HomeMy WebLinkAbout2021 1103Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by:
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 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:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by:
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by:
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for October 19, 2021. (Stewart)
Suggested Action:
Attachments:
October 19, 2021 DRAFT Minutes.docx
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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
OCTOBER 19, 2021
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:31 p.m. on the 19
th day of October 2021, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Joe McCourry, Mayor
Kirk Mikulec, Deputy Mayor Pro Tem
Richard Boyer, Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Councilmember
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Absent (Business)
Present
Present
Present
Absent (Business)
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
Mayor McCourry called the meeting to order at 6:31 p.m.
1.2 Invocation
Mayor Pro Tem Boyer delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
1.5.1 Proclamation: National Chiropractic Health Month.
Mayor McCourry proclaimed October 2021 as "National Chiropractic
Health" month. Dr. Andrew Oteo with The Colony's Stonebridge Chiropractic and
President of the Texas Chiropractic Association, Region 5 accepted the
proclamations.
Councilmember Marks announced early voting has started for the November 2,
2021 General Election.
2.0 CITIZEN INPUT
Robyn Holtz, 7262 Waters Edge Drive, spoke concerning her race for Place 2 on The
Colony City Council.
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City Council – Regular Meeting Agenda
October 19 2021
Page| 2
Judy Ensweiler, 7205 Waters Edge Drive, spoke concerning her race for Place 1 on The
Colony City Council.
Mark Moretto submitted citizen input via email concerning the noise and parking
ordinance.
3.0 WORK SESSION
3.1 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Schrag; second by Mikulec, motion
carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for October 6,
2021.
**ITEM REMOVED FROM AGENDA FOR SEPARATE CONSIDERATION**
4.2 Consider approving a resolution authorizing the City Manager to execute a
Professional Services Contract with Dunkin Sims Stoffels Inc., in the amount of
$63,250.00 for Kids Colony Splash Park Phase 2, with funding from the
Community Development Corporation.
Motion to table this item until the November 3, 2021 meeting- Boyer; second by Marks, motion
carried with all ayes.
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss and consider an appeal of the Sign Board of
Appeals regarding a variance from Chapter 6, Section 6-258, Prohibited signs, to
allow an off-premise LED digital sign, “Billboard,” at 3905 SH 121. The subject site
is within the Business Park (BP) Zoning District and the Gateway Overlay District.
(A request has been made by Applicant to postpone consideration to November
3, 2021).
Motion to postpone this item until the November 3, 2021 meeting- Boyer; second by Marks,
motion carried with all ayes.
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City Council – Regular Meeting Agenda
October 19 2021
Page| 3
5.2 Conduct a public hearing, discuss and consider an ordinance for a Specific Use
Permit (SUP) to allow a thrift store with outdoor donation area known as “Grace
Bridge,” and consider relief in accordance with Section 10-906 from (1) that a thrift
store be located within two miles of another thrift store (Section 10-2500(1)), and
(2) that thrift store shall not be the anchor store in a shopping center, minimum of
25 percent smaller in size than the major tenant (Section 10-2500(2)). The subject
site is located at 4711 SH 121, Suite 200, containing a total area of approximately
25,660 square feet, within the Planned Development – 11 (PD-11) Zoning District
and the Gateway Overlay District.
Senior Planner, Isaac Williams, presented the proposed ordinance specific use
permit to Council. Mr. Williams reviewed the land use analysis, site plans, floor
plans, parking plans, landscape plan, and elevation plans. The Development
Review Committee recommended approval of the Specific Use Permit with
conditions to be permitted within two miles of another thrift store and less than a
minimum of 25% smaller than the major anchor of the shopping center. On
September 28, 2021,the Planning and Zoning Commission voted 4-2to recommend
approval of the proposed site plan.
The public hearing opened at 6:57 p.m. then Carter Morris, 1336 Tidwell Lane,
Celina, spoke in support of the proposed ordinance. Ron Johnson, 9300 Wade
Boulevard, Frisco, appeared in support of the proposed ordinance. Three
individuals registered in opposition of the proposed ordinance. There being no
other speakers the public hearing closed at 7:18 p.m.
Council provided discussion on this item and moved to deny this item.
Motion to deny- Terre; second by Boyer, motion carried with all ayes.
5.3 Discuss and consider approving a resolution authorizing the City Manager to accept
a bid from Sydaptic, Inc., in the amount of $157,259.00 for contract services to
install a new Jail Control Integrated System for the Police Department.
Assistant Police Chief Chris Chandler provided an overview on this item.
Motion to approve- Wade; second by Terre, motion carried with all ayes.
RESOLUTION NO. 2021-067
5.4 Discuss and consider approving a resolution authorizing the City Manager to
execute the purchase of new police vehicles from Siddons-Martin in the amount of
$300,000.00 from the Operations Budget; and $320,000.00 from the Capital Outlay
Fund.
Police Chief David Coulon provided an overview on this item.
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City Council – Regular Meeting Agenda
October 19 2021
Page| 4
Motion to approve- Boyer; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2021-068
Executive Session was convened at 7:35 p.m.
6.0 EXECUTIVE SESSION
6.1.A. 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).
Regular Session was reconvened at 8:05 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s).
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 8:05 p.m.
APPROVED:
__________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for the month of September 2021. (Council)
Suggested Action:
Attachments:
Council September Expenditures.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by: Tina Stewart
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Professional Services Contract with
Dunkin Sims Stoffels Inc. in the amount of $63,250.00 for Kids Colony Splash Park Phase 2, with funding from
the Community Development Corporation. (Morgan)
Suggested Action:
Attachments:
Kids Colony Splash Park Phase 2 Professional Services Agreement wit Exhibits.pdf
Res. 2021-xxx Dunkin Sims Stoffels Professional Services Agreement.doc
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STATE OF TEXAS § CITY OF THE COLONY, TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This Agreement for Professional Services (“Agreement”) is made by and between the
City of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”),
and DUNKIN SIMS STOFFELS, INC (“Professional”) (individually, each a “Party” and
collectively, “Parties”), acting by and through the Parties’ authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services for City for KID’S
COLONY SPLASH PARK PHASE II (“Project”) in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowled ged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement
to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of Professional’s profession, both public and private, currently practicing
in the same locality under similar conditions including but not limited to the exercise of
reasonable, informed judgments and prompt, timely action. If Professional is representing this it
has special expertise in one or more areas to be utilized in the performance of this Agreement,
then Professional agrees to perform those special expertise services to the appropriate local,
regional and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the “Effective Date”) and shall continue until completion of the services provided
by Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days prior
written notice to City. In the event of such termination by Professional, Professional shall be
entitled to compensation for services satisfactorily completed in accordance with this Agreement
prior to the date of such termination.
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2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to
the date of such termination. Upon receipt of such notice from City, Professional shall
immediately terminate working on, placing orders or entering into contracts for supplies,
assistance, facilities or materials in connection with this Agreement and shall proceed to
promptly cancel all existing contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A,
attached hereto and incorporated herein by reference, entitled “Scope of Services”. In case of
conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of
this Agreement shall control.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
3.3 Schematic Design Documents, Design Development Documents, Contract
Documents, Drawings, Plans, Specifications and other documents, including those in electronic
form, prepared by Professional and its consultants, agents, representatives, and/or employees in
connection with the Project (“Project Documents”) are intended for the use and benefit of City.
Professional and its consultants, agents, representatives, and/or employees shall be deemed the
authors of their respective part of said Project Documents. Notwithstanding the foregoing, City
shall own, have, keep and retain all rights, title and interest in and to a ll Project Documents,
including all ownership, common law, statutory, and other reserved rights, including copyrights,
in and to all such Project Documents, whether in draft form or final form, which are produced at
City’s request and in furtherance of this Agreement or for the Project. City shall have full
authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and
material or equipment suppliers to reproduce applicable portions of the Project Documents to
and for use in their execution of the work or for any other purpose. All materials and reports
prepared by Professional in connection with this Agreement are “works for hire” and shall be the
property of City. Professional shall, upon completion of the services provided under this
Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all
materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall
provide same in electronic format if requested by City. Any re-use of the Project Documents by
the City on any other project not contemplated or included under this Agreement shall be at the
City’s sole risk, without liability to Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the “Work Schedule”), which is attached hereto and incorporated as Exhibit
C.
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4.2 In the event Professional’s performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in
fee or price, or to authorize damages or additional compensation as a consequence of such
delays, within a reasonable time after receipt of Professional’s request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be
claimed or made by Professional, unless Professional shall have made written request upon City
for such extension not later than five (5) business days after the occurrence of the cause serving
as the basis for such extension request, and unless City and Professional have agreed in writing
upon the allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit B
by payment of a fee not to exceed $63,250.00.
5.2 Each month Professional shall submit to City an invoice supporting the amount
for which payment is sought. Each invoice shall also state the percentage of work completed on
the Project through the end of the then submitted billing period, the total of the current invoice
amount, and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional’s approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services
that is unsatisfactory as determined by City or which is not performed in compliance with the
terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this
section constitute a waiver of any right, at law or in equity, which City may have if Professional
is in default, including the right to bring legal action for damages or for specific performance of
this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of
any subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
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shall pay Professional compensation for such services at mutually agreed upon charges or rates,
and within the time schedule prescribed by City, and without decreasing the effectiveness of the
performance of services required under this Agreement. In any event, when Professional is
directed to revise or expand the scope of services under this Agreement, Professional shall
provide City a written proposal for the entire costs involved in performing such additional
services. Prior to Professional undertaking any revised or expanded services as directed by City
under this Agreement, City must authorize in writing the nature and scope of the services and
accept the method and amount of compensation and the time involved in all phases of the
Project.
6.2 It is expressly understood and agreed to by Professional that any compensation
not specified in this Agreement may require approval by the City Council of the City of The
Colony and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities, equipment, telephones, facsimile
machines, email facilities, and personnel necessary to perform the services required under this
Agreement unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with
the services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor,
and not as an agent, servant, representative, or employee of City. Professional shall supervise
the performance of its services and shall be entitled to control the manner, means and methods
by which Professional’s services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional’s
sequence of work or location at which Professional performs Professional’s work, except as may
be set forth in Exhibit A.
7.2 Professional shall be responsible for the professional quality, technical accuracy,
and the coordination of all designs, drawings, specifications, plans, and other services furnished
by Professional under this Agreement. Professional shall, without additional compensation,
correct or revise any errors or deficiencies in the Project Documents and other services provided
under this Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any
of, the services provided under this Agreement, shall be construed to operate as a waiver of any
rights under this Agreement, and Professional shall be and remain liable to City in accordance
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with applicable law for all damages to City caused by Professional’s negligent performance of
any of the services furnished under this Agreement.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating
coverages, limits, expiration dates and compliance with all applicable required provisions.
Certificates shall reference the project/contract number and be addressed as follows:
City of The Colony, Texas
Attention: City Manager
6800 Main Street
The Colony, Texas 75056
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate,
and $1,000,000 general aggregate. Coverage must be written on an occurrence form.
The General Aggregate shall apply on a per project basis.
B. Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$1,000,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of
professional services caused by error, omission or negligent act with minimum limits of
$2,000,000 per claim, $2,000,000 annual aggregate.
NOTE: If the insurance is written on a claims-made form, coverage shall be continuous
(by renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
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A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers’ Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability po licy, by using endorsement CG2026 or
broader .
