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Home My WebLink About2023 0221Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: David Coulon Submitting Department: Police Item Type: Announcement Agenda Section: Subject: Receive a presentation for accreditation of the Police Department by the Texas Police Chiefs Association Foundation. (Coulon) Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Megan Charters Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive a presentation for the Achievement of Excellence in Libraries Award to The Colony Public Library by the Texas Municipal Library Directors Association. (Charters) Suggested Action: Attachments: 5 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Megan Charters Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive a presentation from the Library regarding volunteer recognition and presentation of the James W. Althaus Volunteer of the Year Award. (Charters) Suggested Action: Attachments: 6 Agenda Item No:1.8 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 7 Agenda Item No:1.9 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Presentation Agenda Section: Subject: Receive a presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 8 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to staff regarding the 2023 City Council Retreat. (Miller) Suggested Action: Attachments: 9 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 10 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from February 7, 2023. (Stewart) Suggested Action: Attachments: February 7, 2023 DRAFT Minutes.docx 11 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 FEBRUARY 7, 2023 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:43 p.m. on the 7 th day of February 2023, 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, Mayor Pro Tem David Terre, Councilmember Perry Schrag, Deputy Mayor Pro Tem Joel Marks, Councilmember Present Present Present Present Present Present Present And with 7 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 6:43 p.m. 1.2 Invocation Reverend Jarvis Johnson with Friendship Baptist 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 Parks and Recreation regarding upcoming events and activities. Special Events Supervisor, Lindsey Stansell, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT Chris Palazzi, 3017 Aberdeen Drive, expressed concerns with property taxes in the area. 12 City Council – Regular Meeting Agenda February 7, 2023 Page| 2 3.0 WORK SESSION 3.1 Receive presentation from Communications/Convention & Visitors Bureau regarding The Colony Culture Video Series. Tourism & Visitors Bureau Manager, Mariko Lanicek and Communications Director, Blaine Crimmins gave a presentation on this item. 3.2 Discuss and provide direction to staff regarding replacement of the City’s interactive voice response (IVR) system to include a discussion on customer fee charges for the use of IVR services for payment of utility bills. IT Director, Chris Cuellar and Director of Customer Services, Molly Owczar presented this item to Council. Council provided discussion and directed staff to include fees to customers’ bills. 3.3 Council to provide direction to staff regarding future agenda items. None. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Marks; second by Ensweiler, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from January 17, 2023. 4.2 Consider approving Council expenditures for December 2022. 4.3 Consider approving Patrick Patterson's resignation from the Technologies Board. 4.4 Consider approving a resolution authorizing the City Manager to execute a contract with JPMorgan Chase Bank for the City's bank depository services. RESOLUTION NO. 2023-012 4.5 Accept the Notice of the expenditure of Police Seized Funds for Jail Camera Project. 4.6 Consider approving a resolution authorizing the City Manager to issue a purchase order to Forge Fire & Company in the amount of $441,100.00 for the construction and placement of a modular fire training complex at the training yard located at 1 Harris Plaza. 13 City Council – Regular Meeting Agenda February 7, 2023 Page| 3 RESOLUTION NO. 2023-013 4.7 Consider approving a resolution authorizing the City Manager to reject a bid in the amount of $297,904.00 with Quality Excavation, Ltd. for the Paige Road/Plano Parkway and Sam Rayburn Tollway (SRT) Left Turn Lanes Project. RESOLUTION NO. 2023-014 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider an ordinance approving the Site Plan application of “Fritz’s Adventure,” an approximately 46,494 square-foot indoor/outdoor amusement facility within Lot 2, Block C of the Grandscape. The subject site contains approximately 3.939 acres, and is located southwest and adjacent to the Diverging Diamond Interchange (DDI) of Grandscape in the NFM-Grandscape Planned Development (PD25). Director of Planning, Isaac Williams, presented this item to Council. Representative Matt Engram gave background information on Fritz Adventure and answered questions from Council. Motion to approve – Holtz; second by Wade, motion carried with all ayes. ORDINANCE NO. 2023-2501 5.2 Discuss and consider approving an ordinance authorizing the City Manager to approve a budget amendment to increase the approved Fiscal Year 2022-2023 General Fund Balance in the amount of $1,102,000.00 for the construction of the Shoal Creek Dr. and Stewart Creek Golf Course Drainage Project. Director of Engineering, Ron Hartline, presented the proposed budget amendment to Council. Motion to approve the budget amendment to increase the Stormwater Utility Fund as presented– Schrag; second by Ensweiler, motion carried with all ayes. ORDINANCE NO. 2023-2502 Executive Session was convened at 8:00 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 14 City Council – Regular Meeting Agenda February 7, 2023 Page| 4 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 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. 08-22- 00214-CV, 8th Court of Appeals, El Paso, Texas. Regular Session was reconvened at 8:55 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s) No Action B. Any action as a result of executive session regarding pending litigation: City of The Colony, The Colony Hotel Development Corporation v. Ken Paxton, Attorney General of Texas, Glenn Hegar, Comptroller of Public Accounts of State of Texas, Cause No. 08-22-00214-CV, 8th Court of Appeals, El Paso, Texas. No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:55 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 15 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a renewal contract for services and designating the Dallas Morning News as the city's official newspaper. (Stewart) Suggested Action: Attachments: Res. 2023-xxx Dallas Morning News Official Newspaper.doc 16 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - ________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, DESIGNATING THE DALLAS MORNING NEWS, AS THE OFFICIAL NEWSPAPER FOR THE CITY; PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Local Government Code, Section 52.004, requires the governing body of a municipality to annually designate a public newspaper of the city as the official newspaper for official publications; and WHEREAS,The Colony City Council finds that the Dallas Morning News is a publication that meets the criteria legally required of an officially designated newspaper as stated by the Texas Government Code Section 2051.044. 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 designates the Dallas Morning News as the official newspaper of the City of The Colony for publication of ordinances, public notices and other matters required by the state law. Section 2.The City Manager is hereby authorized to execute a contract with the Dallas Morning News for the period of March 1, 2023 through February 29, 2024. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 21ST DAY OF FEBRUARY 2023. ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 17 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor and/or City Manager to execute a Real Estate Sales Contract and any and all documents necessary to acquire from the Lewisville Independent School District an approximately 20.738-acre tract of land situated in the J. Sparks Survey, Abstract No. 1179, and the R. Dunlap Survey, Abstract No. 352, City of The Colony. (Shallenburger) Suggested Action: Attachments: Real Estate Sales Contract.pdf Res. 2023-xxx Real Estate Contract.docx 18 Real Estate Sales Contract This Real Estate Sales Contract (the “Contract”) to buy and sell real property is between Seller and Buyer as identified below and is effective on the date (“Effective Date”) of the last of the signatures by Seller and Buyer as parties to this contract and by Title Company to acknowledge receipt of this signed Contract. Seller: Lewisville Independent School District A Texas political subdivision Address: P.O. Box 217 Lewisville, Texas 75067-0217 Phone: Fax: E-mail: Seller’s Attorney: Abernathy, Roeder, Boyd & Hullett, P.C. Attn: Chris Zillmer Address: 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Phone: (214) 544-4046 Fax: E-mail: czillmer @abernathy-law.com Buyer: City of The Colony, Texas A Texas home-rule municipality Address: 6800 Main Street The Colony, Texas 75056 Attn: Troy C. Powell, City Manager Phone: (972) 624-3102 Fax: (972) 624-2312 E-mail: tpowell@thecolonytx.gov Buyer’s Attorney: Jeffrey L. Moore Address: Brown and Hofmeister, L.L.P. 740 E. Campbell Road, Suite 800 Richardson, Texas 75081 Phone: (214) 