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HomeMy WebLinkAbout2022 0803Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: August 3, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 3 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: August 3, 2022 Submitted by: Lindsey Stansell Submitting Department: Parks & Recreation Item Type: Announcement Agenda Section: Subject: Receive presentation from Parks and Recreation regarding upcoming events and activities. Suggested Action: Attachments: 4 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: August 3, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss Public Information Requests Quarterly Report as presented for Council review. (Stewart) Suggested Action: Attachments: PIR Quarterly Report.pdf 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: August 3, 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. Suggested Action: Attachments: 22 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: August 3, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from July 19, 2022. (Stewart) Suggested Action: Attachments: July 19, 2022 DRAFT Minutes.pdf 23 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 JULY 19, 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 19th day of July 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 Pastor Zeke Trezevant from Faith, Hope and Love Fellowship 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 the Library regarding upcoming events and activities. Library Director, Megan Charters, 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. 24 City Council – Regular Meeting Agenda July 19, 2022 Page| 2 None 4.0 CONSENT AGENDA Motion to approve all items from the Consent with the exception of Agenda Item Nos 4.1 and 4.4- Schrag; second by Ensweiler, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from June 21, 2022. Motion to approve the revisions on Agenda Item 3.1 to reflect the correct name for Linds ey Ayers; and Agenda Item 5.2 the proposal from USP Technologies in the amount of $137,000.00 for the first year and $126,000 thereafter- Ensweiler; second by Wade, motion carried with all ayes. 4.2 Consider approving a resolution authorizing the City Manager to execute an amendment to the existing Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for installation of solar lights at the Cascades/Grandscape Trail, for the area underneath the SRT/SH121 roadway. RESOLUTION NO. 2022-043 4.3 Consider approving a resolution authorizing the City Manager to execute a Landscape Maintenance Agreement with TXDOT for the City to maintain landscape enhancements on FM423 with funding by the Governor's Community Achievement Awards, sponsored by Keep Texas Beautiful and TxDOT. RESOLUTION NO. 2022-044 4.4 Consider approving a resolution authorizing the City Manager to execute contracts with Utility Service Co., Inc. for two RCS treatment improvements for Water Towers situated at Clover Valley and North Colony. Motion to approve- Ensweiler; second by Marks, motion carried with all ayes. RESOLUTION NO. 2022-045 4.5 Consider approving a resolution authorizing the City Manager to execute work services with Air Cleaning Technologies in the amount of $132,624.05 for the refurbishment of the Plymovent diesel exhaust removing systems at Firehouse 1, 2, and 3; and the installation of new Plymovent system at Firehouse #4. RESOLUTION NO. 2022-046 25 City Council – Regular Meeting Agenda July 19, 2022 Page| 3 4.6 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $55,988.75 with Stoic Civil Construction, Inc. for the Taylor Stream Bank Stabilization Project. RESOLUTION NO. 2022-047 4.7 Consider approving a resolution authorizing the City Manager to execute a 3-year contract in the amount of $51,261 per year with GoTo Technologies for city-wide phone services. RESOLUTION NO. 2022-048 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider the proposed 2022 tax rate of $.6475 per $100 of property valuation and setting the date for public hearings on the budget, tax rate, and GrandScape PID assessment on August 16th, 2022. In addition, approval of the 2022-2023 fee schedule, tax rate, budget, and PID assessment on September 6th, 2022. Assistant City Manager, Tim Miller, provided an overview on this item to Council. Motion to- Marks; second by Ensweiler, motion carried with all ayes. 5.2 Discuss and consider approving a resolution authorizing the City Manager to execute an interlocal agreement with Collin College Veterinary Technology Program permitting use of The Colony Animal Shelter for Curriculum and Instruction. Deputy City Manager, Joe Perez, presented the proposed resolution to Council. Motion to approve the revised agreement terms from August 1, 2022 through July 31, 2023- Marks; second by Holtz, motion carried with all ayes. RESOLUTION NO. 2022-049 5.3 Discuss and consider approving a resolution authorizing the City Manager to execute a contract service agreement with SPAN (Special and Aging Needs) for FY 2022/23. Deputy City Manager Joe Perez, provided an overview on this item. Diane Beck, Mobility Manager with SPAN Denton County, and Christine Herrera, Senior 26 City Council – Regular Meeting Agenda July 19, 2022 Page| 4 Services Program Manager with Meals on Wheels Denton County presented a