HomeMy WebLinkAbout2022 0621Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Kimberly Thompson
Submitting Department: Fire
Item Type: Presentation
Agenda Section:
Subject:
THR-Plano EMS Provider of the Year Award (Thompson)
Suggested Action:
Attachments:
4
Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Jackie Kopsa
Submitting Department: Parks & Recreation
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation recognizing July as Parks and Recreation Month
Suggested Action:
Attachments:
Parks Proclamation.doc
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Designation of July as Park and Recreation Month
WHEREAS parks and recreation programs are an integral part of communities
throughout this country, including The City of The Colony; and
WHEREAS our parks and recreation are vitally important to establishing and
maintaining the quality of life in our communities, ensuring the health of all citizens, and
contributing to the economic and environmental well-being of a community and region;
and
WHEREAS parks and recreation programs build healthy, active communities that aid in
the prevention of chronic disease, provide therapeutic recreation services for those who
are mentally or physically disabled, and also improve the mental and emotional health
of all citizens; and
WHEREAS parks and recreation programs increase a community’s economic prosperity
through increased property values, expansion of the local tax base, increased tourism,
the attraction and retention of businesses, and crime reduction; and
WHEREAS parks and recreation areas are fundamental to the environmental well-being
of our community; and
WHEREAS parks and natural recreation areas improve water quality, protect
groundwater, prevent flooding, improve the quality of the air we breathe, provide
vegetative buffers to development, and produce habitat for wildlife; and
WHEREAS our parks and natural recreation areas ensure the ecological beauty of our
community and provide a place for children and adults to connect with nature and
recreate outdoors; and
WHEREAS the U.S. House of Representatives has designated July as Parks and
Recreation Month; and
WHEREAS the City of The Colony recognizes the benefits derived from parks and
recreation resources
NOW THEREFORE, BE IT RESOLVED BY The Colony City Council that July is
recognized as Park and Recreation Month in the City of The Colony, Texas.
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(Add sections for official seal, signature(s) and date.)
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Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
8
Agenda Item No:1.8
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 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:
9
Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Presentation
Agenda Section:
Subject:
Receive a presentation and update from the Lewisville Independent School District over The Colony High
School's IncubatorU program. (Perez)
Suggested Action:
Attachments:
10
Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
11
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Special Session meeting minutes from June 6, 2022, Regular Session
meeting minutes from June 7, 2022 and Special Session meeting minutes from June 13, 2022. (Stewart)
Suggested Action:
Attachments:
June 6, 2022 Special Session Board Interview DRAFT Minutes.doc
June 7, 2022 DRAFT Minutes.docx
June 13, 2022 Special Session Board Interviews DRAFT Minutes.doc
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MINUTES OF CITY COUNCIL SPECIAL SESSION
HELD ON
JUNE 6, 2022
The Special Session of the City Council of the City of The Colony, Texas, was called to order at
6:30 p.m. on the 6
th day of June 2022, at City Hall, 6800 Main Street, The Colony, Texas, with
the following roll call:
Richard Boyer Mayor Present
Judy Ensweiler Councilmember Present
Robyn Holtz Councilmember Present
Brian Wade Deputy Mayor Pro Tem Present
David Terre Councilmember Absent (Personal)
Perry Schrag Councilmember Present
Joel Marks Mayor Pro Tem Present
In addition, with 6council members present,a quorum was established and thefollowing items were
addressed:
1. Call to Order – Mayor Boyer called the meeting to order at 6:30 p.m.
2. City Council to conduct interviews for appointments to the following advisory boards:
Board of Adjustment, Community Development Corporation, Economic
Development Corporation and Planning and Zoning Commission
Executive Session was convened at 6:31 p.m.
Executive Session:
3. The City Council shall convene into closed executive session pursuant to Section
551.074 of the Texas Government Code to conduct interviews and to deliberate the
appointment, evaluation, reassignment, or duties of the following advisory boards:
Board of Adjustment, Community Development Corporation, Economic
Development Corporation and Planning and Zoning Commission
Regular Session was reconvened at 8:46 p.m.
Executive Session Action:
4. Any action as a result of executive session regarding the appointment, evaluation,
reassignment, or duties of the following advisory boards:
Board of Adjustment, Community Development Corporation, Economic
Development Corporation and Planning and Zoning Commission
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Motion to reassign Victor Williams to Place 2 and Michelle Potts to Alternate 1 on the Board of
Adjustment Advisory Board- Marks; second by Ensweiler, motion carried with all ayes.
Motion to reappoint Dean Byers to Place 1 and Connie Yahwak to Place 5 on the Board of
Adjustment Board- Marks; second by Ensweiler, motion carried with all ayes.
Motion to reappoint Dan Mahle to Place 1 and Kathy Braby to Place 3 on the Community
Development Corporation Advisory Board-Wade; second by Marks, motion carried with all ayes.
Motion to reappoint Shannon Hebb to Place 2and Karen Hames to Place 7onthePlanning and
Zoning Commission Advisory Board- Ensweiler; second by Holtz, motion carried with all ayes.
Adjourn
With no further business to discuss the meeting was adjourned at 8:51 p.m.
APPROVED:
________________________________
Richard Boyer, Mayor
City of The Colony
ATTEST:
____
Tina Stewart, TRMC, CMC, City Secretary
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
June 7, 2022
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:31 p.m. on the 7
th day of June 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, Deputy Mayor Pro Tem
David Terre, Councilmember
Perry Schrag, Councilmember
Joel Marks, Mayor Pro Tem
Present
Present
Present
Present
Absent (Personal)
Present
Present
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 6:31 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 Items of Community Interest
1.5.1 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
15
City Council – Regular Meeting Agenda
June 7, 2022
Page| 2
3.0 WORK SESSION
3.1 Receive a status update on The Colony’s short-term rental HOT tax collection
program implementation
Deputy City Manager, Joe Perez, provided an update to Council on this item. Mr.
