HomeMy WebLinkAbout2022 0906Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation recognizing September 2022 as "Suicide Prevention Awareness Month". (Mayor)
Suggested Action:
Attachments:
2022 Suicide Prevention Denton County Proclamation.pdf
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MAYORAL PROCLAMATION
WHEREAS, addressing the prevention of suicide needs of children, youth, and adults today
is fundamental to the future of the City of Denton; and
WHEREAS, the citizens of the City of Denton value their overall health and life and that of
their families and fellow citizens and are proud to support observances such as Suicide Prevention
Awareness Month; and
WHEREAS, suicide is the 3rd leading cause of death for ages 10-19, the 2nd leading cause of
death for ages 20-34 and the 4th leading cause of death for ages 35-44 and 1/3 of all suicide
deaths were ages 55 and older; and
WHEREAS, there is an average of 130 suicide deaths per day in the US; 10% of adults
experience suicidal thoughts in the US; nearly 1 and 5 Texas high school students reported seriously
thinking about suicide and 15% making a plan and 10% making an attempt; and
WHEREAS, the need for comprehensive, coordinated mental health and suicide prevention
services for individuals and families places upon our community is a critical responsibility; and
WHEREAS, there is a strong body of research that supports specific tools that all
Americans can use, to better handle challenges, and protect their overall health and well-being;
and
WHEREAS, each citizen, local business, school, government agency, healthcare provider,
and faith-based organization shares the weight of suicide concerns and has a responsibility to
promote mental wellness, recovery, and support prevention efforts; and
WHEREAS, the Denton County Behavioral Health Leadership Team, Denton County MHMR
Center, Denton County Zero Suicide Task Force, and Denton County Suicide Prevention Coalition are
effectively addressing the mental health and suicide prevention needs of children, youth, adults, and
families in our community; and
THEREFORE, BE IT RESOLVED that, I, Richard Boyer, Mayor of the City of The Colony, do
hereby proclaim the month of September 2022 as “Suicide Prevention Awareness Month”; and I
call upon our citizens and all agencies and organizations interested in helping to prevent suicide
to unite this month in the observance of such exercises as will commit the people of Denton to
increasing awareness and understanding of suicide, the steps our citizens can take to help prevent
suicide, and the need for appropriate and accessible services for all people experiencing suicidal
thoughts.
SIGNED and SEALED this 6th day of September, 2022.
________________________________
Richard Boyer, Mayor
City of The Colony, Texas
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation recognizing September 2022 as United Way of Denton County - LIVE UNITED Month. (Mayor)
Suggested Action:
Attachments:
United Way Proclamation.pdf
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MAYORAL PROCLAMATION
WHEREAS, United Way of Denton County has been identifying Denton
County’s needs and responding to them for over 69 years; and
WHEREAS, United Way of Denton County is unparralled in power to
assemble partners, providers and resources to address the needs of neighbors in crisis,
and
WHEREAS, United Way of Denton County leads the effort to provide greater
opportunity for every person in Denton County and works with a network of nonprofits,
governments, and businesses across the County to respond to our community’s
immediate needs and seek out better solutions for larger community-wide basis;
WHEREAS, United Way of Denton County remains committed more than ever
before to bring people together to help our communities recover, rebuild and thrive;
and
NOW, THEREFORE, I, Richard Boyer, Mayor of the City of The Colony, do
hereby proclaim September 2022 LIVE UNITED Month in the City of The Colony,
and ask all residents to LIVE UNITED.
SIGNED AND SEALED this 6th day of September, 2022.
__________________________________
Richard Boyer, Mayor
__________________________________
Tina Stewart, TRMC, CMC, City Secretary
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Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation recognizing the first full week of September 2022 as "Payroll Week". (Mayor)
Suggested Action:
Attachments:
Payroll Week Proclamation.pdf
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MAYORAL PROCLAMATION
WHEREAS, the American Payroll Association and its more than 20,000 members
have launched a nationwide public awareness campaign that pays tribute to the nearly
150 million people who work in the United States and the payroll professionals who
support the American system by paying wages, reporting worker earnings and
withholding federal employment taxes; and
WHEREAS, payroll professionals in The Colony, Texas play a key role in
maintaining the economic health of The Colony, carrying out such diverse tasks as
paying into the unemployment insurance system, providing information for child support
enforcement, and carrying out tax withholding, reporting and depositing; and
WHEAREAS, payroll departments collectively spend more than $2.4 trillion
annually complying with myriad federal and state wage and tax laws; and
WHEREAS, payroll professionals play an increasingly important role ensuring the
economic security of American families by helping to identify non-custodial parents and
making sure they comply with their child support mandates; and
WHEREAS, payroll professionals have become increasingly proactive in educating
both the business community and the public at large about the payroll tax withholding
systems; and
WHEREAS, payroll professionals meet regularly with federal and state tax officials
to discuss both improving compliance with government procedures and how compliance
can be achieved at less cost to both government and businesses; and
WHEREAS, the week in which Labor Day falls has been proclaimed National Payroll
Week.
NOW THEREFORE, I, Richard Boyer, Mayor of the City of The Colony, Texas,
hereby give additional support to the efforts of the people who work in the City of The
Colony, and of the payroll profession by proclaiming the first full week of September as:
City of the Colony Payroll Week
SIGNED and SEALED this 6h day of September, 2022.
________________________________
Richard Boyer, Mayor
City of The Colony, Texas
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Agenda Item No:1.8
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
11
Agenda Item No:1.9
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 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:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 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:
13
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes from August 16, 2022. (Stewart)
Suggested Action:
Attachments:
August 16, 2022 DRAFT Minutes.pdf
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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
AUGUST 16, 2022
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:30 p.m. on the 16th day of August 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
Present
Absent
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 6:30 p.m.
1.2 Invocation
Pastor Taylor Smith from First United Methodist Church 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
Pamela DeSantiago, 5204 S. Colony, reported on the succession of a fundraising
event that the City provided funding towards. She requested an increase in
allocation for next year to accommodate more people.
3.0 WORK SESSION
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City Council – Regular Meeting Agenda
August 16, 2022
Page| 2
3.1 Council to provide direction to staff regarding future agenda items.
Councilman Marks requested a future agenda item regarding parking on streets.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item Nos
4.2 and 4.4- Marks; second by Wade, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes from August 3,
2022.
4.2 Consider approving an ordinance authorizing the Mayor to execute a Negotiated
Settlement Agreement between the Atmos Cities Steering Committee and Atmos
Energy Corporation regarding the company’s 2022 RRM filing.
Motion to approve- Ensweiler; second by Marks, motion carried with all ayes.
ORDINANCE NO. 2022-2482
4.3 Consider approving a resolution authorizing the City Manager to execute Contract
Amendment #2 in the amount of $20,000.00 with Halff Associates, Inc. for new
development project review and engineering assistance services.
RESOLUTION NO. 2022-052
4.4 Consider approving a resolution authorizing the City Manager to sign an
Engineering Services Contract in the amount of $66,500.00 with Halff Associates,
Inc. for the Tribute Shoreline Erosion Control Project.
Motion to approve- Marks; second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2022-053
4.5 Consider approving Judith Hebb’s resignation from the Library Board.
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss and consider the City of The Colony Preliminary
Municipal Budget 2022-2023.
Assistant City Manager, Tim Miller, reviewed the proposed tax rate preliminary
municipal budget for FY 2022-2023 with Council.
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City Council – Regular Meeting Agenda
August 16, 2022
Page| 3
The public hearing was opened at 7:21 p.m. with no speakers.
Motion to continue the Public Hearing on the budget to September 6, 2022 - Ensweiler; second
by Wade, motion carried with all ayes.
5.2 Conduct a public hearing and discuss the proposed 2022-2023 tax rate not to exceed
$0.6475 cents per $100 valuation for the taxable value of real and personal property
located within the City of The Colony, and announce that the tax rate will be voted
on September 6th, 2022 at 6:30 p.m. at The Colony City Hall, 6800 Main Street.
The public hearing opened and closed at 7:34 p.m. with no speakers.
Mayor announced that the tax rate will be voted on September 6, 2022 at 6:30 p.m.
at The Colony City Hall, 6800 Main Street.
5.3 Discuss and consider a resolution accepting a preliminary service and assessment
plan for the City of The Colony Public Improvement District, and assessment roll
on properties located within the Public Improvement District No. 1 for the Fiscal
Year 2022-23, and schedule a public hearing for September 6, 2022, concerning the
levying of special assessments.
City Manager, Troy Powell, informed everyone that there may be some
amendments to this item.
Executive Business Liaison, Jeremie Maurina, gave an overview of the item and
answered questions relative to it.
Motion to approve- Wade; second by Holtz, motion carried with all ayes.
RESOLUTION NO. 2022-054
5.4 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.
Deputy City Manager, Joe Perez, presented the proposed ordinance amendment to
the Council and answered questions relative to it.
Motion to approve-Wade; second by Marks, motion carried with all ayes.
ORDINANCE NO. 2022-2483
5.5 Discuss and consider an ordinance amendment to Chapter 13 of the Code of
Ordinances, entitled “Offenses and Miscellaneous Provisions” by adding a new
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City Council – Regular Meeting Agenda
August 16, 2022
Page| 4
Article XIV, Sections 13-175 to 13-176 entitled “Possession of Catalytic
Converters” to address the possession of used Catalytic Converters.
Police Chief, David Coulon, presented the proposed ordinance amendment to the
Council and answered questions relative to it.
Motion to approve – Ensweiler; second by Holtz, motion carried with all ayes.
ORDINANCE NO. 2022-2484
5.6 Discuss and consider a resolution disapproving the proposed 2023 budget from the
Denton Central Appraisal District.
Emer Sanabria, DCAD spokesperson, presented an overview on the item.
Council provided discussion on this item.
Motion to approve- Wade; second by Ensweiler, motion carried with all ayes with the exception
of Terre voting no.
RESOLUTION NO. 2022-055
Executive Session was convened at 9:07 p.m.
6.0 EXECUTIVE SESSION
6.1 A. Council shall convene into a closed executive session pursuant to Sections
551.072 and 551.087 of the Texas Government Code to deliberate regarding
purchase, exchange, lease or value of real property and commercial or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
B. Council shall convene into a closed executive session pursuant to Section
551.074 of the Texas Government Code to deliberate the evaluation, reassignment,
duties, discipline, or dismissal of the Municipal Court Judge.
Regular Session was reconvened at 10:21 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Council shall convene into a closed executive session pursuant to Sections
551.072 and 551.087 of the Texas Government Code to deliberate regarding
purchase, exchange, lease or value of real property and commercial or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
No Action
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City Council – Regular Meeting Agenda
August 16, 2022
Page| 5
B. Council shall convene into a closed executive session pursuant to Section
551.074 of the Texas Government Code to deliberate the evaluation, reassignment,
duties, discipline, or dismissal of the Municipal Court Judge.
Motion to amend the Municipal Judge contract terms as discussed in executive session-Wade;
second by Ensweiler, motion carried with all ayes.
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 10:25 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
19
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for July 2022. (Council)
Suggested Action:
Attachments:
Council July Expenditures.pdf
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24
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an interlocal agreement with the City of
Coppell for the purchase of goods and services. (Cranford)
Suggested Action:
An interlocal agreement with Coppell will help the City better utilize vendors in North Texas.
Attachments:
Interlocal - The Coppell.pdf
Res. 2022-xxx Interlocal Agreements with the City of Coppell.pdf
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH
THE CITY OF COPPELL FOR THE PURCHASE OF GOODS AND SERVICES;
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 execute an interlocal agreement with the City of Coppell for the purchase
of goods and services to better utilize vendors in North Texas.
Section 2. That the City Manager or his designee is authorized to approve the interlocal
agreement.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER 2022.
______________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Brant Shallenburger
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Municipal Building #5 Lease
Agreement with Lakeside Community Theater for the Fiscal Year 2022-23. (Shallenburger)
Suggested Action:
Attachments:
M#5 Lease Agreement - LCT -2022-23.pdf
Res. 2022-xxx Lakeside Community Theatre Lease Agreement.pdf
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Page 1 of 11 LAC LEASE
MUNICIPAL BUILDING #5 LEASE AGREEMENT
___________________________________________________________________________
1. PARTIES: The parties to this lease are:
The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: Lakeside
Community Theatre.
2. PROPERTY: Landlord leases to Tenant the following real property:
The property at 6303 Main Street, The Colony, TX 75056, referred to herein as the “Property”.
3. TERM:
Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term
of this Lease shall be for a period from October 1, 2022 (the “Commencement Date”), and end
at 11:59 p.m. on the date through September 30, 2023 (the “Expiration Date”) or on such earlier
date as this Lease may terminate as provided herein.
4. RENEWAL AND NOTICE OF TERMINATION:
A. Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of
their intention to renew the lease at the end of the current term.
B. Oral notice of termination is not sufficient under any circumstances. Time is of the essence
for providing notice of termination (strict compliance with dates by which notice must be
provided is required).
5. RENT:
A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each
full month during this lease. The first full month’s rent is due and payable not later than
October 1, 2022. Thereafter, Tenant will pay the monthly rent so that Landlord receives the
monthly rent on or before the first day of each month during this lease. Weekends, holidays,
and mail delays do not excuse Tenant’s obligation to timely pay rent.
B. Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the
following person or entity at the place stated below and shall make all payments payable to
the named person or entity. Landlord may later designate, in writing, another person or place
to which Tenant must remit amounts due under this lease.
Name: City of The Colony, Texas
Address: Parks and Recreation Department
5151 North Colony Boulevard, The Colony, TX 75056
C. Method of Payment:
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Page 2 of 11 LAC LEASE
(1) Tenant must pay all rent timely and without demand, deduction, or offset, except as
permitted by law or this lease.
(2) Time is of the essence for the payment of rent (strict compliance with rental due dates
is required).
(3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant
is not honored by the institution on which it was drawn, Landlord may require Tenant
to pay such amount and any subsequent amounts under this lease in certified funds.
This paragraph does not limit Landlord from seeking other remedies under this lease
for Tenant’s failure to make timely payments with good funds.
D. Rent Increases: There will be no rent increases through the primary term. Landlord may
increase the rent that will be paid through any subsequent term by providing at least 45 days
written notice to Tenant.
6. LATE CHARGES:
A. If Landlord does not actually receive a rent payment in the full amount at the designated
place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will
pay Landlord for each late payment:
(1) an initial late charge on the 5th day of the month equal to $10.00
and
(2) additional late charges of $5.00 per day beginning on the 6th day of the month until
rent and late charges are paid in full. Total late charges (initial and additional) may not
exceed $50.00 in any one month.
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt
for Landlord (the postmark date is not the date Landlord receives the payment). The parties
agree that the late charge is based on a reasonable estimate of uncertain damages to the
Landlord that are incapable of precise calculation and result from late payment of rent.
Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise
remedies under Paragraph 19.
7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to
Landlord which is returned or not honored by the institution on which it is drawn for any reason,
plus any late charges until Landlord receives payment. Tenant must make any returned check good
by paying such amount(s) plus any associated charges in certified funds.
8. SECURITY DEPOSIT:
A. Security Deposit: Tenant has previously paid Landlord a security deposit in the amount of
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Page 3 of 11 LAC LEASE
$360.00. “Security deposit” has the meaning assigned to that term in Section 92.102 of the
Texas Property Code.
B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may
place the security deposit in an interest-bearing or income-producing account and any
interest or income earned will be paid to Landlord or Landlord’s representative.
C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender
before Landlord is obligated to refund or account for the security deposit.
D. Deductions:
(1) Landlord may deduct reasonable charges from the security deposit for:
(a) damages to the Property, excluding normal wear and tear;
(b) costs for which Tenant is responsible to clean, deodorize, and maintain the
Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) replacing unreturned keys, garage door openers, security devices, or other
components;
(f) the removal of unauthorized locks or fixtures installed by Tenant;
(g) Landlord’s cost to access the Property if made inaccessible by Tenant;
(h) packing, removing, and storing abandoned property;
(i) removing abandoned or illegally parked vehicles;
(j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default;
(k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred
in any legal proceeding against Tenant;
(l) mailing or delivery costs associated with sending notices to Tenant for any
violations of this lease; and
(m) any other unpaid charges or fees or other items Tenant is responsible to pay under
this lease.
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Page 4 of 11 LAC LEASE
(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within
10 days after Landlord makes written demand.
9. ACCESS BY LANDLORD:
A. Landlord shall have access to the building at all times in order to facilitate routine and
emergency maintenance, and necessary storage of any city property associated with the use
of the building.
10. MOVE-OUT:
A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same
or similar condition as when received, normal wear and tear expected. Tenant will leave
the Property in a clean condition free of all trash, debris, and any personal property. Tenant
may not abandon the Property.
B. Definitions:
(1) “Normal wear and tear” means deterioration that occurs without negligence,
carelessness, accident, or abuse outside of normal expectations associated with the
normal use of the facility.
(2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s
reasonable judgment, and one of the following events occurs:
(a) the date Tenant specifies as the move-out or termination date in a written notice
to Landlord has passed; or
(b) Tenant returns keys and access devices that Landlord provided under this lease.
(3) “Abandonment” occurs when all of the following occur:
(a) all occupants have vacated the Property, in Landlord’s reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of
the main entry door or if the Landlord is prevented from entering the Property
by affixing it to the outside of the main entry door, stating that Landlord
considers the Property abandoned, and Tenant fails to respond to the affixed
notice by the time required in the notice, which will not be less than 2 days from
the date the notice is affixed to the main entry door.
C. Personal Property Left After Move-Out:
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Page 5 of 11 LAC LEASE
(1) If Tenant leaves any personal property in the Property after surrendering or abandoning
the Property Landlord may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization; or
(c) store and sell such personal property by following procedures in Section
54.045(b)-(e) of the Texas Property Code
(2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10
C(1) for packing, removing, storing, and selling the personal property left in the
Property after surrender or abandonment.
11. PROPERTY MAINTENANCE:
A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be
deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must:
(1) keep the Property clean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and
other devices (of the same type and quality that are in the property on the
Commencement Date);
(4) take action to promptly eliminate any dangerous condition on the Property;
(5) take all necessary precautions to prevent broken water pipes due to freezing or other
causes;
(6) remove any standing water;
(7) know the location and operation of the main water cut-off valve and all electric breakers
and how to switch the valve or breakers off at appropriate times to mitigate any
potential damage; and
(8) promptly notify Landlord, in writing, of all needed repairs.
B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized,
such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other
fixtures, such fixtures will become the property of the Landlord. Except as otherwise
permitted by law, this lease, or in writing by Landlord, Tenant may not:
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Page 6 of 11 LAC LEASE
(1) remove any part of the property or any of Landlord’s personal property from the
Property;
(2) remove, change, add, or rekey any lock;
(3) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm
systems;
(4) keep or permit any material which causes any liability or fire and extended insurance
coverage to be suspended or canceled or any premiums to be increased;
(5) dispose of any environmentally detrimental substance (for example, motor oil or
radiator fluid) on the Property; or
(6) cause or allow any lien to be filed against any portion of the Property.
C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in
addition to exercising Landlord’s remedies under Paragraph 20, perform whatever action
Tenant is obligated to perform and Tenant must immediately reimburse Landlord the
reasonable expenses that Landlord incurs.
12. REPAIRS:
A. Repair Requests: All requests for repairs must be in writing and delivered to Designated
Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given,
Landlord is not obligated to make the repair.
B. Completion of Repairs:
(1) Tenant may not repair or cause to be repaired any condition listed in paragraph
12(C)(1), regardless of the cause, without Landlord’s permission. All decisions
regarding repairs, including the completion of any repair, whether to repair or replace
the item will be at Landlord’s sole discretion.
(2) Landlord is not obligated to complete a repair on a day other than a business day unless
required to do so by the Property Code.
C. Payment of Repair Costs: Repair costs will be paid as follows:
(1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair:
(a) a condition caused by the Landlord or the negligence of the Landlord;
(b) wastewater stoppages or backups caused by deterioration, breakage, roots,
ground condition, faulty construction, or malfunctioning equipment.
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Page 7 of 11 LAC LEASE
(c) a condition that adversely affects the health or safety of an ordinary tenant
which is not caused by Tenant, an occupant, a member of Tenant’s family, or a
guest or invitee of Tenant; and
(d) a condition in the following items which is not caused by Tenant or Tenant’s
negligence:
(1) heating and air conditioning systems;
(2) electrical repairs;
(3) damage to doors, windows, or screens;
(4) water heaters; or
(5) water penetration from structural defects.
(2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair:
(a) a condition caused by Tenant, an occupant, a member of Tenant’s organization,
or a guest or invitee of Tenant (a failure to timely report an item in need of
repair or the failure to properly maintain an item may cause damage for which
Tenant may be responsible);
(b) damage from wastewater stoppages caused by foreign or improper objects in
lines that exclusively service the Property; and
(c) damage from windows or doors left open.
13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by
Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in
writing. Installation of additional security devices or additional rekeying or replacement of security
devices desired by Tenant will be paid by Tenant in advance and may be installed only by
contractors authorized by Landlord.
14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to
be equipped with smoke detectors in certain locations. Requests for additional installation,
inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally
damaging a smoke detector or removing a battery without immediately replacing it with a working
battery may subject Tenant to civil penalties and liability for damages and attorney fees under
Section 92.2611 of the Texas Property Code.
15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s
guests, members, or occupants for any damages, injuries, or losses to person or property caused
by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft,
burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental
contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus,
etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any
loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s
guests, or any occupants.
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Page 8 of 11 LAC LEASE
16. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will
pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for
damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s
fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily
basis, and will be immediately due and payable daily without notice or demand.
17. SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject,
subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by
Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on
any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or
encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting
the Property.
18. CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code
governs the rights and obligations of the parties regarding a casualty loss to the Property. Any
proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss
to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation
of all or a part of the property is a casualty loss.
19. DEFAULT:
A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law.
B. If Tenant fails to comply with this lease, Tenant will be in default and:
(1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant
with at least ten (10) days written notice to vacate;
(2) all unpaid rents which are payable during the remainder of this lease or any renewal
period will be accelerated without notice or demand; and
(3) Tenant will be liable for:
(a) any lost rent;
(b) Landlord’s cost of reletting the Property including but not limited to leasing
fees, advertising fees, utility charges, and other fees reasonably necessary to
relet the Property;
(c) repairs to the Property for use beyond normal wear and tear;
(d) all Landlord’s costs associated with eviction of Tenant, including but not
limited to attorney’s fees, court costs, costs of service, and prejudgment interest;
39
Page 9 of 11 LAC LEASE
(e) all Landlord’s costs associated with collection of amounts due under this lease,
including but not limited to collection fees, late charges, and returned check
charges; and
(f) any other recovery to which Landlord may be entitled by law.
C. Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section
24.005 of the Texas Property Code.
D. Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by
attempting to relet the Property to acceptable tenants and reducing Tenant’s liability
accordingly.
20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the
Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the
parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law,
or this Paragraph.
A. Early Termination Option: Tenant(s) in good standing (those who are in compliance
with the lease) have the option to terminate this lease prior to the normal end of term
or during any future renewal by providing the Landlord all of the following a) a
minimum 45 day written notice, b) providing the last date of occupancy and c)
submitting certified funds (Cashier’s Check, money orders or wire transfer) as an
“Early Termination Fee” in the amount of 150% of one month’s rent at the time notice
is provided. Rent will be prorated on a daily basis through the revised end of term.
Tenant is required to conform to all other terms of the lease or the Early Termination
Option will be forfeit and the tenant will be responsible for the full amount of rent as
allowed by the lease.
B. Assignment and Subletting:
(1) Tenant may not assign this lease or sublet the Property without Landlord’s
written consent.
(2) If Tenant requests an early termination of this lease under this Paragraph 20A,
Tenant may attempt to find a replacement tenant and may request Landlord to
do the same. Landlord may, but is not obligated to, attempt to find a replacement
tenant under this paragraph.
(3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion,
be acceptable as a tenant and must sign: (a) a new lease with terms not less
favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a
sublease with terms approved by Landlord; or (c) an assignment of this lease in
a form approved by Landlord.
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Page 10 of 11 LAC LEASE
(4) Unless expressly stated otherwise in an assignment or sublease, Tenant will not
be released from Tenant’s obligations under this lease because of an assignment
or sublease. An assignment of this lease or a sublease of this lease without
Landlord’s written consent is voidable by Landlord.
21. ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought
under or related to the transaction described in this lease is entitled to recover prejudgment interest,
attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing
party.
22. AGREEMENT OF PARTIES:
A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease
contains the entire agreement between Landlord and Tenant and may not be changed except
by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this
lease and their respective heirs, executors, administrators, successors, and permitted
assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease.
Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding
any term of this lease, its extension, its renewal, or its termination is binding on all Tenants
executing this lease.
D. Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other
right will not be deemed to be a waiver of any other breach by Tenant or any other right in
this lease.
E. Severability Clause: Should a court find any clause in this lease unenforceable, the
remainder of this lease will not be affected and all other provisions in this lease will remain
enforceable.
F. Controlling Law: The laws of the State of Texas govern the interpretation, validity,
performance, and enforcement of this lease. Venue for any action arising under this lease
shall lie in the state district and county courts of Denton County, Texas.
G. Signage. Tenant shall have the right to erect signs on any portion of the Property only in
accordance with applicable laws, ordinances, and regulations.
H. Taxes. Landlord shall be liable for any taxes levied or accessed against the Property,
excluding any taxes levied or assessed for any personal property, furniture, or fixtures
placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed
against any personal property, furniture or fixtures placed by Tenant on the Property.
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Page 11 of 11 LAC LEASE
Executed and agreed to this ___ day of ________, 2022.
_______________________________ ____________________________
Troy Powell President, Lakeside Community
City Manager, City of The Colony Theatre
Approved as to form:
_______________________________
Jeff Moore, City Attorney
42
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 MUNICIPAL BUILDING #5 LEASE
AGREEMENT WITH LAKESIDE COMMUNITY THEATER FOR
FISCAL YEAR 2022-23 OF PROPERTY LOCATED AT 6303 MAIN
STREET, THE COLONY, TEXAS; PROVIDING AN EFFECTIVE
DATE
WHEREAS, That the City Council of the City of The Colony, Texas, approved a
building use policy establishing guidelines for the use and rental of City facilities; and
WHEREAS, The Colony City Council has determined it to be in the best interest
of its citizens to enter into a Lease Agreement through September 30, 2023 with
Lakeside Community Theater to lease a portion of the property located at 6303 Main
Street, The Colony, Texas.
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 execute an Agreement with Lakeside Community Theater
for the use of a portion of the property located at 6303 Main Street, The Colony, Texas.
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER 2022.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
43
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Brant Shallenburger
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Government Center Lease
Agreement with American Legion Holley-Riddle Post 21 for the Fiscal Year 2022-23. (Shallenburger)
Suggested Action:
Attachments:
GC Lease Agreement - AL - 2022-23.pdf
Res. 2022-xxx American Legion HR Lease Agreement.pdf
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Page 1 of 11 LAC LEASE
GOVERNMENT CENTER LEASE AGREEMENT
___________________________________________________________________________
1. PARTIES: The parties to this lease are:
The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: American
Legion Holley-Riddle Post 21
2. PROPERTY: Landlord leases to Tenant the following real property:
A portion of the property at 6301 Main Street The Colony, TX 75056 more particularly
identified as area A in Exhibit “A”, referred to herein as the “Property”.
3. TERM:
Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term
of this Lease shall be for a period from October 1, 2022 (the “Commencement Date”), and end
at 11:59 p.m. on the date through September 30, 2023 (the “Expiration Date”) or on such earlier
date as this Lease may terminate as provided herein.
4. RENEWAL AND NOTICE OF TERMINATION:
A. Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of
their intention to renew the lease at the end of the current term.
B. Oral notice of termination is not sufficient under any circumstances. Time is of the essence
for providing notice of termination (strict compliance with dates by which notice must be
provided is required).
5. RENT:
A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each
full month during this lease. The first full month’s rent is due and payable not later than
October 1, 2022. Thereafter, Tenant will pay the monthly rent so that Landlord receives the
monthly rent on or before the first day of each month during this lease. Weekends, holidays,
and mail delays do not excuse Tenant’s obligation to timely pay rent.
B. Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the
following person or entity at the place stated below and shall make all payments payable to
the named person or entity. Landlord may later designate, in writing, another person or place
to which Tenant must remit amounts due under this lease.
Name: City of The Colony, Texas
Address: Parks and Recreation Department
5151 North Colony Boulevard, The Colony, TX 75056
C. Method of Payment:
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Page 2 of 11 LAC LEASE
(1) Tenant must pay all rent timely and without demand, deduction, or offset, except as
permitted by law or this lease.
(2) Time is of the essence for the payment of rent (strict compliance with rental due dates
is required).
(3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant
is not honored by the institution on which it was drawn, Landlord may require Tenant
to pay such amount and any subsequent amounts under this lease in certified funds.
This paragraph does not limit Landlord from seeking other remedies under this lease
for Tenant’s failure to make timely payments with good funds.
D. Rent Increases: There will be no rent increases through the primary term. Landlord may
increase the rent that will be paid through any subsequent term by providing at least 45 days
written notice to Tenant.
6. LATE CHARGES:
A. If Landlord does not actually receive a rent payment in the full amount at the designated
place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will
pay Landlord for each late payment:
(1) an initial late charge on the 5th day of the month equal to $10.00
and
(2) additional late charges of $5.00 per day beginning on the 6th day of the month until
rent and late charges are paid in full. Total late charges (initial and additional) may not
exceed $50.00 in any one month.
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt
for Landlord (the postmark date is not the date Landlord receives the payment). The parties
agree that the late charge is based on a reasonable estimate of uncertain damages to the
Landlord that are incapable of precise calculation and result from late payment of rent.
Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise
remedies under Paragraph 19.
7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to
Landlord which is returned or not honored by the institution on which it is drawn for any reason,
plus any late charges until Landlord receives payment. Tenant must make any returned check good
by paying such amount(s) plus any associated charges in certified funds.
8. SECURITY DEPOSIT:
A. Security Deposit: Tenant has previously paid Landlord a security deposit in the amount of
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Page 3 of 11 LAC LEASE
$360.00. “Security deposit” has the meaning assigned to that term in Section 92.102 of the
Texas Property Code.
B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may
place the security deposit in an interest-bearing or income-producing account and any
interest or income earned will be paid to Landlord or Landlord’s representative.
C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender
before Landlord is obligated to refund or account for the security deposit.
D. Deductions:
(1) Landlord may deduct reasonable charges from the security deposit for:
(a) damages to the Property, excluding normal wear and tear;
(b) costs for which Tenant is responsible to clean, deodorize, and maintain the
Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) replacing unreturned keys, garage door openers, security devices, or other
components;
(f) the removal of unauthorized locks or fixtures installed by Tenant;
(g) Landlord’s cost to access the Property if made inaccessible by Tenant;
(h) packing, removing, and storing abandoned property;
(i) removing abandoned or illegally parked vehicles;
(j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default;
(k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred
in any legal proceeding against Tenant;
(l) mailing or delivery costs associated with sending notices to Tenant for any
violations of this lease; and
(m) any other unpaid charges or fees or other items Tenant is responsible to pay under
this lease.
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(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within
10 days after Landlord makes written demand.
9. ACCESS BY LANDLORD:
Landlord shall have access to the building at all times in order to facilitate routine and
emergency maintenance, and necessary storage of any city property associated with the use
of the building.
10. MOVE-OUT:
A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same
or similar condition as when received, normal wear and tear expected. Tenant will leave
the Property in a clean condition free of all trash, debris, and any personal property. Tenant
may not abandon the Property.
B. Definitions:
(1) “Normal wear and tear” means deterioration that occurs without negligence,
carelessness, accident, or abuse outside of normal expectations associated with the
normal use of the facility.
(2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s
reasonable judgment, and one of the following events occurs:
(a) the date Tenant specifies as the move-out or termination date in a written notice
to Landlord has passed; or
(b) Tenant returns keys and access devices that Landlord provided under this lease.
(3) “Abandonment” occurs when all of the following occur:
(a) all occupants have vacated the Property, in Landlord’s reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of
the main entry door or if the Landlord is prevented from entering the Property
by affixing it to the outside of the main entry door, stating that Landlord
considers the Property abandoned, and Tenant fails to respond to the affixed
notice by the time required in the notice, which will not be less than 2 days from
the date the notice is affixed to the main entry door.
C. Personal Property Left After Move-Out:
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Page 5 of 11 LAC LEASE
(1) If Tenant leaves any personal property in the Property after surrendering or abandoning
the Property Landlord may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization; or
(c) store and sell such personal property by following procedures in Section
54.045(b)-(e) of the Texas Property Code
(2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10
C(1) for packing, removing, storing, and selling the personal property left in the
Property after surrender or abandonment.
11. PROPERTY MAINTENANCE:
A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be
deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must:
(1) keep the Property clean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and
other devices (of the same type and quality that are in the property on the
Commencement Date);
(4) take action to promptly eliminate any dangerous condition on the Property;
(5) take all necessary precautions to prevent broken water pipes due to freezing or other
causes;
(6) remove any standing water;
(7) know the location and operation of the main water cut-off valve and all electric breakers
and how to switch the valve or breakers off at appropriate times to mitigate any
potential damage; and
(8) promptly notify Landlord, in writing, of all needed repairs.
B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized,
such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other
fixtures, such fixtures will become the property of the Landlord. Except as otherwise
permitted by law, this lease, or in writing by Landlord, Tenant may not:
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Page 6 of 11 LAC LEASE
(1) remove any part of the property or any of Landlord’s personal property from the
Property;
(2) remove, change, add, or rekey any lock;
(3) make holes in the woodwork, floors, or walls, except that a reasonable number of small
nails may be used to hang pictures in sheetrock and grooves in paneling;
(4) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm
systems;
(5) keep or permit any material which causes any liability or fire and extended insurance
coverage to be suspended or canceled or any premiums to be increased;
(6) dispose of any environmentally detrimental substance (for example, motor oil or
radiator fluid) on the Property; or
(7) cause or allow any lien to be filed against any portion of the Property.
C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in
addition to exercising Landlord’s remedies under Paragraph 19, perform whatever action
Tenant is obligated to perform and Tenant must immediately reimburse Landlord the
reasonable expenses that Landlord incurs.
12. REPAIRS:
A. Repair Requests: All requests for repairs must be in writing and delivered to Designated
Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given,
Landlord is not obligated to make the repair.
B. Completion of Repairs:
(1) Tenant may not repair or cause to be repaired any condition listed in Paragraph
12(C)(1), regardless of the cause, without Landlord’s permission. All decisions
regarding repairs, including the completion of any repair, whether to repair or replace
the item, will be at Landlord’s sole discretion.
(2) Landlord is not obligated to complete a repair on a day other than a business day unless
required to do so by the Property Code.
C. Payment of Repair Costs: Repair costs will be paid as follows:
(1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair:
(a) a condition caused by the Landlord or the negligence of the Landlord;
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Page 7 of 11 LAC LEASE
(b) wastewater stoppages or backups caused by deterioration, breakage, roots,
ground condition, faulty construction, or malfunctioning equipment.
(c) a condition that adversely affects the health or safety of an ordinary tenant
which is not caused by Tenant, an occupant, a member of Tenant’s family, or a
guest or invitee of Tenant; and
(d) a condition in the following items which is not caused by Tenant or Tenant’s
negligence:
(1) heating and air conditioning systems;
(2) electrical repairs;
(3) damage to doors, windows, or screens
(4) water heaters; or
(5) water penetration from structural defects.
(2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair:
(a) a condition caused by Tenant, an occupant, a member of Tenant’s organization,
or a guest or invitee of Tenant (a failure to timely report an item in need of
repair or the failure to properly maintain an item may cause damage for which
Tenant may be responsible);
(b) damage from wastewater stoppages caused by foreign or improper objects in
lines that exclusively service the Property; and
(c) damage from windows or doors left open.
13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by
Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in
writing. Installation of additional security devices or additional rekeying or replacement of security
devices desired by Tenant will be paid by Tenant in advance and may be installed only by
contractors authorized by Landlord.
14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to
be equipped with smoke detectors in certain locations. Requests for additional installation,
inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally
damaging a smoke detector or removing a battery without immediately replacing it with a working
battery may subject Tenant to civil penalties and liability for damages and attorney fees under
Section 92.2611 of the Texas Property Code.
15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s
guests, members, or occupants for any damages, injuries, or losses to person or property caused
by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft,
burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental
contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus,
51
Page 8 of 11 LAC LEASE
etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any
loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s
guests, or any occupants.
16. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will
pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for
damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s
fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily
basis, and will be immediately due and payable daily without notice or demand.
17. SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject,
subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by
Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on
any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or
encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting
the Property.
18. CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code
governs the rights and obligations of the parties regarding a casualty loss to the Property. Any
proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss
to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation
of all or a part of the property is a casualty loss.
19. DEFAULT:
A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law.
B. If Tenant fails to comply with this lease, Tenant will be in default and:
(1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant
with at least ten (10) days written notice to vacate;
(2) all unpaid rents which are payable during the remainder of this lease or any renewal
period will be accelerated without notice or demand; and
(3) Tenant will be liable for:
(a) any lost rent;
(b) Landlord’s cost of reletting the Property including but not limited to leasing
fees, advertising fees, utility charges, and other fees reasonably necessary to
relet the Property;
(c) repairs to the Property for use beyond normal wear and tear;
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(d) all Landlord’s costs associated with eviction of Tenant, including but not
limited to attorney’s fees, court costs, costs of service, and prejudgment interest;
(e) all Landlord’s costs associated with collection of amounts due under this lease,
including but not limited to collection fees, late charges, and returned check
charges; and
(f) any other recovery to which Landlord may be entitled by law.
C. Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section
24.005 of the Texas Property Code.
D. Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by
attempting to relet the Property to acceptable tenants and reducing Tenant’s liability
accordingly.
20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the
Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the
parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law,
or this Paragraph.
A. Early Termination Option: Tenant(s) in good standing (those who are in compliance
with the lease) have the option to terminate this lease prior to the normal end of term
or during any future renewal by providing the Landlord all of the following a) a
minimum 45 day written notice, b) providing the last date of occupancy and c)
submitting certified funds (Cashier’s Check, money orders or wire transfer) as an
“Early Termination Fee” in the amount of 150% of one month’s rent at the time notice
is provided. Rent will be prorated on a daily basis through the revised end of term.
Tenant is required to conform to all other terms of the lease or the Early Termination
Option will be forfeit and the tenant will be responsible for the full amount of rent as
allowed by the lease.
B. Assignment and Subletting:
(1) Tenant may not assign this lease or sublet the Property without Landlord’s
written consent.
(2) If Tenant requests an early termination of this lease under this Paragraph 20A,
Tenant may attempt to find a replacement tenant and may request Landlord to
do the same. Landlord may, but is not obligated to, attempt to find a replacement
tenant under this paragraph.
(3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion,
be acceptable as a tenant and must sign: (a) a new lease with terms not less
favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a
53
Page 10 of 11 LAC LEASE
sublease with terms approved by Landlord; or (c) an assignment of this lease in
a form approved by Landlord.
(4) Unless expressly stated otherwise in an assignment or sublease, Tenant will not
be released from Tenant’s obligations under this lease because of an assignment
or sublease. An assignment of this lease or a sublease of this lease without
Landlord’s written consent is voidable by Landlord.
21. ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought
under or related to the transaction described in this lease is entitled to recover prejudgment interest,
attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing
party.
22. AGREEMENT OF PARTIES:
A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease
contains the entire agreement between Landlord and Tenant and may not be changed except
by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this
lease and their respective heirs, executors, administrators, successors, and permitted
assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease.
Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding
any term of this lease, its extension, its renewal, or its termination is binding on all Tenants
executing this lease.
D. Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other
right will not be deemed to be a waiver of any other breach by Tenant or any other right in
this lease.
E. Severability Clause: Should a court find any clause in this lease unenforceable, the
remainder of this lease will not be affected and all other provisions in this lease will remain
enforceable.
F. Controlling Law: The laws of the State of Texas govern the interpretation, validity,
performance, and enforcement of this lease. Venue for any action arising under this lease
shall lie in the state district and county courts of Denton County, Texas.
G. Signage. Tenant shall have the right to erect signs on any portion of the Property only in
accordance with applicable laws, ordinances, and regulations.
H. Taxes. Landlord shall be liable for any taxes levied or accessed against the Property,
excluding any taxes levied or assessed for any personal property, furniture, or fixtures
54
Page 11 of 11 LAC LEASE
placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed
against any personal property, furniture or fixtures placed by Tenant on the Property.
Executed and agreed to this ___ day of ________, 2022.
_______________________________ ____________________________
Troy Powell Commander, American Legion Holley-
City Manager, City of the Colony Riddle Post 21
Approved as to form:
_______________________________
Jeff Moore, City Attorney
55
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 GOVERNMENT CENTER LEASE AGREEMENT
WITH AMERICAN LEGION HOLLEY-RIDDLE POST 21 FOR
THE FISCAL YEAR 2022-2023 FOR A PORTION OF PROPERTY
LOCATED AT 6301 MAIN STREET, THE COLONY, TEXAS;
PROVIDING AN EFFECTIVE DATE
WHEREAS, That the City Council of the City of The Colony, Texas, approved a
building use policy establishing guidelines for the use and rental of City facilities; and
WHEREAS, The Colony City Council has determined it to be in the best interest
of its citizens to enter into a Government Center Lease Agreement through September
30, 2023 with American Legion Holley-Riddle Post 21 to lease a portion of the property
located at 6301 Main Street, The Colony, Texas.
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 execute an Agreement with American Legion Holley-
Riddle Post 21 for the use of a portion of the property located at 6301 Main Street, The
Colony, Texas.
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER 2022.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
56
Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $71,487.00 with URETEC USA, Inc. for roadway lifting services on Ladybank, Hanover Court and
Lochside in the Tribute. (Hartline)
Suggested Action:
Background:
City Council approved funding for miscellaneous drainage and erosion control projects in the 2021/2022 CIP
budget. Engineering staff received complaints from residents on Ladybank, Hanover Court and Lochside about
large areas of standing water that remain in-place on the roadway in front of their homes after rain events and
noted that the street does not drain properly. City Staff visited the sites and confirmed that large water ponding
areas existed at certain locations on these streets that need to be addressed (see attached photos). These
three roadways are part of the larger project for roadway drainage improvements in the Tribute subdivisions, but
these specific projects can only be repaired by lifting the pavement to remove the low spots and restore gutter
line drainage. Half of the project cost will be reimbursed by the Tribute HOA upon completion of the work by the
City.
To attempt to save the streets and avoid major reconstruction costs, city staff met with URETEK USA, Inc.
(URETEK) to determine if their firm could lift these areas and restore adequate street drainage. URETEK
reviewed the areas and indicated they could lift these areas. URETEK recently performed similar lifting work on
Avondale Court, Kennoway, Montrose and Alta Oaks Lane for the city.
City Staff received a proposal from URETEK USA, Inc., a BuyBoard Purchasing Cooperative vendor, to lift the
settled areas which includes all the necessary materials and equipment to complete the roadway lifting
necessary at these locations. The proposal is for soil densification to strengthen base and sub-base soils under
the concrete pavement by furnishing and injecting expansive URETEK 486 STAR polymer polyurethane
material into the foundation soils beneath the pavement through holes and/or injection tubes. URETEK will drill
out the top 2” of grout injection holes and fill with a non-shrink cementitious grout and will provide a two-year
unconditional warranty against settlement of more than 1/2” of the injected areas.
Recommendation:
URETEK USA recently performed work on Avondale Court, Kennoway, Montrose and Alta Oaks Lane and city
staff were very satisfied with the work completed. City staff also checked the references for this firm and
received positive feedback from both the City of Garland and North Gate Constructors and recommends
approval of the contract with this company. With approval, the project is anticipated to start construction in
September 2022 with an estimated completion in November 2022.
