when construction is completed on this development; and WHEREAS, this project will only include the installation of the traffic signal and associated cabinet and control devices; no pavement modifications and/or addition of turn lanes are included in this project, and these will be considered separate projects if and when completed in the future by each city. 48 Page 2 of 8 Interlocal Agreement City of The Colony, Texas – City of Lewisville, Texas 2/4/2021 2:41:27 PM NOW, THEREFORE,for and in consideration of the agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, The Colony and Lewisville agree as follows: Section 1.Incorporation of Premises.The foregoing recitals are hereby incorporated into the body of this Agreement and shall be considered part of the mutual covenants, consideration and promises that bind the parties. Section 2. Term. The term of this Agreement shall be for a period of twenty (20) years. Thereafter, the Agreement will automatically renew for two (2) additional twenty (20) year terms unless notice is given by either party to terminate this Agreement ninety (90) days prior to the expiration of each term, or unless terminated sooner as provided for in section 6, below. Section 3.Definitions. (a)Agreement. The word “Agreement” means this Interlocal Cooperation Agreement, together with all exhibits and schedules attached to this Agreement from time to time, if any. (b)Effective Date. The words “Effective Date” mean the date of execution of this Agreement by The Colony and Lewisville.. (c)Lewisville. The word “Lewisville” means the City of Lewisville, Texas, a Texas home- rule municipality, whose address for the purposes of this Agreement is 151 W. Church Street, Lewisville, Texas 75057. (d)Term. The word “Term” means the term of this Agreement as specified in Section 2 of this Agreement. (e)Traffic Signal. The words “Traffic Signal” mean the traffic signal to be installed at the intersection of Memorial Drive, Standridge Drive and Lake Ridge Drive, which intersection is located in part within the City of The Colony and in part within the City of Lewisville, Texas, including all mechanical, structural and electrical components related to the installation. (f)The Colony. The words “The Colony” mean the City of The Colony, Texas, a Texas home-rule municipality, whose address for the purposes of this Agreement is 6800 Main Street, The Colony, Texas 75056. Section 4. Obligations of The Colony. (a)Consistent with Section 791.011(d)(3) of the Texas Government Code, The Colony in making payments hereunder for governmental functions or services, shall make payments 49 Page 3 of 8 Interlocal Agreement City of The Colony, Texas – City of Lewisville, Texas 2/4/2021 2:41:27 PM from current revenues available to The Colony. It is understood and agreed that the funding for the Term set forth above has been approved and will be appropriated by The Colony. (b)The Colony will be responsible for all funding required to design, construct, inspect, repair, and maintain and/or replace all mechanical, structural and electrical components needed to operate the Traffic Signal. (c)The Colony will be responsible for hiring a qualified engineering firm to perform the topographic surveying, intersection geometric analysis, prepare construction specifications and drawings and provide construction management services. Once the design is completed, both The Colony and Lewisville will review the plans and make comments until a final buildable design set of plans and specifications is approved by both cities. (d)The Colony will hire the construction firm to install the Traffic Signal and associated components based on the plans and specifications that were approved by both cities. (e)Once installed, The Colony will be responsible for the operation, maintenance, repair and/or replacement of the Traffic Signal components throughout the Term of this Agreement. The Colony agrees to respond to a malfunction of the Traffic Signal within twenty-four (24) hours of becoming aware of the malfunction and shall repair immediately if possible. If immediate repair is not possible, The Colony agrees to perform and complete such repairs as soon thereafter as reasonably possible but, in any case, not later than ten (10) days after receipt of written notice from Lewisville. If The Colony fails to provide the service contemplated herein within said ten (10) days, such failure shall constitute an event of default, and Lewisville may terminate this Agreement by giving thirty (30) days notice. Notwithstanding the foregoing to the contrary, The Colony shall not be in default of this Agreement for failing to complete repairs within said ten (10) day period to the extent that repair or replacement cannot reasonably be completed within ten (10) days from the date of receipt of written notice so long as The Colony is reasonably diligent in pursuing completion of such repairs or replacement. Section 5.Obligations of Lewisville. (a)Lewisville agrees to review the Traffic Signal plans and specifications within three (3) weeks of receipt each time they are submitted and provide comments back to The Colony for incorporation into the plans and specifications. (b)If Lewisville determines that construction inspection is necessary for the traffic poles and mast arms installed in Lewisville, those services will be provided by Lewisville at no cost to The Colony for this project. The assigned inspector will attend the pre-construction meeting and monthly meetings, as necessary. 