The URL can be used to link to this page

Home My WebLink About2021 0907Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Presentation Agenda Section: Subject: Receive a presentation from the Friends of The Colony's Pawsome Playground. (Council) Suggested Action: Attachments: 5 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Proclamation Agenda Section: Subject: Proclamation recognizing September 2021 as United Way of Denton County - LIVE UNITED Month. (Council) Suggested Action: Attachments: United Way Proclamation.doc 6 MAYORAL PROCLAMATION WHEREAS,United Way of Denton County has been identifying Denton County’s needs and responding to them for over 68 years; and WHEREAS,United Way of Denton County is unparralled in power to assemble partners, providers and resources to address the needs of neighbors in crisis, and WHEREAS,United Way of Denton County works with a network of nonprofits across Denton County to address a variety of needs, including feeding those who face food insecurity; preparing children for success in school, work, and life; and connecting those in crisis with resources to pay bills, stay in their homes, and find employment; and WHEREAS,United Way of Denton County remains committed more than ever before to bring people together to help our communities recover, rebuild and thrive; and NOW, THEREFORE,I, Joe McCourry, Mayor of the City of The Colony, do hereby proclaim September 2021 LIVE UNITED Month in the City of The Colony, and ask all residents to LIVE UNITED. SIGNED AND SEALED this 7th day of September, 2021. __________________________________ Joe McCourry, Mayor __________________________________ Tina Stewart, City Secretary 7 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Proclamation Agenda Section: Subject: Proclamation recognizing September 17 through September 23, 2021 as "Constitution Week". (Council) Suggested Action: Attachments: Constitution Week 2021 Proclamation.doc 8 MAYORAL PROCLAMATION WHEREAS,September 17, 2021, marks the two hundred and thirty-fourthanniversary of the draftingof the Constitution of the United States of America by the Constitutional Convention; and WHEREAS,it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America, designating September 16th through 22nd as Constitution Week. NOW, THEREFORE,I, Joe McCourry, Mayor of The Colony, Texas, do hereby proclaim the week of September 17 – 23, 2021 as: CONSTITUTION WEEK and ask our citizens toreaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of The Colony, Texas, to be affixed this 7thday of September, 2021. Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC, City Secretary 9 Agenda Item No:1.8 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 10 Agenda Item No:1.9 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Lindsey Stansell Submitting Department: Parks & Recreation Item Type: Announcement Agenda Section: Subject: Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell) Suggested Action: Attachments: 11 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Presentation Agenda Section: Subject: Receive a presentation from Matthews Southwest on the LPGA tournament. (Powell) Suggested Action: Attachments: 12 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 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: 13 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 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 17, 2021. (Stewart) Suggested Action: Attachments: August 17, 2021 DRAFT Minutes.docx 14 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 17, 2021 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:33 p.m. on the 17 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 Present Present Present Present Present Present And with 7 council members present a quorum was established and the following items were addressed in this meeting remotely via videoconference. 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor McCourry called the meeting to order at 6:33 p.m. 1.2 Invocation Father Joy Joseph with Holy Cross Catholic 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 Recognize members of First Baptist Church The Colony and Lowes Store No. 2567 for their contributions and support of The Colony Volunteer Assistance Program. Community Outreach Officer, Danny Dill, provided a presentation on this item. Members of First Baptist Church of The Colony and Lowes Store No. 2567 accepted certificates of appreciation for their contribution to the community. 1.6 Items of Community Interest None 2.0 CITIZEN INPUT Kevin Bradley, 1811 E. Frankford Road, Apt. 602, Carrollton, spoke concerning Solar Automated Permit Processing from the Department of Energy. 15 City Council – Regular Meeting Agenda August 17, 2021 Page| 2 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approveall items from the Consent Agenda-Mikulec; second byWade,motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for August 4, 2021. 4.2 Consider approving continued city funding for the LPGA Volunteers of America Golf Classic Tournament for the next two years. 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. RESOLUTION NO. 2021-050 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. RESOLUTION NO. 2021-051 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution adopting The Colony Public Library Strategic Plan for 2021-2025. Director of Library, Megan Charters, presented the proposed resolution to Council. Motion to approve- Terre; second by Mikulec, motion carried with all ayes. RESOLUTION NO. 2021-052 16 City Council – Regular Meeting Agenda August 17, 2021 Page| 3 **AGENDA ITEM NOS. 5.2 AND 5.3 PRESENTATIONS COMBINED WITH SEPERATE MOTIONS AND VOTES** 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 7, 2021 at 6:30 p.m. at The Colony City Hall, 6800 Main Street. Assistant City Manager of Administration, Tim Miller, reviewed the proposed tax rate and preliminary municipal budget for FY2021-2022 with Council. Chief Coulon was available for questions. The public hearing for Agenda Item Nos. 5.2 and Agenda Item No. 5.3 was opened and closed at 7:21 p.m. with no speakers. Motion to approve- Mikulec; second by Wade, motion carried with all ayes. 5.3 Conduct a public hearing, discuss and consider the City of The Colony Preliminary Municipal Budget 2021-2022. Motion to approve- Wade; second by Boyer, motion carried with all ayes. 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. Mayor McCourry recused himself from the discussion due to a conflict of interest. Executive Business Liaison, Jeremie Maurina, presented the proposed ordinance to Council. The public hearing was opened at 7:34 and closed at 7:35 p.m. with no speakers. Motion to approve the resolution as revised- Mikulec; second by Marks, motion carried with all ayes. RESOLUTION NO. 2021-053 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. Senior Planner, Isaac Williams, provided an overview on the item to Council. 17 City Council – Regular Meeting Agenda August 17, 2021 Page| 4 Executive Session was convened at 7:38 p.m. The public hearing opened at 7:53 p.m. Beau Burkett, P.O. Box 163266, Austin, spoke in support of the item. There being no other speakers the public hearing closed at 7:58 p.m. Regular Session was reconvened at 7:53 p.m. Motion to support the Sign Board of Adjustment’s decision to deny- Wade; second by Mikulec, motion carried with all ayes. Executive Session was convened at 8:00 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 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). **No discussion on this item** Regular Session was reconvened at 8:20 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding 7413 Water’s Edge Court. No Action B. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:20 p.m. 18 City Council – Regular Meeting Agenda August 17, 2021 Page| 5 APPROVED: __________________________________ Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC, CMC City Secretary 19 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for the month of July. (Council) Suggested Action: Attachments: Council July Expenditures.pdf 20 21 22 23 24 25 26 27 28 29 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Consider accepting Megan Stoner's resignation from the Keep The Colony Beautiful Board. (Council) Suggested Action: Attachments: 30 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute a Joint Election Agreement and Contract for election services with Denton County Elections for the November 2, 2021 General Election. (Council) Suggested Action: Attachments: County Joint Contract - DRAFT.docx Res. 2021-xxx Denton County Joint Election Agreement.doc 31 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES This CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions, herein referred to as “participating authority or participating authorities” located entirely or partially inside the boundaries of Denton County: Participating Authorities: [entities] This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint [election-date] election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections Administrator.” RECITALS Each participating authority listed above plans to hold a General or Special Election on [election- date]. Denton County plans to hold county-wide voting for this General Election. The County owns the Hart InterCivic Verity Voting System, which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions (participating authorities) desire to use the County’s voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections, in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to all parties, IT IS AGREED as follows: I. ADMINISTRATION The participating authorities agree to hold a “Joint Election” with Denton County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. 32 It is understood that other political subdivisions may wish to participate in the use of the County’s Verity voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes, on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro-rated among the participants according to Section XI of this contract. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Elections Administrator. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Early Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating authority, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Exhibit A of this agreement. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Exhibit A. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting bilingual polling place officials (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall have one or more election officials who are fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling 33 place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Election judges and clerks who attend in-person voting equipment training and/or procedures training, shall be compensated at the rate of $12 an hour. Election judges and clerks that elect to complete online training shall be compensated as a rate of a flat $40. In the event that as Election judge or clerk completes both in-person and online training, they shall be compensated for the training resulting in the highest pay and will not be compensated for both trainings. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying them of their appointment, the dates/times and locations of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091 and overtime after 40 hours worked per week, if applicable. The election judge, or their designee, will receive an additional sum of $25.00 for picking up the election supplies and equipment prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Likewise, the Lead Clerk in Early Voting, or their designee, will receive an additional sum of $25.00 for picking up the election supplies prior to the first day of Early Voting and for returning the supplies and equipment to the Elections Department after Early Voting has ended. The compensation rates established by Denton County are: Early Voting – Lead Clerk ($14/ hour), Clerk ($12/ hour) Election Day – Presiding Judge ($14/hour), Alternate Judge ($13/ hour), Clerk ($12/ hour) The Elections Administrator may employ other personnel necessary for the proper administration of the election, as well as, pre and post-election administration. In such cases, costs shall be pro- rated among participants of this contract. Personnel working in support of full-time staff will be expensed on a pro-rated basis and include a time period of one week prior to the election, during the election, and one week post-election. Personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. 34 If elections staff is required outside of the hours of the office’s normal scope of business, the entity(ies) responsible for the hours will be billed for those hours. The Elections Administrator will determine when those hours are necessary, the number of staff and whom are necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5 times the staff's hourly rate (See Sections XV #10). The Election Administrator has the right to waive these costs as they see fit. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for delivery of all election supplies and voting equipment including, but not limited to, the County’s Verity voting system and equipment, official ballot paper, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. Any additional required materials (required by the Texas Election Code) must be provided by the participating authority, and delivered to the Elections Office thirty-three (33) calendar days (September 30, 2021) prior to Election Day. If this deadline is not met, the material must be delivered by the participating authority, to all Early Voting and Election Day locations affected, prior to voting commencing. The Elections Administrator shall be responsible for conducting all required testing of the voting equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating authorities shall share a mutual ballot in those precincts where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ballot is to be printed). Said list must be provided to the Elections Office within three (3) business days following the last day to file for a place on the ballot or after the election is ordered, whichever is later. The list must be in a Word document, the information must be in an upper and lowercase format, be in Arial 12 point font, and must contain candidate contact information for the purposes of verifying the pronunciation of each candidate’s name. Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. Each participating authority shall be responsible for proofing and approving the audio recording of the ballot insofar as it pertains to that authority’s candidates and/or propositions. The approval must be finalized with the Elections Office within five (5) calendar days of the receipt of the proofs, or the provided proofs shall be considered approved. The joint election ballots shall list the County’s election first. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall 35 be arranged with the appropriate school district ballot content appearing on the ballot following the County’s election, followed by the appropriate city ballot content, and followed by the appropriate water district or special district ballot content. Early Voting by personal appearance and on Election Day shall be conducted exclusively on Denton County’s Verity voting system including provisional ballots. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on the relevant employees upon hiring as required by Election Code 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authorities shall serve in that capacity without additional compensation. Exhibit A of this document includes locations, dates, and times that voting will be held for Early Voting by personal appearance. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. All requests for temporary branch polling places will be considered, and determined based on the availability of facility and if it is within the Election Code parameters. All costs for temporary locations including coverage by Election Administration staff will be borne by the requesting authority. The Elections Administrator will determine when those hours are necessary, the number of staff and whom are necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5 times the staff’s hourly rate (See Sections XV #10). The Election Administrator has the right to waive these costs as they see fit. The standard dates and hours for the [election-date] election will be as follows: Monday, October 18, 2021 through Saturday, October 23, 2021; 8am – 5pm Sunday, October 24, 2021; 11am-4pm Monday, October 25, 2021 through Friday, October 29, 2021; 7am-7pm. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities 36 shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address of the Early Voting Clerk is as follows: Frank Phillips, Early Voting Clerk Denton County Elections PO Box 1720 Denton, TX 76202 Email: elections@dentoncounty.gov Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots that are sent by a contract carrier (ie. UPS, FedEx, etc.) shall be delivered to the Early Voting Clerk at the Denton County Elections Department physical address as follows: Frank Phillips, Early Voting Clerk Denton County Elections 701 Kimberly Drive, Suite A101 Denton, TX 76208 Email: elections@dentoncounty.gov The Elections Administrator shall post on the county website, the participating authority’s Early Voting Roster on a daily basis. In accordance with Section 87.121 of the Election Code, the daily roster showing the previous day’s early voting activity will be posted no later than 11:00 am each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint the Presiding Judge of an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Brandy Grimes, Deputy Elections Administrator Tabulation Supervisor:Jason Slonaker, Technology Resources Coordinator Presiding Judge:Early Voting Ballot Board Judge Alternate Judge:Early Voting Ballot Board Alternate Judge 37 The counting station manager or their representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated by posting on the Election Administrator's Election Night Results website. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station (if requested) and by posting to the Election Administrator's Election Night Results website. To ensure the accuracy of reported election returns, results printed on the reports produced by Denton County’s voting equipment will not be released to the participating authorities at the remote collection locations or from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct-by-precinct results that are required by Texas Election Code Section 67.004 for the participating authorities to conduct their respective canvasses. Each participating authority shall be responsible for the official canvass of its respective election(s), and shall notify the Elections Administrator, or their designee, of the date of the canvass, no later than three days after Election Day. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY Each participating authority with territory containing population outside of Denton County agrees that they Elections Administrator shall administer only the Denton County portion of those elections. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within three (3) business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the [election-date] election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. 38 Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Tuesday, December 7, 2021, with early voting being held in accordance with the Election Code. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of general expenses, which are not directly attributable to an individual polling location, will be expensed by each participating authority’s percentage of registered voters of the total registered voters of all participating authorities. Expenses for Early Voting by personal appearance shall be allocated based upon the actual costs associated with each early voting location. Each participating authority shall be responsible for an equal portion of the actual costs associated with the early voting locations within their jurisdiction. Participating authorities that do not have a polling location within their jurisdiction shall pay an equal portion of the nearest polling location. Election Day location expenses will be allocated based on each participating authority’s percentage of registered voters assigned to each polling place. If a participating authority’s election is conducted at more than one Election Day polling location there shall be no charges or fees allocated to the participating authority for the cost of the Election Day polling location in which the authority has fewer than 50% of the total registered voters served by that polling location, except that if the number of registered voters in all of the authority’s polling locations is less than the 50% threshold, the participating authority shall share the expenses, based on their percentage of registered voters, of the polling location at which it has the greatest number of registered voters. In the event that participating authorities with overlapping boundaries cannot make an agreement on Early Voting and/or Election Day locations, the requesting participating authority agrees to bear the entire expense of the location. Each participating authority requesting additional hours, outside of the standard hours, for a location or locations, agree to split the cost of the additional open hours equally amongst the requesting participating authorities. Costs for Early Voting by mail, in-person ballots, provisional ballot, and Poll Pad paper shall be allocated according to the actual number of ballots issued to each participating authority’s voters and the cost shared equally amongst participating authorities of each ballot style. Each participating authority agrees to pay the Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. 39 The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with an individual jurisdiction if the above formula results in a cost allocation that is inequitable. If any participating authority makes a special request for extra Temporary Branch Early Voting by Personal Appearance locations as provided by the Texas Election Code, that entity agrees to pay the entire cost for that request. Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters in Denton County, and that do not have an Election Day polling place or early voting location within their Denton County territory shall pay a flat fee of $400 for election expenses. Election expenses, including but not limited to, overtime charges for Election Office staff, and any unforeseen expenses needed to conduct the election, will be borne by the participating authority or authorities, affected. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by the Denton County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fees, if applicable. It is agreed that any of the joint election early voting locations that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting location at the Denton County Elections Building, may be dropped from the joint election unless one or more of the remaining participating authorities agreed to fully fund such location(s). In the event that any early voting location is eliminated under this section, as addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public 40 Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the appropriate participating authority. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authorities agree that any recount shall take place at the office of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor, and the participating authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Treasurer and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one of more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this 41 agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. 9. Failure for a participating authority to meet the deadlines as outline in this contract may result in additional charges, including but not limited to, overtime charges, etc. 10. Elections Staffing Hourly Rate (includes all benefit pay): Absentee Voting Coordinator $40.023 Voter Registration Clerk $30.068 - $33.299 Technology Resources Coordinator $43.227 Elections Technician $30.521 - $34.762 Voter Registration Coordinator $37.503 Training Coordinator $41.899 Election Coordinator $34.763 XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the [election-date] election (or runoff election, if applicable). The participating authority’s obligation shall be paid to Denton County within 30 days after the receipt of the final invoice from the Denton County Elections Administrator. The total estimated obligation for each participating authority under the terms of this agreement shall be provided within 45 days after the last deadline for ordering an election: [costs] [pagebreak] THIS PAGE INTENTIONALLY BLANK. 42 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - ______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY ELECTIONS FOR THE NOVEMBER 2, 2021 GENERAL ELECTION; ATTACHING THE APPROVED FORM OF CONTRACT 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 JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES by and between the CITY OF THE COLONY and DENTON COUNTY ELECTIONS for the NOVEMBER 2, 2021 GENERAL ELECTION. Section 2.That a true and correct copy of the Agreement is attached hereto and incorporated herein, as Exhibit A. Section 3.That the Mayor is authorized to execute the Agreement on behalf of the City. 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 7 th day of September 2021. ______________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 43 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a contract with SPAN, Inc. for transportation and nutrition services in the 2021-22 Fiscal Year. (Perez) Suggested Action: Attachments: FY21-22 SPAN Agreement.docx Res. 2021-xxx SPAN Contract for Services.doc 44 Page 1 of 6 STATE OF TEXAS § COUNTY OF DENTON § CONTRACT FOR SERVICES THIS SERVICE AGREEMENT ("Agreement") is entered into by and between the City of The Colony, Texas, acting by and throughits duly authorized City Manager(hereinafter referred to as "CITY") and SPAN, Inc., (hereinafter referred to as "SPAN"), a Texas non-profit corporation operating in Denton County, Texas as an organization described in Section 501(c)(3) of the Internal Revenue Code, acting by and through its duly authorized Executive Director. WHEREAS SPAN enables people to live as fully and independently as possible by providing nutrition, transportation and social services to older persons, persons with disabilities, veterans, and the general public; and WHEREAS the success of or failure of the SPAN's purposes and objectives has a direct impact on the health and welfare of the citizens of the city; and WHEREAS the City is charged with the responsibility of promoting and preserving the health, safety, peace, good government, and welfare of its citizens; and WHEREAS SPAN transportation services were developed to provide safe and efficient transportation to seniors, persons with special needs, veterans and as otherwise defined by agreements into which SPAN may enter from time to time; and WHEREAS The CITY and SPAN desire to enter into this Agreement whereby SPAN will provide demand response transit service for CITY residents that are seniors (age 60 or older), people with documented disabilities, veterans, spouses of veterans and companions or personal care attendants of the passenger types (hereafter referred to collectively as "Riders"),and WHEREAS Riders in CITY are taken anywhere in SPAN’s demand response transit service area at a cost to the Riders of $3.00 for seniors (age 60 and older) and people with documented disabilities; and WHEREAS Riders may call in at least one (1) day in advance, but no more than two (2)weeks in advance, to set up appointments for pick-up and drop off by calling SPAN'S Transportation Office at 940-382-1900 weekdays between the hours of 8:00 a.m. and 2:00 p.m.: and WHEREAS Demand response transit service is available between the hours of 7:00 a.m.and 6:00 p.m. Monday through Friday excluding major holidays and subject to capacity constraints. 45 Page 2 of 6 NOW, THEREFORE, THE CITY AND SPAN DO HEREBY COVENANT AND AGREE AS FOLLOWS: 1.Recitals The foregoing recitals are found to be true and correct, are fully incorporated into the body of this Agreement and made a part hereof by reference just as though they are set out in their entirety. 2.Scope ofTransportation Services SPAN shall provide door-to-door demand response transit services to CITY citizens residing in Denton County who are Riders in accordance with this Agreement and SPAN's "Transportation Policy and Procedures" which is attached hereto as Exhibit "A" and incorporated herein by reference as though it were set out in its entirety ("Policy"). In the event of conflict between this Agreement and the Policy, this Agreement shall control. In performing services under this Agreement, the relationship between the CITY and SPAN is that of an independent contractor. No term or provision of this Agreement or act of SPAN in the performance of this Agreement shall be construed as making SPAN the agent, servant,or employee of theCITY. 3.SPAN Transportation Operations a.SPAN shall provide all equipment, facilities, qualified employees, training, and insurance necessary to establish a demand response transit service for the CITY's Riders. SPAN shall further establish, operate, and maintain an accounting system for this program that will allow for a tracking of services provided to Riders anda review of the financial status of the program.SPAN shall also track and break down the information regarding the number of one-way trips it provides to Riders. b.The CITY shall have the right to review the activities and financial records kept incident to the services provided to the CITY's Riders by SPAN. In addition,SPAN shall provide monthly ridership information to the City Manager or his/her designee specifically identifying the number of Rider trips including rider origination, destination, and purpose. c.SPAN will be responsible for verifying and documenting the eligibility of Riders. SPAN reserves the right to determine on an individual basis whether SPAN has the capability to safely transport a passenger. In the event that safety is compromised, SPAN may decline transportation for this person and must document the reason why service was declined. d.Span will inform riders that their trips to the doctor or dentist’s office, hospital, drug store or other location may qualify as a Medicaid eligible trip. e.Span reserves the right to immediately terminate services without warning if a passenger poses a safety risk to himself/herself or any other person. Span also reserves the right to suspend or terminate riders who violate Span’s cancellation policy. 46 Page 3 of 6 4.Payment Due to the CARES Act, federal funding for transportation services will allow for 100% reimbursed billing without the need for a local funding match. CARES Act funds allow for Federal funds to reimburse transportation expenses incurred by the city. SPAN demand response transportation will be provided to the city without a fee for the entirety of the agreement. a.Due to Cares Act funding Span will produce monthly trip reports but will not need to monitor usage. b.It is further understood and agreed that the service provided hereunder shall be secondary to and not in lieu of or as a substitute for transportation services available through or funded by Medicare and/or Medicaid or any other program, insurance, or provider. 5.Senior Center Trip Fare Reimbursement In addition, the City of The Colony hereby agrees to pay an amount not to exceed Seven Thousand and Five Hundred 00/100 dollars ($7,500.00) as reimbursement for Senior Center attendees' transportation/fares to and from the Senior Center based on 2,500 city of The Colony residents’ fare cost of $3.00 per trip. Reimbursement of Senior Center fares shall be processed according to the following: May 2022- SPAN may invoice the city of The Colony - (include ridership/trip counts for October 2021- March 2022) October 2022 -SPAN may invoice the city of The Colony - balance of ridership for the year (include ridership/trip counts for April 2022- September 2022) Total Fare Reimbursement for Senior Center Fares for FY 2021-22 shall not exceed $7,500.00. 6.General Services Support In addition to the transportation services described above, SPAN covenants and agrees that it shall provide its services to eligible city residents including: a.Meals at the Senior Center b.Home delivered meals c. Nutrition education to meal program participants. d.Reimbursement for transportation/fares for clients of The Colony Next Steps 501c3 47 Page 4 of 6 e. Per authorization of city of The Colony City Manager or designee, reimbursement for costs associated with the delivery of SPAN’s services to residents of The Colony who otherwise do not qualify for SPAN’s services due to federal or state funding regulations and guidelines. For the operation and provision of the services described in subsections a, b and c of this Article 6, the City shall pay SPAN the sum of Seven Thousand Five Hundred and no/100 dollars ($7,500.00) upon execution of this Contract for Services. For the operation and provision of the services described in subsections d and e of this Article 6, the City shall pay SPAN the sum of Three Thousand and no/100 dollars ($3,000.00) upon execution of this Contract for Services. 