Attachments:
57
Location Map
URETEK USA Proposal- Tribute Pavement Lifting
Photo 1. Ladybank
Photo 2. Ladybank
Photo. Lochside
Photo. Hanover Court
FINANCIAL SUMMARY.pdf
Res. 2022-xxx URETEK USA, Inc. Construction Services Contract.pdf
58
LebanonPineIveyWaverly
W esternBanks ide
Rich mo n d
M illb a n kPaisleySto
nefield
L a d y b a n k
A d e la id e
Lochside K e n n o w a yLittle MillBra ema r
D
arcy
Kirkfield
Dun v er n y
L i n k s InvernessStrathmillAvonda le
Prescott
Isle of SkyeHalifaxDunbar
A be r de enRegentMitchell
Sp e yb u rn
Balmerino Bonny BankHuntlyMillburn
H a n o v e r
BirmingtonLindsay GardensManchester
Nottingham
WindsorMo n tr ea u x
London
D o v e r
Linkwood
KingsbarnsNo
r
ma
n
d
yBurnleyAmesburyAshley G ardensBallaterBlackhallWarrington
WakefieldRosebankBlackburnCallanderCrait BridgeBowmareB
r
o
ml
e
yBuccaneer
Balbirnie
D o r s e tMarlow Jack's BankKentmere
Glenturret
C a n t e r b u r y
Kilt BridgeGlenwickDalvey Bridge
InvernessLebanonµLocation MapLadybank, Hanover Court and Lochside Roadway Lifting Projects
3317 Lochside Drive
3611 Hanover Court
3645 Ladybank
59
60
61
62
63
64
65
66
67
68
FINANCIAL SUMMARY:
Are budgeted funds available: Yes Amount budgeted: $ 400,000.00
Source of Funds: 2021-2022 CIP Budget
710-669-6421-2273 - Miscellaneous drainage and erosion control projects
(Tribute HOA will reimburse the city half the cost ( $35,743.50)
Cost of recommended construction services contract award: $ 71,487.00
Total estimated project cost:
$ 0.00 Engineering Already authorized Yes No
$ 71,487.00 Construction Already authorized Yes No
$ 71,487.00 Total estimated costs
69
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 CONSTRUCTION SERVICES CONTRACT BETWEEN THE
CITY OF THE COLONY AND URETEK USA, INC., FOR ROADWAY
LIFTING SERVICES ON LADYBANK, HANOVER COURT AND
LOCHSIDE IN THE TRIBUTE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council has determined that it is in the best interest of the citizens
to award a bid to URETEK USA, INC., for roadway lifting services on Ladybank, Hanover Court
and Lochside in the Tribute; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1. That the City Manager of the City of The Colony, Texas is hereby awards a bid to
URETEK USA, INC., in the amount of $71,487.00 for such work.
Section 2. That the City Manager or his designee is authorized to issue the appropriate
purchase order(s) in accordance with the bid award.
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 THE 6th DAY OF SEPTEMBER 2022.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
70
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution amending the Fiscal Year 2021-2022 Master Fee Schedule for the
Fiscal Year 2022-2023, effective October 1st 2022. (Miller)
Suggested Action:
Attachments:
FY 2023 Master Fee Schedule.pdf
FY 2023 Development Services Master Fee Schedule.pdf
Res. 2022-xxx Master Fee Schedule.pdf
71
Master Fee Schedule
October 01, 2022 -September 30, 2023
72
Annual Permits
Donation Box
Donation Box - Annual Permit Fee Not Required as of 10/01/15
Rental Inspection - per unit inspected - (Multi-Family) - Program Suspended
First Inspection = $5
Follow-up re-inspection = no fee
Third re-inspection = $100
Fourth re-inspection = $250
Fifth and subsequent re-inspections = $500 each
Rental Registration & Inspection - Suspended at this time
Rental Registration - Suspended at this time $5 per unit annually
Rental Inspection - per unit inspected - Program Suspended
First Inspection = $50
Follow-up re-inspection = no fee
Third re-inspection = $100
Fourth re-inspection = $250
Fifth and subsequent re-inspections = $500 each
Donation Box - Relocation Permit Fee Not Required as of 10/01/15
Newspaper Box
Newspaper Box - Annual Permit Fee Not Required as of 10/01/15
Newspaper Box - Relocation Fee Not Required as of 10/01/15
Commercial Cell Tower $100
Flagpole Installation (over 20' in height)$50
Demolition $75
New Residential Home Permits
(NEW CONSTRUCTION)
Residential Building Permit $1.01 PER SQUARE FOOT
Other Building Permits
Accessory Structure $0.159 per sq ft (minimum $50)
Late Rental Registration - Program Suspended $10 per unit
Late Rental Inspection - Program Suspended $100 per unit
Commercial & Multi-Family Permits
(NEW CONSTRUCTION)
Commercial Building Permit
Valuation and fee determined per the "Square Foot
Construction Costs" table provided each August by the
International Code Council with a permit fee multiplier of
0.0090 (See TABLE 2)
Commercial Tree Removal $50.00 + $100.00 for each protected tree
to be removed
Other required permits not specifically listed $10 per $1,000 value ($100 minimum)
Miscellaneous
Archiving Fee $5 per page
Remodel, Addition or Finish Out $0.159 per sq ft (minimum $50)
Re-roofing - Multi-Family / Commercial $10 per $1,000 value ($100 minimum)
Re-roofing - Single Family (replace decking)$75
Temporary Commercial Structure $100
Manufactured Home Inspection $275
Manufactured / Modular Home Moving Permit $100
Organization Event Sign Permit $15 each
Tent, Bounce House, Climbing Wall $50 each
Small Copies (up to 8 1/2" X 14")$.10 per page
After Hours Inspection (At the discretion of the Building Official.)$100 per hour (2 hour maximum)
Holiday Inspection
(At the discretion of the Building Official, includes weekends in conjunction with holidays.)$200 per hour (2 hour maximum)
Special Event Permit $25 each
Work Performed without a Permit Schedule fee doubled
Re-inspection $75
Same Day Inspection (At the discretion of the Building Official.
During Business Hours.$50 per hour (2 hour maximum)
Copies (11" X 17" or greater)$.50 per page
Color Copies larger than 11" X 17"$1 per square foot
73
Fence 1 lot: $50
Subdivision: $50.00 plus $0.25 per linear foot
Retaining Wall $75
Mechanical Permit
Electric Permit
Electrical Permit $10.00 for every $1,000 value ($100 minimum)
Temporary Power Pole/Clean & Show $50
Fencing/Retaining Wall Permit
Building Permits
Spray Park / Splash Zone $200
Hot Tub or Spa $150
Sign Permit
Banner Sign 0 - 29.99 sq ft = $30
30 - 48 sq ft - $45
New Lawn Sprinkler System & Backflow Test $125
Plumbing Permit $10.00 for every $1,000 value ($100 minimum)
Pool/Spa Permit
In Ground / Above Ground Swimming Pool $200
Mechanical Permit $10.00 for every $1,000 value ($100 minimum)
Plumbing Permit
Annual Backflow Inspection Report $50 per device annually
Backflow Repair / Replacement Permit $75
Billboard - Annual Renewal $150
Certificate of Occupancy
Certificate of Occupancy $75
Temporary Certificate of Occupancy $75
Signage license agreement review $100
Inflatable Sign $45
Billboard - Registration $75
Sign Permit
0 - 24,99 sq ft = $30
25 - 49.99 sq ft = $45
50 - 99.99 sq ft = $60
100 - 299.99 sq ft = $125
300 - 399.99 sq ft = $200
400 - sq ft and up = $300
Multi-Family Plan Review 25% of building permit fee
Application Fee / Non-Refundable Plan Review Fee
(to be paid at time of application)$50
Residential Plan Review $100
Building Plan Review
Accessory Structure $50 or 25% of building permit fee,
whichever is greater
Remodels $50 or 25% of building permit fee,
whichever is greater
Commercial Plan Review 25% of building permit fee
Operating a business without a C of O Scheduled fee doubled
Re-Inspection Fee - Building Inspections $75
Re-inspection Fee - Fire/Annual Fire Co Inspection $75
Foster & Group Home - Annual Fire Inspection $50
Fire Re-Inspection $75 for the first
$150 for the second
Storage Tanks Above Ground - $100
Underground - $150
**General Contractor shall include, but not to be limited to, the following contractors: commercial,
residential, moving, pool, fence, sign, demolition, foundation, remodeling, etc.
Fire Plan Review/Permit
Mobile Food Truck/Trailer Fire Inspection $75
State Mandated Fire Inspection $75
Sign Plan Review $20
Plan Amendment Fee $100
Contractor License/Registration
General Contractor**$75 per registration annually
Solar Review & Inspection $75
Fire Line Permit $225
Fire Alarm Permit Fee
(Based on the number of signal initiating devices)
1 - 25 devices = $150
26 - 50 devices = $200
51 - 75 devices = $250
76 - 100 devices = $325
101 devices = $350
+$.75 per device over 100
74
Fire Plan Review/Permit (con't)
Fire Sprinkler Permit
(Based on the number of sprinkler heads)
1 - 100 sprinkler heads = $175
101 - 200 sprinkler heads = $200
201 - 300 sprinkler heads = $225
301 - 400 sprinkler heads = $250
401 - 500 sprinkler heads = $300
over 500 sprinkler heads = $250
+ $.25 per sprinkler over 500
Special Locks $100
Shoreline Mitigation Fees
MUZ Permit $20
Narrow Shoreline Variance Permit $25 + Mitigation Fees
BDA (Bi-Directional Antennae) ERRCS (Emergency Radio Responder Coverage System)$140
Vent Hood Permit $100 - first hood
$50 - each additional
Working without a permit Double permit fee
Fire Panel Replacement Only $100
Fire Plan Review $175
Plan Review Re-submittal $200
50 - 99.99 acres or portion thereof = $1,250
100+ acres = $200 + $12 per acre
PD Amendment $375
Site Plan Amendment Review $100
Zoning
Annexation Newspaper Notice Cost ($400 minimum)
Annexation Petition $500
Zoning Amendments, Planned Developments, Specific Use Permits, Site Plan
0 - 4.99 acres or portion thereof = $375
5 - 9.99 acres or portion thereof = $650
10 - 24.99 acres or portion thereof = $825
25 - 49.99 acres or portion thereof = $1,000
Irrigation Permit $20
Combine MUZ, NSV, and Irrigation $35 + Mitigation Fees
Renewal Permits $20
Permit for Sexually Oriented Business $500 annual permit
Platting
Preliminary Plat
Single Family / Duplex = $375 + $15 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250
+ $72 per acre or portion thereof
Gateway Standards Waiver $350
Zoning Verification Letter $50 per property (within 7 business days)
$70 per property (within 3 business days)
Public Hearing Sign Deposit $35 per sign
SUP Amendment $375
Special Exception $350
Variance Application $350
General Development Plat $50 per acre or portion thereof
Street Address Change/Street Name Change
1 - 5 addresses = $100
6 - 10 addresses = $225
11 + addresses = $400
Minor Plat $300 + $10 per acre or portion thereof
Conveyance Plat
Single Family / Duplex = $375 + $15 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250 + $72 per acre or portion thereof
Final Plat / Amending Plat
Single Family / Duplex = $375.00 + $15.00 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250
+ $72 per acre or portion thereof
Replat
Single Family / Duplex = $375 + $15 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250 + $72 per acre or portion thereof
Plat Extension $100
Vacating Plat $250
Fire Communicator Replacement Only $100
75
2" Tap & Meter $1,200
3" Tap Only $1,625
4" Tap Only $1,895
3/4" Tap & Meter $595
1" Tap & Meter $730
1.5" Tap & Meter $1,085
Water Meter
5/8" Tap & Meter $475
6" Sewer Tap $865
8" Sewer Tap $1,410
10" Sewer Tap $2,220
When a paved road must be bored to make tap $500
Tap & Meter fee includes a service connection from main line to meter within (50) feet. Connections
greater than fifty (50) feet shall include a "per foot" fee.$20 per foot
Sewer/Fire Line Tap
4" Sewer Tap $570
6" Tap Only $2,415
8" Tap Only $3,210
10" Tap Only $4,270
4" Fire Line Tap $1,895
6" Fire Line Tap $2,415
8" Fire Line Tap $3,210
10" Fire Line Tap $5,000
76
* The Tribute Subdivision has a Developer's Agreement authorizing all new fees. NOTE: Turbine
meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees.
5/8" X 3/4" Meter $768 $990
3/4" Meter $1,152 $1,089
$3,840 $3,663
2" Compound Meter $6,144 $5,940
2" Turbine Meter $6,144 $5,940
3" Turbine Meter $13,440 $12,969
4" Compound Meter
3" Compound Meter $12,288 $11,880
1" Meter $1,920 $1,782
1.5" Meter
METER SIZE WATER IMPACT FEE SEWER IMPACT FEE
Water & Sewer Impact
(Property final platted after September 30, 2007) *ENTIRE CITY EXCEPT THE TRIBUTE SUBDIVISION*
METER SIZE WATER IMPACT FEE SEWER IMPACT FEE
5/8" PD
Water & Sewer Impact
(Property final platted after December 1, 2020)
8" Compound Meter $132,240 $65,200
8" Turbine Meter
6" Turbine Meter $152,076 $74,980
3" Turbine Meter $39,672 $19,560
4" Compound Meter $41,325 $20,375
4" Turbine Meter $69,426 $34,230
6" Compound Meter $82,650 $40,750
$61,440 $59,400
8" Turbine Meter $92,160 $89,100
10" Compound Meter $88,320 $85,338
$19,200 $18,513
4" Turbine Meter $24,192 $23,364
6" Compound Meter $38,400 $37,125
$13,224 $6,520
Water & Sewer Impact
(Property final platted after October 1, 2007)
METER SIZE WATER IMPACT FEE
10" Turbine Meter $145,920 $141,075
6" Turbine Meter $53,760 $51,975
8" Compound Meter
$264,480 $130,400
10" Turbine Meter $413,250 $203,750
NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees.
2" Turbine Meter $16,530 $8,150
3" Compound Meter $26,448 $13,040
SEWER IMPACT FEE
5/8" X 3/4" Meter $1,653 $815
3/4" Meter $2,480 $1,223
$4,133 $2,038
1.5" Meter $8,265 $4,075
2" Compound Meter
1" Meter
3" Compound Meter $8,288 $64,544
3" Turbine Meter $12,432 $96,816
2" Compound Meter $4,144 $32,272
2" Turbine Meter $5,180 $40,340
$518 $4,034
3/4" PD $777 $6,051
1" PD $1,295 $10,085
$4,144 $32,272
1 1/2" PD $2,590 $20,170
2" PD
8" Compound Meter $41,440 $322,720
8" Turbine Meter $82,880 $645,440
6" Compound Meter $25,900 $201,700
6" Turbine Meter $47,656 $371,128
4" Compound Meter $12,950 $100,850
4" Turbine Meter $21,756 $169,428
10" Turbine Meter $129,500 $1,008,500
NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees.
77
ITE Land 2016
Use Code Fees
030 6,183$
110 916$
120 642$
130 802$
150 302$
151 245$
210 944$
220 585$
230 491$
240 557$
251 255$
252 236$
254 208$
310 455$
320 356$
432 949$
430 227$
495 1,452$
465 1,791$
431 250$
445 2,061$
491 2,542$
560 274$
565 3,424$
522 80$
530 64$
540 59$
550 85$
630 2,694$
610 677$
620 114$
640 1,711$
3.88
2.72
3.40
1.28
1.04
Roadway Impact Fees - Page 1
Veh-Mi Per
Dev-Unit
26.20
General Light Industrial
Truck Terminal
PORT AND TERMINAL
Land Use Category
INDUSTRIAL
14.51
0.34
0.27
0.25
0.96
8.81
7.59
1.06
43.85
10.77
0.88
1.93
1.51
4.02
4.00
2.48
2.08
2.36
1.08
1.00Senior Adult Housing-Attached
Industrial Park
Warehousing
Mini-Warehouse
General Light Industrial
RESIDENTIAL
1,000 SF GFA
1,000 SF GFA
Students
Students
Students
Students
1,000 SF GFA
1,000 SF GFA
Hole
Screens
Court
Room
Room
Tee
Acre
1,000 SF GFA
Beds
Dwelling Unit
Development
Unit
Acre
1,000 SF GFA
Assisted Living
LODGING
Hotel
Motel / Other Lodging Facilities
RECREATIONAL
Golf Driving Range
Single-Family Detached Housing
Apartment/Multi-family Dwelling Unit
Dwelling Unit
Dwelling Unit
Dwelling Unit
Dwelling Unit
Beds
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
Residential Condominium/Townhome
Mobile Home Park/Manufactured Housing
Senior Adult Housing-Detached
University / College
MEDICAL
Clinic
Hospital
Nursing Home
Animal Hospital / Veterinary Clinic
INSTITUTIONAL
Church
Day Care Center
Primary / Middle School (1 - 8)
High School
Junior / Community College
Golf Course
Recreational Community Center
Ice Skating Rink
Miniature Golf Course
Multiplex Movie Theater
Racquet / Tennis Club
Beds
1,000 SF GFA
0.36
19.55
5.36
0.83
12.46
1.16
78
ITE Land 2016
Use Code Rates
714 772$
710 821$
720 2,050$
715 954$
750 827$
942 898$
843 1,510$
944 664$
945 486$
946 485$
841 936$
941 1,379$
947 274$
848 1,604$
934 5,716$
933 4,315$
932 2,055$
931 1,385$
937 4,251$
815 1,570$
817 1,178$
862 759$
880 1,947$
881 1,947$
820 1,097$
850 2,963$
864 1,547$
875 552$
896 3,012$
911 2,912$
912 5,662$
918 406$
Roadway Impact Fees - Page 2
Veh-Mi Per
Dev-UnitLand Use Category
13.45
10.05
30.75
3.57
3.66
5.87
8.72
1.99
8.37
5.92
5.22
9.54
4.83
5.64
5.96
14.28
6.961,000 SF GFA
1,000 SF GFA
Dining
1,000 SF Occ GLA
1,000 SF GFA
12.34
29.86
1.72
Development
Unit
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
7.87
19.51
11.23
4.21
21.86
11.21
15.62
3.90
12.69
16.25
39.10
31.31
Office Park
COMMERCIAL
Automobile Related
Automobile Care Center
Automobile Parts Sales
Gasoline / Service Station
OFFICE
Corporate Headquarters Building
General Office Building
Medical - Dental Office Building
Single Tenant Office Building
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
Vehicle Fueling Position
Vehicle Fueling Position
Vehicle Fueling Position
Other Retail
Free-Standing Discount Store
Nursery (Garden Center)
Home Improvement Superstore
Pharmacy/Drugstore w/o Drive Thru Window
Pharmacy/Drugstore w/Drive Thru Window
1,000 SF GFA
Drive-in Lanes
1,000 SF GLA
Fast Food Restaurant w/ Drive-Thru Window
Fast Food Restaurant w/out Drive-Thru
High Turnover (Sit-Down) Restaurant
Quality Restaurant
Coffee/Donut Shop w/Drive-Thru Window
Gasoline / Service Station w/ Conv Market
Gasoline / Service Station w/ Conv Market and Car Wash
New Car Sales
Quick Lubrication Vehicle Shop
Self - Service Car Wash
Tire Store
1,000 SF GFA
Servicing Positions
Stall
Walk-In Bank
Drive-in Bank
Hair Salon
Shopping Center
Supermarket
Toy/Children's Superstore
Department Store
Video Rental Store
SERVICES
79
80
Office Creek Drainage Impact Fees & Map
$231.52/lotResidential
$231.52/ERU*Non-Residential
*ERU is an equivalent residential unit and is equal to 3,406 square feet of impervious area.
81
82
83
Group (2018 International Building
Code)IA IB IIA IIB IIIA IIB IV VA VB
A-1 Assembly, theaters, with stage 247.86 239.47 233.25 223.81 210.17 204.10 216.62 195.46 188.40
A-1 Assembly, theaters, without
stage
227.10 218.71 212.49 203.05 189.41 183.34 195.86 174.70 167.65
A-2 Assembly, nightclubs 191.96 186.56 182.12 174.70 164.94 160.39 168.64 149.29 144.33
A-2 Assembly, restaurants, bars,
banquet halls
190.96 185.56 180.12 173.70 162.94 159.39 167.64 147.29 143.33
A-3 Assembly, churches 229.69 221.30 215.08 205.64 192.37 187.27 198.45 177.66 170.60
A-3 Assembly, general, community
halls, libraries, museums 192.20 183.41 176.59 168.15 153.51 148.44 160.96 138.80 132.75
A-4 Assembly, arenas 226.10 217.71 210.49 202.05 187.41 182.34 194.86 172.70 166.65
B Business 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08
E Educational 209.90 202.64 196.82 188.34 175.49 166.60 181.86 153.45 148.75
F-1 Factory and industrial,
moderate hazard
117.60 112.19 105.97 101.84 91.54 87.26 97.61 75.29 70.95
F-2 Factory and industrial, low
hazard
116.60 111.19 105.97 100.84 91.54 86.26 96.61 75.29 69.95
H—1 High Hazard. explosive 109.99 104.58 99.35 94.22 85.14 79.87 89.99 68.89 N.P.
H234 High Hazard 109.99 104.58 99.35 94.22 85.14 79.87 89.99 68.89 63.56
H-5 HPM 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08
I -1 lnstîtutional. supervised
environmœt
197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33
I-2 lnstîtutional. hospitals 335.53 328.23 321.81 312.65 296.45 N.P.305.67 276.99 N.P.
I-2 Institutional. nursing homes 233.12 225.82 219.40 210.24 195.51 N.P.203.26 176.05 N.P.
I-3 Institutional, restrained 227.71 220.41 213.99 204.83 190.84 183.78 197.85 171.37 163.02
I-4 Institutional. day care facilities 197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33
M Mercantile 142.95 137.54 132.11 125.68 115.38 111.83 119.62 99.73 95.77
R-1 Residential, hotels 199.70 192.92 186.99 179.78 164.90 160.43 179.93 148.60 143.96
R-2 Residential, multiple family 167.27 160.49 154.56 147.35 133.71 129.23 147.50 117.40 112.76
R-3 Reidential, one- and two-family
d
155.84 151.61 147.83 144.09 138.94 135.27 141.72 130.04 122.46
R-4 Residential, care/assisted living
facilities
197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33
S-1 Storage, moderate hazard 108.99 103.58 97.35 93.22 83.14 78.87 88.99 66.89 62.56
S-2 Storage, low hazard 107.99 102.58 97.35 92.22 83.14 77.87 87.99 66.89 61.56
U Utility. miscellaneous 84.66 79.81 74.65 71.30 64.01 59.80 68.04 50.69 48.30
a. Private Garages use Utility, miscellaneous
b. For shell only buildings deduct 20 percent
c. N.P. = not permitted
d. Unfinished basements (Group R-3) =
$22.45 per sq. ft.
Square Foot Construction Costs A,B,C
TO CALCULATE FEE = MULTIPLY GROSS SQUARE FEET BY
$ AMOUNT ABOVE BY PERMIT FEE MULTIPLIER (CURRENTLY 0.0090)
Example -
Type II-B Retail (Mercantile) with 3,800 sq. ft. of floor space would be calculated as:
3,800 X $125.68 X 0.0090 = $4,298.25 Table 2 - Square Foot Construction Costs84
GENERAL FUND
Permits
Floodplain Development Permit
< 3 acres $200
> 3 acres $300
Well Drilling Permit
> 1,000 linear feet stream or shoreline $500
Grading Permit
Single Family Residential Lot $40
Single Family Residential Lot $100
< 300 linear feet stream or shoreline $300
300 - 1,000 linear feet stream or shoreline $400
Water well - non-residential $250
Network Node Fees
Annual public right of way use fee $250 per network node/year
Test well $50
Irrigation well $250
Water well - residential $100
Monitor well $50
De-watering well $50
Injection well $250
Administrative Fee - Commercial (4+)$200
Health Permits
Annual Health Permits:
Late Payment of Health Permit:
Code Enforcement Fees
Administrative Fee - Residential (1 thru 4)$100
Administrative Fee - Residential (5+)$150
Administrative Fee - Commercial (1 thru 3)$100
Network provider connect network node to network fee $28 per node per month
Pole attachment rent (network node on service pole)$20/pole/year
Permit application fee
$500/node (first 5 network nodes)
$250/node for each additional
$1,000/pole for each
Warehouse/Distribution/Catering (<2,000 sq. ft. GFA)$350
Warehouse/Distribution/Catering (>2,000 sq. ft. GFA)$550
Convenience Store $265
Grocery Stores (>8,000 sq. ft. GFA)$550
Restaurants (<2,000 sq. ft. GFA)$350
Restaurants (>2,000 sq. ft. GFA)$550
1 to 5 days late 50% of health permit fee
6 or more days late 100% of health permit fee
Grocery Stores (<8,000 sq. ft. GFA)$350
Mobile Food Cart $250
Limited Food Cart (Pre-packaged)$100
Limited Food Cart (Potentially Hazardous)$150
Temporary Permits (14 days or less)$50 per event / per vendor
Mobile Truck (Hot Food)$200
Mobile Truck (Cold Food)$150
Convenience Store (with deli)$320
Child Care Facilities $200
Seasonal Permits (6 months)$100
After Hours Inspection (at the discretion of the Health Inspector)$100 per hour (two hour minimum)
Holiday Inspection (at the discretion of the Health Inspector, includes weekends in conjuction with $200 per hour (two hour minimum)
Pre-Opening/Change of Ownership Fee $75
Replacements Health Permit $5/ea
Public/Semi-Public Swimming Pool/Spa/Splash Zone Inspection $150 first and $100 each additional
Same Day Inspection (at the discretion of the Health Inspector)$50 per hour (2 hour minimum)
Plan Review $150
Registered Food Service Manager $30 biennially
Replacement RFSM Certificate $5/ea
* Fees may be reduced up to 50% for non-profit organizations upon approval from the City Manager or his designee.
Municipal Court
NSF check returned fee per incident $25
Expunction Filing Fee $100
Miscellaneous
Small Copies (Up to 8.5 " x 14")$.10 Per Page
Copies (11" x 17" or Greater)$.50 Per Page
Color Copies Larger than 11" x 17"$1 Per Square Foot
Reinspection Fee (Facility initiated)$100
Re-Inspection Fee (Required if score is 75 or less)$75
Operating without a permit Scheduled fee doubled
Court fine payments online/over the phone $2.50
Finance
Administrative Fee - Insurance Claims $500/Each Claim
85
Advanced Life Support (2) (ALS2)$1,000 - Resident
$1,100 - Non-Resident
Basic Life Support (BLS) Emergencies $800 - Resident
$850 - Non-Resident
Ambulance Calls $550 - Resident
$650 - Non-Resident
Mileage $15
Advanced Life Support (ALS) Emergencies $900 - Resident
$900 - Non-Resident
Fire & Ambulance
New Subscribers $96/year - $8/month
Special Events
Paramedic Rate $52.40/hr
Oxygen $50
Ambulance Subscription Service
Existing Subscribers $60/year - $5/month
Specialized Critical Care (SCT)$900 - Resident
$1,100 - Non-Resident
Advanced Life Support (ALS) Disposables $200 - Non-Resident
Basic Life Support (BLS) Disposables $150 - Non-Resident
Graphic Novel $17, plus $5 proc fee
Adult Fiction (hardbound)$27, plus $5 proc fee
Adult Fiction (paperbound)$15, plus $5 proc fee
Book (according to classification):
E /J FIC /YA FIC $17, plus $5 proc fee
YA FIC (paperbound)$15, plus $5 proc fee
Supervisor Rate $65.11/hr
Commander Rate $75.65/hr
Library
Restitution for lost/ruined materials:
Board books $7, plus $2 proc fee
Magazine $5, plus $2 proc fee
Mass market paperback $8, plus $2 proc fee
LP Non-Fiction (paperbound)$18, plus $5 proc fee
Non-Fiction (hardbound)$27, plus $5 proc fee
Non-Fiction (paperbound)$18, plus $5 proc fee
LP Fiction (hardbound)$27, plus $5 proc fee
LP Fiction (paperbound)$20, plus $5 proc fee
LP Non-Fiction (hardbound)$27, plus $5 proc fee
MP3 $20, plus $5 proc fee
Playaway audiobook $60, plus $5 proc fee
Cassette player $30, plus $2 proc fee
Compact disc $15/piece plus $5 proc fee
Movies (disc)$20, plus $5 proc fee
TV series (disc)$10/disc, plus $5 proc fee
Children's kit (CD & book)$20, plus $5 proc fee
Activity kits Actual cost, plus $5 proc fee
Audiobooks & kits (CD)$10/piece up to a maximum of $100 per cataloged item, plus
$5 proc fee
Other items Minimum: $0.25
Maximum: 3/4 lost/ruined fee
Partial loss (piece missing)Minimum% of lost/ruined fee
Return equipment in drive-up drop:
Restitution for repairable damage:
Inter-library loan material Minimum: $0.25
Maximum: Assigned by owning agency
Equipment Minimum: $0.25
Maximum: Repair cost, plus shipping &
Fishing gear $20, plus $5 proc fee
Equipment Actual cost, plus $10 proc fee
Inter-library loan material Assigned by owning agency
Postage to return Actual cost
Photocopy fee $.10 per copy
Printing fee (grayscale)$.10 per page
Replacement library card $2
Inter-library loan service:
Photocopy charges Assigned by owning agency
1st offense $10 fine (per item), plus warning
2nd offense $10 fine (per item), plus revocation of
Loss or damage to processing materials Current catalog price
Heat transfer vinyl $1.50 per 6" sq
Transfer tape $.25 per 6" sq
3D printing fee $.10 per gram; $1 minimum
Printing fee (color)$.25 per page
Fax fee $.50/page; $5 maximum
Adhesive vinyl $1 per 6" sq.
86
Animal Services
Adoption fee $95
Impound fees
1st impound $25
Release of ownership & pickup fee $45
Sheltering fee $10/night/animal
Euthanasia fee (includes surrender & disposal)$65
Live Traps $50 Refundable Deposit Fee,
if in working order
Microchip $15
Release of ownership fee $20/animal
2nd impound of the same animal $60
3rd impound of the same animal $85
4th impound and all subsequent of same animal $115
Prohibited animals $150
Permanent permit fee $500/year
City Secretary
Scanner fee $5
Deceased animal - remains disposal fee $25
Home quarantine fee $25
Shelter quarantine fee $100
Voluntary dog registration fee $10
Rabies test $75
Deceased animal pickup $15/animal
Audio cassette $1/each
Paper - Oversized (11 X 17, etc)$.50/each
Speciality paper (color maps/$1 sq ft)Actual cost
CD $1
DVD $3
Diskette $1/each
Alcohol permits 1/2 of State Fees Per Ordinance #719
Public records
Copies - paper $.10/page
Accident reports $6
Clearance Letter/Local Criminal History Report $4
Offense report and/or copies $.10/page
Postage/shipping Actual cost
Other Actual cost
Police
Police reports 0.10/page after 10 pages
Other electronic media Actual cost
Personnel $15/hr
Overhead 20% of personnel charge
$75
8 or more $100
Commercial - annual alarm permit $50
Alarm fees - false
1st - 3rd No Fee
Certified $2
Alarm fees - permit
Residential - annual alarm permit $25
Body cam $10
Dash cam $3
911 audio $1
Over 10,000 lbs = $36.80
Storage Fees (DAILY)
Accidents requiring additional services (per accident)$115 -$140 + $35 each additional 15 minutes
Up to 25' - $20
Over 25' - $35
Preservation Fee $21
Vehicles up to 10,000 GVWR $155
Vehicles 10,001 - 26,000 GVWR $225
Vehicles over 26,000 GVWR (Heavy Duty)$375/hr
Solicitors permit $35/day $50/wk $125/yr
Solicitors badge $10/ea
Normal towing charges for vehicles:
4th - 5th $50
6th - 7th
87
Summer pass sales promotion 10% discount if bought before Memorial Day
Private party fees - Resident: 1 zone, 50 people $210 / 2hrs /Residents Only
Aerobic classes - daily $8/hr
Aerobic classes - monthly Aqua fit tickets 10 for $50
Swim lessons - lifeguard $240/27 hr
Business; special event & private swim clubs $20/lane hr weekday/weekends)
Entrance fees - senior adult exercise/lap swim Aqua fit tickets 10 for $50
Entrance fees - public swim non-resident = > Age 7 $7/4 -6 hrs
Entrance fees - public swim non-resident < = Age 6 $7/4-6 hrs
Entrance fees - public swim resident > = Age 7 $5/4-6 hrs
Entrance fees - public swim < = Age 6 $5/4-6 hrs
Individual pass $55/resident and $110 - non-resident (+ ID card if needed)
Family pass $110/resident and $220 - non-resident (+ ID card if needed)
Tournament maintenance crew $40/hr/staff member
Non-field facility usage $250/4 hrs + $50/additional hr
Athletic practice facility/field reservation change gee $5
Aquatic Park
Swim lessons - coach/train $35 for 1/2 hr (non-resident $40 for 1/2 hr)
Swim lessons - private $230 for 4 hrs (non-resident $250)
Swim lessons - semi-private $110/4 hr (non-resident - $130/4 hr)
Swim lessons - public $65/4 hr (non-resident - $85/ 4 hr)
Swim lessons - duo - private $345/4 hr (non-resident $365/4 hr)
Five Star softball (full)$780/day - complex rental fee (3 fields)
Five Star soccer (full)$1,800/day - complex rental fee (8 fields)
Five Star soccer (partial)$1,560/day - complex rental fee (6 fields)
Five Star soccer (overflow)$200/field/day (baseball outfields)
Five Star split field (mult. playing surfaces on 1 field) 1 - $110/day; 2 - $225/day; 3 or more - $338/day
Five Star league play (non co-sponsored)$35/game (no minimum)
Practice field lit $175/field/day or $30/hr
Practice field unlit $150/field/day or $20/hr
Soccer net installation $30/field
Adult cornhole Rec $70/team/season;
Adult volleyball $300/team/season
Facility rentals - Usage user fee co-sponsored $5/person/season - Resident
$20/person/season - Non-Resident
Practice rental rates - co-sponsored $10/hr for unlit - $15/hr for lit
Practice rental rates - resident non-co-sponsored $15/hr for unlit - $25/hr for lit
Practice rental rates - non-resident non-co-sponsored $20/hr for unlit - $30/hr for lit
Five Star baseball $1,800/day - complex rental fee (7 fields)
Five Star baseball (partial)$1,300/day - complex rental fee (5 fields)
Youth basketball - Winter $100 - Resident - $110 - Non-Resident
Youth basketball - Summer $90 - Resident - $100 - Non-Resident
Youth basketball - Miniball $45 - Resident - $55 - Non-Resident
Youth volleyball $75 - Resident - $85 - Non-Resident
Youth flag football $90 - Resident - $100 - Non-Resident
Adult softball $325/team/season
Adult kickball $250/team/season
Adult basketball $350/team/season
Standard Pavilion Rental (Perryman, Slay/Baker, Ridgepoint, Dave Cowan, Bill Allen & Friendship $50/5 hrs - Resident - $100/5 hrs - Non-Resident
Court Rentals:
Basketball court rental 1/2 court = $15/hr - full court @ $25/hr
Volleyball court rental full court @ $25/hr
Amphitheater Rental $35 for up to 4 hrs daily
$50 for more than 4 hrs daily
Athletics
Youth sports user fees
$2/player/season - Admin
$3/player/season - Game fields
$5/player/season - Practice fields
$10/player/season - Non-Resident
Gym rental $60/hr - Resident - $80/hr - Non-Resident
Activity room rental $50/hr - Resident - $70/hr - Non-Resident
Recreation Center building rental $80/hr - Resident - $100/hr - Non-Resident
Activity room rental $30/hr - Resident - $50/hr - Non-Resident
Meeting room rental fee:
(Municipal Building located at 6303 Main Street)$50/hr - Resident - $70/hr - Non-Resident
Parks
Pavilion Rentals:
Premium Pavilion Rental (Kids Colony, Lions Club)$75/5 hrs - Resident - $150/5 hrs - Non-Resident
ID card replacement $5
Non-member program registration fee $5/month or $2/class
Kidz Kamp - summer sessions (base)$155/week - Resident
$185/week - Non-Resident
Kidz Kamp - holiday sessions (base)$40/day - Resident
$50/day - Non-Resident
Recreation Center rentals during hours
Gym rental - 1/2 court $25/hr - Resident - $45/hr Non-Resident
Gym rental - Full court $50/hr - Resident - $70/hr - Non-Resident
Recreation Center rentals after hours
PARKS FUND
Recreation
Parks & Recreation Fees:
Resident recreation pass (all ages)$15/yr under age 50, $10/yr 50+
Non-resident recreation pass (all ages)$30/yr under age 50, $20/yr 50+
88
TCPARD Site Supervisor for Rental $20/hr
TCPARD Custodial for Rental *(not always applicable)$20/hr
TCPARD Athletic Field Prep (if necessary)$30/hr
TCPARD Life Guard (number to be determined based on rental specifics)$15/guard/hr
Outdoor Basketball Court $5/hr
Outdoor Volleyball Court $5/hr
Practice Field $10/hr
Five Star Field $20/hr
Five Star Trail/Common Area/Parking Lot $20/hr
Stewart Creek Park Amenities $20/amenity/hr
Aquatic Park (per pool)$20/hr
Community Center - Large Room $10/hr
Community Center - Meeting Room $5/hr
(50 people maximum)$55/hr each additional hr
Activity room without kitchen (1/2 of large room)$175 for first 3 hrs
(50 people maximum)$50/hr each additional hr
LISD Joint Use Fees
Recreation Center 1/2 Gym $5/hr
Recreation Center Full Gym $10/hr
Recreation Center Activity Room $5/hr
Recreation Center Racquetball Court $5/hr
Park Pavilion $5/hr
Activity room without kitchen (1/2 of large room)$140 for first 3 hrs
(50 people maximum)$40/hr each additional hr
Small meeting (20 people maximum)$30/hr
Non-resident rental rates
Large activity room with kitchen $240 for first 3 hrs
(100 people maximum)$60/hr each additional hr
Large activity room without kitchen $205 for first 3 hrs
(100 people maximum)$60/hr each additional hr
Activity room with kitchen (1/2 of large room)$190 for first 3 hrs
Trip reservation fee up to 100 miles $6/trip
Trip reservation fee up to 150 miles $8/trip
Resident rental rates
Large activity room with kitchen $190 for first 3 hrs
(100 people maximum)$50/hr each additional hr
Large activity room without kitchen $175 for first 3 hrs
(100 people maximum)$50/hr each additional hr
Activity room with kitchen (1/2 of large room)$155 for first 3 hrs
(50 people maximum)$45/hr each additional hr
Community Center
Membership for Seniors
Resident rate $10/yr
Non-resident rate $20/yr
Trip reservation fee up to 50 miles $4/trip
89
(522 - 528)
(528 - 530.8)
(530.8 - 535.2)
Vegetation/Habitat Conditions using the
Corps PEA Flood Elevations
Excellent
Vegetation/Habitat Conditions
(3:1 to 6:1)
3 x $.012 x SF
4 x $.012 x SF
5 x $.012 x SF
6 x $.012 x SF
3 x $.05 x SF
4 x $.05 x SF
5 x $.05 x SF
6 x $.05 x SF
3 x $.08 x SF
4 x $.08 x SF
5 x $.08 x SF
6 x $.08 x SF
(535.2 537)
(522 - 528)
(528 - 530.8)
(530.8 - 535.2)
Woodlands
Grasslands
Savannah
4 x $.05 x SF
1 x $.08 x SF
2 x $.08 x SF
3 x $.08 x SF
4 x $.08 x SF
Good
Vegetation/Habitat Conditions
(3:1 to 6:1)
2 x $.012 x SF
3 x $.012 x SF
4 x $.012 x SF
5 x $.012 x SF
2 x $.05 x SF
3 x $.05 x SF
4 x $.05 x SF
5 x $.05 x SF
2 x $.08 x SF
3 x $.08 x SF
4 x $.08 x SF
5 x $.08 x SF
(535.2 537)
(522 - 528)
(528 - 530.8)
(530.8 - 535.2)
(535.2 537)
VIP 1 day $50
VIP 2 day $90
Poor
Vegetation/Habitat Conditions
(3:1 to 6:1)
1 x $.012 x SF
2 x $.012 x SF
3 x $.012 x SF
4 x $.012 x SF
1 x $.05 x SF
2 x $.05 x SF
3 x $.05 x SF
Spring Eggstravaganza
Advance tickets $5
Day of event tickets $10
Liberty By The Lake
Mother and Son Adventure Day
Per couple $35
Additional child $15
Family Fright Night
American Heroes
PARKS FUND
Exhibit B Fee Schedule
Volleyball court rental $25/hr
SPECIAL EVENTS FUND
Special Events Revenues
Daddy Daughter Dance
Per couple $40
Additional child $15
Kids Chase by the Lake
1st child $10
2nd child $8
3rd child $7
Annual Pass - Senior Resident - first car $10
Annual Pass - Senior Non-Resident - first car $40
Disabled Veteran (with proof)Free
RV sites (includes entry)$35/Resident - $45/Non-Resident
Tent sites (includes entry)$25/night
Pavilion rental $150/Resident - $250/Non-Resident
Pavillion rental cleanup deposit $250
Pavilion rental entry 51 + cars = $10/car
Basketball 1/2 court rental $15/hr
LAKE PARKS FUND
Stewart Creek Park Revenues
Daily Pass - Resident $15
Daily Pass - Non-Resident $15
Annual Pass - Resident - first car $40
Annual Pass - Non-Resident - first car $75
≥
≥
≥
≥
≥
≥
90
Commercial master meter surcharge $11.88/unit (after first unit)
Hydrant meter deposit - water $1,850
NSF checks $25
Penalties - late payment 15%
Delinquent accounts
Extension agreements available prior to day of disconnect. If
extension agreement is failed, no further extensions for a
period of 12 months. Cash/Credit/Money Order Only
Online payment for Utility account $1.25/transaction
Set meter trip charge for ill-equipped area $20
Same day connection fee $20
Missed reading fee $30
Disconnect fees - after hours $50
Transfer fees $25
Administration fees (e.g. credit references, research on their accounts $20
Check for leaks - allowed 3 free checks for a 6 month period, thereafter $25 each check $25
Residential deposit water & sanitation for homeowners $75 or higher based on past history
Residential deposit water & sanitation for renters $150 or higher based on past history
Residential deposit water & sanitation for seniors 60 and over Deposit waived - or higher based on past history
Commercial deposit water & sanitation Average of the past 12 months billings of the premises or
comparable business, whichever is higher
Commercial irrigation deposit $1,000
Utility Fees
Connect fee/application fee $20
Water service See attached water rate schedule
Wastewater service See attached sewer rate schedule
Veteran and Active Duty Water and Sewer Discount Water & Sewer dollar amount reduced by 10% (enrollment
SRF Loan $2.92/mo
Drainage utility fees $4.00/mo for each account - residential
$5.00/ERU/mo for each account - non-residential
Disconnect/reconnect fees $20
Reconnect fees - after hours $50
UTILITY FUND
91
10 4,118.20 10 6,177.26
Commodity rate (per thousand gallons)Commodity rate (per thousand gallons)
Residential (over 2,000 gal)4.56 Residential (over 2,000 gal)6.81
21.65 5/8 32.49
3/4 26.29 3/4 39.49
1 35.63 1 53.46
1 1/2 58.96 1 1/2 88.44
Commercial (over 2,000 gal)6.14 Commercial (over 2,000 gal)9.19
2 86.89 2 130.39
3 152.21 3 228.32
4 245.45 4 368.20
6 628.40 6 942.59
8 1,608.67 8 2,412.99
Meter size (inches Rate Meter size (inches Rate
5/8
15,001 - 25,000 7.05 15,001 - 25,000 10.16
25,001 - 40,000 7.48 25,001 - 40,000 10.79
40,001 and over 8.07 40,001 and over 11.75
Sewer Rates (5% increase)
2022 - 2023
Inside City Outside City
15,001 - 25,000 6.31 15,001 - 25,000 9.44
25,001 - 40,000 6.74 25,001 - 40,000 10.05
40,001 and over 7.34 40,001 and over 11.01
Zone 5 Water Rates
2,001 - 15,000 5.80 2,001 - 15,000 8.34
6 736.65 6 1,104.94
8 1,657.47 8 2,486.16
10 3,729.31 10 5,593.93
Commodity rate (per thousand gallons)Commodity rate (per thousand gallons)
2,001 - 15,000 5.06 2,001 - 15,000 7.59
1 42.03 1 63.03
1 1/2 81.56 1 1/2 122.33
2 135.92 2 203.93
3 210.14 3 315.11
4 327.40 4 491.09
UTILITY FUND
Water Rates (5% increase)
2022 - 2023
Inside City Outside City
Meter size (inches Rate Meter size (inches Rate
5/8 22.35 5/8 33.54
3/4 29.64 3/4 44.48
92
Development Services
Master Fee Schedule
October 1, 2022 - September 30, 2023
93
Annual Permits
Donation Box
Donation Box - Annual Permit Fee Not Required as of 10/01/15
Donation Box - Relocation Permit Fee Not Required as of 10/01/15
Newspaper Box
Newspaper Box - Annual Permit Fee Not Required as of 10/01/15
Newspaper Box - Relocation Fee Not Required as of 10/01/15
Rental Registration & Inspection - Suspended at this time
Rental Registration - Suspended at this time $5 per unit annually
Rental Inspection - per unit inspected - Program Suspended
First Inspection = $50
Follow-up re-inspection = no fee
Third re-inspection = $100
Fourth re-inspection = $250
Fifth and subsequent re-inspections = $500 each
Rental Inspection - per unit inspected - (Multi-Family) - Program Suspended
First Inspection = $5
Follow-up re-inspection = no fee
Third re-inspection = $100
Fourth re-inspection = $250
Fifth and subsequent re-inspections = $500 each
Late Rental Registration - Program Suspended $10 per unit
Late Rental Inspection - Program Suspended $100 per unit
Commercial & Multi-Family Permits
(NEW CONSTRUCTION)
Commercial Building Permit
Valuation and fee determined per the "Square Foot
Construction Costs" table provided each August by the
International Code Council with a permit fee multiplier of
0.0090 (See TABLE 2)
New Residential Home Permits
(NEW CONSTRUCTION)
Residential Building Permit $1.01 PER SQUARE FOOT
Other Building Permits
Accessory Structure $0.159 per sq ft (minimum $50)
Commercial Cell Tower $100
Flagpole Installation (over 20' in height)$50
Demolition $75
Temporary Commercial Structure
Re-roofing - Single Family (replace decking)$75
$100
Manufactured Home Inspection $275
Manufactured / Modular Home Moving Permit $100
Remodel, Addition or Finish Out $0.159 per sq ft (minimum $50)
Re-roofing - Multi-Family / Commercial $10 per $1,000 value ($100 minimum)
Commercial Tree Removal $50.00 + $100.00 for each protected tree
to be removed
Other required permits not specifically listed $10 per $1,000 value ($100 minimum)
Miscellaneous
Archiving Fee $5 per page
Work Performed without a Permit Schedule fee doubled
Re-inspection $75
Same Day Inspection (At the discretion of the Building Official.