747-6100 Fax: (214) 747-6111 19 Page 2 of 21 E-mail: jmoore@bhlaw.net Property: Being an approximately 20.738-acre tract of land in the J. Sparks Survey, Abstract No. 1179, and the R. Dunlap Survey, Abstract No. 352, City of The Colony, Denton County, Texas, and more fully described and depicted in Exhibit A (“Land”), together with improvements to the Land (“Improvements”), and all and singular, the rights, benefits, privileges, easements, hereditaments, appurtenances, buildings, and other interests located thereon or in anywise appertaining thereto. Title Company: Reunion Title Attn: Kathy Ruiz Address: 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Phone: (214) 544-4014 Fax: (214) 544-4044 E-mail: jmiller@reuniontitle.com Total Purchase Price: Six Million Nine Hundred Thousand and No/100 Dollars ($6,900,000.00) + Three Hundred Eighty-Five Thousand One Hundred Sixty-Three and No/100 Dollars ($385,163.00) in interest for a total of Seven Million Two Hundred Eighty-Five Thousand One Hundred Sixty-Three and No/100 Dollars ($7,285,163.00) Cash Portion: Seven Hundred Eighteen Thousand Five Hundred Sixteen and 30/100 Dollars ($718,516.30) plus Earnest Money Financing: Nine (9) years at 1.00% interest, equaling nine (9) additional annual payments of Seven Hundred Twenty-Eight Thousand Five Hundred Sixteen and 30/100 Dollars ($728,516.30) per year Promissory Note: A promissory note setting forth the Financing terms set forth above, obligating Buyer to pay the full amount of the financed portion o f the Purchase Price set forth herein, which shall be secured by a sinking fund, as described below. Sinking Fund: Buyer shall pass an ordinance prior to Closing approving and establishing a sinking fund to secure payment of the Promissory Note, and provide documentation at or prior to Closing demonstrating that such Sinking Fund has been established. Earnest Money: Ten Thousand and No/100 Dollars ($10,000.00) County for Performance: Denton County, Texas 20 Page 3 of 21 A. Deadlines and Other Dates All deadlines in t his Contract expire at 5:00 P.M. local time where the Property is located. If a deadline falls on a Saturday, Sunday, or national holiday, the deadline will be extended to the next day that is not a Saturday, Sunday, or national holiday. A national holiday is a holiday designated by the federal government. Time is of the essence. 1. Earnest Money Deadline: Five (5) days after the Effective Date. 2. Delivery of Title Commitment: Thirty (30) days after the Effective Date. 3. Delivery of Survey: The Survey has been delivered to Buyer, a copy of which is attached hereto. 4. Delivery of legible copies of instruments referenced in the Title Commitment and Survey: Thirty (30) days after the Effective Date. 5. Delivery of Title Objections: Fifteen (15) days aft er delivery of the Title Commitment, Survey, and legible copies of the instruments referenced in them. 6. Delivery of Seller’s records as specified in Exhibit B: Fifteen (15) days after the Effective Date. 7. End of Inspection Period: Ninety (90) days after the Effective Date 8. Additional Earnest Money Deadline: N/A 9. Closing Date: Thirty (30) days after the end of the Inspection Period 10. Closing Time: 10:00 a.m. [CST] B. Closing Documents 1. At closing, Seller will deliver the following items: Special Warranty Deed Evidence of Seller’s authority to close this transaction All affidavits and other documents reasonably required by the Title Company 2. At closing, Buyer will deliver the following items: Purchase Price 21 Page 4 of 21 The Promissory Note Documentation acceptable to Seller that the Sinking Fund has been established. Evidence of Buyer’s authority to consummate this transaction All affidavits and other documents reasonably required by the Title Company The documents listed in this section B are collectively known as the “Closing Documents.” Unless otherwise agreed by the parties before closing, the deed may be prepared using the forms contained in the current edition of the Texas Real Estate Forms Manual (State Bar of Texas). C. Exhibits The following are attached to and are a part of this Contract: Exhibit A - Description of the Land Exhibit B - Seller’s Records D. Purchase and Sale of Property Seller agrees to sell and convey the Property to Buyer, and Buyer agrees to buy and pay Seller for the Property. The promises by Buyer and Seller stated in this Contract are the consideration for the formation of this Contract. Both Seller and Buyer are political subdivisions of the State of Texas. In accordance with Section 272.001 of the Texas Local Government Code and CBD(LEGAL) of Seller’s Board of Trustees’ Policy, a political subdivision may sell, for less than fair market value and without complying with statutory notice and bidding requirements, a designated parcel of land to another political subdivisions if: (1) the Property abuts property owned by the political subdivision to whom the Property is to be sold; and (2) the Property is conveyed to a political subdivision that has the power of eminent domain. Buyer and Seller acknowledge and agree that: (1) the Property abuts property owned by Buyer; and (2) the Buyer is a political subdivision that has the power of eminent domain. Accordingly, Se ller is legally authorized to sell the Property to Buyer for less than fair market value and without complying with statutory notice and bidding requirements set forth in Section 272.001 of the Texas Local Government Code and CBD(LEGAL) of Seller’s Board o f Trustees’ Policy. 22 Page 5 of 21 E. Interest on Earnest Money Buyer may direct Title Company to invest the Earnest Money in an interest -bearing account in a federally insured financial institution by giving notice to Title Company and satisfying Title Company’s requirements for investing the Earnest Money in an interest -bearing account. Any interest earned on the Earnest Money will be paid to the party that becomes entitled to the Earnest Money. F. Title and Survey 1. Review of Title. The following statutory not ice is provided to Buyer on behalf of the real estate licensees, if any, involved in this transaction: Buyer is advised that it should either have the abstract covering the Property examined by an attorney of Buyer’s own selection or be furnished with or o btain a policy of title insurance. 2. Title Commitment; Title Policy. “Title Commitment” means a Commitment for Issuance of an Owner Policy of Title Insurance by Title Company stating the condition of title to the Land. The “effective date” stated in the Title Commitment must be after the Effective Date of this Contract. “Title Policy” means an Owner Policy of Title Insurance issued by Title Company in conformity with the last Title Commitment delivered to and approved by Buyer. 3. Survey. “Survey” means Seller’s existing on-the-ground, staked plat of survey and metes-and-bounds description of the Land, a copy of which has been delivered to Buyer and is also attached to this Contract. 4. Delivery of Title Commitment, Survey, and Legible Copies. Seller must deliver the Title Commitment to Buyer by the deadline stated in section A.2.; and legible copies of the instruments referenced in the Title Commitment and Survey by the deadline stated in section A.4. Seller has already delivered the Survey to Buyer . Seller will execute an appropriate survey affidavit acceptable to the Title Company. If the Survey needs to be updated or modified, or if Buyer determines that a new survey is required, then Buyer may obtain such updated, modified, or new survey at Buyer’s expense. 5. Title Objections. Buyer has until the deadline stated in section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s object ions to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey, and Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Buyer notifies Seller of any Title Objections, Seller has five (5) days from receipt of Buyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before closing (“Cure Notice ”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before closing, Buyer may, within five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligations to resolve the items listed in Schedule C of the Title Commitment, remove the liquidated liens, remove all exceptions that arise after the 23 Page 6 of 21 Effective Dat e, and cure only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that aris e after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure. G. Inspection Period 1. Review of Seller’s Records. Seller will deliver to Buyer copies of Seller’s records specified in Exhibit B, or otherwise make those records available for Buyer’s review, to the extent in Seller’s possession, by the deadline stated in section A.6. 2. Entry onto the Property. Buyer may enter the Property before closing to inspect it, subject to the following: a. Buyer must deliver evidence to Seller that Buyer has insurance for its proposed inspection activities, in amounts and with coverages that are substantially the same as those maintained by Seller or in such lesser amounts or with such lesser coverages as are reasonably satisfactory to Seller, with Seller being named as an additional insured under any such insurance; b. Buyer may not interfere in any material manner with existing operations or occupants of the Property; c. Buyer must notify Seller in advance of Buyer’s plans to conduct tests so that Seller may be present during the tests; d. if the Property is materially altered because of Buyer’s inspections, Buyer must return the Property to substantially its preinspection condition promptly after such alteration occurs; e. Buyer must deliver to Seller copies of all inspection reports that Buyer prepares or receives from third-party consultants or contractors within three (3) days after their preparation or receipt; and f. Buyer must abide by any other reasonable e ntry rules imposed by Seller. 