HomeMy WebLinkAbout2021 0817
CITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, AUGUST 17, 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, AUGUST 17, 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 Recognize members of First Baptist Church The Colony and Lowes Store No.2567 for their
contributions and support of The Colony Volunteer Assistance Program. (Perez)
1.6 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 Council to provide direction to staff regarding future agenda items. (Council)
REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 08/17/2021
Page - 2
4.0 CONSENT AGENDA
The Consent Agenda contains items which are routine in nature and will be acted upon in one motion. Items
may be removed from this agenda for separate discussion by a Council member.
4.1 Consider approving City Council Regular Session meeting minutes for August 4, 2021. (Stewart)
4.2 Consider approving continued city funding for the LPGA Volunteers of America Golf Classic
Tournament for the next two years. (Miller)
4.3 Consider approving a resolution authorizing the City Manager to issue a purchase order in the
amount of $99,220.00 for the TRAKIT Software Upgrade and Cloud Migration Project. (Perez)
4.4
Consider approving a resolution authorizing the City Manager to issue a purchase order in the
amount of $786,258.17 to Siddons Martin Emergency Group, LLC for the purchase of a 2022
Pierce Arrow XT Fire Pumper for Firehouse No. 5. (Thompson)
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving a resolution adopting The Colony Public Library Strategic Plan
for 2021-2025 (Charters)
5.2 Conduct a public hearing and discuss the proposed 2021-2022 tax rate not to exceed $0.65 cents
per $100 valuation for the taxable value of real and personal property located within the City of
The Colony, and announce that the tax rate will be voted on September 7th, 2021 at 6:30 p.m. at
The Colony City Hall, 6800 Main Street (Miller)
5.3 Conduct a public hearing, discuss and consider the City of The Colony Preliminary Municipal
Budget 2021-2022. (Miller)
5.4 Conduct a public hearing, consider a resolution accepting a preliminary service and assessment
plan for the City of The Colony Public Improvement District on properties located within the Public
Improvement District No. 1. for the Fiscal Year 2021-22. (Maurina)
5.5 Conduct a public hearing, discuss and consider an appeal of the Sign Board of Appeals regarding
a variance from Chapter 6, Section 6-258 [Prohibited signs] to allow an off-premise LED digital
sign [“Billboard”] at 3804 Main Street. The subject site is within the Planned Development 11 (PD-
11) zoning district and the Gateway Overlay District. (Williams)
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 regarding contemplated litigation, including commencement of Chapter 54 of
the Texas Local Government Code cause of action, concerning 7413 Water’s Edge Court.
B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas
Government Code regarding commercial or financial information the city has received from a
business prospect(s), and to deliberate the offer of a financial or other incentive to a business
prospect(s).
Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Recognition
Agenda Section:
Subject:
Recognize members of First Baptist Church The Colony and Lowes Store No.2567 for their contributions and
support of The Colony Volunteer Assistance Program. (Perez)
Suggested Action:
Over 60 members of FBC The Colony participated in a full week of volunteer assistance program projects in
June 2021 and April 2020. Several elderly or disabled home owners in The Colony benefited from their efforts
that ranged from repairing fencing and siding, exterior painting, tree and shrub trimming etc.
Lowes store # 2567 located in Little Elm worked with Danny Dill in providing material required for the projects at
a very reduced cost. They also offered in-kind delivery of the material. Neither were asked for or expected from
staff in preparing for the projects and we are appreciative of the generosity they showed in support of the
program which is why we would like to have them formally recognized.
We have partnered with The Colony Home Depot in the past and will continue to do so when possible however
for these rounds of projects, Lowes was willing and able to contribute much more than we expected for the
projects.
Attachments:
4
Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
5
Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 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:
6
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for August 4, 2021. (Stewart)
Suggested Action:
Attachments:
August 4, 2021 DRAFT Minutes.docx
7
1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
AUGUST 4, 2021
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:30 p.m.on the 4
th day of August 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
Absent (business)
Present
Present
Present
Present
Present (arrived at 7:02 p.m.)
And with 6 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 6:30 p.m.
1.2 Invocation
Pastor James Jenkins with Friendship Baptist Church delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
None
1.6 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
No discussion on this item.
2.0 CITIZEN INPUT
None
3.0 WORK SESSION
3.1 Receive a presentation and update from SPAN.
8
City Council – Regular Meeting Agenda
August 4, 2021
Page| 2
Director of Community Relations and Programming, Joe Perez, briefed Council on
this item. Michelle McMann, Kristine Herrera and Diane Beck, Representatives
with SPAN, Inc. Transportation, provided an overview on current services
outlining the Meals on Wheels program, sanitation and safety measures and the
ridership and utilization initiatives to assist clients within The Colony community.
3.2 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Boyer; second by Wade, motion carried
with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for July 20,
2021.
4.2 Consider approving Council expenditures for the month of June 2021.
4.3 Consider approving a resolution authorizing the Mayor to execute a Negotiated
Settlement Agreement between the Atmos Cities Steering Committee and Atmos
Energy Corporation regarding the company's 2021 RRM filing.
RESOLUTION NO. 2021-046
4.4 Consider approving a resolution authorizing the City Manager to execute a Trail
Easement conveyance from The Tribute Build to Rent, LLC for continuation of a
public trail.
RESOLUTION NO. 2021-047
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider all matters incident and related to the issuance and sale of
"City of The Colony, Texas, Combination Tax and Limited Surplus Revenue
Certificates of Obligation, Series 2021", including the adoption of an ordinance
authoring the issuance of such certificates of obligation.
Assistant City Manager, Tim Miller, provided an overview on the proposed
ordinance to Council.
Jason Hughes with Hilltop Security outlined a summary of the Index of Municipal
Bonds. Mr. Hughes stated there were four (4) competitive bids as the lowest bid
for a twenty year CO's at $1.71 percent. Upon Council approval of $8,430,000 the
9
City Council – Regular Meeting Agenda
August 4, 2021
Page| 3
city will generate proceeds of $9,130,000 that will be delivered on September 2,
2021.
Motion to approve- Boyer; second by Schrag, motion carried with all ayes.
ORDINANCE NO. 2021-2444
5.2 Discuss and consider the proposed 2021-2022 tax rate of $.6525 per $100 of
property valuation, setting the date for public hearings on the tax rate, budget, and
GrandScape PID assessment on August 17, 2021, and approval of the 2021-2022
tax rate, budget, and PID assessment on September 7, 2021.
Assistant City Manager of Administration, Tim Miller, provided an overview on
this item to Council.
Council provided discussion on this item with a recommendation to amend the tax
rate to one half cent decrease.
Motion to approve with the amended tax rate from one quarter to one half cent decrease-Terre;
second by Wade, motion carried with all ayes.
5.3 Discuss and consider approving a resolution authorizing the City Manager to
execute a Construction Services Contract in the amount of $675,901.00 with
RoeschCo Construction, Inc. for the Citywide Drainage Improvements Project.
Tim Miller, Assistant City Manager of Administration, presented the proposed
resolution to Council.
Councilmember Marks arrived at 7:02 p.m.
Motion to approve- Boyer; second by Terre, motion carried with all ayes.
RESOLUTION NO. 2021-048
5.4 Discuss and consider approving a resolution ordering the November 2, 2021
Election for at large positions, specifically Mayor, Place 1 and Place 2.
Motion to approve- Schrag; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2021-049
10
City Council – Regular Meeting Agenda
August 4, 2021
Page| 4
Executive Session was convened at 7:09 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 executive session pursuant to Sections
551.071 and 551.087 of the Texas Government Code to seek legal advice from the
city attorney and to deliberate commercial or financial information the City has
received from a business prospect, and to deliberate the offer of a financial or other
incentive to a business prospect regarding the following: Developer's Agreement
concerning Village at 121 and Impact Fee Waiver Agreement with Colony 5
Partners and related agreements and issues.
Regular Session was reconvened at 7:55 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 commercial or financial
information the city has received from a business prospect, and to deliberate the
offer of a financial or other incentive to a business prospect - Developer's
Agreement concerning Village at 121 and Impact Fee Waiver Agreement with
Colony 5 Partners and related agreements and issues.
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:58 p.m.
11
City Council – Regular Meeting Agenda
August 4, 2021
Page| 5
APPROVED:
__________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
12
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: Mayra Sullivan
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Consider approving continued city funding for the LPGA Volunteers of America Golf Classic Tournament for the
next two years. (Miller)
Suggested Action:
Attachments:
Colony Funding Request Aug 2021.pdf
13
Old American Golf Club
1001 Lebanon Road, The Colony TX 75056
Aug 4, 2021
Mr. Troy Powell
City Manager
City of The Colony
6800 Main St., The Colony, TX 75056
Re: LPGA Tour Event at The Old American Golf Club
Troy,
Per our recent discussions, we have successfully negotiation with Outlyr, the tour promotor and organizer for our
LPGA event, an extension to the agreement so that we will host, at a minimum, an additional 2 more years of the
VOA Classic to be held at The Golf Clubs at The Tribute for 2022 and 2023.
We are working with Outlyr for a longer extension, but that will be subject to them securing a long term corporate
sponsor. They are committed to The Tribute and The Colony as a long term home for this event.
We know that the event has garnered tremendous attention for the City and the Old American as it has provided
the opportunity for The City and ourselves to have national exposure during the tournament broadcast. We are
extremely proud of how the prior 4 years have gone, notwithstanding anything and everything that mother nature
has thrown at us and we are incredibly proud of our partnership with The Colony and your team.
As with the prior 4 years, the cost to us to Outlyr will be $250,000 per year, for each of the next 2 years.
Our request of The Colony is to continue to provide $150,000 for each of the next 2 year we host the tournament,
and possibly longer, subject to Outlyr securing another sponsor and our deal at The Tribute to be extended
accordingly.
Our $250,000 is due 90 days prior to the next event, which is scheduled for Sept 2022, so the request for the
$150,000 annual contribution from The Colony would be on or before that date, subject to our submitting an
invoice to The Colony in this amount.
Please let me know what additional information you may require from our team.
We very much appreciate your consideration of our request to continue offering the opportunity for The Old
American and The Colony to partner on this wonderful community event.
Regards,
Kristian Teleki
Senior Vice President
cc. Mike McCabe, General Manager
14
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order in the amount of
$99,220.00 for the TRAKIT Software Upgrade and Cloud Migration Project. (Perez)
Suggested Action:
Attachments:
2021 Colony TX SALES ORDER (Trakit upgrade to Comm Dev.)
thecolonyfinalCentralSquare Quote (2) (17).pdf
Trakit cloud migration narrative.docx
Res. 2021-xxx Trakit Software Upgrade and Cloud Migration Project.docx
15
SALES ORDER
PURSUANT TO EXISTING AGREEMENT
Order Number: [____________]
This Sales Order is intended as a binding Agreement between the City of The Colony, Texas and Superion, LLC, a
CentralSquare Technologies company, and shall be effective as of the date of the last signature herein.
Quote Number: Q-55987 is attached hereto as Exhibit “A”. The Quote contains a description of all products and
services sold pursuant to this Sales Order. The Quote is hereby incorporated by reference as a term of this Sales
Order.
Payment Terms. Annual Subscription Fees for Year One ($30,000) shall be due upon the Execution Date of
this Sales Order. Beginning in Year Two, the Annual Subscription Fee shall be due on the anniversary of the
Execution Date of this Sales Order and shall be subject to an annual increase of 5%.
The Community Development: Advanced SaaS Subscription Contract Startup Fee ($10,000) is a one time fee
and shall be due upon the Execution Date of this Sales Order.
Fees for Professional Services shall be due as incurred on a time and materials basis and invoiced regularly.
Payment due in full 30 days from date of invoice.
Master Agreement. This Sales Order shall be governed by the terms and conditions of the existing Agreement
between the parties, more specifically described as: Agreement for the Installation and Use of Community
Development Software and Services dated June 17, 2002 (the “Master Agreement”). NO OTHER TERMS OR
CONDITIONS OF THE MASTER AGREEMENT ARE NEGATED OR CHANGED AS A RESULT OF THIS
DOCUMENT.
Purchase Order. Customer may provide CentralSquare with a valid purchase order, upon execution of this Sales
Order. Notwithstanding anything to the contrary herein, purchase orders are to be used solely for Customer’s
accounting purposes and any terms and conditions contained therein shall be deemed null and void with respect to
the parties’ relationship and this Sales Order. Any such purchase order provided to CentralSquare shall in no way
relieve Customer of any obligation entered into pursuant to this Sales Order including, but not limited to, its
obligation to pay CentralSquare in a timely fashion.
Acceptance of Order Terms. By signing this Sales Order below, Customer represents and warrants that: (a) it has
read and understands the Master Agreement and Quote that are incorporated by reference into this Sales Order and
agrees to be bound by the terms thereof, and (b) it has full power and authority to accept this Sales Order.
Superion, LLC (“CentralSquare”)The City of The Colony, TX
(“Customer”)
1000 Business Center Dr.
Lake Mary, FL 32746
[INSERT CUSTOMER ADDRESS]
By: By:
Print Name: Print Name:
Print Title: Print Title:
Date Signed: Date Signed:
16
17
18
19
20
As of 2022/2023, The Colony’s current version of Trakit will no longer be supported by Central
Square(parent company of Trakit) as they have moved the software to a Cloud based version. Having
received this notice, our options were to migrate to the cloud-based version or move to a completely
different software. Because so many departments within the city utilize Trakit, staff believes the easiest
and most cost effective transition would be to upgrade to the cloud-based version to avoid potentially
major disruptions to our operations and service levels in going with an entirely new software of which
little options exist in the market currently.
Moving to the upgraded cloud basedversion allows us the use of the latest functionality, mobile access,
systematic upgrades, and install hot fixes. In addition, this would allow us to move the storage of Trakit
data away from our own on -site servers freeing up a large amount of additional storage space as well as
reducing The Colony’s I.T. staff time on maintenance and support. The cloud migration would also
assist in disaster recovery and operability should a natural disaster or cyber-attack occur to our own
network infrastructure.
This quote includes the costs of setting up the cloud based new servers, upgrading us to the latest
version, migrating all of our existing data, user training and all consulting fees to configure the system.
Prior to the cloud-based version going live, Trakit reps will host training seminars for all
staff/departments who utilize the software to educate them on using the new version and modules. All
of the existing modules and functions currently utilized in the existing version will carry over in to the
new version along with the addition of a few new ones that are standard with the upgrade.
Currently our annual maintenance service fee is $23,000 per year however; moving to the cloud version
would increase the fee to $30,000 per year for our subscription and additional one terabyte data
storage fee of $900 annually.
The Trakit migration was budgeted in the FY20/21 budget at a cost of $108,840 however after staff
review of the original quote and comment back to Central Square, there were costs identified in the
original quote that no longer applied or we did not need in the final quote which brought it down to
$99,220.
Lastly, moving forward with this item was delayed due to Covid initially and a bit more due to our
account being transferred to a new rep within Central Square. Our original account rep left the
company during what would have been our transition to work for another company.
Cloud migration and support: $68,320.00 (one-time fee)
Annual Maintenance service fee 22/23: $30,000.00 (annually)
Additional cloud storage $900.00
21
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
ISSUE A PURCHASE ORDER TO SUPERION LLC, A CENTRAL
SQUARE TECHNOLOGIES COMPANY FOR THE PURCHASE OF
SERVICES AND PRODUCTS CONTAINED IN QUOTE # Q-55987
FOR THE TRAKIT SOFTWARE UPGRADE AND CLOUD
MIGRATION PROJECT; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to issue a purchase order to SUPERION LLC, in the amount of $99,220.00
for the Trakit Software Upgrade and Cloud Migration Project.
Section 2. That the City Manager or his designee is hereby authorized to issue said
purchase order.
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 17th day of August, 2021.
______________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
22
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: Shannon Stephens
Submitting Department: Fire
Item Type: Ordinance
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order in the amount of
$786,258.17 to Siddons Martin Emergency Group, LLC for the purchase of a 2022 Pierce Arrow XT Fire
Pumper for Firehouse No. 5. (Thompson)
Suggested Action:
This is a component of the Firehouse #5 project and these funds have been previously approved by Tax
Increment Reinvestment Zone Number Two (TIRZ No. 2) during a regular session meeting.
Attachments:
The Colony Proposal 8-2-21.pdf
Buy Board 10 The Colony 820 2021-08-02.pdf
Res. 2020-xxx Siddons Martin Emergency LLC Purchase Order.docx
23
24
25
Buy Board Contract 571-18 Contract No.:571-18 Date:8/2/2021
Agency:Contractor:
Contact:Prepared:
Phone:Phone:
Fax:Fax:
Email:Email:
Prod. Code:10 Description:
527,977.00$
Cost Cost
241,133.00$
Subtotal B: 241,133.00$
769,110.00$
Cost Cost
38,025.00$
Subtotal C: 38,025.00$
5%
Cost Cost
Subtotal D: -$
807,135.00$
1 807135 =Subtotal E: 807,135.00$
Subtotal F: 1,500.00$
Cost Cost
(12,933.83)$ (10,151.92)$
(11,914.00)$ 12,622.92$
(24,847.83)$ 2,471.00$ Subtotal G: (22,376.83)$
786,258.17$
F. Buy Board Fee Calculation (From Current Fee Tables)
E. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C+D)
Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).
H. Total Purchase Price (E+F+G): Delivery Date: 12.5 -13.5 Months ARO
Subtotal From Additional Sheet(s):
Quantity Ordered:
CONTRACT PRICING WORKSHEET
for motor vehicles only
Pierce Custom Pumper
A. Product Item Base Unit Price Per Contractor's Buy Board Contract:
N/A
The Colony Fire Department
Asst. Chief Shannon Stephens
469-450-1327
sstephens@theclonytx.gov
Siddons-Martin Emergency Group
Description Description
Subtotal From Additional Sheet(s):
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
Total Published Options
X Subtotal of A + B + C + D:
D. Other Cost Items Not Itemized Above (e.g. Installation, Freight, Delivery, Etc.)
Description Description
Subtotal of column Subtotal of Column
Description Description
100% Pre-Payment Discount Material Surcharge
Chassis Pre-Payment Discount Contract Discount
Jeff Doran
281-442-6806
Description Description
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.
jdoran@siddons-martin.com
26
Option Published Unpublished
Number Qty Description Options Options
105 1 upgrade to 22,800# front axle $2,280.00
109 1 TAK-4 Suspension $17,788.00
117 1 Tire Chains - Rear Axle $4,580.00
118 1 Auto Lube, 22 point $5,708.00
127 1 Mud Flaps $635.00
134 1 Air inlet-outlet $759.00
136 1 12 or 120 volt air compressor $1,945.00
137 1 Brake fittings compression type $1,507.00
143 1 Cummins 450 to x12 $26,163.00
149 1 EVS 3000 TO 4000 $10,130.00
159 1 Add Extended Bumper $2,448.00
165 1 Bumper warning light recess $957.00
166 1 Linex Bumper Coating $437.00
167 1 Mirrors - change to Bus style cab corner $3,277.00
173 1 Stainless Door Jamb Scuffplates $756.00
174 1 Mounting plate on engine tunnel $529.00
176 1 Electric Door locks $1,215.00
177 1 110 Volt cab A/C $2,414.00
179 1 Safety System $10,601.00
186 1 EMS Compartment in Cab $2,797.00
187 1 EMS Compartment w outside access (each)$2,968.00
188 4 Upgrade SCBA Bracket to Hands Free $3,216.00
190 2 Handrail with LED Lighting Cab $1,208.00
192 1 Cab Windows Factory Tint $528.00
202 -1 Upgrade Arrow to Velocity -$13,689.00
208 3 Spare 12 volt power (each)$375.00
214 1 Install Customer GPS $399.00
215 1 install Customer radio $993.00
221 1 Camera System Rear only $1,140.00
232 1 Intercom System (up to 6 position)$2,960.00
234 5 Intercom Headset - Wired $2,790.00
237 1 IOTA Charger $1,242.00
245 2 Auto-eject 20 amp $1,134.00
255 1 LED Headlights $1,887.00
256 2 12 volt LED Scene - A $2,742.00
258 1 12 volt LED Flood Brow light A $2,102.00
263 2 12 volt LED Flood Recessed or surface (per light) A $2,612.00
267 1 Tail Board Upgrade Package $1,903.00
278 2 Additional Hosebed Divider $1,118.00
279 1 NY Hose Bed $3,013.00
282 1 Pumper Body to Galvaneal -$2,779.00
293 1 Ladder Storage next to tank $5,077.00
301 1 2.5" Direct Tank Fill to Main Intake $4,740.00
310 2 Adjustable Compartment shelves $420.00
312 1 Swing-out tool board $1,832.00
314 3 Slide-out floor tray $2,649.00
323 1 3 Drawer C-Tech 36 wide $2,118.00
326 2 SCBA Cylinder storage in fender panel double (each)$1,886.00
327 1 SCBA Cylinder storage in fender panel triple (each)$1,006.00
336 1 Increase Pump from 1500 to 2000 gpm $4,179.00
338 1 Add Mechanical Seal to Pump $926.00
339 12 Flow Meters, each $23,448.00
342 (1)add 2.5" suction inlet -$1,320.00
344 1 2.5" Discharge front bumper $3,274.00
347 1 Add Front Suction Inlet 4-6" $7,603.00
348 1 Add Rear Suction Inlet $5,669.00
350 2 2.5" Discharge $3,792.00
353 1 Add Large Diameter Side Discharge $6,015.00
392 2 Tank Level LED Group $2,868.00
403 1 LED Emergency Light Package $13,071.00
418 1 Quic-Ladder Access Ladder $2,239.00
422 1 Q2B Siren $4,322.00
27
495 1 Two-tone Cab paint $2,341.00
506 1 Graphics Upgraded 4 $4,934.00
507 3 Extended Chassis Warranty (per year)$15,048.00
563 1 Portable Monitor 2.5" Inlet $6,264.00
589 1 Poly Console Box $1,944.00
1362 3 tool holder, Plastic, Siddons-Martin $1,950.00
5080 8 Reducer, 2.50" FNST x 1.50" MNST, w/Cap $1,147.00
11930 1 Tire, "Crossfire" Air Pressure Equalization $304.00
13492 1 Upgrade Tank NY Style $2,047.00
14823 1 Control, Front Inlet, Electric, w/Indicator Lights $994.00
24831 1 Control, Rear Inlet, Electric, w/Indicator Lights $994.00
70431 10 Control, Outlets, Pierce Handwheel, w/Indicator $10,548.00
568617 1 Recess, Dash Panel, Officer Side $591.00
578959 1 Fuel/Water Separator, Racor Inline $530.00
586885 2 Bracket, Alum. Painted, 12V Recessed Flood Lights, Side Sheet, Each $862.00
597940 1 Install Customer Provided Two-Way Radio Speaker(s)$138.00
603425 1 Extinguisher Mount, Fire Hooks, Hide-Away $308.00
608616 1 Upgrade Lightbar $3,914.00
614270 2 Mounting Plate, 3/16" Aluminum, Cab Interior, 2nd $664.00
616677 1 Notch/Tray, "California" Style Front Inlet, Special Instructions $1,078.00
625184 6 Guard, Drip Pan, S/S, Rollup Door, Pumper $966.00
629546 1 Lights, Deck, Wln (2) MPPW Micro Pioneer LED Rear Flood Lights $1,812.00
635329 1 Modified Poly Tank & Cradle, Ext'd To Rear, Pumper $1,361.00
662563 1 Drain, Remote Air Tank, 1/4 Turn, All Tanks $913.00
725033 1 Backboard Storage, Compt w/Door, Bottom of 4-Way Hose Bed Cover $691.00
730962 1 Filters, Remote Mounted, Oil, Fuel, X12 $2,945.00
737020 1 Tray, Top of Compt, Notched for Ladder Brackets $1,113.00
756103 1 Mounting, Traffic Cones, Post/Fin Style, Tilting, Tailboard $640.00
785102 1 Steps, Folding, Front of Body, Cargo Bed Access, w/LED, Trident $497.00
789261 1 Slide Out Work Surface, Dry Erase Board, Surface Mount, Hinged $1,018.00
Base Bid 527,977.00$
Published Options 241,133.00$
Total with Published Options 769,110.00$
Unpublished Options 38,025.00$ 4.94%
Total Options including Fee 807,135.00$
28
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - _____
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ISSUEAPURCHASE ORDER TOSIDDONS MARTIN
EMERGENCY GROUP, LLC, FOR THE PURCHASE OF A 2022 PIERCE
ARROW XT FIRE PUMPER FOR FIREHOUSE NO. 5; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to issue a purchase order to Siddons Martin Emergency, LLC., in the amount
of $786,258.17 for the purchase of a 2022 Pierce Arrow XT Fire Pumper for Firehouse No.