During Business Hours.$50 per hour (2 hour maximum)
After Hours Inspection (At the discretion of the Building Official.)$100 per hour (2 hour maximum)
Holiday Inspection (At the discretion of the Building Official, includes weekends in
conjunction with holidays.)
Copies (11" X 17" or greater)$.50 per page
$200 per hour (2 hour maximum)
Special Event Permit $25 each
Organization Event Sign Permit $15 each
Tent, Bounce House, Climbing Wall $50 each
Small Copies (up to 8 1/2" X 14")$.10 per page
Color Copies larger than 11" X 17"$1 per square foot
94
Building Permits
Electric Permit
Electrical Permit $10.00 for every $1,000 value ($100 minimum)
Temporary Power Pole/Clean & Show $50
Fencing/Retaining Wall Permit
Fence 1 lot: $50
Subdivision: $50.00 plus $0.25 per linear foot
Retaining Wall $75
Mechanical Permit
Mechanical Permit $10.00 for every $1,000 value ($100 minimum)
Plumbing Permit
Annual Backflow Inspection Report $50 per device annually
Backflow Repair / Replacement Permit $75
New Lawn Sprinkler System & Backflow Test $125
Plumbing Permit $10.00 for every $1,000 value ($100 minimum)
Pool/Spa Permit
In Ground / Above Ground Swimming Pool $200
Spray Park / Splash Zone $200
Hot Tub or Spa $150
Signage license agreement review $100
Sign Permit
Banner Sign 0 - 29.99 sq ft = $30
30 - 48 sq ft - $45
Sign Permit
0 - 24,99 sq ft = $30
25 - 49.99 sq ft = $45
50 - 99.99 sq ft = $60
100 - 299.99 sq ft = $125
300 - 399.99 sq ft = $200
400 - sq ft and up = $300
Inflatable Sign $45
Billboard - Registration $75
Billboard - Annual Renewal $150
Certificate of Occupancy
Certificate of Occupancy $75
Temporary Certificate of Occupancy $75
Operating a business without a C of O Scheduled fee doubled
Re-Inspection Fee - Building Inspections $75
Re-inspection Fee - Fire/Annual Fire Co Inspection $75
Application Fee / Non-Refundable Plan Review Fee (to be
paid at time of application)$50
Building Plan Review
Accessory Structure $50 or 25% of building permit fee,
whichever is greater
Remodels $50 or 25% of building permit fee,
whichever is greater
Commercial Plan Review 25% of building permit fee
Multi-Family Plan Review 25% of building permit fee
Residential Plan Review $100
Sign Plan Review $20
Plan Amendment Fee $100
Contractor License/Registration
General Contractor**$75 per registration annually
**General Contractor shall include, but not to be limited to, the following contractors: commercial, residential, moving, pool, fence, sign,
demolition, foundation, remodeling, etc.
95
Gateway Standards Waiver $350
Zoning Verification Letter $50 per property (within 7 business days)
$70 per property (within 3 business days)
Public Hearing Sign Deposit $35 per sign
Permit for Sexually Oriented Business $500 annual permit
PD Amendment $375
Site Plan Amendment Review $100
SUP Amendment $375
Special Exception $350
Variance Application $350
Annexation Newspaper Notice Cost ($400 minimum)
Annexation Petition $500
Zoning Amendments, Planned Developments, Specific Use Permits, Site Plan
0 - 4.99 acres or portion thereof = $375
5 - 9.99 acres or portion thereof = $650
10 - 24.99 acres or portion thereof = $825
25 - 49.99 acres or portion thereof = $1,000
50 - 99.99 acres or portion thereof = $1,250
100+ acres = $200 + $12 per acre
Narrow Shoreline Variance Permit $25 + Mitigation Fees
Irrigation Permit $20
Combine MUZ, NSV, and Irrigation $35 + Mitigation Fees
Renewal Permits $20
Zoning
Fire Plan Review/Permit
Mobile Food Truck/Trailer Fire Inspection $75
State Mandated Fire Inspection $75
Foster & Group Home - Annual Fire Inspection $50
Fire Re-Inspection $75 for the first
$150 for the second
Storage Tanks Above Ground - $100
Underground - $150
Solar Review & Inspection $75
Fire Line Permit $225
Fire Alarm Permit Fee
(Based on the number of signal initiating devices)
1 - 25 devices = $150
26 - 50 devices = $200
51 - 75 devices = $250
76 - 100 devices = $325
101 devices = $350
+$.75 per device over 100
Fire Plan Review/Permit (con't)
Fire Sprinkler Permit
(Based on the number of sprinkler heads)
1 - 100 sprinkler heads = $175
101 - 200 sprinkler heads = $200
201 - 300 sprinkler heads = $225
301 - 400 sprinkler heads = $250
401 - 500 sprinkler heads = $300
over 500 sprinkler heads = $250
+ $.25 per sprinkler over 500
Fire Panel Replacement Only $100
Fire Communicator Replacement Only $100
Fire Plan Review $175
Plan Review Re-submittal $200
BDA (Bi-Directional Antennae) ERRCS (Emergency Radio Responder Coverage System)$140
Vent Hood Permit $100 - first hood
$50 - each additional
Working without a permit Double permit fee
Special Locks $100
Shoreline Mitigation Fees
MUZ Permit $20
96
8" Fire Line Tap $3,210
10" Fire Line Tap $5,000
6" Sewer Tap $865
8" Sewer Tap $1,410
10" Sewer Tap $2,220
4" Fire Line Tap $1,895
6" Fire Line Tap $2,415
10" Tap Only $4,270
When a paved road must be bored to make tap $500
Tap & Meter fee includes a service connection from main line to meter within (50) feet.
Connections greater than fifty (50) feet shall include a "per foot" fee.$20 per foot
Sewer/Fire Line Tap
4" Sewer Tap $570
2" Tap & Meter $1,200
3" Tap Only $1,625
4" Tap Only $1,895
6" Tap Only $2,415
8" Tap Only $3,210
Water Meter
5/8" Tap & Meter $475
3/4" Tap & Meter $595
1" Tap & Meter $730
1.5" Tap & Meter $1,085
General Development Plat $50 per acre or portion thereof
Street Address Change/Street Name Change
1 - 5 addresses = $100
6 - 10 addresses = $225
11 + addresses = $400
Plat Extension $100
Vacating Plat $250
Replat
Single Family / Duplex = $375 + $15 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250 + $72 per acre or portion thereof
Minor Plat $300 + $10 per acre or portion thereof
Conveyance Plat
Single Family / Duplex = $375 + $15 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250 + $72 per acre or portion thereof
Platting
Preliminary Plat
Single Family / Duplex = $375 + $15 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250
+ $72 per acre or portion thereof
Final Plat / Amending Plat
Single Family / Duplex = $375.00 + $15.00 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250
+ $72 per acre or portion thereof
97
NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees.
8" Compound Meter $41,440 $322,720
8" Turbine Meter $82,880 $645,440
10" Turbine Meter $129,500 $1,008,500
4" Turbine Meter $21,756 $169,428
6" Compound Meter $25,900 $201,700
6" Turbine Meter $47,656 $371,128
3" Compound Meter $8,288 $64,544
3" Turbine Meter $12,432 $96,816
4" Compound Meter $12,950 $100,850
2" PD $4,144 $32,272
2" Compound Meter $4,144 $32,272
2" Turbine Meter $5,180 $40,340
3/4" PD $777 $6,051
1" PD $1,295 $10,085
1 1/2" PD $2,590 $20,170
10" Turbine Meter $413,250 $203,750
NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees.
Water & Sewer Impact
(Property final platted after December 1, 2020)
METER SIZE WATER IMPACT FEE SEWER IMPACT FEE
5/8" PD $518 $4,034
6" Turbine Meter $152,076 $74,980
8" Compound Meter $132,240 $65,200
8" Turbine Meter $264,480 $130,400
4" Compound Meter $41,325 $20,375
4" Turbine Meter $69,426 $34,230
6" Compound Meter $82,650 $40,750
2" Turbine Meter $16,530 $8,150
3" Compound Meter $26,448 $13,040
3" Turbine Meter $39,672 $19,560
1" Meter $4,133 $2,038
1.5" Meter $8,265 $4,075
2" Compound Meter $13,224 $6,520
* The Tribute Subdivision has a Developer's Agreement authorizing all new fees. NOTE: Turbine meters are for irrigation only.
Water & Sewer Impact
(Property final platted after October 1, 2007)
METER SIZE WATER IMPACT FEE SEWER IMPACT FEE
5/8" X 3/4" Meter $1,653 $815
3/4" Meter $2,480 $1,223
8" Turbine Meter $92,160 $89,100
10" Compound Meter $88,320 $85,338
10" Turbine Meter $145,920 $141,075
6" Compound Meter $38,400 $37,125
6" Turbine Meter $53,760 $51,975
8" Compound Meter $61,440 $59,400
3" Turbine Meter $13,440 $12,969
4" Compound Meter $19,200 $18,513
4" Turbine Meter $24,192 $23,364
2" Compound Meter $6,144 $5,940
2" Turbine Meter $6,144 $5,940
3" Compound Meter $12,288 $11,880
3/4" Meter $1,152 $1,089
1" Meter $1,920 $1,782
1.5" Meter $3,840 $3,663
Water & Sewer Impact
(Property final platted before September 30, 2007)
ENTIRE CITY EXCEPT THE TRIBUTE SUBDIVISION*
METER SIZE WATER IMPACT FEE SEWER IMPACT FEE
5/8" X 3/4" Meter $768 $990
98
ITE Land 2016
Use Code Fees
030 6,183$
110 916$
120 642$
130 802$
150 302$
151 245$
210 944$
220 585$
230 491$
240 557$
251 255$
252 236$
254 208$
310 455$
320 356$
432 949$
430 227$
495 1,452$
465 1,791$
431 250$
445 2,061$
491 2,542$
560 274$
565 3,424$
522 80$
530 64$
540 59$
550 85$
630 2,694$
610 677$
620 114$
640 1,711$
Hospital Beds 5.36
Nursing Home Beds 0.83
Animal Hospital / Veterinary Clinic 1,000 SF GFA 12.46
University / College Students 0.36
MEDICAL
Clinic 1,000 SF GFA 19.55
Primary / Middle School (1 - 8)Students 0.34
High School Students 0.27
Junior / Community College Students 0.25
INSTITUTIONAL
Church 1,000 SF GFA 1.16
Day Care Center 1,000 SF GFA 14.51
Miniature Golf Course Hole 1.06
Multiplex Movie Theater Screens 43.85
Racquet / Tennis Club Court 10.77
Golf Course Acre 0.96
Recreational Community Center 1,000 SF GFA 8.81
Ice Skating Rink 1,000 SF GFA 7.59
Motel / Other Lodging Facilities Room 1.51
RECREATIONAL
Golf Driving Range Tee 4.02
Assisted Living Beds 0.88
LODGING
Hotel Room 1.93
Mobile Home Park/Manufactured Housing Dwelling Unit 2.36
Senior Adult Housing-Detached Dwelling Unit 1.08
Senior Adult Housing-Attached Dwelling Unit 1.00
Single-Family Detached Housing Dwelling Unit 4.00
Apartment/Multi-family Dwelling Unit 2.48
Residential Condominium/Townhome Dwelling Unit 2.08
Warehousing 1,000 SF GFA 1.28
Mini-Warehouse 1,000 SF GFA 1.04
RESIDENTIAL
General Light Industrial 1,000 SF GFA 3.88
General Light Industrial 1,000 SF GFA 2.72
Industrial Park 1,000 SF GFA 3.40
PORT AND TERMINAL
Truck Terminal Acre 26.20
INDUSTRIAL
Roadway Impact Fees - Page 1
Land Use Category
Development Veh-Mi Per
Unit Dev-Unit
99
ITE Land 2016
Use Code Rates
714 772$
710 821$
720 2,050$
715 954$
750 827$
942 898$
843 1,510$
944 664$
945 486$
946 485$
841 936$
941 1,379$
947 274$
848 1,604$
934 5,716$
933 4,315$
932 2,055$
931 1,385$
937 4,251$
815 1,570$
817 1,178$
862 759$
880 1,947$
881 1,947$
820 1,097$
850 2,963$
864 1,547$
875 552$
896 3,012$
911 2,912$
912 5,662$
918 406$ Hair Salon 1,000 SF GLA 1.72
SERVICES
Walk-In Bank 1,000 SF GFA 12.34
Drive-in Bank Drive-in Lanes 29.86
Toy/Children's Superstore 1,000 SF GFA 11.23
Department Store 1,000 SF GFA 4.21
Video Rental Store 1,000 SF GFA 21.86
Pharmacy/Drugstore w/Drive Thru Window 1,000 SF GFA 16.25
Shopping Center 1,000 SF GFA 7.87
Supermarket 1,000 SF GFA 19.51
Nursery (Garden Center)1,000 SF GFA 15.62
Home Improvement Superstore 1,000 SF GFA 3.90
Pharmacy/Drugstore w/o Drive Thru Window 1,000 SF GFA 12.69
Coffee/Donut Shop w/Drive-Thru Window 1,000 SF GFA 30.75
Other Retail
Free-Standing Discount Store 1,000 SF GFA 11.21
Fast Food Restaurant w/out Drive-Thru 1,000 SF GFA 31.31
High Turnover (Sit-Down) Restaurant 1,000 SF GFA 13.45
Quality Restaurant 1,000 SF GFA 10.05
Tire Store 1,000 SF GFA 8.37
Dining
Fast Food Restaurant w/ Drive-Thru Window 1,000 SF GFA 39.10
New Car Sales 1,000 SF GFA 5.87
Quick Lubrication Vehicle Shop Servicing Positions 8.72
Self - Service Car Wash Stall 1.99
Gasoline / Service Station Vehicle Fueling Position 4.83
Gasoline / Service Station w/ Conv Market Vehicle Fueling Position 3.57
Gasoline / Service Station w/ Conv Market and Car Wash Vehicle Fueling Position 3.66
Automobile Related
Automobile Care Center 1,000 SF Occ GLA 5.22
Automobile Parts Sales 1,000 SF GFA 9.54
Single Tenant Office Building 1,000 SF GFA 6.96
Office Park 1,000 SF GFA 5.92
COMMERCIAL
Corporate Headquarters Building 1,000 SF GFA 5.64
General Office Building 1,000 SF GFA 5.96
Medical - Dental Office Building 1,000 SF GFA 14.28
Roadway Impact Fees - Page 2
Land Use Category
Development Veh-Mi Per
Unit Dev-Unit
OFFICE
100
101
Office Creek Drainage Impact Fees & Map
Residential $231.52/lot
Non-Residential $231.52/ERU*
*ERU is an equivalent residential unit and is equal to 3,406 square feet of impervious area.
102
103
104
Group (2018 International Building Code)IA IB IIA IIB IIIA IIB IV VA VB
A-1 Assembly, theaters, with stage 247.86 239.47 233.25 223.81 210.17 204.10 216.62 195.46 188.40
A-1 Assembly, theaters, without stage 227.10 218.71 212.49 203.05 189.41 183.34 195.86 174.70 167.65
A-2 Assembly, nightclubs 191.96 186.56 182.12 174.70 164.94 160.39 168.64 149.29 144.33
A-2 Assembly, restaurants, bars, banquet halls 190.96 185.56 180.12 173.70 162.94 159.39 167.64 147.29 143.33
A-3 Assembly, churches 229.69 221.30 215.08 205.64 192.37 187.27 198.45 177.66 170.60
A-3 Assembly, general, community halls,
libraries, museums 192.20 183.41 176.59 168.15 153.51 148.44 160.96 138.80 132.75
A-4 Assembly, arenas 226.10 217.71 210.49 202.05 187.41 182.34 194.86 172.70 166.65
B Business 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08
E Educational 209.90 202.64 196.82 188.34 175.49 166.60 181.86 153.45 148.75
F-1 Factory and industrial, moderate hazard 117.60 112.19 105.97 101.84 91.54 87.26 97.61 75.29 70.95
F-2 Factory and industrial, low hazard 116.60 111.19 105.97 100.84 91.54 86.26 96.61 75.29 69.95
H—1 High Hazard. explosive 109.99 104.58 99.35 94.22 85.14 79.87 89.99 68.89 N.P.
H234 High Hazard 109.99 104.58 99.35 94.22 85.14 79.87 89.99 68.89 63.56
H-5 HPM 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08
I -1 lnstîtutional. supervised environmœt 197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33
I-2 lnstîtutional. hospitals 335.53 328.23 321.81 312.65 296.45 N.P.305.67 276.99 N.P.
I-2 Institutional. nursing homes 233.12 225.82 219.40 210.24 195.51 N.P.203.26 176.05 N.P.
I-3 Institutional, restrained 227.71 220.41 213.99 204.83 190.84 183.78 197.85 171.37 163.02
I-4 Institutional. day care facilities 197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33
M Mercantile 142.95 137.54 132.11 125.68 115.38 111.83 119.62 99.73 95.77
R-1 Residential, hotels 199.70 192.92 186.99 179.78 164.90 160.43 179.93 148.60 143.96
R-2 Residential, multiple family 167.27 160.49 154.56 147.35 133.71 129.23 147.50 117.40 112.76
R-3 Reidential, one- and two-family d 155.84 151.61 147.83 144.09 138.94 135.27 141.72 130.04 122.46
R-4 Residential, care/assisted living facilities 197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33
S-1 Storage, moderate hazard 108.99 103.58 97.35 93.22 83.14 78.87 88.99 66.89 62.56
S-2 Storage, low hazard 107.99 102.58 97.35 92.22 83.14 77.87 87.99 66.89 61.56
U Utility. miscellaneous 84.66 79.81 74.65 71.30 64.01 59.80 68.04 50.69 48.30
a. Private Garages use Utility, miscellaneous
b. For shell only buildings deduct 20 percent
c. N.P. = not permitted
d. Unfinished basements (Group R-3) = $22.45 per sq.
ft.Table 2 - Square Foot Construction Costs TO CALCULATE FEE = MULTIPLY GROSS SQUARE FEET BY
$ AMOUNT ABOVE BY PERMIT FEE MULTIPLIER (CURRENTLY 0.0090)
Example -
Type II-B Retail (Mercantile) with 3,800 sq. ft. of floor space would be calculated as:
3,800 X $125.68 X 0.0090 = $4,298.25
Square Foot Construction Costs A,B,C
105
Page 1
69248
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING RESOLUTION NO. 2021-59, ADOPTION
OF THE MASTER FEE SCHEDULE, AMENDING THE MASTER FEE
SCHEDULE, WHICH IS ATTACHED HERETO AND INCORPORATED
HEREIN AS ATTACHMENT “A”; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of The Colony adopted the Master Fee Schedule for Fiscal Year
2021-2022 by Resolution No. 2021-59, passed and approved on the 7th day of September 2021;
and
WHEREAS, the City desires to amend the 2022-2023 Master Fee Schedule, providing
for new fees and fee amendments for the City; and
WHEREAS, after consideration and review, the City Council finds that Resolution No.
2021-59, as amended is the new Master Fee Schedule, which is attached hereto and incorporated
herein as Attachment “A,” be adopted to provide fees for the City of The Colony.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. That Resolution No. 2021-59, as amended by Attachment “A”, be
incorporated as the Master Fee Schedule.
Section 2. That all provisions of any resolution of the City Council of the City of The
Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed,
and all other provisions not in conflict with the provisions of this resolution shall remain in full
force and effect.
Section 3. This Resolution shall become effective on October 1, 2022, from and after its
passage, as the law and charter in such cases provide.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER 2022.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
106
Page 2
69248
ATTEST:
___________________________________
Tina Stewart, TRMC, CMS, City Secretary
APPROVED AS TO FORM:
__________________________________
Jeffrey L. Moore, City Attorney
107
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Discussion
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance approving the proposed 2022-2023 tax rate not to
exceed $0.6450 cents per $100 valuation for the taxable value of real and personal property located within the
City of The Colony. (Miller)
Suggested Action:
Tax rate is being reduced by 1/2 a cent from $.65 to $.6450.
Tax rate is above the No New Revenue Rate of $.6132. Special wording is required. " I move that the property
tax rate be increased by the adoption of a tax rate of $.6450, which is effectively a 5.2% increase in the tax rate".
Attachments:
Ord. 2022-xxxx Tax Rate Amendment.pdf
108
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022 - __________
ADOPT TAX RATE FOR FISCAL YEAR 2022-2023
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, LEVYING
THE AD VALOREM TAXES FOR THE FISCAL YEAR 2022-2023 AT A
RATE OF $.6450 PER ONE HUNDRED DOLLARS ($100) ASSESSED
VALUATION OF ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 20 22; TO
PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES
AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL
OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND
DELINQUENT DATES TOGETHER WITH PENALTIES AND
INTEREST; AND DECLARING AN EFFECTIVE DATE.
BE IT SO ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1: That there be and is hereby levied for the fiscal year 2022-2023, on all taxable
property, real, personal and mixed, situated within the limits of the city of The Colony, Texas, and
not exempt by the Constitution of the State and valid State laws, a tax of $.6450 on each One
Hundred Dollars ($100) assessed value of taxable property, and shall be apportioned and
distributed as follows:
(a) For the purpose of defraying the current expenses of municipal government of the
City, a tax of $.54 on each One Hundred Dollars ($100) assessed value of all
taxable property.
(b) For the purpose of creating a sinking fund to pay interest and principal on all
outstanding bonds of the City, not otherwise provided for, a tax of $.1050 on each
One Hundred Dollars ($100) assessed value of all taxable property, within the City,
which shall be applied to the payment of such interest and maturities of all
outstanding bonds.
SECTION 2: That all ad valorem taxes shall become due and payable on October 1, 2022 and all
ad valorem taxes for the year shall become delinquent after January 31, 2023. There shall be no
discount for payment of taxes prior to said January 31, 2023. If any person fails to pay the ad
valorem taxes on or before the 31st day of January 2023, the following penalties shall be payable
thereon, to-wit:
During the month of February, seven percent (7%); during the month of March, nine
percent (9%); during the month of April, eleven percent (11%); during the month of May, thirteen
percent (13%); during the month of June, fifteen percent (15%); and on or after the 1 st day of July,
eighteen percent (18%).
109
2
SECTION 3: Taxes are payable at the Denton County office of the tax collector who on
behalf of The Colony collects ad valorem taxes for The Colony. The City shall have available all
rights and remedies provided by law for enforcement of the collection of taxes levied under this
ordinance.
SECTION 4: That the tax rolls, as presented to the City Council, together with any
supplement thereto, be, and the same are hereby approved.
SECTION 5: The fact that it is necessary that this ordinance be enacted in order to
authorize the collection of ad valorem taxes for the fiscal year 2022-2023, this ordinance shall take
effect from and after its passage as the law in such cases provides.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TH E
COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER 2022.
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
110
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving an ordinance adopting the City of The Colony Fiscal Year Budget beginning
October 1, 2022 through September 30, 2023; providing for intra and inter departmental fund transfers;
providing that expenditures for said Fiscal Year to be made in accordance with said budget. (Miller)
Suggested Action:
Attachments:
Preliminary Budget FY 22-23.pdf
Ord. 2022-xxxx FY2022-23 Budget.pdf
111
Preliminary Budget
2022/2023
September 6, 2022
112
TABLE OF CONTENTS
City Manager’s Message ..................................................................................... 1
General Fund ....................................................................................................... 4
Parks Fund .......................................................................................................... 7
Utility Fund ........................................................................................................... 8
General Debt Service .......................................................................................... 9
Utility Tax Supported Debt ................................................................................. 10
Economic Development Corporation ................................................................. 11
Community Development Corporation ............................................................... 12
TIRZ ONE PID ................................................................................................... 13
Court Security Fund ............................................................................................ 14
Court Technology Fund ...................................................................................... 15
Juvenile Cash Manager Fund ............................................................................. 16
Commercial Vehicle Fund .................................................................................. 17
Court Time Payment Fund ................................................................................. 18
Storm Water Utility Fund ..................................................................................... 19
Water/Sewer Impact Fees Fund ........................................................................ 20
Hotel/Motel Tax Fund .......................................................................................... 21
Lake Parks Fund ................................................................................................. 22
Special Events Fund .......................................................................................... 23
Citizen Donation Fund ........................................................................................ 24
Child Safety Fund .............................................................................................. 25
Keep the Colony Beautiful Fund ........................................................................ 26
CIP ...................................................................................................................... 27
Debt Management Policies ................................................................................ 31
Financial Management Policies ......................................................................... 46
Investment Policy ............................................................................................... 60
113
Notice of 2022 Tax Year Proposed Tax Rate
The governing body of the City of The Colony has proposed a tax rate of $.6450 per $100 valuation for
adoption. The tax rate will effectively be raised by 5.2% and will raise taxes for maintenance and
operations on a $100,000 home by approximately $31.80.
114
Letter to Mayor and Council
The Honorable Mayor and City Council,
In accordance with Civil Statues of Texas and the City Charter, the annual budget, for the fiscal year
October 1, 2022 through September 30, 2023, is presented for your consideration. The Budget is an
important policy document because it presents in financial terms the overall plan to accomplish the City’s
program of services during the upcoming fiscal year.
2022‐2023 budget highlights:
Ad Valorem Taxes are the City’s major revenue source. Total cur rent Ad Valorem Taxes budgeted this year
are $40,185,832 which is a $1.1 million increase from the prior year. The increase is due to an increase in
the City’s tax base of about $200 million, offset by a reduction in the tax rate from 65 to 64.50 cents per
$100 dollars of valuation. Approximately $105 million of the increase in tax base came from new
construction, of which about $59 million was in TIRZ ONE or TWO. Of the $40.185 million in property taxes
budgeted, $33.6 million is in the General Fund and the remaining $6.5 million in General Fund Debt
Service.
Sales and Mixed beverage Tax receipts budgeted at $10.55 million, is an increase of $2.1 million or 25%
above the prior year’s budget.
Franchise fees budgeted at $2.44 million, decreased $210k in comparison to prior year.
Licenses and Building Permit Fees budget increased about $950k to $2.25 million due primarily to the
pickup in construction.
General Fund internal service department costs allocated to other Funds are $5,661,461 as compared to
prior year’s allocation of $6,691,461. The allocations to respective Funds are $4,448,630 to Utility, Parks
$1,014,398, and 4A, 4B, and Capital Projects Admin Funds make up the $178,433 balance.
This budget includes about $23.35 million in enhancements to services. Projects included are $16 million
in street, alleyway, drainage, and sidewalk reconstruction. $3.1 in building maintenance, $2.4 million
vehicle replacements, $1 million in computers/equipment and enhancements, and $800k for a sewer line
project.
Also included in this budget and supported by operating revenues are employee additions costing $1.09
million. Included in the position additions are 5 Police Officers (3 SROs and 2 for Grandscape), 2 Police
Detectives, IT System Analyst, Right‐of‐Way Inspector, and a HR Specialist.
The budget also includes blended COLA raises of 4% and a 10% increase in health care, costing a little over
$2.258 million. Both employee additions and raises/health care increases are supported by operating
revenues.
1 of 71 115
Ending Fund balance in the General Fund is maintained at 80 operating days in reserves. 60 operating days
are maintained in Utility and Parks Funds.
Economic incentives have been budgeted in the Economic Development (Type A) Fund to promote new
enterprises and to retain existing business.
To assure a quality community, cultural and leisure activities, and park improvements, funding has been
provided in Special Events, Lake Parks, and CDC (Type B) budgets.
The total adopted operating budget is $99,137,546, excluding transfers out, a 3% increase from the 21‐22
total operating budget.
Economic Development
The Nebraska Furniture Mart TIRZ was established November 2011 for a 433‐acre $1.5 billion Grandscape
development. The Nebraska Furniture Mart store, the anchor store of the development, opened in early
March 2015. In June 2020, Scheels opened the largest sporting goods store in the world offering 85
specialty shops. Numerous restaurants and a hotel have also located in the Zone. On the north side of
SH121, in The Colony and across from Grandscape, Rooms To Go, Mattress Firm, and Floor and Décor
have opened. Other new commercial development on the north side of SH121 in The Colony include
Topgolf, numerous hotels, a medical office building, couple of shopping centers, and several restaurants
and other businesses. Business activity has brought numerous jobs to the City. The Nebraska Furniture
Mart store itself employs around 1,800 people.
The widening of FM 423 (Main Street) to a 6 and 8 lane divided street was completed in late 2017 and has
significantly increased redevelopment along this vital corridor.
The Tribute, the only remaining sizeable residential development in The Colony, continues to increase the
number of buildable lots. Housing permits have remained strong the past couple of years and are
expected to do so for the next several years.
Quality of Life
The City values quality of life for all its residents. The City continues to fund the Library, Parks, and
Recreation Departments operating budgets to assure quality community programs. Beautification,
landscaping, and park improvements are also included in the budget to enhance the City’s image. The
City’s emphasis on opportunities for quality recreational programs and facilities led to The Colony being
designated as a “Playful City USA” ‐ one of only 9 cities in Te xas and 151 across the country to receive this
honor. The City has also been recognized by Money Magazine as one of the top 20 places to live in the
nation.
Future
The City Council and management team want to keep the items below on its radar.
City Council has expressed a desire to continually reduce the property tax rate.
CDC will continue to provide for Five Star maintenance.
2 of 71 116
Fire station #4 in Austin Ranch, was completed and staffed in 2019. Fire station #5, in the
Tribute, is expected to be completed and staffed in early 2023. The Two TIFs will provide a
significant amount of funding for each of the stations, but the City will be responsible for most
of the apparatuses, equipment, and personnel costs at both stations.
There are many drainage issues throughout the City. The drainage fee on the utility bills was
increased in 2020 to help cover drainage projects.
Final stage of the WWTP expansion is expected to cost $90 million. Funding will be provided
through utility revenue pledged debt via increased utility fees.
Strategic Plans
The budget process provides a road map for short‐term and long‐term needs and aids in the allocation of
limited resources to prioritized services and needs. Each year a Capital Improvement Program is
developed which helps gauge future funding priorities and is the foundation on which annual budgets are
built. Capital needs are projected for each of the five following years to identify service needs and
financing available. Staff helps Council with the challenge of prioritizing and providing efficient and
effective services to the community with current and future available funds.
As a combined effort, the City Manager’s Office, Finance Director, and all departments monitor revenues
and expenditures throughout the year. Appropriate actions are taken to control expenditures, and to
make adjustments when revenues fall short of expectations.
Conclusions
The 2022‐2023 budget has been prepared with the assistance of devoted and dedicated employees who
stand ready to accomplish the goals outlined and adopted by the City Council. Under the prudent
leadership of the City Council, we commit our best efforts to e nsure that the needs of our citizens are met
and exceeded!
