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HomeMy WebLinkAbout2022 0517Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Megan Charters Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 6 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Special Planning Session meeting minutes for April 30, 2022 and Regular Session meeting minutes for May 3, 2022. (Stewart) Suggested Action: Attachments: April 30, 2022 DRAFT Minutes Planning Session.docx May 5, 2022 DRAFT Minutes.docx 7 MINUTES OF THE CITY COUNCIL SPECIAL SESSION HELD ON APRIL 30, 2022 The Special Session of the City Council of the City of The Colony, Texas, convened at 9:30 a.m. on the 30th day of April, 2022, at the Cascades Conference Center, 5909 Stone Creek Dr., The Colony, Texas, with the following in attendance: Richard Boyer, Mayor Present Judy Ensweiler, Councilmember Present Robyn Holtz, Councilmember Present Brian Wade, Councilmember Present David Terre, Councilmember Present Perry Schrag, Councilmember Present Joel Marks, Councilmember Present And with 7 councilmembers present a quorum was established. Also in attendance: Troy Powell, City Manager Tim Miller, Assistant City Manager Brant Shallenburger, Deputy City Manager Joe Perez, Deputy City Manager David Coulon, Police Chief Scott Thompson, Fire Chief Troy Powell opened the meeting by explaining that this is a public meeting. He asked that goals be identified and prioritized. Mayor Boyer discussed potential changes in legislation and how The Colony would be affected. The Colony has little ability to be proactive regarding the legislature, but will continue to travel to Austin for representation. Troy reminded that there is money budgeted for conferences, trips to Austin, etc. Police Chief David Coulon gave an overview of the current status of the Police Dept. regarding policies and training. He gave a report on activity and accomplishments of the department as well as a report on crime, which is up by 25% primarily due to new businesses. Fire Chief Scott Thompson also reported on advancements and accomplishments of his department. New problems have surfaced with theconstruction of high rise buildings. Fire Station No. 5 should eliminate the need for mutual aid from other cities. A necessary upgrade to the radio system will be addressed during budget preparation. Both Chief Coulon and Chief Thompson stressed the dire need for additional office space for administrative personnel. 8 The possibility of creating additional revenue by filing charges with insurance companies for EMS support to non-residents was discussed. The sound wall will need to be cleaned annually. There is a reasonable quote for $40,000 for the first year and $16,000 for subsequent years which was unanimously agreed upon. Moving city elections from November to May will take legislative action. Discussion followed outlining pros and cons. Tim Miller presented a detailed report of the current outstanding debt situation. Every department in the City is at its capacity for office space, therefore, the City has made an offer to purchase an elementary school from LISD. The City stressed to LISD that there would be no negotiation and proposed a 12 year repayment. LISD rejected the offer noting they would not go beyond 10 years. It was determined that the City would not renegotiate the offer. A lot of discussion followed with suggestions about moving certain departments to provide an immediate solution. An RFQ is ready for the design of the new City Hall (formerly Trinity Medical Center). The difference between EDC and CDC funds and how they can be used was discussed. Several potential projects were outlined. A revised organizational chart was presented with an explanation of the recent changes. With the continuing problem of turkeys roaming the City, a landowner has volunteered to have them moved to his farm to live out the rest of their lives. With no other items to discuss, the meeting was adjourned at 3:00 p.m. APPROVED: ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: __________________________________ Ruthann Devlin for Tina Stewart, TRMC, CMC City Secretary 9 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 MAY 3, 2022 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 3 rd day of May 2022, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Councilmember Robyn Holtz, Councilmember Brian Wade, Councilmember David Terre, Councilmember Perry Schrag, Councilmember Joel Marks, Councilmember Present Present Present Present Present Present Absent (Personal) And with 6 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:30 p.m. 1.2 Invocation Councilman Schrag delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Proclamation recognizing the month of May as "Mental Health Awareness Month" and May 7, 2022 as Children's Mental Health Awareness Day. Mayor proclaimed the month of May as "Mental Health Awareness Month" and May 7, 2022 as "Children's Mental Health Awareness Day." Proclamation accepted by Lori Holland with University Behavioral Health of Denton County. 1.6 Proclamation acknowledging May 1-7, 2022 as Municipal Clerks Week. Mayor proclaimed May 1-7, 2022 as "Municipal Clerks Week". Proclamation accepted by City Secretary Tina Stewart. 1.7 Proclamation acknowledging May 9-15, 2022 as Economic Development Week. 10 City Council – Regular Meeting Agenda May 3, 2022 Page| 2 Mayor proclaimed May 9-15, 2022 as "Economic Development Week". Proclamation accepted by Economic Development Director, Keri Samford and Diane Lemmons, Business Retention Expansion. 1.8 Proclamation acknowledging National Bike Month. Mayor proclaimed the month of May as "National Bike Month". Proclamation accepted by Park Development Manager, Eve Morgan. 1.9 Items of Community Interest None 1.9.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Supervisor, Lindsey Stansell, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT None 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approve items from the Consent Agenda- Schrag; second by Ensweiler, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for April 19, 2022. 4.2 Consider approving Council expenditures for March 2022. 4.3 Consider approving a resolution authorizing the City Manager to execute a contract with Child's Play Inc. for the purchase and installation of the West Shore Park Playgrounds through the BuyBoard Purchasing Cooperative for $245,735.00 with funding from the Community Development Corporation. RESOLUTION NO. 2022-021 4.4 Consider approving a resolution authorizing the City Manager to adopt a new appendix "A" rate sheet with a 5.21% increase for residential solid waste and recycling and commercial solid waste per the contract with Republic Services. 11 City Council – Regular Meeting Agenda May 3, 2022 Page| 3 RESOLUTION NO. 2022-022 4.5 Consider approving a resolution authorizing the City Manager to execute a Cooperative Purchasing Agreement with the city of Southlake and Infosend, Inc. and the City of The Colony for utility bill printing services. RESOLUTION NO. 2022-023 4.6 Consider approving a resolution authorizing the City Manager to execute a 3-year contract with SoftwareOne for the renewal of Microsoft enterprise licensing through the State of Texas DIR Purchasing Cooperative in the amount of $78,500.00 per year. RESOLUTION NO. 2022-024 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider an ordinance regarding a Site Plan application for a mixed residential community known as "Chelsea Green at The Tribute," consisting of 17 single-family detached and 147 single-family attached (Townhome) units, amenity center and green spaces on an approximately 25 acre tract of land within the Tribute community. The subject site is located at the southwest intersection of Bridge Lane and Lebanon Road within the Planned Development 18 (PD) aka Tribute Zoning District. Director of Development Services, Isaac Williams, presented the proposed site plan ordinance to Council. The Development Review Committee finds that the Site Plan meets the requirements of the zoning ordinance. On April 26, 2022, the Planning and Zoning Commission voted 7-0 to recommend approval of the proposed ordinance. Jerry Sylo, Vice-President/Partner with JBI Partners, 2121 Midway Road, Carrollton, appeared before Council to answer questions. Motion to approve- Schrag; second by Terre, motion carried with all ayes. ORDINANCE NO. 2022-2472 5.2 Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit (SUP) to allow a Bar, Lounge or Tavern ("Brewpub") use at 5265 SH 121, with the condition that said use be located approximately 250 feet 12 City Council – Regular Meeting Agenda May 3, 2022 Page| 4 to the nearest Beverage Store, where a minimum separation of 1,000 feet are required.The request is located within an existing building containing approximately 8,400 square feet, and is located within the Business Park (BP) zoning District and the Gateway Overlay District. Director of Development Services, Isaac Williams, presented the proposed specific use permit ordinance to Council. The Development Review Committee finds the SUP meets the requirements of Code of Ordinances. On April 26, 2022, the Planning and Zoning Commission voted 7-0 to recommend approval of the specific use permit proposed ordinance. The public hearing opened and closed at 7:09 p.m. James Wirz, Attorney, 1604 Crosson Drive, Carrollton, and Peter Boettcher, 5401 W. Caylor Road, Ft. Worth, appeared before Council to answer questions. Motion to approve- Terre; second by Wade, motion carried with all ayes. ORDINANCE NO. 2022-2473 5.3 Conduct a public hearing, discuss and consider an ordinance for amendments to Planned Development -16 (PD-16) Ordinance No. 99-1129 and as amended by Ordinance No. 2014-2114 by modifying Exhibit C "Revised Development Standards" for Tracts 2 and 3 of Tract B-4 as reflected in Ordinance No. 2014-2114 and Lot 7B, Block A; Lot 3, Block A; and Lot 2, Block A of The Colony Center Addition within Tract B-1 as reflected in Ordinance No. 2014-2114. The subject area contains approximately 19.86 acres and is located at the northwest intersection of South Colony Boulevard and State Highway 121 within the Planned Development-16 District and the Gateway Overlay District. Director of Development Services, Isaac Williams, presented the proposed ordinance amendments to Council. The Development Review Committee had no objection to the request as proposed for a planned development amendment to allow a parking reduction. On April 12, 2022, the Planning and Zoning Commission voted 4-0 to recommend approval of the request. The public hearing opened at 7:26 p.m. Amir Robertson, 2901 Dallas Parkway, Plano, appeared before Council to answer questions. There being no other speakers, the public hearing closed at 7:28 p.m. Motion to approve- Schrag; second by Wade, motion carried with all ayes. ORDINANCE NO. 2022-2474 13 City Council – Regular Meeting Agenda May 3, 2022 Page| 5 5.4 Conduct a public hearing, discuss and consider an ordinance approving a detailed map establishing Single-Member District boundaries for City Council Places 3 through 6. Councilwoman Holtz provided an overview on this item. The Redistricting Committee members presented three map options for Council approval. The new boundary lines will go into effect with the 2023 Election. The public hearing opened and closed at 7:35 p.m. with no speakers. Motion to approve map 3- Schrag; motion did not receive a second and was lost Motion to approve map 2- Wade, second by Schrag, motion carried with all ayes. ORDINANCE NO. 2022-2475 Executive Session was convened at 7:41 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and 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 8:17 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:20 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas 14 City Council – Regular Meeting Agenda May 3, 2022 Page| 6 ATTEST: _______________________________ Tina Stewart, TRMC, CMC City Secretary 15 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Consider approving a resolution accepting Joe Perez's resignation as the City of The Colony's Denton County Transit Authority Representative and appointing Jeremie Maurina to fill the position for the unexpired term through November 2022. (Perez) Suggested Action: Attachments: Res. 2022-xxx DCTA Appointment for unexpired term.docx 16 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY FOR THE UNEXPIRED TERM THROUGH NOVEMBER 2022; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS,House Bill 3323, which became effective September 1, 2001, enables a County to create a coordinated county transportation authority to provide public transportation and transportation-related services; and WHEREAS,the City Council of the City of The Colony, Texas, previously appointed Joe Perez as the City of The Colony’s current representative to the Denton County Transportation Authority; and WHEREAS,the City Council of the City of The Colony, Texas, now desires to appoint Jeremie Maurina to fill the position previously held by Joe Perez for the unexpired term through November 2022. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1.The City Council of the City of The Colony, Texas, now desires to appoint Jeremie Maurina to fill the position previously held by Joe Perez to the Denton County Transportation Authority Board for the unexpired term through November 2022. SECTION 2.That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 17TH DAY OF MAY 2022. _________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary 17 APPROVED AS TO FORM: ____________________________________ Jeff Moore, City Attorney 18 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to amend the contract language in Section 6 "General Services Support" of the 21/22 SPAN Contract for Services. (Perez) Suggested Action: Approval Attachments: Contract Amendment Background.docx SPAN Contract for Services Agreement.docx Res. 2022-xxx SPAN Contract for Services 2022-2023.docx 19 This item is to approve revised language within section 6, general support services of the 21/22 SPAN service contract. Two additional areas of funding/cost reimbursement were added to this fiscal year’s contract with parts (d.) and (e.) of section 6. Part (d.) makes funds available to cover costs for trips generated by Next Steps The Colony. Part (e.) makes funds available for discretionary costs associated with the delivery of SPAN services in general and/or for trip costs that otherwise are not covered by Medicaid/Medicare for riders who are in need of transportation and cannot afford the ride. As part of the 21/22 contract discussion, Council’s direction was to allocate an additional $7,500 within the contract for the reimbursable costs described above however, the discretionary language did not make it in to the original contract language per Council’s requestnor did the amount not to exceed $7,500. This amendment adds that language and simply revises some of the language in section 6. to address what Council’ intent was originally with these two new additions to the service contract. 