5.
Section 2. That the City Manager or his designee authorized to issue said purchase order.
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 17th day of August 2021.
________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
________________________________
Jeff Moore, City Attorney
29
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: Megan Charters
Submitting Department: Library
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution adopting The Colony Public Library Strategic Plan for 2021-2025
(Charters)
Suggested Action:
Attachments:
The Colony Public Library Strategic Plan 2021-2025.pdf
Texas Administrative Code Minimum Standards for Accreditation of Libraries in the State Library System.pdf
Res. 2021-xxx The Colony Public Library Strategic Plan 2021-2025.doc
30
The Colony Public Library
Strategic Plan
2021-2025
Approved for recommendation to City Council
by the Library Board on 07-22-2021
Approved by The Colony City Council on __________
31
Introduction
Earning the slogan “City by the Lake,” The Colony extends 23 miles along the eastern shoreline
of Lake Lewisville and occupies 13.7 square miles in southeastern Denton County. The Colony is
located in the fastest-growing area of the Dallas-Fort Worth Metroplex, boasts multiple award-
winning commercial developments, and has steadily increased in population from 26,531 in
2000 to an estimated 44,610 in 2020.
Amid the new economic development flourishing in the city, The Colony retains its small-town
origins, valuing a close sense of community and striving to provide the highest quality of life for
the lowest possible cost. For these reasons, The Colony has a reputation for being a young,
progressive, family-oriented community.
The Colony Public Library (TCPL) is a single-branch library located in the center of the city and
has served the citizens of The Colony and Denton County since 1982. As the community has
developed and diversified, the Library has grown and evolved to meet the chang ing needs of
residents. We continue to play a vital role in the community, enhancing the quality of life in The
Colony by advancing knowledge, fostering creativity, and building community connections. In
recent years, TCPL has received the Achievement of Library Excellence Award for exhibiting
excellence in providing and enhancing services to underserved and special populations; in
promoting cultural and educational programming; in providing literacy support and digital
inclusion; in pursuing collaborative efforts; and in comprehensively training staff.
In March of 2020, when the global COVID-19 pandemic shut down much of the country, we
worked tirelessly to continue providing reliable information, expanding access to valuable
resources, and increasing reach through virtual programming to those staying at home. During
this unique time, The Colony Public Library was open, e ven when our doors were closed.
It is through this experience, a time of rapid change and uncertainty, that the need for
adaptability and flexibility as a civic institution came into focus. With these concepts in mind,
the requirement of developing a detailed long-range plan to retain accreditation with the Texas
State Libraries & Archives Commission transitioned into a desire to develop a dy namic strategic
plan that would serve as a blueprint to guide decision-making for Library staff and stakeholders
over the next five years.
This strategic plan will serve as both a foundation and flexible framework for The Colony Public
Library to reach near-future goals. It will allow us to adapt quickly and to explore new
possibilities as we evolve the ways in which we design and deliver impactful and inclusive
library services to our diverse community. Library staff and stakeholders will consider and
reference the strategic focus areas when setting quarterly and annual goals to ensure that
continuing objectives and new endeavors align with our mission, vision, and guiding values. The
intended outcome of this strategic plan is that lives are changed and our community is
strengthened and supported with opportunities to enrich, engage, and explore.
32
Process & Methodology
Beginning with a comprehensive review of The Colony Public Library Long-Range Plan 2016-
2020, the strategic planning process began in February 2020. Following a presentation of
Strategic Planning in a Deeply Weird World at the 2020 Public Library Association conference,
TCPL staff, Library Board members, and officers of the Friends of The Colony Public Library took
part in an exercise designed to elicit and highlight the value each participant saw in the Library.
This inward-facing exercise, with meaningful responses from more than 30 contributors,
produced a list of values that, though highly individual, had several areas of overlap. These
overlapping attributes – community-driven, trustworthy and knowledgeable, inclusive and
accessible – formed the basis for the guiding principles presented in this plan. We learned we
also value and are proud to provide compassionate service, opportunities for lifelong learning,
and creative and cultural experiences.
Turning outward in the autumn of 2020, The Colony Public Library created and distributed the
Strategic Planning Survey to gather critical input from the public. Library staff designed this
survey to garner feedback about how our community currently uses the Library, as well as what
they envision for their library over the next several years. What we found is that residents use
and value the Library for our core services, including access to physica l collections and
technology, programming for all ages, and informational assistance.
When asked which aspects of the Library’s collection would be of value to patrons and their
families over the next five years, our community indicated they wanted increased access to and
availability of physical and digital materials and resources. This includes more popular and best -
selling materials, as well as several options for downloadable and/or streaming services.
Concerning future services offered by the Library, the public values a wide range of arts and
cultural experiences for all ages, including online classes and virtual programming. They also
want to learn more about their personal histories and form a connection with the rich history of
the area that is now The Colony.
The Strategic Planning Survey also gave patrons the opportunity to provide feedback on
barriers to service. Many expressed that the current facility is small and outdated, with no room
to grow or offer quiet study space, creative equipment use, or dedicated areas for children,
teens, and adults. Community members were also frustrated with inconsistent daily hours and
cumbersome access to online services through the Library’s website and catalog.
The next step in the strategic planning process was to host forums for community input. We
used Libraries Transforming Communities: Community Conversation Workbook, developed by
the American Library Association and The Harwood Institute, as a model for our sessions. In
February 2021, The Colony Public Library hosted several Community Conversations to better
understand people’s aspirations for their community, what they value, and what they believe
might make a difference in strengthening the community. Rather than ask participants what
they needed from a library specifically, the aim of these conversations was to find out what the
community needed for personal growth, fulfillment, and enrichment.
33
Responses from the Community Conversation sessions revealed a desire for a diverse, well-
informed, and engaged community. People want to “feel connected” to their neighbors and be
able to experience culturally diverse events, programs, and services. They want to reemerge
from the stay-home pandemic way of life and participate in civic groups and activities.
In evaluating responses from both the Strategic Planning Survey and Community Conversations,
we noticed a common thread: a significant portion of the community is unaware of what TCPL
offers. As they currently stand, the Library’s communication outlets – website, in-library
publicity, social media accounts, weekly newsletters, quarterly city-wide activity catalogs – are
not reaching the public in an optimal manner.
The last step in the strategic planning process was to connect with community groups and
stakeholders. The Community Stakeholder Survey was sent to local schools and preschools,
churches, and non-profit organizations, as well as The Colony Chamber of Commerce, City
department directors, and Denton County groups. We wanted to know what the top priorities
were for each organization, what barriers they were facing, and what social issues they
addressed in their work. We also asked how the Library could support their missions. Though
participation was limited, the feedback provided was invaluable and outlined specific ways in
which the Library could support and collaborate with the community in significant ways.
From the responses to the Strategic Planning Survey, the Community Conversations, and the
Community Stakeholders Survey, we evaluated what might make The Colony Public Library’s
work in the community more effective and meaningful. The feedback directly led to the
development of this plan and the result is an aspirational, goal-setting document anchored by
the Library’s newly-developed mission, vision, and principles and guided by the strategic
priorities that emerged as part of the process.
34
Mission, Vision, and Guiding Principles
Mission Statement:
The Colony Public Library is a trusted community resource that responds to the diverse and
evolving needs of the public and provides free and equitable access to information, materials,
and services.
Vision Statement:
The Colony Public Library is welcoming and inclusive, providing opportunities for lifelong
learning, fostering community connections, and enriching lives.
Guiding Principles:
We are:
Community-driven
Trustworthy & Knowledgeable
Inclusive & Accessible
We provide:
Compassionate Service
Opportunities for Lifelong Learning
Creative & Cultural Experiences
Motto:
Enrich. Engage. Explore.
35
Strategic Priorities
Community Engagement: Foster community engagement through strategic
partnerships and cultural and diverse programming to reflect the unique and
evolving needs of the public.
When asked what aspirations residents had for their community, the overwhelming majority
envisioned an engaged, well-informed, and inclusive place to live. Survey responses indicated a
desire for family-oriented and intergenerational programs and activities, expanded educational
opportunities for adults, and a wide range of arts and cultural experiences for all ages.
These aspirations are reflected in the Library’s current early literacy programming, family-
friendly activities, and creative and instructional opportunities for tweens, teens, and adults. To
further support community engagement, we will explore new and creative programs and
services, as well as expand existing partnerships with area businesses, community groups, and
local schools to include social, civic, and health organizations.
The Colony is an evolving, multicultural city and the Library will work to align public services
with the characteristics and needs of the population served. TCPL will continue to develop and
enhance public service programming by leveraging our resources, along with those of other
organizations and groups, to offer programs that reflect our culturally diverse community, take
advantage of non-traditional programming locations and outlets, and stimulate an interest in
the arts.
Needs:
Continued assessment of community needs and expectations
Programs & services that reflect the diverse and evolving community
Enhanced family-oriented programming
Expanded adult programs & services
Facilitated arts & cultural experiences
Objectives:
Perform audit to determine efficacy of existing programs & services
Continue to solicit community feedback to use in planning future programs & services
Develop ongoing and purposeful partnerships with area businesses, organizations, and
institutions
Develop programming that incorporates multicultural and diverse perspectives,
celebrates arts & culture, and fosters community engagement
Seek opportunities to expand existing family-oriented and intergenerational
programming
Provide additional programs, workshops, and classes for adults
Take advantage of non-traditional programming outlets and locations
36
Learning & Literacy: Advance learning and critical literacies in support of shared
community outcomes and provide opportunities for personal development and
growth.
The Colony Public Library supports learning at every stage of life and embraces an expanded
definition of literacy to include all literacies critical for success in the 21 st century. These critical
literacies include early literacy, digital literacy, health literacy, financial literacy, and civic
literacy, among others.
The Library currently offers early literacy programming and supports student success in school
settings; we are also dedicated to enhancing self-directed and interest-based learning for
children, teens, and adults outside of formal educational boundaries. In addition to providing
opportunities for lifelong learning and personal growth, TCPL is committed to aiding workforce
development and small business and entrepreneurial success.
To strengthen shared community outcomes such as school readiness, student learning,
workforce development, sustainable livelihoods, physical and mental well-being, and aging
well, the Library will strengthen current services and develop future offerings that address
critical literacies. We will also connect with partner organizations to identify literacy gaps in the
community and work collaboratively to create positive experiences and outcomes for all.
Needs:
Strengthened support for critical literacies
Expanded learning opportunities at every stage of life
Assistance for job and career success
Support for all learning styles
Access to technology and learning tools
Objectives:
Invest in programs & services to close identified gaps in and to support the development
of critical literacies
Develop strategic partnerships to expand the Library’s capacity to provide learning
opportunities
Expand educational partnerships with area schools and organizations
Promote and provide opportunities for discovery and self-directed learning for all ages
Support learning through increased access to technology, tools, and resources
Provide support for different styles of learning
37
Equitable Access: Increase access to and availability of Library resources and
services.
The Colony Public Library’s collection aims to encourage recreational reading, build literacy
skills, and fulfill the informational interests of the community through a variety of formats and
media. In addition to library materials, and alongside robust programming, we offer the public
informational and technological services in the form of reference assistance and reader’s
advisory, computer access and support, and basic business services, such as printing, faxing,
and copying.
When asked about the Library’s collection, survey responders ranked additional copies of
popular and bestselling titles for adults as the most valuable enhancement and expressed a
desire for more physical and digital materials for all ages. Residents also indicated an eagerness
to explore TCPL’s local history archives, the majority of which are currently inaccessible to the
public. Other noted barriers to access and service include inconsistent daily hours of operation
and issues of findability and discoverability in the Library’s building, online catalog, and website;
in addition, Library staff would like to expand the diversity of the collection and review and
revise potentially exclusive policies and fees.
To ensure that all library users have equitable access to information, ideas, an d technology, and
that they are supported in using the Library’s services, The Colony Public Library will improve
our collection of electronic resources and physical and digital materials for checkout and
download. We will work to provide expanded, authoritative, and inclusive material and services
that have broad appeal and are easily accessible.
Needs:
Continued assessment of community needs and expectations
Collections & services that reflect the diverse and evolving community
Expanded physical & digital collections
Access to local history resources
Improved accessibility of physical & digital collections
Objectives:
Perform collection audit to ensure quality, diversity, and relevancy of Library materials
Perform policy audit to identify and address potential barriers to access and service
Expand use of data-driven analytics and community feedback to guide selection of new
materials that reflect the needs and expectations of the public
Address issues of findability and discoverability in the Library’s building, online catalog,
and website
Improve physical & digital collection so that it is of sufficient size, has broad appeal, and
is easy to access
Establish consistent daily hours of operation
Increase accessibility of local history archives through cataloging and digitization as
needed
38
Community Visibility: Increase Library visibility in the community and expand
awareness of Library resources and services.
The Colony Public Library has historically relied on traditional methods of communication with
the public, including signage, word-of-mouth, email newsletter blasts, the Library’s website,
and inclusion in the City’s quarterly activity catalogs. In recent years, we have expanded our
visibility in the community through increased in-person outreach and dedicated social media
accounts.
Despite the Library’s current efforts, the need for optimized communication and a heightened
visibility in the community became apparent during the information-gathering phase of the
strategic planning process. Feedback indicated a general lack of awareness, from both users
and non-users, of The Colony Public Library and what we offer in terms of materials, services,
and programs. In addition, responders expressed a desire to see TCPL function as both a source
of information for and about our community.
To address these needs, the Library will identify new and creative ways to increase visibility in
the community and communicate with the public. We will investigate and implement effective
marketing techniques and tools, continue to stay active and relevant online, and expand our
presence in the community.
Needs:
Increased visibility in the community
More effective communication & marketing
Objectives:
Expand Library presence at community events & off-site programs
Partner with Friends of The Colony Public Library to raise funds for outreach vehicle to
expand visibility of the Library beyond its physical space
Establish Library branding and develop marketing plan
Implement new and creative methods to promote Library materials, services, and
programs, both in-person and online
Investigate and advocate for dedicated marketing specialist position
Act as a hub of information for and about the community
39
Customer Service & Employee Engagement: Provide excellent customer service as
public needs evolve through continued investment in employee engagement and
training.
The Colony Public Library strives to foster a culture of caring, learning, and recognition to create
a safe and inclusive workplace where staff find personal meaning in their roles and feel they are
making a difference in the community. We leverage the diverse skills, talents, and expertise of
employees to maximize productivity and develop impactful programs and services that address
the evolving needs of the public.
TCPL supports the DICE values established by the City: Dynamic work environment; Integrity;
Compassionate service; and Excellence focused. To align with these values, employees are
encouraged to seize opportunities to grow through continued training and self-improvement;
Library staff should also exhibit trustworthiness, reliability, empathy, and sincerity. The DICE
mindset and methodology creates proven positive experiences for residents and employees
and propels both the Library and the community forward.
To realize the work outlined in this document, The Colony Public Library must establish ways to
empower employees and increase internal capacity while maintaining current programs and
services and upholding core City values to provide the best possible library experience for
residents, volunteers, and Library staff.
Needs:
Excellent customer service experiences
Continued opportunities for staff development & training
Align staff capacity with strategy
Objectives:
Create a culture of staff empowerment
Provide employees with tools, training, and authority needed to excel
Ensure all staff have working knowledge of Library materials, programs, and services
Invest in and expand opportunities for staff development & train ing
Maximize allocation of staff resources
40
Library Facility: Maintain, improve, and maximize use of the current Library
facility and plan for a future Library space.
The current facility at 6800 Main Street has served The Colony Public Library well over the last
two decades; however, as both the Library’s offerings and services, as well as the population of
The Colony, have increased, space has been at a premium. Library collections are at capacity
and programming is limited due to space constraints and unavailability of inter-departmental
meeting rooms.
According to quantitative recommendations and standards, at 15,266 sq. ft., The Colony Public
Library is currently at a 31.7% space deficit, a percentage that will increase with each passing
year. When examining square feet per capita among peer benchmark cities, TCPL should have a
minimum of 26,814 sq. ft. at population buildout (est. 53,522 population); when considering
recommended standards from the Texas State Library, Texas Library Association, and National
Institute of Building Sciences, the library facility should fall between 28,452 and 35,867 sq. ft. at
population buildout.
When asked about the Library’s facility in the information-gathering phase, survey responders
ranked outdoor space, meeting rooms, and defined areas for children, teens, and adults highly,
none of which is feasible at the current location. Residents also expressed an interest in a digital
media lab, creative technology equipment, book drop locations throughout The Colony, and
after-hours material pickup options.
To meet the public services needs of the community and to reach the full potential of The
Colony Public Library, the Library must be expanded and renovated or be relocated. We will
work closely with City Administration to convey space needs and effective library design and
usage trends to create the best possible facility for our community.
Needs:
Maximize current facility
Plan for future Library space
Objectives:
Expand capacity for service beyond the Library’s physical location through community
outreach, technology, and digital services
Enhance overall appearance and functionality of current Library facility
Communicate future Library space needs to City Administration and assist in
identification of potential facility options
41
Texas Administrative Code
TITLE 13 CULTURAL RESOURCES
PART 1 TEXAS STATE LIBRARY AND ARCHIVES
COMMISSION
CHAPTER 1 LIBRARY DEVELOPMENT
SUBCHAPTER C MINIMUM STANDARDS FOR ACCREDITATION OF
LIBRARIES IN THE STATE LIBRARY SYSTEM
RULE §1.83 Other Requirements
Each public library applying for membership in the Texas Library System must meet
the following requirements:
(1) The library must have a website and a telephone with a published number.
(2) The library must have available both a photocopier and a computer with Internet
access for use by the library staff and at least one computer with Internet access and
printing/copying capabilities for the general public.
(3) The library must offer to borrow materials via the interlibrary loan resource
sharing service for persons residing in the library's designated service area. A library
must also participate in the interlibrary loan resource sharing service by lending its
materials to other libraries, as requested. The library governing board may adopt
policies regarding materials available for loan and the length of the loan, the good
standing of the borrower, and other relevant issues; these policies must be available
for the public.
(4) The library director must have a minimum of ten hours of continuing education
credits annually. Continuing education activities must be instructional and may
include workshops, appropriate sessions at library association conferences,
instructional webinars, and distance education courses. Board meetings, public
hearings, other business meetings, author luncheons, and other non -instructional
sessions are not considered continuing education activities. The director must
maintain appropriate documentation of participation, duration, and relevance to the
operation of a library.
(5) The library must have a catalog of its holdings available to the public that is
electronically searchable at a minimum by author, title, and subject.
(6) The library must have a long-range plan that is approved by its governing board.
This plan must be reviewed and updated at least every five years and must include a
collection development element and a technology element.
42
Source Note: The provisions of this §1.83 adopted to be effective March 31, 2005,
30 TexReg 1765; amended to be effective September 2, 2007, 32 TexReg 5365;
amended to be effective November 30, 2014, 39 TexReg 9200
43
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - ______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
ADOPTING A STRATEGIC PLAN FOR THE COLONY PUBLIC
LIBRARY 2021-2025; THAT ADOPTION OF THIS PLAN IS IN
COMPLIANCE WITH THE MINIMUM STANDARDS OF
ACCREDITATION OF PUBLIC LIBRARIES IN THE TEXAS
STATE LIBRARY SYSTEM; ATTACHING THE APPROVED
STRATEGIC PLAN AS EXHIBIT A; AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas, hereby approves
the Strategic Plan 2021-2025 for The Colony Public Library.
Section 2.That adoption of this plan is in compliance with the Minimum Standards of
Accreditation of the Public Libraries in the Texas State Library System.
Section 3.That a true and correct copy of the Strategic Plan 2021-2025 is attached
hereto and incorporated herein.
Section 4.That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS THE 17TH DAY OF AUGUST 2021.
______________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
__________________________________
Jeff Moore, City Attorney
44
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Discussion
Agenda Section:
Subject:
Conduct a public hearing and discuss the proposed 2021-2022 tax rate not to exceed $0.65 cents per $100
valuation for the taxable value of real and personal property located within the City of The Colony, and announce
that the tax rate will be voted on September 7th, 2021 at 6:30 p.m. at The Colony City Hall, 6800 Main Street
(Miller)
Suggested Action:
Tax rate is being reduced by 1/2 a cent from $.655 to $.65.
Attachments:
45
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Discussion
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider the City of The Colony Preliminary Municipal Budget
2021-2022. (Miller)
Suggested Action:
Local Government Code requires a public hearing on the budget to receive input from the public.
Attachments:
Preliminary Budget 21-22.pdf
46
Preliminary Budget
2021/2022
July 30, 2021
47
48
TABLE OF CONTENTS
City Manager’s Message ..................................................................................... 1
General Fund ....................................................................................................... 2
Parks Fund .......................................................................................................... 5
Utility Fund ........................................................................................................... 6
General Debt Service .......................................................................................... 7
Utility Tax Supported Debt ................................................................................... 8
Economic Development Corporation ................................................................... 9
Community Development Corporation ............................................................... 10
TIRZ ONE PID ................................................................................................... 11
Lake Parks Fund ................................................................................................. 12
Special Events Fund .......................................................................................... 13
Hotel/Motel Tax Fund .......................................................................................... 14
Court Security Fund ............................................................................................ 15
Court Technology Fund ...................................................................................... 16
Juvenile Cash Manager Fund ............................................................................. 17
Commercial Vehicle Fund .................................................................................. 18
Court Time Payment Fund ................................................................................. 19
Municipal Jury Fund ............................................................................................ 20
Child Safety Fund .............................................................................................. 21
Trinity North Fund .............................................................................................. 22
Cares Act Fund .................................................................................................. 23
Capital Projects Administration Fund ................................................................. 24
Storm Water Utility Fund ..................................................................................... 25
Water/Sewer Impact Fees Fund ........................................................................ 26
Citizen Donation Fund ........................................................................................ 27
Keep the Colony Beautiful Fund ........................................................................ 28
CIP ...................................................................................................................... 29
49
50
City of The Colony
Memorandum
To: Mayor and City Council Members
From: Troy Powell, City Manager
Tim Miller, Assistant City Manager
Date: July 29th, 2021
Reference: Preliminary FY 2021-22 Budget
Enclosed is the preliminary budget for FY 2021-22. The purpose of this memo is to
summarize significant items in the budget as well as to identify issues that will need to
be considered.
Key principles of the budget are as follows:
• Total operating revenues increased by $4.7 million due primarily to property tax
receipts and utility billing.