Troy Powell, City Manager
3 of 71 117
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
Current Property Taxes 25,742,944 27,508,267 29,527,026 33,643,953
Rendition Penalty Revenue 9,755 (17,682) 5,000 5,000
Ag. Roll Back Taxes - 61,364 - -
Delinquent Property Tax 77,196 9,606 75,000 10,000
Penalties & Interest 86,428 70,532 80,000 50,000
Total 25,916,323 27,632,087 29,687,026 33,708,953
Sales Taxes 7,051,646 9,124,598 8,000,000 10,000,000
Mixed Beverage Tax 391,301 597,077 450,000 550,000
Total 7,442,947 9,721,675 8,450,000 10,550,000
Electric 1,439,759 1,485,316 1,485,316 1,485,316
Natural Gas 181,608 213,079 180,000 240,000
Telephone 182,763 103,595 180,000 75,000
PEG Fees 96,201 14,260 90,000 40,000
Video 385,474 225,017 350,000 150,000
Sanitation-Residential 208,020 203,058 200,000 200,000
Sanitation-Commercial 271,608 272,959 250,000 250,000
Total 2,765,433 2,517,284 2,735,316 2,440,316
TOTAL TAXES 36,124,703 39,871,046 40,872,342 46,699,269
Building Permits-New Homes 842,781 447,832 650,000 650,000
Building Permits-Other 509,925 500,539 400,000 550,000
Commercial Permits 96,950 276,014 20,000 600,000
Certificates Of Occupancy 5,175 4,875 5,000 5,000
Zoning Fees 5,307 13,030 6,000 6,000
Fire Fees 22,737 15,175 20,000 15,000
Solicitors Permits 5,742 1,660 4,000 1,000
Health Permits 127,640 121,267 125,000 120,000
Platting Fees 9,135 26,316 10,000 10,000
Alcohol Permits 27,120 31,135 25,000 25,000
Code Enforcement Fees 18,328 28,038 18,000 18,000
Eng Inspection Overtime Fee 2,120 2,680 1,000 1,000
Inspection Fees 162,997 60,288 20,000 250,000
Grading Permit 1,998 1,905 1,000 1,000
TOTAL LICENSES & PERMITS 1,837,955 1,530,754 1,305,000 2,252,000
Ambulance Calls 794,093 954,468 750,000 700,000
Ambulance Subscription Revenue 22,883 23,652 20,000 20,000
Service Liens 22,531 20,280 20,000 20,000
Denton County Engine Response - - 1,500 1,500
County Ambulance Funds 21,438 21,438 21,000 21,000
County Fire Funds 10,000 10,000 10,000 10,000
Total 870,945 1,029,838 822,500 772,500
County Library Funds 43,405 44,305 39,000 39,000
Total 43,405 44,305 39,000 39,000
Revenue & Expenditure Projections
Fiscal Year 2022-2023
Franchise Taxes
LICENSES & PERMITS
GENERAL FUND
CHARGES FOR SERVICES
TAXES
Ad Valorem Taxes
City Sales Taxes
Fire & Ambulance
Library
4 of 71 118
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
Revenue & Expenditure Projections
Fiscal Year 2022-2023
GENERAL FUND
TOTAL CHARGES FOR SERVICES 914,350 1,074,143 861,500 811,500
Municipal Court Fines 595,913 712,551 550,000 770,000
Library Fees 8,058 5,370 10,000 10,000
Animal Control Fees 22,880 22,334 20,000 20,000
TOTAL FINES AND FORFEITURES 626,851 740,255 580,000 800,000
Interest Income 299,388 20,666 25,000 25,000
TOTAL INVESTMENT INCOME 299,388 20,666 25,000 25,000
Auction Proceeds 30,463 16,400 10,000 10,000
Tower Rental Fees 335,532 327,553 300,000 300,000
Insurance Reimbursement - - 1,000 1,000
LEISD SRO Reimbursement 88,227 45,271 95,000 95,000
LISD SRO Reimbursement 243,863 256,280 256,000 256,000
Miscellaneous 108,036 51,250 65,000 65,000
Police Reports 4,754 4,000 4,000 4,000
Alarm Fees 37,181 31,064 30,000 30,000
TOTAL OTHER REVENUES 848,056 731,818 761,000 761,000
TOTAL REVENUES 40,651,303 43,968,682 44,404,842 51,348,769
Transfer - Storm Water Utility 50,000 50,000 50,000 50,000
Transfer In-GF Capital Projects -
Transfer - Child Safety Fund 10,000 10,000 10,000 10,000
154,207 151,206 153,356 155,031
244,813 244,396 244,432 244,718
49,457 49,610 49,671 50,233
131,000 131,000 131,288 130,869
Transfers In - Parking Lot (CDC)66,091 66,091 65,265 123,000
Transfers In - 4B 5 Starr - - - -
Transfers In - CARES Fund - - - -
Transfers in - KTKB 73,000 - - -
TOTAL TRANSFERS 778,568 702,303 704,012 763,851
41,429,871 44,670,985 45,108,854 52,112,620
OTHER REVENUES
TRANSFER IN
TOTAL REVENUES & TRANSFERS
INVESTMENT INCOME
Transfers In - EDC S. Colony Conn-Ph2
Transfers In - EDC - Cascades
Transfers In - EDC - Memorial Drive
Transfers In - Hike & Bike Trail (CDC)
FINES AND FORFEITURES
5 of 71 119
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
Revenue & Expenditure Projections
Fiscal Year 2022-2023
GENERAL FUND
Non-Departmental 11,883,150 8,302,320 9,995,721 11,918,150
General Administration 1,160,271 1,730,847 1,779,349 1,891,410
City Council 83,694 48,508 88,520 88,520
Community Image 538,946 507,138 531,973 556,749
City Secretary 440,776 478,523 429,893 429,277
Human Resources 657,156 705,534 685,357 728,224
Finance 1,174,731 1,335,462 1,296,299 1,322,418
Information Technology 774,889 801,005 1,024,817 991,490
Planning & Development - - - 301,101
Municipal Court 386,159 416,938 487,265 508,312
Public Safety Dispatch 1,248,545 1,396,124 1,453,610 1,728,780
Fire 9,012,586 11,392,953 11,916,713 13,008,411
Police 9,833,565 11,250,321 11,689,484 12,811,483
Animal Control 476,702 503,480 489,359 625,268
Library 1,144,412 1,158,115 1,269,344 1,355,645
Engineering 1,821,887 1,973,829 2,191,824 2,012,615
Facilities Maintenance 908,898 1,067,257 1,073,346 1,203,003
Fleet Services 911,071 1,123,572 1,190,378 1,299,581
Personnel Additions - - 2,065,068 1,089,990
Raises/Health Care - - 1,400,000 2,257,993
CIP Debt and Cash Items - - 3,165,000 1,579,000
TOTAL EXPENDITURES 42,457,438 44,191,926 54,223,320 57,707,420
Transfer - CVB 115,000 115,000 115,000 400,000
Transfer - Special Events 40,000 40,000 345,000 400,000
Transfer - KTB - - 10,000 10,000
Transfer - Utility - - - -
Transfer - Parks Fund 3,066,823 2,831,823 2,946,823 3,201,823
Transfer - Utility Cap - - -
Transfer - Trinity North 20,000 90,000 -
Transfer - G.F. Special Cap 2,441,970 - - -
TOTAL TRANSFER OUT 5,663,793 3,006,823 3,506,823 4,011,823
48,121,231 47,198,749 57,730,143 61,719,243
OH COST ALLOCATION (6,346,469) (6,346,461) (6,691,461) (5,661,461)
14,483,981 17,922,322 21,741,019 15,811,191
3,438,341 3,818,697 (5,929,828) (3,945,162)
17,922,322 21,741,019 15,811,191 11,866,028
17,922,322 21,741,019 15,811,191 11,866,028
157 194 121 80
BEGINNING FUND BALANCE
EXPENDITURES
TRANSFER OUT
TOTAL EXPENDITURES & TRANSFERS
EXCESS/(DEFICIENCY)
ENDING FUND BALANCE
UNRESERVED FUND BALANCE
Working Days in Fund Balance
6 of 71 120
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
Recreation Program Revenue 65,316 201,174 190,000 200,000
Athletic Program Revenue 31,578 59,320 50,000 50,000
Athletic & Recreation Facility Revenue 126,793 252,452 160,000 250,000
Pass Revenue 10,907 19,980 15,000 15,000
Total 234,594 532,926 415,000 515,000
Swimming Lessons 89,239 175,366 165,000 170,000
Entrance Fees 2,404 32,968 25,000 30,000
Concession Sales 12 1,411 1,000 1,000
Private Party Fees 67,393 90,823 75,000 90,000
Total 159,048 300,568 266,000 291,000
Rental Revenue 7,195 1,115 14,000 1,000
Program Revenue 193 1,640 1,200 1,200
Travel Commissions - - - -
Membership Fees 6,440 8,189 6,000 6,000
Total 13,828 10,944 21,200 8,200
TOTAL CHARGES FOR SERVICES 407,470 844,438 702,200 814,200
Horizon Lease Payment 95,361 2,137 140,000 90,000
Miscellaneous 25,148 30,165 6,500 20,000
Interest Income 16,946 8,499 1,000 1,000
TOTAL OTHER INCOME 137,455 40,801 147,500 111,000
TOTAL REVENUES 544,925 885,239 849,700 925,200
Transfer - General Fund 3,066,825 2,831,823 2,946,823 3,201,823
Transfer - CDC Five Star Maintenance 165,000 165,000 165,000 165,000
Transfer - CDC Fund Personnel 134,845 134,845 134,845 134,845
Transfer - Lake Parks Fund 35,000 35,000 35,000 35,000
TOTAL TRANSFERS 3,401,670 3,166,668 3,281,668 3,536,668
3,946,595 4,051,907 4,131,368 4,461,868
Non-Departmental 10,883
Parks & Recreation 2,102,545 2,425,921 2,592,579 2,789,536
Aquatic Park 345,698 494,546 572,320 570,515
Community Center 207,688 223,734 246,936 231,131
Capital - - - -
TOTAL EXPENDITURES 2,666,814 3,144,201 3,411,835 3,591,182
OH COST 1,014,189 1,014,398 1,014,398 1,014,398
1,025,665 1,291,257 1,184,565 889,700
265,592 (106,692) (294,865) (143,712)
1,291,257 1,184,565 889,700 745,988
128 104 75 60
PARKS FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
TOTAL REVENUES & TRANSFERS
EXPENDITURES
CHARGES FOR SERVICES
Parks & Recreation
Aquatic Park
Community Center
EXCESS (DEFICIENCY)
OTHER INCOME
Working Days in Fund Balance
ENDING FUND BALANCE
BEGINNING FUND BALANCE
TRANSFER IN
7 of 71 121
2019-2020 2020-21 2021-2022 2022-2023
Actual Actual Budget Budget
CHARGES FOR SERVICES
12,620,935 13,237,882 13,899,776 14,594,765
6,589,826 7,774,920 8,163,666 8,571,849
7,640 8,964 8,000 8,000
436,105 441,270 425,000 425,000
311,060 182,786 300,000 180,000
227,674 17,404 25,000 18,000
75,035 146,662 75,000 125,000
Recycling Billing 50,816 - 15,000 -
Recycling Education Contribution 72,000 36,000 36,000 36,000
20,391,091 21,845,888 22,947,442 23,958,614
TRANSFERS IN
100,000 100,000 100,000 100,000
- - - -
100,000 100,000 100,000 100,000
TOTAL REVENUES & TRANSFERS 20,491,091 21,945,888 23,047,442 24,058,614
EXPENDITURES
8,646 12,234 352,000 452,000
3,771,675 4,260,256 4,320,626 4,570,863
1,147,709 1,111,757 1,324,453 1,282,055
1,414,278 1,730,545 1,651,622 1,713,525
1,284,421 1,348,784 1,443,191 1,617,937
1,960,453 2,348,927 2,705,425 2,941,383
Storm Water - Engineering 3,000 13,470 83,100 63,100
Storm Water - Streets & Drainage 100,755 134,641 165,032 183,718
Environmental 170,991 124,521 249,641 137,000
Capital - - - -
9,861,928 11,085,135 12,295,090 12,961,581
TRANSFERS OUT
- - - -
6,000,000 7,720,000 6,000,000 6,000,000
- - - -
- - -
TOTAL TRANSFERS OUT 6,000,000 7,720,000 6,000,000 6,000,000
15,861,928 19,149,708 18,295,090 18,961,581
OH COST 4,994,365 5,153,630 5,498,630 4,448,630
6,670,714 6,305,512 3,948,062 3,201,784
(365,202) (2,357,450) (746,278) 648,403
6,305,512 - 3,948,062 3,201,784 3,850,187
110 59 49 60
Transfer - General Fund
Transfer - Utility Debt Service
Transfer - D. S. Revenue bonds
Transfer - Special Projects
Transfer - Capital Projects Admin
TOTAL EXPENDITURES & TRANSFERS
BEGINNING FUND BALANCE
EXCESS (DEFICIENCY)
ENDING FUND BALANCE
Working Days in Fund Balance
Waste Water
Utility Administration
Streets & Drainage
TOTAL EXPENDITURES
Transfer - Storm Water Utility Fund
TOTAL TRANSFERS IN
Non-Departmental
Water Production
Water Distribution
Transfer - General Fund
TOTAL REVENUES
Water Service
Wastewater Service
UTILITY FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
Reconnect Fees
Penalties
Tap Connection Fees
Interest Income
Miscellaneous
8 of 71 122
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
Revenues
8,544,678 8,881,216 9,641,478 6,541,880
28,339 20,220 25,000 25,000
- 100 - 0
28,470 14,112 25,000 25,000
43,535 3,746 40,000 40,000
Bond Proceeds 6,332,460 7,587,000 --
Bond Premiums 2,663,273 783,429 - -
- -- -
17,640,755 17,289,823 9,731,478 6,631,880
TOTAL REVENUES & TRANSFERS 17,640,755 17,289,823 9,731,478 6,631,880
EXPENDITURES
620,120 ---
153,465 ---
Refunding Bonds - 2010/2001 - - - -
Refunding Bonds - 2011/2002 697,072 698,896 703,456 -
Refunding Bonds - 2012/2003 &2007 227,588 225,262 222,825 224,025
154,206 151,506 153,356 155,031
Refunding Bonds - 2013/2004 GF/Utility 372,650 372,050 371,750 373,700
Refunding Bonds - 2014/2006 GF/Utility 269,624 268,264 268,893 269,361
Refunding Bonds - 2015/2005 &2007 GF/Utility 1,223,966 852,686 688,398 685,950
Refunding Bonds - 2020/2010 &2010A - 806,445 815,681 811,912
Certificates of Obligation - 2014 221,624 221,886 221,476 221,467
Certificates of Obligation - 2016 942,759 1,133,488 1,131,913 947,726
Certificates of Obligation - 2018 1,094,265 1,084,184 1,085,085 1,085,310
Certificates of Obligation - 2019 996,080 995,971 992,717 991,709
Certificates of Obligation - 2020 137,903 253,309 253,938 253,500
Certificates of Obligation - 2021 - - 469,800 491,738
Certificates of Obligation - 2022 935,530
Governmental Capital 10 year note (2)112,263 112,263 112,263 112,263
Equipment Capital Lease 10 year Oshkosh 228,090 - 135,693 135,693
Governmental Capital 3 year note (1) 227,530 220,279 - 0
Refunding of 2010 and 2010A Cos 7,363,663
342,047 159,440 200,000 200,000
TOTAL EXPENDITURES 15,384,915 7,555,929 7,827,244 7,894,915
Transfer - General Fund - 8,217,000 - - - -
Transfer - CIP - - - - - -
TOTAL EXPENDITURES & TRANSFERS 15,384,915 15,772,929 7,827,244 7,894,915
778,605 1,516,894 1,904,234 (1,263,035)
1,170,670 1,949,275 3,466,169 5,370,403
1,949,275 3,466,169 5,370,403 4,107,367
GENERAL DEBT SERVICE
Revenue & Expenditure Projections
Fiscal Year 2022-2023
Ag. Roll Back Taxes
TOTAL REVENUES
Current Property Taxes
Delinquent Property Taxes
Penalty & Interest
Investment Income
Misc Income
TRANSFER OUT
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Certificates of Obligation - 2010
Certificates of Obligation - 2010A
Certificates of Obligation - 2013
Fiscal Agent Fees & Other
9 of 71 123
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
CHARGES FOR SERVICES
---
- 3,400 --
- ---
19,425 ---
Fees 465,057 476,860 400,000 450,000
Gain on Refunding 23,118 - - -
- 2,664 - -
507,600 482,924 400,000 450,000
TRANSFERS IN
Transfers In - EDC 4A 306,702 305,714 305,759 306,118
Water/Sewer Impact Fees 1,000,000 1,000,000 750,000 750,000
Revenue Bond Refunding - - - -
Revenue Supported Debt Balance Transfer - - - -
Transfers In - Utility Fund 6,000,000 7,720,000 6,000,000 6,000,000
Premium 419,743 - - -
7,726,445 9,025,714 7,055,759 7,056,118
TOTAL REVENUES & TRANSFERS 8,234,045 9,508,638 7,455,759 7,506,118
EXPENDITURES
Certificates of Obligation - 2007 - ---
Certificates of Obligation - 2010 217,880 - - -
Certificates of Obligation - 2010A 31,535 - - -
General Obligation Refunding Bonds - 2011 220,128 220,704 222,144 -
Revenue Refunding Bonds 2012 (03,07,08)75,862 75,088 74,275 74,675
General Obligation Refunding Bonds - 2013 1,490,600 1,488,200 1,487,000 1,494,800
General Obligation Refunding Bonds - 2014 1,316,400 1,309,760 1,312,832 1,315,144
General Obligation Refunding Bonds - 2020 30,053 263,302 266,319 265,088
Cetificate of Obligation - 2014 1,361,406 1,363,019 1,360,493 1,360,439
Cetificate of Obligation - 2015 823,450 827,350 820,450 817,850
Cetificate of Obligation - 2015 Refunding 576,784 401,264 323,952 322,800
Cetificate of Obligation - 2016 676,259 485,780 485,106 406,168
Cetificate of Obligation - 2018 121,584 120,464 120,565 120,590
Cetificate of Obligation - 2019 610,500 610,434 608,439 607,822
Cetificate of Obligation - 2020 - 759,933 761,813 760,500
Cetificate of Obligation - 2021 - - 130,200 54,625
Cetificate of Obligation - 2021 623,687
Fees/Cost of Issuance 317,974 3,378 20,000 20,000
Transfer - CIP -
TOTAL EXPENDITURES 7,870,415 7,928,676 7,993,588 8,244,188
363,630 1,579,962 (537,829) (738,070)
3,220,056 3,583,686 5,163,648 4,625,819
3,583,686 5,163,648 4,625,819 3,887,749
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Premium
Penalty & Interest
Investment Income
TOTAL REVENUES
TOTAL TRANSFERS IN
TRANSFER OUT
Current Property Taxes
Delinquent Property Taxes
UTILITY TAX SUPPORTED DEBT
Revenue & Expenditure Projections
Fiscal Year 2022-2023
10 of 71 124
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
CITY SALES TAXES
Sales Tax Revenues 3,525,823 4,562,301 4,000,000 5,000,000
Investment Income 71,487 6,560 15,000 -
Bond Proceeds - - - -
Miscellaneous Revenue 2,229 - - -
TOTAL REVENUES 3,599,539 4,568,861 4,015,000 5,000,000
EXPENDITURES
Personnel Services 445,421 462,588 508,262 503,076
Contractual Services 45,990 36,287 211,500 211,500
Marketing 220,723 150,651 425,000 425,000
Supplies 4,325 10,490 18,300 18,300
Maintenance 185 2,786 1,500 1,500
Building Roof Maintenance - - 265,000 -
Economic Development Incentives 80,483 159,391 475,000 600,000
Grant Program 10,169 5,594 25,000 75,000
Debt Service - Land 606,480 607,488 607,968 607,920
Capital SUV - - - 65,000
Capital Outlay-Generator - - - 225,000
Capital Outlay-Fiber Loop 900,000
Sales Tax Rebate 177,434 137,009 250,000 271,000
TOTAL EXPENDITURES 1,591,210 1,572,284 2,787,530 3,903,296
TRANSFERS OUT
Transfer Out - General Fund BPP - - - -
Transfer Out - GF Cap Contribution - - - -
Transfer Out - GDSF 154,207 151,206 153,356 155,031
Transfer Out - GDSF 244,813 244,396 244,432 244,718
Transfer Out - GDSF 49,457 49,610 49,671 50,233
Transfer Out - UFDS 306,702 305,714 305,759 306,118
TOTAL TRANSFERS OUT 755,179 - 750,926 753,218 756,100
TOTAL EXPENDITURES 2,346,389 2,323,210 3,540,748 4,659,396
OH COST 71,380 71,376 71,380 91,380
EXCESS (DEFICIENCY) 1,181,770 2,174,275 402,872 249,224
BEGINNING FUND BALANCE 8,956,211 10,137,981 12,312,256 12,715,128
ENDING FUND BALANCE 10,137,981 12,312,256 - 12,715,128 - 12,964,352
ECONOMIC DEVELOPMENT - TYPE A SALES TAXES
Revenue & Expenditure Projections
Fiscal Year 2022-2023
11 of 71 125
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
CITY SALES TAXES
3,525,823 4,562,301 4,000,000 5,000,000
55,333 4,779 4,000 0
Miscellaneous - 1,000
3,581,156 4,568,080 4,004,000 5,000,000
TRANSFERS IN
Transfer from General Fund - -
Transfer from Capital Projects Fund - -
TOTAL TRANSFERS IN - - - - - -
TOTAL REVENUES & TRANSFERS 3,581,156 4,568,080 4,004,000 5,000,000
EXPENDITURES-OPERATIONAL
174,633 193,206 228,032 125,971
33,525 45,363 56,300 73,000
2,170 1,989 4,650 8,650
36,430 39,587 47,600 47,600
Existing Park Improvements - - - 0
Early Prinicipal Payment - - - 0
Park Dedication Fee - - 0
Sales Tax Rebate 176,534 137,009 201,500 201,500
- 8,273 3,128,340 0
423,292 425,427 3,666,422 456,721
TRANSFERS OUT
Trnsfr Out - GDSF (Complex Debt)2,917,000 - - -
Trnsfr Out - Parks Fd (Five Star Maint.)165,000 165,000 165,000 165,000
Trnsfr Out - GDSF (Hike & Bike Trail)131,000 131,000 131,288 130,869
Trnsfr Out GDSF (Parking Lot)66,091 66,091 65,265 123,000
Trnsfr Out - Parks Fund (Personnel)134,845 134,845 134,845 134,845
TOTAL TRANSFERS OUT 3,413,936 - 496,936 496,398 553,714
TOTAL EXPENDITURES & TRANSFERS 3,837,228 - 922,363 4,162,820 1,010,435
OH COST 35,690 35,690 35,692 35,692
(291,762) 3,610,027 (194,512) 3,953,873
2,963,538 2,671,776 6,281,803 6,087,291
2,671,776 6,281,803 6,087,291 10,041,164
TOTAL EXPENDITURES
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
TOTAL REVENUES
Personnel Services
Capital Outlay
Contractual Services
Supplies
Maintenance
Sales Tax Revenues
Investment Income
COMMUNITY DEVELOPMENT - TYPE B SALES TAXES
Revenue & Expenditure Projections
Fiscal Year 2022-2023
12 of 71 126
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
REVENUES
Assessment 1,061,109 1,672,426 902,327 904,500
Interest Income 69,494 721 - -
Misc - - - -
TOTAL REVENUES 1,130,603 1,673,147 902,327 904,500
EXPENDITURES
Personnel Services 780,451 400,734 270,161 283,668
Contractual Services 694,602 574,840 686,100 686,100
Supplies 4,913 579 1,000 1,000
Maintenance & Utility 72,402 71,638 225,000 225,000
Inspections - - - -
Capital Outlay 24,080 - - -
TOTAL EXPENDITURES 1,576,448 1,047,791 1,182,261 1,195,768
ADDED ENHANCEMENT SERVICES - INSPECTIONS - - 31,400 31,400
(445,845) 625,356 (311,334) (322,668)
749,348 303,503 928,859 617,525
303,503 928,859 617,525 294,857
BEGINNING FUND BALANCE
ENDING FUND BALANCE
TIRZ ONE PID
Revenue & Expenditure Projections
Fiscal Year 2022-2023
EXCESS (DEFICIENCY)
13 of 71 127
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
REVENUES
Court Security Revenue 11,415 20,414 12,000 20,000
Investment Income
TOTAL REVENUES 11,415 20,414 12,000 20,000
EXPENDITURES
Personnel Services - - 2,700 -
Contractual Services - 2,282 2,000 -
Supplies - - 3,500 3,500
Maintenance
Capital Outlay - 12,700 -
TOTAL EXPENDITURES - 2,282 20,900 3,500
11,415 18,132 (8,900) 16,500
255,161 266,576 284,708 275,808
266,576 284,708 275,808 292,308
BEGINNING FUND BALANCE
ENDING FUND BALANCE
EXCESS (DEFICIENCY)
COURT SECURITY
Revenue & Expenditure Projections
Fiscal Year 2022-2023
14 of 71 128
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
REVENUES
Court Technology Revenue 12,501 16,812 12,000 16,000
Investment Income - - - -
TOTAL REVENUES 12,501 16,812 12,000 16,000
EXPENDITURES
Contractual Services - - - -
Supplies/ copiers/Telephone - 190 - -
Maintenance - Tyler/Duncan Parking Tech 9,175 18,576 11,500 -
Non-Capital
Capital Outlay - 34,786 - -
Overhead Costs
TOTAL EXPENDITURES 9,175 53,552 11,500 -
3,326 (36,740) 500 16,000
34,034 37,360 620 1,120
37,360 620 1,120 17,120 ENDING FUND BALANCE
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
COURT TECHNOLOGY
Revenue & Expenditure Projections
Fiscal Year 2022-2023
15 of 71 129
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
REVENUES
Juvenile Case Manager Fee 23,043 40,488 28,217
Investment Income
TOTAL REVENUES 23,043 40,488 28,217 -
EXPENDITURES
Personnel Services - - 100 -
TOTAL EXPENDITURES - - 100 -
12,986 40,488 28,117 -
- 12,986 53,474 81,591
12,986 53,474 81,591 81,591 ENDING FUND BALANCE
JUVENILE CASE MANAGER FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
16 of 71 130
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
REVENUES
Commercial Vehicle Fee/Weight 300 4,060 4,000
Investment Income
TOTAL REVENUES 300 4,060 4,000 -
EXPENDITURES
Personnel Services - - - -
Contractual Services - -
Supplies - -
Maintenance - -
Capital Outlay - -
TOTAL EXPENDITURES - - - -
300 4,060 4,000 -
300 4,360 8,360
300 4,360 8,360 8,360 ENDING FUND BALANCE
COMMERCIAL VEHICLE FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
17 of 71 131
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
REVENUES
Court Time Payment Fee 33,838 2,400 1,600
Investment Income - - - -
Transfer In - General Fund - - - -
TOTAL REVENUES 33,838 2,400 1,600 -
EXPENDITURES
Personnel Services - - - -
Contractual Services - - - -
Supplies - - - -
Maintenance - 7,125 6,000
Capital Outlay - - - -
TOTAL EXPENDITURES - 7,125 6,000 -
33,838 (4,725) (4,400) -
33,838 29,113 24,713
33,838 29,113 24,713 24,713 ENDING FUND BALANCE
COURT TIME PAYMENT FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
18 of 71 132
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
REVENUES 00
1,005,206 1,238,964 1,000,000 1,000,000
Reimbursement Tribute PTNRS 10,572
1,005,206 1,249,536 1,000,000 1,000,000
TOTAL REVENUES & TRANSFERS 1,005,206 1,249,536 1,000,000 1,000,000
EXPENDITURES
Contractual Servics 3,015 36,575 0 0
Capital Outlay 171,683 1,259,243 450,000 1,000,000
TOTAL EXPENDITURES 174,698 1,295,818 450,000 1,000,000
TRANSFERS OUT
50,000 50,000 50,000 50,000
- - - -
Projects to be determined - - -
100,000 100,000 100,000 100,000
TOTAL TRANSFERS OUT 150,000 150,000 150,000 150,000
324,698 1,445,818 600,000 1,150,000
680,508 (196,282) 400,000 (150,000)
469,190 1,149,698 953,416 1,353,416
1,149,698 953,416 1,353,416 1,203,416
TOTAL EXPENDITURES & TRANSFERS
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
TOTAL REVENUES
Transfer - General Fund
Transfer - Utility CIP
Transfer - Utility Fund
Storm Water Utility Fees
STORM WATER UTILITY FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
19 of 71 133
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Bud get Budget
IMPACT FEES
Water Impact Fees 718,720 401,177 400,000 400,000
Sewer Impact Fees 353,857 199,868 200,000 200,000
Investment Income - - - -
TOTAL REVENUES 1,072,577 601,045 600,000 600,000
EXPENDITURES
Water Impact Fee Reimbursement - - - -
Sewer Impact Fee Reimbursement 107,281 231,272 125,000 240,000
Contractual Services - Water Master Plan - - - -
TOTAL EXPENDITURES 107,281 231,272 125,000 240,000
TRANSFERS OUT:
Transfer - Capital Project Admin 300,000 - - -
Transfer - Utility Revenue Debt Service 1,000,000 1,000,000 750,000 750,000
TOTAL TRANSFERS OUT 1,300,000 1,000,000 750,000 750,000
TOTAL EXPENDITURES & TRANSFERS 1,407,281 1,231,272 875,000 990,000
EXCESS (DEFICIENCY)(334,704) (630,227) (275,000) (390,000)
BEGINNING FUND BALANCE 2,039,021 1,704,317 1,074,090 799,090
ENDING FUND BALANCE 1,704,317 1,074,090 799,090 409,090
WATER/SEWER IMPACT FEES FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
20 of 71 134
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
HOTEL/MOTEL TAXES
Taxes 849,664 1,044,986 900,000 1,000,000
Miscellaneous 1,486 - - -
851,150 1,044,986 900,000 1,000,000
TRANSFERS IN
Transfer from - General Fund 115,000 115,000 115,000 400,000
TOTAL TRANSFERS IN 115,000 115,000 115,000 400,000
TOTAL REVENUES & TRANSFERS 966,150 1,159,986 1,015,000 1,400,000
EXPENDITURES
Communications
112,836 115,232 120,313 128,424
7,176 9,242 12,940 12,940
11,277 2,589 1,460 1,460
234,566 321,742 346,415 396,475
Contractual Services 233,231 790,155 300,000 662,106
6,646 15,357 7,200 9,300
77,259 634,991 252,000 -
108,123 5,697 - -
791,114 1,895,005 1,040,328 1,210,705
TRANSFERS OUT
Transfer to CIP - - - -
Transfer to Special Event 450,000 450,000 200,000 200,000
TOTAL TRANSFERS OUT 450,000 450,000 200,000 200,000
TOTAL EXPENDITURES & TRANSFERS 1,241,114 2,345,005 1,240,328 1,410,705
OH COST 35,688 35,691 35,691 35,691
(310,652) (1,220,710) (261,019) (46,396)
1,912,754 1,602,102 381,392 120,373
1,602,102 381,392 120,373 73,977
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Personnel Services
Contractual Services
Supplies
CVB
Personnel Services
Capital Items
TOTAL EXPENDITURES
Supplies
NFM HOT Reimbursements
TOTAL REVENUES
HOTEL/MOTEL TAX FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
21 of 71 135
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
CHARGES FOR SERVICES
236,932 310,022 240,000 300,000
Concession Revenues 640 213 1,000 -
Tribute Lease - 239,375 - 220,000
Old American Lease - 35,855 - -
Blue Sky 12,000 12,090 12,000 12,000
Marine Quest 138,905 195,395 90,000 90,000
Mitigation Fees -
116
388,593 792,950 343,000 622,000
TOTAL REVENUES & TRANSFERS 388,593 792,950 - 343,000 622,000
EXPENDITURES
9,631 20,000 25,000
47,751 78,042 67,355 86,850
4,698 5,378 11,550 13,850
14,906 162,845 35,650 35,650
Non-Capital - Other Equipment - 276,076 - -
198,076 - 330,000 -
265,431 531,972 - 464,555 161,350
TRANSFERS OUT
35,000 35,000 35,000 35,000
TOTAL TRANSFERS OUT 35,000 35,000 - 35,000 35,000
300,431 566,972 - 499,555 196,350
88,162 225,978 - (156,555) 425,650
963,300 1,051,462 - 1,277,440 - 1,120,885
1,051,462 1,277,440 - 1,120,885 1,546,535
Fees & Permits
LAKE PARKS FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
Investment Income
Miscellaneous
TOTAL REVENUES
Contractual Services
Supplies
Part Time Temporary Personel
Maintenance
ENDING FUND BALANCE
Capital Outlay
TOTAL EXPENDITURES
Transfer to Parks Fund
TOTAL EXPENDITURES & TRANSFERS
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
22 of 71 136
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
REVENUES
Donations & Sponsorships 11,290 13,102 12,000 13,000
29,940 17,102 50,000 17,000
41,230 30,204 62,000 30,000
TRANSFERS IN
40,000 40,000 345,000 400,000
450,000 450,000 200,000 200,000
490,000 490,000 545,000 600,000
TOTAL REVENUES & TRANSFERS 531,230 520,204 607,000 630,000
EXPENDITURES
Personnel 119,312 129,420 137,041 140,873
Supplies - - 1,540 3,000
Christmas - 5,374 5,000 7,500
Christmas Light Show Supplemental 49,631 47,798 50,000 50,000
Christmas Light Show Base 4,895 - - -
Liberty by The Lake 36,428 73,868 91,500 96,000
American Heroes 200,065 208,500 208,500 213,000
Parent Child Event 4,765 5,666 5,350 6,550
Halloween Campout 7,195 7,981 6,000 6,000
Easter Egg Hunt 2,727 4,091 4,500 6,000
Event Marketing 383 2,996 3,500 3,500
Arbor Day 113 1,500 2,500 2,500
Movies In The Park 728 5,304 6,000 6,000
Kids Chase/Up, Up & Away(15-16)2,285 2,681 3,000 4,000
Back To School 1,700 2,161 1,900 1,900
Bow Wow Pow Wow - 1,425 1,800 1,800
Road Runners Club - 10,000 10,000 10,000
N TX Food Pantry 5,000 1,300 5,000 5,000
Chamber Golf Tourney - 15,000 6,000
Lakeside Community Theatre 12,000 12,000 12,000 12,000
Metro Relief - - - -
TOTAL EXPENDITURES 447,227 522,065 570,131 581,623
OH COST 35,688 35,670 35,670 35,670
48,315 (37,531) 1,199 12,707
(7,394) 40,921 3,390 4,589
40,921 3,390 4,589 17,296 ENDING FUND BALANCE
TOTAL REVENUES
Transfer from - General Fund
Transfer from - Hotel/Motel Tax
TOTAL TRANSFERS IN
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
Event Revenues
SPECIAL EVENTS FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
23 of 71 137
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
REVENUES
One Dollar Donation 298 287 300 300
Recycling Rebate Donation 107 - 175 -
Investment Income - - - -
TOTAL REVENUES 405 287 475 300
EXPENDITURES
Contractual Services - - - -
TOTAL EXPENDITURES - - - -
405 287 475 300
9,442 9,847 10,134 10,609
9,847 10,134 10,609 10,909
BEGINNING FUND BALANCE
ENDING FUND BALANCE
EXCESS (DEFICIENCY)
CITIZEN DONATION FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
24 of 71 138
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
REVENUES
Child Safety Fund Revenue 1,670 1,756 1,500 1,700
Denton County Child Safety Fund 46,631 49,195 46,000 49,000
48,301 50,951 47,500 50,700
TOTAL REVENUES & TRANSFERS 48,301 50,951 47,500 50,700
EXPENDITURES
Child Advocacy Center 38,300 30,535 39,525 59,500
TOTAL EXPENDITURES 38,300 30,535 39,525 59,500
TRANSFER OUT
Transfer - General Fund 10,000 10,000 10,000 10,000
TOTAL TRANSFER OUT 10,000 10,000 10,000 10,000
48,300 40,535 49,525 69,500
1 10,416 (2,025) (18,800)
34,272 34,273 44,689 42,664
34,273 44,689 42,664 23,864 ENDING FUND BALANCE
TOTAL REVENUES
TOTAL EXPENDITURES & TRANSFERS
CHILD SAFETY FUND
Revenue & Expenditure Projections
Fiscal Year 2022-2023
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
25 of 71 139
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Budget Budget
REVENUES
Donations - - - -
- - - -
TRANSFERS IN
- - 10,000 10,000
- - 10,000 10,000
TOTAL REVENUES & TRANSFERS - - 10,000 10,000
EXPENDITURES
Personnel 2,425 524 2,200 2,200
Contractual Services 215 - - -
Supplies 4,510 4,339 8,700 11,700
Maintenance - - - -
TOTAL EXPENDITURES 7,150 4,863 10,900 13,900
TRANSFERS OUT
General Fund 73,000 0 0 0
80,150 4,863 10,900 13,900
(80,150) (4,863) (900) (3,900)
86,846 6,696 1,833 933
-
6,696 1,833 933 (2,967)
KEEP THE COLONY BEAUTIFUL
Revenue & Expenditure Projections
Fiscal Year 2022-2023
BEGINNING FUND BALANCE
ENDING FUND BALANCE
TOTAL REVENUES
Transfer In - General Fund
TOTAL TRANSFERS IN
TOTAL EXPENDITURES & TRANSFERS
EXCESS (DEFICIENCY)
26 of 71 140
DEPT 2023 GENERAL DESCRIPTION
100-612 35,000$ Vehicle replacement of truck 404
SUBTOTAL COMM IMAGE 35,000$
38,100$ New employee truck
100-668 -$ Replacement truck for 6801
SUBTOTAL FACILITY MAIN 38,100$
40,000$ Ford - F150 1/2 ton Extended Cab - New Position - ROW/Engineering Inspector
ENG 40,000$ Ford - F150 1/2 ton Extended Cab - Replacement of Truck 206
SUBTOTAL 100-669 80,000$
PD 331,000$ Replace 5 police cars
SUBTOTAL 100-675 331,000$
WTR & WW 170,800$ 2023 International Diesel Tandem Axle, Single Cab Open Frame Rail
SUBTOTAL 200-662 170,800$
654,900$
1,750,000$ Trinity North Bldg - remodel remaining building
225,000$ Fleet Maintence - new generator
750,000$ Trinity North Bldg roof replacement
45,000$ Haz-Mat Yard - add water and roof/cover
80,000$ Animal Control Bldg - remodel old building
-$ Recreation Center Gym - restore metal roof system
-$ Community Center - replace roof
100-668 -$ Fire Station #2 - generator replacement
SUBTOTAL FIRE MARSHAL 2,850,000$
35,000$ Jail door preventative maintenance
PD 7,500,000$ Building expansion
SUBTOTAL 100-675 7,535,000$
10,385,000$
100,000$ Fiber Tie-ins
25,000$ PD Video Server Replacement
10,000$ City Hall Plotter Replacement
-$ Core Network Switches
-$ Microsoft Licensing upgrades
IT -$ CH Video Surveillance Server Replacement
SUBTOTAL 100-631 135,000$
4,477$ 210-BCFW: Dell Latitude 5430 Rugged Laptop Computer
4,477$ 210-BCFW: Dell Latitude 5430 Rugged Laptop Computer
ENG 1,900$ AutoCAD License Renewal
SUBTOTAL 100-669 10,854$
-$ NICE Servicer - End of Life
PSD -$ Motorola Warranty for Radio Consoles and Software
SUBTOTAL 100-674 -$
110,000$ Catch up New World licensing fees (moving to enterprise for future)
94,000$ Squad car laptop replacements
36,000$ Replace end of life jail camera servers
35,000$ Electronic citation writers and printers
PD -$ End of life body and car cameras
SUBTOTAL 100-675 275,000$
29,000$
Replace reference desk and staff & public seating (public
computer, staff desk, service desk & conference room)
8,500$ PatronPoint customer engagement software
-$ Migrate to new ILS system (integrated library system/software)
-$ Replace Phase I self-check kiosk
-$ Replace Phase II self-check kiosk
LIB -$ Purchase outreach vehicle & wrap
SUBTOTAL 100-680 37,500$
458,354$
BLDG GRAND TOTAL
COMPUTERS, SOFTWARE/HARDWARE
COMPUTERS SW/HW GRAND TOTAL
COMPREHENSIVE IMPROVEMENT PLAN SUMMARY
FISCAL YEAR 2023
VEHICLES
VEHICLE GRAND TOTAL
BUILDINGS
Page 1 of 4
27 of 71 141
DEPT 2023 GENERAL DESCRIPTION
COMPREHENSIVE IMPROVEMENT PLAN SUMMARY
FISCAL YEAR 2023
VEHICLES
FLEET 16,626$ Replace current Mohawk vehicle lift with Rotary Brand SM18 heavy duty four post lift
SUBTOTAL 100-615 16,626$
CT $ 34,901 Hardware/Software/services/setup
SUBTOTAL 100-640 34,901$ Tyler Content Management
COMM 40,000$ Community Center flooring upgrade
COMM 40,000$ Community Center refresh (facility improvements)
COMM 540,000$ Community Center parking lot expansion
COMM -$ Community Center gazeebo
SPECEV 5,000$ Events handheld ticketing and scanning devices
SPECEV 460,000$ Concrete drive and pad site for American Heroes stage
SPECEV -$ Upgrade to storage area
SPECEV -$ Large yard games for free entertainment at events
SPECEV -$ Upgrade and replace outdoor projection screen
SPECEV -$ Upgrade sound system
REC 3,500$ Replacement ice machine
REC 4,000$ Accordian mats
REC 10,000$ Table and chair replacement
REC 50,000$ PARD Admin office improvements
REC -$ Game room equipment
REC -$ Outdoor courtyard
PARKS & REC REC -$ Gymnasium floor resurfacing
SUBTOTAL 100-650 1,152,500$
ACS 20,000$
Motorola Handheld Radios & Charges - 4 @ $4,700 each = $18,800; Batteries - 4 @ $300 each =
$1,200
SUBTOTAL 100-665 20,000$
168,000$ Stryker Lease (Stretchers, AED, Monitor/Defibrilators)
182,825$ Completion of Fire Station Alerting Enhancements (FH1, 2, & 3)
118,485$ Addition & Replacement of Motorola Radios
FIRE -$ Replacement 34 Motorola Mobile APX6500 Radios
SUBTOTAL 100-670 469,310$
100,000$ Purchase a CUES Flexitrax C550c Sanitary Sewer Crawler Camera - the current camera system is no
long servicable and is no longer eligible for software upgrades - non-functioning.
30,000$
Build-a-Box Trench Shoring System with Trailer - currently borrowing trench box's from other
municipalities, this can lead to extended water shutdown times when the availability is not available
from other municipalities.
16,000$ Skid Mounted Easement Machine - topography of the city and usual placement of sewer main
collectors along creeks & channels.
11,600$
Purchase 2 confined space entry tripod, harness, winch's & gas detectors to assist in staff entering a
confined work space beforehand to indicate if there is a gas leak exposing them to the hazards of
gasous.
WTR DIST 8,000$ Inflatable Smart Shoring System - Comprises of inflatable air bags made of a material simular used by
fire depts to lift vehicles for extraction this is for the safety of our staff while working in the trenches.
SUBTOTAL 200-661 165,600$
54,000$ 4 - Dragon Products Solid Wast Disposal Waste Cans
43,950$ Dragon Products, Roll Off Hoist Unit Model: TR6-OR-184
WTR & WW 6,850$ Pioneer cover All RP4500SATR
SUBTOTAL 200-662 104,800$
PW 22,000$
Kubota RTV-X1140 Full Size Diesel Utility Side by Side 2-4 person, model transitions from hauling
cargo in the hydraulic dumping bed to transporting two additional people with a second row of
seating. Plus 1 4500lb winch capacity
SUBTOTAL 200-667 22,000$
1,985,737$ EQUIP/ENHANCEMENT TOTAL
EQUIPMENT/ENHANCEMENTS
Page 2 of 4
28 of 71 142
DEPT 2023 GENERAL DESCRIPTION
COMPREHENSIVE IMPROVEMENT PLAN SUMMARY
FISCAL YEAR 2023
VEHICLES
-$ Replacement of 2017 Road Rescue Ambulance (Medic 13)
-$ Replacement of 2014 Pierce Pumper (Squad 18)
1,750,000$ Replacement of 2014 Pierce Tower Ladder (Truck 14)
-$ Replacement of 2017 Chevrolet Tahoe (Chief 2)
-$ Replacement of 2017 Chevrolet Tahoe (Chief 3)
-$ Replacement of 2017 Chevrolet C1500 (Marshal 2)
FIRE -$ Replacement of 2019 Road Rescue Ambulance (Medic 14)
SUBTOTAL 100-670 1,750,000$
685,000$ Dispatch site Upgrade and Console Addition
-$ Dispatch Portable Radios and Chargers
4,400$ Headset and Battery Replacement
PSD -$ Console Radio Replacements - Old no longer supported
SUBTOTAL 100-674 689,400$
PD -$ End of life handheld radio replacement
SUBTOTAL 100-675 -$
2,439,400$
2,200,000$ Residential Concrete Street Reconstruction - Construction Cost (Squires Drive)
5,200,000$ Residential Concrete Street Reconstruction - Design Service & Construction - Phase 13 (Gates
Dr., Mayes Pl, Ethridge Drive and Pemberton Lane.)
1,100,000$ Concrete Street Reconstruction - Design & Construction
(South Colony & Standridge-one lane)
500,000$ Concrete Street Reconstruction - Construction Cost (East Lake Highlands Drive)
800,000$ Reconstruction Asphalt Streets - Construction Cost (Elm Street and Witt Drive)
1,500,000$ Concrete Street Repair - Lebanon Road - Design & Construction
50,000$ Traffic Signal and Pedestrian Crossing Study - Lebanon Road
500,000$ Bridge Repair at Paige Road and Memorial Drive-Design Services and Construction
50,000$ Pavement Condition Evaluation (All city streets)
20,000$ Street Lights-Citizens Request (Operations)
-$ City Wide ADA Transition Plan
1,100,000$ Arbor Glen Road Drainage Improvements-Design Service & Construction
(SW Utility Funding)
100,000$ Taylor Channel Outfall Repair -Design & Construction (SW Utility Funding)
400,000$ Tribute Channel Erosion by Lake -Design & Construction (SW Utility Funding)
20,000$ School Zone Flasher Replacements/Upgrades
150,000$ Replace/Upgrade Traffic Light Controllers, Cameras and Preemption
200,000$ Tribute Water Ponding- City Portion - HOA will match this amount
-$ Five Star Channel and Additional Regional Detention Pond
ENG -$ Concrete Channel by Hawaiian Falls - Pilot Channel
SUBTOTAL 100-669 13,890,000$
13,890,000$
-$ Groundwater Well at Tribute/Wynwood GST site (Water Master Plan-2018) - Design &
Construction
800,000$ Sanitary Sewer Pipe at Reagan Place - Aerial Crossing- Construction Service & Construction Cost
-$
New 1.0 MG Elevated Storage Tank in the Grandscape Area (Water Master Plan-2018)
-$ Wynwood Lift Station Rehabilitation (WW Master Plan)
ENG
-$ New Wastewater line to Serve New Development in East Austin Ranch in IC-3 (WW Master Plan)
SUBTOTAL 100-669 800,000$
800,000$
GRAND TOTAL 30,613,391$
EMERGENCY VEHICLES & EQUIPMENT
EMER VEHICLES & EQUIP TOTAL
STREETS
STREETS TOTAL
WATER AND WASTEWATER PROJECTS
WTR & WW PROJECTS TOTAL
Page 3 of 4
29 of 71 143
DEPT 2023 GENERAL DESCRIPTION
COMPREHENSIVE IMPROVEMENT PLAN SUMMARY
FISCAL YEAR 2023
VEHICLES
2023 GENERAL DESCRIPTION
Admin
881,000$ Early Principal Bond Payment - Debt Service Balance
Payoff - Shoreline Trail (% of Bond)
Admin
1,000,000$ New Recreation Center Building Fund - Balance with FY
2022/2023 funds: $1,400,000
Veh. and Equip.
45,000$ Ford Ranger with extended cab. Replacement for 2010
Ford Ranger (#506) 43,000 miles
Veh. and Equip.
100,000$ Toro Groundmaster 4000 mower. Replacement - Five
Star and Parks Mowing
Parks & Trails
50,000$ Five Star Upgrades (trash receptacles/benches)
Parks & Trails 45,000$ Replacement Park Ameneties
Parks & Trails
50,000$ Pond Improvements and Aeration - BB Owen -
Professional Services
Parks & Trails
75,000$
Roof Repairs: Lions Club Pavilion,
Restroom/Concession Complex at BB Owen, Turner
and North Colony Complex
Parks & Trails
780,000$ Five Star East Parking Lot Expansion - Professional
Services + Construction budget
Parks & Trails
175,000$ Dog Park lights - Replace current fixtures with LED and
add new fixtures
Parks & Trails 225,000$ Aquatic Park Trail Connection - Construction
Parks & Trails
535,000$ Bill Allen Park Playground Relocation - Professional
Services + Construction budget
Parks & Trails
875,000$
Park Loop Trail - North Colony to Frisco city limit on
Electric Easement - Professional Services +
Construction Budget
Parks & Trails -$ Ballfield Light Replacements - LED (Turner)
Aquatic Park
-$ Replace Splash Zone at the Aquatic Park (2004)
Veh. and Equip.-$ Replace irrigation truck 504 with F250 Heavy duty
super cab with utility boxes
Veh. and Equip.
-$ Field Painting Robot to be used to mark competition
fields
Parks & Trails
-$ Bill Allen Park Erosion - Addresses serious erosion on
bank upstream from the amphitheater
Parks & Trails -$ Five Star Soccer Light Replacements - LED
Admin
-$ New Rec Center Construction @ Five Star East
TOTAL CDC 4,836,000$
45,000$ Website Redesign
TOTAL CVB 45,000$
Parks and Trails
40,000$
New Gate Arm (gate only - needs electric + plans)
Parks and Trails 750,000$ Shoreline Erosion Repair
TOTAL LAKE PARK 790,000$
EQUIP/ ENHANCEMENTS GRAND
TOTAL
5,671,000$
2023 GENERAL DESCRIPTION
EDC - 604 65,000$ Ford Expedition XL, Chevy Suburban or Equivalent
SUBTOTAL 65,000$
CVB - 715 -$ Wrapped Ford Crew Transit Van or equivalent
SUBTOTAL -$
VEHICLES GRAND
TOTAL 65,000$
OTHER FUND GRAND TOTAL 5,736,000$
EQUIPMENT/ENHANCEMENTS
VEHICLES
OTHER FUNDS
FY 2023
Page 4 of 4
30 of 71 144
i
CITY OF THE COLONY
DEBT MANAGEMENT POLICIES
September 6th, 2022
Prepared by the Finance Department
Confirmed by the City Council on September 6th, 2022
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DEBT MANAGEMENT POLICIES
Table of Contents
Page No.
I. Purpose Statement 1
II. Responsibility 1
A. Bond Counsel Involvement 2
B. Financial Advisor Involvement
III. Short Term Debt 2
A. General
B. Commercial Paper
C. Line of Credit
IV. Long Term Debt 2
A. General 2
B. Bonds 3
C. Certificates of Obligation
D. Public Property Finance Contractual Obligation
E. Anticipation Notes 4
F. Negotiated versus Competitive Sale versus Private Placement
G. Bidding Parameters 5
H. Bond Elections
V. Refunding 5
VI. Capital Leasing 6
VII. Other Types of Financing 6
VIII. Ratios and Reserves 6
IX. Official Statement 7
A. Responsibility
B. Timing
C. Auditor’s Involvement 8
D. Printing
X. Ratings 8
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DEBT MANAGEMENT POLICIES
Table of Contents
Page No.
XI. Credit Enhancements 9
XII. Secondary Market Disclosure 9
XIII. Arbitrage Liability Management 10
A. General
B. Responsibility
C. Internal Interim Financing 11
D. Spend-Out Exceptions For Federal Rebate
XIV. Modification to Policies 12
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I. PURPOSE
The Debt Management Policies set forth comprehensive guidelines for the financing of
capital expenditures. It is the objective of the policies that:
1. The City obtains financing only when necessary.
2. The process for identifying the timing and amount of debt or other financing
is as efficient as possible.
3. The most favorable interest rates and lowest costs of issuance are obtained.
4. The City strives to maintain flexibility for future debt issuances.
II. RESPONSIBILITY
The primary responsibility for developing financing recommendations rests with the City
Manager. In developing the recommendations, the City Manager shall be assisted by
the Assistant City Manager and the Finance Director and their responsibilities shall be to:
1. Meet periodically to consider the need for financing and assess progress on
the Capital Improvement Program.
2. Meet as necessary in preparation for financing.
3. Review changes in state and federal legislation.
4. Review annually the provisions of ordinances authorizing issuance of
obligations.
5. Annually review services provided by the Financial Advisor, Bond Counsel,
Paying Agent and other service providers to evaluate the extent and
effectiveness of services provided.
Every February, under the direction of the Assistant City Manager, Departments will
submit Capital Projects for the Capital Improvement Program. The report shall be
prepared by the Finance Director and be based in part on information from the
department directors in the City and shall include a projection of near term financing
needs compared to available resources, an analysis of the impact of contemplated
financings on the property tax rate and user charges, and a financing recommendation.
In developing financing recommendations, city management shall consider the
following:
1. The amount of time proceeds of obligations are expected to remain on hand
and the related carrying cost.
2. The options for interim financing including short term and interfund borrowing,
taking into consideration federal and state reimbursement regulations.
3. The effect of proposed action on the tax rate and user charges.
4. Trends in interest rates.
5. Other factors as appropriate.
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A. Bond Counsel Involvement
The Bond Counsel will issue an opinion as to the legality and tax-exempt status of
any obligations. The City will also seek the advice of Bond Counsel on all other
types of financings and on any other questions involving federal tax or arbitrage
law.
The Bond Counsel is also responsible for the preparation of the ordinance
authorizing issuance of obligations, and all of the closing documents to complete
their sale and delivery, and will perform other services as defined by the contract
approved by the City Council.
B. Financial Advisor Involvement
The City will seek the advice of the Financial Advisor when necessary. The
Financial Advisor will advise on the structuring of obligations to be issued, informs
the City of various options, advise the City as to how choices will impact the
marketability of City obligations and will provide other services as defined by
contract approved by the City Council. Financial Advisor will be able to bid on
any City competitive debt issues if approval is given by the City. The Financial
Advisor will inform the City Manager of significant issues.
III. SHORT TERM DEBT
A. General
When appropriate, the city may consider short-term obligations. Some forms of
short-term obligations can be obtained quicker than long-term obligations and
thus can be used in emergencies until long-term financing can be obtained. In
some cases when the amount of financing required in the immediate future is
relatively small, it may be cheaper for the City to issue a small amount of short-
term obligations to provide for its immediate needs, than to issue a larger amount
of long-term obligations to provide financing for both immediate, and future
needs when the carrying costs of issuing obligations, which are not immediately
needed are taken into account.
The amount of short-term obligations due to mature in a year shall not exceed 5%
of the aggregate principal amount of outstanding long-term debt.
IV. LONG TERM DEBT
A. General
Long-term obligations will not be used for operating purposes, and the life of the
obligations will not exceed the useful life of the projects financed.
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A resolution of intent to issue bonds or other debt obligations authorizing staff to
proceed with preparations shall be presented for the consideration of the City
Council when capital projects are identified. This provision may be waived in the
event of emergencies or other good cause.
Debt service structure will approximate level debt service unless operational
matters dictate otherwise.
The cost of issuance of private activity bonds is usually higher than for
governmental purpose bonds. Consequently, private activity bonds will be issued
only when they will economically benefit the City.
The cost of taxable debt is higher than the cost of tax-exempt debt. However, the
issuance of taxable debt is mandated in some circumstances, and may allow
valuable flexibility in subsequent contracts with users or managers of the
improvement constructed with the bond proceeds. Therefore, the City will usually
issue obligations tax-exempt, but may occasionally issue taxable obligations.
B. Bonds
Long-term general obligation or revenue bonds may be issued to finance
significant capital improvements. If required by state law or charter, an election
will be held to authorize such obligations.
Bonds will have a maximum repayment term of 25 years or less. When
cost/beneficial, and when permitted under applicable ordinances, the City may
consider the use of surety bonds, lines of credit, or similar instruments to satisfy
reserve requirements.
C. Certificates of Obligation
Certificates of Obligation may be issued to finance permanent improvements,
land acquisition, and other public purposes. The life of certificates of obligation
issued to finance equipment shall match to the extent possible the useful life of
the equipment, which is usually three to five years.
Certificate of Obligations will be secured by a tax pledge and/or a revenue
pledge, as required by law and as determined to be in the best interest of the City.
Some revenues are restricted as to the uses for which they may be pledged.
Water and wastewater revenues may be pledged without limit.
D. Public Property Finance Contractual Obligation
Public property finance contractual obligations may be issued to finance the
acquisition of personal property. The life of the contractual obligations issued to
finance personal property shall match the useful life of the personal property.
