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Home My WebLink AboutCity Packets - City Council - 08/15/2023 - RegularAgenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 5 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Presentation Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 6 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Receive a presentation from staff and The Athletic Club regarding public-private partnership in management of Five Star Park and related activities. (Shallenburger) Suggested Action: Attachments: 7 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Brant Shallenburger Submitting Department: Parks & Recreation Item Type: Presentation Agenda Section: Subject: Receive a presentation on final concept design for Veterans Memorial addition at the Five Star Complex. (Shallenburger) Suggested Action: Attachments: 8 Agenda Item No:3.3 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Presentation Agenda Section: Subject: Receive a presentation and update from SPAN. (Perez) Suggested Action: Attachments: 9 Agenda Item No:3.4 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 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: August 15, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from August 1, 2023. (Stewart) Suggested Action: Attachments: August 1, 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 AUGUST 1, 2023 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 6 th day of June 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 (Absent) Business 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 James Jenkins 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, Pricilla Schubert, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT Pamela DeSantiago, 5204 S. Colony, gave an update on Next Steps and thanked the Council for their support. 12 City Council – Regular Meeting Agenda August 1, 2023 Page| 2 3.0 WORK SESSION 3.1 Receive a presentation, discuss and provide direction to staff regarding special events. Director of Community Services, Jackie Kopsa, presented this item to Council. Council provided discussion and gave direction to staff. 3.2 Receive a presentation, discuss and provide direction to staff regarding the Street Condition Index Study. Director of Engineering, Ron Hartline, presented this item to Council. 3.3 Discussion on the sale of parkland and related issues. Deputy City Manager, Brant Shallenburger, presented this item to Council. Council provided discussion and gave direction to staff. 3.4 Council to provide direction to staff regarding future agenda items. Mayor announced the filing period for the November 7, 2023 General Election is now open and will conclude on Monday, August 21, 2023 at 5:00 p.m. Mayor presented a future agenda item with the Parks and Recreation Department concerning the Five-Star Complex. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda – Ensweiler; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from July 18, 2023. 4.2 Consider and ratify approval of an ordinance extending the term of the existing franchise agreement with Atmos Energy Corporation ending December 31, 2048. 5.0 REGULAR AGENDA ITEMS 5.1 Presentation by Weaver and Tidwell regarding the Annual Comprehensive Financial Report for the 2022 Fiscal Year. Assistant City Manager of Administration, Tim Miller provided a brief overview on this item and introduced Jennifer Ripka, CPA – Partner, with Assurance 13 City Council – Regular Meeting Agenda August 1, 2023 Page| 3 Service to Council. Ms. Ripka presented this item and answered questions from Council. 5.2 Conduct a public hearing on short-term rentals. The public hearing opened at 7:55 p.m. and closed at 8:16 p.m. Chuck Brennaman, 6333 Cedar Falls Drive, appeared and spoke against this item. Vicki Gomez, 5213 Worley, appeared and spoke against this item. Analisa Fink, 3809 Overlook Court, gave suggestions to revise the ordinance on short-term rentals. Kevin Braby, 3919 Harbor Drive, appeared and spoke in favor of this item. 5.3 Discuss and consider approving a resolution ordering the November 7, 2023 General Election for single-member districts, specifically Place 3, Place 4, Place 5 and Place 6. Motion to approve– Wade; second by Holtz, motion carried with all ayes. RESOLUTION NO. 2023-051 Executive Session was convened at 8:18 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Regular Session was reconvened at 8:46 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s) No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:46 p.m. 14 City Council – Regular Meeting Agenda August 1, 2023 Page| 4 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: August 15, 2023 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for June 2023. (Council) Suggested Action: Attachments: Council June Expenditures.pdf 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Tina Stewart Submitting Department: Development Services Item Type: Resolution Agenda Section: Subject: Consider approving a resolution approving a First Amendment to the Developer’s Agreement between the City of The Colony and Wynnwood Peninsula Venture. (Williams) Suggested Action: In 2010, a Developer's Agreement between the City and Wynnwood Peninsula Venture established the land dedication and improvements, for trail and trail amenities within the "Tribute." Whereas, the Developer has presented agreeable wayfinding signage to accommodate the trail amenity, the original developer's agreement, Tribute Planned Development Ordinance (PD and 18 and 23) and the City's Sign Ordinance do not effectively address trail wayfinding design for The Tribute community. To clarify this, the proposed amendment updates the Developer's responsibilities (reflected in Section 2.6), to include design, installation and maintenance of wayfinding signage for the trails. Attachments: The Colony - Developer's Agreement - First Amendment - Wynnwood Peninsula Venture.pdf Tribute PDO Agreement - Ph I.pdf Tribute_Sign Location Plan-051223.pdf Res. 2023-xxx First Amendment with Wynnwood Peninsula Partners LP.docx 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 North 0 500 1000 2000 The Tribute Shoreline Nature Trail & Nature Preserve Lake Lewisville Lebanon Road The Tribute at The Colony Golf Club Tree Preserve Tribute Driving Range Lowell H. Strike Middle School Prestwick Elementary School Lake Lewisville Leb a n o n R o a d the tribute sign location plan The Colony, Texas 04/18/23 Matthews Southwest TBG 1705 guadalupe street suite 500 austin, texas 78701 [512] 327 1011 tbgpar tner s.com The information shown is based on the best information available and is subject to change without notice. 11 3 12 18 17 10 9 35 25 19 11 84 88 4 42 40 6 57 8 41 39 1 14 20 34 87 Stone Base 85 82 79 13 86 83 8180 15 16 21 22 24 26 27 28 102 108 111 112 115 117 118 114 113 94 95 38 43 4850 44 51 49 56 54 76 7475 77 72 73 67 69 71 62 61 68 53 109 119 116 110 63 55 90 91 57 59 58 29 30 31 70 60 66 65 97 100 23 36 45 46 98 47 52 37 32 92 93 96 - NO CARTS Sign - Directional Sign - Monarch Waystation - Wildlife (ACoE) Signage - Bench QR Code - Trail Map / Rules - Major Trailhead 64 78 89 2 Major Trailhead Trail Map / Rules NO CARTS Sign Directional Sign Monarch Waystation Wildlife Signage Bench QR Code 33 101 104 99 106 107 105 103 Stone Base Stone Base Stone Base Stone Base Stone Base 92 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AN AMENDMENT TO DEVELOPER’S AGREEMENT BETWEEN THE CITY OF THE COLONY AND WYNNWOOD PENINSULA VENTURE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council and Wynnwood Peninsula Venture entered into a Developer’s agreement between the City of The Colony and Wynnwood Peninsula Venture dated on or about February 16, 2010, and desire to amend the original agreement with this amendment to such agreement. NOW, THEREFORE, BE IT RESOLVED 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 Resolution as if fully set forth herein. Section 2. That the City Council of the City of The Colony, Texas, hereby approves an Amendment to Developer’s Agreement between the City of The Colony and Wynnwood Peninsula Venture, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes. 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 THE 15TH DAY OF AUGUST 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 93 Exhibit A Amendment to Developer’s Agreement Between the City of The Colony, and Wynnwood Peninsula Venture 94 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: David Coulon Submitting Department: Police Item Type: Expenditures Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to Holiday Chevrolet, Whitesboro, TX, in the amount of $62,140.00 for the replacement of police unit #842 through the Tarrant County Cooperative Contract #2023-015. (Coulon) Suggested Action: Replace a detective vehicle that was totaled in an accident. Attachments: Res. 2023-xxx Replacement of Police Unit #842.docx 95 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023- _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO HOLIDAY CHEVROLET, WHITESBORO, TX FOR THE REPLACEMENT OF POLICE UNIT #842 THROUGH THE TARRANT COUNTY COOPERATIVE CONTRACT #2023-015; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order in the amount of $62,140.00 to Holiday Chevrolet for the replacement of police unit #842 through the Tarrant County Cooperative Contract #2023-015. Section 2. That the City Manager or his designee are authorized to issue said purchase order. 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 15th DAY OF AUGUST 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 96 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Ordinance Agenda Section: Subject: Consider approving an ordinance authorizing the Mayor to execute a Negotiated Settlement Agreement between Atmos Cities Steering Committee and Atmos Energy Corporation, MID-TEX Division regarding the company's 2023 Rate Review Mechanism Filing. (Miller) Suggested Action: Attachments: Ord. 2023-xxxx Atmos Mid-Tex 2023 RRM Ordinance.docx 97 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023 - ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2023 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES;DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the City of The Colony, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the 98 2557/36/8645037 2 Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about March 31, 2023 Atmos Mid-Tex filed its 2023 RRM rate request with ACSC Cities based on a test year ending December 31, 2022; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2023 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $142 million on a system-wide basis with an Effective Date of October 1, 2023; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; and 99 2557/36/8645037 3 WHEREAS, the RRM Tariff includes Securitization Interest Regulatory Asset amount of $19.5 million; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $142 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2023 RRM filing, is in the public interest, and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $142 million on a system-wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. 100 2557/36/8645037 4 Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of ACSC in processing the Company’s 2023 RRM filing. Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2023. Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. 101 2557/36/8645037 5 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE 15 TH DAY OF AUGUST 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 102 Agenda Item No:4.6 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Consider approving a resolution suspending the September 1, 2023, effective date of Coserv Gas, Ltd.’s requested rate change and approving cooperation with other cities in the Coserv service area, and related matters. (Miller) Suggested Action: Attachments: Res. 2023-xxx CoServ Gas 2023 Suspend Rate Case.doc 103 1 2061/04/8647429 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, SUSPENDING THE SEPTEMBER 1, 2023, EFFECTIVE DATE OF COSERV GAS, LTD.’S REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH OTHER CITIES IN THE COSERV SERVICE AREA, TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF THE STEERING COMMITTEE OF CITIES SERVED BY COSERV GAS’ RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, on or about July 28, 2023, CoServ Gas Ltd (“CoServ” or “Company”), pursuant to Gas Utility Regulatory Act § 104.102 filed with the City of The Colony, Texas (“City”) a Statement of Intent to change gas rates in all municipalities exercising original jurisdiction within its service area, effective September 1, 2023; and WHEREAS, the City is a gas utility customer and a regulatory authority under the Gas Utility Regulatory Act (“GURA”) and under Chapter 104, § 104.001 et seq. of GURA has exclusive original jurisdiction over CoServ’s rates, operations, and services within the City; and WHEREAS, in order to maximize the efficient use of resources and expertise, it is reasonable for the City to cooperate with other cities in conducting a review of the Company’s application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, it is not possible for the City to complete its review of CoServ’s filing by the September 1, 2023 effective date proposed in CoServ’s Statement of Intent; and WHEREAS, the City will need an adequate amount of time to review and evaluate CoServ’s rate application to enable the City to adopt a final decision as a local regulatory authority with regard to CoServ’s requested rate increase; and WHEREAS, GURA § 104.107 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days; and 104 2 2061/04/8647429 WHEREAS, GURA § 103.022 provides that costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: 1.That the findings and recitations set out in the preamble of this Resolution are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes. 2,That the September 1, 2023 effective date of the rate request submitted by CoServ on July 28, 2023, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 3.That the City is authorized to cooperate with other cities in the CoServ service area, CoServ Gas Cities, and subject to the right to terminate employment at any time, hereby authorizes the hiring of Thomas L. Brocato of the law firm of Lloyd Gosselink Rochelle and Townsend, P.C. and consultants, to review CoServ’s filing, negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Railroad Commission. 4.That the City’s reasonable rate case expenses shall be reimbursed by CoServ. 5.That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 6.That a copy of this Resolution shall be sent to CoServ, care of Charles D. Harrell, CoServ Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842, and to Thomas Brocato, counsel for CoServ Gas Cities, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725 (tbrocato@lglawfirm.com). 7.That this Resolution shall be and become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 15TH DAY OF AUGUST 2023. _________________________________ Richard Boyer, Mayor The Colony, Texas 105 3 2061/04/8647429 APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney I, ___________________, Secretary of the City Council of the City of The Colony, Texas, do hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council of the City of The Colony, Texas, at its regular meeting held of the _____ day of _________, 2023, as the same appears in the records of this office. IN TESTIMONY WHEREOF, I subscribe my name hereto officially under the corporate seal of the City of The Colony, Texas, this ____ day of ___________, 2023. Secretary for the City Council of the City of The Colony, Texas 106 Agenda Item No:4.7 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Calvin Lehmann Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Professional Services Contract with Halff Associates, LLC for design services for the renovation of a portion of Stewart Creek Elementary in the amount of $245,000.00, with funding from the Community Development Corporation. (Lehmann) Suggested Action: Attachments: SC Elem Remodel - Amendment 1 (Phases 1 & 2).pdf Res. 2023-xxx Halff Associates Contract.docx 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 – ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH HALFF ASSOCIATES, LLC FOR DESIGN SERVICES TO RENOVATE A PORTION OF STEWART CREEK ELEMENTARY TO BE FUNDED BY THE COMMUNITY DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: WHEREAS, the City of The Colony, Texas, has determined that it is in the best interest of the City to execute a Professional Services Contract with Halff Associates, LLC for design services to renovate a portion of Stewart Creek Elementary; WHEREAS, the City of The Colony agrees to pay the design cost for the project in the amount of $245,000.00 with funding from the Community Development Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The City Council of the City of The Colony authorizes the execution of a Professional Services Contract with Halff Associates, LLC. Section 2. The City Manager is hereby authorized to execute the contract for said project. 