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Home My WebLink About2021 1006Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 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: 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to staff regarding the intersection of FM 423 and West Lake Highlands. (Powell) Suggested Action: Attachments: 6 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to staff regarding the LPGA request to reschedule the 2022 VOA Classic to September 26th through October 2nd. (Baxter) Suggested Action: Attachments: 7 Agenda Item No:3.3 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Discuss Public Information Requests Quarterly Report as presented for Council review. (Council) Suggested Action: Attachments: PIR Quarterly Report.pdf 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Agenda Item No:3.4 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 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: 25 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for September 21, 2021. (Stewart) Suggested Action: Attachments: September 21, 2021 DRAFT Minutes.docx 26 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 SEPTEMBER 21, 2021 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:34 p.m. on the 21 st day of September 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 Absent (Business) Absent (Business) Present Present Present Present Present And with 5 council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Deputy Mayor Pro Tem Boyer called the meeting to order at 6:34 p.m. 1.2 Invocation Councilmember Schrag delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Items of Community Interest None 2.0 CITIZEN INPUT James Such, 4029 Pear Ridge Drive, submitted public comment via email with a letter of his concerns for Council. Mr. Such provided discussion on the installation of traffic lights at intersection of Standridge Drive and Memorial Drive. 3.0 WORK SESSION 3.1 Receive a presentation from the Convention & Visitors Bureau/Communications regarding "The Colony Culture: Andretti's Games" video. 27 City Council – Regular Meeting Agenda September 21, 2021 Page| 2 Tourism and Visitors Bureau Manager, Mariko Lanicek, Communications Manager, Blaine Crimmins and Multimedia Specialist, Aaron Pryor, presented this item to Council. 3.2 Receive a presentation concerning outdoor kennel improvements to The Colony Animal Shelter made possible through a private donation. Director of Community Relations and Programming, Joe Perez, provided an overview on this item. Cody McKinley with McKinley Construction Management was available for questions from Council. 3.3 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Marks; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for September 7, 2021. 4.2 Consider approving Jarred Alford’s resignation from the Technologies Board. 4.3 Consider approving a resolution authorizing the City Manager to execute a communications service agreement with the City of Fort Worth to permit access for Fire Department to program Tarrant County fire operations talk groups into department radios. RESOLUTION NO. 2021-061 4.4 Consider approving a resolution authorizing the City Manager to execute a License and Use Agreement with Triple T Amusements for the 2021, 2022 and 2023 American Heroes events, and authorize extended hours of operation. RESOLUTION NO. 2021-062 5.0 REGULAR AGENDA ITEMS 28 City Council – Regular Meeting Agenda September 21, 2021 Page| 3 Executive Session was convened at 7:40 p.m. 6.0 EXECUTIVE SESSION 6.1.A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding 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 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. C. 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). **ITEM REMOVED FROM AGENDA WITHOUT DISCUSSION** Regular Session was reconvened at 7:39 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 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. No Action B. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Manager. No Action C. 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 7:40 p.m. 29 City Council – Regular Meeting Agenda September 21, 2021 Page| 4 APPROVED: __________________________________ Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC, CMC City Secretary 30 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for the month of August 2021. (Council) Suggested Action: Attachments: Council August Expenditures.pdf 31 32 33 34 35 36 37 38 39 40 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: David Cranford Submitting Department: Finance Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an interlocal agreement with the City of Plano for the purchase of goods and services. (Cranford) Suggested Action: An interlocal agreement with Plano will help the City better utilize vendors in North Texas. Attachments: Plano Interlocal.pdf Res. 2021-xxx Interlocal Agreement with City of Plano.docx 41 COOPERATIVE PURCHASING AGREEMENT PAGE 1 Z:\CONTRACTS\Cooperative Purchasing Agreements (271)\City of The Colony, Texas\City of The Colony, Texas.docx (9/28/21 IF) COOPERATIVE PURCHASING PROGRAM AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS AND THE CITY OF THE COLONY, TEXAS THIS AGREEMENT is made and entered into by and between the CITY OF PLANO, TEXAS, a home-rule municipal corporation located in Denton and Collin Counties, Texas (hereinafter referred to as “Plano”), and the CITY OF THE COLONY, a local municipality located in Denton County, Texas (hereinafter referred to as “The Colony”). WHEREAS, this Agreement is authorized by Subchapter F, Chapter 271 of the Texas Local Government Code; and WHEREAS, Section 271.l02 of the Texas Local Government Code, authorizes local governments to participate in cooperative purchasing programs with other local governments to purchase goods or services off contracts currently existing between another local government and a vendor, and such process satisfies the state law competitive bid requirements; and WHEREAS, each party has and will, on an annual basis, obtain competitive bids for the purchase of goods and services; and WHEREAS, Plano and The Colony desire to enter into a cooperative purchasing program which will allow each party to purchase goods and services under each other’s competitively bid contracts pursuant to Subchapter F, Chapter 271 of the Texas Local Government Code; and NOW, THEREFORE, Plano and The Colony, for the mutual consideration hereinafter stated, agree as follows: I. EFFECTIVE DATE/TERM This Agreement shall be effective upon execution by the parties. This Agreement shall continue in effect on an annual basis, unless one of the parties indicates in writing to the other party their intent to terminate this Agreement pursuant to Section IV. before the end of the contract year in question. II. DUTIES OF PLANO Plano agrees to participate in The Colony's cooperative purchasing program, and agrees that it may buy goods and services from those vendors that The Colony solicits for competitive bids. Plano also agrees to prepare, execute, and administer its own contract for the goods or services in question with the vendor at the prices bid and accepted by The Colony, and The Colony shall not be a party to the agreement between vendor and Plano. The Colony shall have no obligations for payment to vendor for any services or 42 COOPERATIVE PURCHASING AGREEMENT PAGE 2 Z:\CONTRACTS\Cooperative Purchasing Agreements (271)\City of The Colony, Texas\City of The Colony, Texas.docx (9/28/21 IF) goods incurred by any party other than The Colony. Any payments owed the vendor for services or goods shall be paid directly by Plano. Plano will be responsible for the vendor’s compliance with provisions relating to the quality of items and terms of delivery, warranty enforcement, and any other terms or conditions of its agreement with the vendor. III. DUTIES OF THE COLONY The Colony agrees to participate in the Plano cooperative purchasing program, and agrees that it may buy goods and services from those vendors that Plano solicits for competitive bids. The Colony also agrees to prepare, execute, and administer its own contract for the goods or services in question with the vendor at the prices bid and accepted by Plano, and Plano shall not be a party to the agreement between vendor and The Colony. Plano shall have no obligations for payment to vendor for any services or goods incurred by any party other than Plano. Any payments owed the vendor for services or goods shall be paid directly by The Colony. The Colony will be responsible for the vendor’s compliance with provisions relating to the quality of items and terms of delivery, warranty enforcement, and any other terms or conditions of its agreement with the vendor. IV. TERMINATION This Agreement may be terminated at any time, with or without cause, by either party giving thirty (30) days advance written notice to the other party. V. NOTICE Notice as required by this Agreement shall be in writing delivered to the parties by facsimile or certified mail at the addresses listed below. Each party shall notify the other in writing within ten (10) days of any change in the information listed in this paragraph. PLANO THE COLONY Diane Palmer-Boeck Cherise De Los Santos Director of Procurement and Project Management Purchasing Manager 1520 K Avenue, Suite 370 6800 Main Street Plano, Texas 75074 City of The Colony, Texas 75056 Telephone: (972) 941-7557 Telephone: (972) 624-3145 Facsimile: (972) 461-6826 VI. HOLD HARMLESS; MUTUAL RESPONSIBILITY Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney’s fees, including all expenses of litigation or settlement, or causes of 43 COOPERATIVE PURCHASING AGREEMENT PAGE 3 Z:\CONTRACTS\Cooperative Purchasing Agreements (271)\City of The Colony, Texas\City of The Colony, Texas.docx (9/28/21 IF) action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. Plano and The Colony agree and acknowledge that this Agreement does not create a joint venture, partnership, or joint enterprise, and that each party is not an agent of the other entity and that each party is responsible in accordance with the laws of the State of Texas for its own negligent or wrongful acts or omissions and for those of its officers, agents or employees in conjunction with the performance of services covered under this Agreement, without waiving any governmental immunity available to Plano or The Colony under Texas law and without waiving any defenses of Plano or The Colony under Texas law. The provisions of this section are solely for the benefit of Plano and The Colony and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. VII. ENTlRE AGREEMENT This Agreement (with all referenced Exhibits, attachments, and provisions incorporated by reference) embodies the entire agreement of both parties, superseding all oral or written previous and contemporary agreements between the parties relating to matters set forth in this Agreement. This Agreement cannot be modified without written supplemental agreement executed by both parties. VIII. VENUE; GOVERNING LAW Exclusive venue in the event litigation is required to enforce rights or responsibilities under this Agreement shall be in Collin County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas, without regard to conflict of law or choice of law principles of Texas or of any other state. IX. SEVERABILITY The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice of its intent to terminate. 44 COOPERATIVE PURCHASING AGREEMENT PAGE 4 Z:\CONTRACTS\Cooperative Purchasing Agreements (271)\City of The Colony, Texas\City of The Colony, Texas.docx (9/28/21 IF) X. AUTHORITY TO SIGN/COUNCIL AUTHORIZATION The undersigned officers and agents of the parties to this Agreement are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. The Colony has executed this Agreement pursuant to the duly authorized The Colony City Council Resolution No. 03-22 dated September 8, 2003. Plano has executed this Agreement pursuant to the duly authorized Plano City Council Resolution No. 2016-6-5(R) dated June 13, 2016. XI. ASSIGNMENT AND SUBLETTING The parties agree that the rights and duties contained in this Agreement will not be assigned or sublet without the prior written consent of both parties. XII. INTERPRETATION OF AGREEMENT This is a negotiated Agreement. If any part of this Agreement is in dispute, the parties stipulate that the Agreement shall not be construed more favorably for either party. XIII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver of those rights or of any breach of this Agreement. XIV. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. XV. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. If this Agreement is executed in counterparts, then it shall become fully executed only as of the execution of the last such counterpart called for by the terms of this Agreement to be executed. 45 COOPERATIVE PURCHASING AGREEMENT PAGE 5 Z:\CONTRACTS\Cooperative Purchasing Agreements (271)\City of The Colony, Texas\City of The Colony, Texas.docx (9/28/21 IF) XVI. EFFECTIVE DATE This Agreement shall be effective from and after the date of execution by the last signatory hereto as evidenced below. IN WITNESS WHEREOF, the parties have executed this Agreement by signing below. CITY THE COLONY, TEXAS Date: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: CITY OF PLANO, TEXAS Date: By: Diane Palmer-Boeck DIRECTOR OF PROCUREMENT AND PROJECT MANAGEMENT APPROVED AS TO FORM: Paige Mims, CITY ATTORNEY 46 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO APPROVE AN INTERLOCAL AGREEMENT WITH THE CITY OF PLANO; 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 an interlocal agreement with the City of Plano. 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 O9F THE COLONY, TEXAS THIS 6TH DAY OF OCTOBER 2021. ______________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 47 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Tina Stewart Submitting Department: Fire Item Type: Ordinance Agenda Section: Subject: Consider approving an ordinance amending Chapter 9, Article III of the Code of Ordinances, by amending Section 9-40(B), entitled "International Fire Code Adopted"; by adopting local amendments for Section 110.4, 907.6.3.2, 907.6.3.3, and 1103.7.7 of the International Fire Code. (Thompson) Suggested Action: Attachments: Ord. 2021-xxxx International Fire Code - 2018 Edition Amendments.docx 48 Page 1 of 3 CITY OF THE COLONY, TEXAS ORDINANCE NO.2021 - _________ 2018 INTERNATIONAL FIRE CODE AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 9, ARTICLE III, OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING SECTION 9-40(B), ENTITLED “INTERNATIONAL FIRE CODE ADOPTED,” BY ADOPTING LOCAL AMENDMENTS FOR SECTION 110.4, 907.6.3.2,907.6.3.3, AND 1103.7.7 OF THE INTERNATIONAL FIRE CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council of the City of The Colony, Texas, is of the opinion that the 2018 Edition of the International Fire Code should be amended by adopting local amendments for Section 110.4, 907.6.3.2, 907.6.3.3, and 1103.7.7 of the International Fire Code the City of The Colony, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 9, Article III, Section 9-40(b), by amending and/or adding sections 110.4, 907.6.3.2, 907.6.3.3, and 1103.7.7 of the International Fire Code to read as follows: . . . “Sec. 110.4 Violations penalties. Any person, firm, or corporation violating any of the provisions or terms of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense.” . . . “Sec. 907.6.3.2 Communication Requirements. All alarm systems, new or replacement, shall transmit alarm, supervisory and trouble signals descriptively to the approved central station, remote supervisory station or proprietary supervising station as defined in NFPA 72, with the device designation and location of addressable device 49 Page 2 of 3 identification. Alarms shall not be permitted to be transmitted as a General Alarm or Zone condition. The alarm system shall be re-settable at the dispatched location. Sec. 907.6.3.3 Flow detectors and electronic monitoring. Sprinkler and standpipe system water flow detectors shall be provided for each floor zone to the sprinkler system and shall cause an alarm upon detection of water flow for a minimum of 45 seconds and not more than 90 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a trouble signal at the central station upon tampering. . . . 1103.7.7 Fire Alarm System Design Standards. Where an existing fire alarm system is upgraded or replaced, the devices shall be addressable. Fire alarm systems utilizing more than 10 smoke and/or heat detectors shall have analog initiating devices. Exception: Existing systems need not comply unless the total building, or fire alarm system, remodel or expansion exceeds 25% of the building. When cumulative building, or fire alarm system, remodel or expansion initiated after the date of original fire alarm panel installation exceeds 40% of the building, or fire alarm system, the fire alarm system must comply within 12 months of permit application.” SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. 50 Page 3 of 3 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6 TH DAY OF OCTOBER 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:4.5 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Pam Nelson Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order for a Ventrac 4500 tractor mower in the amount of $53,978 by CDC and Lake Parks Funds. (Nelson) Suggested Action: The tractor was approved in the 21-22 CIP for $60k. The tractor will be used to mow CDC and Lake Parks grounds. Attachments: The Colony Ventrac Quote.pdf Res. 2021-xxx Parks PO of Mower.docx 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO VENTRAC, FOR THE PURCHASE OF A P4500 MOWER WITH ATTACHMENTS; 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 the purchase of a Ventrac 4500 grass mower and attachments for the Parks Department. Section 2. That the City Manager or his designee is authorized to approve the purchase order to Ventrac in the amount of $53,978.00 by CDC and Lake Parks Funds for the purpose of purchasing the above referenced equipment. 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 6TH DAY OF OCTOBER, 2021. ______________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeff Moore, City Attorney 73 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance regarding a Site Plan application for a 166-unit single-family rental (multi-family "greencourt") community known as “BB Living at The Tribute” on an approximately 23.866 acre tract of land located at the northwest intersection of Lebanon Road and Scotty's Lake Lane within the Planned Development District 23 (PD-23) zoning district. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations Attachments: SP21-0001 CC Staff Report BB Living Site Plan (final).pdf SP21-0001.pdf Exhibit A.pdf Tribute Dev Plan narrative (final).pdf Ord. 2021-xxxx BB Living at The Tribute.doc 74 CITY COUNCIL REPORT AGENDA DATE: October 6, 2021 DEPARTMENT: Development Services Department SUBJECT – SP21-0001 BB Living at The Tribute – Site Plan Discuss and consider an ordinance regarding a Site Plan application regarding a Site Plan application for a 166-unit single-family rental (multi-family "greencourt") community known as “BB Living at The Tribute” on an approximately 23.866 acre tract of land located at the northwest intersection of Lebanon Road and Scotty's Lake Lane within the Planned De velopment District 23 (PD-23) zoning district. APPLICANT/OWNER Owner: BB Living Residential Scottsdale, Arizona Applicant: JBI Partners, Inc Carrollton, Texas EXISTING CONDITION OF PROPERTY The subject site is currently an approximately 23.866 acre tract of undeveloped land within the Tribute West portion PD 23 of the Tribute master planned community the developing community with residential single-family subdivision, golf course and other common area amenities. ADJACENT ZONING AND LAND USE North - Planned Development-23 The Tribute (undeveloped) South - Planned Development-18 The Tribute (Stonehaven) East- Planned Development-23 The Tribute (Strike Middle School) West- Planned Development-23 The Tribute (Westbury) PROPOSED REQUEST The applicant requests site plan approval reflecting the proposed location of private streets, fire lanes, access, water, detention and utility easements amenities and open space for the development of a 166-unit single-family rental development. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) recommends approval of the site plan for the 166 -unit single-family rental development. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On September 14, 2021, The Colony's Planning and Zoning Commission recommended (6-0) to approve the site plan for the 166-unit single-family rental development. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Site Plan Ordinance with Development plans 4. Narrative 75 Land Use Analysis The subject is part of a larger section of the overall development of “Tribute West” (PD -23) identified as “Tract 1.” The original Tribute West PD (ordinance no. 09-1802) identified 3 tracts; “Tract 2” contained the large majority of residential developme nt, “Tract 3” reflected the intent to establish a “town center” and the aforementioned “Tract 1” offered a mix of traditional residential and nonresidential development. “Tract 1” reflected the intent to develop as a “commercial center” located at the entry of the PD District. Uses within “Tract 1” include commercial uses, retail, restaurants, offices, and similar uses; multi -family development had been contemplated in either garden or mid-rise configurations. Ordinance 2021-2442 modified the use allocations within a 23.866 acre area of "Tract 1” of Planned Development 23 and established Tract “Tract 1A” to accommodate the development of 166-unit single-family rental development. Ordinance 2021-2442 defines the multi-family (greencourt) use as: Three or more dwelling units located on one lot and for which no individual building contains more than one unit. The development within Tract 1A is intended to resemble a traditional single- family neighborhood but is not to be platted as a traditional single-family neighborhood." The developer has emphasized the intent to be consistent with the surrounding residential development indicating that the “project should have the character of a traditional, single –family neighborhood.” [That] “many of the design elements and architectural styles found in the Tribute’s for-sale villages so that the aesthetics in the new development are seamless when viewed in comparison to other neighborhoods within the larger community.” The Site Plan reflects the intent to develop on a single lot with no individual lots as found in traditional residential development, therefore minimum distances (setbacks) are established between each unit and the private drives or public streets. The building front yard depths vary as lots will either face internal courtyards and amenities, internal private streets or “residential” collector streets (Scotty’s Lake Lane and Bankside); units are separated by ten (10’) side yard setbacks. The rear setback depths vary, but may be as shallow as three (3’) feet from the rear access aisle (alley). A three-foot setback will not accommodate tandem or parallel parking without encroaching into the rear access aisle. Accordingly, the applicant has stated that occupants are required to park in the garages or assigned spaces in designated areas. Garages shall be a minimum of 440 square feet to provide for a residents’ storage needs. Further, the rear access aisles are widened to thirty-one (31’) feet in most sections to accommodate emergency response vehicles and temporary parking adjacent to the unit. Required guest parking for the within the development may utilize parallel spaces that are at least 8 feet in width and 22 feet in length. Parking is prohibited on private mews and private drives. Parking restri ctions and enforcement will be addressed by the development’s property management group. The Site Plan reflects the units will range between 1,800 and 2,450 square feet, laid out in a traditional single-family configuration with a mix of three and four be droom floor plans with rear accessed attached two-car garages. Notable elements of the development include amenity areas, internal and perimeter walking paths, water features, mews units and courtyards. Access is provided by private internal streets that will connect to Lebanon Road and the future Bankside Lane (no access is provided to Scotty’s Lake Lane). 76 The Landscape Plan reflects a design consistent with contemporary urban single -family development. The site contains large canopy tree plantings along the majority of the internal walkways and parking and along the Scotty’s Lake Lane and Bankside perimeter. Each dwelling unit has a flower bed with ground cover and low-level shrubs to accent the front facades. Larger areas of vegetation are planted within the courtyards and amenity areas. The Building Elevation plans reflect the intent to construct a mix of three and four bedroom layouts within single and two-story units. Each unit will contain designs consisting of front façades onto public perimeter streets, internal private streets or internal courtyards; garages are accessed by private access aisles (alleys). The elevations reflect architectural style consistent with the Tribute community, including styles such as European Eclectic, English Cottage and English Tudor and Colonial. The unit designs primarily consist of masonry brick and stone in earth tones and accents similar to those found in the Tribute. Infrastructure Improvements No further Traffic Impact Analysis was deemed necessary and t he City is not planning any specific public infrastructure improvements for this area. The threshold to prompt the installation of a deceleration/ right -turn lane at Lebanon Road and Leyton (primary entrance from Lebanon Road) was not met; no deceleration/ right-turn lane will be installed. Evaluation of future conditions was provided by the applicant- JBI partners, City Staff and the City’s approved traffic consultant. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) recommends to approve the Site Plan. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On September 14, 2021, The Colony's Planning and Zoning Commission recommended (6-0) to approve the site plan for the 166-unit single-family rental development. 77 WEMBL EYWEMBL EYWW II NN CC HH EE SS TT EE RR LL EE BB AA NN OONN RR DD BB OO NN NN YY BB AA NN KK WW EE SS TTEE RR NN SS CC OO TT TT YY SS LL AA KK EE LL NN HH AA VV EERRHHIILLLLM E L R O S EMELROSE B A N K S I D E B A N K S I D E COL BURNCOL BURNS C O T T Y S L A K E L N S C O T T Y S L A K E L N WEMBL EYWEMBL EYWWEESSTTEE RR NN HH AA VV EE RR HHIILLLLLL EE BB AA NN OO NN RR DDMELROSEMELROSE LAKE TRAVIS DRLAKE TRAVIS DRB A N K S I D E B A N K S I D E 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. /Projec t No. SP 21-0001 - Project N ame: BB Living at The Tribute 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 78 ∆ ∆ ∆ ∆ REVISIONS DURING CONSTRUCTIONNO.BY DATE PROJECT NO. SHEET NO. DESIGNED BY: DRAWN BY: CHECKED BY:Plotted by: nwolf Plot Date: 9/9/2021 7:48 AMDrawing: H:\Projects\BBL001-23 Acres in Tribute\Phase 1\Engineering\dwg\bbl001-prelim-SP.dwg Saved By: nwolf Save Time: 9/9/2021 7:47 AMPRELIMINARY FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES ENGINEER:_________________________________ P.E. No.________________Date:________________ Young Wook Choi, P.E. 135153 05-19-2021 2121 Midway Road Suite 300 Carrollton, Texas 75006 972.248.7676 TBPE No. F-438 TBPLS No. 10076000 PROJECT LOCATION 79 67' REVISIONS DURING CONSTRUCTIONNO.BY DATE PROJECT NO. SHEET NO. DESIGNED BY: DRAWN BY: CHECKED BY:Plotted by: nwolf Plot Date: 9/9/2021 7:36 AMDrawing: H:\Projects\BBL001-23 Acres in Tribute\Phase 1\Engineering\dwg\bbl001-prelim-SP.dwg Saved By: nwolf Save Time: 9/9/2021 7:17 AMPRELIMINARY FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES ENGINEER:_________________________________ P.E. No.________________Date:________________ Young Wook Choi, P.E. 135153 05-19-2021 2121 Midway Road Suite 300 Carrollton, Texas 75006 972.248.7676 TBPE No. F-438 TBPLS No. 10076000 80 REVISIONS DURING CONSTRUCTIONNO.BY DATE PROJECT NO. SHEET NO. DESIGNED BY: DRAWN BY: CHECKED BY:Plotted by: nwolf Plot Date: 9/9/2021 7:41 AMDrawing: H:\Projects\BBL001-23 Acres in Tribute\Phase 1\Engineering\dwg\bbl001-prelim-SP.dwg Saved By: nwolf Save Time: 9/9/2021 7:17 AMPRELIMINARY FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES ENGINEER:_________________________________ P.E. No.________________Date:________________ Young Wook Choi, P.E. 135153 05-19-2021 2121 Midway Road Suite 300 Carrollton, Texas 75006 972.248.7676 TBPE No. F-438 TBPLS No. 10076000 81 REVISIONS DURING CONSTRUCTIONNO.BY DATE PROJECT NO. SHEET NO. DESIGNED BY: DRAWN BY: CHECKED BY:Plotted by: nwolf Plot Date: 9/9/2021 7:42 AMDrawing: H:\Projects\BBL001-23 Acres in Tribute\Phase 1\Engineering\dwg\bbl001-prelim-fire_access_details.dwg Saved By: nwolf Save Time: 9/9/2021 7:28 AMPRELIMINARY FOR REVIEW ONLY NOT FOR CONSTRUCTION OR PERMIT PURPOSES ENGINEER:_________________________________ P.E. No.________________Date:________________ Young Wook Choi, P.E. 135153 05-19-2021 2121 Midway Road Suite 300 Carrollton, Texas 75006 972.248.7676 TBPE No. F-438 TBPLS No. 10076000 82 landscape architects, planners & designers tbgpartners.com project project number designed: sheet title sheet 2001 bryan street dallas, tx 75201 [214] 744-0757 issue date suite 1450 drawn: reviewed: d20260 august 10, 2021 landscape site plan submittal matthews southwest SP21-0001 tribute bb living N O R T H 100'50'25' SCALE: 1"=50' 0' OVERALL LANDSCAPE PLAN PLAN1 hd, gw, vn gw, vn, bp sa overall landscape plan LSP 1.01 83 N O R T H 40'20'10' SCALE: 1"=20' 0' SITE PLAN ENLARGEMENT PLAN1 hd, gw, vn gw, vn, bp sa common area landscape plan LSP 1.02 landscape architects, planners & designers tbgpartners.com project project number designed: sheet title sheet 2001 bryan street dallas, tx 75201 [214] 744-0757 issue date suite 1450 drawn: reviewed: d20260 august 10, 2021 landscape site plan submittal matthews southwest SP21-0001 tribute bb living MATCHLINE: REF.1/LSP 1.05MATCHLINE: REF.1/LSP 1.03 84 N O R T H 40'20'10' SCALE: 1"=20' 0' SITE PLAN ENLARGEMENT PLAN1 hd, gw, vn gw, vn, bp sa common area landscape plan LSP 1.03 landscape architects, planners & designers tbgpartners.com project project number designed: sheet title sheet 2001 bryan street dallas, tx 75201 [214] 744-0757 issue date suite 1450 drawn: reviewed: d20260 august 10, 2021 landscape site plan submittal matthews southwest SP21-0001 tribute bb living MATCHLINE: REF.1/LSP 1.02MATCHLINE: REF.1/LSP 1.0385 N O R T H 40'20'10' SCALE: 1"=20' 0' SITE PLAN ENLARGEMENT PLAN1 hd, gw, vn gw, vn, bp sa common area landscape plan LSP 1.04 landscape architects, planners & designers tbgpartners.com project project number designed: sheet title sheet 2001 bryan street dallas, tx 75201 [214] 744-0757 issue date suite 1450 drawn: reviewed: d20260 august 10, 2021 landscape site plan submittal matthews southwest SP21-0001 tribute bb living MATCHLINE: REF.1/LSP 1.05MATCHLINE: REF.1/LSP 1.06MATCHLINE: REF.1/LSP 1.0386 N O R T H 40'20'10' SCALE: 1"=20' 0' SITE PLAN ENLARGEMENT PLAN1 hd, gw, vn gw, vn, bp sa common area landscape plan LSP 1.05 landscape architects, planners & designers tbgpartners.com project project number designed: sheet title sheet 2001 bryan street dallas, tx 75201 [214] 744-0757 issue date suite 1450 drawn: reviewed: d20260 august 10, 2021 landscape site plan submittal matthews southwest SP21-0001 tribute bb living MATCHLINE: REF.1/LSP 1.02MATCHLINE: REF.1/LSP 1.06MATCHLINE: REF.1/LSP 1.04 87 N O R T H 40'20'10' SCALE: 1"=20' 0' SITE PLAN ENLARGEMENT PLAN1 hd, gw, vn gw, vn, bp sa common area landscape plan LSP 1.06 landscape architects, planners & designers tbgpartners.com project project number designed: sheet title sheet 2001 bryan street dallas, tx 75201 [214] 744-0757 issue date suite 1450 drawn: reviewed: d20260 august 10, 2021 landscape site plan submittal matthews southwest SP21-0001 tribute bb living MATCHLINE: REF.1/LSP 1.05MATCHLINE: REF.1/LSP 1.0488 N O R T H 20'10'5'0' SCALE: 1"=10' AMENITY CENTER ENLARGEMENT PLAN1 hd, gw, vn gw, vn, bp sa common area landscape plan LSP 2.01 landscape architects, planners & designers tbgpartners.com project project number designed: sheet title sheet 2001 bryan street dallas, tx 75201 [214] 744-0757 issue date suite 1450 drawn: reviewed: d20260 august 10, 2021 landscape site plan submittal matthews southwest SP21-0001 tribute bb living MATCHLINE: REF.1/LSP 1.02MATCHLINE: REF.1/LSP 1.0389 hd, gw, vn gw, vn, bp sa entry sign elevation LSP 3.01 SCALE: 3/16"=1'-0" OVERALL ENTRY SIGN ELEVATION1 landscape architects, planners & designers tbgpartners.com project project number designed: sheet title sheet 2001 bryan street dallas, tx 75201 [214] 744-0757 issue date suite 1450 drawn: reviewed: d20260 august 10, 2021 landscape site plan submittal matthews southwest SP21-0001 tribute bb living SCALE: 1/2"=1'-0" ENTRY SIGN ENLARGEMENT ELEVATION2 SCALE: 1"=1'-0" CAST STONE SIGN ENLARGEMENT ELEVATION3 SCALE: 1/2"=1'-0" ENTRY SIGN SECTION SECTION4 90 SIDE ELEVATION FRONT ELEVATION hd, gw, vn gw, vn, bp sa pergola details LSP 3.02 landscape architects, planners & designers tbgpartners.com project project number designed: sheet title sheet 2001 bryan street dallas, tx 75201 [214] 744-0757 issue date suite 1450 drawn: reviewed: d20260 august 10, 2021 landscape site plan submittal matthews southwest SP21-0001 tribute bb living SCALE: 3/4"=1'-0" CAST STONE PERGOLA CAP AND BASE PLAN/ PROFILE3 SCALE: 1/2"=1'-0" CAST STONE PERGOLA CAP AND BASE PLAN/ PROFILE1SCALE: 1/2"=1'-0" PERGOLA ELEVATION ELEVATION4 SCALE: 1/2"=1'-0" PERGOLA ELEVATION ELEVATION2 91 hd, gw, vn gw, vn, bp sa plant list, notes and requirements LSP 4.01 landscape architects, planners & designers tbgpartners.com project project number designed: sheet title sheet 2001 bryan street dallas, tx 75201 [214] 744-0757 issue date suite 1450 drawn: reviewed: d20260 august 10, 2021 landscape site plan submittal matthews southwest SP21-0001 tribute bb living 92 9'-1"8'-1" 9'-1"8'-1"F.FL.T.O.PL.F.FL.T.O.PL.T.O.PL.T.O.C.F.FL.T.O.PL.9'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.F.FL.T.O.PL.F.FL.T.O.PL.10:1210:125:126" FASCIA BOARDBRICK SOLDIERCOURSEHERRINGBONEBRICKSOLDIER COURSE +1SOLDIER COURSEBRICK CORBELLINGSOLIDER COURSE +1AT HEADHEADER COURSE +1AT JAMBROWLOCK COURSE +1AT SILL1/2 RND GUTTERSOLIDER COURSEROWLOCK +1STONE ADDRESSBLOCKRUNNING BONDBRICKLOUVEREDSHUTTERSMETALPOTSHELFROWLOCK +1FROM STONESOLDIERCOURSESTRETCHERCOURSEBRICK FRAMEFLUSHFIELD STONE9'-1"8'-1" 9'-1"8'-1"T.O.C.T.O.PL.F.FL.T.O.PL.T.O.PL.F.FL.T.O.PL.F.FL.ADJACENT UNIT'S YARD ABUTS THIS SIDE4:1210:1210:12±31'-0" OVERALL HEIGHTSCALE:11/4"=1'-0"'A - EUROPEAN ECLECTIC' EXTERIOR ELEVATIONSFRONTLEFTREARRIGHTA1-41PLAN 1A ELEVATIONSNo.Date DescriptionProgress SetCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.Architecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133License StampProject Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 1 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 93 10:1210:1210:128:126" FASCIA BOARDBRICK SOLDIER COURSEHERRINGBONE BRICKHEADER COURSE +1ROWLOCK COURSE +1BRICK CORBELLINGFLUSH HEADER COURSEROWLOCK +1RUNNING BOND BRICK1/2 RND GUTTER6X10 BEAM6X6 POST W/4X4 BRACESTONE ADDRESS BLOCK9'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.F.FL.T.O.PL.F.FL.T.O.PL.METAL POTSHELF8" TALLSTONE LINTEL +1EXTEND 8" PASTWINDOW JAMBFIELD STONEFLUSH HEADERCOURSEROWLOCKCOURSE +14:128:1210:1210:12ADJACENT UNIT'S YARD ABUTS THIS SIDE10:1210:124:12±31'-0" OVERALL HEIGHT SCALE:11/4"=1'-0"'B - ENGLISH COTTAGE' EXTERIOR ELEVATIONSFRONTLEFTREARRIGHTA1-52PLAN 1B ELEVATIONSNo.Date DescriptionProgress SetCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.Architecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133License StampProject Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 1 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 94 10:128:1210:1210:128:126" FASCIA BOARD6" WOOD GRAINCOMPOSITION TRIM(HALF TIMBERING)STUCCO FINISH PANELNO SEAMSBRICK SOLDIERCOURSE +1BRICK CORBELLINGHEADER COURSE +1AT JAMBROWLOCK COURSE +1AT SILLROWLOCK COURSE +1RUNNING BOND BRICKSTONE ADDRESS BLOCKSTONE SURROUNDFIELD STONE9'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.F.FL.T.O.PL.F.FL.T.O.PL.6X6 WOODCORBELSSOLDIERCOURSE +1RUNNINGBOND BRICKFIELD STONEROWLOCKCOURSE +1BRICK FRAMEFLUSHHERRINGBONEBRICK4:1210:128:12ADJACENT UNIT'S YARD ABUTS THIS SIDE10:1210:124:12±31'-0" OVERALL HEIGHT SCALE:11/4"=1'-0"'C - ENGLISH TUDOR' EXTERIOR ELEVATIONSFRONTLEFTREARRIGHTA1-62PLAN 1C ELEVATIONSNo.Date DescriptionProgress SetCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.Architecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133License StampProject Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 1 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 95 4:12ADJACENT UNIT'S YARD ABUTS THIS SIDE4:1210:1210:129'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.F.FL.T.O.PL.F.FL.T.O.PL.6" FASCIA BOARDBRICK SOLDIERCOURSEHERRINGBONE BRICKHEADER COURSE +1ROWLOCK COURSE +1BRICK CORBELLINGSOLIDER COURSE +1AT HEADHEADER COURSE +1AT JAMBROWLOCK COURSE +1AT SILL1/2 RND GUTTERSOLIDER COURSEROWLOCK +1STONE ADDRESSBLOCKRUNNING BONDBRICKLOUVEREDSHUTTERSROWLOCK +1FROM STONESOLDIER COURSEFLUSHROWLOCK +1ROWLOCK +1FROM STONEFIELD STONE4:1210:1210:12±31'-0" OVERALL HEIGHT SCALE:11/4"=1'-0"'A - EUROPEAN ECLECTIC' EXTERIOR ELEVATIONSFRONTLEFTREARRIGHTA2-41PLAN 2A ELEVATIONSNo.Date DescriptionProgress SetCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 2 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 96 4:1210:12ADJACENT UNIT'S YARD ABUTS THIS SIDE4:1210:1210:126" FASCIA BOARDBRICK SOLDIER COURSEHERRINGBONE BRICKHEADER COURSE +1ROWLOCK COURSE +1BRICK CORBELLINGFLUSH HEADER COURSEMETAL POTSHELFROWLOCK +1RUNNING BOND BRICK1/2 RND GUTTER6X10 BEAM6X6 POST W/4X4 BRACESTONE ADDRESS BLOCK9'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.F.FL.T.O.PL.F.FL.T.O.PL.FIELD STONE8" TALLSTONE LINTEL+1 EXTEND 8"PAST WINDOWJAMBFLUSHHEADERCOURSEROWLOCKCOURSE +14:1210:1210:1210:12±31'-0" OVERALL HEIGHTSCALE:11/4"=1'-0"'B - ENGLISH COTTAGE' EXTERIOR ELEVATIONSFRONTLEFTREARRIGHTA2-52PLAN 2B ELEVATIONSNo.Date DescriptionProgress SetCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 2 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 97 4:1210:12ADJACENT UNIT'S YARD ABUTS THIS SIDE10:1210:124:126" FASCIA BOARD6" WOOD GRAINCOMPOSITION TRIM(HALF TIMBERING)STUCCO FINISH PANELNO SEAMSBRICK SOLDIERCOURSE +1BRICK CORBELLINGHEADER COURSE +1AT JAMBROWLOCK COURSE +1AT SILL1/2 RND GUTTERSTONE ADDRESS BLOCKSTONE SURROUND9'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.F.FL.T.O.PL.F.FL.T.O.PL.RUNNING BONDBRICKMETAL POTSHELFFIELD STONEROWLOCK COURSEFLUSHHEADER COURSEFLUSHROWLOCK COURSE +14:1210:1210:1210:12±31'-0" OVERALL HEIGHT SCALE:11/4"=1'-0"'C - ENGLISH TUDOR' EXTERIOR ELEVATIONSFRONTLEFTREARRIGHTA2-62PLAN 2C ELEVATIONSNo.Date DescriptionProgress SetCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 2 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 98 12:1212:12ADJACENT UNIT'S YARD ABUTS THIS SIDE12:128:1212:129'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.F.FL.T.O.PL.F.FL.T.O.PL.6" FASCIA BOARDBRICK SOLDIERCOURSEHERRINGBONEBRICKSOLDIER COURSE +1SOLDIER COURSEBRICK CORBELLINGSOLIDER COURSE +1AT HEADHEADER COURSE +1AT JAMBROWLOCK COURSE +1AT SILL1/2 RND GUTTERSTONE ADDRESSBLOCKRUNNING BONDBRICKLOUVEREDSHUTTERSROWLOCK +1FROM STONE12:12WOOD CORBELAND BEAMSTRETCHERCOURSEBRICK FRAMEFLUSHFIELD STONESOLDIER COURSE12:12±34'-0" OVERALL HEIGHTSCALE:11/4"=1'-0"'A - EUROPEAN ECLECTIC' EXTERIOR ELEVATIONSFRONTLEFTREARRIGHTA3-41PLAN 3A ELEVATIONSNo.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 3 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 99 12:1212:12ADJACENT UNIT'S YARD ABUTS THIS SIDE12:1212:128:126" FASCIA BOARDBRICK SOLDIER COURSEHERRINGBONE BRICKHEADER COURSE +1ROWLOCK COURSE +1BRICK CORBELLINGRUNNING BOND BRICK1/2 RND GUTTER6X10 BEAM6X6 POST W/4X4 BRACESTONE ADDRESS BLOCK9'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.T.O.PL.F.FL.T.O.PL.8" TALLSTONE LINTEL +1EXTEND 8" PASTWINDOW JAMBLOUVERED SHUTTERMETAL POTSHELFFIELD STONEWOOD CORBELAND BEAMFLUSH HEADERCOURSEROWLOCK COURSE +112:1212:128:1212:1212:12±34'-0" OVERALL HEIGHTSCALE:11/4"=1'-0"'B - ENGLISH COTTAGE' EXTERIOR ELEVATIONSA3-52PLAN 3B ELEVATIONSNo.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 3 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 FRONTLEFTREARRIGHT100 12:12ADJACENT UNIT'S YARD ABUTS THIS SIDE8:1212:1212:126" FASCIA BOARD6" WOOD GRAINCOMPOSITION TRIM(HALF TIMBERING)STUCCO FINISH PANELNO SEAMSBRICK SOLDIERCOURSE +1BRICK CORBELLINGHEADER COURSEFLUSHHEADER COURSE +1AT JAMBROWLOCK COURSE +1AT SILLSTONE SURROUNDSTONE ADDRESSBLOCK9'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.F.FL.T.O.PL.F.FL.T.O.PL.RUNNING BONDBRICKMETAL POTSHELFFIELD STONESOLDIER COURSEFLUSHHEADER COURSEFLUSHROWLOCKCOURSE +112:1212:1212:12±34'-0" OVERALL HEIGHTSCALE:11/4"=1'-0"'C - ENGLISH TUDOR' EXTERIOR ELEVATIONSA3-62PLAN 3C ELEVATIONSNo.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 3 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 FRONTLEFTREARRIGHT101 12:126' FENCE LINEPLAN 3C ENHANCEDELEVATIONA3-63BUILDING#No.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 3 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004LEFTSCALE:11/4"=1'-0"'C - ENGLISH TUDOR' EXTERIOR ENHANCED ELEVATIONS102 ADJACENT UNIT'S YARD ABUTS THIS SIDE7:127:124:12SMOOTHWOOD TRIMFRIEZEPAINTEDSMOOTHCOLUMNSTONEADDRESSBLOCKROWLOCKCOURSE +1FIELD STONE9'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.T.O.PL.F.FL.T.O.PL.SOLDIERCOURSE +1SMOOTH WOODTRIM AROUNDWINDOWROWLOCKCOURSE +16" FASCIA BOARD w/1/2 ROUND GUTTERSMOOTH WOOD TRIMFRIEZELOUVEREDSHUTTER±26'-0" OVERALL HEIGHTSCALE:11/4"=1'-0"'D - COLONIAL' EXTERIOR ELEVATIONSFRONTLEFTREARRIGHTA4-41PLAN 4D ELEVATIONSNo.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 4 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 103 9'-1"8'-1" 9'-1"8'-1"T.O.C.T.O.PL.F.FL.T.O.PL.T.O.PL.F.FL.T.O.PL.F.FL.4:124:1212:12ADJACENT UNIT'S YARD ABUTS THIS SIDE4:1212:128:126" FASCIABOARDBRICK SOLDIERCOURSEHERRINGBONEBRICKHEADERCOURSE +1ROWLOCKCOURSE +16" FASCIABOARDw/ 1/2 ROUNDGUTTERBRICKCORBELLINGFLUSH HEADERCOURSEROWLOCKCOURSE +1RUNNING BONDBRICK6X10 BEAM6X6 POST W/4X4 BRACESTONEADDRESSBLOCKMETALPOTSHELF9'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.F.FL.T.O.PL.F.FL.T.O.PL.FIELD STONE8" TALL STONELINTEL +1 EXTEND 8"PAST WINDOW JAMBFLUSHHEADERCOURSEROWLOCKCOURSE +18:128:129'-1"8'-1" 9'-1"8'-1"T.O.C.T.O.PL.F.FL.T.O.PL.T.O.PL.F.FL.T.O.PL.F.FL.4:124:124:1212:124:124:1212:128:12±32'-0" OVERALL HEIGHTSCALE:11/4"=1'-0"'B - ENGLISH COTTAGE' EXTERIOR ELEVATIONSA4-52PLAN 4B ELEVATIONSNo.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 4 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 FRONTLEFTREARRIGHT104 8:128:124:124:124:1212:126' FENCE LINEPLAN 4B ENHANCEDELEVATIONA4-53BUILDING#SCALE:11/4"=1'-0"'B - ENGLISH COTTAGE' EXTERIOR ENHANCED ELEVATIONSNo.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 4 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004LEFT 105 8:124:124:129'-1"8'-1" 9'-1"8'-1"T.O.C.T.O.PL.F.FL.T.O.PL.T.O.PL.F.FL.T.O.PL.F.FL.ADJACENT UNIT'S YARD ABUTS THIS SIDE12:128:124:12BRICKSOLDIERCOURSEHERRINGBONEBRICKROWLOCKCOURSE +1AT HEADERHEADERCOURSE +1AT JAMBROWLOCKCOURSE +1RUNNINGBOND BRICKSTONESURROUNDROWLOCKCOURSE +1FIELD STONE9'-1"8'-1" 7'-0" HEAD HGT TYP. AT 2ND FLR, U.N.O. 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.F.FL.T.O.PL.F.FL.T.O.PL.METALPOTSHELFSOLDIERCOURSE +1HEADERCOURSE+1 AT JAMBSTONEADDRESSBLOCKBRICKSOLDIERCOURSE +1BRICKCORBELLING6" FASCIA BOARD6" WOOD GRAINCOMPOSITION TRIM(HALF TIMBERING)STUCCO FINISHPANEL NO SEAMS6" FASCIABOARD w/1/2 ROUNDGUTTER8:124:128:124:129'-1"8'-1" 9'-1"8'-1"T.O.C.T.O.PL.F.FL.T.O.PL.T.O.PL.F.FL.T.O.PL.F.FL.