3. Buyer’s Right to Terminate. Buyer may terminate this Contract for any reason by notifying Seller before the end of the Inspection Period. H. Representations The following representations and warranties by Seller are true and correct as of the Effective Date and on the Closing Date: 24 Page 7 of 21 1. No Actions. There are no (i) claims, actions, suits, condemnation actions or other proceedings pending or, to the actual knowledge of Seller, threatened by any entity against Seller or the Property, (ii) approvals, permits, easements, rights-of-way, zoning changes, uses or rights relating to the Property that have been denied, or to the actual knowledge of Seller may be denied, by any governmental department or agency, and (iii) violatio ns of any law, statute, government regulation or requirement applicable to the Property or Buyer to the actual knowledge of Seller. 2. No Consents; No Contracts. Seller has obtained all consents, and has given all notices, which are required in connection with the execution and delivery of this Contract and the consummation of the transaction contemplated herein. There are no contracts or obligations relating to the Property which will be binding on the Property or on Buyer after closing. 3. Condition of Property. Prior to closing, Seller shall maintain the Property in the same condition and state of repair as of the Effective Date, normal wear and tear excepted. 4. No Adverse Claims. To the actual knowledge of Seller, there exist no adverse claims by any person or persons (including but not limited to adjoining property owners) and no encroachments with respect to the Property, and all fences and walls located on the Property are within the Property boundaries. 5. Information. All written information, schedules and documents delivered by Seller to Buyer are complete, and to the actual knowledge of Seller, are true and accurate and do not contain any untrue statements or omit to state any material fact necessary in order to make the statements contained herein and therein not misleading. There is no fact known to Seller which materially adversely affects the Property which has not been disclosed in writing to Buyer. There exist no agreements of sale, leases, occupancy agreements, rights of first refusal, options to purchase, maintenance agreements or similar documents in any manner pertaining to the Property except as have been disclosed by Seller to Buyer. 6. No Defaults. There are currently no defaults under any existing agreement for sale, note indebtedness, indenture, loan agreement, deed of trust, mortgage, assignment of rents, security agreement or other agreement in any manner pertaining to the Property. 7. Ownership of Property. Seller is the owner of good and marketable title to the Property and has full power and authority to enter into and perform this Contract in accordance with its terms. 8. Authority to Bind. The individual executing this Contract on behalf of Seller is authorized to do so and, upon executing this Contract, this Contract shall be binding and enforceable upon Seller in accordance with its terms. 9. Hazardous Materials. To the current actual knowledge of Seller, the Property has been and is in compliance with all applicable environmental laws. To the current actual knowledge of Seller, there has been no and there currently is no generation, location, transportation, storage, treatment, discharge, disposal or release upon, in or under the Property of any hazardous materials or pollutants subject to regulation under the Resource Conservation and Recovery Act (as amended by the Hazardous and Solid Waste Amendments of 1984), the Comprehensive Environmental 25 Page 8 of 21 Response, Compensation and Liability Act (as amended by the Superfund Amendments and Reauthorization Act of 1986), or any other applicable Federal, St ate or local environmental protection law or regulation. 10. No Flood Hazards. No portion of the Property is located in an area identified as an area having special flood hazards. Seller further represents that no areas within the Property must be set aside for retention, “green belt”, open space or drainage, or for a park, school or other use required by any governmental entity, and that no portion of the Property is included in or subject to any existing or proposed improvement district. 11. Compliance with Governmental Regulations. The Property is being operated in conformity with applicable licenses, permits, laws and regulations (including, but not limited to, zoning regulations and building and fire codes). 12. AS IS. IT IS UNDERSTOOD AND AGREED THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT, AND EXCEPT FOR THE WARRANTY OF TITLE CONTAINED IN THE DEED, (A) THE PROPERTY IS SOLD BY SELLER AND PURCHASED AND ACCEPTED BY BUYER ON AN "AS IS," "WHERE IS" AND "WITH ALL FAULTS" BASIS, SUBJECT TO ANY CONDITION WHICH MAY EXIST, AND WITHOUT THE EXISTENCE OF AND WITHOUT RELIANCE UPON ANY REPRESENTATION, WARRANTY, AGREEMENT, OR STATEMENT BY SELLER, OR ANYONE ACTING ON BEHALF OF SELLER, INCLUDING, WITHOUT LIMITATION, ANY BROKER, ENGINEER, ARCHITECT, ATTORNEY, SURVEYOR, APP RAISER, OR ENVIRONMENTAL CONSULTANT; (B) BUYER HAS OR WILL HAVE, PRIOR TO THE CLOSING, THOROUGHLY INSPECTED AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY BUYER IN ORDER TO ENABLE BUYER TO EVALUATE THE PURCHASE OF THE PROPERTY ON THE FOREGOING BASIS; (C) BUYER IS RELYING SOLELY UPON SUCH INSPECTIONS, EXAMINATION, AND EVALUATION OF THE PROPERTY BY BUYER IN PURCHASING THE PROPERTY ON AN "AS IS", "WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATION, WARRANTY, AGREEMENT OR STATEMENT BY SE LLER OR ANYONE ACTING ON BEHALF OF SELLER, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, OTHER THAN THE WARRANTY OF TITLE CONTAINED IN THE DEED; AND (D) BUYER HEREBY ASSUMES THE RISK THAT ENVIRONMENTAL CONDITIONS (AS DEFINED HEREIN) MAY EXIST ON THE PROPERTY AND HEREBY RELEASES SELLER OF AND FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, DAMAGES, COSTS OR EXPENSES (COLLECTIVELY THE "CLAIMS") WHICH MIGHT ARISE OUT OF OR IN CONNECTION WITH THE ENVIRONMENTAL CONDITION OF THE PROPERTY. AS USED HEREIN, THE TERM "ENVIRONMENTAL CONDITION" SHALL MEAN ANY CONDITION WITH RESPECT TO THE PROPERTY WHICH COULD OR DOES RESULT IN ANY CLAIM AGAINST THE OWNER OF THE PROPERTY BY ANY THIRD PARTY (INCLUDING ANY GOVERNMENTAL ENTITY) UNDER (1) THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, 42 U.S.C. § 9601 ET SEQ., (2) THE RESOURCE CONSERVATION AND RECOVERY ACT, 42 U.S.C. § 6901 ET SEQ., (3) THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. § 2601 ET SEQ., (4) THE OIL POLLUTION ACT, 33 U.S.C. § 2701 ET SEQ., (5) THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. § 2601 ET SEQ., (6) THE CLEAN WATER ACT, 26 Page 9 of 21 33 U.S.C. § 1251 ET SEQ., (7) THE CLEAN AIR ACT, 42 U.S.C. § 7401 ET SEQ., (8) THE HAZARDOUS MATERIALS TRANSPORTATION ACT, 49 U.S.C. § 1801 ET SEQ., (9) THE OCCUPATIONAL SAFETY AND HEALTH ACT, 29 U.S.C. § 651 ET SEQ., (10) THE TEXAS SOLID WASTE DISPOSAL ACT, TEX. HEALTH & SAFETY CODE ANN. §361, ET SEQ., AND/OR (11) SIMILAR STATE AND LOCAL LAWS, NOW OR HEREAFTER EXISTING, ALL AS AMENDED FROM TIME TO TIME, AND ALL REGULATIONS, RULES AND GUIDANCE ISSUED PURSUANT THERETO, INCLUDING, WITHOUT LIMITATION, ANY CONDITION RESULTING FROM OPERATIONS CONDUCTED ON THE PROPERTY OR ON PROPERTY ADJACENT THERETO. SELLER SHALL NOT HAVE (AND BUYER WAIVES) ANY OBLIGATION TO DISCLOSE FACTS REGARDING THE PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL CONDITION AFFECTING THE PROPERTY), REGARDLESS OF WHETHER SUCH FACTS ARE DISCOVERABLE BY THE BUYER. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE CLOSING OR ANY TERMINATION HEREOF AND SHALL BE CONTAINED IN THE DEED. I. Condition of the Property until Closing; Cooperation; No Recording of Contract 1. Maintenance and Operation. Until closing, Seller will (a) maintain the Property as it existed on the Effective Date, except for reasonable wear and tear and subject to Section I (2) below; (b) operate the Property in the same manner as it was operated on the Effective Date; and (c) comply with all contracts and governmental regulations affecting the Property. Until the end of the Inspection Period, Seller will not enter into, amend, or terminate any contract that affects the Property other than in the ordinary course of operating the Property and will promptly give notice to Buyer of each new, amended, or terminated contract, inc luding a copy of the contract, in sufficient time so that Buyer may consider the new information before the end of the Inspection Period. After the end of the Inspection Period, Buyer may terminate this Contract if Seller enters into, amends, or terminates any contract that affects the Property without first obtaining Buyer’s written consent. Seller shall terminate all contracts affecting the Property effective as of closing, unless Buyer elects in writing to assume any such contracts. 