Perez stated the project is ongoing at this time. GovOS is working with vendors on
testing options. Staff will meet to discuss the proposed ordinance and policy
measures to bring before Council for final approval.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Items 4.7
and 4.9- Marks; second by Wade, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for May 17,
2022.
4.2 Consider approving Council expenditures for April 2022.
4.3 Consider approving a resolution authorizing the City Manager to deny Oncor
Electric Delivery Company LLC’s requested rate change.
RESOLUTION NO. 2022-029
4.4 Consider approving a resolution authorizing the Mayor to amend the authorized
representative to Texpool.
RESOLUTION NO. 2022-030
4.5 Consider approving an ordinance budget amendment to increase the approved
Fiscal Year 2021-22 General Fund budget by $50,100.00 for additional Building
Code and Energy Code Plan Reviews and Building Inspection Services to be
performed by Building Code Consulting Services, LLC.
ORDINANCE NO. 2022-2479
4.6 Consider approving a resolution authorizing the City Manager to execute Contract
Amendment #2 in the amount of $50,100.00 with Building Code Consulting
Services, LLC., for additional Building Code and Energy Code Plan Review and
Building Inspection Services.
RESOLUTION NO. 2022-031
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City Council – Regular Meeting Agenda
June 7, 2022
Page| 3
4.7 Consider approving a resolution authorizing the City Manager to execute a
Construction Services Contract in the amount of $237,432.00 with Roadway
Solutions, Inc. for the North Colony Boulevard Pedestrian Hybrid Beacon Project.
Motion to approve- Marks; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2022-032
4.8 Consider approving a resolution authorizing the City Manager to execute an
Engineering Services Contract in the amount of $186,900.00 with HDR
Engineering Inc. to prepare construction plans and specifications for the
Wastewater Pipe Crossing Replacement at Office Creek Channel and adding a
Wastewater Pipe Creek Crossing near Reagan Place.
RESOLUTION NO. 2022-033
4.9 Consider approving a resolution authorizing the City Manager to execute
Engineering Services Contract Amendment #1 in the amount of $187,070.00 with
Birkhoff, Hendricks & Carter, L.L.P., for the Squires Drive 8-inch Waterline
Replacement and Vaden Street 8-inch Waterline Extension.
Motion to approve the amended amount of $119,290.00 not to exceed $187,070.00- Marks;
second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2022-034
4.10 Consider approving a resolution authorizing the City Manager to execute a
Professional Services Agreement with Team One Integration, LLC, in the amount
of $73,800.00 for design of equipment foundation, electrical instrumentation and
control for onsite Hypochlorite Generation and Disinfectant Control System project
for water towers at 5260 North Colony and 5033 Clover Valley.
RESOLUTION NO. 2022-035
4.11 Consider approving a resolution authorizing the City Manager to execute a
Professional Services Agreement with Team One Integration, LLC, for electrical
instrumentation and control upgrades in the amount of $239,100.00 to include
construction services of the water distribution facilities rehabilitation for Pump
Station 2.
RESOLUTION NO. 2022-036
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City Council – Regular Meeting Agenda
June 7, 2022
Page| 4
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider an ordinance regarding a Site Plan application for "The
Lancaster", an approximately 418-unit multi-family development on an
approximately 18 acre tract of land located east and northeast of the northeast
intersection of Plano Parkway and Windhaven Parkway within the Austin Ranch
Planned Development (PD22).
Development Services Director, Isaac Williams, presented the proposed ordinance
to Council. Mr. Williams stated the applicant’s request is to construct two multi-
family buildings known as "The Lancaster" located east of the northeast
intersection of Plano Parkway and Windhaven Parkway. Mr. Williams reviewed
the land use analysis, landscaping, amenities, elevations and parking. The
Development Review Committee finds the proposed site plan meets the
requirements of the Zoning Ordinance. On May 24, 2022, the Planning and Zoning
Commission voted 5-0 to recommend approval of the proposed site plan.
Tom Holland, Vice President of Development at Billingsley Company, 1722 Routh
Street, Dallas, spoke in support of the proposed site plan.
Motion to approve- Marks; second by Holtz, motion carried with all ayes.
ORDINANCE NO. 2022-2480
5.2 Discuss and consider a resolution approving a Private Transfer Agreement (Grant
by Special Warranty Deed) by and between The Colony Local Development
Corporation and 121 Acquisition Company, LLC, conveying Lot 4R1, Block H,
Grandscape Addition, Phase II, an addition to the City of The Colony, Denton
County, Texas.
Executive Business Liaison, Jeremie Maurina provided an overview of the
proposed resolution and agreement including the general location and conditions.
Motion to approve- Marks; second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2022-037
Executive Session was convened at 7:05 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
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City Council – Regular Meeting Agenda
June 7, 2022
Page| 5
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 8:32 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 8:34 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
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MINUTES OF CITY COUNCIL SPECIAL SESSION
HELD ON
JUNE 13, 2022
The Special Session of the City Council of the City of The Colony, Texas, was called to order at
6:30p.m. on the 13th day of June2022, at City Hall, 6800 Main Street, The Colony, Texas, with
the following roll call:
Richard Boyer Mayor Present
Judy Ensweiler Councilmember Present
Robyn Holtz Councilmember Present
Brian Wade Deputy Mayor Pro Tem Absent (Business)
David Terre Councilmember Absent (Personal)
Perry Schrag Councilmember Present
Joel Marks Mayor Pro Tem Present
In addition,with 5council members present,a quorum was established and thefollowing items were
addressed:
1. Call to Order – Mayor Boyer called the meeting to order at 6:30 p.m.
2. City Council to conduct interviews for appointments to the following advisory boards:
Board of Adjustment, Community Development Corporation, Economic
Development Corporation, Keep The Colony Beautiful, Library and
Technologies
Executive Session was convened at 7:50 p.m.