±28'-0" OVERALL HEIGHTSCALE:11/4"=1'-0"'C - ENGLISH TUDOR' EXTERIOR ELEVATIONSFRONTLEFTREARRIGHTA4-62PLAN 4C ELEVATIONSNo.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 4 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 106 10'-1"T.O.C.T.O.PL.8:1210:1210'-1" 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.F.FL.T.O.PL.10:12SOLIDERCOURSEROWLOCK +1STONEADDRESSBLOCKRUNNINGBOND BRICKROWLOCK +1FIELD STONE6" FASCIA BOARDROWLOCKCOURSE HEADER/ SILL +1BRICK SOLDIERCOURSEHERRINGBONEBRICKHEADER COURSE+1BRICK SOLDIERCOURSE+1LOUVEREDSHUTTERSBRICKCORBELLINGSOLIDERCOURSE +1AT HEADHEADERCOURSE +1AT JAMB10:1210'-1"T.O.PL.F.FL.8:1210:12±25'-0" OVERALL HEIGHT PLAN 5A ELEVATIONSA5-41No.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 5 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004SCALE:11/4"=1'-0"'A - EUROPEAN ECLECTIC' EXTERIOR ELEVATIONSFRONTLEFTREARRIGHT107 8:1210:126' FENCE LINE8:1210:126' FENCE LINEPLAN 5A ENHANCEDELEVATIONSA5-42BUILDING#No.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 5 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004SCALE:11/4"=1'-0"'A - EUROPEAN ECLECTIC' EXTERIOR ELEVATIONSLEFTRIGHT108 10'-1"T.O.PL.T.O.C.8:126:1212:1212:126" FASCIA BOARDBRICK SOLDIERCOURSEHERRINGBONEBRICKHEADER COURSE +1ROWLOCKCOURSE +1BRICKCORBELLING8" TALLSTONE LINTEL +1EXTEND 8" PASTOPENING JAMBHEADER COURSE +1STONE ADDRESSBLOCKFIELD STONERUNNING BONDBRICK10'-1" 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.T.O.PL.8" TALLSTONE LINTEL+1 EXTEND 8"PASTWINDOWJAMBFLUSHHEADERCOURSEROWLOCKCOURSE +1METALPOTSHELFT.O.FL.10:128:1210'-1"T.O.PL.T.O.FL.6:126:126:12±23'-0" OVERALL HEIGHT PLAN 5B ELEVATIONSA5-52FRONTLEFTREARRIGHTSCALE:11/4"=1'-0"'B - ENGLISH COTTAGE' EXTERIOR ELEVATIONSNo.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 5 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 109 8:126:126' FENCE LINEPLAN 5B ENHANCEDELEVATIONSA5-53BUILDING#A5-53LEFTSCALE:11/4"=1'-0"'B - ENGLISH COTTAGE' EXTERIOR ELEVATIONSNo.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 5 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 110 8:128:1210'-1"T.O.PL.T.O.C.6" FASCIA BOARDw/ 1/2 ROUNDGUTTERGABLE END VENT6" WOOD GRAINCOMPOSITIONTRIM (HALFTIMBERING)STUCCO FINISHPANEL NO SEAMSBRICKCORBELLINGRUNNING BONDBRICKSTONE ADDRESSBLOCKSTONESURROUNDROWLOCKCOURSE +1FIELD STONEBRICK SOLDIERCOURSE +112:1210'-1" 8'-0" HEAD HGT TYP. AT 1ST FLR, U.N.O.T.O.PL.T.O.FL.ROWLOCKCOURSE +1AT HEADERHEADERCOURSE +1AT JAMB12:128:128:1210'-1"T.O.PL.T.O.FL.±23'-0" OVERALL HEIGHT PLAN 5C ELEVATIONSA5-62FRONTLEFTREARRIGHTSCALE:11/4"=1'-0"'C - ENGLISH TUDOR' EXTERIOR ELEVATIONSNo.Date DescriptionPROGRESS SETCCOPYRIGHTIt is the clients responsibility prior to or during construction to notify the architect in writingof any perceived errors or omissions in the plans and specifications of which a contractorthoroughly knowledgeable with the building codes and methods of construction shouldreasonably be aware. Written instructions addressing such perceived errors or omissionsshall be received from the architect prior to the client or clients subcontractors proceedingwith the work. The client will be responsible for any defects in construction if theseprocedures are not followed.License StampArchitecture + Planning17911 Von Karman Ave.Suite 200Irvine, CA 92614ktgy.com949.851.2133Project Contact:Email:Principal: Project Designer:KTGY Project No:DeveloperBB LIVING AT THE TRIBUTE PLAN 5 THE COLONY,TX aalduenda@ktgy.comAaron AlduendaChris TexterSevan Simonian20200537BB LIVING4900 N SCOTTSDALE ROADSUITE 4900SCOTTSDALE, AZPHONE NUMBER : 480-745-2718CASE #PDA20-004 111 , TXCottage Plan 5 Eclectic Plan 3 Tudor Plan 4 Cottage Plan 2 Tudor Plan 1 1-27-2021 Design Submittal 5 112 TX1-27-2021 Design Submittal 5 113 TX1-27-2021 Design Submittal 5 114 TX1-27-2021 Design Submittal 5 115 TX1-27-2021 Design Submittal 5 116 1-27-2021 Design Submittal 5 117 9'-1" 12'-1" 28'-6" 10'-1"12121212Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comBB LIVING4900 North Schotttsdale Road, Suite 4900Scottsdale, AZPlot Date:March 12, 2021TRIBUTE BB LIVINGTHE COLONY, TXKTGY no. 2020-0537FILE NUMBER PDA20-0004A6.1AMENITY BUILDING0248FRONT ELEVATIONCOLOR SCHEME 1118 121212:1212:129'-1"12'-1" 28'-6" 10'-1"4:1212121212121212:1212:12Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comBB LIVING4900 North Schotttsdale Road, Suite 4900Scottsdale, AZPlot Date:March 12, 2021TRIBUTE BB LIVINGTHE COLONY, TXKTGY no. 2020-0537FILE NUMBER PDA20-0004A6.2AMENITY BUILDING0248RIGHTREARLEFT119 BB Living at The Tribute – Development Plan Narrative BB Living Residential (“BB Living”) together with our partners at Toll Brothers, Inc. (“Toll”) are pleased to submit the Development Plan for our newest community, BB Living at The Tribute. We look forward to bringing our community concept to The Colony and appreciate the great dialogue and support we have had with planning staff to date. As part of our submittal, we wanted to provide additional color about who we are, what we do and what sets BB Living apart from the many others entering the single -family build to rent asset class, the most popular new asset class in residential housing. BB Living was a pioneer in the build to rent asset class, developing and building its first community, Higley Park (Gilbert, Arizona) starting in 2012. The idea for BB Living has always been simple; to provide new single-family homes, all three (3) or four (4) bedrooms with an attached two-car garage in high- quality locations and communities with the benefits of a Class “A” multi-family rental community. Since opening our first community in 2012, BB Living has built more than 1,000 homes in several communities across Metropolitan Phoenix and in 2019 formed a strategic partnership with Toll to expand this concept across the country. Currently, BB Living and Toll are developing 3,000 homes in new single-family rental communities in Phoenix, Denver, Boise, Salt Lake City, Dallas, Austin and throughout Southwest Florida. Each of these communities share similar traits in high-growth, high barrier to entry locations with good schools, amenities and proximity to transportation corridors and employment hubs. More than 80% of the homes we are building are in top-ranked masterplanned communities like The Tribute, where the BB Living product and community concept fits well with the overall lifestyle of the masterplanned communities, allows developers to offer an alternative housing segment to the market, provides new residents with a way to “try before you buy” while being integrated into the community as well as giving the growing number of people choosing to rent instead of own the opportunity to live in a fantastic community without the long-term commitment of homeownership. BB Living is currently operating or building in top communities across the country including Eastmark (Mesa, AZ), Murphy Creek (Aurora, CO), Light Farms (Celina, TX), and Lakewood Ranch (Bradenton/Sarasota, FL) to name a few. BB Living communities target a broad demographic but have been extremely attractive to young families with our average household comprised of two (2) adults with a median age of 37 years old, one (1) child and 0.5 pets. Approximately 10% of our households are headed by residents 50 years old or older, illustrating the broad popularity of our communities across the demographic range. Within our Phoenix communities, our households have an average household income of $125,000 with nearly 40% of all of our households having household incomes above $100,000 and a typical “Rent to Income” ratio of 21%, well below our minimum requirements for rental qualification. The residents of a BB Living community reflect the overall demographics of the surrounding area In addition to the conventional single-family homes that BB Living builds, which separates us from many of the horizontal apartment communities that are also classified as single-family build to rent, BB Living is very focused on the resident experience and an enhanced community experience. At BB Living at The Tribute, we have worked closely with Matthew’s Southwest to design a community that integrates well into the community, providing a seamless transition from our rental community to the rest of the community. From the continuation of the high-quality landscaping along Lebanon Road, 120 including an extension of The Tribute trail system, we have been very thoughtful about howe we have laid out our community. With a right in/right out main entrance off of Lebanon Road, our internal street network provides for a beautiful streetscape free of garage doors from view due the design of our homes. The main entrance from Lebanon Road leads directly to our main amenity center which includes the private amenities for BB Living residents including a fitness center, large resort-style pool and spa with an outdoor kitchen and BBQ’s, seating and gathering areas throughout with outdoor fireplaces, as well as a playground areas and open landscaped areas. We have a secondary amenity area with two pickle balls courts and further gathering areas for residents. We have been mindful of the wonderful trail system throughout the Tribute and are providing numerous pathways and connections to the rest of the community. As discussed in our Pre-application meeting, while we have designed the community with homes fronting on Scotty’s Lake Lane to take advantage of views out towards the lake and an improved streetscape, we have limited access from our community onto Scotty’s Lake Lane, taking into account the pick-up and drop off locations and traffic generated by Strike Middle School to our east. With secondary access on to Bankside Road, we have designed the community to keep traffic at Strike Middle School from cutting through our community, focusing on pedestrian access throughout, including to the school. In addition to the high-quality amenities we provide our residents BB Living has a constant onsite presence with our management and maintenance staff to ensure the community is kept to its high standards and issues are resolved in a timely manner. We also promote regularly scheduled community events and programs including movie nights in the park, food truck Friday’s and numerous exercise and fitness classes to bring the community together. We have worked to think through all aspects of living in a higher-density community and provide services to ensure the residents enjoy living in the community. From “Valet Trash” service which includes daily trash pick-up during the week and strategically placed community trash locations, we avoid the congestion and eyesore of individual trash cans placed on the street for weekly pick up. Parking is always an area of focus and we have worked to provide ample guest parking through our community design reasonably located throughout our community. Additionally, we require all of our residents to sign a “Garage Parking Addendum” as part of their lease, which requires them to park their vehicles within their garage and we enforce it with regularly scheduled audits of the homes by our onsite management team. Residents can apply for additional parking locations in the community should they need a variance, but we track and control parking throughout our community to ensure compliance and a positive living experience for our residents. By incorporating these various measures and programs we are able to offer a quality community experience for our residents in a unique setting with no impact on the larger communities we are building within. BB Living is very excited about bringing our community concept to The Tribute and the greater community of The Colony. 121 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - _____ SITE PLAN – BB LIVING AT THE TRIBUTE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR A 166-UNIT SINGLE-FAMILY RENTAL (MULTI-FAMILY "GREENCOURT") COMMUNITY KNOWN AS “BB LIVING AT THE TRIBUTE” ON AN APPROXIMATELY 23.866 ACRE TRACT OF LAND LOCATED AT THE NORTHWEST INTERSECTION OF LEBANON ROAD AND SCOTTY'S LAKE LANE WITHIN THE PLANNED DEVELOPMENT DISTRICT 23 (PD-23) 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. SP21-0001, a 166-unit single-family rental (multi- family "greencourt") community known as “BB Living at The Tribute” on an approximately 23.866 acre tract of land located at the northwest intersection of Lebanon Road and Scotty's Lake Lane within the Planned Development District 23 (PD-23) 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. 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 122 2 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 6TH DAY OF OCTOBER 2021. Joe McCourry, Mayor ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 123 3 Exhibit A 124 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Isaac Williams Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance regarding a Site Plan for a proposed 2,388 square-foot restaurant known as "Velvet Taco," on Lot 2, Block J. The subject site is located within the Planned Development 25 (PD-25) aka the Grandscape PD zoning district. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations. Attachments: CC Staff Report Velvet Taco - Site Plan.pdf SP21-0003.pdf Exhibit A.pdf SP21-0003 - Velvet Taco - Photometric.pdf Ord. 2021-xxxx Velvet Taco-Grandscape.doc 125 1 CITY COUNCIL REPORT AGENDA DATE: September 21, 2021 DEPARTMENT: Development Services Department SUBJECT SP21-0003, Velvet Taco –Lot 2, Block J - Site Plan Discuss and consider an ordinance regarding a Site Plan for a proposed 2,388 square-foot restaurant known as "Velvet Taco," on Lot 2, Block J. The subject site is located within the Planned Development 25 (PD-25) aka the Grandscape PD zoning district. OWNER/ENGINEER Owner: LMG Ventures, LLC Omaha, Nebraska Engineer: Atwell, LLC North Richland Hills, Texas EXISTING CONDITION OF PROPERTY The property is currently undeveloped. PROPOSED DEVELOPMENT The applicant requests to develop a restaurant at Lot 2, Block J, within the Grandscape Development. The 58,505 square foot site includes an approximately 2,388 square foot-building footprint with a 979 square-foot outdoor patio area, drive-thru service, associated landscaping, and parking. ADJACENT ZONING AND LAND USE North - Planned Development 25 (PD-25) – Mi Cocina South - Planned Development 25 (PD-25) – Grandscape Addition East - Planned Development 25 (PD-25) – Undeveloped West - Planned Development 25 (PD-25) – Rock and Brews DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds that the Site Plan meets the requirements of Appendix A, Zoning Ordinance, PD-25, and other applicable ordinances of the Code of Ordinances as outlined in the Staff Report. PRIOR ACTION September 14, 2021 the Planning and Zoning Commission voted (6-0) to recommend approval of the site plan application for a proposed 2,388 square-foot restaurant known as "Velvet Taco," on Lot 2, Block J. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Proposed Site Plan 4. Proposed Landscape Plan 5. Proposed Building Elevations 6. Photometric Plan 126 2 ATTACHMENT 1 Staff Analysis Land Use Analysis The proposed Velvet Taco at Grandscape will be a fast-casual restaurant with bar service. The building footprint will be approximately 2,388 square feet with a 979 square-foot outdoor patio area. Restaurant uses are allowed "by- right " within Planned Development 25 (PD-25). Infrastructure Improvements The City is not planning any specific public infrastructure improvements for this area. Circulation and Parking The site is served by a circular drive, with a driveway opening along Bargain Way, and two (2) driveway openings along the south access road. The Planned Development 25 (PD-25) ordinance requires a restaurant within the zoning district to provide one (1) par king space per two-hundred (200) square feet of gross floor area. The applicant proposes fifty-three (53) parking spaces where eighteen (18) spaces are required. The proposed parking meets the minimum handicap space requirements of the zoning ordinance. Eight (8) Drive-Thru stacking spaces are provided exceeding the minimum is five (5). Required Proposed 1:200 GFA 18 53 ADA 2 Standard, 1 Van 2 Standard, 1 Van Landscaping The landscape exceeds 10% of the platted lot, above Planned Development 25 (PD-25) requirements. The landscape plan includes plantings of thirty-two (32) canopy trees, a variety of shrubs and provides groundcover throughout the site. Required Proposed 10% Lot Landscaping 5,850 SF 20,471 SF Exterior Materials The elevation plan reflects elevations consisting of brick, EFIS, concrete block with metal ornamentation. The color palette consists primarily of greys but also included includes murals with bright color accents. 127 3 Development Review Committee Review The Development Review Committee (DRC) finds that the Site Plan meets the requirements of Appendix A, Zoning Ordinance, PD 25, and other applicable ordinances of the Code of Ordinances as outlined in the Staff Report. PRIOR ACTION September 14, 2021 the Planning and Zoning Commission voted (6-0) to recommend approval of the site plan application for a proposed 2,388 square-foot restaurant known as "Velvet Taco," on Lot 2, Block J. Type of Product/Elevation North South East West Concrete Block 673 sf 501 sf 382 sf 469 sf Corrugated metal - 84 sf 10 sf 10 sf Ribbed Panel 73 sf 73 sf 186 sf - Concrete Base 99 sf 26sf 29sf 79 sf Accent Tile 44 sf 44 sf 48 sf 48 sf EIFS 123 sf 123 sf 109 sf 109 sf 128 BBAARRGGAAIINNWW AA YY NNEEBBRRAASSKKAAFFUURRNNIITTUURREEMMAARRTTDDRRBBAARRGGAAIINNWWAAYY 5400 5350 BARGAIN WAY BARGAIN WAY NNEEBBRRAASSKKAAFFUURRNNIITTUURREEMMAARRTTDDRRBBAARRGGAAIINNWWAAYY 5351 5400 5350 3724 This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. /Pro je c t No . SP 21 -0 00 3 - P ro je c t Na me : Ve lv e t Ta c o G ra n d s ca p e Sub jec t Area Su bject Area Agr icultur al Busi nes s Park Busi nes s Park/Indus trial Duplex Dw elli ng Gener al Retail Heavy C om m erci al Industri al Li ght C om m erci al Mobile H om e Neighbor hood Servi ce Offi ce D is tr ict 1 Pl anned Developm ent Shopping Center Si ngl e F ami ly D well ing Townhom e 129 DDDDSSSSB.B.B. & C. R.R. CO. SURVEYABSTRACT NO. 173LOT 2BLOCK JUUUS 37°59'21" W 69.17'15' SIDEWALK & UTILITY EASEMENTDOC. NO. 2015-240, P.R.D.C.T.20' SIDEWALK &UTILITY EASEMENTDOC. NO. 2015-240,P.R.D.C.T.8'x70' VISIBILITYTRIANGLE EASEMENTDOC. NO. 2015-240,P.R.D.C.T.LOTS 1R, 2 AND 3X, BLOCK J,GRANDSCAPE ADDITIONDOC. NO. 2016-2044, P.R.D.C.T.58,505 SF, 1.3431 ACLOT 3X, BLOCK JLOTS 1R, 2 AND 3X, BLOCK J,GRANDSCAPE ADDITIONDOC. NO. 2016-2044, P.R.D.C.T.LOT 1R, BLOCK JLOTS 1R, 2 AND 3X, BLOCK J,GRANDSCAPE ADDITIONDOC. NO. 2016-2044, P.R.D.C.T.PD258'x70' VISIBILITYTRIANGLE EASEMENTDOC. NO. 2015-240,P.R.D.C.T.26' MUTUAL ACCESS EASEMENTDOC. NO. 2016-2044, P.R.D.C.T.15' DRAINAGE EASEMENTDOC. NO. 2016-2044, P.R.D.C.T.15' WATER EASEMENTDOC. NO. 2016-2044, P.R.D.C.T.8'x70' VISIBILITYTRIANGLE EASEMENTDOC. NO. 2016-2044,P.R.D.C.T.8'x70' VISIBILITYTRIANGLE EASEMENTDOC. NO. 2016-2044,P.R.D.C.T.TBM X-CUTELEV=598.85TBM X-CUTELEV=601.35TBM X-CUTELEV=603.34FIRE LANEFIRE LANEFIRE LANEFIRE LANEWALL8'x70' VISIBILITYTRIANGLE EASEMENTDOC. NO. 2016-2044,P.R.D.C.T.8'x70' VISIBILITYTRIANGLE EASEMENTDOC. NO. 2016-2044,P.R.D.C.T.15' WATER EASEMENTDOC. NO. 2016-2044,P.R.D.C.T.N 21°32' 1 3 " W 9 4. 