7.Indemnification SPAN assumes all liability and responsibility for and agrees to fully indemnify,hold harmless and defend the CITY, and its officials, officers, agents, servants and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorney's fees,for injury to or death of a person or damage to property,arising out of or in connection with, directly or indirectly, the performance, attempted performance or nonperformance of the services described hereunder or in any way resulting from or arising out of the management, supervision,and operation of the program and activities of SPAN.In the event of joint and concurring responsibility of SPAN and the CITY, responsibility,and indemnity,if any,shall be apportioned comparatively in accordance with Texas Law,without waiving any defense of either party under Texas Law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights,contractual or otherwise, to any other person or entity. 8.Insurance SPAN shall obtain public liability insurance of the types and in the amounts set forth below from an insurance carrier or underwriter licensed to do business in the State of Texas and acceptable to the CITY.SPAN shall furnish CITY with certificates of insurance or copies of the policies, evidencing the required insurance on orbefore the beginning date of this Agreement. SPAN agrees to submit new certificates or policies to CITY on or before the expiration date of the previous certificates or policies. The insurance shall be the following types in amounts not less than indicated: a.Comprehensive General (Public) Liability Insurance or its equivalent including minimum coverage limits of $1,000,000 per occurrence combined single limit for bodily injury and property damage. b.Automobile Liability Insurance including minimum coverage limits of $1,000,000 per combined single limit for bodily injury and property damage. c.On all insurance required, SPAN shall require insurance providers to: Name the CITY, and its officials, officers and employees, as additional insureds and provide thirty (30) days written notice to CITY of any material change to or cancellation of the insurance. 9.Assignment and Delegation 48 Page 5 of 6 Neither party shall assign or delegate the rights or obligations under this Agreement without the prior written consent of the other party. 10.Severability In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible,remain in full force and effect as to the balance of its provisions and shall be construed as if such invalid provision were not a part hereof. 11.Mediation In the event of any dispute regarding this Agreement or the terms contained herein, the parties hereto agree that they shall submit such dispute to non-binding mediation. 12.Term of Agreement The term of this Agreement shall be from October 1, 2021, through September 30, 2022. Either party may modify this Agreement by submitting,in writing, the proposed amendment to be considered and executed by both parties. This Agreement may be terminated with or without cause by either party by giving thirty (30) days written notice to the other party oftheir intent to terminate the agreement. In the event the CITY terminates without cause, Span shall be entitled to receive just and equitable compensation for any satisfactory work completed in accordance with this Agreement and prior to the termination. 13.Applicable Law Venue This Agreement shall be governed by, construed, and enforced in accordance with the laws ofthe State of Texas, and venue for any claim or cause of action shall lie exclusively in Denton County, Texas or the Federal courts having jurisdiction over claims arising in Denton County, Texas. 14.Attorney's Fees and Costs In the event it becomes necessary to take legal action to enforce the terms of this Agreement,the prevailing party in such action shall be entitled to recover attorney's fees and costs of court from the non-prevailing party. IN WITNESS WHEREOF the CITY of The Colony and Span,Inc. have executed this Agreement on this the ___ day of ______________2021. SPAN, INC: 49 Page 6 of 6 Michelle McMahon, ExecutiveDirector City of The Colony _____________________________________ Troy Powell, City Manager ATTEST: Tina Stewart, City Secretary 50 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES BY AND BETWEEN THE CITY OF THE COLONY AND SPAN, INC.; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas, has duly reviewed and considered the CONTRACT FOR SERVICES by and between the City of The Colony and SPAN, INC. for the purpose of providing nutrition, transportation and social services to older persons, persons with disabilities, and veterans. Section 2. That this Contract for Services is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. 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 THE 7th DAY OF SEPTEBER 2021. __________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ______________________________________ Jeff Moore, City Attorney 51 Agenda Item No:4.6 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: David Cranford Submitting Department: Finance Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute interlocal agreements with the Municipal Cooperative Purchasing Team and the University of Texas at Arlington for the purchase of goods and services. (Cranford) Suggested Action: The MCPT consists of the cities Keller, Southlake, Colleyville, and Grapevine and will help the City better utilize vendors in North Texas. UTA has specific agreements we wish to use. Attachments: UTA Interlocal.pdf City MCPT interlocal.pdf Res. 2021-xxx Interlocal Agreements with UTA and MCPT.docx 52 53 54 55 56 57 58 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO APPROVE INTERLOCAL AGREEMENTS WITH THE MUNICIPAL COOPERATIVE PURCHASING TEAM AND THE UNIVERSITY OF TEXAS AT ARLINGTON; 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 approve interlocal agreements with MCPA and UTA. Section 2. That the City Manager or his designee is authorized to approve the interlocal agreements. 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 7TH DAY OF SEPTEMBER 2021. ______________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ________________________________ Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: ________________________________ Jeff Moore, City Attorney 59 Agenda Item No:4.7 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Ron Hartline Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $ 114,850.00 with F&F Concrete, LLC. for the Windhaven Parkway Edge Drain Installation Project. (Hartline) Suggested Action: Summary of Request: Consider approval of a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $ 114,850.00 with F&F Concrete, LLC for the Windhaven Parkway Edge Drain Installation Project. Background: The existing French Drain system along Windhaven Parkway (east of the railroad) was originally installed during the construction of the roadway to resolve groundwater issues that were being encountered in this area. The roadway was cut into the side of a large hill and groundwater currently seeps through concrete cracks and onto the roadway for long periods of time throughout the year. This water can be a potential roadway hazard during winter months when the water freezes. The original French Drain is no longer fully effective as the filter fabric on the outside of the drain has become clogged with sediment and/or clay particles that have accumulated through the years allowing more groundwater to now seep through the joints in the roadway. This project will include the construction needed to install an edge drain on the westbound lane to help collect the groundwater and resolve the issue on this side of the roadway. The scope of work consists of the installation of approximately 1700 linear feet of 18” edge drain along the north curb line of the west bound lane of Windhaven Parkway. Also included is approximately 40 linear feet of 6” HDPE pipe installation by horizontal directional drilling and approximately 30 linear feet of 6” HDPE pipe used to transition from the edge drain to connections to existing storm inlet boxes. The project bids were opened on August 4, 2021 and the low bidder was F&F Concrete, LLC. at a cost of $ 114,850.00. City staff received positive feedback from Bandera Utility Contractors and other city staff and recommend approval of the contract with this company. Recommendation: Staff recommends approval of the Construction Services Contract in the amount of $ 114,850.00 with F&F Concrete, LLC. With approval, the project is anticipated to start construction at the end of September 2021 with an estimated completion in January 2021. Attachments: 60 Eng Rec Letter F and F Concrete.pdf Certified-Bid Summary - Windhaven Parkway Edge Drain Installation.pdf 20180907 Windhaven Parkway Edge Drain Financial Summary.pdf Res. 2021-xxx F&F Concrete, LLC - Windhaven Parkway Edge Drain Installation Project.docx 61 62 63 64 FINANCIAL SUMMARY: Are budgeted funds available:  Yes  No Amount budgeted/available: $ 150,000.00 Fund(s) (Name and number): 2020-2021 Storm Water Utility Fund Cost of recommended bid/contract award: $114,850.00 Total estimated project cost: $ 24,685.00 Engineering Already authorized  Yes  No $ 114,850.00 Total Construction Costs Already authorized  Yes  No $ 139,535.00 Total Estimated Costs 65 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION SERVICES CONTRACT BETWEEN THE CITY OF THE COLONY AND F&F CONCRETE, LLC, FOR THE WINDHAVEN PARKWAY EDGE DRAIN INSTALLATION PROJECT; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas has duly reviewed and considered the Construction Services Contract between the City of The Colony, Texas and F&F Concrete, LLC, for the Windhaven Parkway Edge Drain Installation Project, in the amount of $114,850.00. Section 2. That this Second Contract Amendment is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the Second Amendment on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3.This resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 7th day of September 2021. _____________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _______ Jeff Moore, City Attorney 66 Agenda Item No:4.8 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Ron Hartline Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution supporting a Municipal Setting Designation (MSD) application to the Texas Commission on Environmental Quality (TCEQ) for the Former Hutson Industries site located at 1000 Hutson Drive, Frisco, Texas. (Hartline) Suggested Action: Background: The former Hutson Industries (Applicant) has filed an application with The City of The Colony for approval of a Municipal Setting Designation (MSD) for a commercial property located at 1000 Hutson Drive, Frisco, Collin County, Texas. The purpose of the MSD is to restrict access to and prohibit the use of the groundwater directly below the designated property and to protect public health and welfare where the groundwater quality may present an actual or potential threat to human health. As part of the MSD application to TCEQ for a Municipal Setting Designation for a site, the Applicant is required to provide documentation that the application is supported by: (1) the city council of the municipality in which the site is located, (2) the city council of each municipality with a boundary located not more than one-half mile from the Site, (3) the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the Site, and (4) the governing body of each retail public utility, as defined by Section 13.002, Texas Water Code, that owns or operates a groundwater supply well located not more than five miles from the Site. The City of the Colony operates water wells within a five mile radius of this site and therefore must provide documentation that the City of The Colony supports the MSD application for this site. The Site is currently enrolled in the Texas Commission on Environmental Quality (TCEQ) Voluntary Cleanup Program (VCP) as VCP No. 944. The purpose of the Municipal Setting Designation is that the use of MSDs encourages the economic development of properties with contaminated groundwater in areas where groundwater is not valuable as a source of potable water. This MSD resolution, if approved, would indicate the city’s support for the Applicant’s submission of an application to the TCEQ for an MSD certificate that would ultimately restrict the use of contaminated groundwater beneath the site once approved by TCEQ. The purpose of the MSD certificate is to encourage the economic development of properties with contaminated groundwater by limiting the scope of environmental response actions required by TCEQ to address soil and groundwater contamination at the Site under the Texas Voluntary Cleanup Program. If the Texas Commission on Environmental Quality (TCEQ) approves the application for this site to receive an MSD, it shall be unlawful to use the designated groundwater beneath the MSD site. Based on information provided by the Applicant, the contaminated groundwater beneath the site is shallow groundwater at a depth of approximately 3.5-18 feet below ground surface. The Identified chemicals of concern (COCs) in the designated groundwater that exceed residential assessment levels are various chlorinated volatile organic compounds (VOCs), presumably from historical use of the site as a semiconductor 67 manufacturing facility. The contaminated groundwater plume is wholly contained within the boundary of the site (1000 Hutson Drive, Frisco, Collin County, Texas, 75034) and has not migrated off-site. The City of The Colony Public Works and Engineering Departments have reviewed the attached environmental sampling information provided by Compliance Partners, Inc. Based on the fact that the soil and groundwater plumes are located within the boundaries of the property at shallow (3-18') depths, the groundwater plumes appear to be reducing in size, the deepest well (55' depth) on the site is showing water quality readings within applicable TCEQ groundwater PCL’s and the site is located approximately 4.9 miles from our nearest city water well; it appears unlikely that the shallow contamination at the MSD site in Frisco could impact our water wells. We find no reason to oppose the Applicants request for the proposed MSD support for this site. The City of Frisco adopted Ordinance No. 2021-08-54 approving the MSD application within their city on August 17, 2021. A copy of the approved City of Frisco ordinance is attached for review. A letter requesting support of the MSD application is attached for review and includes a list of City of The Colony water wells located within 5 miles of the site. A Site location Map showing the location of the site in relation to the closest City of the Colony groundwater well, a Site Plan showing the Former Hutson Property, Groundwater Plume Maps and a discussion of the history of the Hutson site are also attached for review. Recommendation: City staff have reviewed the MSD and recommend approval. Attachments: MSD APPLICATION REQUEST.pdf Hutson Industries Site Location Map.pdf Water Well - 5 mile radius map.pdf MSD Site Groundwater Plume Maps.pdf Hutson Historical Site Summary.pdf Approved Frisco Ordinance 2021-08-54.pdf Res. 2021-xxx TCEQ Municipal Setting Designation.docx 68 69 70 71 1000 Hutson Dr. Well Well Cluster Target Property Search Buffer 1 : 88,500 1 inch = 1.397 miles 1 inch = 7375 feet 1 centimeter = 0.885 kilometers 1 centimeter = 885 meters Lambert Conformal Conic Projection1983 North American Datum First Standard Parallel: 33 0' 00" North Second Standard Parallel: 45 0' 00" NorthCentral Meridian: 96 0' 00" West Latitude of Origin: 39 0' 00" North Water Well Report - 1000 Hutson Dr. Current Imagery Overlay Map - 5 Mile Buffer Page 6 Banks Environmental Data, Inc. - 1601 Rio Grande, Ste. 331 - Austin, TX 78701 - 800.531.5255 P - 512.478.1433 Fwww.banksenvdata.com 72 73 74 75 76 77 The City of Frisco passed Ordinance No. 2020-12-91 on December 1, 2020 that amended Frisco’s code of ordinance, ordinance No. 06-03-31, as amended, adding Article XI (Municipal Setting Designation) to chapter 34 (Environment); providing for Municipal setting designations to prohibit the use of groundwater in designated areas. The Site is currently enrolled in the Texas Commission on Environmental Quality (TCEQ) Voluntary Cleanup Program (VCP) as VCP No. 944. The purpose of the Municipal Setting Designation is that the use of MSDs encourages the economic development of properties with contaminated groundwater in areas where groundwater is not valuable as a source of potable water. This MSD resolution, if approved, would restrict the use of contaminated groundwater beneath the designated property and indicate the city’s support for Applicant’s submission of an application to the TCEQ for an MSD certificate. The purpose of the MSD certificate is to encourage the economic development of properties with contaminated groundwater by limiting the scope of environmental response actions required by TCEQ to address soil and groundwater contamination at the Site under the Texas Voluntary Cleanup Program. The site was occupied by Hutson Industries, Inc. from 1977 to 2014. Hutson Industries manufactured semiconductor products that were used in light dimmer switches, variable- speed hand drills, and various other commercial and household products. Specifically, Hutson Industries, Inc. began operations in 1977 on the west central portion of the Site, added an additional facility (Fab 2) in the northeast corner of the Site, and ceased operation in 2014. Since 2014, the owners have been decommissioning and removing equipment from the facility. In 2016, the Fab 2 building and associated Building 2A, both located at the northeast corner of the Site, were demolished. This portion of the Property was later sold and developed. The contaminated groundwater beneath the site is shallow groundwater at a depth of approximately 3.5-18 feet below ground surface. The identified chemicals of concern (COCs) in the designated groundwater that exceed residential assessment levels are various chlorinated volatile organic compounds (VOCs), presumably from historical use of the site as a semiconductor manufacturing facility. The contaminated groundwater plume is wholly contained within the boundary of the Site (1000 Hutson Drive, Frisco, Collin County, Texas, 75034) and has not migrated off-site. Analytical results for groundwater samples collected from groundwater monitor wells on the Site indicate the direction of migration of COCs across the Site is to the southwest, the same direction as the surface slope. Six sources are documented to have impacted the soil/groundwater on the Site. Two of the sources / releases were separately resolved with the TCEQ and were not part of the VCP; therefore, they are not discussed as part of this MSD application. The remaining sources / releases were addressed in the VCP and were discussed and summarized in the 2017 Affected Property Assessment Report (APAR). The following is taken from the 2017 APAR: 78 A release of unknown origin was discovered on the Site as a result of inquiries made by JNC Enterprises, LTD, owner of the adjacent property to the south (the Morgan Tract) that was initially documented in 1996 during Due Diligence activities on that tract pending purchase of the property by JNC Enterprises. Trace amounts of chlorinated solvents were discovered in the surface water on the Morgan Tract in 1996 during investigations conducted as part of the due diligence relative to a pending sale of their property. At the direction of Hutson Industries, CPI conducted initial site investigations to identify the presence of VOCs and relevant metals in the surface and subsurface soils, sediment, surface water, and groundwater at the Site. The primary identified COCs were tetrachloroethylene (PCE) and its decomposition products trichloroethylene (TCE), 1,1-dichloroethylene (1,1-DCE), cis-1,2 dichloroethylene (cis-1,2- DCE), trans-1,2-dichloroethylene (trans-1,2-DCE), vinyl chloride (VC) (not identified at that time, but included as a decomposition product), and 1,1,1-trichloroethane (1,1,1-TCA) and its decomposition product 1,1-dichloroethane (1,1-DCA). The selected chlorinated compounds are slightly soluble in water and are heavier than water. These compounds were selected as the chemicals of concern for the initial Hutson Industries surface investigation initiated in 1996. Metals and all other VOCs were excluded from the ongoing sampling by negative findings in initial analytical data. TCE and 1,1,1-TCA have been used at the facility and are common halogenated solvents used throughout the semiconductor manufacturing industry. The release is historic and the most likely identified on-site chlorinated solvent source was a former drum storage area at the Site used for temporary storage of solvent drums during the period between 1983 and 1988. The drums were removed from this area in 1988 and shipped to offsite disposal. No evidence of continued source release was discovered. This area was identified as Former Drum Storage Area (Source Area #1) in the initial 2005 APAR and in the Response Action Plan (RAP) and Revised RAP, and was identified in the 2005 APAR as one of two areas of Protective Concentration Level (PCL) exceedance for soil. Source Area #1 was the location of the highest observed concentrations of soil COCs on the Site and was considered the apparent source area with respect to site investigation and assessment activities. Concentrations in soil at Source Area #1 exceeded the Tier 1 Residential (0.5-acre source) GWSoilIng PCLs for PCE, TCE, and 1,1-DCE. No non-aqueous phase liquid (NAPL) was observed in the soil. Initial response actions included the removal of approximately 120 cubic yards of soil from Source Area #1 in October 1997. Excavation clearance samples obtained in October and November 1997 indicated that chlorinated solvents had migrated downward into the underlying limestone formation below the affected area of the Site and affected shallow groundwater at concentrations above method detection limits. The Texas Natural Resource Conservation Commission (TNRCC) (predecessor agency to the TCEQ) was notified of the chlorinated solvents in the soil and groundwater, and Hutson Industries entered the Voluntary Cleanup Program in July 1999. It appears that the COCs entered the soil from the ground surface and percolated into the shallow groundwater. The upper Austin Chalk bedrock formation lies beneath the surface 79 at the Site. The Austin Chalk is fractured vertically and horizontally, and slopes to the southwest. These features caused the COCs to be confined in the upper Austin Chalk and to be transported in the shallow groundwater, following the natural slope of the bedrock to the southwest, where the groundwater discharged into an unnamed branch of Stewart Creek near its offsite intersection with the east right of way of Preston Road (State Highway 289). General assessment methods since the releases were discovered included the installation of 44 groundwater monitoring wells (MW-1 through MW-41, MW-43, MW-44, MW-45) between 1997 and 2019; the collection of surface and subsurface soil samples, surface water samples, and sediment samples; and the collection of groundwater samples from the monitoring wells for laboratory analysis in order to delineate the vertical and horizontal extent of impact and to delineate the shallow groundwater plume. Additional Site investigations conducted during the period from May 2000 through January 2001 resulted in the identification of three areas of concern in addition to Source Area #1. One area of affected surface soil was identified on the south side of the Main Building at the Site (identified affected area is now underneath the expanded Main Building). COCs identified in this area are total petroleum hydrocarbons (TPH), arsenic, copper, lead, nickel, and tin. All of the COCs identified were in common use in the facility's manufacturing processes. The source of the TPH was associated with leaks and spills from an air compressor located on the north side of the impacted area. The metals were associated with minor spills associated with electroplating operations used in the semiconductor manufacturing process. Critical PCLs for this area were determined to be the method detection limit for TPH and area background levels for the metals of concern. Approximately 30 cubic yards of impacted soil were removed from the area during a response action that occurred in February 2001. Clearance samples were collected and submitted in a Focused Response Action Completion Report (RACR), dated February 27, 2001. The TNRCC issued a final concurrence and no further action letter regarding this area, dated March 16, 2001. A second source, identified as Former Drum Storage Area (Source Area #2), was located near the northeast corner of the Site, near and under the east end of the former Building 2A, which was located on the east end of the former Fab 2 building. The drums stored in this area were also removed in 1988. No prior release was documented at this area. To investigate the subsurface for a potential release of COCs, one groundwater monitor well (MW-33) was installed in the area. Two soil samples were collected at depths of 1 foot and 7 feet bgs and analyzed for VOCs, TPH, and selected metals. Analytical results for VOCs and TPH were below the analytical detection limits. No NAPL was observed in the soil. Metals concentrations were below the Tier 1 Residential (0.5-acre source) GWSoilIng PCLs or the Texas-Specific Background Concentrations (TSBCs), except for arsenic, which was slightly above the TSBC. The land was historically agricultural-use, including cotton crops. Arsenic levels above TSBCs are expected with this historic activity. Site-specific background levels for metals were developed during the project. Observed concentrations 80 of arsenic at Source Area #2 were below the calculated site-specific background concentration. Analytical results for groundwater samples collected from MW-33 during three sampling events were below the analytical detection limits except for a sample collected on May 18, 2001 containing 0.015 milligrams per liter (mg/L) 1,1-DCE, which exceeded the Tier 1 Residential (0.5-acre source) PCL for GWGWIng. No 1,1-DCE was detected in the groundwater sample collected on November 19, 2005. No NAPL was observed in the groundwater. No further action was recommended in the 2006 APAR for Former Drum Storage Area (Source Area #2). A third source, identified as Former 450-Gal Tote Tank Location (Source Area #3), was located near the northeast corner of the Site on the north side of the former Fab 2 building. A 450-gallon tote tank had been placed there to temporarily store spent non- halogenated solvents (D001 ignitable hazardous waste solvents) used in the manufacturing process. The tote tank was removed in 2000. No prior release was documented at this location. One groundwater monitor well (MW-37) was installed at this location in August 2001 to investigate the area for a potential release. COC concentrations in soil collected at a depth of 5 feet bgs during the installation of monitor well MW-37 at Source Area #3 exceeded the Tier 1 Residential (0.5-acre source) GWSoilIng PCLs for ethylbenzene, o-xylene, and m- & p-xylenes. No NAPL was observed in the soil. The observed TPH C6-C10 concentration was 785 milligrams per kilogram (mg/kg), which exceeded the Tier 1 Residential (0.5-acre source) GWSoilIng PCL. The initial groundwater sample collected from monitor well MW-37 contained selected VOC constituents above method detection limit but below Tier 1 Residential (0.5-acre source) GWGWIng PCLs. Analytical results of COCs in groundwater samples collected during four events were below their analytical detection limits or PCLs except for a sample collected on November 18, 2002 that contained 0.0116 mg/L 1,1-DCE, a concentration above the Tier 1 Residential (0.5-acre source) GWGWIng PCL. No 1,1-DCE was detected in the groundwater samples collected on April 28, 2004 and November 19, 2005. No NAPL was observed in the groundwater. All VOC constituent concentrations from groundwater samples collected during subsequent sampling events have been below the analytical detection limits or the respective PCLs. No further action was recommended in the 2006 APAR for Former 450-Gal Tote Tank Location (Source Area #3). An APAR was submitted to the TCEQ VCP on March 16, 2006, and a Response Action Plan (RAP) was submitted on October 24, 2006. The RAP proposed a Plume Management Zone (PMZ) as the groundwater remedy. Conditional approval for the RAP was received on October 11, 2007, and the TCEQ issued a Conditional Certificate of Completion for Remedy Standard B commercial/industrial standards on June 17, 2008. As mentioned, a modified groundwater response approach consisting of the establishment of a PMZ was the response action established in 2008 by the TCEQ. Monitored Natural Attenuation (MNA) is currently being used to ensure that the critical groundwater PCLs are not exceeded at the alternate Point of Exposure (POE) located beyond the downgradient limit of the PCLE zone (monitoring well MW-44). MNA is generally reducing the concentration of the COCs to the critical groundwater PCLs throughout the groundwater PCLE zone with some seasonal concentration upticks and expected 81 decomposition product concentration upticks. Monitoring wells installed at cross- and down-gradient locations within the PCLE zone are being used as the attenuation monitoring points to bi-annually monitor for COC groundwater plume migration. The AMP wells are MW-10, MW-12, MW-14, MW-17, and MW-34. In addition, perimeter monitoring point wells MW-9, MW-16, MW-31, MW-32, MW-36 / MW-36R, and MW-43R are sampled annually. Yearly Response Action Effectiveness Reports (RAER) have been submitted to the TCEQ with the sampling results. In addition, a Revised APAR was submitted to the TCEQ on March 29, 2017. Note that remaining monitoring wells not used for the PMZ were properly plugged and abandoned in 2010. With respect to groundwater contamination, review of the groundwater data indicates that current and historic concentrations of the groundwater COCs are below the current Tier 1 Residential AirGWInh-V PCLs for a 30-acre source area, which are the applicable groundwater PCLs used by the TCEQ with a MSD. With respect to soil contamination, no soil PCL Exceedance zones remain at the Hutson VCP Site. Specifically, a recent review of soil data from the Site indicates that current and historic concentrations of remaining soil COCs are below the current Tier 1 Residential AirSoilInh-V PCLs, AirGW-SoilInh-V PCLs, or TotalSoilComb PCLs for a 30-acre source area, which are the applicable soil PCLs used by the TCEQ with a MSD. Therefore, this facility meets the TCEQ requirements for final closure to residential standards using the MSD. Environmental investigation, sampling, and remediation have been conducted on the Site from 1996 through 2021. CPI on behalf of Hutson Industries, Inc. requested and received MSD Ordinance 2021-08-54 from the City of Frisco to facilitate Site closure through the VCP and issuance of a VCP Final Certificate of Completion. This will enable and encourage the economic development of the Site. CPI on behalf of Hutson Industries, Inc. is also requesting a supporting resolution from the City of The Colony to facilitate Site closure through the VCP. 82 CITY OF FRISCO, TEXAS ORDINANCE NO. 2021-08-54 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS IN SUPPORT OF THE APPLICATION OF COMPLIANCE PARTNERS, INC., ON BEHALF OF HUTSON INDUSTRIES, TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION FOR THE FORMER HUTSON INDUSTRIES FACILITY AT 1000 HUTSON DRIVE IN THE CITY OF FRISCO, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 361, Subchapter W of the Texas Health and Safety Code authorizes the Texas Commission on Environmental Quality ("TCEQ") to certify Municipal Setting Designations for properties upon receipt and approval of a properly submitted application to the TCEQ; and WHEREAS, as a part of the application to TCEQ for a Municipal Setting Designation for a site, the applicant is required to provide documentation that the application is supported by: (1) the city council of the municipality in which the site is located, (2) the city council of each municipality with a boundary located not more than one-half mile from the site, (3) the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the site, and (4) the governing body of each retail public utility, as defined by Section 13.002 of the Texas Water Code, that owns or operates a groundwater supply well located not more than five miles from the site; and WHEREAS, Compliance Partners, Inc., on behalf of Hutson Industries (the "Applicant"), has filed an application with the City of Frisco for a Municipal Setting Designation and is filing an application with the TCEQ for the issuance of a Municipal Setting Designation for the property located at 1000 Hutson Drive, Frisco, Texas (the "MSD Site"), and being the same property that is the subject of Voluntary Cleanup Program No. 944, as shown on Figure 1, attached hereto and incorporated herein; and WHEREAS, the MSD Site is within 5 miles of groundwater supply wells that are operated by the City of Frisco, Texas; and WHEREAS, following the issuance of a supporting Ordinance by the City of Frisco and each additional municipality and retail public utility for which approval is required, the Applicant will submit to TCEQ an application for certification of a Municipal Setting Designation for the MSD Site pursuant to Chapter 361, Subchapter W of the Texas Health and Safety Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS: SECTION 1. The City Council and the City of Frisco supports the application of the Applicant to the TCEQ for certification of a Municipal Setting Designation for the MSD Site. Should the TCEQ approve the application of the Applicant and certify the requested Municipal Setting Designation for the MSD Site, it shall be unlawful to use designated groundwater beneath the MSD Site. Ordinance for MSD for Hutson Site Page 1 of 3 3436289 83 ATTESTED AND CORRECTLY RECORDED: SECTION 2. This Ordinance shall be effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS on this 17th day of August , 2021. 