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a
financial rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal
working hours to all necessary Professional facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this
section. City shall give Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that
any subcontractor agrees that City shall have access to and the right to examine any directly
pertinent books, documents, papers and records of such subcontractor involving transactions
related to the subcontract, and further, that City shall have access during normal working hours
to all such subcontractor facilities and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this section. City shall give any
such subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties
with respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to
grant all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to w hich
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the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall
govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall
be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree
to submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement, and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants, and obligations of the Parties, as well as any rights and benefits of the Parties,
pertaining to a period of time following the termination of this Agreement shall survive
termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections
10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent
by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City: With Copy to:
Troy C. Powell Pam Nelson
City Manager Community Services Director
City of The Colony City of The Colony
6800 Main Street 5151 N. Colony
The Colony, Texas 75056 The Colony, Texas 75056
If intended for Professional:
Bob Stoffels, RLA
Dunkin Sims Stoffels, Inc.
622 West State Street
Garland, Texas 75040
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10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its
employees, associates, agents or subcontractors for the accuracy and competency of their
designs, working drawings, specifications or other documents and work; nor shall such
acceptance be deemed an assumption of responsibility by City for any defect in the Project
Documents or other documents and work prepared by Professional, its employees, associates,
agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES,
DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S
FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY
TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO
THE EXTENT CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES
UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE
PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH
LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE
FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF
ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN
CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL,
ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT
PROFESSIONAL’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY
SATISFACTORY TO CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS
SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF
INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
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Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail
to commence the services in accordance with the provisions of this Agreement or fail to
diligently provide services in an efficient, timely and careful manner and in strict accordance
with the provisions of this Agreement or fail to use an adequate number or quality of personnel
to complete the services or fail to perform any of Professional’s obligations under this
Agreement, then City shall have the right, if Professional shall not cure any such default after
thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall
not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy
due to Professional’s nonperformance under this Agreement, the cost to City to complete the
services to be performed under this Agreement is in excess of that part of the contract sum which
as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall
reimburse City for such excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that
its representatives may have access to or otherwise receive information during the furtherance of
Professional’s obligations in accordance with this Agreement, which is of a confidential, non -
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional’s
own use or the use of any third party at any time during or subsequent to this Agreement. As
used herein, “Confidential Information” means all oral and written information concerning the
City, its affiliates and subsidiaries, and all oral and written information concerning City or its
activities, that is of a non-public, proprietary or confidential nature including, without limitation,
information pertaining to customer lists, services, methods, processes and operating procedures,
together with all analyses, compilations, studies or other documents, whether prepared by
Professional or others, which contain or otherwise reflect such information. The term
“Confidential Information” shall not include such information that is or becomes generally
available to the public other than as a result of disclosure to Professional, or is required to be
disclosed by a governmental authority under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive
of any other right or remedy herein by law or equity provided or permitted; but each right or
remedy shall be cumulative of every other right or remedy given hereunder. No covenant or
condition of this Agreement may be waived without written consent of the Parties. Forbearance
or indulgence by either Party shall not constitute a waiver of any covenant or condition to be
performed pursuant to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding
the fact that such third person or entity may be in contractual relationship with City or
Professional or both; and (2) the terms of this Agreement are not intended to release, either by
29
contract or operation of law, any third person or entity from obligations owing by them to either
City or Professional.
EXECUTED this _______ day of _____________________, 20___.
City of The Colony, Texas
By:
City Manager
Attest:
City Secretary
EXECUTED this _______ day of _____________________, 20___.
Professional
By:
Name:
____________________________________
Title:
____________________________________
Attest:
Corporate Secretary
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1
622 West State Street Garland, Texas 75040 (214) 553-5778
DUNKIN
SIMS
STOFFELS
Inc.
September 16, 2021
Eve Morgan
Park Development Manager
City of The Colony
5151 North Colony Blvd
The Colony, Texas 75056
Dear Ms. Morgan:
We appreciate the opportunity to submit this scope of services for the Kid’s Colony Splash Park –
Phase II. Dunkin Sims Stoffels (DSS), working with the City of The Colony, will develop design
and construction documents for the Kid’s Colony Splash Park – Phase II.
PROJECT SCOPE
A schematic master plan for the Kid’s Colony Playground was prepared in 2009. Phases I and II
were completed in 2011 and 2014, respectively. Kids Colony Splash Park – Phase I is currently
under construction. Kid’s Colony Splash Park – Phase II is the continued construction of the City’s
premier community playground. Facilities included in Kids Colony Splash Park – Phase II
development include the enhanced spray features in the splash park, fitness area, parking lot
expansion, restroom building, shade canopies and associated site pavement and utilities.
Schematic Design
DSS, with input from City Staff and the manufacturer’s representatives of the splash park
features, restroom building and fitness equipment will refine the Kids Colony Splash Park – Phase
II site plan. An opinion of probable cost (OPC) will be prepared for construction of the Kids
Colony Splash Park – Phase II features. DSS will submit the schematic design and OPC to City
Staff for their review and comment.
Design Development
DSS will further analyze the Kids Colony Splash Park – Phase II and propose refined design
recommendations and solutions for additional review and comment by City Staff. The OPC will be
refined and updated to reflect design modifications proposed within the design development
phase.
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Construction Documents and Specifications
Construction documents and specifications will be prepared for the Kids Colony Splash Park –
Phase II components outlined within the project scope. Dunkin Sims Stoffels, Inc. will perform the
following tasks in this section of the project:
Grading plan
Erosion Control plan
Layout Plan(s) locating the park features, shade canopies, parking lot expansion, concrete
pavement, restroom building, fitness equipment, utilities, etc.
Construction Details providing plans, sections, and/or elevations of the individual elements of
the project.
Assist with preparation of forms for BuyBoard Proposals.
Prepare the project specification manual.
Prepare the final opinion of probable cost.
BuyBoard Proposals
The Consultant will assist City Staff in procuring BuyBoard proposals from the various
manufacturers for the construction of Phase II of the Kids Colony Splash Park.
Construction Observation
The Consultant will perform the following professional services during construction of Kids Colony
Splash Park – Phase II:
Consultation and provide advice to the City.
Preparation of elementary and supplementary sketches required to resolve field conditions.
Approval of submittals and shop drawings submitted by contractor for conformance with the
design concept.
The Consultant shall make periodic site visits to determine if the project is proceeding in
accordance with the contract documents. The Consultant shall not be responsible or liable for
the Contractor's failure to perform the construction work in accordance with the contract
documents. DSS has included seven (7) site visits within our construction observation scope;
based upon an anticipated construction length of three months.
Review and approval of all certificates for payment submitted by the Contractor.
Prepare Change Orders for the City's approval and execution.
Coordinate final site walk through with the City at the conclusion of the construction and
provide a punch list to Contractor to complete the project.
Following substantial completion and/or final acceptance, the Consultant will prepare one set of
record drawings. The record drawings will be based on written record of observations by the City’s
Inspectors and information provided by the Contractor through written records and construction
mark-ups made to the project record drawings and specifications. If desired the Consultant will
provide AutoCAD, version 2018 drawing files of the record drawings. This AutoCAD file will be one
drawing file with all of the information encompassed within it and paper space delineation of each
individual sheet. There will not be a separate AutoCAD drawing file for each sheet within the drawing
set.
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Additional Services
Project Meetings - The Consultant has allowed for a total of two (2) meetings within the schematic
design, design development and construction document phases. Additional meetings or public
hearings with City Boards or other governmental bodies will be considered additional services and
billed at the hourly rates outlined within this agreement.
Design Changes/Increased Scope - Any substantial design changes following preparation of design
development documents and/or commencement of construction documents, as well as, increased
project scope will be considered an additional service and the Consultant may invoice for the
resultant changes to the construction documents and increased services at the hourly rates outlined
within this agreement.
Preparation of Alternates – Should the City request design alternates be prepared for bidding that
increase the project scope or exceed the current construction budget the Consultant may invoice the
City, in addition to the original contract amount, for the hours expended in preparing the alternates; at
the hourly rates outlined within this agreement.
COMPENSATION
The Consultant’s professional fee for the scope of services, exclusive of the subsidiary services and
reimbursable expenses delineated within this proposal, is $59,000.00*, this fee shall not be
exceeded without written authorization.
The professional fees for the services outlined within the separate phases of work delineated within
the proposal are as follows:
Schematic Design $ 2,950.00
Design Development $ 5,900.00
Construction Documents $ 29,500.00
BuyBoard Proposals $ 5,900.00
Construction Observation $ 14,750.00
Total Professional Fee: * $ 59,000.00
* Exclusive of reimbursable expenses
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For billing purposes and additional services, the following hourly rates shall be used:
DSS Principal $150.00 per hour
Landscape Architect $110.00 per hour
Project Manager – C.E. $140.00 per hour
Civil Engineer $130.00 per hour
Electrical Engineer $130.00 per hour
LiDAR Scanning (Survey) $250.00 per hour
Survey Field Crew (3 man) $140.00 per hour
Survey Field Crew (2 man) $120.00 per hour
GPS Field Crew (1 man) $100.00 per hour
Surveyor (RPLS) $100.00 per hour
Surveyor in Training (SIT) $ 80.00 per hour
Survey Technician $ 70.00 per hour
CAD Technician $ 90.00 per hour
Technical Support $ 75.00 per hour
Administrative $ 50.00 per hour
Reimbursable Expenses: Reimbursable items may include delivery charges, postage, CAD Plots,
commercial printing/reproduction charges, preparation of presentation boards. The cost for the
reimbursable items represents an ‘out-of-pocket’ expense to the consultant and shall be billed at the
consultant’s direct incurred cost.
Another reimbursable cost is the fee for submittal of the plans and specifications to a third party
Registered Accessibility Specialist (RAS) for the required Texas Department of Licensing and
Regulation’s (TDLR) Architectural Barriers plan review and post-construction inspection. There is
also a TDLR project registration fee. Any cost associated with certification of ADA compliance, if
applicable, will be considered a reimbursable expense.
The following list delineates anticipated costs for reimbursable expenses, as defined within this
proposal.
Reimbursable Expenses – Budgetary $ 2,500.00
TAS Registration, Plan Review & Post Construction Inspection $ 1,750.00
Total: $ 4,250.00
Consultant Invoices will be submitted monthly as the professional services are completed. Invoices
will be based on percentage of work completed per identifiable unit of work. The City agrees to
make prompt payments for all approved invoices.
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INDEMNIFICATION
The Consultant shall indemnify and does hereby hold harmless, the City, its agents and employees
from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of
or resulting from the negligent performance of the services on this project performed by the
Consultant, its employees, sub-contractors, agents and representatives and others from whom the
Consultant is legally liable.
TERMINATION
This Agreement may be terminated without cause at any time prior to completion of the Consultant’s
services, by the City or by the Consultant with cause, upon seven days written notice to the City at
the address of record. Termination shall release each party from all obligations of this Agreement.
Upon notice of termination, the Consultant shall prepare and submit to City a final invoice within thirty
(30) days.
AUTHORIZATION
DSS is prepared to initiate work on this project upon receipt of a signed copy of this agreement or
upon execution of a professional services agreement with the City of The Colony. We look forward
to working with The Colony’s Park and Recreation Department on Kid’s Colony Splash Park – Phase
II.