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 15th DAY OF AUGUST 2023. Richard Boyer, Mayor City of The Colony, Texas 122 ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 123 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Tina Stewart Submitting Department: CVB/Communications Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute an Event Support Agreement with Outlyr, LLC, Inc., in the amount not to exceed$339,836.00 for the 2023 Volunteers of America LPGA Texas Classic Tournament. (Lanicek) Suggested Action: Attachments: Event Trust Fund - Support Agreement.pdf Event Trust Fund - Exhibit B.pdf Res. 2023-xxx Volunteers of America LPGA Texas Classic Tournament.doc 124 125 126 127 128 129 130 131 132 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AN EVENT SUPPORT AGREEMENT WITH OUTLYR, LLC, INC., CONCERNING THE 2023 VOLUNTEERS OF AMERICA LPGA TEXAS CLASSIC TOURNAMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council for the City of The Colony, Texas, has determined that it is in the best interest of the City to approve an event support agreement with Octagon, Inc. not to exceed in the amount of $339,836.00; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The Event Support Agreement, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes, has 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 an Event Support Agreement on behalf of the City of The Colony, Texas. Section 3. This Resolution shall take effect immediately from and after its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 5TH DAY OF AUGUST 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 133 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Isaac Williams Submitting Department: Planning Item Type: Discussion Agenda Section: Subject: Discuss and consider making a request regarding an engineering variance to Section 3.01 Driveway Requirements - Engineering Design Manual, to allow a driveway distance at 90.98 feet, where 120 feet is the minimum distance from the driveway to point of intersection, in accordance with the Code of Ordinances Section 6-124 - Variance. The subject site contains approximately 1.15 acres and is located east of the southeast intersection of Main Street and East Lake Highlands Drive within the General Retail (GR) Zoning District and the Heavy Commercial (HC) 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: EV23-0001-CC Staff Report Kroger Fuel - Engineering Variance 3.01.doc EV23-0001 Variance Narrative - FINAL.pdf EV23-0001 Kroger Fuel 879 Locator Map.pdf EV23-0001 - SP-1 Site Plan_1 - 230719.pdf 134 1 CITY COUNCIL REPORT AGENDA DATE:August 15, 2023 DEPARTMENT:Planning and Development Department EV23-0001 Kroger Fuel - Engineering Design Manual Variance 3.01 Discuss and consider making a request regarding an engineering variance to Section 3.01 Driveway Requirements - Engineering Design Manual, to allow a driveway distance at 90.98 feet, where 120 feet is the minimum distance from the driveway to point of intersection, in accordance with the Code of Ordinances Section 6-124 - Variance.The subject site contains approximately 1.15 acres and is located east of the southeast intersection of Main Street and East Lake Highlands Drive within the General Retail (GR) Zoning District and the Heavy Commercial (HC) Zoning District. OWNER/ APPLICANT Owner George Spiliotis Applicant: Clay Cristy P.E. Claymore Engineering Bedford, Texas EXISTING CONDITION OF PROPERTY The property is currently undeveloped. PROPOSED REQUEST The applicant requests an engineering variance to Section 3.01 Driveway Requirements – of the Engineering Design Manual, to allow a driveway at 90.98 feet, where 120 feet is the minimum distance from the driveway to point of intersection. The proposed driveway is located approximately 90.98’ from the southwest intersection of East Lake Highlands Drive and Elm Street. This variance is to facilitate the access of a proposed Service Station (Motor Vehicle Fuel). ADJACENT ZONING AND LAND USE North - Light Commercial (LC) - undeveloped South - General Retail (GR) and Heavy Commercial (HC) – Rapido Service Station East -General Retail (GR) and Duplex (D) – Duplex Residential and Undeveloped West -Heavy Commercial (HC) – M&M Self Storage PRIOR ACTION/REVIEW (Council, Boards, Commissions) On July 25, 2023, The Planning and Zoning Commission voted (7-0) to recommend approval of the variance with a condition that the development be completed prior to the approval expires in two years. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Applicant Narrative 4. Variance Exhibit 135 2 ATTACHMENT 1 Staff Analysis Considerations. The applicant submitted a site plan for the development of a Service Station (Motor Vehicle Fuel). An integral consideration of a Service Stations use is the circulation route of a fuel truck. The site plan indicates that safe circulation requires entry from Main Street and exit to East Lake Highlands Drive. Choices of circulation are limited by size of the site and a no truck traffic restriction on Elm Street. The proposed driveway as reflected on the site plan is approximately 98.98 feet (point of intersection to driveway centerline) from an existing intersection of Elm Street to the East. Staff does not anticipate a hazard from the proposed driveway location. 136 3 The following standards for driveways are established to facilitate traffic movement and promote traffic safety: Driveway openings are normally permitted at a distance from intersections of dedicated city streets. Exceptions to the manual require that there no resulting maintenance, operations or safety issues. Section 6-124 of the Code of Ordinances, states City Council may review a variance from the Engineering Design Manual. City Council shall consider evidence of the following: 1.The variance is not detrimental to the public safety, health, or welfare or injurious to other property. This configuration is intended to provide for an operational fuel truck circulation required for the development. The proposed driveway on East Lake Highlands Drive facilitates the fuel trucks to service the site and exit onto East Lake Highlands Drive. Staff has reviewed the overall request, this accommodation allows for the adherence to Engineering and Subdivision and Fire Department requirements. 2. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. 137 4 Staff finds the variance request is based on unique attributes of the property. The proposed site layout is influenced by the depth of the site and adjacent rights-of-way (East Lake Highlands, Elm Street and Main Street.). The proposed design reflects a design considerate of existing street intersections, existing driveways, and the fire code requirements. 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 the strict compliance with the subdivision ordinance is required. The narrow development site surrounded on three sides by existing streets creates limited considerations for access. 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 found no act or omission in the history of development that generates the engineering variance request. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee recommends approval of this variance. 138 July 24, 2023 City of The Colony Planning 6800 Main Street The Colony, Texas 75056 Re: Kroger Fuel Center – The Colony. Project Narrative – Engineering Variance. To Whom it May Concern, Please let this letter serve as the project narrative for the Kroger Fuel Center Engineering Design Manual Variance request. The requested variance is in reference to the Driveway Spacing requirements noted in Table II-7 in the Engineering design manual. Due to the nature of the site, the driveway spacing as stated in Table II-7 cannot be met. The requested variance would be to allow for a driveway spacing of 90.98’ from the intersection of E Lake Highlands Drive and Elm Street. This deviation is a critical deviation for the development of this property. The following items are of consideration and reasoning for the following request. - Intent of the Engineering Design Manual. o The Driveway spacing requirements set forth in the engineering manual has been established to ensure that proper spacing between driveways. In this instance proper driveway spacing cannot be met due to the limited width of the existing property. It is not physically possible to provide a driveway and meet the required driveway spacing. - Justification for Variance. o The proposed driveway is needed to provide proper access to the site. Given the nature and circulation of the site this driveway is essential for the project. Having a second access on E Lake Highland Drive enables fuel and fire trucks to have a second point of access on a street that has a lower traffic volume than Main Street. The proposed driveway access has been located as far from Main Street as possible to give as much separate from the intersection of Main and E Lake Highland Drive as possible. - Hardship. o The hardship with this site is in relation to access and the size of the property. It is not physically possible to provide the proper driveway spacing due to the limited depth of the site. Also given that it has been noted that truck access off Elm Street is not desired due to the asphalt nature of the paving and the needed access for fuel trucks. If this access is not provided proper circulation of the site cannot be achieved. - Criteria 6-124 a. Allowing this variance would not be a detriment to the public safety, health, welfare or injurious to other properties. This driveway would allow for a secondary access to a less busy street than Main Street. 139 b. This request is unique due to the size of the existing property and the fact that the property is surrounded by 3 public roadways. c. This site presents a special hardship due to size and shape of the property. If the variance is not provided there will be a unique hardship presented to this lot because there will not be a second point of access for larger vehicles. A second point of access will not be granted along Main Street and larger vehicles are not intended to be directed to Elm Street. d. This variance request is not something that was created by the owner/development team as the roadways surrounding the site have been present and with the redevelopment of the site, the existing conditions are an unfortunate situation. Should you have any questions, please feel free to contact our development team. Property Owner George Spiliotis 2133 Southmoore Dr. Carrollton, TX 75006 Applicant ClayMoore Engineering – Clay Cristy 1903 Central Dr. Ste. 406 Bedford, TX 76021 Sincerely, Claymoore Engineering, Inc. Clay Cristy, P.E. 140 LAKE HIGHLANDS DR MAIN ST ELM ST 101 7428 7412 7420 7409 7435 7440 7500 7405 G RGR L CLC H CHC This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness oraccuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No:SP23-0001 - Kroger Fuel 879 SP23-0001 General R eta il Heavy Commercial Light C omme rcial SubjectArea EV23-0001 EV23-0001 141 LOT 55 BLOCK 2 GARZA - LITTLE ELM LAKE ESTATES VOL. 2, PG. 80 P.R.D.C.T. LOT 1R BLOCK 3 REPLAT OF GARZA - LITTLE ELM ESTATES CAB. T, PG. 216 P.R.D.C.T. (REMAINDER) LOT 4 BLOCK 3 GARZA - LITTLE ELM LAKE ESTATES VOL. 2, PG. 80 P.R.D.C.T. CALLED 323 SQ. FT. STATE OF TEXAS DOC. NO. 2009-84447 O.R.D.C.T. LOT 63 LOT 64 LOT 65 LOT 46 LOT 66 LOT 45 LOT 54 LOT 53 LOT 52 LOT 51 LOT 50 LOT 49 LOT 48 LOT 47 LOT 46 LOT 45 CALLED 328 SQ. FT. STATE OF TEXAS DOC. NO. 2009-99307 O.R.D.C.T. LOT 67 LOT 44 LOT 44 TBM X-CUT N:7088068.2 E:2461026.7 ELEV:566.7' TBM X-CUT N:7088065.6 E:2460863.0 ELEV:566.7' 20.3' X 10.1' METAL SHED NO SLAB EL M S T R E E T FM 4 2 3 (M A I N S T R E E T ) E. LAKE HIGHLANDS DRIVE TBM X-CUT N:7087801.1 E:2461041.5 ELEV:567.8' LAND USE: SEVICE STATION (MOTOR VEHICLE FUEL) EX . 4 8 " R C P EX . 4 8 " R C P EX. 24" RCP EX . 2 4 " R C P EX . 4 8 " R C P EX . 3 0 " S S EX. 3 0 " S S EX. 30" SS EX. 30" SS EX . 8 " S S EX . 8 " S S 2 3 4 5 5 6 6 6 6 7 7 8 8 9TYP. 10 11 12 13 14 16 15 KROGER FUEL CENTER MONUMENT SIGN 1 1 1 1 18 ' BLOCK 1 GARZA - LITTLE ELM LAKE ESTATES VOL. 2, PG. 80 P.R.D.C.T. 1.15 ACRES 50,009 SQ. FT. EX. HEADWALL EX. STORAGE BUILDINGS EX. STROM INLET EX. STROM INLET EX. STROM INLET EX. STROM INLET OWNER: MORGAN ACCEPTANCE CO ZONING: GENERAL RETAIL OWNER: ALEXANDRIA SKINNER ZONING: GENERAL RETAIL LAND USE: WAREHOSE OWNER: AMRT LLC. ZONING: INDUSTRIAL SELF STORAGE LANDS USE: SELF STORAGE OWNER: SHIWAKOTI BISHNU ZONING: CONVENIENCE STORE LANDS USE: CONVENIENCE STORE GROUP 1 ∆ TXDOT R.O.W. WB - 5 0 AA S H T O 2 0 0 4 ( U S ) WB-50 AASHTO 2004 ( U S ) CANOPY BIKE RACK SCREENING SHALL BE SAME MASONNRY MATERIA AS PRIMARY STRUCTURE & A MINIMUM OF 6' HT. PROPOSED LIGHT POLE TYP. VISIBILITY TRIANGLE EX. ASPHALT ROAD TO REMAIN VISIBILITY TRIANGLE VISIBILITY TRIANGLE R 8 ' R20 ' R 3 0 ' R30 ' R10' R30 ' R20 ' R34' R20 ' R 1 0 ' 30 ' 29 ' 18 ' 9' 32 . 6 8 ' 30' 15 ' L A N D S C A P E B U F F E R 15' LANDSCAPE BUFFER 25' FRONT YARD SETBACK 25 ' F R O N T Y A R D S E T B A C K 40 ' 12 6 ' 5' 5' 43'5'5' R30 ' R30' 62.33' 90.98' 27 . 7 5 ' 22.12' 27 . 1 ' 72.85' 30.09' 29 . 8 7 ' 27 . 8 1 ' 8' 70 ' 25' FRON T Y A R D S E T B A C K 20' LAN D S C A P E B U F F E R 24' ACCESS ESMT. 61.59' 70.23' 35 . 5 6 ' 46 . 0 8 ' 123.29' 116.6' 30.67'9' 93.22' 77 . 5 8 ' 106.95' 10 4 . 1 9 ' 53' 13 6 ' 24 ' 39 . 5 ' 9' 5' 5 ' 15' LANDSCAPE BUFFER 24' ACCESS ESMT. 9' 14' R 1 0 ' R3' R 2 0 ' R 3 0 ' R30' R30' R3 0 ' 18' 2' 2 0 ' L A N D S C A P E B U F F E R 148.73' 14 8 . 1 ' R 3 0 ' DA T E No . RE V I S I O N BY DATE: SHEET CHECKED:CLC DRAWN:MAL DESIGN:MAL 19 0 3 C E N T R A L D R . S U I T E # 4 0 6 PH O N E : 8 1 7 . 2 8 1 . 0 5 7 2 BE D F O E R D , T X . 7 6 0 2 1 W W W . C L A Y M O O R E E N G . C O M TEXAS REGISTRATION #14199 1 02 / X X / 1 4 X X File No. _______ KR O G E R F U E L S T A T I O N 74 4 0 M A I N S T R E E T TH E C O L O N Y , T X 1/4/2023 PRELIMINARY CLAYMOORE ENGINEERING SP 2 3 - 0 0 0 1 0 GRAPHIC SCALE 1 inch = ft. 20 20 40 20 10 COUNTY SURVEY:ABSTRACT NO. DENTON CITY:STATE: THE COLONY TX. LEGAL DESCRIPTION: OWNER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DR. STE. 406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 S. ELM ST. SUITE #104 DENTON, TX 76201 PH: 940.222.3009 GEORGE SPILIOTIS 2133 SOUTHMOOR DR CARROLTON, TX 75006-1898 CONTACT NAME: CLAY CRISTI CONTACT NAME: TYLER RANK BEING A PORTION OF LOTS 47-62 , BLOCK 1, OF GARZA LAKE ESTATES, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED UNDER CABINET A, PAGE 30, PLAT RECORDS, DENTON COUNTY, TEXAS. ZONING DESCRIPTION: GR - GENERAL RETAIL SI T E P L A N SP-1 NOTE: 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2.FIRE LANE WILL BE CONSTRUCTED OF A CONCRETE OR ASPHALT DRIVING SURFACE TO PROVIDE ALL-WEATHER DRIVING CAPABILITIES AND SHALL BE CONSTRUCTED TO SUPPORT THE IMPOSED WEIGHT OF AN 80,000-POUND VEHICLE. 3.PROPOSED BUILDING TO HAVE FIRE SPRINKLERS. 4.ALL SIGNS REVIEWED BY SEPARATE REVIEW AND PERMIT. CONSTRUCTION SCHEDULE SAW CUT FULL DEPTH EXISTING PAVEMENT HANDICAP SYMBOL HANDICAP SIGN CURB STOP BARRIER FREE RAMP EXISTING CURB TO REMAIN EX. SIDEWALK PAVEMENT STRIPING FUEL DISPENSER ROOF CANOPY LINE KIOSK WITH RESTROOM AIR/WATER UNITS IN PAD. PROVIDE 2-BOLLARD PROPANE FUEL STORAGE VENT RISERS PROPOSED DUMPSTER UNDERGROUND TANKS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 LEGEND 6" HEAVY DUTY CONCRETE PAVEMENT W / MIN. 4,000 COMPRESSIVE STRENGTH & #4 BARS @ 24" O.C.E.W. SIDEWALK CONCRETE PAVEMENT 7" DUMPSTER DUTY CONCRETE PAVEMENT W / MIN. 4,000 COMPRESSIVE STRENGTH & #4 BARS @ 18" O.C.E.W. EXISTING PAVEMENT TO BE REMOVED. EXISTING TREES PROPOSED CONCRETE CURB AND GUTTER PARKING COUNT FULL-DEPTH SAWCUT PROPOSED FIRE LANE STRIPPING PROPERTY BOUNDARY FUEL TRUCK ROUTE R HARDIN SURVEY 611 NOTE: ANY WORK ON TXDOT ROW WILL REQUIRE SEPERATE TXDOT PERMIT. PREPARE SEPERATE DRIVEWAY REPAIR PLAN TO SUBMIT TO TXDOT AFTER CITY APROVAL. ALL DISTURBED AREAS WITHIN TXDOT ROW WILL BE SEEDED/ SODDED AS PER TXDOT REQUIREMENTS. 14 2 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Conduct a public hearing on short-term rentals. (Perez) Suggested Action: Attachments: 143 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Tina Stewart Submitting Department: Finance Item Type: Discussion Agenda Section: Subject: Discuss and consider the City of The Colony Preliminary Municipal Budget 2023-2024. (Miller) Suggested Action: Attachments: 2023 Preliminary Budget.pdf 144 Preliminary Budget 2023/2024 July 28, 2023 145 TABLE OF CONTENTS City Manager’s Memo .......................................................................................... 1 General Fund ....................................................................................................... 2 Parks Fund .......................................................................................................... 5 Utility Fund ........................................................................................................... 6 General Debt Service .......................................................................................... 7 Utility Tax Supported Debt ................................................................................... 8 Economic Development Corporation ................................................................... 9 Community Development Corporation ............................................................... 10 TIRZ ONE PID ................................................................................................... 11 Court Security Fund ............................................................................................ 12 Court Technology Fund ...................................................................................... 13 Juvenile Cash Manager Fund ............................................................................. 14 Commercial Vehicle Fund .................................................................................. 15 Court Time Payment Fund ................................................................................. 16 Storm Water Utility Fund ..................................................................................... 17 Water/Sewer Impact Fees Fund ........................................................................ 18 Hotel/Motel Tax Fund .......................................................................................... 19 Lake Parks Fund ................................................................................................. 20 Special Events Fund .......................................................................................... 21 Citizen Donation Fund ........................................................................................ 22 Child Safety Fund .............................................................................................. 23 Keep the Colony Beautiful Fund ........................................................................ 24 SLFRF Fund …………………………………………………………………………...25 CIP ...................................................................................................................... 26 146 City of The Colony Memorandum To: Mayor and City Council Members From: Troy Powell, City Manager Tim Miller, Assistant City Manager Date: July 28, 2023 Reference: Preliminary FY 2023-24 Budget Enclosed is the preliminary budget for FY 2023-24. The purpose of this memo is to summarize significant items in the budget as well as to identify issues that will need to be considered. Key principles of the budget are as follows: • Total operating revenues increased by $8.3 million due primarily to property and sales tax receipts and utility billing. • One quarter cent reduction in the property tax rate ($.645 to $.6425). • Initiated a Homestead Exemption of 1% or $5,000 minimum. • Utility rates increased by 5% to fund phase II wastewater treatment plant. • Property values frozen for those over 65. • Utility bill discounts for veterans. • $13 million in street and alleyway funding for reconstruction and repair. • $11.5 million in projects and vehicles/equipment for stormwater, parks, public safety, utilities, IT and other departments. • $16 million in reserved funding for start of WWTP Phase II funding ($90 MM total cost) • Total operating expenses increased by $10.7 million due primarily to market salary adjustments and increased health care, public safety raises, and new employee additions. • Fund balances operating days will remain the same as last year’s budget: General Fund 80 days; Utility Fund 60 days; and Parks 60 days. The proposed FY 2023-2024 Budget is respectfully submitted for your review. 