6 2'DSTOPSTOPSTOP5865511643R3'R3'R4'R3'9' Typ.9'9'9'5'18' Typ.18' Typ.18' Typ.STOP SIGNBARGAIN WAYNFM DRIVEVELVET TACO2,388 SF BUILDINGFFE:601.60PATIO979 SF30'33'5'5'11'24'R3'R44'15.2'15'2' 2' 2'R3'R3'18'24'18'27.1'40.9'130.9'2.6'3.1'0.2'67.6'120.4'5'4'18'24'R5'R3'5'4444666661.2'111111118888888888812121217333333318'24' FIRE LANER26'R50'24' FIRE LANER26'R50'R3'R3'R26'R50'100'123456781414R2'8' X 70' VISIBILITYTRIANGLE EASEMENT(BY SEPARATE INSTRUMENT)8' X 70' VISIBILITYTRIANGLE EASEMENT(BY SEPARATE INSTRUMENT)VARIABLE WIDTHCROSS ACCESSEASEMENT(BY SEPARATEINSTRUMENT)843'999911111122225101010105'5'9.5'5'5'11.9'11.8'156.5'160.4'67.1'R25'151515151515151520R20'R15'R3'R25'R9.5'14.3'14.3'11'PROPOSEDSIDEWALK(TYP.)EXISTINGSIDEWALK(TYP.)62'61.6'ESCAPE LANEFULL DEPTH 18" WIDTH 70 LFREMOVE AND REPLACE CONCRETEFULL DEPTH 18" WIDTH 69 LFREMOVE AND REPLACE CONCRETEFULL DEPTH 18" WIDTH 63 LFREMOVE AND REPLACE CONCRETECROSSWALK RAMPSTO BE BUILT PERTHE CITY OF THECOLONY PAVEMENTDETAILSVARIABLE WIDTHCROSS ACCESSEASEMENT (BY SEPARATEINSTRUMENT)R10'CROSSWALK RAMPSTO BE BUILT PERTHE CITY OF THECOLONY PAVEMENTDETAILSCONNECTION ASPER CITY DETAILSCONNECTION ASPER CITY DETAILSCONNECTION ASPER CITY DETAILSSEE CITY OF THE COLONYDETAILS FOR INSTILLATIONOF FIRE HYDRANT ANDCONCRETE BASESR25'R25'R25'R25'R25'151513LANE STRIPINGLANE STRIPINGDATEREVISIONSNOTICE:CKnow what's below. Call before you dig.24 HOUR EMERGENCY CONTACT0SCALE: 1"=20'20'10'SHEET NO. DRAWN BY: R. SAENZ CHECKED BY: T.BOUSQUET PROJECT MANAGER: M.ELWIRCAD FILE: JOB #: 21001349CITY JOB#: SP21-0003LOT 2, BLOCK J GRANDSCAPEADDITIONNEBRASKA FURMITURE MART DR. &BARGAIN WAY (SEQ)THE COLONYDENTON COUNTY, TEXAS-SITE PLAN2021-09-08C200NOT-ISSUED-FOR-CONSTRUCTIONSITE AREA££££££££££££££££££££££TOTAL PROPERTY AREA: 1.3431± AC (58505± S.F.)PERVIOUS AREA: 0.3526± AC (15358± S.F.)IMPERVIOUS AREA 0.9905± AC (43148± S.F.)ZONING CLASSIFICATION JURISDICTION: CITY OF THE COLONYZONING: PD25, PLANNED DEVELOPMENT 25ADJACENT ZONING: PD25 (NORTH, WEST, SOUTH, EAST)FAR (FLOOR TO AREA RATIO): 0.586BUILDING SETBACKS ££££££ ££££FRONT 25'SIDETO BE ESTABLISHED IN THE AMENDING ORDINANCEREARTO BE ESTABLISHED IN THE AMENDING ORDINANCEBUILDING SUMMARY£ £££££££££££££££££££££££PROPOSED BUILDING AREA: 2,388 SFPATIO: 979 SFBUILDING USE: RESTAURANTBUILDING AREA LIMIT: TO BE ESTABLISHED IN THE AMENDING ORDINANCEBUILDING HEIGHT LIMIT: TO BE ESTABLISHED IN THE AMENDING ORDINANCEPARKING SUMMARY£££££££££££££££££££ ££££££PARKING REQUIREMENTS 1 SPACE PER 200 SF OF GFATOTAL PARKING REQUIRED 18 SPACESPARKING PROVIDED 53 INCLUDING 3 ADA SPACES (1 VAN)VELVET TACO - THE COLONYTHE COLONY PROJECT#: SP21-0003APPROVED BY THE CITY COUNCIL ON THE DAY OF 2021PLANNING DIRECTORSTOP BAR (PAVEMENT MARKING)HANDICAP STALL#SIGNSITE LEGENDSITE GENERAL NOTES:1. DIMENSIONS SHOWN ARE TO THE FACE OF CURB, UNLESS OTHERWISE INDICATED.2. USE 3' RADII, UNLESS SHOWN OTHERWISE.3. THE INFORMATION PERTAINING TO EXISTING CONDITIONS WAS TAKEN FROM A SURVEY PROVIDED BY: 360 SURVEYING.4. THE LOCATION OF ALL EXISTING UTILITIES WERE OBTAINED FROM AVAILABLE INFORMATION. THE CONTRACTOR SHALLVERIFY EXACT LOCATION AND DEPTH OF UTILITY PRIOR TO BEGINNING CONSTRUCTION. CONTRACTOR SHALL NOTIFYTHE ENGINEER OF ANY DISCREPANCIES.5. ALL ACCESSIBLE PARKING SPACES AND TRAVEL ROUTES SHALL BE CONSTRUCTED IN ACCORDANCE WITH A.D.A. AND/ORSTATE REQUIREMENTS (I.E. PROJECTS IN TEXAS SHALL BE APPROVED BY A TAS SPECIALIST).6. ANY DISCREPANCIES IN THIS PLAN AND ACTUAL FIELD CONDITIONS SHALL BE REPORTED TO THE OWNER ANDENGINEER PRIOR TO THE START OF CONSTRUCTION.7. PRIOR TO STARTING CONSTRUCTION, THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE TO VERIFY THAT ALLREQUIRED PERMITS AND APPROVALS HAVE BEEN OBTAINED. NO CONSTRUCTION SHALL BEGIN UNTIL ALL PERMITSHAVE BEEN RECEIVED.8. CONTRACTOR SHALL MAINTAIN THE SITE IN A MANNER SO THAT WORKERS AND PUBLIC SHALL BE PROTECTED FROMINJURY, AND ADJOINING PROPERTY PROTECTED FROM DAMAGE. CONTRACTOR SHALL REPAIR ANY DAMAGE DONE TOPRIVATE OR PUBLIC PROPERTY.9. ACCESS TO UTILITIES, FIRE HYDRANTS, ETC. SHALL REMAIN UNDISTURBED AT ALL TIMES, UNLESS COORDINATEDOTHERWISE.10. THE GENERAL CONTRACTOR SHALL REMOVE ALL TRASH AND DEBRIS FROM THE SITE UPON COMPLETION OF THEPROJECT.11. ALL SUBGRADE PREPARATION, PAVING, AND UTILITY TRENCHING MUST BE IN ACCORDANCE WITH THERECOMMENDATIONS OF THE SOILS INVESTIGATION. IF THERE IS A CONFLICT BETWEEN THE SOILS REPORT AND THEPLANS, THE MORE PROHIBITIVE OF THE TWO SHALL TAKE PRECEDENCE.12. CONTRACTOR TO ENSURE COMPLIANCE WITH ANY AND ALL LAND DISTURBANCE NOTIFICATIONS REQUIREMENTS, ANDTHAT ALL REQUIRED EROSION CONTROL MEASURES ARE INSTALLED AND MAINTAINED IN ACCORDANCE WITH LOCAL,STATE, AND FEDERAL REQUIREMENTS.13. FOR WORK IN, OR ADJACENT TO, STREET RIGHT OF WAYS, CONTRACTOR SHALL ENSURE APPROPRIATE PERMITS AREOBTAINED PRIOR TO CONSTRUCTION. CONTRACTOR TO ERECT AND MAINTAIN TRAFFIC CONTROL SIGNS AND DEVICESIN CONFORMANCE WITH THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, LATEST EDITION, ALONG WITHTHE REQUIREMENTS OF THE AUTHORITY HAVING JURISDICTION.14. ALL PARKING LOT LIGHTING MUST BE INSTALLED AND OPERATE SO AS NOT TO PRODUCE GLARE OR CAST DIRECTILLUMINATION ACROSS THE BOUNDING PROPERTY LINE. LOW PRESSURE SODIUM LIGHTING IS PROHIBITED. ALLIGHTING FIXTURES MUST BE RESTRICTED TO DOWN-LIGHT OR CUT-OFF TYPES.TIE IN CURB/DRIVE TO MATCH EXISTING CURB/STREETNEW CONCRETE CURB AND GUTTERNEW CONCRETE PAVINGNEW HEAVY DUTY CONCRETE PAVINGTRAFFIC FLOW ARROWS (TYP) - THERMOPLASTIC STRIPINGFIRE LANESIDEWALK (SEE WIDTH THIS SHEET)CONCRETE BOLLARDTHERMOPLASTIC STOP BARSTOP SIGNDUMPSTER ENCLOSURETRANSITION CURBPAINTED STRIPING @ 2' O.C. AND 45°LANDSCAPE AREA - SEE LANDSCAPE PLAN1345891011121326714 TEXAS ENGINEERING NO: F-12242PROPOSED LIGHT POLEPROPOSED SITE LIGHTING15FIRE LANE 6" THICKNESS 4000 PSI4" THICKNESS CONCRETE PAVEMENT, 4000 PSI, #4 DOWEL 18" OC7" THICKNESS CONCRETE PAVEMENT, 4000 PSI, #4 DOWEL 18" OCCROSSWALK/ NO PARKING AREAS5" THICKNESS CONCRETE PAVEMENT, 4000 PSI, #4 DOWEL 18" OCOWNERLMG VENTURES, LLC5752 GRANDSCAPE BLVD. #205THE COLONY, TX 75056CONTACT: RON LAZENBYPHONE: 972-668-1515CIVIL ENGINEERATWELL, LLC9001 AIRPORT FREEWAY, SUITE 660NORTH RICHLAND HILLS, TX 76180PHONE: (972) 638-8860CONTACT: MORAD ELWIRSURVEYOREAGLE SURVEYING210 SOUTH ELM STREET, SUITE 104PHONE: (940) 222-3009CELL: (972) 839-2260CONTACT: MASON DECKER130 W SSSSSSW UGE UGE UGE UGE UGESDSDB.B.B. & C. R . R . C O . S U R V E Y ABSTRACT N O . 1 7 3 LOT 2 BLOCK J SDSDS 37°59'21" W 69.17' BAR G A I N W A Y RIG H T - O F - W A Y V A R I E S 15' S I D E W A L K & U T I L I T Y E A S E M E N T DOC . N O . 2 0 1 5 - 2 4 0 , P . R . D . C . T . 20' SIDEWALK & UTILITY EASEMENT DOC. NO. 2015-240, P.R.D.C.T. 8'x70' VISIBILITY TRIANGLE EASEMENT DOC. NO. 2015-240, P.R.D.C.T.NEBRASKA FURNITURE MART DRIVE77' RIGHT-OF-WAYLOTS 1R, 2 AND 3X, BLOCK J, GRANDSCAPE ADDITION DOC. NO. 2016-2044, P.R.D.C.T. LOT 3X, BLOCK J LOTS 1R, 2 AND 3X, BLOCK J, GRANDSCAPE ADDITION DOC. NO. 2016-2044, P.R.D.C.T. 8'x70' VISIBILITY TRIANGLE EASEMENT DOC. NO. 2015-240, P.R.D.C.T. 26' MUTUAL ACCESS EASEMENT DOC. NO. 2016-2044, P.R.D.C.T.15' DRAINAGE EASEMENTDOC. NO. 2016-2044, P.R.D.C.T.8'x70' VISIBILITY TRIANGLE EASEMENT DOC. NO. 2016-2044, P.R.D.C.T. 8'x70' VISIBILITY TRIANGLE EASEMENT DOC.NO. 2016-2044, P.R.D.C.T. GRAVE L GRAVEL TBM X-CUT TBM X-CUT ELEV=603.34 FIRE LANE FIRE LANEFIRE LANE FIRE LANE WALL 8'x70' VISIBILITY TRIANGLE EASEMENT DOC.NO. 2016-2044, P.R.D.C.T. 600 601 6 0 2 6026 0 2 6 0 3 603603603 603 604604 603602601602602 601 600 600599599 601600601602 603601600599600599598 5 9 9 598 598600600 60059915' WATER EASEMENT DOC. NO. 2016-2044, P.R.D.C.T. 598 SSMH-RIM=599.31 FL-8"PVC=587.71 (N) FL-8"PVC=587.81 (E) FL-8"PVC=588.01 (S) FL-8"PVC=587.71 (W) SSMH-RIM=601.50 FL-8"PVC=588.10 (E) FL-8"PVC=588.50 (S) SS SSMH-RIM=602.07 FL-8"PVC=588.70 (N) FL-8"PVC=588.62 (E) FL-8"PVC=588.67 (S) FL-8"PVC=588.57 (W) SS SS SS SDMH-RIM=598.55 FL-24"RCP=593.95 (NW)SD SD SDMH-RIM=598.70 FL=592.30 (N) FL=592.30 (S) SD SD SDMH-RIM=598.91 FL-24"RCP=594.31 (N)SDSDMH-RIM=599.82 FL-24"RCP=595.62 (W)SDGRATE INLET TOP=601.54SD GRATE INLET TOP=602.40SD1 LE 1 LE BERMUDA SOLID SOD, TYP. BERMUDA SOLID SOD, TYP. 18 DBH 3 CO 9 AB 9 RM 2 SO 5 DBH 9 RM 2 LE 3 SO 8 DBH 1 LE 9 RM 3 CO 9 AB 5 DBH 1 LE 20 DBH 6 SO 16 AB 9 RM BERMUDA SOLID SOD, TYP. 5 CE 25 DBH 18 AB 18 RM 3 CO 1 SO 24' MULCH BED AT BACK OF CURB TO ALLOW FOR CAR OVERHANG, TYP. 24" MULCH BED AT BACK OF CURB TO ALLOW FOR CAR OVERHANG, TYP. DECOMPOSED GRANITE, TYP. 3 RY 6 RM 8 LM DATE REVISIONS NOTICE: C Know what's below. Call before you dig. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED BY THE OWNER OR ITS REPRESENTATIVE. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, AND AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY THE CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. COPYRIGHT 2021 ATWELL LLC NO REPRODUCTION SHALL BE MADE WITHOUT THE PRIOR WRITTEN CONSENT OF ATWELL LLC CONSTRUCTION SITE SAFETY IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR; NEITHER THE OWNER NOR THE ENGINEER SHALL BE EXPECTED TO ASSUME ANY RESPONSIBILITY FOR SAFETY OF THE WORK, OF PERSONS ENGAGED IN THE WORK, OF ANY NEARBY STRUCTURES, OR OF ANY OTHER PERSONS. 24 HOUR EMERGENCY CONTACT 21075_LANDSCAPE SERIESSHEET NO. DRAWN BY: AWR CAD FILE: JOB #: 21001349 CITY JOB#: --VELVET TACO - THE COLONYa W R AWR Designs, LLC P.O. Box 1746 Aledo, Texas 76008 amanda@awr-designs.com c. 512.517.5589STA TE O F T E XASTCETHI R C A EPACSDNALDEE GEISRRT572 4AMANARICHDW. A RDSON CHECKED BY: T.BOUSQUET PROJECT MANAGER: M.ELWIRSITE DEVELOPMENT PLANSVELVET TACO - THE COLONYSP21-0003L1.01 L1.01 LANDSCAPE PLANGRAPHIC SCALE FEET04020 SFDOH 1"=20' - 0" GENERAL LAWN NOTES 1.CONTRACTOR SHALL COORDINATE OPERATIONS AND AVAILABILITY OF EXISTING TOPSOIL WITH ON-SITE CONSTRUCTION MANAGER 2.LAWN AREAS SHALL BE LEFT 1" BELOW FINAL FINISHED GRADE PRIOR TO TOPSOIL INSTALLATION. 3.CONTRACTOR TO FIND GRADE AREAS TO ACHIEVE FINAL CONTOURS AS SHOWN ON CIVIL DRAWINGS. POSITIVE DRAINAGE SHALL BE PROVIDED AWAY FROM ALL BUILDINGS. ROUNDING AT TOP AND BOTTOM OF SLOPES SHALL BE PROVIDED AND IN OTHER BREAKS IN GRADE. CORRECT AREAS WHERE STANDING WATER MAY OCCUR. 4.ALL LAWN AREAS SHALL BE FINE GRADED, IRRIGATION TRENCHES COMPLETELY SETTLED AND FINISH GRADE APPROVED BY THE OWNER'S CONSTRUCTION MANAGER OR LANDSCAPE ARCHITECT PRIOR TO LAWN INSTALLATION. 5.CONTRACTOR SHALL REMOVE ALL ROCKS 3/4" IN DIAMETER AND LARGER. REMOVE ALL DIRT CLODS, STICKS, CONCRETE SPOILS, TRASH ETC PRIOR TO PLACING TOPSOIL AND GRASS INSTALLATION. 6.CONTRACTOR SHALL MAINTAIN ALL LAWN AREAS UNTIL FINAL ACCEPTANCE. 7.CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OF ACCEPTABLE TURF AREA AND SHALL PROVIDE REPLACEMENT IF NECESSARY. SOLID SOD: 1.SOLID SOD SHALL BE PLACED ALONG ALL IMPERVIOUS EDGES, AT A MINIMUM. THIS SHALL INCLUDE CURBS, WALKS, INLETS, MANHOLES AND PLANTING BED AREAS. SOD SHALL COVER OTHER AREAS COMPLETELY AS INDICATED BY PLAN. 2.SOD SHALL BE STRONGLY ROOTED DROUGHT RESISTANT SOD, NOT LESS THAN 2 YEARS OLD, FREE OF WEEDS AND UNDESIRABLE NATIVE GRASS AND MACHINE CUT TO PAD THICKNESS OF 3/4" (+1/4"), EXCLUDING TOP GROWTH AND THATCH. 3.LAY SOD BY HAND TO COVER INDICATED AREAS COMPLETELY, ENSURING EDGES ARE TOUCHING WITH TIGHTLY FITTING JOINTS, NO OVERLAPS WITH STAGGERED STRIPS TO OFFSET JOINTS. 4.TOP DRESS JOINTS IN SOD BY HAND WITH TOPSOIL TO FILL VOIDS IF NECESSARY 5.SOD SHALL BE ROLLED TO CREATE A SMOOTH EVEN SURFACE. SOD SHOULD BE WATERED THOROUGHLY DURING INSTALLATION PROCESS. 6.SHOULD INSTALLATION OCCUR BETWEEN OCTOBER 1ST AND MARCH 1ST, OVERSEED BERMUDAGRASS SOD WITH WINTER RYEGRASS AT A RATE OF 4 POUNDS PER 1000 S.F. LANDSCAPE NOTES 1.CONTRACTOR TO VERIFY AND LOCATE ALL PROPOSED AND EXISTING ELEMENTS. NOTIFY LANDSCAPE ARCHITECT OR DESIGNATED REPRESENTATIVE FOR ANY LAYOUT DISCREPANCIES OR ANY CONDITION THAT WOULD PROHIBIT THE INSTALLATION AS SHOWN. SURVEY DATA OF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS 2.CONTRACTOR SHALL CALL 811 TO VERIFY AND LOCATE ANY AND ALL UTILITIES ON SITE PRIOR TO COMMENCING WORK. LANDSCAPE ARCHITECT SHOULD BE NOTIFIED OF ANY CONFLICTS. CONTRACTOR TO EXERCISE EXTREME CAUTION WHEN WORKING NEAR UNDERGROUND UTILITIES. 3.A MINIMUM OF 2% SLOPE SHALL BE PROVIDED AWAY FROM ALL STRUCTURES. 4.CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS AS INDICATED. LEAVE AREAS TO RECEIVE TOPSOIL 3" BELOW FINAL FINISHED GRADE IN PLANTING AREAS AND 1" BELOW FINAL FINISHED GRADE IN LAWN AREAS. 5.LANDSCAPE ISLANDS SHALL BE CROWNED, AND UNIFORM THROUGHOUT THE SITE. 6.PLANTING AREAS AND SOD TO BE SEPARATED BY STEEL EDGING. NO STEEL EDGING SHALL BE INSTALLED ADJACENT TO BUILDINGS, WALKS OR CURBS. EDGING NOT TO BE MORE THAN 1/2" ABOVE FINISHED GRADE. 7.EDGING SHALL BE CUT AT 45 DEGREE ANGLE WHERE IT INTERSECTS WALKS AND/OR CURBS. 8.MULCH SHALL BE INSTALLED AT 1/2" BELOW THE TOPS OF SIDEWALKS AND CURBING. 9.QUANTITIES ON THESE PLANS ARE FOR REFERENCE ONLY. THE SPACING OF PLANTS SHOULD BE AS INDICATED ON PLANS OR OTHERWISE NOTED. ALL TREES AND SHRUBS SHALL BE PLANTED PER DETAILS. 10.CONTAINER GROWN PLANT MATERIAL IS PREFERRED HOWEVER BALL AND BURLAP PLANT MATERIAL CAN BE SUBSTITUTED IF NEED BE AND IS APPROPRIATE TO THE SIZE AND QUALITY INDICATED ON THE PLANT MATERIAL LIST. 11.TREES SHALL BE PLANTED AT A MINIMUM OF 5' FROM ANY UTILITY LINE, SIDEWALK OR CURB. TREES SHALL ALSO BE 10' CLEAR FROM FIRE HYDRANTS. 12.4" OF SHREDDED HARDWOOD MULCH (2" SETTLED THICKNESS) SHALL BE PLACED OVER WEED BARRIER FABRIC. MULCH SHALL BE SHREDDED HARDWOOD MULCH OR APPROVED EQUAL, PINE STRAW MULCH IS PROHIBITED. 13.WEED BARRIER FABRIC SHALL BE USED IN PLANT BEDS AND AROUND ALL TREES AND SHALL BE MIRAFI 1405 WEED BARRIER OR APPROVED EQUAL. 14.CONTRACTOR TO PROVIDE UNIT PRICING OF LANDSCAPE MATERIALS AND BE RESPONSIBLE FOR OBTAINING ALL LANDSCAPE AND IRRIGATION PERMITS. IRRIGATION: 1.ALL REQUIRED LANDSCAPE AREAS SHALL HAVE AN AUTOMATIC IRRIGATION SYSTEM WITH A FREEZE/RAIN SENSOR. SYSTEM SHALL ALSO HAVE AN ET WEATHER BASED CONTROLLER AND BE DESIGNED AND INSTALLED BY A LICENSED IRRIGATOR. MAINTENANCE REQUIREMENTS: 1.VEGETATION SHOULD BE INSPECTED REGULARLY TO ENSURE THAT PLANT MATERIAL IS ESTABLISHING PROPERLY AND REMAINS IN A HEALTHY GROWING CONDITION APPROPRIATE FOR THE SEASON. IF DAMAGED OR REMOVED, PLANTS MUST BE REPLACED BY A SIMILAR VARIETY AND SIZE. 2.MOWING, TRIMMING, EDGING AND SUPERVISION OF WATER APPLICATIONS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR UNTIL THE OWNER OR OWNER'S REPRESENTATIVE ACCEPTS AND ASSUMES REGULAR MAINTENANCE. 3.ALL LANDSCAPE AREAS SHOULD BE CLEANED AND KEPT FREE OF TRASH, DEBRIS, WEEDS AND OTHER MATERIAL. MISCELLANEOUS MATERIALS: 1.STEEL EDGING SHALL BE 3/16" X 4 X 16' DARK GREEN DURAEDGE STEEL LANDSCAPE EDGING UNLESS NOTED OTHERWISE ON PLANS/DETAILS. 2.DECOMPOSED GRANITE SHALL CONSIST OF A NATURAL MIX OF GRANITE AGGREGATE NOT TO EXCEED 1/8" IN DIAMETER AND COMPOSED OF VARIOUS STAGES OF DECOMPOSED EARTH BASE. DG SHALL BE PLACED OVER FILTER FABRIC AT A MINIMUM OF 3" DEPTH. 131 DATE REVISIONS NOTICE: C Know what's below. Call before you dig. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED BY THE OWNER OR ITS REPRESENTATIVE. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, AND AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY THE CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. COPYRIGHT 2021 ATWELL LLC NO REPRODUCTION SHALL BE MADE WITHOUT THE PRIOR WRITTEN CONSENT OF ATWELL LLC CONSTRUCTION SITE SAFETY IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR; NEITHER THE OWNER NOR THE ENGINEER SHALL BE EXPECTED TO ASSUME ANY RESPONSIBILITY FOR SAFETY OF THE WORK, OF PERSONS ENGAGED IN THE WORK, OF ANY NEARBY STRUCTURES, OR OF ANY OTHER PERSONS. 24 HOUR EMERGENCY CONTACT 21075_LANDSCAPE SERIESSHEET NO. DRAWN BY: AWR CHECKED BY: AWR PROJECT MANAGER: M. HOLMES CAD FILE: JOB #: 21001349 CITY JOB#: --CIVIL SETVELVET TACO - THE COLONYSTEPHEN WELLa W R AWR Designs, LLC P.O. Box 1746 Aledo, Texas 76008 amanda@awr-designs.com c. 512.517.5589STA TE O F T E XASTCETHI R C A EPACSDNALDEE GEISRRT572 4AMANARICHDW. A RDSONL1.02 L1.01 LANDSCAPE SPECS AND DETAILSTREE PLANTING SHRUB PLANTING SHRUBS OR GROUNDCOVER AS SPECIFIED ON PLAN PLANTING SOIL MIX. TILL IN WITH PARTS EXISTING SOIL, EXCLUDING LARGE CLODS AND ROCKS. ROOT BALL, DO NOT DISTURB UNDISTURBED SUBGRADE / NATIVE SOIL WEED BARRIER FABRIC LAYER OF MULCH, SETTLED THICKNESS SHOULD BE 2" MIN.CURB OR SIDEWALK, NO STEEL EDGING ALONG WALK, TYP. TOP OF MULCH SHOULD BE, AT MINIMUM, 1/2" BELOW WALK OR CURBING REF. LANDSCAPE PLAN FOR SPACING N.T.S. 1 2 N.T.S. 1/2" MAXIMUM O.C. SPACINGO.C. SPACING BACK OF CURB MULCH 24" MIN. SETBACK FOR SHRUBS & GROUNDCOVERS ALONG BACK OF CURB TO ALLOW FOR CAR OVERHANG SHRUB SPACING AND PLANTING AT B.O.C.3 N.T.S. 4' MIN. 2.5' MIN. SPECIFIED BED BORDER 2' MIN. BACK OF CURB MULCH PER SPECIFICATIONS LAWN SHRUBS AND GROUNDCOVER REFER TO PLANS FOR PLANT TYPES PREPARED SOIL MIX PER SPECIFICATIONS 3/16" X 4" X 16" STEEL EDGING WITH STAKES NOTE: NO STEEL EDGING TO BE INSTALLED ALONG SIDEWALKS 1/2" MAXIMUM STEEL EDGING DETAIL4 N.T.S. DECOMPOSED GRANITE / RIVER ROCK5 N.T.S. DECOMPOSED GRANITE AND/OR RIVER ROCK TO BE COMPACTED TO A 3" DEPTH PLANTING AREA, REFERENCE LANDSCAPE PLAN DECOMPOSED GRANITE / RIVER ROCK ENSURE PROPER DRAINAGE STEEL EDGING FILTER FABRIC, WRAP UP AT EDGING, TYP. COMPACTED SUBGRADE ™ PLANTING HOLE "S" HOOK U-BRACKET TREE TRUNK ROOT ANCHOR TREE ROOT BALL "S" HOOK TIGHTENING STRAP DRIVE ROD ANCHOR STEP 1: ·SET TREE IN PLANTING PIT ·PLACE ANCHOR WITH RING SIDE DOWN AGAINST TOP OF ROOT BALL ·CENTER ROOT ANCHOR'S INNER RING(S) AROUND TRUNK OF TREE ·ALIGN DRIVE ROD AS CLOSE AS POSSIBLE TO OUTSIDE EDGE OF U-BRACKET STEP 2: ·DRIVE ANCHOR STRAIGHT DOWN INTO UNDISTURBED SUBBASE SOIL ·SEE CHART FOR RECOMMENDED DEPTHS PER TREE SIZE STEP 3: ·REMOVE DRIVE ROD ·REPEAT STEPS 1 & 2 FOR ALL THREE (3) ANCHOR LOCATIONS ·PULL BACK ON STRAP APPROXIMATELY 3" FOR THE V-68 ANCHOR, OR 6" TO 7" FOR THE V-88 ANCHOR TO SET ANCHOR INTO A HORIZONTAL OR LOCKED POSITION. A FULCRUM MAY BE REQUIRED TO ASSIST IN SETTING THE ANCHOR. ·PLACE "S" HOOK OVER THE END OF THE U-BRACKET ·PULL STRAP UP VERTICALLY UNTIL ROOT ANCHOR RINGS BITE INTO THE TOP OF THE ROOT BALL AND U-BRACKETS ARE SETTING FLUSH ON TOP OF THE ROOT BALL ·TIE EXCESS STRAP OFF TO THE U-BRACKET ALLOWING ENOUGH REMAINING STRAP TO ADJUST TREE, IF NECESSARY TREE STAKE SOLUTIONS, LLC. 9973 FM 521 Road Rosharon, Texas 77583 www.treestakesolutions.com Phone: 281-778-1400 Mobile: 903-676-6143 Fax: 281-778-1425 PLAN DETAIL A SEE DETAIL A ROOT ANCHOR ITEM# ROOT BALL & CONTAINER SIZE ANCHOR INSTALLATION DEPTH QUANTITY & ANCHOR SIZE 15-BG 10 / 15 Gallon or 17" root ball 30-BG 20 / 39 Gallon or 22" root ball 45/65-BG 45 / 65 Gallon or 27-30" root ball 100-BG 95 / 100 Gallon or 36" root ball 150-BG 150 Gallon or 42" root ball 200-BG 200 Gallon or 48" root ball 300-BG 300 Gallon or 58" root ball CUSTOM-BG Root Balls larger than 60" SECTIONS 3 - V68 Anchors 3 - V68 Anchors 3 - V68 Anchors 3 - V68 Anchors 3 - V68 Anchors 3 - V88 Anchors 3 - V88 Anchors 12 - 18" Minimum Depth 18 - 24" Minimum Depth 24 - 30" Minimum Depth 30 - 36" Minimum Depth 48" Minimum Depth 48" Minimum Depth 48" Minimum Depth TBD SECTION 32 9300 - LANDSCAPE PART 1 - GENERAL 1.1 QUALIFICATIONS OF THE LANDSCAPE CONTRACTOR. A.ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM SPECIALIZING IN LANDSCAPE PLANTING 1.2 REFERENCE DOCUMENTS A.REFER TO LANDSCAPE PLANS, NOTES, SCHEDULES AND DETAILS FOR ADDITIONAL REQUIREMENTS 1.3 SCOPE OF WORK / DESCRIPTION OF WORK A.WORK COVERED BY THESE SECTIONS INCLUDES: FURNISH ALL SUPERVISIONS, LABOR, MATERIALS, SERVICES, EQUIPMENT AND APPLIANCES REQUIRED TO COMPLETE THE WORK COVERED IN CONJUNCTION WITH THE LANDSCAPING COVERED IN LANDSCAPE PLANS AND SPECIFICATIONS INCLUDING: 1. PLANTING (TREES, SHRUBS, GRASSES) 1.BED PREP AND FERTILIZATION 3. NOTIFICATION OF SOURCES 4. WATER AND MAINTENANCE UNTIL ACCEPTANCE 5. GUARANTEE B.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS. C.THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK 1.4 REFERENCES A.AMERICAN STANDARD FOR NURSERY STOCK PUBLISHED BY AMERICAN ASSOCIATION OF NURSERYMEN; 27 OCTOBER 1980, EDITION; BY AMERICAN NATIONAL STANDARDS INSTUTUTE (Z60.1) - PLANT MATERIAL B.AMERICAN JOINT COMMITTEE ON HORTICULTURE NOMENCLATURE; 1942 EDITION OF STANDARDIZED PLANT NAMES. C.TEXAS ASSOCIATION OF NURSERYMEN, GRADES AND STANDARDS 1.5 SUBMITTALS A.PROVIDE REPRESENTATIVE QUANTITIES OF EACH SOIL, MULCH, BED MIX, GRAVEL AND STONE BEFORE INSTALLATION. SAMPLES TO BE APPROVED BY OWNER'S REPRESENTATIVE BEFORE USE. B.SOIL AMENDMENTS AND FERTILIZERS SHOULD BE RESEARCHED AND BASED ON THE SOILS IN THE AREA. C.BEFORE INSTALLATION, SUBMIT DOCUMENTATION THAT PLANT MATERIALS ARE AVAILABLE AND HAVE BEEN RESERVED. FOR ANY PLANT MATERIAL NOT AVAILABLE, SUBMIT REQUEST FOR SUBSTITUTION. 1.6 JOB CONDITIONS, DELIVERY, STORAGE AND HANDLING A.GENERAL CONTRACTOR TO COMPLETE WORK BEFORE LANDSCAPE CONTRACTOR TO COMMENCE. B.ALL PLANTING BED AREAS SHALL BE LEFT THREE INCHES BELOW FINAL GRADE OF SIDEWALKS, DRIVES AND CURBS. ALL AREAS TO RECEIVE SOLID SOD SHALL BE LEFT ONE INCH BELOW THE FINAL GRADE OF WALKS, DRIVES AND CURBS. CONSTRUCTION DEBRIS SHALL BE REMOVED PRIOR TO LANDSCAPE CONTRACTOR BEGINNING WORK C.STORAGE OF MATERIALS AND EQUIPMENT AT THE JOB SITE WILL BE AT THE RISK OF THE LANDSCAPE CONTRACTOR. THE OWNER CANNOT BE HELD RESPONSIBLE FOR THEFT OR DAMAGE. 1.7 SEQUENCING A.INSTALL TREES, SHRUBS, AND LINER STOCK PLANT MATERIALS PRIOR TO INSTALLATION OF LAWN/SOLID SOD. B.WHERE EXISTING TURF AREAS ARE BEING CONVERTED TO PLANTING BEDS, THE TURF SHALL BE CHEMICALLY ERADICATED TO MINIMIZE RE-GROWTH IN THE FUTURE. AREAS SHALL BE PROPERLY PREPARED WITH AMENDED ORGANIC MATTER. 1.8 MAINTENANCE AND GUARANTEE MAINTENANCE: A.THE LANDSCAPE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK FROM THE TIME OF PLANTING UNTIL FINAL ACCEPTANCE BY OWNER. B.NO TREES, GRASS, GROUNDCOVER OR GRASS WILL BE ACCEPTED UNLESS THEY SHOW HEALTHY GROWTH AND SATISFACTORY FOLIAGE CONDITIONS. C.MAINTENANCE SHALL INCLUDE WATERING OF TREES AND PLANTS, CULTIVATION, WEED SPRAYING, EDGING, PRUNING OF TREES, MOWING OF GRASS, CLEANING UP AND ALL OTHER WORK NECESSARY FOR MAINTENANCE. D.A WRITTEN NOTICE REQUESTING FINAL INSPECTION AND ACCEPTANCE SHOULD BE SUBMITTED TO THE OWNER AT LEAST 7 DAYS PRIOR TO COMPLETION. AN ON SITE INSPECTION BY THE OWNER'S AUTHORIZED REPRESENTATIVE WILL BE COMPLETED PRIOR TO WRITTEN ACCEPTANCE. E.NOTIFY OWNER OR OWNER'S REPRESENTATIVE SEVEN DAYS PRIOR TO THE EXPIRATION OF THE WARRANTY PERIOD. F.REMOVE DEAD, UNHEALTHY AND UNSIGHTLY PLANTS DURING WARRANTY PERIOD G.REMOVE GUYING AND STAKING MATERIALS AFTER ONE YEAR H.ALL LANDSCAPE MUST BE MAINTAINED AND GRASS MOWED/EDGED ON A WEEKLY SCHEDULE UNTIL ACCEPTANCE BY OWNER. REMOVE CLIPPINGS AND DEBRIS FROM SITE PROMPTLY. I.REMOVE TRASH, DEBRIS, AND LITTER. WATER, PRUNE, RESTAKE TREES, FERTILIZE, WEED AND APPLY HERBICIDES AND FUNGICIDES AS REQUIRED. J.COORDINATE THE OPERATION OF IRRIGATION SYSTEM TO ENSURE THAT PLANTS ARE ADEQUATELY WATERED. HAND WATER AREAS NOT RECEIVING ADEQUATE WATER FROM AN IRRIGATION SYSTEM. K.THE LANDSCAPE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN ACCORDANCE TO THE MAINTENANCE SERVICE TO ENSURE THE SYSTEM IS IN PROPER WORKING ORDER WITH SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION. L.REAPPLY MULCH TO BARE AND THIN AREAS. M.SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM, THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL, HEALTHY STAND OF GRASS AT NO ADDITIONAL COST TO THE OWNER. N.TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWING CONDITIONS MUST OCCUR: a.THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BY HEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE. b.ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE. c.SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHES BEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY GROWTH. BARE AREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED. GUARANTEE: A.TREES, SHRUBS, GROUNDCVOER SHALL BE GUARANTEED (IN WRITING) FOR A 12 MONTH PERIOD (90 DAYS FOR ANNUAL PLANTING OR AT THE END OF THE SEASONAL COLOR GROWING SEASON, WHICHEVER COMES SOONER) AFTER FINAL ACCEPTANCE. THE CONTRACTOR SHALL REPLACE ALL DEAD MATERIALS AS SOON AS WEATHER PERMITS AND UPON NOTIFICATION OF THE OWNER. B.PLANTS INCLUDING TREES, WHICH HAVE PARTIALLY DIED SO THAT SHAPE, SIZE OR SYMMETRY HAVE BEEN DAMAGED SHALL BE CONSIDERED SUBJECT TO REPLACEMENT. IN SUCH CASES, THE OPINION OF THE OWNER SHALL BE FINAL. C.PLANTS USED FOR REPLACEMENT SHALL BE OF THE SAME SIZE AND KIND AS THOSE ORIGINALLY PLANTED OR SPECIFIED. ALL WORK INCLUDING MATERIALS, LABOR AND EQUIPMENT USED IN REPLACEMENTS SHALL CARRY A 12 MONTH GUARANTEE. ANY DAMAGE INCLUDING RUTS IN LAWN OR BED AREAS INCURRED AS A RESULT OF MAKING REPLACEMENTS SHALL BE IMMEDIATELY REPAIRED. D.WHEN PLANT REPLACEMENTS ARE MADE, PLANTS, SOIL MIX, FERTILIZER AND MULCH ARE TO BE UTILIZED AS ORIGINALLY SPECIFIED AND RE-INSPECTED FOR FULL COMPLIANCE WITH THE CONTRACT REQUIREMENTS. ALL REPLACEMENTS ARE INCLUDED UNDER "WORK" OF THIS SECTION. E.THE OWNER AGREES THAT FOR THE ONE YEAR WARRANTY PERIOD TO BE EFFECTIVE, HE WILL WATER PLANTS AT LEAST TWICE A WEEK DURING DRY PERIODS. F.THE ABOVE GUARANTEE SHALL NOT APPLY WHERE PLANTS DIE AFTER ACCEPTANCE BECAUSE OF DAMAGE DUE TO ACTS OF GOD, VANDALISM, INSECTS, DISEASE, INJURY BY HUMANS, MACHINES, THEFT OR NEGLIGENCE BY OWNER. G.ACCEPTANCE FOR ALL LANDSCAPE WORK SHALL BE GIVEN AFTER FINAL INSPECTION BY THE OWNER PROVIDED THE JOB IS IN A COMPLETE, UNDAMAGED CONDITION AND THERE IS A STAND OF GRASS IN ALL LAWN AREAS. AT THAT TIME, THE OWNER WILL ASSUME MAINTENANCE ON THE ACCEPTED WORK. 1.9 QUALITY ASSURANCE A.COMPLY WITH ALL FEDERAL, STATE, COUNTY AND LOCAL REGULATIONS GOVERNING LANDSCAPE MATERIALS AND WORK. B.EMPLOY PERSONNEL EXPERIENCED AND FAMILIAR WITH THE REQUIRED WORK AND SUPERVISION BY A FOREMAN. C.MAKE CONTACT WITH SUPPLIERS IMMEDIATELY UPON OBTAINING NOTICE OF CONTRACT ACCEPTANCE TO SELECT AND BOOK MATERIALS. D.DEVELOP A PROGRAM OF MAINTENANCE (PRUNING AND FERTILIZATION) WHICH WILL ENSURE THE PURCHASED MATERIALS WILL MEET AND/OR EXCEED PROJECT SPECIFICATIONS. E.DO NOT MAKE PLANT MATERIAL SUBSTITUTIONS. IF THE LANDSCAPE MATERIAL SPECIFIED IS NOT READILY AVAILABLE, SUBMIT PROOF TO LANDSCAPE ARCHITECT ALONG WITH THE PROPOSED MATERIAL TO BE USED IN LIEU OF THE SPECIFIED PLANT. F.AT THE TIME BIDS ARE SUBMITTED, THE CONTRACTOR IS ASSUMED TO HAVE LOCATED THE MATERIALS NECESSARY TO COMPLETE THE JOB AS SPECIFIED. G.OWNER'S REPRESENTATIVE SHALL INSPECT ALL PLANT MATERIAL AND RETAINS THE RIGHT TO INSPECT MATERIALS UPON ARRIVAL TO THE SITE AND DURING INSTALLATION. THE OWNER'S REPRESENTATIVE MAY ALSO REJECT ANY MATERIALS HE/SHE FEELS TO BE UNSATISFACTORY OR DEFECTIVE DURING THE WORK PROCESS. ALL PLANTS DAMAGED IN TRANSIT OR AT THE JOB SITE SHALL BE REJECTED. 1.10 PRODUCT DELIVERY, STORAGE AND HANDLING A.PREPARATION 1. BALLED AND BURLAPPED B&B PLANTS): DIG AND PREPARE SHIPMENT IN A MANNER THAT WILL NOT DAMAGE ROOTS, BRANCHES, SHAPE AND FUTURE DEVELOPMENT. 2. CONTAINER GROWN PLANTS: DELIVER PLANTS IN RIGID CONTAINER TO HOLD BALL SHAPE AND PROTECT ROOT MASS. B.DELIVERY 1. DELIVER PACKAGED MATERIALS IN SEALED CONTAINERS SHOWING WEIGHT, ANALYSIS AND NAME OF MANUFACTURER. PROTECT MATERIALS FROM DETERIORATION DURING DELIVERY AND WHILE STORED ON SITE. 2. DELIVER ONLY PLANT MATERIALS THAT CAN BE PLANTED IN ONE DAY UNLESS ADEQUATE STORAGE AND WATERING FACILITIES ARE AVAILABLE ON SITE 3. PROTECT ROOT BALLS BY HEELING IN WITH SAWDUST OR OTHER APPROVED MOISTURE RETAINING MATERIAL IF NOT PLANTED WITHIN 24 HOURS OF DELIVERY. 4. PROTECT PLANTS DURING DELIVERY TO PREVENT DAMAGE TO ROOT BALL OR DESICCATION OF LEAVES. 5. KEEP PLANTS MOIST AT ALL TIMES. COVER ALL MATERIALS DURING TRANSPORT. 6. NOTIFY OWNERS REPRESENTATIVE OF DELIVERY 72 HOURS PRIOR TO DELIVERY OF PLANT MATERIAL AT JOB SITE. 7. REMOVE REJECTED PLANT MATERIAL IMMEDIATELY FROM JOB SITE. 8. TO AVOID DAMAGE OR STRESS, DO NOT LIFT, MOVE, ADJUST TO PLUMB, OR OTHERWISE MANIPULATE PLANTS BY TRUNK OR STEMS. PART 2 - PRODUCTS 2.1 PLANT MATERIALS A.GENERAL: WELL FORMED NO. 1 GRADE OR BETTER NURSERY GROWN STOCK. LISTED PLANT HEIGHTS ARE FROM TOPS OF FOOT BALLS TO NOMINAL TOPS OF PLANTS. PLANT SPREAD REFERS TO NOMINAL OUTER WIDTH OF THE PLANT NOT THE OUTER LEAF TIPS. PLANTS SHALL BE INDIVIDUALLY APPROVED BY THE OWNERS REPRESENTATIVE AND THEIR DECISION AS TO THEIR ACCEPTABILITY SHALL BE FINAL. B.QUANTITIES: THE DRAWINGS AND SPECIFICATIONS ARE COMPLIMENTARY. ANYTHING CALLED FOR ON ONE AND NOT THE OTHER IS AS BINDING AS IF SHOWN AND CALLED FOR ON BOTH. THE PLANT SCHEDULE IS AN AID TO BIDDERS ONLY. CONFIRM ALL QUANTITIES ON PLAN. C.QUANTITIES AND SIZE: PLANT MATERIALS SHALL CONFORM TO THE SIZE GIVEN ON THE PLAN AND SHALL BE HEALTHY, WELL SHAPED, FULL BRANCHED AND WELL ROOTED. SYMMETRY IS ALSO IMPERATIVE. PLANTS SHALL BE FREE FROM INSECTS, INJURY, DISEASE, BROKEN BRANCHES, DISFIGUREMENTS, INSECT EGGS AND ARE TO BE OF SPECIMEN QUALITY. D.APPROVAL: ALL PLANTS WHICH ARE FOUND UNSUITABLE IN GROWTH OR ARE UNHEALTHY, BADLY SHAPED OR UNDERSIZED WILL BE REJECTED BY THE OWNERS REPRESENTATIVE EITHER BEFORE OR AFTER PLANTING AND SHALL BE REMOVED AT THE EXPENSE OF THE LANDSCAPE CONTRACTOR AND REPLACED WITH ACCEPTABLE SPECIMENS. E.TREES SHALL BE HEALTHY, FULL BRANCHED, WELL SHAPED AND SHALL MEET THE MINIMUM REQUIREMENTS AS SPECIFIED ON THE PLANT SCHEDULE. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILES OF THE PROJECT SITE IF POSSIBLE, AND WITH SIMILAR CLIMACTIC CONDITIONS. F.PRUNING: ALL PRUNING OF TREES AND SHRUBS SHALL BE EXECUTED BY THE LANDSCAPE CONTRACTOR AT NO ADDITIONAL COST TO THE OWNER, PRIOR TO FINAL ACCEPTANCE. G.PLANTS SHALL CONFORM TO THE MEASUREMENTS SPECIFIED, EXCEPT THE PLANTS LARGER THAN THOSE SPECIFIED MAY BE USED. USE OF LARGER PLANTS SHALL NOT INCREASE THE CONTRACT PRICE. H.WHERE MATERIALS ARE PLANTED IN MASSES, PROVIDE PLANTS OF UNIFORM SIZE. I.ROOT SYSTEMS SHALL BE HEALTHY, DENSELY BRANCHED, FIBROUS ROOT SYSTEMS, NON-POT-BOUND, FREE FROM ENCIRCLING AND/OR GIRDLING ROOTS, AND FREE FROM ANY OTHER ROOT DEFECTS (SUCH AS J-SHAPED ROOTS). J.ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL LEADERS WILL NOT BE ACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED TWIGS AFTER PLANTING K.TREE TRUNKS TO BE STURDY, EXHIBIT HARDENED SYSTEMS AND VIGOROUS AND FIBROUS ROOT SYSTEMS, NOT ROOT OR POT BOUND. L.TREES WITH DAMAGED OR CROOKED LEADERS, BARK ABRASIONS, SUNSCALD, DISFIGURING KNOTS, OR\INSECT DAMAGE WILL BE REJECTED. M.CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: SIX INCHES ABOVE THE ROOT FLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER, AND TWELVE INCHES ABOVE THE ROOT FLARE FOR TREES EXCEEDING FOUR INCHES IN CALIPER N.MULTI-TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP OF THE ROOT BALL. O.ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT THE ROOT FLARE HAS BEEN COMPLETELY COVERED, SHALL BE REJECTED. P.SOD: PROVIDE WELL-ROOTED SOD OF THE VARIETY NOTED ON THE PLANS. SOD SHALL BE CUT FROM HEALTHY, MATURE TURF WITH SOIL THICKNESS OF 3/4" TO 1". EACH PALLET OF SOD SHALL BE ACCOMPANIED BY A CERTIFICATE FROM SUPPLIER STATING THE COMPOSITION OF THE SOD. 2.2 SOIL PREPARATION MATERIALS A.SANDY LOAM: 1. FRIABLE, FERTILE, DARK, LOAMY SOIL, FREE OF CLAY LUMPS, SUBSOIL, STONES AND OTHER EXTRANEOUS MATERIAL AND REASONABLY FREE OF WEEDS AND FOREIGN GRASSES. LOAM CONTAINING DALLASGRASS OR NUTGRASS SHALL BE REJECTED. 2. PHYSICAL PROPERTIES AS FOLLOWS: a.CLAY – BETWEEN 7-27% b.SILT – BETWEEN 15-25% c.SAND – LESS THAN 52% 3. ORGANIC MATTER SHALL BE 3%-10% OF TOTAL DRY WEIGHT. 4. IF REQUESTED, LANDSCAPE CONTRACTOR SHALL PROVIDE A CERTIFIED SOIL ANALYSIS CONDUCTED BY AN APPROVED SOIL TESTING LABORATORY VERIFYING THAT SANDY LOAM MEETS THE ABOVE REQUIREMENTS. B.ORGANIC MATERIAL: COMPOST WITH A MIXTURE OF 80% VEGETATIVE MATTER AND 20% ANIMAL WASTE. INGREDIENTS SHOULD BE A MIX OF COURSE AND FINE TEXTURED MATERIAL. C.PREMIXED BEDDING SOIL AS SUPPLIED BY VITAL EARTH RESOURCES, GLADEWATER, TEXAS; PROFESSIONAL BEDDING SOIL AS SUPPLIED BY LIVING EARTH TECHNOLOGY, DALLAS, TEXAS OR ACID GRO MUNICIPAL MIX AS SUPPLIED BY SOIL BUILDING SYSTEMS, DALLAS, TEXAS OR APPROVED EQUAL. D.SHARP SAND: SHARP SAND MUST BE FREE OF SEEDS, SOIL PARTICLES AND WEEDS. E.MULCH: DOUBLE SHREDDED HARDWOOD MULCH, PARTIALLY DECOMPOSED, DARK BROWN. F.ORGANIC FERTILIZER: FERTILAID, SUSTANE, OR GREEN SENSE OR EQUAL AS RECOMMENDED FOR REQUIRED APPLICATIONS. FERTILIZER SHALL BE DELIVERED TO THE SITE IN ORIGINAL UNOPENED CONTAINERS, EACH BEARING THE MANUFACTURER'S GUARANTEED STATEMENT OF ANALYSIS. G.COMMERCIAL FERTILIZER: 10-20-10 OR SIMILAR ANALYSIS. NITROGEN SOURCE TO BE A MINIMUM 50% SLOW RELEASE ORGANIC NITROGEN (SCU OR UF) WITH A MINIMUM 8% SULFUR AND 4% IRON, PLUS MICRONUTRIENTS. H.PEAT: COMMERCIAL SPHAGNUM PEAT MOSS OR PARTIALLY DECOMPOSED SHREDDED PINE BARK OR OTHER APPROVED ORGANIC MATERIAL. 2.3 MISCELLANEOUS MATERIALS A.STEEL EDGING - SHALL BE 3/16” X 4” X 16” DARK GREEN LANDSCAPE EDGING. DURAEDGE STEEL OR APPROVED EQUAL. B.TREE STAKING - TREE STAKING SOLUTIONS OR APPROVED SUBSTITUTE; REFER TO DETAILS. C.FILTER FABRIC - MIRAFI 1405 BY MIRAFI INC. OR APPROVED SUBSTITUTE. AVAILABLE AT LONE STAR PRODUCTS, INC. (469-523-0444) D.SAND - UNIFORMLY GRADED, WASHED, CLEAN, BANK RUN SAND. E.GRAVEL: WASHED NATIVE PEA GRAVEL, GRADED 1" TO 1.5" F.DECOMPOSED GRANITE - BASE MATERIAL OF NATURAL MATERIAL MIX OF GRANITE AGGREGATE NOT TO EXCEED 1/8” IN DIAMETER COMPOSED OF VARIOUS STAGES OF DECOMPOSED EARTH BASE. G.RIVER ROCK - LOCALLY AVAILABLE NATIVE RIVER ROCK BETWEEN 2”-4” IN DIAMETER. H.PRE-EMERGENT HERBICIDES: ANY GRANULAR, NON-STAINING PRE-EMERGENT HERBICIDE THAT IS LABELED FOR THE SPECIFIC ORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE-EMERGENT HERBICIDES SHALL BE APPLIED PER THE MANUFACTURER'S LABELED RATES. PART 3 - EXECUTION 3.1 PREPARATION A.LANDSCAPE CONTRACTOR TO INSPECT ALL EXISTING CONDITIONS AND REPORT ANY DEFICIENCIES TO THE OWNER. B.ALL PLANTING AREAS SHALL BE CONDITIONED AS FOLLOWS: 1. PREPARE NEW PLANTING BEDS BY SCRAPING AWAY EXISTING GRASS AND WEEDS AS NECESSARY. TILL EXISTING SOIL TO A DEPTH OF SIX (6") INCHES PRIOR TO PLACING COMPOST AND FERTILIZER. APPLY FERTILIZER AS PER MANUFACTURER'S RECOMMENDATIONS. ADD SIX (6") INCHES OF COMPOST AND TILL INTO A DEPTH OF SIX (6") INCHES OF SPECIFIED MULCH (SETTLED THICKNESS). 2. BACKFILL FOR TREE PITS SHALL BE AS FOLLOWS: USE EXISTING TOP SOIL ON SITE (USE IMPORTED TOPSOIL AS NEEDED) FREE FROM LARGE CLUMPS, ROCKS, DEBRIS, CALICHE, SUBSOILS, ETC., PLACED IN NINE (9") INCH LAYERS AND WATERED IN THOROUGHLY. C.GRASS AREAS: 1. BLOCKS OF SOD SHOULD BE LAID JOINT TO JOINT (STAGGERED JOINTS) AFTER FERTILIZING THE GROUND FIRST. ROLL GRASS AREAS TO ACHIEVE A SMOOTH, EVEN SURFACE. THE JOINTS BETWEEN THE BLOCKS OF SOD SHOULD BE FILLED WITH TOPSOIL WHERE THEY ARE GAPED OPEN, THEN WATERED THOROUGHLY. 3.2 INSTALLATION A.MAINTENANCE OF PLANT MATERIALS SHALL BEGIN IMMEDIATELY AFTER EACH PLANT IS DELIVERED TO THE SITE AND SHALL CONTINUE UNTIL ALL CONSTRUCTION HAS BEEN SATISFACTORILY ACCOMPLISHED. B.PLANT MATERIALS SHALL BE DELIVERED TO THE SITE ONLY AFTER THE BEDS ARE PREPARED AND AREAS ARE READY FOR PLANTING. ALL SHIPMENTS OF NURSERY MATERIALS SHALL BE THOROUGHLY PROTECTED FROM THE WINDS DURING TRANSIT. ALL PLANTS WHICH CANNOT BE PLANTED AT ONCE, AFTER DELIVERY TO THE SITE, SHALL BE WELL PROTECTED AGAINST THE POSSIBILITY OF DRYING BY WIND AND BALLS OF EARTH OF B & B PLANTS SHALL BE KEPT COVERED WITH SOIL OR OTHER ACCEPTABLE MATERIAL. ALL PLANTS REMAIN THE PROPERTY OF THE CONTRACTOR UNTIL FINAL ACCEPTANCE. C.POSITION THE TREES AND SHRUBS IN THEIR INTENDED LOCATION AS PER PLAN. D.NOTIFY THE OWNER'S AUTHORIZED REPRESENTATIVE FOR INSPECTION AND APPROVAL OF ALL POSITIONING OF PLANT MATERIALS. E.EXCAVATE PITS WITH VERTICAL SIDES AND HORIZONTAL BOTTOM. TREE PITS SHALL BE LARGE ENOUGH TO PERMIT HANDLING AND PLANTING WITHOUT INJURY TO BALLS OF EARTH OR ROOTS AND SHALL BE OF SUCH DEPTH THAT,WHEN PLANTED AND SETTLED, THE CROWN OF THE PLANT SHALL BEAR THE SAME RELATIONSHIP TO THE FINISH GRADE AS IT DID TO SOIL SURFACE IN ORIGINAL PLACE OF GROWTH. THE SIDES OF THE HOLE SHOULD BE ROUGH AND JAGGED, NEVER SLICK OR GLAZED. F.SHRUB AND TREE PITS SHALL BE NO LESS THAN TWENTY-FOUR (24") INCHES WIDER THAN THE LATERAL DIMENSION OF THE EARTH BALL AND SIX (6") INCHES DEEPER THAN IT'S VERTICAL DIMENSION. REMOVE AND HAUL FROM SITE ALL ROCKS AND STONES OVER THREE-QUARTER (3 4") INCH IN DIAMETER. PLANTS SHOULD BE THOROUGHLY MOIST BEFORE REMOVING CONTAINERS. G.PERCOLATION TEST: FILL THE HOLE WITH WATER. IF THE WATER LEVEL DOES NOT PERCOLATE WITHIN 24 HOURS, THE TREE NEEDS TO MOVE TO ANOTHER LOCATION OR HAVE DRAINAGE ADDED. INSTALL A PVC STAND PIPE PER TREE IF THE PERCOLATION TEST FAILS. H.BACKFILL ONLY WITH 5 PARTS EXISTING SOIL OR SANDY LOAM AND 1 PART BED PREPARATION. WHEN THE HOLE IS DUG IN SOLID ROCK, TOPSOIL FROM THE SAME AREA SHOULD NOT BE USED. CAREFULLY SETTLE BY WATERING TO PREVENT AIR POCKETS. REMOVE THE BURLAP FROM THE TOP 13 OF THE BALL, AS WELL AS ALL NYLON, PLASTIC STRING AND WIRE. CONTAINER TREES WILL USUALLY BE ROOT BOUND, IF SO FOLLOW STANDARD NURSERY PRACTICE OF ‘ROOT SCORING’. I.DO NOT WRAP TREES. J.DO NOT OVER PRUNE. K.REMOVE NURSERY TAGS AND STAKES FROM ALL PLANTS L.REMOVE BOTTOM OF PLANT BOXES PRIOR TO PLACING PLANTS. REMOVE SIDES AFTER PLACEMENT AND PARTIAL BACKFILLING. M.REMOVE UPPER THIRD OF BURLAP FROM BALLED AND BURLAPPED TREES AFTER PLACEMENT. N.PLACE PLANT UPRIGHT AND PLUMB IN CENTER OF HOLE. ORIENT PLANTS FOR BEST APPEARANCE. O.MULCH THE TOP OF THE BALL. DO NOT PLANT GRASS ALL THE WAY TO THE TRUNK OF THE TREE. LEAVE THE AREA ABOVE THE TOP OF THE BALL AND MULCH WITH AT LEAST TWO (2") INCHES OF SPECIFIED MULCH. P.ALL PLANT BEDS AND TREES TO BE MULCHED WITH A MINIMUM SETTLED THICKNESS OF TWO (2") INCHES OVER THE ENTIRE BED OR PIT. Q.OBSTRUCTION BELOW GROUND: IN THE EVENT THAT ROCK, OR UNDERGROUND CONSTRUCTION WORK OR OBSTRUCTIONS ARE ENCOUNTERED IN ANY PLANT PIT EXCAVATION WORK TO BE DONE UNDER THIS SECTION, ALTERNATE LOCATIONS MAY BE SELECTED BY THE OWNER. WHERE LOCATIONS CANNOT BE CHANGED, THE OBSTRUCTIONS SHALL BE REMOVED TO A DEPTH OF NOT LESS THAN THREE (3') FEET BELOW GRADE AND NO LESS THAN SIX (6") INCHES BELOW THE BOTTOM OF BALL WHEN PLANT IS PROPERLY SET AT THE REQUIRED GRADE. THE WORK OF THIS SECTION SHALL INCLUDE THE REMOVAL FROM THE SITE OF SUCH ROCK OR UNDERGROUND OBSTRUCTIONS ENCOUNTERED AT THE COST OF THE LANDSCAPE CONTRACTOR. R.TREES AND LARGE SHRUBS SHALL BE STAKED AS SITE CONDITIONS REQUIRE. POSITION STAKES TO SECURE TREES AGAINST SEASONAL PREVAILING WINDS. S.PRUNING AND MULCHING: PRUNING SHALL BE DIRECTED BY THE LANDSCAPE ARCHITECT AND SHALL BE PRUNED IN ACCORDANCE WITH STANDARD HORTICULTURAL PRACTICE FOLLOWING FINE PRUNING, CLASS I PRUNING STANDARDS PROVIDED BY THE NATIONAL ARBORIST ASSOCIATION. 1.DEAD WOOD, SUCKERS, BROKEN AND BADLY BRUISED BRANCHES SHALL BE REMOVED. GENERAL TIPPING OF THE BRANCHES IS NOT PERMITTED. DO NOT CUT TERMINAL BRANCHES. 2.PRUNING SHALL BE DONE WITH CLEAN, SHARP TOOLS. 3.IMMEDIATELY AFTER PLANTING OPERATIONS ARE COMPLETED, ALL TREE PITS SHALL BE COVERED WITH A LAYER OF ORGANIC MATERIAL TWO (2") INCHES IN DEPTH. THIS LIMIT OF THE ORGANIC MATERIAL FOR TREES SHALL BE THE DIAMETER OF THE PLANT PIT. Q.STEEL EDGE INSTALLATION: EDGE SHALL BE ALIGNED AS INDICATED ON PLANS. STAKE OUT LIMITS OF STEEL CURBING AND OBTAIN OWNERS APPROVAL PRIOR TO INSTALLATION. 1.ALL STEEL CURBING SHALL BE FREE OF KINKS AND ABRUPT BENDS. 2.TOP OF EDGING SHALL BE 12" MAXIMUM HEIGHT ABOVE FINAL FINISHED GRADE. 3.STAKES ARE TO BE INSTALLED ON THE PLANTING BED SIDE OF THE CURBING, AS OPPOSED TO THE GRASS SIDE. 4.DO NOT INSTALL STEEL EDGING ALONG SIDEWALKS OR CURBS. 5.CUT STEEL EDGING AT 45 DEGREE ANGLE WHERE EDGING MEETS SIDEWALKS OR CURBS. 3.3 CLEANUP AND ACCEPTANCE A.CLEANUP: DURING THE WORK, THE PREMISES SHALL BE KEPT NEAT AND ORDERLY AT ALL TIMES. STORAGE AREAS FOR ALL MATERIALS SHALL BE SO ORGANIZED SO THAT THEY, TOO, ARE NEAT AND ORDERLY. ALL TRASH AND DEBRIS SHALL BE REMOVED FROM THE SITE AS WORK PROGRESSES. KEEP PAVED AREAS CLEAN BY SWEEPING OR HOSING THEM AT END OF EACH WORK DAY. B.REPAIR RUTS, HOLES AND SCARES IN GROUND SURFACES. C.ENSURE THAT WORK IS COMPLETE AND PLANT MATERIALS ARE IN VIGOROUS AND HEALTHY GROWING CONDITION. D.UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY. E.WHEN/IF THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE LANDSCAPE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24 HOURS. F.THE LANDSCAPE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS BEEN RE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILL COMMENCE. END OF SECTION 132 133 134 BARGAIN WAYRIGHT-OF-WAY VARIESNEBRASKA FURNITURE MART DRIVE77' RIGHT-OF-WAY GRAVELGRAVELVANSTOPSTOPSTOPG2G1G1G1G1G1G1G1G1G1G10.10.10.20.30.40.50.60.60.60.70.60.60.50.40.30.40.50.80.91.11.31.61.51.21.10.90.80.60.50.30.20.20.50.71.21.82.32.73.33.53.12.52.11.81.51.30.80.70.50.30.20.10.10.10.00.50.81.42.43.94.96.16.46.04.74.03.53.22.82.11.81.30.70.40.30.20.10.10.61.11.73.35.76.56.46.76.66.25.55.14.95.15.44.43.11.61.00.50.20.10.11.52.75.66.96.45.65.65.75.35.15.25.05.45.55.04.43.32.01.30.70.30.12.04.15.86.75.75.14.94.74.34.34.14.14.24.34.44.63.92.51.70.90.50.32.83.85.15.65.24.74.54.03.63.53.43.43.53.73.84.34.02.71.60.90.50.32.53.34.25.04.83.93.63.12.72.62.52.73.03.33.54.24.53.71.80.80.50.42.02.64.35.34.53.32.82.31.91.71.71.82.22.63.03.74.64.72.00.80.50.31.52.13.95.44.53.12.42.01.41.31.21.31.52.02.43.04.14.32.91.30.60.31.31.83.55.34.43.02.41.91.31.11.01.01.11.62.02.43.13.73.11.40.60.31.21.93.34.84.03.02.42.01.41.11.00.90.91.31.82.12.32.82.71.50.70.41.22.13.14.24.13.12.52.11.61.31.21.11.01.11.61.92.02.32.41.70.70.41.42.43.34.34.43.52.62.21.81.61.61.51.41.31.61.81.81.81.91.70.90.41.62.93.74.44.73.92.72.32.01.91.91.91.81.81.91.91.81.71.61.40.90.41.83.44.24.85.04.43.12.62.42.32.32.22.22.12.12.12.01.71.41.20.80.52.24.14.74.95.45.03.52.92.83.13.13.23.02.72.32.22.01.61.31.10.80.52.35.15.45.15.75.74.23.33.03.33.74.14.53.93.12.72.11.71.31.00.70.52.25.86.15.56.36.64.53.23.23.13.64.14.74.33.63.02.41.91.40.90.70.52.25.25.85.86.77.64.93.43.43.54.44.33.43.42.82.52.21.81.30.90.62.14.45.45.86.76.85.33.43.03.24.04.74.74.52.92.21.51.20.90.60.51.73.54.95.76.36.25.13.52.82.63.03.64.74.43.62.82.01.20.60.41.53.24.55.56.05.74.83.42.62.42.73.44.04.03.32.72.11.40.80.51.32.74.25.95.55.04.32.92.12.22.73.84.13.52.82.31.81.30.80.50.92.03.55.85.54.43.72.51.61.83.14.44.03.22.62.11.51.00.70.71.42.95.65.23.83.12.21.41.94.14.33.52.72.31.81.20.80.60.61.32.64.74.33.22.72.21.92.94.64.42.92.42.01.40.90.70.50.61.12.13.53.52.82.52.22.23.74.03.42.52.01.61.00.70.50.61.11.93.13.32.82.52.32.63.43.52.72.31.91.20.70.50.40.71.11.82.93.22.82.72.73.43.73.32.62.21.71.10.70.50.40.71.11.82.72.92.82.83.13.63.42.92.52.11.51.00.70.50.30.71.11.72.42.82.83.03.53.53.12.82.31.91.40.90.60.40.30.81.21.82.53.03.44.14.43.93.43.02.51.81.30.80.60.40.71.21.72.32.73.74.44.74.13.22.72.21.71.10.70.40.40.61.01.21.41.92.02.02.11.71.51.20.90.60.40.10.20.30.50.60.70.60.60.80.80.70.60.40.30.10.10.20.20.30.30.30.30.40.40.40.30.30.00.10.10.10.20.20.20.20.20.30.20.20.20.00.00.10.10.10.10.10.20.20.20.20.20.00.00.10.10.10.10.10.20.20.20.20.00.10.10.10.10.20.20.20.20.2DATEDESCRIPTIONCLIENT:Velvet Taco7700 Windrose Ave.Plano,TX 75024www.velvettaco.com.comPROJECT NUMBER:VET21003Velvet Taco Grandscape SE corner of NFM Drive & Bargain Way The Colony, TX 76056 Velvet Taco 770 Windrose Ave. Plano, TX 75024DATEDESCRIPTIONDATEDESCRIPTION 6201 Campus Circle Dr E IRVING, TEXAS 75063 TEL: 972.870.1288 WWW.IDSTUDIO4.COM08/16/2021PROJ #: SP21-0003 PRELIMINARY FOR REVIEW ONLYTHESE DOCUMENTS ARE FORDESIGN REVIEW AND NOT INTENDEDFOR BIDDING, CONSTRUCTION, ORPERMIT PURPOSES. THEY WEREPREPARED BY OR UNDER THESUPERVISION OF:BRIAN CHANDLER, PE #93800ID STUDIO 4 FIRM REG #F-11678.LANDLORD REVIEW08.16.2021SHEET TITLE:SHEET NUMBER:PHOTOMETRICSITE PLANES.011PHOTOMETRIC SITE PLAN1"=20'-0"GENERAL NOTESSTATISTICSLIGHTING FIXTURE SCHEDULEGG2135 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - _______ SITE PLAN – VELVET TACO GRANDSCAPE ADDITION LOT 2, BLOCK J AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR VELVET TACO GRANDSCAPE ADDITION LOT 2, BLOCK J FOR THE DEVELOPMENT OF AN APPROXIMATELY 2,388 SQUARE-FOOT RESTAURANT BUILDING ON AN APPROXIMATELY 1.343 ACRE (58,505 SQUARE FEET) TRACT LOCATED AT THE SOUTHEAST INTERSECTION OF NEBRASKA FURNITURE MART DRIVE AND BARGAIN WAY AND IS WITHIN THE PLANNED DEVELOPMENT 25 ZONING DISTRICT (PD-25), AKA GRANDSCAPE; 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. SP21-0003 for the development of an approximately 2,388 square-foot restaurant building on an approximately 1.343 acres (58, square feet) tract located at the southeast intersection of Nebraska Furniture Mart Drive and Bargain Way and is with the Planned Development 25 Zoning District (PD-25), AKA Grandscape 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 building elevations, and Photometric 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. 136 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 6TH DAY OF OCTOBER 2021. Joe McCourry, Mayor ATTEST: Tina Stewart, TRMC, CMC, CitySecretary APPROVED AS TO FORM: Jeff Moore, City Attorney 137 3 Exhibit A 138 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $364,439.50 with Roadway Solutions, Inc. for the Standridge Drive at Memorial Drive Traffic Signal Project. (Hartline) Suggested Action: Summary of Requests: Consider approval of a resolution authorizing the City Manager to sign a Construction Services Contract in the amount of $364,439.50 with Roadway Solutions, Inc. for the Standridge Drive at Memorial Drive Traffic Signal Project. Background: City Council approved funding for the installation of a new traffic signal at the intersection of Standridge Drive and Memorial Drive in the 2020-2021 CIP budget. A warrant analysis was completed by Cobb, Fendley & Associates, Inc. in 2020 and it showed that a signal is currently warranted at this intersection based on current traffic loadings. The traffic signal will also assist with the increased vehicular traffic loads that will be generated once the Live Oaks Logistic Park Development on Memorial Drive is opened. The project will include the installation of 4 signal poles/mast arm assemblies, installation of a traffic signal control box, traffic signal heads, pedestrian crossing signal heads, installation of new reinforced concrete sidewalks, barrier-free ramps, median nose adjustments, installation of electric conduit, the placement of crosswalk pavement markings and signage to provide a complete controlled signal for both vehicular and pedestrian traffic. The project bids were opened on September 8, 2021 and the low bidder was Roadway Solutions, Inc. at a cost of $364,439.50. Cobb, Fendley & Associates, the Project Design Engineer, received positive feedback from representatives that have previously worked with the contractor including the City of Frisco, City of Prosper and City of The Colony. Cobb, Fendley & Associates recommends approval of the contract with this company. See attached Engineering Recommendation letter for additional information. Recommendation: Staff recommends approval of the contract with Roadway Solutions, Inc. in the amount of $364,439.50. With approval, the project is anticipated to start construction in October 2021 with an estimated completion in August 2022. Suggested motion: I move to recommend approval of a resolution authorizing the City Manager to sign a Construction Services Contract in the amount of $364,439.50 with Roadway Solutions, Inc. for the Standridge Drive at Memorial Drive Traffic Signal Project. 