50 Page 4 of 8 Interlocal Agreement City of The Colony, Texas – City of Lewisville, Texas 2/4/2021 2:41:27 PM (c)Lewisville will allow at least two (2) Traffic Signal poles and foundations and associated underground conduit and/or electrical wiring/pull boxes to be located in Lewisville’s right-of-way so that the project can be completed. (d)Once the Traffic Signal is installed and operational, if Lewisville needs to move a Traffic Signal pole and/or associated underground conduit, electric and/or pull boxes located in their right-of-way for a future project, Lewisville will design, manage, and fund the relocation and reinstallation of that necessary work and will allow The Colony to review associated plans for the needed modifications. Section 6.Termination of Agreement. This Agreement shall remain in effect as stated above, until such time as either party desires to amend or terminate this Agreement, with or without cause. Either party may terminate this Agreement, for any reason, or no reason, upon ninety (90) days prior written notice of the date of termination to the other party, except as otherwise specifically provided for herein. The written notice of termination shall be mailed to the below-noted addresses via U.S. certified mail, postage prepaid and return receipt requested, and the date of mailing shall be deemed the date of the postmark. Upon notice of the desire to terminate or amend the Agreement, both parties may negotiate any mutually satisfactory amendment or renewal of the Agreement. In the event of early termination of this Agreement by Lewisville, Lewisville will remove the Traffic Signal and all equipment located within the City of Lewisville in a timely manner, at its expense, and will return said Traffic Signal and equipment to the City of The Colony. In the event of early termination of this Agreement by The Colony, The Colony will remove the Traffic Signal and all equipment located in both cities in a timely manner at its expense. In the case of such removal, Lewisville grants The Colony permission to remove said Traffic Signal and equipment within Lewisville’s jurisdiction. Section 7.Miscellaneous Provisions. The following miscellaneous provisions are a part of this Agreement: (a)Amendments.This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. (b)Applicable Law and Venue.This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Denton County, Texas. (c)Assignment. This Agreement may not be assigned without the express written consent of the other party. 51 Page 5 of 8 Interlocal Agreement City of The Colony, Texas – City of Lewisville, Texas 2/4/2021 2:41:27 PM (d)Binding Obligation.This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The Colony warrants and represents that the individual executing this Agreement on behalf of The Colony has full authority to execute this Agreement and bind The Colony to the same. Lewisville warrants and represents that the individual executing this Agreement on Lewisville’s behalf has full authority to execute this Agreement and bind it to the same. (e)Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. (f)Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. (g)Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, fire or other casualty, or court injunction, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or requirement shall be extended for a period of time equal to the period such party was delayed. (h)Immunity and Defenses; Hold Harmless. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. Each party shall be responsible for its sole negligence or its percentage of concurrent negligence, for any actual damages or losses suffered by the other or a third party, arising from any breakdown, malfunction, failure, use or loss of use of the Traffic Signal, however caused. This shall apply to all cases of negligence of either Party, their respective officers, employees, agents, contractors or otherwise. Notwithstanding the foregoing to the contrary, nothing herein shall be construed as a waiver by either party of any defense or immunity available to said Party with respect to any damage or injury relating to the Party’s performance pursuant to this Agreement. (i)Notices. Any notice or other communication required or permitted by this Agreement (hereinafter referred to as the “Notice”) is effective when in writing and (i) personally delivered either by facsimile (with electronic information and a mailed copy to follow) 52 Page 6 of 8 Interlocal Agreement City of The Colony, Texas – City of Lewisville, Texas 2/4/2021 2:41:27 PM or by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: if to The Colony:The City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 Attn: Ron Hartline Telephone: 972-624-3109 if to Lewisville:The City of Lewisville, Texas 151 W. Church Street Lewisville, Texas 75057 Attn: Telephone: 972-219-3400 (j)Severability.The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. (k)Time is of the Essence. Time is of the essence in the performance of this Agreement. [The Remainder of this Page Intentionally Left Blank] 53 Page 7 of 8 Interlocal Agreement City of The Colony, Texas – City of Lewisville, Texas 2/4/2021 2:41:27 PM APPROVED by The City Council of The City of The Colony, Texas, in its meeting held on the day of , 2021, and executed by its authorized representative. CITY OF THE COLONY, TEXAS, A Texas home-rule municipality By: Joe McCourry, Mayor ATTEST: Tina Stewart, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney APPROVED by The City Council of The City of Lewisville, Texas, in its meeting held on the day of , 2021, and executed by its authorized representative. CITY OF LEWISVILLE, TEXAS, A Texas home-rule municipality By: TJ Gilmore , Mayor ATTEST: Julie Worster, City Secretary 54 Page 8 of 8 Interlocal Agreement City of The Colony, Texas – City of Lewisville, Texas 2/4/2021 2:41:27 PM APPROVED AS TO FORM: Liz Plaster, City Attorney 55 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF LEWISVILLE FO THE PURPOSE OF INSTALLING A TRAFFIC SIGNAL AT THE INTERSECTION OF MEMORIAL DRIVE, STANDRIDGE DRIVE AND LAKERIDGE DRIVE; 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 execute an interlocal cooperation agreement with the City of Lewisville for the installation of a traffic signal at the intersection of Memorial Drive, Standridge Drive and Lakeridge Drive. Section 2. That the City Manager or his designee is authorized to approve the interlocal 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 20th day of July, 2021. _____________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 56 