2. Casualty Damage. Seller will notify Buyer promptly after discovery of any casualty damage to the Property. Buyer may terminate this Contract if the casualty damage that occurs before closing would materially affect the value of the Property or Buyer’s intended use of the Property, by giving notice to Seller within fifteen (15) days after receipt of Seller’s notice of the casualty (or before closing if Seller’s notice of the casualty is received less than fifteen (15) days before closing). If Buyer does not terminate this Contract, Seller will (a) convey the Property to Buyer in its damaged condition, (b) assign to Buyer all of Seller’s rights and proceeds under any property insurance policies covering the Property, and (c) pay to Buyer the amount of the deductibles and coinsurance provisions under any insurance policies covering the Property, but not in excess of the cost to repair the casualty damage and less any amounts previously paid by Seller to repair the Property. If Seller has not insured the Property and Buyer does not elect to terminate this Contract in accordance with this section, the Purchase Price will be reduced by the cost to repair the casualty damage. 3. Condemnation. Seller will notify Buyer promptly after Seller receives notice that 27 Page 10 of 21 any part of the Property has been or is threatened to be condemned or otherwise taken by a governmental or quasi-governmental authority. Buyer may terminate this Contract if the condemnation would materially affect the value of the Property or Buyer’s intended use of the Property by giving notice to Seller within fifteen (15) days after receipt of Seller’s notice to Buyer (or before closing if Seller’s notice is received less than fifteen (15) days before closing). The condemnation will be deemed to materially affect Buyer’s intended use of the Property. If Buyer does not terminate this Contract, (a) Buyer and Seller will each have the right to appear and defend their respective interests in the Property in the condemnation proceedings, (b) any award in condemnation will be assigned to Buyer, (c) if the taking occurs before closing, the description of the Property will be revised to delete the portion taken, and (d) no change in the Purchase Price will be made. 4. Claims; Hearings. Seller will notify Buyer promptly of any claim or administrative hearing that is threatened, filed, or initiated before closing that involves or directly affects the Property. 5. Cooperation. Seller will cooperate with Buyer (a) before and after closing, to transfer the applications, permits, and licenses held by Seller and used in the operation of the Property and to obtain any consents necessary for Buyer to operate the Property after closing and (b) before closing, with any reasonable evaluation, inspection, audit, or study of the Property prepared by, for, or at the request of Buyer, provided, however, that Seller shall not be required to incur any expense in cooperating with Buyer pursuant to this Section I (5). J. Termination 1. Disposition of Earnest Money after Termination a. To Buyer. If Buyer terminates this Contract in accordance with any of Buyer’s rights to terminate other than upon a default by Seller, Buyer will authorize Title Company to deliver to Seller the Earnest Money on deposit with the Title Company at the time of termination, which will be paid to Seller as consideration for the right granted by Seller to Buyer to terminate this Contract. b. To Seller. If Seller terminates this Contract in accordance with any of Seller’s rights to terminate other than upon a default by Buyer, Seller will authorize Title Company to pay and deliver to Buyer the Earnest Money on deposit with the Title Company at the time of termination. K. Conditions Precedent. Closing is subject to the satisfaction or waiver of the conditions precedent set forth below by Buyer, in writing, on or before the closing. 1. Title Insurance. The Title Company shall be unconditionally committed to issue at Buyer’s and Seller’s equal expense, immediately following the recording the Deed, the Title Policy. The T itle Company shall also be unconditionally committed to issue any endorsements requested by Buyer, at Buyer’s cost, to the extent such endorsements are available and reasonably 28 Page 11 of 21 approved by the Title Company’s underwriter. 2. Deposit of Documents and Funds. Seller shall have delivered the documents and funds required of it under Section L below. 3. Default. Seller shall not be in default under this Contract. 4. Seller’s Representations. Seller’s representations and warranties contained in this Contract shall be true and correct in all material respects as of closing. The conditions precedent set forth in this Section K are for Buyer’s benefit and can only be waived by Buyer. In the event any of the foregoing conditions precedent are neither satisfi ed nor waived by Buyer on or before closing, Buyer may terminate this Contract by giving written notice of termination to Seller and Title Company at any time prior to closing, in which event this Contract shall terminate, and Buyer shall have no further o bligations or liabilities hereunder except those that survive termination of this Contract. The failure of Seller to satisfy one or more of the conditions precedent set forth above shall constitute a default under this Contract. L. Closing 1. Closing. This transaction will close at Title Company’s offices at the Closing Date and Closing Time. At closing, the following will occur: a. Closing Documents. The parties will execute and deliver the Closing Documents. b. Payment of Purchase Price. Buyer will deliver the Purchase Price and any other amounts that Buyer is obligated to pay under this Contract to Title Company in funds acceptable to Title Company. The Earnest Money and all interest accrued thereon will be applied to the Cash Portion of the Purchase Price. c. Disbursement of Funds; Recording; Copies. Title Company will disburse the Purchase Price and other funds in accordance with this Contract, record the deed and the other Closing Documents directed to be recorded, and distribute documents and copies in accordance with the parties’ written instructions. d. Delivery of Originals. Seller will deliver to Buyer the originals of Seller’s Records. e. Possession. Seller will deliver possession of the Property to Buyer. 2. Transaction Costs a. Seller’s Costs. Seller will pay one-half of the basic charge for the Title 29 Page 12 of 21 Policy; one-half of the escrow fee charged by Title Company; the costs to prepare the deed; the costs to obtain, deliver, and record releases of all liens to be released at closing; the costs to record all documents to cure Title Objections agreed to be cured by Seller; and any certificates or reports of ad valorem taxes; the costs to deliver copies of the instruments described in section A.4.; and Seller’s expenses and attorney’s fees. b. Buyer’s Costs. Buyer will pay one-half of the basic charge for the Title Policy; one-half of the escrow fee charged by Title Company; the costs to obtain, deliver, and record all documents other than those to be recorded at Seller’s expense; the additional premiums for additions or deletions in the Title Policy, if requested by Buyer; the costs to obtain the Survey and the costs of work required by Buyer to have the survey reflect matters other than those required under this Contract; and Buyer’s expenses and attorney’s fees. c. Brokers’ Commissions. N/A 3. Issuance of Title Policy. Seller will cause Title Company to issue the Title Policy to Buyer as soon as practicable after closing. 4. Prorations. The parties acknowledge and agree that Seller and Buyer are both tax exempt entities and that no taxes or assessments will be collected or prorated at closing. M. Default and Remedies 1. Seller’s Default. If Seller fails to perform any of its obligations under this Contract or if any of Seller’s representations is not true and correct as of the Effective Date or on the Closing Date (“Seller’s Default”), Buyer may elect either of the following as its sole and exclusive remedy: a. Termination; Liquidated Damages. Buyer may terminate this Contract by giving notice to Seller on or before the Closing Date and Closing Time and have the Earnest Money returned to Buyer. b. Specific Performance. Unless Seller’s Default relates to the untruth or incorrectness of Seller’s representations for reasons not reasonably within Seller’s control, Buyer may enforce specific performance of Seller’s obligations under this Contract. If title to the Property is awarded to Buyer, the conveyance will be subject to the matters stated in the Title Commitment. 2. Buyer’s Default. If Buyer fails to perform any of its obligations under this Contract (“Buyer’s Default”), Seller may, as its sole and exclusive remedy, t erminate this Contract by giving notice to Buyer on or before the Closing Date and Closing Time and have the Earnest Money paid to Seller as liquidated damages. 30 Page 13 of 21 3. Attorney’s Fees. If either party retains an attorney to enforce this Contract, the party prevailing in litigation is entitled to recover reasonable attorney’s fees and court and other costs. N. Miscellaneous Provisions 1. Notices. Any notice required by or permitted under this Contract must be in writing. Any notice required by this Contr act will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Cont ract. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, electronic mail, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by writ ten notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. 