• One quarter cent reduction in the property tax rate ($.655 to $.6525)
• Utility rates increased by 5% to fund phase II wastewater treatment plant.
• Property values frozen for those over 65.
• Utility bill discounts for veterans.
• Total operating expenses increased by $600k due primarily to personnel costs.
• Fund balances operating days will remain the same as last year’s budget:
General Fund 80 days; Utility Fund 60 days; and Parks 60 days.
The proposed FY 2021-2022 Budget is respectfully submitted for your review.
1 of 33 51
52
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
Current Property Taxes 23,395,083 25,742,944 26,103,825 29,677,674
Rendition Penalty Revenue 5,779 9,755 4,000 5,000
Ag. Roll Back Taxes - - 4,000 -
Delinquent Property Tax 188,279 77,196 50,000 75,000
Penalties & Interest 80,804 86,428 80,000 80,000
Total 23,669,945 25,916,323 26,241,825 29,837,674
Sales Taxes 7,666,068 7,051,646 7,200,000 8,000,000
Mixed Beverage Tax 424,443 391,301 300,000 450,000
Total 8,090,511 7,442,947 7,500,000 8,450,000
Electric 1,433,033 1,439,759 1,400,000 1,400,000
Natural Gas 189,409 181,608 190,000 180,000
Telephone 260,360 182,763 235,000 180,000
PEG Fees 50,793 96,201 60,000 90,000
Video 290,256 385,474 350,000 350,000
Sanitation-Residential 203,521 208,020 200,000 200,000
Sanitation-Commercial 248,065 271,608 200,000 250,000
Total 2,675,437 2,765,433 2,635,000 2,650,000
TOTAL TAXES 34,435,893 36,124,703 36,376,825 40,937,674
Building Permits-New Homes 984,402 842,781 775,000 650,000
Building Permits-Other 601,116 509,925 400,000 400,000
Commercial Permits 265,336 96,950 110,000 20,000
Certificates Of Occupancy 5,350 5,175 5,000 5,000
Zoning Fees 13,319 5,307 6,000 6,000
Fire Fees 22,941 22,737 20,000 20,000
Solicitors Permits 4,755 5,742 4,000 4,000
Health Permits 136,490 127,640 150,000 125,000
Platting Fees 11,045 9,135 24,000 10,000
Alcohol Permits 21,405 27,120 15,000 25,000
Code Enforcement Fees 24,611 18,328 18,000 18,000
Eng Inspection Overtime Fee 1,280 2,120 1,000 1,000
Inspection Fees 68,351 162,997 20,000 20,000
Grading Permit 3,802 1,998 1,000 1,000
TOTAL LICENSES & PERMITS 2,164,203 1,837,955 1,549,000 1,305,000
Ambulance Calls 756,243 794,093 675,000 750,000
Ambulance Subscription Revenue 23,111 22,883 20,000 20,000
Service Liens 13,490 22,531 20,000 20,000
Denton County Engine Response 2,480 - 1,500 1,500
County Ambulance Funds 22,443 21,438 21,000 21,000
County Fire Funds 10,000 10,000 10,000 10,000
Total 827,767 870,945 747,500 822,500
County Library Funds 38,800 43,405 39,000 39,000
Total 38,800 43,405 39,000 39,000
Revenue & Expenditure Projections
Fiscal Year 2021-2022
Franchise Taxes
LICENSES & PERMITS
GENERAL FUND
CHARGES FOR SERVICES
TAXES
Ad Valorem Taxes
City Sales Taxes
Fire & Ambulance
Library
2 of 33 53
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
Revenue & Expenditure Projections
Fiscal Year 2021-2022
GENERAL FUND
TOTAL CHARGES FOR SERVICES 866,567 914,350 786,500 861,500
Municipal Court Fines 864,702 595,913 785,000 550,000
Library Fees 10,632 8,058 10,000 10,000
Animal Control Fees 19,552 22,880 20,000 20,000
TOTAL FINES AND FORFEITURES 894,886 626,851 815,000 580,000
Interest Income 736,874 299,388 125,000 25,000
TOTAL INVESTMENT INCOME 736,874 299,388 125,000 25,000
Auction Proceeds 30,463 30,463 30,000 10,000
Tower Rental Fees 311,983 335,532 300,000 300,000
Insurance Reimbursement 2,150 - 1,000 1,000
LEISD SRO Reimbursement 76,722 88,227 88,000 95,000
LISD SRO Reimbursement 160,480 243,863 243,863 256,000
Miscellaneous 2,178,260 108,036 65,000 65,000
Police Reports 4,485 4,754 4,000 4,000
Alarm Fees 40,806 37,181 30,000 30,000
TOTAL OTHER REVENUES 2,805,349 848,056 761,863 761,000
TOTAL REVENUES 41,903,772 40,651,303 40,414,188 44,470,174
Transfer - Storm Water Utility 50,000 50,000 50,000 50,000
Transfer In-GF Capital Projects 46,613 -
Transfer - Child Safety Fund 10,000 10,000 10,000 10,000
151,756 154,207 151,206 153,356
241,950 244,813 244,396 244,432
51,470 49,457 49,610 49,671
128,400 131,000 131,000 131,288
Transfers In - Parking Lot (CDC)64,554 66,091 66,091 65,265
Transfers In - 4B 5 Starr 532,000 - - -
Transfers In - CARES Fund - 2,440,350 -
Transfers in - KTKB 73,000 - -
TOTAL TRANSFERS 1,276,743 778,568 3,142,653 704,012
43,180,515 41,429,871 43,556,841 45,174,186
OTHER REVENUES
TRANSFER IN
TOTAL REVENUES & TRANSFERS
INVESTMENT INCOME
Transfers In - EDC S. Colony Conn-Ph2
Transfers In - EDC - Cascades
Transfers In - EDC - Memorial Drive
Transfers In - Hike & Bike Trail (CDC)
FINES AND FORFEITURES
3 of 33 54
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
Revenue & Expenditure Projections
Fiscal Year 2021-2022
GENERAL FUND
Non-Departmental 11,510,338 8,099,918 9,458,852 10,020,199
General Administration 1,463,502 1,160,271 1,551,726 1,779,349
City Council 163,259 83,694 79,520 88,520
Community Image 616,694 538,946 521,462 531,973
City Secretary 379,874 440,776 411,434 429,893
Human Resources 554,250 657,156 648,868 685,357
Finance 1,085,174 1,174,731 1,142,116 1,296,299
Information Technology 799,101 774,889 843,513 1,024,817
Municipal Court 385,181 386,159 449,533 487,265
Communications 1,149,546 1,248,545 1,350,830 1,453,610
Fire 9,270,176 9,012,586 10,931,081 11,916,713
Police 9,755,890 9,833,565 11,198,119 11,689,484
Animal Control 452,641 476,702 482,083 489,359
Library 1,139,249 1,144,412 1,278,933 1,269,344
Engineering 1,825,389 1,821,887 2,042,211 2,191,824
Facilities Maintenance 952,440 908,898 1,102,379 1,073,346
Fleet Services 893,123 911,071 1,093,711 1,190,378
Personnel Additions - - 721,670 -
Raises/Health Care - - 1,414,942 -
CIP Debt and Cash Items - - 1,570,000 6,400,000
TOTAL EXPENDITURES 42,395,827 - 38,674,206 48,292,983 54,017,730
Transfer - CVB 115,000 115,000 115,000 115,000
Transfer - Special Events 40,000 40,000 40,000 340,000
Transfer - KTB 5,000 - - 10,000
Transfer - Utility 110,000 - - -
Transfer - Parks Fund 2,799,000 3,066,823 2,831,823 2,946,823
Transfer - Utility Cap - -
Transfer - Trinity North 20,000 20,000
Transfer - G.F. Special Cap 450,000 2,441,970 - -
TOTAL TRANSFER OUT 3,519,000 5,663,793 3,006,823 3,431,823
45,914,827 44,337,999 51,299,806 57,449,553
OH COST ALLOCATION (3,945,663) (6,346,469) (6,346,461) (6,846,461)
13,272,630 14,483,981 17,922,322 16,525,818
1,211,351 3,438,341 (1,396,504) (5,428,907)
14,483,981 17,922,322 16,525,818 11,096,911
14,483,981 17,922,322 16,525,818 11,096,911
126 172 134 80
BEGINNING FUND BALANCE
EXPENDITURES
TRANSFER OUT
TOTAL EXPENDITURES & TRANSFERS
EXCESS/(DEFICIENCY)
ENDING FUND BALANCE
UNRESERVED FUND BALANCE
Working Days in Fund Balance
4 of 33 55
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
Recreation Program Revenue 219,230 65,316 200,000 190,000
Athletic Program Revenue 68,081 31,578 71,000 50,000
Athletic & Recreation Facility Revenue 160,368 126,793 174,000 160,000
Pass Revenue 19,917 10,907 14,000 15,000
Total 467,596 234,594 459,000 415,000
Swimming Lessons 204,307 89,239 165,000 165,000
Entrance Fees 43,016 2,404 40,000 25,000
Concession Sales 2,052 12 1,000 1,000
Private Party Fees 79,195 67,393 65,000 75,000
Total 328,570 159,048 271,000 266,000
Rental Revenue 18,203 7,195 15,000 14,000
Program Revenue 1,363 193 1,000 1,200
Travel Commissions - - - -
Membership Fees 6,914 6,440 6,000 6,000
Total 26,480 13,828 22,000 21,200
TOTAL CHARGES FOR SERVICES 822,646 407,470 752,000 702,200
Horizon Lease Payment 193,944 95,361 215,000 140,000
Miscellaneous 54,722 25,148 6,500 6,500
Interest Income 62,155 16,946 35,000 1,000
TOTAL OTHER INCOME 310,821 137,455 256,500 147,500
TOTAL REVENUES 1,133,467 544,925 1,008,500 849,700
Transfer - General Fund 2,799,000 3,066,825 2,831,823 2,946,823
Transfer - CDC Five Star Maintenance 165,000 165,000 165,000 165,000
Transfer - CDC Fund Personnel 134,845 134,845 134,845 134,845
Transfer - Lake Parks Fund 35,000 35,000 35,000 35,000
TOTAL TRANSFERS 3,133,845 3,401,670 3,166,668 3,281,668
4,267,312 3,946,595 4,175,168 4,131,368
Non-Departmental 1,121 10,883
Parks & Recreation 2,389,634 2,102,545 2,649,918 2,592,579
Aquatic Park 514,096 345,698 560,533 572,320
Community Center 197,080 207,688 237,083 246,936
Capital - - - -
TOTAL EXPENDITURES 3,101,931 2,666,814 3,447,534 3,411,835
OH COST 1,014,189 1,014,189 1,014,398 1,014,398
874,473 1,025,665 1,291,257 1,004,493
151,192 265,592 (286,764) (294,865)
1,025,665 1,291,257 1,004,493 709,628
91 128 82 60
PARKS FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
TOTAL REVENUES & TRANSFERS
EXPENDITURES
CHARGES FOR SERVICES
Parks & Recreation
Aquatic Park
Community Center
EXCESS (DEFICIENCY)
OTHER INCOME
Working Days in Fund Balance
ENDING FUND BALANCE
BEGINNING FUND BALANCE
TRANSFER IN
5 of 33 56
2018-2019 2019-2020 2020-21 2021-2022
Actual Actual Budget Budget
CHARGES FOR SERVICES
11,642,408 12,620,935 13,332,375 13,998,994
6,311,393 6,589,826 7,117,950 7,473,848
20,530 7,640 20,000 8,000
410,823 436,105 450,000 425,000
311,895 311,060 350,000 300,000
579,359 227,674 150,000 25,000
151,001 75,035 80,000 75,000
Recycling Billing 37,243 50,816 15,000 15,000
Recycling Education Contribution - 72,000 36,000 36,000
19,464,652 20,391,091 21,551,325 22,356,841
TRANSFERS IN
100,000 100,000 100,000 100,000
110,000 - - -
210,000 100,000 100,000 100,000
TOTAL REVENUES & TRANSFERS 19,674,652 20,491,091 21,651,325 22,456,841
EXPENDITURES
36,968 8,646 459,500 352,000
3,665,451 3,771,675 4,045,169 4,320,626
1,452,386 1,147,709 1,305,306 1,324,453
1,223,696 1,414,278 1,462,519 1,651,622
808,796 1,284,421 1,324,313 1,443,191
2,090,568 1,960,453 2,402,648 2,546,275
Storm Water - Engineering 39,048 3,000 83,100 83,100
Storm Water - Public Works 137,786 100,755 160,960 165,032
Environmental 212,500 170,991 186,193 249,641
Capital - - - -
9,667,199 9,861,928 11,429,708 12,135,940
TRANSFERS OUT
- - - -
6,000,000 6,000,000 7,720,000 6,000,000
- - - -
- -
TOTAL TRANSFERS OUT 6,000,000 6,000,000 7,720,000 6,000,000
15,667,199 15,861,928 19,149,708 18,135,940
OH COST 2,593,752 4,994,365 5,153,630 5,653,630
6,826,291 8,239,992 7,874,790 5,222,777
1,413,701 (365,202) (2,652,013) (1,332,729)
8,239,992 7,874,790 5,222,777 3,890,048
165 138 78 60
Transfer - General Fund
Transfer - Utility Debt Service
Transfer - D. S. Revenue bonds
Transfer - Special Projects
Transfer - Capital Projects Admin
TOTAL EXPENDITURES & TRANSFERS
BEGINNING FUND BALANCE
EXCESS (DEFICIENCY)
ENDING FUND BALANCE
Working Days in Fund Balance
Wastewater
Utility Administration
Public Works
TOTAL EXPENDITURES
Transfer - Storm Water Utility Fund
TOTAL TRANSFERS IN
Non-Departmental
Water Production
Water Distribution
Transfer - General Fund
TOTAL REVENUES
Water Service
Wastewater Service
UTILITY FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
Reconnect Fees
Penalties
Tap Connection Fees
Interest Income
Miscellaneous
6 of 33 57
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
Revenues
7,449,109 8,544,678 8,437,600 9,641,478
61,958 28,339 40,000 25,000
- - 30,000 0
27,667 28,470 25,000 25,000
115,126 43,535 75,000 40,000
Bond Proceeds - 6,332,460 --
Bond Premiums 2,663,273
3,673 - --
7,657,533 17,640,755 8,607,600 9,731,478
TOTAL REVENUES & TRANSFERS 7,657,533 17,640,755 8,607,600 9,731,478
EXPENDITURES
- -- -
- -- -
740,000 620,120 --
174,798 153,465 --
Refunding Bonds - 2010/2001 532,000 - - -
Refunding Bonds - 2011/2002 696,084 697,072 698,896 703,456
Refunding Bonds - 2012/2003 &2007 220,163 227,588 225,263 222,825
151,756 154,206 151,506 153,356
Refunding Bonds - 2013/2004 GF/Utility 371,550 372,650 372,050 371,750
Refunding Bonds - 2014/2006 GF/Utility 268,732 269,624 268,264 268,893
Refunding Bonds - 2015/2005 &2007 GF/Utility 1,223,014 1,223,966 1,102,686 688,398
Refunding Bonds - 2020/2010 &2010A -- 898,590 815,681
Certificates of Obligation - 2014 221,603 221,624 221,887 221,476
Certificates of Obligation - 2016 1,127,801 942,759 1,133,488 1,131,913
Certificates of Obligation - 2018 1,092,150 1,094,265 1,084,185 1,085,085
Certificates of Obligation - 2019 241,353 996,080 995,972 992,717
Certificates of Obligation - 2020 - 137,903 759,934 253,938
Certificates of Obligation - 2021 - - - 469,800
Governmental Capital 10 year note (2)112,263 112,263 112,263 112,263
Equipment Capital Lease 10 year Oshkosh - 228,090 288,901 135,693
Governmental Capital 3 year note (1) 227,381 227,530 227,530 0
Refunding of 2010 and 2010A Cos 7,363,663
285,436 342,047 200,000 200,000
TOTAL EXPENDITURES 7,686,084 15,384,915 8,741,415 7,827,244
Transfer - General Fund - - - - -
Transfer - CIP - - - - -
TOTAL EXPENDITURES & TRANSFERS 7,686,084 15,384,915 8,741,415 7,827,244
(28,551) 2,255,840 (133,815) 1,904,234
1,159,563 1,131,012 3,386,852 3,253,037
1,131,012 3,386,852 3,253,037 5,157,271
GENERAL DEBT SERVICE
Revenue & Expenditure Projections
Fiscal Year 2021-2022
Ag. Roll Back Taxes
TOTAL REVENUES
Current Property Taxes
Delinquent Property Taxes
Penalty & Interest
Investment Income
Misc Income
Certificates of Obligation - 2007
TRANSFER OUT
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Certificates of Obligation - 2008
Certificates of Obligation - 2010
Certificates of Obligation - 2010A
Certificates of Obligation - 2013
Fiscal Agent Fees & Other
7 of 33 58
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
CHARGES FOR SERVICES
---
1,074 - -
---
70,670 19,425 -
Fees 454,591 465,057 400,000 400,000
Gain on Refunding 23,118
- - - -
526,335 507,600 400,000 400,000
TRANSFERS IN
Transfers In - EDC 4A 305,550 306,702 305,714 305,759
Water/Sewer Impact Fees 1,000,000 1,000,000 1,000,000 750,000
Revenue Bond Refunding
Revenue Supported Debt Balance Transfer - -
Transfers In - Utility Fund 6,000,000 6,000,000 7,720,000 6,000,000
Premium 394,334 419,743 - -
7,699,884 7,726,445 9,025,714 7,055,759
TOTAL REVENUES & TRANSFERS 8,226,219 8,234,045 9,425,714 7,455,759
EXPENDITURES
Certificates of Obligation - 2007 ----
Certificates of Obligation - 2010 260,000 217,880 - -
Certificates of Obligation - 2010A 35,802 31,535 - -
General Obligation Refunding Bonds - 2011 219,816 220,128 220,704 222,144
Revenue Refunding Bonds 2012 (03,07,08)73,388 75,862 75,088 74,275
General Obligation Refunding Bonds - 2013 1,486,000 1,490,600 1,488,200 1,487,000
General Obligation Refunding Bonds - 2014 1,312,043 1,316,400 1,309,761 1,312,832
General Obligation Refunding Bonds - 2020 - 30,053 171,160 266,319
Cetificate of Obligation - 2014 1,361,278 1,361,406 1,363,019 1,360,493
Cetificate of Obligation - 2015 823,650 823,450 827,350 820,450
Cetificate of Obligation - 2015 Refunding 575,536 576,784 401,264 323,952
Cetificate of Obligation - 2016 483,343 676,259 485,781 485,106
Cetificate of Obligation - 2018 121,350 121,584 120,465 120,565
Cetificate of Obligation - 2019 147,926 610,500 610,434 608,439
Cetificate of Obligation - 2020 - - 759,935 761,813
Cetificate of Obligation - 2021 - - - 130,200
Fees/Cost of Issuance 2,871 317,974 20,000 20,000
Transfer - CIP - -
TOTAL EXPENDITURES 6,903,003 7,870,415 7,853,161 7,993,588
1,323,216 363,630 1,572,554 (537,829)
2,004,960 3,328,176 3,691,806 5,264,360
3,328,176 3,691,806 5,264,360 4,726,531
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Premium
Penalty & Interest
Investment Income
TOTAL REVENUES
TOTAL TRANSFERS IN
TRANSFER OUT
Current Property Taxes
Delinquent Property Taxes
UTILITY TAX SUPPORTED DEBT
Revenue & Expenditure Projections
Fiscal Year 2021-2022
8 of 33 59
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
CITY SALES TAXES
Sales Tax Revenues 3,833,032 3,525,823 3,600,000 4,000,000
Investment Income 154,026 71,487 50,000 15,000
Bond Proceeds - - - -
Miscellaneous Revenue 5,658 2,229 - -
TOTAL REVENUES 3,992,716 3,599,539 3,650,000 4,015,000
EXPENDITURES
Personnel Services 444,880 445,421 494,565 496,583
Contractual Services 47,642 45,990 121,500 211,500
Marketing 166,910 220,723 425,000 425,000
Supplies 11,806 4,325 18,300 18,300
Maintenance 712 185 1,500 1,500
Economic Development Incentives 324,942 80,483 475,000 475,000
Grant Program 2,520 10,169 25,000 25,000
Debt Service - Land 610,032 606,480 607,488 607,968
Sales Tax Rebate 176,974 177,434 250,000 250,000
TOTAL EXPENDITURES 1,786,418 1,591,210 2,418,353 2,510,851
TRANSFERS OUT
Transfer Out - General Fund BPP - - - -
Transfer Out - GF Cap Contribution - - - -
Transfer Out - GDSF 151,756 154,207 151,206 153,356
Transfer Out - GDSF 241,950 244,813 244,396 244,432
Transfer Out - GDSF 51,470 49,457 49,610 49,671
Transfer Out - UFDS 305,550 306,702 305,714 305,759
TOTAL TRANSFERS OUT 750,726 - 755,179 - 750,926 753,218
TOTAL EXPENDITURES 2,537,144 2,346,389 3,169,279 3,264,069
OH COST 71,380 71,380 71,380 71,380
EXCESS (DEFICIENCY) 1,384,192 1,181,770 409,341 679,551
BEGINNING FUND BALANCE 7,572,019 8,956,211 10,137,981 10,547,322
ENDING FUND BALANCE 8,956,211 10,137,981 10,547,322 - 11,226,873
ECONOMIC DEVELOPMENT - TYPE A SALES TAXES
Revenue & Expenditure Projections
Fiscal Year 2021-2022
9 of 33 60
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
CITY SALES TAXES
3,833,032 3,525,823 3,600,000 4,000,000
149,401 55,333 50,000 4,000
Miscellaneous 500 - -
3,982,933 3,581,156 3,650,000 4,004,000
TRANSFERS IN
Transfer from General Fund - - -
Transfer from Capital Projects Fund - - -
TOTAL TRANSFERS IN - - - - -
TOTAL REVENUES & TRANSFERS 3,982,933 3,581,156 3,650,000 4,004,000
EXPENDITURES-OPERATIONAL
188,445 174,633 221,655 228,032
27,327 33,525 46,200 56,300
1,680 2,170 3,650 4,650
68,136 36,430 45,100 47,600
Existing Park Improvements 375,000 - - 0
Early Prinicipal Payment 1,506,728 - - 0
Park Dedication Fee - 0
Sales Tax Rebate 176,973 176,534 201,500 201,500
17,182 - 3,060,340
2,361,471 423,292 518,105 3,598,422
TRANSFERS OUT
Trnsfr Out - GDSF (Complex Debt)532,000 2,917,000 - -
Trnsfr Out - Parks Fd (Five Star Maint.)165,000 165,000 165,000 165,000
Trnsfr Out - GDSF (Hike & Bike Trail)128,400 131,000 131,000 131,288
Trnsfr Out GDSF (Parking Lot)64,554 66,091 66,091 65,265
Trnsfr Out - Parks Fund (Personnel)134,845 134,845 134,845 134,845
TOTAL TRANSFERS OUT 1,024,799 - 3,413,936 - 496,936 496,398
TOTAL EXPENDITURES & TRANSFERS 3,386,270 - 3,837,228 - 1,015,041 4,094,820
OH COST 35,690 35,690 35,690 35,692
560,973 (291,762) 2,599,269 (126,512)
2,402,565 2,963,538 2,671,776 5,271,045
2,963,538 2,671,776 5,271,045 5,144,533
TOTAL EXPENDITURES
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
TOTAL REVENUES
Personnel Services
Capital Outlay
Contractual Services
Supplies
Maintenance
Sales Tax Revenues
Investment Income
COMMUNITY DEVELOPMENT - TYPE B SALES TAXES
Revenue & Expenditure Projections
Fiscal Year 2021-2022
10 of 33 61