0,01 CL. (0 7 J C e ey, Mayor Kristi orrow, City ecretary Ordinance for MSD for Hutson Site Page 2 of 3 3436289 84 MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO. TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-hom.com 0 125 250 N89•39132'E 596.76 HUTSON STREET Wall/ INCI11.1 INCIHI•Of -MY) BLOCK A. LOT 10 .„._._ _ — ..., ir PRESTON HUMOR ,.... ADDITION 2G l' BLOCK A. LOT 1R / VOL 2010, PG. 257 el P.R.C.C.T. /-- — — g„,, I PRESTON HUTSON r_ I , ADDITION V I BLOCK A. LOT 4 o I VOL. 2011, PG. 257 , P.R.C.C.T. 3**1 589'28'06'W 292.20 N69°4859'W PRESTON HUTSON ADOIT1ON 73.51' BLOCK A. LOTS 7, 8 AND 9 VOL 2019 PG. 918 P.R.C.C.T. BLOCK A, LOT 7 r589•281303"W 160.60' L„, NKr 39.00-E 320.56' PRESTON HUTSON ADDMON VOL 2010, PG. 228 P.R.C.C.T. BLOCK A, LOT 6 .1=5°38"47' R=5729 58' L=564 64' C13=N2°31'25"E C=564.41' BLOCK A, LOT 8 PRESTON HUTSON RESIDENTIAL ADDITION VOL 2017, PG. 938 P.R.C.C.T. PRESTON HUTSON ADDITION BLOCK A, LOTS 2R, 3R AND 11 N89°39'00'S 49520 N89•371)0"E 5.00' VOL 2017, PG. 752 $52°19144'W P.R.C.C.T. 8.28, BLOCK A, LOT 3R SO•231110•E 40.113' SO°23G(rE 269 48- P.O.B. 989'37'00'W 934 57' BLOCK A. LOT 5 BLOCK A, LOT 9 32.74 ACRES 1,426,076 SO. FT. E_OCK A LOT 2R HICKORY STREET VOINIMILE *WM 1110K1-0E-WON) Figure 1 N7•00'5ZE 94.35' NOTES This exhibit has been prepared utilizing documents of record found in the Collin County Clerk's records and has not been based on an on the ground survey. Bearing system based on the westerty lines of Preston Hutson Residential Addition, recorded in Volume 2017. Page 938. Plat Records, Collin County, Texas. EXHIBIT HUTSON PROPERTY GEORGE McNEIL SURVEY, ABSTRACT NO. 608 CITY OF FRISCO COLLIN COUNTY, TEXAS MARX, MICI-WEL 2.121,2021 8:12 AM IC,FRI_S URVEY051243064-PRESTON HUTSON LOT 8 - FRISCODWG5HUTSON OWNERSHIP BASE VER18.0WG Kimley*Horn 6160 Warren Partway, 210 To. No. (972)335-35W Ff1600. Twos 75034 FIRM it 10193822 FM N0. (972)335-3779 SCae DraIR1 Caecke0 by DMe Poled No. Camel Na. 1' -25Cr MBM CG232021 058160CC6 1 OF 1 Ordinance for MSD for Hutson Site Page 3 of 3 3436289 85 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY IN SUPPORT OF THE APPLICATION OF COMPLIANCE PARTNERS, INC. ON BEHALF OF HUTSON INDUSTRIES (THE “APPLICANT”) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION FOR THE FORMER HUTSON INDUSTRIES FACILITY LOCATED AT 1000 HUTSON DRIVE IN THE CITY OF FRISCO, TEXAS. WHEREAS,Chapter 361, Subchapter W of the Texas Solid Waste Disposal Act authorizes the Texas Commission on Environmental Quality (TCEQ) to certify Municipal Setting Designations for properties upon receipt and approval of a properly submitted application the TCEQ; and WHEREAS,as a part of the application to TCEQ for a Municipal Setting Designation for a site, the Applicant is required to provide documentation that the application is supported by: (1) the city council of the municipality in which the Site is located, (2) the city council of each municipality with a boundary located not more than one-half mile from the Site, (3) the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the Site, and (4) the governing body of each retail public utility, as defined by Section 13.002, Texas Water Code, that owns or operates a groundwater supply well located not more than five miles from the Site; and WHEREAS,the Applicant has filed an application with the City of The Colony for a Municipal Setting Designation Ordinance and is filing an application with the TCEQ for the issuance of a Municipal Setting Designation for the property located at 1000 Hutson Drive, Frisco, Texas (the “MSD Site”), and being the same property that is the subject of Voluntary Cleanup Program No. 944, as shown on Figure 1 attached hereto and incorporated herein; and WHEREAS,the MSD Site is within 5 miles of groundwater supply wells that are operated by the City of The Colony, Texas; and WHEREAS,following the issuance of a MSD ordinance by the City of Frisco and each additional municipality and retail public utility for which approval is required, the Applicant will submit to TCEQ an application for certification of a Municipal Setting Designation for the MSD Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: The City of The Colony supports the application of Hutson Industriesto the TCEQ for certification of a Municipal Setting Designation for the MSD Site. 86 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 7TH DAY OF SEPTEMBER, 2021. APPROVED: _____________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ______________________________________ Jeff Moore, City Attorney 87 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance regarding a Site Plan for Lot 1R, Block A, Lewisville Independent School District Natatorium Addition for the development of additional parking, a driveway, and landscaping. The subject site contains approximately 8.858 acres (385,854 square feet) and is located at the northwest intersection of Memorial Drive and Trailview Drive within the Planned Development 20 (PD-20). (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations. Attachments: SP21-0002 CC Staff Report LISD Eastside Aquatics Center Parking Renovations - Site Plan.pdf SP21-0002 - edit.pdf C2.01 SITE PLAN.pdf L2.0 OVERALL LANDSCAPE PLAN.pdf L2.1 PHASE II - LANDSCAPE PLAN.pdf CC Site Photos.pdf SP21-0002 - LISD Natatorium Parking Addition Memorial Drive Lot 1 Block A Site Plan Proposed Ordinance (final).doc 88 1 CITY COUNCIL REPORT AGENDA DATE: September 7, 2021 DEPARTMENT: Development Services Department SUBJECT: SP21-0002 – LISD Eastside Aquatics Center Parking Renovations – Site Plan Discuss and consider an ordinance regarding a Site Plan for Lot 1R, Block A, Lewisville Independent School District Natatorium Addition for the development of additional parking, a driveway, and landscaping. The subject site contains approximately 8.858 acres (385,854 square feet) and is located at the northwest intersection of Memorial Drive and Trailview Drive within the Planned Development 20 (PD-20). OWNER/ENGINEER Owner: Lewisville Independent School District Lewisville, TX Engineer: Josh Barton - McAdams Company Lewisville, TX EXISTING CONDITION OF PROPERTY The subject property is currently developed with an approximately 38,871 sq.ft . natatorium building, 198 parking spaces, one (1) access drive and landscaping on an approximately 7.830 - acre tract of land. PROPOSED DEVELOPMENT The applicant requests to develop additional parking spaces for a total of 303 parking spaces, and seven (7) bus parking spaces, provide additional access to Trailview Drive, and provide additional landscape screening on an approximately 8.858-acre tract of land. ADJACENT ZONING AND LAND USE North - Planned Development-14 (PD-14) Residential (The Legends Neighborhood) South - Planned Development-16 (PD-16) Residential (The Atlantic Stonebriar) East- Planned Development-14 (PD-14) Residential (The Legends Neighborhood) West- Planned Development-28 (PD-28) Residential (Camey Place) DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) recommends approval. PRIOR ACTION August 10, 2021 the Planning and Zoning Commission voted (6 -0) to recommend approval of the site plan application including 198 parking spaces, one (1) access drive, and landscaping on an approximately 7.830 - acre tract of land. ATTACHMENTS 1. Staff analysis 2. Location map 3. Development Plans 89 2 ATTACHMENT 1 Staff Analysis Land Use Analysis The subject site is located in Planned Development 20 (PD-20). Planned Development 20 (PD- 20) included a concept plan to allow the construction of a natatorium building, including development standards for parking, landscape, and screening. The LISD Natatorium was constructed in 2006. Lewisville ISD has since changed the name of the facility to the Eastside Aquatics Center. Planned Development 20 (PD-20) originally included the discussion but not plans for a future middle school. In February of 2019, the LISD board of trustees approved a resolution designating the middle school property as “surplus” and authorized the district staff to take action in regard to the sale of the properties. The sale of the property indicated that n o future educational purposes are anticipated on the site and is no longer necessary for district operations. The area within Planned Development 20 (PD -20) property was subdivided into the Eastside Aquatics Center site and the land that became Planned De velopment 28 (PD-28). The proposed site plan changes will not change the use of the land nor increase the intensity of the use. The proposed improvement s will increase the functionality of the site and improve parking, screening and access. Building Elevations No changes are proposed to t he existing elevation as reflected in the plan exhibit. The Eastside Aquatics Center was built to 39’4” in height and is composed primarily of masonry , with brick, plaster, EFIS, glazed masonry units, and contains m etal accent panels. The elevation plan reflects an earth-tone color pallet, including shades of brown, red, and grey. Circulation and Parking The proposed site plan reflects additional parking and an access driveway to Trailview Drive. In 2005, the original natatorium site was to provide two -hundred (200) parking spaces. At that time of review, the highest school use parking ratio was one (1) per four (4) spectators. Adjacent shared parking with the envisaged middle school site was to assist with a ny parking overflow. With an approved planned development for an 80-lot single-family development in replacement of the middle school site, overflow parking is precluded from the adjacent site. The proposed 310 parking spaces exceeds the highest associated parking ratio in the Off-Street Parking Schedule (13-100). Swimming pool/Club, (Public or Private) requires one (1) space per seventy- five (75) ft of pool and deck. The additional parking spaces are anticipated to accommodate the operations of the facility and the additional access drive satisfies emergency access and improves site circulation. 90 3 Site Plan Use Category Specific Use Minimum Number of Spaces Total Spectators or SF Spaces Required Spaces Provided 2005 Site Plan School NA 1:4 spectators 800 200 198 2021 Site Plan Recreation Swimming Pool /Club, Public or Private 1.0 per each 75 SF of deck and water surface 22,000 293 303 (excluding 7 bus spaces) Eight (8) ADA accessible spaces are proposed, including one ADA van space. All ADA spaces are located closest to the building. A circular drive surrounds the aquatic center, and driveways connect from Memorial Boulevard and Trailview Drive. Existing sidewalks provide pedestrian access along Memorial Drive and Trailview Drive. Landscaping and Buffering The existing landscape was installed in 2005. The only change s reflected within the existing landscape are replacing dead and missing Aristrat Pears trees with Shumard Oaks, and the replanting evergreen trees and shrubs along the north property line. The area of new landscaping will include continuing the evergreen screening along the northern property line, provide a twelve-foot landscaped strip at the western property boarder, provide landscape area and trees plantings consistent with parking lot requirements and provide new rows of evergreen shurbs to complement the new driveway serving Trailview Drive . Overall the Landscape Plan includes thirty-six (36) additional large canopy trees, thirty-five (35) additional small ornamental trees, and mass plantings of evergreen shrubs. Development Review Committee Review The Development Review Committee (DRC) recommends approval of the proposed site plan. Prior Action August 10, 2021 the Planning and Zoning Commission voted (6 -0) to recommend approval of the site plan application including 198 parking spaces, one (1) access drive, and landscaping on an approximately 7.830- acre tract of land. 91 DDAAYYSSPPRRIINNGG DD RR MMEEMM OO RR IIAA LLDD RR SO UTH S O UTH C OLO NY C OL O N Y BLVD BLVD HHIIGGHHCCLLIIFFFFDDRRFFAALLLLRRIIVVEERRDDRRB A N D E R A D R B A N D E R A D R5704 5701 5709 5721 63006300 6304 6309 57126304 57246308 630863016312633263056312631363126308631663096336631763166313630463206340631663216320631755576324634463006318 5729 63246328 MMEEMM OO RR IIAA LLDD RR MMOORRNNII NNGGSSTTAARRDDRRDDAAYYSSPPRRIINNGG DD RR FFAALLLLRRIIVVEERRDDRRB A N D E R A D R B A N D E R A D R SO UTH C OLO NY BLVD S O UTH C OLO NY BLVD 5704 5640 5701 5709 5721 63006300 5549 6305 6304 6317 632863486400 57126304 5724 63086301631263326312631363126308555263166309633663176316630463206340631663216320631755576324634463006318632463256321 6316 6399 5729 632063246328 This ma p was genera ted by GIS d ata provided by Th e Colony GIS Departmen t. The City of T he Colony does not guar antee th e co rrectness oraccuracy of any fea tures o n this map. These digital products are for llustration purpose s only a nd are no t suitable for site -specific decision making. /Project No. SP 21-0002 - Project Name: LISD Natatorium P arking Addition 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 92 ∆∆∆∆PAVING SPECIFICATIONS:2021310341C2.01LISD EASTSIDE AQUATIC CENTER PARKING RENOVATIONS SITE PLAN 111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712 201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.com The John R. McAdams Company, Inc.PROJECTSITEL E G E N DCITY PROJECT NO SP21-0002 93 S 9 2021310341 L2.0 94 S 9 2021310341 L2.1 95 96 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021-_____ SITE PLAN – LISD EASTSIDE AQUATIC CENTER PARKING ADDITION LOT 1R, BLOCK A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR LISD EASTSIDE AQUATICS CENTER PARKING RENOVATIONS. NATATORIUM PARKING ADDITION MEMORIAL DRIVE LOT 1R, BLOCK A FOR THE DEVELOPMENT OF AN ADDITIONAL 105 PARKING SPACES ON THE EXISTING LISD NATATORIUM SITE LOCATED AT THE NORTHWEST INTERSECTION OF MEMORIAL DRIVE AND TRAILVIEW DRIVE AND IS WITHIN THE PLANNED DEVELOPMENT 20 (PD-20) ZONING DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP21-0002 for the development of an additional 105 parking spaces on the existing LISD Natatorium site located at the northwest intersection of Memorial Drive and Trailview Drive and is within the Planned Development 20 (PD-20) zoning district should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Site Plan, Landscape Plan and Elevation [Façade] Plans copies of which are attached hereto as, Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 97 2 SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. DULY PASSED by the City Council of the City of The Colony, Texas, this 7th day of September, 2021. Joe McCourry, Mayor ATTEST: Tina Stewart, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 98 3 Exhibit A 99 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit (SUP) to allow a Studio (music) known as “School of Rock,”, situated at 4897 SH 121, Suite 100, containing a total area of 2,462 square feet, within Planned Development – 11 (PD-11) Zoning District and The Gateway Overlay District. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendation. Attachments: SUP21-000 CC - School of Rock (Studio music use) - SUP.pdf SUP21-0001.pdf Site Plan.pdf Floor Plan.pdf Colony Narrative.pdf Site Photographs.docx 100 1 CITY COUNCIL REPORT AGENDA DATE: September 7, 2021 DEPARTMENT: Development Services Department SUBJECT: SUP21-0001 – School of Rock (Studio music use) – Specific Use Permit. Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit (SUP) to allow a Studio (music) known as “School of Rock,” The subject site is located at 4897 SH 121, Suite 100, containing a total area of 2,462 square feet, within Planned Development – 11 (PD-11) Zoning District and The Gateway Overlay District. OWNER/ENGINEER Owner: Loveita & Schon, LLC Big Spring, Texas Applicant: Kristin Kidd Dallas, Texas EXISTING CONDITION OF PROPERTY The tenant space was previously developed as a medical clinic, known as Baylor Scott & White Family Medicine, Suite 100 at 4897 SH 121. ADJACENT ZONING AND LAND USE North - Planned Development 11 (PD-11) Zoning District – Comfort Suites South - Planned Development 11 (PD-11) Zoning District – 121 Office Plaza LLC East - Planned Development 27 (PD-27) Zoning District – Top Golf West - Planned Development 11 (PD-11) Zoning District – Undeveloped PROPOSED DEVELOPMENT The applicant requests Specific Use Permit (SUP) approval to allow the proposed Studio (music) use within the “One 2 One” shopping center located at 4897 SH 121, Suite 100. The proposed use will offer instruction in singing, instruments, and performing music. The applicant intends to operate Monday to Friday from 2:00 pm to 9:00 pm and Saturdays from 10:00 am until 5:00 pm. PRIOR ACTION/REVIEW (Council, Boards, Commissions) August 24, 2021 - The Planning and Zoning Commission voted (7-0) to recommend approval of the Specific Use Permit. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the SUP meets the requirements of the Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Site Plan 4. Floor Plan 5. Applicant Narrative 6. Site Photographs 101 2 ATTACHMENT 1 Staff Analysis LAND USE ANALYSIS The subject site is located within the Planned Development -11. Studio (music) use requires SUP approval within the underlying zoning of PD -11. Studio (music) is defined as: The instructing, coaching or counseling in art, music, ceramics, drama, speech, dance or similar personal skills or arts. Specific Use Permit approval is intended to offer further evaluation of certain uses and the appropriateness of the operation of those uses within the conte xt of the surrounding area. Uses within the General Retail (GR) district typically include a mix of retail, office and personal services. The One 2 One shopping center and surrounding development contain of a mix of retail, office and personal services uses including medical clinics, offices, a gym and a restaurant. The proposed Studio (music) is anticipated to operate congruously with the nearby surrounding uses and uses generally found within the GR district. The intended hours of operation are Monday to Friday from 2:00 pm to 9:00 pm and Saturdays from 10:00 am until 5:00 pm. Specific Use Permit (SUP) Criteria In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning Ordinance, the Planning and Zoning Commission and Ci ty Council shall review and evaluate a Specific Use Permit application using the following criteria: 1. Conformance with the City of The Colony’s Comprehensive Plan; The Future Land Use Map identifies this area as “SH-121 Corridor Development Zone,” which includes including single -family and multifamily residential, commercial, retail, office, and industrial uses. During the development of the SH 121 corridor plan, destination-oriented recreational and entertainment land uses were identified as the most favo rable for the future growth of the corridor. The proposed land use is in conformance with The Colony Comprehensive Plan. 2. Conformance with applicable regulations and standards established by the zoning regulations; With the approval of the SUP, the application will be in conformance with the Zoning Ordinance. 3. Compatibility with existing or permitted uses on abutting sites, in terms of building height, build and scale, setbacks on open spaces, landscaping and site development, access and circulation features, architectural compatibility; The proposed Studio (music) use is generally compatible with the approved uses on abutting sites. The area surrounding the suite is mainly office and service businesses. 102 3 4. Safety and convenience of vehicular and pedestri an circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area, existing zoning and land uses in the area; The site layout for the subject site has been revie wed and has been previously approved by the City, which meets traffic circulation and associated requirements. An existing drive- thru lane is presently unused on the west side of the suite. The applicant intends to utilize the drive-thru lane as a pickup and drop-off space. 5. Protection of persons and property from erosion, flood, or water damage, fire, noise, glare, air quality, generation of dust and odors, and similar hazards and impacts; The subject site was developed in accordance with the applicable regulations at the time of construction. 6. Location, lighting and type of signs; the relation of signs to traffic control and adverse effect of signs on adjacent properties; All existing lighting will remain as previously approved. All signage shall be reviewed in accordance with the Sign Ordinance. 7. Adequacy and convenience of off-street parking and loading facilities; The use of the subject site will change from a medical clinic to studio (music) use. No anticipated increase in parking demand is generated from the change in use. 8. Determination that the proposed use and site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity; Review of the applicants request revealed the intent to make minor modifications to reduce noise intrusion. The modifications include noise mitigation treatments such as installing hard ceilings, additional drywall layers, batting insulation, weather stripping and door sweeps. Musical equipment will utilize specialized “silent stroke” drumheads and cymbals to reduce noise. Further, instruction of students will occur on an appointment basis, with operating hours consisting of Monday to Friday from 2:00 pm to 9:00 pm and Saturdays from 10:00 am until 5:00 pm. The noise mitigation modifications and hours of operation are anticipated to offer compatibility with existing or permitted uses in the vicinity. 9. Determination that any conditions applicable to approval are the minimum necessary to minimiz e potentially unfavorable impacts on nearby uses in the same district and surrounding area No special conditions are being recommended by staff. The proposed use as requested is not anticipated to create any unfavorable impacts on nearby uses in the same district and surrounding area. 10. Determination that the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare of materially injurious to properties or improvements in the vicinity. The proposed use is not anticipated to be detrimental to the public health, safety, or welfare. 103 4 Infrastructure Improvements No specific public infrastructure improvements are planned for this area. Notification The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the City Council meeting. Notice for this SUP Public Hearing was published in The Dallas Morning News on August 20, 2021. In addition, the Zoning Ordinance requires notification of property owners located within 200 feet of the subject property a minimum of fifteen (15) days prior to the public hearing. Public Hearing notices were mailed on August 20, 2021 to adjacent property owners. No comments either for or against the SU P were received as of printing of this packet. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the SUP meets the requirements of the Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report. 104 4897 340 260 180 210 100 220 160 300 140 280 B lair B lair O a k s D r O a k s D r 200 280 140 220 100 260 3404897 This m ap was generated by G IS da ta provided by Th e Colony GIS De partmen t. The City o f The Colony does n ot guara ntee th e correctness oraccuracy of any fe atures on this map. These dig ital pro ducts a re for llustr ation purpose s only a nd a re n ot suitable for site -specific decisio n makin g. /Project No. SUP2 1-00 01 - Project Nam e: School of Rock Agricultural Busine ss Park Busine ss Park/Industrial Duplex Dwe lling General Ret ail Heavy Com mercial Industrial Light Comm ercia l Mobile Ho me Neigh borhood Service Office D istrict 1 Pla nned De velopment Shopp ing Center Sin gle Famil y Dwe lling Townh ome 105 106 ':+56+0) ':+56+0) ':+56+0) .'5510411/':56%.)%#42'6':56#%%'55+$.'4'56411/':56%.)':56(.114':56#%%'55+$.'4'56411/':56%.)':56(.114.'5510411/':56%.)%#42'64'*'#45#.5(&4;9#..%.)%#42'6/7.6+274215'411/5(&4;9#..%.)%#42'6.'5510411/':56%.)%#42'6567&'06.170)'':215'&&'%-%10%4'6'6'#%*'4 5.170)'':56%.)':56(.1145614#)' ':+56+0) ':+56+0) ':+56+0)4'%'26+10':56%.)%10%4'6'/1&'.07/$'464#&'0#/'241&7%6/#6'4+#. /1&'.07/$'464#&'0#/'241&7%6/#6'4+#. 241215'&(.1142.#0&'5%4+26+10#24:5<616#.5(Z.'5510411/5.4)8#4+'55(4'*'#45#.4111/ : 5(/7.6+274215'411/ : 5(567&'06 5.170)'5(6'#%*'4 5.170)'5(4'%'26+10#4'#0#5(5614#)'0#0#Z':+56+0)4'56411/50#5(.'5510411/&4;9#..%.)%#42'6.'5510411/&4;9#..%.)%#42'6 ':+56+0)411/5614'/#+0 /#+0*#..':56%.)%10%4'6' ':+56+0)(+..':+56+0)12'0+0)9+6*9#..61/#6%*':+56+0) &1145%*'&7.'019*5+<'6;2'016'5 18'4*'#&5'%618'4*'#&5'%6*+0)'&5+0).'*+0)'&5+0).'*+0)'&5+0).'*+0)'&5+0).'*+0)'&5+0).'*+0)'&5+0).'*+0)'&5+0).'*+0)'&5+0).'*+0)'&5+0).'*+0)'&5+0).'*+0)'&5+0).'*+0)'&5+0).'5.+&+0)5+0).'%1//'4%+#.)4#&'')4'55%1//'4%+#.)4#&').#556;24'%'26+10&1146;2.'5510411/&1146;2.'5510411/&1146;2.170)'&1146;2.'5510411/&1146;2.'5510411/&1146;2.'5510411/&1146;2.'5510411/&11451.+&&1146;2.'5510411/&11451.+&&1146;2.'5510411/&114(7..).#554'75'':+56+0)&1145+056#..6'/2'4'&).#55+0':+56+0)&1145 #2241:5(1(%#42'6':+56+0)(.114+0)614'/#+0 .'5510411/&114.170)'4'%'26+10&114$7+.&0'99#..57261411(&'%-#0&5170&2411($7+.&0'99#..57261411(&'%-#0&5170&2411(+056#..9#6*'4564+22+0)#0&&11459''25(145170&#66'07#6+104'*'45#.411/5#0&.#4)'.'5510411/54'37+4'&1145'#.-+65 9#..6;2'567&5+<'(+0+5*&'5+)0#6+1010'5+&'1(2#46+10(+0+5*&'5+)0#6+1012215+6'5+&'1(2#46+6+10(+0+5*&'5+)0#6+105&9);257/9#..$1#4&':':+56+0)/#6'4+#.:#10'.#;'41(6;2':&4;9#..18'4':+56+0)&4;9#..:%691.#;'451(6;2':&4;9#..7261':+56+0)0'9%'+.+0):4691.#;'451(6;2':&4;9#..7261':+56+0)411(&'%-## /125+0-5614#)' &9:4$7+.&0'99#..57261411(&'%-#0&5170&2411(#&&$#66+0)+057.#6+104#+5'':+56+0)9#..7261411(&'%-#0&5170&2411(:%:4 :&:&:4:4'::4 ':': '::#:#'::4'::4': :4': :#:4#&&$#66+0)+057.#6+10'::# '::# '::# '::# '::# ':':':':':'::%&9':'::%&9 :%:% :#':':':'::#:#'::#': #&&$#66+0)+057.#6+10#&&$#66+0)+057.#6+10#&&$#66+0)+057.#6+10#60'99#..5241215'&241)4#/41..729$7+.6+0')4'55&114.'5510411/':56%.)%#42'6.'5510411/':56%.)%#42'6 4'+056#..':+56+0)/+..914-4'+056#..':56+0)/+..914-#(6'4#&&+6+10#.&4;9#..':+56+0)/+..914-614'/#+0':+56+0)411/5614'/#+0+056#..&4;9#..#4170&':+56+0)/+..914-+056#..':+56+0)%#$+0'65(41/#&+(('4'06.1%#6+106*+5&'5+)0&1%7/'06+56*'51.'2412'46;1($.#0%1&'5+)0567&+1..%#0&+501661$'75'&+0#0;/#00'49+6*176':2.+%+694+66'02'4/+55+10#OCTEQOCTEQ"DNCPEQFGUKIPUVWFKQ 241215'&(.1142.#06: 5%*11.1(41%- 2'4/+65'6 6*'%1.10;6: 107 NARRATIVE DOCUMENT FOR APPROVAL OF SPECIAL USE PERMIT ABOUT SCHOOL OF ROCK The School of Rock is a revolutionary approach to music education. Students participate in individual, private lessons and work toward an end-of-season showcase where the students perform together as a band at a local music venue. School of Rock believes that every person, every student, has a home. Oftentimes, students find us because they “dont fit in”, They have not yet found a place where they are comfortable. Maybe they are not in sports, or academics, and their creativity is blossoming. When they com e to School of Rock they have a home. Everyone fits in here. It does not matter if you are 7 years old, 17 years old or 67 years old, you have a home at School of Rock. School of Rock started in 1998 in Philadelphia, and since the first school opened, it has inspired a Movie (with Jack Black), TV Show and a Broadway musical. In the last 20+ years, School of Rock has grown to over 220 schools worldwide thanks to our innovative and proven approach to music education. In fact, we continue to pave the way for music education to grow and adapt, teaching children classically as well as through performance. We know that through playing, kids learn faster, and play better. But do not let the name fool you. We might be called School of Rock, but that doesn't mean it's all AC/DC and Metallica. If you want to learn Pop, Blues, Jazz, Metal, Country, Songwriting, etc, we've got you covered. Our teachers are experts in their fields, and we are proud to have them. WHO WE ARE School of Rock locations can be found throughout North Texas. TKAA The Colony, LLC is composed of two husband-and-wife teams who are native to the North Texas area. Kristin and Ray Kidd have operated School of Rock franchises for over 12 years, since 2009. Ray grew up in a highly musical atmosphere, living under the same roof as a Music Minister, Band Instructor and singer for the Vocal Majority. From a young age, he gravitated towards Elvis & The Ramones instead of the 80’s new wave of the day. A cancerous tumor left him deaf in one ear, but that didn’t sway his love for music. Living in Grand Junction Colorado, young Ray decided he wanted to learn guitar. His parents took him to a member of their church, the guitar-tech-turned-guitar-player of the 80’s Hair-Metal band, Quiet Riot. (“Come on feel the noise” and “Bang your Head/Metal Health”) . Ray 108 picked up guitar with ease, as he seems to do with any instrument (except vocals!). Moving back to Texas his senior year of high school, Ray immediately joined a band looking for a bass player. After graduating, he became a private school kindergarten teacher by day / Rockstar by night. His band won the Dallas Observer Award for best punk band in DFW, playing with such bands as: Bowling for Soup, Brand New, Taking Back Sunday and more. Eventually some severe health problems resulted in Ray becoming completely deaf for a few months, putting his life & band on hold. When he regained hearing in his good ear, he moved back to Dallas, and joined back up with his band-mates. They re- formed as a new band and quickly garnered a large following playing with bands such as Bad Religion, Hot Water Music, Less Than Jake and more. When the Frisco School of Rock opened in North Dallas, Ray was a perfect fit as an instructor. Ray quickly learned that his passion could become a reality and a career. He worked his way up to becoming the Music Director of what became the second largest School of Rock in the nation, leading him to later train and work in multiple locations in the DFW area. After 6 years, Ray and his wife moved out to Southern California and led a cultural revolution by opening up multiple, brand new schools from scratch. A few years later the Kidds were moved back to DFW to oversee 27 locations across the US. Kristin has a degree in English and Child Development from the University of North Texas, as well as a certification in Audio Engineering. She has experience running one of Texas’ largest recording studios, working with artists such as Justin Timberlake, Timbaland, The Jonas Brothers and more. When her husband and family began talking about their future, they knew that bringing School of Rock to their home -town was what they wanted to do. For the last 2 years, Kristin and Ray have partnered with Natalie and Jake Kidd (Ray’s brother & his wife) to own and operate a School of Rock in College Station. Kristin and Ray live in The Colony and believe it to be an excellent city for their second school. OUR COMMITMENT TO OUR COMMUNITY The Kidd family has always operated our business with the mindset of “community first”. We believe in supporting local businesses, and local organizations, and we believe in building a strong awareness of the communities we serve. We are heavily involved in giving back to our community th rough: ● Monetary donations to local school fundraisers and PTOs 109 ● We give generously to silent auction donations for local ISDs, police, fire, medical fundraisers ● We offer discounts for local ISD, Police, Fire, and Medical personnel ● We provide entertainment at local elementary and middle school festivals ● We offer scholarship programs for children in our communities who can not afford our program ● We collect donation items for local food banks and family shelters. GENERAL BUSINESS INFORMATION STAFFING School of Rock provides jobs for musicians and like -minded creative thinkers in the community. We operate with a General Manager, Music Director, and several teachers on staff. Our general manager is a young lady who is new to School of Rock and is excite d for her growth potential with our new business. She oversees the day-to-day operation of the school, and is on salary. Our Music Director is the “back of house” manager who works in harmony with the General Manager. Their job is to coordinate curriculum for the students, oversee music instruction, and train and mentor the instructors. The remainder of our staff are music instructors who earn anywhere from $12 -$22/hr., depending on their level of musical proficiency and teaching acumen. School of Rock is such a wonderful place for musicians to work. They get to be around their art, passion and music all day, and teach the next generation of young aspiring musicians to learn and grow in their art. Over the years, several of our students have become in structors and even managers for us. In fact, the Music Directors of the McKinney and Fort Worth schools were our students in Frisco. And the GM of the Frisco school was one of our students as well. We love, and take pride in, building and growing talent, n ot just musically, but professionally and personally as well. SAFETY We believe that a safe space for learning is at the heart of a great School of Rock. That means we follow the strict guidelines laid out by corporate with safety in mind. We have cameras in every room and hallway, and a locked cabinet to house the DVR. We train each and every employee on safety procedures, and even go above and beyond with our staff to train them in CPR, and abuse awareness training. LAYOUT Our lesson space is divided into 7 private lesson rooms, two rehearsal rooms, and a student lounge, which is essentially a waiting area for students. (This area may or may not contain the greatest arcade game of all time, Galaga). HOURS OF OPERATION Our hours normally run 2pm-9pm, Monday - Fridays, and Saturdays 10am -5pm. All rehearsals are scheduled after 6pm Monday-Thursday. 