power point to Council. Motion to approve- Ensweiler; second by Wade, motion carried with all ayes. RESOLUTION NO. 2022-050 5.4 Discuss and consider approving a resolution authorizing the City Manager to execute a Network Node Installation and Pole Attachment Agreement in Residential Areas with New Cingular Wireless PCS, LLC. Director of Engineering, Ron Hartline, presented the proposed resolution to Council. Mike Sturgell with New Cingular Wireless was available to answer questions from Council. Motion to approve with the exception of Ensweiler voting no and Schrag abstaining from voting- Holtz; second by Marks, motion carried with all ayes. RESOLUTION NO. 2022-051 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 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, 200th 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). Regular Session was reconvened at 9:01 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 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, 200th Judicial District Court, Travis County, Texas. 27 City Council – Regular Meeting Agenda July 19, 2022 Page| 5 Motion to authorize the City Attorney's office to file all necessary paperwork and prosecute a rehearing of the City of The Colony, The Hotel Development Corporation v. Ken Paxton, attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas matter in the 200th Judicial District Court, Travis County, Texas- Wade; second by Holtz, motion carried with all ayes with the exception of Schrag voting no. 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). No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 9:02 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 28 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: August 3, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for May and June 2022. (Council) Suggested Action: Attachments: Council May June Expenditures.pdf 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: August 3, 2022 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City's participation in Denton County’s Community Development Block Grant Program for a three-year period from FY 2023 through FY 2025. (Boyer) Suggested Action: Attachments: Cooperative Agreement to participate in Denton County's CDBG Program from FY 2023-2025.pdf Res. 2022-xxx Joint Administrative Agreement to participate in Denton County's CDBG Program for a three year period.pdf 49 STATE OF TEXAS § § COMMUNITY DEVELOPMENT COUNTY OF DENTON § BLOCK GRANT PROGRAM JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION Pursuant to Texas Local Government Code Chapter 373 and Section 381.003, Texas cities and counties are authorized to conduct essential housing and community development activities; and pursuant to Texas Government Code Chapter 791, Texas cities and counties are authorized to enter into cooperative agreements. This agreement is entered into by and between DENTON COUNTY (“COUNTY”), a political subdivision of the State of Texas, and the CITY OF THE COLONY, (“CITY”) a municipal corporation under the laws of the State of Texas (also known individually as a “Party” or, collectively, the “Parties”). The CITY OF THE COLONY, has chosen to have its population included as a portion of COUNTY’s population in COUNTY’s “Urban County” applications to the U.S. Department of Housing and Urban Development (“HUD”) for the Community Development Block Grant (“CDBG”) Program, the HOME Investment Partnership (“HOME”) Program, and Emergency Solutions Grants (“ESG”) Program (collectively, the “Grant Applications”), and COUNTY is willing to include CITY’s population in the Grant Applications This Agreement is effective for the three fiscal years qualification period of Fiscal Years 2023- 2025. This Agreement remains in effect until the CDBG Program funds and income received with respect to the three fiscal years qualification period and any successive qualification periods are expended and the funded activities are completed, and the Parties may not terminate or withdraw from this Agreement while it remains in effect. This Agreement will automatically renew for each new three fiscal year Urban County qualification period, unless CITY or COUNTY provides written notice of its intention to end its participation in this Agreement to the other Party before the end of a three fiscal years qualification period. The termination notice must also be sent to the HUD Field Office. This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and between the CITY Council of the CITY OF THE COLONY and DENTON COUNTY and the parties hereby AGREE as follows: 1. The Parties will cooperate to undertake, or assist in undertaking, community renewal and lower-income-housing-assistance activities. 2. The Parties will take all actions necessary to assure compliance with the Urban 50 County’s certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, and implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing Attachment B - Exhibit A regulations at 24 CFR part 100, will affirmatively further fair housing. The Parties will take all actions necessary to assure compliance with the Urban County’s certification required by section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968. The Parties will also comply with any other applicable laws. 3. The Parties will take all required actions to comply with the provisions of the National Environment Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable laws. 4. The Parties will affirmatively further fair housing within the jurisdiction of the CITY and the COUNTY. 