Sincerely,
Dunkin Sims Stoffels, Inc. ACCEPTED AND APPROVED BY:
____________________________
Bob Stoffels, RLA (Signature)
____________________________
(Typed Name)
____________________________
(Title)
AUTHORIZED TO EXECUTE
AGREEMENTS FOR:
____________________________
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6
ATTACHMENT ‘A’
PROFESSIONAL FEE SCHEDULE
Kid’s Colony Splash Park – Phase II
The Colony, Texas
PROFESSIONAL DESIGN SERVICES
Schematic Design $ 2,950.00
Design Development $ 5,900.00
Construction Documents $ 29,500.00
BuyBoard Proposals $ 5,900.00
Construction Observation $ 14,750.00
Professional Design Services Total: $ 59,000.00
Reimbursable Expenses: $ 2,500.00
TAS Registration, Plan Review & Post Construction Inspection: $ 1,750.00
TOTAL: $ 63,250.00
36
Sept. 29, 2021Oct. 27, 2021Nov. 24, 2021Dec. 22, 2021Jan. 19, 2022Feb. 16, 2022March 16, 2022March 13, 20221st Week2nd Week3rd Week4th Week5th Week6th Week7th Week8th Week9th Week10th Week11th Week12th Week13th Week14th Week15th Week16th Week17th Week18th Week19th Week20th Week21st Week22nd Week23rd Week24th Week25th Week26th Week27th Week28th Week29th WeekSchematic Design
Design Development
Construction Documents
Construction Document Review
BuyBoard Proposal
Building Permit Process
Construction
Meeting with City Staff
Construction Contract Approval
Project Timeline
KIDS' COLONY PHASE III
The Colony, Texas
September 16, 2021
Construction
*
*
Three to Five Months
*
*
37
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 AN AGREEMENT FOR PROFESSIONAL
SERVICES TO DUNKIN SIMS STOFFELS, INC., FOR THE
KIDS COLONY SPLASH PARK PHASE 2; PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas, has duly
reviewed and considered the agreement for the Kids Colony Splash Park Phase 2 by and
between the City of The Colony and Dunkin Sims Stoffels, Inc., with funding from the
Community Development Corporation.
Section 2. That this agreement 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
agreement on behalf of the City of The Colony, Texas, with the terms and conditions as
stated therein.
Section 3. That with this agreement the City of The Colony is agreeing to
pay the sum not to exceed the estimated amount of $63,250.00 for such work.
Section 4.That this resolution shall take effect immediately from and after
its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 3RD DAY OF NOVEMBER 2021.
__________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
__________________________________
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
__________________________________
Jeff Moore, City Attorney
38
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by: Shannon Stephens
Submitting Department: Fire
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a seven-year lease agreement with
Stryker Sales, LLC for the provision of City of the Colony Facility automatic external defibrillators (AEDS), The
Colony Police Department AEDS, and The Colony Fire Department monitor/defibrillators, Lucas chest
compression systems, and emergency patient transport devices in the amount of $159,649.90. (Thompson)
Suggested Action:
This is a component of the planned 21/22 capital improvement project list. Attached are the required lease
agreements, public organization rider, insurance verification coordinated through COTC Finance, and review
confirmation from Jeff Moore.
Attachments:
Lease Agreement.pdf
Public Org Rider.pdf
Insurance Verification.pdf
Counsel Opinion.pdf
Res. 2021-xxx Stryker Sales LLC Lease Agreement.docx
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - ________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO APPROVE A SEVEN-YEAR LEASE AGREEMENT
WITH THE STRYKER SALES, LLC; 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 a sever-year lease agreement with Stryker Sales, LLC for the
provision of City of The Colony Facility automatic external defibrillators (AEDS), The
Colony Police Department (AEDS), and The Colony Fire Department
monitor/defibrillators, Lucas chest compression systems, and emergency patient transport
devices in the amount of $159,649.90.
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 3RD DAY OF NOVEMBER 2021.
______________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
54
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by: Shannon Stephens
Submitting Department: Fire
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to Frazier Ambulance
in the amount of $278,732.00 for the purchase of a new ambulance to replace Medic 12 assigned to Fire Station
#2 (Thompson)
Suggested Action:
This purchase request is an approved and planned budget item from this fiscal year's CIP list.
Attachments:
2022 Frazier Ambulance.pdf
Res. 2021-xxx Frazier Ambulance - Fire Department Purchase Order.docx
55
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO FRAZIER
AMBULANCE, FOR THE PURCHASE OF A NEW AMBULANCE TO REPLACE
MEDIC 12 ASSIGNED TO FIRE STATION NO. 2; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to issue a purchase order to Frazier Ambulancein theamount of $278,732.00
for the purchase of a new ambulance to replace Medic 12 assigned to Fire Station No. 2.
Section 2. That the City Manager or his designee authorized to issue said purchase order.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 3RD DAY OF NOVEMBER 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
__________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
__________________________________
Jeff Moore, City Attorney
70
Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in
the amount of $67,780.00 with Birkhoff, Hendricks & Carter, L.L.P. to prepare construction plans and
specifications for the Squires Drive 8-inch Waterline Replacement and Vaden Street 8-inch Waterline
Extension Project. (Hartline)
Suggested Action:
Summary of Request:
Consider approval of a resolution authorizing the City Manager to sign an Engineering Services Contract in the
amount of $ 67,780.00 with Birkhoff, Hendricks & Carter, L.L.P. to prepare construction plans and specifications
for the Squires Drive 8-inch Waterline Replacement and Vaden Street 8-inch Waterline Extension.
City Council approved funding for these projects in the 2021/2022 CIP budget. This design project will include
the replacement of approximately 3,000 linear feet of 8-inch ductile iron water line along Squires Drive to
Underwood Drive. The existing waterline has experienced significant corrosion and numerous water leaks have
been repaired on this section of pipe over the last couple of years. This project will also include extending the
Vaden Street 8-inch dead-end water line to Taylor Street to provide a looped connection to assist in providing
better water quality in this area. The water lines will be installed within existing right-of-way.
The design contract includes topographic survey, utility locates, preparing construction plans and
specifications, bidding assistance and construction management services. The total cost of the contract with
Birkhoff, Hendricks & Carter, L.L.P is $ 67,780.00. With approval, the project is anticipated to start construction
in June 2022 with an estimated completion in October 2022.
Recommendation:
Staff recommends approval of the contract with Birkhoff, Hendricks & Carter, L.L.P. for the design of the
Squires Drive 8-inch Waterline Replacement and Vaden Street 8-inch Waterline Extension project.
Suggested Motion:
I move to recommend approval of a resolution authorizing the City Manager to sign an Engineering Services
Contract in the amount of $ 67,780.00 with Birkhoff, Hendricks & Carter, L.L.P. to prepare construction plans
and specifications for the Squires Drive 8-inch Waterline Replacement and Vaden Street 8-inch Waterline
Extension.
71
Attachments:
Location Map
Engineering Design Contract Agreement Scope of Services
Financial Summary
Res. 2021-xxx Engineering Servics Contract - Birkhoff, Hendricks and Carter LLP.doc
72
BakerFoxNorth Colony
Ragan Tu r ne r
S q u i r e s
Nash
Slay TaylorPaigeReed
Rice
Gates
MillerTrego
Tr uit t
PruittPerrin
CarrollLongo
AdamsWilcox
Gibson
Treese
Roberts
Pearce NorthpointeShermanPhelps
Te r ry
Russell
Powers
Bedford
Crawfor d
Walker
Ashlock
SampleSagers
Blair OaksRutledge
Wagner
Ramsey
KingAl
l
enDoo le y
Young
Yager
Poole
John YatesScottPettitMadison
Mc a f ee
V a d e n
Wheeler
Dunn
Thompson
Watkins
T y l e rWard
Kisor
Morning StarNation
Shannon
BlalockUnderwood Mages
T w i t t y
Woodruff
Paint er
T u c k e r IndependenceWatson
V a n c e
Overland
Bog ard
Dee ColeRearn
Wampler
Pilgrim STARLI
NGMatsonU s h e r
Bentley
Vanguard HIDALGO
FosterA L C O V E
KENNEDY
C
olu
m
bus JenningsM
ayflo
w
er
W
oodlandsGarrettBradford
TusconLoving
PaigeµLocation MapSquires Drive 8-inch Waterline Replacement and Vaden Street 8-inch Waterline Extension.
Squires Drive 8-inch Waterline Replacement
Existing City Park
Vaden Street 8-inch Waterline Extension
73
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77
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79
80
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FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available: $ 600,000.00 (Squires Drive 8-inch Waterline Replacement)
$ 50,000.00 (Vaden Street 8-inch Waterline Extension)
Fund(s) (Name and number):
Squires Drive 8-inch Waterline Replacement: Fund: 895-669-6422 Project number: 2276
Vaden Street 8-inch Waterline Extension: Fund: 865-661-6660 Project Number 2277
Source of Funds: 2021-2022 Capital Outlay Bond Proceeds
Cost of recommended contract award: $ 67,780.00
Total estimated project cost:
$ 67,780.00 Engineering Already authorized Yes No
$ 67,780.00 Total estimated costs
85
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING AN ENGINEERING SERVICES
CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND
BIRKHOFF, HENDRICKS AND CARTER, L.L.P.,FOR
CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE SQUIRES
DRIVE 8-INCH WATERLINE REPLACMENT AND THE VADEN
STREET 8-INCH WATERLINE EXTENSION PROJECT;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and Consultant have entered into an Engineering Services Contract
that includes surveying, preparing construction plans, specifications and drawings, estimates and
construction management for the Squires Drive 8-inch Waterline Replacement and the Vaden
Street 8-inch Waterline Extension Project; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Birkhoff, Hendricks and Carter, L.L.P., which is attached hereto and
incorporated herein by reference as Exhibit “A”under the terms and conditions provided
therein; and
WHEREAS, with this Contract the City of The Colony is agreeing to the services no to
exceed the amount of $67,780.00 for such work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Engineering Services Contract, which is attached hereto and incorporated
herein as Exhibit "A", having been reviewed by the City Council of the City of The Colony,
Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the
same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the
City of The Colony, Texas.
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 3RD DAY OF NOVEMBER 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
86
ATTEST:
_______
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
87
Agenda Item No:4.7
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in
the amount of $66,000.00 with Teague, Nall & Perkins, Inc. to prepare construction plans and specifications for
pavement resurfacing of Elm Street, Witt Road and East Lake Highlands. (Hartline)
Suggested Action:
Summary of Request:
Consider approval of a resolution authorizing the City Manager to sign an Engineering Services Contract in the
amount of $ 66,000.00 with Teague, Nall & Perkins, Inc. to prepare construction plans and specifications for
pavement resurfacing of Elm Street, Witt Road and East Lake Highlands.
City Council approved funding for these projects in the 2021/2022 CIP budget. This design project will include
the resurfacing of Elm Street and Witt Drive with asphalt pavement. This project also includes the
reconstruction of East Lake Highlands Drive and converting it from an asphalt street to a concrete roadway.
The design contract includes topographic and boundary surveys, geotechnical investigation, utility locates,
preparing construction plans and specifications, bidding assistance and construction management services.
No drainage or utility work will be performed during this project; only subgrade repairs, the installation of water
and sewer services to vacant lots and repaving/resurfacing are included.
Recommendation:
Staff recommends approval of the contract with Teague, Nall & Perkins, Inc. for plans and specifications for
pavement resurfacing of Elm Street, Witt Road and East Lake Highlands.
Suggested Motion:
I move to recommend approval of a resolution authorizing the City Manager to sign an Engineering Services
Contract in the amount of $ 66,000.00 with Teague, Nall & Perkins, Inc. to prepare construction plans and
specifications for the pavement resurfacing of Elm Street, Witt Road and East Lake Highlands.
88
Attachments:
Location Map
Professional Services Agreement Scope of Services
Financial Summary
Res. 2021-xxx Engineering Servics Contract - Teague, Nall and Perkins, Inc..doc
89
MainNor th ColonyElm ReedCurryLarner Nervin
Hale PruittRagan
WilcoxShore
Carr
Jenkins
August
aKnightAshlock
Wagner
ElliotChapman
Walker
Wheeler
Lake Highlands
ShermanAl
l
enWoodruff
FryerWitt Watkins
Lakecrest
Ward
YoungerAndersonWaters Edge
JoyWatsonLake ParkHorseshoe
G a r v i nLakelandOak
WamplerForestOverlake
L
a
k
e
vie
w
I o l a
H a m i l t o n
G r a h a m
Blair OaksMillerSu ns e t Haven HillsJohn Yates
Bevily
M a l o n e GarrettD r i s c o l l
Chowning
M
i
m
o
s
a
W illo wLaurel
Harris Plaza
MainWaters EdgeMainµLocation MapPavement Resurfacing of Elm Street, Witt Road and East Lake Highlands.