110 STUDENT PICK-UP / DROP-OFF One reason we selected this unit is the existence of a drive -through lane along the side of the building. This will decrease the need for parents to park when dropping off or picking up, and it directs them to the retail exit of the parking lot. We also have the advantage of being adjacent to a large parking lot where retail development has yet to occur. OUR CO-TENANTS In our previous experience of opening and operating 27 schools across the nation, we know that location and co-tenants are the highest priority when it comes to selecting a new location. We want to find businesses that will compliment our customer base, will benefit with more business from our customers, and will be of the highest quality for our parents and students to be around. In short, we look for Grade -A real estate. Our school here in The Colony fits in perfectly with the surrounding businesses. Our co -tenants in One-2-One Plaza are very similar to our current co-tenants in College Station, and we selected this particular location because our unit is an end-cap, sharing only one wall. Here’s a brief summary of our co -tenants: ● A Dentist and an Eye Doctor who generally see lots of children ● A title company, which will see new residents moving into The Colony ● A kickboxing gym, which our parents will love working out at while their kids are in lessons ● And if they prefer to relax, we have two massage business’ as well ● And lastly we have an awesome, kid-friendly restaurant that serves food and drinks, so parents can get dinner while waiting for their kids. While searching for the perfect location, we had several locations to choose from; we ultimately chose this center because of the endcap and co-tenants. COMMITMENT TO OUR NEIGHBORS Our franchisor insists on very strict guidelines when it comes to sound control. We not only approach sound control from a construction standpoint, but also architecturally. A few choices we have made with sound reduction in mind: 1. We have used School of Rock Corporate mandated and suggested construction techniques to reduce sound transmission: a. Specialized equipment for lesson room drum sets, called “silent stroke” heads and cymbals, which effectively making them no louder than normal speech b. Double drywall, and specialized drywall types per School of Rock corporate standards c. Hard ceilings in louder rooms to mitigate sound to an extra degree d. Increased insulation in ceilings and throughout the walls e. Door seals 2. We selected an endcap unit. 111 a. This is to ensure that sound is only shared on 1 wall. 3. Areas that tend to get noisy are purposefully built on the exterior wall. a. We purposefully put our rehearsal rooms on the exterior walls. We put our quieter rooms on shared walls, including keeping the bathrooms and break room on the shared wall. 4. We selected an immediately adjacent neighbor whose hours of operation are the opposite of ours. a. The Physical Therapy tennant next to us has nearly opposite hours of operation. b. We also worked closely with the landlord in our lease to ensure we would abide by specific decibel levels so as to go above and beyond to prove to them that we want to be good neighbors. SUMMARY We believe so strongly in School of Rock that not only have we dedicated the last 12 years o f our lives to it, but we put our hard earned money into buying a franchise in College Station. When the opportunity opened for us to move back home to DFW, we jumped on it immediately. We chose from South Dallas, Arlington, Fort Wort and The Colony. WE CHOSE THE COLONY. Having been Frisco residents for several years, we knew how incredible the growth has been here in The Colony. We have watched, first hand, The Colony go from being a destination for Hawaiian Falls Water Park and Top Golf to exploding over the last 5-10 years into where we are now. And on top of that, we chose to live here, in The Legends neighborhood, so we could be right by our school. Every School of Rock we open, brings the community together. We create jobs. We create a safe spa ce for kids to fit in. We create a community that fosters creativity. And we create musicians. Please allow us to open, so that all of our pre-enrolled students, and teachers who are ready to start teaching, can make this school a reality! 112 113 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: David Cranford Submitting Department: Finance Item Type: Ordinance Agenda Section: Subject: Conduct public hearings for the proposed 2021-22 tax rate not to exceed $.65 cents per $100 valuation for the taxable value of property located within the City of The Colony; Also conduct a public hearing for the PID assessment of properties located within the Public Improvement District No. 1. for the Fiscal Year 2021-22. (Miller) Suggested Action: New legislation requires a vote on the tax rate no more than 7 days after a public hearing. Resolution 2021-053 calls for a public hearing on the PID assessment on Sept 7, 2021. Attachments: pid summary 21-22.pdf 114 115 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: David Cranford Submitting Department: Finance Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution amending the Fiscal Year 2020-2021 Master Fee Schedule for the Fiscal Year 2021-2022, effective October 1st 2021. (Miller) Suggested Action: Attachments: Preliminary Master Fee Schedule 2021_2022.pdf Res. 2021-xxx FY2021-22 Master Fee Schedule.doc 116 October 1, 2021 - September 30, 2022 Master Fee Schedule 117 Donation Box - Relocation Permit Fee Not Required as of 10/01/15 Newspaper Box Newspaper Box - Annual Permit Fee Not Required as of 10/01/15 Newspaper Box - Relocation Fee Not Required as of 10/01/15 Annual Permits Donation Box Donation Box - Annual Permit Fee Not Required as of 10/01/15 Rental Registration & Inspection - Suspended at this time Rental Registration - Suspended at this time $5 per unit annually Rental Inspection - per unit inspected - Program Suspended First Inspection = $50 Follow-up re-inspection = no fee Third re-inspection = $100 Fourth re-inspection = $250 Fifth and subsequent re-inspections = $500 each Late Rental Registration - Program Suspended $10 per unit Late Rental Inspection - Program Suspended $100 per unit Commercial & Multi-Family Permits (NEW CONSTRUCTION) Commercial Building Permit Valuation and fee determined per the "Square Foot Construction Costs" table provided each August by the International Code Council with a permit fee multiplier of 0.0090 (See Page 13) Rental Inspection - per unit inspected - (Multi-Family) - Program Suspended First Inspection = $5 Follow-up re-inspection = no fee Third re-inspection = $100 Fourth re-inspection = $250 Fifth and subsequent re-inspections = $500 each Commercial Cell Tower $100 Flagpole Installation (over 20' in height)$50 Demolition $75 New Residential Home Permits (NEW CONSTRUCTION) Residential Building Permit $1.01 PER SQUARE FOOT Other Building Permits Accessory Structure $0.159 per sq ft (minimum $50) Remodel, Addition or Finish Out $0.159 per sq ft (minimum $50) Temporary Commercial Structure $100 Manufactured Home Inspection $275 Manufactured / Modular Home Moving Permit $100 118 Other Building Permits (con't) Re-roofing - Multi-Family / Commercial $10 per $1,000 value ($100 minimum) Re-roofing - Single Family (replace decking)$75 Work Performed without a Permit Schedule fee doubled Re-inspection $75 Same Day Inspection (At the discretion of the Building Official. During Business Hours.$50 per hour (2 hour maximum) Commercial Tree Removal $50.00 + $100.00 for each protected tree to be removed Other required permits not specifically listed $10 per $1,000 value ($100 minimum) Miscellaneous Archiving Fee $5 per page Organization Event Sign Permit $15 each Tent, Bounce House, Climbing Wall $50 each Small Copies (up to 8 1/2" X 14")$.10 per page After Hours Inspection (At the discretion of the Building Official.)$100 per hour (2 hour maximum) Holiday Inspection (At the discretion of the Building Official, includes weekends in conjunction with holidays.)$200 per hour (2 hour maximum) Special Event Permit $25 each Electric Permit Electrical Permit $10.00 for every $1,000 value ($100 minimum) Temporary Power Pole $50 Fencing/Retaining Wall Permit Copies (11" X 17" or greater)$.50 per page Color Copies larger than 11" X 17"$1 per square foot Building Permits Mechanical Permit $10.00 for every $1,000 value ($100 minimum) Plumbing Permit Annual Backflow Inspection Report $50 per device annually Backflow Repair / Replacement Permit $75 Fence 1 lot: $50 Subdivision: $50.00 plus $0.25 per linear foot Retaining Wall $75 Mechanical Permit Spray Park / Splash Zone $200 Hot Tub or Spa $150 New Lawn Sprinkler System & Backflow Test $125 Plumbing Permit $10.00 for every $1,000 value ($100 minimum) Pool/Spa Permit In Ground / Above Ground Swimming Pool $200 119 Sign Permit Banner Sign 0 - 29.99 sq ft = $30 30 - 48 sq ft - $45 Inflatable Sign $45 Billboard - Registration $75 Billboard - Annual Renewal $150 Sign Permit 0 - 24,99 sq ft = $30 25 - 49.99 sq ft = $45 50 - 99.99 sq ft = $60 100 - 299.99 sq ft = $125 300 - 399.99 sq ft = $200 400 - sq ft and up = $300 Signage license agreement review $100 Building Plan Review Accessory Structure $50 or 25% of building permit fee, whichever is greater Remodels $50 or 25% of building permit fee, whichever is greater Commercial Plan Review 25% of building permit fee Certificate of Occupancy Certificate of Occupancy $75 Temporary Certificate of Occupancy $75 Operating a business without a C of O Scheduled fee doubled Re-Inspection Fee - Building Inspections Re-inspection Fee - Fire/Annual Fire Co Inspection $75 $75 Sign Plan Review $20 Plan Amendment Fee $100 Contractor License / Registration General Contractor**$75 per registration annually Multi-Family Plan Review 25% of building permit fee Application Fee / Non-Refundable Plan Review Fee (to be paid at time of application)$50 Residential Plan Review $100 Fire Re-Inspection $75 for the first $150 for the second Storage Tanks Above Ground - $100 Underground - $150 **General Contractor shall include, but not to be limited to, the following contractors: commercial, residential, moving, pool, fence, sign, demolition, foundation, remodeling, etc. Fire Plan Review / Permit State Mandated Fire Inspection $75 Foster & Group Home - Annual Fire Inspection $50 Mobile Food Truck/Trailer Fire Inspection $75 Fire Line Permit $225 Fire Alarm Permit Fee (Based on the number of signal initiating devices) 1 - 25 devices = $150 26 - 50 devices = $200 51 - 75 devices = $250 76 - 100 devices = $325 101 devices = $350 +$.75 per device over 100 120 Fire Plan Review / Permit (con't) Fire Sprinkler Permit (Based on the number of sprinkler heads) 1 - 100 sprinkler heads = $175 101 - 200 sprinkler heads = $200 201 - 300 sprinkler heads = $225 301 - 400 sprinkler heads = $250 401 - 500 sprinkler heads = $300 over 500 sprinkler heads = $250 + $.25 per sprinkler over 500 Vent Hood Permit $100 - first hood $50 - each additional Working without a permit Double permit fee Special Locks $100 Fire Panel Replacement Only $100 Fire Plan Review $175 Plan Review Re-submittal $200 BDA (Bi-Directional Antennae)$140 Combine MUZ, NSV, and Irrigation $35 + Mitigation Fees Renewal Permits $20 Zoning Annexation Newspaper Notice Cost ($400 minimum) Shoreline Mitigation Fees MUZ Permit $20 Narrow Shoreline Variance Permit $25 + Mitigation Fees Irrigation Permit $20 PD Amendment $375 Site Plan Amendment Review $100 SUP Amendment $375 Annexation Petition $500 Zoning Amendments, Planned Developments, Specific Use Permits, Site Plan 0 - 4.99 acres or portion thereof = $375 5 - 9.99 acres or portion thereof = $650 10 - 24.99 acres or portion thereof = $825 25 - 49.99 acres or portion thereof = $1,000 50 - 99.99 acres or portion thereof = $1,250 100+ acres = $200 + $12 per acre Zoning Verification Letter $50 per property (within 7 business days) $70 per property (within 3 business days) Public Hearing Sign Deposit $35 per sign Permit for Sexually Oriented Business $500 annual permit Special Exception $350 Variance Application $350 Gateway Standards Waiver $350 Platting Preliminary Plat Single Family / Duplex = $375 + $15 per lot Multi-Family / TH = $250 + $144 per acre or portion thereof All others = $250 + $72 per acre or portion thereof Final Plat / Amending Plat Single Family / Duplex = $375.00 + $15.00 per lot Multi-Family / TH = $250 + $144 per acre or portion thereof All others = $250 + $72 per acre or portion thereof 121 Conveyance Plat Single Family / Duplex = $375 + $15 per lot Multi-Family / TH = $250 + $144 per acre or portion thereof All others = $250 + $72 per acre or portion thereof General Development Plat $50 per acre or portion thereof Platting (con't) Replat Single Family / Duplex = $375 + $15 per lot Multi-Family / TH = $250 + $144 per acre or portion thereof All others = $250 + $72 per acre or portion thereof Minor Plat $300 + $10 per acre or portion thereof Vacating Plat $250 Water Meter 5/8" Tap & Meter $475 3/4" Tap & Meter $595 Street Address Change/Street Name Change 1 - 5 addresses = $100 6 - 10 addresses = $225 11 + addresses = $400 Plat Extension $100 3" Tap Only $1,625 4" Tap Only $1,895 6" Tap Only $2,415 1" Tap & Meter $730 1.5" Tap & Meter $1,085 2" Tap & Meter $1,200 Tap & Meter fee includes a service connection from main line to meter within (50) feet. Connections greater than fifty $20 per foot Sewer / Fire Line Tap 4" Sewer Tap $570 6" Sewer Tap $865 8" Tap Only $3,210 10" Tap Only $4,270 When a paved road must be bored to make tap $500 6" Fire Line Tap $2,415 8" Fire Line Tap $3,210 10" Fire Line Tap $5,000 8" Sewer Tap $1,410 10" Sewer Tap $2,220 4" Fire Line Tap $1,895 122 6" Turbine Meter 8" Compound Meter 8" Turbine Meter $264,480 $130,400 $152,076 $74,980 $132,240 $65,200 $2,480 $1,223 $4,133 $2,038 Water & Sewer Impact (Property final platted after October 1, 2007) * The Tribute Subdivision has a Developer's Agreement authorizing all new fees. NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees. 5/8" X 3/4" Meter METER SIZE WATER IMPACT FEE SEWER IMPACT FEE 1" Meter $38,400 $37,125 6" Turbine Meter $53,760 $51,975 8" Compound Meter $61,440 $59,400 8" Turbine Meter $13,440 $12,969 4" Compound Meter $19,200 $18,513 4" Turbine Meter $24,192 $23,364 10" Compound Meter $88,320 $85,338 10" Turbine Meter $145,920 $141,075 $1,653 $815 3/4" Meter $203,750 NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees. 10" Turbine Meter $413,250 6" Compound Meter $41,325 $20,375 $69,426 $34,230 $82,650 $40,750 2" Turbine Meter 3" Compound Meter 3" Turbine Meter $26,448 $13,040 $39,672 $19,560 4" Compound Meter 4" Turbine Meter 2" Compound Meter 1.5" Meter $8,265 $4,075 $13,224 $6,520 $16,530 $8,150 3/4" Meter 1.5" Meter 2" Compound Meter $1,089 1" Meter $1,920 2" Turbine Meter $6,144 $5,940 $12,288 $11,8803" Compound Meter 3" Turbine Meter $92,160 $89,100 6" Compound Meter Water & Sewer Impact (Property final platted before September 30, 2007) ENTIRE CITY EXCEPT THE TRIBUTE SUBDIVISION* 5/8" X 3/4" Meter $1,782 $3,840 $3,663 $6,144 METER SIZE WATER IMPACT FEE SEWER IMPACT FEE $768 $990 $1,152 $5,940 123 NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees. 3/4" PD 1" PD 8" Turbine Meter $82,880 $645,440 10" Turbine Meter $129,500 $1,008,500 8" Compound Meter $41,440 $25,900 $201,700 $8,288 $64,544 $12,432 $96,816 6" Compound Meter $322,720 METER SIZE 5/8" PD WATER IMPACT FEE SEWER IMPACT FEE $21,756 $169,428 6" Turbine Meter $47,656 $371,128 4" Compound Meter $12,950 $100,850 4" Turbine Meter 1 1/2" PD $2,590 3" Compound Meter 3" Turbine Meter $518 $4,034 $777 $6,051 $1,295 $10,085 Water & Sewer Impact (Property final platted after December 1, 2020) $20,170 $5,180 $40,340 2" PD 2" Compound Meter 2" Turbine Meter $4,144 $32,272 $4,144 $32,272 124 ITE Land Development Veh-Mi Per 2016 Use Code Unit Dev-Unit Fees PORT AND TERMINAL Truck Terminal 030 Acre 26.20 6,183$ INDUSTRIAL General Light Industrial 110 1,000 SF GFA 3.88 916$ General Light Industrial 120 1,000 SF GFA 2.72 642$ Industrial Park 130 1,000 SF GFA 3.40 802$ Warehousing 150 1,000 SF GFA 1.28 302$ Mini-Warehouse 151 1,000 SF GFA 1.04 245$ RESIDENTIAL Single-Family Detached Housing 210 Dwelling Unit 4.00 944$ Apartment/Multi-family 220 Dwelling Unit 2.48 585$ Residential Condominium/Townhome 230 Dwelling Unit 2.08 491$ Mobile Home Park/Manufactured Housing 240 Dwelling Unit 2.36 557$ Senior Adult Housing-Detached 251 Dwelling Unit 1.08 255$ Senior Adult Housing-Attached 252 Dwelling Unit 1.00 236$ Assisted Living 254 Beds 0.88 208$ LODGING Hotel 310 Room 1.93 455$ Motel / Other Lodging Facilities 320 Room 1.51 356$ RECREATIONAL Golf Driving Range 432 Tee 4.02 949$ Golf Course 430 Acre 0.96 227$ Recreational Community Center 495 1,000 SF GFA 8.81 1,452$ Ice Skating Rink 465 1,000 SF GFA 7.59 1,791$ Miniature Golf Course 431 Hole 1.06 250$ Multiplex Movie Theater 445 Screens 43.85 2,061$ Racquet / Tennis Club 491 Court 10.77 2,542$ INSTITUTIONAL Church 560 1,000 SF GFA 1.16 274$ Day Care Center 565 1,000 SF GFA 14.51 3,424$ Primary / Middle School (1 - 8)522 Students 0.34 80$ High School 530 Students 0.27 64$ Junior / Community College 540 Students 0.25 59$ University / College 550 Students 0.36 85$ MEDICAL Clinic 630 1,000 SF GFA 19.55 2,694$ Hospital 610 Beds 5.36 677$ Nursing Home 620 Beds 0.83 114$ Animal Hospital / Veterinary Clinic 640 1,000 SF GFA 12.46 1,711$ Roadway Impact Fees - Page 1 Land Use Category 125 ITE Land Development Veh-Mi Per 2016 Use Code Unit Dev-Unit Rates OFFICE Corporate Headquarters Building 714 1,000 SF GFA 5.64 772$ General Office Building 710 1,000 SF GFA 5.96 821$ Medical - Dental Office Building 720 1,000 SF GFA 14.28 2,050$ Single Tenant Office Building 715 1,000 SF GFA 6.96 954$ Office Park 750 1,000 SF GFA 5.92 827$ COMMERCIAL Automobile Related Automobile Care Center 942 1,000 SF Occ GLA 5.22 898$ Automobile Parts Sales 843 1,000 SF GFA 9.54 1,510$ Gasoline / Service Station 944 Vehicle Fueling Position 4.83 664$ Gasoline / Service Station w/ Conv Market 945 Vehicle Fueling Position 3.57 486$ Gasoline / Service Station w/ Conv Market and Ca 946 Vehicle Fueling Position 3.66 485$ New Car Sales 841 1,000 SF GFA 5.87 936$ Quick Lubrication Vehicle Shop 941 Servicing Positions 8.72 1,379$ Self - Service Car Wash 947 Stall 1.99 274$ Tire Store 848 1,000 SF GFA 8.37 1,604$ Dining Fast Food Restaurant w/ Drive-Thru Window 934 1,000 SF GFA 39.10 5,716$ Fast Food Restaurant w/out Drive-Thru 933 1,000 SF GFA 31.31 4,315$ High Turnover (Sit-Down) Restaurant 932 1,000 SF GFA 13.45 2,055$ Quality Restaurant 931 1,000 SF GFA 10.05 1,385$ Coffee/Donut Shop w/Drive-Thru Window 937 1,000 SF GFA 30.75 4,251$ Other Retail Free-Standing Discount Store 815 1,000 SF GFA 11.21 1,570$ Nursery (Garden Center)817 1,000 SF GFA 15.62 1,178$ Home Improvement Superstore 862 1,000 SF GFA 3.90 759$ Pharmacy/Drugstore w/o Drive Thru Window 880 1,000 SF GFA 12.69 1,947$ Pharmacy/Drugstore w/Drive Thru Window 881 1,000 SF GFA 16.25 1,947$ Shopping Center 820 1,000 SF GFA 7.87 1,097$ Supermarket 850 1,000 SF GFA 19.51 2,963$ Toy/Children's Superstore 864 1,000 SF GFA 11.23 1,547$ Department Store 875 1,000 SF GFA 4.21 552$ Video Rental Store 896 1,000 SF GFA 21.86 3,012$ SERVICES Walk-In Bank 911 1,000 SF GFA 12.34 2,912$ Drive-in Bank 912 Drive-in Lanes 29.86 5,662$ Hair Salon 918 1,000 SF GLA 1.72 406$ Roadway Impact Fees - Page 2 Land Use Category 126 127 Office Creek Drainage Impact Fees & Map *ERU is an equivalent residential unit and is equal to 3,406 square feet of impervious area. Residential Non-Residential $231.52/lot $231.52/ERU* 128 129 130 Group (2012 International Building Code)IA IB IIA IIB IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 226.76 219.31 213.96 205.01 192.75 187.20 198.12 176.19 169.52 A-1 Assembly, theaters, without stage 207.79 200.35 194.99 186.04 173.88 168.33 179.15 157.32 150.65 A-2 Assembly, nightclubs 176.13 171.14 166.41 159.90 150.48 146.32 154.26 136.32 131.68 A-2 Assembly, restaurants, bars, banquet halls 175.13 170.14 164.41 158.90 148.48 145.32 153.26 134.32 130.68 A-3 Assembly, churches 209.84 202.40 197.04 188.09 176.18 170.63 181.20 159.62 152.95 A-3 Assembly, general, community halls, libraries, museums 175.12 167.68 161.32 153.37 140.31 135.76 146.48 123.75 118.08 A-4 Assembly, arenas 206.79 199.35 192.99 185.04 171.88 167.33 178.15 155.32 149.65 B Business 181.09 174.44 168.64 160.29 146.09 140.60 153.96 128.21 122.54 E Educational 193.98 187.30 181.81 173.58 161.65 153.10 167.59 141.27 136.67 F-1 Factory and industrial, moderate hazard 107.90 102.96 96.85 93.24 83.53 79.76 89.27 68.81 64.80 F-2 Factory and industrial, low hazard 106.90 101.96 96.85 92.24 83.53 78.76 88.27 68.81 63.80 H-1 High hazard, explosives 101.01 96.07 90.96 86.35 77.83 73.07 82.38 63.11 N.P. H234 High hazard 101.01 96.07 90.96 86.35 77.83 73.07 82.38 63.11 58.10 H-5 HPM 181.09 174.44 168.64 160.29 146.09 140.60 153.96 128.21 122.54 I-1 Institutional, supervised environment 179.48 173.17 168.13 160.99 147.72 143.83 160.67 132.55 127.94 I-2 Institutional, hospitals 305.47 298.82 293.02 284.67 269.47 N.P.278.34 251.59 N.P. I-2 Institutional, nursing homes 211.47 204.82 199.02 190.67 177.47 N.P.184.34 159.59 N.P. I-3 Institutional, restrained 206.32 199.67 193.87 185.52 172.82 166.33 179.19 154.94 147.27 I-4 Institutional, day care facilities 179.48 173.17 168.13 160.99 147.72 143.83 160.67 132.55 127.94 M Mercantile 131.29 126.30 120.57 115.06 105.29 102.13 109.42 91.13 87.49 R-1 Residential, hotels 180.89 174.58 169.54 162.40 149.39 145.50 162.08 134.22 129.61 R-2 Residential, multiple family 151.70 145.39 140.35 133.21 120.92 117.03 132.89 105.75 101.14 R-3 Residential, one- and two-family 143.18 139.24 135.76 132.27 127.10 123.91 129.53 118.85 111.36 R-4 Residential, care/assisted living facilities 179.48 173.17 168.13 160.99 147.72 143.83 160.67 132.55 127.94 S-1 Storage, moderate hazard 100.01 95.07 88.96 85.35 75.83 72.07 81.38 61.11 57.10 S-2 Storage, low hazard 99.01 94.07 88.96 84.35 75.83 71.07 80.38 61.11 56.10 U Utility, miscellaneous 76.35 71.93 67.45 64.00 57.56 53.75 61.01 45.05 42.90 a. Private garages use Utility, miscellaneous b. Unfinished basements (all use group) = $15.00 per sq ft c. For shell only buildings deduct 20 percent d. N.P. = not permitted TO CALCULATE FEE = MULTIPLY GROSS SQUARE FEET BY $ AMOUNT ABOVE BY PERMIT FEE MULTIPLIER (CURRENTLY 0.0090) Example - Type II-B Retail (Mercantile) with 3,800 sq. ft. of floor space would be calculated as: 3,800 X $115.06 X 0.0090 = $3,935.05 Table 2 - Square Foot Construction Costs131 Water well - residential Water well - non-residential < 300 linear feet stream or shoreline 300 - 1,000 linear feet stream or shoreline > 1,000 linear feet stream or shoreline Single Family Residential Lot < 3 acres De-watering well Well Drilling Permit > 3 acres Monitor well Injection well Test well Irrigation well $350 Restaurants (>2,000 sq. ft. GFA)$550 Warehouse/Distribution/Catering (<2,000 sq. ft. GFA) Floodplain Development Permit $100Single Family Residential Lot Grading Permit $250 $50 $300 $350 Warehouse/Distribution/Catering (>2,000 sq. ft. GFA)$550 $320 $400 $500 1 to 5 days late 6 or more days late GENERAL FUND Health Permits Grocery Stores (<8,000 sq. ft. GFA)$350 Annual Health Permits: Administrative Fee - Residential (1 thru 4) $250 $100 $100 50% of health permit fee 100% of health permit fee $250/node for each additional node over 5 nodes Network Node Fees Annual public right of way use fee $250 per network node/year Code Enforcement Fees $40 $500/node (first 5 network nodes) $250 Permits $200 $300 $50 $50 Network provider connect network node to network fee $28 per node per month Pole attachment rent (network node on service pole)$20/pole/year Permit application fee Restaurants (<2,000 sq. ft. GFA) $1,000/pole for each node support pole Late Payment of Health Permit: Administrative Fee - Residential (5+)$150 Administrative Fee - Commercial (1 thru 3) Administrative Fee - Commercial (4+) $100 $200 Grocery Stores (>8,000 sq. ft. GFA)$550 Convenience Store $265 Convenience Store (with deli) 132 Expunction Fee $100 Temporary Permits (14 days or less)$50 per event / per vendor Mobile Truck (Hot Food)$200 NSF check returned fee per incident $25 Online payment for Court fines $1.50/transaction $200 $50 per hour (2 hour minimum) Mobile Truck (Cold Food) $800 - Resident $900 - Non-Resident $900 - ResidentAdvanced Life Support (ALS) Emergencies Advanced Life Support (2) (ALS2) Basic Life Support (BLS) Emergencies $650 - Non-Resident $150 first and $100 each additional Seasonal Permits (6 months) $100 $75 $100 Plan Review Registered Food Service Manager Operating without a permit $150 $150 $30 biennially Scheduled fee doubled Replacement RFSM Certificate $5/ea Replacements Health Permit Public/Semi-Public Swimming Pool/Spa/Splash Zone Inspection Child Care Facilities $100 $150 Health Permits (con't) Same Day Inspection (at the discretion of the Health Inspector) $0.10 per page $1 per square foot Holiday Inspection (at the discretion of the Health Inspector, includes weekends in conjunction with holidays) Miscellaneous $500/each claim Mileage $15 * Fees may be reduced up to 50% for non-profit organizations upon approval from the City Manager or his designee. $550 - Resident Administrative Fee - Insurance Claims $0.50 perpage Finance Fire & Ambulance Ambulance Calls $100 per hour (two hour minimum)After Hours Inspection (at the discretion of the Health Inspector) Reinspection Fee (Facility initiated) Small Copies up to 8 1/2" X 14" Color Copies larger than 11" X 17" $850 - Non-Resident $900 - Resident Pre-Opening/Change of Ownership Fee $200 per hour (two hour minimum) $75 Mobile Food Cart $250 $1,100 - Non-ResidentSpecialized Critical Care (SCT) $1,000 - Resident $1,100 - Non-Resident Re-Inspection Fee (Required if score is 75 or less) Municipal Court Copies - 11" X 17" or greater Limited Food Cart (Pre-packaged) Limited Food Cart (Potentially Hazardous) $5/ea 133 Actual cost, plus $10 proc fee Assigned by owning agency Restitution for repairable damage: Equipment (AV, computer) Inter-library loan material Inter-library loan material Minimum: $0.25 Maximum: Assigned by owning agency $20, plus $5 proc fee Activity kits $60, plus $5 proc fee $27, plus $5 proc fee Video history tape $8, plus $5 proc fee Audiobooks & kits (CD)$10/piece up to a maximum of $100 per cataloged item, plus $5 proc fee Cassette player $30, plus $2 proc fee Movies (disc)$20, plus $5 proc fee TV series (disc)$10/disc, plus $5 proc fee $17, plus $5 proc fee $15, plus $5 proc fee Restitution for lost/ruined materials: MP3 $20, plus $5 proc fee Playaway audiobook Early literacy kit $60, plus $5 proc fee $60, plus $5 proc fee Compact disc $15/piece plus $5 proc fee $17, plus $5 proc fee $27, plus $5 proc fee $15, plus $5 proc fee $27, plus $5 proc fee Graphic Novel Adult Fiction (hardbound) Adult Fiction (paperbound) LP Fiction (hardbound) Non-Fiction (hardbound) Mass market paperback $8, plus $2 proc fee Children's kit (CD & book) Board books $7, plus $2 proc fee Non-Fiction (paperbound) Magazine $5, plus $2 proc fee Fire & Ambulance (con't) Special Events $52.40/hr $65.11/hr $75.65/hr Paramedic Rate Supervisor Rate Commander Rate $18, plus $5 proc fee Book (according to classification): Library Fees E / J FIC / YA FIC YA FIC (paperbound) $60/year - $5/month LP Fiction (paperbound)$20, plus $5 proc fee LP Non-Fiction (hardbound)$27, plus $5 proc fee LP Non-Fiction (paperbound)$18, plus $5 proc fee New Subscribers $96/year - $8/month Advanced Life Support (ALS) Disposables $200 - Non-Resident Ambulance Subscription Service Basic Life Support (BLS) Disposables $150 - Non-Resident Oxygen $50 Existing Subscribers Fishing gear $20, plus $5 proc fee 134 Library Fees (con't) 3rd impound of the same animal 4th impound and all subsequent of same animal Actual cost Impound fees Postage to return Animal Services Fees 1st impound $75 $15/animal $25 $60 $85 $115 $20/animal $10/night/animal $65 $10 Release of ownership fee Sheltering fee Euthanasia fee (includes surrender & disposal) Voluntary dog registration fee Rabies test Deceased animal pickup Home quarantine fee 2nd impound of the same animal Adoption fee $95 $25 Exam proctoring service $15 per exam proctored Photocopy fee $.10 per copy Printing fee (grayscale)$.10 per page Printing fee (color)$.40 per page 3D printing fee $.10 per gram; $1 minimum $1 per 6" sq. Fax fee $.50/page; $5 maximum Adhesive vinyl $2 per 12" sq. Heat transfer vinyl $3 per 12" sq Heat transfer vinyl $1.50 per 6" sq Transfer tape $.50 per 12" sq Replacement library card $2 Inter-library loan service: Assigned by owning agency Maximum: 3/4 lost/ruined fee Minimum% of lost/ruined fee $10 fine (per item), plus warning$10 fine (per item), plus revocation of AV equipment privileges Current catalog price Partial loss (piece missing) Return AV equipment in drive-up drop: Loss or damage to processing materials 1st offense 2nd offense Photocopy charges Minimum: $0.25 AV Equipment Other items Minimum: $0.25 Maximum: Repair cost, plus shipping & handling chgs $45 Microchip $15 Release of ownership & pickup fee Transfer tape $.25 per 6" sq Adhesive vinyl Deceased animal - remains disposal fee $25 $100 Prohibited animals $150 Permanent permit fee $500/year Shelter quarantine fee 135 Clearance Letter/Local Criminal History Report $4 Certified $2 Normal towing charges for vehicles: $225 $375/hr Over 25' - $35 $20 $155Vehicles up to 10,000 GVWR Vehicles 10,001 - 26,000 GVWR Vehicles over 26,000 GVWR (Heavy Duty) Preservation Fee Accidents requiring additional services (per accident)$115 $50 Police Residential - annual alarm permit $25 8 or more $100 Dash cam 911 audio 1st - 3rd No Fee 4th - 5th $50 6th - 7th $75 Up to 25' - $20Storage fees (each 24 hour period, said sum due at the beginning of each such periods) (per day) Commercial - annual alarm permit 0.10/page after 10 pages $6 $.10/page Police reports Accident reports Offense report and/or copies Alarm fees - permit Alarm fees - false 20% of personnel charge $10 $3 $1 Body cam Actual cost $1/each $1/each $.50/each Actual cost Actual cost $15/hr Audio cassette Paper - Oversized (11 X 17, etc) Other Actual cost Speciality paper (color maps/$1 sq ft) Other electronic media Personnel Overhead Postage/shipping Solicitors badge $10/ea Solicitors permit $10/day $25/wk $100/yr Scanner fee $5 Copies - paper Alcohol permits 1/2 of State Fees Per Ordinance #719 CD DVD Diskette $.10/page $1 Public records $3 City Secretary 136 Standard Pavilion Rental (Perryman, Slay/Baker, Ridgepoint, Dave Cowan, Bill Allen & Friendship $50/5 hrs - Resident / $100/5 hrs - Non-Resident Premium Pavilion Rental (Kids Colony, Lions Club)$75/5 hrs - Resident / $150/5 hrs - Non-Resident Court Rentals: Basketball court rental Volleyball court rental 1/2 court = $15/hr; full court = $25/hr full court = $25/hr Youth basketball - summer $80 - Resident/$90 - Non-Resident Youth basketball - Miniball $45 - Resident/$55 - Non-Resident $10/player/season - Non-Resident Youth basketball - winter $90 - Resident/$100 - Non-Resident Athletics $35 for up to 4 hrs daily $50 for more than 4 hrs dailyAmphitheater Rental Non-resident recreation pass (all ages)$30/yr under age 50, $20/yr 50+ ID card replacement $5 PARKS FUND Recreation Parks & Recreation Fees: Resident recreation pass (all ages)$15/yr under age 50, $10/yr 50+ $40/day - Resident $45/day - Non-Resident $25 Kidz Kamp - holiday sessions (base) Kidz Kamp - summer supply fee $5/month or $2/class $145/week - Resident $170/week - Non-Resident Non-member program registration fee Kidz Kamp - summer sessions (base) Kidz Klub - summer sessions (base)$160/week - Resident $185/week - Non-Resident Gym rental $60/hr - Resident / $80/hr - Non-Resident Activity room rental $50/hr - Resident / $70/hr - Non-Resident Recreation Center rentals after hours Gym rental - 1/2 court $25/hr - Resident / $45/hr Non-Resident $50/hr - Resident / $70/hr - Non-Resident Recreation Center rentals during hours Gym rental - Full court Pavilion Rentals: Hourly rental (2 hour minimum)$15/hr - Resident / $35/hr - Non-Resident Parks Recreation Center building rental $80/hr - Resident / $100/hr - Non-Resident $50/hr - Resident / $70/hr - Non-Resident Activity room rental $30/hr - Resident / $50/hr - Non-Resident Meeting room rental fee: (Municipal Building located at 6303 Main Street) Youth volleyball $65 - Resident /$75 - Non-Resident Youth sports user fees $2/player/season - Admin $3/player/season - Game fields $5/player/season - Practice fields Youth flag football $80 - Resident/$90 - Non-Resident Adult softball $325/team/season Adult kickball $250/team/season 137 Five Star baseball (partial)$1,300/day - complex rental fee (5 fields) Entrance fees - public swim resident > = Age 7 Entrance fees - public swim < = Age 6 $4/4-6 hrs $3/4-6 hrs Residents Only Aerobic classes - daily Aerobic classes - monthly Picnic table reservation (public swim) Splash Zone picnic table reservation (public swim) $8/hr Aqua fit tickets 10 for $50 $70/afternoon for 2 tables (Residents Only) $90/afternoon for 2 tables (Residents Only) Residents Only Private party fees - Resident: 1 zone, 50 people Summer party rental sales promotion (residents only) Private party fees - Non-Resident: 1 zone, 50 people Residents Only Entrance fees - public swim non-resident < = Age 6 Swim lessons - lifeguard Individual pass Family pass Summer pass sales promotion $160/4 hr (non-resident $180/4 hr) $11/lane hr $15/lane hr weekday (plus staff cost on weekends) Aqua fit tickets 10 for $50 $6/4 -6 hrs $5/4-6 hrs $45/resident and $90/non-resident (+ ID card if needed) $90/resident and $180/non-resident (+ ID card if needed) 10% discount if bought before Memorial Day $240/27 hr Adult volleyball $300/team/season $5/person/season - Resident Practice rental rates - co-sponsored $10/hr for unlit / $15/hr for lit Practice rental rates - resident non-co-sponsored $15/hr for unlit / $25/hr for lit Practice rental rates - non-resident non-co-sponsored $20/hr for unlit / $30/hr for lit $20/person/season - Non-Resident Adult basketball $300/team/season Facility rentals - Usage user fee co-sponsored Athletics (con't) Five Star baseball - additional field prep $25/field/day/prep $175/field/day or $30/hr Five Star baseball $1,800/day - complex rental fee (7 fields) Five Star softball (full)$780/day - complex rental fee (3 fields) Five Star soccer (full)$1,800/day - complex rental fee (8 fields) Five Star soccer (partial)$1,560/day - complex rental fee (6 fields) Five Star league play (non co-sponsored)$35/game (no minimum) Five Star soccer (overflow)$200/field/day (baseball outfields) Practice field lit Aquatic Park Swim lessons - coach/train $35 for 1/2 hr (non-resident $40 for 1/2 hr) Non-field facility usage $250/4 hrs + $50/additional hr Athletic practice facility/field reservation change gee $5 $150/field/day or $20/hr Tournament maintenance crew $40/hr/staff member Soccer net installation $30/field Practice field unlit $230 for 4 hrs (non-resident $250) $110/4 hr (non-resident - $130/4 hr) $65/4 hr (non-resident - $85/ 4 hr) Swim lessons - private Swim lessons - semi-private Petite pavillion reservation (public swim)$110/afternoon for 2 tables (Residents Only) Swim lessons - public Swim lessons - duo - private Swim team (minimum 4 month commitment) Business & special event Entrance fees - senior adult exercise/lap swim Entrance fees - public swim non-resident = > Age 7 138 TCPARD Life Guard (number to be determined based on rental specifics) $5/hr $10/hr $5/hr $5/hr $5/hr $5/hr $5/hr $10/hr $20/hr $20/hr $20/amenity/hr $20/hr $10/hr $5/hr $20/hr $20/hr $30/hr $15/guard/hr Five Star Field Five Star Trail/Common Area/Parking Lot Stewart Creek Park Amenities Aquatic Park (per pool) Community Center - Large Room Community Center - Meeting Room TCPARD Site Supervisor for Rental TCPARD Custodial for Rental *(not always applicable) TCPARD Athletic Field Prep (if necessary) LISD Joint Use Fees Recreation Center 1/2 Gym Recreation Center Full Gym Recreation Center Activity Room Recreation Center Racquetball Court Park Pavilion Outdoor Basketball Court Outdoor Volleyball Court Practice Field $18/yr Trip reservation fee up to 50 miles $4/trip Trip reservation fee up to 100 miles $6/trip Community Center $10/yr Membership for Seniors Resident rate Non-resident rate $155 for first 3 hrs $45/hr each additional hr $140 for first 3 hrs Trip reservation fee up to 150 miles $8/trip $190 for first 3 hrs $50/hr each additional hr $175 for first 3 hrs Resident rental rates Large activity room with kitchen (200 people maximum) Large activity room without kitchen (200 people maximum) Activity room with kitchen (1/2 of large room) (100 people maximum) Activity room without kitchen (1/2 of large room) $50/hr each additional hr $205 for first 3 hrs $60/hr each additional hr $190 for first 3 hrs $55/hr each additional hr $175 for first 3 hrs $50/hr each additional hr Large activity room without kitchen (200 people maximum) Activity room with kitchen (1/2 of large room) (100 people maximum) Activity room without kitchen (1/2 of large room) (100 people maximum) Non-resident rental rates Large activity room with kitchen $240 for first 3 hrs (200 people maximum)$60/hr each additional hr $40/hr each additional hr $30/hr (100 people maximum) Small meeting (20 people maximum) 139 Pavillion rental cleanup deposit $250 Pavilion rental $150/Resident - $250/Non-Resident $50Annual Pass - Non-Resident - second car RV sites (includes entry)$35/Resident - $45/Non-Resident Tent sites (includes entry)$25/night Annual Pass - Senior Resident - first car Annual Pass - Senior Resident - second car $10 $10 Annual Pass - Senior Non-Resident - first car $40 Annual Pass - Senior Non-Resident - second car $40 Disabled Veteran (with proof)Free Annual Pass - Resident - first car $40 Annual Pass - Resident - second car $30 Annual Pass - Non-Resident - first car $75 LAKE PARKS FUND Stewart Creek Park Revenues Daily Pass - Resident $10 Daily Pass - Non-Resident $15 Pavilion rental entry 51 + cars = $10/car Basketball 1/2 court rental $15/hr Volleyball court rental $25/hr 140 SPECIAL EVENTS FUND Special Events Revenues Daddy Daughter Dance $35 $8 $7 $5Advance tickets $10 Kids Chase by the Lake $10 Salsa Shootout $10/entry Fun Zone Wristband - 4 and younger $10 early / $15 day of event $15 early / $20 day of eventFun Zone Wristband - 5 and older $8 $60 Liberty By The Lake Grown Up Games Day of event tickets Per team $5 Mother and Son Adventure Day $30 Non-residents Per couple Fun Zone Tickets $1/ticket Event parking (at SCP)$20/car Back 2 School Bash American Heroes $40 $70 VIP 1 day VIP 2 day Additional child $10 Family Fright Night $15Per person Per couple Additional child 1st child 2nd child 3rd child Spring Eggstravaganza 141 . Vegetation/Habitat Conditions using the Corps PEA Flood Elevations Excellent Vegetation/Habitat Conditions (3:1 to 6:1) Good Vegetation/Habitat Conditions (3:1 to 6:1) Poor Vegetation/Habitat Conditions (3:1 to 6:1) (522 - 528)3 x $.012 x SF 2 x $.012 x SF 1 x $.012 x SF (528 - 530.8)4 x $.012 x SF 3 x $.012 x SF 2 x $.012 x SF (530.8 - 535.2)5 x $.012 x SF 4 x $.012 x SF 3 x $.012 x SF (535.2 537)6 x $.012 x SF 5 x $.012 x SF 4 x $.012 x SF (522 - 528)3 x $.05 x SF 2 x $.05 x SF 1 x $.05 x SF (528 - 530.8)4 x $.05 x SF 3 x $.05 x SF 2 x $.05 x SF (530.8 - 535.2)5 x $.05 x SF 4 x $.05 x SF 3 x $.05 x SF (535.2 537)6 x $.05 x SF 5 x $.05 x SF 4 x $.05 x SF (522 - 528)3 x $.08 x SF 2 x $.08 x SF 1 x $.08 x SF (528 - 530.8)4 x $.08 x SF 3 x $.08 x SF 2 x $.08 x SF (530.8 - 535.2)5 x $.08 x SF 4 x $.08 x SF 3 x $.08 x SF (535.2 537)6 x $.08 x SF 5 x $.08 x SF 4 x $.08 x SF PARKS FUND Exhibit B Fee Schedule Woodlands Grasslands Savannah ≥ ≥ ≥ 142 Missed reading fee $30 $20 Same day connection fee $20 Set meter trip charge for ill-equipped area 15%Extension agreements available prior to day of disconnect. If extension agreement is failed, no further extensions for a period of 12 months. Cash/Credit/Money Order Only $1.25/transaction Penalties - late payment Delinquent accounts Online payment for Utility account $1,000 $1,300 $25 Commercial irrigation deposit Hydrant meter deposit - water NSF checks Commercial master meter surcharge $11.31/unit (after first unit) $75 or higher based on past history $150 or higher based on past history Commercial deposit water & sanitation Average of the past 12 months billings of the premises or comparable business, whichever is higher Residential deposit water & sanitation for homeowners Residential deposit water & sanitation for renters Residential deposit water & sanitation for seniors 60 and over Deposit waived - or higher based on past history UTILITY FUND Utility Fees Connect fee/application fee $20 Water service See attached water rate schedule $25 Administration fees (e.g. credit references, research on their accounts $20 $25 Transfer fees Check for leaks - allowed 3 free checks for a 6 month period, thereafter $25 each check $50 $50 Disconnect/reconnect fees Reconnect fees - after hours Disconnect fees - after hours Wastewater service See attached sewer rate schedule SRF Loan $2.92/mo $20 $4.00/mo for each account - residential $5.00/ERU/mo for each account - non-residentialDrainage utility fees Veteran and Active Duty Water and Sewer Discount Water & Sewer dollar amount reduced by 10% (enrollment required) 143 UTILITY FUND Water Rates (5% increase) 2021 - 2022 Inside City Outside City 3/4 28.23 3/4 42.36 1 40.03 1 60.03 Meter size (inches Rate Meter size (inches Rate 5/8 21.29 5/8 31.94 3 200.13 3 300.10 4 311.81 4 467.70 1 1/2 77.68 1 1/2 116.50 2 129.45 2 194.22 10 3,551.72 10 5,327.55 Commodity rate (per thousand gallons)Commodity rate (per thousand gallons) 6 701.57 6 1,052.32 8 1,578.54 8 2,367.77 25,001 - 40,000 6.42 25,001 - 40,000 9.57 40,001 and over 6.99 40,001 and over 10.49 2,001 - 15,000 4.82 2,001 - 15,000 7.23 15,001 - 25,000 6.01 15,001 - 25,000 8.99 25,001 - 40,000 7.12 25,001 - 40,000 10.28 40,001 and over 7.69 40,001 and over 11.19 Zone 5 Water Rates 2,001 - 15,000 5.52 2,001 - 15,000 7.94 15,001 - 25,000 6.71 15,001 - 25,000 9.68 2021 - 2022 Inside City Outside City Meter size (inches Rate Meter size (inches Rate Sewer Rates (5% increase) 1 33.94 1 50.91 1 1/2 56.15 1 1/2 84.23 5/8 20.62 5/8 30.94 3/4 25.04 3/4 37.61 6 598.48 6 897.71 4 233.76 4 350.67 2 82.75 2 124.18 3 144.96 3 217.44 10 3,922.10 10 5,883.11 Commodity rate (per thousand gallons)Commodity rate (per thousand gallons) 8 1,532.07 8 2,298.08 Residential (over 2,000 gal)4.34 Residential (over 2,000 gal)6.49 Commercial (over 2,000 gal)5.85 Commercial (over 2,000 gal)8.75 144 Page 1 69248 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING RESOLUTION NO. 2020-48, ADOPTION OF THE MASTER FEE SCHEDULE, AMENDING THE MASTER FEE SCHEDULE, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS ATTACHMENT “A”; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony adopted the Master Fee Schedule for Fiscal Year 2020-2021 by Resolution No. 2020-48, passed and approved on the 15th day of September 2020; and WHEREAS, the City desires to amend the 2021-2022 Master Fee Schedule, providing for new fees and fee amendments for the City; and WHEREAS, after consideration and review, the City Council finds that Resolution No. 2020-48, as amended is the new Master Fee Schedule, which is attached hereto and incorporated herein as Attachment “A,” be adopted to provide fees for the City of The Colony. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. That Resolution No. 2020-48, as amended by Attachment “A”, be incorporated as the Master Fee Schedule. Section 2. That all provisions of any resolution of the City Council of the City of The Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this resolution shall remain in full force and effect. Section 3. This Resolution shall become effective on October 1, 2021, from and after its passage, as the law and charter in such cases provide. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 7th DAY OF SEPTEMBER 2021. _____________________________ Joe McCourry, Mayor City of The Colony, Texas 145 Page 2 69248 ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _____ Jeff Moore, City Attorney 146 Agenda Item No:5.5 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: David Cranford Submitting Department: Finance Item Type: Ordinance Agenda Section: Subject: Discuss and consider approving an ordinance adopting the City of The Colony Fiscal Year Budget beginning October 1, 2021 through September 30, 2022; providing for intra and inter departmental fund transfers; providing for the investment of certain funds; providing that expenditures for said fiscal year to be made in accordance with said budget. (Miller) Suggested Action: Attachments: Preliminary budget 9-7.pdf Ord. 2021-xxxx Adopt FY21-22 Budget.doc 147 Preliminary Budget 2021/2022 Sept 7, 2021 148 TABLE OF CONTENTS City Manager’s Message ..................................................................................... 1 General Fund ....................................................................................................... 4 Parks Fund .......................................................................................................... 7 Utility Fund ........................................................................................................... 8 General Debt Service .......................................................................................... 9 Utility Tax Supported Debt ................................................................................. 10 Economic Development Corporation ................................................................. 11 Community Development Corporation ............................................................... 12 TIRZ ONE PID ................................................................................................... 13 Lake Parks Fund ................................................................................................. 14 Special Events Fund .......................................................................................... 15 Hotel/Motel Tax Fund .......................................................................................... 16 Court Security Fund ............................................................................................ 17 Court Technology Fund ...................................................................................... 18 Juvenile Cash Manager Fund ............................................................................. 19 Commercial Vehicle Fund .................................................................................. 20 Court Time Payment Fund ................................................................................. 21 Municipal Jury Fund ............................................................................................ 22 Child Safety Fund .............................................................................................. 23 Trinity North Fund .............................................................................................. 24 Cares Act Fund .................................................................................................. 25 Capital Projects Administration Fund ................................................................. 26 Storm Water Utility Fund ..................................................................................... 27 Water/Sewer Impact Fees Fund ........................................................................ 28 Citizen Donation Fund ........................................................................................ 29 Keep the Colony Beautiful Fund ........................................................................ 30 CIP ...................................................................................................................... 31 Debt Management Policies ................................................................................. 34 Financial Management Policies .......................................................................... 49 Investment Policy ................................................................................................ 63 149 Notice of 2021 Tax Year Proposed Tax Rate The governing body of the City of The Colony has proposed a tax rate of $.65 per $100 valuation for adoption. The tax rate will effectively be raised by 3% and will raise taxes for maintenance and operations on a $100,000 home by approximately $19.5. 150 Letter to Mayor and Council The Honorable Mayor and City Council, In accordance with Civil Statues of Texas and the City Charter, the annual budget, for the fiscal year October 1, 2021 through September 30, 2022, is presented for your consideration. The Budget is an important policy document because it presents in financial terms the overall plan to accomplish the City’s program of services during the upcoming fiscal year. 2021-2022 budget highlights: Ad Valorem Taxes are the City’s major revenue source. Total current Ad Valorem Taxes budgeted this year are $39,168,503 which is a $4.45 million increase from the prior year. The increase is due to an increase in the City’s tax base of about $756 million, offset by a reduction in the tax rate from 65.5 to 65 cents per $100 dollars of valuation. Approximately $141 million of the increase in tax base came from new construction, of which about $32 million was in TIRZ ONE or TWO. Of the $4.45 million increase in property taxes, $3.3 million is budgeted in the General Fund and the remaining $1.15 million in General Fund Debt Service. Sales and Mixed beverage Tax receipts budgeted at $8.45 million, is an increase of $950k or 12% above the prior year’s budget. Franchise fees were increase $15k to $2.65 million. Licenses and Building Permit Fees decreased about $240k to $1.305 million due primarily to a softening in building permits. General Fund internal service department costs allocated to other Funds are $6,846,461 as compared to prior year’s allocation of $6,346,461. The allocations to respective Funds are $5,653,630 to Utility, Parks $1,014,398, and 4A, 4B, and Capital Projects Admin Funds make up the $178,433 balance. This budget includes about $33 million in enhancements to services. Projects included are $9 million in street, alleyway, and sidewalk reconstruction. $8.3 million for new fire station, fire engine and ambulance, $3.1 million in parks and trails, $3 million for water esthetics improvements, $2 million wastewater treatment plant expansion, $2 million is various utility projects, and $6 million in various building renovations, vehicle, and equipment replacements. Also included in this budget and supported by operating revenues are employee additions costing a little over $2 million. Included in the position additions are 6 Firefighters Paramedics, 4 Police officers and a lieutenant, Kennel Technician, Water Production operator, Maintenance Operator Crew Leader, and a crew of four for street repair. Event Specialist was also made full time. The budget also includes blended COLA raises of 2.5% and a 10% increase in health care, costing a little over $1.4. Both employee additions and raises/health care increases are supported by operating revenues. 1 of 74 151 Ending Fund balance in the General Fund is maintained at 80 operating days in reserves. 60 operating days are maintained in Utility and Parks Funds. Economic incentives have been budgeted in the Economic Development (Type A) Fund to promote new enterprises and to retain existing business. To assure a quality community, cultural and leisure activities, and park improvements, funding has been provided in Special Events, Lake Parks, and CDC (Type B) budgets. The total adopted operating budget is $87,982,336, excluding transfers out, a 3% increase from the 21-22 total operating budget. Economic Development The Nebraska Furniture Mart TIRZ was established November 2011 for a 433-acre $1.5 billion Grandscape development. The Nebraska Furniture Mart store, the anchor store of the development, opened in early March 2015. In June 2020, Scheels opened the largest sporting goods store in the world offering 85 specialty shops. Numerous restaurants and a hotel have also located in the Zone. On the north side of SH121, in The Colony and across from Grandscape, Rooms To Go, Mattress Firm, and Floor and Décor have opened. Other new commercial development on the north side of SH121 in The Colony include Topgolf, numerous hotels, a medical office building, couple of shopping centers, and several restaurants and other businesses. Business activity has brought numerous jobs to the City. The Nebraska Furniture Mart store itself employs around 1,800 people. The widening of FM 423 (Main Street) to a 6 and 8 lane divided street was completed in late 2017 and has significantly increased redevelopment along this vital corridor. The Tribute, the only remaining sizeable residential development in The Colony, continues to increase the number of buildable lots. Housing permits have remained strong the past couple of years and are expected to do so for the next several years. Quality of Life The City values quality of life for all its residents. The City continues to fund the Library, Parks, and Recreation Departments operating budgets to assure quality community programs. Beautification, landscaping, and park improvements are also included in the budget to enhance the City’s image. The City’s emphasis on opportunities for quality recreational programs and facilities led to The Colony being designated as a “Playful City USA” - one of only 9 cities in Texas and 151 across the country to receive this honor. The City has also been recognized by Money Magazine as one of the top 20 places to live in the nation. Future The City Council and management team want to keep the items below on its radar. • City Council has expressed a desire to continually reduce the property tax rate. • CDC will continue to provide for Five Star maintenance. 2 of 74 152 • Fire station #4 in Austin Ranch, was completed and staffed in 2019. Design is expected to be finished this year for fire station #5 in the Tribute. The Two TIFs will provide a significant amount of funding for each of the stations, but the City will be responsible for the apparatus, equipment, and personnel costs at both stations. • There are many drainage issues throughout the City. The drainage fee on the utility bills was increased in 2020 to help cover drainage projects. Strategic Plans The budget process provides a road map for short-term and long-term needs and aids in the allocation of limited resources to prioritized services and needs. Each year a Capital Improvement Program is developed which helps gauge future funding priorities and is the foundation on which annual budgets are built. Capital needs are projected for each of the five following years to identify service needs and financing available. Staff helps Council with the challenge of prioritizing and providing efficient and effective services to the community with current and future available funds. As a combined effort, the City Manager’s Office, Finance Director, and all departments monitor revenues and expenditures throughout the year. Appropriate actions are taken to control expenditures, and to make adjustments when revenues fall short of expectations. Conclusions The 2021-2022 budget has been prepared with the assistance of devoted and dedicated employees who stand ready to accomplish the goals outlined and adopted by the City Council. Under the prudent leadership of the City Council, we commit our best efforts to ensure that the needs of our citizens are met and exceeded! Troy Powell, City Manager 3 of 74 153 2018-2019 2019-2020 2020-2021 2021-2022 Actual Actual Budget Budget Current Property Taxes 23,395,083 25,742,944 26,103,825 29,527,026 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 29,687,026 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 40,787,026 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 4 of 74 154 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 44,319,526 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 45,023,538 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 5 of 74 155 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 2,065,068 Raises/Health Care - - 1,414,942 1,400,000 CIP Debt and Cash Items - - 1,570,000 3,165,000 TOTAL EXPENDITURES 42,395,827 - 38,674,206 48,292,983 54,247,798 Transfer - CVB 115,000 115,000 115,000 115,000 Transfer - Special Events 40,000 40,000 40,000 345,000 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 90,000 Transfer - G.F. Special Cap 450,000 2,441,970 - - TOTAL TRANSFER OUT 3,519,000 5,663,793 3,006,823 3,506,823 45,914,827 44,337,999 51,299,806 57,754,621 OH COST ALLOCATION (3,945,663) (6,346,469) (6,346,461) (6,691,461) 13,272,630 14,483,981 17,922,322 16,525,818 1,211,351 3,438,341 (1,396,504) (6,039,623) 14,483,981 17,922,322 16,525,818 10,486,195 14,483,981 17,922,322 16,525,818 10,486,195 126 172 134 80 BEGINNING FUND BALANCE EXPENDITURES TRANSFER OUT TOTAL EXPENDITURES & TRANSFERS EXCESS/(DEFICIENCY) ENDING FUND BALANCE UNRESERVED FUND BALANCE Working Days in Fund Balance 6 of 74 156 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 7 of 74 157 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 2,705,425 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 12,295,090 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 18,295,090 OH COST 2,593,752 4,994,365 5,153,630 5,498,630 6,826,291 8,239,992 7,874,790 5,222,777 1,413,701 (365,202) (2,652,013) (1,336,879) 8,239,992 7,874,790 5,222,777 3,885,898 165 138 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 8 of 74 158 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 9 of 74 159 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 10 of 74 160 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 11 of 74 161 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 - 3,128,340 2,361,471 423,292 518,105 3,666,422 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 4,162,820 OH COST 35,690 35,690 35,690 35,692 560,973 (291,762) 2,599,269 (194,512) 2,402,565 2,963,538 2,671,776 5,271,045 2,963,538 2,671,776 5,271,045 5,076,533 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 12 of 74 162 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) 13 of 74 163 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 14 of 74 164 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 40,000 345,000 350,000 450,000 450,000 200,000 390,000 490,000 490,000 545,000 TOTAL REVENUES & TRANSFERS 452,644 531,230 552,000 607,000 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 15,000 Lakeside Community Theatre 12,000 12,000 12,000 12,000 Metro Relief 8,204 - - - TOTAL EXPENDITURES 507,058 447,227 554,995 570,131 OH COST 35,688 35,688 35,670 35,670 (90,102) 48,315 (38,665) 1,199 82,708 (7,394) 40,921 2,256 (7,394) 40,921 2,256 3,455 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 15 of 74 165 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 16 of 74 166 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 17 of 74 167 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 18 of 74 168 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 19 of 74 169 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 20 of 74 170 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 21 of 74 171 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 22 of 74 172 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 23 of 74 173 2018-2019 2019-2020 2020-2021 2021-2022 Actual Actual Budget Budget REVENUES Rent 85,415 261,265 211,075 33,650 Transfer In General Fu - 20,000 90,000 TOTAL REVENUES 85,415 261,265 231,075 123,650 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 (25,350) - 20,300 21,503 33,219 20,300 21,503 33,219 7,869 ENDING FUND BALAN TRINITY NORTH Revenue & Expenditure Projections Fiscal Year 2021-2022 EXCESS (DEFICIENCY BEGINNING FUND BA 24 of 74 174 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 25 of 74 175 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 26 of 74 176 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 27 of 74 177 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 28 of 74 178 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 29 of 74 179 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) 30 of 74 180 No.Amount Description 1 41,000 Replace 2010 Ford Ranger 2 125,000 Vehicle for new Signal Tech 3 40,000 Replace 2005 Dodge Ram (#200) 4 150,000 Replace BC1 w/Incident Command/ALS Capable Vehicle 5 70,000 Replace Asst. FM 2008 Chevrolet Colorado 6 35,000 Dodge ProMaster Passenger Van - Training 7 320,000 Replace 5 marked Explorer w/120,000+ miles 8 65,000 Super Cab Truck w/storage for irrigation tools. Replace 2007 Chevrolet 3500 van (#504). To be used by landscape crew. 9 15,000 Replace trailer (#563E) totaled in an accident in 2020 and not replaced. Originally purchased in the General Fund. 10 65,000 F350 to replace vehicle #6107 11 75,000 F350 to replace vehicle #6110 (Valve Truck) 12 35,000 Replace vehicle #6106 13 34,700 Replace vehicle #6131 with new Transit Van 14 36,590 New 1/4 ton pickup for new operator position 15 35,000 1/2 ton truck w/toolbox & led light bar (replace #360) 16 35,000 1/2 ton truck w/toolbox & led light bar for Senior lead maintenance worker 17 960,000 Fire engine (paid by TIRZ #2) 18 350,000 New Ambulance - Replace 2008 reserve unit with 2015 current unit, new ablulance to replace 2015 unit 19 350,000 Add Ram 4-door Rescue Body w/same specification vehicle - Current 2018 to be used as reserve/backup 20 190,000 Taser replacement end of life - update CQB taser 21 165,000 Tandem axle dump truck 16 yd 22 150,000 John Deere (410G) replace backhoe #6113 23 16,375 16 x 32 Temperature controlled bldg to store Tool Lending equipment and supplies 24 8,000 A/C service unit for new refrigerant a/c systems 25 45,000 Laserfiche Records Mgmt Module (approved in 2020 Budget but not purchased before COVID) 26 27,000 Bamboo HRIS software - Recruiting/Onboarding/ HRIS system (first year includes $8,000 implementation cost) 27 20,000 Industrial 30 lb washer and 50 lb dryer 28 22,000 Cat kennels for shelter 29 164,556 Debribrillator/AED/Stretcher City-wide lease & service plan (FD, PD & COTC equipment) 30 35,000 Rehab/Update FH 1, 2, & 3 and new installation to FH #4 plymovent Vehicle Exhaust Ventilation System. Partial grant funding 31 400,000 Improvement/Expansion Fire Training Facility 32 25,000 Replace landscaping on medians and @ city facilities 33 60,000 Upgrades for Wachs Valve machine 34 25,000 Small equipment (concrete saws, plate compactors, pumps, chain saws) 35 7,000 Update mobile visitor center wrap 36 12,000 Visitor guide redesign and print 37 10,000 Customer Relationship Management Software (CRM) 38 115,000 Storage server infrastructure replacement 39 35,000 Host server infrastructure replacements 40 1,700 AutoCAD license renewal 41 6,000 Badging printer and software - end of life 42 55,000 Add women's shower room and expand day room by removing office wall (Fire Station #2) 43 15,000 Paint Fire Station #3 apparatus bay ceiling sky blue 44 30,000 Cover over the gas pumps at Fleet and the filling area on the south side 45 45,000 Animal Control remodel 46 235,000 New roof for Police Headquarters 47 20,000 Construct new trash dumpster for Community Center 48 7,000,000 Construction of Fire Station #5 (TIRZ) 49 250,000 HVAC upgrades to Trinity North 50 40,000 Rec