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E. Anticipation Notes
Anticipation Notes may be used to finance projects or acquisition that could also
be financed with Certificates of Obligation.
Anticipation Notes may be secured and repaid by a pledge of revenue, taxes, a
combination of revenue and taxes or the proceeds of a future debt issue.
Anticipation Notes are authorized by an ordinance adopted by the City.
Anticipation Notes have several restrictions, which include:
1. Anticipation Notes issued for general purposes must mature before the
seventh anniversary of the date the Attorney General approves the
issue.
2. A governing body may not issue Anticipation Notes that are payable
from bond proceeds unless the proposition authorizing the issuance of
the bonds has already been approved by the voters and the
proposition states that anticipation notes may be issued.
F. Negotiated versus Competitive Sale versus Private Placement
When feasible and economical, obligations shall be issued by competitive sale
rather than negotiated sale. A sale may be negotiated when the issue is
predominantly a refunding issue or in other non-routine situations, which require
more flexibility than a competitive sale allows. In addition, market volatility may
necessitate a negotiated sale. Whenever the option exists to offer an issue either
for competitive sale or for negotiated sale, analysis of the options shall be
performed to aid in the decision making process. When a sale is not competitively
bid, the City will participate with the Financial Advisor in the selection of the
underwriter or direct purchaser.
The criteria used to select a winning bidder in a competitive sale shall be the true
interest cost. In a negotiated sale, the underwriter may be selected through a
request for proposals (RFP). The criteria used to select an underwriter in a
negotiated sale should include the following:
1. Overall experience
2. Marketing philosophy
3. Capability
4. Previous experience with the City as managing or co-managing
underwriter
5. Financial Statement
6. Public Finance team and resources
7. Breakdown of underwriter’s discount
a. Management fee – compensation to the underwriter for their
work in structuring the issue.
b. Underwriting fee – compensation to the underwriter for using their
capital to underwrite the bonds.
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c. Average takedown – the portion of the underwriter’s discount
used to pay the sales force.
d. Expenses – administrative costs such as underwriter’s counsel and
administrative fees.
In a negotiated underwriting, the sale will be, to the extent appropriate,
negotiated with a consortium of underwriting firms, to preserve some of the
benefits of competition.
When cost/beneficial, the City may privately place its debt. Since no underwriter
participates in a private placement, it may result in lower cost of issuance. Private
placement is sometimes an option for small issues. The opportunity may be
identified by the Financial Advisor.
G. Bidding Parameters
The notice of sale will be carefully constructed to ensure the best possible bid for
the City, in light of existing market conditions and other prevailing factors.
Parameters to be examined include:
1. Limits between lowest and highest coupons
2. Coupon requirements relative to the yield curve
3. Method of underwriter compensation, discount or
premium coupons
4. Use of true interest cost (TIC) versus net interest cost (NIC)
5. Use of bond insurance
6. Deep discount bonds
7. Variable rate bonds
8. Call provisions
H. Bond Elections
Before a bond election, the City Manager and City Councilmembers will be
provided with competent debt capacity analyses, tax and user fee impact
projections and other information as directed by the City Manager’s Office. The
Bond Counsel and Financial Advisor will provide support during the process.
V. REFUNDING
The City shall consider refunding debt whenever an analysis indicates the potential for
present value savings or the city’s needs to restructure its debt payments.
As a general rule, private activity bonds may be refunded in a current refunding only.
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VI. CAPITAL LEASING
Capital leasing is an option for the acquisition of a piece or package of equipment
costing less than $1,000,000.
Leasing shall not be considered when funds are on hand for the acquisition unless the
interest expense associated with the lease is less than the interest that can be earned by
investing the funds on hand or when other factors such as budget constraints or vendor
responsiveness override the economic consideration.
Whenever a lease is arranged with a private sector entity, a tax-exempt rate shall be
sought. Whenever a lease is arranged with a government or other tax-exempt entity, the
City shall strive to obtain an explicitly defined taxable rate so that the lease will not be
counted in the City’s total annual borrowings subject to arbitrage rebate.
The lease agreements shall permit the City to refinance the lease at no more than
reasonable cost should the City decide to do so. A lease, which can be called at will, is
preferable to one, which can merely be accelerated.
Since the market for lease financings is relatively inefficient, the interest rates available at
any one time may vary widely. Therefore, the City shall attempt to obtain at least three
competitive proposals for any major lease financing. The net present value of
competitive bids shall be compared; taking into account whether payments are in
advance or in arrears, and how frequently, payments are made. The purchase price of
equipment shall be competitively bid as well as the financing cost.
The advice of the City’s Bond Counsel shall be sought in any leasing arrangement and
when federal tax forms 8038 are prepared to ensure that all federal tax laws are obeyed.
The City may consider issuing certificates of participation to finance a very large project.
Care should be taken because financing costs may be greater than for other types of
financing. When possible, the lease agreement will be backed with a tax pledge.
If the City is obligated to make payment, more than a year in the future then the
agreement will probably be considered debt by the State. However, if the payments are
subject to annual appropriation by the City Council, then they may not.
VII. OTHER TYPES OF FINANCING
From time to time, other types of financing may become available. Examples of these
options are debt pools with other entities and low-interest loans from State Agencies such
as the Texas Water Development Board. The Finance Director will prepare a written
analysis of an option, with the advice of the City’s Bond Counsel and Financial Advisor.
VIII. RATIOS AND RESERVES
The portion of the City’s property tax levied for debt service shall not exceed 40% of the
total tax rate levied each year even though the Texas Attorney General’s Office, in its
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review of bonds or other obligations secured by Ad Valorem Taxes, generally imposes a
limit of $1.50 for debt service for cities with a $2.50 maximum tax rate. However, the City
is obligated to levy an Ad Valorem Tax sufficient to provide for the timely payments of its
debt obligations secured by Ad Valorem Taxes.
The City will maintain net revenues equaling to at least 1.10 times the maximum annual
principal and interest requirement and 1.25 times the average annual principal and
interest requirements of all parity bonds outstanding in the Water and Wastewater Fund.
For water and sewer, and other types of revenue bonds, the bond documents will
designate the reserve fund amount if a reserve fund is to be established.
When revenue supported debt is issued, a debt service reserve or similar alternative may
be established. The requirements for and source of the reserve will be determined on a
case-by-case basis.
IX. OFFICIAL STATEMENT
The Official Statement is the disclosure document prepared by or on behalf of the City
for an offering of securities.
A. Responsibility
The preparation of the Official Statement is the responsibility of the Finance
Director with the help of the Financial Advisor. Information for the Official
Statement is gathered from departments/divisions throughout the City.
B. Timing
The Finance Director will begin assembling the information needed to update the
Official Statement before the offering of debt. Audited financial statement
information is expected in March. As soon as it is available, audited financial
statement information and capital budget information will be incorporated.
If the next anticipated bond sale is expected to be more than twelve months after
fiscal year end, then the prior year’s audited financial statement information may
be updated using unaudited figures.
The Financial Advisor shall begin preparing the Official Statement at least eight
weeks prior to an anticipated bond issuance. Subsequent timing will generally be
as follows:
1. The first draft of the preliminary Official Statement takes approximately
2 weeks to create.
2. Copies of the first draft are provided to the City’s Bond Counsel and City
Staff, who will review it for 2 weeks. In the case of a negotiated sale, the
underwriter’s counsel will also be asked for comments.
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3. Comments from reviewers should be submitted during the two-week
review period. About 1 week will be required to make the requested
changes. After they have been made, the Official Statement is either
sent to print or subjected to a second review.
4. During the printing process or the second review, a copy of the draft
Official Statement is sent to the rating agencies for their review.
5. The preliminary Official Statement should be completed and mailed or
electronically distributed to underwriters 2 weeks prior to the bond sale
date. The preliminary document will be titled “preliminary” with red
printed disclosure language and will be called a “red herring”.
6. After interest rates have been accepted by the City Council, the final
Official Statement must be prepared and distributed to the underwriter
within seven business days of the date of sale.
C. Auditor’s Involvement
The City will include a review of its Official Statement in the contract for services
with its external auditor if required.
D. Printing
The Financial Advisor may print the Official Statement for the City.
X. RATINGS
The City’s goal is to maintain or improve its bond ratings. To that end, prudent financial
management policies will be adhered to in all areas.
Full disclosure of operations will be made to the bond rating agencies. The City staff, with
the assistance of the Financial Advisor and Bond Counsel, will prepare the necessary
materials for presentation to the rating agencies.
The City may choose to use Fitch Ratings, Moody’s or Standard and Poor’s. The City shall
maintain a line of communications with those rating agencies (Moody’s, Standard and
Poor’s, or Fitch), informing them of major financial events in the City as they occur. The
Comprehensive Annual Financial Report shall be distributed to the rating agencies after
it has been accepted by the City Council.
The rating agencies will also be notified either by telephone or through written
correspondence when the City begins preparation for a debt issuance. After the initial
contact, a formal ratings application will be prepared and sent along with the draft of
the Official Statement relating to the bond sale to the rating agencies. This application
and related documentation should be sent several weeks prior to the bond sale to give
the rating agencies sufficient time to perform their review.
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A personal meeting with representatives of the rating agencies will be scheduled every
few years or whenever a major project is initiated.
XI. CREDIT ENHANCEMENTS
Credit enhancements are mechanisms that guarantee principal and interest payments.
They include bond insurance and a line or letter of credit. Credit enhancement will
usually bring a lower interest rate on debt and a higher rating from the rating agencies,
thus lowering overall costs.
During debt issuance planning, the Financial Advisor will advise the City whether or not a
credit enhancement is cost effective under the circumstances and what type of credit
enhancement, if any, should be purchased. In a negotiated sale, bids will be taken
during the period prior to the pricing of the sale. In a competitive sale, the bidder may
purchase bond insurance if the issue qualifies for bond insurance.
XII. SECONDARY MARKET DISCLOSURE
SEC 15c2-12 regulations became effective July 3, 1995. The new regulation requires
municipal debt issuers to provide specified financial and operating information for fiscal
years beginning on January 1, 1996, or later. The information provided should mirror the
information provided in an official statement at the time of a primary offering.
The annual financial information is to be sent to all Nationally Recognized Municipal
Information Depositories (NRMSIRs) designated by the SEC. Additionally, issuers must
notify the State Information Depositories (SIDs) if one exists.
In addition to the financial and operating information, any material event must be
provided to all NRMSIRs, Municipal Securities Rulemaking Board (MSRB) and to the state
SID’s. Municipal debt issuers will be obligated to provide ongoing disclosure on the status
of the following material events:
1. Principal and interest payment delinquencies
2. Non-payment-related defaults
3. Unscheduled draws on reserves
4. Unscheduled draws on credit enhancements
5. Substitution of credit or liquidity providers, or the failure to perform
6. Adverse tax opinions or events affecting the tax-exempt status of the
security
7. Modifications to rights of security holders
8. Bond calls
9. Defeasances
10. Matters affecting collateral
11. Rating changes
The Finance Director will be designated “Compliance Officer” for disclosure
requirements. Levels of reporting will include:
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1. Notification by certified mail to NRMSIRs, and SID’s of material events, with
copies to the City Council
2. Copies of CAFR and updated tables from the Official Statement to NRMSIRs
and SIDs within six months of fiscal year end.
XIII. ARBITRAGE LIABILITY MANAGEMENT
It is the City’s policy to minimize the cost of arbitrage rebate and yield restrictions while
strictly complying with the law.
A. General
Federal arbitrage legislation is intended to discourage entities from issuing tax-
exempt obligations unnecessarily. In compliance with the spirit of this legislation,
the City will not issue obligations except for identifiable projects with very good
prospects of timely initiation. Obligations will be issued as closely in time as feasible
to the time contracts are expected to be awarded so that they will be spent
quickly.
B. Responsibility
Because of the complexity of arbitrage rebate regulations and the severity of non-
compliance penalties, the advice of Bond Counsel and other qualified experts will
be sought whenever questions about arbitrage rebate regulations arise. The City
contracts outside consultants for arbitrage rebate services.
The Accounting Manager will be responsible for identifying the amount of unspent
debt proceeds including interest which is on hand and will be responsible for
ensuring that, to the extent feasible, the oldest proceeds on hand are spent first.
The consultants will maintain a system for computing and tracking the arbitrage
rebate liability. The consultants will notify the City within 60 days of year-end of the
amount of accrued liability. The consultants will also be responsible for notifying
the City two months in advance of when a rebate of excess arbitrage earnings is
due to the Internal Revenue Service.
The City’s Bond Counsel and Financial Advisor may be requested to review in
advance any arbitrage rebate payments and forms sent to the Internal Revenue
Service.
The expenditure of obligation proceeds will be tracked in the financial accounting
system by type of issue. Investments will be pooled for financial accounting
purposes and may, at the discretion of the Finance Director, be pooled for
investment purposes. When investments of bond proceeds are co-mingled with
other investments, the City shall adhere to the Internal Revenue Service rules on
accounting allocations.
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Arbitrage rebate costs shall be charged as negative interest revenue to the funds
in which the related obligation proceeds were originally deposited.
C. Internal Interim Financing
In order to defer the issuance of obligations, when sufficient non-restricted reserve
funds are on hand, consideration shall be given to appropriating them to provide
interim financing for large construction contracts or parts of contracts. When the
appropriations are subsequently re-financed with proceeds of obligations or other
resources, the non-restricted reserve funds shall be repaid.
When expenditures are reimbursed from debt issuances, applicable state law and
the Internal Revenue Service rules on reimbursements will be complied with so that
the reimbursements may be considered expenditures for arbitrage purposes.
Requirements are in general:
1. The City shall declare its intention to reimburse expenditure with debt
proceeds before paying the expenditure, and will exclude cost of
issuance.
2. Reimbursement bonds must be issued and the reimbursement made
within eighteen months after the expenditure was made or the property
financed by the expenditure was placed in service, whichever is later.
3. The expenditure to be reimbursed must be a capital expenditure.
D. Spend-Out Exceptions For Federal Rebate
Arbitrage rebate regulations provide certain spending exceptions to the
imposition of Federal rebate obligations. One such safe harbor applies to
obligations issued for construction if certain rules are adhered to and the proceeds
are spent within two years. Other such exceptions apply to expenditures of
proceeds within 6 months or eighteen months. These options should be
considered when circumstances indicate the City will with certainty be successful
in achieving a spend-out goal. Such circumstances may include, but are not
limited to the following:
1. Obligations are issued to finance a variety of small construction projects,
not large projects that might be unexpectedly delayed after the
issuance. In addition, project management understands the
requirements and is firmly committed to achieving the spend-out goal.
2. Obligations are issued for a single, large high priority project with a
relatively short construction period and there is a high level of
commitment to speedy completion.
When the two-year spend-out option is elected, debt will be issued for an
estimated one year of expenditures to provide for unexpected delays of up to a
year without incurring penalties.
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The exercise of the spend-out options will always be coordinated with Bond
Counsel and the Financial Advisor. The city shall coordinate with Bond Counsel
and the Financial Advisor regarding the proper elections to be made in
connection therewith.
XIV. MODIFICATIONS TO POLICIES
Management staff will review these policies annually and significant changes may be
made with the approval of the City Manager. Significant policy changes will be
presented to the City Council for confirmation.
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CITY OF THE COLONY
FINANCIAL MANAGEMENT POLICIES
SEPTEMBER 6th, 2022
Prepared by the Finance Department
Confirmed by the City Council on September 6th, 2022
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FINANCIAL MANAGEMENT POLICIES
Table of Contents
Page No.
I. Purpose Statement 1
II. Accounting, Auditing and Financial Reporting 1
A. Accounting
B. Funds
C. External Auditing
D. External Auditors Responsible to City Council
E. External Auditors Rotation 2
F. External Financial Reporting
G. Internal Financial Reporting
III Internal Controls 2
A. Written Procedures
B. Department Managers Responsible
IV. Operating Budget 2
A. Preparation
B. Balanced Budget 3
C. Planning
D. Reporting
E. Control
F. Performance Measures and Productivity Indicators
V. Capital Improvement Program 3
A. Preparation
B. Control
C. Program Planning
D. Alternate Resources
E. Debt Financing 4
F. Street Maintenance
G. Water/Wastewater Main Rehabilitation and Replacement
H. Water and Wastewater Special Projects
I. Reporting
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FINANCIAL MANAGEMENT POLICIES
Table of Contents
Page No.
VI. Revenue Management 4
A. Simplicity
B. Certainty
C. Equity 5
D. Administration
E. Revenue Adequacy
F. Cost/Benefit of Abatement
G. Diversification and Stability
H. Non-recurring Revenues
I. Property Tax Revenues
J. User-Based Fees
K. Impact Fees
L. General and Administrative Charges 6
M. Utility Rates
N. Interest Income
O. Revenue Monitoring
VII. Expenditure Control 6
A. Appropriations
B. Contingency Account Expenditures
C. Purchasing
D. Professional Services
E. Prompt Payment
F. Equipment Financing 7
G. Information Technology
VIII. Asset Management 7
A. Investments
B. Cash Management
C. Fixed Assets and Inventory
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FINANCIAL MANAGEMENT POLICIES
Table of Contents
Page No.
IX. Financial Condition and Reserves 7
A. No Operating Deficits
B. Interfund Loans
C. Operating Reserves 8
D. Risk Management Program 9
E. Loss Financing
F. Enterprise Fund Self-Sufficiency
X. Debt Management 9
A. General
B. Self-Supporting-Debt
C. Analysis of Financing Alternatives
D. Voter Authorization
XI. Staffing and Training 9
A. Adequate Staffing
B. Training
C. Awards, Credentials 10
XII. Grants Financial Management 10
A. Grant Solicitation
B. Responsibility
XIII. Annual Review & Reporting 10
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I. PURPOSE STATEMENT
These policies are developed by the City Manager to guide the Finance Director, and staff
in financial matters. The overriding goal of the Financial Management Policies is to enable
the City to achieve a long-term stable and positive financial condition while conducting
its operations consistent with the council-manager form of government established in the
City Charter. The watchwords of the City’s financial management include integrity,
prudent stewardship, planning, accountability, and full disclosure.
The purpose of the Financial Management Policies is to provide guidelines for the financial
management staff in planning and directing the City’s day-to-day financial affairs and in
developing recommendations to the City Manager.
The scope of the policies spans accounting, auditing, financial reporting, internal controls,
operating and capital budgeting, revenue management, cash management,
expenditure control, and debt management.
II. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING
A. ACCOUNTING – The City’s Assistant Finance Director is responsible for establishing
the chart of accounts, and for properly recording financial transactions.
B. FUNDS - Self-balancing groups of accounts are used to account for City financial
transactions in accordance with generally accepted accounting principles. Each
fund is created for a specific purpose except for the General Fund, which is used to
account for all transactions not accounted for in other funds. Funds are created
and fund names are changed by City Council approval through resolution either
during the year or in the City Council’s approval of the annual operating budget
ordinances.
C. EXTERNAL AUDITING – The City will be audited annually by outside independent
auditors. The auditors must be a CPA firm capable to demonstrate that they have
the breadth and depth of staff to conduct the City’s audit in accordance with
generally accepted auditing standards, generally accepted government auditing
standards, and contractual requirements. The auditors’ report on the City’s
financial statements including federal grants single audit when required, will be
completed within 120 days of the City’s fiscal year end, and the auditors’
management letter will be presented to the City staff within 150 days after the City’s
fiscal year end. An interim management letter will be issued prior to this date if any
materially significant internal control weaknesses are discovered. The City staff and
auditors will jointly review the management letter with the City Council within 60
days of its receipt by the staff.
D. EXTERNAL AUDITORS RESPONSIBLE TO CITY COUNCIL – The external auditors are
accountable to the City Council and will have access to direct communication
with the City Council if the City staff is unresponsive to auditor recommendations or
if the auditors consider such communication necessary to fulfill their legal and
professional responsibilities.
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The City Council may conduct closed session annually with the auditors present
without the presence of City staff. Such meeting shall be conducted in
accordance with the Open Meetings Act.
E. EXTERNAL AUDITOR ROTATION – The City will not require external auditor rotation,
but will circulate requests for proposal for audit services periodically, normally at
five-year intervals.
F. EXTERNAL FINANCIAL REPORTING – The City will prepare and publish a
Comprehensive Annual Financial Report (CAFR). The CAFR will be prepared in
accordance with generally accepted accounting principles, and will be presented
annually to the Government Finance Officers Association (GFOA) for evaluation
and awarding of the Certification of Achievement for Excellence in Financial
Reporting. The CAFR will be published and presented to the City Council within 120
days after the end of the fiscal year. City staffing limitations may preclude such
timely reporting. In such case, the Finance Director will inform the City Manager
and the City Manager will inform the City Council of the delay and the reasons
therefore.
G. INTERNAL FINANCIAL REPORTING - The Finance Department will prepare internal
financial reports sufficient for management to plan, monitor, and control the City’s
financial affairs. Internal financial reporting objectives are addressed throughout
the policies.
III. INTERNAL CONTROLS
A. WRITTEN PROCEDURES – The Finance Director is responsible for
developing citywide written guidelines on accounting, cash handling, and other
financial matters, which will be approved by the City Manager.
The Finance Department will assist department directors as needed in tailoring
these guidelines into detailed written procedures to fit each department’s
requirements.
B. DEPARTMENT MANAGERS RESPONSIBLE – Each department director is responsible
to the City Manager to ensure that good internal controls are followed throughout
his or her department, that all guidelines on accounting and internal controls are
implemented, and that all independent auditor internal control recommendations
are addressed.
IV. OPERATING BUDGET
A. PREPARATION – The City’s “Operating Budget” is the City’s annual financial
operating plan. It consists of governmental and proprietary funds, including the
general obligation and revenue supported Debt Service Funds, but excluding
Capital Projects Funds. The budget is prepared by the Finance Department with
the cooperation of all City departments, and is submitted to the City Manager who
makes any necessary changes and transmits the document to the City Council.
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The preliminary budget should be filed with the City Secretary’s office on or before
July 31st each fiscal year, and presented to the City Council. Thereafter, the final
budget should be enacted by the City Council prior to fiscal year end. The
operating budget shall be submitted to the GFOA annually for evaluation and
awarding of the Award for Distinguished Budget Presentation.
B. BALANCED BUDGET – The operating budgets will be balanced, with current
revenues, and prior year surpluses greater than or equal to current
expenditures/expenses except a rainy day fund reserve of sixty (60) days.
C. PLANNING – The budget process will be coordinated to identify major policy issues
for City Council’s consideration several months prior to the budget
approval date.
D. REPORTING – Periodic financial reports will be prepared to enable the department
directors to manage their budgets and to enable the Finance Department to
monitor and control the budget as authorized by the City Council. Summary
financial reports will be presented to the City Council each month within four weeks
after the month end. Such reports will include current year revenue and
expenditures in comparison to budget and prior year actual revenues and
expenditures.
E. CONTROL – Operating Expenditure Control is addressed in another section of the
Policies.
F. PERFORMANCE MEASURES AND PRODUCTIVITY INDICATORS – Where appropriate,
performance measures and productivity indicators will be used as guidelines and
reviewed for efficiency and effectiveness. This information will be included in the
annual budgeting process.
V. CAPITAL IMPROVEMENT PROGRAM
A. PREPARATION – The City’s Capital Improvement Program will include all capital
projects. The Capital Improvement Plan will be prepared annually on a fiscal year
basis. The Capital Improvement Plan will be reviewed annually by the City Council.
The Capital Improvement Plan will be prepared by the Finance Department with
the involvement of all City departments.
B. CONTROL – All capital project expenditures must be approved by City Council. The
Finance Department must ensure the availability of resources before a capital
project contract is presented by the City Manager to the City Council for approval.
C. PROGRAM PLANNING – The Capital Improvement Plan will include capital
improvements program plans for future years. The planning time frame should
normally be at least five years. The replacement and maintenance for capital items
should also be projected for the next 5 years. Future maintenance and operations
will be fully costed, so that these costs can be considered in the operating budget.
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D. ALTERNATE RESOURCES – Where applicable, assessments, impact fees, or other user-
based fees should be used to fund capital projects, which have a primary benefit
to certain property owners.
E. DEBT FINANCING – Recognizing that debt is usually a more expensive financing
method, alternative financing sources will be explored before debt is issued. When
debt is issued, it will be used to acquire major assets with expected lives, which
equal or exceed the average life of the debt issued. The exceptions to this
requirement are the traditional costs of marketing and issuing the debt, capitalized
labor for design and construction of capital projects, and small component parts
which are attached to major equipment purchases.
F. STREET MAINTENANCE – The City recognizes that deferred street maintenance
increases future capital costs by an estimated 5 to 10 times. Therefore, a portion of
the General Fund Budget and/or debt issuances may be set aside each year to
maintain the quality of streets. The amount will be established annually so that
repairs will be made.
G. WATER/WASTEWATER MAIN REHABILITATION AND REPLACEMENT – The City recognizes
that deferred water/wastewater main rehabilitation and replacement increases
future costs due to loss of potable water from water mains and inflow and infiltration
into wastewater mains. Therefore, to ensure that the rehabilitation and
replacement program is adequately funded, the City may annually appropriate an
amount to provide for a water and wastewater main repair and replacement
program.
H. WATER AND WASTEWATER SPECIAL PROJECTS – A special fund will be maintained for
water and wastewater capital projects. The fund will be funded with operating
surpluses, interest earnings, and transfers from water and wastewater operations.
As soon as practicable, after each fiscal year end when annual operating results
are known, any Water/Wastewater Fund operating surplus in excess of budget
which is not required to meet ending resources requirements, may be transferred to
the Special Projects Fund with the approval of the City Council. The fund will be
used for funding water/wastewater main rehabilitation and replacement, for major
capital outlay, and for unplanned projects.
I. REPORTING – Periodic financial reports will be prepared to enable the department
managers to manage their capital budgets and to enable the Finance Department
to monitor the capital budget as authorized by the City Council.
VI. REVENUE MANAGEMENT
A. SIMPLICITY – The City will strive to keep the revenue system simple, which will result
in a decrease of compliance costs for the taxpayer or service recipient and a
corresponding decrease in avoidance to pay. The City will avoid nuisance taxes,
fees, or charges as revenue sources.
B. CERTAINTY – An understanding of the revenue source increases the reliability of the
revenue system. The City will enact consistent collection policies for its revenues so
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that assurances can be provided that the revenue base will materialize according
to budgets and plans.
C. EQUITY – The City will strive to maintain equity in the revenue system structure. That
is, the City will seek to minimize or eliminate all forms for subsidization between
entities, funds, services, utilities, and customers. However, it is recognized that public
policy decisions may lead to subsidies in certain circumstances, e.g., senior citizen
property tax exemptions or partial property tax abatement.
D. ADMINISTRATION – The benefits of revenue will exceed the cost of producing the
revenue. The cost of collection will be reviewed annually for cost effectiveness.
Where appropriate, the City will use the administrative processes of State or Federal
collection agencies in order to reduce administrative costs.
E. REVENUE ADEQUACY – The City will require that there be a balance in the revenue
system. That is, the revenue base will have the characteristic of fairness and
neutrality as it applies to cost of service, willingness to pay, and ability to pay.
F. COST/BENEFIT OF ABATEMENT – The City will use due caution in the analysis of any
tax, fee, or water and wastewater incentives that are used to encourage
development. Ideally, a cost/benefit (fiscal impact) analysis will be performed as
a part of such analysis.
G. DIVERSIFICATION AND STABILITY – In order to protect the government from
fluctuations in revenue source due to fluctuations in the economy, and variations in
weather, (in the case of water and wastewater), a diversified revenue system will
be maintained.
H. NON-RECURRING REVENUES – One-time revenues will not be used for ongoing
operations. Non-recurring revenues will be used only for non-recurring
expenditures. Care will be taken not to use these revenues for budget balancing
purposes.
I. PROPERTY TAX REVENUES – Property shall be assessed at 100% of the fair market
value as appraised by the Denton Central Appraisal District. Reappraisal and
reassessment shall be done regularly as required by State law.
All delinquent taxes will be aggressively pursued, with delinquents greater than 150
days being turned over to the City Attorney or a private attorney, and a penalty
assessed to compensate the attorney as allowed by state law, and in accordance
with the attorney’s contract.
J. USER-BASED FEES – For services associated with a user fee or charge, the direct and
indirect costs of that service will be offset by a fee where possible. There will be a
periodic review of fees and charges to ensure that fees provide adequate
coverage of costs of services. User charges may be classified as “full cost recovery,”
“partial cost recovery,” and “minimal cost recovery,” based upon City Council
policy.
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K. IMPACT FEES – Impact fees are currently imposed for water, wastewater, roadway,
and drainage in accordance with applicable city ordinances and State Law.
Impact fees will be re-evaluated at least every five years as required by law.
L. GENERAL AND ADMINISTRATIVE CHARGES – A method will be maintained whereby
the General Fund can impose a charge to the enterprise funds or special revenue
funds for general and administrative services (indirect costs), performed on their
behalf. The details will be documented in the annual budget process in the form
of transfers between funds.
M. UTILITY RATES – The City will review utility rates periodically, and if necessary, adopt
new rates that will generate revenues required to fully cover operating
expenditures, meet the legal restrictions of all applicable bond covenants, provide
for an adequate level of working capital needs and debt service requirements. This
policy does not preclude drawing down cash balance to finance current
operations. However, it is best that any extra cash balance be used instead to
finance capital projects.
N. INTEREST INCOME – Interest earned from investment of available monies, whether
pooled or not, will be distributed to the funds in accordance with the average
monthly cash balances.
O. REVENUE MONITORING – Revenues actually received will be regularly compared to
budgeted revenues and variances will be investigated. This process will be
summarized in the appropriate budget report.
VII. EXPENDITURE CONTROL
A. APPROPRIATIONS – The level of budgetary control is the department level in the
General Fund, Parks Fund, and Utility Fund and the fund level in all other funds.
When budget adjustments (i.e., amendments) between departments and/or funds
are necessary, these must be approved by the City Council. Budget appropriation
amendments at lower levels of control shall be made in accordance with the
applicable administrative procedures.
B. CONTINGENCY ACCOUNT EXPENDITURES – The City Council must approve all
contingency account expenditures of $50,000 or more, as discussed under
Purchasing.
C. PURCHASING – All purchases shall be in accordance with the City’s Purchasing
Policies.
D. PROFESSIONAL SERVICES – Professional services will generally be processed through
a request for proposal process, except for smaller contracts. The City Manager may
execute any professional services contract for less than $50,000 provided there is
an appropriation for such contract.
E. PROMPT PAYMENT – All invoices will be paid within 30 days of receipt of goods and
services or receipt of invoices, whichever is later in accordance with the prompt
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payment requirements of state law. Procedures will be used to take advantage of
all purchase discounts where considered cost effective. However, payments will
also be reasonably delayed in order to maximize the City’s investable cash, where
such delay does not violate the agreed upon payment terms.
F. EQUIPMENT FINANCING – Equipment may be financed when the useful life is at least
three years. Vehicles to be replaced are identified and evaluated every year
during the budget process. Depending on available resources, financing may be
made by debt issuance rather than from the General Fund and Utility Fund
accounts.
G. INFORMATION TECHNOLOGY – Certain information technology acquisitions will be
funded in the Information Technology Department’s budget or by debt issuance.
Acquisitions may include all related professional services costs for researching
and/or implementing an information technology project. Lease cost is also an
eligible expense.
VIII. ASSET MANAGEMENT
A. INVESTMENTS – The City’s investment practices will be conducted in accordance
with the City Council approved Investment Policies.
B. CASH MANAGEMENT – The City’s cash flow will be managed to maximize the cash
available to invest. A monthly report is provided by the Finance Director to the
Assistant City Manager for presentation to the City Council.
C. FIXED ASSETS AND INVENTORY – These assets will be reasonably safeguarded and
properly accounted for, and prudently insured.
IX. FINANCIAL CONDITION AND RESERVES
A. NO OPERATING DEFICITS – Current expenditures will be paid with current revenues
and prior year surplus. Deferrals, short-term loans, or one-time sources will be
avoided as budget balance techniques. Reserves will be used only for
emergencies or non-recurring expenditures, except when balances can be
reduced because their levels exceed guideline minimums.
B. INTERFUND LOANS - Non-routine interfund loans shall be made only in emergencies
where other temporary sources of working capital are not available and with the
approval of the City Council. At the time an interfund loan is considered, a plan to
repay it prior to fiscal year end shall also be considered.
A fund will only lend money that it will not need to spend in the immediate future.
A loan may be made from a fund only if the fund has ending resources in excess of
the minimum requirement for the fund. Total interfund loans outstanding from a
fund shall not exceed 15% of the target fund balance for the fund. If any interfund
loan is to be repaid from the proceeds of a future debt issue, a proper
reimbursement resolution will be approved at the time the loan is authorized.
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C. OPERATING RESERVES – in accordance with GASB-54, it is the policy of the City of
The Colony to classify fund balances as Non-spendable, Restricted, Committed,
Assigned, or Unassigned and develop policy for establishment and activity of each
classification. Non-spendable fund balance is (a) not in a spendable form such as
prepaid items or (b) legally or contractually required to be maintained intact as an
endowment. Restricted fund balance consists of amounts that can be spent only
on the specific purposes stipulated by law or by the external providers of those
resources. Committed fund balances are self-imposed limitations set in place prior
to the end of the fiscal year. These amounts can be used only for specific purposes
determined by a formal action of the City Council and require the same level of
formal action to remove the constraint. Assigned fund balance consists of amounts
that are subject to a purpose constraint that represents an intended use established
by the City Council. The purpose of the assignment must be narrower than the
purpose of the General Fund. Additionally, this category is used to reflect the
appropriation of a portion of existing fund balance to eliminate a projected deficit
in the subsequent year’s budget. Unassigned fund balance represents the residual
classification of fund balance and includes all spendable amounts not contained
within other classifications. Restricted, Committed, and Assigned fund balance
expenditures require prior Council approval.
(1) Policy on Committing Funds:
It is the policy of the City of The Colony that fund balance amounts will be
reported as “Committed Fund Balance” only after formal action and approval
by City Council. The action to constrain amounts in such a manner must occur
prior to year-end; however, the actual dollar amount may be determined in a
subsequent period. After approval by the City Council, the amount reported a
Committed Fund Balance cannot be reversed without Council approval.
(2) Policy of Assigning Funds:
Funds that are intended to be used for a specific purpose but have not received
the formal approval by Council may be recorded as Assigned Fund Balance. It
is the policy of the City of The Colony that fund balance amounts will be
reported as “Assigned Fund Balance” only after the City Manager has assigned
those amounts based on intentions for use of the City Council.
(3) Policy on Unassigned General, Parks, and Utility Fund balances:
It is the goal of the City to achieve and maintain an unassigned General Fund,
Parks Fund, and Utility Fund balance equal to 60 days of expenditures. The
required minimum fund balance of 60 days of expenditures is to provide working
capital needs in emergencies. The 60 days fund balance is considered as
committed fund balance in the General Fund and is approved by the City
Council via the resolution adopting this policy. To the extent reasonably
possible, in the event that the General fund balance is drawn down below the
target level, it will be replenished by the following fiscal year.
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(4) Order of fund expenditure
When multiple categories of fund balance are available for expenditure, the
City will first spend the most restricted category of funds. Normally, this will result
in the use of committed, then restricted, and lastly, unassigned fund balances.
Failure to meet these standards will be disclosed to the City Council as soon as the
situation is recognized and a plan to replenish the ending resources over a
reasonable time frame shall be adopted.
D. RISK MANAGEMENT PROGRAM – The City will aggressively pursue every opportunity
to provide for the public’s and City employees’ safety and to manage its risks.
D. LOSS FINANCING – All reasonable options will be investigated to finance losses.
Such options may include risk transfer, insurance, and risk retention.
E. ENTERPRISE FUND SELF-SUFFICIENCY – The City’s enterprise funds resources will be
sufficient to fund operating and capital expenditures. The enterprise funds will pay
(where applicable) their fair share of general and administrative expenses in lieu of
property taxes and/or franchise fees. If an enterprise fund is temporarily unable to
pay all expenses, then the City Council may waive general and administrative
expenses in lieu of property taxes and/or franchise fees until the fund is able to pay
them.
X. DEBT MANAGEMENT
A. GENERAL – The City’s borrowing practices will be conducted in accordance with
the City Council approved Debt Management Policies.
B. SELF-SUPPORTING DEBT - When appropriate, self-supporting revenues will pay debt
services in lieu of tax revenues.
C. ANALYSIS OF FINANCING ALTERNATIVES – The City will explore all financing
alternatives in addition to long-term debt including leasing, grants and other aid,
developer contributions, impact fees, and use of reserves or current monies.
D. VOTER AUTHORIZATION – The City shall obtain voter authorization before issuing
General Obligation Bonds as required by law. In general, voter authorization is not
required for the issuance of Revenue Bonds and Certificates of Obligation.
XI. STAFFING AND TRAINING
A. ADEQUATE STAFFING – Staffing levels will be adequate for the fiscal functions of
the City to function effectively. Workload shedding alternatives will be explored
before adding staff.
B. TRAINING - The City will support the continuing education efforts of all financial staff
including the investment in time and materials for maintaining a current perspective
concerning financial issues. Staff will be held accountable for communicating,
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teaching, and sharing with other staff members all information and training
materials acquired from seminars, conferences, and related education efforts.
C. AWARDS, CREDENTIALS – The City will support efforts and involvements which result
in meeting standards and receiving exemplary recitations on behalf of any of the
City’s fiscal policies, practices, processes, products, and personnel. Staff
certifications may include Certified Public Accountant, Certified Management
Accountant, Certified Internal Auditor, Certified Payroll Professional, Certified
Government Finance Officer, Professional Public Buyer, Certified Cash Manager,
and others as approved by the City Manager upon recommendation of the
Finance Director.
XII. GRANTS FINANCIAL MANAGEMENT
A. GRANT SOLICITATION – The City will stay informed about available grants and will
apply for any, which would be cost/beneficial and meet the City’s objectives.
B. RESPONSIBILITY – Departments will oversee the day to day operations of grant
programs, will monitor performance and compliance, and will also keep Finance
Department contacts informed of significant grant-related plans and activities.
Departments will also report re-estimated annual grant revenues and expenses to
the Finance Department after the second quarter of each year. Finance
Department staff members will serve as liaisons with grantor financial management
personnel, and will keep the book of accounts for all grants.
XIII. ANNUAL REVIEW & REPORTING
A. These Policies will be reviewed administratively by the City Manager at least
annually, and will be presented to the City Council for confirmation of any
significant changes.
B. The Finance Director will report annually to the City Council on compliance with
these policies.
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CITY OF THE COLONY
THE COLONY ECONOMIC DEVELOPMENT CORPORATION
THE COLONY COMMUNITY DEVELOPMENT CORPORATION
INVESTMENT POLICY
September 6th, 2022
Prepared by the Finance Department
Confirmed by the City Council on September 6th, 2022
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THE COLONY INVESTMENT POLICY
TABLE OF CONTENTS
PAGE
I. SCOPE OF POLICY 1
A. Funds Included 1
B. Funds Excluded 1
C. Pooling of Funds 1
D. Additional Requirements 1
II. PRUDENCE 1
III. OBJECTIVES OF POLICY 2
A. Safety 2
B. Liquidity 2
C. Public Trust/Transparency 2
D. Yield 2
IV. RESPONSIBILITY AND CONTROL 3
A. Delegation 3
B. Investment Officers 3
C. Conflicts of Interest 3
D. Disclosure 3
E. Investment Training 3
V. AUTHORIZED INVESTMENTS 4
VI. INVESTMENT REPORTS 4
VII. PORTFOLIO AND INVESTMENT ASSET PARAMETERS 4
A. Bidding Process for Investments 4
B. Maximum Maturities 5
C. Maximum Dollar-Weighted Maturity 5
D. Diversification 5
E. Performance Standards 5
VIII. SELECTION OF DEPOSITORY, BROKER/DEALERS, AND
INVESTMENT ADVISORS 6
A. Depository Solicitation Process 6
B. Insurability 6
C. Investment Advisors 6
IX. COLLATERALIZATION 6
A. Insurance or Collateral Pledged 6
B. Collateral Defined 6
C. Audit of Pledged Collateral 7
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PAGE
X. SAFEKEEPING AND CUSTODY OF INVESTMENT ASSETS 7
XI. MANAGEMENT AND INTERNAL CONTROLS 7
XII. INVESTMENT POLICY ADOPTION 8
XIII. INVESTMENT STRATEGY 8
A. Operating Funds 9
APPENDIX A Authorized Government Pools 9
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THE COLONY INVESTMENT POLICY
I. SCOPE OF POLICY
This Investment Policy shall govern the investment activities of all funds of the City of The Colony,
The Colony Economic Development Corporation, and The Colony Community Development
Corporation (collectively herein referred to as “THE COLONY”), excluding any specific funds cited
hereafter. This Policy serves to satisfy the state statutory requirement to define and adopt a formal
investment policy.
A. FUNDS INCLUDED:
All financial assets of all current funds of THE COLONY and any new funds created in the future,
unless specifically exempted, will be administered in accordance with this Policy. These funds are
accounted for in the City’s Annual Financial Report and may include: General Fund, Enterprise
Funds, Capital Project Funds, Special Revenue Funds, Trust and Agency Funds.
B. FUNDS EXCLUDED:
This Policy excludes Employee Retirement and Pension Funds administered or sponsored by THE
COLONY and excludes bond funds held in trust escrow accounts. THE COLONY will maintain
responsibility for these funds as required by Federal and State law and Charters and Codes.
C. POOLING OF FUNDS:
Except for cash in certain restricted and special funds, THE COLONY will consolidate cash
balances from all funds to optimize potential investment earnings. Investment income will be
allocated to the various funds based on their respective percentage participation and in
accordance with the generally accepted accounting principles.
D. ADDITIONAL REQUIREMENTS:
In addition to this Policy, bond funds (to include capital project, debt service, and reserve funds)
will be managed by the governing debt ordinance and the provisions of the Internal Revenue
Code applicable to the issuance of tax-exempt obligations and the investment of debt
proceeds.
II. PRUDENCE
Investments shall be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the management of their own affairs,
not for speculation, but for investment, considering the probable safety of the capital as well as
the probable income to be derived. The standard of prudence to be used by Investment Officers
shall be the “prudent person” standard and shall be applied in the context of managing an
overall portfolio of funds, rather than a consideration as to the prudence of a single investment.
Investment Officers acting in accordance with written procedures and this Investment Policy and
exercising due diligence shall be relieved of personal responsibility for an individual security’s
credit risk or market price changes, provided deviations from expectations are reported in a
timely fashion to the City Manager, and the City Council, and appropriate action is taken by the
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Investment Officers and their oversight managers to control adverse developments in
accordance with the terms of this Policy.
III. OBJECTIVES OF POLICY
The primary objectives of THE COLONY’s investment program in order of priority shall be
preservation and safety of principal, liquidity, public trust, and yield.
A. SAFETY:
The foremost and primary objective of THE COLONY’s investment program is the preservation and
safety of capital. Each investment transaction will seek first to ensure that capital losses are
avoided, whether the loss occurs from the default of a security or from erosion of market value.
The objectives will be to mitigate credit risk and interest rate risk. To control credit risk, investments
should be limited to the safest types of investments. Financial institutions, broker/dealers and
advisors who serve as intermediaries, shall be pre-qualified by THE COLONY. The credit ratings of
investment pools and individual securities will be monitored to assure compliance with this Policy
and State law.
To control interest rate risk, THE COLONY will structure the investment portfolio so that investments
mature to meet cash requirements for ongoing operations and will regularly monitor marketable
securities. Should an issuer experience a downgrade of its credit rating by a nationally recognized
credit rating agency below the required minimum rating, all prudent measures will be taken to
liquidate the investment.
B. LIQUIDITY:
THE COLONY’s investment portfolio will remain sufficiently liquid to enable THE COLONY to meet
operating requirements that might be reasonably anticipated. Liquidity will be achieved by
maintaining adequate cash equivalent balances, matching investment maturities with
forecasted cash flow funding requirements, and by diversifying maturities. Furthermore, since all
possible cash demands cannot be anticipated, the portfolio, or portions thereof may be placed
in bank accounts, money market mutual funds or local government investment pools, which offer
same day liquidity.
C. PUBLIC TRUST/TRANSPARENCY:
Investment Officers shall seek to act responsibly as the custodians of public trust. Investment
Officers shall avoid any transaction that might impair public confidence in THE COLONY’s ability
to govern effectively. To increase public trust and transparency, the Investment Policy will limit
investments to those easily understood. Investments are limited to money market accounts of
the Depository Bank and local governmental investment pools, and certificates of deposit of up
to 1 year in maturity as described below in section V. Authorized Investments.