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES
Assessment 1,500,580 1,061,109 1,672,426 902,327
Interest Income 157,693 69,494 - -
Misc 26,128 - - -
TOTAL REVENUES 1,684,401 1,130,603 1,672,426 902,327
EXPENDITURES
Personnel Services 399,679 780,451 400,734 270,161
Contractual Services 741,411 694,602 686,100 686,100
Supplies 4,980 4,913 1,000 1,000
Maintenance & Utility 342,063 72,402 225,000 225,000
Inspections 5,873 - - -
Capital Outlay - 24,080 - -
TOTAL EXPENDITURES 1,494,006 1,576,448 1,312,834 1,182,261
ADDED ENHANCEMENT SERVICES - INSPECTIONS - - 60,245 31,400
190,395 (445,845) 299,347 (311,334)
558,953 749,348 303,503 602,850
749,348 303,503 602,850 291,516
BEGINNING FUND BALANCE
ENDING FUND BALANCE
TIRZ ONE PID
Revenue & Expenditure Projections
Fiscal Year 2021-2022
EXCESS (DEFICIENCY)
11 of 33 62
2018-2019 2019-2018 2020-2021 2021-2022
Actual Actual Budget Budget
CHARGES FOR SERVICES
165,971 236,932 160,000 240,000
Concession Revenues 1,129 640 1,000 1,000
Tribute Lease 110,480 - 60,000 -
Old American Lease - - 28,000 -
Blue Sky 12,570 12,000 12,000 12,000
Marine Quest 190,882 138,905 90,000 90,000
Mitigation Fees - -
60 116
481,092 388,593 351,000 343,000
TOTAL REVENUES & TRANSFERS 481,092 388,593 351,000 343,000
EXPENDITURES
20,000
69,254 47,751 85,565 67,355
11,736 4,698 8,050 11,550
22,099 14,906 28,100 35,650
Non-Capital - Other Equipment - - - -
172,352 198,076 - 330,000
275,441 265,431 121,715 464,555
TRANSFERS OUT
35,000 35,000 35,000 35,000
TOTAL TRANSFERS OUT 35,000 35,000 35,000 35,000
310,441 300,431 156,715 499,555
170,651 88,162 194,285 (156,555)
792,649 963,300 1,051,462 - 1,245,747
963,300 1,051,462 1,245,747 1,089,192
Fees & Permits
LAKE PARKS FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
Investment Income
Miscellaneous
TOTAL REVENUES
Contractual Services
Supplies
Part Time Temporary Personel
Maintenance
ENDING FUND BALANCE
Capital Outlay
TOTAL EXPENDITURES
Transfer to Parks Fund
TOTAL EXPENDITURES & TRANSFERS
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
12 of 33 63
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES
Donations & Sponsorships 23,313 11,290 12,000 12,000
39,331 29,940 50,000 50,000
62,644 41,230 62,000 62,000
TRANSFERS IN
40,000 40,000 40,000 340,000
350,000 450,000 450,000 200,000
390,000 490,000 490,000 540,000
TOTAL REVENUES & TRANSFERS 452,644 531,230 552,000 602,000
EXPENDITURES
Personnel 98,863 119,312 131,405 137,041
Supplies - - 1,540 1,540
Christmas - - 5,000 5,000
Christmas Light Show Supplemental 39,003 49,631 50,000 50,000
Christmas Light Show Base 6,006 4,895 - -
Liberty by The Lake 92,926 36,428 91,500 91,500
American Heroes 205,705 200,065 208,500 208,500
Parent Child Event 6,072 4,765 5,350 5,350
Halloween Campout 5,892 7,195 6,000 6,000
Easter Egg Hunt 3,698 2,727 4,500 4,500
Event Marketing 1,941 383 3,000 3,500
Arbor Day 2,422 113 2,500 2,500
Movies In The Park 7,189 728 6,000 6,000
Kids Chase/Up, Up & Away(15-16)3,427 2,285 3,000 3,000
Back To School 1,805 1,700 1,900 1,900
Bow Wow Pow Wow 1,905 - 1,800 1,800
Road Runners Club 10,000 - 10,000 10,000
N TX Food Pantry - 5,000 5,000 5,000
Chamber Golf Tourney 6,000 6,000
Lakeside Community Theatre 12,000 12,000 12,000 12,000
Metro Relief 8,204 - - -
TOTAL EXPENDITURES 507,058 447,227 554,995 561,131
OH COST 35,688 35,688 35,670 35,670
(90,102) 48,315 (38,665) 5,199
82,708 (7,394) 40,921 2,256
(7,394) 40,921 2,256 7,455 ENDING FUND BALANCE
TOTAL REVENUES
Transfer from - General Fund
Transfer from - Hotel/Motel Tax
TOTAL TRANSFERS IN
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
Event Revenues
SPECIAL EVENTS FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
13 of 33 64
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
HOTEL/MOTEL TAXES
Taxes 1,532,040 849,664 900,000 900,000
Miscellaneous - 1,486 - -
1,532,040 851,150 900,000 900,000
TRANSFERS IN
Transfer from - General Fund 115,000 115,000 115,000 115,000
TOTAL TRANSFERS IN 115,000 115,000 115,000 115,000
TOTAL REVENUES & TRANSFERS 1,647,040 966,150 1,015,000 1,015,000
EXPENDITURES
Communications
113,235 112,836 180,944 120,313
2,953 7,176 12,940 12,940
602 11,277 1,100 1,460
235,299 234,566 268,868 346,415
Contractual Services 297,466 233,231 519,190 643,190
5,428 6,646 6,950 7,200
77,259 472,000 252,000
- 108,123 - -
654,983 791,114 1,461,992 1,383,518
TRANSFERS OUT
Transfer to CIP - - - -
Transfer to Special Event 350,000 450,000 450,000 200,000
TOTAL TRANSFERS OUT 350,000 450,000 450,000 200,000
TOTAL EXPENDITURES & TRANSFERS 1,004,983 1,241,114 1,911,992 1,583,518
OH COST 35,688 35,688 35,691 35,691
606,369 (310,652) (932,683) (604,209)
1,306,385 1,912,754 1,602,102 669,419
1,912,754 1,602,102 669,419 65,210
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Personnel Services
Contractual Services
Supplies
CVB
Personnel Services
Capital Items
TOTAL EXPENDITURES
Supplies
NFM HOT Reimbursements
TOTAL REVENUES
HOTEL/MOTEL TAX FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
14 of 33 65
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES
Court Security Revenue 13,931 11,415 12,000 12,000
Investment Income
TOTAL REVENUES 13,931 11,415 12,000 12,000
EXPENDITURES
Personnel Services 2,956 - 2,700 2,700
Contractual Services 206 - 2,000
Supplies 508 - 1,500 3,500
Maintenance
Capital Outlay - 12,700
TOTAL EXPENDITURES 3,670 - 4,200 20,900
10,261 11,415 7,800 (8,900)
244,900 255,161 266,576 274,376
255,161 266,576 274,376 265,476
BEGINNING FUND BALANCE
ENDING FUND BALANCE
EXCESS (DEFICIENCY)
COURT SECURITY
Revenue & Expenditure Projections
Fiscal Year 2021-2022
15 of 33 66
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES
Court Technology Revenue 20,581 12,501 15,000 12,000
Investment Income - - - -
TOTAL REVENUES 20,581 12,501 15,000 12,000
EXPENDITURES
Contractual Services 456 - 500 -
Supplies/ copiers/Telephone 455 - 500 -
Maintenance - Tyler/Duncan Parking Tech 19,240 9,175 11,500 11,500
Non-Capital
Capital Outlay - - - -
Overhead Costs
TOTAL EXPENDITURES 20,151 9,175 12,500 11,500
430 3,326 2,500 500
33,604 34,034 37,360 39,860
34,034 37,360 39,860 40,360 ENDING FUND BALANCE
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
COURT TECHNOLOGY
Revenue & Expenditure Projections
Fiscal Year 2021-2022
16 of 33 67
2018-2019 2018-2019 2019-2020 2021-2022
Actual Actual Budget Budget
REVENUES
Juvenile Case Manager Fee 9,480 23,043 10,000 28,217
Investment Income
TOTAL REVENUES 9,480 23,043 10,000 28,217
EXPENDITURES
Personnel Services - - 6,494 100
TOTAL EXPENDITURES - - 6,494 100
9,480 23,043 3,506 28,117
- 9,480 32,523 36,029
9,480 32,523 36,029 64,146 ENDING FUND BALANCE
JUVENILE CASH MANAGER FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
17 of 33 68
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES
Commercial Vehicle Fee/Weight 300 10,000 4,000
Investment Income
TOTAL REVENUES - 300 10,000 4,000
EXPENDITURES
Personnel Services - - 6,000 -
Contractual Services - -
Supplies 1,000 -
Maintenance 15,000 -
Capital Outlay 30,000 -
TOTAL EXPENDITURES - - 52,000 -
- 300 (42,000) 4,000
- 300 (41,700)
- 300 (41,700) (37,700) ENDING FUND BALANCE
COMMERCIAL VEHICLE FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
18 of 33 69
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES
Court Time Payment Fee 33,838 1,300 1,600
Investment Income
Transfer In - General Fund - -
TOTAL REVENUES - 33,838 1,300 1,600
EXPENDITURES
Personnel Services - -
Contractual Services
Supplies -
Maintenance 6,000
Capital Outlay 7,000 -
TOTAL EXPENDITURES - - 7,000 6,000
- 33,838 (5,700) (4,400)
- 33,838 28,138
- 33,838 28,138 23,738 ENDING FUND BALANCE
COURT TIME PAYMENT FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
19 of 33 70
2018-2019 2019-2020 2020-2021 2021-2020
Actual Actual Budget Budget
REVENUES
Municipal Jury Fee 120 -
TOTAL REVENUES - - 120 -
EXPENDITURES
Personnel Services - -
Contractual Services 145 -
Supplies
Maintenance
Capital Outlay - -
TOTAL EXPENDITURES - - 145 -
- - (25) -
- - (25)
- - (25) (25) ENDING FUND BALANCE
MUNICIPAL JURY FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
20 of 33 71
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES
Child Safety Fund Revenue 4,148 1,670 2,000 1,500
Denton County Child Safety Fund 49,106 46,631 48,000 46,000
53,254 48,301 50,000 47,500
TOTAL REVENUES & TRANSFERS 53,254 48,301 50,000 47,500
EXPENDITURES
Child Advocacy Center 35,937 - 30,535 39,525
TOTAL EXPENDITURES 35,937 - 30,535 39,525
TRANSFER OUT
Transfer - General Fund 10,000 10,000 10,000 10,000
TOTAL TRANSFER OUT 10,000 10,000 10,000 10,000
45,937 10,000 40,535 49,525
7,317 38,301 9,465 (2,025)
35,285 42,602 80,903 90,368
42,602 80,903 90,368 88,343 ENDING FUND BALANCE
TOTAL REVENUES
TOTAL EXPENDITURES & TRANSFERS
CHILD SAFETY FUND
Revenue & Expenditure Projections
Fiscal Year 2020-2021
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
21 of 33 72
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES
Rent 85,415 261,265 211,075 160,596
Transfer In General Fu - 20,000 20,000
TOTAL REVENUES 85,415 261,265 231,075 180,596
EXPENDITURES
Personnel - - - -
Contractual Services 54,174 113,958 94,162 54,000
Supplies 4,621 41,201 3,000 5,000
Maintenance & Utiliti 6,320 104,903 122,197 90,000
TOTAL EXPENDITURES 65,115 260,062 219,359 149,000
20,300 1,203 11,716 31,596
- 20,300 21,503 33,219
20,300 21,503 33,219 64,815 ENDING FUND BALAN
TRINITY NORTH
Revenue & Expenditure Projections
Fiscal Year 2021-2022
EXCESS (DEFICIENCY
BEGINNING FUND BA
22 of 33 73
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES
- 2,440,350 - -
- 936 - -
- 2,441,286 - -
TOTAL REVENUES & TRANSFERS - 2,441,286 - -
TRANSFERS OUT
- 2,441,286 - -
- - - -
TOTAL TRANSFERS OUT - 2,441,286 - -
- 2,441,286 - -
- - - -
- - - -
- - - -
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Interest
TOTAL REVENUES
Transfer - General Fund
Transfer - Utility Fund
TOTAL EXPENDITURES & TRANSFERS
CARES ACT
Revenue & Expenditure Projections
Fiscal Year 2021-2022
Cares Fund
23 of 33 74
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES Moved to GF
TRANSFERS IN
- -
300,000 300,000 - -
Transfer - General Fund -
Transfer - General Obligation Bonds
50,000 - -
300,000 350,000 - -
TOTAL REVENUES & TRANSFERS 300,000 350,000 - -
EXPENDITURES
Personnel Services 146,750 172,626 - -
Contractual Services - -
Supplies - - - -
Maintenance
Overhead Costs
TOTAL EXPENDITURES 146,750 172,626 - -
Transfer - General Fund
TOTAL TRANSFERS OU - - - -
146,750 172,626 - -
OH COST 159,276 159,276 - -
(6,026) 18,098 - -
(18,814) (24,840) - -
(24,840) (6,742) - -
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Transfer - Revenue Bond Projects
Transfer - Utility Fund
TOTAL TRANSFERS IN
TRANSFER OUT
TOTAL EXPENDITURES & TRANSFERS
Transfer - Impact Fees Fund
CAPITAL PROJECTS ADMINISTRATION
Revenue & Expenditure Projections
Fiscal Year 2021-2020
24 of 33 75
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES 0
828,549 1,005,206 650,000 1,000,000
- - - -
828,549 1,005,206 650,000 1,000,000
TOTAL REVENUES & TRANSFERS 828,549 1,005,206 650,000 1,000,000
EXPENDITURES
Contractual Servics 168,588 3,015 450,000 0
Capital Outlay - 171,683 450,000 450,000
TOTAL EXPENDITURES 168,588 174,698 900,000 450,000
TRANSFERS OUT
50,000 50,000 50,000 50,000
48,000 - - -
Projects to be determined - -
100,000 100,000 100,000 100,000
TOTAL TRANSFERS OUT 198,000 150,000 150,000 150,000
366,588 324,698 1,050,000 600,000
461,961 680,508 (400,000) 400,000
7,229 469,190 1,149,698 749,698
469,190 1,149,698 749,698 1,149,698
TOTAL EXPENDITURES & TRANSFERS
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
TOTAL REVENUES
Transfer - General Fund
Transfer - Utility CIP
Transfer - Utility Fund
Storm Water Utility Fees
Investment Income
STORM WATER UTILITY FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
25 of 33 76
2018-2019 2019-2020 2020-2021 2021-2022
Act ual Act ual Budget Budget
IMPACT FEES
W at er I mpact Fees 719,819 718,720 700,000 400,000
Sew er I mpact Fees 334,005 353,857 350,000 200,000
Investment Income - - - -
TOTAL REVENUES 1,053,824 1,072,577 1,050,000 600,000
EXPENDITURES
W ater Impact Fee Reimbursement - - - -
Sew er I mpact Fee Reimbursement 197,748 107,281 220,000 125,000
Cont ract ual Services - W at er M ast er Plan - - - -
TOTAL EXPENDI TU RES 197,748 107,281 220,000 125,000
TRANSFERS OUT:
Transfer - Capit al Project Admin 300,000 300,000 - -
Transfer - Utility Revenue Debt Service 1,000,000 1,000,000 1,000,000 750,000
TOTAL TRANSFERS OU T 1,300,000 1,300,000 1,000,000 750,000
TOTAL EXPENDITURES & TRANSFERS 1,497,748 1,407,281 1,220,000 875,000
EXCESS (D EFICIENCY)(443,924) (334,704) (170,000) (275,000)
BEGI NNI NG FU ND BALANCE 2,482,945 2,039,021 1,704,317 1,534,317
ENDING FUND BALANCE 2,039,021 1,704,317 1,534,317 1,259,317
WATER/SEWER IMPACT FEES FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
26 of 33 77
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES
One Dollar Donation 312 298 300 300
Recycling Rebate Donation 173 107 175 175
Investment Income - - - -
TOTAL REVENUES 485 405 475 475
EXPENDITURES
Contractual Services - - - -
TOTAL EXPENDITURES - - - -
485 405 475 475
8,957 9,442 9,847 10,322
9,442 9,847 10,322 10,797
BEGINNING FUND BALANCE
ENDING FUND BALANCE
EXCESS (DEFICIENCY)
CITIZEN DONATION FUND
Revenue & Expenditure Projections
Fiscal Year 2021-2022
27 of 33 78
2018-2019 2019-2020 2020-2021 2021-2022
Actual Actual Budget Budget
REVENUES
Donations - - 300 -
- - 300 -
TRANSFERS IN
5,000 - - 10,000
5,000 - - 10,000
TOTAL REVENUES & TRANSFERS 5,000 - 300 10,000
EXPENDITURES
Personnel 1,402 2,425 3,000 2,200
Contractual Services - 215 - -
Supplies 4,230 4,510 2,446 8,700
Maintenance - - - -
TOTAL EXPENDITURES 5,632 7,150 5,446 10,900
TRANSFERS OUT
General Fund 73,000 0 0
5,632 80,150 5,446 10,900
(632) (80,150) (5,146) (900)
87,478 86,846 6,696 1,550
86,846 6,696 1,550 650
KEEP THE COLONY BEAUTIFUL
Revenue & Expenditure Projections
Fiscal Year 2021-2022
BEGINNING FUND BALANCE
ENDING FUND BALANCE
TOTAL REVENUES
Transfer In - General Fund
TOTAL TRANSFERS IN
TOTAL EXPENDITURES & TRANSFERS
EXCESS (DEFICIENCY)
28 of 33 79
DEPT 2022 GENERAL DESCRIPTION
Animal Svs 41,000 Replace 2010 Ford Ranger
41,000 Sub-Total
Engineering 125,000 Vehicle for new Signal Tech
40,000 Replace 2005 Dodge Ram (#200)
165,000 Sub-Total
Fire Dept 150,000 Replace BC1 w/Incident Command/ALS Capable Vehicle
70,000 Replace Asst. FM 2008 Chevrolet Colorado
35,000 Dodge ProMaster Passenger Van - Training
255,000 Sub-Total
Police Dept 320,000 Replace 5 marked Explorer w/120,000+ miles
320,000 Sub-Total
Parks & Rec 65,000 Super Cab Truck w/storage for irrigation tools. Replace 2007
Chevrolet 3500 van (#504). To be used by landscape crew.
15,000 Replace trailer (#563E) totaled in an accident in 2020 and not
replaced. Originally purchased in the General Fund.
80,000 Sub-Total
Water Dist 65,000 F350 to replace vehicle #6107
75,000 F350 to replace vehicle #6110 (Valve Truck)
140,000 Sub-Total
Utility Adm 35,000 Replace vehicle #6106
35,000 Sub-Total
Water Prod 34,700 Replace vehicle #6131 with new Transit Van
36,590 New 1/4 ton pickup for new operator position
71,290 Sub-Total
Public Wks 35,000 1/2 ton truck w/toolbox & led light bar (replace #360)
35,000 1/2 ton truck w/toolbox & led light bar for Senior lead
maintenance worker
70,000 Sub-Total
1,177,290 TOTAL VEHICLES
Fire Dept 960,000 Fire engine (paid by TIRZ #2)
350,000 Replace 2015 Braun Ambulance with Frazier ambulance
350,000 Replace 2018 Ram 4-door Rescue Body w/same specification
vehicle
1,660,000 Sub-Total
COMPREHENSIVE IMPROVEMENT PLAN SUMMARY
2021 - 2022
VEHICLES
EMERGENCY VEHICLES & EQUIPMENT
29 of 33
80
DEPT 2022 GENERAL DESCRIPTION
COMPREHENSIVE IMPROVEMENT PLAN SUMMARY
2021 - 2022
Police Dept 190,000 Taser replacement end of life - update CQB taser
190,000 Sub-Total
1,850,000 TOTAL EMERGENCY VEHICLES/EQUIPMENT
Water Dist 165,000 Tandem axle dump truck 16 yd
150,000 John Deere (410G) replace backhoe #6113
315,000 Sub-Total
315,000 TOTAL HEAVY EQUIPMENT
Community Image 16,375 16 x 32 Temperature controlled bldg to store Tool Lending
equipment and supplies
16,375 Sub-Total
Fleet Svs 8,000 A/C service unit for new refrigerant a/c systems
8,000 Sub-Total
City Secretary 45,000 Laserfiche Records Mgmt Module (approved in 2020 Budget
but not purchased before COVID)
45,000 Sub-Total
Human Resources 50,000 Ascentis HRIS software - Recruiting/Onboarding/ HRIS system
(first year includes $8,000 implementation cost)
50,000 Sub-Total
Animal Services 20,000 Industrial 30 lb washer and 50 lb dryer
22,000 Cat kennels for shelter
42,000 Sub-Total
Fire Dept 164,556 Debribrillator/AED/Stretcher City-wide lease & service plan
(FD, PD & COTC equipment)
122,347
Rehab/Update FH 1, 2, & 3 and new installation to FH #4
plymovent Vehicle Exhaust Ventilation System. Applied for
grant to fund project in Jan of 2021.
800,000 Improvement/Expansion Fire Training Facility
1,086,903 Sub-Total
Parks & Rec 25,000 Replace landscaping on medians and @ city facilities
25,000
Water Dist 60,000 Upgrades for Wachs Valve machine
Ingersoil Air Comp P185WDJ
60,000 Sub-Total
Public Wks 25,000 Small equipment (concrete saws, plate compactors, pumps,
chain saws)
25,000 Sub-Total
HEAVY EQUIPMENT
EQUIPMENT/ENHANCEMENTS
30 of 33
81
DEPT 2022 GENERAL DESCRIPTION
COMPREHENSIVE IMPROVEMENT PLAN SUMMARY
2021 - 2022
CVB 7,000 Update mobile visitor center wrap
12,000 Visitor guide redesign and print
10,000 Customer Relationship Management Software (CRM)
29,000 Sub-Total
1,387,278 TOTAL EQUIPMENT/ENHANCEMENTS
Information Tech 115,000 Storage server infrastructure replacement
35,000 Host server infrastructure replacements
150,000 Sub-Total
Engineering 1,700 AutoCAD license renewal
1,700 Sub-Total
Police Dept 6,000 Badging printer and software - end of life
6,000 Sub-Total
157,700 TOTAL COMPUTERS, SOFTWARE/HARDWARE
Facilities Maint 55,000 Add women's shower room and expand day room by
removing office wall (Fire Station #2)
15,000 Paint Fire Station #3 apparatus bay ceiling sky blue
30,000 Cover over the gas pumps at Fleet and the filling area on the
south side
45,000 Animal Control remodel
235,000 New roof for Police Headquarters
20,000 Construct new trash dumpster for Community Center
6,000,000 Construction of Fire Station #5 (TIRZ)
250,000 HVAC upgrades to Trinity North
6,650,000 Sub-Total
Police Dept 7,000,000 Next phase of PD expansion
7,000,000 Sub-Total
Parks & Rec 40,000 Rec center refresh, Phase II (door replacement, classroom
remodel)
40,000 Counter top replacement at Community Center
10,000 Athletics equipment replacement (vb poles, portable
scoreboard, etc.)