Executive Session:
3. The City Council shall convene into closed executive session pursuant to Section
551.074 of the Texas Government Code to conduct interviews and to deliberate the
appointment, evaluation, reassignment, or duties of the followingadvisory boards:
Board of Adjustment, Community Development Corporation, Economic
Development Corporation and Planning and Zoning Commission
Regular Session was reconvened at 9:45 p.m.
Executive Session Action:
4. Any action as a result of executive session regarding the appointment, evaluation,
reassignment, or duties of the following advisory boards:
Board of Adjustment, Community Development Corporation and Economic
Development Corporation
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Motion to reassign Randy Dull to Place 2 and appoint Wes BledsoetoPlace 7 on the Community
Development Corporation Advisory Board-Schrag; second by Ensweiler, motion carried with all
ayes.
Motion to reappoint Tom Tvardzik to Place 3 to the Economic Development Corporation Advisory
Board- Schrag; second by Holtz, motion carried with all ayes.
5. Discuss and consider the appointment, evaluation, reassignment, or duties of the
following boards:
Keep The Colony Beautiful, Library and Technologies
Motion to reappoint Sandi Gehrke to Place 1, Jan Partin to Place 2, Maggie Heermans to Place 3
and Sarah Fried to Place 7 on the Library Board- Ensweiler; second by Marks, motion carried
with all ayes.
Adjourn
With no further business to discuss, the meeting was adjourned at 9:49 p.m.
APPROVED:
________________________________
Richard Boyer, Mayor
City of The Colony
ATTEST:
____
Tina Stewart, TRMC, CMC, City Secretary
21
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: David Swain
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Memorandum of Understanding with
24 Sports, LLC for funding the renovation of three infields at The Colony Five Star Complex. (Kopsa)
Suggested Action:
Parks & Recreation staff recommends approval of this item.
Attachments:
The Colony - MOU Memo - 24 Sports LLC.pdf
The Colony - MOU - 24 Sports LLC - Executed by L'Erin.pdf
CITY OF THE COLONY 5 STAR COMPLEX_2022_A.doc
Res. 2022-xxx 24 Sports LLC MOU.doc
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1
City of The Colony Parks & Recreation
Memo
To: Mayor and Council
From: Jackie Kopsa, Community Services Director
CC: Troy Powell, City Manager
Brant Shallenburger, Deputy City Manager
Date: 6/9/2022
Re: MOU for Five Star Baseball Infield Improvements
In September of 2020 our Park Maintenance staff contracted with MasterTurf Products and Service,
Inc. to replace the clay infields on 3 baseball fields at the Five Star Complex with a new product called
MasterSeal Infield Mix and Conditioner. This products intended purpose is to create better drainage
after rain events, which then should help to reduce rainouts from wet conditions. Since the product was
installed, staff and users have both been very pleased with the performance of the product. We have in
fact had far fewer rainouts on the fields that have the new infield material.
The new product has been so successful for us that earlier this year our local baseball provider, 24
Sports, LLC, approached the department about the possibility of paying for three additional fields to
have the same product installed. The attached Memorandum of Understanding between the City and
24 Sports is a result of those discussions. The key components of the agreement are as follows –
In exchange for paying up to $40,000 for three additional infield renovations, 24 Sports will
receive a 25% discount on 2022, 2023, 2024 and/or 2025 tournament rental rates until 50% of
the final project cost (not to exceed $20,000) has been recouped by 24 Sports.
We calculated that 24 Sports spent $28,850 in field rental fees with the City in 2021 (nearly
$29,000 so far already in 2022 through June 5). That would equate to savings of approximately
$7,200 a year and would allow 24 Sports to recoup 50% of the project cost in approximately 3
years (or less).
We see this as a mutually beneficial venture as reduced rainouts at the complex result in more
successful league and tournament play for the user group, and less work trying to get fields
playable each time it rains for Park Maintenance staff. Additionally it accelerates the speed at
which the fields can be renovated and improved from a budgetary standpoint. If this proj ect
happens there will be just 1 remaining field at Five Star to be improved, and staff will plan for that
project in upcoming budgets.
Parks and Recreation staff recommends approval of this item. If you have questions, please feel
free to reach out to me in advance to discuss.
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (the “MOU”) is entered into as of the ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ day
of , 2022, by and between the CITY OF THE COLONY, TEXAS,
a Texas home-rule municipality (the “City”) and 24 SPORTS, LLC, a Texas limited liability
company (the “Developer”) regarding the resurfacing of three (3) baseball field infields at The
Colony Five Star Complex, located within the City of The Colony, Texas:
WHEREAS, the Developer has partnered with the City’s Parks and Recreation
Department to provide youth baseball services through league and tournament play at The
Colony Five Star Complex, located within the City of The Colony, Texas (hereinafter referred to
as the “Five Star Complex”). Further, this partnership began in the Fall of 2021; and
WHEREAS, the Developer and City agree that the purpose of this MOU is to outline an
agreement between the City and Developer where Developer will provide funding for the
resurfacing of three (3) baseball field infields (tan field, white field and gray field) at the Five
Star Complex by MasterTurf Products and Service, Inc.; and
NOW, THEREFORE, for and in consideration of the agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City and Developer agree as follows:
SECTION 1.FINDINGS INCORPORATED.
The foregoing recitals are hereby incorporated into the body of this MOU and shall be
considered part of the mutual covenants, consideration and promises that bind the parties.
SECTION 2.DEVELOPER’S OBLIGATIONS.
Developer covenants and agrees with City that, while this MOU is in effect, it shall
comply with the following terms and conditions:
(a)Developer agrees to redevelop three (3) baseball field infields at The Colony Five Star
Complex as directed by the City as follows:
(1)On each of the three (3) baseball field infields, till-in 270 lbs. of Masterseal
Conditioner, semi-grade, install 25-75 tons of Masterseal Infield Mix, repair home
plate and pitching mound areas with clay bricks and laser grade entire infield dirt
area.