139 Attachments: Location Map Certified Bid Tab Engineering Recommendation Letter Financial Summary Res. 2021-xxx Roadway Solutions Inc. Project.docx 140 SH 121Memorial W indhavenM ai n J o s e y Sam Rayburn TollwayJ o s e yMARINA VISTAStandridgeSH 121 O ff R am pCRIDERSH 121 On RampCAMERON BAY C r e e k H o l l o w B lair O a k s Lake Ridg e WI L T S H I R E KIM YONSAFE HARBOR LAKE CITYMANDALAY BAYBAY DE VIEUX Ma r k e t SHORELINE St andr i dge B l u e R i d g e ELM FORKCLEAR WATERPALAMEDESWHITE ROCKC e d a r R i d g e LAKE RIDGE Y A C H T C L U B TREASURE COVE M e m o r i a l TWI N PO I NT S H 121 U-Turn SH 121W indhavenSH 121 O ff R am pSH 121 Off Ram pCRIDERSH 121 O ff R am pMemorial M ai n S H 1 2 1 U - T u r n Sam Rayburn TollwaySH 121 O ff R am pS H 121 O ff R am pSH 121 On RampJosey SH 121 On RampµStandridge Drive at Memorial Drive Traffic SIgnalLocation Map North Colony Blvd Project Location Live Oaks Logistic Park Development 141 142 143 144 Financial Summary: Are budgeted funds available: Yes Amount budgeted/available: $364,439.50 Fund(s) (Name and number): Fund 895-669-6672-2115 Source of Funds: 2020- 2021 Bond Proceeds Cost of recommended bid/contract award: $364,439.50 Total estimated project cost: $ 364,439.50 Construction (Roadway Solutions, Inc.) Already authorized Yes  No $ 0.00 Other Improvements $ 364,439.50 Total estimated costs 145 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 ROADWAY SOLUTIONS, INC., FOR THE STANDRIDGE AT MEMORIAL DRIVE 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 Roadway Solutions Inc., for the Standridge Drive at Memorial Drive Project, in the amount of $364,439.50. Section 2. That this Contract 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 6th day of October 2021. _____________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _______ Jeff Moore, City Attorney 146 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute any and all necessary documentation reflecting to participate in the proposed Opioid Settlements brought by the State of Texas and other Jurisdictions against various pharmaceutical companies for their roles in the National Opioid Crisis. (Council) Suggested Action: Attachments: Settlement Allocation Term Sheet - Opioid matter.pdf Subdivision Settlement Participation Form - Opioid matter.pdf Res. 2021-xxx Opioid Global Settlement.docx 147 1 TEXAS OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET WHEREAS, the people of the State of Texas and its communities have been harmed through the National and Statewide epidemic caused by licit and illicit opioid use and distribution within the State of Texas; and now, WHEREAS, the State of Texas, though its elected representatives and counsel, including the Honorable Ken Paxton, Attorney General of the State of Texas, and certain Political Subdivisions, through their elected representatives and counsel, are separately engaged in litigation seeking to hold those enti ties in the supply chain accountable for the damage caused; and now, WHEREAS, the State of Texas, through its Attorney General and its Political Subdivisions, share a common desire to abate and alleviate the impacts of the epidemic throughout the State of Texas; and now, THEREFORE, the State of Texas and its Political Subdivisions, subject to completing formal documents effectuating the Parties’ agreements, enter into this State of Texas and Texas Political Subdivisions’ Opioid Abatement Fund Council and Settlement Allocation Term Sheet (Texas Term Sheet) relating to the allocation and use of the proceeds of any Settlements as described. A. Definitions As used in this Texas Term Sheet: 148 2 1. “The State” shall mean the State of Texas acting through its Attorney General. 2. “Political Subdivision(s)” shall mean any Texas municipality and county. 3. “The Parties” shall mean the State of Texas, the Political Subdivisions, and the Plaintiffs’ Steering Committee and Liaison Counsel (PSC) in the Texas Opioid MDL, In Re: Texas Opioid Litigation, MDL No. 2018 -63587, in the 152d District Court of Harris County, Texas. 4. “Litigating Political Subdivision” means a Political Subdivision that filed suit in the state courts of the State of Texas prior to the Execution Date of this Agreement, whether or not such case was transferred to Texas Opioid MDL, or removed to federal court. 5. “National Fund” shall mean any nati onal fund established for the benefit of the Texas Political Subdivisions. In no event shall any National Fund be used to create federal jurisdiction, equitable or otherwise, over the Texas Political Subdivisions or those similarly situated state -court litigants who are included in the state coalition, nor shall the National Fund require participating in a class action or signing a participation agreement as part of the criteria for participating in the National Fund. 6. “Negotiating Committee” shall mean a three-member group comprising four representatives for each of (1) the State; (2) the PSC; and (3) Texas’ 149 3 Political Subdivisions (collectively, “Members”). The State shall be represented by the Texas Attorney General or his designees. The PSC shall be represented by attorneys Mikal Watts, Jeffrey Simon, Dara Hegar, Dan Downey, or their designees. Texas’ Political Subdivisions shall be represented by Clay Jenkins (Dallas County Judge), Terrence O’Rourke (Special Assistant County Attorney, Harris County), Nelson Wolff (Bexar County Judge), and Nathaniel Moran (Smith County Judge) or their designees. 7. “Settlement” shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant that includes the State and Political Subdivisions. 8. “Opioid Funds” shall mean monetary amounts obtained through a Settlement as defined in this Texas Term Sheet. 8. “Approved Purpose(s)” shall mean those uses identified in Exhibit A hereto. 9. “Pharmaceutical Supply Chain” shall mean the process and channels through which opioids or opioids products are manufactured, marketed, promoted, distributed, or dispensed. 150 4 10. “Pharmaceutical Supply Chain Participant” shall m ean any entity that engages in or has engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. 11. “Texas Opioid Council” shall mean the Council described in Exhibit A hereto, which has the purpose of ensuring the funds recovered by Texas (through the joint actions of the Attorney General and the Texas Political Subdivisions) are allocated fairly and spent to remediate the opioid crisis in Texas, using efficient and cost -effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from prevention and recovery efforts. B. Allocation of Settlement Proceeds 1. All Opioid Funds distributed in Texas shall be divided with 15% going to Political Subdivisions (“Subdivision Share”), 70% to the Texas Opioid Abatement Fund through the Texas Opioid Council (Texas Abatement Fund Share) identified and described on Exhibits A and C hereto, and 15% to the Office of the Texas Attorney General as Counsel for the State of Texas (“State Share”). Out of the Texas Opioid Abatement Fund, reasonable expenses up to 1% shall be paid to the Texas Comptroller for the administration of the Texas Opioid Council pursuant to the Opioid 151 5 Abatement Fund (Texas Settlement) Opi oid Council Agreement, Exhibit A hereto. 2. The Subdivisions Share shall be allocated in accordance with the division of proceeds on Exhibit B hereto. 3. The Texas Abatement Fund Share shall be allocated to the Opioid Council to be apportioned in accordance with the guidelines of Exhibit A, and Exhibit C hereto. 4. In the event a Subdivision merges, dissolves, or ceases to exist, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably based on the composition of the successor Subdivision. If a Subdivision for any reason is excluded from a specific settlement, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably among the participating Subdivisions. 5. Funds obtained from parties unrelated to the Litigation, via grant, bequest, gift or the like, separate and distinct from the Litigation, may be directed to the Texas Opioid Council and disbursed as set forth below. 6. The Subdivision share shall be initially deposited and paid in cash directly to the Subdivision under the authority and guidance of the Texas MDL Court, who shall direct any Settlement funds to be held in trust in a 152 6 segregated account to benefit the Subdivisions and to be promptly distributed as set forth herein and in accordance with Exhibit B. 7. Nothing in this Texas Term Sheet should alter or change any Subdivision’s rights to pursue its own claim. Rather, the intent of this Texas Term Sheet is to join all parties to disburse settlement proceeds from one or more defendants to all parties participating in that settlement within Texas. 8. Opioid Funds from the Texas Abatement Fund Share shall be directed to the Texas Opioid Council and used in accordance with the guidelines as set out on Exhibit A hereto, and the Texas Abatement Fund Share shall be distributed to the Texas Opioid Council under the authority and guidance of the Texas MDL Court, consistent with Exhibits A and C, and the by- laws of the Texas Opioid Council documents and disbursed as set forth therein, including without limitation all abatement funds and the 1% holdback for expenses. 9. The State of Texas and the Political Subdivisions understand and acknowledge that additional steps may need to be undertaken to assist the Texas Opioid Council in its mission, at a predictable level of funding, regardless of external factors. C. Payment of Counsel and Litigation Expenses 153 7 1. Any Master Settlement Agreement settlement will govern the payment of fees and litigation expenses to the Parties. The Parties agree to direct control of any Texas Political Subdivision fees and expenses to the “Texas Opioid Fee and Expense Fund,” which shall be allocated and distributed by the Texas MDL Court, In re: Texas Opioid Litigation, MDL No. 2018 - 63587, in the 152nd District Court of Harris County, Texas, and with the intent to compensate all counsel for Texas Political Subdivisions who have not chosen to otherwise seek compensation for fees and expenses from any federal MDL common benefit fund. 2. The Parties agree that no portion of the State of Texas 15% allocation share from any settlement shall be administered through the National Fund, the Texas MDL Court, or Texas Opioi d Fee and Expense Fund, but shall be directed for payment to the State of Texas by the State of Texas. 3. The State of Texas and the Texas Political Subdivisions, and their respective attorneys, agree that all fees – whether contingent, hourly, fixed or otherwise – owed by the Texas Political Subdivisions shall be paid out of the National Fund or as otherwise provided for herein to the Texas Opioid Fee and Expense Fund to be distributed by the 152nd 154 8 District Court of Harris County, Texas pursuant to its past and future orders. 4. From any opioid-related settlements with McKesson, Cardinal Health, ABDC, and Johnson & Johnson, and for any future opioid-related settlements negotiated, in whole or in part, by the Negotiating Committee with any other Pharmaceutical Supply Chain Participant, the funds to be deposited in the Texas Opioid Fee and Expense Fund shall be 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of each payment (annual or otherwise) to the State of Texas for that settlement, plus expenses from the National Fund, and shall be sought by Texas Political Subdivision Counsel initially through the National Fund. The Texas Political Subdivisions’ percentage share of fees and expenses from the National Fund shall be directed to the Texas Opioid Fee and Expense Fund in the Texas MDL, as soon as is practical, for allocation and distribution in accordance with the guidelines herein. 5. If the National Fund share to the Texas Political Subdivisions is insufficient to cover the guaranteed 9.3925%, plus expenses from the National Fund, per subsection 4, immediately supra, or if payment from the National Fund is not received within 12 months after the date the 155 9 first payment is made by the Defendants pursuant to the settlement , then the Texas Political Subdivisions shall recover up to 12.5% of the Texas Political Subdivision Share to make up any difference. 6. If the National Fund and the Texas Politica l Subdivision share are insufficient to cover the guaranteed 9.3925%, plus expenses from the National Fund, or if payment from the National Fund is not received within 12 months after the date the first payment is made by the Defendants pursuant to the settlement, then the Texas Political Subdivisions shall recover up to 8.75% of the Abatement Fund Share to make up any difference. In no event shall the Texas Political Subdivision share exceed 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of any settlement , plus expenses from the National Fund. In the event that any payment is received from the National Fund such that the total amount in fees and expenses exceeds 9.3925%, the Texas Political Subdivisions shall return any amounts received greater than 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions to those respective Funds. 156 10 7. For each settlement utilizing a National Fund, the Texas Political Subdivisions need only make one attempt at seeking fees and expenses there. 8. The total amount of the Texas Opioid Fee and Expense Fund shall be reduced proportionally, according to the agreed upon allocation of the Texas Subdivision Fund, for any Texas litigating Political Subdivision that (1) fails to enter the settlement; and (2) was filed in Texas state court, and was transferred to the Texas MDL (or removed before or during transfer to the Texas MDL) as of the execution date of this Agreement. D. The Texas Opioid Council and Texas Abatement Fund The Texas Opioid Council and Texas Abatement Fund is described in detail at Exhibit A, incorporated herein by reference. E. Settlement Negotiations 1. The State and Negotiating Committee agree to inform each other in advance of any negotiations relating to a Texas -only settlement with a Pharmaceutical Supply Chain Participant that includes both the State and its Political Subdivisions and shall provide each other the opportunity to participate in all such negotiations. Any Texas-only Settlement agreed to with the State and Negotiating Committee shall be subject to the approval 157 11 of a majority of litigating Political Subdivisions. The Parties further agree to keep each other reasonably informed of all other global settlement negotiations with Pharmaceutical Supply Chain Participants and to include the Negotiating Committee or designees. Neither this provision, nor any other, shall be construed to state or imply that either the State or the Negotiating Committee is unauthorized to engage in settlement negotiations with Pharmaceutical Supply Chain Participants without prior consent or contemporaneous participation of the other , or that either party is entitled to participate as an active or direct participant in settlement negotiations with the other. Rather, while the State’s and Negotiation Committee’s efforts to achieve worthwhile settlements are to be collaborative, incremental stages need not be so. 2. Any Master Settlement Agreement (MSA) shall be subject to the approval and jurisdiction of the Texas MDL Court. 3. As this is a Texas-specific effort, the Committee shall be Chaired by the Attorney General. However, the Attorney General, or his designees, shall endeavor to coordinate any publicity or other efforts to speak publicly with the other Committee Members. 4. The State of Texas, the Texas MDL Plaintiff’s Steering Committee representatives, or the Political Subdivision representatives may withdraw 158 12 from coordinated Settlement discussions detailed in this Section upon 10 business days’ written notice to the remaining Committee Members and counsel for any affected Pharmaceutical Supply Chain Participant. The withdrawal of any Member releases the remaining Committee Members from the restrictions and obligations in this Section. 5. The obligations in this Section shall not affect any Party’s right to proceed with trial or, within 30 days of the date upon which a trial involving that Party’s claims against a specific Pharmaceutical Supply Chain Participant is scheduled to begin, reach a case specific resolution with that particular Pharmaceutical Supply Chain Participant. F. Amendments The Parties agree to make such amendments as necessary to implement the intent of this agreement. Acknowledgment of Agreement We, the undersigned, have participated in the drafting of the above Texas Term Sheet, including consideration based on comments solicited from Political Subdivisions. This document has been collaboratively drafted to maintain all individual claims while allowing the State and its Political Subdivisions to cooperate in exploring all possible means of resolution. Nothing in this agreement binds any party to any specific outcome. Any resolution under this document will require 159 13 acceptance by the State of Texas and a majority of the Litigating Political Subdivisions. We, the undersigned, hereby accept the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS’ OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET. We understand that the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate earlier resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants. We also understand that an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic throughout Texas. 160 13 161 ꢀ ꢀ EXHIBITꢀAꢀ 162 1 Opioid Abatement Fund (Texas) Settlement Opioid Council As part of the settlement agreement and upon its execution, the parties will form the Texas Opioid Council (Council) to establish the framework that ensures the funds recovered by Texas (through the joint actions of the Attorney General and the state’s political subdivisions) are allocated fairly and spent to remediate the opioid cris is in Texas, using efficient and cost -effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from prevention and recovery efforts. I. Structure The Council will be responsible for the processes and procedures governing the spending of the funds held in the Texas Abatement Fund, which will be approximately 70% of all funds obtained through settlement and/or litigation of the claims asserted by the State and its subdivisions in the investigations and litigation related to the manufacturing, marketing, distribution, and sale of opioids and related pharmaceuticals. Money paid into the abatement fund will be held by an independent administrator, who shall be responsible for the ministerial task of releasing funds solely as authorized below by the Council, and accounting for all payments to and from the fund. The Council will be formed when a court of competent jurisdiction enters an order settling the matter, including any order of a bankruptcy court. The Council’s members must be appointed within sixty (60) days of the date the order is entered. A. Membership The Council shall be comprised of the following thirteen (13) members: 1. Statewide Members. Six members appointed by the Governor and Attorney General to represent the State’s interest in opioid abatement. The statewide members are appointed as follows: a. The Governor shall appoint three (3) members who are licensed health professionals with significant experience in opioid interventions; b. The Attorney General shall appoint three (3) members who are licensed professionals with significant experience in opioid incidences; and c. The Governor will appoint the Chair of the Council as a non-voting member. The Chair may only cast a vote in the event there is a tie of the membership. 2. Regional Members. Six (6) members appointed by the State’s political subdivisions to represent their designated Texas Health and Human Services Commission “HHSC” Regional Healthcare 163 2 Partnership (Regions) to ensure dedicated regional, urban, and rural representation on the Council. The regional appointees must be from either academia or the medical profession with significant experience in opioid interventions. The regional members are appointed as follows: a. One member representing Regions 9 and 10 (Dallas Ft-Worth); b. One member representing Region 3 (Houston); c. One member representing Regions 11, 12, 13, 14, 15, 19 (West Texas); d. One member representing Regions 6, 7, 8, 16 (Austin-San Antonio); e. One member representing Regions 1, 2, 17, 18 (East Texas); and f. One member representing Regions 4, 5, 20 (South Texas). B. Terms All members of the Council are appointed to serve staggered two-year terms, with the terms of members expiring February 1 of each year. A member may serve no more than two consecutive terms, for a total of four consecutive years. For the first term, four (4) members (two (2) statewide and two (2) for the subdivisions) will serve a three-year term. A vacancy on the Council shall be filled for the unexpired term in the same manner as the original appointment. The Governor will appoint the Chair of the Council who will not vote on Council business unless there is a tie vote, and the subdivisions will appoint a Vice-Chair voting member from one of the regional members. C. Governance 1. Administration The Council is attached administratively to the Comptroller. The Council is an independent, quasi-governmental agency because it is responsible for the statewide distribution of the abatement settlement funds. The Council is exempt from the following statutes: a. Chapter 316 of the Government Code (Appropriations); b. Chapter 322 of the Government Code (Legislative Budget Board); c. Chapter 325 of the Government Code (Sunset); d. Chapter 783 of the Government Code (Uniform Grants and Contract Management); e. Chapter 2001 of the Government Code (Administrative Procedure); f. Chapter 2052 of the Government Code (State Agency Reports and Publications); g. Chapter 2261 of the Government Code (State Contracting Standards and Oversight); h. Chapter 2262 of the Government Code (Statewide Contract Management); 164 3 i. Chapter 262 of the Local Government Code (Purchasing and Contracting Authority of Counties); and j. Chapter 271 of the Local Government Code (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments). 