2. Entire Contract. This Contract, together with its exhibits, and any Closing Documents delivered at closing constitute the entire agreement of the parties concerning the sale of the Property by Seller to Buyer. There are no oral representations, warranties, agreements, or promises pertaining to the sale of the Property by Seller to Buyer not incorpo rated in writing in this Contract. 3. Amendment. This Contract may be amended only by an instrument in writing signed by the parties. 4. Prohibition of Assignment. Buyer may not assign this Contract or any of Buyer’s rights under it without Seller’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. This Contract binds, benefits, and may be enforced by the parties and their respective heirs, successors, and permitted assigns. 5. Survival. The obligations of this Contract that cannot be performed before termination of this Contract or before closing will survive termination of this Contract or closing, and the legal doctrine of merger will not apply to these matters. If there is any conflict between t he Closing Documents and this Contract, the Closing Documents will control. 6. Choice of Law; Venue; Alternative Dispute Resolution. This Contract will be construed under the laws of the state of Texas, without regard to choice -of-law rules of any jurisdiction. Venue is in Denton County. Time permitting, the parties will submit in good faith to an alternative dispute resolution process before filing a suit concerning this Contract. 7. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare immediately a default or delays taking any action with respect to the default. 8. No Third-Party Beneficiaries. There are no third-party beneficiaries of this Contract. 9. Severability. The provisions of this Contract are severable. If a court of competent 31 Page 14 of 21 jurisdiction finds that any provision of this Contract is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. 10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting this Contract. 11. No Special Relationship. The parties’ relationship is an ordinary commercial relat ionship, and they do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special relationship. 12. Counterparts. If this Contract is executed in multiple counterparts, all counterparts taken together will constitute this Contract. O. Special Provisions 1. This Contract is subject to the approval of the City Council of the City of The Colony, Texas. 2. This Contract is subject to the approval of the Board of Trustees of the Lewisville Independent School District. [The Remainder of this Page Intentionally Left Blank] 32 Page 15 of 21 BUYER: CITY OF THE COLONY, TEXAS A Texas home-rule municipality _________________________________________ Richard Boyer, Mayor Date: ATTEST: Tina Stewart, City Secretary SELLER: LEWISVILLE INDEPENDENT SCHOOL DISTRICT, A Texas political subdivision _________________________________________ Dr. Lori Rapp, Superintendent Date: Title Company acknowledges receipt of this Contract executed by both Buyer and Seller. TITLE COMPANY: By: Name: Title: Date: 33 Page 16 of 21 Exhibit A Description of the Land The following described real property: Being an approximately 20.738-acre tract of land in the J. Sparks Survey, Abstract No. 1179, and the R. Dunlap Survey, Abstract No. 352, City of The Colony, Denton County, Texas, as further depicted in this Exhibit A, 34 Page 17 of 21 35 Page 18 of 21 36 Page 19 of 21 37 Page 20 of 21 38 Page 21 of 21 Exhibit B Seller’s Records To the extent that Seller has possession of the following items pertaining to the Property, Seller will deliver or make the items or copies of them available to Buyer by the deadline stated in section A.6.: Land soil reports environmental reports prior surveys site plans any leases 39 CITY OF THE COLONY, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT AND ANY AND ALL DOCUMENTS NECESSARY FOR THE ACQUISITION OF AN APPROXIMATELY 20.738-ACRE TRACT OF LAND, LOCATED IN THE J. SPARKS SURVEY, ABSTRACT NO. 1179 AND THE R. DUNLAP SURVEY, ABSTRACT NO. 352, CITY OF THE COLONY, DENTON COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS,the City Council of the City of The Colony, Texas, a Texas home-rule municipality (hereinafter referred to as the “City”) authorizes the Mayor and/or City Manager to execute the real estate sales contract, attached hereto as Exhibit A of this Resolution, and any and all closing documents necessary for the acquisition of the approximately 20.738-acre tract of land in the J. Sparks Survey, Abstract No. 1179, and the R. Dunlap Survey, Abstract No. 352, located within the City of The Colony, Denton County, Texas (hereinafter referred to as the “Property”). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1. The findings set forth above are hereby found to be true and correct findings of the City and are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2.The City Council of the City of The Colony, Texas, does hereby approve and authorize the Mayor and/or City Manager to execute the Real Estate Sales Contract with Lewisville Independent School District, a Texas political subdivision, a copy of which is attached hereto as Exhibit A, concerning the acquisition of the Property. SECTION 3.The City Council of the City of The Colony, Texas, does hereby approve and authorize the Mayor and/or City Manager to execute any and all documents necessary for the acquisition of the Property consistent with the terms of said Real Estate Sales Contract. SECTION 4.If any section, article paragraph, sentence, clause, phrase or word in this Resolution, or application thereto to any persons or circumstances, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the City Council hereby declares it would have passed such remaining portions of this Resolution despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. This Resolution shall become effective immediately upon passage. 40 Page 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 21st day of FEBRUARY, 2023. Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________________ Jeffrey L. Moore, City Attorney 41 Exhibit A Real Estate Sales Contract 42 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Ordinance Agenda Section: Subject: Consider approving an ordinance establishing a Sinking Fund for the funding of the Real Estate Sales Contract and any and all related closing documents for the purchase from the Lewisville Independent School District certain real property, to- wit: approximately 20.738-acre tract of land situated in the J. Sparks Survey, Abstract No. 1179, and the R. Dunlap Survey, Abstract No. 352, City of The Colony. (Shallenburger) Suggested Action: Attachments: Ord. 2023-XXXX Interest and Sinking Fund for LISD property acquisition.docx 43 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023 - ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ESTABLISHING A SINKING FUND FOR THE FUNDING OF THE REAL ESTATE SALES CONTRACT AND ANY AND ALL RELATED CLOSING DOCUMENTS FOR THE PURCHASE OF CERTAIN REAL PROPERTY FROM THE LEWISVILLE INDEPENDENT SCHOOL DISTRICT, TO WIT: APPROXIMATELY 20.738 ACRE TRACT OF LAND IN THE J. SPARKS SURVEY, ABSTRACT NO. 1179 AND THE R. DUNLAP SURVEY, ABSTRACT NO. 352, CITY OF THE COLONY, DENTON COUNTY, TEXAS; PROVIDING FOR THE LEVYING AND COLLECTION OF A SUFFICIENT TAX TO PAY THE INTEREST ON SUCH OBLIGATION; PLEDGING SUCH FOR THE PAYMENT OF SAID AMOUNT; CONTAINING OTHER INCIDENTAL AND RELATED MATTERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas (hereinafter referred to as the “City”), desires to purchase from the Lewisville Independent School District, a Texas political subdivision (hereinafter referred to as the “LISD”), an approximately 20.738-acre tract of land in the J. Sparks Survey, Abstract No. 1179 and the R. Dunlap Survey, Abstract No. 352, City of The Colony, Denton County, Texas (hereinafter referred to as the “Property”); and WHEREAS, on or about February 21, 2023, the City entered into a Real Estate Sales Contract (hereinafter referred to as the “Contract”) with the LISD for the purchase of the Property; and WHEREAS, the payment term of the Contract and related closing documents (hereinafter referred to as the “Property Acquisition Documents”) will extend beyond the present (2022-2023) fiscal year, and payments of the purchase price of the Property pursuant to the Property Acquisition Documents will extend for nine (9) years and terminate during the 2031-2032 fiscal year, on September 30, 2032; and WHEREAS, City acknowledges that pursuant to the provisions contained in Article XI, Sections 5 and 7 of the Texas Constitution, the City may not enter into unfunded debt, i.e., debt beyond the current fiscal year, for any purpose without creating a sinking fund of at least two percent (2%) of the amount of such debt for the payment of said debt; and WHEREAS, City further acknowledges at the time long-term debt is created, the City must provide for the assessment and collection on an annual basis of a sufficient sum of money for payments accruing during any subsequent budget year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: 44 SECTION 1. All the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. From and after the effective date of this Ordinance, the City’s Chief Financial Officer is hereby directed to create and maintain after the acquisition of the Property and through September 30, 2032, a Sinking Fund for the payment of the debt created by such Contract and Property Acquisition Documents. The Sinking Fund shall consist of two percent (2%) of the Purchase Price which includes interest in the amount of