(2)Upon the execution of this MOU, Developer will work with the City on a
schedule to complete the work at the earliest possible time. Once the project has
begun, the City’s Parks and Recreation Department maintenance staff will submit
a weekly report to the Developer which outlines the work completed that week
and an estimation of the time frame for completion of work, until the project is
completed. When the project has been completed, a walk through and inspection
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will be conducted with the City’s Parks and Recreation Department staff, the
Developer, and staff from MasterTurf Products and Service, Inc.
(b)The project authorized by this MOU is estimated to cost Forty Thousand and No/100
Dollars ($40,000.00). Funding for this project, not to exceed $40,000, will be provided
by the Developer. Prior to the project beginning, Developer will pay to the City the sum
of Twenty Thousand and No/100 Dollars ($20,000.00). The remaining balance of
Twenty Thousand and No/100 Dollars ($20,000.00) will be paid by Developer to City
within fourteen (14) days of the completion of the project (based on the actual cost billed
when the project is complete).
SECTION 3.CITY’S OBLIGATIONS.
City covenants and agrees with Developer that, while this MOU is in effect, it shall
comply with the following terms and conditions:
(a)In consideration of the Developer providing the funding as required by Section 2(b) of
this MOU, City agrees the Developer shall receive a twenty-five percent (25%) discount
on 2022 (remaining events), 2023, 2024 and/or 2025 tournament rental rates until fifty
percent (50%) of the final project cost ($20,000.00) has been recouped by the Developer.
In 2021, Developer spent $28,850 in field rental fees with the City. That would equate to
savings of approximately $7,200 a year and would allow Developer to recoup fifty
percent (50%) of the project cost in approximately three (3) to four (4) years.
SECTION 4.MISCELLANEOUS PROVISIONS.
The following miscellaneous provisions are a part of this MOU:
(a)Amendments. This MOU constitutes the entire understanding and agreement of the
parties as to the matters set forth in this MOU. No alteration of or amendment to this
MOU shall be effective unless given in writing and signed by the party or parties sought
to be charged or bound by the alteration or amendment.
(b)Applicable Law and Venue. This MOU shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Denton County, Texas. Venue for any action arising under
this MOU shall lie in the state district courts of Denton County, Texas.
(c)Assignment. This MOU may not be assigned without the express written consent of the
other party.
(d)Binding Obligation. This MOU shall become a binding obligation on the signatories
upon execution by all signatories hereto. Developer warrants and represents that the
individual or individuals executing this MOU on behalf of Developer has full authority to
execute this MOU and bind Developer to the same. The City warrants and represents that
the individual executing this MOU on its behalf has full authority to execute this MOU
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and bind it to the same.
(e)Caption Headings. Caption headings in this MOU are for convenience purposes only
and are not to be used to interpret or define the provisions of the MOU.
(f)Counterparts. This MOU may be executed in one or more counterparts, each of which
shall be deemed an original and all of which shall constitute one and the same document.
(g)Duration; Term of MOU. This MOU shall become effective upon the Effective Date
and will remain in effect until modified or terminated by mutual consent of the parties. In
the absence of mutual consent of the parties, this MOU shall terminate on December 31,
2025.
(h)Effective Date. The effective date (the “Effective Date”) of this MOU shall be the date of
the latter to execute this MOU by and between the City and Developer.
(i)Notices. Any notice or other communication required or permitted by this MOU
(hereinafter referred to as the “Notice”) is effective when in writing and (i) personally
delivered either by facsimile (with electronic information and a mailed copy to follow) or
by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service,
postage prepaid, certified with return receipt requested, and addressed as follows:
To the City:City of The Colony
Troy C. Powell, City Manager
6800 Main Street
The Colony, Texas 75056
Telephone: (972) 625-1756
Email: tpowell@thecolonytx.gov
To the Developer:24 Sports, LLC
L’Erin Hampton, Owner
3908 Cedar Ridge Ct
The Colony, TX 75056
Telephone: (469) 463-4199
Email: lh@play24sports.com
(j)Severability. If a court of competent jurisdiction finds any provision of this MOU to be
invalid or unenforceable as to any person or circumstance, such finding shall not render
that provision invalid or unenforceable as to any other persons or circumstances. If
feasible, any such offending provision shall be deemed to be modified to be within the
limits of enforceability or validity; however, if the offending provision cannot be so
modified, it shall be stricken and all other provisions of this MOU in all other respects
shall remain valid and enforceable.
(k)Time is of the Essence. Time is of the essence in the performance of this MOU.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly
executed.
CITY:
CITY OF THE COLONY, TEXAS,
A Texas home-rule municipality
By:______________________________
Troy C. Powell, City Manager
Date:______________________________
ATTEST:
ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ
Tina Stewart, City Secretary
DEVELOPER:
24 SPORTS, LLC,
a Texas limited liability company
ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ
Name: ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ
Title: ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ
Date: ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 6/9/2022
L'Erin Hampton
President
27
MasterTurf Products and Service, Inc.
1852 Norwood Plaza Suite 201 Hurst, TX 76054 Office ● (817) 494-3222 ● Cell (817) 929-0166 ● Fax (817) 494-3322
January 7, 2022
David Gibson
City of The Colony
6800 Main St.
The Colony, TX 75056
Dear David,
The following information is being provided as requested per our meeting and conversations, regarding
your Baseball and Softball Fields at The Colony 5 Star Complex: BuyBoard Contract #611-20
BASEBALL - TAN
Description Price_____ _______
Scope of Work: Till-in 270 lbs. of Masterseal Conditioner, Semi-grade, Install $ 11,200 - 13,995.00
50-75 tons of Masterseal Infield Mix, Repair Homeplate and Pitching Mound
areas with Clay Bricks and Laser Grade entire Infield dirt area.