Elm Street Asphalt Resurfacing
Existing City Park
Witt Road Asphalt Resurfacing
East Lake Highlands ConcretePavement Reconstruction
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Exhibit A
Scope of Services
SCOPE OF BASIC SERVICES:
In general, the scope of Basic Services will be to provide professional engineering and surveying services
for preparation of construction plans and bid documents for The Colony CIP Asphalt and Concrete Streets
project (Total length 2,160 LF). Attachment ‘A’ exhibit reflects the project limits. The streets that will be
part of this project are:
Concrete Street:
E Lake Highlands (330 LF)
Asphalt Streets:
Elm Street (E Lake Highlands to Witt Road) (1,425 LF)
Witt Road (405 LF)
The scope of work is more specifically outlined below.
Design Survey
Professional shall provide the following professional surveying services:
•Topographic Design Survey for approximately 420 linear feet of street improvements along a
portion of East Lake Highlands Drive. The survey limits will extend to the approximate right-of-way on
each side of the street. The Survey will identify topography (one-foot contours), visible features and above
ground improvements including pavement, curbs, structures, fences, sidewalks, utilities, valves, manholes,
hydrants and other pertinent features within the project area as necessary for engineering design. A
minimum of 2 (two) benchmarks will be provided at strategic locations within or near the project area for
future reference.
•Cross-sections will be provided for approximately 2100 linear feet of street improvements along
Elm Street and a portion of Witt Drive. The sections will be taken at intervals of approximately 50 feet and
will extend to the outer ditch bank on each side of the street. A minimum of 3 (three) benchmarks will be
provided at strategic locations within or near the project area for future reference.
Boundary surveys, right-of-way surveys, tree locates and underground utility information, including invert
measurements, are not included in the scope of services proposed herein.
Texas811 will be notified to coordinate marking of underground utilities. However, lacking excavation, the
exact location of underground utilities and features cannot be accurately, completely, and reliably depicted.
In some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in
an incomplete response. Where additional or more detailed information is required, the CITY is advised that
excavation may be necessary.
All survey information provided by the Professional will be referenced to Grid North of the Texas
Coordinate System of 1983 {North Central Zone No. 4202; NAD83(2011) Epoch 2010} as derived locally
from Allterra Central’s continuously operating reference stations via real time kinematic survey methods.
Elevations will be referenced to NAVD88 datum as derived from RTK observations. Orthometric heights
will be calculated by applying the Geoid 12B model to ellipsoid heights.
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Professional shall perform all surveying services in accordance with the General Rules and Procedures of
Practice, and the Professional and Technical Standards established by the Texas Board of Professional
Engineers and Land Surveyors.
Geotechnical Investigation
The Professional will contract with a Geotechnical firm (Sub-consultant) to provide geotechnical
investigation and provide a report of the findings and recommendations. Borings will be taken as needed to
verify thickness of existing materials and to identify subgrade soils and strata to support subgrade
recommendations at the various sites. A total of five borings are assumed to a depth of five feet using a
truck-mounted drilling rig. Samples will be collected and tested, and the holes backfilled. Tests will include
the following:
Moisture content
Atterberg limits
Percent passing No. 200 sieve
Soluble Sulfates
Lime Series
An engineering report will be prepared outlining the results of the tests, along with pavement and subgrade
recommendations. The boring locations will be as identified by the Sub-consultant and will be sampled on
all the streets identified in this scope of work at one time.
Construction Plans & Bid Documents
The Professional will evaluate the geotechnical and survey data and include typical section based on the
geotechnical pavement recommendations and City requirements. The Professional will develop construction
plans for the streets based on the survey and geotechnical data and applicable City requirements. The design
intent for Elm and Witt will be full depth asphalt pavement replacement with the addition of concrete ribbon
curbs and roadway embankment grading as required. Existing bar ditches will not be changed, and street
grades will remain unchanged except as necessary to ensure an adequate crown is maintained for proper
drainage. The proposed streets will match all existing concrete driveways and will include an asphalt apron
for each existing asphalt or gravel driveway. The design intent for East Lake Highlands is to replace the
existing asphalt bar-ditch with a concrete curb-and-gutter section. No utility work or drainage work is
anticipated on any of the streets except installation of water and sewer services to all vacant, platted lots.
The scope is based on the understanding that East Lake Highlands Drive will be paved as a concrete curb
and gutter section in order to match up with the curbed sections on either end. This design effort will deviate
from the rest of the project in that this will include plan, profile, and sections to design for the elevation
change. Elm Street and Witt Drive will be pavement reconstruction only, therefore will not include profiles
or cross sections, however typical sections will be provided for all streets including pavement and base
thicknesses and pavement dimensions.
Deliverables:
Deliverables for the project will include sets of 22”x34” construction plans, sets of 11”x17” construction
plans, copies of the project manual (defined in the construction documents section below), copies of the
Opinion of Probable Construction Cost (OPCC), and an electronic (PDF) version of all the documents
delivered via electronic file share. Each submittal package will include the items more specifically listed
below:
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Preliminary Plans (60%)
o 4 sets of 11”x17” construction plans
o 2 copies of the Project Manual
o 4 copies of the OPCC
o Electronic versions of each document
Final Plans (90%)
o 4 sets of 11”x17” construction plans
o 2 copies of the Project Manual
o 4 copies of the OPCC
o Electronic versions of each document
Bid Documents (100%)
o 5 sets of sealed 22”x34” construction plans
o 5 copies of the Project Manual
o 5 copies of the OPCC
o Electronic versions of each document
Conformed documents for construction (after bidding and incorporating all addenda):
o 2 sets of 22”x34” construction plans
o 10 sets of 11”x17” construction plans
o 3 copies of the Project Manual
o Electronic versions of each document
Specific items to be included with the construction plans and the project manual are listed below
The construction plans will include:
Cover Sheet
General Notes and Typical Sections
o General Project notes
o City standard notes relative to paving construction
o Traffic control notes
o Asphalt typical sections
o Concrete typical section
Asphalt Street Plans (Elm Street and Witt Drive):
o Pavement alignment and reconstruction limits (no profiles or cross sections)
o Typical pavement sections
o Driveway connections
o Water and sewer services to be replaced
o New water and sewer services
o Call out utilities to be adjusted as needed
Concrete Street Plans (East Lake Highlands Drive):
o Pavement alignment and reconstruction limits with design profiles
o Proposed cross sections
o Typical pavement section
o Driveway connections
o Call out utilities to be adjusted as needed
o Water and sewer services to be replaced
o New water and sewer services
Detail Sheets
Special construction details
Applicable City standard details
TxDOT Traffic Control Details
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The Project Manual will include:
City standard Contract Provisions
Notice to bidders
Special instructions to bidders
Pay item list / bid form
City insurance requirements
Bonds
Project technical specifications
Geotechnical boring logs
TxDOT Permitting
The Professional will provide plans for maintenance permit applications to TxDOT for improvements within
the ROW of FM 423 if required.
Bid Support
The Professional will provide up to 10 hard copy sets and an electronic version of the bid documents for use
in bidding, award of contracts and construction. The City will be responsible for advertisement for bids and
for dispersing all plans and specifications to prospective bidders. The Professional will provide technical
support to the City during the bidding and contract award phase by responding to questions, reviewing the
bids, preparing a bid tabulation, and making a recommendation of award to the City. This task will be billed
at hourly rates.
Construction Phase Services
The Professional will provide construction support services as requested by the City staff. The likely
services are as follows:
The Professional will attend and participate in a preconstruction meeting with the Contractor and City staff
to identify points of contact and clarify any construction issues.
The Professional will visit the site on an irregular basis as necessary, up to 6 visits are assumed.
The Professional will consult and advise the City, prepare routine change orders as required, review shop
drawings submittals and materials testing reports, make monthly pay recommendations based on contractor
pay requests, address questions during construction, and coordinate with the field inspector. This task will be
billed at hourly rates.
Project Close Out
The Professional will create record plans based on construction changes and contractor markups and will
provide one hard copy of the record plans and electronic copies in PDF, TIFF, and CAD formats.
ASSUMPTIONS AND EXCLUSIONS
1.The fees shown are for the scope of work as indicated above. Changes in the scope of work will
require a reconsideration of the fees shown or may be completed as Additional Services.
2.No boundary surveying is included in the scope of this agreement.
3.The scope of this agreement does not include construction staking, construction inspection or
materials testing. However, all these services can be provided upon request.
4.No subsurface utility designating or locating will be completed as part of the scope of this
agreement.
5.It is assumed that project specific traffic control and project sequencing will be the responsibility of
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the contractor, therefore no project specific traffic control plans will be prepared as part of the scope
of this agreement. The Professional will provide criteria (allowable lane closures, etc.) and standard
details (i.e., TxDOT) for the contractor to use in preparing project specific traffic control plans.
6.It is understood that the roadside ditches may or may not have the capacity to convey any specific
design storm. It is assumed that ditch modifications will not be made, therefore no roadside ditch
capacity calculations will be performed.
7.All the streets listed above will be bid as one complete project.
8.No Public meetings or presentations were included in the scope of this agreement.
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Exhibit B
Compensation
COMPENSATION to be on a basis of the following:
BASIC SERVICES FEE: The CITY agrees to pay the Professional the following fees for BASIC
SERVICES as outlined below (Time and material not to effect). BASIC SERVICES shall be in
accordance with payment terms.
Design Survey Fixed Fee $ 8,500
Geotechnical Investigation Fixed Fee $ 7,000
Construction Plans Fixed Fee $ 35,000
TxDOT Permitting Fixed Fee $ 2,000
Bid Support Hourly Not to Exceed $ 4,500
Construction Phase Services Hourly Not to Exceed $ 5,000
Project Closeout Hourly Not to Exceed $ 2,000
Direct Expenses ~3%$ 2,000
Total $ 66,000
The Professional will not exceed the total fee of $66,000 without
written authorization from the CITY
1.BASIC SERVICES FIXED FEE: The CITY agrees to pay the Professional the fees shown above
for the tasks identified above as Fixed Fee tasks. BASIC SERVICES shall be in accordance with
payment terms.
2.BASIC SERVICES HOURLY: The Professional shall be compensated on an hourly basis for
those tasks identified above as Hourly tasks. Payment will be at Professional’s standard hourly rates
for personnel working on the project. A schedule of Professional’s hourly rates is provided as
Attachment ‘B’. Services shall be billed monthly based on actual time spent working on the project
by Professional’s staff. The fees shown above for hourly services are estimates only. The
Professional makes no guarantee that the fees will not exceed the amounts shown. The Professional
will not exceed the fees without written authorization CITY prior to exceeding the estimated fees
shown.
3.ADDITIONAL SERVICES: ADDITIONAL SERVICES shall be any service provided by the
Professional which is not specifically included in BASIC SERVICES as defined above.
ADDITIONAL SERVICES shall be considered additional work and shall be reimbursed at
standard TNP hourly rates or TNP standard rates for items provided in-house, or direct expenses
times a multiplier of 1.10 for non-labor, subcontract or mileage items.
4.PAYMENT TERMS: Per the Provisions identified in Attachment ‘C’, the CITY shall be billed
monthly for services rendered and pay promptly upon receipt of invoice. Billings for fixed fee
services shall be based on the percentage of work complete. Delays of payment in excess of 30 days
from invoice date may result in cessation of services until payment is received. Additionally,
Professional may withhold all work products and documents until payment is received in full. Time
shall be added to the project schedule for any work stoppages resulting from CITY’s failure to
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render timely payment.
5.Agreement by CITY to this contract acknowledges available funding for the proposed services
provided by the Professional. Payment for services shall not be contingent upon the CITY’s
available project specific funds or anticipated future funding.
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Exhibit C
Schedule
SCHEDULE: The project will proceed generally as follows:
The design survey and geotechnical investigation will be conducted concurrently.