Six Million Five Hundred Sixty-Six Thousand Six Hundred Forty-Six and 70/100 Dollars ($6,566,646.70)through September 30, 2032, as reflected Contract and any and all Property Acquisition Documents concerning the acquisition of the Property. SECTION 3. The proceeds placed into the Sinking Fund, for the current fiscal year (2022- 2023) and succeeding fiscal years shall be from the City’s ad valorem tax, and there shall be annually assessed and collected in due time, form and manner, a direct and continuing ad valorem tax on all taxable property within the corporate limits of the City at a rate from year to year, within the limitations prescribed by law, on each one hundred dollars’ valuation of taxable property as will be sufficient to provide funds to satisfy any obligations under the Property Acquisition Documents concerning the acquisition of the Property during any budget year. SECTION 4. The City’s Chief Financial Officer shall keep and maintain all records relating to the Sinking Fund and all such other related documentation and accounts, and is hereby authorized and instructed to maintain all funds necessary in the Sinking Fund to prevent the creation, at any time, of an unconstitutional debt in the terms, conditions, or administration of the Property Acquisition Documents. SECTION 5. All ordinances, orders or resolutions heretofore passed and adopted by the City Council of the City of The Colony, Texas, are hereby repealed to the extent that said ordinances, orders or resolutions, or parts thereof, are in conflict herewith. SECTION 6. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, and further declares that such remaining portions shall remain in full force and effect. SECTION 7. This Ordinance shall take effect and be in full force from and after its passage, as provided by state statute and the Code of Ordinances of the City of The Colony, Texas. 45 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 21st day of FEBRUARY, 2023. Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 46 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Consider approving a resolution approving a Type A economic development project and Performance Agreement by and between The Colony EDC and Tribute Lakeside Resort, L.P., and a related Consent to Collateral Assignment of Performance Agreement. (Samford) Suggested Action: Attachments: Res. 2023-xxx Type A Performance Agreement.docx 47 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING TYPE A ECONOMIC DEVELOPMENT PROJECT AND PERFORMANCE AGREEMENT BY AND BETWEEN THE COLONY ECONOMIC DEVELOPMENT CORPORATION AND TRIBUTE LAKESIDE RESORT, L.P., A TEXAS LIMITED PARTNERSHIP, AUTHORIZED PURSUANT TO SECTION 501.103 OF THE TEXAS LOCAL GOVERNMENT CODE; APPROVING A RELATED CONSENT TO ASSIGNMENT OF PERFORMANCE AGREEMENT; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, The Colony Economic Development Corporation (hereinafter referred to as the “EDC”) is a Type A economic development corporation, created pursuant to Chapter 504 of the Texas Local Government Code, as amended; and WHEREAS,Section 501.103 of the Texas Local Government Code, in pertinent part, defines the term “project” to mean “expenditures that are found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, limited to: (1) streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site improvements, and related improvements; (2) telecommunications and Internet improvements . . .”; and WHEREAS,EDC has approved a Performance Agreement with Tribute Lakeside Resort, L.P., a Texas limited partnership, and the Performance Agreement is attached hereto as Exhibit A; and WHEREAS,the City Council of the City of The Colony, Texas, finds and determines that the economic development assistance as specified in the Performance Agreement, attached hereto as Exhibit A, will promote new or expanded business development, and otherwise meets the definition of “project,” as that term is defined by Section 501.103 of the Texas Local Government Code, and approves the Performance Agreement attached hereto as Exhibit A, and approves a Consent to Collateral Assignment of Performance Agreement attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AS FOLLOWS: Section 1. That the foregoing recitals are hereby found to be true and correct findings of the City of The Colony, Texas, and are fully incorporated into the body of this Resolution. Section 2.That the City Council of the City of The Colony, Texas, finds and determines that the project and Performance Agreement, attached hereto as Exhibit A, will promote new and expanded business development, and is otherwise consistent with Section 501.103 of the Texas Local Government Code. 48 Section 3. That the City Council of the City of The Colony, Texas, authorizes and approves the Performance Agreement, attached hereto as Exhibit A. In addition, the City Council of the City of The Colony, Texas, authorizes and approves the Consent to Collateral Assignment of Performance Agreement attached hereto as Exhibit B. Section 4. That this Resolution shall become effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 21ST DAY OF FEBRUARY 2023. Richard Boyer, Mayor City of The Colony, Texas ATTEST: __________________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: __________________________________________ Jeffrey L. Moore, City Attorney 49 Exhibit A [Performance Agreement] 50 Exhibit B [Consent to Assignment of Performance Agreement] 51 Agenda Item No:4.6 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Consider approving a resolution approving a Type B economic development project and Performance Agreement by and between The Colony CDC and Tribute Lakeside Resort, L.P., and a related Consent to Collateral Assignment of Performance Agreement. (Shallenburger) Suggested Action: Attachments: Res. 2023-xxx Type B Perfomance Agreement.docx 52 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING TYPE B ECONOMIC DEVELOPMENT PROJECT AND PERFORMANCE AGREEMENT BY AND BETWEEN THE COLONY COMMUNITY DEVELOPMENT CORPORATION AND TRIBUTE LAKESIDE RESORT, L.P., A TEXAS LIMITED PARTNERSHIP, AUTHORIZED PURSUANT TO SECTIONS 501.103 AND 505.152 OF THE TEXAS LOCAL GOVERNMENT CODE; APPROVING A RELATED CONSENT TO ASSIGNMENT OF PERFORMANCE AGREEMENT; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, The Colony Community Development Corporation (hereinafter referred to as the “CDC”) is a Type B economic development corporation, created pursuant to Chapter 505 of the Texas Local Government Code, as amended; and WHEREAS,Section 501.103 of the Texas Local Government Code, in pertinent part, defines the term “project” to mean “expenditures that are found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, limited to: (1) streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site improvements, and related improvements; (2) telecommunications and Internet improvements . . .”; and WHEREAS,Section 505.152 of the Texas Local Government Code, in pertinent part, defines the term “project” to mean “land, buildings, equipment, facilities, and improvements found by the board of directors to be required or suitable for use for professional and amateur sports, including children’s sports, athletic, entertainment, tourist, convention, and public park purposes and events, including stadiums, ball parks, auditoriums, amphitheaters, concert halls, parks and park facilities, open space improvements, museums, exhibition facilities, and related store, restaurant, concession, and automobile parking facilities, related area transportation facilities, and related roads, streets, and water and sewer facilities, and other related improvements that enhance any of the items described by this section”; and WHEREAS,CDC hasapproved a Performance Agreement with Tribute Lakeside Resort, L.P., a Texas limited partnership, and the Performance Agreement is attached hereto as Exhibit A; and WHEREAS,the City Council of the City of The Colony, Texas, finds and determines that the economic development assistance as specified in the Performance Agreement, attached hereto as Exhibit A, will promote new or expanded business development, and otherwise meets the definition of “project,” as that term is defined by Sections 501.103 and 505.152 of the Texas Local Government Code, and approves the Performance Agreement attached hereto as Exhibit A, and approves a Consent to Collateral Assignment of Performance Agreement attached hereto as Exhibit B. 53 NOW, THEREFORE, BE IT RESOLVED BY THE CITYCOUNCIL OF THE CITY OF THE COLONY, TEXAS, AS FOLLOWS: Section 1. That the foregoing recitals are hereby found to be true and correct findings of the City of The Colony, Texas, and are fully incorporated into the body of this Resolution. Section 2.That the City Council of the City of The Colony, Texas, finds and determines that the project and Performance Agreement, attached hereto as Exhibit A, will promote new and expanded business development, and is otherwise consistent with Sections 501.103 and 505.152 of the Texas Local Government Code. Section 3. That the City Council of the City of The Colony, Texas, authorizes and approves the Performance Agreement, attached hereto as Exhibit A. In addition, the City Council of the City of The Colony, Texas, authorizes and approves the Consent to Collateral Assignment of Performance Agreement attached hereto as Exhibit B. Section 4. That this Resolution shall become effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 21ST DAY OF FEBRUARY 2023. Richard Boyer, Mayor City of