5. The COUNTY and the CITY have adopted and are enforcing a policy prohibiting the use of excessive force by law enforcement agencies with its jurisdiction against any individuals engaged in non-violent civil rights demonstrations and a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is in the subject of such non-violent civil rights demonstrations within the jurisdiction. 6. Neither Party to this Agreement may veto or in any other way obstruct the implementation of the approved Consolidated Plan (the “Plan”) during the period for which COUNTY is seeking to qualify as an Urban County, nor may either Party be required to undertake any activities not specifically in the Plan. In addition, nothing contained in this Agreement will deprive any municipality or other unit of local government of any powers of zoning, development control or other lawful authority which it presently possesses. 7. Pursuant to 24 CFR 570.501 (b), CITY is subject to the same requirements applicable to subrecipients, including the requirements for a written Attachment B - Exhibit A agreement set forth in 24 CFR 570.503. 8. CITY may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan CITY, urban county, unit of general local government or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. 9. COUNTY will adhere to HUD requirements regarding public hearings and will have final responsibility for selection of projects, the filing of annual grant request, and the 51 preparation of annual performance reports. 10. COUNTY has the final responsibility for submitting the consolidate Plan to HUD 11. CITY may not apply for grants from appropriations under the State CDBG Program for fiscal years during the period in which it participates in COUNTY’s CDBG program. This Joint Administrative Agreement is executed on behalf of the CITY OF THE COLONY and DENTON COUNTY by its duly authorized officials. CITY OF THE COLONY Richard Boyer, Mayor of The Colony This the day of ______________, 2022 DENTON COUNTY, TEXAS ______________________________________ Andy Eads, County Judge This the day of ______________, 2022 52 CITY OF THE COLONY RESOLUTION NO. 2022 - ________ RESOLUTION REGARDING CITY OF THE COLONY PARTICIPATION IN DENTON COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2023 THROUGH FISCAL YEAR 2025. WHEREAS, Title I of the Housing and Community Act of 1974, as amended through the Housing and Community Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environment and expanding economic opportunities principally for persons of low and moderate income, and WHEREAS, Denton County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share of Community Development Block Grant (CDBG) program funds provided said County has a combined population of 200,000 persons in its unincorporated areas and units of general local government with which it has entered into cooperative agreements, and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments for essential Community Development and Housing Assistance activities, and WHEREAS, the CITY OF THE COLONY may not apply for grants under the State CDBG Program from appropriations for fiscal years during the period in which it is participating in Denton County's CDBG program, and WHEREAS, through cooperative agreements Denton County has authority to carry out activities funded from annual Community Development Block Grant (CDBG) Allocation from Federal Fiscal Years 2023, 2024, and 2025, from any program income generated from the expenditure of such funds and any successive qual ification periods under automatic renewal, and WHEREAS, this cooperative agreement covers Federal Fiscal Years 2023, 2024, and 2025, it will automatically be renewed for participation in successive three-year qualification periods, unless the County or the CITY OF THE COLONY informs HUD with written notice to elect to not participate in a new qualification period, and WHEREAS, the cooperative agreement will be automatically renewed by the date specified in HUD’s urban county qualification notice for the next qualification period, Denton County will notify CITY OF THE COLONY in writing of its right not to participate, and WHEREAS, with automatic renewal, Denton County and the CITY OF THE COLONY will be required to adopt and submit to HUD any amendment to the agreement incorporating changes necessary to meet the requirements set forth in an Urban County Qualification Notice, and WHEREAS, Denton County and the CITY OF THE COLONY agree to cooperate 53 to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, and WHEREAS, Denton County and CITY OF THE COLONY will take all actions necessary to assure compliance under section 104(b) of Title I of the Housing and Community Development Act of 1974, Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, and WHEREAS, Denton County will not fund activities in, or in support of the CITY OF THE COLONY that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification, and WHEREAS, Denton County and the CITY OF THE COLONY will comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973, of Title II of the Americans with Disabilities Act, Age Discrimination Act of 1975, Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws, and WHEREAS, the CITY OF THE COLONY has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations and WHEREAS, the CITY OF THE COLONY has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions, and WHEREAS, in accordance with 24 CFR 570.501(b), Denton County is responsible for ensuring that CDBG funds are used in accordance with all program requirements, including monitoring and reporting to U.S. Department of Housing and Urban Development, on the use of program income, and WHEREAS, pursuant to 24 CFR 570.501(b), the CITY OF THE COLONY is subject to the same requirements applicable to sub recipients, including the requirement of a written agreement a described in 24 CFR 570.503, and WHEREAS, Denton County and CITY OF THE COLONY may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan CITY, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act in the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014, Pub. L. 113-76. NOW, THEREFORE, BE IT RESOLVED, by the CITY OF THE COLONY that the CITY Council of THE COLONY, Texas supports the application of Denton County for funding from Housing and Community Development Act of 1974, as amended, and Cranston-Gonzalez National Affordable Housing Act, as amended, and asks that its population be included for three successive years with that of Denton County, Texas to carry out Community Development Program Activities Eligible for Assistance under Public Law 93-383, and Affordable Housing activities under Public Law 101-625, and authorizes the Mayor of THE COLONY, Texas to sign such additional forms as requested 54 by the Department of Housing and Urban Development pursuant to the purposes of the Resolution, and further that the CITY OF THE COLONY projects and filing annual grant requests. BE IT FURTHER RESOLVED, this cooperative agreement will automatically be renewed for participation in successive three-year qualification periods, unless Denton County or the CITY OF THE COLONY provides written notice it elects not to participate in a new qualification period. Denton County will notify the CITY OF THE COLONY in writing of its right to make to such election on the date specified by the U.S. Department of Housing and Urban Development in HUD's urban county qualification notice for the next qualification period. Any amendments or changes contained within the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period must be adopted by Denton County and the CITY OF THE COLONY and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. This agreement remains in effect until CDBG funds and income received during the fiscal 2023, 2024, 2025 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, neither Denton County nor the CITY OF THE COLONY may terminate or withdraw from the agreement while the agreement remains in effect. Official notice of amendments or changes applicable for a subsequent three-year urban county agreement shall be in writing and be mailed by certified mail to the CITY Secretary of the CITY OF THE COLONY Any notice of changes or amendments to this agreement by the CITY OF THE COLONY to Denton County shall be in writing to the Denton County Judge’s Office. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 3RD DAY OF AUGUST, 2022. Troy Powell, City Manager Richard, Boyer, Mayor ________________________________________ _________________________ Tina Stewart, TRMC, CMC, City Secretary Jeffrey L. Moore, City Attorney 55 PASSED AND APPROVED THIS ________ day of ______________, 2022. Commissioners Court Clerk Judge Andy Eads, County Judge 56 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: August 3, 2022 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance amendment to Chapter 8 Article III. Hotel Occupancy Tax addressing short-term rentals and the payment of hotel occupancy tax. (Perez) Suggested Action: Attachments: Ord. 2022-xxxx Hotel Occupancy Tax for short-term rentals and payment.docx.pdf 57 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2022 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 8, ARTICLE III, ENTITLED “HOTEL OCCUPANCY TAX” BY AMENDING SECTIONS 8-75 TO 8-77, AND 8-84, AND ADDING SECTIONS 8-86 TO 8-88 TO ADDRESS SHORT- TERM RENTALS AND THE PAYMENT OF HOTEL OCCUPANCY TAX; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the City of The Colony, Texas, to amend and add various sections of Chapter 8, Article III, entitled “Hotel Occupancy Tax” to better address the payment of Hotel Occupancy Tax by short-term rentals consistent State law. 