BASEBALL - WHITE
Description Price____ ________
Scope of Work: Till-in 270 lbs. of Masterseal Conditioner, Semi-grade, Install $ 11,200 - 13,995.00
50-75 tons of Masterseal Infield Mix, Repair Homeplate and Pitching Mound
areas with Clay Bricks and Laser Grade entire Infield dirt area.
SOFTBALL - GRAY
Description Price__ __________
Scope of Work: Till-in 270 lbs. of Masterseal Conditioner, Semi-grade, Install $ 8,520 - 11,315.00
25-50 tons of Masterseal Infield Mix, Repair Homeplate and Pitching Mound
areas with Clay Bricks and Laser Grade entire Infield dirt area.
Price is subject to change due to freight and fuel surcharge increases. (pricing good thru 1/31/22)
Should more Masterseal Infield mix be needed in order to level the field properly, the cost would be on a
per ton basis. This cannot be determined until we start spreading the infield mix. You will only be billed
for Infield Mix shipped, if we deliver less material than quoted above.
All sprinkler heads need to be identified around areas being worked on, along with entering and
exiting the field.
Should you have any questions, feel free to contact me at your convenience.
28
Sincerely,
Stan Standridge, Jr
MasterTurf Products and Service, Inc.
29
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 MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF THE COLONY AND 24 SPORTS,
LLC, FOR THE RESURFACING OF THREE (3) BASEBALL
FIELD INFIELDS AT THE COLONY FIVE STAR COMPLEX;
AND ATTACHING THE APPROVED FORM OF SAID
MEMORANDUM OF UNDERSTANDING AS EXHIBIT “A”; AND
PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
approves the Memorandum of Understanding for the purpose of resurfacing three (3)
baseball field infields at The Colony Five Star Complex.
Section 2.That a true and correct copy of the Memorandum of Understanding
is attached hereto and incorporated herein, as Exhibit “A”.
Section 3.That the City Manager is authorized to enter into Memorandum of
Understanding with 24 Sports, LLC., on behalf of the city.
Section 4.That this resolution shall take effect immediately from and after its
adoption and it is so resolved.
PASSED, APPROVED, AND EFFECTIVE BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS, THIS 21ST DAY OF JUNE 2022.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
30
APPROVED AS TO FORM:
______________________________________
Jeff Moore, City Attorney
31
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract in
the amount of $ 155,600.00 with Halff Associates, Inc. for the Shoal Creek Drive and Stewart Creek Golf
Course Drainage Project. (Hartline)
Suggested Action:
Background:
During a recent heavy rain event, street flooding occurred in front of two residential homes located at 3821 and
3825 Shoal Creek Dr. The water overtopped the curb on the street and drained between the homes at these
addresses during the rain event. Engineering performed a preliminary investigation of the storm drainage
system and has determined that the solution will likely require upsizing the inlet and storm drain laterals in front
of the homes, removing sediment from an existing pond on the Stewart Creek Golf Course and rebuilding a
drop structure downstream of the pond.
In addition to the flooding problem on Shoal Creek, a second larger pond at the Stewart Creek Golf Course
overflowed during the same rain event and drained across a fairway area as the water drained to the lake. The
operator of the course indicated that this happens frequently during heavy rains and damages the course. He
asked if the overflow pipe for the second pond could be upsized to handle these storm flows to help prevent
damage to the course. At the direction of city management, engineering will evaluate the design of the overflow
pipe with this project since it is a part of the same drainage system. A Site Location Map and site photos of the
areas of concern are attached.
The project will be funded using approved 2021-2022 CIP funding. The project will include an analysis of the
existing drainage system, modeling of the storm drainage system and ponds, surveying, a geotechnical
investigation, coordination with USACE, environmental services, preparing construction plans and
specifications and construction management services. A financial summary for the project is attached for
review.
Recommendation:
Staff recommends approval of the Engineering Services Contract with Halff Associates, Inc. for the Shoal
Creek Dr. and Stewart Creek Golf Course Drainage Project.
Attachments:
Location Map
32
Financial Summary
Scope of Work
Photo 1
Photo 2
Photo 3
Photo 4
Photo 5
Photo 6
Res. 2022-xxx Engineering Services Contract - Halff Associates, Inc.doc
33
2 1 "
60"18"72"4 2 "24"48"27"51"33"36"3 0 "18"30"1 8 "24"2 1 "18"18"24"18"
18"21"18"
4 2 "48"S h o a l C r e e k
StewartH ar b or
Cypress CoveSt Andrews Pebbl
e BeachTerraceHampton
Westway
Cottonwood Springs
µLocation MapShoal Creek Drive and Stewart Creek Golf Course Drainage Project
Existing storm drain outfall into pond
Pond to be dredged
Drop structure
Area of Golf Course that floo dsduring large storm events
Discharge pipe that needs to be upsized
Flooding in street and between homes
34
FINANCIAL SUMMARY:
Are budgeted funds available: Yes Amount budgeted/available: $ 400,000.00
Fund(s) (Name and number): Fund 710-669-6421 Project Number 2273
Source of Funds: 2021-2022 Storm Water Utility Funds
Cost of recommended contract award: $ 155,600.00
Total estimated project cost:
$ 155,600.00 Engineering Already authorized Yes No
$ 155,600.00 Total estimated costs
35
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 – ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING AN ENGINEERING SERVICES
CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND
HALFF ASSOCIATES, INC. FOR THE SHOAL CREEK DRIVE AND
STEWART CREEK GOLF COURSE PROJECT; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City and Consultant have entered into an Engineering Services Contract
for the Shoal Creek Drive and Stewart Creek Golf Course 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 $155,600.00 for such work with funding from the Lake Parks Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The Engineering Services Contract, which is attached hereto and incorporated
herein as Exhibit "A", having been reviewed by the City Council of the City of The Colony,
Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the
same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the
City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its adoption and
it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 21ST DAY OF JUNE 2022.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
50
ATTEST:
_______
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
51
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving an ordinance budget amendment to increase the approved Fiscal Year
2021-2022 Utility Budget in the amount of $281,000 for sludge hauling. (Whitt)
Suggested Action:
Wastewater is in the process of getting setup to do it's own sludge hauling. Estimate costs saving of $150,000
annually.