90,000 Sub-Total
Water Prod 88,620
Utility service maintenance program, alternate funding: 400K
gal. water storage tank liner rehab Clover Valley Station;
funded from Operating Budget
BUILDINGS
COMPUTERS, SOFTWARE/HARDWARE
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82
DEPT 2022 GENERAL DESCRIPTION
COMPREHENSIVE IMPROVEMENT PLAN SUMMARY
2021 - 2022
35,000 Repave parking, driveway, to include drainage improvement
at Legends water tower
190,000 Wynnwood 1 million gallon water tank exterior painting pump
station building, hydro tank and generator enclosure. Office
Creek exterior painting, paint generator & pump piping
121,504
Utility service maintenance program, alternate funding:
interior 1 MG water storage tank liner rehab Clover Valley
Station; funded from Operating Budget
435,124 Sub-Total
14,175,124 TOTAL BUILDINGS
Facilities Maint 30,000 Parking lot maintenance for City lots - restriping
30,000 Sub-Total
Engineering 4,052,000 Residential concrete street reconstruction - Construction Cost (Phase 11)
310,000 Residential concrete street reconstruction - design services -
Ballard, Alta Oaks, and Runyon
3,500,000 Residential concrete street contruction - Ballard Trail, Alta
Oaks Court and Runyon Drive
70,000 Resurface asphalt streets - design services
50,000 Update Engineering design manual
30,000 Street lights - Citizens Request (operations)
50,000 Street lights - South Colony
36,000 Squires culvert cleaning (SW Utility funding)
100,000 Erosion control/bank stabilization - alley along Taylor Channel
(SW Utility Funding)
25,000 School zone flasher replacements/upgrades
150,000 Replace/upgrade traffic light controllers, cameras, and
preemption
100,000 ITS communication equipment on FM 423
200,000 Tribute water ponding - City portion - HOA will match this amount
400,000 Miscellaneous drainage and erosion control projects (SW
Utility Funding)
50,000 DDI bridge corner protection - design service
9,123,000 Sub-Total
Public Wks 120,000 Pavement marking maintenance for streets and
thoroughfares - requested by Council
120,000 Sub-Total
9,273,000 TOTAL STREETS
STREETS
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83
DEPT 2022 GENERAL DESCRIPTION
COMPREHENSIVE IMPROVEMENT PLAN SUMMARY
2021 - 2022
Engineering 4,212,000 Groundwater well at Tribute GST site (Water Master Plan -
2018) - Design & construction
600,000 Squires - replace 3000 lf of 8" ductile iron water line by Pipe
Bursting
50,000 Add 200 lf of Dead end 8" waterline connection from Vanden
Street to Taylor Street
120,000 Add casing to 350 lf of 8" sanitary sewer line in creek - Office
Creek and FM 423
400,000 Replace 450 lf of 24" cast iron sanitary sewer pipe at Reagan
Place - includes aerial crossing
5,382,000 Sub-Total
Water Dist 75,000 Manhole rehab (lining inside)
120,000 Lining sewer mains that run between houses
195,000 Sub-Total
Wastewater 24,000,000 Wastewater Treatment Plant Expansion Phase IIB (A&B Trains)
24,000,000 Sub-Total
Water Prod 3,000,000 Water esthetics improvements and auto flush valves for
treatment facilities and distribution system
350,000 Trinity Well #4 - pumping equipment maintenance - pull and
service water well pumping equipment
144,000
Groundwater aerator tower water inlet PVC tubes with basin
replacements on three units
3,494,000 Sub-Total
33,071,000 TOTAL WATER AND WASTEWATER PROJECTS
61,406,392 TOTAL CIP REQUESTS
WATER AND WASTEWATER PROJECTS
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84
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, consider a resolution accepting a preliminary service and assessment plan for the
City of The Colony Public Improvement District on properties located within the Public Improvement District No.
1. for the Fiscal Year 2021-22. (Maurina)
Suggested Action:
Attachments:
pid summary 21-22.pdf
2021-22 Preliminary PID #1 Assessment Workbook 2 (Autosaved).xlsx
2021-22_Preliminary_PID Budget .xlsx
Res. 2021-xxx 2021-22 Prelim-PID Assessment Plan.doc
85
86
Tax Parcel Notes Acreage Section %Overall %Section Base Budget Assessment Area Assessment Final Area Assessment
535,879.94$ 535,879.94$
657618 NFM Building 81.99 76.29%33.74%408,828.48$ 408,828.48$
657619 NFM Parking Lot 25.48 23.71%10.49%127,051.46$ 127,051.46$
39,579.99$ 41,034.82$
957987 Waterfront Parking 13.774 83.91%5.67%34,056.19$ 34,056.19$
704832 Lava Cantina 0.675 4.11%0.28%1,668.94$ 1,668.94$
957988 Windmills 0.506 3.08%0.21%1,251.08$ 1,701.08$
957989 Akira Back 0.2976 1.81%0.12%735.82$ 735.82$
957990 Open Pad Site 0.2717 1.66%0.11%671.78$ 671.78$
957991 Open Pad Site 0.4838 2.95%0.20%1,196.19$ 1,196.19$
957992 LSA Burger 0.4064 2.48%0.17%1,004.82$ 1,004.82$
294,462.13$ 325,412.13$
692390 Cheddar's 2.015 1.69%0.83%4,982.08$ 4,982.08$
692391 Mi Cocina 2.105 1.77%0.87%5,204.61$ 5,204.61$
674231 Hard 8 BBQ 3.386 2.84%1.39%8,371.88$ 8,371.88$
692389 Cigars International 1.925 1.62%0.79%4,759.56$ 4,759.56$
692387 Rock N Brews 1.903 1.60%0.78%4,705.16$ 4,705.16$
692388 Bargain Way Access Road 1 0.301 0.25%0.12%744.22$ 744.22$
692379 West 25 Shops 2.931 2.46%1.21%7,246.89$ 7,246.89$
692380 Bargain Way Access Road 2 0.204 0.17%0.08%504.39$ 504.39$
653844 Hampton Inn 2.683 2.25%1.10%6,633.71$ 6,633.71$
653843 Homewood Suites 2.944 2.47%1.21%7,279.03$ 27,279.03$
748393 Lifestyle Center Master 79.08935 66.41%32.55%195,548.26$ 197,168.26$
753491 Live Grandscape Residential Tower 5.838885 4.90%2.40%14,436.63$ 16,656.63$
753492 Live Grandscape Parking Garage 3 1.57376 1.32%0.65%3,891.12$ 4,071.12$
674218 Scheel's Sporting Goods 3.645 3.06%1.50%9,012.26$ 13,512.26$
732382 Truckyard 8.551 7.18%3.52%21,142.33$ 23,572.33$
Service Service Total Service %
Final Assessment 902,327$ Traffic Management System 42,334.41$ 3.58080%
Total Acreage Overall %Enhanced Police Services 227,826.18$ 19.27039%
242.979495 100.00%Enhanced Development Services -$ 0.00000%
Street and Roadway Improvements 889,100.00$ 75.20339%
Facility Acreage Section %Overall %Lake Maintenance 23,000.00$ 1.94543%
107.47 100.00%44.23%Total 535,879.94 Total 1,182,260.58$ 100.00000%
Waterfront Acreage Section %Overall %
16.4145 97.52%6.76%Total 40,584.82 Description of Public Improvements Service total Facility Waterfront Related Developments
Traffic Management System 42,334.41$ 42,334.41$
Related Development
Acreage Section %Overall %Enhanced Police Services 227,826.18$ 227,826.18$
119.094995 100.00%49.01%Total 294,462.13 Enhanced Development Services -$ -$ -$ -$
870,927 Street and Roadway Improvements 889,100.00$ 393,249.55$ 60,063.22$ 435,787.23$
Lake Maintenance 23,000.00$ 10,172.92$ 1,553.77$ 11,273.32$
Total 1,182,260.58$ 673,583.05$ 61,616.99$ 447,060.54$
Total
870,927
1. Calculate Final Base Budget
Total 1,182,261$
Total Enhanced Development Services 31,400
Total Assessment 902,327$
2. Calculate 90 Day Operating
Cost $291,516
3. Add Final Base Budget + 90
day Operating cost $1,473,777
4. Add Expected (excess)/short
fall at year end -$602,850
5. Calculate new Budget total
for assessment from inclusion of
step 4 $870,927
6. Determine total direct
Enhanced Development
Services $31,400
7. Add in step 6 to create Final
Total Assessment $902,327
Step by Step Assessment Breakdown
600,766.31
Operations Balance
Budget Total
Area Assessment
Area Assessment
Area Assessment
Facility Property
Waterfront Property
Related Development Property
Enhanced Police and Traffic Management services
270,160.58
87
668-PID - GRANDSCAPE
19/20 20/21 20/21 21/22
PRIOR YEAR CURRENT YEAR CURRENT YEAR PROPOSED NOTES
ACTUAL BUDGET ACTUALS BUDGET
REVENUES
480000 INTEREST INCOME 69,494.37 -524.25 -
482400 INSURANCE REIMBURSEMENT ---
482500 ASSESSMENT REVENUE 1,061,109.03 1,672,426.00 1,675,819.90 1,061,109.00
1,130,603.40 1,672,426.00 1,676,344.15 1,061,109.00
EXPENSES
61-PERSONNEL SERVICES
635-6110-0011 SALARIES - DEVELOPMENT SVS 450,000.00 373,726.00 --
635-6110-0067 SALARIES - TRAFFIC MGMT STAFF 30,000.00 30,900.00 -31,210.00 40% - Signal Technician salary ($78,025)
635-6110-0067 SALARIES - PUBLIC WORKS ----
635-6110-0075 SALARIES - POLICE DEPT.159,748.16 167,735.00 -169,416.00 Two officers (Step 6 -$84,708/ea )
635-6111-0067 SALARIES, OVERTIME - PB WKS ----
635-6111-0075 SALARIES, OVERTIME - POLICE ----
635-6114-0011 HOSPITALIZATION INSURANCE - GEN ADM 10,945.00 11,535.00 --
635-6114-0067 HOSPITALIZATION INSURANCE - TRFC MGMT 4,204.00 4,614.00 -4,614.00
635-6114-0075 HOSPITALIZATION INSURANCE - PD 21,020.00 23,070.00 -23,070.00
635-6115-0011 SOCIAL SECURITY TAXES - GEN ADM 12,919.20 13,148.00 --
635-6115-0067 SOCIAL SECURITY TAXES - TRFC MGMT 2,295.00 2,364.00 -2,387.57
635-6115-0075 SOCIAL SECURITY TAXES - PD 12,220.73 12,832.00 -12,960.32
635-6117-0011 RETIREMENT CONTRIBUTIONS - GEN ADM 52,147.50 37,649.00 --
635-6117-0067 RETIREMENT CONTRIBUTIONS - TRFC MGMT 3,945.00 4,082.00 -4,122.84
635-6117-0075 RETIREMENT CONTRICUTIONS - PD 21,006.88 22,158.00 -22,379.85
780,451.47 703,813.00 -270,160.58
62-CONTRACTUAL SERVICES
635-3210 PROFESSIONAL SERVICES 10,500.00 --
635-6211 LEGAL SERVICES ----
635-6212 AUDIT SERVICES -10,600.00 10,600.00 10,600.00 9/30/20 audit
635-6213 CONTRACTUAL SERVICES 236,637.39 270,000.00 117,632.88 270,000.00 American Landscape - monthly landscape
and Menders monthly trash removal
CITY OF THE COLONY
BASE BUDGET WORKSHEET 2021 - 2022
TOTAL REVENUES
TOTAL PERSONNEL SERVICES
8/6/2021 @BCL@740FBA83.xlsx 88
668-PID - GRANDSCAPE
19/20 20/21 20/21 21/22
PRIOR YEAR CURRENT YEAR CURRENT YEAR PROPOSED NOTES
ACTUAL BUDGET ACTUALS BUDGET
CITY OF THE COLONY
BASE BUDGET WORKSHEET 2021 - 2022
635-6213-0001 CONTRACTUAL SERVICES - REPAIRS 35,074.52 75,000.00 56,197.35 75,000.00 Irrigation Repairs
635-6213-0002 CONTRACTUAL SERVICES - INSPEC/PLAN REVIEW --
635-6213-0003 CONTRACTUAL SERVICES - INSP/PR - GARAGES 1,010.00 180.00
635-6213-0004 CONTRACTUAL SERVICES - INSP/PR - ANDRETTI'S 9,970.00 -
635-6213-0005 CONTRACTUAL SERVICES - INSP/PR - GALAXY 2,810.00 540.00
635-6213-0006 CONTRACTUAL SERVICES - INSP/PR - SCHEELS 22,100.00 2,880.00
635-6213-0007 CONTRACTUAL SERVICES - INSP/PR - TRUCK YARD 1,980.00 1,620.00
635-6213-0008 CONTRACTUAL SERVICES - INSP/PR - WINDMILL 3,510.00 -
635-6213-0009 CONTRACTUAL SERVICES - INSP/PR - GROTTO 4,490.00 -
635-6213-0010 CONTRACTUAL SERVICES - INSP/PR - RES TWR 10,290.00 -
635-6213-0011 CONTRACTUAL SERVICES - INSP/PR - HOMESTEAD 5,640.00 450.00
635-6213-0012 CONTRACTUAL SERVICES - INSP/PR - HOMEWOOD 7,620.00 -11,250.00
635-6213-0013 CONTRACTUAL SERVICES - INSP/PR WILLOW --90.00
635-6213-0015 CONTRACTUAL SERVICES - INSP/PR ---Total amount for all Insp/Plan Review
635-6236 ADVERTISING AND NOTICES ----
635-6241 ELECTRICITY 143,417.48 160,000.00 95,643.20 160,000.00
635-6241-0002 ELECTRICITY - BOARDWALK ----
635-6244 TELEPHONE SERVICES 495.84 500.00 281.61 500.00 Grande (cancelled)
635-6246 WATER SERVICE 199,056.47 170,000.00 43,323.95 170,000.00
635-6251 PROPERTY INSURANCE ----
635-6275 EQUIPMENT RENTAL ----
694,601.70 686,100.00 340,688.99 686,100.00
63-SUPPLIES
635-6342 WATER METERS & BOXES 4,522.50 --Molly thinks we have all we need
635-6344 REPAIR MATERIALS ----
635-6345-0002 CHEMICALS - BOARDWALK ----
635-6372 NTGWCD FEES 390.60 1,000.00 485.10 1,000.00
635-6390 MISCELLANEOUS SUPPLIES ----
635-6390-0075 MISCELLANEOUS SUPPLIES - PD ----
4,913.10 1,000.00 485.10 1,000.00
TOTAL CONTRACTUAL SERVICES
TOTAL SUPPLIES
8/6/2021 @BCL@740FBA83.xlsx 89
668-PID - GRANDSCAPE
19/20 20/21 20/21 21/22
PRIOR YEAR CURRENT YEAR CURRENT YEAR PROPOSED NOTES
ACTUAL BUDGET ACTUALS BUDGET
CITY OF THE COLONY
BASE BUDGET WORKSHEET 2021 - 2022
64-MAINTENANCE
635-6420 STREET MAINTENANCE -96,000.00 -96,000.00 Bridge Repair
635-6423 RIGHT-OF-WAY MAINTENANCE -16,000.00 -16,000.00
635-6425 TRAFFIC & SIGN MAINTENANCE 59,808.50 80,000.00 55,915.75 80,000.00
635-6426 LAKE MAINTENANCE 12,593.84 23,000.00 6,720.43 23,000.00 Magnolia Fisheries & Chemicals
635-6470 OTHER EQUIPMENT MAINTENANCE -10,000.00 -10,000.00
635-6471 LANDSCAPE MAINTENANCE ---
72,402.34 225,000.00 62,636.18 225,000.00
66-CAPITAL OUTLAY
635-6651 CAPITAL OUTLAY - COMPUTER HARDWARE 5,080.15 ---
635-6690 CAPITAL OUTLAY - OTHER EQP 19,000.00 ---
24,080.15 ---
67-OVERHEAD ALLOCATION
635-6705 GRANDSCAPE INSPECTIONS --
TOTAL OVERHEAD ALLOCATION ----
1,576,448.76 1,615,913.00 403,810.27 1,182,261
TOTAL MAINTENANCE
TOTAL CAPITAL OUTLAY
TOTAL PID EXPENSES
8/6/2021 @BCL@740FBA83.xlsx 90
TOTAL BY
DETAIL PROPERTY
07/20/20 - 09/30/20 635-6213-0003 CONTR SVS - INSP/PR - GARAGES -
10/01/20 - 07/20/21 180.00 180.00
07/20/20 - 09/30/20 635-6213-0004 CONTR SVS - INSP/PR - ANDRETTI -
10/01/20 - 07/20/21 --
07/20/20 - 09/30/20 635-6213-0005 CONTR SVS - INSP/PR - GALAXY -
10/01/20 - 07/20/21 540.00 540.00
07/20/20 - 09/30/20 635-6213-0006 CONTR SVS - INSP/PR - SCHEELS 540.00
10/01/20 - 07/20/21 3,960.00 4,500.00
07/20/20 - 09/30/20 635-6213-0007 CONTR SVS - INSP/PR - TRUCK YARD 810.00
10/01/20 - 07/20/21 1,620.00 2,430.00
07/20/20 - 09/30/20 635-6213-0008 CONTR SVS - INSP/PR - WINDMILL 450.00
10/01/20 - 07/20/21 -450.00
07/20/20 - 09/30/20 635-6213-0009 CONTR SVS - INSP/PR - GROTTO -
10/01/20 - 07/20/21 --
07/20/20 - 09/30/20 635-6213-0010 CONTR SVS - INSP/PR - RESIDENTIAL TOWER 2,220.00
10/01/20 - 07/20/21 -2,220.00
07/20/20 - 09/30/20 635-6213-0011 CONTR SVS-INSP/PR - HOMESTEAD 540.00
10/01/20 - 07/20/21 450.00 990.00
07/20/20 - 09/30/20 635-6213-0012 CONTR SVS-INSP/PR-HOMEWOOD 6,900.00
10/01/20 - 07/20/21 13,100.00 20,000.00
07/20/20 - 09/30/20 635-6213-0013 CONTR SVS-INSP/PR-WILLOWHOUSE -
10/01/20 - 07/20/21 90.00 90.00
PID - CONTRACTUAL SERVICES - INSPECTIONS & PLAN REVIEW
07/20/20 THROUGH 07/20/21
91
31,400.00 31,400.00
92
Lifestyle Center 4,020.00
Scheel's 4,500.00
Truckyard 2,430.00
Windmills 450.00
Homewood Suites 20,000.00
Total 31,400.00
0.75 753492 Unit A 1.57376
6.75 753491 MF 5.838885 84.92824
92.5 748393 Master 79.08935
100 86.502
93
Tax Parcel Notes Acreage Section %Overall %Section Base Budget Assessment Area Assessment Final Area Assessment
535,879.94$ 535,879.94$
657618 NFM Building 81.99 76.29%33.74%408,828.48$ 408,828.48$
657619 NFM Parking Lot 25.48 23.71%10.49%127,051.46$ 127,051.46$
39,579.99$ 41,034.82$
957987 Waterfront Parking 13.774 83.91%5.67%34,056.19$ 34,056.19$
704832 Lava Cantina 0.675 4.11%0.28%1,668.94$ 1,668.94$
957988 Windmills 0.506 3.08%0.21%1,251.08$ 1,701.08$
957989 Akira Back 0.2976 1.81%0.12%735.82$ 735.82$
957990 Open Pad Site 0.2717 1.66%0.11%671.78$ 671.78$
957991 Open Pad Site 0.4838 2.95%0.20%1,196.19$ 1,196.19$
957992 LSA Burger 0.4064 2.48%0.17%1,004.82$ 1,004.82$
294,462.13$ 325,412.13$
692390 Cheddar's 2.015 1.69%0.83%4,982.08$ 4,982.08$
692391 Mi Cocina 2.105 1.77%0.87%5,204.61$ 5,204.61$
674231 Hard 8 BBQ 3.386 2.84%1.39%8,371.88$ 8,371.88$
692389 Cigars International 1.925 1.62%0.79%4,759.56$ 4,759.56$
692387 Rock N Brews 1.903 1.60%0.78%4,705.16$ 4,705.16$
692388 Bargain Way Access Road 1 0.301 0.25%0.12%744.22$ 744.22$
692379 West 25 Shops 2.931 2.46%1.21%7,246.89$ 7,246.89$
692380 Bargain Way Access Road 2 0.204 0.17%0.08%504.39$ 504.39$
653844 Hampton Inn 2.683 2.25%1.10%6,633.71$ 6,633.71$
653843 Homewood Suites 2.944 2.47%1.21%7,279.03$ 27,279.03$
748393 Lifestyle Center Master 79.08935 66.41%32.55%195,548.26$ 197,168.26$
753491 Live Grandscape Residential Tower 5.838885 4.90%2.40%14,436.63$ 16,656.63$
753492 Live Grandscape Parking Garage 3 1.57376 1.32%0.65%3,891.12$ 4,071.12$
674218 Scheel's Sporting Goods 3.645 3.06%1.50%9,012.26$ 13,512.26$
732382 Truckyard 8.551 7.18%3.52%21,142.33$ 23,572.33$
Service Service Total Service %
Final Assessment 902,327$ Traffic Management System 42,334.41$ 3.58080%
Total Acreage Overall %Enhanced Police Services 227,826.18$ 19.27039%
242.979495 100.00%Enhanced Development Services -$ 0.00000%
Street and Roadway Improvements 889,100.00$ 75.20339%
Facility Acreage Section %Overall %Lake Maintenance 23,000.00$ 1.94543%
107.47 100.00%44.23%Total 535,879.94 Total 1,182,260.58$ 100.00000%
Waterfront Acreage Section %Overall %
16.4145 97.52%6.76%Total 40,584.82 Description of Public Improvements Service total Facility Waterfront Related Developments
Traffic Management System 42,334.41$ 42,334.41$
Related Development
Acreage Section %Overall %Enhanced Police Services 227,826.18$ 227,826.18$
119.094995 100.00%49.01%Total 294,462.13 Enhanced Development Services -$ -$ -$ -$
870,927 Street and Roadway Improvements 889,100.00$ 393,249.55$ 60,063.22$ 435,787.23$
Lake Maintenance 23,000.00$ 10,172.92$ 1,553.77$ 11,273.32$
Total 1,182,260.58$ 673,583.05$ 61,616.99$ 447,060.54$
Total
870,927
1. Calculate Final Base Budget
Total 1,182,261$
Total Enhanced Development Services 31,400
Total Assessment 902,327$
2. Calculate 90 Day Operating
Cost $291,516
3. Add Final Base Budget + 90
day Operating cost $1,473,777
4. Add Expected (excess)/short
fall at year end -$602,850
5. Calculate new Budget total
for assessment from inclusion of
step 4 $870,927
6. Determine total direct
Enhanced Development
Services $31,400
7. Add in step 6 to create Final
Total Assessment $902,327
Facility Property
Waterfront Property
Related Development Property
Enhanced Police and Traffic Management services
270,160.58
Step by Step Assessment Breakdown
600,766.31
Operations Balance
Budget Total
Area Assessment
Area Assessment
Area Assessment
94
668-PID - GRANDSCAPE
19/20 20/21 20/21 21/22
PRIOR YEAR CURRENT YEAR CURRENT YEAR PROPOSED NOTES
ACTUAL BUDGET ACTUALS BUDGET
REVENUES
480000 INTEREST INCOME 69,494.37 -524.25 -
482400 INSURANCE REIMBURSEMENT ---
482500 ASSESSMENT REVENUE 1,061,109.03 1,672,426.00 1,675,819.90 1,061,109.00
1,130,603.40 1,672,426.00 1,676,344.15 1,061,109.00
EXPENSES
61-PERSONNEL SERVICES
635-6110-0011 SALARIES - DEVELOPMENT SVS 450,000.00 373,726.00 --
635-6110-0067 SALARIES - TRAFFIC MGMT STAFF 30,000.00 30,900.00 -31,210.00 40% - Signal Technician salary ($78,025)
635-6110-0067 SALARIES - PUBLIC WORKS ----
635-6110-0075 SALARIES - POLICE DEPT.159,748.16 167,735.00 -169,416.00 Two officers (Step 6 -$84,708/ea )
635-6111-0067 SALARIES, OVERTIME - PB WKS ----
635-6111-0075 SALARIES, OVERTIME - POLICE ----
635-6114-0011 HOSPITALIZATION INSURANCE - GEN ADM 10,945.00 11,535.00 --
635-6114-0067 HOSPITALIZATION INSURANCE - TRFC MGMT 4,204.00 4,614.00 -4,614.00
635-6114-0075 HOSPITALIZATION INSURANCE - PD 21,020.00 23,070.00 -23,070.00
635-6115-0011 SOCIAL SECURITY TAXES - GEN ADM 12,919.20 13,148.00 --
635-6115-0067 SOCIAL SECURITY TAXES - TRFC MGMT 2,295.00 2,364.00 -2,387.57
635-6115-0075 SOCIAL SECURITY TAXES - PD 12,220.73 12,832.00 -12,960.32
635-6117-0011 RETIREMENT CONTRIBUTIONS - GEN ADM 52,147.50 37,649.00 --
635-6117-0067 RETIREMENT CONTRIBUTIONS - TRFC MGMT 3,945.00 4,082.00 -4,122.84
635-6117-0075 RETIREMENT CONTRICUTIONS - PD 21,006.88 22,158.00 -22,379.85
780,451.47 703,813.00 -270,160.58
62-CONTRACTUAL SERVICES
635-3210 PROFESSIONAL SERVICES 10,500.00 --
635-6211 LEGAL SERVICES ----
635-6212 AUDIT SERVICES -10,600.00 10,600.00 10,600.00 9/30/20 audit
635-6213 CONTRACTUAL SERVICES 236,637.39 270,000.00 117,632.88 270,000.00 American Landscape - monthly landscape
and Menders monthly trash removal
CITY OF THE COLONY
BASE BUDGET WORKSHEET 2021 - 2022
TOTAL REVENUES
TOTAL PERSONNEL SERVICES
8/10/2021 @BCL@20022512.xlsx 95
668-PID - GRANDSCAPE
19/20 20/21 20/21 21/22
PRIOR YEAR CURRENT YEAR CURRENT YEAR PROPOSED NOTES
ACTUAL BUDGET ACTUALS BUDGET
CITY OF THE COLONY
BASE BUDGET WORKSHEET 2021 - 2022
635-6213-0001 CONTRACTUAL SERVICES - REPAIRS 35,074.52 75,000.00 56,197.35 75,000.00 Irrigation Repairs
635-6213-0002 CONTRACTUAL SERVICES - INSPEC/PLAN REVIEW --
635-6213-0003 CONTRACTUAL SERVICES - INSP/PR - GARAGES 1,010.00 180.00
635-6213-0004 CONTRACTUAL SERVICES - INSP/PR - ANDRETTI'S 9,970.00 -
635-6213-0005 CONTRACTUAL SERVICES - INSP/PR - GALAXY 2,810.00 540.00
635-6213-0006 CONTRACTUAL SERVICES - INSP/PR - SCHEELS 22,100.00 2,880.00
635-6213-0007 CONTRACTUAL SERVICES - INSP/PR - TRUCK YARD 1,980.00 1,620.00
635-6213-0008 CONTRACTUAL SERVICES - INSP/PR - WINDMILL 3,510.00 -