center refresh, Phase II (door replacement, classroom remodel) 51 40,000 Counter top replacement at Community Center 52 10,000 Athletics equipment replacement (vb poles, portable scoreboard, etc.) 53 88,620 Utility service maintenance program, alternate funding: 400K gal. water storage tank liner rehab Clover Valley Station 54 35,000 Repave parking, driveway, to include drainage improvement at Legends water tower 55 190,000 Wynnwood 1 million gallon water tank exterior painting pump station building, hydro tank and generator enclosure. Office Creek exterior painting, paint generator & pump piping 56 121,504 Utility service maintenance program, alternate funding: interior 1 MG water storage tank liner rehab Clover Valley Station 57 30,000 Parking lot maintenance for City lots - restriping 58 4,052,000 Residential concrete street reconstruction - Construction Cost (Phase 11) 59 310,000 Residential concrete street reconstruction - design services - Ballard, Alta Oaks, and Runyon 60 3,500,000 Residential concrete street contruction - Ballard Trail, Alta Oaks Court and Runyon Drive 61 70,000 Resurface asphalt streets - design services 62 200,000 General Sidewalk Repair 63 800,000 General Alleyway/Street Repair 64 50,000 Update Engineering design manual 65 30,000 Street lights - Citizens Request (operations) 66 50,000 Street lights - South Colony 67 36,000 Squires culvert cleaning (SW Utility funding) 68 100,000 Erosion control/bank stabilization - alley along Taylor Channel (SW Utility Funding) 69 25,000 School zone flasher replacements/upgrades GENERAL FUND CIP PROJECTS 2021 - 2022 31 of 74 181 No.Amount Description GENERAL FUND CIP PROJECTS 2021 - 2022 70 150,000 Replace/upgrade traffic light controllers, cameras, and preemption 71 100,000 ITS communication equipment on FM 423 72 200,000 Tribute water ponding - City portion - HOA will match this amount 73 400,000 Miscellaneous drainage and erosion control projects (SW Utility Funding) 74 50,000 DDI bridge corner protection - design service 75 200,000 Pavement marking maintenance for streets and thoroughfares - requested by Council 76 600,000 Squires - replace 3000 lf of 8" ductile iron water line by Pipe Bursting 77 50,000 Add 200 lf of Dead end 8" waterline connection from Vanden Street to Taylor Street 78 120,000 Add casing to 350 lf of 8" sanitary sewer line in creek - Office Creek and FM 423 79 400,000 Replace 450 lf of 24" cast iron sanitary sewer pipe at Reagan Place - includes aerial crossing 80 75,000 Manhole rehab (lining inside) 81 120,000 Lining sewer mains that run between houses 82 2,000,000 Wastewater Treatment Plant Expansion Phase IIB (A&B Trains) - Design 83 3,000,000 Water esthetics improvements and auto flush valves for treatment facilities and distribution system 84 350,000 Trinity Well #4 - pumping equipment maintenance - pull and service water well pumping equipment 85 144,000 Groundwater aerator tower water inlet PVC tubes with basin replacements on three units 29,764,045 TOTAL CIP REQUESTS 7,960,000 Less: TIRZ #2 Funded Projects 21,804,045 Total General Fund CIP Projects 32 of 74 182 SUB‐CATEGORY 2022 GENERAL DESCRIPTION Administration 180,000 Early principal bond payment ‐ Debt Service Balance payoff: Hawaiian Falls parking lot (31% of bond) Administration 1,000,000 New Recreation Center building fund ‐ balance with FY 2022/2023 funds: $1,400,000 1,180,000 Sub‐Total Vehicles & Equip 25,000 Zero Turn mower with 72" deck for smaller fields/parks. Replacement for 2013 Toro mower (#553E) 27,000 Toro Infield Groomer ‐ Sand Pro 5040 NEW needed due to influx of new tournaments 30,000 Ventrac 4500 with attachments ‐ 1/2 Split with Lake Parks Fund 38,000 Kubota M Series Utility Tractor with Loader. Replacement for 2003 Kubota Tractor (#549E) original equipment for Five Star 45,000 Zero Turn mower with 100" deck for larger fields/parks. Replacement for 2014 Hustler mower (#554E) 50,000 Vehicle replacement (#555) F250 Super Duty Extended Cab for Parks Crew to replaced wrecked vehicle 215,000 Sub‐Total Aquatic Park 4,300 Additional Security Cameras (Aquatics ‐Grand Pavilion, Parking Lot, Sales Counter) 6,000 Lagoon Skimmer Replacements and Repairs 7,200 Replace Portable Vacuum System 9,800 Replace picinic tables, lounge chairs and trash cans 10,980 ADA Pool Lift for Outdoor Pool 28,060 Splash Zone Repairs (decks, steps, exit pad) 66,340 Sub‐Total Parks & Trails 40,000 Cascades/Grandscape Underpass Trail Lighting 50,000 Image Enhancements ‐ Trees and Irrigation in various locations 100,000 Five Star Maintance Yard Expansion 162,000 Aquatic Park Trail Connection 200,000 Five Star Playgrounds ‐ Replace 2 existing playground structures 240,000 North Colony Blvd Pedstrian Hybrid Beacon 875,000 Kids Colony Splash Park Phase 2 ‐ Parking Lot; Restroom; Adult Exercise Equipment; Enhanced Spray Features 1,667,000 Sub‐Total 3,128,340 TOTAL CDC CIP REQUESTS COMMUNITY DEVELOPMENT COMPREHENSIVE IMPROVEMENT PLAN SUMMARY BUDGET YEAR 2021/2022 33 of 74 183 CITY OF THE COLONY DEBT MANAGEMENT POLICIES September 7th, 2021 Prepared by the Finance Department Confirmed by the City Council on September 7th, 2021 34 of 74 184 DEBT MANAGEMENT POLICIES Table of Contents Page No. I. Purpose Statement 1 II. Responsibility 1 A. Bond Counsel Involvement 2 B. Financial Advisor Involvement III. Short Term Debt 2 A. General B. Commercial Paper C. Line of Credit IV. Long Term Debt 2 A. General 2 B. Bonds 3 C. Certificates of Obligation D. Public Property Finance Contractual Obligation E. Anticipation Notes 4 F. Negotiated versus Competitive Sale versus Private Placement G. Bidding Parameters 5 H. Bond Elections V. Refunding 5 VI. Capital Leasing 6 VII. Other Types of Financing 6 VIII. Ratios and Reserves 6 IX. Official Statement 7 A. Responsibility B. Timing C. Auditor’s Involvement 8 D. Printing X. Ratings 8 35 of 74 185 DEBT MANAGEMENT POLICIES Table of Contents Page No. XI. Credit Enhancements 9 XII. Secondary Market Disclosure 9 XIII. Arbitrage Liability Management 10 A. General B. Responsibility C. Internal Interim Financing 11 D. Spend-Out Exceptions For Federal Rebate XIV. Modification to Policies 12 36 of 74 186 I. PURPOSE The Debt Management Policies set forth comprehensive guidelines for the financing of capital expenditures. It is the objective of the policies that: 1. The City obtains financing only when necessary. 2. The process for identifying the timing and amount of debt or other financing is as efficient as possible. 3. The most favorable interest rates and lowest costs of issuance are obtained. 4. The City strives to maintain flexibility for future debt issuances. II. RESPONSIBILITY The primary responsibility for developing financing recommendations rests with the City Manager. In developing the recommendations, the City Manager shall be assisted by the Assistant City Manager and the Finance Director and their responsibilities shall be to: 1. Meet periodically to consider the need for financing and assess progress on the Capital Improvement Program. 2. Meet as necessary in preparation for financing. 3. Review changes in state and federal legislation. 4. Review annually the provisions of ordinances authorizing issuance of obligations. 5. Annually review services provided by the Financial Advisor, Bond Counsel, Paying Agent and other service providers to evaluate the extent and effectiveness of services provided. Every February, under the direction of the Assistant City Manager, Departments will submit Capital Projects for the Capital Improvement Program. The report shall be prepared by the Finance Director and be based in part on information from the department directors in the City and shall include a projection of near term financing needs compared to available resources, an analysis of the impact of contemplated financings on the property tax rate and user charges, and a financing recommendation. In developing financing recommendations, city management shall consider the following: 1. The amount of time proceeds of obligations are expected to remain on hand and the related carrying cost. 2. The options for interim financing including short term and interfund borrowing, taking into consideration federal and state reimbursement regulations. 3. The effect of proposed action on the tax rate and user charges. 4. Trends in interest rates. 5. Other factors as appropriate. 37 of 74 187 A. Bond Counsel Involvement The Bond Counsel will issue an opinion as to the legality and tax-exempt status of any obligations. The City will also seek the advice of Bond Counsel on all other types of financings and on any other questions involving federal tax or arbitrage law. The Bond Counsel is also responsible for the preparation of the ordinance authorizing issuance of obligations, and all of the closing documents to complete their sale and delivery, and will perform other services as defined by the contract approved by the City Council. B. Financial Advisor Involvement The City will seek the advice of the Financial Advisor when necessary. The Financial Advisor will advise on the structuring of obligations to be issued, informs the City of various options, advise the City as to how choices will impact the marketability of City obligations and will provide other services as defined by contract approved by the City Council. Financial Advisor will be able to bid on any City competitive debt issues if approval is given by the City. The Financial Advisor will inform the City Manager of significant issues. III. SHORT TERM DEBT A. General When appropriate, the city may consider short-term obligations. Some forms of short-term obligations can be obtained quicker than long-term obligations and thus can be used in emergencies until long-term financing can be obtained. In some cases when the amount of financing required in the immediate future is relatively small, it may be cheaper for the City to issue a small amount of short- term obligations to provide for its immediate needs, than to issue a larger amount of long-term obligations to provide financing for both immediate, and future needs when the carrying costs of issuing obligations, which are not immediately needed are taken into account. The amount of short-term obligations due to mature in a year shall not exceed 5% of the aggregate principal amount of outstanding long-term debt. IV. LONG TERM DEBT A. General Long-term obligations will not be used for operating purposes, and the life of the obligations will not exceed the useful life of the projects financed. 38 of 74 188 A resolution of intent to issue bonds or other debt obligations authorizing staff to proceed with preparations shall be presented for the consideration of the City Council when capital projects are identified. This provision may be waived in the event of emergencies or other good cause. Debt service structure will approximate level debt service unless operational matters dictate otherwise. The cost of issuance of private activity bonds is usually higher than for governmental purpose bonds. Consequently, private activity bonds will be issued only when they will economically benefit the City. The cost of taxable debt is higher than the cost of tax-exempt debt. However, the issuance of taxable debt is mandated in some circumstances, and may allow valuable flexibility in subsequent contracts with users or managers of the improvement constructed with the bond proceeds. Therefore, the City will usually issue obligations tax-exempt, but may occasionally issue taxable obligations. B. Bonds Long-term general obligation or revenue bonds may be issued to finance significant capital improvements. If required by state law or charter, an election will be held to authorize such obligations. Bonds will have a maximum repayment term of 25 years or less. When cost/beneficial, and when permitted under applicable ordinances, the City may consider the use of surety bonds, lines of credit, or similar instruments to satisfy reserve requirements. C. Certificates of Obligation Certificates of Obligation may be issued to finance permanent improvements, land acquisition, and other public purposes. The life of certificates of obligation issued to finance equipment shall match to the extent possible the useful life of the equipment, which is usually three to five years. Certificate of Obligations will be secured by a tax pledge and/or a revenue pledge, as required by law and as determined to be in the best interest of the City. Some revenues are restricted as to the uses for which they may be pledged. Water and wastewater revenues may be pledged without limit. D. Public Property Finance Contractual Obligation Public property finance contractual obligations may be issued to finance the acquisition of personal property. The life of the contractual obligations issued to finance personal property shall match the useful life of the personal property. 39 of 74 189 E. Anticipation Notes Anticipation Notes may be used to finance projects or acquisition that could also be financed with Certificates of Obligation. Anticipation Notes may be secured and repaid by a pledge of revenue, taxes, a combination of revenue and taxes or the proceeds of a future debt issue. Anticipation Notes are authorized by an ordinance adopted by the City. Anticipation Notes have several restrictions, which include: 1. Anticipation Notes issued for general purposes must mature before the seventh anniversary of the date the Attorney General approves the issue. 2. A governing body may not issue Anticipation Notes that are payable from bond proceeds unless the proposition authorizing the issuance of the bonds has already been approved by the voters and the proposition states that anticipation notes may be issued. F. Negotiated versus Competitive Sale versus Private Placement When feasible and economical, obligations shall be issued by competitive sale rather than negotiated sale. A sale may be negotiated when the issue is predominantly a refunding issue or in other non-routine situations, which require more flexibility than a competitive sale allows. In addition, market volatility may necessitate a negotiated sale. Whenever the option exists to offer an issue either for competitive sale or for negotiated sale, analysis of the options shall be performed to aid in the decision making process. When a sale is not competitively bid, the City will participate with the Financial Advisor in the selection of the underwriter or direct purchaser. The criteria used to select a winning bidder in a competitive sale shall be the true interest cost. In a negotiated sale, the underwriter may be selected through a request for proposals (RFP). The criteria used to select an underwriter in a negotiated sale should include the following: 1. Overall experience 2. Marketing philosophy 3. Capability 4. Previous experience with the City as managing or co-managing underwriter 5. Financial Statement 6. Public Finance team and resources 7. Breakdown of underwriter’s discount a. Management fee – compensation to the underwriter for their work in structuring the issue. b. Underwriting fee – compensation to the underwriter for using their capital to underwrite the bonds. 40 of 74 190 c. Average takedown – the portion of the underwriter’s discount used to pay the sales force. d. Expenses – administrative costs such as underwriter’s counsel and administrative fees. In a negotiated underwriting, the sale will be, to the extent appropriate, negotiated with a consortium of underwriting firms, to preserve some of the benefits of competition. When cost/beneficial, the City may privately place its debt. Since no underwriter participates in a private placement, it may result in lower cost of issuance. Private placement is sometimes an option for small issues. The opportunity may be identified by the Financial Advisor. G. Bidding Parameters The notice of sale will be carefully constructed to ensure the best possible bid for the City, in light of existing market conditions and other prevailing factors. Parameters to be examined include: 1. Limits between lowest and highest coupons 2. Coupon requirements relative to the yield curve 3. Method of underwriter compensation, discount or premium coupons 4. Use of true interest cost (TIC) versus net interest cost (NIC) 5. Use of bond insurance 6. Deep discount bonds 7. Variable rate bonds 8. Call provisions H. Bond Elections Before a bond election, the City Manager and City Councilmembers will be provided with competent debt capacity analyses, tax and user fee impact projections and other information as directed by the City Manager’s Office. The Bond Counsel and Financial Advisor will provide support during the process. V. REFUNDING The City shall consider refunding debt whenever an analysis indicates the potential for present value savings or the city’s needs to restructure its debt payments. As a general rule, private activity bonds may be refunded in a current refunding only. 41 of 74 191 VI. CAPITAL LEASING Capital leasing is an option for the acquisition of a piece or package of equipment costing less than $1,000,000. Leasing shall not be considered when funds are on hand for the acquisition unless the interest expense associated with the lease is less than the interest that can be earned by investing the funds on hand or when other factors such as budget constraints or vendor responsiveness override the economic consideration. Whenever a lease is arranged with a private sector entity, a tax-exempt rate shall be sought. Whenever a lease is arranged with a government or other tax-exempt entity, the City shall strive to obtain an explicitly defined taxable rate so that the lease will not be counted in the City’s total annual borrowings subject to arbitrage rebate. The lease agreements shall permit the City to refinance the lease at no more than reasonable cost should the City decide to do so. A lease, which can be called at will, is preferable to one, which can merely be accelerated. Since the market for lease financings is relatively inefficient, the interest rates available at any one time may vary widely. Therefore, the City shall attempt to obtain at least three competitive proposals for any major lease financing. The net present value of competitive bids shall be compared; taking into account whether payments are in advance or in arrears, and how frequently, payments are made. The purchase price of equipment shall be competitively bid as well as the financing cost. The advice of the City’s Bond Counsel shall be sought in any leasing arrangement and when federal tax forms 8038 are prepared to ensure that all federal tax laws are obeyed. The City may consider issuing certificates of participation to finance a very large project. Care should be taken because financing costs may be greater than for other types of financing. When possible, the lease agreement will be backed with a tax pledge. If the City is obligated to make payment, more than a year in the future then the agreement will probably be considered debt by the State. However, if the payments are subject to annual appropriation by the City Council, then they may not. VII. OTHER TYPES OF FINANCING From time to time, other types of financing may become available. Examples of these options are debt pools with other entities and low-interest loans from State Agencies such as the Texas Water Development Board. The Finance Director will prepare a written analysis of an option, with the advice of the City’s Bond Counsel and Financial Advisor. VIII. RATIOS AND RESERVES The portion of the City’s property tax levied for debt service shall not exceed 40% of the total tax rate levied each year even though the Texas Attorney General’s Office, in its 42 of 74 192 review of bonds or other obligations secured by Ad Valorem Taxes, generally imposes a limit of $1.50 for debt service for cities with a $2.50 maximum tax rate. However, the City is obligated to levy an Ad Valorem Tax sufficient to provide for the timely payments of its debt obligations secured by Ad Valorem Taxes. The City will maintain net revenues equaling to at least 1.10 times the maximum annual principal and interest requirement and 1.25 times the average annual principal and interest requirements of all parity bonds outstanding in the Water and Wastewater Fund. For water and sewer, and other types of revenue bonds, the bond documents will designate the reserve fund amount if a reserve fund is to be established. When revenue supported debt is issued, a debt service reserve or similar alternative may be established. The requirements for and source of the reserve will be determined on a case-by-case basis. IX. OFFICIAL STATEMENT The Official Statement is the disclosure document prepared by or on behalf of the City for an offering of securities. A. Responsibility The preparation of the Official Statement is the responsibility of the Finance Director with the help of the Financial Advisor. Information for the Official Statement is gathered from departments/divisions throughout the City. B. Timing The Finance Director will begin assembling the information needed to update the Official Statement before the offering of debt. Audited financial statement information is expected in March. As soon as it is available, audited financial statement information and capital budget information will be incorporated. If the next anticipated bond sale is expected to be more than twelve months after fiscal year end, then the prior year’s audited financial statement information may be updated using unaudited figures. The Financial Advisor shall begin preparing the Official Statement at least eight weeks prior to an anticipated bond issuance. Subsequent timing will generally be as follows: 1. The first draft of the preliminary Official Statement takes approximately 2 weeks to create. 2. Copies of the first draft are provided to the City’s Bond Counsel and City Staff, who will review it for 2 weeks. In the case of a negotiated sale, the underwriter’s counsel will also be asked for comments. 43 of 74 193 3. Comments from reviewers should be submitted during the two-week review period. About 1 week will be required to make the requested changes. After they have been made, the Official Statement is either sent to print or subjected to a second review. 4. During the printing process or the second review, a copy of the draft Official Statement is sent to the rating agencies for their review. 5. The preliminary Official Statement should be completed and mailed or electronically distributed to underwriters 2 weeks prior to the bond sale date. The preliminary document will be titled “preliminary” with red printed disclosure language and will be called a “red herring”. 6. After interest rates have been accepted by the City Council, the final Official Statement must be prepared and distributed to the underwriter within seven business days of the date of sale. C. Auditor’s Involvement The City will include a review of its Official Statement in the contract for services with its external auditor if required. D. Printing The Financial Advisor may print the Official Statement for the City. X. RATINGS The City’s goal is to maintain or improve its bond ratings. To that end, prudent financial management policies will be adhered to in all areas. Full disclosure of operations will be made to the bond rating agencies. The City staff, with the assistance of the Financial Advisor and Bond Counsel, will prepare the necessary materials for presentation to the rating agencies. The City may choose to use Fitch Ratings, Moody’s or Standard and Poor’s. The City shall maintain a line of communications with those rating agencies (Moody’s, Standard and Poor’s, or Fitch), informing them of major financial events in the City as they occur. The Comprehensive Annual Financial Report shall be distributed to the rating agencies after it has been accepted by the City Council. The rating agencies will also be notified either by telephone or through written correspondence when the City begins preparation for a debt issuance. After the initial contact, a formal ratings application will be prepared and sent along with the draft of the Official Statement relating to the bond sale to the rating agencies. This application and related documentation should be sent several weeks prior to the bond sale to give the rating agencies sufficient time to perform their review. 44 of 74 194 A personal meeting with representatives of the rating agencies will be scheduled every few years or whenever a major project is initiated. XI. CREDIT ENHANCEMENTS Credit enhancements are mechanisms that guarantee principal and interest payments. They include bond insurance and a line or letter of credit. Credit enhancement will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. During debt issuance planning, the Financial Advisor will advise the City whether or not a credit enhancement is cost effective under the circumstances and what type of credit enhancement, if any, should be purchased. In a negotiated sale, bids will be taken during the period prior to the pricing of the sale. In a competitive sale, the bidder may purchase bond insurance if the issue qualifies for bond insurance. XII. SECONDARY MARKET DISCLOSURE SEC 15c2-12 regulations became effective July 3, 1995. The new regulation requires municipal debt issuers to provide specified financial and operating information for fiscal years beginning on January 1, 1996, or later. The information provided should mirror the information provided in an official statement at the time of a primary offering. The annual financial information is to be sent to all Nationally Recognized Municipal Information Depositories (NRMSIRs) designated by the SEC. Additionally, issuers must notify the State Information Depositories (SIDs) if one exists. In addition to the financial and operating information, any material event must be provided to all NRMSIRs, Municipal Securities Rulemaking Board (MSRB) and to the state SID’s. Municipal debt issuers will be obligated to provide ongoing disclosure on the status of the following material events: 1. Principal and interest payment delinquencies 2. Non-payment-related defaults 3. Unscheduled draws on reserves 4. Unscheduled draws on credit enhancements 5. Substitution of credit or liquidity providers, or the failure to perform 6. Adverse tax opinions or events affecting the tax-exempt status of the security 7. Modifications to rights of security holders 8. Bond calls 9. Defeasances 10. Matters affecting collateral 11. Rating changes The Finance Director will be designated “Compliance Officer” for disclosure requirements. Levels of reporting will include: 45 of 74 195 1. Notification by certified mail to NRMSIRs, and SID’s of material events, with copies to the City Council 2. Copies of CAFR and updated tables from the Official Statement to NRMSIRs and SIDs within six months of fiscal year end. XIII. ARBITRAGE LIABILITY MANAGEMENT It is the City’s policy to minimize the cost of arbitrage rebate and yield restrictions while strictly complying with the law. A. General Federal arbitrage legislation is intended to discourage entities from issuing tax- exempt obligations unnecessarily. In compliance with the spirit of this legislation, the City will not issue obligations except for identifiable projects with very good prospects of timely initiation. Obligations will be issued as closely in time as feasible to the time contracts are expected to be awarded so that they will be spent quickly. B. Responsibility Because of the complexity of arbitrage rebate regulations and the severity of non- compliance penalties, the advice of Bond Counsel and other qualified experts will be sought whenever questions about arbitrage rebate regulations arise. The City contracts outside consultants for arbitrage rebate services. The Accounting Manager will be responsible for identifying the amount of unspent debt proceeds including interest which is on hand and will be responsible for ensuring that, to the extent feasible, the oldest proceeds on hand are spent first. The consultants will maintain a system for computing and tracking the arbitrage rebate liability. The consultants will notify the City within 60 days of year-end of the amount of accrued liability. The consultants will also be responsible for notifying the City two months in advance of when a rebate of excess arbitrage earnings is due to the Internal Revenue Service. The City’s Bond Counsel and Financial Advisor may be requested to review in advance any arbitrage rebate payments and forms sent to the Internal Revenue Service. The expenditure of obligation proceeds will be tracked in the financial accounting system by type of issue. Investments will be pooled for financial accounting purposes and may, at the discretion of the Finance Director, be pooled for investment purposes. When investments of bond proceeds are co-mingled with other investments, the City shall adhere to the Internal Revenue Service rules on accounting allocations. 46 of 74 196 Arbitrage rebate costs shall be charged as negative interest revenue to the funds in which the related obligation proceeds were originally deposited. C. Internal Interim Financing In order to defer the issuance of obligations, when sufficient non-restricted reserve funds are on hand, consideration shall be given to appropriating them to provide interim financing for large construction contracts or parts of contracts. When the appropriations are subsequently re-financed with proceeds of obligations or other resources, the non-restricted reserve funds shall be repaid. When expenditures are reimbursed from debt issuances, applicable state law and the Internal Revenue Service rules on reimbursements will be complied with so that the reimbursements may be considered expenditures for arbitrage purposes. Requirements are in general: 1. The City shall declare its intention to reimburse expenditure with debt proceeds before paying the expenditure, and will exclude cost of issuance. 2. Reimbursement bonds must be issued and the reimbursement made within eighteen months after the expenditure was made or the property financed by the expenditure was placed in service, whichever is later. 3. The expenditure to be reimbursed must be a capital expenditure. D. Spend-Out Exceptions For Federal Rebate Ar bitrage rebate regulations provide certain spending exceptions to the imposition of Federal rebate obligations. One such safe harbor applies to obligations issued for construction if certain rules are adhered to and the proceeds are spent within two years. Other such exceptions apply to expenditures of proceeds within 6 months or eighteen months. These options should be considered when circumstances indicate the City will with certainty be successful in achieving a spend-out goal. Such circumstances may include, but are not limited to the following: 1. Obligations are issued to finance a variety of small construction projects, not large projects that might be unexpectedly delayed after the issuance. In addition, project management understands the requirements and is firmly committed to achieving the spend-out goal. 2. Obligations are issued for a single, large high priority project with a relatively short construction period and there is a high level of commitment to speedy completion. When the two-year spend-out option is elected, debt will be issued for an estimated one year of expenditures to provide for unexpected delays of up to a year without incurring penalties. 47 of 74 197 The exercise of the spend-out options will always be coordinated with Bond Counsel and the Financial Advisor. The city shall coordinate with Bond Counsel and the Financial Advisor regarding the proper elections to be made in connection therewith. XIV. MODIFICATIONS TO POLICIES Management staff will review these policies annually and significant changes may be made with the approval of the City Manager. Significant policy changes will be presented to the City Council for confirmation. 