Attachments:
Ord. 2022-xxxx 2021-22 Wastewater Sludge Budget Amendment.doc
52
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022 - ________
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 UTILITY 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 Utility Fund budget by $281,000 for sludge hauling.
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 Utility 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
53
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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 Utility Fund budget is to be increased by an amount not to exceed $281,000.
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.
54
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 21ST DAY OF JUNE 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
55
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider a resolution authorizing the City Manager to accept the proposal from USP Technologies
in the amount of $126,000.00 for full-service hydrogen peroxide supply at the Indian Creek Lift Station to reduce
odors and corrosion in the wastewater collection system. (Stovall)
Suggested Action:
$1400 monthly maintenance x 12 months = $16.8k per year.
$50 Gallons per day x $5.98 gallon x 365 days/year = $109k per year.
One time mobilization fee $11k.
So 1st year cost is $137k. Every year after that is $126k per year.
Attachments:
USP Technologies Odor Control Proposal for Indian Creek.pdf
5.2 Res. 2022-xxx USP Technologies Proposal.docx
56
June 3rd, 2022
Daemeon Stovall
Wastewater Manager Stewart Creek WWTP
The Colony
7500 Forrest Dr.
The Colony, TX 75056
RE: Full-Service 50% Hydrogen Peroxide (H2O2) Proposal
Dear Daemeon,
USP Technologies (USP) is pleased to provide our proposal for full-service hydrogen peroxide
(H2O2) supply to The Colony for use at the Indian Creek Lift Station for control of H2S, thus
reducing odors and corrosion in the wastewater collection system . This proposal is for an
ongoing odor control program. In 2017, USP conducted a 90 day pilot program in which a dose
rate of 50 gallons per day of 50% hydrogen peroxide adequately treated the odors caused by
H2S. While the pilot proved to be a success, the City did not have the funding to move forward
at the time. The City recently reached out to USP to ask for an updated proposal for an ongoing
full service odor control program utilizing hydrogen peroxide. Below is the requested updated
proposal for a full service odor control program. The following proposal includes the supply of
50% hydrogen peroxide, hydrogen peroxide storage and dosing equipment, remote tank
monitoring, product inventory management, equipment start -up & maintenance, applications
support and product safety training.
Due to the initial amount of time that has passed since the initial pilot was run in early 2017,
USP would require the beginning of the program be focused on confirming the correct feed rate.
Although USP anticipates a feed rate of 50 gallons per day, many factors including and not
limited to wastewater flow rates may have varied significantly over the past 5 years and a new
dose rate may be required to still achieve the odor control goals.
Scope
USP Technologies proposes to provide one (1) USP-3000 H2O2 system including storage
vessel and metering system for use during the contract period. The systems consist of the
following:
USP-3000 H2O2 Storage and Dosing System (or similar system may be used)
57
Fully outfitted double-walled storage tank.
The nominal tank capacity is 3000 gallons.
The internal tank is of heavy-duty, linear
high-density polyethylene, and the external
tank is HDPE, sized to provide 110%
containment capacity. Each unit comes
equipped with fill line, inspection ports,
overflow pipe, and breather vents. A level
transmitter feeds the ChemWatchTM monitor
for tank level and for inventory
management. Labels and placards
conforming to local regulations are also
provided. A photo of a similar double walled
system that we would provide for this
program is shown to the right.
One (1) skid mounted dosing control module with a primary and back -up pump each capable of
dosing up to 20 gph will be provided for this project for safe and efficient dosing of the 50%
H2O2. Dosing control module has approximate dimensions of 4 ft. (L) x 2.5 ft (W) and is pre -
wired and pre-piped for ease of installation.
Chemical
• 50% w/w Hydrogen Peroxide (standard grade) delivered in bulk trailers, conforming to
the following specifications:
Active Oxygen 23.5% w/v
Specific Gravity 1.20 @ 20°C
Density 10.0 lbs/gallon @ 20°C
Solubility (in water) Infinite
Equipment & Technical Services
Equipment services include system installation, start -up and maintenance of the storage and
dosing systems. On-site applications support will be provided during start-up and ongoing to
maintain an efficient program. Hydrogen peroxide safety training will be provided to all
designated plant personnel during start-up. Approximately 3-5 days will be required for
equipment installation, start-up and safety training.
Also, prior to initial delivery, US P Technologies will arrange with The Colony to have a USP
representative conduct an initial site walkthrough and survey. USP will also provide an eyewash
& safety shower for the contract period.
The Colony Responsibility
• Conduit run, electrical service of 110 VAC, 60 HZ, 30A, terminating in a junction box
within 10 feet of skid location.
• A clear area approximately 18’ x 18’ to place each storage and metering system. A 4”
bed of concrete or coarse crushed aggregate is preferred for the pad , however, other
surfaces may be acceptable.
58
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• A potable water supply (garden hose) capable of delivering water at 30 PSI, is required
prior to the first fill. There will need to be two (2) separate water hook ups. The first will
be for wash-down water, the second will be for the eye wash & safety shower provided
by USP.
• A crane or boom truck will be required to offload equipment systems upon arrival at the
site.
• Any trenching, tapping of lines, drilling through concrete, etc . required to run chemical
injection piping to the application point.
• Procurement of appropriate permits and other external items to chemical storage and
dosing systems that may be required by permitting authorities.
Pricing
As detailed above, USP Technologies offers program pricing which covers the product, storage
and dosing system and services detailed above. We will design, install and maintain the storage
and handling systems. If actual usage requirements vary widely from the estimate of 50 gallons
per day provided from 2017 pilot, pricing will be reviewed.