635-6213-0009 CONTRACTUAL SERVICES - INSP/PR - GROTTO 4,490.00 -
635-6213-0010 CONTRACTUAL SERVICES - INSP/PR - RES TWR 10,290.00 -
635-6213-0011 CONTRACTUAL SERVICES - INSP/PR - HOMESTEAD 5,640.00 450.00
635-6213-0012 CONTRACTUAL SERVICES - INSP/PR - HOMEWOOD 7,620.00 -11,250.00
635-6213-0013 CONTRACTUAL SERVICES - INSP/PR WILLOW --90.00
635-6213-0015 CONTRACTUAL SERVICES - INSP/PR ---Total amount for all Insp/Plan Review
635-6236 ADVERTISING AND NOTICES ----
635-6241 ELECTRICITY 143,417.48 160,000.00 95,643.20 160,000.00
635-6241-0002 ELECTRICITY - BOARDWALK ----
635-6244 TELEPHONE SERVICES 495.84 500.00 281.61 500.00 Grande (cancelled)
635-6246 WATER SERVICE 199,056.47 170,000.00 43,323.95 170,000.00
635-6251 PROPERTY INSURANCE ----
635-6275 EQUIPMENT RENTAL ----
694,601.70 686,100.00 340,688.99 686,100.00
63-SUPPLIES
635-6342 WATER METERS & BOXES 4,522.50 --Molly thinks we have all we need
635-6344 REPAIR MATERIALS ----
635-6345-0002 CHEMICALS - BOARDWALK ----
635-6372 NTGWCD FEES 390.60 1,000.00 485.10 1,000.00
635-6390 MISCELLANEOUS SUPPLIES ----
635-6390-0075 MISCELLANEOUS SUPPLIES - PD ----
4,913.10 1,000.00 485.10 1,000.00
TOTAL CONTRACTUAL SERVICES
TOTAL SUPPLIES
8/10/2021 @BCL@20022512.xlsx 96
668-PID - GRANDSCAPE
19/20 20/21 20/21 21/22
PRIOR YEAR CURRENT YEAR CURRENT YEAR PROPOSED NOTES
ACTUAL BUDGET ACTUALS BUDGET
CITY OF THE COLONY
BASE BUDGET WORKSHEET 2021 - 2022
64-MAINTENANCE
635-6420 STREET MAINTENANCE -96,000.00 -96,000.00 Bridge Repair
635-6423 RIGHT-OF-WAY MAINTENANCE -16,000.00 -16,000.00
635-6425 TRAFFIC & SIGN MAINTENANCE 59,808.50 80,000.00 55,915.75 80,000.00
635-6426 LAKE MAINTENANCE 12,593.84 23,000.00 6,720.43 23,000.00 Magnolia Fisheries & Chemicals
635-6470 OTHER EQUIPMENT MAINTENANCE -10,000.00 -10,000.00
635-6471 LANDSCAPE MAINTENANCE ---
72,402.34 225,000.00 62,636.18 225,000.00
66-CAPITAL OUTLAY
635-6651 CAPITAL OUTLAY - COMPUTER HARDWARE 5,080.15 ---
635-6690 CAPITAL OUTLAY - OTHER EQP 19,000.00 ---
24,080.15 ---
67-OVERHEAD ALLOCATION
635-6705 GRANDSCAPE INSPECTIONS --
TOTAL OVERHEAD ALLOCATION ----
1,576,448.76 1,615,913.00 403,810.27 1,182,261
TOTAL MAINTENANCE
TOTAL CAPITAL OUTLAY
TOTAL PID EXPENSES
8/10/2021 @BCL@20022512.xlsx 97
TOTAL BY
DETAIL PROPERTY
07/20/20 - 09/30/20 635-6213-0003 CONTR SVS - INSP/PR - GARAGES -
10/01/20 - 07/20/21 180.00 180.00
07/20/20 - 09/30/20 635-6213-0004 CONTR SVS - INSP/PR - ANDRETTI -
10/01/20 - 07/20/21 --
07/20/20 - 09/30/20 635-6213-0005 CONTR SVS - INSP/PR - GALAXY -
10/01/20 - 07/20/21 540.00 540.00
07/20/20 - 09/30/20 635-6213-0006 CONTR SVS - INSP/PR - SCHEELS 540.00
10/01/20 - 07/20/21 3,960.00 4,500.00
07/20/20 - 09/30/20 635-6213-0007 CONTR SVS - INSP/PR - TRUCK YARD 810.00
10/01/20 - 07/20/21 1,620.00 2,430.00
07/20/20 - 09/30/20 635-6213-0008 CONTR SVS - INSP/PR - WINDMILL 450.00
10/01/20 - 07/20/21 -450.00
07/20/20 - 09/30/20 635-6213-0009 CONTR SVS - INSP/PR - GROTTO -
10/01/20 - 07/20/21 --
07/20/20 - 09/30/20 635-6213-0010 CONTR SVS - INSP/PR - RESIDENTIAL TOWER 2,220.00
10/01/20 - 07/20/21 -2,220.00
07/20/20 - 09/30/20 635-6213-0011 CONTR SVS-INSP/PR - HOMESTEAD 540.00
10/01/20 - 07/20/21 450.00 990.00
07/20/20 - 09/30/20 635-6213-0012 CONTR SVS-INSP/PR-HOMEWOOD 6,900.00
10/01/20 - 07/20/21 13,100.00 20,000.00
07/20/20 - 09/30/20 635-6213-0013 CONTR SVS-INSP/PR-WILLOWHOUSE -
10/01/20 - 07/20/21 90.00 90.00
PID - CONTRACTUAL SERVICES - INSPECTIONS & PLAN REVIEW
07/20/20 THROUGH 07/20/21
98
31,400.00 31,400.00
99
Lifestyle Center 4,020.00
Scheel's 4,500.00
Truckyard 2,430.00
Windmills 450.00
Homewood Suites 20,000.00
Total 31,400.00
0.75 753492 Unit A 1.57376
6.75 753491 MF 5.838885 84.92824
92.5 748393 Master 79.08935
100 86.502
100
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 -_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, ACCEPTING A PRELIMINARY SERVICE AND
ASSESSMENT PLAN FOR THE CITY OF THE COLONY PUBLIC
IMPROVEMENT DISTRICT NO. 1, INCLUDING A DETERMINATION
OF COST, A SERVICE PLAN, AN ASSESSMENT PLAN, AND AN
ASSESSMENT ROLL; ORDERING A PUBLIC HEARING FOR
TUESDAY, AUGUST 17, 2021, TO CONSIDER AN ORDINANCE
LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES WITHIN
THE CITY OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO.
1 THAT ARE SPECIALLY BENEFITED BY THE PUBLIC
IMPROVEMENTS AND SUPPLEMENTAL SERVICES BEING
PROVIDED FOR FISCAL YEAR 2021-2022; AUTHORIZING AND
DIRECTING THE PUBLICATION AND MAILING OF NOTICES FOR
SAID PUBLIC HEARING; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 372 of the Texas Local Government Code authorize the City of The
Colony, Texas, to create a public improvement district within the City of The Colony, Texas; and
WHEREAS,on Monday, September 17, 2012, there was presented to the City of The
Colony, Texas (hereinafter referred to as the “City”) a petition seeking the authorization to establish
a public improvement district (hereinafter referred to as the “District”) within the City pursuant to
Chapter 372 of the Texas Local Government Code, as amended; and
WHEREAS,on Tuesday, September 18, 2012, the City Council for the City approved
Resolution No. 2012-067, ordering a public hearing for October 8, 2012, to consider a resolution
creating the District; and
WHEREAS,on Tuesday, October 8, 2012, the City Council for the City approved
Resolution No. 2012-073, creating the City of The Colony Public Improvement District No. 1; and
WHEREAS, on Tuesday, August 17, 2021, the City Council proposes to accept the City of
The Colony Public Improvement District No. 1, Preliminary 2021-2022 Annual Service and
Assessment Plan, dated August 6, 2021, for properties within the District, including (i) a
determination of the cost of the public improvements and supplemental services being provided for
the special benefit of the District; (ii) a service plan; (iii) an assessment plan; and (iv) an assessment
roll (collectively, the “Preliminary 2021-2022 Annual SAP”), which Preliminary 2021-2022 Annual
SAP is attached hereto as Exhibit A; and
WHEREAS, the City Council proposes a public hearing for Tuesday, August 17, 2021, to
consider an ordinance levying assessments against the Property to pay for the public improvements
identified in the Preliminary 2021-2022 Annual SAP that will confer a special benefit on the
101
Property and authorizes and directs the City Secretary to publish and mail notices of said public
hearing in accordance with the Act.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The findings set forth above are incorporated into the body of this Resolution
as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby accept
the Preliminary 2021-2022 Annual Service and Assessment Plan for the District and proposed
assessment roll for the City of The Colony Public Improvement District No. 1, a copy of which is
attached hereto as Exhibit A, and is incorporated for all purposes.
SECTION 3.That the City Council of the City of The Colony, Texas, does hereby order a
public hearing to be held on Tuesday, August 17th, 2021 at 6:30 p.m., at City Hall, located at 6800
Main Street, The Colony, Texas, for the purpose of hearing public testimony concerning the levy of
special assessments in the aggregate amount of $902,327 against the property within the District to
pay for public improvements and enhanced services that will confer a special benefit on the
properties located within the City of The Colony Public Improvement District No. 1.
SECTION 4.At such time and place the City Council will hear testimony regarding the
adoption of an ordinance levying special assessments against the properties in accordance with
section 372.017 of the Act.
SECTION 5.Notices of public hearing were mailed to affected landowners within the
boundaries of the proposed District consistent with Section 372.016(c) of the Texas Local
Government Code.
SECTION 6.If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Resolution; and the City Council hereby declares it would have passed such
remaining portions of this Resolution despite such invalidity, which remaining portions shall remain
in full force and effect.
SECTION 7. This Resolution shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, THIS THE 17th DAY OF AUGUST, 2021.
102
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
103
Exhibit A
City of The Colony Public Improvement District No. 1,
Preliminary 2021-22 Annual Service and Assessment Plan
104
Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Discussion
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an appeal of the Sign Board of Appeals regarding a variance
from Chapter 6, Section 6-258 [Prohibited signs] to allow an off-premise LED digital sign [“Billboard”] at 3804
Main Street. The subject site is within the Planned Development 11 (PD-11) zoning district and the Gateway
Overlay District. (Williams)
Suggested Action:
Please see the attached City Council Appeals Memo, drawings, maps and illustrations for detailed land use,
site layout and staff recommendations
Attachments:
SBA21-0001 3804 Main Street Prohibited Sign Variance City Council Appeal (memo)..docx
3804 Main - Project Narrative with Exhibits A and B (for packet final).pdf
Notice of Appeal to City Council.pdf
Site photos (final).pdf
SBA21-0004.pdf
SBOA_Minutes 06-16-21 Certified.pdf
105
1
CITY COUNCIL APPEALS MEMO
AGENDA DATE:August 17, 2021
DEPARTMENT:Engineering/Development Services Department
SUBJECT: SBA21-0004 - 3804 Main Street Variance Off-Premise LED Digital Sign
Conduct a public hearing, discuss and consider an appeal of the Sign Board of Appeals regarding
a variance from Chapter 6, Section 6-258 [Prohibited signs] to allow an off-premise LED digital
sign [“Billboard”] at 3804 Main Street. The subject site is within the Planned Development 11
(PD-11) zoning district and the Gateway Overlay District.
APPLICANT
Owner: Gocha Properties, LC Denton, TX
Applicant:Beau Burkett
Burkett Media Austin, TX
BACKGROUND
May 6, 2021 the applicant submitted to the city a sign permit application at 3804 Main Street.
Review of the provided application reflected the intent to erect a new “EMC Digital Billboard”
sign. As this particular sign type is considered prohibited, processing of the application paused to
allow the applicant to present to the Sign Board of Appeals either an appeal of the determination
that the proposed sign type is prohibited or a request for a variance to Section 6-258 [Prohibited
Signs]. The proposed sign application reflected the construction of a sixty (60’) foot tall 378
square-foot “EMC Digital Billboard.”
To this point the sign permit application process is ongoing until the conclusion of this variance
request.
Section 6-258 lists the billboard and off-premises signs as prohibited sign types; as amended by
ordinance 2021-2437, Section 6-263 these sign types are defined as follows:
•Billboard: a large freestanding sign, general supported by a metal frame, and generally
consisting of two (2) parallel sign faces which are oriented in opposite directions, used for the
display of posters, printed, digital, or painted advertisements. The term “billboard” excludes other
signs further defined in this Article.”
[The amendment to Section 6-253 addresses message based assessment of this and similar sign
types. The definition of Billboards as mentioned above only requires an assessment of typical
characteristics for categorization.]
Subsequent to notification and the reason for the paused sign application process, the applicant
provided a variance request to the Sign Board of Appeals for consideration to allow the placement
of the proposed sign at 3804 Main Street.
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2
The Sign Board of Appeals considered the following:
A variance shall not be granted to relieve a self-imposed or personal hardship, nor shall it be based
solely on economic gain or loss. In order to make a finding of hardship and to grant a variance
from this article, the board must determine that:
1)The requested variance does not violate the intent of the article.
2)The requested variance will not adversely affect surrounding properties.
3)The requested variance will not adversely affect public safety.
4)Special conditions exist which are unique to the applicant or property.
5)The requested variance is not self-imposed or granted to relieve a personal hardship.
6)The requested variance is not based solely on economic gain or loss.
Criterion 1. The proposed sign does not violate the intent of the ordinance
The purpose of the Sign Ordinance is to regulate the location, size, construction, duration, use,
and maintenance of all signs within the corporate city limits and the extraterritorial jurisdiction
of the city on a content-neutral basis. The purpose of the Sign Ordinance is to promote the
health, safety, and welfare of the public, to achieve the efficient transfer of information to the
public, and to preserve and enhance the appearance and economic value of the built
environment. The approved sign types within the city are listed in Section 6-261 (Temporary
signs) and 6-262 (Permanent Signs); any other sign not referenced in, defined by or governed
by Article XI is prohibited. Section 6-258 specifically prohibits billboards.
Criterion 2. The proposed sign does not adversely affect the surrounding property owners
The Sign Ordinance does not provide development regulations for prohibited signs, however
similar freestanding sign types [pylon signs] regulations require a minimum separation distance
and restriction of locations within the City. The required spacing and location contributes to the
goals of environmental preservation and aesthetics by limiting the potential for sign clutter and
the potential negative impacts thereof. Further, pylon signs are not permitted along the Main
Street thoroughfare. The majority of all freestanding sign types along Main Street are either
single or multi-tenant monument signs that are permitted no taller than sixteen (16) feet; typical
billboard signage exceeds the heights of signage found on Main Street.
The dimension and spacing of permitted signage along Main Street reflects the intent to balance
the function and volume of Main Street and its proximity to residential development within the
context of the stated goals of the Sign Ordinance. The request does not indicate the effect on
surrounding property, however staff finds the proposed signage would be contrary to the
existing signage scheme along Main Street.
Criterion 3. The proposed sign does not adversely affect public safety
It is not anticipated that the proposed sign will adversely affect public safety.
Criterion 4. Special conditions exist which are unique to the applicant or property
Review of the request and a site visit, reflect no unique conditions to the applicant or property.
The subject site’s location and configuration is congruent with the majority of properties along
Main Street.
Criterion 5.The requested variance is not self-imposed or granted to relieve a personal hardship.
Staff finds the requested variance does not represent a self-imposed hardship.
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3
Criterion 6. The requested variance is not based solely on economic gain or loss.
Staff finds the requested variance is not based solely on economic gain or loss. Although the
Sign Ordinance provides a clear list of signage types that are considered prohibited, the
applicant has expressed that the prohibition of the proposed sign is contrary to the allowance of
similar signage already within the city. The request in part seeks equity to provide public
messaging consistent with this existing allowance.
Further the applicant documents established state and federal court decisions which support the
elimination of message based assessment of signage types. The applicant suggests that this
manner of evaluation is erroneous and that notwithstanding the characteristics deemed
prohibited, the signage is appropriate for the subject site.
On June 16, 2021 the Development Review Committee presentedan evaluation of the request with
the recommendation “Staff finds that the criteria for variance review have been addressed. Staff
finds no justification to the requested variance.” The Sign Board of Appeals considered staff
presentation and the testimony of the applicant and voted (3-0) to deny the variance for the
proposed “Billboard Sign.”
The applicant subsequently submitted to staff, an appeal to City Council in accordance with
Section 6-256 (f). The applicant’s appeal to City Council provides a narrative that states in part:
“Respectfully, the SBOA (1) erred as a matter of law by enforcing the constitutionally deficient
Sign Ordinance against Burkett Media and (2) erred as a matter of fact by refusing to issue a
variance to Burkett Media given it satisfied all applicable variance criteria. The City Council
should thus reverse the decision of the SBOA and instruct the Chief Building Official to issue the
requested sign permit.”
In accordance with Section 6-256, the City Council’s decision is final.
ATTACHMENTS
1. Location Map
2. SBOA packet documents (considered by SBOA 6-16-21)
3. City Council notice of appeal documents
4. June 16, 2021 SBOA Minutes
5. Site photos
108
W EBB , K LASE & L EMOND , LLC
ATTORNEYS AT LAW
1900 THE EXCHANGE, S.E. SUITE 480 ATLANTA, GEORGIA 30339
(770) 444-9325 (770) 217-9950 (facsimile)
Author’s Direct Dial: Email Address:
(770) 444-0998 Matt@WebbLLC.com
May 21, 2021
VIA FEDERAL EXPRESS
Sign Board of Appeals
c/o Development Services Department
City of The Colony, Texas
6800 Main Street
The Colony, TX 75056
Re: Project Narrative for SBOA Variance/Appeal
Subject Property: 3804 Main Street, The Colony, TX 75056
Our Client: Burkett Media
Dear Sign Board of Appeals:
Please accept this as the required Project Narrative accompanying Burkett Media’s
application to (1) appeal the City Chief Building Official’s denial of a sign permit at the subject
property or, alternatively, (2) seek a variance for the proposed sign. I have attached the denial
hereto as Exhibit A. I have also attached the original sign permit application packet hereto as
Exhibit B.
Burkett Media is a small family-owned sign company which has been doing business in
the area for the past decade. Owner Beau Burkett will appear at the SBOA hearing. Mr. Burkett
has been authorized by the landowner, Gocha Properties, LC, to seek all necessary permits to
install its proposed LED sign at the subject property.
After securing such authorization, Mr. Burkett applied to the City to install its proposed
LED sign. The sign qualifies for various “sign types” defined in the City Sign Ordinance,
including: “changeable electronic message sign,” “commercial sign,” “illuminated sign,” “off-
premises sign,” “pole sign,” and “special event sign.” Indeed, the sign would display all manner
of commercial and noncommercial messages, including political, ideological, religious, and
special event messages both related and unrelated to the premises.
Importantly, the sign is both smaller and shorter than other LED signs the City has
recently permitted in PD zoning districts. Two of these LED signs are located in the Grandscape
Development on the south side of TX-121 and are owned by 121 Acquisition Company. A third
LED sign is located on the north side of TX-121 east of the subject property and is owned by
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TMGN 121, LLC. Additionally, fourth and fifth LED signs were recently permitted by this
Board earlier this year.
On May 10, 2021, the Chief Building Official denied Burkett Media’s application on the
ground that its proposed sign “revealed the intent to construct a new ‘billboard’ . . . a prohibited
sign type.” See Exhibit A. Thus, the Chief Building Official (1) determined that the proposed
sign qualified as a billboard under the Sign Ordinance and then (2) applied the Ordinance’s
prohibition on billboards to deny the application.