D. YIELD:
THE COLONY’s investment portfolio will be designed with the objective of regularly meeting or
exceeding the optimum rate of return of a reasonable benchmark considering the risk, liquidity,
and transparency constraints. Investment Officers will seek to preserve principal, maintain liquidity
levels needed, maintain as much transparency as possible and optimize the yield of these funds.
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However, it is understood that if the yield achieved by THE COLONY is higher than the arbitrage
yield, positive arbitrage income will be rebated to the federal government as required by current
federal regulations.
IV. RESPONSIBILITY AND CONTROL
A. DELEGATION:
The Director of Finance has oversight management responsibility to establish written procedures
and controls for the operation of the investment program, consistent with this Investment Policy.
Such procedures shall include explicit delegation of authority to persons responsible for the daily
cash management operation, execution of investment transactions, overall portfolio
management, and investment reporting. The Director of Finance shall be responsible for all
transactions undertaken, and shall establish a system of controls to regulate the activities of the
Investment Officers.
B. INVESTMENT OFFICERS:
The Director of Finance and Assistant Finance Director are the “Investment Officers” of THE
COLONY. No person shall engage in an investment transaction except as provided under the
terms of this Policy and the procedures established by the Director of Finance.
C. CONFLICTS OF INTEREST:
Investment Officers and employees involved in the investment process will refrain from personal
business activity that could conflict with proper execution and management of the investment
program, or which could impair their ability to make impartial investment decisions. Investment
Officers and employees involved in the investment process shall refrain from undertaking personal
investment transactions with the same individual with whom business is conducted on behalf of
THE COLONY.
D. DISCLOSURE:
Investment Officers shall disclose to the City Manager, City Council, Boards of Directors, and the
Texas Ethics Commission any financial interests in financial institutions or any relationship within the
second degree by affinity or consanguinity to an individual that conducts business with THE
COLONY. All Investment Officers shall further disclose any large personal financial investment
positions that could be related to the performance of THE COLONY’s portfolio. Investment
Officers shall subordinate their personal investment transactions to those of this jurisdiction,
particularly with regard to the timing of purchases and sales.
E. INVESTMENT TRAINING:
In order to ensure qualified and capable investment management, the Director of Finance, the
Assistant Finance Director, and any other Investment Officers shall have a finance, accounting,
or related degree and knowledge of treasury functions. Additionally, Investment Officers must
attend investment training not less than once in a two-year period that begins on the first day of
the fiscal year and consists of two consecutive fiscal years after that date and receive not less
than 10 hours of instruction relating to investment responsibilities. This investment training may be
from educational seminars held by Government Finance Officers Association (GFOA),
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Government Treasurers Organization of Texas (GTOT), Government Finance Officers Association
of Texas (GFOAT), American Institute of Certified Public Accountants (AICPA), University of North
Texas (UNT), North Central Texas Council of Governments (NCTCOG), and Texas Municipal
League (TML). All Investment Officers of THE COLONY shall attend at least one training session
relating to their cash management and investment responsibilities within 12 months after
assuming these duties for THE COLONY. Training must include education in investment controls,
security risks, strategy risks, market risks, and compliance with state investment statutes.
V. AUTHORIZED INVESTMENTS
Funds of THE COLONY may be invested in the following investments, as authorized by Chapter
2256 of the Government Code of the State of Texas, known as the “Public Funds Investment Act”,
and as authorized by this Investment Policy. Investments not specifically listed below are not
authorized:
A. Money Market Mutual Funds of Local Government Joint Investment Pools established and
operating in compliance with the Public Funds Investment Act, and are continuously rated
no lower than AAA-m or an equivalent rating by at least one nationally recognized rating
service, have a dollar-weighted average maturity of 60 days or less, and invest only in
obligations listed in the Public Funds Investment Act.
B. Money Market Deposit accounts with bank depository.
C. Certificates of Deposits that are issued by a state or national bank that has its main office
or branch office in the State of Texas and that a) which are guaranteed or insured by the
Federal Deposit Insurance Corporation, b) are secured in compliance with Section IX
Collateralization, or c) are executed through a depository institution that has its main office
or a branch office in this State that participates in the Certificate of Deposit Account
Registry Service (CDARS) and meet the requirements of the Public Funds Investment Act.
D. Insured Cash Shelter Accounts executed through a trustee bank that has its main office or
a branch office in this State.
Only those investments specifically listed in this Policy are authorized.
VI. INVESTMENT REPORTS
The Director of Finance shall submit quarterly an investment report in compliance with the Public
Funds Investment Act. This report will be prepared in a manner, which will allow THE COLONY to
ascertain whether investment activities during the reporting period have conformed to the
Investment Policy. The report should be provided to the City Council, Boards of Directors, and the
City Manager. The reports shall be formally reviewed at least annually by an independent auditor
in conjunction with the annual audit. The result of the review shall be reported to the City Council
and Boards of Directors by that auditor. The quarterly investment report must be presented within
90 days of the end of the quarter reporting period.
The Director of Finance is responsible for the recording of investment transactions and the
maintenance of the investment records with reconciliation of the accounting records of
investments carried out by the Assistant Finance Director. Information to maintain the investment
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program and the reporting requirements is derived from various sources such as broker/dealer
research reports, newspapers, financial on-line market quotes, communication with
broker/dealers, government investment pools, and financial consulting services.
VII. PORTFOLIO AND INVESTMENT ASSET PARAMETERS
A. BIDDING PROCESS FOR INVESTMENTS:
Investment Officers for THE COLONY shall solicit bids or quotes for certificates of deposit, or other
financial institution deposit accounts either orally, in writing, electronically, or in any combination
of these methods. The Investment Officers will strive to create a competitive pricing environment
for all portfolio transactions.
B. MAXIMUM MATURITIES:
THE COLONY will manage its investments to meet anticipated cash flow requirements. THE
COLONY will not directly invest in certificate of deposits maturing more than one year from the
date of purchase.
C. MAXIMUM DOLLAR-WEIGHTED AVERAGE MATURITY:
The maximum dollar-weighted average maturity based on the stated final maturity, authorized
by this Investment Policy for the composite portfolio of THE COLONY, shall be 9 months.
D. DIVERSIFICATION:
It is the Policy of THE COLONY to diversify its investment portfolios. Assets held in each investment
portfolio shall be diversified to eliminate the risk of loss resulting from concentration of assets in a
specific maturity or specific issuer.
In establishing specific diversification strategies, the following general policies and constraints
shall apply:
1) CD maturities and shall be staggered in a way that protects interest income from the
volatility of interest rates and that avoids undue concentration of assets in a specific
maturity or Institution. Investments shall be selected which provide for stability of income
and adequate liquidity.
E. PERFORMANCE STANDARDS:
The investment portfolio will be managed in accordance with the objectives specified within this
Policy.
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VIII. SELECTION OF DEPOSITORY, BROKER/DEALERS, AND INVESTMENT ADVISORS
A. DEPOSITORY SOLICITATION PROCESS:
Primary depositories shall be selected through THE COLONY’s banking services procurement
process, which shall include a formal request for proposal (RFP) issued not less than every five
years. In selecting primary depositories, the credit worthiness of institutions shall be considered.
No public deposit shall be made except in a qualified public depository as established by state
depository laws.
THE COLONY may also establish agreements with other financial institutions under separate
contract for additional services which are necessary in the administration, collection, investment,
and transfer of municipal funds. Such deposits will only be made after the financial institution has
completed and returned the required written instruments and depository pledge agreements.
B. INSURABILITY:
Banks seeking to establish eligibility for THE COLONY’s deposits, shall submit financial statements,
evidence of federal insurance, and other information as required by the Investment Officers of
THE COLONY.
C. INVESTMENT ADVISORS:
Investment Advisors shall adhere to the spirit, philosophy and specific term of this Policy and shall
advise within the same “Standard of Care”. Selected Investment Advisors must be registered
under the Investment Advisors Act of 1940 or with the State Securities Board. A contract with an
Investment Advisor may not be for a term longer than two years and must be approved by the
City Council, including any renewals or extensions.
IX. COLLATERALIZATION
A. INSURANCE OR COLLATERAL PLEDGED:
Collateralization shall be required on depository bank deposits and certificates of deposit, in
accordance with the “Public Funds Collateral Act” and depository laws. With the exception of
deposits secured with irrevocable letters of credit at 100% of amount, the collateralization level
will not be less than 102% of market value of principal and accrued interest, less any FDIC
insurance. Evidence of the pledged collateral shall be documented by a tri-party custodial or a
master repurchase agreement with the eligible collateral pledged clearly listed in the
agreement. Collateral shall be monitored at least monthly to ensure that the market value of the
securities pledged equals or exceeds the related deposit or investment balance.
B. COLLATERAL DEFINED:
THE COLONY shall only accept, as depository or investment collateral, letters of credit issued by
the FHLB or investments stipulated by the Federal Treasury Office of the Comptroller of the
Currency, Title 12 - Banks and Banking, Paragraph 9.11.
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C. AUDIT OF PLEDGED COLLATERAL:
All collateral shall be subject to verification and audit by the Director of Finance.
X. SAFEKEEPING AND CUSTODY OF INVESTMENT ASSETS
All security transactions, including collateral for repurchase agreements, entered into by THE
COLONY shall be conducted using the delivery vs. payment (DVP) basis. That is, funds shall not
be wired or paid until verification has been made that the correct security has been received by
the safekeeping bank. The safekeeping bank is responsible for matching up instructions from THE
COLONY’s Investment Officers on an investment settlement with what is wired from the
broker/dealer, prior to releasing THE COLONY’s designated funds for a given purchase. The
security shall be held in the name of THE COLONY or held on behalf of THE COLONY in a bank
nominee name. Securities will be held by a third party custodian designated by the Director of
Finance and evidenced by safekeeping receipts. The safekeeping bank’s records shall assure the
notation of THE COLONY’s ownership of or explicit claim on the securities. The original copy of all
safekeeping receipts shall be delivered to THE COLONY. A safekeeping agreement must be in
place, which clearly defines the responsibilities of the safekeeping bank. Wires or ACH
transactions to and from government investment pools, financial institution deposits, and money
market mutual funds are the only exceptions to the DVP method of settlement.
XI. MANAGEMENT AND INTERNAL CONTROLS
The Director of Finance shall establish a system of internal controls which shall be designed to
prevent losses of public funds arising from fraud, employee error, misrepresentation by third
parties, unanticipated changes in financial markets, or imprudent actions by employees or
Investment Officers of THE COLONY.
Controls and managerial emphasis deemed most important that shall be employed where
practical are:
A. Control of collusion.
B. Separation of duties.
C. Separation of transaction authority from accounting and record keeping.
D. Custodian safekeeping receipts records management.
E. Avoidance of bearer-form securities.
F. Clear delegation of authority.
G. Documentation of investment bidding events.
H. Written confirmations from broker/dealers and financial institutions.
I. Reconcilements and comparisons of security receipts with the investment records.
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J. Compliance with investment policies.
K. Accurate and timely investment reports as required by law and this Policy.
L. Validation of investment maturity decisions with supporting cash flow data.
M. Adequate training and development of Investment Officers.
N. Verification of all investment income and security purchase and sell computations.
O. Review of financial condition of all broker/dealers, and depository institutions.
P. Information about market conditions, changes, and trends that require adjustments in
investment strategies.
The above list of internal controls represents only a partial list of a system of internal controls. In
conjunction with the annual audit, a process of independent review by an external auditor shall
be established.
XII. INVESTMENT POLICY ADOPTION
THE COLONY’s Investment Policy shall be adopted by resolution of the City Council and Boards
of Directors. The Policy and general investment strategy statements shall be reviewed on an
annual basis by the City Council and Boards of Directors, and any modifications made thereto
must be approved by them.
XIII. INVESTMENT STRATEGY
Effective investment strategy development coordinates the primary objectives of THE COLONY’s
Investment Policy and cash management procedures. Cash management to increase the
available “investment period” will be employed when necessary to enhance the ability of THE
COLONY to earn interest income. Maturity selections shall be based on cash flow and market
conditions to take advantage of interest rate cycles. THE COLONY’s portfolio shall be designed
and managed in a manner responsive to the public trust and consistent with the Investment
Policy.
Each major fund type has varying cash flow requirements and liquidity needs. Therefore specific
strategies shall be implemented considering the Fund’s unique requirements. THE COLONY funds
shall be analyzed and invested according to the following major fund types:
A. Operating Fund
B. Capital Project Funds and Special Purpose Funds
C. Debt Service Funds
D. Bond Reserve Funds
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OVERALL STRATEGY:
THE COLONY’s basic investment strategy is to utilize investment options that represent suitable
risk/return alternatives for excess operating reserves which are easily understood by the public.
Therefore, investment of excess operating funds shall seek to preserve principal and promote
transparency by restricting authorized investment instruments to those investments which are
easily understood with suitable and limited credit and market risk.
Liquidity will be maintained by utilizing projected cash flow needs to limit investment maturities
and targeting minimum cash balances. Investment marketability will be maintained based on
the fund-type strategies to sufficiently and reasonably assure that investments could be
liquidated prior to the maturity, if cash needs dictate.
THE COLONY shall also diversify its investment portfolio. Whenever practical, assets held in the
investment portfolio shall minimize the risk of loss resulting from concentration of assets in a specific
maturity or specific issuer. THE COLONY will group investment instruments into “fund-type
investment groups.” These groups will reflect similar needs as to maturity limits, diversity, and
liquidity.
THE COLONY funds shall seek to achieve a competitive yield appropriate for each strategy. Yield
objectives shall at all times be subordinate to the objectives of safety, liquidity and transparency.
Tax-exempt debt proceeds shall be invested to optimize the interest earnings retained by THE
COLONY, while at the same time fully complying with all applicable State laws and federal
regulations, including the arbitrage rebate regulations.
A. OPERATING FUNDS:
Operating Funds shall have as their primary objective to assure safety of principal. The secondary
objective is to assure that anticipated cash outflows are matched with adequate investment
liquidity. The secondary objective is to create a portfolio structure, which will experience minimal
volatility during changing economic cycles. Objectives may be accomplished by investing in
money market accounts of the depository bank or government investment pools or bank
certificates of deposits.
APPENDIX A
AUTHORIZED LOCAL GOVERNMENT INVESTMENT POOLS
TEXPOOL/TEXPOOL PRIME (Texas Local Government Investment Pools)
LOGIC (Local Government Investment Cooperative)
TEXASTERM/TEXASDAILY (Local Government Investment Pools)
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022-_______
ADOPT MUNICIPAL BUDGET FOR FISCAL YEAR 2022-2023
AN ORDINANCE OF THE CITY OF THE COLONY, APPROVING AND
ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2022, THROUGH SEPTEMBER 30, 2023;
PROVIDING FOR THE INTRA AND INTER-DEPARTMENT FUND
TRANSFERS; PROVIDING THAT EXPENDITURES FOR SAID
FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID
BUDGET; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Executive Director of Administration for the City of The Colony, Texas
has heretofore filed with the City Secretary, a proposed general budget for the City covering the
fiscal year 2022-2023; and
WHEREAS, a public hearing was duly held and all interested persons were given an
opportunity to be heard for or against any item therein in accordance with the Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1: That the attached budget, presented by the City Manager and reviewed
during Council meetings and work sessions, and as amended be approved for the fiscal year
2022-2023.
SECTION 2: That the City Manager be and is hereby authorized to make intra and
Council approved inter-departmental fund transfers during the fiscal year as becomes necessary
in order to avoid over-expenditures of a particular account.
SECTION 3: That said Budget as attached hereto as Exhibit “A” of this Ordinance, and
made a part hereof for all purposes, is hereby approved in all respects and is adopted as the
City’s budget for the fiscal year beginning October 1, 2022, and ending September 30, 2023.
SECTION 4: The fact that the fiscal year begins on October 1, 2022, requires that this
Ordinance be effective upon its passage and adopted to preserve the public peace, property,
health and safety, and shall be in full force and effect from and after its passage and adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER 2022.
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2
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
__________________________________
Tina Steward, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
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Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving an ordinance levying of the Public Improvement District Annual Assessment
on properties located within the City of The Colony Public Improvement District No. 1 for the Fiscal Year
2022-23. (Maurina)
Suggested Action:
2022-23 assessment of Grandscape properties for maintenance.
Attachments:
Ord. 2002-xxxx PID Assessment.pdf
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022 - ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, RELATED TO THE CITY OF THE COLONY PUBLIC
IMPROVEMENT DISTRICT NO. 1; APPROVING A SERVICE AND
ASSESSMENT PLAN FOR THE DISTRICT FOR FISCAL YEAR 2022-2023
ANNUAL FACILITY PUBLIC IMPROVEMENTS, WATERFRONT PUBLIC
IMPROVEMENTS, AND RELATED DEVELOPMENT PUBLIC
IMPROVEMENTS FOR DEVELOPED PROPERTIES WITHIN THE
DISTRICT CONSISTING OF THE FACILITY PROPERTY, WATERFRONT
PROPERTY AND RELATED DEVELOPMENT PROPERTY; APPROVING
AN ASSESSMENT ROLL FOR THE FACILITY PROPERTY, WATERFRONT
PROPERTY, AND RELATED DEVELOPMENT PROPERTY WITHIN THE
DISTRICT; LEVYING A SPECIAL ASSESSMENT AGAINST THE FACILITY
PROPERTY, WATERFRONT PROPERTY, AND RELATED
DEVELOPMENT PROPERTY WITHIN THE DISTRICT TO PAY FOR
FISCAL YEAR 2022-2023 ANNUAL FACILITY PUBLIC IMPROVEMENTS,
WATERFRONT PUBLIC IMPROVEMENTS, AND RELATED
DEVELOPMENT PUBLIC IMPROVEMENTS; PROVIDING FOR THE
COLLECTION OF THE SPECIAL ASSESSMENTS; CREATING A CHARGE
AND LIEN AGAINST SAID PROPERTIES; RATIFYING AND CONFIRMING
PRIOR ACTIONS RELATED TO THE DISTRICT; PROVIDING PENALTIES
FOR DELINQUENT SPECIAL ASSESSMENTS; CREATING A DISTRICT
PROJECT FUND; PROVIDING FINDINGS AND DETERMINATIONS BY
AND RELATED TO THE DISTRICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 372 of the Texas Local Government Code (hereinafter referred to as
the “Act”) authorize the City of The Colony, Texas, to create a public improvement district within the
City of The Colony, Texas; and
WHEREAS, on Monday, September 17, 2012, there was presented to the City of The
Colony, Texas (hereinafter referred to as the “City”) a petition (hereinafter referred to as the
“Petition”) seeking the authorization to establish a public improvement district (hereinafter referred
to as the “District”) within the City pursuant to Chapter 372 of the Texas Local Government Code, as
amended, for an approximately 439.12 acre tract or tracts of land, which is more further described
and depicted in Exhibit A of this Ordinance, which is attached hereto and incorporated herein for
all purposes; and
WHEREAS, on Tuesday, September 18, 2012, the City Council for the City approved
Resolution No. 2012-067, ordering a public hearing for October 8, 2012 (hereinafter referred to as the
“Creation Public Hearing”), to consider a resolution creating the District; and
WHEREAS, on or before September 22, 2012, the City Secretary mailed and caused to
be published notice of the Creation Public Hearing as required by the Act, which date was before
the 15th day before the date of the Creation Public Hearing; and
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WHEREAS, after mailing, publishing, and otherwise providing all notices of the Creation
Public Hearing as required by the Act and state law, the City Council conducted the Creation
Public Hearing on October 8, 2012, at the time and place and for the purposes set forth in the
notices; and
WHEREAS, Owner appeared at the Creation Public Hearing by its representative and
affirmed Owner’s request to create the District; and
WHEREAS, no one appeared at the Creation Public Hearing in opposition to the creation
of the District; and
WHEREAS, after all persons having an interest in the District were given an opportunity
to be heard in support of or in opposition to the creation of the District, the City Council closed
the Creation Public Hearing on October 8, 2012, and by a majority vote of all members of the
City Council adopted and approved Resolution No. 2012-073 creating the District; and
WHEREAS, on October 9, 2012, the City Secretary caused notice of Resolution No.
2012-073 to be published as required by the Act; whereupon the creation of the District took effect
as provided by the Act; and
WHEREAS, on Tuesday, August 16, 2022, the City Council adopted and approved a
resolution accepting the City of The Colony Public Improvement District No. 1, Preliminary 2022-
2023 Annual Service and Assessment Plan, dated August 16, 2022, for properties within the District,
including (i) a determination of the cost of the public improvements and supplemental services being
provided for the special benefit of the District; (ii) a service plan; (iii) an assessment plan; and (iv) an
assessment roll (collectively, the “Preliminary 2022-2023 Annual SAP”); and
WHEREAS, after all persons having an interest in the levy of special assessments against
the Facility Property, Waterfront Property and Related Development Property within the District
were given an opportunity to be heard in support of or in opposition to the special assessments, the
City Council closed the Assessment Hearing on September 6, 2022; and
WHEREAS, after the closing of the Assessment Hearing, and after considering the
information, materials, evidence, and testimony offered to the City Council prior to and at the
Assessment Hearing, and there were no objections to the levy of the special assessments against
the Facility Property, Waterfront Property and Related Development Property, the City Council
has determined that it promotes the interests of the City to adopt and approve this Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The recitals set forth in the WHEREAS clauses of this Ordinance are true
and correct, are part of this Ordinance for all purposes, and constitute findings and determinations
of the City Council acting in its discretionary, legislative capacity.
SECTION 2. The City Council has investigated and determined and hereby ratifies and
confirms that:
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2.1 The matters set forth in the Petition are true and correct;
2.2 The Petition complies with all requirements of the Act and is sufficient under the
Act for all purposes including, but not limited to, the creation of the District;
2.3 The Facility Public Improvements, Waterfront Public Improvements, and Related
Development Public Improvements more particularly described in the Service and
Assessment Plan, attached hereto as Exhibit C are authorized by the Act, promote the
interests of the City, and confer a special benefit on the Facility Property, Waterfront
Property, and the Related Development Property;
2.4 The form, content, timing, and method for providing notice of the Creation Public
Hearing, and all matters related to the conduct of the Creation Public Hearing and the
adoption of Resolution No. 2012-073 creating the District were in accordance with the Act,
state law, and the City Charter and ordinances of the City;
2.5 Prior to conducting the Assessment Hearing and the adoption of this Ordinance, the
City Council determined the total cost of the Facility Public Improvements, Waterfront
Public Improvements, and Related Development Public Improvements based on Official
Reports and filed with the City Secretary and made available for public inspection the
Preliminary 2022-2023 Annual SAP;
2.6 The form, content, timing, and method for providing the notice of the Assessment
Hearing, and all matters related to the conduct of the Assessment Hearing and the adoption
of this Ordinance, were in accordance with the Act, state law, and the City Charter and
ordinances of the City;
2.7 The City Council has provided opportunity for the owners of property liable for the
special assessments, and for the public at large, to appear, in person or by their
representatives, and present objections to the creation of the District and the levy of the
special assessments; however, no objections to the creation of the District or to the levy of
the special assessments against the Facility Property, Waterfront Property, and the Related
Development Property were presented; and
2.8 All actions taken by the City Council in connection with the District have been
taken and performed in accordance with the Act, state law, and the City Charter and
ordinances of the City and in a regular, proper, and valid manner.
SECTION 3. The City of the Colony Public Improvement District No. 1 2022-2023
Annual Service and Assessment Plan dated August 16, 2022, a copy of which is attached hereto
as Exhibit C, and is incorporated herein for all purposes (as updated, from time to time, the
“Service and Assessment Plan”) is hereby approved by the City Council as the “service plan,”
“assessment plan,” and “assessment roll” as the 2022-2023 Annual Service and Assessment Plan
for the Facility Property, Waterfront Property, and the Related Development Property as required
by the Act, and is incorporated as part of this Ordinance for all purposes. The Service and
Assessment Plan shall be updated by the City Council no less frequently than annually as required
by the Act and more frequently as required by the Service and Assessment Plan. A copy of the
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Service and Assessment Plan, as updated from time to time, is available from the City Secretary.
SECTION 4. Unless otherwise defined in this Ordinance, capitalized terms used in this
Ordinance shall have the meanings given to them in the Service and Assessment Plan.
SECTION 5. Based on the Service and Assessment Plan, attached hereto as Exhibit C,
the City Council hereby levies a Special Assessment (as a “special assessment” under the Act)
upon the Facility Property, Waterfront Property, and the Related Development Property in the
amounts set forth in Exhibit B of this Ordinance, which is attached hereto and incorporated herein
for all purposes.
SECTION 6. Each Special Assessment against the Facility Property, Waterfront Property,
and the Related Development Property, together with interest, the expenses of collection, and
reasonable attorney’s fees, if incurred, constitutes a lien against the Facility Property, Waterfro nt
Property, and the Related Development Property (the priority of which is established by the Act)
and is the personal liability of and charge against the owner of the Facility Property, Waterfront
Property, and the Related Development Property regardless of whether the owner is named in this
Ordinance.
SECTION 7. The assessment lien against the Facility Property, Waterfront Property, and
the Related Development Property created by the Special Assessment is effective from the date of
this Ordinance and “runs with the land.” The assessment lien against the Facility Property,
Waterfront Property, and the Related Development Property may be enforced by the City,
including foreclosure, in the same manner that an ad valorem tax lien is foreclosed. Any purchaser
of the Facility Property, Waterfront Property, and the Related Development Property in foreclosure
takes subject to the lien against the Facility Property, Waterfront Property, and the Related
Development Property created by the Special Assessment.
SECTION 8. The Special Assessments against the Facility Property, Waterfront Property,
and the Related Development Property as set forth in Exhibit B of this Ordinance are due and
payable not later than January 31, 2023, and will be delinquent on February 1, 2023. Delinquent
Special Assessments shall incur interest, penalties, and attorney's fees in the same manner as
delinquent ad valorem taxes.
SECTION 9. The City (or any other person, entity, or governmental agency permitted by
law) shall bill, collect, and immediately deposit Assessment Revenue into a segregated operating
account, the PID Operating Account for Annual Assessments, as provided by the Service and
Assessment Plan. The PID Operating Account for Annual Assessments (and the sub-accounts
thereof) shall be created by the City and shall be segregated from all other funds of the City. The
City shall only use the funds in the PID Operating Account for Annual Assessments for the
purposes determined by the City Council at the time the Special Assessments are levied.
SECTION 10. Based on materials and information prepared by City staff and qualified
professional consultants, on testimony provided throughout the process of creating the District and
levying the Special Assessments including, but not limited to, testimony offered at the Creation
Public Hearing and Assessment Hearing, and on other information, materials, evidence, and
testimony available to or provided to the City Council for its consideration, the City Council, acting
in its discretionary, legislative capacity, hereby finds and determines:
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10.1 That the Facility Property, Waterfront Property, and the Related Development
Property are specially benefited by the Facility Public Improvements, Waterfront Public
Improvements and Related Development Improvements, as applicable, in an amount that
exceeds the Special Assessments levied against the Facility Property, Waterfront Property,
and the Related Development Property;
10.2 That the Special Assessments against the Facility Property, Waterfront Property,
and the Related Development Property: (i) is just and equitable; (ii) produces substantial
equality, considering the benefits received and the burdens imposed; (iii) results in
imposing equal shares of the cost of the Public Improvements on property within the
District that is similarly benefitted; and (iv) is authorized by and has been levied in
accordance with the Act, state law, City Charter, and the ordinances of the City;
10.3 That all prerequisites to the fixing of the Special Assessment lien against the
Facility Property, Waterfront Property, and the Related Development Property, and to the
personal liability of the real and true owner of the Facility Property, Waterfront Property,
and the Related Development Property, whether named in this Ordinance or not, have been
in all things regularly and duly performed in compliance with the Act and all other
applicable laws, ordinances, regulations, procedures, and policies; and
10.4 That the Special Assessments levied against the Facility Property, Waterfront
Property, and the Related Development Property are in amounts required to pay the cost of
the Public Improvements.
SECTION 11. The City Council may make supplemental assessments to correct
omissions or mistakes related to the cost of the Public Improvements and reassessments if the City
Council determines that any special assessment is excessive. The City Council may also adjust
Special Assessments downward following each annual update to the Service and Assessment Plan.
SECTION 12. This Ordinance incorporates, by reference, all provisions of the Act. In
the event of any conflict between this Ordinance and the Act, the Act shall control.
SECTION 13. If any provision of this Ordinance, or the application of any provision to
any person or set of circumstances, is held by any court to be invalid, the remaining provisions
shall be unaffected. All provisions of this Ordinance are severable for such purpose.
SECTION 14. This Ordinance shall take effect effective immediately upon passage and
approval by the City Council.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 6TH DAY OF SEPTEMBER, 2022.
APPROVED:
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the 6th day of September, 2022, by Richard
Boyer, Mayor of the City of The Colony, Texas, a Texas home-rule municipality, on behalf of said
municipality.
____________________________________
Notary Public, State of Texas
194
Exhibit A
Legal Description of the Property (439.12 Acres)
Being a 439.12 acre tract of land situated in the B.B.B & C.R.R. Survey, Abstract No. 173, B.B.B.
& C. Survey, Abstract No. 174, Thomas A. West Survey, Abstract No. 1344, and the M.D.T.
Hallmark Survey, Abstract No. 570, Denton County, Texas, and being all of a tract of land
conveyed by deed to 121 Acquisition Company, LLC., as recorded in Instrument No. 2011-
114773, 2011-121444, and 2011-112195, Deed Records, Denton County, Texas, and a portion of
Plano Parkway and a portion of Burlington Northern Railroad tract, and being more particularly
described as follows:
BEGINNING at a found Txdot monument, said point being the northwest corner of said 121
Acquisition Company, LLC tract and being in the south right-of-way line of State Highway 121
(having a variable width R.O.W.);
THENCE North 63°32'06" East, along said south right-of-way line, a distance of 130.52 feet to a
point for corner;
THENCE North 60°22'33" East, continuing along said south right-of-way line, a distance of 80.86
feet to a point for corner;
THENCE South 29°13'03" East, continuing along said south right-of-way line, a distance of 50.00
feet to a point for corner;
THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of
219.64 feet to a point for corner, said point being in the west right-of-way line of Plano Parkway
(100 ft R.O.W.);
THENCE North 50°53'35" East, leaving said south right-of-way line, and leaving said west right-
of-way line, a distance of 100.00 feet to a point for corner, for the beginning of a non-tangent curve
to the right having a radius of 950.00 feet and a central angle of 1°26'54" and a long chord which
bears North 38°22'58" West, 24.01 feet, said point being in the east right-of-way line of said Plano
Parkway;
THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc
distance of 24.01 feet to a point for corner, said point being the most southerly point of a corner -
clip of the intersection of said east right-of-way line of Plano Parkway and the south right-of-way
line of said State highway 121;
THENCE North 08°46'31" East, along said corner-clip, a distance of 26.03 feet to a point for
corner, said point being in the south right-of-way line of said State highway 121;
THENCE North 60°47'38" East, along said south right-of-way line, a distance of 203.71 feet to a
point for corner;
THENCE North 58°17'36" East, continuing along said south right-of-way line, a distance of
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252.11 feet to a point for corner;
THENCE North 55°47'40" East, continuing along said south right-of-way line, a distance of
105.11 feet to a point for corner;
THENCE North 58°17'42" East, continuing along said south right-of-way line, a distance of
248.62 feet to a point for corner;
THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of
263.85 feet to a point for corner;
THENCE North 76°30'51" East, continuing along said south right-of-way line, a distance of 92.27
feet to a point for corner;
THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of
100.40 feet to a point for corner;
THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of
100.18 feet to a point for corner;
THENCE North 60°16'36" East, continuing along said south right-of-way line, a distance of 39.88
feet to a point for corner;
THENCE South 74°12'01" East, continuing along said south right-of-way line, a distance of 70.70
feet to a point for corner;
THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 64.12
feet to a point for corner;
THENCE North 15°47'17" East, continuing along said south right-of-way line, a distance of 73.27
feet to a point for corner;
THENCE North 59°04'32" East, continuing along said south right-of-way line, a distance of 94.25
feet to a point for corner;
THENCE North 55°39'04" East, continuing along said south right-of-way line, a distance of
100.40 feet to a point for corner;
THENCE North 47°37'54" East, continuing along said south right-of-way line, a distance of
114.18 feet to a point for corner;
THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of
3800.00 feet to a point for corner;
THENCE North 65°20'10" East, continuing along said south right-of-way line, a distance of
189.41 feet to a point for corner;
THENCE North 61°56'23" East, continuing along said south right-of-way line, a distance of
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100.02 feet to a point for corner;
THENCE North 63°39'23" East, continuing along said south right-of-way line, a distance of
100.12 feet to a point for corner;
THENCE North 64°47'53" East, continuing along said south right-of-way line, a distance of
100.24 feet to a point for corner;
THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of
201.00 feet to a point for corner;
THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of
100.40 feet to a point for corner;
THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of
100.50 feet to a point for corner;
THENCE North 63°05'04" East, continuing along said south right-of-way line, a distance of
100.08 feet to a point for corner;
THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of
100.18 feet to a point for corner;
THENCE North 83°05'27" East, continuing along said south right-of-way line, a distance of 69.58
feet to a point for corner;
THENCE North 60°39'18" East, continuing along said south right-of-way line, a distance of 33.81
feet to a point for corner, said point being in the west right-of-way line of Burlington Northern
Railroad (having a variable width R.O.W.);
THENCE North 60°38'52" East, leaving said west right-of-way line, a distance of 107.30 feet to a
point for corner, said point being in the east right-of-way line of said Burlington Northern Railroad;
THENCE North 60°45'58" East, leaving said east right-of-way line, continuing along said south
right-of-way line of State Highway 121, a distance of 254.35 feet to a point for corner;
THENCE North 63°19'02" East, continuing along said south right-of-way line, a distance of
585.96 feet to a point for corner;
THENCE North 60°52'09" East, continuing along said south right-of-way line, a distance of
369.37 feet to a point for corner, said point being in the west right -of-way line of West Spring
Creek Parkway (having a 160 ft R.O.W.);
THENCE South 29°24'43" East, leaving said south right-of-way line, and along said west right-
of-way line, a distance of 265.52 feet to a point for corner, for the beginning of a non-tangent curve
to the right having a radius of 970.00 feet and a central angle of 29°13'42", and a long chord which
bears South 14°53'13" East, 489.48 feet;
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THENCE continuing along said west right-of-way line, and along said non-tangent curve to the
right an arc distance of 494.83 feet to a point for corner;
THENCE South 00°22'42" East, continuing along said west right-of-way line, a distance of 476.17
feet to a point for corner;
THENCE South 00°23'35" East, continuing along said west right-of-way line, a distance of 864.92
feet to a point for corner, said point being in the north line of Kings Ridge Addition, Phase Three,
as recorded in Cabinet X, Page 450, Plat Records, Denton County, Texas;
THENCE South 89°40'20" West, leaving said west right-of-way line, and along said north line, a
distance of 1199.93 feet to a point for corner, said point being in the east right-of-way line of said
Burlington Northern Railroad;
THENCE North 87°39'44" West, leaving said north line, leaving said east right-of-way line, a
distance of 101.16 feet to a point for corner, for the beginning of a non-tangent curve to the right
having a radius of 3703.75 feet and a central angle of 3°44'19" and a long chord which bears South
04°12'25" West, 241.62 feet, said point being in the west right-of-way line of said Burlington
Northern Railroad;
THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc
distance of 241.67 feet to a point for corner;
THENCE South 06°04'35" West, continuing along said east right-of-way line, a distance of
2524.64 feet to a point for corner;
THENCE North 83°17'00" West, continuing along said east right-of-way line, a distance of 190.16
feet to a point for corner;
THENCE South 00°51'51" East, continuing along said east right-of-way line, a distance of 970.10
feet to a point for corner;
THENCE South 89°03'50" West, continuing along said east right-of-way line, a distance of 31.06
feet to a point for corner;
THENCE South 01°14'37" East, continuing along said east right-of-way line, a distance of 447.78
feet to a point for corner;
THENCE North 87°06'22" West, leaving said east right-of-way line, a distance of 1240.48 feet to
a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1130.00
feet and a central angle of 103°16'58", and a long chord which bears North 38°43'34" West,
1772.16 feet, said point being in the east right-of-way line of said Plano Parkway;
THENCE along said east right-of-way line, and along said non-tangent curve to the left an arc
distance of 2036.97 feet to a point for corner;
THENCE South 89°38'05" West, continuing along said east right-of-way line, a distance of 647.23
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feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of
950.00 feet and a central angle of 40°05'36" and a long chord which bears North 70°19'29" West,
651.29 feet;
THENCE continuing along said east right-of-way line, and along said non-tangent curve to the
right an arc distance of 664.77 feet to a point for corner, for the beginning of a reverse curve to the
left having a radius of 1050.00 feet and a central angle of 40°15'06" and a long chord which bears
North 70°25'01" West, 722.57 feet;
THENCE continuing along said east right-of-way line, and along said curve to the left an arc
distance of 737.65 feet to a point for corner;
THENCE South 89°31'25" West, continuing along said east right-of-way line, a distance of
623.83 feet to a point for corner, for the beginning of a tangent curve to the right having a radius
of 950.00 feet, a central angle of 0°48'07", and a long chord which bears South 89°55'28" West,
13.21 feet;
THENCE continuing along said east right-of-way line, along said curve to the right, an arc distance
of 13.21 feet to a point for corner;
THENCE South 00°19'22" West, leaving said east right-of-way line, a distance of 100.00 feet to
a point for corner, said point being in the west right-of-way line of said Plano Parkway;
THENCE South 89°58'40" West, leaving said west right-of-way line, a distance of 1210.45 feet
to a point for corner;
THENCE North 00°25'18" West, a distance of 226.47 feet to the POINT OF BEGINNING and
CONTAINING 19,128,279 square feet, 439.12 acres of land, more or less.
199
200
Exhibit B
[Special Assessment upon the Facility Property, Waterfront Property,
and the Related Development Property]
201
202
203
Exhibit C
[Service and Assessment Plan]
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Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance approving a Gateway Standards Waiver from
Section 10A-600 (e) to allow 1) the location of parking between the right of way and the building façade to be
165 feet, where 100 feet is the maximum and 2) permit all parking for a multi-building commercial development
within the front of the primary buildings, where the majority of the parking is to be located to the side or rear of
the primary building. The subject site contains approximately 2.33 acres and is located at 4675 SH 121 within
the General Retail (GR) zoning district and the Gateway Overlay District. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations
Attachments:
GSW22-0001 CC Staff Report Zips (Carwash) Gateway Standards Waiver FINAL.pdf
GSW22-0001 Locator Map.pdf
GSW22-0001 Exhibit.pdf
Ord. 2022-xxxx Zip's Carwash, 4675 SH121 GSW-parking location.pdf
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CITY COUNCIL REPORT
AGENDA DATE: September 6, 2022
DEPARTMENT: Planning Department
SUBJECT: GSW22-0001 4675 SH 121 Zip’s (Carwash) Gateway Standards Waiver
Conduct a public hearing, discuss, and consider approval of a Gateway Standards Waiver from
Section 10A-600 (e) to allow (1) the location of parking between the right of way and the building
façade to be 165 feet, where 100 feet is the maximum and (2) permit all parking for a multi-
building commercial development within the front of the primary buildings, where the majority of
the parking is to be located to the side or rear of the primary building. The subject site contains
approximately 2.33 acres and is located at 4675 SH 121 within the General Retail (GR) zoning
district and the Gateway Overlay District.
OWNER/APPLICANT
Owner: Greg Lyon Jupiter, FL
4675 SH 121 Holdings, LLC
Applicant: Ray Knight Jupiter, FL
4675 SH 121 Holdings, LLC
EXISTING CONDITION OF PROPERTY
The subject site is developed with the unoccupied Golden Corral restaurant.
PROPOSED DEVELOPMENT
The applicant intents to construct a Zip’s car wash along with a fast food restaurant on the site.
ADJACENT ZONING AND LAND USES
North General Retail (GR) - Mixed commercial (shopping center)
South State Highway 121
East General Retail (GR) - Mixed commercial (shopping center)
West Business Park (BP) – Hotel (La Quinta Inn) and Restaurant (Texas Roadhouse)
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
Staff has no objection to the proposed Gateway Standards Waivers and staff does not anticipate
either an incompatibility between the proposed development and the surrounding land uses nor an
impact on the adjacent property owners due to the site layout.
PRIOR ACTION/REVIEW
On August 23, 2022 the Planning and Zoning Commission voted (4-2) to recommend approval of
the Gateway Standards Waiver from Section 10A-600 (e) to allow (1) the location of parking
between the right of way and the building façade to be 165 feet, where 100 feet is the maximum
and (2) permit all parking for a multi-building commercial development within the front of the
primary buildings, where the majority of the parking is to be located to the side or rear of the
primary building.
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2
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. GSW Proposed Development Plan
ATTACHMENT 1
STAFF ANALYSIS
LAND USE ANALYSIS
The subject site is currently developed as the site for the unoccupied Golden Corral restaurant.
Records reflect there have been no occupation of the building since January 2021.
Section 10A-400 states:
(a) Existing developments. Additions, renovations or redevelopment of existing
developments shall comply with the gateway regulations if one of the following
conditions exists:(1)The construction value of such addition, renovation or
redevelopment exceeds 50 percent of the assessed value, per the latest Denton County
records, of the existing structures;(2)Thirty-five percent of the square footage of the
existing structure or structures is affected by the addition, renovation, replacement or
redevelopment;(3)A period of more than 180 consecutive days has lapsed where the
structure is vacant, as identified by active utilities; or,(4)Cumulative additions,
renovations or redevelopment initiated within a five-year period meets the thresholds
listed above.
Due to the scope of the redevelopment and length of inoccupation the site must adhere to the
current regulations.
The applicant intends to redevelop the site with a standalone carwash establishment and express
drive-thru restaurant or similar. The redevelopment will utilize the existing property boundaries
and a majority of the existing flatwork. The applicant has provided a site plan that reflects the
intent to demolish the vacant Golden Corral building and develop the carwash and drive-thru
buildings in its place. The access is provided from SH 121 and existing cross access connections
from the east and north. The applicant’s request is intended to be the most optimal building
configuration and lot layout with respect to existing cross access, lot dimensions, and Gateway
requirements.
Redevelopment includes the use of the existing row of parking spaces along SH 121 , established
with the development of the Golden Corral restaurant. Those spaces encroach into the required
25-foot setback and the applicant received approval from the Board of Adjustment on August 17,
2022 to allow the continued use of the row of parking within the 25-foot setback (parking within
the required setback is prohibited –Section 13-101).
In combination with the approved variance, the applicant requests approval of Gateway Standards
Waivers (GSW) to allow all of the associated site parking to be located in the front of the primary
building, and allow the depth of the parking field to exceed that intended for development within
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3
the Gateway (100-feet). The parking location and depth requirement is primarily intended to
reduce the appearance of large expanses of parking and influence the pedestrian experience. It
may also encourage greater attention to aesthetics as buildings would be generally pushed closer
to pedestrian ways and corridors, creating a street edge. Significant street edges are more often
present in urban areas or areas where adjacent streets have lower speeds. The subject site is
located along the SH 121 Service Road, which is not conducive to pedestrian activity. The
additional depth contributes to connectivity with fewer access points on the thoroughfare, and
may help mitigate potential negative impacts from sound.
In accordance with Section 10A-500 of the Gateway Overlay District, the Planning and Zoning
Commission and City Council shall review and evaluate a Gateway Standards Waiver application
using the following criteria:
1. The impact on adjacent property owners
2. The existence of a hardship that is not a result of the property owner’s action.
3. The appropriateness of the request in terms of location, density and height of the
structure or use; and,
4. The compatibility with the existing uses on the lot and surrounding land uses
The nature of the auto-centric operations and intent to maintain existing connectives essentially
dictates the location of any proposed building and appurtenances on this lot. As such the
combination of existing development and adjacent encumbrances makes relief necessary to permit
development specific to this tract.
As proposed, the subject site will otherwise be developed in compliance with the heightened
design requirements of the Gateway Overlay District. The development plans reflect building
aesthetics and landscape design consistent with newer development in the Gateway. Landscape
shall be provided in accordance with the Gateway Overlay District and landscape requirements
reflected in Section 17A.
A site visit and review of the surrounding developments reflects a similar parking area
configuration. Development immediately to the east and west, along SH 121 accommodate
required parking in front of the primary structure; some larger developments are configured with
deeper parking depths.
It is not anticipated that granting of the Gateway Standards Waiver will create a material
detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the Planning and Zoning Commission meeting. Notice for this Public Hearing was published in
The Dallas Morning News on August 11, 2022. The Zoning Ordinance requires notification of
property owners located within 200 feet of the subject property a minimum of fifteen (15) days
prior to the public hearing. Notices were sent on August 11, 2022.
No comments either for or against the GSW were received as of printing of this packet.