The Colony, Texas ATTEST: __________________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: __________________________________________ Jeffrey L. Moore, City Attorney 54 Exhibit A [Performance Agreement] 55 Exhibit B [Consent to Assignment of Performance Agreement] 56 Agenda Item No:4.7 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute Contract Amendment #1 in the amount of $40,000.00 with Building Code Consulting Services, LLC. for additional Building Code and Energy Code Plan Review and Inspection Services. (Hartline) Suggested Action: Background: The city uses Building Code Consulting Services, LLC. (BCCS) to assist with Building Code and Energy Code Plan Reviews and Inspection services for development projects. Due to the increased development that is occurring in The Colony this year, additional services are needed from BCCS. Contract Amendment #1 will increase the contract funding for BCCS by $40,000.00 to a total contract amount of $89,000.00. Attachments: Contract Amendment 1 Res 2023-xxx Building Code Consulting Inc.doc 57 58 59 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE AMENDMENT OF A CONSULTANT’S CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND BUILDING CODE CONSULTING SERVICES, LLC, FOR ADDITIONAL SERVICES OF CONTRACT AMENDMENT NO. 1 FOR BUILDING CODE AND ENERGY CODE PLAN REVIEW; AND INSPECTIONS AND FIRE CODE REVIEW; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into a consultant’s contract for additional services of contract amendment no. 1 for building code and energy code plan review; and inspections and fire code review for the City of The Colony; and WHEREAS, the City has determined that it is in the best interest of the City to amend the contract with Building Code Consulting Services, LLC, under the terms and conditions provided therein; and WHEREAS, with this contract amendment the City of The Colony is agreeing to pay the increased sum of $40,000.00 to reflect the work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1.The Consultant’s Contract, having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 3.This Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 21st day of FEBRUARY, 2023. _____________________________ Richard Boyer, Mayor City of The Colony, Texas 60 ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 61 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Isaac Williams Submitting Department: Planning Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix A, Section 10 of the Code of Ordinances of the city of The Colony, Texas, by amending Section 10-100, entitled "schedule of uses by district,” by amending the use chart by amending or adding uses including “bar, lounge or tavern”, “beverage store”, “church”, “community home”, “convent or monastery”, “institution of a religious, charitable or philanthropic nature”, “school, public denominational”, “smoking lounge”, and “smoking room” uses; and amending Appendix A, Section 10-300, entitled “definitions and explanations applicable to use schedule” by adding and amending definitions for “community home”, “school, public denominational”, “smoking lounge”, and “smoking room” uses; and amending Section 13 entitled “vehicle parking, parking lot and on-site traffic regulations:” by amending Section 13-101(a), entitled “generally”, by repealing the prohibition on parking within setbacks. (Williams) Suggested Action: Please see the attached staff report, summary and staff recommendation. Attachments: SI23-0004 CC Staff Report Ordinance amendment Appendix A (final).docx.pdf The Colony - Ord - Use Chart Amendment Exhibit - cleanup ordinance - jlm draft (for Ord).docx Ord. 2023-XXXX Zoning Amendment.docx 62 1 CITY COUNCIL REPORT AGENDA DATE: February 21, 2023 DEPARTMENT: Planning and Zoning Department SUBJECT SI23-0004: Zoning Text Amendment- Appendix A Conduct a public hearing, discuss, and consider an amendment regarding amendments to Appendix A, Section 10 of the Code of Ordinances of the city of The Colony, Texas, by amending Section 10-100, entitled "schedule of uses by district,” by amendi ng the use chart by amending or adding uses including “bar, lounge or tavern”, “beverage store”, “church”, “community home”, “convent or monastery”, “institution of a religious, charitable or philanthropic nature”, “school, public denominational”, “smoking lounge”, and “smoking room” uses; and amending Appendix A, Section 10-300, entitled “definitions and explanations applicable to use schedule” by adding and amending definitions for “community home”, “school, public denominational”, “smoking lounge”, and “smoking room” uses; and amending Section 13 entitled “vehicle parking, parking lot and on - site traffic regulations:” by amending Section 13 -101(a), entitled “generally”, by repealing the prohibition on parking within setbacks. BACKGROUND During customary staff review and maintenance of the Zoning Ordinance, Staff found the Zoning Ordinance needed amending to revise outdated and problematic text, and increase clarity regarding the review and administration of existing land uses. Accordingly, a list of sections for amendment was established by staff; the sections for amendment (with summary) are as follows: Appendix A “Community home means a place where not more than six (6) physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two (2) persons as licensed by the state department of aging and disability services (also see Chapter 123 of the Texas Human Resources Code, as amended).” . . . “47 School, public or denominational: An educational institution regulated by the state which is operated by public or religious agency having a curriculum including kindergarten, elementary or secondary education, including charter schools, but not including private, business, commercial, trade, or craft schools.” . . . “Smoking lounge means a building or facility dedicated to the primary activity of smoking defined as the carrying, possessing or holding of a pipe, hookah, cigarette, tobacco product, tobacco substitute, electronic cigarette or e -cigarette or liquid nicotine of any kind which is burning or emitting a vapor. Such establishments shall operate in accordance with Chapter 6, Article VIII of the Code of Ordinances, and offer an air barrier system and air purification system or equivalent systems.” . . . Item # 3.1 63 2 “Smoking room means a room common to, or within, a retail or service establishment that provides patrons an area for smoking. Other services not directly related to the activity of smoking may be provided by the establishment in a smoking room. Such establishments shall operate in accordance with Chapter 6, Article VIII of the Code of Ordinances, and offer an air barrier system and air purification system or equivalent systems.” The following uses shall have their zoning allowance amended as follows : Summary of proposed amendments  Bar, lounge or tavern uses and Beverage Store uses shall be permit ted “by right” with in all commercial districts (O1, O2, NS, SC, GR , LC, HC, I, BP) however these uses will maintain their distance requirements as stated below: “(10-2205) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages, excluding restaurants to sell alcoholic beverages, within three hundred (300) feet of any church, public school or public hospital. (10-2206) It shall be unlawful for any person who operates a beverage store, bar, lounge or tavern, or private club with bar service to sell alcoholic beverages where the said beverage store, bar, lounge, or tavern, or private club with bar service is within 300 feet of any existing day care center or private school. (10-2207) It shall be unlawful for any beverage store, bar, lounge, or tavern, or private club with bar service to be constructed, erected or placed closer than 1,000 feet to another beverage store, bar, lounge or tave rn, or private club with bar service.” 64 3  Churches (religious institutions) are permitted “by right” in all zoning districts where such uses require Specific Use Permit (SUP). The proposed amendment is intended to become congruent with the application of RLUIPA regulations. This amendment applies to “Convent or Monastery uses and Institution of a religious, charitable or philanthropic nature.”  Community Home(s) are not currently defined in the zoning ordinance, therefore any proposed use did not fall within a defined process and further required an evaluation of the information provided by the applicant to affirm the land use category in accordance with State statutes. The proposed definition is as stated in the Texas Human Resources Code and offers staff a clear response to inquiries of this nature.  The “School, public denominational” definition has been amended to include “Charter Schools.” The addition of “Charter Schools is in congruence with Section 12.103 of the Texas Education Code. Further, the proposed amendment also permits all activities defined as School, public denominational uses as allowed “by right.” R evision to remove the SUP requirement is consistent with documented court opinion that in part, narrow a municipalities influence school locat ion to whether there are public health safety concerns. All other land development (site plan or building plan) review processes are not affected.  