The grounds for Burkett Media’s appeal and variance requests are set forth below.
I. APPEAL.
Section 6-256(e)(1) of the City Sign Ordinance grants the SBOA power to hear appeals
of the Chief Building Official’s denial of a sign permit.
Respectfully, the Chief Building Official’s denial of Burkett Media’s application is
legally erroneous because the City erroneously classified the proposed sign as a “billboard” and
in any event, the denial is unconstitutional on free speech and equal protection grounds.
A. The Proposed Sign Is Not a “Billboard.” The Sign Ordinance states that a
“billboard” is:
[a] large freestanding sign, generally supported by a metal frame, and generally
consisting of two (2) parallel sign faces, which are oriented in opposite directions,
used for the display of posted, printed, digital, or painted advertisements. The
term ‘billboard’ excludes other signs further defined in this Article.
This definition plainly does not apply to Burkett Media’s proposed sign given it
specifically excludes “other signs further defined in this Article.” As previously noted, Burkett
Media’s sign plainly qualifies as several other types of signs defined in the Sign Ordinance,
including but not limited to “changeable electronic message sign,” “commercial sign,”
“illuminated sign,” “on-premises sign,” “off-premises sign,” “pole sign,” and “special event
sign.” It is thus specifically excluded from the definition of “billboard.”
Further, Burkett Media’s sign does not consist of “two (2) parallel sign faces, as the
engineering drawings and site plan plainly show. Indeed, the sign has a “V” configuration,
making the faces non-parallel.
This definition is also entirely subjective and provides City officials with the discretion to
qualify virtually any “large freestanding sign” as a billboard. Indeed, most “large freestanding
signs” have a metal frame and are used to display advertisements. The definition thus allows
City officials to classify all freestanding signs with an unfavorable or unpopular message as a
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Page 3
prohibited billboard. This definition, which lacks precise and objective standards, plainly
provides too much discretion to government officials to license speech and is unconstitutional.
E.g., Forsyth County v. Nationalist Movement, 505 U.S. 123, 130 (1992) (speech licensing
scheme “may not delegate overly broad licensing discretion to a government official”);
Shuttlesworth v. City of Birmingham, 394 U.S. 147, 150-51 (1969); The Lamar Co. v. City of
Marietta, 538 F. Supp. 2d 1366, 1372-73 (N.D. Ga. 2008).
The term “large” is also undefined. Of course, determining whether a proposed sign is
“large” is completely within the eye of the beholder. Thus, the definition is void for vagueness.
E.g., Grayned v. City of Rockford, 408 U.S. 104, 108 (1972) (“It is a basic principle of due
process that an enactment is void for vagueness if its prohibitions are not clearly defined”).
B. The Sign Ordinance Is An Unconstitutional Speech Restriction. Even if the City
had classified sign as the correct sign type, the denial would still be invalid because the Sign
Ordinance is unconstitutional. Indeed, in the decision of Reed v. Town of Gilbert, 135 S. Ct.
2218, 2227 (2015), the Supreme Court held that “[g]overnment regulation of speech is content-
based if a law applies to particular speech because of the topic discussed or the idea or message
expressed.” Id. at 2227 (citations omitted). The Court deemed this rule to be “commonsense”
and requires a reviewing court to determine whether a law “‘on its face’ draws distinctions based
on the message a speaker conveys.” Id.
The Court then devoted several pages of its opinion to rejecting the rationales of the
lower courts for finding that the law was content-neutral. Id. at 2227-31. For instance, the Court
found that the government’s motives in adopting the law are irrelevant if the law regulates by
content on its face. Id. at 2228 (“Innocent motives do not eliminate the danger of censorship
presented by a facially content-based statute, as future government officials may one day wield
such statutes to suppress disfavored speech”). The Court also noted that “a speech regulation
targeted at specific subject matter is content-based even if it does not discriminate among
viewpoints within that subject matter.” Id. at 2230.
The Court then analyzed whether the content-based law could survive strict scrutiny,
“which requires the Government to prove that the restriction furthers a compelling interest and is
narrowly tailored to achieve that interest.” Id. at 2231 (citations omitted). The Court held that
the law could not survive strict scrutiny because, even if the town’s interests in traffic safety and
aesthetics were considered compelling governmental interests, the code was “hopelessly
underinclusive.” Id. (noting that signs bearing certain messages were “no greater an eyesore”
than other types of signs, as well as the lack of evidence that signs bearing some messages are
more detrimental to traffic safety than signs conveying favored content).
Since Reed, courts have repeatedly recognized that distinguishing between signs based on
whether the content is related to the premises is unconstitutional. For example, in Thomas v.
Schroer, 116 F.3d 869 (W.D. Tenn. 2015), a court relied upon Reed to enjoin the Tennessee
Department of Transportation from enforcing state sign laws that subjected off-premise signs to
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more regulation than on-premise signs. Id. at 875-76. This decision was affirmed by the Sixth
Circuit Court of Appeals in Thomas v. Bright, 937 F.3d 721 (6th Cir. 2019), which held that the
content-based nature of the sign regulations post-Reed was “neither a close call nor a difficult
question.” Id. at 729, 733 (“Tennessee’s Billboard Act contains a non-severable regulation of
speech based on the content of the message. Applied to [the plaintiff’s] billboard, it is, therefore,
a content-based regulation of non-commercial speech, which subjects it to strict scrutiny”). The
State of Kentucky’s off-premise sign regulations were recently thrown out on the same basis as
in the Thomas case. See L.D. Mgmt. Co. v. Grey, 988 F.3d 836, 841 (6th Cir. 2021).
Also, the Fifth Circuit Court of Appeals weighed in on this issue. The Fifth Circuit’s
decisions are binding in Texas. In Reagan National Advertising, Inc. v. City of Austin, 972
F.3d 696 (5th Cir. 2020), two sign companies filed applications to convert existing off-premise
signs (a/k/a billboards) to digital technology. The city denied the applications because its
ordinance did not allow off-premise signs to be digitized (even though signs bearing on-premise
content could be digitized). The sign companies sued arguing the ordinance was unconstitutional
pursuant to Reed but the district court granted judgment in favor of the city. The Fifth Circuit
reversed, finding the ordinance content-based and unconstitutional under Reed. The court noted
that “to determine whether a sign is on-premises or off-premises, one must read the sign and ask:
does it advertise ‘a business, person, activity, goods, products, or services not located on the site
where the sign is installed, or that directs persons to any location not on that site.’” Id. at 704.
This fact rendered the code content-based and unconstitutional. Id. at 704-710; see also Auspro
Enterprises, LP v. Texas Dep’t of Transp., 506 S.W.3d 688 (Tex. Ct. App. 2016), vacated on
other grounds, (Apr. 6, 2018) (finding TDOT’s use of on-premise/off-premise distinctions
impermissibly content based). The Sign Ordinance runs directly afoul of these binding
principles of law.
The City’s sign restrictions are also unconstitutional for other reasons. For example, the
City requires that signs be permitted before they can be posted but the code lacks requisite
procedural safeguards on the permitting process. The adage “speech delayed, is speech denied”
is recognized by the courts, which have often invalidated sign codes which did not include strict
time limits on the permitting process. E.g., Solantic, LLC v. City of Neptune Beach, 410 F.3d
1250, 1272-74 (11th Cir. 2005).
For these and other reasons, the Sign Ordinance that existed at the time Burkett Media’s
application was submitted and denied is unconstitutional and void (and thus an unlawful ground
for refusing Burkett Media’s application).
C. Burkett Media’s Equal Protection Rights Have Been Violated. In addition to the
Sign Ordinance being an unconstitutional speech restriction, denying Burkett Media’s
application also violates its equal protection rights because the City has recently allowed
similarly configured signs to be erected by others. Indeed, recently the City approved
applications of other companies (including Burkett Media itself) to build four large LED signs
adjacent to TX-121 and in the vicinity of the subject property. Burkett Media is similarly
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situated to these other applicants and the City has no rational basis for treating this application
any differently. Village of Willowbrook v. Olech, 528 U.S. 562, 564 (2000).
For the reasons expressed herein, the SBOA should reverse the Chief Building Official’s
denial of Burkett Media’s permit application and instruct the Chief Building Official to issue the
requested permit.
II. VARIANCE.
Alternatively, Burkett Media seeks a variance from all applicable provisions of the Sign
Ordinance to permit its applied-for sign. Section 6-256(e)(2) of the Sign Ordinance grants the
SBOA the power to issue variances in cases of hardship, which is demonstrated if the requested
variance (1) does not violate the intent of the ordinance, (2) will not adversely affect surrounding
properties, (3) will not adversely affect public safety, and (4) special conditions exist which are
unique to the applicant or the property. Burkett Media satisfies all criteria.
First, a variance would not violate the intent of the Sign Ordinance. Indeed, none of the
purposes of the Ordinance articulated in Section 6-251 would be infringed by permitting the
applied-for sign. The sign would be safe (see engineering plans), would promote efficient
transfer of information (including critical emergency information, see below stipulated
condition), and would not create visual clutter. Indeed, the subject property is in a highly
commercial area adjacent to a busy commercial thoroughfare and is located appropriate distances
from other existing sign structures.
Second, a variance will not adversely affect surrounding properties. The subject property
is in a highly commercial area that is appropriate for advertising signage and complies in full
with the sign regulations established by the State of Texas. The addition of the sign will have no
negative impact on the value of adjacent properties.
Third, a variance would not adversely affect public safety. The proposed sign will
comply in full with the sign regulations established by the State of Texas, including regulations
relating to the operation of the proposed sign’s LED faces (just as the existing permitted LED
signs do).
Fourth, there are special conditions that are unique to the property. Indeed, the property
is unique because it happens to be situated adjacent to one of the City’s busiest thoroughfares,
making it ideally suited for an advertising sign.
Additionally, the variance is not needed due to any action of the landowner or applicant,
nor is the variance requested to relieve a personal hardship. Rather, Burkett Media and the
landowner just want to be treated the same as those who have sought and obtained permits to
build larger signs at similarly located properties.
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Mr. Burkett very much seeks to work amicably with the City, the landowner, and the
local business community to make this sign a success. As a good faith showing of such intent,
my client offers to accept the following condition on the approval of this appeal/variance:
Burkett and any successors or assigns agree that whenever space is available
in the ad rotation one slot shall be made available to law enforcement for
emergency messaging (Amber Alerts, weather or disaster information, etc.)
or, if such spot is not in use by law enforcement, by the City for promotional
advertisements. Such ads will be posted whenever space is available in the
advertising rotation and no less than four weeks per year.
This public and charitable use of the sign will allow for invaluable messaging to the community.
An example of this marketing can be seen on the sign mock-ups included in Exhibit B.
Mr. Burkett looks forward to seeing you at the hearing and is excited to bring this
investment to the City. This project will provide much needed income for the landowner, drive
business activity in the City by allowing targeted advertising for local businesses, and provide
invaluable emergency and community messaging. If you have any questions regarding this
appeal or need any additional information, please do not hesitate to contact me.
Respectfully yours,
Matthew C. Klase
Matthew C. Klase
MCK/dgc
Attachments (Exhibits A-B)
114
EXHIBIT
A
115
From: Isaac Williams <iwilliams@thecolonytx.gov>
Subject: RE: 4/21/21 - SBOA meeting
Date: May 10, 2021 at 1:00:47 PM CDT
To: Beau Burkett <beau@burkettmedia.com>
Beau, see planning comments for below:
Consider providing an encasing of the structural support made of the same materials and color
as the primary associated structure for the first 16 feet above grade; the remainder of the
support(s) shall be painted with a textured paint in a color that matches the primary associated
structure.
I am collecting the additional comments from building and will have those to you as soon as I
can.
Further,
Review of the delivered sign application package revealed the intent to construct a new
“billboard” at 3804 Main Street 21. Section 6-258 (a) (1) lists Billboard signs as a prohibited sign
type.
Further processing and review of the submittal shall not commence until consideration by the
Sign Board of appeals offers either:
1. A decision regarding an allege error in any order, requirement, decision, or determination
made by the chief building official in connection with the refusal to grant a permit, revoke a
permit, or a decision involving any substantive or material interpretation of this article.
a. The determination by the chief building official is that the sign type reflected in the
application package is a “billboard” and in accordance with section 6-258 this sign type is
prohibited.
2. Or a Variance from this article [Article XI Section 6-258].
The Sign Board of Appeals meets on the 3rd Wednesday of each month (as necessary). The
next available meeting is on June 16, 2021. Consider submitting your SBOA application no later
than Friday 5/28 to potentially be considered on 6/16 as noticing requirements will apply (10
days prior to the public hearing), and staff will offer a review of the variance request or appeal
request prior to consideration by the Board. Please see link below.
https://www.thecolonytx.gov/DocumentCenter/View/4168/SBOA-Variance-Checklist (only five
copies are necessary)
For an appeal, I recommend copies of the proposed signage and a notice to staff of the intent to
appeal to the Sign Board of Appeals.
Please feel free to contact me to further discuss this process.
Best,
Isaac Williams
116
Senior Planner, Development Services
6800 Main Street
The Colony, Texas 75056
Office: 972-624-3164
Email: iwilliams@thecolonytx.gov
thecolonytx.gov
facebook.com/thecolonytexas
twitter.com/thecolonytexas
117
EXHIBIT
B
118
Revised 10/12
Sign Permit Application
6800 Main Street, The Colony, TX 75056
Phone 972-624-3100
THIS APPLICATION IS FOR ALL SIGNS EXCLUDING BANNERS AND INFLATABLES (SEE GENERAL PERMIT).
Incomplete application and/or submittal will delay the review process.
Three (2) full sets of plans AND an electronic .pdf, .jpg or .tif formatted disk of the plans are required to be submitted with application.
If electronic version is not provided, archiving fees will be assessed.
($20.00 SUBMITTAL FEE-ALL OTHER FEES ASSESSED DURING PLAN REVIEW)
NO SIGNS MAY BE ATTACHED TO TREES, FENCES, SHRUBS, UTILITY POLES OR STREET SIGNS.
ALL MONUMENT AND PYLON SIGNS SHALL HAVE THREE (3) DRAWINGS SEALED BY A STATE OF TEXAS REGISTERED
PROFESSIONAL ENGINEER OR ARCHITECT.
Check All That Apply:
New Sign Existing Sign On Premise Off Premise Multi Tenant Single Tenant
Illumination: None Internal External
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Type of Sign: Wall / Attached Monument Pylon
Awning Temporary Construction Other _________________________
Job Address:
Wording on Sign:
Area (sq ft): Overall Height (ft): Zoning: Valuation:
Contact person: Applicant Business Owner Contractor
Name of applicant Phone
Email
Business Owner
Name Phone
Address City State Zip
Sign Company
Name Phone
Address City State Zip
Fax E-mail
Electric Valuation of Electric Work:
Name Phone
Address City State Zip
I hereby certify that I have the authority to make the necessary application; that all information in this application is cor rect and all work will
comply with the most recently adopted International Building Codes and all other applicable state and local laws, ordinances, and regulations.
Applicant / Agent Name (PRINT)
Applicant / Agent Signature Date
Permit #: Date:
Disk Provided: Yes No
Electric: Reg Not Reg Lic exp
Sign Company: Reg Not Reg Lic exp
xx x
x
x
x EMC Digital Billboard Sign
3804 Main Street, The Colony, TX 75056
Various Commercial and Non-Commercial Messages (See Mockups Attached)
378 sqft 60 FT PD Zoning $250,000
Beau Burkett
x
beau@burkettmedia.com
512-787-2375
Burkett Media 512-787-2375
PO BOX 163266 78716-3266TXAustin
Phillips Signs 972-264-5315 x 1001
Grand Prairie116 NE 6th 75050TX
jon@phillipssigns.net
972-264-5315 x 1001
75050TXGrand Prairie
Phillips Signs
116 NE 6th
$8,000
Beau Burkett
May 4, 2021
n/a
119
Burkett Media: Sketch of Proposed Sign –3804MainStreet–The Colony, TX10.5’x36’ (378 sqft) –Single Pole, FullFlag –V with (2) LED Digital UnitsThe Sign and all its parts will be located on and overhang private property only Proposed Sign is 160Feet from On-Premise Sign on site (150 ft minimum required) Proposed Sign will have various ad content messaging (on-premise, off-premise, non-commercial, religious, political)Sign will display static digital messages (no animation) and will meet or exceed all required TxDOT criteria36FT10.5 FT378SQFTBoth Faces LED DIGITAL60 FT Overall HeightAerial View: 10.5’x36’ (378sqftper face) 2 Faced Monopole, FullFlag, V, 60 FT TallSign PoleFace Dimension10.5’x36’LED Digital Face10.5’x36’LED Digital Face120
3804 Main Street - Site Plan - New LED Billboard Sign
121
3804 Main Street - Site Plan #2 (Clear of Utilities and Easements)122
3804 Main Street - Zoning Map
123
3804 Main Street - LED Sign Blueprint (Engineered)124
125
"B""A""C"3' 11-1/4"[1200]3' 11-1/4"[1200]10' 6"[3200]ACTIVEHEIGHT11' [3352]OVERALLHEIGHT35' 5-3/16"[10800]ACTIVE WIDTH35' 11-3/16"[10952]OVERALL WIDTHDISPLAYBOTTOM0"0[]7' 2134[]DISPLAYTOP10' 6"3200[]2-7/16"[61]DISTANCE FROM 5/8" [15,875]BOLT TANGENT TOEDGE OF CLAMP1-13/16"[45]DISTANCE FROM 5/8" [15,875]BOLT TANGENT TO ROCKER/I-BEAM CONTACT POINT11-1/16"[281]3-3/8"[86]3"[76]10' 9"3276[]1-1/16"[27]LIFTEYE DIAMETER1-1/4"[32]LEDGER BOLTCENTER FROMTOP OF LEDGERSIGNAL
ENTRANCE
4-3/4"120,3[]
DISPLAY
LEFT SIDE
0"0[]
POWER
ENTRANCE
15' 6-1/4"
4730[]
POWER
ENTRANCE
15' 11-3/4"
4870[]
35' 5-3/16"
10800[]11' 9-3/4"[3600]3' 11-1/4"[1200]11' 9-3/4"[3600]SIGNAL ENTRANCE2' 3-5/8"701[]DISPLAY BOTTOM0"0[]POWER ENTRANCE2' 8-1/4"819[]DISPLAY TOP10' 6"3200[]VERTICAL UPRIGHT SPACING TABLE: SEE DD4145274 FOR APPLICABLE DESIGN CODE.IF UPRIGHT SPACINGS FALL OUTSIDE LISTED RANGE CONTACT DAKTRONICS ENGINEERINGASD DESIGN WINDPRESSURE "P"58 PSF[2,777 KPa]72 PSF[3,447 KPa]87 PSF[4,166 KPa]103 PSF[4,932 KPa]122 PSF[5,841 KPa]MAX UPRIGHTSPACING "A"12' 3"[3734]11' 6" [3505]10' 9" [3277]10' 3" [3124]9' 9" [2972]MAX CANTILEVERSPACING "B"6' [1829]5' 9" [1753]5' 6" [1676]5' [1524]4' 9" [1448]MINIMUM REQUIRED# OF UPRIGHTS34444MAX OUTSIDEUPRIGHT SPACING "C"30' 9"[9373]OVERALL DISPLAYMATRIXPIXELSHIGHPIXELSWIDEPIXELSPACING19264816MTREVDATE:BY:THE CONCEPTS EXPRESSED AND DETAILS SHOWN ON THIS DRAWINGARE CONFIDENTIAL AND PROPRIETARY. DO NOT REPRODUCE BYANY MEANS WITHOUT THE EXPRESS WRITTEN CONSENT OFDAKTRONICS, INC. OR ITS WHOLLY OWNED SUBSIDIARIES.COPYRIGHT 2016 DAKTRONICS, INC. (USA)THIRD ANGLE PROJECTIONPROJECT:DIGITAL BILLBOARDTITLE:SHOP DWG; BLD-0100 10'6"X36'(8X27 MODS)DATE:04-APR-19DIM UNITS:INCHES [MILLIMETERS]SHEETREVSCALE:1/60DO NOT SCALE DRAWING1 OF 100DESIGN:JCOOKJOB NO.FUNC - TYPE - SIZE4132665DRAWN:BKRUSEP2053E-10-BSTRUCTURAL COLUMNS MUST BE VERIFIED TO PROVIDE CORRECT NUMBER OF MOUNTING CLAMPSI-BEAM MUST BE IN CONTACT WITH DISPLAY WHEN CLAMPS ARE FULLY TIGHTENEDNOTES: 1.0 REFERENCE 1.1 REFER TO INSTALLATION AND MAINTENANCE MANUAL FOR COMPLETE INSTALLATION INSTRUCTIONS 1.2 REFER TO DAKTRONICS RISER DIAGRAM FOR ALL ELECTRICAL POWER AND SIGNAL CONNECTIONS 1.3 ALL DIMENSIONS ARE DUAL DIMENSIONED. 2.0 PROJECT RESPONSIBILITY 2.1 CUSTOMER IS RESPONSIBLE FOR DESIGNING AND CERTIFYING THE SUPPORT STRUCTURE. 2.2 CUSTOMER IS RESPONSIBLE FOR OBTAINING LOCAL CERTIFICATION FOR THE STEEL MOUNTING STRUCTURE. 2.3 CUSTOMER IS RESPONSOBLE FOR SUPPLYING EQUIPMENT W/ APPROPRIATE SAFETY FACTOR TO LIFT DISPLAY. 2.4 DAKTRONICS AND CUSTOMER ARE RESPONSIBLE FOR CONFIRMING THE STRUCTURAL UPRIGHT QUANTITY AND SIZE. DAKTRONICS IS RESPONSIBLE FOR PROVIDING STRUCTURAL CLAMPS OF THE CORRECT QUANTITY. 2.5 DISPLAY TO BE SUPPORTED EVENLY ACROSS ALL LEDGERS. SUPPORTING LEDGERS SHOULD NOT EXCEED 1/16" [1,5875 MM] TOLERANCE ON THE ELEVATIONS. SHIMS SHALL BE USED TO FILL LEDGER GAPS TO ENSURE A DISTRIBUTED LOAD. 2.6 INSTALLER/ELECTRICIAN IS RESPONSIBLE FOR DRILLING CONDUIT HOLES FOR POWER ENTRANCES ONLY AT THE DESIGNATED LOCATIONS. TYPICAL CONDUIT SIZE IS 1/2", REQUIRING A 7/8" HOLE.3.0 ENCLOSED STRUCTURE VENTILATION NOTES (WHERE APPLICABLE) 3.1 OPEN AREA REQUIREMENTS FOR NATURAL CONVECTION: PER DISPLAY = 10.875 FT² [1.010 M²] EACH AT INTAKE AND AT EXHAUST. 3.2 FORCED VENTILATION IF OPTION #1 REQUIRMENTS CAN’T BE MET: PER DISPLAY = 3262.500 CFM [92.329 CMM] WITH 10.875 FT² [1.010 M²] AT THE INTAKE 3.3 ACTIVE COOLING REQUIRMENTS IF OPTIONS #1 OR #2 CAN’T BE MET: CONTACT DAKTRONICS FOR ACTIVE COOLING REQUIRMENTS 3.4 INTAKES, EXHAUSTS, AND STRUCTURE FANS SHOULD BE EQUALLY SPACED HORIZONTALLY ALONG THE WIDTH OF THE DISPLAY. 4.0 DISPLAY SPECIFICATIONS 4.1 DISPLAY IS ALL ALUMINUM CONSTRUCTION. 4.2 DISPLAY IS FRONT AND REAR ACCESSIBLE, CONTROL SYSTEM IS REAR ACCESS ONLY. 4.3 DISPLAY WILL SHIP IN 1 SECTION. 4.4 DISPLAY OVERALL AREA: 395.220 SQ. FT [36.717 SQ. METERS] DISPLAY ACTIVE AREA: 371.999 SQ. FT. [34.560 SQ. METERS] 4.5 WEIGHTS: SECTION 100 = 3700 LBS [1679 KGS] TOTAL DISPLAY WEIGHT = 3700 LBS [1679 KGS]3" [76,2] BORDER PAINTED ALL AROUNDFRONT VIEWSECTION 100WEIGHT: 3700 LBS [1679 KGS]SEE DETAIL BSEE DETAIL CSIDE VIEWSTEEL I-BEAM STRUCTURE PROVIDED BY OTHERSRECOMMENDED CATWALK PLACEMENT. REFERENCE DRAWING 4128858 FOR CATWALK, LATERAL BRACING, & LEDGER DETAILSSEE DETAIL ATOP VIEWREAR VIEWVENTILATION INTAKE AREAVENTILATION EXHAUST AREA REMOVABLE REAR ACCESS DOORSINTERNAL CONTROL SYSTEM BEHIND THESE DOORS, REFERENCE DRAWING 4128859 FOR DETAILSSPARE PARTS LOCATED BEHIND THESE DOORSPOWER ENTRANCE LOCATIONS TYP.PILOT HOLE FOR DRILLING CONDUIT HOLE.SEE NOTE 2.6SPREADER BEAM ATTACHED TO ALL LIFTEYES REQUIRED TO LIFT DISPLAY SECTIONS.ENSURE STRUCTURAL MEMBERS DO NOT BLOCK SIGNAL ENTRANCEDETAIL ASCALE 1/15DETAIL BSCALE 1/15DETAIL CSCALE 1/15SEE DETAIL ASEE DETAIL BSEE DETAIL CALL 5/8" [15,875] A325 MOUNTING HARDWARE TO BE TIGHTENED TO 75 FT-LBS [10.37 KGF-M]; NOT TO EXCEED 100 FT-LBS [13.83 KGF-M]CLAMPS MUST BE SLID ONTO I-BEAMS UNTIL ROCKER CONTACTS I-BEAM WEB OR BOLT CONTACTS OUTER FLANGE OF I-BEAM TO ENSURE PROPER LOAD DISTRIBUTIONDETAIL ASCALE 1/15CLAMP ASSEMBLY AND 5/8" [15,875] A325 HARDWARE PROVIDED BY DAKTRONICSDETAIL BSCALE 1/15LEDGER SHELF PROVIDED BY CUSTOMER (SEE DRAWING 3041598). TO BE ATTACHED WITH 5/8" [15,875] A325 HARDWARE @2 PER SHELF BY CUSTOMERDETAIL CSCALE 1/15SUBMITTAL APPROVAL COMPANY: SIGNED: TITLE: APPROVED APPROVED AS NOTED APPROVED AS NOTED & RESUBMITDATE:3804 Main Street - Sign Schematic Detail Sheet - New LED Sign (Burkett Media)126
127
Burkett Media: 3804 Main St – Sign Mockup with Ad Content Example and Dimensions
*Sign Not to Scale for Mockup Use Only
- See Engineered Blueprint Enclosed for Sign Details
- Various Static Ad Messages Will Change
- Initial Artwork Content Example Shown Above
36 FT
10.5 FT
128
Burkett Media: 3804 Main St – Sign Mockup with Ad Content Example and Dimensions
*Sign Not to Scale for Mockup Use Only
- See Engineered Blueprint Enclosed for Sign Details
- Various Static Ad Messages Will Change
- Initial Artwork Content Example Shown Above
36 FT
10.5 FT
129
Burkett Media: 3804 Main St – Sign Mockup with Ad Content Example and Dimensions
*Sign Not to Scale for Mockup Use Only
- See Engineered Blueprint Enclosed for Sign Details
- Various Static Ad Messages Will Change
- Initial Artwork Content Example Shown Above
36 FT
10.5 FT
130
Burkett Media: 3804 Main St – Sign Mockup with Ad Content Example and Dimensions
*Sign Not to Scale for Mockup Use Only
- See Engineered Blueprint Enclosed for Sign Details
- Various Static Ad Messages Will Change
- Initial Artwork Content Example Shown Above
36 FT
10.5 FT
131
Burkett Media: 3804 Main St – Sign Mockup with Ad Content Example and Dimensions
*Sign Not to Scale for Mockup Use Only
- See Engineered Blueprint Enclosed for Sign Details
- Various Static Ad Messages Will Change
- Initial Artwork Content Example Shown Above
36 FT
10.5 FT
132
Burkett Media: 3804 Main St – Sign Mockup with Ad Content Example and Dimensions
*Sign Not to Scale for Mockup Use Only
- See Engineered Blueprint Enclosed for Sign Details
- Various Static Ad Messages Will Change
- Initial Artwork Content Example Shown Above
36 FT
10.5 FT
133
Burkett Media: 3804 Main St – Sign Mockup with Ad Content Example and Dimensions
*Sign Not to Scale for Mockup Use Only
- See Engineered Blueprint Enclosed for Sign Details
- Various Static Ad Messages Will Change
- Initial Artwork Content Example Shown Above
36 FT
10.5 FT
134
W EBB , K LASE & L EMOND , LLC
ATTORNEYS AT LAW
1900 THE EXCHANGE, S.E. SUITE 480 ATLANTA, GEORGIA 30339
(770) 444-9325 (770) 217-9950 (facsimile)
Author’s Direct Dial: Email Address:
(770) 444-0998 Matt@WebbLLC.com
June 25, 2021
VIA FEDERAL EXPRESS
The Colony City Council
c/o City Manager Troy Powell and City Senior Planner Isaac Williams
City of The Colony, Texas
6800 Main Street
The Colony, TX 75056
Re: Notice of Appeal of Denial of SBOA Appeal/Variance
Date of SBOA Meeting: June 16, 2021
Subject Property: 3804 Main Street, The Colony, TX 75056
Our Client: Burkett Media
Dear Members of the City Council:
Pursuant to Section 6-256(f) of the Sign Ordinance of the City of The Colony, please
accept this letter as written notice of our client Burkett Media’s appeal of the June 16, 2021
decision of The Colony Sign Board of Appeals (“SBOA”) to deny Burkett Media’s (1) appeal
the City Chief Building Official’s denial of a sign permit at the subject property and (2) variance
for the proposed sign. I have attached the SBOA denial hereto as Exhibit A. I have also
attached hereto the Chief Building Official’s denial of the original sign application permit as
Exhibit B, the sign permit application packet as Exhibit C, and the SBOA staff report as
Exhibit D.1
Respectfully, the SBOA (1) erred as a matter of law by enforcing the constitutionally-
deficient Sign Ordinance against Burkett Media and (2) erred as a matter of fact by refusing to
issue a variance to Burkett Media given it satisfied all applicable variance criteria. The City
Council should thus reverse the decision of the SBOA and instruct the Chief Building Official to
issue the requested sign permit.