Construction Plans and Bid Documents
Design Survey:Will begin within ten working days of written authorization
Preliminary Plans and Project Manual (60%):12 weeks from written authorization
Final Plans and Project Manual (90%):6 weeks from receipt of preliminary comments
Bid Documents and Project Manual (100%):4 weeks after receipt of final comments
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Exhibit D
Project Map
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The Colony Streets
Man hour projections
TNP No.
250 230 175 160 125 110 140 175 Labor
Round to
Basic Services
Survey 3 18 30 8,460$ 8,500$
Geotechnical (incl traffic ctrl)7,000$ 7,000$
Construction Plans 5 14 49 26 86 64 34,995$ 35,000$
TxDOT Permit Assistance 8 6 2,060$ 2,000$
Bid Support Services 8 16 4,640$ 4,500$
Construction Support 6 15 6 4,965$ 5,000$
Project Closeout 4 6 5 2,000$ 2,000$
3% Direct Expenses 1,924$ 2,000$
SUBTOTAL 5 31 88 32 86 70 18 30 66,044$ 66,000$
Total
October 20, 2021
Field
Crew
Principal Team
Leader
Project
Manager
Project
Engineer
Engineer
I/II
CAD
Technicia
Sr .Survey
Technicia
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FINANCIAL SUMMARY:
Are budgeted funds available: Yes Amount budgeted/available: $ 70,000.00
Fund(s) (Name and number): Fund: 895-669-6420 Project number: 2261
Source of Funds: 2021-2022 Capital Outlay Bond Proceeds
Cost of recommended contract award: $ 66,000.00
Total estimated project cost:
$ 66,000.00 Engineering Already authorized Yes No
$ 66,000.00 Total estimated costs
101
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING AN ENGINEERING SERVICES
CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND
TEAGUE, NALL AND PERKINS, INC., FOR CONSTRUCTION PLANS
AND SPECIFICATIONS FOR THE PAVEMENT RESURFACING OF
ELM STREET, WITT ROAD AND EAST LAKE HIGHLANDS PROJECT;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and Consultant have entered into an Engineering Services Contract
that includes surveying, preparing construction plans, specifications and drawings, estimates and
construction management for the pavement resurfacing of Elm Street, Witt Road and East Lake
Highlands Project; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Teague, Nall and Perkins, Inc., which is attached hereto and incorporated
herein by reference as Exhibit “A”under the terms and conditions provided therein; and
WHEREAS, with this Contract the City of The Colony is agreeing to the services no to
exceed the amount of $66,000.00 for such work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Engineering Services Contract, which is attached hereto and incorporated
herein as Exhibit "A", having been reviewed by the City Council of the City of The Colony,
Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the
same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the
City of The Colony, Texas.
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 3RD DAY OF NOVEMBER 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
102
_______
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
103
Agenda Item No:4.8
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by: Tina Stewart
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to accept a bid from Next Gen Construction in the
amount of $210,400.00 for the Police Department Roof Recover Project. (Shallenburger)
Suggested Action:
Attachments:
Next Gen Construction Bid.pdf
Res. 2021-xxx Next Gen Construction Bid.docx
104
105
106
107
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 – ________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ACCEPT THE BID FROM NEXT GEN
CONSTRUCTION FOR THE POLICE DEPARTMENT ROOF RECOVER
PROJECT; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to accept a bid from Next Gen Construction, in the amount of $210,400.00
for construction services in the Police Department for the roof recover project.
Section 2. That the City Manager or his designee is authorized to accept the bid.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS THE 3RD DAY OF NOVEMBER 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
109
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Discussion
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an appeal of the Sign Board of Appeals regarding a variance
from Chapter 6, Section 6-258 [Prohibited signs] to allow an off-premise LED digital sign [“Billboard”] at 3905
SH 121. The subject site is within the Business Park (BP) zoning district and the Gateway Overlay District.
(Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and associated documents for land use, site layout,
recommendations
Attachments:
SBA21-0003 - SBOA Staff Report (CC appeal final 11-03-21).pdf
SBA21-0003.pdf
Attorney appeal letter (response letter and detail of proposed sign final).pdf
SBA21-0003 3905 SH 121 Var (exhibit updated location final).pdf
Electronic Billboard Study Deliverable (final).pdf
Expert Report_Signage The Colony.pdf
Site Photos (final).pdf
SBOA AGENDA 09-15-21 Certified.pdf
110
1
CITY COUNCIL APPEALS MEMO
AGENDA DATE: November 3, 2021
DEPARTMENT: Development Services Department
SUBJECT: SBA21-0003 - 3905 SH 121 Variance Off-Premise LED Digital Sign
Conduct a public hearing, discuss and consider a n appeal of the Sign Board of Appeals
regarding a variance from Chapter 6, Section 6-258 [Prohibited signs] to allow an off-
premise LED digital sign [“Billboard”] at 3905 SH 121. The subject site is within the
Business Park (BP) zoning district and the Gateway Overlay District.
APPELLANT/ OWNER/APPLICANT
Appellant: Mark T. Samples et. al Frisco, TX
Prime Healthcare Properties, LLC
Masterplan Dallas, TX
Owner: Eric and Heather Turner
Wolfpack Property Group, LLC The Colony, TX
Applicant: James Ramsey
Media Eyes, LLC Colleyville, TX
ADJACENT ZONING AND LAND USES
North Business Park (BP) - Office
South SH-121
East Business Park (BP) - Office Retail
West Business Park (BP) - Retail
BACKGROUND:
May 3, 2021 the applicant submitted to the city a sign permit application at 3905 State
SH 121. Review of the provided application reflected the intent to erect a new “Digital
LED Billboard” sign. As this particular sign type is considered pro hibited, processing of
the application paused to allow the applicant to present to the Sign Board of Appeals
either an appeal of the determination that the proposed sign type is prohibited or a request
for a variance to Section 6-258 [Prohibited Signs]. To this point the sign permit
application process is ongoing until the conclusion of this variance request.
Section 6-258 lists the billboard and off-premises signs as prohibited sign types; as
amended by ordinance 2021-2437, Section 6-263 defines these sign types as the
following:
Billboard: a large freestanding sign, general supported by a metal frame, and
generally consisting of two (2) parallel sign faces which are oriented in opposite
directions, used for the display of posters, printed, digital, or pa inted advertisements.
The term “billboard” excludes other signs further defined in this Article.”
111
2
Upon notification of the sign application status, t he applicant subsequently provided a
variance request to the Sign Board of Appeal s to allow the placement of the proposed
sign at 3905 SH 121.
The applicants request was considered at the June 16, 2021 Sign Board of Appeals
meeting. The Board voted (3-0) to table consideration and leave the public hearing open
to the July 21, 2021 Sign Board of Appeals meet ing.
At the July 21, 2021 meeting, the Sign Board of Appeals, after hearing testimony from
the adjacent property owners and the applicant, determined additional information was
needed to further evaluate the request. Testimony from the adjacent property o wners
suggested, the proposed sign would cause adverse economic impacts on the vacant tract
immediately adjacent to the north, and to the developed medical office further to the
north. The Board instructed the applicant to commission a study to determine t he
potential impact placement of the proposed sign would have on the adjacent property.
Findings of the SH 121 Electronic Billboard Economic Impact Report were provided at
the September 15, 2021 Sign Board of Appeals meeting. The Board considered the
testimony of the previous meetings and the findings of the report provided by the
applicant. The Board voted (3-0) to approve the variance from Chapter 6, Section 6-258
[Prohibited signs] to allow an off-premise LED digital sign [“Billboard”]. [The City
Council packet contains the SH 121 Electronic Billboard Economic Impact Report
provided by the applicant.]
In accordance with section Sec. 6-256 (see below) the adjacent property owners group
(now appellant) represented by Mark T. Samples of Prime HealthCare P roperties, LLC
and also Masterplan submitted an appeal of the SBOA decision; appeals of the SBOA are
considered by the City Council. [The City Council packet contains the “Expert Report”
prepared by Masterplan for City Council consideration].
Appeals to sign ordinance
(f) Appeal from sign board of appeals to city council. Any person aggrieved by the
decision of the sign board of appeals may appeal the board's decision to city council.
Such appeals shall be made in writing within ten business days from the date of the
board's decision and shall be submitted to the city manager, or his designee. The
director of planning or three voting members of city council may likewise appeal the
board's decision following the same appeal process. The city council's decis ion is final.
The appeal was submitted on September 28th. The item was noticed to be heard by the
City Council on October 19th.
On October 8th the appellants requested consideration to postpone the appeal to the
November 3rd City Council meeting.
112
3
Variance Criteria:
A variance shall not be granted to relieve a self -imposed or personal hardship, nor shall it
be based solely on economic gain or loss. In order to make a finding of hardship and to
grant a variance from this article, the board must determi ne that:
1) The requested variance does not violate the intent of the article.
2) The requested variance will not adversely affect surrounding properties.
3) The requested variance will not adversely affect public safety.
4) Special conditions exist which are unique to the applicant or property.
5) The requested variance is not self-imposed or granted to relieve a personal hardship.
6) The requested variance is not based solely on economic gain or loss.
The Sign Board of Appeals considered the following regarding variance to the Sign
Ordinance:
Criterion 1. The proposed sign does not violate the intent of the ordinance
The purpose of the Sign Ordinance is to regulate the location, size, construction, duration,
use, and maintenance of all signs within the corporate city limits and the extraterritorial
jurisdiction of the city on a content-neutral basis. In addition, the purpose of the Sign
Ordinance is to promote the health, safety, and welfare of the public, to achieve the
efficient transfer of information to the public, and to preserve and enhance the appearance
and economic value of the built environment. The approved sign types which fit within
the stated intent of the Sign Ordinance are listed in Section 6-261 (Temporary signs) and
6-262 (Permanent Signs); any other sign not referenced in, defined by or governed by
Article XI is prohibited. Section 6-258 specifically prohibits billboard.
Criterion 2. The proposed sign does not adversely affect the surrounding property owners
The Sign Ordinance does not provide development regulations for prohibited signs,
however similar freestanding sign types [pylon signs] must maintain a minimum
separation distance of 150 feet per premises. The appropriate signage spacing contributes
to the goals of environmental preservation and aest hetics. The subject site has an existing
freestanding sign adjacent to the SH 121 frontage and approximately 175 feet from the
proposed location. There is no evidence the proposed sign will adversely affect the
surrounding property owners.
Criterion 3. The proposed sign does not adversely affect public safety
Staff does not anticipate an adverse effect to public safety. The proposed sign type is
consistent with signage found along major thoroughfare s. Further, similar signage exists
both north and south of SH 121 within the city limits.
Criterion 4. Special conditions exist which are unique to the applicant or property
Review of the request and a site visit, reflect no unique conditions to the applicant or
property. The subject site’s location and configuration is congruent with the majority of
properties along SH 121.
Criterion 5. The requested variance is not self-imposed or granted to relieve a personal
hardship.
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4
Staff finds the requested variance does not represent a self -imposed hardship.
Criterion 6. The requested variance is not based solely on economic gain or loss.
Staff finds the requested variance is not based solely on economic gain or loss. Although
the Sign Ordinance provides a clear list of signage types that are considered prohibited ,
the applicant has expressed that the prohibition of the proposed sign is contrary to the
allowance of similar signage already within the city. The request in part seeks equity to
provide public messaging consistent with this existing allowance.
Further the applicant documents established state and federal court decisions which
support the elimination of message based assessment of signage types. The applicant
suggests that this manner of evaluation is erroneous and that notwithstanding the
characteristics deemed prohibited, the signage is appropriate for the subject site.
An amendment to Section 6-253 by Ordinance 2021-2437 addresses the aforementioned
message based assessment of this and similar sign types. The definition of billboards as
mentioned above only requires an assessment of typical sign characteristics to categorize
the sign.