20 STATEOFTEXAS § COUNTY OF DENTON § CONTRACT FOR SERVICES THIS SERVICE AGREEMENT ("Agreement") is entered into by and between the City of The Colony, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "CITY") and SPAN, Inc., (hereinafter referred to as "SPAN"), a Texas non-profit corporation operating in Denton County, Texas as an organization described in Section 501(c)(3) of the Internal Revenue Code, acting by and through its duly authorized Executive Director. WHEREAS SPAN enables people to live as fully and independently as possible by providing nutrition, transportation and social services to older persons, persons with disabilities, veterans, and the general public; and WHEREAS the success of or failure of the SPAN's purposes and objectives has a direct impact on the health and welfare of the citizens of the city; and WHEREAS the City is charged with the responsibility of promoting and preserving the health, safety, peace, good government, and welfare of its citizens; and WHEREAS SPAN transportation services were developed to provide safe and efficient transportation to seniors, persons with special needs, veterans and as otherwise defined by agreements into which SPAN may enter from time to time; and WHEREAS The CITY and SPAN desire to enter into this Agreement whereby SPAN will provide demand response transit service for CITY residents that are seniors (age 60 or older), people with documented disabilities, veterans, spouses of veterans and companions or personal care attendants of the passenger types (hereafter referred to collectively as "Riders"), and WHEREAS Riders in CITY are taken anywhere in SPAN’s demand response transit service area at a cost to the Riders of $3.00 for seniors (age 60 and older) and people with documented disabilities; and WHEREAS Riders may call in at least one (1) day in advance, but no more than two (2) weeks in advance, to set up appointments for pick-up and drop off by calling SPAN'S Transportation Office at 940-382-1900 weekdays between the hours of 8:00 a.m. and 2:00 p.m.: and WHEREAS Demand response transit service is available between the hours of 7:00 a.m.and 6:00 p.m. Monday through Friday excluding major holidays and subject to capacity constraints. 21 NOW, THEREFORE, THE CITY AND SPAN DO HEREBY COVENANT AND AGREE AS FOLLOWS: 1.Recitals The foregoing recitals are found to be true and correct, are fully incorporated into the body of this Agreement and made a part hereof by reference just as though they are set out in their entirety. 2.Scope ofTransportation Services SPAN shall provide door-to-door demand response transit services to CITY citizens residing in Denton County who are Riders in accordance with this Agreement and SPAN's "Transportation Policy and Procedures" which is attached hereto as Exhibit "A" and incorporated herein by reference as though it were set out in its entirety ("Policy"). In the event of conflict between this Agreement and the Policy, this Agreement shall control. In performing services under this Agreement, the relationship between the CITY and SPAN is that of an independent contractor. No term or provision of this Agreement or act of SPAN in the performance of this Agreement shall be construed as making SPAN the agent, servant,or employee of theCITY. 3.SPAN Transportation Operations a.SPAN shall provide all equipment, facilities, qualified employees, training, and insurance necessary to establish a demand response transit service for the CITY's Riders. SPAN shall further establish, operate, and maintain an accounting system for this program that will allow for a tracking of services provided to Riders anda review of the financial status of the program.SPAN shall also track and break down the information regarding the number of one-way trips it provides to Riders. b.The CITY shall have the right to review the activities and financial records kept incident to the services provided to the CITY's Riders by SPAN. In addition, SPAN shall provide monthly ridership information to the City Manager or his/her designee specifically identifying the number of Rider trips including rider origination, destination, and purpose. c.SPAN will be responsible for verifying and documenting the eligibility of Riders. SPANreserves the right to determine on an individual basis whether SPAN has the capability to safely transport a passenger. In the event that safety is compromised, SPAN may decline transportation for this person and must document the reason why service was declined. d.Span will inform riders that their trips to the doctor or dentist’s office, hospital, drug store or other location may qualify as a Medicaid eligible trip. e.Span reserves the right to immediately terminate services without warning if a passenger poses a safety risk to himself/herself or any other person. Span also reserves the right to suspend or terminate riders who violate Span’s cancellation policy. 22 4.Payment Due to the CARES Act, federal funding for transportation services will allow for 100% reimbursed billing without the need for a local funding match. CARES Act funds allow for Federal funds to reimburse transportation expenses incurred by the city. SPAN demand response transportation will be provided to the city without a fee for the entirety of the agreement. a.Due to Cares Act funding Span will produce monthly trip reports but will not need to monitor usage. b.It is further understood and agreed that the service provided hereunder shall be secondary to and not in lieu of or as a substitute for transportation services available through or funded by Medicare and/or Medicaid or any other program, insurance, or provider. 5.Senior Center Trip Fare Reimbursement In addition, the City of The Colony hereby agrees to pay an amount not to exceed Seven Thousand and Five Hundred 00/100 dollars ($7,500.00) as reimbursement for Senior Center attendees' transportation/fares to and from the Senior Center based on 2,500 city of The Colony residents’ fare cost of $3.00 per trip. Reimbursement of Senior Center fares shall be processed according to the following: May 2022- SPAN may invoice the city of The Colony - (include ridership/trip counts for October 2021- March 2022) October 2022 -SPAN may invoice the city of The Colony - balance of ridership for the year (include ridership/trip counts for April 2022- September 2022) Total Fare Reimbursement for Senior Center Fares for FY 2021-22 shall not exceed $7,500.00. 6.General Services Support In addition to the transportation services described above, SPAN covenants and agrees that it shall provide its services to eligible city residents including: a.Meals at the Senior Center b.Home delivered meals c. Nutrition education to meal program participants. d.Reimbursement for transportation/fares for clients of The Colony Next Steps 501c3 23 e. Per authorization of city of The Colony City Manager or designee, reimbursement for discretionary costs associated with the delivery of SPAN’s services in general, as well as for residents of The Colony who otherwise do not qualify for SPAN’s services due to federal or state funding regulations and guidelines For the operation and provision of the services described in subsections a, b and c of this Article 6, the City shall pay SPAN the sum of Seven Thousand Five Hundred and no/100 dollars ($7,500.00) upon execution of this Contract for Services. For the operation and provision of the services described in subsections d and e of this Article 6, the City shall pay SPAN the sum of Three Thousand and no/100 dollars ($3,000.00) upon execution of this Contract for Services and authorizes reimbursement for costs associated with subsections d. and e. not to exceed $7,500 during the contract term outlined in Section 12 of this Agreement. 7.Indemnification SPAN assumesall liability andresponsibility forand agrees tofullyindemnify,hold harmless and defend the CITY, and its officials, officers, agents, servants and employees from and against any and all claims, damages, losses and expenses, including but not limitedto attorney's fees, for injury to or death of a person or damage to property,arisingout of or in connection with, directly or indirectly, the performance, attempted performance or nonperformance of the services described hereunder or in any way resulting from or arising outof themanagement, supervision, and operation oftheprogram and activities of SPAN.In the event of joint and concurring responsibility of SPAN and the CITY, responsibility, and indemnity,if any,shallbe apportioned comparatively in accordancewith TexasLaw,without waiving any defense of either party under Texas Law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person orentity. 8.Insurance SPAN shall obtain public liability insurance of the types and in the amounts set forth below from an insurance carrier or underwriter licensed to do business in the State of Texas and acceptable to the CITY.SPAN shall furnish CITY with certificates of insurance or copies of the policies, evidencing the required insurance on orbefore the beginning date of this Agreement. SPAN agrees to submit new certificates or policies to CITY on or before the expiration date of the previous certificates or policies. The insurance shall be the following types in amounts not less than indicated: a.Comprehensive General (Public) Liability Insurance or its equivalent includingminimum coverage limits of $1,000,000 per occurrence combined single limit for bodily injury and property damage. b.Automobile Liability Insurance including minimum coverage limits of $1,000,000 per combined single limit for bodily injury and property damage. c.On all insurance required, SPAN shall require insurance providers to: 24 Name the CITY, and its officials, officers and employees, as additional insureds and provide thirty (30) days written notice to CITY of any material change to or cancellation of the insurance. 9.Assignment and Delegation Neither party shall assign or delegate the rights or obligations under this Agreement without the prior written consent of the other party. 10.Severability In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in full force and effect as to the balance of its provisions and shall be construed as if such invalid provision were not a part hereof. 11.Mediation In the event of any dispute regarding this Agreement or the terms contained herein, the parties hereto agree that they shall submit such dispute to non-binding mediation. 12.Term of Agreement The term of this Agreement shall be from October 1, 2021, through September 30, 2022. Either party may modify this Agreement by submitting,in writing, the proposed amendment to be considered and executed by both parties. This Agreement may be terminated with or without cause by either party by giving thirty (30) days written notice to the other party oftheir intent to terminate the agreement. In the event the CITY terminates without cause, Span shall be entitled to receive just and equitable compensation for any satisfactory work completed in accordance with this Agreement and prior to the termination. 13.Applicable Law Venue This Agreement shall be governed by, construed, and enforced in accordance with the laws ofthe State of Texas, and venue for any claim or cause of action shall lie exclusively in Denton County, Texas or the Federal courts having jurisdiction over claims arising in Denton County, Texas. 14.Attorney's Fees and Costs In the event it becomes necessary to take legal action to enforce the terms of this Agreement,the prevailing party in such action shall be entitled to recover attorney's fees and costs of court from the non-prevailing party. 25 IN WITNESS WHEREOF the CITY of The Colony and Span, Inc. have executed this Agreement on this the ___ day of ______________2021. SPAN, INC: Michelle McMahon, ExecutiveDirector City of The Colony _____________________________________ Troy Powell, City Manager ATTEST: Tina Stewart, City Secretary 26 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES BY AND BETWEEN THE CITY OF THE COLONY, TEXAS, AND SPAN, INC.; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas, has duly reviewed and considered the Contract for Service, a copy of which is attached hereto as Exhibit A, by and between the City of The Colony, Texas, and SPAN, Inc., for the purpose of providing nutrition, transportation and social services to older persons, persons with disabilities, and veterans. Section 2.That this Contract for Services, a copy of which is attached hereto as Exhibit A, is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3.That this Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 17TH DAY OF MAY 2022. __________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _____________________________________ Jeff Moore, City Attorney 27 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Eve Morgan Submitting Department: Parks & Recreation Item Type: Ordinance Agenda Section: Subject: Consider approving an ordinance budget amendment to increase the approved Fiscal Year 2021-2022 Lake Parks Capital Improvement fund in the amount of $145,000.00 for the Stewart Creek Park Erosion Repair project, with funding from the Lake Parks Fund. (Morgan) Suggested Action: Background Stewart Creek Park, a U.S. Corps of Engineers Park, located on the shore of Lewisville Lake is part of the land that The Colony leases from the Corps. The western shoreline of the park is sustaining severe erosion due to the constant wave action from the lake. Efforts have been made to slow this process down, including installing a concrete bag wall on the southern end of the shoreline and creating a no-wake zone along that entire side of the shore when the fishing pier was installed. These measures have helped in some areas but erosion continues to the point that extensive repairs need to be made in the near future to protect the roads and the existing concrete bag wall or the roads will be damaged and the bag wall will fail. Purpose Staff has consulted with an engineering firm to determine recommendations for repairs along the entire length of the western shoreline. Three steps have been identified to begin repairing the erosion issue. The first step is to repair the areas around the bag wall to prevent failure. This project should be expedited before further erosion occurs around the wall. Timing for this project will depend on current lake levels. The second step is to get engineered plans designed to address the erosion in areas where much of the existing land has sluffed off and left the shoreline with potentially unstable surfaces that drop to several feet below. This process will take more time as the Corps will need to approve the plans before the repairs can be made. That can be a lengthy process so the sooner the plans are developed, the sooner the Corps can review and approve the plans. Finally, the third step is to budget for the actual repairs determined by the engineered plans in the next fiscal year budget so that there is not a long lag time between when the plans are approved and when the project goes out for bid. This budget amendment would be for repairing the existing concrete bag wall and for professional services fees for the engineered plans. Attachments: Budget Amendment Financial Summary.pdf Ord. 2022-xxxx Lake Parks Budget Amendment.doc 28 29 FINANCIAL SUMMARY Are Lake Park funds available? X Yes No Lake Park Funds available $1,130,000.00 Cost for budget amendment: Bag Wall Repair $20,000.00 Professional Services $125,000.00 Total 145,000.00$     TOTAL BUDGET AMENDMENT 145,000.00$     30 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2021 - ________ AMENDING THE FISCAL YEAR 2021-2022 BUDGET AN ORDINANCE AMENDING ORDINANCE 2021-2447, ADOPTING THE FISCAL YEAR 2021-2022 BUDGET OF CITY OF THE COLONY, TEXAS BY REALIGNING BUDGETS AS SET FORTH HEREIN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AMENDING THE FISCAL YEAR 2021-2022 BUDGET FOR THE LAKE PARKS FUND OF THE CITY OF THE COLONY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, the Council of the City of The Colony is conducting business pursuant to a budget for fiscal year 2021-2022, heretofore previously adopted by Ordinance No. 2021-2447 on the 7th day of September, 2021; and WHEREAS, Section 102.010 of the Texas Local Government Code authorizes the governing body of a municipality to make changes in the budget for municipal purposes; and WHEREAS, the City of The Colony finds it in the best interest of the City to increase the 2021- 22 Lake Parks budget by $145,000 for Steward Creek erosion repairs. WHEREAS, the City Council has reviewed the budget and has determined that a valid municipal purpose is served by such budget increases and reallocation of funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are incorporated into the body of this Ordinance as if copied herein in their entirety. SECTION 2. AMENDMENT AND ADOPTION That the Lakes Parks budget for the fiscal year ending September 30, 2022 heretofore previously adopted by Ordinance 2021-2447 duly enacted by the City Council of the City of The Colony on the 7th day of September, 2021, be and is hereby amended as set forth herein, which amendment 31 2 is hereby, in all respects, finally approved and adopted as so changed; and the same shall be hereby filed with the City Secretary of the City of The Colony. SECTION 3. BUDGET INCREASES That the 2021-22 Lake Parks Fund budget is to be increased by an amount not to exceed $145,000. SECTION 4. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the City of The Colony, Texas except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 5. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council of The City of The Colony that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of The Colony are expressly saved as to any and all violations of the provisions of any Ordinances affecting budgets, budget approval or adoption, which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its date of passage. 32 3 AND IT IS SO ORDAINED. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 17th DAY OF MAY 2022. __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: __________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney City of The Colony, Texas 33 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Eve Morgan 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 Halff Associates, Inc. for the Stewart Creek Park Erosion Repair Project in the amount of $103,225.00 with funding from the Community Development Corporation. (Morgan) Suggested Action: Staff has consulted with Halff Associates, Inc. to determine recommendations for repairs along the entire length of the western shoreline. Three steps have been identified to begin repairing the erosion issue. This proposal addresses the second step, to produce engineered plans designed to address the erosion in areas where much of the existing land has sluffed off and left the shoreline with potentially unstable surfaces that drop to several feet below. Halff Associates, Inc. has provided a proposal to provide professional services including: schematic design, design development documents, contract documents, drawings, plans specifications and other documents in connection with the project ("project documents"); project management and coordination; surveying services; Corps approvals; bidding, construction observation and closeout procedures. A budget amendment has been requested to add this project to FY2021-2022 Lake Parks Fund CIP projects to fund this project. Fees for this proposal are $103,225.00 with funding from the Lake Parks Fund. Attachments: Financial Summary.pdf Halff Contract - Exhibits.pdf Res. 2022-xxx Professional Servics Contract - Halff Associates, Inc.doc 34 Stewart Creek Park Erosion Repair Project FINANCIAL SUMMARY Are budgeted funds available? X Yes No Amount budgeted/available 145,000.00$ Professional Services Fees: Halff 103,225.00$ Total Halff Professional Fees: 103,225.00$ Funding from Lake Parks Fund 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 – ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND HALFF ASSOCIATES, INC. FOR THE STEWART CREEK PARK EROSION REPAIR PROJECT WITH FUNDING FROM THE COMMUNITY DEVELOPMENT CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and Consultant have entered into an Professional Services Contract for the Stewart Creek Park Erosion Repair 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 $103,225.00 for such work with funding from the Community Development Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The Professional 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 17TH DAY OF MAY 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _______ Tina Stewart, TRMC, CMC, City Secretary 59 APPROVED AS TO FORM: Jeff Moore, City Attorney 60 Agenda Item No:4.6 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to approve a grant in the amount $60,000.00 for the City’s local share portion in a request for a State of Texas Events Trust Fund Grant. The State of Texas will match the local share by 6.25:1 ratio. (Baxter/Powell) Suggested Action: Attachments: Res. 2022-xxx State of Texas Events Trust Fund Grant Request.docx 61 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2022 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A GRANT REQUEST IN THE AMOUNT OF $60,000.00 FOR THE CITY’S LOCAL SHARE PORTION IN A STATE OF TEXAS EVENTS TRUST FUND; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1.That the City Council of the City of The Colony, Texas, hereby authorizes the City Manager to approve a grant request for the city’s local share portion for a State of Texas Events Trust Fund in the amount of $60,000.00. The state of Texas will match the local share by 6.25:1 ratio. Section 2. That the City Manager or his designees are authorized to issue said grant request. Section 3. That this resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 17TH DAY OF MAY 2022. _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _____________________________ Jeff Moore, City Attorney 62 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: David Cranford Submitting Department: Finance Item Type: Ordinance Agenda Section: Subject: Discuss and consider all matters incident and related to the issuance and sale of "City of The Colony, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2022", including the adoption of an ordinance authoring the issuance of such certificates of obligation. (Miller) Suggested Action: Bonds, not to exceed $21.6 million, will be sold to support various road, sidewalk, drainage and utility systems. All projects were approved in the 2021-2022 CIP budget. Presentation by our financial advisors Hilltop Securities. Attachments: Ord. 2022-xxxx Certificates of Obligation Series 2022.docx 63 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022 - ________ AN ORDINANCE authorizing the issuance of “CITY OF THE COLONY, TEXAS, COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2022”; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited surplus pledge of the City’s waterworks and sewer system; specifying the terms and conditions of such certificates of obligation; resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said certificates of obligation, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of a Preliminary Official Statement and an Official Statement; and providing an effective date. WHEREAS, notice of the City Council’s intention to issue certificates of obligation (the “Notice”) in the maximum principal amount of $21,600,000 for the purpose of paying contractual obligations to be incurred for (i) constructing, improving and renovating streets, alleys, culverts and bridges, including drainage and erosion control, landscaping, screening walls, curbs, gutters, sidewalks, lighting, signage and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, (ii) constructing, improving and equipping police, fire-fighting and animal control facilities, including the acquisition of vehicles, (iii) constructing, improving and equipping park and recreational facilities, (iv) acquisition and installation of software for the information technology department, (v) constructing, improving and equipping the City’s waterworks and sewer system and the acquisition of rights-of-way therefor, (vi) renovating, improving and equipping existing municipal buildings and (vi) professional services rendered in connection therewith, has been duly published in The Dallas Morning News, a newspaper of general circulation in the City of The Colony, Texas on March 25, 2022 and March 28, 2022, the date the first publication of such notice being not less than forty-six (46) days prior to the tentative date stated therein for the passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, the City Council hereby finds and determines that the time period for qualified voters of the City to submit a petition as authorized by Section 271.049, Texas Local Government Code has remained open from the date of the adoption of the resolution authorizing the giving of the Notice to the date hereof; and WHEREAS, no petition protesting the issuance of the certificates of obligation described in the Notice, signed by at least 5% of the qualified electors of the City, has been presented to or filed with the City Secretary on or prior to the date of the passage of this Ordinance; and WHEREAS, the City Council hereby finds and determines that $_________________ principal amount of the certificates of obligation described in the Notice should be authorized at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.Authorization - Designation - Principal Amount - Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal 64 107296889.2/10012036162 amount of $_____________, to be designated and bear the title “CITY OF THE COLONY, TEXAS, COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2022” (hereinafter referred to as the “Certificates”), for the purpose of paying contractual obligations to be incurred for (i) constructing, improving and renovating streets, alleys, culverts and bridges, including drainage and erosion control, landscaping, screening walls, curbs, gutters, sidewalks, lighting, signage and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, (ii) constructing, improving and equipping police, fire-fighting and animal control facilities, including the acquisition of vehicles, (iii) constructing, improving and equipping park and recreational facilities, (iv) acquisition and installation of software for the information technology department, (v) constructing, improving and equipping the City’s waterworks and sewer system and the acquisition of rights-of-way therefor, (vi) renovating, improving and equipping existing municipal buildings and (vi) professional services rendered in connection therewith, all in accordance with the authority conferred by, and in conformity with, the Constitution and laws of the State of Texas, including Texas Local Government Code, Subchapter C of Chapter 271, as amended. Section 2.Fully Registered Obligations - Certificate Date - Authorized Denominations - Stated Maturities - Interest Rates. The Certificates are issued as fully registered obligations only, shall be dated May 15, 2022 (the “Certificate Date”), and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity), and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the “Stated Maturities”) and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Stated Maturity Principal Amount ($) Interest Rate (%) 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 The Certificates shall bear interest on the unpaid principal amounts from the date of the initial delivery of the Certificates at the rate(s) per annum shown above (calculated on the basis 65 107296889.2/10012036163 of a 360-day year consisting of twelve 30-day months) and shall be payable on February 15 and August 15 in each year until maturity or prior redemption, commencing February 15, 2023. Section 3.Terms of Payment - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the “Holders”) appearing on the registration and transfer books maintained by the Paying Agent/Registrar. Such payments shall be payable, without exchange or collection charges, to the Holder in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. The selection and appointment of U.S. Bank Trust Company, National Association, Dallas, Texas, to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the “Security Register”) shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a “Paying Agent/Registrar Agreement”, substantially in the form attached hereto as Exhibit A and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor or Mayor Pro Tem and City Secretary are authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged; and, any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial institution, or other entity duly qualified and legally authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States mail, first-class, postage prepaid; which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates, shall be payable at the Stated Maturities or upon prior redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices, initially in St. Paul, Minnesota, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the “Designated Payment/Transfer Office”). Interest on the Certificates shall be paid only to the Holders whose names appear in the Security Register at the close of business on the Record Date (the last business day of the month next preceding the interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent by United States Mail, first-class, postage prepaid, to the address of the registered owner recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by and at the risk and expense of the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be fifteen (15) days after the Special Record 66 107296889.2/10012036164 Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class, postage prepaid, to the address of each Holder appearing on the Security Registrar at the close of business on the last business day next preceding the date of mailing of such notice. Section 4.Redemption. (a)Optional Redemption. The Certificates maturing on or after February 15, 2032 shall be subject to redemption prior to maturity, at the option of the City, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) on February 15, 2031 or any date thereafter, at the redemption price of par plus accrued interest from the most recent interest payment date on which interest has been paid or duly provided for to the date of redemption. At least forty-five (45) days prior to an optional redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be optionally redeemed, and the date of redemption. (b)Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat such Certificates as representing the number of Certificates Outstanding, which is obtained by dividing the principal amount of such Certificates by $5,000, and shall select the Certificates, or principal amount thereof, to be redeemed within such Stated Maturity by lot. (c)Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first-class, postage prepaid, in the name of the City and at the City’s expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall: (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption thereof has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the specified redemption date; provided moneys sufficient for the payment of such Certificate (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. 