Smoking Lounge and Smoking Room uses are currently not defined in the zoning ordinance. Many establishments permit smoking in accordance with the Smoking Ordinance found in Chapter 6, Article VIII of the Code of Ordinances. Staff observed an increased interest in establishments offering smoking as the primary function of the operation . With no dedicated land use definition, there is no allowance for such establishments and smoking, if permitted must be as part of a separate primary activity. This approach led to confusion for operators and staff When as a component of the primary activity, the operator must at all times ensure the smoking element does not exceed that of the primary activity. These definitions offer clarity for these establishments, and provide the City with additional language to regulate. Establishments must include a filtration requirement and operate in accordance with the regulations of Chapter 6, Article VIII.  Section 13-101 prohibits parking located in the front yard setback (the front yard setback is the area free and clear from the front property line to the front façade of the primary building). Over the years this regulati on has been largely disregarded, but when applied it typically forces conflicts in site design. Specifically, between the minimum area required for landscape and the minimum depth required to establish parking . A common example is a site required to provide a 25’ front yard setback may only require a 15’ landscape buffer. Consequently the parking may not begin at the end of the landscape, another 10’ of landscape (or other) is required before the parking can begin. This additional area is an undue hardship and unintended waste of land. 65 4 Specific examples occur often in t he Gateway District which discourages unnecessary parking depths between the front façade and the property line . The proposed amendment is congruent with the intent of the Gateway Overlay District. ORDINANCE REVIEW COMMITTEE (ORC) REVIEW The Ordinance Review Committee (ORC) recommends approval of the Zoning Ordinance amendment. PRIOR ACTION On February 14, 2023, the Planning and Zoning Commission voted (6-0) to recommend approval of the proposed amendments to Appendix A, Section 10 of the Code of Ordinances and Section 13. NOTIFICATION The Zoning Ordinance requires newspaper notification a minimum of ten (10) days prior to the Planning and Zoning Commission meeting for text amendments. Notice for this Public Hearing was published in The Dallas Morning News on February 3, 2023. No comments, either for or against the text amendment, were received as of the printing of this packet. ATTACHMENTS 1. Proposed Amending Ordinance 66 SF D TH M1 M2 M3 M4 MH PD A P O1 O2 NS SC GR LC HC I BP Type of Use 50 Bar,lounge or tavern N N N N N N N N 109 Beverage Store N N N N N N N N 29 Church Community Home N N N N N N N N N N N 31 Convent or monastery 41 Institution of a religious, charitable or philanthropic nature 47 School, public denominational Smoking Lounge N N N N N N N N Smoking Room N N N N N N N N S - Specific Use Permit N – Not allowed - blank allowed by right 67 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023 -________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING APPENDIX A, SECTION 10 OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING SECTION 10-100, ENTITLED "SCHEDULE OF USES BY DISTRICT,” BY AMENDING THE USE CHART BY AMENDING OR ADDING USES INCLUDING “BAR, LOUNGE OR TAVERN”, “BEVERAGE STORE”, “CHURCH”, “COMMUNITY HOME”, “CONVENT OR MONASTERY”, “INSTITUTION OF A RELIGIOUS, CHARITABLE OR PHILANTHROPIC NATURE”, “SCHOOL, PUBLIC DENOMINATIONAL”, “SMOKING LOUNGE”, AND “SMOKING ROOM” USES; AND AMENDING APPENDIX A, SECTION 10-300, ENTITLED “DEFINITIONS AND EXPLANATIONS APPLICABLE TO USE SCHEDULE” BY ADDING AND AMENDING DEFINITIONS FOR “COMMUNITY HOME”, “SCHOOL, PUBLIC DENOMINATIONAL”, “SMOKING LOUNGE”, AND “SMOKING ROOM” USES; AND AMENDING SECTION 13 ENTITLED “VEHICLE PARKING, PARKING LOT AND ON-SITE TRAFFIC REGULATIONS: BY AMENDING SECTION 13-101(A), ENTITLED “GENERALLY”, BY REPEALING THE PROHIBITION ON PARKING WITHIN SETBACKS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 123.003(a) of the Texas Human Resources Code provides that “[t]he use and operation of a community home that meets the qualifications imposed under this chapter is a use by right that is authorized in any district zoned as residential”; and WHEREAS,the City Council of the City of The Colony, Texas, is of the opinion that Appendix A, Section 10 should be amended by amending Section 10-100, entitled “Schedule of Uses by District” by amending or adding uses for “Church”, “Community home”, “Convent or monastery”, “Institution of a religious, charitable or philanthropic nature”, “Smoking Lounge”, and “Smoking Room” uses, as attached hereto as Exhibit A, and is incorporated herein for all purposes; and WHEREAS,the City Council of the City of The Colony, Texas, is of the opinion that Appendix A, Section 10 should be amended by amending Section 10-300 to provide definitions for “Community home”, “Smoking lounge”, and “Smoking room” uses. 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. 68 SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Appendix A, Section 10-100 entitled “Schedule of Uses by District” by amendingor adding uses for “Church”, “Community home”, “Convent or monastery”, “Institution of a religious, charitable or philanthropic nature”, “Smoking Lounge”, and “Smoking Room” uses, as attached hereto as Exhibit A, and is incorporated herein for all purposes. SECTION 3. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Appendix A, Section 10-300 entitled “Definitions and explanations applicable to use schedule,” by adding or amending the following definitions, which shall read as follows: . . . “Community home means a place where not more than six (6) physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two (2) persons as licensed by the state department of aging and disability services (also see chapter 123 of the Texas Human Resources Code, as amended).” . . . “47 School, public or denominational: An educational institution regulated by the state which is operated by public or religious agency having a curriculum including kindergarten, elementary or secondary education, including charter schools, but not including private, business, commercial, trade, or craft schools.” . . . “Smoking lounge means a building or facility dedicated to the primary activity of smoking defined as the carrying, possessing or holding of a pipe, hookah, cigarette, tobacco product, tobacco substitute, electronic cigarette or e-cigarette or liquid nicotine of any kind which is burning or emitting a vapor. Such establishments shall operate in accordance with Chapter 6, Article VIII of the Code of Ordinances, and offer an air barrier system and air purification system or equivalent systems.” . . . “Smoking room means a room common to, or within, a retail or service establishment that provides patrons an area for smoking. Other services not directly related to the activity of smoking may be provided by the establishment in a smoking room. Such establishments shall operate in accordance with Chapter 6, Article VIII of the Code of Ordinances, and offer an air barrier system and air purification system or equivalent systems.” SECTION 4. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Appendix A, Section 13 entitled “Vehicle parking, parking lot and on-site traffic regulations,” by amending Section 13-101entitled “Generally,” by amending subsection (a) which shall read as follows: 69 “13-101. Generally. These requirements apply generally to all districts except as otherwise noted: (a)Except as expressly allowed in this section, required off-street parking spaces must be located on the same lot or parcel as the principal use. (b)In all residential zoning districts and the office districts (O-1 and O-2), no parking space, garage or carport or other automobile storage space or structure shall be used for the storage of any truck or trailer except a panel or pickup truck not exceeding one-ton gross registered carrying capacity. (c)In all residential zoning districts, except for the manufactured home (MH) districts, a boat or recreational vehicle including a motor home or travel trailer may be parked or stored on the residential premises of the owner provided that such boat, vehicle or motor home may be parked or stored only within that portion of the residential lot which is located to the rear of the required front yard line. (d)The floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements. (e)Private access drives to parking lots or areas which are accessory to or serve nonresidential uses in the O-1, O-2, GR, C, I or nonresidential PD district shall not be through residential districts. (f)An enclosed, attached or detached garage of not less than 440 square feet in floor area and with a minimum width of 20 feet shall be provided for each and every single-family dwelling unit, regardless of zoning district.” SECTION 5.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 7. This Ordinance shall become effective immediately upon its passage and publication as required by law. 70 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 21st day of FEBRUARY, 2023. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 71 Exhibit A [Use Chart] 72 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Kimberly Thompson 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 Municipal Court Judge. Suggested Action: Attachments: 73 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: February 21, 2023 Submitted by: Kimberly Thompson 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 Municipal Court Judge. Suggested Action: Attachments: 74