ATTACHMENTS:
1. Location Map
2. Response letter and detail of proposed sign (Sign Applicant)
3. Updated location (Sign applicant)
4. SH 121 Electronic Billboard Economic Impact Report (Sign Applicant)
5. Expert Report- Masterplan (Appellant)
6. Photographs of Site
7. Uncertified minutes of the September 15, 2021 SBOA meeting
114
STANDRIDGE DRSTANDRIDGE DRSH 121SH 121SSHH112211UU--TTUURRNNSAM RAYBURN TOLLW AYSAM RAYBURN TOLLW AY3700
3901 3905
3909
40 01
STANDRIDGE DRSTANDRIDGE DRSH 121SH 121SSHH112211UU--TTUURRNNSAM RAYBURN TOLLW AYSAM RAYBURN TOLLW AY3700
3901 3905
3909
4001
This ma p was genera ted by GIS d ata provided by Th e Colony GIS Departmen t. The City of T he Colony does not guar antee th e co rrectness oraccuracy of any fea tures o n this map. These digital products are for llustration purpose s only a nd are no t suitable for site -specific decision making. /Project No. SBA21-0003 - Project N ame: 3905 S H121 LED D igit al Sign
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
115
ROTHFELDER
FALICK L.L.P.
ATTORNEYS AT LAW
CHRISTOPHER W. ROTHFELDER 1201 LOUISIANA TELEPHONE: 713-220-2288
crothfelder@rothfelderfalick.com SUITE 550 FACSIMILE: 713-658-8211
HOUSTON, TEXAS 77002 WWW.ROTHFELDERFALICK.COM
May 5, 2021
The Colony Sign Board of Appeals Via Email: iwilliams@thecolonytx.gov
Development Services Department and FedEx, Airbill No. 8160 1240 1024
6800 Main Street
The Colony, Texas 75056
RE: Appeal and Alternative Variance Request of Media Eyes, LLC; Our File
No. 0492-4.
Dear Sign Board of Appeals:
The law firm of Rothfelder & Falick, LLP represents Media Eyes, LLC (“Media Eyes”).
As such, we are submitting this letter in support of Media Eyes’ appeal of the decision of the
Senior Planner to deny Media Eyes’ Sign Permit Application, and alternative variance request. A
copy of Media Eyes’ application is attached as Exhibit 1, and a copy of the Senior Planner’s
denial of the application is attached as Exhibit 2. Please consider the following explanation and
analysis in support of Media Eyes’ appeal, as well as a supplement to Media Eyes’ variance
application, which was submitted on May 5, 2021.
By way of background, on May 3, 2021, Media Eyes submitted its Sign Permit
Application to seek the City’s permission to construct “a new 14’hx48’w (672) sqft double faced
electronic sign structure oriented to Sam Rayburn Tollway (SH 121).” Media Eyes’ application
indicated that the proposed sign would be used for the display of both commercial and non-
commercial messages, as well on-premise and off-premise content. The sign would advertise for
the flooring business located on the property where the sign is located (Good Guys) as well as
other individuals and groups intending to disseminate messages on behalf of businesses,
churches, community groups, civic organizations, governmental entities, and political
organizations. The proposed signage is consistent with the character and use of the surrounding
properties. The immediate area is commercially zoned and hosts several businesses, including
Fast Fuels Gas Station, The Rifle Gear and high ceiling warehousing. Media Eyes’ sign is similar
to several other recently permitted and constructed digital signs located in the immediate area.
The proposed sign would be located on the west side of the Colony’s corporate limits, such that
it would attract travelers to the Colony’s local businesses. Media Eyes has already secured a
long-term lease with the property owner. Considering the income the property owner will receive
from the lease and the benefits the sign will provide to local businesses that will use the sign to
advertise to passing motorists, the sign will provide substantial economic benefits for many
individuals and businesses in the Colony.
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The Colony Sign Board of Appeals
May 5, 2021
Page 2
Following receipt of Media Eyes’ application, the Colony’s Senior Planner emailed
Media Eyes’ representative on May 3, 2021, stating, “it appears that you have submitted a sign
application, however because this sign type is considered a “prohibited sign” the process as
discussed will be to get consideration for a sign variance from the Sign Board of Appeals
(SBOA) prior to sign application submittal.” Section 6-258(a)(3) of the Colony’s Code of
Ordinances specifically prohibits “off-premises sign[s]” in the Colony’s corporate limits and
extraterritorial jurisdiction. The term, “off-premises sign,” is defined under Section 6-263 of the
Code of Ordinances as “A sign that advertises, promotes, or pertains to a business, person,
organization, activity, event, place, service, product, etc. at a location other than where the sign is
located.”
Media Eyes disagrees with and hereby appeals the decision of the Senior Planner
pursuant to Section 6-256(e)(1) of the Colony’s Code of Ordinances. The official’s decision was
made in error because the Code’s prohibition of off-premise signs violates Media Eyes’
constitutional rights. On August 25, 2020, the United States Court of Appeals for the Fifth
Circuit issued an opinion in Reagan Nat'l Advert. of Austin, Inc. v. City of Austin, No. 19-50354,
2020 WL 5015455 (5th Cir. Aug. 25, 2020) (“Reagan”), which followed a line of precedent
holding that regulatory distinctions based on the content of a message on a sign are subject to a
strict scrutiny analysis, and ultimately unconstitutional.
In Reagan, two outdoor advertising billboard companies, Reagan National Advertising of
Austin, Inc. (“Reagan”) and Lamar Advantage Outdoor Company, L.P. (“Lamar”), challenged
the constitutionality of the City of Austin’s sign ordinance after the City denied Reagan and
Lamar’s applications to digitize existing billboards. Reagan at *1. Similar to the Colony’s sign
ordinance, the City of Austin’s sign ordinance distinguished between on-premise and off-premise
signage. Id. In particular, automatic changing digital displays were allowed for on-premise signs,
while this technology was prohibited for off-premise signs. Id. In reversing and remanding the
judgment of the trial court, the Fifth Circuit held, “The Sign Code’s on-premises/off-premises
distinction is content based and therefore subject to strict scrutiny.” Id.
In 2017, Reagan and Lamar submitted a number of applications to convert their existing
static off-premise signs to digital displays. Id. The City denied the applications based on the
prohibition on off-premise digital displays in its sign code. Id. Reagan originally sued the City in
state court, but the City removed the case to federal court, where Lamar then intervened. Id. at 1–
2. After a bench trial, the United States District Court for the Western District of Texas denied
Reagan and Lamar’s requests for declaratory judgment, and held the Austin Sign Code was
content neutral and satisfied intermediate scrutiny, thereby entering judgment for the City. Id.
On Reagan and Lamar’s appeal, the Fifth Circuit relied heavily on the United States
Supreme Court’s opinion in Reed v. Town of Gilbert, 576 U.S. 155, 135 S.Ct. 2218, 192 L.Ed.2d
236 (2015), and it even “abrogated” some of its previous inconsistent holdings, in finding that
Austin’s on-premise/off-premise distinction is content-based. Id. at 3–5. Importantly, the Court
then determined that the Austin Sign Code regulated both commercial and noncommercial
speech—even if billboards might only display noncommercial messages “intermittently,” “for
117
The Colony Sign Board of Appeals
May 5, 2021
Page 3
ten minutes or ten years”—and as a result, a strict scrutiny constitutional analysis would apply.
Id. at 9–10. Finally, under this analysis, “the Government [must] prove that the restriction
furthers a compelling interest and is narrowly tailored to achieve that interest,” which the Court
acknowledged is a “hard standard to meet,” and could not be met by the City of Austin in
Reagan. Id. at *10.
The Fifth Circuit, therefore, held “the on-premise/off-premise distinction is content based
and fails under strict scrutiny. It thus runs afoul of the First Amendment.” And, as such, the
District Court’s decision to the contrary was reversed, and the case was r emanded “for further
proceedings consistent with [the] opinion.” Id. at *11. The Fifth Circuit’s holding is an addition
to the growing list of opinions issued in state and federal courts across the country that have held
unconstitutional the on- versus off-premise distinction found in the Colony’s sign ordinance. See
Thomas v. Bright, 937 F.3d 721, 733 (6th Cir. 2019); Auspro Enterprises, L.P. v. Texas
Department of Transportation, 506 S.W.3d 688 (Tex. App.—Austin 2016, pet. granted, judgm't
vacated w.r.m.); Reagan National Advertising of Austin, Inc. v. City of Cedar Park, No. AU-17-
CA-00717-SS, 2019 WL 3845455, at *5 (W.D. Tex. Aug. 15, 2019); L.D. Mgmt. Co. v. Thomas,
No. 3:18-CV-722-JRW, 2020 WL 1978387, at *2 (W.D. Ky. Apr. 24, 2020).
On April 24, 2020, the United State District Court for the Western District of Kentucky
issued its opinion in L.D. Mgmt. Co. v. Thomas, holding that the on- versus off-premise
distinction in Kentucky’s billboard statute was content-based, subject to “heightened judicial
scrutiny,” and therefore “unconstitutional in its entirety.” No. 3:18-CV-722-JRW, 2020 WL
1978387, at *3 (W.D. Ky. Apr. 24, 2020). On September 4, 2020, the United States Court of
Appeals for the Sixth Circuit issued its opinion in Int'l Outdoor, Inc. v. City of Troy, Michigan,
once again following the line of cases applying a strict scrutiny analysis to content-based
regulations of speech, and rejecting the attempts of the government to draw distinctions based on
commercial and non-commercial speech. No. 19-1151, 2020 WL 5269822, at *11 (6th Cir. Sept.
4, 2020).
Similarly, the Colony’s sign regulations are unconstitutional and unenforceable because
they regulate speech based on the content of the message of a sign and cannot pass a strict
scrutiny analysis, and as a result, unconstitutionally infringe on Media Eyes’ right to free speech.
Under Section 6-258(a)(3) of the Colony’s Code of Ordinances, the Colony completely prohibits
the construction and operation of an “off-premises sign,” which is defined under the Code as “A
sign that advertises, promotes, or pertains to a business, person, organization, activity, event,
place, service, product, etc. at a location other than where the sign is located.” However, the
Code exempts several categories of signage listed under Section 6-259, and allows with a permit
other types of signs specified under Sections 6-261 and 6-262. For example, the Code exempts
menu boards, residential holiday signs, and school affiliation signs. The Code also allows with a
permit various other on-premise signs, including monument signs and pylon signs. The
distinction between the types of signs that are permitted, prohibited, or exempt in the Colony can
only be made by examining whether the proposed signage displays an on-premise or off-premise
message. In other words, one has to consider the content of the sign’s message to determine what
regulations, if any, apply to an application. Such distinctions based on the content of speech are
118
The Colony Sign Board of Appeals
May 5, 2021
Page 4
“presumptively unconstitutional,” have repeatedly failed a strict scrutiny analysis, and are
therefore unenforceable. Auspro Enterprises, L.P., 506 S.W.3d at 692 (quoting Reed, 576 U.S. at
155). The City’s blanket prohibition of off-premises signs would infringe on Media Eyes’ right
to convey any form of speech, and is therefore unenforceable.
Because the Colony’s sign regulations, including the prohibition of off-premise signage,
are unconstitutional, the Colony’s official erred in denying Media Eyes’ application. As such,
Media Eyes respectfully requests that the Sign Board of Appeals reverse the decision of the
Senior Planner and issue the requested permit. In the alternative, and for the reasons set out
herein, as well in the materials Media Eyes has already submitted, Media Eyes requests that the
Sign Board of Appeals issue the requested variance and allow Media Eyes to move forward with
the construction and operation of the proposed sign.
Thank you for your consideration of the foregoing. Please feel free to contact me
following your receipt of this letter to discuss any additional information you may need or if I
can be of further assistance.