1 of 28 147 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget Current Property Taxes 27,508,267 29,959,076 33,643,953 36,000,000 Rendition Penalty Revenue (17,682) 9,985 5,000 5,000 Ag. Roll Back Taxes 9,606 - - - Delinquent Property Tax 61,364 105,371 10,000 50,000 Penalties & Interest 70,532 81,191 50,000 50,000 Total 27,632,087 30,155,623 33,708,953 36,105,000 Sales Taxes 9,124,598 10,653,520 10,000,000 12,000,000 Mixed Beverage Tax 597,077 773,049 550,000 750,000 Total 9,721,675 11,426,569 10,550,000 12,750,000 Electric 1,485,316 1,727,856 1,485,316 1,600,000 Natural Gas 213,079 267,560 240,000 250,000 Telephone 103,595 151,257 75,000 150,000 PEG Fees 14,260 69,549 40,000 75,000 Video 225,017 167,914 150,000 250,000 Sanitation-Residential 203,058 216,671 200,000 200,000 Sanitation-Commercial 272,959 272,612 250,000 250,000 Total 2,517,284 2,873,417 2,440,316 2,775,000 TOTAL TAXES 39,871,046 44,455,610 46,699,269 51,630,000 Building Permits-New Homes 447,832 727,918 650,000 800,000 Building Permits-Other 500,539 724,085 550,000 750,000 Commercial Permits 276,014 635,639 600,000 700,000 Certificates Of Occupancy 4,875 5,450 5,000 7,500 Zoning Fees 13,030 7,715 6,000 10,000 Fire Fees 15,175 33,430 15,000 20,000 Solicitors Permits 1,660 1,354 1,000 2,000 Health Permits 121,267 135,920 120,000 200,000 Platting Fees 26,316 15,138 10,000 20,000 Alcohol Permits 31,135 23,095 25,000 25,000 Code Enforcement Fees 28,038 16,841 18,000 25,000 Eng Inspection Overtime Fee 2,680 7,440 1,000 2,500 Inspection Fees 60,288 429,437 250,000 500,000 Grading Permit 1,905 8,311 1,000 1,000 TOTAL LICENSES & PERMITS 1,530,754 2,771,773 2,252,000 3,063,000 Ambulance Calls 954,468 761,886 700,000 800,000 Ambulance Subscription Revenue 23,652 25,266 20,000 25,000 Service Liens 20,280 16,612 20,000 25,000 Denton County Engine Response - - 1,500 1,500 County Ambulance Funds 21,438 - 21,000 22,000 County Fire Funds 10,000 - 10,000 10,000 Total 1,029,838 803,764 772,500 883,500 County Library Funds 44,305 46,402 39,000 39,000 Total 44,305 46,402 39,000 39,000 TOTAL CHARGES FOR SERVICES 1,074,143 850,166 811,500 922,500 CHARGES FOR SERVICES TAXES Ad Valorem Taxes City Sales Taxes Fire & Ambulance Library Revenue & Expenditure Projections Fiscal Year 2023-2024 Franchise Taxes LICENSES & PERMITS GENERAL FUND 2 of 28 148 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget Revenue & Expenditure Projections Fiscal Year 2023-2024 GENERAL FUND Municipal Court Fines 712,551 1,081,908 770,000 1,100,000 Library Fees 5,370 5,947 10,000 10,000 Animal Control Fees 22,334 23,850 20,000 30,000 TOTAL FINES AND FORFEITURES 740,255 1,111,705 800,000 1,140,000 Interest Income 20,666 348,704 25,000 25,000 TOTAL INVESTMENT INCOME 20,666 348,704 25,000 25,000 Auction Proceeds 16,400 23,610 10,000 10,000 Tower Rental Fees 327,553 309,468 300,000 350,000 Insurance Reimbursement - - 1,000 1,000 LEISD SRO Reimbursement 45,271 142,496 95,000 95,000 LISD SRO Reimbursement 256,280 263,769 256,000 256,000 Miscellaneous 51,250 91,992 65,000 65,000 Police Reports 4,056 5,602 4,000 4,000 Alarm Fees 31,064 30,941 30,000 30,000 TOTAL OTHER REVENUES 731,874 867,878 761,000 811,000 TOTAL REVENUES 43,968,738 50,405,835 51,348,769 57,591,500 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 10,000 151,206 153,356 155,031 151,531 244,396 244,432 244,718 244,503 49,610 49,671 50,233 49,985 131,000 131,288 881,000 881,000 Transfers In - Parking Lot (CDC)66,091 65,265 123,000 123,000 Transfers In - 4B 5 Starr - - - - Transfers in - KTKB - - - - TOTAL TRANSFERS 702,303 704,012 1,513,982 1,510,019 44,671,041 51,109,847 52,862,751 59,101,519 Non-Departmental 8,302,320 8,605,023 11,918,150 13,509,511 General Administration 1,730,847 1,789,911 1,891,410 2,490,832 City Council 48,508 43,253 88,520 147,420 Community Image 507,138 633,895 556,749 621,940 City Secretary 478,523 382,267 429,277 511,352 Human Resources 705,534 846,443 728,224 1,013,392 Finance 1,335,462 1,358,949 1,322,418 1,393,716 Information Technology 801,005 1,028,623 991,490 1,185,886 Planning & Development - - 301,101 316,875 Municipal Court 416,938 468,923 508,312 522,040 Public Safety Dispatch 1,396,124 1,579,470 1,728,780 1,976,081 Fire 11,392,953 11,945,354 13,008,411 13,909,064 Police 11,250,321 12,354,570 12,811,483 14,673,747 Animal Control 503,480 621,621 625,268 660,483 Library 1,158,115 1,215,119 1,355,645 1,334,172 Engineering 1,973,829 2,255,907 2,012,615 2,235,870 Facilities Maintenance 1,067,257 1,273,386 1,203,003 1,360,008 Fleet Services 1,123,572 1,362,160 1,299,581 1,348,113 Personnel Additions - - 1,089,990 1,000,000 Raises/Health Care - - 2,257,993 2,000,000 CIP Debt and Cash Items - - 1,579,000 2,700,000 TOTAL EXPENDITURES 44,191,926 47,764,874 57,707,420 64,910,502 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 OTHER REVENUES TRANSFER IN TOTAL REVENUES & TRANSFERS EXPENDITURES INVESTMENT INCOME 3 of 28 149 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget Revenue & Expenditure Projections Fiscal Year 2023-2024 GENERAL FUND Transfer - CVB 115,000 115,000 115,000 115,000 Transfer - Special Events 40,000 40,000 40,000 40,000 Transfer - KTB - - - 10,000 Transfer - Utility - - - 850,000 Transfer - Parks Fund 2,831,823 2,831,823 3,201,823 2,810,000 Transfer - Tax Supported Debt Service - - - 7,000,000 Transfer - Trinity North 20,000 20,000 - - Transfer - G.F. Special Cap - - - - TOTAL TRANSFER OUT 3,006,823 3,006,823 3,356,823 10,825,000 47,198,749 50,771,697 61,064,243 75,735,502 OH COST ALLOCATION (6,346,469) (6,346,461) (6,691,461) (5,661,461) 17,688,461 21,507,222 28,191,833 26,681,802 3,818,761 6,684,611 (1,510,031) (10,972,522) 21,507,222 28,191,833 26,681,802 15,709,279 21,507,222 28,191,833 26,681,802 15,709,279 192 232 179 82 EXCESS/(DEFICIENCY) ENDING FUND BALANCE UNRESERVED FUND BALANCE Working Days in Fund Balance BEGINNING FUND BALANCE TRANSFER OUT TOTAL EXPENDITURES & TRANSFERS 4 of 28 150 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget Recreation Program Revenue 201,174 246,142 200,000 225,000 Athletic Program Revenue 59,320 102,469 50,000 65,000 Athletic & Recreation Facility Revenue 252,452 308,547 250,000 200,000 Pass Revenue 19,980 26,346 15,000 20,000 Total 532,926 683,505 515,000 510,000 Swimming Lessons 175,366 206,994 170,000 180,000 Entrance Fees 32,968 28,458 30,000 27,000 Concession Sales 1,411 1,829 1,000 1,000 Private Party Fees 90,823 88,407 90,000 90,000 Total 300,568 325,688 291,000 298,000 Rental Revenue 1,115 18,970 1,000 10,000 Program Revenue 1,640 1,719 1,200 2,000 Travel Commissions - 12,867 - 8,000 Membership Fees 8,189 8,392 6,000 7,500 Total 10,944 41,948 8,200 27,500 TOTAL CHARGES FOR SERVICES 844,438 1,051,141 814,200 835,500 Horizon Lease Payment 2,137 217,723 90,000 150,000 Miscellaneous 30,165 7,064 20,000 6,500 Interest Income 8,499 25,628 1,000 1,000 TOTAL OTHER INCOME 40,801 250,415 111,000 157,500 TOTAL REVENUES 885,239 1,301,556 925,200 993,000 Transfer - General Fund 2,831,823 2,946,823 3,201,823 2,810,000 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 50,000 TOTAL TRANSFERS 3,166,668 3,281,668 3,536,668 3,159,845 4,051,907 4,583,224 4,461,868 4,152,845 Non-Departmental 5,419 Parks & Recreation 2,420,504 2,486,160 2,789,536 2,909,278 Aquatic Park 494,546 533,187 570,515 499,840 Community Center 223,734 292,186 231,131 271,919 Capital - - - - TOTAL EXPENDITURES 3,144,203 3,311,533 3,591,182 3,681,037 OH COST 1,014,398 1,014,398 1,014,398 1,014,398 1,291,257 1,184,563 1,441,856 1,298,144 (106,694) 257,293 (143,712) (542,590) 1,184,563 1,441,856 1,298,144 755,554 104 122 105 60 TRANSFER IN PARKS FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 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 5 of 28 151 2020-21 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget CHARGES FOR SERVICES 13,237,882 15,875,716 14,594,765 14,594,765 7,774,920 8,289,562 8,571,849 8,571,849 8,964 5,940 8,000 8,000 441,270 486,114 425,000 425,000 182,786 267,425 180,000 180,000 17,404 128,754 18,000 18,000 146,662 53,016 125,000 125,000 Recycling Billing 75,838 - - - Recycling Education Contribution 36,000 36,000 36,000 36,000 21,921,726 25,142,527 23,958,614 23,958,614 TRANSFERS IN 100,000 100,000 100,000 100,000 - - - - - - 850,000 Transfer - Capital Projects - Water meters - - - - - - - - 100,000 100,000 100,000 950,000 TOTAL REVENUES & TRANSFERS 22,021,726 25,242,527 24,058,614 24,908,614 EXPENDITURES 12,235 24,629 452,000 327,000 4,260,257 4,767,622 4,570,663 4,698,074 1,111,757 1,056,856 1,282,055 1,342,594 1,730,545 2,109,347 1,713,525 1,773,376 1,348,784 1,489,324 1,617,937 1,716,329 2,348,927 2,607,782 2,941,383 4,043,283 Storm Water - Engineering 13,471 21,764 63,100 63,503 Storm Water - Streets & Drainage 134,642 140,920 183,718 193,377 Environmental 124,522 112,083 137,000 138,500 Capital - - - - 11,085,140 12,330,327 12,961,381 14,296,036 TRANSFERS OUT - - - - 7,720,000 6,000,000 6,000,000 7,000,000 - - - - - - - TOTAL TRANSFERS OUT 7,720,000 - 6,000,000 6,000,000 7,000,000 18,805,140 19,149,708 18,961,381 21,296,036 OH COST 4,994,365 5,153,630 5,498,630 4,448,630 6,305,512 4,527,733 5,466,922 5,065,525 (1,777,779) 939,189 (401,397) (836,052) 4,527,733 - 5,466,922 5,065,525 4,229,473 69 82 76 60 TOTAL REVENUES Water Service Wastewater Service UTILITY FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 Reconnect Fees Penalties Tap Connection Fees Interest Income Miscellaneous Waste Water Utility Administration Streets & Drainage TOTAL EXPENDITURES Transfer - Storm Water Utility Fund TOTAL TRANSFERS IN Non-Departmental Water Production Water Distribution Transfer - CIP Transfer - Capital Projects - Streets Transfer - General Fund 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 6 of 28 152 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget Revenues 8,881,216 9,485,693 6,541,880 8,444,325 20,220 34,719 25,000 25,000 100 - - 14,112 25,735 25,000 25,000 3,746 65,249 40,000 40,000 Bond Proceeds 7,587,000 12,225,000 -- Bond Premiums 783,429 817,990 - - - -- - 17,289,823 22,654,385 6,631,880 8,534,325 TOTAL REVENUES & TRANSFERS 17,289,823 22,654,385 6,631,880 8,534,325 EXPENDITURES Refunding Bonds - 2011/2002 698,896 703,456 - - Refunding Bonds - 2012/2003 &2007 225,262 222,825 224,025 - 151,506 153,356 155,031 151,031 Refunding Bonds - 2013/2004 GF/Utility 372,050 371,750 373,700 372,750 Refunding Bonds - 2014/2006 GF/Utility 268,264 268,893 269,361 268,447 Refunding Bonds - 2015/2005 &2007 GF/Utility 852,686 688,398 685,950 688,602 Refunding Bonds - 2020/2010 &2010A 806,445 815,681 811,912 807,012 Certificates of Obligation - 2014 221,886 221,476 221,467 221,502 Certificates of Obligation - 2016 1,133,488 1,131,913 947,726 948,513 Certificates of Obligation - 2018 1,084,184 1,085,085 1,085,310 913,860 Certificates of Obligation - 2019 995,971 992,717 991,709 992,329 Certificates of Obligation - 2020 253,309 253,938 253,500 252,813 Certificates of Obligation - 2021 - 492,860 491,738 491,738 Certificates of Obligation - 2022 - - 935,530 933,975 Governmental Capital 10 year note (2)112,263 112,165 112,263 112,165 Equipment Capital Lease 10 year Oshkosh 135,693 135,693 135,693 135,693 Governmental Capital 3 year note (1) 220,279 - - - Refunding of 2010 and 2010A Cos 159,440 250,245 200,000 200,000 TOTAL EXPENDITURES 7,691,622 7,900,450 7,894,915 7,490,430 Transfer - General Fund - - - - - - Transfer - CIP - 12,780,000 - - - - TOTAL EXPENDITURES & TRANSFERS 7,691,622 20,680,450 7,894,915 7,490,430 8,120,966 1,973,935 (1,263,035) 1,043,895 1,949,275 10,070,241 12,044,176 10,781,141 10,070,241 12,044,176 10,781,141 11,825,036 BEGINNING FUND BALANCE ENDING FUND BALANCE Certificates of Obligation - 2013 Fiscal Agent Fees & Other TRANSFER OUT EXCESS (DEFICIENCY) GENERAL DEBT SERVICE Revenue & Expenditure Projections Fiscal Year 2023-2024 Ag. Roll Back Taxes TOTAL REVENUES Current Property Taxes Delinquent Property Taxes Penalty & Interest Investment Income Misc Income 7 of 28 153 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget CHARGES FOR SERVICES -1,084 3,400 - -- -1,040,825 -- --- Fees 476,860 482,372 450,000 450,000 Gain on Refunding - - - 2,664 133,296 - - 482,924 1,657,577 450,000 450,000 TRANSFERS IN Transfers In - EDC 4A 305,714 305,759 306,118 305,849 Water/Sewer Impact Fees 1,000,000 750,000 750,000 750,000 SLFRF Fund Transfer - - - 11,032,945 Revenue Supported Debt Balance Transfer - - - - Transfers In - Utility Fund 7,720,000 6,000,000 6,000,000 7,000,000 Transfer In - General Fund 7,000,000 Premium - - - 9,025,714 7,055,759 7,056,118 26,088,794 TOTAL REVENUES & TRANSFERS 9,508,638 8,713,336 7,506,118 26,538,794 EXPENDITURES Certificates of Obligation - 2007 - --- Certificates of Obligation - 2010 - - - Certificates of Obligation - 2010A - - - General Obligation Refunding Bonds - 2011 220,704 222,144 - - Revenue Refunding Bonds 2012 (03,07,08)75,088 74,275 74,675 - General Obligation Refunding Bonds - 2013 1,488,200 1,487,000 1,494,800 1,491,000 General Obligation Refunding Bonds - 2014 1,309,760 1,312,832 1,315,144 1,310,653 General Obligation Refunding Bonds - 2020 263,302 266,319 265,088 263,488 Cetificate of Obligation - 2014 1,363,019 1,360,493 1,360,439 1,360,654 Cetificate of Obligation - 2015 827,350 820,450 817,850 817,425 Cetificate of Obligation - 2015 Refunding 401,264 323,952 322,800 324,048 Cetificate of Obligation - 2016 485,780 485,106 406,168 406,506 Cetificate of Obligation - 2018 120,464 120,565 120,590 101,540 Cetificate of Obligation - 2019 610,434 608,439 607,822 608,202 Cetificate of Obligation - 2020 759,933 761,813 760,500 758,438 Cetificate of Obligation - 2021 - 54,762 54,625 54,638 Cetificate of Obligation - 2021 - - 623,687 622,650 Fees/Cost of Issuance 3,378 175,326 20,000 20,000 Transfer - CIP - 8,520,000 TOTAL EXPENDITURES 7,928,676 8,073,476 8,244,188 8,139,242 1,579,962 639,860 (738,070) 18,399,552 3,583,686 5,163,648 5,803,508 5,065,438 5,163,648 5,803,508 5,065,438 23,464,990 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 2023-2024 8 of 28 154 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget CITY SALES TAXES Sales Tax Revenues 4,562,301 5,247,789 6,000,000 6,000,000 Investment Income 6,560 92,091 - 50,000 Bond Proceeds - - - - Miscellaneous Revenue - 2,163 - - TOTAL REVENUES 4,568,861 5,342,043 6,000,000 6,050,000 EXPENDITURES Personnel Services 462,588 452,601 503,076 540,322 Contractual Services 36,287 34,171 211,500 261,500 Marketing 150,651 270,982 425,000 425,000 Supplies 10,490 14,617 18,300 20,000 Maintenance 2,786 368 1,500 1,500 Building Roof Maintenance - 136,799 - - Economic Development Incentives 159,391 193,604 600,000 3,130,000 Grant Program 5,594 3,264 75,000 75,000 Debt Service - Land 607,488 607,968 607,920 607,344 Capital SUV - - 65,000 - Captial Outlay - Parking Lot Improvements - - - 1,000,000 Capital Outlay-Generator - - 225,000 225,000 Capital Outlay-Fiber Loop - - 900,000 - Capital Outlay - Other Equipment - - - 40,000 Sales Tax Rebate 137,009 214,940 271,000 290,000 TOTAL EXPENDITURES 1,572,284 1,929,314 3,903,296 6,615,666 TRANSFERS OUT Transfer Out - General Fund BPP - - - - Transfer Out - GF Cap Contribution - - - - Transfer Out - GDSF 151,206 153,356 155,031 151,531 Transfer Out - GDSF 244,396 244,432 244,718 244,503 Transfer Out - GDSF 49,610 49,671 50,233 49,985 Transfer Out - UFDS 305,714 305,759 306,118 305,849 TOTAL TRANSFERS OUT 750,926 - 753,218 756,100 751,868 TOTAL EXPENDITURES 2,323,210 2,682,532 4,659,396 7,367,534 OH COST 71,380 71,376 71,380 91,380 EXCESS (DEFICIENCY) 2,174,271 2,588,135 1,269,224 (1,408,914) BEGINNING FUND BALANCE 10,137,981 12,312,252 14,900,387 16,169,611 ENDING FUND BALANCE 12,312,252 14,900,387 - 16,169,611 - 14,760,697 ECONOMIC DEVELOPMENT - TYPE A SALES TAXES Revenue & Expenditure Projections Fiscal Year 2023-2024 9 of 28 155 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget CITY SALES TAXES 4,562,301 4,872,424 6,000,000 6,000,000 4,779 69,569 - 50,000 Miscellaneous 1,000 1,200 4,568,080 4,943,192 6,000,000 6,050,000 TRANSFERS IN Transfer from General Fund - - Transfer from Capital Projects Fund - - TOTAL TRANSFERS IN - - - - - - TOTAL REVENUES & TRANSFERS 4,568,080 4,943,192 6,000,000 6,050,000 EXPENDITURES-OPERATIONAL 193,206 154,252 125,971 185,425 45,363 54,324 73,000 90,000 1,989 2,630 8,650 8,750 39,587 49,903 47,600 57,936 Existing Park Improvements - - - - Early Prinicipal Payment - - - - Park Dedication Fee - - - - Sales Tax Rebate 137,009 214,940 201,500 241,500 8,273 0 - - 425,427 476,048 456,721 583,611 TRANSFERS OUT Trnsfr Out - GDSF (Complex Debt)- - - Trnsfr Out - Parks Fd (Five Star Maint.)165,000 165,000 165,000 165,000 Trnsfr Out - GDSF (Hike & Bike Trail)131,000 131,288 881,000 881,000 Trnsfr Out GDSF (Parking Lot)66,091 65,265 123,000 123,000 Trnsfr Out - Parks Fund (Personnel)134,845 134,845 134,845 134,845 Trnsfr Out - Park Improvement - - - - - TOTAL TRANSFERS OUT 496,936 - 496,398 1,303,845 1,303,845 TOTAL EXPENDITURES & TRANSFERS 922,363 - 972,446 1,760,566 1,887,456 OH COST 35,690 35,690 35,692 35,692 3,610,027 3,935,056 4,203,742 4,126,852 2,671,776 6,281,803 10,216,859 14,420,601 6,281,803 10,216,859 14,420,601 18,547,453 Sales Tax Revenues Investment Income COMMUNITY DEVELOPMENT - TYPE B SALES TAXES Revenue & Expenditure Projections Fiscal Year 2023-2024 TOTAL EXPENDITURES EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE TOTAL REVENUES Personnel Services Capital Outlay Contractual Services Supplies Maintenance 10 of 28 156 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget REVENUES Assessment 1,672,426 902,327 1,304,422 - Interest Income 722 16,553 - - Misc - - - - TOTAL REVENUES 1,673,148 918,880 1,304,422 - EXPENDITURES Personnel Services 400,734 703,813 285,166 288,533 Contractual Services 578,215 693,080 701,100 701,100 Supplies 579 974 1,000 1,000 Maintenance & Utility 71,638 163,600 243,000 197,000 Inspections - - - - Capital Outlay - - - - TOTAL EXPENDITURES 1,051,167 1,561,467 1,230,266 1,187,633 ADDED ENHANCEMENT SERVICES - INSPECTIONS - - 9,040 78,903 621,981 (642,586) 65,116 (1,266,536) 749,348 1,371,329 728,743 793,859 