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: July 20, 2021 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss and consider an ordinance amending the TIRZ No. 2 Final Project and Financing Plan. (Shallenburger) Suggested Action: Attachments: Ord. 2021 - Tribute TIRZ No. 2 - Amendment to TIRZ Final Project and Finance Plan - Fire Station.docx 57 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AN AMENDMENT TO THE FINAL PROJECT AND REINVESTMENT ZONE FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER TWO, CITY OF THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of The Colony, Texas (hereinafter referred to as the “City”), pursuant to Chapter 311 of the Texas Tax Code, as amended (hereinafter referred to as the “Act”), may designate a geographic area within the City as a tax increment reinvestment zone if the area satisfies the requirements of the Act; and WHEREAS,on December 3, 2013, pursuant to and as required by the Act, the governing body of the City (hereinafter referred to as the “City Council”)approved and adopted by Ordinance No. 2013-2033, a Preliminary Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number Two, City of The Colony, Texas, for a proposed tax increment reinvestment zone containing approximately 992.220 acres of property located within the City of The Colony, Texas; and WHEREAS,notice of the public hearing on the creation of the proposed zone was published in the official newspaper of the City at least seven (7) days prior to the public hearing held on December 3, 2013; and WHEREAS,at the public hearing held on December 3, 2013, interested persons were allowed to speak for or against the creation of the zone, the boundaries of the zone, and the concept of tax increment financing, and owners of property in the proposed zone were given a reasonable opportunity to protest the inclusion of their property in the zone; and WHEREAS,after the public hearing on December 3, 2013, the City Council approved Ordinance No. 2013-2034, establishing Reinvestment Zone Number Two, City of The Colony, Texas; and WHEREAS,on April 15, 2014, the Board of Directors for Reinvestment Zone Number Two, City of The Colony, Texas, and the City Council of the City of The Colony, Texas, approved the Final Project and Reinvestment Zone Financing Plan; and WHEREAS, Section 311.003(c) of the Texas Tax Code provides that the City of The Colony, Texas, “[n]otlater than the seventh day before the date of the hearing, notice of the hearing must be published in a newspaper having general circulation in the municipality or county;” and WHEREAS,Section 311.011(e) of the Texas Tax Code, in pertinent part provides, “[I]f an amendment reduces or increases the geographic area of the zone, increases the amount of 58 bonded indebtedness to be incurred, increases or decreases the percentage of a tax increment to be contributed by a taxing unit, increases the total estimated project costs, or designates additional property in the zone to be acquired by the municipality or county, the approval must be by ordinance or order, as applicable, adopted after a public hearing that satisfies the procedural requirements of Sections 311.003(c) and (d);” and WHEREAS,the City Council of the City of The Colony, Texas, pursuant to Sections 311.003 and 311.011 of the Texas Tax Code, approved this Ordinance after a public hearing, and publication of notice of the public hearing in a newspaper general circulation of the City, all in accordance with Chapter 311 of the Texas Tax Code, and find that the Final Project and Reinvestment Zone Financing Plan should be amended by amending (1) Section 6.2. Fire Station and Police Substation budget increased to $8,000,000 and eliminate police substation; (2) Section 6.4. Marina and Park Improvements budget increased to $4,900,000 for stage/entertainment component and related costs; and (3) Section 6.5. Entertainment District Improvements reduced by the increase amounts in Sections 6.2 and 6.4; and WHEREAS,the City Council of the City of The Colony, Texas, hereby finds and determines that the adoption of this Ordinance, approving an Amendment to the Final Project and Reinvestment Zone Financing Plan, a copy of which is attached hereto as Exhibit A, is in the best interests of the citizens of the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council hereby approves the Amendment to the Final Project and Reinvestment Zone Financing Plan, a copy of which is attached hereto as Exhibit A and is incorporated herein for all purposes. SECTION 3.That if any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or the 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 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 this Ordinanceshall become effective from and after its date of passage in accordance with law. 59 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 20 TH DAY OF JULY, 2021. Joe McCourry, Mayor ATTEST: Tina Stewart, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 60 Exhibit A Amendment to Final Project Plan and Finance Plan Section 6.2. Fire Station and Police Substation budget increased to $8,000,000; police substation is eliminated. Section 6.4. Marina and Park Improvements budget increased to $4,900,000 for stage/entertainment component and related costs . Section 6.5. Entertainment District Improvements reduced by the increase differentials in Sections 6.2 and 6.4. 61 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: July 20, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: 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 regarding State Comptroller’s office and proposed 34 Texas Administrative Code Section 3.334 and related matters. Suggested Action: Attachments: 62 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: July 20, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Any action as a result of executive session regarding pending or contemplated litigation regarding State Comptroller’s office and proposed 34 Texas Administrative Code Section 3.334 and related matters. Suggested Action: Attachments: 63