Very truly yours,
/s/ Christopher W. Rothfelder
Christopher W. Rothfelder
CWR:mr
Enclosures
Cc: Tina Stewart Via Email: cs@thecolonytx.gov
City Secretary
6800 Main Street
The Colony, Texas 75056
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EXHIBIT 1
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121
122
Proposed Off-Premise Commercial Sign Use
•Address:3905 SH 121 @ Standridge Rd –The Colony,Tx –the western edge of the citylimit.Located in Business Park zoning.
•Proposed Use:Erection of a new 14’hx48’w (672)sqft double faced electronic signstructureorientedtoSamRayburnTollway(SH 121).This sign will be used for commercialandnon-commercial messages.
•Purpose:To allow the onsite flooring center to utilize the digital technology on the sign tochangetheirmarketingmessageshelpingtopromotetheirproductsandservices;additionally,by having the off-premise commercial component,this will allow otherbusinessesinthecommunitytoutilizethesigntopromotetheirproductsandservicestoo.
•Benefits:The past year has been a struggle for all retail businesses.The use of this sign’selectronicfeaturetocommunicatetothetravellingpublicisessentialandwillbeverybeneficialtomarkettothetravellingpublic.Over 181,000 vehicles pass by the proposedlocationondailybasis.
•Similar Use:As recent as May 2020,the City Council approved an off-premise commercialsign,located approximately 2.4 miles northeast of the proposed location at the followingaddress:5733 SH 121 @ (Village @ 121 Shopping Center)on the north side of Hwy 121.Since the sign’s construction,there has not been a single complaint regarding this alloweduse.And a few years ago,NFM installed two similar structures,amply separated,on thesouthsideofHwy121.
•Summary:The proposed location is at the farthest west city limit line adjacent to the CityofLewisvillecitylimitline.The area is surrounded by commercial and industrial zoning.The proposed sign use is conducive to the immediate area and would be welcoming forthosebusinessesthatseektoimprovetheirexposuretotheheavilytravelledhighwayandultimatelytoimprovetheeconomicwelfareoftheselocalbusinesses.
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Spacing: 2.43 miles Between
Off-Premise Commercial
Advertising Signs
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Up to 70’
14’H
48’w
Elevated
Highway
Facing Southwest
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EXHIBIT 2
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5/4/2021 Mail - info outdooradvertiser.com - Outlook
https://outlook.office.com/mail/deeplink?popoutv2=1&version=20210426004.07 1/1
RE: SBOA - Application Attached / 3905 State Highway 121
Isaac Williams <iwilliams@thecolonytx.gov>
Tue 5/4/2021 9 15 AM
To: info outdooradvertiser.com <info@outdooradvertiser.com>
James, it appears that you have submitted a sign application, however because this sign type is considered a “prohibited sign” the process as discussed will be to get consideration
for a sign variance from the Sign Board of Appeals (SBOA) prior to sign application submittal. There is a SBOA checklist that directs what documents are to be submitted with the
SBOA request. A link to this checklist is below.
https://www.thecolonytx.gov/DocumentCenter/View/5796/SBOA-Variance-Checklist
Please complete this checklist and submit to staff with the $350 application fee asap.
Let me know if you have any questions.
Best,
Isaac Williams
Senior Planner, Development Services
6800 Main Street
The Colony, Texas 75056
Office: 972-624-3164
Email: iwilliams@thecolonytx.gov
thecolonytx.gov
facebook.com/thecolonytexas
twitter.com/thecolonytexas
From: Isaac Williams
Sent: Monday, May 3, 2021 4:49 PM
To: info outdooradvertiser.com <info@outdooradvertiser.com>
Subject: RE: SBOA - Application Attached / 3905 State Highway 121
James, yes the physical SBOA submittal still needs to be provided along with the fee.
From: info outdooradvertiser.com <info@outdooradvertiser.com>
Sent: Monday, May 3, 2021 2:51 PM
To: Isaac Williams <iwilliams@thecolonytx.gov>
Cc: heather@ehtfirm.com; eric@ehtfirm.com
Subject: Re: SBOA - Application Attached / 3905 State Highway 121
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Isaac,
Just following up, I have attached the Development Services Application to this email as well. Earlier today I had dropped off the Permit Application and paid the fee.
Let me know if there is anything else that I need to do on my end.
Thanks,
James Ramsey
media eyes llc
(214) 536-2633 direct
info@outdooradvertiser.com
www.outdooradvertiser.com
From: info outdooradvertiser.com <info@outdooradvertiser.com>
Sent: Monday, May 3, 2021 9:28 AM
To: Isaac Williams <iwilliams@thecolonytx.gov>
Cc: heather@ehtfirm.com <heather@ehtfirm.com>; eric@ehtfirm.com <eric@ehtfirm.com>
Subject: SBOA - Application Attached / 3905 State Highway 121
Good morning Isaac-
I hope this email finds you well.
Following up on our conversation about the sign application submittal, per your instructions I have attached to this email the application and provided a link to the application details.
https://www.dropbox.com/sh/c48bv1fgmsjfn17/AABpeQZ1wGS3SH-qSUwYCDs8a?dl=0
If you have any questions, please feel free to give me a call or email. Please confirm receipt.
Thanks,
-James
James Ramsey
media eyes llc
(214) 536-2633 direct
info@outdooradvertiser.com
www.outdooradvertiser.com
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SBA21-0003 3905 SH 121
Looking east at proposed location from subject site. Looking north at proposed location from SH 121.
Looking south at proposed location from subject site. Looking west at proposed location from adjacent site.
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Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by: Tina Stewart
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to Axon
Enterprise, Inc. in the amount of $231,139.85 for the purchase of Taser upgrade in the Police Department.
(Brown)
Suggested Action:
We are purchasing (85) Taser’s – model 7 (the newest CQ Taser available)
• The funds will be drawn from two accounts due to the increase in pricing.
•The total cost is $231,139.85
•The CIP account # 895-675-6594 Project # 2222 amount is $190,000.00.
•The remainder will be taken from the TCPD forfeiture account # 752-675-6594 in the amount of
$41,139.85.
•This is a bundle package that includes an extended warranty for a period of 60 months.
•The purchase is being made from Axon Enterprise, INC who is the parent company of Taser – they are
a sole source provider.
Attachments:
Res. 2021-xxx Axon Enterprise Inc - Police Department Purchase Order.docx
172
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO AXON
ENTERPRISE, INCL, FOR THE PURCHASE OF A TASER UPGRADE FOR THE
POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to issue a purchase order to Axon Enterprise, Incl., in the amount of
$231,139.85 for the purchase of a Taser upgrade for the police department.
Section 2. That the City Manager or his designee authorized to issue said purchase order.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 3RD DAY OF NOVEMBER 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
__________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
__________________________________
Jeff Moore, City Attorney
173
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 2021
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute an Engineering Services
Contract in the amount of $222,490.00 with Halff Associates, Inc. to prepare construction plans and
specifications for the Phase 12 Residential Street Reconstruction Project. (Hartline)
Suggested Action:
Summary of Request:
Consider approval of a resolution authorizing the City Manager to sign an Engineering Services Contract in the
amount of $ 222,490.00 with Halff Associates, Inc. to prepare construction plans and specifications for the
Phase 12 Residential Street Reconstruction project. City Council approved funding for the design of these
streets in the 2021/2022 CIP budget. The streets to be designed during this project are listed below.
Concrete Streets:
Ballard Trail – 75 feet north of Driscoll Drive to Galloway Court
Runyon Drive – Clover Valley Drive to Paige Road
Alta Oaks Court – Western cul-de-sac to Alta Oaks Lane
The concrete streets will be reconstructed to the same width as existing with reinforced concrete pavement.
Sidewalk and driveway returns within right-of-ways will also be reconstructed. Storm drains, water/wastewater
mains and street lights will also be replaced, as needed. The design contract includes surveying, preparing
construction plans and specifications, bidding assistance and construction management services. The total
cost of the contract with Halff Associates, Inc. is $ 222,490.00. With approval, the project is anticipated to start
construction in June 2022 with an estimated completion in July 2023.
Recommendation:
Staff recommends approval of the contract with Halff Associates, Inc. for the design of the Phase 12
Residential Street Reconstruction project.
Suggested Motion:
I move to recommend approval of a resolution authorizing the City Manager to sign an Engineering Services
Contract in the amount of $ 222,490.00 with Halff Associates, Inc. to prepare construction plans and
specifications for the Phase 12 Residential Street Reconstruction project.
Attachments:
174
Location Map
Engineering Services Contract Scope of Services
Financial Summary
Res. 2021-xxx Engineering Servics Contract - Halff Associates, Inc.xps.doc
175
MainPaigeNor th Colony
NashFryer
Blair OaksBaker
MemorialSouth ColonyKeys
Norris
Aztec
Slay
Strickland
SH 121Morning StarRoberts
AveryArbor GlenEthridge Worley
GatesNewton
M a l o n e
Big River
Larner
GlenviewJoyCrawford
Alpha
Hale
Perrin
Pemberton
Adams
C a l d w e l l
Gibson
Kno x
D r is c o llIreland
John YatesCurryPearce
I o l a
AshlockElliotWagner
C l a r y
Phelps
Clover Valley
Stanley
Brandenburg
Hetherington FoxPowers
Bedford
S t ew a r t KnightShannon
Walker
Whe e le r
Augusta
Sagers
BartlettRaganBuc k s k in
Ramsey
MillerKing
Young
A listerLakeshoreYager
ApachePettitJe n nin g s
DurangoD ur bi n
GriffinMapl
eWitt
Overland
Rock Canyon
Rockwood
Green Hollow
T
a
y
l
o
r
DarbyThompson
Watkins
QueenYoungerRolling HillArcher Kisor
WexleyMatsonAlta Oaks
Cole
Phoenix
Marsh
Sam Rayburn TollwayTeal CoveMayesSH 121 O n Ram pAm hurstSutton
Freeman
BranchwoodDay SpringAndersonOxfordHawse
Hendrix
Paint er
LibertyCheyenneMountain Valley
RidgecrestLookoutBear RunCook Wi
l
shi
reG a r d n e r
FisherSandhill
Lakeside
Kean
Westwood
Sarasota
FoxfireLandmarkOakmont
Blue GlenAsh Glen UsherTrailvie
w
Lake Ridge
Beach Club
H o w a r d
High CliffBiscayneFosterEvansSparks
Branch HollowG r a h a m
Acacia
Harbor
M i d d l e t o n
MerrellNorth Park
Heron CoveH a c k n e y
Gilliam
GoodmanOhareWestportMel
r
oyNia
g
ara
Marks
Crutchberry
Willowbend
Santa FeBoca RatonAtterbury HedgecoxeJamesIndianola
Overton
KellerHanna
Che s a pe a k e
Latimer
Chowning
Holden
Monterrey
SparksMainMa
y
e
s
PaigeM e m o r i a l
µPhase 12 Residential Street Reconstruction Location Map
Alta Oaks Court
Ballard Trail
Runyon Drive
176
A-1
I:\43000s\43594\Prospect\001\Admin\Contracts\EXHIBIT A – Phase 12 Streets
EXHIBIT “A”
SCOPE OF SERVICES
for
Construction Plans, Specifications and Estimates
Phase 12 Street Reconstruction
in
THE COLONY
1. Description:
The project will involve the reconstruction of three (3) concrete streets. They
are as follows:
Ballard Trail – 75’ North of Driscoll Drive to Galloway Court (1,250 LF)
Runyon Drive – Clover Valley Drive to Paige Road (1,250 LF)
Alta Oaks Court – Western cul-de-sac to Alta Oaks Lane (572 LF)
Streets will be reconstructed to the same width as existing and with 6 -inch or
7-inch thick reinforced concrete paving sections in accordance with each
street's classification. Sidewalks, alley and driveway approaches within
street rights-of-way will be reconstructed as well. Ballard Trail shall include
drainage improvements and water line within street right-of-way. Runyon
Drive shall include water and sanitary sewer lines within the street right -of-
way. Alta Oaks Court shall include drainage improvements, water, and
sanitary sewer lines within the street right-of-way. No drainage
improvements shall be included on Runyon Drive, and no sanitary sewer line
improvements shall be included on Ballard Trail.