1,371,329 728,743 793,859 (472,677) BEGINNING FUND BALANCE ENDING FUND BALANCE TIRZ ONE PID Revenue & Expenditure Projections Fiscal Year 2023-2024 EXCESS (DEFICIENCY) 11 of 28 157 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget REVENUES Court Security Revenue 20,414 28,970 20,000 20,000 Investment Income TOTAL REVENUES 20,414 28,970 20,000 20,000 EXPENDITURES Personnel Services - - - - Contractual Services 2,282 600 - - Supplies - - 3,500 4,000 Maintenance - - - - - Capital Outlay 10,761 - - TOTAL EXPENDITURES 2,282 11,361 3,500 4,000 18,132 17,608 16,500 16,000 266,576 284,708 302,316 318,816 284,708 302,316 318,816 334,816 BEGINNING FUND BALANCE ENDING FUND BALANCE EXCESS (DEFICIENCY) COURT SECURITY Revenue & Expenditure Projections Fiscal Year 2023-2024 12 of 28 158 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget REVENUES Court Technology Revenue 16,812 23,910 16,000 16,000 Investment Income - - - - TOTAL REVENUES 16,812 23,910 16,000 16,000 EXPENDITURES Contractual Services - - - - Supplies/ copiers/Telephone 190 - - 1,000 Maintenance - Tyler/Duncan Parking Tech 18,576 13,497 20,000 20,000 Non-Capital Capital Outlay - - - - Overhead Costs TOTAL EXPENDITURES 18,766 13,497 20,000 21,000 (1,954) 10,413 (4,000) (5,000) 37,360 35,406 45,819 41,819 35,406 45,819 41,819 36,819 ENDING FUND BALANCE EXCESS (DEFICIENCY) BEGINNING FUND BALANCE COURT TECHNOLOGY Revenue & Expenditure Projections Fiscal Year 2023-2024 13 of 28 159 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget REVENUES Juvenile Case Manager Fee 40,488 42,407 - 40,000 Investment Income TOTAL REVENUES 40,488 42,407 - 40,000 EXPENDITURES Personnel Services - - - - TOTAL EXPENDITURES - - - - 12,986 42,407 - 40,000 12,986 12,986 55,393 55,393 12,986 55,393 55,393 95,393 ENDING FUND BALANCE JUVENILE CASE MANAGER FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 14 of 28 160 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget REVENUES Commercial Vehicle Fee/Weight 4,060 9,454 - 5,000 Investment Income TOTAL REVENUES 4,060 9,454 - 5,000 EXPENDITURES Personnel Services - - - 32 Contractual Services - - 500 Supplies 953 - - Maintenance - - - Capital Outlay - - - TOTAL EXPENDITURES - 953 - 532 4,060 8,501 - 4,468 300 4,360 12,861 12,861 4,360 12,861 12,861 17,329 ENDING FUND BALANCE COMMERCIAL VEHICLE FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 15 of 28 161 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget REVENUES Court Time Payment Fee 2,400 4,806 - 3,000 Investment Income - - - - Transfer In - General Fund - - - - TOTAL REVENUES 2,400 4,806 - 3,000 EXPENDITURES Personnel Services - - - - Contractual Services - - - - Supplies - - - - Maintenance 7,125 6,954 - Capital Outlay - - - - TOTAL EXPENDITURES 7,125 6,954 - - (4,725) (2,148) - 3,000 33,838 29,113 26,965 26,965 29,113 26,965 26,965 29,965 ENDING FUND BALANCE COURT TIME PAYMENT FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 16 of 28 162 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget REVENUES 1,238,964 1,256,518 1,000,000 1,000,000 Reimbursement Tribute PTNRS 10,572 1,249,536 1,256,518 1,000,000 1,000,000 TOTAL REVENUES & TRANSFERS 1,249,536 1,256,518 1,000,000 1,000,000 EXPENDITURES Contractual Servics 36,575 32,924 - - Maintenance - 744,381 - - Capital Outlay 1,259,243 115,350 1,000,000 1,000,000 TOTAL EXPENDITURES 1,295,818 892,655 1,000,000 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 1,445,818 1,042,655 1,150,000 1,150,000 (196,282) 213,863 (150,000) (150,000) 1,149,698 953,416 1,167,279 1,017,279 953,416 1,167,279 1,017,279 867,279 Storm Water Utility Fees STORM WATER UTILITY FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE TOTAL REVENUES Transfer - General Fund Transfer - Utility CIP Transfer - Utility Fund 17 of 28 163 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget IMPACT FEES Water Impact Fees 401,177 718,332 400,000 400,000 Sewer Impact Fees 199,868 344,883 200,000 200,000 Investment Income - - - - TOTAL REVENUES 601,045 1,063,215 600,000 600,000 EXPENDITURES Water Impact Fee Reimbursement - - - - Sewer Impact Fee Reimbursement 231,272 28,434 240,000 240,000 Contractual Services - Water Master Plan - - - - TOTAL EXPENDITURES 231,272 28,434 240,000 240,000 TRANSFERS OUT: Transfer - Capital Project Admin - - - Transfer - Utility Revenue Debt Service 1,000,000 750,000 750,000 750,000 TOTAL TRANSFERS OUT 1,000,000 750,000 750,000 750,000 TOTAL EXPENDITURES & TRANSFERS 1,231,272 778,434 990,000 990,000 EXCESS (DEFICIENCY)(630,227) 284,781 (390,000) (390,000) BEGINNING FUND BALANCE 1,704,317 1,074,090 1,358,871 968,871 ENDING FUND BALANCE 1,074,090 1,358,871 968,871 578,871 WATER/SEWER IMPACT FEES FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 18 of 28 164 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget HOTEL/MOTEL TAXES Taxes 1,044,986 1,088,765 1,000,000 1,000,000 Miscellaneous - 1,442 - - 1,044,986 1,044,986 1,000,000 1,000,000 TRANSFERS IN Transfer from - General Fund 115,000 115,000 115,000 115,000 TOTAL TRANSFERS IN 115,000 115,000 115,000 115,000 TOTAL REVENUES & TRANSFERS 1,159,986 1,159,986 1,115,000 1,115,000 EXPENDITURES Communications 115,232 119,818 128,424 129,674 9,242 10,099 12,940 14,740 2,589 1,384 1,460 4,050 Maintenance - - - 900 321,742 337,250 393,475 396,327 Contractual Services 790,155 391,364 662,106 689,575 15,357 12,744 9,300 12,000 Maintenance - 5,623 - 24,190 634,991 0 275,000 275,000 5,697 6,996 - - 1,895,005 885,278 1,482,705 1,546,456 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 2,345,005 1,335,278 1,682,705 1,746,456 OH COST 35,688 35,691 35,691 35,691 (1,220,707) (210,983) (603,396) (667,147) 1,602,102 381,395 170,412 (432,984) 381,395 170,412 (432,984) (1,100,131) TOTAL REVENUES HOTEL/MOTEL TAX FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE Personnel Services Contractual Services Supplies CVB Personnel Services Capital Items TOTAL EXPENDITURES Supplies NFM HOT Reimbursements 19 of 28 165 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget CHARGES FOR SERVICES 310,022 335,138 300,000 300,000 Concession Revenues 213 0 - - Tribute Lease 239,375 151,074 220,000 220,000 Old American Lease 35,855 0 - - Blue Sky 12,090 12,732 12,000 12,000 Marine Quest 195,395 216,250 90,000 90,000 - Mitigation Fees - - - - 792,950 715,195 622,000 622,000 TOTAL REVENUES & TRANSFERS 792,950 715,195 - 622,000 622,000 EXPENDITURES 9,631 10,044 25,000 30,300 78,042 80,623 86,850 95,950 5,378 4,829 13,850 12,250 162,845 64,218 35,650 46,000 Non-Capital - Other Equipment 276,076 - - - 198,076 32,484 330,000 - 730,048 192,197 - 491,350 184,500 TRANSFERS OUT 35,000 35,000 35,000 50,000 TOTAL TRANSFERS OUT 35,000 35,000 - 35,000 50,000 765,048 227,197 - 526,350 234,500 27,902 487,998 - 95,650 387,500 1,051,462 1,079,364 - 1,567,362 - 1,663,012 1,079,364 1,567,362 - 1,663,012 2,050,512 Maintenance ENDING FUND BALANCE Capital Outlay TOTAL EXPENDITURES Transfer to Parks Fund TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) BEGINNING FUND BALANCE Investment Income Miscellaneous TOTAL REVENUES Contractual Services Supplies Part Time Temporary Personel Fees & Permits LAKE PARKS FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 20 of 28 166 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget REVENUES Donations & Sponsorships 13,102 25,440 13,000 13,000 17,102 36,737 17,000 17,000 30,204 62,177 30,000 30,000 TRANSFERS IN 40,000 345,000 40,000 40,000 450,000 200,000 200,000 200,000 490,000 545,000 240,000 240,000 TOTAL REVENUES & TRANSFERS 520,204 607,177 270,000 270,000 EXPENDITURES Personnel 129,420 152,330 140,873 150,779 Supplies - 13,125 3,000 - Christmas 5,374 5,246 7,500 7,500 Christmas Light Show Supplemental 47,798 50,000 50,000 65,000 Christmas Light Show Base - - - Liberty by The Lake 73,868 85,778 96,000 96,000 American Heroes 208,500 219,560 213,000 245,000 Parent Child Event 5,666 5,399 6,550 6,550 Halloween Campout 7,981 6,120 6,000 - Easter Egg Hunt 4,091 4,532 6,000 6,500 Event Marketing 2,996 2,467 3,500 3,500 Arbor Day 1,500 737 2,500 2,500 Movies In The Park 5,304 6,448 6,000 6,000 Kids Chase/Up, Up & Away(15-16)2,681 3,506 4,000 4,000 Back To School 2,161 2,061 1,900 1,900 Bow Wow Pow Wow 1,425 2,302 1,800 2,000 Road Runners Club 10,000 10,000 10,000 10,000 N TX Food Pantry 1,300 8,000 5,000 5,000 Chamber Golf Tourney - 0 6,000 6,000 Lakeside Community Theatre 12,000 12,000 12,000 12,000 Metro Relief - - - - TOTAL EXPENDITURES 522,065 589,612 581,623 630,229 OH COST 35,688 35,670 35,670 35,670 (37,549) (18,105) (347,293) (395,899) 40,921 3,372 (14,733) (362,026) 3,372 (14,733) (362,026) (757,925) Event Revenues SPECIAL EVENTS FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 ENDING FUND BALANCE TOTAL REVENUES Transfer from - General Fund Transfer from - Hotel/Motel Tax TOTAL TRANSFERS IN EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 21 of 28 167 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget REVENUES One Dollar Donation 287 257 300 300 Recycling Rebate Donation - - - - Investment Income - - - - TOTAL REVENUES 287 257 300 300 EXPENDITURES Contractual Services - - - - TOTAL EXPENDITURES - - - - 287 257 300 300 9,847 10,134 10,391 10,691 10,134 10,391 10,691 10,991 BEGINNING FUND BALANCE ENDING FUND BALANCE EXCESS (DEFICIENCY) CITIZEN DONATION FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 22 of 28 168 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget REVENUES Child Safety Fund Revenue 1,756 2,651 1,700 1,700 Denton County Child Safety Fund 49,195 49,330 49,000 49,000 50,951 51,981 50,700 50,700 TOTAL REVENUES & TRANSFERS 50,951 51,981 50,700 50,700 EXPENDITURES Child Advocacy Center 30,535 - 59,500 65,608 TOTAL EXPENDITURES 30,535 - 59,500 65,608 TRANSFER OUT Transfer - General Fund 10,000 10,000 10,000 10,000 TOTAL TRANSFER OUT 10,000 10,000 10,000 10,000 40,535 10,000 69,500 75,608 10,416 41,981 (18,800) (24,908) 34,273 44,689 86,670 67,870 44,689 86,670 67,870 42,962 ENDING FUND BALANCE TOTAL REVENUES TOTAL EXPENDITURES & TRANSFERS CHILD SAFETY FUND Revenue & Expenditure Projections Fiscal Year 2023-2024 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 23 of 28 169 2020-2021 2021-2022 2022-2023 2023-2024 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 524 609 2,200 2,200 Contractual Services - - - 300 Supplies 4,339 25 11,700 11,700 Maintenance - - - - TOTAL EXPENDITURES 4,863 634 13,900 14,200 TRANSFERS OUT General Fund - - - - 4,863 634 13,900 14,200 (4,863) (634) (3,900) (4,200) 6,696 1,833 1,199 (2,701) - 1,833 1,199 (2,701) (6,901) ENDING FUND BALANCE TOTAL REVENUES Transfer In - General Fund TOTAL TRANSFERS IN TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) KEEP THE COLONY BEAUTIFUL Revenue & Expenditure Projections Fiscal Year 2023-2024 BEGINNING FUND BALANCE 24 of 28 170 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Budget Budget REVENUES 5,505,556 5,527,317 - - 72 - - - 5,505,628 5,527,317 - - TOTAL REVENUES & TRANSFERS 5,505,628 5,527,317 - - TRANSFERS OUT - - - 11,032,945 - - - - TOTAL TRANSFERS OUT - - - 11,032,945 - - - 11,032,945 5,505,628 5,527,317 - (11,032,945) - 5,505,628 11,032,945 11,032,945 5,505,628 11,032,945 11,032,945 0 Interest SLFRF Fund Revenue & Expenditure Projections Fiscal Year 2023-2024 SLFRF Revenue ENDING FUND BALANCE TOTAL REVENUES Transfer - Tax Debt Fund Transfer - Utility Fund TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 25 of 28 171 DEPT 2024 GENERAL DESCRIPTION Fac Maintenance 50,000 Mr. Yu's van replacement for 6805 Eng 50,000 Ford 150 (4-door) Water Dist 80,000 Service truck 2 door wide utility bed dually , 3500 or 350 Waste Water 80,000 Service truck 2 door wide utility bed dually , 3500 or 350 Streets& Drainage 65,000 4x4 truck 4 door with service tool box, power inverter, led light bar, winch. 3500 or 350 Streets& Drainage 65,000 4x4 truck 4 door with service tool box, power inverter, led light bar. 3500 or 350 CVB 45,000 Wrapped Ford Crew Transit Van or equivalent 435,000 Fleet 20,000 Cantilever Vehicle Storage Cover 18'D x 30'L x 14'H (One Section 3 cars) Animal Shelter 25,000 3 Porch awnings for new building Animal Shelter 6,000 Stainless steel dog bathing tub Streets& Drainage 355,500 Public Works Building restroom/locker-room expansion Streets& Drainage 5,000 Bin Blocks 6'L x 2'H x 2'W (Qty 20) (Base for Sand Storage) Streets& Drainage 11,500 Econoline Storage Building 30'W x 15'H x 30'L (Sand Storage) Fac Maintenance 15,000 Repair dumpster encloser at Trinity Bldg Fac Maintenance 100,000 Remodel restrooms at Police Headquarters Fac Maintenance 149,000 New 30 year roof at Annex Bldg Fac Maintenance 125,000 Fire Station 1, 2 & 3 building repairs Fac Maintenance 20,000 Paint exterior at Office Creek Fac Maintenance 15,000 Replace and repair aging gate operators and rollers Fac Maintenance 20,000 New fence and repair old fence at Animal Services 867,000 Fleet 9,702 Pro-link Edge Master Heavy Vehicle Scanner IT 80,000 Core Network Switches IT 25,000 CH Video Surveillance Server Replacement IT 92,000 Managed Detection & Response IT 14,000 Windows Update Software IT 10,000 Mobile Device Management IT 15,000 Palo XDR Data Lake Eng 2,100 AutoCAD License Renewal Dispatch 23,000 NICE Inform Voice Product server upgrade - End of Life Police 30,000 Online police report software Streets& Drainage 6,200 MRP HP latex 64" Plotter and cutter w/stand works with HP printer (to replace old plotter) Streets& Drainage 27,000 1737 Evo Air Plus pneumatic application table and sign press (to replace handmade table and press) 334,002 Fleet 11,000 Vehicle lift heavy equipment extension arms Fleet 6,000 Auto Ride-On Floor Scrubber, 22" Cleaning Path Fleet 15,000 DEF Fuel Additive Storage Tank 1000 Gal City Sec 10,000 NextRequest - Public Information Management System to better handle information requests between departments. Dev & Planning 30,000 Stategic Focus Area strategies of the Comprehensive Plan Court 8,700 HON lateral file cabinets Parks 35,000 Mowing Deck Eng 60,000 Tribute Water Well # 5 Design Fire 60,000 Additional of 9 Thermal Imaging Cameras Fire 65,000 CAT2 SCBA Air Tracking System Fire 400,000 Expansion of Fire Department Training Field Police 259,000 Body and dash cameras Water Dist 12,000 Ingersoll Rand Gas-Power Air Comp — 14 HP (Qty 3) Water Dist 5,600 Cargo Express 6X10 Single 3K Enclosed Trailer Waste Water 50,000 UV Treatment Racks Water Production 35,000 Self contained breathing apparatus SCBA replacements (qty 10) Streets& Drainage 23,697 2 - 9 ft. snow plow attachments for new 4x4 trucks Streets& Drainage 31,148 3 - 2 cu yd. stainless steel eclectic sand/melt spreader for fleet pickups Streets& Drainage 49,691 3 - 4.5 cu yd. stainless steel eclectic sand/melt spreader for dump trucks 1,166,836 EQUIPMENT/ENHANCEMENTS EQ/ENH TOTAL BUILDING TOTAL COMPUTERS, SOFTWARE/HARDWARE COMPUTER TOTAL COMPREHENSIVE IMPROVEMENT PLAN SUMMARY FY 2023/2024 VEHICLES VEHICLE TOTAL BUILDING EXPANSION, REN0VATION, MAINTENANCE Page 1 of 3 26 of 28 172 DEPT 2024 GENERAL DESCRIPTION COMPREHENSIVE IMPROVEMENT PLAN SUMMARY FY 2023/2024 Streets& Drainage 30,000 Small steel wheel breakdown roller (to replace 399E) 30,000 Fire 75,000 Replacement of 2017 Assistant FM Truck (reassigned to Fire Inspector) Fire 385,000 Replacement of 2017 Road Rescue Ambulance (Medic 13) Dispatch 24,000 Dispatch Portable Radios (3)- End of Life Police 451,500 Replace 5 police cars Police 425,000 Replace end of life handheld police radios Police 25,000 Rehab amored vehicle 1,385,500 Engineering 10,000,000 Residential Concrete Street Reconstruction (Phase 14) (Bogard, King, Kean, Knox, Norris & Larner) Engineering 1,500,000 Residential Alley Reconstruction - Design Service & Construction Cost Engineering 50,000 Various Bridge Repair from TxDOT Bridge Report Engineering 50,000 Add Lane Markers & Reflectors to Lebanon Road Engineering 100,000 Add 3 crosswalks and Rectangular Rapid-flash Beacons (RRFB) on Lebanon Road Engineering 100,000 Lift Standridge Lane pavement where uneven Engineering 500,000 Lift Lebanon Road pavement at Tribute where uneven Engineering 400,000 Traffic Signal at Intersection of FM 423 and Nash (New City Hall) Engineering 370,000 Traffic Signal at S. Colony and Floor & Décor Entrance Engineering 30,000 Street Lights-Citizens Request (Operations) Engineering 25,000 School Zone Flasher Replacements/Upgrades Engineering 150,000 Replace/Upgrade Traffic Light Controllers, Cameras and Preemption Engineering 200,000 Tribute Water Ponding- City Portion (HOA will match this amount) (SW Utility Funding) Engineering 400,000 Miscellaneous Drainage and Erosion Control Projects (SW Utility Funding) Engineering 250,000 Replace 500 feet of Stormwater Pipe at Dave Cowan Park (SW Utility Funding) Engineering 150,000 Stream Bank Protection (North of Turner Bridge) - Gabion retaining wall (SW Utility Funding) Engineering 1,600,000 Sutton Channel Repair from Blair Oaks culvert to Good Sheppard Church (SW Utility Funding) Engineering 300,000 Miscellaneous Office Creek Channel Repairs (SW Utility Funding) Streets& Drainage 300,000 Pavement marking maintenance for streets and thoroughfares 423 pavement marking (to be done by TX DOT 2023) 16,475,000 Engineering 200,000 Sanitary Sewer Pipe at Reagan Place - Aerial Crossing- Consultant's Fees Engineering 1,000,000 Sanitary Sewer Pipe at Reagan Place - Aerial Crossing- Construction Cost Engineering 75,000 Condition Assessment-Trunk Sewer Line from ML-1 across USACE property to Ridge Pointe and Forcemain from ML-1 to Gravity Line Along Curry Water Distribution 50,000 Sewer main rehab (10 manholes) 1,325,000 22,018,338 CIP GRAND TOTAL STREETS STREETS TOTAL WATER AND WASTEWATER PROJECTS WATER/WW TOTAL HEAVY EQUIPMENT HEAVY EQUIP TOTAL EMERGENCY VEHICLES & EQUIPMENT EMER VEHICLE TOTAL Page 2 of 3 27 of 28 173 DEPT 2024 GENERAL DESCRIPTION COMPREHENSIVE IMPROVEMENT PLAN SUMMARY FY 2023/2024 75,000 Replace truck 550 with F250 Heavy duty super cab with utility boxes SUBTOTAL 825 75,000 500,000 Ballfield Light Replacements - LED (Turner) 450,000 Aquatic Park Renovation & Upgrades - Aquatic consultant to plan necessary improvement phases 775,000 Park Loop Trail 1A - West to East 10' wide trail connection of Squires and Taylor 500,000 Pickleball Courts at New Rec Center 50,000 Top Dresser 50,000 Tennis and Basketball Court Resurfacing - Bridges Tennis & Kids Colony BB Court 100,000 Covered parking for 5 Star maintenance yard vehicles SUBTOTAL 825 2,425,000 2,500,000 GRAND TOTAL for 825 EQUIPMENT/ENHANCEMENTS VEHICLES 825 FUND Page 3 of 3 28 of 28 174 Agenda Item No:5.5 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider the proposed 2024 tax rate of $.6425 per $100 of property valuation and setting the date for public hearings on the budget, tax rate, and Grandscape PID assessment on September 5th, 2023. In addition, approval of the 2023-2024 fee schedule, tax rate, budget, and PID assessment on September 19th, 2023. (Miller) Suggested Action: Attachments: 175 Agenda Item No:5.6 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: 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 2023-24, and schedule a public hearing for September 5, 2023, concerning the levy of special assessments. (Maurina) Suggested Action: Attachments: The Colony Grandscape PID - SAP - 2023-24 Annual Service and Assessment Plan.doc Res. 2023-xxx Prelim PID Assessment Plan.docx 176 1775.016\874945.7 City of The Colony Public Improvement District No. 1 Annual Preliminary Service and Assessment Plan Update (Assessment Year October 1, 2023 to September 30, 2024) Approved by City Council on August 15th, 2023 177 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 2 1775.016\874945.7 SECTION 1 INTRODUCTION Unless otherwise defined, all capitalized terms used in this "City of The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update (Assessment Year October 1, 2023 to September 30, 2024)" (this "SAP Update") shall have the meanings set forth in that certain City of The Colony Public Improvement District No. 1 Amended and Restated Service and Assessment Plan, originally approved on February 7, 2013, recorded in the real property records of Denton County, Texas as Document No. 2013-20487, and as updated and most recently amended, restated, and consolidated on January 19, 2021 (the "Service and Assessment Plan") by Ordinance No. 2021-2430 adopted by the City Council on January 19, 2021. Unless otherwise defined, all references to "Section" mean a section of this SAP Update, and all references to "Exhibit" mean an exhibit to this SAP Update. 