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RECOMMENDATION
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
Staff has no objection to the proposed Gateway Standards Waivers and staff does not anticipate
either an incompatibility between the proposed development and the surrounding land uses nor an
impact on the adjacent property owners due to the site layout.
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SH 121SAM RAYBURN TOLLWAYMEMORIALDREXITSTANDRIDGE/CASTLEHILLS4675
4687
4679
P D 1 9
GoldenCorral
Les lie's P oolSupplies
CashStore
Green TouchMassage
TopSubs
Cato
Je VapeShop
Metr oPCSBeeNails
Roby nBowers St ateFarm MainDentistr y
Jack intheBox
What aburger
Liv e O akLogisticsPark
G RGR
B PBP
This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . GSW22-0001 - Project Name: 4675 SH 121 Z IPS
GSW2 2 -00 0 1
Busi ne ss Pa rk
Gen er al Re ta il Pla nn e d Deve lo pme nt 1 9
Subje ctArea
210
211
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022 - ______
ZIP’S CARWASH 4675 SH 121
GATEWAY STANDARDS WAIVER (GSW)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A GATEWAY STANDARDS WAIVER
FROM SECTION 10A-600 (E) TO ALLOW THE LOCATION OF
PARKING BETWEEN THE RIGHT OF WAY AND THE BUILDING
FAÇADE TO BE 165 FEET, WHERE 100 FEET IS THE MAXIMUM AND
PERMIT ALL PARKING FOR A MULTI-BUILDING COMMERCIAL
DEVELOPMENT ON AN APPROXIMATELY 2.33 ACRE TRACT OF
LAND LOCATED AT 4675 SH 121 WITHIN THE GENERAL RETAIL
(GR) ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, have given any requisite notices by publication and otherwise,
and have held due public hearings and afforded a full and fair hearing to all property owners
generally and to all persons interested, and is of the opinion and finds that Gateway Standards
Waiver No. GSW22-0001 should be approved authorizing a Gateway Standards Waiver from
section 10A-600 (e) to allow the location of parking between the right of way and the building
façade to be 165 feet, where 100 feet is the maximum and permit all parking for a multi -building
commercial development on an approximately 2.33 acre tract of land located at 4675 SH 121
within the General Retail (GR) District and the Gateway Overlay District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the City Council of the City of The Colony, Texas, does hereby
approve the Gateway Standards Waiver from section 10A-600(e) of the Code of Ordinances to
permit all parking for a multi-building commercial development within the front of the primary
buildings, as reflected on and attached hereto as Exhibit A of this Ordinance.
SECTION 3. That it is hereby declared to be the intention of the City Council of the
City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been
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enacted by the City Council without the incorporation of this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER, 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
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Exhibit A
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Agenda Item No:5.6
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) to allow a
Park [or playground, public]. The subject site contains approximately 11.3 acres zoned Agricultural (A) and
located west of the intersection of Castlebridge and Bridge Lane within The Tribute community. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
SUP20-0003 CC Staff Report Tribute Park and Marina FINAL.pdf
SUP20-0003 Locator Map.pdf
SUP20-0003 Exhibits.pdf
Corps Lease Agreement Exhibits A, A-1 and A-2.pdf
First Amendment to the Ground Lease between The Colony and Wynnwood Peninsula.pdf
Ground Lease Agreement between The Colony as Lessor and Wynnwood Peninsula LP.pdf
Ord. 2022-xxxx SUP Marina Park at the Tribute.pdf
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CITY COUNCIL REPORT
AGENDA DATE: September 6, 2022
DEPARTMENT: Planning Department
SUBJECT: SUP20-0003 Marina Park at the Tribute
Conduct a public hearing, discuss and consider the approval of a Specific Use Permit (SUP) to
allow a Park [or playground, public]. The subject site contains approximately 11.3 acres zoned
Agricultural (A) and located west of the intersection of Castlebridge and Bridge Lane within The
Tribute community.
OWNER/APPLICANT
Owner: United States Army Corp of Engineers The Colony, TX
City of The Colony
Applicant: Kristian Teleki, PEng, MBA Dallas, TX
Wynnewood Army LLC
EXISTING CONDITION OF PROPERTY
The subject site is current undeveloped . The site is contiguous with the larger “Golf Clubs at The
Tribute” to the south and the Lakeside Pool facilities to the north.
ADJACENT ZONING AND LAND USE
North - Planned Development PD 23
South - Agricultural (A) - Golf Course
East - Planned Development 18- Undeveloped
West - Lake Lewisville
PROPOSED DEVELOPMENT
The applicant proposes the development of an approximately 11 acre park. The park will pro vide
a number of amenities to the local neighborhood and support the regional marina amenity that
will be constructed adjacent to the site. Onsite features will include 467 paved parking spaces
(358 vehicle and 109 golf cart), unpaved special event parking, (by separate permit, as needed up
to 167 spaces), sand volleyball court, horseshoes, bocce ball court, ping pong tables and picnic
tables. The park will provide a stage (with electric) and multi-purpose lawn, and special event area.
The site will offer connection to concrete trails and two concrete access walkways to the marina
gangways. The site will also provide restroom building and have capacity for a future building
intended for support services such as restaurant or multipurpose area.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the SUP mee ts the requirements of The
Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as
outlined in the Staff Report.
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PRIOR ACTION
On August 23, 2022, the Planning and Zoning Commission voted (6-0) to recommend approval of
a Specific Use Permit (SUP) to allow a Park [or playground, public] on Agricultural (A) land and
located west of the intersection of Castlebridge and Bridge Lane within T he Tribute community.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. SUP Exhibits
4. Applicant Narrative
ATTACHMENT 1
STAFF ANALYSIS
LAND USE ANALYSIS
SPECIFIC USE PERMIT (SUP) CRITERIA
In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning
Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a
Specific Use Permit application using the following criteria:
1. Conformance with the City of The Colony’s Comprehensive Plan;
This site is zoned Agricultural, and the Future Land Use Map identifies this area as
“Parks.” This site is also part of the amenities offered within the Tribute Community.
Agricultural districts within the city may be associated with land that is either recently
annexed and awaiting a permanent zoning district, land that is bona fide agricultural with
accompanying uses, preservation, or more commonly land available for active and
passive recreation. The development of this land as proposed is congruent with the City’s
agriculturally zoned land and the “parks” identification in the Comprehensive Plan.
2. Conformance with applicable regulations and standards established by the zoning
regulations;
With the approval of the SUP and conditions thereof, the application will be in
conformance with the Zoning Ordinance.
3. Compatibility with existing or permitted uses on abutting sites, in terms of building
height, build and scale, setbacks on open spaces, landscaping and site development,
access and circulation features, architectural compatibility;
The SUP request does not reflect an intent to develop buildings in contrast to the abutting
sites. As indicated, the initial vertical elements will be the restroom and emergency
response facilities. A future establishment or building may be con structed, however
development is not imminent. Only uses permitted in the Agricultural (A) district are
allowed; some uses may require additional SUP review.
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4. Safety and convenience of vehicular and pedestrian circulation in the vicinity,
including traffic reasonably expected to be generated by the proposed use and other
uses reasonable and anticipated in the area, existing zoning and land uses in the area;
The SUP request reflects an intent to provide site access from Bridge Lane and through a
cross access from the north. Access will lead into the larger parking field and access into
the site will be controlled. The proposed site plan reflects sidewalk connections and golf
cart parking to encourage multi-modal transport to the site; dependence on any one mode
of transport should be minimal and offer additional travel options to visit the site. The
applicant also provided a parking and capacity study illustrating no boa t slips and less
traffic then what is permitted.
5. Protection of persons and property f rom erosion, flood, or water damage, fire, noise,
glare, air quality, generation of dust and odors, and similar hazards and impacts;
Generally, parks activities are mostly passive and active recreation, and do not generate
specific hazards to adjacent pro perties. However due to the nature of the site and as part
of the approval process by the Army Corps of Engineers (USACE), an environmental
assessment and finding of no significant impact was conducted . Staff finds the applicant
provides an intent to provide protection from impacts to persons or property from erosion,
flood/water damage, fire, noise, glare, air quality, dust/odor and similar hazards.
6. Location, lighting and type of signs; the relation of signs to traffic control and
adverse effect of signs on adjacent properties;
The subsequent site plan will reflect the location and impact of lighting and signage. The
SUP does not indicate an intent or condition to permit any adverse effect on adjacent
properties due to lighting or signage.
7. Adequacy and convenience of off-street parking and loading facilities;
The overall parking field will function as a single element, but the demand is calculated
with the park, marina and associated [future] uses in mind. The proposed park provides
467 parking spaces. The applicant indicates that 60 paved parking spaces (30 vehicle and
30 golf cart spaces) are being provided for the park. All of these spaces will be constructed
in Phase 1 of the development. 140 parking spaces are being accommodated for a future
building [utilizing the highest demand- restaurant], and the remaining paved spaces will
be to accommodate the marina parking. The marina parking was determined using a ratio
of 1(paved parking space):3 (wet slips). Internal gates will restrict access, and will allow
for internal stacking that should have minimal impact on the adjacent street (Bridge Lane).
8. Determination that the proposed use and site development, together with any
modifications applicable thereto, will be compatible with existing or permitted uses in
the vicinity;
The proposed use is anticipated to support and be compatible with the existing or permitted
uses in the vicinity. The park function is customary with residential development, and will
overall offer areas for special events, recreatio n and potential overflow parking if
neccesary.
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9. Determination that any conditions applicable to approval are the minimum necessary
to minimize potentially unfavorable impacts on nearby uses in the same district and
surrounding area
The applicant is not requesting any conditions that could potentially produce unfavorable
impacts on nearby uses in the same district and surrounding area.Conditions to buffering
are intended to maintain existing vegetation.
10. Determination that the proposed use, together with t he conditions applicable thereto,
will not be detrimental to the public health, safety, or welfare of materially injurious
to properties or improvements in the vicinity.
Staff does not anticipate any negative impacts to the use, enjoyment or value of the
property in the vicinity if the SUP is granted. The proposed park is in an area of the
community identified as a site for local amenity and recreation. This site will also support
the proposed marina use which is intended to offer regional recreation activity.
INFRASTRUCTURE IMPROVEMENTS
No specific public infrastructure improvements are planned for this area.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the City Council meeting. Notice for this SUP Public Hearing was published in The Dallas
Morning News on August 11, 2022. In addition, the Zoning Ordinance requires notification of
property owners located within 200 feet of the subject property a minimum of fifteen (15) days
prior to the public hearing. Public Hearing notices were mailed on August 11, 2022 to adjacent
property owners. No comments either for or against the SU P were received as of printing of this
packet.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the SUP meets the requirements of T he
Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as
outlined in the Staff Report.
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Castlebridge Westgate Bridge Ln
BridgeLnWestgate WatersideFairway
Southfield
LinksCastlebridgeBellevue
Be ach ClubRestrooms
This ma p was genera ted by GIS d ata provided by Th e Colony GIS Departmen t. The City of T he Colony does not guar antee th e co rrectness oraccuracy of any fea tures o n this map. These digital products are for llustration purpose s only a nd are no t suitable for site -specific decision making. /Project No. SUP20-0003 - Project Name: Tribute Park and Marina
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022-_______
SPECIFIC USE PERMIT (SUP) – MARINA PARK AT THE TRIBUTE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO
ALLOW AN APPROXIMATELY 11.3 ACRE PARK AREA WITHIN THE
TRIBUTE COMMUNITY LOCATED WEST OF THE INTERSECTION OF
CASTLEBRIDGE AND BRIDGE LANE AND IS WITHIN THE
AGRICULTURAL (A) ZONING DISTRICT AND THE GATEWAY
OVERLAY DISTRICT; PROVIDING A REPEALER CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of The
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the
City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have
held due public hearings, and afforded a full and fair hearing to all property owners generally, and to
all persons interested, and is of the opinion and finds that Specific Use Permit No. SUP20-0003 to
allow an approximately 11.3 acre park area within the Tribute Community located west of the
intersection of Castlebridge and Bridge Lane, City of The Colony, Texas, should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the Comprehensive Zoning Ordinance and Map of the City of The
Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore
amended, be and the same is hereby amended to grant a change in zoning for an approximately
11.3-acre tract of land within the Tribute Community located west of the intersection of
Castlebridge and Bridge Lane, City of The Colony, Texas, as reflected on and attached hereto as
Exhibit A of this Ordinance, be changed from Agriculture (A) District to Agriculture – Specific
Use Permit (A-SUP) District to allow for a Park or playground, public use.
SECTION 3. That it is hereby declared to be the intention of the City Council of the City
of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation of this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
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SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER, 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
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Exhibit A
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Agenda Item No:5.7
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance approving a Planned Development Amendment
to Planned Development 25- Ordinance Number 2011-1927 (as amended), Exhibit “C”, entitled “Development
Regulations” by adding “Dance Hall” and “Clinic” uses and definitions within the approximately 433 acre tract
known as Grandscape. (Williams)
Suggested Action:
Please see attached staff report, for detailed land use and staff recommendations.
Attachments:
PDA22-0005 CC Staff Report - PD 25 Grandscape PD Amendment FINAL.pdf
PDA22-0005 Locator Map.pdf
PDA22-0005 Exhibit.pdf
Exhibit A description.pdf
5.7 Ord. 2022-xxxx PD-25 Amendment -Grandscape.pdf
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CITY COUNCIL REPORT
AGENDA DATE: September 6, 2022
DEPARTMENT: Planning Department
SUBJECT: PDA22-0005 Grandscape Planned Development 25 Text Amendment
Conduct a public hearing, discuss and consider approval of a Planned Development Amendment
to Planned Development 25 - Ordinance Number 2011-1927 (as amended), Exhibit “C”, entitled
“Development Regulations” by adding “Dance Hall” and “Clinic” uses and definitions within the
approximately 433 acre tract known as Grandscape.
OWNER/APPLICANT
Developer/Owner: LMG Ventures, LLC Omaha, NE
Applicant: Ryan Blumkin Omaha, NE
LMG Ventures, LLC
EXISTING CONDITION OF PROPERTY
Planned Development 25 aka the Grandscape Planned Development is developed with a variety
of retail, entertainment, lodging and eating establishments. Such establishments include
Nebraska Furniture Mart, Scheels and the many boutique stores within the “Homestead,”
Andretti’s, Galaxy Theaters, Hampton Inn and Homewood Suites and Mi Cocina, Cheddars,
Rock & Brews, Hard Eight and Lava Cantina.
PRIOR ACTION
On August 23, 2022, The Planning and Zoning Commission voted (6-0) to recommend approval
of a Planned Development Amendment to Planned Development 25- Ordinance Number 2011-
1927 (as amended), Exhibit “C”, entitled “Development Regulations” by adding “Dance Hall”
and “Clinic” uses and definitions within the approximately 433 acre tract known as Grandscape.
PROPOSED REQUEST
The Grandscape Planned Development is intended to accommodate the uses mentioned above
and a gambit of others to create a unique regional destination. Periodically the developer may
review the list of approved uses or may have interest in accommodating a n establishment that is
not specifically listed in the approved chart of uses. Accordingly, the developer may introduce
additional uses, definitions, and or development standards for such, in accordance with the Local
Government Code and the City’s Code of Ordinances.
The Planned Development Amendment is intended to provide definition to two proposed uses
within the overall development- “Dance Hall” and “Clinic.” The definitions and regulations shall
apply only to land located within the area identified as Grandscape and as described b y exhibits
of the proposed ordinance.
The applicant proposes the following definitions and additions to the Grandscape Planned
Development:
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64. Dance Hall:
An Establishment open to the public in which a minimum of 10 percent of the total floor area is
designed or used as a dance floor. Such establishment may provide live entertainment, may
serve alcoholic beverages incidental to the primary operations, and may serve in-house or
catered meals provided the owner or operator holds the appropriate licenses and permits.
65. Clinic:
Medical, dental or optical: A facility or group of offices for examining, consulting with, and
treating patients, including offices, laboratories and outpatient facilities but not including
hospitals beds for overnight care or tr eatment except under emergency conditions.
And further amending “Table 1” to read as follows:
Table 1
Use Permitted Minimum Off-street Parking requirements
Dance Hall Yes 1.0 space per 100 SF GFA
Clinic Yes 4.0 spaces per 1,000 SF GFA
The developer has introduced the “Dance Hall” definition to accommodate a potential dancing
establishment known as Mavericks. This proposed use, as reflected in a separate site plan review,
does not contain the requisite components to be classified as any existing use. The PD must be
amended to allow the proposed use. The proposed use is consistent with the group of
entertainment activities within the development, specifically the Lava Cantina (on the adjacent
tract to the north) and the Truck Yard.
The developer has introduced the “Clinic” definition to accommodate a potential future user with
a focus on high end preventative and restorative treatment and consultation. No specific user has
been identified and development under this category is not imminent at this point.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the City Council meeting for text amendments. Notice for this Public Hearing was published in
The Dallas Morning News on August 11, 2022. In addition, Zoning Ordinance also requires
notification of property owners located within 200 feet of the subject property a minimum of
fifteen (15) days prior to the public hearing. Public Hearing notices were mailed on August 11,
2022 to adjacent property owners. No comments either for or against the Planned Development
Amendment were received as of printing of this packet.
DEVELOPMENT REVIEW COMMITTEE REVIEW
The Development Review Committee (DRC) recommends approval of the proposed amendment.
ATTACHMENTS
1. Location Map
2. Project Narrative
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022 - _______
AMENDMENT TO PD-25 PLANNED DEVELOPMENT DISTRICT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING ORDINANCE NO. 2011-1927 AS AMENDED, PLANNED
DEVELOPMENT DISTRICT NO. 25 (PD-25), FOR THE
APPROXIMATELY 433.81 ACRE TRACT OF LAND, LOCATED WITHIN
THE CITY OF THE COLONY, TEXAS AND MORE FULLY DESCRIBED
IN EXHIBIT “A” WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN FOR ALL PURPOSES, BY AMENDING
EXHIBIT “C”, “DEVELOPMENT REGULATIONS”, PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING A PENALTY OR FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about December November 15, 2011, the City Council of the City of
The Colony, Texas, approved Ordinance No. 2011-1927, Planned Development District 25 (PD-25);
and
WHEREAS, the City Council of the City of The Colony, Texas, finds and determines that it
is in the best interest of the City and the citizens of the City of The Colony, Texas, to amend Exhibit
C, “Development Regulations”, for the approximately 433.81-acre tract of land, within the City of
The Colony, Texas, and more particularly described and/or depicted in Exhibit A of this ordinance
and which is attached hereto and incorporated herein for all purposes; and
WHEREAS, Section 211.006(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment before
the 15th day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(d) of the Code of Ordinances of the City of
The Colony, Texas, provides the following: “[a] public hearing shall be held by city council before
adopting any proposed amendment, supplement or change. Notice of such hearing shall be given
per the publication policy of the city, stating the time and place of such hearing, and shall be
published a minimum of 15 days prior to the date of the public hearing;” and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, have given the requisite notices by publication and otherwise,
and have held due hearings and afforded a full and fair hearing to all property owners generally
and to all persons interested, and the City Council of the City of The Colony, Texas, is of the
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opinion and finds that said changes should be granted, and that the Code of Ordinances should be
amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That Planned Development District No. 25 (PD-25), as adopted by Ordinance
No. 2011-1927 as amended, is hereby amended for the approximately 433.81-acre tract of land, within
the City of The Colony, Texas, and being more particularly described and/or depicted in Exhibit A of
this Ordinance, which is attached hereto and incorporated herein for all purposes, by amending
Exhibit C of Ordinance No. 2011-1927, entitled “Development Regulations” by adding a “Dance
Hall” use and “Clinic” use, which shall read and be defined as follows:
64. Dance Hall:
An Establishment open to the public in which a minimum of 10 percent of the total floor area is
designed or used as a dance floor. Such a commercial amusement or indoor recreational use
establishment may provide live entertainment, may serve alcoholic beverages incidental to the
primary operations, and may serve in-house or catered meals provided the owner or operator
holds the appropriate licenses and permits.
65. Clinic:
Medical, dental or optical: A facility or group of offices for examining, consulting with, and
treating patients, including offices, laboratories and outpatient facilities but not including
hospitals beds for overnight care or treatment except under emergency conditions.
And further amending “Table 1” to read as follows:
Table 1
Use Permitted Minimum Off-street Parking requirements
Dance Hall Yes 1.0 space per 100 SF GFA
Clinic Yes 4.0 spaces per 1,000 SF GFA
SECTION 3. That this Planned Development District No. 25 (PD-25) shall be developed
and used only in accordance with the Comprehensive Zoning Ordinance, and Ordinance No. 2011-
1927 as amended (PD-25), as amended, and as amended herein.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole or Ordinance No. 2011-1927 as amended.
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SECTION 5. That the Comprehensive Zoning Ordinance of the City of The Colony, Texas,
as amended, and Ordinance No. 2011-1927 as amended shall remain in full force and effect, save and
except as amended by this Ordinance.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, as heretofore amended, and upon conviction shall be
punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and
each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 7. That this Ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER, 2022.
APPROVED:
_____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
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Exhibit A
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Agenda Item No:5.8
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider an ordinance regarding a Site Plan application of "Clean Freak Car Wash," an
approximately 5,200 square-foot auto laundry building on an approximately 1.98 acre tract. The subject site is
located at 4843 Main Street, and north of the intersection of Friendship Lane (Ridgepointe) and F.M. 423 (Main
Street) within the General Retail (GR) zoning district and the Gateway Overlay District. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
SP21-0009 CC Staff Report Clean Freak Site Plan FINAL.pdf
SP21-0009 Locator Map.pdf
SP21-0009 Exhibits.pdf
Ord. 2022-xxxx SP21-0009 - Clean Freak Carwash.pdf
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CITY COUNCIL REPORT
AGENDA DATE: September 6, 2022
DEPARTMENT: Planning Department
SUBJECT: SP21-0009 Clean Freak Car Wash – Site Pan
Discuss and consider an ordinance regarding a Site Plan application of "Clean Freak Car Wash,"
an approximately 5,200 square-foot auto laundry building on an approximately 1.98 acre tract.
The subject site is located at 4843 Main Street, and north of the intersection of Friendship Lane
(Ridgepointe) and F.M. 423 (Main Street) within the General Retail (GR) zoning district and the
Gateway Overlay District.
OWNER/ENGINEER
Owner: James Holliman Frisco, TX
Holliman Ventures
Engineer: Farman Shir, P.E. Dallas, TX
Site Design Collaborative
EXISTING CONDITION OF PROPERTY
The property is undeveloped land.
PROPOSED DEVELOPMENT
The applicant request site plan approval to construct an approximately 5,200 square-foot auto
laundry (car wash) and vacuum station facility with associated retaining and screening wall,
landscaping and lighting.
ADJACENT ZONING AND LAND USE
North- General Retail – Vacant (formerly Stan's Lakeview Taphouse & Grill)
South- Planned Development 7 (PD) - Ridgepointe (East)
East- General Retail - Mixed retail
West- Agricultural- Undeveloped
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the site plan meets the requirements of the
Zoning Ordinance and Gateway Overlay District as outlined in the staff report.
PRIOR ACTION
On August 9, 2022, the Planning and Zoning Commission voted (5-1) to recommend approval of
a proposed Car wash known as “Cleanfreak,” with the condition that the sound study be a
condition of site plan approval.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Project Narrative
4. Sound Study
5. Proposed Development Plans Exhibits
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ATTACHMENT 1
STAFF ANALYSIS
LAND USE ANALYSIS
The subject site is located in the General Retail (GR) Zoning District and Gateway Overlay
District. Auto Laundry (carwash) uses are allowed "by–right" within the GR zoning district.
The proposed car wash is located on Main Street between restaurant uses to the north and single-
family uses to the south. The development plan incorporates elements to mitigate impacts
adjacent to residential development. The development plan includes designated orientation,
landscaped buffers, screen/sound walls, and an acoustically evaluated equipment selection. The
site is proposed to operate from 7 a.m. to 7 p.m. daily, and 7 a.m. to 8 p.m. seasonally (as daylight
allows).
The site is oriented east-west to accommodate the length of the car wash tunnel. Service
circulation begins on the southwest corner and circulates clockwise. The stacking cue provides
nine (9) spaces where four (4) are required before reaching the two soundless pay kiosks.
Customers proceed through the tunnel and leave from a blow-dryer court area at the tunnel's exit.
The blow-dryers are located more than eighty (80’) feet from the nearest home in the Ridgecrest
development. Vacuum stations are located on the property's north side, approximately one
hundred (100) feet from the nearest house. The applicant has provided a sound study and control
plan to produce sound levels at the property line that are below existing sound measurements.
CIRCULATION AND PARKING
Primary access to Main Street is provided by a new driveway. Secondary access to Main Street is
available by mutual access north of the property. Pedestrian connectivity is served by a new
sidewalk connecting the car wash office connects to the existing public sidewalk on Main Street.
The site also provides a six-unit (6) bike rack consistent with Pedestrian and Bicycle Standards of
the Gateway.
The Site Plan reflects adherence to the Vehicular Parking, Parking Lot, and On-Site Traffic
Regulations of the Zoning Ordinance, and is consistent with the connectivity intent of the
Gateway Overlay District.
LANDSCAPING AND BUFFERING
The Landscape plan reflects the planting of various canopy trees, small ornamental trees, shrubs,
and ground cover consistent with development within the Gateway Overlay District. Landscaping
will be irrigated in compliance with City standards.
The Gateway requires a ten (10’) foot landscape buffer when sites transition from one use to
another such as commercial from residential. The south buffer adjacent to the Ridgepointe
development will exceed nineteen (19') feet. The landscape plan reflects a five (5’) foot
landscaped buffer to the northern adjacent commercial use, and a fifty (50’) foot landscape buffer
adjacent to Main Street.
The landscape plan reflects planting of Elms, Oaks, Chinese pistache, Crape myrtle, Red bud,
Golden raintree and Desert willow in the south buffer adjacent to the Ridgepointe development.
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Areas of the southern buffer, which are outside the development envelope, will include large
stands of existing Hackberry. Overall, the plantings will include the requisite number of tree
plantings, varieties, and screenings consistent with the Gateway Overlay District.
The site also contains a screening and retaining wall system adjacent to the residential
development. This system which runs along the alley and is intended to support the geotechnical
requirements of the carwash site and offer additional delineation and buffering between the
residential and commercial developments. The proposed buffering and walls meet the Gateway
Overlay District requirements.
BUILDING ELEVATIONS
The elevation plan reflects a contemporary car wash building with facades consisting of masonry
and fenestration and features a mixed plane metal roof. A storefront retail aesthetic faces Main
Street, which obscures the east-facing exit of the service tunnel. Each façade contains a mix of
forms, materials, and articulations to provide visual interest. The color selection of earth tone
grays is consistent with branding and the Gateway Overlay District.
DEVELOPMENT REVIEW COMMITTEE REVIEW
The Development Review Committee (DRC) finds the site plan meets the requirements of the
Zoning Ordinance and Gateway Overlay District as outlined in the staff report.
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F R I E N D S H I P L NBOC
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BISCAYNE DR4332
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This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . SP21-0009 - Project Name: Clean Freak Car Wash
Cle an F rea k Ca r Wa sh
Agr icul tu ral
Gen er al Re ta il Pla nn e d Deve lo pme nt 7 Pla nn e d Deve lo pme nt , P DTH
SubjectArea
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Tel 206.899.5450 / www.tenor-eng.com
MEMORANDUM
TO: Jake Petrie, Cascade Ventures
CC: Kathy Halter & Monica Saldana, True Blue Car Wash
FROM Drew Lodarek & Erik Miller-Klein, Tenor Engineering
DATE: July 11, 2022
PROJECT: True Blue Car Wash – The Colony, Texas
SUBJECT: Noise Impact Analysis & Noise Control Plan (UPDATED)
This memorandum is an update of our noise impact study and noise control plan for the True Blue Car
Wash project proposed at 4843 Main Street, The Colony, Texas based on the June 8, 2022, drawings. The
following noise control plan is based on ambient noise measurements at the 4843 Main Street property
and shared property line along the residential drive-alley, measured car wash equipment at a True Blue
Car Wash facility in the greater Phoenix area (comparable systems to the proposed installation at The
Colony), and a detailed noise impact analysis from the noise sources associated with this facility to the
adjacent neighbors with respect to The Colony noise ordinance.
Noise Impact Criteria
The Colony Municipal Code Section 6-192. – Noise
The following section is quoted from Section 6-192. – Noise from The Colony municipal code:
a) Any unreasonably loud, disturbing noise which causes material distress, discomfort or injury to
persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a
nuisance and is hereby prohibited.
b) Any noise of such character, intensity, and continued duration which substantially interferes with
the comfortable enjoyment of private homes by persons of ordinary sensibilities, is hereby
declared to be a nuisance and is hereby prohibited.
c) (4) Compressed air. The use of any mechanical device operated by compressed air, unless the noise
to be created is effectively muffled and reduced.
The project site is bordered by a residential community’s fenced shared drive-alley to the south, which
poses an increased noise impact risk with respect to nuisance and enjoyment statues as written by The
Colony. There is no prescribed sound level that is compliant with nuisance codes . Our team has defined
the acoustical design goal to be that the car wash operations will be equal to or quieter than the current
conditions. One unique aspect of this project with respect to noise is that the new car wash facility will act
as a noise screen for traffic noise from Main Street for the westernmost residences, which means as the
car wash makes noise, it is also reducing noise from traffic, which potentially impacts noise perception at
the residents.
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NOISE IMPACT ANALYSIS & NOISE CONTROL PLAN (UPDATED) PAGE 2
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This analysis and noise control plan only considers the noise emission from the completed car wash
compared to the existing ambient noise conditions at the fence line on the residential drive -alley to the
south. No noise reduction is assumed for the fences or residences. All noise control measures are planned
for the True Blue Car Wash facility and systems.
Noise Impact Analysis
Ambient Noise Conditions
Noise measurements were taken at the proposed True Blue Car Wash site located at 4843 Main Street in
The Colony, Texas, between January 18th to January 19th, 2022. The noise measurements were conducted
during the planned hours of operation (8 AM – 7 PM) to quantify the current traffic noise impact from
Main Street on the residential community. Due to The Colony’s nuisance-based noise code, the noise limits
are a condition of the existing conditions, which were docu mented along the shared property line along
the south drive-alley.
Noise Measurement from center of property Picture looking east along residential drive-alley
Extended Duration Measurements (30 min to 60 min averages)
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NOISE IMPACT ANALYSIS & NOISE CONTROL PLAN (UPDATED) PAGE 3
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The average sound level along the south property line decreases as you walk from Main Street west along
the shared property line on the drive-alley.
The following table summarizes the average ambient sound levels used in the noise control engineering
process marked up as positions A, B, C, and D in Figure 1. These are based on measurements at these
locations during daytime hours and predictive software based on the traffic counts and speeds on Main
Street to the east.
Figure 1: Noise Measurement & Ambient Noise Level Locations for Impact Analysis
Location Average Daytime Ambient
Noise Level, Leq (dBA)
A – Residential 65 dBA
B – Residential 57 dBA
C - Residential 54 dBA
D - Commercial 62 dBA
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TRUE BLUE CAR WASH – THE COLONY, TEXAS JULY 11, 2022
NOISE IMPACT ANALYSIS & NOISE CONTROL PLAN (UPDATED) PAGE 4
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Project Site
Figure 2 shows the site plan for the car wash compared to the adjacent neighbors that was used for the
noise impact analysis and engineered noise control plan.
Figure 2: Proposed Car Wash Site Plan
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NOISE IMPACT ANALYSIS & NOISE CONTROL PLAN (UPDATED) PAGE 5
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Noise Emission from Potential Equipment
To ensure the accuracy of the noise impact analysis, measurements were taken for the basis of design
washing system, blowers, vacuum, and other auxiliary systems at two True Blue Car Wash facilities in the
greater Phoenix area on January 17th, 2021.
Equipment &
Measured/Published Data Sound Pressure Level, Leq (dBA)
Centrifugal Blowers 90 dBA @ 30-feet
Alternative: Axial Blowers 72 – 77 dBA @ 30-feet
Wash Systems (no blowers) 65 – 70 dBA @ 15-feet from tunnel
entrance or exit
Centrifugal Vacuum Producer 76 dBA @ 10-feet (600 series)
74 dBA @ 10-feet (400 series)
Compressed Air Gun/Nozzle 90 dBA @ 1-ft
Vacuum Hoses & Debris Traps 75 dBA @ 2-ft
Cars and Trucks idling in line < 55 dBA @ 30-feet
Wash Entrance Blower at Exit
Compressed Air Gun Vacuum Hose Vacuum Debris Chamber
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Noise Impact Prediction
The environmental noise impact from the car wash operations was predicted to each of the measurement
locations noted below in Table 1 using the basis of design systems evaluated for similar True Blue Car
Wash facilities.
Table 1: Predicted Noise Impact on Neighboring Properties with the Basis of Design Systems
Location Predicted Noise Level at
Property Line, Leq (dBA)A
Performance Goal, dBA
(equal to or less than ambient)
A – Residential 67 dBA 65 dBA
B – Residential 60 dBA 57 dBA
C - Residential 59 dBA 54 dBA
D - Commercial 66 dBAB 62 dBA
A – Predicted noise is from car wash systems only and is not cumulative with traffic noise from Main Street ; the actual
perceived and measured sound levels will be the summation of traffic noise and car wash operations. Includes standard
compressed air nozzles to residential properties running from seven units concurrently.
B – Compressed air nozzles to commercial receiver were not predicted for this scenario
The results of the preliminary noise impact analysis for the car wash at the site using the basis of design
equipment showed a potential noise impact on the repose of the neighboring properties, greater th an 3
dBA than the ambient noise levels at each of the receiving locations, which could be a noticeable increase
of noise. The predictions to the commercial property did not include the compressed air nozzles because
they are only used for short periods of time.
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Noise Control Plan
The following noise control plan was engineered to ensure the installed systems minimize the noise
impact on each of the neighbors to be equal to or less than the current ambient noise levels from traffic
on Main Street.
Figure 3: Noise Control Plan
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NOISE IMPACT ANALYSIS & NOISE CONTROL PLAN (UPDATED) PAGE 8
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The following noise control measures have been integrated into the Site Design Collaborat ive drawings
dated June 8, 2022 and our updated analysis includes the relocation of one of the vacuum motor systems
to the southeast from the north property line (shown in Figure 3).
1) Install a blower system that does not exceed a total sound pressure level of 77 dBA at 30-feet.
a. Recommended Systems:
i. International Drying Corporation Stealth Dryer System (120 HP), estimated 77 dBA at 30-
feet
ii. International Drying Corporation Stealth Predator Dryer System (120 HP), estimated 72
dBA at 30-feet
2) As planned and drawn, install 13’-0” high exit sound barrier using materials comparable to the tunnel
construction as marked up in blue on Figure 3.
3) As planned and drawn, install a 6’-0” privacy screen constructed of solid material with a minimum
surface weight of 2.0-psf, such as ½” thick cement board, vinyl fencing, ½” thick exterior grade plywood
(painted or stained), CMU, or another alternative with adequate surface weight, as marked-up in green
on Figure 3.
a. A gap of up to 3-inch is acceptable at the bottom of the fence without sacrificing acoustical
performance.
4) As planned and drawn, install 8’-0” or taller CMU walls around the centrifugal vacuum producers with
a vented gate or door and 2” thick exterior grade sound absorption on the inside walls of the CMU,
such as Polyester (FSorb) or Rockwool insulation on ½” thick vertical furring strips.
With the above noise control plan (77 dBA at 30-feet blowers), the predicted noise impact at the four noted
locations is shown below in Table 2.
Table 2: Predicted Noise Impact on neighboring properties with Noise Control Plan
Location Predicted Noise Level at
Property Line, Leq (dBA)A
Performance Goal, dBA
(equal to or less than ambient)
A – Residential 60 dBA 65 dBA
B – Residential 53 dBA 57 dBA
C - Residential 52 dBA 54 dBA
D - Commercial 60 dBAB 62 dBA
A – Predicted noise is from car wash systems only and is not cumulative with traffic noise from Main Street ; the actual
perceived and measured sound levels will be the summation of traffic noise and car wash operations. Includes standard
compressed air nozzles to residential properties running from seven units concurrently.
B – Compressed air nozzles to commercial receiver were not predicted for this scenario
If additional noise reduction is needed at the compressed air nozzles, upgrade to lower noise models,
such as Silvent Air Guns or nozzles, which have been shown to be 10 to 15 dBA quieter than a standard
compressed air gun/nozzle with equivalent air movement.
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Conclusion
With the proposed noise control plan, the predicted noise impact will be equal to or quieter than the
current traffic noise from Main Street. This noise control plan does not guarantee neighbors will be
content with the operation of this new car wash but based on the language in The Colony’s noise
ordinance and in our professional opinion, this plan will meet the expectations for “comfortable
enjoyment of private homes by persons of ordinary sensibilities.”
Please contact us with any questions or additional coordination.
All the best,
ERIK MILLER-KLEIN, PE, INCE BOARD CERTIFIED DREW LODAREK
PRINCIPAL OF ACOUSTICAL ENGINEERING ACOUSTICAL CONSULTANT
888.978.3667 / TOLL FREE
ERIK.MK@TENOR-ENG.COM
DREW.L@TENOR-ENG.COM
WWW.TENOR-ENG.COM
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022-_______
SITE PLAN – CLEAN FREAK CAR WASH
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR A
PROPOSED 5,200 SQ-FT AUTO LAUNDRY BUILDING KNOWN AS
“CLEAN FREAK CAR WASH” ON AN APPROXIMATE,Y 1.9814 ACRE
(86,312 SQUARE FEET) TRACT LOCATED AT 4843 MAIN STREET
(F.M. 423) AND IS WITHIN THE GENERAL RETAIL (GR) ZONING
DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, have given requisite notices and consideration of the site plan
application and related plans, and the City Council of the City of The Colony, Texas, is of the
opinion and finds that Site Plan Application No. SP21-0009 for a proposed 5,200 square-foot auto
laundry building, known as “Clean Freak Car Wash” on an approximately 1.9814 Acre (86,312 Sq.
Ft.) tract located at 4843 Main Street (F.M. 423) and is within the General Retail General Retail
(GR) Zoning District and the Gateway Overlay District, should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the City Council of the City of The Colony, Texas, does hereby
approve the Site Plan, Landscape Plan and building elevations, Photometric Plan and Noise
Impact Analysis and Noise Control Plan applicable to 4843 Main Street, of the General Retail
(GR) zoning district and the Gateway Over District, copies of which are attached hereto as
Exhibit A of this Ordinance.
SECTION 3. That it is hereby declared to be the intention of the City Council of the
City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been
enacted by the City Council without the incorporation of this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
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SECTION 4. That any provisions of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER, 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
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Exhibit A
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Agenda Item No:5.9
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) to allow a
115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Park). The subject
lease area contains approximately 1,250 Square feet and is located within the Single-Family 4 (SF-4) zoning
district. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use site layout and staff
recommendations.
Attachments:
SUP22-0002 CC Staff Report Verizon Monopole FINAL.pdf
SUP22-0002 Locator Map.pdf
SUP22-0002 Exhibits.pdf
Ord. 2022-xxxx SUP22-0002-Verizon Monopole.pdf
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CITY COUNCIL REPORT
AGENDA DATE: September 6, 2022
DEPARTMENT: Planning Department
SUBJECT: SUP22-0002 Verizon 115ft. Telecommunication Monopole
Conduct a public hearing, discuss and consider the approval of a Specific Use Permit (SUP) to
allow a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B.
Owen Park). The subject lease area contains approximately 1,250 Square feet and is located
within the Single-Family 4 (SF-4) zoning district.
OWNER/APPLICANT
Owner: City of The Colony The Colony, TX
Applicant: Charlton Collum
Verizon Wireless Shertz, TX
EXISTING CONDITION OF PROPERTY
The subject site is the athletic facility known as B.B. Owen Sports Facility located at 5700
Squires Drive. The B.B. Owen Sports Facility consists of baseball/softball fields, concessions,
laser tag course, parking and restrooms encompassing twenty acres.
ADJACENT ZONING AND LAND USE
North - City of Frisco – undeveloped land
South - SF-4 – Colony No. 21 Subdivision
East - City of Frisco – undeveloped land and single family homes
West - SF-4 – B.B. Owen Elementary School
PROPOSED DEVELOPMENT
The applicant requests Specific Use Permit (SUP) approval to allow the installation of a 115-foot
(top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Park). The
subject lease area contains approximately 1,250 square feet and is located within the Single-
Family 4 (SF-4) zoning district.
Overall, the project will entail installation of an unmanned telecommunications tower and
associated fenced gravel compound for ground equipment. A concrete access drive will be
installed branching off from an existing concrete access drive that will lead to the fenced
compound. There will be a concrete turnaround area installed directly in front of the fenced
compound. The chain-link fence will be installed at a height of 8 feet. Privacy slats will be
installed to match the adjacent park fencing. The privacy slats will serve as the screening of the
ground equipment in lieu of traditional landscaping to reduce the anticipated maintenance. The
tower will match the finish/color of existing light poles within the park in accordance with the
approval review provided by the City’s Parks Department.
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DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the SUP meets the requirements of the Colony
Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined
in the Staff Report.
PRIOR ACTION
On August 23, 2022, the Planning and Zoning Commission voted (6-0) to recommend approval of
a Specific Use Permit (SUP) to allow a 115-foot (top of highest appurtenance) Verizon monopole
at 5700 Squires Drive (B.B. Owen Park).
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. SUP Exhibits
4. Applicant Narrative
ATTACHMENT 1
STAFF ANALYSIS
LAND USE ANALYSIS
The applicant requests SUP approval for the installation of an unmanned monopole antenna
facility at the B.B. Owen Sports Facility. The City of The Colony has designated areas of the City
where monopoles are allowed to be installed. Section 10C-700.(2) requires the location of
monopole antenna facilities not exceed one hundred twenty feet in height, in certain designated
location so as to minimize the visual impact to established single family neighborhoods. This site
falls within a designated area.
Section 10C-700.(2).(ii) states:
The following sites have been designated for monopole antenna facilities based on their location
and level of visual impact to the city and adjacent properties:
(e) “Sites located East of Main Street and North of Overlake Drive.”
SPECIFIC USE PERMIT (SUP) CRITERIA
In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning
Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a
Specific Use Permit application using the following criteria:
1. Conformance with the City of The Colony’s Comprehensive Plan;
The Future Land Use Map identifies this area as “low density residential” which includes
traditional, single-family detached and or attached (duplex) dwelling units. The City has
designated areas where monopole antenna facilities would be allowed. The proposed
project is within a designated area of the City and the proposed land use is consistent with
the uses permitted within the “low density residential plan as determined by the
Comprehensive Plan.
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2. Conformance with applicable regulations and standards established by the zoning
regulations;
With the approval of the SUP and conditions thereof, the application will be in
conformance with the Zoning Ordinance.
3. Compatibility with existing or permitted uses on abutting sites, in terms of building
height, build and scale, setbacks on open spaces, landscaping and site development,
access and circulation features, architectural compatibility;
The proposed use will not exceed one hundred twenty feet in height as required per
Section 10C-700.2 The monopole tower will be within the designated location so as to
minimize the visual impact to established single family neighborhoods and within a
remote area.
4. Safety and convenience of vehicular and pedestrian circulation in the vicinity,
including traffic reasonably expected to be generated by the proposed use and other
uses reasonable and anticipated in the area, existing zoning and land uses in the area;
The proposed tower location is in a remote area adjacent to the existing tree line at the
northernmost portion of the site. Due to the remote location to the tower, vehicle and
pedestrian traffic will be minimal. There are no occupiable structures and access is
restricted.
5. Protection of persons and property from erosion, flood, or water damage, fire, noise,
glare, air quality, generation of dust and odors, and similar hazards and impacts;
Since the tower is unmanned and given its location, there would not be any impacts to
persons or property from erosion, flood/water damage, fire, noise, glare, air quality,
dust/odor and similar hazards.
6. Location, lighting and type of signs; the relation of signs to traffic control and
adverse effect of signs on adjacent properties;
The unmanned tower will not have any lighting or signage.
7. Adequacy and convenience of off-street parking and loading facilities;
The proposed tower location is in a remote area adjacent to the existing tree line at the
northernmost portion of the site. No parking and loading facilities are necessary. Only
authorized vehicles and personnel will have access.
8. Determination that the proposed use and site development, together with any
modifications applicable thereto, will be compatible with existing or permitted uses in
the vicinity;
The proposed use is anticipated to be compatible with the existing or permitted uses in the
vicinity.
9. Determination that any conditions applicable to approval are the minimum necessary
to minimize potentially unfavorable impacts on nearby uses in the same district and
surrounding area
The applicant is not requesting any conditions that could potentially produce unfavorable
impacts on nearby uses in the same district and surrounding area.