48 of 74 198 CITY OF THE COLONY FINANCIAL MANAGEMENT POLICIES SEPTEMBER 7, 2021 Prepared by the Finance Department Confirmed by the City Council on September 7th, 2021 49 of 74 199 FINANCIAL MANAGEMENT POLICIES Table of Contents Page No. I. Purpose Statement 1 II. Accounting, Auditing and Financial Reporting 1 A. Accounting B. Funds C. External Auditing D. External Auditors Responsible to City Council E. External Auditors Rotation 2 F. External Financial Reporting G. Internal Financial Reporting III Internal Controls 2 A. Written Procedures B. Department Managers Responsible IV. Operating Budget 2 A. Preparation B. Balanced Budget 3 C. Planning D. Reporting E. Control F. Performance Measures and Productivity Indicators V. Capital Improvement Program 3 A. Preparation B. Control C. Program Planning D. Alternate Resources E. Debt Financing 4 F. Street Maintenance G. Water/Wastewater Main Rehabilitation and Replacement H. Water and Wastewater Special Projects I. Reporting 50 of 74 200 FINANCIAL MANAGEMENT POLICIES Table of Contents Page No. VI. Revenue Management 4 A. Simplicity B. Certainty C. Equity 5 D. Administration E. Revenue Adequacy F. Cost/Benefit of Abatement G. Diversification and Stability H. Non-recurring Revenues I. Property Tax Revenues J. User-Based Fees K. Impact Fees L. General and Administrative Charges 6 M. Utility Rates N. Interest Income O. Revenue Monitoring VII. Expenditure Control 6 A. Appropriations B. Contingency Account Expenditures C. Purchasing D. Professional Services E. Prompt Payment F. Equipment Financing 7 G. Information Technology VIII. Asset Management 7 A. Investments B. Cash Management C. Fixed Assets and Inventory 51 of 74 201 FINANCIAL MANAGEMENT POLICIES Table of Contents Page No. IX. Financial Condition and Reserves 7 A. No Operating Deficits B. Interfund Loans C. Operating Reserves 8 D. Risk Management Program 9 E. Loss Financing F. Enterprise Fund Self-Sufficiency X. Debt Management 9 A. General B. Self-Supporting-Debt C. Analysis of Financing Alternatives D. Voter Authorization XI. Staffing and Training 9 A. Adequate Staffing B. Training C. Awards, Credentials 10 XII. Grants Financial Management 10 A. Grant Solicitation B. Responsibility XIII. Annual Review & Reporting 10 52 of 74 202 I. PURPOSE STATEMENT These policies are developed by the City Manager to guide the Finance Director, and staff in financial matters. The overriding goal of the Financial Management Policies is to enable the City to achieve a long-term stable and positive financial condition while conducting its operations consistent with the council-manager form of government established in the City Charter. The watchwords of the City’s financial management include integrity, prudent stewardship, planning, accountability, and full disclosure. The purpose of the Financial Management Policies is to provide guidelines for the financial management staff in planning and directing the City’s day-to-day financial affairs and in developing recommendations to the City Manager. The scope of the policies spans accounting, auditing, financial reporting, internal controls, operating and capital budgeting, revenue management, cash management, expenditure control, and debt management. II. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING A. ACCOUNTING – The City’s Assistant Finance Director is responsible for establishing the chart of accounts, and for properly recording financial transactions. B. FUNDS - Self-balancing groups of accounts are used to account for City financial transactions in accordance with generally accepted accounting principles. Each fund is created for a specific purpose except for the General Fund, which is used to account for all transactions not accounted for in other funds. Funds are created and fund names are changed by City Council approval through resolution either during the year or in the City Council’s approval of the annual operating budget ordinances. C. EXTERNAL AUDITING – The City will be audited annually by outside independent auditors. The auditors must be a CPA firm capable to demonstrate that they have the breadth and depth of staff to conduct the City’s audit in accordance with generally accepted auditing standards, generally accepted government auditing standards, and contractual requirements. The auditors’ report on the City’s financial statements including federal grants single audit when required, will be completed within 120 days of the City’s fiscal year end, and the auditors’ management letter will be presented to the City staff within 150 days after the City’s fiscal year end. An interim management letter will be issued prior to this date if any materially significant internal control weaknesses are discovered. The City staff and auditors will jointly review the management letter with the City Council within 60 days of its receipt by the staff. D. EXTERNAL AUDITORS RESPONSIBLE TO CITY COUNCIL – The external auditors are accountable to the City Council and will have access to direct communication with the City Council if the City staff is unresponsive to auditor recommendations or if the auditors consider such communication necessary to fulfill their legal and professional responsibilities. 53 of 74 203 The City Council may conduct closed session annually with the auditors present without the presence of City staff. Such meeting shall be conducted in accordance with the Open Meetings Act. E. EXTERNAL AUDITOR ROTATION – The City will not require external auditor rotation, but will circulate requests for proposal for audit services periodically, normally at five-year intervals. F. EXTERNAL FINANCIAL REPORTING – The City will prepare and publish a Comprehensive Annual Financial Report (CAFR). The CAFR will be prepared in accordance with generally accepted accounting principles, and will be presented annually to the Government Finance Officers Association (GFOA) for evaluation and awarding of the Certification of Achievement for Excellence in Financial Reporting. The CAFR will be published and presented to the City Council within 120 days after the end of the fiscal year. City staffing limitations may preclude such timely reporting. In such case, the Finance Director will inform the City Manager and the City Manager will inform the City Council of the delay and the reasons therefore. G. INTERNAL FINANCIAL REPORTING - The Finance Department will prepare internal financial reports sufficient for management to plan, monitor, and control the City’s financial affairs. Internal financial reporting objectives are addressed throughout the policies. III. INTERNAL CONTROLS A. WRITTEN PROCEDURES – The Finance Director is responsible for developing citywide written guidelines on accounting, cash handling, and other financial matters, which will be approved by the City Manager. The Finance Department will assist department directors as needed in tailoring these guidelines into detailed written procedures to fit each department’s requirements. B. DEPARTMENT MANAGERS RESPONSIBLE – Each department director is responsible to the City Manager to ensure that good internal controls are followed throughout his or her department, that all guidelines on accounting and internal controls are implemented, and that all independent auditor internal control recommendations are addressed. IV. OPERATING BUDGET A. PREPARATION – The City’s “Operating Budget” is the City’s annual financial operating plan. It consists of governmental and proprietary funds, including the general obligation and revenue supported Debt Service Funds, but excluding Capital Projects Funds. The budget is prepared by the Finance Department with the cooperation of all City departments, and is submitted to the City Manager who makes any necessary changes and transmits the document to the City Council. 54 of 74 204 The preliminary budget should be filed with the City Secretary’s office on or before July 31st each fiscal year, and presented to the City Council. Thereafter, the final budget should be enacted by the City Council prior to fiscal year end. The operating budget shall be submitted to the GFOA annually for evaluation and awarding of the Award for Distinguished Budget Presentation. B. BALANCED BUDGET – The operating budgets will be balanced, with current revenues, and prior year surpluses greater than or equal to current expenditures/expenses except a rainy day fund reserve of sixty (60) days. C. PLANNING – The budget process will be coordinated to identify major policy issues for City Council’s consideration several months prior to the budget approval date. D. REPORTING – Periodic financial reports will be prepared to enable the department directors to manage their budgets and to enable the Finance Department to monitor and control the budget as authorized by the City Council. Summary financial reports will be presented to the City Council each month within four weeks after the month end. Such reports will include current year revenue and expenditures in comparison to budget and prior year actual revenues and expenditures. E. CONTROL – Operating Expenditure Control is addressed in another section of the Policies. F. PERFORMANCE MEASURES AND PRODUCTIVITY INDICATORS – Where appropriate, performance measures and productivity indicators will be used as guidelines and reviewed for efficiency and effectiveness. This information will be included in the annual budgeting process. V. CAPITAL IMPROVEMENT PROGRAM A. PREPARATION – The City’s Capital Improvement Program will include all capital projects. The Capital Improvement Plan will be prepared annually on a fiscal year basis. The Capital Improvement Plan will be reviewed annually by the City Council. The Capital Improvement Plan will be prepared by the Finance Department with the involvement of all City departments. B. CONTROL – All capital project expenditures must be approved by City Council. The Finance Department must ensure the availability of resources before a capital project contract is presented by the City Manager to the City Council for approval. C. PROGRAM PLANNING – The Capital Improvement Plan will include capital improvements program plans for future years. The planning time frame should normally be at least five years. The replacement and maintenance for capital items should also be projected for the next 5 years. Future maintenance and operations will be fully costed, so that these costs can be considered in the operating budget. 55 of 74 205 D. ALTERNATE RESOURCES – Where applicable, assessments, impact fees, or other user- based fees should be used to fund capital projects, which have a primary benefit to certain property owners. E. DEBT FINANCING – Recognizing that debt is usually a more expensive financing method, alternative financing sources will be explored before debt is issued. When debt is issued, it will be used to acquire major assets with expected lives, which equal or exceed the average life of the debt issued. The exceptions to this requirement are the traditional costs of marketing and issuing the debt, capitalized labor for design and construction of capital projects, and small component parts which are attached to major equipment purchases. F. STREET MAINTENANCE – The City recognizes that deferred street maintenance increases future capital costs by an estimated 5 to 10 times. Therefore, a portion of the General Fund Budget and/or debt issuances may be set aside each year to maintain the quality of streets. The amount will be established annually so that repairs will be made. G. WATER/WASTEWATER MAIN REHABILITATION AND REPLACEMENT – The City recognizes that deferred water/wastewater main rehabilitation and replacement increases future costs due to loss of potable water from water mains and inflow and infiltration into wastewater mains. Therefore, to ensure that the rehabilitation and replacement program is adequately funded, the City may annually appropriate an amount to provide for a water and wastewater main repair and replacement program. H. WATER AND WASTEWATER SPECIAL PROJECTS – A special fund will be maintained for water and wastewater capital projects. The fund will be funded with operating surpluses, interest earnings, and transfers from water and wastewater operations. As soon as practicable, after each fiscal year end when annual operating results are known, any Water/Wastewater Fund operating surplus in excess of budget which is not required to meet ending resources requirements, may be transferred to the Special Projects Fund with the approval of the City Council. The fund will be used for funding water/wastewater main rehabilitation and replacement, for major capital outlay, and for unplanned projects. I. REPORTING – Periodic financial reports will be prepared to enable the department managers to manage their capital budgets and to enable the Finance Department to monitor the capital budget as authorized by the City Council. VI. REVENUE MANAGEMENT A. SIMPLICITY – The City will strive to keep the revenue system simple, which will result in a decrease of compliance costs for the taxpayer or service recipient and a corresponding decrease in avoidance to pay. The City will avoid nuisance taxes, fees, or charges as revenue sources. B. CERTAINTY – An understanding of the revenue source increases the reliability of the revenue system. The City will enact consistent collection policies for its revenues so 56 of 74 206 that assurances can be provided that the revenue base will materialize according to budgets and plans. C. EQUITY – The City will strive to maintain equity in the revenue system structure. That is, the City will seek to minimize or eliminate all forms for subsidization between entities, funds, services, utilities, and customers. However, it is recognized that public policy decisions may lead to subsidies in certain circumstances, e.g., senior citizen property tax exemptions or partial property tax abatement. D. ADMINISTRATION – The benefits of revenue will exceed the cost of producing the revenue. The cost of collection will be reviewed annually for cost effectiveness. Where appropriate, the City will use the administrative processes of State or Federal collection agencies in order to reduce administrative costs. E. REVENUE ADEQUACY – The City will require that there be a balance in the revenue system. That is, the revenue base will have the characteristic of fairness and neutrality as it applies to cost of service, willingness to pay, and ability to pay. F. COST/BENEFIT OF ABATEMENT – The City will use due caution in the analysis of any tax, fee, or water and wastewater incentives that are used to encourage development. Ideally, a cost/benefit (fiscal impact) analysis will be performed as a part of such analysis. G. DIVERSIFICATION AND STABILITY – In order to protect the government from fluctuations in revenue source due to fluctuations in the economy, and variations in weather, (in the case of water and wastewater), a diversified revenue system will be maintained. H. NON-RECURRING REVENUES – One-time revenues will not be used for ongoing operations. Non-recurring revenues will be used only for non-recurring expenditures. Care will be taken not to use these revenues for budget balancing purposes. I. PROPERTY TAX REVENUES – Property shall be assessed at 100% of the fair market value as appraised by the Denton Central Appraisal District. Reappraisal and reassessment shall be done regularly as required by State law. All delinquent taxes will be aggressively pursued, with delinquents greater than 150 days being turned over to the City Attorney or a private attorney, and a penalty assessed to compensate the attorney as allowed by state law, and in accordance with the attorney’s contract. J. USER-BASED FEES – For services associated with a user fee or charge, the direct and indirect costs of that service will be offset by a fee where possible. There will be a periodic review of fees and charges to ensure that fees provide adequate coverage of costs of services. User charges may be classified as “full cost recovery,” “partial cost recovery,” and “minimal cost recovery,” based upon City Council policy. 57 of 74 207 K. IMPACT FEES – Impact fees are currently imposed for water, wastewater, roadway, and drainage in accordance with applicable city ordinances and State Law. Impact fees will be re-evaluated at least every five years as required by law. L. GENERAL AND ADMINISTRATIVE CHARGES – A method will be maintained whereby the General Fund can impose a charge to the enterprise funds or special revenue funds for general and administrative services (indirect costs), performed on their behalf. The details will be documented in the annual budget process in the form of transfers between funds. M. UTILITY RATES – The City will review utility rates periodically, and if necessary, adopt new rates that will generate revenues required to fully cover operating expenditures, meet the legal restrictions of all applicable bond covenants, provide for an adequate level of working capital needs and debt service requirements. This policy does not preclude drawing down cash balance to finance current operations. However, it is best that any extra cash balance be used instead to finance capital projects. N. INTEREST INCOME – Interest earned from investment of available monies, whether pooled or not, will be distributed to the funds in accordance with the average monthly cash balances. O. REVENUE MONITORING – Revenues actually received will be regularly compared to budgeted revenues and variances will be investigated. This process will be summarized in the appropriate budget report. VII. EXPENDITURE CONTROL A. APPROPRIATIONS – The level of budgetary control is the department level in the General Fund, Parks Fund, and Utility Fund and the fund level in all other funds. When budget adjustments (i.e., amendments) between departments and/or funds are necessary, these must be approved by the City Council. Budget appropriation amendments at lower levels of control shall be made in accordance with the applicable administrative procedures. B. CONTINGENCY ACCOUNT EXPENDITURES – The City Council must approve all contingency account expenditures of $50,000 or more, as discussed under Purchasing. C. PURCHASING – All purchases shall be in accordance with the City’s Purchasing Policies. D. PROFESSIONAL SERVICES – Professional services will generally be processed through a request for proposal process, except for smaller contracts. The City Manager may execute any professional services contract for less than $50,000 provided there is an appropriation for such contract. E. PROMPT PAYMENT – All invoices will be paid within 30 days of receipt of goods and services or receipt of invoices, whichever is later in accordance with the prompt 58 of 74 208 payment requirements of state law. Procedures will be used to take advantage of all purchase discounts where considered cost effective. However, payments will also be reasonably delayed in order to maximize the City’s investable cash, where such delay does not violate the agreed upon payment terms. F. EQUIPMENT FINANCING – Equipment may be financed when the useful life is at least three years. Vehicles to be replaced are identified and evaluated every year during the budget process. Depending on available resources, financing may be made by debt issuance rather than from the General Fund and Utility Fund accounts. G. INFORMATION TECHNOLOGY – Certain information technology acquisitions will be funded in the Information Technology Department’s budget or by debt issuance. Acquisitions may include all related professional services costs for researching and/or implementing an information technology project. Lease cost is also an eligible expense. VIII. ASSET MANAGEMENT A. INVESTMENTS – The City’s investment practices will be conducted in accordance with the City Council approved Investment Policies. B. CASH MANAGEMENT – The City’s cash flow will be managed to maximize the cash available to invest. A monthly report is provided by the Finance Director to the Assistant City Manager for presentation to the City Council. C. FIXED ASSETS AND INVENTORY – These assets will be reasonably safeguarded and properly accounted for, and prudently insured. IX. FINANCIAL CONDITION AND RESERVES A. NO OPERATING DEFICITS – Current expenditures will be paid with current revenues and prior year surplus. Deferrals, short-term loans, or one-time sources will be avoided as budget balance techniques. Reserves will be used only for emergencies or non-recurring expenditures, except when balances can be reduced because their levels exceed guideline minimums. B. INTERFUND LOANS - Non-routine interfund loans shall be made only in emergencies where other temporary sources of working capital are not available and with the approval of the City Council. At the time an interfund loan is considered, a plan to repay it prior to fiscal year end shall also be considered. A fund will only lend money that it will not need to spend in the immediate future. A loan may be made from a fund only if the fund has ending resources in excess of the minimum requirement for the fund. Total interfund loans outstanding from a fund shall not exceed 15% of the target fund balance for the fund. If any interfund loan is to be repaid from the proceeds of a future debt issue, a proper reimbursement resolution will be approved at the time the loan is authorized. 59 of 74 209 C. OPERATING RESERVES – in accordance with GASB-54, it is the policy of the City of The Colony to classify fund balances as Non-spendable, Restricted, Committed, Assigned, or Unassigned and develop policy for establishment and activity of each classification. Non-spendable fund balance is (a) not in a spendable form such as prepaid items or (b) legally or contractually required to be maintained intact as an endowment. Restricted fund balance consists of amounts that can be spent only on the specific purposes stipulated by law or by the external providers of those resources. Committed fund balances are self-imposed limitations set in place prior to the end of the fiscal year. These amounts can be used only for specific purposes determined by a formal action of the City Council and require the same level of formal action to remove the constraint. Assigned fund balance consists of amounts that are subject to a purpose constraint that represents an intended use established by the City Council. The purpose of the assignment must be narrower than the purpose of the General Fund. Additionally, this category is used to reflect the appropriation of a portion of existing fund balance to eliminate a projected deficit in the subsequent year’s budget. Unassigned fund balance represents the residual classification of fund balance and includes all spendable amounts not contained within other classifications. Restricted, Committed, and Assigned fund balance expenditures require prior Council approval. (1) Policy on Committing Funds: It is the policy of the City of The Colony that fund balance amounts will be reported as “Committed Fund Balance” only after formal action and approval by City Council. The action to constrain amounts in such a manner must occur prior to year-end; however, the actual dollar amount may be determined in a subsequent period. After approval by the City Council, the amount reported a Committed Fund Balance cannot be reversed without Council approval. (2) Policy of Assigning Funds: Funds that are intended to be used for a specific purpose but have not received the formal approval by Council may be recorded as Assigned Fund Balance. It is the policy of the City of The Colony that fund balance amounts will be reported as “Assigned Fund Balance” only after the City Manager has assigned those amounts based on intentions for use of the City Council. (3) Policy on Unassigned General, Parks, and Utility Fund balances: It is the goal of the City to achieve and maintain an unassigned General Fund, Parks Fund, and Utility Fund balance equal to 60 days of expenditures. The required minimum fund balance of 60 days of expenditures is to provide working capital needs in emergencies. The 60 days fund balance is considered as committed fund balance in the General Fund and is approved by the City Council via the resolution adopting this policy. To the extent reasonably possible, in the event that the General fund balance is drawn down below the target level, it will be replenished by the following fiscal year. 60 of 74 210 (4) Order of fund expenditure When multiple categories of fund balance are available for expenditure, the City will first spend the most restricted category of funds. Normally, this will result in the use of committed, then restricted, and lastly, unassigned fund balances. Failure to meet these standards will be disclosed to the City Council as soon as the situation is recognized and a plan to replenish the ending resources over a reasonable time frame shall be adopted. D. RISK MANAGEMENT PROGRAM – The City will aggressively pursue every opportunity to provide for the public’s and City employees’ safety and to manage its risks. D. LOSS FINANCING – All reasonable options will be investigated to finance losses. Such options may include risk transfer, insurance, and risk retention. E. ENTERPRISE FUND SELF-SUFFICIENCY – The City’s enterprise funds resources will be sufficient to fund operating and capital expenditures. The enterprise funds will pay (where applicable) their fair share of general and administrative expenses in lieu of property taxes and/or franchise fees. If an enterprise fund is temporarily unable to pay all expenses, then the City Council may waive general and administrative expenses in lieu of property taxes and/or franchise fees until the fund is able to pay them. X. DEBT MANAGEMENT A. GENERAL – The City’s borrowing practices will be conducted in accordance with the City Council approved Debt Management Policies. B. SELF-SUPPORTING DEBT - When appropriate, self-supporting revenues will pay debt services in lieu of tax revenues. C. ANALYSIS OF FINANCING ALTERNATIVES – The City will explore all financing alternatives in addition to long-term debt including leasing, grants and other aid, developer contributions, impact fees, and use of reserves or current monies. D. VOTER AUTHORIZATION – The City shall obtain voter authorization before issuing General Obligation Bonds as required by law. In general, voter authorization is not required for the issuance of Revenue Bonds and Certificates of Obligation. XI. STAFFING AND TRAINING A. ADEQUATE STAFFING – Staffing levels will be adequate for the fiscal functions of the City to function effectively. Workload shedding alternatives will be explored before adding staff. B. TRAINING - The City will support the continuing education efforts of all financial staff including the investment in time and materials for maintaining a current perspective concerning financial issues. Staff will be held accountable for communicating, 61 of 74 211 teaching, and sharing with other staff members all information and training materials acquired from seminars, conferences, and related education efforts. C. AWARDS, CREDENTIALS – The City will support efforts and involvements which result in meeting standards and receiving exemplary recitations on behalf of any of the City’s fiscal policies, practices, processes, products, and personnel. Staff certifications may include Certified Public Accountant, Certified Management Accountant, Certified Internal Auditor, Certified Payroll Professional, Certified Government Finance Officer, Professional Public Buyer, Certified Cash Manager, and others as approved by the City Manager upon recommendation of the Finance Director. XII. GRANTS FINANCIAL MANAGEMENT A. GRANT SOLICITATION – The City will stay informed about available grants and will apply for any, which would be cost/beneficial and meet the City’s objectives. B. RESPONSIBILITY – Departments will oversee the day to day operations of grant programs, will monitor performance and compliance, and will also keep Finance Department contacts informed of significant grant-related plans and activities. Departments will also report re-estimated annual grant revenues and expenses to the Finance Department after the second quarter of each year. Finance Department staff members will serve as liaisons with grantor financial management personnel, and will keep the book of accounts for all grants. XIII. ANNUAL REVIEW & REPORTING A. These Policies will be reviewed administratively by the City Manager at least annually, and will be presented to the City Council for confirmation of any significant changes. B. The Finance Director will report annually to the City Council on compliance with these policies. 62 of 74 212 CITY OF THE COLONY THE COLONY ECONOMIC DEVELOPMENT CORPORATION THE COLONY COMMUNITY DEVELOPMENT CORPORATION INVESTMENT POLICY September 7, 2021 Prepared by the Finance Department Confirmed by the City Council on September 7th, 2021 63 of 74 213 THE COLONY INVESTMENT POLICY TABLE OF CONTENTS PAGE I. SCOPE OF POLICY 1 A. Funds Included 1 B. Funds Excluded 1 C. Pooling of Funds 1 D. Additional Requirements 1 II. PRUDENCE 1 III. OBJECTIVES OF POLICY 2 A. Safety 2 B. Liquidity 2 C. Public Trust/Transparency 2 D. Yield 2 IV. RESPONSIBILITY AND CONTROL 3 A. Delegation 3 B. Investment Officers 3 C. Conflicts of Interest 3 D. Disclosure 3 E. Investment Training 3 V. AUTHORIZED INVESTMENTS 4 VI. INVESTMENT REPORTS 4 VII. PORTFOLIO AND INVESTMENT ASSET PARAMETERS 4 A. Bidding Process for Investments 4 B. Maximum Maturities 5 C. Maximum Dollar-Weighted Maturity 5 D. Diversification 5 E. Performance Standards 5 VIII. SELECTION OF DEPOSITORY, BROKER/DEALERS, AND INVESTMENT ADVISORS 6 A. Depository Solicitation Process 6 B. Insurability 6 C. Investment Advisors 6 IX. COLLATERALIZATION 6 A. Insurance or Collateral Pledged 6 B. Collateral Defined 6 C. Audit of Pledged Collateral 7 64 of 74 214 PAGE X. SAFEKEEPING AND CUSTODY OF INVESTMENT ASSETS 7 XI. MANAGEMENT AND INTERNAL CONTROLS 7 XII. INVESTMENT POLICY ADOPTION 8 XIII. INVESTMENT STRATEGY 8 A. Operating Funds 9 APPENDIX A Authorized Government Pools 9 65 of 74 215 THE COLONY INVESTMENT POLICY I. SCOPE OF POLICY This Investment Policy shall govern the investment activities of all funds of the City of The Colony, The Colony Economic Development Corporation, and The Colony Community Development Corporation (collectively herein referred to as “THE COLONY”), excluding any specific funds cited hereafter. This Policy serves to satisfy the state statutory requirement to define and adopt a formal investment policy. A. FUNDS INCLUDED: All financial assets of all current funds of THE COLONY and any new funds created in the future, unless specifically exempted, will be administered in accordance with this Policy. These funds are accounted for in the City’s Annual Financial Report and may include: General Fund, Enterprise Funds, Capital Project Funds, Special Revenue Funds, Trust and Agency Funds. B. FUNDS EXCLUDED: This Policy excludes Employee Retirement and Pension Funds administered or sponsored by THE COLONY and excludes bond funds held in trust escrow accounts. THE COLONY will maintain responsibility for these funds as required by Federal and State law and Charters and Codes. C. POOLING OF FUNDS: Except for cash in certain restricted and special funds, THE COLONY will consolidate cash balances from all funds to optimize potential investment earnings. Investment income will be allocated to the various funds based on their respective percentage participation and in accordance with the generally accepted accounting principles. D. ADDITIONAL REQUIREMENTS: In addition to this Policy, bond funds (to include capital project, debt service, and reserve funds) will be managed by the governing debt ordinance and the provisions of the Internal Revenue Code applicable to the issuance of tax-exempt obligations and the investment of debt proceeds. II. PRUDENCE Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of the capital as well as the probable income to be derived. The standard of prudence to be used by Investment Officers shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio of funds, rather than a consideration as to the prudence of a single investment. Investment Officers acting in accordance with written procedures and this Investment Policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion to the City Manager, and the City Council, and appropriate action is taken by the 66 of 74 216 Investment Officers and their oversight managers to control adverse developments in accordance with the terms of this Policy. III. OBJECTIVES OF POLICY The primary objectives of THE COLONY’s investment program in order of priority shall be preservation and safety of principal, liquidity, public trust, and yield. A. SAFETY: The foremost and primary objective of THE COLONY’s investment program is the preservation and safety of capital. Each investment transaction will seek first to ensure that capital losses are avoided, whether the loss occurs from the default of a security or from erosion of market value. The objectives will be to mitigate credit risk and interest rate risk. To control credit risk, investments should be limited to the safest types of investments. Financial institutions, broker/dealers and advisors who serve as intermediaries, shall be pre-qualified by THE COLONY. The credit ratings of investment pools and individual securities will be monitored to assure compliance with this Policy and State law. To control interest rate risk, THE COLONY will structure the investment portfolio so that investments mature to meet cash requirements for ongoing operations and will regularly monitor marketable securities. Should an issuer experience a downgrade of its credit rating by a nationally recognized credit rating agency below the required minimum rating, all prudent measures will be taken to liquidate the investment. B. LIQUIDITY: THE COLONY’s investment portfolio will remain sufficiently liquid to enable THE COLONY to meet operating requirements that might be reasonably anticipated. Liquidity will be achieved by maintaining adequate cash equivalent balances, matching investment maturities with forecasted cash flow funding requirements, and by diversifying maturities. Furthermore, since all possible cash demands cannot be anticipated, the portfolio, or portions thereof may be placed in bank accounts, money market mutual funds or local government investment pools, which offer same day liquidity. C. PUBLIC TRUST/TRANSPARENCY: Investment Officers shall seek to act responsibly as the custodians of public trust. Investment Officers shall avoid any transaction that might impair public confidence in THE COLONY’s ability to govern effectively. To increase public trust and transparency, the Investment Policy will limit investments to those easily understood. Investments are limited to money market accounts of the Depository Bank and local governmental investment pools, and certificates of deposit of up to 1 year in maturity as described below in section V. Authorized Investments. D. YIELD: THE COLONY’s investment portfolio will be designed with the objective of regularly meeting or exceeding the optimum rate of return of a reasonable benchmark considering the risk, liquidity, and transparency constraints. Investment Officers will seek to preserve principal, maintain liquidity levels needed, maintain as much transparency as possible and optimize the yield of these funds. 