1.1 On October 8, 2012, the City Council of the City of The Colony, Texas (the "City Council" and the "City") passed and approved Resolution No. 2012-073 creating The Colony Public Improvement District No. 1 (the "District") pursuant to Chapter 372, Texas Local Government Code, as amended (the "Act"). The District includes within its boundaries approximately 439.12 contiguous acres located within the corporate limits of the City south of and adjacent to the Sam Rayburn Tollway (State Highway 121), north of and adjacent to Plano Parkway, and west of Spring Creek Parkway which property is described by metes and bounds on Exhibit A and depicted on Exhibit A-1 (the "Property"). 1.2 The Act governs the process by which the Public Improvements Cost is allocated to and assessed against the Property. This process requires the preparation of an ongoing service plan (a "Service Plan"), an assessment plan (an "Assessment Plan"), and an assessment roll (an "Assessment Roll"). 1.3 The Act requires the preparation, and the presentment to, and review and approval by, the City Council, of a Service Plan that must: (1) cover a period of at least five years; (2) define the annual indebtedness and projected costs of the Public Improvements; and (3) include a copy of the notice form required by Section 5.014 of the Texas Property Code, as amended. The Service Plan must be reviewed and updated at least annually to determine the annual budget for the Public Improvements. The City Council may approve the Service Plan only by Ordinance; and, upon approval, a copy of the Service Plan must be filed with the County Clerk of Denton County, Texas, the County in which all of the District is located, not later than the seventh (7th) day after the date of such approval. The Service Plan is contained in Section 4. 1.4 The Act requires the Service Plan to include an Assessment Plan. The Assessment Plan assesses the Public Improvements Cost against the Property on the basis of the special benefits conferred upon the Property by the Public Improvements. The Public Improvements Cost may be assessed in any manner that results in imposing equal shares of the cost on Parcels similarly benefited. The special benefit of the Public Improvements is being apportioned by this Service and Assessment Plan to the Property in the amount of the Public Improvements Cost. The Assessment Plan is contained in Section 5. 178 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 3 1775.016\874945.7 1.5 The Act also requires the City Council to review and update the Service Plan annually for the purpose of determining the annual budget for the Public Improvements. The annual budget for the Public Improvements is contained in Section 6. The Act states that the Service Plan may be amended or updated only by Ordinance. Upon approval of an amendment or update of the Service Plan, including the notice form required by Section 5.014 of the Texas Property Code, as amended, the City Council shall file a copy of the amended or updated Service Plan with the County Clerk of Denton County, Texas, the County in which all of the District is located, not later than the seventh (7th) day after the date of such approval. 1.6 The Act requires the preparation of an Assessment Roll after the total Public Improvements Cost has been determined. The Assessment Roll must state the assessment against each Parcel determined by the method of assessment chosen by the City Council in the Assessment Plan. The assessment against a Parcel must be sufficient to pay the share of the Public Improvements Cost allocated to the Parcel and cannot exceed the special benefit conferred upon the Parcel. The Assessment Roll is contained in Section 7. 1.7 A summary of the chronological history of City Council actions for the District is attached as Exhibit F. SECTION 2 2013 FACILITY PUBLIC IMPROVEMENTS 2.1 The portion of the Property described as Grandscape Addition Lot 1/Block A consisting of 81.99 acres and identified as Denton Central Appraisal District ("Denton CAD") Tax Parcel No. 657618, and the portion of the Property described as Grandscape Additional Lot 2/Block A consisting of 25.48 acres and identified by Denton CAD Tax Parcel No. 657619 (collectively, the "Facility Property") is developed with a mixed-use facility which includes approximately 1,280,000 square feet for warehouse and distribution uses, approximately 25,000 square feet for a regional corporate headquarters, approximately 546,000 square feet for retail sales to the general public and surface and structured parking (collectively, the "Facility"). The development of the Facility Property required construction of the 2013 Public Improvements that specially benefit the Facility Property. 2.2.In connection with the 2013 Project Infrastructure Bonds to finance a portion of the costs of the 2013 Public Improvements, the City approved the Original Service and Assessment Plan for the District by adopting the 2013 Assessment Ordinance on February 7, 2013. The 2013 Assessment Ordinance levied an Assessment in the amount of $83,400,000.00 (the "2013 Facility Public Improvement Assessment") against the Facility Property for the portion of the 2013 Public Improvements Cost that the City Council determined conferred a special benefit on the Facility Property. As authorized by the Act, the 2013 Assessment Ordinance deferred the assessment of the remainder of the 2013 Public Improvements Cost in the amount of $11,400,000.00 for the portion of the 2013 Public Improvements that specially benefit the Related Development Property (the "2013 Related Development Deferred Assessment") until the portion of the Related Development Property that is specially benefited by the 2013 Public Improvements could be identified. The 2013 Assessment Ordinance also deferred the assessment of the Related Development Public Improvements Cost against the Related Development Property until the portion(s) of the Related Development Property that are specially benefited by 179 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 4 1775.016\874945.7 the Related Development Public Improvements could be identified. As described below, the City has levied and intends to continue levying Additional Facility Assessments against the Facility Property for costs of Additional Facility Public Improvements (that do not include the 2013 Public Improvements) and has levied and intends to continue levying Assessments against the Related Development Property for a portion of the costs of the Related Development Public Improvements (that do not include the 2013 Public Improvements). 2.3 The 2013 Facility Public Improvements have been constructed by or on behalf of the Corporations using, in part, the net proceeds of the 2013 Project Infrastructure Bonds. The 2013 Facility Public Improvements fall into the following categories: (i) water, wastewater, and drainage facilities or improvements, including sanitary sewer facilities, storm water detention and retention facilities, and utility relocations related to such improvements; (ii) street and roadway improvements, including related traffic signalization, signage, sidewalks, curbs, gutters, streetscape, landscaping, drainage improvements, and utility relocations related to such street and roadway improvements; (iii) mass transit facilities; (iv) park improvements, (v) landscaping; (vi) lighting and signage; (vii) pedestrian malls; and (viii) site improvements for any of the foregoing, including, but not limited to, grading, erosion control, wetlands mitigation, and floodplain reclamation. The 2013 Public Improvements are more particularly described in the engineering report titled PUBLIC IMPROVEMENTS REPORT, The City of The Colony Public Improvement District No. 1, The Colony, Texas dated November 30, 2012, prepared by Graham Associates, Inc. (the "2013 Official Report"), a copy of which report is attached as Exhibit B to the Service and Assessment Plan. All 2013 Facility Public Improvements, and portions of the Property on which the 2013 Facility Public Improvements have been constructed, will remain owned by the City. 2.4 The 2013 Facility Public Improvement Assessment was pledged, on a pro-rata basis (based on the par amount of each series of 2013 Project Infrastructure Bonds issued as a percentage of the total par amount of all 2013 Project Infrastructure Bonds), as additional security for each series of 2013 Project Infrastructure Bonds in the event of a Debt Service Shortfall. Assessment Revenue generated from the 2013 Facility Public Improvement Assessment, if collected by the City in the event of Debt Service Shortfall, that is pledged to pay Debt Service Shortfall for any one series of the 2013 Project Infrastructure Bonds is not pledged to pay Debt Service Shortfalls for any other series of 2013 Project Infrastructure Bonds. In connection with each series of 2013 Project Infrastructure Bonds, each respective issuer of the 2013 Project Infrastructure Bonds entered into a reimbursement agreement relating to each respective series of 2013 Project Infrastructure Bonds (such agreements are referred to collectively as the "2013 Reimbursement Agreements"). On January 19, 2021, the City issued its 2021 LGC Tax Refunding Bonds that refunded all of the outstanding 2013 LGC Tax Bonds; and, the City entered into a 2021 LGC Tax Bonds Reimbursement Agreement relating to the 2021 LGC Tax Refunding Bonds. The 2021 LGC Tax Bonds Reimbursement Agreement pledged the portion of the 2013 Facility Public Improvement Assessments previously allocated to the 2013 LGC Tax Bonds to the 2021 LGC Tax Refunding Bonds and replaced the 2013 LGC Tax Bonds Reimbursement Agreement in its entirety. Public Improvement Bonds secured in whole or in part by Assessments levied against Property in the District as additional security in the event of a Debt Service Shortfall, including the 2013 Project Infrastructure Bonds (but excluding the 2013 LGC Tax Bonds which were refunded by the 2021 LGC Tax Refunding Bonds) and the 2021 LGC Tax Refunding Bonds, are referred to collectively as "Project Infrastructure Bonds." The 180 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 5 1775.016\874945.7 2013 Reimbursement Agreements together with the 2021 LGC Tax Bonds Reimbursement Agreement are referred to collectively as the "Reimbursement Agreements." Assessment Revenue from the 2013 Facility Public Improvement Assessment levied against the Facility Property as additional security for any series of Project Infrastructure Bonds will be collected in the event of a Debt Service Shortfall in Semi-Annual Installments and deposited into the PID Operating Account as described below in Section 5.9 below. SECTION 3 ADDITIONAL FACILITY IMPROVEMENTS AND RELATED DEVELOPMENT IMPROVEMENTS 3.1 In addition to the 2013 Facility Public Improvement Assessment, the City has levied and will continue to levy Assessments (the "Additional Facility Assessments") unrelated to Project Infrastructure Bonds or the 2013 Public Improvements against the Facility Property for "Additional Facility Public Improvements" that fall into the following categories: (i) water, wastewater, and drainage facilities or improvements, including sanitary sewer facilities, storm water detention and retention facilities, and utility relocations related to such improvements; (ii) street and roadway improvements, including related traffic signalization, signage, sidewalks, curbs, gutters, streetscape, landscaping, drainage improvements, and utility relocations related to such street and roadway improvements; (iii) mass transit facilities; (iv) park improvements, (v) landscaping; (vi) lighting and signage; (vii) pedestrian malls; (viii) site improvements for any of the foregoing, including, but not limited to, grading, erosion control, wetlands mitigation, and floodplain reclamation; (ix) special supplemental services for improvement and promotion of the District, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; and (x) payment of expenses incurred in the administration and operation of the District. The Additional Facility Public Improvements for which Assessments have been previously levied are more particularly described in the special benefits reports attached to the 2015 Annual Service Plan Update, 2016 Annual Service Plan Update, 2017 Annual Service Plan Update, 2018 Annual Service Plan Update, 2019 Annual Service Plan Update, 2020 Annual Service Plan Update, 2021 Annual Service Plan Update, and in this Section 3 of this SAP Update. The Additional Facility Assessments have not been and will not be pledged as security for any series of Project Infrastructure Bonds. The Creation Resolution establishes a cap on the amount of total costs for which Assessments may be levied against the Facility Property and in no event shall the total amount of Assessments levied against the Facility Property for the 2013 Public Improvements and the Additional Facility Public Improvements exceed $150,000,000. 3.2 As described above in Section 2.2, the City deferred the 2013 Related Development Deferred Assessment for the remainder of the 2013 Public Improvements Cost in the amount of $11,400,000.00 for the portion of the 2013 Public Improvements that specially benefit the Related Development Property until the portion of the Related Development Property that is specially benefited by the 2013 Public Improvements could be identified. The City has levied, and intends to continue levying, additional Assessments against the Related Development Property for the remaining Related Development Public Improvements Cost (that do not include the 2013 Public Improvements) as portions of the Related Development Property that are specially benefited by the Related Development Public Improvements are developed. The costs 181 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 6 1775.016\874945.7 of certain Related Development Public Improvements and the method of allocation of such costs based on the benefit conferred by such Related Development Public Improvements are included in this SAP Update; and, additional information for the Related Development Public Improvements will be included in future updates to the Service and Assessment plan as development progresses. 3.3 The Related Development Public Improvements fall into the same categories as the 2013 Facility Public Improvements plus: (i) off street structured and surface parking facilities, (ii) special supplemental services for improvement and promotion of the District, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; and (iii) payment of expenses incurred in the administration and operation of the District. 3.4 Portions of the Related Development Property remain undeveloped, while other portions are under development or fully developed. Portions of the Property will be developed with additional mixed-use facilities including, but not limited to, entertainment, tourism, recreation, and convention facilities that will attract tourists, visitors, and shoppers from a wide geographic region, and hotels, retail stores, concessions, restaurants, and other facilities related to the entertainment, tourism, recreation, and convention uses (collectively, the "Related Development"). The portions of the Related Development currently under development include the following: the portion of the Property described as (1) Grandscape Addition, Phase II, Lot 6/Block A consisting of 2.015 acres and identified as Denton CAD Tax Parcel No. 692390; (2) Grandscape Addition, Phase II, Lot 7/Block A consisting of 2.105 acres and identified as Denton CAD Tax Parcel No. 692391; (3) Grandscape Addition, Phase II, Lot 8/Block A consisting of 2.944 acres and identified as Denton CAD Tax Parcel No. 653843; (4) Grandscape Addition, Phase II, Lot 9/Block A consisting of 2.683 acres and identified as Denton CAD Tax Parcel No. 653844; (5) Grandscape Addition Phase II, Lot 2R/Block B consisting of 1.903 acres and identified as Denton CAD Tax Parcel No. 692387; (6) Grandscape Addition Phase II, Lot 3R- X/Block B consisting of .301 acres and identified as Denton CAD Tax Parcel No. 692388; (7) Grandscape Addition Phase II, Lot 1/Block B consisting of 3.386 acres and identified as Denton CAD Tax Parcel No. 674231; (8) Grandscape Addition Phase II, Lot 1R/Block J consisting of 2.931 acres and identified as Denton DCAD Property ID No. 692379; (9) Grandscape Addition Phase II Lot 3X/Block J consisting of .204 acres and identified as Denton CAD Tax Parcel No. 692380; (10) Grandscape Addition Phase II, Lot 1(S pt)/Block H consisting of 8.551 acres and identified as Denton DCAD Property ID No. 732382; (11) Grandscape Addition Phase II, Lot 3(SE PT)/Block A consisting of 86.502 acres as identified as Denton CAD Property ID No’s. 748393,753491 and 753492; (12) Grandscape Addition Phase II BLK A LOT 3R consisting of 3.645 acres and identified as Denton CAD Tax Parcel No. 674218; (13) Grandscape Addition BLK B Lot 4 consisting of 1.925 acres and identified as Denton CAD Property ID No. 692389 (14) Grandscape Addition Phase II, Lot 3/Block A; (15) GRANDSCAPE ADDITION PHASE II BLK H LOT 4R2-1 consisting of 10.35 acres as identified as Denton CAD Property ID No. 1015683; (16) GRANDSCAPE ADDITION PHASE II BLK H LOT 4R1 consisting of 3.581 acres as identified as Denton CAD Property ID No. 1003642; (17) GRANDSCAPE ADDITION PHASE II BLK E LOT 1R consisting of 1.029 acres and Identified as Denton CAD Property ID No. 1004631’ (collectively 1.2(1)-(17) are, the "Related Development Property"). Certain public improvements (the "Related Development Public Improvements") are or will be required to serve the Related Development Property. The portion of the property described as Grandscape 182 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 7 1775.016\874945.7 Addition, Phase II, Lot 2/Block D consisting of approximately 16.421 acres and identified as Denton CAD Tax Parcels Nos. 957987, 704832, 957988, 957989, 957990, 957991 and 957992 (the "Waterfront Property") will be developed with a boardwalk and related amenities (the "Waterfront"), including public improvements required to serve the Waterfront (the "Waterfront Public Improvements", and together with the Related Development Public Improvements referred to collectively as the "Annual Related Development Public Improvements"). 