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10. Determination that the proposed use, together with the conditions applicable thereto,
will not be detrimental to the public health, safety, or welfare of materially injurious
to properties or improvements in the vicinity.
It is staff’s opinion that there would be no impacts to the use, enjoyment or value of the
property in the vicinity if the SUP is granted. The proposed tower and screening is in a
remote area of the park that is not visible from the public street adjacent to a floodway or
field. The tower and screening is located away from all sports facilities outside the
minimum setback from any public ROW and residential use or district. Since the tower is
unmanned and given its location, there would not be any impacts to persons or property
from erosion, flood/water damage, fire, noise, glare, air quality, dust/odor and similar
hazards.
INFRASTRUCTURE IMPROVEMENTS
No specific public infrastructure improvements are planned for this area.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the City Council meeting. Notice for this SUP Public Hearing was published in The Dallas
Morning News on August 11, 2022. In addition, the Zoning Ordinance requires notification of
property owners located within 200 feet of the subject property a minimum of fifteen (15) days
prior to the public hearing. Public Hearing notices were mailed on August 11, 2022 to adjacent
property owners. No comments either for or against the SUP were received as of printing of this
packet.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the SUP meets the requirements of The
Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as
outlined in the Staff Report.
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UNDERWOODSTCOLUMBUSDRCEARY DRTR U IT T C I RTRUITTST
T E R R Y S T
S Q U I R E S D R
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Infr aredCombatZone S F -4SF-4
This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . SUP22-0002 - Project Nam e: Verizo n 105ft mo nop ole
Ve rizo n 1 0 5f t Mo no po le
Sin gl e Fa mil y
Subj ectArea
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Colony North (Location Code 503744)
Narrative
The project will entail installing an unmanned telecommunications tower and associated fenced
gravel compound for ground equipment. A concrete access drive will be installed branching off
from an existing concrete access drive that will lead to the fenced compound. There will be a
concrete turnaround area installed directly in front of the fenced compound. The chain-link
fence will be installed at a height of 8'. Privacy slats will be installed to match the adjacent park
fencing. The privacy slats will serve as the screening of the ground equipment in lieu of
traditional landscaping to reduce the maintenance requirements. This variance from the zoning
ordinance is at the request of the City of Colony Parks department. The tower will match the
finish/color of existing light poles within the park.
The project will fill in coverage gaps within Verizon's network -- see propagation maps. At the
request of the City, the tower and compound will be designed for only Verizon's equipment.
The backhaul provider for this site will be One Fiber/Verizon business. Existing co-locations
have been exhausted within the Verizon search ring. Initial plans to install on a nearby utility
company tower fell through.
The project is proposed to be installed on the BB Owen Sports facility/park owned by the City of
Colony. The existing zoning is SF-4/residential. Other attempts to install the proposed tower in
non-residential zoning districts have been rejected. The proposed tower is in a remote area of
the park that is not visible from the public street adjacent to a floodway and field. The adjacent
field and floodway will not be developed, so the tower will not have visual impacts to future
developments. Due to the remote location of the tower/compound, vehicle and pedestrian
traffic will be minimal. Upon completion of construction, Verizon's typical maintenance will be
once a month. Since the tower is unmanned and the location of the tower, there should not be
any impacts to persons and property from erosion, flood/water damage, fire, noise, glare, air
quality, dust/odor, and similar hazards.
During construction, erosion control measures will be installed to prevent silt from leaving the
site. The site will be stabilized as a part of construction to prevent erosion. The proposed
compound and access drive will essentially be installed at grade to avoid changing the existing
drainage pattern of stormwater runoff which drains east directly to Stewart Creek Tributary 1
which leads to Stewart Creek and outfalls into Lewisville Lake. The project is located adjacent to
a floodplain with a BFE of 561’ AMSL. All proposed equipment will be designed to be at least
(2) two feet above the adjacent BFE.
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022-_______
SPECIFIC USE PERMIT (SUP) – 115 ft. VERIZON MONOPOLE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO
ALLOW A 115-FOOT (TOP OF HIGHEST APPURTENANCE) VERIZON
MONOPOLE AT 5700 SQUIRES DRIVE (B.B. OWEN PARK). THE
SUBJECT LEASE AREA CONTAINS APPROXIMATELY 1,250 SQUARE
FEET AND IS LOCATED WITHIN THE SINGLE-FAMILY 4 (SF-4)
ZONING DISTRICT; PROVIDING A REPEALER CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of The
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the
City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have
held due public hearings, and afforded a full and fair hearing to all property owners generally, and to
all persons interested, and is of the opinion and finds that Specific Use Permit No. SUP22-0002 to
allow a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen
Park). The subject lease area contains approximately 1,250 square feet and is located within the single-
family 4 (SF-4) zoning district should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the City Council of the City of The Colony, Texas, does hereby
approve the Specific Used Permit for a 115-foot (top of highest appurtenance) Verizon monopole at
5700 Squires Drive (B.B. Owen Park). The subject lease area contains approximately 1,250 square
feet and is located within the single-family 4 (SF-4) zoning district, as reflected on and attached
hereto as Exhibit A of this Ordinance.
SECTION 3. That it is hereby declared to be the intention of the City Council of the City
of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation of this Ordinance of any such unconstitutio nal phrase,
clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
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uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER, 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
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Exhibit A
420
Agenda Item No:5.10
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider an ordinance approving a Variance to permit an alternative landscape and screening
method of chain-link with vinyl screening slats around the base of a 115-foot (top of highest appurtenance)
Verizon monopole at 5700 Squires Drive (B.B. Owen Sports Facility). The subject lease area contains
approximately 1,250 Square feet and is located within the Single-Family 4 (SF-4) zoning district. (Williams)
Suggested Action:
Please sss the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
VM22-0001 CC Staff Report Verizon Monopole - Variance- FINAL.pdf
VM22-0001 Locator Map.pdf
VM22-0001 Exhibits.pdf
Ord. 2022-xxxx VM22-0001 - Verizon Monopole Landscape Variance.pdf
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CITY COUNCIL REPORT
AGENDA DATE: September 6, 2022
DEPARTMENT: Planning Department
SUBJECT: VM22-0001 Verizon 115ft. Telecommunication Monopole
Discuss and consider approval of a Variance to permit an alternative landscape and screening
method of chain-link with vinyl screening slats around the base of a 115-foot (top of highest
appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Sports Facility). The subject
lease area contains approximately 1,250 square feet and is located within the Single-Family 4 (SF-
4) zoning district.
OWNER/APPLICANT
Owner: City of The Colony The Colony, TX
Applicant: Charlton Collum
Verizon Wireless Shertz, TX
EXISTING CONDITION OF PROPERTY
The subject site is the athletic facility known as B.B. Owen Sports Facility located at 5700 Squires
Drive. The B.B. Owen Sports Facility consists of baseball/softball fields, concessions, laser tag
course, parking and restrooms encompassing twenty acres.
ADJACENT ZONING AND LAND USE
North - City of Frisco – undeveloped land
South - SF-4 – Colony No. 21 Subdivision
East - City of Frisco – undeveloped land and single family homes
West - SF-4 – B.B. Owen Elementary School
PROPOSED DEVELOPMENT
The applicant proposes to construct a 115-foot monopole tower for Verizon at B.B. Owen Sports
Facility. The applicant requests approval of a Variance to Section 10C-700 (2)(iv) and 17A-300C.2
as referenced to allow the proposed Verizon monopole to provide an alternative landscaping and
screening method of chain-link with vinyl screening slats around the base of the monopole.
Overall, the project will entail installation of an unmanned telecommunications tower and
associated fenced gravel compound for ground equipment. A concrete access drive will be installed
branching off from an existing concrete access drive that will lead to the fenced compound. There
will be a concrete turnaround area installed directl y in front of the fenced compound. The chain-
link fence will be installed at a height of 8 feet. Privacy slats will be installed to match the adjacent
park fencing. The privacy slats will serve as the screening of the ground equipment in lieu of
traditional landscaping to reduce the anticipated maintenance. The tower will match the finish/color
of existing light poles within the park in accordance with the approval review provided by the City’s
Parks Department.
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DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) recommends approval of the variance request.
PRIOR ACTION
On August 23, 2022, the Planning and Zoning Commission voted (6-0) to recommend approval of
a Variance to permit an alternative landscape and screening method of chain-link with vinyl
screening slats around the base of a 115-foot (top of highest appurtenance) Verizon monopole at
5700 Squires Drive (B.B. Owen Sports Facility).
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Site Illustration
4. Applicant Narrative
ATTACHMENT 1
STAFF ANALYSIS
LAND USE ANALYSIS
The City of The Colony has designated areas of the City where monopoles are allowed to be
installed. Section 10C-700.2 requires the location of monopole antenna facilities, not to exceed one
hundred twenty feet in height, in certain designated location so as to minimize the visual impact to
established single family neighborhoods. This site falls within a designated area.
Section 10C-700.2.ii states:
The following sites have been designated for monopole antenna facilities based on their location
and level of visual impact to the city and adjacent properties:
(e) “Sites located East of Main Street and North of Overlake Drive.”
Monopole antenna facilities are required to receive approval through the Specific Use Permit and
be in compliance with the landscaping requirements under the City Code of Ordinances Section
17A-300C.2, as amended; the SUP request SUP22-0002 shall be considered by the Planning and
Zoning Commission on August 23, 2022 and City Council on September 6, 2022. Section 10C-
700.1.iii requires monopoles antenna facilities be landscaped, irrigated, and maintained in living,
growing condition. Wooden fences are prohibited and wrought iron or chain link may only be used
in conjunction with a landscape screen.
VARIANCE CRITERIA
In accordance with Section 10C-1001 (Variance - Approval Criteria) of the Zoning Ordinance, the
Planning and Zoning Commission and City Council shall review and evaluate a Variance
application using the following criteria:
1. The granting of the variance will not be detrimental to the public safety, health, or
welfare or injurious to other property;
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It is staff’s opinion that there would be no impacts to the use, enjoyment or value of the
property in the vicinity if the variance is granted. The proposed tower and screening is in a
remote area of the park that is not easily visible from the public street adjacent to a floodway
or field. The tower and screening is located away from all sports facilities and outside the
minimum setback from any public ROW and residential use or district. Due to the remote
location to the tower and screening, vehicle and pedestrian traffic will be minimal. Since
the tower is unmanned and given its location, there would not be any impacts to persons or
property from erosion, flood/water damage, fire, noise, glare, air quality, dust/odor and
similar hazards.
2. The conditions upon which the request for a variance is based that are unique to the
property for which the variance is sought and are not applicable generally to other
property;
The proposed tower location is in a remote area adjacent to the existing tree line at the
northernmost portion of the site. This area of natural terrain is flat with sparse vegetation,
typical of outdoor sport facilities. The proposed screening offers a more practical screening
for the location and is consistent with existing screening methods on the site.
3. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if strict compliance with the engineering
design manual and standard construction details is required;
The applicant has stated that during construction, erosion control measures will be installed
to prevent silt from leaving the site. The site will be stabilized as a part of construction to
prevent erosion. The proposed compound and access drive will essentially be installed at
grade to avoid changing the existing drainage pattern of storm water runoff which drains
east directly to Stewart Creek Tributary 1 which leads to Stewart Creek and outfalls into
Lewisville Lake. The project is located adjacent to a floodplain with a BFE of 561’ AMSL.
All proposed equipment will be designed to be at least two feet above the adjacent BFE.
4. The special or peculiar conditions upon which the request is based did not result from
or were not created by the act or omission of the owner or any prior owner, subsequent
to the date of creation of the requirement from which the variance is sought;
Staff finds that the applicant did not create the special or peculiar condition on which the
variance is requested. The applicant’s request reflects an intent to provide a screening that
is consistent with screening currently located on the site. The screening is compatible with
the existing condition of the site; the request is not a result from or creation by the act or
omission of the owner.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION
The Development Review Committee (DRC) recommends approval of the variance request.
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T E R R Y S T
S Q U I R E S D R
5637 5645
5821570157095717561656245632564056485700570858045716581256135621562976125701570957177616
7800
5612 770056205628563656445704571277045609561777085625563356415701570957177712
7716
5700
Infr aredCombatZone S F -4SF-4
This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Ve rizo n
Sin gl e Fa mil y
Subj ectArea
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Colony North (Location Code 503744)
Narrative
The project will entail installing an unmanned telecommunications tower and associated fenced
gravel compound for ground equipment. A concrete access drive will be installed branching off
from an existing concrete access drive that will lead to the fenced compound. There will be a
concrete turnaround area installed directly in front of the fenced compound. The chain-link
fence will be installed at a height of 8'. Privacy slats will be installed to match the adjacent park
fencing. The privacy slats will serve as the screening of the ground equipment in lieu of
traditional landscaping to reduce the maintenance requirements. This variance from the zoning
ordinance is at the request of the City of Colony Parks department. The tower will match the
finish/color of existing light poles within the park.
The project will fill in coverage gaps within Verizon's network -- see propagation maps. At the
request of the City, the tower and compound will be designed for only Verizon's equipment.
The backhaul provider for this site will be One Fiber/Verizon business. Existing co-locations
have been exhausted within the Verizon search ring. Initial plans to install on a nearby utility
company tower fell through.
The project is proposed to be installed on the BB Owen Sports facility/park owned by the City of
Colony. The existing zoning is SF-4/residential. Other attempts to install the proposed tower in
non-residential zoning districts have been rejected. The proposed tower is in a remote area of
the park that is not visible from the public street adjacent to a floodway and field. The adjacent
field and floodway will not be developed, so the tower will not have visual impacts to future
developments. Due to the remote location of the tower/compound, vehicle and pedestrian
traffic will be minimal. Upon completion of construction, Verizon's typical maintenance will be
once a month. Since the tower is unmanned and the location of the tower, there should not be
any impacts to persons and property from erosion, flood/water damage, fire, noise, glare, air
quality, dust/odor, and similar hazards.
During construction, erosion control measures will be installed to prevent silt from leaving the
site. The site will be stabilized as a part of construction to prevent erosion. The proposed
compound and access drive will essentially be installed at grade to avoid changing the existing
drainage pattern of stormwater runoff which drains east directly to Stewart Creek Tributary 1
which leads to Stewart Creek and outfalls into Lewisville Lake. The project is located adjacent to
a floodplain with a BFE of 561’ AMSL. All proposed equipment will be designed to be at least
(2) two feet above the adjacent BFE.
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022-______
VARIANCE –VERIZON MONOPOLE LANDSCAPE VARIANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A “VARIANCE” (I.E. SPECIAL USE
PERMIT) TO PERMIT AN ALTERNATIVE LANDSCAPE AND
SCREENING METHOD OF CHAIN-LINK WITH VINYL SCREENING
SLATS AROUND THE BASE OF A 115-FOOT (TOP OF HIGHEST
APPURTENANCE) VERIZON MONOPOLE AT 5700 SQUIRES DRIVE
(B.B. OWEN SPORTS FACILITY, ON AN APPROXIMATELY 1,250
SQUARE FEET OF LAND, LOCATED WITHIN THE SINGLE-FAMILY-4
(SF-4) ZONING DISTRICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of The
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the
City of The Colony, Texas, have given requisite notices and consideration of the site plan application
and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds
that Variance Application No. VM22-0001 for a “variance” or special use permit to permit an
alternative landscape and screening method of chain-link with vinyl screening slats around the base
of a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen
Sports Facility) and located on an approximately 1,250 square feet of land, located within the Single-
Family-4 (SF-4) zoning district should be approved pursuant to Section 10C-1001 of the Code of
Ordinances of the City of The Colony, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the City Council of the City of The Colony, Texas, does hereby
approve the development plans, a copy of which are attached hereto as Exhibit A of this Ordinance,
by approving a “variance” or special use permit to permit an alternative landscape and screening
method of chain-link with vinyl screening slats around the base of a 115-foot (top of highest
appurtenance) Verizon monopole, applicable to the subject lease area, consisting of approximately
1,250 square feet of land, located at 5700 Squires Drive (B.B. Owen Sports Facility), City of The
Colony, Texas.
SECTION 3. That it is hereby declared to be the intention of the City Council of the City
of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
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shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation of this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 6TH DAY OF SEPTEMBER, 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
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Exhibit A
[Development Plans]
430
Agenda Item No:5.11
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 2022
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a Communications
Facility License Agreement with Cellco Partnership d/b/a Verizon Wireless. (Hartline)
Suggested Action:
SUMMARY OF REQUEST: The agreement provides for a license to install a communications facility on the
city’s property at BB Owen Sports Facility located at 5700 Squires Dr. The antennas will be located on a new
monopole that will be installed in the park and associated telecommunication equipment will be located in a
fenced equipment shelter at the base of the new tower. The following are some of the major terms included in
the agreement.
1) Cellco Partnership will construct the communications facility at their cost per the approved engineering
plans and will obtain applicable Building Permits necessary to construct the project.
2) The term of the agreement is five years and may be automatically renewed for three additional five year
terms.
3) The license fee is $2,000.00 per month
4) The license fee will increase on a yearly basis and will increase by 3% of the license fee from the
immediately preceding year.
5) Total revenue to the city in the first year will be $ 24,000.00.
6) Insurance must be maintained by Verizon for its employees and subcontractors that may be on City
property.
Staff has reviewed the contract and recommends approval of the agreement.
Attachments:
Communications Facility License Agreement with Cellco Partnership.pdf
Res. 2022-xxx Communications Facility License Agreement with Cellco - Verizon Wireless.pdf
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Licensee Site Name: Colony_North / 503744
STATE OF TEXAS
COUNTY OF DENTON
§
§
§
COMMUNICATION FACILITY
LICENSE AGREEMENT
THIS License Agreement ("Agreement") is entered into this day of __________,
20____ (the "Effective Date"), between Cellco Partnership d/b/a Verizon Wireless
("Licensee") with its principal offices located at One Verizon Way, Mail Stop 4AW100,
Basking Ridge, New Jersey 07920, and the City of The Colony, a Texas home-rule
municipality ("Licensor"), acting by and through its authorized representatives. Licensor and
Licensee are at times collectively referred to in this Agreement as the "Parties" or individually
as the "Party."
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. Premises. Licensor is the owner of a parcel of land (the "Land") located in the City
of The Colony, County of Denton, State of Texas, more particularly described in Exhibit A,
attached hereto and incorporated herein by reference. Licensor hereby licenses to Licensee,
and Licensee licenses from Licensor, 1,250 sq. ft. of ground space, being a portion of the Land,
which portion is more particularly described and depicted in Exhibit B, attached hereto and
incorporated herein by reference, and grants Licensee all licenses for access and utilities on,
under, across, and/or over the Land to the Premises necessary to operate Licensee’s
communications facility, which are described on Exhibit C, attached hereto and incorporated
herein by reference (collectively, the “Premises”). Provided however that Licensee’s
utilities cannot interfere with any existing facilities on, under, and/or over the Land. Licensee
may survey the Premises at any time. If Licensee completes a survey after the Effective
Date, the Parties shall amend this Agreement to replace Exhibit B and Exhibit C in their
entireties with the new survey.
2. Use. The Land may be used by Licensee for any activity in connection with the
provision of telecommunications services. Licensor agrees to cooperate with Licensee in
making application for and obtaining all licenses, permits, and any and all other necessary
approvals, at Licensee’s expense, that may be required for Licensee’s intended use of the
Land.
3. Construction. Prior to the construction of Licensee’s Facilities (herein defined),
Licensee shall submit all plans and specifications related to the placement of Licensee’s
Facilities on the Land to Licensor for review and approval, which approval shall not be
unreasonably denied, delayed, or conditioned. Upon Licensee’s request, Licensor agrees to
provide to Licensee copies of all plans, specifications, and surveys or site plans for the Land.
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4. Term. The initial term of this Agreement shall commence on the earlier of the start
of construction of Licensee’s Facilities, or twelve (12) months after full execution of this
Agreement by both parties ("Commencement Date"), and shall terminate on the fifth
anniversary of the Commencement Date, unless otherwise terminated as provided herein.
This Agreement will automatically renew for three (3) additional five (5) year term(s) (each
additional five (5) year term shall be defined as an "Extension Term"), upon the same terms
and conditions unless the Licensee notifies the Licensor in writing of Licensee’s intention
not to renew this Agreement at least sixty (60) days prior to the expiration of the then-existing
term. The initial term and all Extension Terms shall be collectively referred to herein as the
"Term"). It is expressly understood that all rights granted to Licensee under this Agreement
are irrevocable until this Agreement expires or sooner terminates as provided herein.
5. License Fees
(a) Effective as of the Commencement Date and on the first day of each month
thereafter, Licensee shall pay to Licensor a license fee in the amount of Two Thousand Dollars
($ 2,000.00) per month ("License Fee"). The License Fee shall be payable to Licensor at City of
The Colony, 6800 Main St., The Colony, Texas 75056, Attn: Finance Director.
(b) The License Fee shall be increased on the first annual anniversary of the
Commencement Date and yearly on each annual anniversary thereafter during the term of this
Agreement (including all extension terms), by an amount equal to three percent (3%) of the License
Fee in effect for the immediately-preceding license year.
(c) The initial License Fee payment may not be delivered by Licensee until 90 days
after the Commencement Date. Upon agreement of the Parties, Licensee may pay rent by electronic
funds transfer, and in that event, Licensor shall provide to Licensee bank routing information for
that purpose upon request of Licensee.
(d) For any party to whom License Fee payments are to be made, Licensor, or any
successor-in-interest of Licensor, shall provide to Licensee: (i) a completed, current version of
Internal Revenue Service Form W-9, or equivalent; (ii) completed and fully-executed state and
local withholding forms, if required; and (iii) any other documentation required to verify
Licensor's, or any other party's right to receive License Fee payment(s), as is reasonably requested
by Licensee. License Fee payments shall accrue in accordance with this Agreement, but Licensee
shall have no obligation to deliver License Fee payments until the requested documentatio n has
been received by Licensee. Upon receipt of the requested documentation, Licensee shall deliver
the accrued License Fee payment(s), as directed by Licensor.
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6. Facilities; Utilities; Access.
(a) Licensee has the right to erect, maintain, and operate communications facilities
on the Premises, including without limitation, a monopole communications tower, fiber and
utility lines, transmission lines, equipment shelter(s), electronic equipment, transmitting and
receiving antennas, and supporting equipment and structures thereto ("Licensee Facilities"),
which facilities are depicted in the schematic or diagrams shown on Exhibit D, attached hereto
and incorporated herein by reference. In connection therewith, Licensee has the right to
do all work necessary to prepare, maintain, and alter the Land for Licensee’s business
operations and to install transmission lines connecting the antennas to the transmitters and
receivers. Licensee further has the right but not the obligation to add, modify, and/or replace
equipment in order to be in compliance with any current or future federal, state, or local
mandated application, including, but not limited to, emergency 911 communication services,
at no additional cost to Licensee or Licensor. Licensee has the right to install and operate
transmission cables from the equipment shelter or cabinet to the antennas, electric lines from
the main feed to the equipment shelter or cabinet, and communication lines (including fiber)
from the main entry point to the equipment shelter or cabinet. Licensee has the right to modify,
supplement, replace, upgrade, and/or expand the Licensee Facilities at any time during the
term of this Agreement. All of the Licensee’s construction and installation work shall be
performed at Licensee’s sole cost and expense and in a good and workmanlike manner. Title
to the Licensee Facilities shall be held by Licensee. All of the Licensee Facilities shall remain
Licensee’s personal property and are not fixtures. Licensee has the right to remove any or all
Licensee Facilities at its sole expense any time before, or within sixty (60) days after, the
expiration or earlier termination of the Agreement; provided Licensee must repair any damage
to the Land caused by the removal. LICENSEE SHALL NOT DAMAGE, OR INJURE, OR
IMPEDE ANY FACILITIES OR EQUIPMENT ON, UNDER, OR OVER THE LAND IN
THE ERECTION, INSTALLATION, CONSTRUCTION, OR MAINTENANCE OF THE
LICENSEE FACILITIES, AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND
LICENSOR FROM ANY AND ALL LOSS, DAMAGE, OR INJURY CAUSED BY
LICENSEE OR ITS AGENTS, REPRESENTATIVES, OR EMPLOYEES IN THIS
REGARD, EXCLUDING ANY LOSS, DAMAGE, OR INJURY CAUSED BY
LICENSOR’S OR ITS AGENTS’, REPRESENTATIVES’, OR EMPLOYEES’
NEGLIGENCE OR WILLFUL MISCONDUCT.
(b) Licensor waives any lien rights it may have concerning the Licensee Facilities, all
of which are deemed Licensee’s personal property and not fixtures, and Licensee has the right
to remove the Licensee Facilities or any portion, at any time without Licensor’s consent,
whether or not the same is deemed real or personal property under applicable laws, and
provided Licensee does not damage, injure, or impair any other facilities or equipment on,
over, and/or under the Land.
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(c) Licensee shall have the right to install utilities and fiber on, under, and across the
Land, at Licensee’s expense, and to improve the present utilities on the Land (including, but not
limited to, the installation of emergency power generators) to provide all necessary, in
Licensee’s sole discretion, electrical, telephone, fiber, and other similar support services.
Licensee agrees to obtain separate utility service from any utility company that will provide
service to the Licensee Facilities. Licensor agrees to sign such documents or easements as
may be required by utility companies and fiber providers to provide such services to the
Licensee Facilities, including the grant to Licensee, or to the servicing utility company or fiber
providers of an easement in, under, over, across, or through the Land as may be reasonably
required by the utility company or fiber provider to provide utility services and fiber as provided
herein. If necessary, Licensor shall grant Licensee, or the provider, the right to install the services
on, through, over, and under the Land, provided the location of the services shall be as reasonably
approved by Licensor. Notwithstanding anything to the contrary, the Premises shall include such
additional space as is sufficient for Licensee's radio frequency signage, and barricades, as are
necessary to ensure Licensee's compliance with Laws (as defined in Paragraph 24).
(d) Licensee, Licensee’s employees, agents, subcontractors, lenders, and invitees
shall have access to the Premises twenty-four (24) hours a day, seven (7) days a week, from the
nearest public right of way, Squires Drive, to the Premises, without prior notice to Licensor.
(e) Licensor shall maintain existing access roadways from the nearest public right-of-
way, Squires Drive, to the Premises in a manner sufficient to allow pedestrian and vehicular
access at all times under normal weather conditions. Licensor shall be responsible for
maintaining and repairing those roadways, except for any damage caused by Licensee’s use of
the roadways.
7. Special Conditions
(a)
Subletting - This location may only be used to provide cellular service for Licensee and co-location
by others is not allowed.
(b) Licensee agrees that the entry driveway shall be constructed of concrete to limit
required maintenance.
(c) Licensee will be responsible for designing, installing and maintaining any
necessary irrigation required by applicable governing authorities as a condition of the construction
of Licensee’s Facilities. Additionally, Licensee will install privacy slats in Licensee’s fence
surrounding the communications facility to properly screen the fenced area.
(d) Any existing parks irrigation that is in conflict with the approved plans for
Licensee’s wireless facility will be repaired and / or re-routed by Licensee during construction
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activities by a licensed irrigator. All required building permits will be obtained by Licensee prior
to performing any maintenance or relocation of existing irrigation system components.
(e) The existing entry access road is rated for light duty vehicles. Licensee agrees to
utilize light-duty vehicles where practical. To the extent Licensee’s use of heavy duty vehicles
causes damage to such access road during construction, Licensee agrees to repair damage to such
road caused by Licensee.
8. Interference
(a) Licensee will not cause interference to then-existing equipment of Licensor and
other occupants of the Land that is measurable in accordance with then-existing industry standards.
Licensor and other occupants of the Land will not cause interference to the then-existing
equipment of Licensee that is measurable in accordance with then-existing industry standards.
Without limiting any other rights or remedies, if interference occurs and continues for a
period in excess of 48 hours following notice to the interfering Party via telephone to Licensee's
Network Operations Center [at (800) 224-6620/(800) 621-2622] or to Licensor at (972-624-3133),
the interfering Party shall, or shall require any other user to, reduce power or cease operation s of
the interfering equipment until the interference is cured.
(b) The Parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this paragraph, and therefore, the Parties shall have the right
to equitable remedies including, without limitation, injunctive relief and specific performance.
9. Taxes
Licensee shall be responsible for and pay any lawful taxes directly attributed to the Licensee
Facilities or Licensee’s use of the Premises.
Licensee shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge, or seek modification of any tax assessment or billing for which Licensee is wholly or
partly responsible for payment. Licensor shall reasonably cooperate with Licensee at Licensee's
expense in filing, prosecuting, and perfecting any appeal or challenge to taxes as set forth in the
preceding sentence, including, but not limited to, executing any consent, appeal, or other similar
document. If as a result of any appeal or challenge by Licensee, there is a reduction, credit, or
repayment received by Licensor for any taxes previously paid by Licensee, Licensor shall
promptly reimburse to Licensee the amount of the reduction, credit, or repayment. If Licensee
does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under
this paragraph, Licensor will pursue such dispute at Licensee's sole cost and expense upon written
request of Licensee.
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10. Condition of Site. Licensee accepts the Premises as is, in its current condition, and the
Licensor makes no representation or warranties, and hereby disclaims any and all such
representation or warranties, express or implied, of any kind or nature, with regard to the
Premises.
Upon expiration, cancellation, or termination of this Agreement, the Licensee shall
remove the Licensee Facilities (including footings to 3’ below surface) from the Land at
Licensee’s sole cost and expense. However, upon vacation of this site, Licensee shall
surrender the Land in substantially the same condition as received, except for ordinary wear
and tear, as reasonably determined by the Licensor. If, as determined by the Licensor, the
Land is not surrendered in reasonably satisfactory condition, the Licensee shall be liable to the
Licensor for an amount representing the actual cost to restore the Land to substantially the
same condition as received, except for ordinary wear and tear, as reasonably determined by
the Licensor. Should Licensee fail to remove the equipment, antenna systems and structures
within the time period specified in Section 6(a), Licensor may, upon thirty (30) days’ notice
by Licensor to Licensee, remove and store such equipment, antenna systems and structures. If
Licensee does not timely remove the Licensee Facilities after at least sixty (60) days have
elapsed since the original written notice to Licensee, the Licensee Facilities shall be deemed
abandoned and Licensor may remove and dispose of the Licensee Facilities. The Licensee
Facilities shall remain the personal property of Licensee, and Licensee shall have the right to
remove all or any portion of its communications equipment at any time during the Term, whether
or not any items of communications equipment are considered fixtures or attachments to real
property under applicable laws. If the time required for removal causes Licensee to remain on the
Premises after termination of the Agreement, Licensee shall pay rent at the then-existing monthly
rate, or on the existing monthly pro-rata basis if based upon a longer payment term, until the
removal of the Licensee Facilities is completed.
11. Holdover. Upon expiration of the Term, if the Parties are negotiating a new license or a
license extension, then this Agreement shall continue during such negotiations on a month-to-
month basis at the Licensee Fees in effect upon expiration of the Term. If the Parties are not in
the process of negotiating a new license or license extension, and Licensee holds over after the
expiration or earlier termination of the Term, then Licensee shall pay License Fees increased by
twenty five percent (25%) over the License Fees paid during the prior Extension Term until the
removal of the Licensee Facilities is completed.
12. Termination. This Agreement may be terminated without further liability on thirty (30)
days prior written notice as follows: (i) by Licensee for any reason or for no reason, provided
Licensee delivers written notice of early termination to Licensor no later than thirty (30) days prior
to the Commencement Date; (ii) by Licensee if it does not obtain or maintain any license, permit
or other approval necessary for the construction and operation of Licensee Facilities; (iii) by
Licensee if Licensee is unable to occupy and utilize the Land due to an action of the FCC, including
without limitation, a take back of channels or change in frequencies; (iv) by Licensee if Licensee
determines that the Land is not appropriate for its operations for economic or technological
reasons, including, without limitation, signal interference; or (v) by Licensor in the event of an
overriding public need or a determination of the governing body of Licensor that the termination
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is necessary to preserve the public health, safety or welfare, as determined by the Licensor in its
reasonable discretion, by written notice, delivered not less than ninety (90) days prior to
termination of the then-current term. In addition, Licensee may terminate this Agreement for any
reason or no reason in Licensee's sole discretion with 3 months prior notice to Licensor upon the
annual anniversary of the Commencement Date, or at any time before the Commencement Date.
13. Default.
(a) If there is a breach by Licensee with respect to any of the provisions of this
Agreement or its obligations under it, including the payment of License Fees, Licensor shall give
Licensee written notice of that breach. After receipt of the written notice, Licensee shall have 20
days in which to cure any monetary breach, and 30 days in which to cure any non-monetary breach,
provided Licensee shall have up to 90 days in which to cure a non-monetary breach if the nature
of the cure reasonably requires more than 30 days, and Licensee commences the cure within the
30 day period, and thereafter continuously and diligently pursues the cure to completion within 90
days after the initial written notice. Licensor may not maintain any action or effect any remedies
for default against Licensee unless and until Licensee has failed to cure the breach within the time
periods provided in this Paragraph.
(b) If there is a breach by Licensor with respect to any of the provisions of this
Agreement or its obligations under it, Licensee shall give Licensor written notice of that breach.
After receipt of the written notice, Licensor shall have 30 days in which to cure the breach,
provided Licensor shall have up to 90 days in which to cure the breach if the nature of the cure
reasonably requires more than 30 days, and Licensor commences the cure within the 30 day period,
and thereafter continuously and diligently pursues the cure to completion. Licensee may not
maintain any action or effect any remedies for default against Licensor unless and until Licensor
has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding
the foregoing to the contrary, it shall be a default under this Agreement if Licensor fails, within
five (5) days after receipt of written notice of the breach, to perform an obligation required to be
performed by Licensor if the failure to perform that obligation interferes with Licensee’s Use;
provided, however, that if the nature of Licensor’s obligation is such that more than five (5) days
after the notice is reasonably required for its performance, then it shall not be a default under this
Agreement if Licensor commences performance within the five (5) day period, and thereafter
diligently pursues the cure to completion within 15 days after the initial written notice. Licensor
may not maintain any action or effect any remedies for default against Licensee unless and until
Licensee has failed to cure the breach within the time periods provided in this Paragraph.
The cure periods set forth in this Paragraph do not extend the period of time within which
either Party has to cure interference pursuant to Paragraph 7 of this Agreement.
14. Intentionally Omitted.
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15. Insurance. Licensee, at Licensee’s sole cost and expense, shall procure and maintain
on the Land and on the Licensee Facilities, commercial general liability insurance with limits
of $2,000,000 per occurrence for bodily injury (including death) and for damage or destruction
to property.
Licensor will maintain commercial general liability insurance, with limits not less than
$2,000,000 for injury to, or death of, one or more persons in any one occurrence, and $2,000,000
for damage or destruction in any one occurrence.
Each Party shall include the other Party as an additional insured as their interests may
appear under this Agreement.
Each Party hereby waives and releases all rights of action for negligence against the other
Party that may hereafter arise on account of damage to the Premises, Licensee Facilities, or the
Land, resulting from any fire or other casualty that is insurable under "Causes of Loss - Special
Form" property damage insurance, or for the kind covered by standard fire insurance policies with
extended coverage, regardless of whether or not, or in what amounts, that insurance is now or
hereafter carried by the Parties, even if the fire or other casualty was caused by the fault or
negligence of the other Party. These waivers and releas es shall apply between the Parties, and
they shall also apply to any claims under or through either Party as a result of any asserted right of
subrogation. All policies of insurance obtained by either Party concerning the Premises or the
Land shall waive the insurer's right of subrogation against the other Party.
16. Limitation of Liability. Except for indemnification pursuant to Paragraphs 18 and 19 of
this Agreement, or a violation of law, neither Party shall be liable to the other, or any of their
respective agents, representatives, or employees, for any lost revenue, lost profits, loss of
technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss
of data, or interruption or loss of use of service, even if advised of the possibility of such damages,
whether under theory of contract, tort (including negligence), strict liability, or otherwise.
17. Assignment. Licensee may not without the prior written consent of Licensor (1 ) assign
or otherwise transfer all or any part of its interest in this Agreement or (2) permit another to
use the Land; provided, however, that Licensee may assign or transfer without Licensor’s
consent Licensee’s interest to its parent company, any subsidiary or affiliate of it or its parent
company or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of
its stock or assets in the applicable FCC market. Upon assignment, Licensee shall be relieved
of all future performance, liabilities, and obligations under this Agreement, provided that the
assignee assumes all of Licensee’s obligations herein. Licensor may assign this Agreement,
which assignment may be evidenced by written notice to Licensee within a reasonable period
of time thereafter, provided that the assignee assumes all of Licensor’s obligations herein.
18. Warranty of Title. Licensor warrants that: (i) Licensor owns the Land in fee simple
and has rights of access thereto and the Land is free and clear of all liens, encumbrances and
restrictions; and (ii) Licensor has full right to make and perform this Agreement.
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19. Hazardous Substances. Licensee agrees that it will not use, generate, store, or dispose
of any Hazardous Material on, under, about or within the Land in violation of any law or
regulation. Licensee agrees to assume all duties, responsibilities, and liabilities at their sole
cost and expense for payment of penalties, sanctions, forfeitures, losses, costs, or damages,
and for responding to any action, notice, claim, order, summons, citation, directive, litigation,
investigation, or proceeding which is related to: (i) Licensee’s failure to comply with any
environmental or industrial hygiene law, including without limitation any regulations,
guidelines, standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or industrial
hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental
or industrial hygiene conditions that arise out of or are in any way related to the condition of
the Land and Licensee's activities conducted by the party thereon, unless the environmental
conditions are caused by another party. The Parties recognize that Licensee is only leasing a
small portion of Licensor’s Land, and that Licensee shall not be responsible for any environmental
condition or issue, except to the extent resulting from Licensee's specific activities and
responsibilities. If Licensee encounters any hazardous substances that do not result from its
activities, Licensee may relocate its facilities to avoid such hazardous substances to a mutually
agreeable location, or if Licensee desires to remove at its own cost all or some the hazardous
substances or materials (such as soil) containing those hazardous substances, Licensor shall sign
any necessary waste manifest associated with the removal, transportation, and/or disposal of those
substances. The provisions of this section will survive the expiration or termination of this
Agreement.
20. Liability and Indemnity.
(a) Licensee shall at all times comply with all laws and ordinances and all rules
and regulations of Municipal, State, and Federal Government authorities relating to the
installation, maintenance, height, location, use, operation, and removal of the equipment,
antenna systems, and other alterations or improvements authorized herein, and shall
fully indemnify the Licensor against any loss, damage, cost, or expense which may be
sustained or incurred by the Licensor as a result of Licensee’s installation, operation, or
removal of said improvements, except for those caused by the negligence or willful
misconduct of the Licensor, or its employees, contractors, or agents.
(b) Licensee agrees and is bound to indemnify, defend, and hold harmless
Licensor against any and all claims for any loss or damages that may arise
out of the use, maintenance, and occupancy of Licensee’s Facilities and use
of the Land by Licensee, except for those caused by the negligence or willful
misconduct of the Licensor, or its employees, contractors, or agents.
21. Notices. Except for notices permitted via telephone in accordance with Paragraph 7 of
this Agreement, all notices or demands required to be given herein shall be made by certified or
registered mail, return receipt requested, or reliable overnight courier, and provided further that
the courier guarantees delivery to the addressee by the end of the next business day following the
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courier's receipt from the sender, addressed as follows (or to any other address that the Party to be
notified may have designated to the sender by like notice):
Licensor: City of The Colony
ATTN: Director of Engineering
6800 Main Street
The Colony, Texas 75056
Licensee: Cellco Partnership d/b/a Verizon Wireless
ATTN: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07921
Licensor or Licensee may from time to time designate any other address for this purpose by
written notice to the other Party. All notices hereunder shall be deemed received upon actual
receipt or refusal.
22. Casualty. If a fire or other casualty damages the Land or the Premises and impairs
Licensee's use of the Licensee Facilities, the License Fee shall abate until Licensee's use is restored.
If Licensee’s use is not restored within 45 days, Licensee may terminate this Agreement.
23. Condemnation. If a condemnation of any portion of the Land or Premises impairs
Licensee's use of the Licensee Facilities, Licensee may terminate this Agreement. Licensee may
on its own behalf make a claim in any condemnation proceeding involving the Premises for losses
related to the Licensee Facilities, relocation costs, and any other damages Licensee may incur as a
result of any such condemnation, but specifically excluding loss of Licensee's license in the
Premises.
24. Applicable Laws. All operations by Licensee shall be in compliance with all Federal
Communications Commission ("FCC") requirements. During the Term, Licensor shall maintain
the Land in compliance with all applicable laws, employee, health, & safety laws, rules,
regulations, ordinances, directives, covenants, easements, consent decrees, zoning and land use
regulations and restrictions of record, permits, building codes, and the requirements of any
applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come
into effect (including, without limitation, the Americans with Disabilities Act and laws regulating
hazardous substances) (collectively "Laws"). Licensee shall, in respect to the condition of the
Premises and at Licensee's sole cost and expense, comply with: all Laws relating solely to
Licensee's specific and unique nature of use of the Premises; and all building codes requiring
modifications to the Premises due to the improvements being made by Licensee in the Premises.
Licensor shall comply with all Laws relating to the Land, without regard to specific use (including,
without limitation, modifications required to enable Licensee to obtain all necessary building
permits).
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25. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the
Parties, and supersedes all offers, negotiations, and other agreements concerning the subject
matter contained herein. Any amendments to this Agreement must be in writing and executed
by both Parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to
any party, the remainder of this Agreement or the application of such provision to persons
other than those as to whom it is held invalid or unenforceable, shall not be affected and each
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by
law.
(c) This Agreement shall be binding on and inure to the benefit of the successors
and permitted assignees of the respective Parties.
(d) Upon paying the License Fees and performing the covenants in this Agreement,
Licensee shall peaceably and quietly have, hold, and enjoy the Premises. Licensor represents and
warrants to Licensee as of the Effective Date and during the Term, that Licensor has full authority
to enter into and execute this Agreement, and that there are no liens, judgments, covenants,
easements, restrictions, or other impediments of title that will adversely affect Licensee's Use.
(e) Licensor and Licensee each warrant to the other that the person executing this
Agreement on behalf of the warranting Party has the full right, power and authority to enter
into, and execute, this Agreement on that Party's behalf, and that no consent from any other
person or entity is necessary as a condition precedent to the legal effect of this Agreement.
(f) This Agreement shall be governed by the laws of the State of Texas; and venue for
any action shall be in any court of proper jurisdiction in or serving Denton County, Texas.
(g) In any case where the approval or consent of one Party hereto is required,
requested or otherwise to be given under this Agreement, that party shall not unreasonably delay
or withhold its approval or consent.
(h) All Exhibits annexed hereto form material parts of this Agreement. There are
no other agreements, oral or otherwise, which form any part of the agreements between the
Parties hereto other than this Agreement.
*SIGNATURES ON FOLLOWING PAGE*
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IN WITNESS WHEREOF. the parties have executed this Agreement as of the date first
above written.
LICENSOR LICENSEE
CITY OF THE COLONY CELLCO PARTNERSHIP d/b/a
Verizon Wireless
BY: BY:
Name: Troy Powell Name:
Title: City Manager Title:
Date:_______________________ Date: ____________________
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EXHIBIT A
DESCRIPTION OF LAND
The Land is described and/or depicted as follows (metes and bound description):
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EXHIBIT B
DESCRIPTION AND DEPICTION OF PREMISES
See Attached Survey (3 pages)
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EXHIBIT C
DESCRIPTION AND DEPICTION OF EASEMENTS
See Attached Survey (3 pages)
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EXHIBIT D
LICENSEE FACILITIES
[Attach Construction Drawings]
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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, AUTHORIZING THE CITY MANAGER
TO EXECUTE A COMMUNICATION FACILITY AGREEMENT
BY AND BETWEEN THE CITY OF THE COLONY AND
CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS;
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, hereby
authorizes a Communication Facility Agreement by and between the City of The
Colony and Cellco Partnership d/b/a Verizon Wireless for a license to install a
communications facility on the city’s property at BB Owen Sports Facility located at
5700 Squires Drive; and
Section 2. That this Communication Facility License Agreement, attached
hereto as Exhibit “A” and Exhibit “Memorandum of License”, is found to be acceptable
and in the best interest of the City and its citizens, and the City Manager is hereby
authorized to execute the Agreement on behalf of the City of The Colony, Texas, with the
terms and conditions as stated therein.
Section 3. That this resolution shall take effect immediately from and after
its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 6th DAY OF SEPTEMBER 2022.
___________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
______________________________________
Jeffrey L. Moore, City Attorney
448
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 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).
B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas
Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City
Manager.
Suggested Action:
Attachments:
449
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 6, 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).
B. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or
dismissal of the City Manager.
Suggested Action:
Attachments:
450