W e are pleased to offer full-service program pricing as follows:
• $5.98 per gallon of 50% hydrogen peroxide delivered in tanker trucks of ~2400 gal per
delivery
• Facility and Maintenance Service Fee: $1,400 per month
• One-time project and equipment mobilization fee : $11,000
This agreement is subject to all applicable hydrogen peroxide surcharges, including but not
limited to current freight and energy surcharges. They will be added as a line item charge on the
invoice.
Please note that prices exclude tax (unless a tax exempt form is provided), payment terms are
net 30 days. This proposal is valid for 60 days from the above date. At the end of this program,
a one time demobilization fee of $6,000.00 will be charged to remove all equipment.
The above base program pricing will be offered and held firm through December 31st, 2022 at
which time any pricing adjustments needed due to market conditions will be provided to the City.
The initial term of this agreement is for 2 years and will automatically be extended for additional
one year periods unless cancelled by either party giving no less than a 60 day notice.
If the above and attached terms are acceptable, this letter will serve as an agreement by signing
at the bottom of this document. USP Technologies can install the systems within 8 to 10 weeks
of receipt of this signed agreement and a purchase order.
USP Technologies appreciates the opportunity to submit this proposal. If you have any
questions or comments, please contact me at (979) 270-1070 or via e-mail at
bhorne@usptechnologies.com.
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Agreed to and Accepted on;
Date: _______________ 2022
Colony
Representative:_____________________
Title:____________________
Sincerely,
Ben Horne
USP Technologies
Territory Manager, Mid-South Region
CC: Dan Kile, Eastern Regional Manager
60
5
Terms & Conditions:
1. Weights. Seller’s weights and volumes shall govern, except that in case of proven error adjustment shall be made.
2. Risk of Loss. Risk of loss and responsibility for all goods sold or provided hereunder shall pass to Buyer upon Seller’s delivery to
Buyer.
3. Warranty & Liability. Seller warrants that the goods shall conform to Sellers standard specifications in effect at time of shipment.
SELLER MAKES NO OTHER WARRANTY, EXPRESS, OR IMPLIED, COVERING THE GOODS AND DISCLAIMS THE IMPLIED
WARRANTY OF FITNESS FOR PURPOSE. Upon passage of title to the goods, Buyer assumes all responsibility and liability for and
agrees to defend and indemnify Seller against, all claims, loss or damage resulting from Buyers storage, handling, sale or us e of the
goods or their containers.
4. Indemnification. Buyer shall indemnify, defend and hold Seller harmless from and against that portion of any liability, costs, expense
(including without limitation reasonable attorneys' fees and expenses), claim, judgment, settlement or damage (collecti vely, "Claims")
that Seller may incur or be required to pay to any third party (including without limitation any employee of Buyer regardless of whether
such employee is barred under applicable law from claiming against Buyer) which is caused or contribute d to by any act or omission of
Buyer, including without limitation those arising from the negligence of Seller. If Buyer resells the products sold hereunder , Buyer will
use its best commercial efforts to obtain from its purchaser an indemnification similar to the foregoing for the benefit of Buyer and
Seller.
5. Damages & Claims. Seller’s liability for damages and remedies against the Seller shall be limited to return of the purchase price of the
particular delivery with respect to which such damages are clai med. The foregoing constitutes the exclusive remedy against the Seller
and entire liability of the Seller in connection with such delivery and Seller shall not be liable for any incidental or cons equential
damages. Buyer shall inspect each shipment of goods within a reasonable time after arrival at Buyers plant, and in any event before
use. Failure to make a claim in writing against the Seller within 30 days after arrival of goods at destination shall consti tute an
irrevocable acceptance of goods. Any ac tion for breach of this contract must be commenced within one year after the cause of action
has accrued.
6. Default or Waiver. If Buyer fails to perform any of the terms of this contract, Seller may defer shipments until such failure is made good
or may treat such failure as final refusal to accept further shipments and may cancel this contract. A Seller may terminate this contr act
if Buyer becomes insolvent, assigns his property for the benefit of creditors or is adjudicated a bankrupt. Either party's w aive of such
party’s rights thereafter to enforce and compel strict compliance with conditions of this contract, at any time, shall not in any way affect,
limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term a nd condition of the contract.
7. Excuses for Nonperformance. Seller shall have no liability for any delay or failure in performance hereunder, in whole or in part, if
such delay or failure arises from (i) compliance in good faith with any foreign or domestic governmental regulation or order, whether or
not later shown invalid or inapplicable; (Ii) the occurrence of any contingency the nonoccurrence of which was a basic assump tion at
the time this contract was made, including without limitation acts of God, fi re, flood, accident, riot, war, terrorism, sabotage, strike, lock-
out, labor trouble or shortage, breakdown or failure of equipment, or embargo; (Iii) Seller's inability to obtain any require d product,
material, energy source, equipment, labor, or transportation at prices and on terms deemed by Seller to be acceptable; (iv) Seller's
incurring increased costs for compliance with environmental protection, health or safety regulations; or (v) any other event or
occurrence not within the reasonable control of S eller. If any such circumstances affect only a part of Seller's capacity to perform,
Seller may allocate products, services and deliveries among its customers and its own requirements as Seller may determine in its
sole discretion. Quantities affected by t his paragraph may, at the option of either party, be eliminated from the contract without liability,
but the contract shall remain otherwise unaffected.
8. Assignability & Continuity. The Buyer shall not assign this contract or any right or obligation under this contract and any purported
assignment shall be void and ineffective, but this contract shall be binding upon and inure to the benefit of the successors of the
parties hereto.