3.5 All Additional Facility Public Improvements and Annual Related Development Public Improvements, and portions of the Property on which such Public Additional Facility Public Improvements and Annual Related Development Improvements are constructed, will remain owned by the City. 3.6 The annual costs for the Additional Facility Public Improvements, Waterfront Public Improvements and Related Development Public Improvements are estimated in the Official Report for the 2023-24 Public Improvements Cost attached as Exhibit B. The total cost of the Additional Facility Public Improvements is estimated to be $663,099.72 (the "2023-24 Additional Facility Public Improvements Cost") as shown on Exhibit B. The annual total cost of the Waterfront Public Improvements is estimated to be $57,209.68 (the "2023-24 Waterfront Public Improvements Cost") as shown on Exhibit B. The annual total cost of the Related Development Public Improvements is estimated to be $467,223.68 (the "2023-24 Related Development Public Improvements Cost") as shown on Exhibit B. The individual line item costs shown in the Official Report for each category of Additional Facility Public Improvements and Annual Related Development Public Improvements are estimates and may vary item-to-item so long as the cost of all Public Improvements do not exceed $1,187,533.08. The 2023-24 Additional Facility Public Improvements Cost, 2023-24 Waterfront Public Improvements Cost, and 2023-24 Related Development Public Improvements Cost are sometime referred to collectively as the "2023-24 Public Improvements Cost." A reconciliation of the 2022-23 Public Improvement Costs yielded a $233,805 surplus. To provide operations funding during the lag period between the budget commencement and the annual assessment collection $292,816 (90 days of operating costs) was allocated to a “Pre-paid Expense” line item. An additional $78,903 is being added to the total assessment to recover costs from parcel-specific services ("Direct Supplemental Services") as described in Exhibit D. The total sum of the 2023-24 Public Improvements Cost ($1,187,533.08), the 90 days of operating costs reserve ($292,816), and the parcel specific Direct Supplemental Services ($78,903) brings the overall 2023-24 costs to $1,559,252. The 2022-23 surplus of $223,805 was allocated proportionately to reduce the 2023- 24 Assessment from $1,559,252 to $1,335,447. 3.7 Assessments levied against the Facility Property, Related Development Property, or Waterfront Property for costs of the Additional Facility Public Improvements and Annual Related Development Public Improvements, as applicable, that are not pledged as security for Project Infrastructure Bonds shall be updated annually and shall be collected as described below in Section 5.10 and shall be deposited into a sub-account of the PID Operating Account and used solely for the purposes determined by the City Council at the time the Assessments are levied. 183 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 8 1775.016\874945.7 SECTION 4 SERVICE PLAN 4.1 This Section 4 is the Service Plan for the District. This Service Plan covers a period of at least five (5) years beginning with calendar year 2021 and defines the projected cost and annual indebtedness for the Public Improvements. The Service Plan shall be reviewed and updated at least annually for the purpose of determining the annual budget for the Public Improvements (each such update, a "Service Plan Update"). 4.2 As confirmed by the 2021 City Ordinance, the actual costs for the 2013 Public Improvements exceeded the estimated 2013 Public Improvements Cost of $94,800,000.00 described in the Original Service and Assessment Plan, the 2013 Official Report, and 2013 Special Benefit Analysis. The annual indebtedness for the 2013 Public Improvements for the next five years is shown on Exhibit C-1. The annual indebtedness for the 2013 Public Improvements Cost in any given year is the sum of the Semi-Annual Installments for the Project Infrastructure Bonds for the year. 4.3 The projected Additional Facility Public Improvements Cost is $663,099.72, and for the next five years is allocated as shown on Exhibit C-2. The annual indebtedness for the Additional Facility Public Improvements shown on Exhibit C-2 is a portion of the Additional Facility Assessment the City has levied or expects to levy against the Facility Property for each year shown. The Additional Facility Assessment will also include costs related to the 90 days of operating reserve apportioned to the Facility Property as well as any Direct Supplemental Services apportioned to the Facility Property which will be described in Exhibit D and will be updated each year. 4.4 The projected costs for the Annual Related Development Public are $524,433.36 and for the next five years such cost is allocated as shown on Exhibit C-3. The annual indebtedness for the Annual Related Development Public Improvements is a portion of the Assessments the City has levied or expects to levy against the Waterfront Property and Related Development Property for each year shown. The Assessments levied against the Waterfront Property and Related Development Property will also include costs related to the 90 days of operating reserve apportioned to the Waterfront Property and Related Development Property as well as any Direct Supplemental Services apportioned to the Waterfront Property and Related Development Property which will be described in Exhibit D and will be updated each year. 4.5 The form of notice required by Texas Property Code Section 5.014, as amended, is attached as Exhibit C-4. SECTION 5 ASSESSMENT PLAN 5.1 Method of Assessment. This Section 5 is the Assessment Plan for the District. This Assessment Plan assesses the Public Improvements Cost against the Property on the basis of the special benefits conferred on the Property by the Public Improvements. The Act provides that the Public Improvements Cost may be assessed equally per front foot or square foot (with or 184 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 9 1775.016\874945.7 without regard to the value of improvements constructed on the land) or in any other manner that results in imposing equal shares of the cost on property similarly benefited. 5.2 Best and Highest Use. Based on: (i) the size and location of the Property within the corporate limits of the City; (ii) the lack of public infrastructure to serve development of the Property; (iii) the proximity of the Property to public roadways and water and sewer facilities; (iv) the proximity of the Property to population and employment centers; (v) the scope and economic impact of the Facility, the Waterfront and the Related Development on the City, Denton County; and the north Texas region; (vi) existing and projected land uses in the vicinity of the Property; (vii) projected growth in the greater Dallas metropolitan area and, in particular, along the State Highway 121 corridor; and (viii) the quality of the proposed development within the Property, the City Council has determined that: (A) the best and highest use of the Property is for the development of the Facility, the Waterfront, and the Related Development; (B) achieving the best and highest use of the Property requires the Public Improvements; (C) without the Public Improvements the Property will not be developed to its best and highest use; (D) the establishment of the District provides an effective means of funding the Public Improvements to achieve the best and highest use for the Property without financial burden to the City; and (E) the Public Improvements will promote the interests of the City and confer a special benefit on the Property. 5.3 Assessments Against Facility Property. As described in Section 2.2 above, the City has levied the 2013 Facility Public Improvement Assessment in the amount of $83,400,000.00 against the Facility Property for the portion of the 2013 Public Improvements Cost that the City Council determined conferred a special benefit on the Facility Property. Based on the costs shown in the Official Report for the 2023-24 Public Improvements for the 2023-24 attached as Exhibit B and the Special Benefits Report attached as Exhibit D, the City has levied $691,853.18 in Assessments against the Facility Property as shown on the Assessment Roll attached as Exhibit E which consists of $663,099.72 for the 2023-24 Additional Facility Public Improvements Costs plus $28,753.46 or approximately 41.66% the 90 days of operating costs (after accounting for the 2022-23 surplus as described in Section 3.6 above) apportioned to the Facility Property based on the benefit analysis described in Exhibit D. As the Facility Property is specially benefitted by Additional Facility Improvements, the City intends to continue to levy Assessments against the Facility Property. The Creation Resolution establishes a cap on the amount of the total costs for which Assessments may be levied against the Facility Property and in no event shall the total amount of Assessments levied against the Facility Property for the 2013 Public Improvements and the Additional Public Improvement exceed $150,000,000. As shown in Paragraphs 1 and 2 of Section 7 below, a total of $91,314,251.77 has been levied against the Facility Property, consisting of $83,400,000.00 for the 2013 Public Improvements and $7,914,251.77 for the Additional Facility Public Improvements. 5.4 Assessments Against Related Development Property. As described in Section 2.2 above, the City deferred assessment of the remainder of the 2013 Public Improvements Cost in the amount of $11,400,000.00 for the portion of the 2013 Public Improvements that specially benefit the Related Development Property (the "2013 Related Development Deferred Assessment") until the portion of the Related Development Property (which included the Waterfront Property at the time of the deferral) that is specially benefited by the 2013 Public Improvements could be 185 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 10 1775.016\874945.7 identified. The deferral of the levy of the 2013 Related Development Deferred Assessment in the amount of $11,400,000.00 under the 2013 Assessment Ordinance is hereby restated and shall be deferred until the development of the Property is certified as complete by the owner. Based on the costs shown in the Official Report for the 2023-24 Public Improvements attached as Exhibit B and the Special Benefits Report attached as Exhibit D, the City has levied Assessments in the amount of $61,601.36 against the Waterfront Property and $581,992.92 against the Related Development Property for the 2023-24 Related Development Public Improvements as shown on the Assessment Roll attached as Exhibit E. As portions of the Related Development Property that are specially benefited by the Related Development Public Improvements are developed, the City intends to continue to levy additional Assessments against the Related Development Property for the remaining Related Development Public Improvements Costs and (that do not include the 2013 Public Improvements) as described in Section 3.2 above. The costs of such Related Development Public Improvements and the method of allocation of such costs based on the benefit conferred by such Related Development Public Improvements for which Assessments (as shown on Exhibit E, the "2023-24 Related Development Assessment") are being levied in accordance this SAP Update are described herein. As portions of the Waterfront Property that are specially benefited by the Waterfront Public Improvements are developed, the City intends to continue to levy additional Assessments against the Waterfront Property for Waterfront Public Improvements Costs. The costs of such Waterfront Public Improvements and the method of allocation of such costs based on the benefit conferred by such Waterfront Public Improvements for which Assessments (as shown on Exhibit E, the "2023-24 Waterfront Assessment") are being levied in accordance this SAP Update are described herein. The Creation Resolution establishes a cap of $150,000,000 of the total costs for which Assessments may be levied for the "Related Improvements Costs" (as defined in the Creation Resolution). As shown in Paragraph 3 of Section 7 below, a total of $5,387,875.49 has been levied for the Annual Related Development Public Improvements (consisting of the Waterfront Public Improvements and Related Development Public Improvements) which does NOT include the 2013 Related Development Deferred Assessment in the amount of $11,400,00.00. 5.5 Adjustment of Assessments. With the exception of the 2013 Facility Public Improvement Assessment, the Assessments described in this Section 5 are based on estimates of the Public Improvements Costs until construction of such Public Improvement, or provision of services if applicable, is complete. If the actual cost of the Public Improvements is less than the estimates, the Assessments shall be reduced as determined by the Administrator and approved by the City Council in a Service Plan Update. 5.6 Subdivision; Change to Tax Exempt. 5.6.1 Upon Subdivision. If the Facility Property is subdivided, any Assessment levied against the Facility Property shall be reallocated as described in Section 4.6.1 of the Service and Assessment Plan. Additionally, other than annual Assessments for the Annual Related Development Public Improvements that are not pledged as security to any series of PID bonds, any Assessment against Related Development Property will not be reallocated among subdivided Parcels until the development of the Related Development Property is certified as complete by the owner. If the Related Development Property or Waterfront Property is subdivided, the annual Assessment levied against 186 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 11 1775.016\874945.7 Related Development Property or Waterfront Property under this SAP Update for the Annual Related Development Public Improvements will be reallocated among the subdivided Parcels on a per-acre basis as determined by the Administrator and reflected in a Service Plan Update approved by the City Council after a public hearing for which notice addressed to "Property Owner" has been mailed, regular mail, to the current address of the owner of the property being subdivided as reflected on the tax rolls. 5.6.2 Upon Becoming Tax Exempt. If any portion of the Facility Property becomes exempt from the payment of ad valorem taxes, the owner of such portion shall pay to the City the unpaid principal amount of the Assessment allocated (on a per-acre basis) to such portion of the Facility Property plus, if applicable, accrued interest through the date of payment. Prepayment Costs, if any, shall be paid as a Semi-Annual Administrative Cost. If any portion of the Related Development Property or Waterfront Property becomes exempt from the payment of ad valorem taxes, the owner of such portion shall pay to the City the unpaid principal amount of the Assessment allocated (on a per-acre basis) to such portion of the Property. 5.7 Prepayment of Assessments. The unpaid principal amount of an Assessment may be prepaid in full or in part at any time, together with accrued interest, if any, through the date of prepayment; whereupon the Assessment and corresponding assessment lien automatically terminate and shall be reduced to zero in a Service Plan Update. Prepayment Costs, if any, may be paid by the Administrator from Semi-Annual Administrative Cost. 5.8 Accrual of Interest. Assessments shall not bear interest except for interest authorized by Section 372.018(a) of the Act. Assessments that are deferred may bear interest as approved by the City Council at the time the Assessments are levied. 