2. Transparency The Council will abide by state laws relating to open meetings and public information, including Chapters 551 and 552 of the Texas Government Code. i. The Council shall hold at least four regular meetings each year. The Council may hold additional meetings on the request of the Chair or on the written request of three members of the council. All meetings shall be open to the public, and public notice of meetings shall be given as required by state law. ii. The Council may convene in a closed, non-public meeting : a. If the Commission must discuss: 1. Negotiation of contract awards; and 2. Matters specifically exempted from disclosure by federal and state statutes. b. All minutes and documents of a closed meeting shall remain under seal, subject to release only order of a court of competent jurisdiction. 3. Authority The Council does not have rulemaking authority. The terms of each Judgment, Master Settlement Agreement, or any Bankruptcy Settlement for Texas control the authority of the Council and the Council may not stray outside the bounds of the authority and power vested by such settlements. Should the Council require legal assistance in determining their authority, the Council may direct the executive director to seek legal advice from the Attorney General to clarify the issue. D. Operation and Expenses The independent administrator will set aside up to one (1) percent of the settlement funds for the administration of the Council for reasonable costs and expenses of operating the foregoing duties, including educational activities. 1. Executive Director The Comptroller will employ the executive director of the Council and other personnel as necessary to administer the duties of the Council and carry out the functions of the Council. The executive director must have at least 10 years of experience in government or public administration and is classified as a Director V/B30 under the State Auditor’s State Classification. The Comptroller will pay the salaries of the Council employees from the 165 4 one (1) percent of the settlement funds set aside for the administration of the Council. The Comptroller will request funds from the Texas Abatement Fund Point of Contact. 2. Travel Reimbursement A person appointed to the Council is entitled to reimbursement for the travel expenses incurred in attending Council duties. A member of the Council may be reimbursed for actual expenses for meals, lodging, transportation, and incidental expenses in accor dance with travel rates set by the federal General Services Administration. II. Duties/Roles It is the duty of the Council to determine and approve the opioid abatement strategies and funding awards. A. Approved Abatement Strategies The Council will develop the approved Texas list of abatement strategies based on but not limited to the existing national list of opioid abatement strategies (see attached Appendix A) for implementing the Texas Abatement Fund. 1. The Council shall only approve strategies which are evidence-informed strategies. 2. The Texas list of abatement strategies must be approved by majority vote. The majo rity vote must include a majority from both sides of the statewide members and regional members in order to be approved, e.g., at least four (4) of six (6) members on each side. B. Texas Abatement Fund Point of Contact The Council will determine a single point of contact called the Abatement Fund Point of Contact (POC) to be established as the sole entity authorized to receive requests for funds and approve expenditures in Texas and order the release of funds from the Texas Abatement Fund by the independent administrator. The POC may be an independent third party selected by the Council with expertise in banking or financial management. The POC will manage the Opioid Council Bank Account (Account). Upon a vote, the Council will direct the POC to contact the independent administrator to release funds to the Account. The Account is outside the State Treasury and not managed by any state or local officials. The POC is responsible for payments to the qualified entities selected by the Council for abatement fund awards. The POC will submit a monthly financial statement on the Account to the Council. C. Auditor An independent auditor appointed by the Council will perform an audit on the Account on an annual basis and report its findings, if any, to the Council. D. Funding Allocation 166 5 The Council is the sole decision-maker on the funding allocation process of the abatement funds. The Council will develop the application and award process based on the parameters outlined below. An entity seeking funds from the Council must apply for funds; no funds will be awarded without an application. The executive director and personnel may assist the Council in gathering and compiling the applications for consideration; however, the Council members are the sole decision-makers of awards and funding determination. The Council will use the following processes to award funds: 1. Statewide Funds. The Council will consider, adopt and approve the allocation methodology attached as Exhibit C, based upon population he alth data and prevalence of opioid incidences, at the Council’s initial meeting. Adoption of such methodology will allow each Region to customize the approved abatement strategies to fit its communities’ needs. The statewide regional funds will account for seventy-five (75) percent of the total overall funds , less the one (1) percent administrative expense described herein. 2. Targeted Funds. Each Region shall reserve twenty-five (25) percent of the overall funds, for targeted interventions in the specific Region as identified by opioid incidence data. The Council must approve on an annual basis the uses for the targeted abatement strategies and applications available to every Region, including education and outreach programs. Each Region without approved uses for the targeted funds from the Council, based upon a greater percentage of opioid incidents compared to its population, is subject to transfer of all or a portion of the targeted funds for that Region for uses based upon all Regions’ targeted funding needs as approved by the Council on an annual basis. 3. Annual Allocation. Statewide regional funds and targeted funds will be allocated on an annual basis. If a Region lapses its funds, the funds will be reallocated based on all Regions’ funding needs. E. Appeal Process The Council will establish an appeal process to permit the applicants for funding (state or subdivisions) to challenge decisions by the Council-designated point of contact on requests for funds or expenditures. 1. To challenge a decision by the designated point of contact, the State or a subdivision must file an appeal with the Council within thirty (30) days of the decision. The Council then has thirty (30) days to consider and rule on the appeal. 2. If the Council denies the appeal, the party may file an appeal with the state district court of record where the final opioid judgment or Master Settlement Agreement is filed. The Texas Rules of Civil Procedure and Rules of Evidence will govern these proceedings. The Council may request representation from the Attorney General in these proceedings. 167 6 In making its determination, the state district court shall apply the same clear error standards contained herein that the Council must follow when rendering its decision. 3. The state district court will make the final decision and the decision is not appealable. 4. Challenges will be limited and subject to penalty if abused. 5. Attorneys’ fees and costs are not recoverable in these appeals. F. Education The Council may determine that a percentage of the funds in the Abatement Fund from the targeted funds be used to develop an education and outreach program to provide materials on the consequences of opioid drug use, prevention and interventions. Any material developed will include online resources and toolkits for communities. 168 ꢀ ꢀ EXHIBITꢀBꢀ 169 Exhibit B: Municipal Area Allocations: 15% of Total ($150 million) (County numbers refer to distribution to the county governments after payment to cities within county borders has been made. Minimum distribution to each county is $1000.) Municipal Area Allocation Municipal Area Allocation Abbott $688 Lakeport $463 Abernathy $110 Lakeside $4,474 Abilene $563,818 Lakeside City $222 Ackerly $21 Lakeview $427 Addison $58,094 Lakeway $31,657 Adrian $181 Lakewood Village $557 Agua Dulce $43 Lamar County $141,598 Alamo $22,121 Lamb County $50,681 Alamo Heights $28,198 Lamesa $29,656 Alba $3,196 Lampasas $28,211 Albany $180 Lampasas County $42,818 Aledo $331 Lancaster $90,653 Alice $71,291 Laredo $763,174 Allen $315,081 Latexo $124 Alma $1,107 Lavaca County $45,973 Alpine $29,686 Lavon $7,435 Alto $3,767 Lawn $58 Alton $11,540 League City $302,418 Alvarado $29,029 Leakey $256 Alvin $113,962 Leander $88,641 Alvord $358 Leary $797 Amarillo $987,661 Lee County $30,457 Ames $5,571 Lefors $159 Amherst $22 Leon County $67,393 Anahuac $542 Leon Valley $23,258 Anderson $19 Leona $883 Anderson County $268,763 Leonard $8,505 Andrews $18,983 Leroy $176 Andrews County $37,606 Levelland $46,848 Angelina County $229,956 Lewisville $382,094 Angleton $62,791 Lexington $2,318 Angus $331 Liberty $72,343 Anna $9,075 Liberty County $531,212 Annetta $5,956 Liberty Hill $2,780 Annetta North $34 Limestone County $135,684 (Table continues on multiple pages below) 170 Page 2 Annetta South $602 Lincoln Park $677 Annona $738 Lindale $24,202 Anson $5,134 Linden $3,661 Anthony $4,514 Lindsay $1,228 Anton $444 Lipan $44 Appleby $1,551 Lipscomb County $10,132 Aquilla $208 Little Elm $69,326 Aransas County $266,512 Little River-Academy $798 Aransas Pass $57,813 Littlefield $7,678 Archer City $10,554 Live Oak $32,740 Archer County $45,534 Live Oak County $39,716 Arcola $7,290 Liverpool $1,435 Argyle $11,406 Livingston $73,165 Arlington $735,803 Llano $23,121 Armstrong County $974 Llano County $115,647 Arp $2,009 Lockhart $49,050 Asherton $112 Lockney $3,301 Aspermont $9 Log Cabin $1,960 Atascosa County $176,903 Lometa $1,176 Athens $105,942 Lone Oak $1,705 Atlanta $30,995 Lone Star $8,283 Aubrey $15,141 Longview $482,254 Aurora $1,849 Loraine $188 Austin County $76,030 Lorena $3,390 Austin $4,877,716 Lorenzo $11,358 Austwell $109 Los Fresnos $11,185 Avery $138 Los Indios $159 Avinger $1,115 Los Ybanez $0 Azle $32,213 Lott $1,516 Bailey $950 Lovelady $249 Bailey County $15,377 Loving County $1,000 Bailey's Prairie $5,604 Lowry Crossing $783 Baird $2,802 Lubbock $319,867 Balch Springs $27,358 Lubbock County $1,379,719 Balcones Heights $23,811 Lucas $5,266 Ballinger $9,172 Lueders $508 Balmorhea $63 Lufkin $281,592 Bandera $2,893 Luling $29,421 Bandera County $86,815 Lumberton $36,609 Bangs $3,050 Lyford $3,071 171 Page 3 Bardwell $362 Lynn County $6,275 Barry $200 Lytle $7,223 Barstow $61 Mabank $19,443 Bartlett $3,374 Madison County $49,492 Bartonville $8,887 Madisonville $11,458 Bastrop $46,320 Magnolia $26,031 Bastrop County $343,960 Malakoff $12,614 Bay City $57,912 Malone $439 Baylor County $29,832 Manor $12,499 Bayou Vista $6,240 Mansfield $150,788 Bayside $242 Manvel $12,305 Baytown $216,066 Marble Falls $37,039 Bayview $41 Marfa $65 Beach City $12,505 Marietta $338 Bear Creek $906 Marion $275 Beasley $130 Marion County $54,728 Beaumont $683,010 Marlin $21,634 Beckville $1,247 Marquez $1,322 Bedford $94,314 Marshall $108,371 Bedias $3,475 Mart $928 Bee Cave $12,863 Martin County $10,862 Bee County $97,844 Martindale $2,437 Beeville $24,027 Mason $777 Bell County $650,748 Mason County $3,134 Bellaire $41,264 Matador $1,203 Bellevue $56 Matagorda County $135,239 Bellmead $14,487 Mathis $15,720 Bells $1,891 Maud $423 Bellville $7,488 Maverick County $115,919 Belton $72,680 Maypearl $986 Benavides $152 McAllen $364,424 Benbrook $43,919 McCamey $542 Benjamin $951 McGregor $9,155 Berryville $14,379 McKinney $450,383 Bertram $182 McLean $14 Beverly Hills $4,336 McLendon-Chisholm $411 Bevil Oaks $549 Mcculloch County $20,021 Bexar County $7,007,152 Mclennan County $529,641 Big Lake $547 Mcmullen County $1,000 Big Sandy $4,579 Meadow $1,121 172 Page 4 Big Spring $189,928 Meadowlakes $905 Big Wells $236 Meadows Place $18,148 Bishop $8,213 Medina County $48,355 Bishop Hills $323 Megargel $611 Blackwell $31 Melissa $15,381 Blanco $6,191 Melvin $345 Blanco County $49,223 Memphis $7,203 Blanket $147 Menard $991 Bloomburg $1,010 Menard County $14,717 Blooming Grove $352 Mercedes $21,441 Blossom $198 Meridian $3,546 Blue Mound $2,888 Merkel $10,117 Blue Ridge $1,345 Mertens $239 Blum $1,622 Mertzon $29 Boerne $45,576 Mesquite $310,709 Bogata $3,649 Mexia $21,096 Bonham $100,909 Miami $455 Bonney $2,510 Midland County $279,927 Booker $1,036 Midland $521,849 Borden County $1,000 Midlothian $95,799 Borger $69,680 Midway $78 Bosque County $71,073 Milam County $97,386 Bovina $173 Milano $904 Bowie $83,620 Mildred $286 Bowie County $233,190 Miles $93 Boyd $6,953 Milford $6,177 Brackettville $8 Miller's Cove $97 Brady $27,480 Millican $417 Brazoria $11,537 Mills County $19,931 Brazoria County $1,021,090 Millsap $34 Brazos Bend $462 Mineola $48,719 Brazos Country $902 Mineral Wells $92,061 Brazos County $342,087 Mingus $189 Breckenridge $23,976 Mission $124,768 Bremond $5,554 Missouri City $209,633 Brenham $54,750 Mitchell County $20,850 Brewster County $60,087 Mobeetie $52 Briarcliff $572 Mobile City $2,034 Briaroaks $57 Monahans $5,849 Bridge City $80,756 Mont Belvieu $19,669 173 Page 5 Bridgeport $33,301 Montague County $94,796 Briscoe County $977 Montgomery $1,884 Broaddus $31 Montgomery County $2,700,911 Bronte $99 Moody $828 Brooks County $20,710 Moore County $40,627 Brookshire $6,406 Moore Station $772 Brookside Village $1,110 Moran $50 Brown County $193,417 Morgan $605 Browndell $152 Morgan's Point $3,105 Brownfield $14,452 Morgan's Point Resort $8,024 Brownsboro $3,176 Morris County $53,328 Brownsville $425,057 Morton $167 Brownwood $166,572 Motley County $3,344 Bruceville-Eddy $1,692 Moulton $999 Bryan $246,897 Mount Calm $605 Bryson $1,228 Mount Enterprise $1,832 Buckholts $1,113 Mount Pleasant $65,684 Buda $10,784 Mount Vernon $6,049 Buffalo $11,866 Mountain City $1,548 Buffalo Gap $88 Muenster $4,656 Buffalo Springs $188 Muleshoe $4,910 Bullard $7,487 Mullin $384 Bulverde $14,436 Munday $2,047 Bunker Hill Village $472 Murchison $2,302 Burkburnett $37,844 Murphy $51,893 Burke $1,114 Mustang $7 Burleson County $70,244 Mustang Ridge $2,462 Burleson $151,779 Nacogdoches $205,992 Burnet $33,345 Nacogdoches County $198,583 Burnet County $189,829 Naples $4,224 Burton $937 Nash $7,999 Byers $77 Nassau Bay $11,247 Bynum $380 Natalia $625 Cactus $4,779 Navarro $334 Caddo Mills $43 Navarro County $103,513 Caldwell $18,245 Navasota $37,676 Caldwell County $86,413 Nazareth $124 Calhoun County $127,926 Nederland $44,585 Callahan County $12,894 Needville $10,341 Callisburg $101 Nevada $237 174 Page 6 Calvert $772 New Berlin $4 Cameron $11,091 New Boston $6,953 Cameron County $537,026 New Braunfels $307,313 Camp County $28,851 New Chapel Hill $288 Camp Wood $422 New Deal $338 Campbell $1,116 New Fairview $2,334 Canadian $1,090 New Home $9 Caney City $2,005 New Hope $1,024 Canton $56,734 New London $4,129 Canyon $26,251 New Summerfield $442 Carbon $620 New Waverly $2,562 Carl's Corner $48 Newark $520 Carmine $385 Newcastle $914 Carrizo Springs $1,671 Newton $6,102 Carrollton $310,255 Newton County $158,006 Carson County $29,493 Neylandville $163 Carthage $18,927 Niederwald $16 Cashion Community $322 Nixon $2,283 Cass County $93,155 Nocona $16,536 Castle Hills $12,780 Nolan County $50,262 Castro County $4,420 Nolanville $4,247 Castroville $4,525 Nome $391 Cedar Hill $70,127 Noonday $226 Cedar Park $185,567 Nordheim $697 Celeste $1,280 Normangee $6,192 Celina $18,283 North Cleveland $105 Center $58,838 North Richland Hills $146,419 Centerville $385 Northlake $8,905 Chambers County $153,188 Novice $76 Chandler $17,364 Nueces County $1,367,932 Channing $2 O'Brien $76 Charlotte $4,257 O'Donnell $27 Cherokee County $156,612 Oak Grove $2,769 Chester $1,174 Oak Leaf $612 Chico $2,928 Oak Point $9,011 Childress $37,916 Oak Ridge $358 Childress County $50,582 Oak Ridge North $33,512 Chillicothe $172 Oak Valley $7 China $522 Oakwood $148 China Grove $598 Ochiltree County $15,476 175 Page 7 Chireno $1,568 Odem $7,420 Christine $354 Odessa $559,163 Cibolo $13,690 Oglesby $29 Cisco $7,218 Old River-Winfree $21,653 Clarendon $114 Oldham County $10,318 Clarksville $20,891 Olmos Park $9,801 Clarksville City $54 Olney $6,088 Claude $26 Olton $1,197 Clay County $72,050 Omaha $4,185 Clear Lake Shores $6,682 Onalaska $31,654 Cleburne $228,184 Opdyke West $479 Cleveland $96,897 Orange $311,339 Clifton $9,939 Orange County $689,818 Clint $375 Orange Grove $1,677 Clute $51,350 Orchard $867 Clyde $17,287 Ore City $6,806 Coahoma $2,291 Overton $7,900 Cochran County $3,389 Ovilla $13,391 Cockrell Hill $512 Oyster Creek $9,633 Coffee City $1,087 Paducah $125 Coke County $5,522 Paint Rock $141 Coldspring $447 Palacios $14,036 Coleman $5,442 Palestine $178,009 Coleman County $4,164 Palisades $240 College Station $258,147 Palm Valley $1,918 Colleyville $46,049 Palmer $12,666 Collin County $1,266,721 Palmhurst $4,660 Collingsworth County $19,234 Palmview $7,577 Collinsville $1,831 Palo Pinto County $124,621 Colmesneil $2,211 Pampa $67,227 Colorado City $8,405 Panhandle $9,536 Colorado County $49,084 Panola County $80,699 Columbus $6,867 Panorama Village $1,292 Comal County $396,142 Pantego $12,898 Comanche $16,503 Paradise $52 Comanche County $50,964 Paris $201,180 Combes $1,710 Parker $10,307 Combine $1,892 Parker County $476,254 Commerce $33,869 Parmer County $15,866 Como $415 Pasadena $356,536 176 Page 8 Concho County $3,859 Pattison $1,148 Conroe $466,671 Patton Village $9,268 Converse $27,693 Payne Springs $1,770 Cooke County $200,451 Pearland $333,752 Cool $731 Pearsall $11,570 Coolidge $243 Pecan Gap $719 Cooper $362 Pecan Hill $229 Coppell $86,593 Pecos $7,622 Copper Canyon $489 Pecos County $46,997 Copperas Cove $133,492 Pelican Bay $1,199 Corinth $75,298 Penelope $415 Corpus Christi $1,812,707 Penitas $312 Corral City $143 Perryton $23,364 Corrigan $21,318 Petersburg $1,691 Corsicana $87,310 Petrolia $17 Coryell County $123,659 Petronila $5 Cottle County $875 Pflugerville $86,408 Cottonwood $289 Pharr $144,721 Cottonwood Shores $1,203 Pilot Point $11,613 Cotulla $1,251 Pine Forest $3,894 Coupland $266 Pine Island $3,141 Cove $387 Pinehurst $32,671 Covington $519 Pineland $4,138 Coyote Flats $1,472 Piney Point Village $15,738 Crandall $12,094 Pittsburg $20,526 Crane $10,599 Plains $129 Crane County $26,146 Plainview $60,298 Cranfills Gap $128 Plano $1,151,608 Crawford $383 Pleak $270 Creedmoor $16 Pleasant Valley $308 Cresson $1,086 Pleasanton $29,011 Crockett $23,403 Plum Grove $258 Crockett County $18,210 Point $1,519 Crosby County $18,388 Point Blank $355 Crosbyton $1,498 Point Comfort $447 Cross Plains $4,877 Point Venture $588 Cross Roads $244 Polk County $370,831 Cross Timber $542 Ponder $1,282 Crowell $6,335 Port Aransas $31,022 Crowley $22,345 Port Arthur $367,945 177 Page 9 Crystal City $19,412 Port Isabel $9,802 Cuero $24,689 Port Lavaca $11,752 Culberson County $789 Port Neches $38,849 Cumby $5,320 Portland $76,517 Cuney $606 Post $2,332 Cushing $1,120 Post Oak Bend City $1,034 Cut and Shoot $2,141 Poteet $6,767 DISH $19 Poth $3,974 Daingerfield $12,476 Potter County $371,701 Daisetta $5,370 Pottsboro $12,302 Dalhart $11,609 Powell $110 Dallam County $21,686 Poynor $1,180 Dallas County $8,538,291 Prairie View $7,600 Dallas $2,999,902 Premont $3,321 Dalworthington Gardens $6,060 Presidio $148 Danbury $4,231 Presidio County $787 Darrouzett $101 Primera $2,958 Dawson $600 Princeton $19,245 Dawson County $46,911 Progreso $8,072 Dayton $47,122 Progreso Lakes $39 Dayton Lakes $38 Prosper $22,770 De Kalb $1,035 Providence Village $508 De Leon $8,218 Putnam $14 De Witt County $68,895 Pyote $22 DeCordova $13,778 Quanah $207 DeSoto $72,400 Queen City $4,837 Deaf Smith County $34,532 Quinlan $7,304 Dean $141 Quintana $492 Decatur $56,669 Quitaque $8 Deer Park $49,388 Quitman $15,619 Del Rio $59,056 Rains County $53,190 Dell City $15 Ralls $3,967 Delta County $30,584 Rancho Viejo $3,836 Denison $210,426 Randall County $278,126 Denton $458,334 Ranger $12,186 Denton County $1,132,298 Rankin $1,613 Denver City $2,104 Ransom Canyon $930 Deport $42 Ravenna $685 Detroit $965 Raymondville $7,466 Devers $191 Reagan County $25,215 178 Page 10 Devine $4,354 Real County $5,073 Diboll $25,533 Red Lick $23 Dickens $71 Red Oak $26,843 Dickens County $1,873 Red River County $29,306 Dickinson $83,683 Redwater $1,058 Dilley $2,633 Reeves County $103,350 Dimmit County $33,294 Refugio $8,839 Dimmitt $1,012 Refugio County $46,216 Dodd City $1,211 Reklaw $1,136 Dodson $447 Reno $3,791 Domino $196 Reno $11,164 Donley County $22,370 Retreat $52 Donna $13,798 Rhome $12,285 Dorchester $231 Rice $1,972 Double Oak $4,765 Richardson $260,315 Douglassville $574 Richland $210 Dripping Springs $811 Richland Hills $24,438 Driscoll $39 Richland Springs $2,234 Dublin $14,478 Richmond $77,606 Dumas $26,229 Richwood $12,112 Duncanville $58,328 Riesel $1,118 Duval County $49,109 Rio Bravo $8,548 Eagle Lake $4,882 Rio Grande City $25,947 Eagle Pass $56,005 Rio Hondo $3,550 Early $14,838 Rio Vista $4,419 Earth $242 Rising Star $1,933 East Bernard $5,554 River Oaks $11,917 East Mountain $2,494 Riverside $858 East Tawakoni $2,723 Roanoke $275 Eastland $15,896 Roaring Springs $461 Eastland County $52,275 Robert Lee $85 Easton $329 Roberts County $547 Ector $1,108 Robertson County $44,642 Ector County $480,000 Robinson $18,002 Edcouch $4,101 Robstown $40,154 Eden $497 Roby $428 Edgecliff Village $2,232 Rochester $674 Edgewood $13,154 Rockdale $20,973 Edinburg $120,884 Rockport $54,253 Edmonson $136 Rocksprings $25 179 Page 11 Edna $18,194 Rockwall $114,308 Edom $2,149 Rockwall County $168,820 Edwards County $975 Rocky Mound $280 El Campo $31,700 Rogers $3,818 El Cenizo $621 Rollingwood $4,754 El Lago $5,604 Roma $16,629 El Paso $1,224,371 Roman Forest $8,610 El Paso County $2,592,121 Ropesville $2,122 Eldorado $50 Roscoe $778 Electra $15,716 Rose City $4,012 Elgin $26,284 Rose Hill Acres $2,311 Elkhart $301 Rosebud $1,489 Ellis County $315,372 Rosenberg $126,593 Elmendorf $746 Ross $147 Elsa $7,720 Rosser $549 Emhouse $83 Rotan $1,493 Emory $3,878 Round Mountain $454 Enchanted Oaks $1,299 Round Rock $475,992 Encinal $1,515 Round Top $140 Ennis $81,839 Rowlett $99,963 Erath County $102,616 Roxton $47 Escobares $40 Royse City $23,494 Estelline $909 Rule $800 Euless $92,824 Runaway Bay $6,931 Eureka $334 Runge $255 Eustace $2,089 Runnels County $33,831 Evant $2,068 Rusk $17,991 Everman $7,692 Rusk County $151,390 Fair Oaks Ranch $8,077 Sabinal $1,811 Fairchilds $81 Sabine County $46,479 Fairfield $1,245 Sachse $23,400 Fairview $32,245 Sadler $925 Falfurrias $2,221 Saginaw $31,973 Falls City $41 Salado $3,210 Falls County $34,522 San Angelo $536,509 Fannin County $131,653 San Antonio $4,365,416 Farmers Branch $94,532 San Augustine $25,182 Farmersville $10,532 San Augustine County $37,854 Farwell $343 San Benito $40,015 Fate $3,473 San Diego $11,771 180 Page 12 Fayette County $92,440 San Elizario $7,831 Fayetteville $391 San Felipe $1,498 Ferris $13,873 San Jacinto County $197,398 Fisher County $5,518 San Juan $28,845 Flatonia $5,661 San Leanna $36 Florence $3,949 San Marcos $325,688 Floresville $21,699 San Patricio $4,213 Flower Mound $215,256 San Patricio County $271,916 Floyd County $9,049 San Perlita $2,219 Floydada $6,357 San Saba $10,057 Foard County $5,764 San Saba County $17,562 Follett $212 Sanctuary $17 Forest Hill $26,132 Sandy Oaks $9,863 Forney $80,112 Sandy Point $1,637 Forsan $576 Sanford $308 Fort Bend County $1,506,719 Sanger $22,237 Fort Stockton $4,411 Sansom Park $223 Fort Worth $2,120,790 Santa Anna $329 Franklin $3,931 Santa Clara $87 Franklin County $25,783 Santa Fe $33,272 Frankston $274 Santa Rosa $2,138 Fredericksburg $56,486 Savoy $2,349 Freeport $72,973 Schertz $60,110 Freer $3,271 Schleicher County $5,695 Freestone County $50,495 Schulenburg $2,560 Friendswood $140,330 Scotland $148 Frio County $19,954 Scottsville $708 Friona $2,848 Scurry $1,110 Frisco $405,309 Scurry County $73,116 Fritch $4,548 Seabrook $30,270 Frost $321 Seadrift $991 Fruitvale $2,344 Seagoville $17,106 Fulshear $5,272 Seagraves $7,531 Fulton $1,602 Sealy $20,637 Gaines County $54,347 Seguin $376,538 Gainesville $153,980 Selma $22,429 Galena Park $13,093 Seminole $16,092 Gallatin $1,253 Seven Oaks $3,917 Galveston $488,187 Seven Points $7,452 Galveston County $1,124,093 Seymour $14,218 181 Page 13 Ganado $5,510 Shackelford County $1,288 Garden Ridge $11,351 Shady Shores $594 Garland $420,244 Shallowater $1,907 Garrett $2,510 Shamrock $4,328 Garrison $3,555 Shavano Park $3,178 Gary City $450 Shelby County $109,925 Garza County $8,944 Shenandoah $47,122 Gatesville $26,994 Shepherd $147 George West $6,207 Sherman $330,585 Georgetown $225,896 Sherman County $7,930 Gholson $1,505 Shiner $4,042 Giddings $12,674 Shoreacres $958 Gillespie County $63,191 Silsbee $66,442 Gilmer $33,951 Silverton $14 Gladewater $24,638 Simonton $1,906 Glasscock County $1,000 Sinton $23,658 Glen Rose $540 Skellytown $400 Glenn Heights $16,593 Slaton $154 Godley $3,115 Smiley $655 Goldsmith $677 Smith County $758,961 Goldthwaite $1,225 Smithville $17,009 Goliad $3,563 Smyer $300 Goliad County $34,660 Snook $1,422 Golinda $100 Snyder $9,018 Gonzales $14,882 Socorro $11,125 Gonzales County $33,230 Somerset $1,527 Goodlow $221 Somervell County $57,076 Goodrich $9,643 Somerville $3,806 Gordon $365 Sonora $7,337 Goree $749 Sour Lake $17,856 Gorman $3,107 South Houston $25,620 Graford $23 South Mountain $154 Graham $235,428 South Padre Island $30,629 Granbury $71,735 Southlake $70,846 Grand Prairie $445,439 Southmayd $7,096 Grand Saline $36,413 Southside Place $885 Grandfalls $65 Spearman $14,000 Grandview $6,600 Splendora $7,756 Granger $2,741 Spofford $7 Granite Shoals $11,834 Spring Valley Village $16,404 182 Page 14 Granjeno $43 Springlake $3 Grapeland $7,287 Springtown $14,244 Grapevine $129,195 Spur $427 Gray County $65,884 St. Hedwig $111 Grays Prairie $17 St. Jo $7,360 Grayson County $539,083 St. Paul $21 Greenville $203,112 Stafford $75,145 Gregg County $243,744 Stagecoach $3,036 Gregory $4,697 Stamford $398 Grey Forest $474 Stanton $3,838 Grimes County $94,878 Staples $19 Groesbeck $5,745 Star Harbor $151 Groom $965 Starr County $99,896 Groves $40,752 Stephens County $35,244 Groveton $8,827 Stephenville $83,472 Gruver $1,166 Sterling City $62 Guadalupe County $146,824 Sterling County $939 Gun Barrel City $36,302 Stinnett $4,097 Gunter $4,609 Stockdale $741 Gustine $34 Stonewall County $1,822 Hackberry $94 Stratford $8,378 Hale Center $6,042 Strawn $987 Hale County $79,150 Streetman $5 Hall County $8,933 Sudan $32 Hallettsville $6,895 Sugar Land $321,561 Hallsburg $272 Sullivan City $6,121 Hallsville $10,239 Sulphur Springs $124,603 Haltom City $71,800 Sun Valley $4 Hamilton $3,581 Sundown $2,592 Hamilton County $66,357 Sunnyvale $3,248 Hamlin $4,656 Sunray $2,571 Hansford County $16,416 Sunrise Beach Village $2,083 Happy $327 Sunset Valley $9,425 Hardeman County $15,219 Surfside Beach $6,530 Hardin $100 Sutton County $6,541 Hardin County $379,800 Sweeny $4,503 Harker Heights $113,681 Sweetwater $68,248 Harlingen $165,429 Swisher County $7,251 Harris County $14,966,202 Taft $5,861 Harrison County $185,910 Tahoka $430 183 Page 15 Hart $86 Talco $372 Hartley County $786 Talty $9,124 Haskell $10,829 Tarrant County $6,171,159 Haskell County $22,011 Tatum $972 Haslet $1,908 Taylor $57,945 Hawk Cove $674 Taylor County $351,078 Hawkins $7,932 Taylor Lake Village $412 Hawley $931 Taylor Landing $153 Hays $506 Teague $1,714 Hays County $529,489 Tehuacana $12 Hearne $16,824 Temple $280,747 Heath $28,751 Tenaha $4,718 Hebron $687 Terrell $148,706 Hedley $70 Terrell County $5,737 Hedwig Village $13,067 Terrell Hills $9,858 Helotes $15,790 Terry County $25,423 Hemphill $8,035 Texarkana $192,094 Hemphill County $14,394 Texas City $298,702 Hempstead $21,240 Texhoma $156 Henderson $59,966 Texline $865 Henderson County $327,965 The Colony $114,297 Henrietta $2,720 The Hills $1,004 Hereford $20,423 Thompsons $1,897 Hewitt $19,776 Thorndale $1,595 Hickory Creek $16,510 Thornton $270 Hico $5,534 Thorntonville $87 Hidalgo $26,621 Thrall $825 Hidalgo County $1,253,103 Three Rivers $4,669 Hideaway $922 Throckmorton $29 Higgins $43 Throckmorton County $5,695 Highland Haven $320 Tiki Island $2,178 Highland Park $43,383 Timbercreek Canyon $369 Highland Village $50,315 Timpson $12,642 Hill Country Village $6,485 Tioga $2,390 Hill County $127,477 Tira $185 Hillcrest $5,345 Titus County $70,611 Hillsboro $46,609 Toco $4 Hilshire Village $859 Todd Mission $1,680 Hitchcock $28,796 Tolar $2,369 Hockley County $46,407 Tom Bean $2,293 184 Page 16 Holiday Lakes $1,795 Tom Green County $282,427 Holland $77 Tomball $34,620 Holliday $5,910 Tool $14,787 Hollywood Park $9,424 Toyah $40 Hondo $115,288 Travis County $4,703,473 Honey Grove $7,196 Trent $63 Hood County $292,105 Trenton $3,089 Hooks $2,702 Trinidad $5,859 Hopkins County $149,518 Trinity $23,652 Horizon City $7,520 Trinity County $105,766 Horseshoe Bay $48,173 Trophy Club $29,370 Houston County $78,648 Troup $7,918 Houston $7,021,793 Troy $5,320 Howard County $89,330 Tulia $8,911 Howardwick $84 Turkey $737 Howe $9,177 Tuscola $138 Hubbard $3,635 Tye $1,766 Hudson $6,840 Tyler $723,829 Hudson Oaks $15,637 Tyler County $131,743 Hudspeth County $985 Uhland $1,545 Hughes Springs $4,442 Uncertain $185 Humble $73,952 Union Grove $994 Hunt County $309,851 Union Valley $666 Hunters Creek Village $14,708 Universal City $28,428 Huntington $8,792 University Park $50,833 Huntsville $80,373 Upshur County $128,300 Hurst $99,187 Upton County $8,499 Hutchins $9,551 Uvalde $18,439 Hutchinson County $74,630 Uvalde County $36,244 Hutto $38,346 Val Verde County $117,815 Huxley $738 Valentine $207 Idalou $1,999 Valley Mills $2,228 Impact $8 Valley View $1,824 Indian Lake $473 Van $6,206 Industry $604 Van Alstyne $43,749 Ingleside on the Bay $142 Van Horn $211 Ingleside $40,487 Van Zandt County $248,747 Ingram $5,243 Vega $974 Iola $3,164 Venus $9,792 Iowa Colony $4,090 Vernon $81,337 185 Page 17 Iowa Park $23,487 Victoria $84,598 Iraan $56 Victoria County $520,886 Iredell $216 Vidor $95,620 Irion County $9,105 Vinton $622 Irving $427,818 Volente $333 Italy $5,349 Von Ormy $513 Itasca $8,694 Waco $512,007 Ivanhoe $26 Waelder $3,427 Jacinto City $14,141 Wake Village $174 Jack County $14,799 Walker County $184,624 Jacksboro $23,254 Waller County $126,206 Jackson County $37,984 Waller $11,295 Jacksonville $80,179 Wallis $2,698 Jamaica Beach $4,913 Walnut Springs $183 Jarrell $2,423 Ward County $67,920 Jasper $78,422 Warren City $66 Jasper County $248,855 Washington County $83,727 Jayton $63 Waskom $5,346 Jeff Davis County $8,500 Watauga $33,216 Jefferson $11,194 Waxahachie $152,094 Jefferson County $756,614 Weatherford $207,872 Jersey Village $36,347 Webb County $505,304 Jewett $9,338 Webberville $1,280 Jim Hogg County $12,718 Webster $53,202 Jim Wells County $166,539 Weimar $5,830 Joaquin $810 Weinert $234 Johnson City $3,581 Weir $443 Johnson County $408,692 Wellington $9,111 Jolly $26 Wellman $383 Jones County $22,001 Wells $1,357 Jones Creek $5,078 Weslaco $73,949 Jonestown $6,419 West $3,522 Josephine $881 West Columbia $17,958 Joshua $20,619 West Lake Hills $17,056 Jourdanton $9,600 West Orange $42,452 Junction $4,825 West Tawakoni $6,995 Justin $8,575 West University Place $34,672 Karnes City $11,632 Westbrook $43 Karnes County $35,249 Westlake $41,540 Katy $52,467 Weston $266 186 Page 18 Kaufman $27,607 Weston Lakes $189 Kaufman County $353,047 Westover Hills $4,509 Keene $38,296 Westworth Village $7,842 Keller $79,189 Wharton $31,700 Kemah $28,325 Wharton County $72,887 Kemp $6,419 Wheeler $447 Kempner $330 Wheeler County $26,273 Kendall County $100,643 White Deer $1,273 Kendleton $13 White Oak $15,305 Kenedy $676 White Settlement $23,304 Kenedy County $1,000 Whiteface $155 Kenefick $416 Whitehouse $29,017 Kennard $132 Whitesboro $18,932 Kennedale $21,024 Whitewright $7,098 Kent County $939 Whitney $73 Kerens $1,924 Wichita County $552,371 Kermit $5,652 Wichita Falls $832,574 Kerr County $218,452 Wickett $87 Kerrville $190,357 Wilbarger County $55,124 Kilgore $105,583 Willacy County $24,581 Killeen $535,650 Williamson County $1,195,987 Kimble County $20,480 Willis $24,384 King County $1,000 Willow Park $26,737 Kingsville $20,083 Wills Point $43,765 Kinney County $2,142 Wilmer $426 Kirby $8,752 Wilson $12 Kirbyville $10,690 Wilson County $121,034 Kirvin $2 Wimberley $724 Kleberg County $124,109 Windcrest $12,908 Knollwood $1,160 Windom $1,087 Knox City $1,962 Windthorst $3,385 Knox County $11,730 Winfield $290 Kosse $2,468 Wink $120 Kountze $19,716 Winkler County $61,163 Kress $186 Winnsboro $28,791 Krugerville $1,508 Winona $319 Krum $9,661 Winters $6,229 Kurten $686 Wise County $289,074 Kyle $51,835 Wixon Valley $441 La Feria $10,381 Wolfe City $5,466 187 Page 19 La Grange $9,623 Wolfforth $4,022 La Grulla $1,708 Wood County $267,048 La Joya $8,457 Woodbranch $9,617 La Marque $98,930 Woodcreek $358 La Porte $91,532 Woodloch $1,012 La Salle County $14,975 Woodsboro $1,130 La Vernia $3,217 Woodson $122 La Villa $572 Woodville $20,340 La Ward $321 Woodway $25,713 LaCoste $159 Wortham $376 Lacy-Lakeview $11,599 Wylie $114,708 Ladonia $2,011 Yantis $2,072 Lago Vista $13,768 Yoakum County $34,924 Laguna Vista $3,689 Yoakum $20,210 Lake Bridgeport $232 Yorktown $5,447 Lake City $2,918 Young County $44,120 Lake Dallas $25,314 Zapata County $56,480 Lake Jackson $75,781 Zavala County $38,147 Lake Tanglewood $613 Zavalla $1,088 Lake Worth $20,051 188 ꢀ ꢀ EXHIBITꢀCꢀ 189 Exhibit C: TX Opioid Council & Health Care Region Allocations plus Administrative Costs 70% of Total ($700 million) Health Care Region Allocation*: $693 million; Administrative Costs: $7 million Region Counties in Health Care Region Allocation 1 Anderson, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Freestone, Gregg, Harrison, Henderson, Hopkins, Houston, Hunt, Lamar, Marion, Morris, Panola, Rains, Red, River, Rusk, Smith, Titus, Trinity, Upshur, Van, Zandt, Wood $38,223,336 2 Angelina, Brazoria, Galveston, Hardin, Jasper, Jefferson, Liberty, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Tyler $54,149,215 3 Austin, Calhoun, Chambers, Colorado, Fort Bend, Harris, Matagorda, Waller, Wharton $120,965,680 4 Aransas, Bee, Brooks, De Witt, Duval, Goliad, Gonzales, Jackson, Jim Wells, Karnes, Kenedy, Kleberg, Lavaca, Live Oak, Nueces, Refugio, San Patricio, Victoria $27,047,477 5 Cameron, Hidalgo, Starr, Willacy $17,619,875 6 Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Kendall, Kerr, Kinney, La Salle, McMullen, Medina, Real, Uvalde, Val Verde, Wilson, Zavala $68,228,047 7 Bastrop, Caldwell, Fayette, Hays, Lee, Travis $50,489,691 8 Bell, Blanco, Burnet, Lampasas, Llano, Milam, Mills, San Saba, Williamson $24,220,521 9 Dallas, Kaufman $66,492,094 10 Ellis, Erath, Hood, Johnson, Navarro, Parker, Somervell, Tarrant, Wise $65,538,414 11 Brown, Callahan, Comanche, Eastland, Fisher, Haskell, Jones, Knox, Mitchell, Nolan, Palo Pinto, Shackelford, Stephens, Stonewall, Taylor $9,509,818 12 Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Floyd, Gaines, Garza, Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Swisher, Terry, Wheeler, Yoakum $23,498,027 13 Coke, Coleman, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Pecos, Reagan, Runnels, Schleicher, Sterling, Sutton, Terrell, Tom Green $5,195,605 14 Andrews, Brewster, Crane, Culberson, Ector, Glasscock, Howard, Jeff Davis, Loving, Martin, Midland, Presidio, Reeves, Upton, Ward, Winkler $12,124,354 15 El Paso, Hudspeth $17,994,285 16 Bosque, Coryell, Falls, Hamilton, Hill, Limestone, McLennan $9,452,018 17 Brazos, Burleson, Grimes, Leon, Madison, Montgomery, Robertson, Walker, Washington $23,042,947 18 Collin, Denton, Grayson, Rockwall $39,787,684 19 Archer, Baylor, Clay, Cooke, Foard, Hardeman, Jack, Montague, Throckmorton, Wichita, Wilbarger, Young $12,665,268 20 Jim Hogg, Maverick, Webb, Zapata $6,755,656 Administrative Costs $7,000,000 * Each Region shall reserve 25% of its allocation for Targeted Funds under the guidelines of Exhibit A. 190 B-1 EXHIBIT B Subdivision Settlement Participation Form Governmenta l Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"),in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 ("Distributor Settlemenf' ), and acting through the undersigned authorized official, hereby elects to participate inthe Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms i n this Participation Form have the meanings defined therein , and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall , within 14 days of th e Referen ce Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. 6. The Governmenta l Entity submits to the jurisdiction of the court in the Governmental Entity 's state where the Consent Judgment is filed for purposes limited to that court 's role as provided in, and for resolving disputes to the extent provid ed in, the Distributor Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving di sput es to the extent otherwise provided in, the Distributor Settlement. 191 B-2 7. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including, but not limited to, all provisions of Part XI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally , and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brou ght, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set fo1th in the Distributor Settlement. 10. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other juri sdiction , or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Distributor Settlement. 192 B-3 11. Not hing h erein is intended to modif y in any way the te1ms of th e Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is interpreted differently from the Distributor Settlement in any respect, the Distributor Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: Name: Title: Date: 193 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ELECTING TO PARTICIPATE IN THE PROPOSED OPIOID SETTLEMENTS BROUGHT BY THE STATE OF TEXAS AND OTHER JURISDICTIONS AGAINST VARIOUS PHARMACEUTICAL COMPANIES FOR THEIR ROLES IN THE NATIONAL OPIOID CRISIS; MAKING FINDINGS; AUTHORIZING THE CITY MANAGER TO EXECUTE APPROPRIATE DOCUMENTATION RELATED THERETO; ADOPTING THE TEXAS TERM SHEET; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Texas, along with a broad coalition of states and political subdivisions from across the country, sued three (3) major opioid distributors—McKesson, Cardinal Health and Amerisource Bergen—along with an opioid manufacturer—Johnson & Johnson—for their role in the national opioid crisis; and WHEREAS, opioid use in the United States has resulted in an increase of opioid drug overdose deaths to a record high 69,000 in 2020, and in Texas at the same time drug overdose deaths increased 31.9%, driven primarily by opioid overdose deaths; and WHEREAS, the opioid overdose death increase was driven primarily by fentanyl and other synthetic opioids; and WHEREAS, all three (3) opioid distributors and opioid manufacturer Johnson & Johnson have reached a final settlement with Texas and the other jurisdictions; and WHEREAS, Texas’ combined share of the settlements is approximately $1.5 billion, and Texas municipalities can participate in the settlement if they elect to participate and if a municipality elects not to participate, the municipality would be required to institute its own litigation against the opioid distributors and/or manufacturers; and WHEREAS, the Texas Attorney General’s Office has requested that the City of The Colony, Texas, and other Texas local governments elect to participate in the settlements, and to express such intent in a resolution by the governing body; and WHEREAS, it is the intent of the City Council of the City of The Colony, Texas, to elect to participate in the settlements and therefore, such election to participate and to adopt the settlement term sheet will be forwarded to the Texas Attorney General’s Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITYCOUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: 194 SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. The City Council of the City of The Colony, Texas, hereby authorizes the City Manager to execute any and all necessary documentation reflecting the City’s election to participate in the settlements referenced in this Resolution, as reflected in Exhibit A, a copy of which is attached hereto, “Subdivision Settlement Participation Form,” and to adopt Exhibit B, a copy of which is attached hereto, “Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet,” and to take any and all other steps requested or authorized by the Texas Attorney General’s Office relative the settlements referenced in this Resolution. SECTION 3.That all provisions of the resolutions of the City of The Colony, Texas, in conflict with the provisions of this Resolution be, and the same are hereby amended, repealed, and all other provisions of the resolutions of the City not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 4. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 6TH DAY OF OCTOBER 2021. Joe McCourry, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 195 Exhibit A [Subdivision Settlement Participation Form] 196 Exhibit B [Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet] 197 Agenda Item No:5.5 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 2021 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider nominations for individuals to serve on the Denton Central Appraisal District Board of Directors for a two year term beginning January 1, 2022. (Council) Suggested Action: Attachments: DCAD Nominations.pdf Res. 2021-xxx Denton Central Appraisal District Nomination 2021.doc 198 199 200 201 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2021 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, NOMINATINGMEMBERSTO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS,the selection process is set forth in Section 6.03 of the Property Tax Code. This process is not an “election” governed by the Texas Election Code. It is an independent procedure unique to the property tax system; and WHEREAS, The Colony isa member of the Denton Central Appraisal District and is entitledto nominate up to 5 candidates in the election of the Board of Directors; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.That the City of The Colony hereby nominates ________as members of the Denton Central Appraisal District Board of Directors. SECTION 2.That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 6th day of October, 2021. Joe McCourry, Mayor ATTEST: Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 202 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 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). Suggested Action: Attachments: 203 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: October 6, 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). Suggested Action: Attachments: 204