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 Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 8, Article III, entitled “Hotel Occupancy Tax,” by amending sections 8-75 to 8-77, which shall read as follows: “ARTICLE III. - HOTEL OCCUPANCY TAX AND SHORT TERM RENTALS Sec. 8-75. - Definitions. In this article: (1) Consideration means the cost of a hotel or short-term rental room only if the room is ordinarily used for sleeping, and does not include the cost of any food served or personal services rendered to the room or a person in the room unless related to the cleaning and readying of the room for occupancy. (2) Designated operator shall mean the operator of a short-term rental facility who resides in Denton County, Texas, and will be present in Denton County and available at all times the rental is in use. (3) Hotel means a building in which members of the public may obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist 58 house, tourist court, lodging house, inn, rooming house, or other building where a room is furnished for a consideration, but does not include a hospital, sanitarium, or nursing home. (4) Licensee shall mean a person or legal entity issued a short-term rental facility license. (5) Owner shall mean an individual person, proprietorship, partnership, corporation, association, or other legal entity. (6) Short term rental shall mean a residential dwelling unit(s) that is rented out for compensation on a temporary basis for a period of less than 30 consecutive days. (7) Tourism means the guidance or management of tourists. (8) Tourist means an individual who travels from the individual's residence to a different municipality, county, state, or country for pleasure, recreation, education, or culture. Sec. 8-76. - Tax levied; exceptions. (a) A tax of seven percent of the consideration paid for a hotel or short-term rental room is levied, within the city limits, on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays the consideration for the use or possession or for the right to the use or possession of a hotel or short-term rental room that costs $2.00 or more each day and is ordinarily used for sleeping. (b) This article does not impose a tax on: (1) A person who has the right to use or possess a hotel room for at least 30 consecutive days, so long as there is no interruption of payment for the period; or (2) The United States, a governmental entity of the United States, or an officer or employee of the United States. (c) Except as otherwise provided in V.T.C.A Tax Code, § 156.103, as amended, the state, or an agency, institution, board, or commission of the state other than an institution of higher education, as that term is defined by V.T.C.A. Education Code § 61.003, as amended, shall pay the tax imposed by this article and is entitled to a refund of the amount of tax paid.(d)A person entitled to a refund of tax paid under this section shall make an application for a refund in the form prescribed by the city. Sec. 8-77. - Collection of tax generally. (a) On behalf of the city, the City Manager is hereby authorized to engage and contract with a third party service to collect and remit the city’s portion of hotel occupancy tax within the city limits, on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays the consideration for the use or possession or for the right to 59 the use or possession of a hotel or short-term rental room that costs $2.00 or more each day and is ordinarily used for sleeping. (b) A person who owns, operates, manages, or controls a hotel or short-term rental or collects payment for the use or possession or for the right to the use or possession of a room shall comply with the third-party service contracted by the city to collect the tax levied by this article for the city. (c) A person who collects the tax shall deposit the tax proceeds into a separate liability account and may not use the tax proceeds for any purpose other than payment to the city. (d) Every person owning, operating, managing or controlling any hotel shall collect the tax levied by this article for the city. The hotel operator shall be entitled to one percent of the hotel occupancy tax revenues collected as reimbursement for the operator's administrative costs for collecting the tax. However, as further described in this article, this reimbursement may be forfeited at the discretion of the city if the hotel operator fails to timely pay over the tax or timely file a report as required by the city or files a false report with the city. (e) A person who owns, operates, manages, or controls a short-term rental or collects payment for the use or possession or for the right to the use or possession of a short-term rental room shall comply with the third-party service contracted by the city to collect the tax levied by this article for the city.” SECTION 3. That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 8, Article III, Section 8-84, entitled “Additional enforcement authority,” which shall read as follows: “Sec. 8-84. - Additional enforcement authority. The City may take the following actions against a person who has failed to file a required report, failed to collect the tax imposed, failed to pay the taxes over to the city when due, or filed a false report: (1) Bring suit to collect the unpaid tax or to enjoin the person from operating a hotel or short- term rental in the city until the tax is paid or the report filed, as applicable, as provided by the court's order; and (2) Any other remedy provided under state law or as provided in Section 8-88 of this code.” SECTION 4. That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 8, Article III, by adding Sections 8-86 to 8-88, which shall read as follows: “Sec 8-86. - Short-term rental facility license required. 