5.9 Semi-Annual Installments of Assessments Related to Project Infrastructure Bonds. Assessments levied against the Facility Property and/or the Related Development Property and pledged as security to any series of Project Infrastructure Bonds, including the 2013 Facility Public Improvement Assessment securing the 2013 Project Infrastructure Bonds and 2021 LGC Tax Refunding Bonds, shall be due and payable to the City in Semi-Annual Installments as set forth in the applicable Reimbursement Agreement beginning on the date stated in the applicable Reimbursement Agreement and continuing every March 1 and September 1 thereafter and will be delinquent if not paid within three calendar days after it is due and payable. Semi-Annual Installments are not required to be level amounts and will vary depending on Semi-Annual District Expenses and the amounts, if any, of Debt Service Shortfalls. For so long as any Project Infrastructure Bonds remain outstanding, each of the Corporations, pursuant to a Reimbursement Agreement, is required to calculate its respective Debt Service Shortfall amount for each bond issue based on the "Bond Debt Service" schedules attached as Exhibit E-1, and each Corporation shall certify such Debt Service Shortfall amount to the City no later than each February 1 or August 1 commencing August 1, 2013 (each a "Semi-Annual Calculation Date"). Upon notification of each Debt Service Shortfall amount due for each bond issue, the City shall calculate the amount of the Semi-Annual Installment and shall submit a bill to each property owner no later than each February 15 and August 15 (each a "Semi-Annual Billing Date"). The City will use all reasonable efforts to collect Semi-Annual Installments before they become 187 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 12 1775.016\874945.7 delinquent. If a Semi-Annual Installment becomes delinquent, all remedies at law or under the Act shall be available to the City. If a Debt Service Shortfall is anticipated for more than one series of Project Infrastructure Bonds, a portion of the funds in the PID Operating Account shall be transferred on a pro-rata basis to separate sub-accounts corresponding to each issue of Project Infrastructure Bonds for which a Debt Service Shortfall is anticipated to occur; and, such amounts shall be paid by the City from such sub-accounts to each of the Corporations under the applicable Reimbursement Agreement to pay Debt Service Shortfalls for the applicable series of Project Infrastructure Bonds. As required under each respective Reimbursement Agreement, each Corporation calculated any anticipated Debt Service Shortfall based on the Bond Debt Service schedules no later than February 1, 2023 and August 1, 2023; and, each Corporation determined there would be no Debt Service Shortfall and no Semi-Annual Installments were required to be paid for calendar year 2023. 5.10 Annual Payment of Assessments Not Related to Project Infrastructure Bonds. Assessments levied against the Facility Property or the Related Development Property for costs of the Additional Facility Public Improvements or the Related Development Public Improvements that are not pledged as security for Project Infrastructure Bonds shall be updated annually and shall be collected by the City in the same manner and at the same time as ad valorem taxes in the amount shown on the Assessment Rolls attached to each Annual Service Plan Update. Such Assessments shall be due when billed and shall be delinquent if not paid prior to February 1 of the following year. Failure of a landowner to receive an invoice for such Assessment on the property tax bill shall not relieve the landowner of the responsibility for payment of the Assessment. Assessment Revenue collected by the City from Assessments levied against the Facility Property or the Related Development Property for Additional Facility Public Improvements and/or Related Development Public Improvements based on the special benefit conferred by such Additional Facility Public Improvements or the Related Development Public Improvements that is not pledged as security for any series of Project Infrastructure Bonds and shall be deposited into a sub-account of the PID Operating Account and used solely for the purposes determined by the City Council at the time the Assessments are levied. 5.11 PID Operating Account. Assessment Revenue from the collection of Semi-Annual Installments of an Assessment against the Facility Property and/or Related Development Property in connection with the issuance of a series of Project Infrastructure Bonds will be deposited by the City into the PID Operating Account, including sub-accounts corresponding to each issue of Project Infrastructure Bonds, as applicable, immediately upon receipt and will be transferred by the City to the respective Corporations, or to the applicable trustee(s) for the benefit of such Corporations, to pay Debt Service Shortfalls, if any, by September 5, 2013, and by each March 5 and September 5 thereafter for so long as Project Infrastructure Bonds are outstanding. Assessment Revenue from the collection of an Assessment against the Facility Property and/or Related Development Property unrelated to the issuance of a series of Project Infrastructure Bonds will be deposited by the City into the PID Operating Account, including sub-accounts as applicable, immediately upon receipt and shall be used solely for the purposes determined by the City Council at the time such Assessments were levied. Any Assessment Revenue due to the Corporations on any such date but collected by the City after the due date shall be transferred to the respective Corporations or applicable trustee(s) within two business days. Assessment Revenue from the collection of any Assessment against the Property will be 188 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 13 1775.016\874945.7 deposited by the City into the PID Operating Account for Annual Assessments. Assessment Revenue from the 2023 Related Development Assessment against all or any portion of the Property will be collected in lump sum with 30 days of the levy of the assessment or with the annual property tax collection and deposited into a segregated operating account (the "PID Operating Account for Annual Assessments") created and controlled by the City. Interest earned on the PID Operating Account for Annual Assessments shall be added to and become part of the PID Operating Account for Annual Assessments. The PID Operating Account for Annual Assessments is a separate account and segregated from the "PID Operating Account" described in the Service and Assessment Plan that was created pursuant to the 2013 Assessment Ordinance (such account is referred to herein as the "PID Operating Account for Pledged Revenues.") All Assessment Revenue from the 2013 Facility Public Improvement Assessment and the 2013 Related Development Deferred Assessment levied pursuant to Ordinance No. 2013-1992 shall be deposited into the PID Operating Account for Pledged Revenues and transferred from that account, if at all, consistent with the requirements of 2013 Assessment Ordinance and the trust indentures governing the Project Infrastructure Bonds. All Assessment Revenue from any Assessment levied on an annual basis shall be deposited into the PID Operating Account for Annual Assessments and used solely for the purposes determined by the City Council at the time the Assessments are levied. 5.12 Reduction of Assessment Against the Property. The Assessment against the Facility Property (and the corresponding assessment lien) shall be reduced by the sum of all amounts by which the outstanding principal of the Project Infrastructure Bonds for which the PID Operating Account is pledged, as additional security, are reduced and by sum of all prepayments of the Assessment made pursuant to Section 5.7. The current outstanding principal amount of the Assessments levied against the Facility Property based on the debt service schedules related to the Project Infrastructure Bonds attached as Exhibit E-1 is set forth in Section 7 below. The Assessment against the Property (and the corresponding assessment lien) shall be reduced by the sum of all amounts by which the Public Improvement Costs are reduced. 5.13 Security for Payment. All payments due in accordance with the Service and Assessment Plan as updated by this SAP Update shall be treated the same with respect to the liens created to secure payment and the rights of the City, including foreclosure, in the event of delinquencies. Any foreclosure sale of a Parcel for nonpayment of any such amounts shall be subject to a continuing lien for the remaining unpaid amounts in accordance with state law. All assessment liens created pursuant to the 2013 Assessment Ordinance are superior to any lien created by any other ordinance approving an Annual Service Plan Update, including this SAP Update. 5.14 Release of Lien. When an Assessment has been paid in full, the Administrator shall notify the City, and the City shall execute a release, in recordable form, evidencing full payment of the Assessment and the unconditional release of the lien securing payment of the Assessment. All releases shall be reflected in a Service Plan Update. 5.15 Findings and Determinations. The findings and determinations by the City Council set forth in this Service and Assessment Plan are based on: (i) the 2013 Official Report prepared by Graham Associates, Inc.; (ii) the 2013 Special Benefits Report prepared by Graham Associates, Inc.; (iii) evidence and testimony presented to the City Council; and (iv) information made 189 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 14 1775.016\874945.7 available to the City Council. The City Council hereby confirms and ratifies the findings and determinations made by the City Council in the 2015 Assessment Ordinance, 2016 Assessment Ordinance, 2017 Assessment Ordinance, 2018 Assessment Ordinance, 2019 Assessment Ordinance and 2020 Assessment Ordinance, including the special benefits reports and annual service plan updates attached thereto. The City Council has relied on the information contained in the 2013 Official Report, 2013 Special Benefits Report, the reports and special benefit analysis contained in each Annual Service Plan Update, evidence, and testimony in the preparation and approval of this Service and Assessment Plan and the allocation of the Public Improvements Cost to the Property. Such findings and determinations represent the discretionary exercise by the City Council of its legislative and governmental authority and power, and such findings and determinations are conclusive and binding on the current and future owners of the Property. The Corporations have concurred in and approved the findings and determinations by the City Council as set forth in this Service and Assessment Plan and have otherwise concurred in and approved this Service and Assessment Plan and the levy of Assessments against the Property. The Corporations have acknowledged that the Property is subject to payment of Assessments and/or Semi-Annual Installments as provided in this Service and Assessment Plan and in the Reimbursement Agreements. SECTION 6 ANNUAL BUDGET FOR PUBLIC IMPROVEMENTS 6.1 2013 Public Improvements Costs. On January 19, 2021, the City approved Ordinance No. 2021-2430 (the "2021 City Ordinance"), approving the Service and Assessment Plan and making certain finding and determinations related to the District. In the 2021 City Ordinance, the City Council ratified and confirmed the allocation of the 2013 Public Improvements Cost approved by the 2013 Assessment Ordinance and Original Service and Assessment Plan as follows: (1) $83,400,000 for the special benefit to the Facility Property for which the 2013 Facility Public Improvement Assessment was levied, and (2) $11,400,000.00 for the benefit to the Related Development Property for which the 2013 Related Development Deferred Assessment has been deferred. Additionally, the 2021 City Ordinance confirmed that the actual costs for the 2013 Public Improvements exceeded the estimated 2013 Public Improvements Cost of $94,800,000.00 described in the Original Service and Assessment Plan, the 2013 Official Report, and 2013 Special Benefit Analysis. 6.2 2023 Public Improvements Cost. The City Council has received, reviewed, and approved that certain SPECIAL BENEFITS REPORT, The City of The Colony Public Improvement District No. 1, The Colony, Texas dated August 15 th, 2023 prepared by Executive Business Liaison Jeremie Maurina, a copy of which is attached as Exhibit D (the "2023-24 Special Benefits Report”). The individual line item costs shown in the 2023 Special Benefits Report for each category of improvements are estimates and may vary item-to-item so long as the Public Improvements Cost does not exceed $1,187,533.08 (which does not include the $292,816 for 90 days of operating costs plus $78,903 Direct Supplemental Services minus the $223,805 2022-23 surplus). 190 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 15 1775.016\874945.7 SECTION 7 ASSESSMENT ROLL This Section 7 describes the Assessment Roll for the District. The Assessment Roll is set forth on Exhibit E and consists of: 1.The 2013 Facility Public Improvement Assessment originally levied in principal amount of $83,400,000.00 by the 2013 Assessment Ordinance with an outstanding principal amount of $77,842,986 as of December 31, 2022. The 2013 Facility Public Improvement Assessment is allocated as follows among the Project Infrastructure Bonds: Pro-Rata Share(1) Allocated Portion of Original 2013 Facility Public Improvement Assessment Outstanding Principal Amount of 2013 Facility Public Improvement Assessment 2013 LGC Sales Tax Bonds 16.80%$14,011,200 $ 13,203,625 (2) 2021 LGC Tax Refunding Bonds(3)20.60%$17,180,400(3)$ 16,022,715 (2) 2013 Type A Bonds 31.30%$26,104,200 $ 24,308,323 (2) 2013 Type B Bonds 31.30%$26,104,200 $ 24,308,323 (2) (1) Pro-rata allocation of the original principal amount of the $83,400,000 2013 Facility Public Improvement Assessment was based on the par amount of each series of 2013 Project Infrastructure Bonds issued as a percentage of the total par amount of all 2013 Project Infrastructure Bonds. (2)In accordance with Section 5.12 above, the principal amount of the 2013 Facility Public Improvement Assessment was reduced by the sum of all amounts by which the outstanding principal amount of the 2013 Project Infrastructure Bonds have been reduced. As of December 31, 2021, the outstanding par amount of the 2013 Project Infrastructure Bonds (with the 2021 LGC Tax Refunding Bonds) was $88,253,000 thus reducing the outstanding 2013 Facility Public Improvement Assessment to $77,842,986. The following Semi-Annual Installments have been collected to pay Debt Service Shortfalls on the 2013 LGC Sales Tax Bonds: on February 14, 2017 in the amount of $500,081.25; on July 17, 2017 in the amount of $1,158,162.50; on July 16, 2018 in the amount of $1,294,662.50; and on July 25, 2019 in the amount of $1,306,963.00 for a total of $4,259,869.25 which payments do not reduce the principal amount of the 2013 Facility Public Improvement Assessment. (3) The pro-rata share of the 2013 Facility Public Improvement Assessment that formerly secured the 2013 LGC Tax Bonds now secures the 2021 LGC Tax Refunding Bonds. [Remainder of page left blank intentionally.] 191 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 16 1775.016\874945.7 2. Assessments related to the Additional Facility Public Improvements: Original Principal Amount Levied Outstanding as of 9/6/23 2015 Facility Assessment(1)$959,247.96 $0.00 2015-16 Facility Assessment(2)$1,218,234.83 $0.00 2016 Facility Assessment $875,155.64 $0.00 2017 Facility Assessment $658,465.00 $0.00 2018 Facility Assessment $810,379.62 $0.00 2019 Facility Assessment $570,667.99 $0.00 2020 Facility Assessment $862,382.25 $0.00 2021 Facility Assessment $535,879.94 $0.00 2022 Facility Assessment $731,985.36 $0.00 2023 Facility Assessment $691,853.18 $691,853.18 TOTAL:$7,914,251.77 (1)Levied under Ordinance No. 2015-2136 approved on May 5, 2015. (2)Levied under Ordinance No. 2015-2160 approved on September 15, 2015. 3.Assessments related to the Annual Related Development Public Improvements:1 Original Principal Amount Levied Outstanding as of 9/6/221 2015 Related Development Assessment(1)$420,053.04 $0.00 2015-16 Related Development Assessment(2)$236,757.17 $0.00 2016 Related Development Assessment $287,680.36 $0.00 2017 Related Development Assessment $872,993.00 $0.00 2018 Related Development Assessment $687,426.36 $0.00 2019 Related Development Assessment $490,441.03 $0.00 2020 Related Development Assessment $810,043.90 $0.00 2021 Related Development Assessment $366,446.95 $0.00 2022 Related Development Assessment $572,445.40 $0.00 2023 Related Development Assessment $643,597.28 $643,597.28 TOTAL:$5,387,884.49 (1)Levied under Ordinance No. 2015-2136 approved on May 5, 2015. (2)Levied under Ordinance No. 2015-2160 approved on September 15, 2015. 1 Includes the Assessments levied against the Waterfront Property and the Related Development Property. Excludes the 2013 Related Development Deferred Assessment. 192 The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 17 1775.016\874945.7 As authorized by the Act, the assessment of the 2013 Related Development Deferred Assessment in the amount of $11,400,000 for the portion of the 2013 Facility Public Improvements that benefit the Related Development Property remains deferred until the development of the Related Development Property is certified as complete by the owner which will be the time at which the special benefit conferred on the Related Development Property can be determined with certainty. SECTION 8 ADDITIONAL PROVISIONS 8.1 Severability. The provisions of this Service and Assessment Plan are intended to be severable. In the event any provision of this Service and Assessment Plan, or the application thereof to any person or circumstance, is held or determined to be invalid, illegal, or unenforceable, and if such invalidity, unenforceability, or illegality does not cause substantial deviation from the underlying intent of the City Council as expressed in this Service and Assessment Plan, then such provision shall be deemed severed from this Service and Assessment Plan with respect to such person, entity, or circumstance without invalidating the remainder of this Service and Assessment Plan or the application of such provision to other persons, entities, or circumstances. 8.2 Exhibits. The following exhibits are part of this Service and Assessment Plan: Exhibit A Legal Description of the Property Exhibit A-1 Depiction of the Property Exhibit B Official Report – 2022 Public Improvements Cost Exhibit C-1 Service Plan: Five-Year Projection of 2013 Public Improvements Exhibit C-2 Service Plan: Five-Year Projection of Additional Facility Public Improvements Costs Exhibit C-3 Service Plan: Five-Year Projection of Related Development Public Improvements Costs Exhibit C-4 Form of Notice Required by Texas Property Code Section 5.014 Exhibit D Special Benefits Report Exhibit E Assessment Roll Exhibit E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfall Exhibit F Chronological History of City Council Legislative Actions for the District 193 Exhibit A Legal Description of the Property (439.12 Acres) Exhibit A to The Colony SAP – Legal Description of the Property - Page 1 1775.016\874945.7 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 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; 194 Exhibit A Legal Description of the Property (439.12 Acres) Exhibit A to The Colony SAP – Legal Description of the Property - Page 2 1775.016\874945.7 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 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; 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; 195 Exhibit A Legal Description of the Property (439.12 Acres) Exhibit A to The Colony SAP – Legal Description of the Property - Page 3 1775.016\874945.7 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 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. 