1 Mr. Williams confirmed that the City does not have an application form for the City Council
appeal process. If there is a fee associated with this appeal, please let me know and we will
promptly pay it.
135
The Colony City Council
c/o City Manager Troy Powell and City Planner Isaac Williams
June 25, 2021
Page 2
I. BACKGROUND.
Burkett Media is a small family-owned sign company which has been doing business in
the area for the past decade. Owner Beau Burkett will appear at the City Council hearing. Mr.
Burkett has been authorized by the landowner, Gocha Properties, LC, to seek all necessary
permits to install its proposed LED sign at the subject property.
After securing such authorization, Mr. Burkett applied to the City to install its proposed
LED sign. The sign qualifies for various “sign types” defined in the City Sign Ordinance,
including: “changeable electronic message sign,” “commercial sign,” “illuminated sign,” “off-
premises sign,” “pole sign,” and “special event sign.” Indeed, the sign would display all manner
of commercial and noncommercial messages, including political, ideological, religious, and
special event messages both related and unrelated to the premises.
Importantly, the sign is both smaller and shorter than other LED signs the City has
recently permitted. Two of these LED signs are located in the Grandscape Development on the
south side of TX-121 and are owned by 121 Acquisition Company. A third LED sign is located
on the north side of TX-121 east of the subject property and is owned by TMGN 121, LLC.
Additionally, fourth, fifth, and sixth LED signs were recently permitted by this SBOA earlier this
year.
On May 10, 2021, the Chief Building Official denied Burkett Media’s application on the
ground that its proposed sign “revealed the intent to construct a new ‘billboard’ . . . a prohibited
sign type.” See Exhibit B. Thus, the Chief Building Official (1) determined that the proposed
sign qualified as a billboard under the Sign Ordinance and then (2) applied the Ordinance’s
prohibition on billboards to deny the application. Burkett Media promptly appealed this
determination and sought a variance from the SBOA.
On June 16, 2021, the SBOA denied Burkett Media’s appeal and variance by a vote of 3-
0.. The only feedback provided at the hearing by the SBOA was that the SBOA did not want to
establish a precedent for allowing billboards on Main Street.
The grounds for Burkett Media’s appeal are set forth below.
II. THE SBOA ERRED BY REFUSING BURKETT MEDIA’S APPEAL.
Section 6-256(f) of the City Sign Ordinance grants the City Council power to hear
appeals of the SBOA.
Respectfully, the SBOA’s denial of Burkett Media’s appeal is legally erroneous because
the City erroneously classified the proposed sign as a “billboard” and in any event, the denial is
unconstitutional on free speech and equal protection grounds.
136
The Colony City Council
c/o City Manager Troy Powell and City Planner Isaac Williams
June 25, 2021
Page 3
A. The Proposed Sign Is Not a “Billboard.” The Sign Ordinance states that a
“billboard” is:
[a] large freestanding sign, generally supported by a metal frame, and generally
consisting of two (2) parallel sign faces, which are oriented in opposite directions,
used for the display of posted, printed, digital, or painted advertisements. The
term ‘billboard’ excludes other signs further defined in this Article.
This definition plainly does not apply to Burkett Media’s proposed sign given it
specifically excludes “other signs further defined in this Article.” As previously noted, Burkett
Media’s sign plainly qualifies as several other types of signs defined in the Sign Ordinance,
including but not limited to “changeable electronic message sign,” “commercial sign,”
“illuminated sign,” “on-premises sign,” “off-premises sign,” “pole sign,” and “special event
sign.” It is thus specifically excluded from the definition of “billboard.”
Further, Burkett Media’s sign does not consist of “two (2) parallel sign faces, as the
engineering drawings and site plan plainly show. Indeed, the sign has a “V” configuration,
making the faces non-parallel.
This definition is also entirely subjective and provides City officials with the discretion to
qualify virtually any “large freestanding sign” as a billboard. Indeed, most “large freestanding
signs” have a metal frame and are used to display advertisements. The definition thus allows
City officials to classify all freestanding signs with an unfavorable or unpopular message as a
prohibited billboard. This definition, which lacks precise and objective standards, plainly
provides too much discretion to government officials to license speech and is unconstitutional.
E.g., Forsyth County v. Nationalist Movement, 505 U.S. 123, 130 (1992) (speech licensing
scheme “may not delegate overly broad licensing discretion to a government official”);
Shuttlesworth v. City of Birmingham, 394 U.S. 147, 150-51 (1969); The Lamar Co. v. City of
Marietta, 538 F. Supp. 2d 1366, 1372-73 (N.D. Ga. 2008).
The term “large” is also undefined. Of course, determining whether a proposed sign is
“large” is completely within the eye of the beholder. Thus, the definition is void for vagueness.
E.g., Grayned v. City of Rockford, 408 U.S. 104, 108 (1972) (“It is a basic principle of due
process that an enactment is void for vagueness if its prohibitions are not clearly defined”).
B. The Sign Ordinance Is An Unconstitutional Speech Restriction. Even if the City
had classified sign as the correct sign type, the denial would still be invalid because the Sign
Ordinance is unconstitutional. Indeed, in the decision of Reed v. Town of Gilbert, 135 S. Ct.
2218, 2227 (2015), the Supreme Court held that “[g]overnment regulation of speech is content-
based if a law applies to particular speech because of the topic discussed or the idea or message
expressed.” Id. at 2227 (citations omitted). The Court deemed this rule to be “commonsense”
and requires a reviewing court to determine whether a law “‘on its face’ draws distinctions based
on the message a speaker conveys.” Id.
137
The Colony City Council
c/o City Manager Troy Powell and City Planner Isaac Williams
June 25, 2021
Page 4
The Court then devoted several pages of its opinion to rejecting the rationales of the
lower courts for finding that the law was content-neutral. Id. at 2227-31. For instance, the Court
found that the government’s motives in adopting the law are irrelevant if the law regulates by
content on its face. Id. at 2228 (“Innocent motives do not eliminate the danger of censorship
presented by a facially content-based statute, as future government officials may one day wield
such statutes to suppress disfavored speech”). The Court also noted that “a speech regulation
targeted at specific subject matter is content-based even if it does not discriminate among
viewpoints within that subject matter.” Id. at 2230.
The Court then analyzed whether the content-based law could survive strict scrutiny,
“which requires the Government to prove that the restriction furthers a compelling interest and is
narrowly tailored to achieve that interest.” Id. at 2231 (citations omitted). The Court held that
the law could not survive strict scrutiny because, even if the town’s interests in traffic safety and
aesthetics were considered compelling governmental interests, the code was “hopelessly
underinclusive.” Id. (noting that signs bearing certain messages were “no greater an eyesore”
than other types of signs, as well as the lack of evidence that signs bearing some messages are
more detrimental to traffic safety than signs conveying favored content).
Since Reed, courts have repeatedly recognized that distinguishing between signs based on
whether the content is related to the premises is unconstitutional. For example, in Thomas v.
Schroer, 116 F.3d 869 (W.D. Tenn. 2015), a court relied upon Reed to enjoin the Tennessee
Department of Transportation from enforcing state sign laws that subjected off-premise signs to
more regulation than on-premise signs. Id. at 875-76. This decision was affirmed by the Sixth
Circuit Court of Appeals in Thomas v. Bright, 937 F.3d 721 (6th Cir. 2019), which held that the
content-based nature of the sign regulations post-Reed was “neither a close call nor a difficult
question.” Id. at 729, 733 (“Tennessee’s Billboard Act contains a non-severable regulation of
speech based on the content of the message. Applied to [the plaintiff’s] billboard, it is, therefore,
a content-based regulation of non-commercial speech, which subjects it to strict scrutiny”). The
State of Kentucky’s off-premise sign regulations were recently thrown out on the same basis as
in the Thomas case. See L.D. Mgmt. Co. v. Grey, 988 F.3d 836, 841 (6th Cir. 2021).
Also, the Fifth Circuit Court of Appeals weighed in on this issue. The Fifth Circuit’s
decisions are binding in Texas. In Reagan National Advertising, Inc. v. City of Austin, 972
F.3d 696 (5th Cir. 2020), two sign companies filed applications to convert existing off-premise
signs (a/k/a billboards) to digital technology. The city denied the applications because its
ordinance did not allow off-premise signs to be digitized (even though signs bearing on-premise
content could be digitized). The sign companies sued arguing the ordinance was unconstitutional
pursuant to Reed but the district court granted judgment in favor of the city. The Fifth Circuit
reversed, finding the ordinance content-based and unconstitutional under Reed. The court noted
that “to determine whether a sign is on-premises or off-premises, one must read the sign and ask:
does it advertise ‘a business, person, activity, goods, products, or services not located on the site
where the sign is installed, or that directs persons to any location not on that site.’” Id. at 704.
This fact rendered the code content-based and unconstitutional. Id. at 704-710; see also Auspro
138
The Colony City Council
c/o City Manager Troy Powell and City Planner Isaac Williams
June 25, 2021
Page 5
Enterprises, LP v. Texas Dep’t of Transp., 506 S.W.3d 688 (Tex. Ct. App. 2016), vacated on
other grounds, (Apr. 6, 2018) (finding TDOT’s use of on-premise/off-premise distinctions
impermissibly content based). The Sign Ordinance runs directly afoul of these binding
principles of law.
The City’s sign restrictions are also unconstitutional for other reasons. For example, the
City requires that signs be permitted before they can be posted but the code lacks requisite
procedural safeguards on the permitting process. The adage “speech delayed, is speech denied”
is recognized by the courts, which have often invalidated sign codes which did not include strict
time limits on the permitting process. E.g., Solantic, LLC v. City of Neptune Beach, 410 F.3d
1250, 1272-74 (11th Cir. 2005).
For these and other reasons, the Sign Ordinance is unconstitutional and void (and thus an
unlawful ground for refusing Burkett Media’s application). Because no lawful regulation barring
Burkett Media’s proposed signs exists, the sign must be permitted.
C. Burkett Media’s Equal Protection Rights Have Been Violated. In addition to the
Sign Ordinance being an unconstitutional speech restriction, denying Burkett Media’s
application also violates its equal protection rights because the City has recently allowed
similarly configured signs to be erected by others. Indeed, recently the SBOA approved
applications of other companies (including Burkett Media itself) to build five large LED signs in
the vicinity of the subject property. Burkett Media is similarly situated to these other applicants
and the City has no rational basis for treating this application any differently. Village of
Willowbrook v. Olech, 528 U.S. 562, 564 (2000).
For the reasons expressed herein, the City Council should reverse the SBOA’s denial of
Burkett Media’s permit application and instruct the Chief Building Official to issue the requested
permit.
III. THE SBOA ERRED BY DENYING BURKETT MEDIA A VARIANCE.
The SBOA also erred by refusing Burkett Media’s application for a variance from all
applicable provisions of the Sign Ordinance because the evidence clearly shows our client
readily satisfied all variance criteria.
Section 6-256(e)(2) of the Sign Ordinance sets forth the criteria for demonstrating a
hardship in order to obtain a variance. Specifically, it requires the applicant to show the
requested variance (1) does not violate the intent of the ordinance, (2) will not adversely affect
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c/o City Manager Troy Powell and City Planner Isaac Williams
June 25, 2021
Page 6
surrounding properties, (3) will not adversely affect public safety, and (4) special conditions
exist which are unique to the applicant or the property. Burkett Media satisfied all criteria.2
First, a variance would not violate the intent of the Sign Ordinance. Indeed, none of the
purposes of the Ordinance articulated in Section 6-251 would be infringed by permitting the
applied-for sign. The sign would be safe (see engineering plans), would promote efficient
transfer of information (including critical emergency information, see below stipulated
condition), and would not create visual clutter. Indeed, the subject property is in a highly
commercial area adjacent to a busy commercial thoroughfare and is located appropriate distances
from other existing sign structures.
Second, a variance would not adversely affect surrounding properties. The subject
property is adjacent to a highly commercial thoroughfare that is appropriate for advertising
signage and complies in full with the sign regulations established by the State of Texas. The
addition of the sign will have no negative impact on the market value of adjacent properties.
Indeed, the sign will only serve to increase the value of such commercial properties by giving
them an important mechanism to attract more attention and generate more business. No
neighbor or property owner in the area has expressed any opposition to the proposed sign (such
as any concern that it would impact the value or enjoyment of their property).
Third, a variance would not adversely affect public safety. The proposed sign will
comply in full with the sign regulations established by the State of Texas, including regulations
relating to the operation of the proposed sign’s LED faces (just as the existing permitted LED
signs do).
Fourth, there are special conditions that are unique to the property. Indeed, the property
is unique because it happens to be situated adjacent to one of the City’s busiest thoroughfares,
making it ideally suited for an advertising sign.
Additionally, the variance is not needed due to any action of the landowner or applicant,
nor is the variance requested to relieve a personal hardship. See Staff Report. Rather, Burkett
Media and the landowner just want to be treated the same as those who have sought and obtained
permits to build larger and taller signs at similarly located properties.
Mr. Burkett very much seeks to work amicably with the City, the landowner, and the
local business community to make this sign a success. As a good faith showing of such intent,
my client offers to accept the following condition on the approval of this appeal/variance:
2 Staff found that Burkett Media satisfied all variance criteria except the second criteria. See
Staff Report. However, as explained below, staff presented no evidence in support of its
conclusion that the sign would adversely affect surrounding properties and this conclusion is
contrary to the facts.
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c/o City Manager Troy Powell and City Planner Isaac Williams
June 25, 2021
Page 7
Burkett and any successors or assigns agree that whenever space is available
in the ad rotation one slot shall be made available to law enforcement for
emergency messaging (Amber Alerts, weather or disaster information, etc.)
or, if such spot is not in use by law enforcement, by the City for promotional
advertisements. Such ads will be posted whenever space is available in the
advertising rotation and no less than four weeks per year.
This public and charitable use of the sign will allow for invaluable messaging to the community.
An example of this marketing can be seen on the sign mock-ups included in Exhibit C.
The SBOA’s expressed concern that granting a variance would set a binding precedent
requiring the SBOA to approve future LED sign application on Main Street is legally incorrect.
Every variance application and property is unique and authorizing a variance for one
property/sign does not require a variance for another property/sign so long as in the latter case
some evidence is presented that the variance criteria are not satisfied. Here, there has been no
evidence presented that any of the variance criteria have not been met. City staff agreed that all
but one criteria were satisfied but presented no evidence in support of the one criteria it
determined was not satisfied. Meanwhile, Burkett Media presented evidence that the sign would
only serve to increase the value of surrounding commercial properties. Granting a variance
under these circumstances would not set a precedent governing all future sign variances adjacent
to Main Street.
Mr. Burkett looks forward to seeing you at the hearing and is excited to bring this
investment to the City. This project will provide much needed income for the landowner, drive
business activity in the City by allowing targeted advertising for local businesses, and provide
invaluable emergency and community messaging. If you have any questions regarding this
appeal or need any additional information, please do not hesitate to contact me.
Respectfully yours,
Matthew C. Klase
Matthew C. Klase
MCK/lh
Attachments (Exhibits A-D)
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EXHIBIT
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EXHIBIT
B
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EXHIBIT
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EXHIBIT
D
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SBA21-0004 3804 Main Street
Looking East at proposed location from Main Street. Looking South at proposed location from adjacent site.
Looking North at proposed location from adjacent site. Looking West at proposed location from the subject site.
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MM EE MM OO RR IIAA LL DD RRMA
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This ma p was genera ted by GIS d ata provided by Th e Colony GIS Departmen t. The City of T he Colony does not guar antee th e co rrectness oraccuracy of any fea tures o n this map. These digital products are for llustration purpose s only a nd are no t suitable for site -specific decision making. /Project N o. SBA 21-0004 - Project Name: 3804 M ain St. LED Digital Sign Variance
Subject Area
Sub ject Area
Agricultu ral
Business Park
Business Park/I ndustrial
Duplex Dwelling
Gene ral Retail
Heavy Comm ercial
Industrial
Light Commercial
Mobile Hom e
Neighb orh ood Service
Office District 1
Planned Development
Shopping Center
Single Family Dwel ling
Townhome
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Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code regarding contemplated litigation, including commencement of Chapter 54 of the Texas
Local Government Code cause of action, concerning 7413 Water’s Edge Court.
B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government
Code regarding commercial or financial information the city has received from a business prospect(s), and to
deliberate the offer of a financial or other incentive to a business prospect(s).
Suggested Action:
Attachments:
174
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: August 17, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Any action as a result of executive session regarding 7413 Water’s Edge Court.
B. Any action as a result of executive session regarding commercial or financial information the city has
received from a business prospect(s).
Suggested Action:
Attachments:
175