2. Assumptions: Professional services shall include only services that are
normal and customary and are not represente d as including special services
or those requiring expertise that is greater than that provided by other
service providers.
3. Work Plan:
A. Surveying: The Professional shall provide surveying services, which, in
general, may be defined as normal services applicable to a project of this
type. The following particulars will also apply.
(1) Vertical benchmarks shall be established such that all points of
construction shall be within 500 feet of a benchmark. Benchmarks
should not be subject to loss during construction. Fire hydrants and
similar appurtenances are not to be used for benchmarks. The
surveyor shall establish temporary benchmarks throughout the length
of the project.
177
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184
City of The Colony 10/15/2021
Phase 12 Street Reconstruction
Halff Associates AVO P43594.001
(1)(2)
Task
Director Team
Leader
QA/QC
Manager
Project
Manager
EIT Surveyor,
RPLS
Survey
Crew, PC
Survey
Crew, IM
Survey
Technician
GIS
Specialist
CADD Clerical Total Total Fees,
Materials &
Supplies
Subtotal Total
Special Services
Design Surveys 0.5 2.0 4.0 10.0 16.0 48.0 48.0 32.0 1.0 32.0 2.0 195.5 $20,348.55 $600.00 $20,948.55 $21,000.00
Geotechnical Investigaton (CMJ)$12,292.00 $1,229.20 $13,521.20 $13,520.00
TDLR Review and Inspection Fees 1.0 6.0 7.0 $856.36 $1,010.00 $1,866.36 $1,870.00
Printing and Delivery Costs 8.0 8.0 $772.80 $1,200.00 $1,972.80 $2,000.00
SUBTOTAL - Special Services 0.5 2.0 5.0 16.0 16.0 48.0 48.0 32.0 1.0 32.0 10.0 210.5 $34,269.71 $4,039.20 $38,308.91 $38,390.00
Basic Fee Services
Construction Plans (Approx. # of Sheets)
Cover Sheet (1)0.25 0.5 0.5 1.0 2.3 $299.48 $299.48 $300.00
Sheet Index and Legend (1)0.25 0.5 2.0 1.0 3.8 $477.34 $477.34 $500.00
General Notes (2)0.50 2.0 1.0 1.0 4.5 $619.65 $619.65 $600.00
Typical Paving Sections (1)4.0 8.0 2.0 14.0 $1,776.61 $1,776.61 $1,800.00
Modified and Standard Details 0.25 0.5 2.0 5.0 7.8 $974.14 $974.14 $1,000.00
Ballard Trail
Project Layout Sheets (2)0.25 4.0 8.0 4.0 16.3 $2,068.55 $2,068.55 $2,100.00
Demolition Plans (2)0.50 8.0 16.0 8.0 32.5 $4,137.10 $4,137.10 $4,100.00
Paving Plan and Profile Sheets (3)0.50 1.00 36.0 48.0 12.0 97.5 $12,702.00 $12,702.00 $12,700.00
Sidestreet and Alley Profiles (1)0.50 6.0 12.0 2.0 20.5 $2,627.80 $2,627.80 $2,600.00
Driveway Profiles (2)0.50 4.0 12.0 8.0 24.5 $3,083.20 $3,083.20 $3,100.00
Drainage Area Maps (1)0.25 0.50 4.0 8.0 2.0 14.8 $1,928.38 $1,928.38 $1,900.00
Hydraulic Grade Line and Inlet Calculations (2) 0.50 0.50 4.0 8.0 2.0 15.0 $1,993.07 $1,993.07 $2,000.00
Drainage Plan and Profile Sheet (1)0.50 0.50 4.0 8.0 2.0 15.0 $1,993.07 $1,993.07 $2,000.00
Water Line Plan Sheets (2)0.50 8.0 32.0 8.0 48.5 $6,034.33 $6,034.33 $6,000.00
Erosion Control Plans (1)0.50 2.0 8.0 2.0 12.5 $1,573.89 $1,573.89 $1,600.00
Traffic Control and Sequencing Plans (1)0.50 4.0 8.0 2.0 14.5 $1,863.69 $1,863.69 $1,900.00
Pavement Markings, Light and Signage Plans (1)2.0 4.0 2.0 8.0 $1,012.51 $1,012.51 $1,000.00
Roadway Cross Sections (5) 1.00 16.0 36.0 6.0 59.0 $7,506.51 $7,506.51 $7,500.00
Runyon Drive
Project Layout Sheets (1)0.25 4.0 8.0 2.0 14.3 $1,820.15 $1,820.15 $1,800.00
Demolition Plans (2)0.50 8.0 16.0 8.0 32.5 $4,137.10 $4,137.10 $4,100.00
Paving Plan and Profile Sheets (3)0.50 1.00 36.0 48.0 12.0 97.5 $12,702.00 $12,702.00 $12,700.00
Driveway Profiles (5)0.50 10.0 30.0 20.0 60.5 $7,577.37 $7,577.37 $7,600.00
Water Line Plan Sheets (2)0.50 8.0 32.0 8.0 48.5 $6,034.33 $6,034.33 $6,000.00
Sanitary Sewer Plan and Profile Sheets (3)0.50 8.0 32.0 8.0 48.5 $6,034.33 $6,034.33 $6,000.00
Erosion Control Plans (1)0.50 2.0 8.0 2.0 12.5 $1,573.89 $1,573.89 $1,600.00
Traffic Control and Sequencing Plans (1)0.50 4.0 8.0 2.0 14.5 $1,863.69 $1,863.69 $1,900.00
Pavement Markings, Light and Signage Plans (1)2.0 4.0 2.0 8.0 $1,012.51 $1,012.51 $1,000.00
Roadway Cross Sections (5) 1.00 16.0 36.0 6.0 59.0 $7,506.51 $7,506.51 $7,500.00
Alta Oaks Court
Project Layout Sheets (1)0.25 2.0 4.0 2.0 8.3 $1,056.05 $1,056.05 $1,100.00
Demolition Plans (1)0.50 4.0 8.0 4.0 16.5 $2,112.09 $2,112.09 $2,100.00
Paving Plan and Profile Sheets (2)0.50 2.00 24.0 32.0 8.0 66.5 $8,743.34 $8,743.34 $8,700.00
Alley Profiles (1)0.50 2.0 4.0 1.0 7.5 $975.38 $975.38 $1,000.00
Drainage Area Maps (1)0.25 0.50 4.0 8.0 2.0 14.8 $1,928.38 $1,928.38 $1,900.00
Hydraulic Grade Line and Inlet Calculations (1) 0.50 0.50 2.0 4.0 1.0 8.0 $1,104.76 $1,104.76 $1,100.00
Drainage Plan and Profile Sheet (1)0.50 0.50 4.0 8.0 2.0 15.0 $1,993.07 $1,993.07 $2,000.00
Water Line Plan Sheets (1)0.50 4.0 12.0 4.0 20.5 $2,586.40 $2,586.40 $2,600.00
Sanitary Sewer Plan and Profile Sheets (1)0.50 4.0 12.0 4.0 20.5 $2,586.40 $2,586.40 $2,600.00
Erosion Control Plans (1)0.50 2.0 8.0 2.0 12.5 $1,573.89 $1,573.89 $1,600.00
Traffic Control and Sequencing Plans (1)0.50 4.0 8.0 2.0 14.5 $1,863.69 $1,863.69 $1,900.00
Pavement Markings, Light and Signage Plans (1)1.0 2.0 2.0 5.0 $630.45 $630.45 $600.00
Roadway Cross Sections (2) 1.00 4.0 12.0 4.0 21.0 $2,673.47 $2,673.47 $2,700.00
Quantities and Cost Estimates 2.00 16.0 16.0 34.0 $4,563.94 $4,563.94 $4,600.00
Specifications / Project Manual 2.00 12.0 16.0 4.0 34.0 $4,370.74 $4,370.74 $4,400.00
Utility Coordination 8.0 8.0 16.0 $2,107.81 $2,107.81 $2,100.00
Meetings (1)2.0 2.0 4.0 $526.95 $526.95 $500.00
Internal Q/C 4.00 4.00 12.0 20.0 $4,836.62 $4,836.62 $4,800.00
Construction Phase Services
Pre-Bid Meeting 0.25 6.0 6.0 12.3 $1,624.40 $1,624.40 $1,600.00
Bidding / Addenda 0.50 6.0 4.0 10.5 $1,184.94 $1,184.94 $1,200.00
Contracts / Agreements / Recommendation Letter / Bid Tab 0.50 6.0 4.0 10.5 $1,184.94 $1,184.94 $1,200.00
Pre-Construction Meeting 0.50 6.0 6.0 12.5 $1,667.94 $1,667.94 $1,700.00
Submittals / Pay Requests / Schedules / Change Orders 1.00 24.0 40.0 65.0 $8,394.82 $8,394.82 $8,400.00
Monthly Construction Meetings & Site Visits 60.0 60.0 120.0 $15,808.59 $15,808.59 $15,800.00
Final Inspection and Punchlist 0.50 6.0 8.0 14.5 $1,905.09 $1,905.09 $1,900.00
Record Drawings 0.50 2.0 6.0 16.0 24.5 $3,075.54 $3,075.54 $3,100.00
SUBTOTAL - Basic Fee Services 8.0 32.8 12.0 410.5 745.5 194.0 12.0 1414.8 $184,012.84 $184,012.84 $184,100.00
TOTAL PROJECT 8.5 34.8 12.0 415.5 761.5 16.0 48.0 48.0 32.0 1.0 226.0 22.0 1625.3 $218,282.55 $4,039.20 $222,321.75 $222,490.00
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FINANCIAL SUMMARY:
Are budgeted funds available: Yes Amount budgeted/available: $ 310,000.00 (Design)
Fund(s) (Name and number): 895-669-6670-2259
Project number: 2259
Source of Funds: 2021-2022 Capital Outlay Bond Proceeds
Cost of recommended contract award: $ 222,490.00
Total estimated project cost:
$ 222,490.00 Engineering Already authorized Yes No
$ 222,490.00 Total estimated costs
192
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING AN ENGINEERING SERVICES
CONTRACT AMENDMENT BY AND BETWEEN THE CITY OF THE
COLONY AND HALFF ASSOCIATES, INC. FOR CONSTRUCTION
PLANS AND SPECIFICATIONS FOR THE PHASE 12 RESIDENTIAL
STREET RECONSTRUCTION PROJECT; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City and Consultant have entered into an Engineering Services Contract
Amendment that includes surveying, preparing construction plans, specifications and drawings,
estimates and construction management for the Phase 12 Residential Street Reconstruction
Project; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Halff Associates, Inc. which is attached hereto and incorporated herein by
reference as Exhibit “A”under the terms and conditions provided therein; and
WHEREAS, with this Contract the City of The Colony is agreeing to the services no to
exceed the amount of $222,490.00 for such work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Engineering Services Contract, which is attached hereto and incorporated
herein as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas,
and found to be acceptable and in the best interest of the City and its citizens, be, and the same is
hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the
City of The Colony, Texas.
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 3RD DAY OF NOVEMBER 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
_______
Tina Stewart, TRMC, CMC, City Secretary
193
APPROVED AS TO FORM:
Jeff Moore, City Attorney
194
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 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 551.072 of the Texas Government
Code to deliberate the purchase, exchange, lease, or value of real property.
Suggested Action:
Attachments:
195
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 3, 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 the deliberation of real property.
Suggested Action:
Attachments:
196