67 107296889.2/10012036165 (d)Conditional Notice of Redemption. With respect to any optional redemption of the Certificates, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said redemption may, at the option of the City, be conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received or such prerequisites are not satisfied, such notice shall be of no force and effect, the City shall not redeem such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Certificates have not been redeemed. Section 5.Registration - Transfer - Exchange of Certificates - Predecessor Certificates. A Security Register relating to the registration, payment, and transfer or exchange of the Certificates shall at all times be kept and maintained by the City at the Designated Payment/Transfer Office of the Paying Agent/Registrar, as provided herein and in accordance with the provisions of an agreement with the Paying Agent/Registrar and such rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each Holder of the Certificates issued under and pursuant to the provisions of this Ordinance. Any Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar at the Designated Payment/Transfer Office for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon the surrender for transfer of any Certificate (other than the Initial Certificate(s) authorized in Section 8 hereof) at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates, executed on behalf of, and furnished by, the City, of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates (other than the Initial Certificate(s) authorized in Section 8 hereof) may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest, and of like aggregate principal amount as the Certificates surrendered for exchange upon the surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Certificates are so surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates, executed on behalf of, and furnished by the City, to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar, or sent by United States mail, first-class, postage prepaid, to the Holder and, upon the registration and delivery thereof, the same shall be valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that 68 107296889.2/10012036166 the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer under this Section are hereby defined to be “Predecessor Certificates,” evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term “Predecessor Certificates” shall include any Certificate registered and delivered pursuant to Section 23 hereof in lieu of a mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/Registrar shall be required to issue, transfer or exchange any Certificate called for redemption, in whole or in part, within forty-five (45) days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. Section 6.Book-Entry-Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of “Book-Entry-Only” securities clearance, settlement and transfer system provided by The Depository Trust Company (“DTC”), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representations by and between the City and DTC (the “Depository Agreement”). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the “DTC Participants”). While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the “Beneficial Owners”) being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City decides to discontinue the use of the system of book-entry-only transfers through DTC, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. Section 7.Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor or the Mayor Pro Tem under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signatures of said officers and the seal of the City on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of said individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more 69 107296889.2/10012036167 of such individuals shall cease to hold such offices at the time of delivery of the Certificates to the initial purchaser(s), and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in Texas Government Code, Chapter 1201, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially as set forth in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent, or a certificate of registration substantially as set forth in the form provided in Section 9D, manually executed by an authorized officer, employee, or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered, and delivered. Section 8.Initial Certificate(s). The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount of this series with principal installments to become due and payable as provided in Section 2 and numbered T- 1 or, alternatively, (ii) as multiple fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the “Initial Certificate(s)”) and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificate(s) submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. Section 9.Forms. A.Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of Registration of the Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution thereof. Any portion of the text of any Certificate may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. 70 107296889.2/10012036168 The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, engraved, typewritten, photocopied, or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution thereof. The City may provide (i) for issuance of one fully registered Certificate for the Stated Maturity in the aggregate principal amount of such Stated Maturity and (ii) for registration of such Certificate in the name of a securities depository, or the nominee thereof. While any Certificate is registered in the name of a securities depository or its nominee, references herein and in the Certificates to the holder or owner of such Certificate shall mean the securities depository or its nominee and shall not mean any other person. B.Form of Definitive Certificates. REGISTERED REGISTERED NO. ____$__________ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF THE COLONY, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION SERIES 2022 Certificate Date:Interest Rate:Stated Maturity:CUSIP NO. May 15, 2022 _________%February 15, 20___________ Registered Owner: Principal Amount:DOLLARS The City of The Colony (hereinafter referred to as the “City”), a body corporate and municipal corporation in the County of Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the registered owner named above, or the registered assigns thereof (the "Registered Owner"), on the Stated Maturity date specified above, the Principal Amount stated above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the interest payment date next preceding the “Registration Date” of this Certificate appearing below (unless this Certificate bears a “Registration Date” as of an interest payment date, in which case it shall bear interest from such date, or unless the “Registration Date” of this Certificate is prior to the initial interest payment date in which case it shall bear interest from the date of the initial delivery of the Certificates) at the per annum rate of interest specified above computed on the basis of a 360- day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2023, until maturity or prior redemption. Principal of this Certificate shall be payable at its Stated Maturity or on a redemption date to the Registered Owner hereof upon presentation and surrender at the designated offices of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor (the “Designated Payment/Transfer Office”). Interest shall be payable to the registered owner of this Certificate (or of one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the “Security Register” maintained by the Paying Agent/Registrar at the close of business on the “Record Date”, which is the last business day of the month next preceding 71 107296889.2/10012036169 each interest payment date and interest shall be paid by the Paying Agent/Registrar by check sent by United States mail, first-class, postage prepaid, to the address of the registered owner, recorded in the Security Register or by such other method acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $_________________ (herein referred to as the “Certificates”) for the purpose of paying contractual obligations to be incurred for (i) constructing, improving and renovating streets, alleys, culverts and bridges, including drainage and erosion control, landscaping, screening walls, curbs, gutters, sidewalks, lighting, signage and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, (ii) constructing, improving and equipping police, fire-fighting and animal control facilities, including the acquisition of vehicles, (iii) constructing, improving and equipping park and recreational facilities, (iv) acquisition and installation of software for the information technology department, (v) constructing, improving and equipping the City’s waterworks and sewer system and the acquisition of rights-of-way therefor, (vi) renovating, improving and equipping existing municipal buildings and (vi) professional services rendered in connection therewith, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, particularly Texas Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an ordinance adopted by the City Council of the City (hereinafter referred to as the “Ordinance”). The Certificates maturing on and after February 15, 2032, may be redeemed prior to their Stated Maturity, at the option of the City, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2031, or on any date thereafter, at the redemption price of par plus accrued interest to the date of redemption. At least thirty (30) days prior to a redemption date, the City shall cause a written notice of such redemption to be sent by United States Mail, first-class, postage prepaid, to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date; provided, moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. With respect to any optional redemption of the Certificates, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, 72 107296889.2/100120361610 such notice may state that said redemption may, at the option of the City, be conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received or such prerequisites are not satisfied, such notice shall be of no force and effect, the City shall not redeem such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Certificates have not been redeemed. In the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within forty-five (45) days of the redemption date; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and are additionally payable from and secured by a lien on and limited pledge of the Surplus Revenues (as described in the Ordinance) of the City’s waterworks and sewer system (the “System”), such lien and pledge, however, being junior and subordinate to the lien on and pledge of the Net Revenues (as defined in the Ordinance) of the System securing the payment of the Prior Lien Obligations (as defined in the Ordinance) currently outstanding or as may hereafter be issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise as well as the right to issue additional obligations payable from the same sources as the Certificates and equally and ratably secured by a parity lien on and pledge of the Surplus Revenues of the System. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the registered owner by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the properties constituting the System; the Net Revenues pledged to the payment of the principal of and interest on the Certificates; the nature, extent, and manner of enforcement of the pledge; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the registered owners; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the liens, pledges, charges, and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding; and, for the other terms and provisions thereof. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying 73 107296889.2/100120361611 Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, may treat the registered owner hereof whose name appears on the Security Register (i) on the Record Date as the owner entitled to the payment of the interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to the payment of the principal hereof at its Stated Maturity, or upon its prior redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented, and covenanted that the City is a duly organized and legally existing municipal corporation under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions, and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened, and have been performed in regular and due time, form, and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates by the levy of a tax and a limited pledge of and lien on the Surplus Revenues of the System as stated above. In case any provision in this Certificate or any application thereof shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF THE COLONY, TEXAS __________________________________ [Mayor][Mayor Pro Tem] COUNTERSIGNED: 74 107296889.2/100120361612 ___________________________________ City Secretary (City Seal) C.Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Certificate(s) Only. REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER § § OF PUBLIC ACCOUNTS §REGISTER NO. § THE STATE OF TEXAS § I HEREBY CERTIFY that this Certificate has been examined, certified as to validity, approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this ____________________________. _________________________________ Comptroller of Public Accounts of the State of Texas (Seal) D.Form of Registration Certificate of Paying Agent/Registrar to Appear on Definitive Certificates Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within - mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The office of the Paying Agent/Registrar in St. Paul, Minnesota, is the Designated Payment/Transfer Office for this Certificate. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, Dallas, Texas as Paying Agent/Registrar Registered this date: 75 107296889.2/100120361613 By: Authorized Signature E.Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________________________________ attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature guaranteed: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F.The Initial Certificate(s) shall be in the form set forth in paragraph (B) of this Section, except that the form of a single, fully-registered Certificate shall be modified as follows: Heading and first paragraph shall be modified as follows: REGISTERED REGISTERED NO. T-1 $_________ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF THE COLONY, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION SERIES 2022 Certificate Date: May 15, 2022 Registered Owner: ____________________________ Principal Amount: ______ MILLION ____ HUNDRED ______ THOUSAND DOLLARS The City of The Colony (hereinafter referred to as the “City”), a body corporate and municipal corporation in the County of Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the registered owner named above, or the registered assigns thereof (the "Registered Owner"), the Principal Amount hereinabove stated, 76 107296889.2/100120361614 on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS ($)RATE (%) (Information to be inserted from Section 2 hereof) (or so much principal thereof as shall not have been redeemed prior to maturity) and to pay interest on the unpaid Principal Amount hereof from the date of the initial delivery of the Certificates at the per annum rates of interest specified above computed on the basis of a 360- day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2023, until maturity or prior redemption. Principal installments of this Certificate are payable on the Stated Maturity dates or on a redemption date to the registered owner hereof by U.S. Bank Trust Company, National Association, Dallas, Texas (the “Paying Agent/Registrar”), upon its presentation and surrender at its designated offices, initially in St. Paul, Minnesota, or, with respect to a successor paying agent/registrar, at the designated office of such successor (the “Designated Payment/Transfer Office”). Interest shall be payable to the registered owner of this Certificate whose name appears on the “Security Register” maintained by the Paying Agent/Registrar at the close of business on the “Record Date”, which is the last business day of the month next preceding the interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent by United States mail, first- class, postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by and at the risk and expense of the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due. Section 10.Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Surplus Revenues therefor, the following definitions are provided: (a)The term “Additional Obligations” shall mean tax and revenue obligations hereafter issued which by their terms are payable from ad valorem taxes and additionally payable from and secured by a lien on and pledge of the Surplus Revenues of the System of equal rank and dignity with the lien and pledge securing the payment of the Certificates. (b)The term “Certificates” shall mean the “City of The Colony, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2022” authorized by this Ordinance. (c)The term “Certificate Account” shall mean the special account created and established under the provisions of Section 11 of this Ordinance. 77 107296889.2/100120361615 (d)The term “Collection Date” shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (e)The term “Fiscal Year” shall mean the twelve month operating period ending on September 30th of each year unless otherwise designated by the City. (f)The term “Government Securities” shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iv) any other then authorized securities or obligations that may be used to defease obligations such as the Certificates under the then applicable laws of the State of Texas. (g)The term “Net Revenues” shall mean all income, revenues and receipts of every nature derived from and received by virtue of the operation of the System (including interest income and earnings received from the investment of moneys in the special funds or accounts created by this ordinance or ordinances authorizing the issuance of additional bonds), after deducting and paying, and making provision for the payment of, current expenses of maintenance and operation thereof, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such expenses for repairs and extensions as in the judgment of the City Council, reasonably and fairly exercised, are necessary to keep the System in operation and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair any obligations payable from Net Revenues of the System shall be deducted in determining “Net Revenues”. Contractual payments for the purchase of water or the treatment of sewage shall be maintenance and operating expenses of the System to the extent provided in the contract incurred therefor and as may be authorized by statute. Depreciation shall never be considered as an expense of operation and maintenance. (h)The term “Outstanding” when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1)those Certificates theretofore canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2)those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 25 hereof by the irrevocable deposit with the Paying Agent/Registrar, or an authorized escrow agent, of money or Government Securities, or both, in the amount necessary to fully pay the principal of, premium, if any, and interest thereon to maturity; and 78 107296889.2/100120361616 (3)those Certificates that have been mutilated, destroyed, lost, or stolen and for which (i) replacement Certificates have been registered and delivered in lieu thereof or (ii) have been paid, all as provided in Section 23 hereof. (i)Reserved. (j)The term “Prior Lien Obligations” shall mean all bonds or other obligations now outstanding and hereafter issued that are payable from and secured by a lien on and pledge of all or any part of the Net Revenues of the System, including but not limited to, (i) all bonds hereafter issued to refund any part of the aforesaid bonds or other obligations listed in this definition if the same are made payable from and secured by a lien on and pledge of the Net Revenues of the System, and (ii) any obligations hereafter issued on a parity (insofar as the revenues of the System are concerned) with such Prior Lien Obligations or refunding bonds issued to refund such obligations if the same are made payable from and secured by a lien on and pledge of the Net Revenues of the System. (k)The term “Surplus Revenues” shall mean available Net Revenues of the System remaining after the payment of all debt service, reserve and other requirements in connection with the City’s revenue bonds or other obligations, now or hereafter outstanding, including but not limited to the Prior Lien Obligations, which are payable from all or any part of such Net Revenues. (l)The term “System” shall mean the City’s existing waterworks and sewer system, including all properties (real, personal or mixed and tangible or intangible) owned, operated, maintained and vested in the City for the supply, treatment and distribution of treated water for domestic, commercial, industrial and other uses, and the collection and treatment of water carried wastes, and future additions, extensions, replacements and improvements thereto. Section 11.Certificate Account. For the purpose of paying the interest on and to provide a sinking fund for the payment and retirement of the Certificates, there shall be and is hereby created a special fund or account to be designated “SPECIAL 2022 COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION ACCOUNT” (the “Certificate Account”), which fund or account shall be maintained on the records of the City and deposited in a special fund maintained at an official depository of the City’s funds, and moneys deposited in said fund or account shall be used for no other purpose. The Mayor, Mayor Pro Tem, City Manager, Director of Finance and City Secretary, any one or more of said officials of the City, are hereby authorized and directed to make withdrawals from said fund or account sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Account (on or prior to a principal and/or interest payment date) an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Account may, at the option of the City, invested in investments authorized by the Public Funds Investment Act, Texas Government Code, Chapter 2256, as amended, and the City’s investment policy; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from said Certificate Account will be available at the proper time or times. All interest and income derived from deposits and investments in the Certificate Account shall be credited to, and any losses debited to, such account. All investments in the Certificate Account shall be sold promptly when necessary to prevent any default in connection with the Certificates. 79 107296889.2/100120361617 Section 12.Tax Levy. To provide for the payment of the “Debt Service Requirements” on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied, within the limitations prescribed by law, for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars’ valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Account. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the City Council shall determine: (1)The amount on deposit in the Certificate Account after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Net Revenues of the System appropriated and allocated to pay such Debt Service Requirements prior to the Collection Date for the ad valorem taxes to be levied. (2)The amount of Surplus Revenues and any other lawfully available revenues which are appropriated and to be set aside during such fiscal year for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding fiscal year. (3)The amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of collecting such annual taxes. Section 13.Pledge of Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues to the payment and security of the Prior Lien Obligations, the Surplus Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the pledge of Surplus Revenues herein made for the payment of the Certificates shall be limited to $1,000 and shall constitute a lien on the Surplus Revenues until such time as the City shall pay all of such $1,000, after which time the pledge shall cease, all in accordance with the terms and provisions hereof and be valid and binding and fully perfected from and after the date of adoption of this Ordinance without physical delivery or 80 107296889.2/100120361618 transfer or transfer of control of the Surplus Revenues, the filing of this Ordinance or any other act; all as provided in Texas Government Code, Chapter 1208, as amended (“Chapter 1208”). Chapter 1208 applies to the issuance of the Certificates and the pledge of the Surplus Revenues of the System granted by the City under this Section 13, and such pledge is therefore valid, effective and perfected. If Texas law is amended at any time while the Certificates are Outstanding such that the pledge of the Surplus Revenues of the System granted by the City under this Section 13 is to be subject to the filing requirements of Texas Business and Commerce Code, Chapter 9, as amended, then in order to preserve to the registered owners of the Certificates the perfection of the security interest in said pledge, the City agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Texas Business and Commerce Code, Chapter 9, as amended, and enable a filing to perfect the security interest in said pledge to occur. Section 14.Revenue Fund. The City hereby covenants and agrees that all revenues derived from the operation of the System shall be kept separate and apart from all other funds, accounts, and moneys of the City, and shall be deposited as collected into the “City of The Colony, Texas, Water and Sewer System Revenue Bonds Revenue Fund” (heretofore created and established in the connection with the issuance of outstanding Prior Lien Obligations and hereinafter called the “Revenue Fund”). All moneys deposited in the Revenue Fund shall be pledged and appropriated to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of the reasonable and proper maintenance and operation expenses of the System as defined herein or required by statute or ordinances authorizing the Prior Lien Obligations to be a first charge on and claim against the revenues of the System. Second: To the payment of all amounts required to be deposited in the special funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: To the payment of the limited amounts required to be deposited in the special funds and accounts created and established for the payment of the Certificates and Additional Obligations. Any Net Revenues remaining in the Revenue Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. Section 15.Deposits to Certificate Account. The City agrees to cause to be deposited in the Certificate Account prior to a principal and interest payment date for the Certificates from the Surplus Revenues in the Revenue Fund, after the deduction of all payments required to be made to the special Funds or accounts created for the payment and security of the Prior Lien Obligations, or from ad valorem taxes or other lawfully available funds, as applicable, any amounts budgeted to be paid from the Certificate Account in such Fiscal Year. Accrued interest and premium, if any, received from the purchaser of the Certificates shall be deposited to the Certificate Account. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Account, 81 107296889.2/100120361619 and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Certificate Account. Section 16.Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. Section 17.Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Account, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, any Holder shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. Section 18.Special Covenants. The City hereby covenants as follows: (i)That it has the lawful power to pledge the Surplus Revenues supporting this issue of Certificates and has lawfully exercised said powers under the Constitution and laws of the State of Texas, including said power existing under Texas Local Government Code, Subchapter C of Chapter 271, as amended, and Texas Government Code, Chapter 1502, as amended. (ii)That other than for the payment of the outstanding Prior Lien Obligations and the Certificates, the Net Revenues are not pledged to the payment of any debt or obligation of the City or of the System. (iii)That other than for the payment of the outstanding Certificates, the Surplus Revenues are not pledged to the payment of any debt or obligation of the City or of the System. (iv)That, as long as any Certificates or any interest thereon remain Outstanding, and the pledge of the Surplus Revenues has not been fully satisfied, the City will not sell, lease, or encumber the System or any substantial part thereof, provided that this covenant shall not be construed to prohibit the sale of such machinery, or other properties or equipment which has become obsolete or otherwise unsuited to the efficient operation of the System. (v)The City recognizes that the purchasers and owners of the Certificates will have accepted them on, and paid a price which reflects, the understanding that interest thereon is excludable from federal income taxation under laws in force at the time the Certificates shall have been delivered. In this connection the City covenants to take no 82 107296889.2/100120361620 action or fail to take any action, which action or failure to act may render the interest on any of such Certificates subject to federal income taxation, particularly pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”), nor shall the City take any action or fail to take any action, which action or failure to act, would have the effect of causing the income derived by the City from the System to become subject to federal income taxation in the hands of the City, whether or not provision shall have been made for the payment of such Certificates. Section 19.Issuance of Additional Obligations. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations and Additional Obligations without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise. Additional Prior Lien Obligations and Additional Obligations, if issued, may be payable, in whole or in part, from Net Revenues (without impairment of the obligation of contract with the holders of Certificates) upon such terms and conditions as the City Council may determine. Additional Obligations, if issued and payable, in whole or in part, from Surplus Revenues (as defined in the same or similar terms as the term Surplus Revenues is defined in this Ordinance), shall not in any event be construed as payable from the Surplus Revenues required by this Ordinance to be budgeted and appropriated for the payment of the Certificates and interest thereon. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Section 20.Sale of the Certificates – Official Statement Approval. Pursuant to a public sale for the Certificates, the bid submitted by _______________ (herein referred to as the “Purchasers”) is declared to be the best bid received producing the lowest true interest cost rate to the City, and the sale of the Certificates to the Purchasers at the price of par plus premium in the amount of $__________ is hereby determined to be in the best interests of the City and is approved and confirmed. Delivery of the Certificates to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. The Initial Certificate shall be registered in the name as provided in the winning bid. Furthermore, the use of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects and such Preliminary Official Statement is hereby deemed "final" as of its date within the meaning and for the purposes of paragraph (b)(1) of Rule 15c2-12 under the Securities and Exchange Act of 1934, as amended. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor, Mayor Pro Tem, City Manager, Director of Finance or City Secretary, any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated May 17, 2022, in the reoffering, sale and delivery of the Certificates to the public. 83 107296889.2/100120361621 The Mayor or Mayor Pro Tem and City Secretary are further authorized to execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content executed by said officials shall be deemed to be approved by the Council and constitute the Official Statement authorized for distribution and use by the Purchasers. Section 21.Notices to Owners - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class, postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given; and, such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Section 22.Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it; and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Certificates held by the Paying Agent/Registrar shall be returned to the City. Section 23.Mutilated, Destroyed, Lost, and Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Certificate, and (b) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Certificate has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Certificate, a new Certificate of the same Stated Maturity and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Certificate has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Certificate, pay such Certificate. Upon the issuance of any new Certificate under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent/Registrar) connected therewith. 84 107296889.2/100120361622 Every new Certificate issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Certificate shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Certificates. Section 24.Covenants to Maintain Tax-Exempt Status of Interest on the Certificates. (a)Definitions. When used in this Section, the following terms shall have the following meanings: “Closing Date” means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. “Code” means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. “Computation Date” has the meaning set forth in Section 1.148-1(b) of the Regulations. “Gross Proceeds” means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. “Investment” has the meaning set forth in Section 1.148-1(b) of the Regulations. “Nonpurpose Investment” means any investment property, as defined in Section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. “Rebate Amount” has the meaning set forth in Section 1.148-1(b) of the Regulations. “Regulations” means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. 85 107296889.2/100120361623 “Yield” of (1)any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2)the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b)Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in Section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c)No Private Use or Private Payments. Except as permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1)exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2)not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d)No Private Loan. Except to the extent permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be “loaned” to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take or pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or 86 107296889.2/100120361624 improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e)Not to Invest at Higher Yield. Except to the extent permitted by Section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f)Not Federally Guaranteed. Except to the extent permitted by Section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of Section 149(b) of the Code and the Regulations and rulings thereunder. (g)Information Report. The City shall timely file the information required by Section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h)Rebate of Arbitrage Profits. Except to the extent otherwise provided in Section 148(f) of the Code and the Regulations and rulings thereunder: (1)The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2)Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in Section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3)As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Account or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be 87 107296889.2/100120361625 required by Section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4)The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i)Not to Divert Arbitrage Profits. Except to the extent permitted by Section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm’s length and had the Yield of the Certificates not been relevant to either party. (j)Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City Manager, and Director of Finance, either or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Section 25.Satisfaction of Obligations of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied and the lien on and pledge of the Net Revenues under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. The Certificates, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (a) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (b) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting or consulting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as “arbitrage bonds” within the meaning of Section 148 of the Code or regulations adopted pursuant thereto. 88 107296889.2/100120361626 Any moneys so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, upon the City’s request, the Paying Agent/Registrar shall remit to the city along with a written receipt, any moneys deposited and held in trust by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates which remain unclaimed for a period of three (3) years after being so deposited and held on the Stated Maturity or applicable redemption date on the Certificates. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. Section 26.Proceeds of Sale. The proceeds of sale of the Certificates, excluding the amounts to pay costs of issuance, shall be deposited in a construction fund maintained at the City’s depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments in accordance with the provisions of Texas Government Code, Chapter 2256, as amended, including guaranteed investment contracts and the City’s investment policies and guidelines, and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Account as shall be determined by the City Council. All surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Account. Section 27.Ordinance a Contract - Amendments. The provisions of this Ordinance shall constitute a contract with the Holders; and, the City shall not amend or repeal any of the provisions of this Ordinance so long as any Certificate remains Outstanding except as permitted in this Section and Section 28 hereof. The City, may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, with the written consent of the registered owner or owners holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, the City may amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition or rescission shall: (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates; (2) give any preference to any Certificate over any other Certificate; or, (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition or rescission. Section 28.Continuing Disclosure Undertaking. (a)Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: “Financial Obligation” means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that “financial obligation” shall not include municipal securities (as defined in the Securities Exchange Act of 1934, as 89 107296889.2/100120361627 amended) as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule. “MSRB” means the Municipal Securities Rulemaking Board. “Rule” means SEC Rule 15c2-12, as amended from time to time. “SEC” means the United States Securities and Exchange Commission. (b)Annual Reports. The City shall provide annually to the MSRB (1) within six months after the end of each fiscal year ending in or after 2022, financial information and operating data with respect to the City of the general type of information contained in Tables 1 through 5 and 7 through 14 in the Official Statement, and (2) within twelve months after the end of each fiscal year ending in or after 2022, audited financial statements of the City. Any financial statements so provided shall be prepared in accordance with the accounting principles described in described in Appendix B to the Official Statement, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation and audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available within 12 months after the end of any fiscal year, the City will provide unaudited financial statements within such twelve month period, and audited financial statements when and if such audited financial statements become available. If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document available to the public on the MSRB’s Internet Web site or filed with the SEC. (c)Notice of Certain Events. The City shall provide notice of any of the following events with respect to the Certificates to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: 1.Principal and interest payment delinquencies; 2.Non-payment related defaults, if material; 3.Unscheduled draws on debt service reserves reflecting financial difficulties; 4.Unscheduled draws on credit enhancements reflecting financial difficulties; 5.Substitution of credit or liquidity providers, or their failure to perform; 6.Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; 7.Modifications to rights of holders of the Certificates, if material; 90 107296889.2/100120361628 8.Certificate calls, if material, and tender offers; 9.Defeasances; 10.Release, substitution, or sale of property securing repayment of the Certificates, if material; 11.Rating changes; 12.Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; 13.The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; 14.Appointment of a successor or additional trustee or the change of name of a trustee, if material; 15.Incurrence of a Financial Obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material; and 16.Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. For these purposes, (a) any event described in the immediately preceding item 12 is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City and (b) the City intends the words used in the immediately preceding items 15 and 16 in this Section to have the same meanings as when they are used in the Rule, as evidenced by SEC Release No. 34-83885, dated August 20, 2018. The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d)Filings with the MSRB. All financial information, operating data, financial statements, notices and other documents provided to the MSRB in accordance with this Section shall be provided in an electronic format prescribed by the MSRB and shall be accompanied by identifying information as prescribed by the MSRB. (e)Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an “obligated person” with respect to the 91 107296889.2/100120361629 Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) of this Section of any Certificate calls and defeasance that cause the City to be no longer such an “obligated person.” The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. Notwithstanding anything herein to the contrary, the provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City’s right to do so would not prevent an underwriter of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided pursuant to subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. 92 107296889.2/100120361630 Section 29.Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts, and the delivery thereof to the Purchaser. Section 30.Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City Manager, Director of Finance and City Secretary are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the City all agreements, instruments, certificates or other documents, whether mentioned herein or not, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance and the issuance, sale and delivery of the Certificates. In addition, prior to the initial delivery of the Certificates, the Mayor, Mayor Pro Tem, City Manager, Director of Finance or Bond Counsel to the City are each hereby authorized and directed to approve any changes or corrections to this Ordinance or to any of the documents authorized and approved by this Ordinance: (i) in order to cure any ambiguity, formal defect or omission in this Ordinance or such other document; or (ii) as requested by the Attorney General of the State of Texas or his representative to obtain the approval of the Certificates by the Attorney General and if such officer or counsel determines that such changes are consistent with the intent and purpose of this Ordinance, which determination shall be final. In the event that any officer of the City whose signature shall appear on any document shall cease to be such officer before the delivery of such document, such signature nevertheless shall be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 31.Bond Counsel’s Opinion. The Purchaser’s obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Norton Rose Fulbright US LLP, Dallas, Texas, approving such Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such Certificates. A true and correct reproduction of said opinion is hereby authorized to be printed on the definitive Certificates or an executed counterpart thereof shall accompany the global Certificates deposited with DTC. The City Council confirms the continuation of the engagement of Norton Rose Fulbright US LLP as the City's bond counsel. Section 32.CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor the attorneys approving said Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. Section 33.Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance. This Ordinance in its entirety is intended to be and is for the sole and exclusive benefit of the City, the Paying Agent/Registrar, and the Holders. Section 34.Inconsistent Provisions. Except as provided in Section 19 hereof, all ordinances, orders, or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. 93 107296889.2/100120361631 Section 35.Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. Section 36.Incorporation of Findings and Determinations. The findings and determinations of the City Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. Section 37.Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 38.Effect of Headings. The Section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 39.Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance or the application thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares that this Ordinance would have been enacted without such invalid provision. Section 40.Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Texas Government Code, Chapter 551, as amended. Section 41.Effective Date. This Ordinance shall take effect and be in force from and after its passage and approval in accordance with the provisions of Texas Government Code, Section 1201.028, as amended. [The remainder of this page is intentionally left blank] 94 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 17TH DAY OF MAY 2022. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary City of The Colony, Texas (City Seal) APPROVED AS TO FORM: Jeff Moore, City Attorney City of The Colony, Texas 95 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT 96 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Tina Stewart Submitting Department: Parks & Recreation Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss, and consider an ordinance adopting the Standards of Care Policy for Day Camp Programs. (Downing) Suggested Action: Attachments: 2022 Standards of Care Memo.pdf 2022 Standards of Care Policy.pdf Ord. 2022-xxx Standards of Care and Ordinance.doc 97 1 City of The Colony Parks & Recreation Memo To: Mayor and City Council From: Andrea DuArte, Recreation Coordinator CC: Troy Powell, City Manager Amber Downing, Recreation Administrative Manager Date: 5/9/2022 Re: Standards of Care for Kidz Kamp Having a standards of care ordinance allows the City to receive an exemption certificate from the Texas Department of Family Protective Services, which states that we are not a licensed day care facility and as a municipal recreation program are not subject to the same rules and regulations as a licensed day care facility. We put together our own Standards of Care policy in 2012 and update it annually. The policy is attached as Exhibit A, along with an ordinance to adopt these Standards of Care. The Standards of Care lay out our minimum operating standards when conducting our Day Camp programs. Currently, Day Camps are conducted 4 times throughout the year (Summer, Spring Break, and during the Thanksgiving and Christmas holidays). Our Standards of Care policy was reviewed by staff in the Child Care Licensing division at the Texas Department of Family and Protective Services in 2012. After their review they stated that our Standards of Care contain everything that they require to receive the exemption certificate. DFPS staff has confirmed for us that nothing within their policy has changed since 2012 and our policy still meets their requirements. As part of the DFPS requirements, the policy must be adopted by City Council on an annual basis in order to maintain our exemption certificate through the Texas Department of Family and Protective Services. If you have any questions, please let me know. Parks & Recreation staff recommends approval of this policy and ordinance as written. 98 City of The Colony Standards of Care for Kidz Kamp Camp Program PURPOSE The following Standards of Care are intended to be minimum standards by which the City of The Colony Parks and Recreation Department will operate the City’s Kidz Kamp day camp program. This program operated by the City of The Colony is recreational in nature and are not licensed by the State of Texas nor operated as day care program. Adoption of these Standards of Care will allow the City to qualify as being exempt from the requirements of the Texas Human Resources Code. General Information/Administration A. Organization 1. The governing body of the City of The Colony Kidz Kamp program is The Colony City Council. 2. Implementation of the Standards of Care for Kidz Kamp is the responsibility of the Community Services Director and Parks and Recreation Department employees. 3. The Standards of Care for Kidz Kamp will apply to any Kidz Kamp program including Holiday Kamp, Spring Break Kamp, and Summer Kamp. 4. The Colony Recreation Center will have available for public review a current copy of the Standards of Care. 5. Parents of participants will be provided access to a current copy of the Standards of Care through the City’s web site. 6. Criminal background checks will be conducted on prospective Kidz Kamp employees, when applicable. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: a. A felony or misdemeanor classified as an offense against a person or family; b. A felony or misdemeanor classified as public indecency c. A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; d. Any offense involving moral turpitude; 99 e. Any offense that is deemed to potentially put the City of The Colony or Kidz Kamp participants at risk. B. Definitions 1. City: City of The Colony. 2. City Council: City Council of the City of The Colony. 3. Department: Parks and Recreation Department. 4. Director: City of The Colony Director of Community Services. 5. Kidz Kamp: City of the Colony youth camp programs held during school holidays. 6. Parent Handbook: Booklet of program policies, procedures, required forms and organizational and programming materials relevant to the Kidz Kamp program. 7. Recreation Coordinator: City of The Colony’s full time programmer who has been assigned administrative responsibility for the City of The Colony’s Kidz Kamp program. 8. Recreation Administrative Manager: Recreation Coordiantor’s supervisor who will handle administrative responsibility for the City of The Colony’s Kidz Kamp program in the Recreation Coordinator’s absence 9. Employee or Counselor: Someone who has been hired to work for the City of The Colony and has been assigned responsibility for managing, administering, or implementing some portion of the City of The Colony’s Kidz Kamp program. 10. Program Site: The Colony Recreation Center or LISD schools. 11. Participant: A youth whose parent(s) have completed all required registration procedures and who has been determined to be eligible for the City of The Colony’s Kidz Kamp. 12. Parent(s): A parent or guardian who has legal custody and authority to enroll a child in the City of The Colony’s Kidz Kamp. C. Inspection/Monitoring/Enforcement 1. The Recreation Coordinator will make visual inspections of the program based on the following schedule: 100 a. Summer Kidz Kamp will be inspected twice during the summer. b. Holiday Kamp (Thanksgiving and Winter) will be inspected once. c. Spring Break Kamp will be inspected once. 2. Complaints regarding enforcement of the Standards of Care will be directed to the Recreation Coordinator. The Recreation Coordinator will be responsible for taking the necessary steps to resolve the problems. Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Coordinator. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Recreation Administrative Manager and the complaint and resolution will be noted. D. Enrollment 1. Before a child can be enrolled, a parent/guardian must sign registration forms that contain the child’s: a. Name, address, home telephone number b. Parent/Guardian’s name, address and telephone numbers during program hours c. Emergency contacts including names and phone number during program hours d. Names and drivers license numbers of people to whom the child may be released e. A statement of the child’s special problems, needs or medical conditions f. Emergency medical authorization g. Permission for field trips h. Liability Waiver E. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Coordinator and Recreation Administrative Manager. The Recreation Administrative Manager will 101 immediately notify the Police Department and any other agency as may b e appropriate. Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. F. Staffing – Responsibilities and Training 1. Recreation Coordinator and Recreation Administrative Manager a. Recreation Coordinator and Recreation Administrative Manager are full- time, professional employees of the City of The Colony Parks and Recreation Department and will be required to have all the same qualifications as outlined in Section F2 b. Recreation Coordinator and Recreation Administrative Manager must meet the minimum education/experience requirements for employment with the City of The Colony to plan and implement recreation activities. c. Recreation Coordinator and Recreation Administrative Manager must be able to pass a background investigation including a test for illegal substances. d. Recreation Coordinator and Recreation Administrative Manager must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. e. Recreation Coordinator is responsible for administering the programs’ daily operations in compliance with the adopted Standards of Care. f. Recreation Coordinator is responsible for hiring, supervising, and evaluating the Kidz Kamp Director, Kidz Kamp Assistant Directors and Kidz Kamp Counselors. g. Recreation Coordinator is responsible for planning, implementing, and evaluating programs. 2. Kidz Kamp Staff a. Program employees include Kidz Kamp Director, Kidz Kamp Assistant Director, and Kidz Kamp Counselors. 102 b. Program employees may be full-time, part-time, or temporary employees of the Parks and Recreation Department. c. Program employees shall be age 16 or older. However, each site will have at least one employee age 18 or older on site at all times. d. Program employees should consistently exhibit competency, good judgment and self control when working with participants. e. Program employees must relate to participants with courtesy, respect, tolerance and patience. f. Program employees must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. g. Program employees must pass a background investigation when applicable, including testing for illegal substances. h. Program employees will be responsible for providing participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social opportunities with their peers. i. Program employees will be responsible to know and adhere to all City, Departmental, and youth program standards as well as policies and procedures that apply to the youth programs. j. Program employees must ensure that participants are only released to a parent or authorized person, designated by the parent or guardian. If a parent wishes their child to sign himself in or out the parent must provide specific, written authorization. 3. Training and Orientation a. The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. b. Program employees will be provided with a staff manual. c. Program employees must be familiar with the Standards of Care for Kidz Kamp program as adopted by the City Council. 103 d. Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outlined in the staff manual. e. Program employees will be trained in appropriate procedures to handle emergencies. f. Program employees will be trained in areas including city departmental program policies, procedures, leading activities, safety issues and organization. g. Program employees will be required to sign an acknowledgement that they have received the required training. G. Operations 1. Staff to Participant Ratio a. The standard ratio of participants to staff is 1:15 based on average daily attendance. In the event a program employee is unable to report to the program site, the coordinator will assign a replacement. b. Program employees are responsible for being aware of the participants’ habits, interests, and special needs as identified by the participants’ parent/guardian during the registration process. 2. Discipline a. Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. b. There will be no cruel treatment or harsh punishment. c. Program employees may use brief, supervised separation from the group if necessary. d. As necessary, program employees will initiate behavior reports to the parents of participants. Parents will be asked to the sign the behavior reports to indicate they have been advised about specific problems or incidents. e. A sufficient number and/or severe nature of a discipline report(s) as indicated in the program manual may result in a participant being suspended from the program. 104 f. In instances where there is a danger to other participants or staff, offending participants will be removed from the program site as soon as possible. 3. Programming a. Program employees will attempt to provide activities for each group according to participants’ age, interests and abilities. The activities will be appropriate to participants’ health, safety and well being. The activities must be flexible and promote the participants emotional, social and mental growth. b. Program employees will attempt to provide indoor and outdoor time periods to include: - Alternating active and passive activities; - Opportunity for individual, small and large group activities, and - Outdoor time each day as weather permits c. Program employees will be attentive and considerate of the participants’ safety on field trips and during any transportation provided by the program. - During trips, program employees must have access to emergency medical forms and emergency contact information for each participant - Program employees must have a written list of participants in the group and must check the roll frequently, specifically before departure to and from location - Program employees must have first aid supplies and emergency care available on field trips. 4. Communications a. Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. b. The Recreation Coordinator will make available the following telephone numbers to all employees at each site: - Emergency services - The Colony Police Department dispatch - Parks and Recreation Department - Poison Control - Numbers at which parents/guardians may be reached 105 - Recreation Coordinator - Telephone and address for the program site itself - Field trip destinations 5. Transportation a. Before a participant can be transported to and from city-sponsored activities, the field trip release statement must be marked by the parent/guardian on the registration form. b. First aid supplies will be available in all program vehicles that transport children. c. All program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. d. Seatbelts must be worn when provided. H. Facility Standards 1. Safety a. Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Supervisor. b. Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. c. Program equipment and supplies should be safe for the participants’ use. d. Program must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of the off -site activity. e. Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. 2. Fire a. In case of fire, danger or fire, explosion or other emergency, program employees’ first priority is to evacuate the participants to a designated safe area. 106 b. Each program site must have at least one fire extinguisher approved by the fire marshal readily available to all program employees. c. All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. 3. Illness or Injury a. A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the program. b. Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. c. Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. d. Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. 4. Medication a. Parent/guardian must complete and sign a medication release that provides authorization for program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the City. b. Prescription medications must be in the original containers labeled with the participants’ name, a date, directions and the physician’s name. The prescribing physician must provide written guidelines. Program employees will administer medication only as stated on the label. Program employees will not administer medication after the expiration date. c. Non-prescription medications are labeled with the participant’s name and the date the medication was brought to the youth program. Non- prescription medication must be in the original container. The program employees will administer medication only according to the label directions and with written parental permission. d. Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. 107 e. Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. 5. Special Needs a. Every reasonable accommodation will be made to address special needs participants. b. For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom if needed. 6. Toilet Facilities a. The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor as needed. b. There must be one flush toilet for every 30 participants. Urinals may be counted in the ratio of toilets to participants, but must not exceed 50% of the total number of toilets. c. An appropriate and adequate number of lavatories will be provided. 7. Sanitation a. Program sites must have adequate light, ventilation, air conditioning and heat. b. The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied in a safe and sanitary matter. c. Employees must see that garbage is removed from buildings daily. 