67 of 74 217 However, it is understood that if the yield achieved by THE COLONY is higher than the arbitrage yield, positive arbitrage income will be rebated to the federal government as required by current federal regulations. IV. RESPONSIBILITY AND CONTROL A. DELEGATION: The Director of Finance has oversight management responsibility to establish written procedures and controls for the operation of the investment program, consistent with this Investment Policy. Such procedures shall include explicit delegation of authority to persons responsible for the daily cash management operation, execution of investment transactions, overall portfolio management, and investment reporting. The Director of Finance shall be responsible for all transactions undertaken, and shall establish a system of controls to regulate the activities of the Investment Officers. B. INVESTMENT OFFICERS: The Director of Finance and Assistant Finance Director are the “Investment Officers” of THE COLONY. No person shall engage in an investment transaction except as provided under the terms of this Policy and the procedures established by the Director of Finance. C. CONFLICTS OF INTEREST: Investment Officers and employees involved in the investment process will refrain from personal business activity that could conflict with proper execution and management of the investment program, or which could impair their ability to make impartial investment decisions. Investment Officers and employees involved in the investment process shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of THE COLONY. D. DISCLOSURE: Investment Officers shall disclose to the City Manager, City Council, Boards of Directors, and the Texas Ethics Commission any financial interests in financial institutions or any relationship within the second degree by affinity or consanguinity to an individual that conducts business with THE COLONY. All Investment Officers shall further disclose any large personal financial investment positions that could be related to the performance of THE COLONY’s portfolio. Investment Officers shall subordinate their personal investment transactions to those of this jurisdiction, particularly with regard to the timing of purchases and sales. E. INVESTMENT TRAINING: In order to ensure qualified and capable investment management, the Director of Finance, the Assistant Finance Director, and any other Investment Officers shall have a finance, accounting, or related degree and knowledge of treasury functions. Additionally, Investment Officers must attend investment training not less than once in a two-year period that begins on the first day of the fiscal year and consists of two consecutive fiscal years after that date and receive not less than 10 hours of instruction relating to investment responsibilities. This investment training may be from educational seminars held by Government Finance Officers Association (GFOA), 68 of 74 218 Government Treasurers Organization of Texas (GTOT), Government Finance Officers Association of Texas (GFOAT), American Institute of Certified Public Accountants (AICPA), University of North Texas (UNT), North Central Texas Council of Governments (NCTCOG), and Texas Municipal League (TML). All Investment Officers of THE COLONY shall attend at least one training session relating to their cash management and investment responsibilities within 12 months after assuming these duties for THE COLONY. Training must include education in investment controls, security risks, strategy risks, market risks, and compliance with state investment statutes. V. AUTHORIZED INVESTMENTS Funds of THE COLONY may be invested in the following investments, as authorized by Chapter 2256 of the Government Code of the State of Texas, known as the “Public Funds Investment Act”, and as authorized by this Investment Policy. Investments not specifically listed below are not authorized: A. Money Market Mutual Funds of Local Government Joint Investment Pools established and operating in compliance with the Public Funds Investment Act, and are continuously rated no lower than AAA-m or an equivalent rating by at least one nationally recognized rating service, have a dollar-weighted average maturity of 60 days or less, and invest only in obligations listed in the Public Funds Investment Act. B. Money Market Deposit accounts with bank depository. C. Certificates of Deposits that are issued by a state or national bank that has its main office or branch office in the State of Texas and that a) which are guaranteed or insured by the Federal Deposit Insurance Corporation, b) are secured in compliance with Section IX Collateralization, or c) are executed through a depository institution that has its main office or a branch office in this State that participates in the Certificate of Deposit Account Registry Service (CDARS) and meet the requirements of the Public Funds Investment Act. D. Insured Cash Shelter Accounts executed through a trustee bank that has its main office or a branch office in this State. Only those investments specifically listed in this Policy are authorized. VI. INVESTMENT REPORTS The Director of Finance shall submit quarterly an investment report in compliance with the Public Funds Investment Act. This report will be prepared in a manner, which will allow THE COLONY to ascertain whether investment activities during the reporting period have conformed to the Investment Policy. The report should be provided to the City Council, Boards of Directors, and the City Manager. The reports shall be formally reviewed at least annually by an independent auditor in conjunction with the annual audit. The result of the review shall be reported to the City Council and Boards of Directors by that auditor. The quarterly investment report must be presented within 90 days of the end of the quarter reporting period. The Director of Finance is responsible for the recording of investment transactions and the maintenance of the investment records with reconciliation of the accounting records of investments carried out by the Assistant Finance Director. Information to maintain the investment 69 of 74 219 program and the reporting requirements is derived from various sources such as broker/dealer research reports, newspapers, financial on-line market quotes, communication with broker/dealers, government investment pools, and financial consulting services. VII. PORTFOLIO AND INVESTMENT ASSET PARAMETERS A. BIDDING PROCESS FOR INVESTMENTS: Investment Officers for THE COLONY shall solicit bids or quotes for certificates of deposit, or other financial institution deposit accounts either orally, in writing, electronically, or in any combination of these methods. The Investment Officers will strive to create a competitive pricing environment for all portfolio transactions. B. MAXIMUM MATURITIES: THE COLONY will manage its investments to meet anticipated cash flow requirements. THE COLONY will not directly invest in certificate of deposits maturing more than one year from the date of purchase. C. MAXIMUM DOLLAR-WEIGHTED AVERAGE MATURITY: The maximum dollar-weighted average maturity based on the stated final maturity, authorized by this Investment Policy for the composite portfolio of THE COLONY, shall be 9 months. D. DIVERSIFICATION: It is the Policy of THE COLONY to diversify its investment portfolios. Assets held in each investment portfolio shall be diversified to eliminate the risk of loss resulting from concentration of assets in a specific maturity or specific issuer. In establishing specific diversification strategies, the following general policies and constraints shall apply: 1) CD maturities and shall be staggered in a way that protects interest income from the volatility of interest rates and that avoids undue concentration of assets in a specific maturity or Institution. Investments shall be selected which provide for stability of income and adequate liquidity. E. PERFORMANCE STANDARDS: The investment portfolio will be managed in accordance with the objectives specified within this Policy. 70 of 74 220 VIII. SELECTION OF DEPOSITORY, BROKER/DEALERS, AND INVESTMENT ADVISORS A. DEPOSITORY SOLICITATION PROCESS: Primary depositories shall be selected through THE COLONY’s banking services procurement process, which shall include a formal request for proposal (RFP) issued not less than every five years. In selecting primary depositories, the credit worthiness of institutions shall be considered. No public deposit shall be made except in a qualified public depository as established by state depository laws. THE COLONY may also establish agreements with other financial institutions under separate contract for additional services which are necessary in the administration, collection, investment, and transfer of municipal funds. Such deposits will only be made after the financial institution has completed and returned the required written instruments and depository pledge agreements. B. INSURABILITY: Banks seeking to establish eligibility for THE COLONY’s deposits, shall submit financial statements, evidence of federal insurance, and other information as required by the Investment Officers of THE COLONY. C. INVESTMENT ADVISORS: Investment Advisors shall adhere to the spirit, philosophy and specific term of this Policy and shall advise within the same “Standard of Care”. Selected Investment Advisors must be registered under the Investment Advisors Act of 1940 or with the State Securities Board. A contract with an Investment Advisor may not be for a term longer than two years and must be approved by the City Council, including any renewals or extensions. IX. COLLATERALIZATION A. INSURANCE OR COLLATERAL PLEDGED: Collateralization shall be required on depository bank deposits and certificates of deposit, in accordance with the “Public Funds Collateral Act” and depository laws. With the exception of deposits secured with irrevocable letters of credit at 100% of amount, the collateralization level will not be less than 102% of market value of principal and accrued interest, less any FDIC insurance. Evidence of the pledged collateral shall be documented by a tri-party custodial or a master repurchase agreement with the eligible collateral pledged clearly listed in the agreement. Collateral shall be monitored at least monthly to ensure that the market value of the securities pledged equals or exceeds the related deposit or investment balance. B. COLLATERAL DEFINED: THE COLONY shall only accept, as depository or investment collateral, letters of credit issued by the FHLB or investments stipulated by the Federal Treasury Office of the Comptroller of the Currency, Title 12 - Banks and Banking, Paragraph 9.11. 71 of 74 221 C. AUDIT OF PLEDGED COLLATERAL: All collateral shall be subject to verification and audit by the Director of Finance. X. SAFEKEEPING AND CUSTODY OF INVESTMENT ASSETS All security transactions, including collateral for repurchase agreements, entered into by THE COLONY shall be conducted using the delivery vs. payment (DVP) basis. That is, funds shall not be wired or paid until verification has been made that the correct security has been received by the safekeeping bank. The safekeeping bank is responsible for matching up instructions from THE COLONY’s Investment Officers on an investment settlement with what is wired from the broker/dealer, prior to releasing THE COLONY’s designated funds for a given purchase. The security shall be held in the name of THE COLONY or held on behalf of THE COLONY in a bank nominee name. Securities will be held by a third party custodian designated by the Director of Finance and evidenced by safekeeping receipts. The safekeeping bank’s records shall assure the notation of THE COLONY’s ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to THE COLONY. A safekeeping agreement must be in place, which clearly defines the responsibilities of the safekeeping bank. Wires or ACH transactions to and from government investment pools, financial institution deposits, and money market mutual funds are the only exceptions to the DVP method of settlement. XI. MANAGEMENT AND INTERNAL CONTROLS The Director of Finance shall establish a system of internal controls which shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officers of THE COLONY. Controls and managerial emphasis deemed most important that shall be employed where practical are: A. Control of collusion. B. Separation of duties. C. Separation of transaction authority from accounting and record keeping. D. Custodian safekeeping receipts records management. E. Avoidance of bearer-form securities. F. Clear delegation of authority. G. Documentation of investment bidding events. H. Written confirmations from broker/dealers and financial institutions. I. Reconcilements and comparisons of security receipts with the investment records. 72 of 74 222 J. Compliance with investment policies. K. Accurate and timely investment reports as required by law and this Policy. L. Validation of investment maturity decisions with supporting cash flow data. M. Adequate training and development of Investment Officers. N. Verification of all investment income and security purchase and sell computations. O. Review of financial condition of all broker/dealers, and depository institutions. P. Information about market conditions, changes, and trends that require adjustments in investment strategies. The above list of internal controls represents only a partial list of a system of internal controls. In conjunction with the annual audit, a process of independent review by an external auditor shall be established. XII. INVESTMENT POLICY ADOPTION THE COLONY’s Investment Policy shall be adopted by resolution of the City Council and Boards of Directors. The Policy and general investment strategy statements shall be reviewed on an annual basis by the City Council and Boards of Directors, and any modifications made thereto must be approved by them. XIII. INVESTMENT STRATEGY Effective investment strategy development coordinates the primary objectives of THE COLONY’s Investment Policy and cash management procedures. Cash management to increase the available “investment period” will be employed when necessary to enhance the ability of THE COLONY to earn interest income. Maturity selections shall be based on cash flow and market conditions to take advantage of interest rate cycles. THE COLONY’s portfolio shall be designed and managed in a manner responsive to the public trust and consistent with the Investment Policy. Each major fund type has varying cash flow requirements and liquidity needs. Therefore specific strategies shall be implemented considering the Fund’s unique requirements. THE COLONY funds shall be analyzed and invested according to the following major fund types: A. Operating Fund B. Capital Project Funds and Special Purpose Funds C. Debt Service Funds D. Bond Reserve Funds 73 of 74 223 OVERALL STRATEGY: THE COLONY’s basic investment strategy is to utilize investment options that represent suitable risk/return alternatives for excess operating reserves which are easily understood by the public. Therefore, investment of excess operating funds shall seek to preserve principal and promote transparency by restricting authorized investment instruments to those investments which are easily understood with suitable and limited credit and market risk. Liquidity will be maintained by utilizing projected cash flow needs to limit investment maturities and targeting minimum cash balances. Investment marketability will be maintained based on the fund-type strategies to sufficiently and reasonably assure that investments could be liquidated prior to the maturity, if cash needs dictate. THE COLONY shall also diversify its investment portfolio. Whenever practical, assets held in the investment portfolio shall minimize the risk of loss resulting from concentration of assets in a specific maturity or specific issuer. THE COLONY will group investment instruments into “fund-type investment groups.” These groups will reflect similar needs as to maturity limits, diversity, and liquidity. THE COLONY funds shall seek to achieve a competitive yield appropriate for each strategy. Yield objectives shall at all times be subordinate to the objectives of safety, liquidity and transparency. Tax-exempt debt proceeds shall be invested to optimize the interest earnings retained by THE COLONY, while at the same time fully complying with all applicable State laws and federal regulations, including the arbitrage rebate regulations. A. OPERATING FUNDS: Operating Funds shall have as their primary objective to assure safety of principal. The secondary objective is to assure that anticipated cash outflows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure, which will experience minimal volatility during changing economic cycles. Objectives may be accomplished by investing in money market accounts of the depository bank or government investment pools or bank certificates of deposits. APPENDIX A AUTHORIZED LOCAL GOVERNMENT INVESTMENT POOLS TEXPOOL/TEXPOOL PRIME (Texas Local Government Investment Pools) LOGIC (Local Government Investment Cooperative) TEXASTERM/TEXASDAILY (Local Government Investment Pools) 74 of 74 224 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - _______ ADOPT MUNICIPAL BUDGET FOR FISCAL YEAR 2021-2022 AN ORDINANCE OF THE CITY OF THE COLONY, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021, THROUGH SEPTEMBER 30, 2022; PROVIDING FOR THE INTRA AND INTER-DEPARTMENT FUND TRANSFERS; PROVIDING FOR THE INVESTMENT OF CERTAIN FUNDS; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Executive Director of Administration for the City of The Colony, Texas has heretofore filed with the City Secretary, a proposed general budget for the City covering the fiscal year 2021-2022; and WHEREAS, a public hearing was duly held and all interested persons were given an opportunity to be heard for or against any item therein in accordance with the Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1:That the attached budget, presented by the City Manager and reviewed during Council meetings and work sessions, and as amended be approved for the fiscal year 2021-2022. SECTION 2:That the City Manager be and is hereby authorized to make intra and Council approved inter-departmental fund transfers during the fiscal year as becomes necessary in order to avoid over-expenditures of a particular account. SECTION 3:That the City Manager, unless expressly prohibited by law, or unless it is in contravention of any Depository Contract, may direct the City Finance Director to invest funds in accordance with the City’s Investment Policy. SECTION 4:That said Budget as attached hereto as Exhibit “A” of this Ordinance, and made a part hereof for all purposes, is hereby approved in all respects and is adopted as the City’s budget for the fiscal year beginning October 1, 2021, and ending September 30, 2022. SECTION 5:The fact that the fiscal year begins on October 1, 2021, requires that this Ordinance be effective upon its passage and adopted to preserve the public peace, property, health and safety, and shall be in full force and effect from and after its passage and adoption. 225 2 DULY PASSED AND APPROVED, this the 7th day of September, 2021. __________________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Steward, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney City of The Colony, Texas 226 Agenda Item No:5.6 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: David Cranford Submitting Department: Finance Item Type: Ordinance Agenda Section: Subject: Discuss and consider approving an ordinance adopting the City of The Colony tax rate of $.65 per $100 valuation on January 1, 2021; tax rate is comprised of $.49 Maintenance & Operations and $.16 General Fund Debt Service. (Miller) Suggested Action: Tax rate is above the No New Revenue Rate of $.631940. Special wording is required. " I move that the property tax rate be increased by the adoption of a tax rate of $.65, which is effectively a 3% increase in the tax rate". Attachments: Ord. 2021-xxxx FY21-22 Tax Rate Amendment.doc 227 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - _________ ADOPT TAX RATE FOR FISCAL YEAR 2021-2022 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE FISCAL YEAR 2021-2022 AT A RATE OF $.65 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2021; TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. BE IT SO ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1:That there be and is hereby levied for the fiscal year 2021-2022, on all taxable property, real, personal and mixed, situated within the limits of the city of The Colony, Texas, and not exempt by the Constitution of the State and valid State laws, a tax of $.65 on each One Hundred Dollars ($100) assessed value of taxable property, and shall be apportioned and distributed as follows: (a)For the purpose of defraying the current expenses of municipal government of the City, a tax of $.49 on each One Hundred Dollars ($100) assessed value of all taxable property. (b)For the purpose of creating a sinking fund to pay interest and principal on all outstanding bonds of the City, not otherwise provided for, a tax of $.16 on each One Hundred Dollars ($100) assessed value of all taxable property, within the City, which shall be applied to the payment of such interest and maturities of all outstanding bonds. SECTION 2:That all ad valorem taxes shall become due and payable on October 1, 2021 and all ad valorem taxes for the year shall become delinquent after January 31, 2022. There shall be no discount for payment of taxes prior to said January 31, 2022. If any person fails to pay the ad valorem taxes on or before the 31st day of January 2022, the following penalties shall be payable thereon, to-wit: During the month of February, seven percent (7%); during the month of March, nine percent (9%); during the month of April, eleven percent (11%); during the month of May, thirteen percent (13%); during the month of June, fifteen percent (15%); and on or after the 1st day of July, eighteen percent (18%). 228 2 SECTION 3:Taxes are payable at the Denton County office of the tax collector who on behalf of The Colony collects ad valorem taxes for The Colony. The City shall have available all rights and remedies provided by law for enforcement of the collection of taxes levied under this ordinance. SECTION 4:That the tax rolls, as presented to the City Council, together with any supplement thereto, be, and the same are hereby approved. SECTION 5:The fact that it is necessary that this ordinance be enacted in order to authorize the collection of ad valorem taxes for the fiscal year 2021-2022, this ordinance shall take effect from and after its passage as the law in such cases provides. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 7TH DAY OF SEPTEMBER, 2021. __________________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: __________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: City Attorney City of The Colony, Texas 229 Agenda Item No:5.7 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: David Cranford Submitting Department: Finance Item Type: Ordinance Agenda Section: Subject: Discuss and consider approving an ordinance levying of the Public Improvement District Annual Assessment on properties located within the City of The Colony Public Improvement District No. 1. for the Fiscal Year 2021-22. (Maurina) Suggested Action: 2021 assessment of Grandscape properties for maintenance. Attachments: pid summary 21-22.pdf 2021-22 Preliminary PID #1 Assessment Workbook 2 (Autosaved).xlsx 230 231 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 270,160.58 232 668-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@F00F1362.xlsx 233 668-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@F00F1362.xlsx 234 668-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@F00F1362.xlsx 235 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 07/20/21 236 31,400.00 31,400.00 237 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 86.502 238 Agenda Item No:5.8 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider a resolution approving a Private Transfer Agreement (Grant by Special Warranty Deed) by and between The Colony Local Development Corporation and LMG Ventures, LLC, conveying an approximately 58,501 square feet or 1.3430 acres of land consisting of Lot 2, Block J of the Grandscape Addition, an addition to the City of The Colony, Denton County, Texas (Maurina) Suggested Action: Attachments: Res. 2021-xxx Private Transfer Agreement-Grant by Special Warranty Deed-LMG Ventures LLC - Velvet Taco Restaurant.docx 239 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 -__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF A PRIVATE TRANSFER AGREEMENT (GRANT BY SPECIAL WARRANTY DEED) BY AND BETWEEN THE COLONY LOCAL DEVELOPMENT CORPORATION AND LMG VENTURES, LLC, A TEXAS LIMITED LIABILITY COMPANY, CONCERNING THE CONVEYANCE OF LOT 2, BLOCK J OF THE GRANDSCAPE ADDITION, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, CONCERNING AN APPROXIMATELY 58,510 SQUARE FEET OR 1.3430 ACRES OF LAND; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, The Colony Local Development Corporation (hereinafter referred to as the “LDC”) has been created and organized as a public, nonprofit local government corporation incorporated pursuant to Subchapter D of Chapter 431, Texas Transportation Code, as amended to aid, assist and act on behalf of the City of The Colony, Texas (hereinafter referred to as the “City”) in the performance of the City’s governmental functions; and WHEREAS,LDC is the sole owner of the approximately 58,510 square feet or 1.3430 acres of land subject to the Private Transfer Agreement (Grant by Special Warranty Deed), a copy of which is attached hereto as Exhibit A, pursuant to Instrument Numbers 2014-30675, 2014- 30676, and 2014-30677 filed and recorded in the Real Property Records of Denton County, Texas; and WHEREAS,on or about September 7, 2021, the Board of Directors of the LDC approved the Private Transfer Agreement (Grant by Special Warranty Deed) a copy of which is attached hereto as Exhibit A, conveying approximately 58,501 square feet or 1.3430 acres of land consisting of Lot 2, Block J of the Grandscape Addition, an addition to the City of The Colony, Denton County, Texas, to LMG Ventures, LLC; and WHEREAS,the form of the Private Transfer Agreement (Grant by Special Warranty Deed) was approved as part of the bond validation suit styled Ex parte The Colony, in the 53rd Judicial District Court, Travis County, Texas, Cause No. 0-1-GV-11-001995, decided January 18, 2012, Trial Exhibit No. 38; and WHEREAS, the City Council for the City of The Colony, Texas, finds and determines it is in the best interest of the City of The Colony, Texas, to approve the Private Transfer Agreement (Grant by Special Warranty Deed) by and between the LDC and LMG Ventures, LLC, a copy of which is attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: 240 Page 2 SECTION 1. The findings set forth above are hereby found to be true and correct findings of the City and are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2.The City Council of the City of The Colony, Texas, does hereby approve and authorize the President of the LDC to execute the Private Transfer Agreement (Grant by Special Warranty Deed) by and between the LDC and LMG Ventures, LLC, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes. SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Resolution, or application thereto to any persons or circumstances, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the City Council hereby declares it would have passed such remaining portions of this Resolution despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. This Resolution shall become effective immediately upon passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 7TH day of SEPTEMBER, 2021. Joe McCourry, Mayor ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 241 Exhibit A Private Transfer Agreement (Grant by Special Warranty Deed) [Lot 2, Block J of the Grandscape Addition, an addition to the City of The Colony, Denton County, Texas] [58,501 Square Feet or 1.3430 Acres of Land] 242 243 Agenda Item No:5.9 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Ordinance Agenda Section: Subject: Discuss and consider approving an ordinance canceling the November 2, 2021 Mayoral Election and declaring the unopposed candidate for mayor elected to office. (Council) Suggested Action: Attachments: Ord. 2021-xxxx Declaring Unopposed Candidates Nov Election.docx 244 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, DECLARING THE UNOPPOSED CANDIDATE FOR MAYOR IN THE NOVEMBER 2, 2021 GENERAL ELECTION ELECTED TO OFFICE; CANCELLING THE MAYORAL ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the general election for the City of The Colony, Texas (“City”) was called for November 2, 2021, for the purpose of electing single member district members to the City Council of the City; and WHEREAS,the City Secretary has certified in writing that there is no proposition on the ballot, that no person has made a declaration of write-in candidacy, and that the candidate for Mayor is unopposed for election to office; and WHEREAS,under these circumstances, Section 2.053 the Texas Election Codeauthorizes the City Council to declare the candidate elected to office and cancel the election. NOW, THEREFORE, BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Election of Unopposed Candidates. The following candidate, who is unopposed in the November 2, 2021 general election, is declared elected to office, and shall be issued a certificate of election following the time the election would have been canvassed: Richard Boyer, Mayor SECTION 3: Cancellation of Election. The November 2, 2021 general election for City Council is cancelled, and the City Secretary is directed to cause a copy of this Ordinance to be posted on Election Day at each polling place that would have been used in the election. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause and/or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional or invalid SECTION 5: Effective Date.This Ordinance shall become effective immediately upon its adoption. 245 PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 7th day of September 2021. _____________________________________ Joe McCourry, Mayor ATTEST: Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 246 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 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 to seek legal advice from the city attorney regarding hotel project and Chapter 1205 declaratory judgment action concerning the City’s receipt of certain state tax revenues, including the state’s sales and use tax, hotel occupancy tax, mixed beverage taxes, and related matters. B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code regarding commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). C. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge. D. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. E. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Suggested Action: Attachments: 247 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: September 7, 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 hotel project and Chapter 1205 declaratory judgment action concerning the City’s receipt of certain state tax revenues, including the state’s sales and use tax, hotel occupancy tax, mixed beverage taxes, and related matters. B. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). C. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge. D. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. E. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Suggested Action: Attachments: 248