9. Surcharges. Notwithstanding anything in this Contract to the contrary, Seller reserves the right to impose a special temporary
surcharge in the event of any increase in the price of energy or any other raw material that is reasonably likely to have a m aterial
impact on Seller’s overall costs of Products and Services, or is imposed on Seller by its material or services providers. The amoun t of
such surcharge will be limited to that required to negate the increase in Seller’s costs resulting from such increases. Sell er shall give
Buyer written notice at least [ten (10) business days] prior to imposing any such surcharge and shall reduce or remove such s urcharge
at such time as the price of energy or raw materials return to levels which no longer justify such increase.
10. Patents. Seller represents that to the best of its knowledge, the sale and/or use by Buyer of goods in the form sold hereunder will no t
infringe any composition of matter claims in any adversely held U.S. Patent claiming the goods per se, but in the even t that it is alleged
that such sale and/or use constitutes infringement of such Patent, then Sellers liability to the Buyer shall (a) be limited t o the defense of
such infringement actions and the payment of damages awarded therefore by a court of competen t jurisdiction from which no appeal is
or can be taken, and 9b) arise only if Buyer promptly gives Seller written notice of such claim and full authority, informati on and
assistance for the defense of such claim. The foregoing states the entire liability of the Seller with respect to patent infringement by
said goods. Seller reserves the right to suspend deliveries hereunder, or to terminate this contract, if the Seller believes that the
manufacture and/or sale by the Seller, or the sale and/or use by the Buyer, of any goods sold hereunder infringes on any U.S.
PATENT.
11. Applicable Law – Entirety. The construction, performance and completion of this contract shall be governed by the law of the state of
Delaware. This contract is intended by the parties as the final expression of their agreement and is the complete and exclusive
statement of the terms thereof, notwithstanding any oral representations or statements to the contrary heretofore made. No
modification or release shall be effective unless in writing, signed by both parties, and specifically stating it is such modification or
release.
12. Termination. If pursuant to any Federal, State or local law, regulation or ordinance Seller is required to install any additional equipmen t
or facilities, in order t o comply with governmental standards and if the cost of such installation, in Sellers opinion, makes it uneconomic
to Seller to continue production of the goods, Seller may terminate this contract on 30 days prior written notice to buyer.
13. Acceptance. All sales and purchases of products hereunder are limited to and conditional on Buyer's acceptance of these standard
terms and conditions. Seller objects to and rejects any terms and conditions that may be proposed by Buyer which are in addit ion to or
different from these standard terms and conditions. No modification of this contract shall be effected by the acknowledgment or
acceptance of purchase order forms containing different or additional terms or conditions.
61
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ACCEPT A PROPOSAL FROM USP
TECHNOLOGIES FOR FULL-SERVICE HYDROGEN PEROXIDE SUPPLY AT
THE INDIAN CREEK LIFT STATION TO REDUCE ODORS AND CORROSION
IN THE WASTEWATER COLLECTION SYSTEM; AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to issue a purchase order to USP Technologies in the amount of $137,000.00.
Section 2. That the City Manager or his designee authorized to issue said purchase orders.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE COLONY,
TEXAS, THIS 21
ST DAY OF JUNE 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:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discuss and consider canceling or rescheduling the City Council Regular Session meeting for July 5, 2022 in
observance of Fourth of July. (Council)
Suggested Action:
Attachments:
63
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider making a nomination by resolution for a candidate to serve on the Denco Area 9-1-1
District Board of Managers for a two-year term beginning October 1, 2022. (Council)
Suggested Action:
Attachments:
Denco Area 9-1-1 District Board of Managers Voting Packet.pdf
Res. 2022-xxx Denco 911 Board 2021 Nomination.doc
64
65
66
67
68
69
70
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 -_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, NOMINATING ONE MEMBER TO
THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1
EMERGENCY COMMUNICATION DISTRICT AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS,Section 772, Health and Safety Code, provides that twovoting members of the
Board of Managers of an Emergency Communications District shall be appointed jointly by all cities
and towns lying wholly or partly within the District.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1.That the City of The Colony hereby nominates David Terreas a member of the
Board of Managers for the Denco Area 9-1-1 Emergency Communication District.
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 21ST DAY OF JUNE 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
71
Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution nominating one representative and one alternate representative to
the 2022 Regional Transportation Council (Council)
Suggested Action:
Attachments:
Res 2022-xxx RTC Appointment 2022.doc
72
CITY OF THE COLONY
RESOLUTION NO. 2022 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS,NOMINATING ONE
REPRESENTATIVE AND ONE ALTERNATE
REPRESENTATIVE TO THE REGIONAL
TRANSPORTATION COUNCIL
WHEREAS,the Regional Transportation Council (RTC) Bylaws and Operating
Procedures state that “The person representing a group of several cities shall be selected by the
mayors/county judges using a weighted vote of the maximum population or employment of the
cities represented”; and,
WHEREAS, the cities of Frisco, The Colony, Prosper, Celina, Little Elm, and
Providence Village share a seat on the Regional Transportation Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
SECTION 1.The City of The Colony City Council hereby supports the nominee for
____________as Representative to the Regional Transportation Council.
SECTION 2. The City of The Colony City Council hereby supports the nominee for
____________ as Alternate Representative to the Regional Transportation Council.
SECTION 3. That this resolution shall become effective immediately upon its passage
and approval.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, ON THIS THE 21ST DAY OF JUNE 2022.
APPROVED:
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
73
APPROVED AS TO FORM:
____________________________________
Jeff Moore, City Attorney
74
Agenda Item No:5.6
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discuss and consider making appointments to various Council appointed boards. (Council)
Suggested Action:
Attachments:
75
Agenda Item No:5.7
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discuss the creation of a joint committee to evaluate and make recommendations regarding the Stewart Creek
Park Master Plan. (Mayor)
Suggested Action:
Attachments:
76
Agenda Item No:5.8
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discuss the creation of a joint committee to evaluate and make recommendations regarding possible utilization
of existing funds identified for veterans' recognition. (Mayor)
Suggested Action:
Attachments:
77
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 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 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:
78
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: June 21, 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 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:
79