108 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022 - ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ADOPTING DAY CAMP STANDARDS OF CARE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Section 42.041 of the Texas Human Resources Code provides generally that no person may operate a child-care facility or child-placing agency without a license issued by the Texas Departmentof Family and Protective Services.Moreover, Section 42.041(b)(14) of the Texas Human Resources Code provides this statutory requirement does not apply in pertinent part to an elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility; and WHEREAS,the City Council of the City of The Colony, Texas, has determined that the following regulation is necessary in order to protect public health, safety, and welfareof the citizens of the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the City Council hereby adopts day camp Standards of Care to be conducted by the Parks and Recreation Department, a copy of which is attached hereto as Exhibit “A.” SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. This Ordinance shall become effective from and after its date of passage in 109 accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 17TH DAY OF MAY 2022. APPROVED: ___________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: __________________________________ Jeff Moore, City Attorney 110 Exhibit “A” 111 City of The Colony Standards of Care for Kidz Kamp Camp Program PURPOSE The following Standards of Care are intended to be minimum standards by which the City of The Colony Parks and Recreation Department will operate the City’s Kidz Kamp day camp program. This program operated by the City of The Colony is recreational in nature and are not licensed by the State of Texas nor operated as day care program. Adoption of these Standards of Care will allow the City to qualify as being exempt from the requirements of the Texas Human Resources Code. General Information/Administration A. Organization 1.The governing body of the City of The Colony Kidz Kamp program is The Colony City Council. 2.Implementation of the Standards of Care for Kidz Kamp is the responsibility of the Community Services Director and Parks and Recreation Department employees. 3.The Standards of Care for Kidz Kamp will apply to any Kidz Kamp program including Holiday Kamp, Spring Break Kamp, and Summer Kamp. 4.The Colony Recreation Center will have available for public review a current copy of the Standards of Care. 5.Parents of participants will be provided access to a current copy of the Standards of Care through the City’s web site. 6.Criminal background checks will be conducted on prospective Kidz Kamp employees, when applicable. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: a.A felony or misdemeanor classified as an offense against a person or family; b.A felony or misdemeanor classified as public indecency c.A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; 112 d.Any offense involving moral turpitude; e.Any offense that is deemed to potentially put the City of The Colony or Kidz Kamp participants at risk. B. Definitions 1.City: City of The Colony. 2.City Council: City Council of the City of The Colony. 3.Department: Parks and Recreation Department. 4.Director: City of The Colony Director of Community Services. 5.Kidz Kamp: City of the Colony youth camp programs held during school holidays. 6.Parent Handbook: Booklet of program policies, procedures, required forms and organizational and programming materials relevant to the Kidz Kamp program. 7.Recreation Coordinator: City of The Colony’s full time programmer who has been assigned administrative responsibility for the City of The Colony’s Kidz Kamp program. 8.Recreation Administrative Manager: Recreation Coordiantor’s supervisor who will handle administrative responsibility for the City of The Colony’s Kidz Kamp program in the Recreation Coordinator’s absence 9.Employee or Counselor: Someone who has been hired to work for the City of The Colony and has been assigned responsibility for managing, administering, or implementing some portion of the City of The Colony’s Kidz Kamp program. 10.Program Site: The Colony Recreation Center or LISD schools. 11.Participant: A youth whose parent(s) have completed all required registration procedures and who has been determined to be eligible for the City of The Colony’s Kidz Kamp. 12.Parent(s): A parent or guardian who has legal custody and authority to enroll a child in the City of The Colony’s Kidz Kamp. 113 C. Inspection/Monitoring/Enforcement 1.The Recreation Coordinator will make visual inspections of the program based on the following schedule: a.Summer Kidz Kamp will be inspected twice during the summer. b.Holiday Kamp (Thanksgiving and Winter) will be inspected once. c.Spring Break Kamp will be inspected once. 2.Complaints regarding enforcement of the Standards of Care will be directed to the Recreation Coordinator. The Recreation Coordinator will be responsible for taking the necessary steps to resolve the problems. Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Coordinator. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Recreation Administrative Manager and the complaint and resolution will be noted. D. Enrollment 1.Before a child can be enrolled, a parent/guardian must sign registration forms that contain the child’s: a. Name, address, home telephone number b. Parent/Guardian’s name, address and telephone numbers during program hours c. Emergency contacts including names and phone number during program hours d. Names and drivers license numbers of people to whom the child may be released e. A statement of the child’s special problems, needs or medical conditions f. Emergency medical authorization g. Permission for field trips h. Liability Waiver E. Suspected Abuse 114 Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Coordinator and Recreation Administrative Manager. The Recreation Administrative Manager will immediately notify the Police Department and any other agency as may be appropriate. Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. F. Staffing – Responsibilities and Training 1. Recreation Coordinator and Recreation Administrative Manager a. Recreation Coordinator and Recreation Administrative Manager are full- time, professional employees of the City of The Colony Parks and Recreation Department and will be required to have all the same qualifications as outlined in Section F2 b. Recreation Coordinator and Recreation Administrative Manager must meet the minimum education/experience requirements for employment with the City of The Colony to plan and implement recreation activities. c. Recreation Coordinator and Recreation Administrative Manager must be able to pass a background investigation including a test for illegal substances. d. Recreation Coordinator and Recreation Administrative Manager must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. e. Recreation Coordinator is responsible for administering the programs’ daily operations in compliance with the adopted Standards of Care. f. Recreation Coordinator is responsible for hiring, supervising, and evaluating the Kidz Kamp Director, Kidz Kamp Assistant Directors and Kidz Kamp Counselors. g. Recreation Coordinator is responsible for planning, implementing, and evaluating programs. 115 2. Kidz Kamp Staff a. Program employees include Kidz Kamp Director, Kidz Kamp Assistant Director, and Kidz Kamp Counselors. b. Program employees may be full-time, part-time, or temporary employees of the Parks and Recreation Department. c. Program employees shall be age 16 or older. However, each site will have at least one employee age 18 or older on site at all times. d. Program employees should consistently exhibit competency, good judgment and self control when working with participants. e. Program employees must relate to participants with courtesy, respect, tolerance and patience. f. Program employees must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. g. Program employees must pass a background investigation when applicable, including testing for illegal substances. h. Program employees will be responsible for providing participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social opportunities with their peers. i.Program employees will be responsible to know and adhere to all City, Departmental, and youth program standards as well as policies and procedures that apply to the youth programs. j.Program employees must ensure that participants are only released to a parent or authorized person, designated by the parent or guardian. If a parent wishes their child to sign himself in or out the parent must provide specific, written authorization. 3. Training and Orientation a. The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. 116 b. Program employees will be provided with a staff manual. c. Program employees must be familiar with the Standards of Care for Kidz Kamp program as adopted by the City Council. d. Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outlined in the staff manual. e. Program employees will be trained in appropriate procedures to handle emergencies. f. Program employees will be trained in areas including city departmental program policies, procedures, leading activities, safety issues and organization. g. Program employees will be required to sign an acknowledgement that they have received the required training. G. Operations 1. Staff to Participant Ratio a. The standard ratio of participants to staff is 1:15 based on average daily attendance. In the event a program employee is unable to report to the program site, the coordinator will assign a replacement. b. Program employees are responsible for being aware of the participants’ habits, interests, and special needs as identified by the participants’ parent/guardian during the registration process. 2. Discipline a. Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. b. There will be no cruel treatment or harsh punishment. c. Program employees may use brief, supervised separation from the group if necessary. d. As necessary, program employees will initiate behavior reports to the parents of participants. Parents will be asked to the sign the behavior 117 reports to indicate they have been advised about specific problems or incidents. e. A sufficient number and/or severe nature of a discipline report(s) as indicated in the program manual may result in a participant being suspended from the program. f. In instances where there is a danger to other participants or staff, offending participants will be removed from the program site as soon as possible. 3. Programming a. Program employees will attempt to provide activities for each group according to participants’ age, interests and abilities. The activities will be appropriate to participants’ health, safety and well being. The activities must be flexible and promote the participants emotional, social and mental growth. b. Program employees will attempt to provide indoor and outdoor time periods to include: -Alternating active and passive activities; -Opportunity for individual, small and large group activities, and -Outdoor time each day as weather permits c. Program employees will be attentive and considerate of the participants’ safety on field trips and during any transportation provided by the program. -During trips, program employees must have access to emergency medical forms and emergency contact information for each participant -Program employees must have a written list of participants in the group and must check the roll frequently, specifically before departure to and from location -Program employees must have first aid supplies and emergency care available on field trips. 4. Communications a. Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. 118 b. The Recreation Coordinator will make available the following telephone numbers to all employees at each site: -Emergency services -The Colony Police Department dispatch -Parks and Recreation Department -Poison Control -Numbers at which parents/guardians may be reached -Recreation Coordinator -Telephone and address for the program site itself -Field trip destinations 5. Transportation a. Before a participant can be transported to and from city-sponsored activities, the field trip release statement must be marked by the parent/guardian on the registration form. b. First aid supplies will be available in all program vehicles that transport children. c. All program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. d. Seatbelts must be worn when provided. H. Facility Standards 1. Safety a. Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Supervisor. b. Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. c. Program equipment and supplies should be safe for the participants’ use. 119 d. Program must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of the off-site activity. e. Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. 2. Fire a. In case of fire, danger or fire, explosion or other emergency, program employees’ first priority is to evacuate the participants to a designated safe area. b. Each program site must have at least one fire extinguisher approved by the fire marshal readily available to all program employees. c. All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. 3. Illness or Injury a. A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the program. b. Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. c. Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. d. Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. 4. Medication a. Parent/guardian must complete and sign a medication release that provides authorization for program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the City. b. Prescription medications must be in the original containers labeled with the participants’ name, a date, directions and the physician’s name. The 120 prescribing physician must provide written guidelines. Program employees will administer medication only as stated on the label. Program employees will not administer medication after the expiration date. c. Non-prescription medications are labeled with the participant’s name and the date the medication was brought to the youth program. Non- prescription medication must be in the original container. The program employees will administer medication only according to the label directions and with written parental permission. d. Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. e. Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. 5. Special Needs a. Every reasonable accommodation will be made to address special needs participants. b. For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom if needed. 6. Toilet Facilities a. The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor as needed. b. There must be one flush toilet for every 30 participants. Urinals may be counted in the ratio of toilets to participants, but must not exceed 50% of the total number of toilets. c. An appropriate and adequate number of lavatories will be provided. 7. Sanitation a. Program sites must have adequate light, ventilation, air conditioning and heat. 121 b. The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied in a safe and sanitary matter. c. Employees must see that garbage is removed from buildings daily. 122 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, 459th Judicial District Court, Travis County, Texas. B. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 123 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. . Any action as a result of executive session regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. D-1-GN-21-006079, 459th Judicial District Court, Travis County, Texas. B. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 124