60 (a) It shall be unlawful to operate a short-term rental facility without a short-term rental facility license in violation of any provision of a short-term rental facility license, this article, or any other applicable city ordinance or other law. (b) License application and review: (1) To obtain a license for a short-term rental facility, a person must submit an application on a form provided for that purpose to the city’s third-party collection service. The application must contain the following: (A) The name, street address, mailing address, email address, and telephone number of the applicant, the owner, and the designated operator of the short- term rental facility. The applicant must assign a "designated operator" who resides in Denton County, Texas and shall be present in Denton County and available at all times the rental is in use. (B) If the applicant or owner is a partnership, a corporation, or limited liability company, the application shall list the names of all partners, directors, members, and officers, as applicable, of the applicant and the owner. (C) A short-term rental facility license shall be valid from the date of issuance unless otherwise suspended or revoked in accordance with section 8-87. (c) Operation of a short-term rental facility. (1) The licensee shall comply with the noise requirements set forth in article IX of chapter 6 of this Code. (2) The licensee will comply with all building, electrical, and other codes and ordinances of the city. (3) Functions such as meetings, receptions, weddings and other social events provided for compensation or held by guests are not permitted as part of the short-term rental facility unless such facility is located in a commercial zoning district. (4) Lighting. If the property is residentially zoned, all lighting must be directed toward the establishment and not at adjacent properties. (5) Occupancy. The maximum number of adults allowed to reside in short-term rental facility is two (2) adults per bedroom plus two (2) additional adults per rental unit. (6) Signage. No on-premise signage shall be allowed advertising the property as a short-term rental consistent with the code and state law. Sec. 8-87. Revocation, suspension or denial of a license. 61 The City Manager or designee may immediately revoke or suspend the license, or deny either the issuance or renewal thereof, if it is found that: (1) The licensee, designated operator, or guest has violated or failed to meet any of the provisions of this article or conditions of the license; (2) The licensee, designated operator, or guest has violated any federal, state, or city law, or regulation pertaining to the use of the property as a short-term rental facility; (3) The chief of the police department or the chief of the fire department has determined that the short-term rental facility would pose a serious threat to public health, safety, or welfare; or (4) The applicant has made a false statement of material fact on an application for a short-term rental facility license. Sec. 8-88. Notice to applicant/license; appeals. (a) Upon denial, suspension or revocation, the City Manager or designee shall notify the applicant or licensee in writing either in person or by certified mail to the address listed on the application of the action taken and the reasons therefore. A person may appeal a decision to deny, revoke, or suspend a license to the city council. Appeals shall be submitted to the city secretary in writing within fifteen (15) days following the date the applicant or licensee receives the decision. A hearing on the denial, suspension, or revocation will be scheduled for the next regular meeting of the city council that is more than six (6) days away. The council will render a decision on the appeal within ten (10) days of the hearing. A licensee shall not operate the short-term rental facility during the appeal process. (b) At the appeal hearing on a denial of an initial license application, the appealing party must present evidence clearly indicating that the City Manager or designee was incorrect in determining that the stated grounds for the license denial existed. (c) At the appeal hearing on a license suspension, revocation, or refusal to renew, the City Manager or designee must present evidence clearly indicating that the stated grounds for such action existed. Sec. 8-89. - Reserved.” SECTION 4. 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. 62 SECTION 5. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 6. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 7. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 3rd DAY OF AUGUST 2022. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeff L. Moore, City Attorney 63 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: August 3, 2022 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Presentation Agenda Section: Subject: Discuss and consider the proposed 2023 budget from the Denton Central Appraisal District. (Council) Suggested Action: Attachments: 2023 Proposed Budget Powerpoint from Denton Central Appraisal District 64 65 66 67 68 69 70 71 72 73 74 75 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: August 3, 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: 76 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: August 3, 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: 77