196 Exhibit A-1 Depiction of the Property Exhibit A-1 to The Colony SAP – Depiction of the Property - Page 1 1775.016\874945.7 197 EXHIBIT B Exhibit B to The Colony SAP – Official Report - Public Improvement Cost - Page 1 1775.016\874945.7 OFFICIAL REPORT 2023 PUBLIC IMPROVEMENTS COST The City of The Colony Public Improvement District No. 1 The Colony, Texas PREPARED BY: Jeremie Maurina, Executive Business Liaison DATED: August 15th, 2023 198 Exhibit B Exhibit B to The Colony SAP – Official Report - Public Improvements Cost - Page 2 1775.016\874945.7 Official Report - Public Improvements Cost 1 1 Costs shown do not include costs related to 90 days of operating costs or costs related to Direct Supplemental Services. See Exhibit D (Special Benefits Reports) for information about these costs. Public Improvements Facility Waterfront Related Development TOTALS Traffic management system $45,745.79 $0 $0 $45,745.79 Enhanced police services $242,787.29 $0 $0 $242,787.29 Enhanced Development Services $0 $0 $0 $0 Street and roadway improvements $363.317.14 $55,491.48 $453,191.38 $872,000.00 Lake maintenance $11,249.50 $1,718.20 $14,032.30 $27,000 TOTALS $663,099.72 $57,209.68 $467,223.68 $1,187,533.08 199 Exhibit C-1 Service Plan: Five-Year Projection of Annual Indebtedness Related to 2013 Facility Public Improvements Exhibit C-1 to The Colony SAP - Projection of Annual Indebtedness Related to 2013 Facility Public Improvements Cost - Page 1 1775.016\874945.7 Year Principal1 Semi-Annual Collection Costs2 Delinquent Collection Costs3 Annual Administrative Costs4 Estimated Annual Indebtedness 2023 See Sections 4.2 and 5.9 $5,000 $0 $5,000 See Section 5.9 2024 See Sections 4.2 and 5.9 $5,000 $0 $5,000 See Section 5.9 2025 See Sections 4.2 and 5.9 $5,000 $0 $5,000 See Section 5.9 2026 See Sections 4.2 and 5.9 $5,000 $0 $5,000 See Section 5.9 2027 See Sections 4.2 and 5.9 $5,000 $0 $5,000 See Section 5.9 1.See Section 7, Paragraph 1 for the outstanding Principal Amount of the 2013 Facility Public Improvement Assessment as of September 7th, 2021. The annual indebtedness for the 2013 Public Improvements Cost in any given year is the sum of the Semi-Annual Installments for the Project Infrastructure Bonds for the year. 2.Semi-Annual Collection Costs may be increased or reduced as part of each Service Plan Update. If the Semi-Annual Collection Costs collected are less than the Semi-Annual Collection Costs paid or incurred, the deficit may be carried forward and added to the Semi-Annual Collection Costs for the next year or paid as Semi-Annual Administrative Costs. If the Semi-Annual Collection Costs collected exceed the Semi-Annual Collection Costs paid or incurred, the excess shall be carried forward to reduce the Semi- Annual Collection Costs for the next year. Semi-Annual Collection Costs shall be allocated pro rata among all Parcels with unpaid Assessments. 3.This exhibit includes no Delinquent Collection Costs. The actual amount of Delinquent Collection Costs attributable to a Parcel will, if not paid upon demand, be added to the Semi-Annual Installment for the Parcel as part of the Service Plan Update for the next year. If Delinquent Collection Costs remain unpaid, they will continue to be added to the Semi-Annual Installment for the Parcel as part of the Service Plan Update for the next year. 4.Semi-Annual Administrative Costs (up to the maximum amount determined by the additional interest authorized by Section 372.018(a) of the Act) are estimated and may be increased or reduced as part of each Service Plan Update. If the Semi-Annual Administrative Costs collected are not enough to pay the Semi-Annual Administrative Costs paid or incurred, the deficit may be carried forward and added to the Semi-Annual Administrative Costs for the next year. If the Semi-Annual Administrative Costs collected exceed the Semi-Annual Administrative Costs paid or incurred, the excess shall be carried forward to reduce the Semi-Annual Administration Costs for the next year. Semi- Annual Administrative Costs shall be allocated pro rata among all Parcels with unpaid Assessments. 200 Exhibit C-2 to The Colony SAP - Projection of Annual Indebtedness Related to Additional Facility Public Improvements Cost - Page 1 1775.016\874945.7 Exhibit C-2 Service Plan: Five-Year Projection of Annual Indebtedness Related to Additional Facility Public Improvements 1 1 Costs shown do not include costs related to 90 days of operating costs or costs related to Direct Supplemental Services. See Exhibit D (Special Benefits Reports) for information about these costs. 2023 2024 2025 2026 2027 $663,099.72 $ 726,445 $ 762,768 $ 800,906 $ 840,951 201 Exhibit C-3 to The Colony SAP - Projection of Annual Indebtedness Related to Annual Related Development Public Improvements Cost - Page 1 1775.016\874945.7 Exhibit C-3 Service Plan: Five-Year Projection of Annual Indebtedness Related to Annual Related Development Public Improvements 1 1 Costs shown do not include costs related to 90 days of operating costs or costs related to Direct Supplemental Services. See Exhibit D (Special Benefits Reports) for information about these costs. 2023 2024 2025 2026 2027 $524,443 $550,654 $578,187 $607,096 $637,451 202 Exhibit C-4 Exhibit C-4 to The Colony SAP – Form of Notice Required by Texas Property Code Section 5.014 - Page 1 1775.016\874945.7 FORM OF NOTICE REQUIRED BY TEXAS PROPERTY CODE SECTION 5.014 Effective September 1, 2021, Texas Property Code §5.014 requires a seller of any real property located in a public improvement district to give notice TWICE to the purchaser of the purchaser's obligation to pay the PID assessment in the form required under Texas Property Code §5.014, as amended. Section 5.0141 of the Texas Property Code requires the "First Notice" below to be given to a prospective purchaser BEFORE the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. AT CLOSING, Section 5.0143 of the Texas Property Code requires a separate copy of the "Second Notice" below, with current information, to be executed by the seller and purchase, acknowledged and recorded in the deed records of the county in which the property is located. FIRST NOTICE: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENTS TO THE CITY OF THE COLONY, TEXAS CONCERNING THE PROPERTY AT: [INSERT STREET ADDRESS] As the purchaser of the real property described above, you are obligated to pay assessments to the City of The Colony, Texas for the costs of a portion of a public improvement or services project (the “Authorized Improvements”) undertaken for the benefit of the property within “City of The Colony Public Improvement District No. 1” (the “District”) created under Subchapter A, Chapter 372, Local Government Code, as amended. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS WHICH WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of The Colony, Texas. The exact amount of each annual installment will be approved each year by the City Council of The Colony, Texas in the Annual Service Plan Update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the City of The Colony, Texas. YOUR FAILURE TO PAY ANY ASSESSMENT, OR ANY ANNUAL INSTALLMENT THEREOF, MAY RESULT IN PENALTIES AND INTEREST BEING ADDED TO WHAT YOU OWE OR IN A LIEN ON AND THE FORECLOSURE OF YOUR PROPERTY. 203 Exhibit C-4 Exhibit C-4 to The Colony SAP – Form of Notice Required by Texas Property Code Section 5.014 - Page 2 1775.016\874945.7 The undersigned purchaser acknowledges receipt of this notice prior to the effective date of a binding contract for the purchase of the real property at the street address set forth above. [PURCHASER] By: Name: Date: [PURCHASER] By: Name: Date: The undersigned seller executes this notice pursuant to Texas Property Code Section 5.014(a-1), as amended, before the effective date of a binding contract for purchase of the real property at the address described above. [SELLER] By: Name: Date: 204 Exhibit C-4 Exhibit C-4 to The Colony SAP – Form of Notice Required by Texas Property Code Section 5.014 - Page 3 1775.016\874945.7 SECOND NOTICE AFTER RECORDING RETURN TO: [INSERT SELLER NAME AND ADDRESS] NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENTS TO THE CITY OF THE COLONY, TEXAS CONCERNING THE PROPERTY AT: [INSERT STREET ADDRESS] As the purchaser of the real property described above, you are obligated to pay assessments to the City of The Colony, Texas for the costs of a portion of a public improvement or services project (the “Authorized Improvements”) undertaken for the benefit of the property within “City of The Colony Public Improvement District No. 1” (the “District”) created under Subchapter A, Chapter 372, Local Government Code, as amended. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS WHICH WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of The Colony, Texas. The exact amount of each annual installment will be approved each year by the City Council of The Colony, Texas in the Annual Service Plan Update for the District. More information about the assessments, including the amounts and due dates, may be obtained from the City of The Colony, Texas. YOUR FAILURE TO PAY ANY ASSESSMENT, OR ANY ANNUAL INSTALLMENT THEREOF, MAY RESULT IN PENALTIES AND INTEREST BEING ADDED TO WHAT YOU OWE OR IN A LIEN ON AND THE FORECLOSURE OF YOUR PROPERTY. The undersigned purchaser acknowledges receipt of this notice prior to the effective date of a binding contract for the purchase of the real property at the street address set forth above. [SIGNATURE PAGES FOLLOW] 205 Exhibit C-4 Exhibit C-4 to The Colony SAP – Form of Notice Required by Texas Property Code Section 5.014 - Page 4 1775.016\874945.7 IN WITNESS WHEREOF, the undersigned parties have executed this notice at the closing of the purchase of the real property at the address described above and for the purposes stated therein. [PURCHASER] By: Name: Date: STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me by ______________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20____. __________________________________________ Notary Public, State of Texas [SEAL] [PURCHASER] By: Name: Date: STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me by ______________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20____. __________________________________________ Notary Public, State of Texas [SEAL] 206 Exhibit C-4 Exhibit C-4 to The Colony SAP – Form of Notice Required by Texas Property Code Section 5.014 - Page 5 1775.016\874945.7 The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. [SELLER] By: Name: Date: STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me by ______________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20____. __________________________________________ Notary Public, State of Texas [SEAL] 207 Exhibit D to The Colony SAP – Facility Public Improvements Cost Special Benefit Analysis - Page 1 1775.016\874945.7 Exhibit D Special Benefits Report The City of The Colony Public Improvement District No. 1 The Colony, Texas PREPARED BY: Jeremie Maurina, Executive Business Liaison DATED: August 15th, 2023 208 Exhibit D to The Colony SAP – Facility Public Improvements Cost Special Benefit Analysis - Page 2 1775.016\874945.7 The Facility is expected to generate eight million customers each year. Given the traffic and security needs of the Facility, above those provided as part of the City's basic municipal services, one hundred percent (100%) of the Public Improvements for the traffic management system/control equipment and one hundred percent (100%) of the enhanced police services are attributable to the Facility Property. The Facility Property is a single economic unit comprised of two tax parcels. The costs attributable the Public Improvements for the traffic management system and enhanced police services are allocated to the two tax parcels based on acreage. During the development related to the Additional Facility Assessments and Related Development Assessments described in the 2018 Annual Service Plan Update, a series of "Enhanced Development Services" (now defined as "Direct Supplemental Services") were identified that provided specific benefits to several individual parcels. Due to the nature of these supplemental services and the scope they cover, they are not easily forecasted for inclusion in a budget. Instead, these costs will be reconciled annually and directly assessed to the parcels that benefitted starting with the Additional Facility Assessments and Related Development Assessments levied in accordance with the 2019 Annual Service Plan update (See Exhibit E for adjusted assessments for the current year). This provides a more accurate assessment and allows the costs of those services to be recovered from the properties that have directly benefited from them. The total of these services is $78,903 for the 2023-24 assessment. The costs related to the Direct Supplemental Services are apportioned to the property that it benefits and levied to the benefited property’s tax ID. A detailed use report of these Direct Supplemental Services is available upon request. Additionally, the City retains a reserve of an estimated 90 days of operating costs calculated based on the annual budget for the Public Improvements. The 90 days of operating costs are apportioned to the Facility Property, waterfront Property and Related Development Property based on the percentages described below. Table D-1 below shows the special benefits analysis. The costs for the traffic management system and enhanced police services shown below are allocated 100% to the Facility Property. The costs for the enhanced development services, lake maintenance, and the street and roadway Public Improvements are allocated on a per-acre basis to the Facility Property, the Waterfront Property and the Related Development Property such that the Facility Property is apportioned approximately 41.66 percent (107.47 Facility Property/257.939495 total acres); the Waterfront Property is apportioned approximately 6.36 percent (16.421 Waterfront Property/257.939495 total acres); and the Related Development Property is apportioned approximately 51.97 percent (134.054995 Related Development Property/257.939495 total acres). [Remainder of page left blank intentionally.] 209 Exhibit D to The Colony SAP – Facility Public Improvements Cost Special Benefit Analysis - Page 1 1775.016\874945.7 2023-24 Public Improvement Costs Description of Public Improvements Total Estimated Cost Cost Allocated to Facility Property Cost Allocated to Waterfront Property Cost Allocated to Related Development Property Traffic management system $45,745.79 $45,745.79 $0 $0 Enhanced police services $242,787.29 $242,787.29 $0 $0 Enhanced development services $0 $0 $0 $0 Street and roadway improvement $872,000.00 $363,317.14 $55,491.48 $453,191.38 Lake maintenance $27,000 $11,249.50 $1,718.20 $14,032.30 PUBLIC IMPROVEMENT TOTALS $1,187,533.08 $663,099.72 $57,209.68 $467,223.68 90 Days Operating Cost Reserve $292,816 $122,001.39 $18,633.96 $152,181.03 Annual Direct Supplemental Services Costs $78,903 0 0 $78,903 TOTALS 1,559,252.46 $785,101.11 $75,843.64 $698,307.71 210 Exhibit D to The Colony SAP – Facility Public Improvements Cost Special Benefit Analysis - Page 2 1775.016\874945.7 2023-24 Public Improvement Costs Benefit Allocation Public Improvements TOTALS Special Benefit to Facility Property Special Benefit to Waterfront Property Special Benefit to Related Development Property Traffic management system $45,745.79 100%0%0% Enhanced police services $242,787.29 100%0 0% Enhanced development services $0 41.66%6.36%51.97% Street and roadway improvements $872,000.00 41.66%6.36%51.97% Lake maintenance $27,000.00 41.66%6.36%51.97% TOTALS $1,187,533.08 90 Days Operating Cost Reserve $292,816 41.66%6.36%51.97% Annual Direct Supplemental Services Costs $78,903 100% TOTALS 1,559,252.46 211 Exhibit E Assessment Roll Exhibit E to The Colony SAP – Assessment Roll - Page 1 1775.016\874945.7 1. Outstanding 2013 Facility Public Improvement Assessment levied against Facility Property consisting of Tax Parcels No. 657618 and 657619 is $77,845.63. 2. Assessment Roll for Additional Facility Public Improvements, Waterfront Public Improvements and Related Development Public Improvements as levied by the 2023 Assessment Ordinance: Tax Parcel Assessment Facility Property ($691,853.18) #657618 – 81.99 acres ~76.29%$527,822.11 #657619 – 25.48 acres ~23.71%$164,031.07 Waterfront Property ($61,601.36) #957987 – 13.774 acres~83.91%$51,691.92 #704832 – 0.675 acres~4.11%$2,533.18 #957988 - .506 acres ~3.08%$1,898.95 #957989 – 0.2976 acres ~1.81%$1,116.85 #957990 – 0.2717 acres ~ 1.66%$1,019.65 #957991 – 0.4838 acres ~ 2.95%$1,815.63 #957992 – 0.4064 acres ~ 2.48%$1,525.16 Related Development Property ($581,992.92) #692390 – 2.015 acres ~ 1.50%$7,562.02 #692391 – 2.105 acres ~ 1.57%$7,899.77 #653843 – 2.944 acres ~ 2.20%$11,048.43 #653844 – 2.683 acres ~ 2.00%$10,068.93 #674231 – 3.386 acres ~ 2.53%$12,707.19 #692387 – 1.903 acres ~ 1.42%$ 7,141.70 #692388 – 0.301 acres ~ 0.22%$1,129.61 #692379 – 2.931 acres ~2.19%$10,999.64 #692380 – 0.204 acres ~ 0.15%$ 765.58 #732382 – 8.551 acres ~ 6.38%$32,090.72 #748393 – 79.089 acres ~ 59.00%$304,791.43 #753491 – 5.839 acres ~ 4.36%$21,912.53 #753492 – 1.574 acres ~ 1.17%$5,906.10 #674218-3.645 acres ~2.72%$19,169.18 212 Exhibit E Assessment Roll Exhibit E to The Colony SAP – Assessment Roll - Page 2 1775.016\874945.7 #692389-1.925 acres ~1.44%$7,224.26 #1004631- 1.029 acres ~.77%$8,111.70 #1003642- 3.581 acres ~2.67%$72,732.00 #1015683- 10.35 acres ~7.72%$40,732.12 213 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 1 1775.016\874945.7 214 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 2 1775.016\874945.7 215 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 3 1775.016\874945.7 216 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 4 1775.016\874945.7 217 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 5 1775.016\874945.7 218 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 6 1775.016\874945.7 219 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 7 1775.016\874945.7 220 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 8 1775.016\874945.7 221 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 9 1775.016\874945.7 222 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 10 1775.016\874945.7 223 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 11 1775.016\874945.7 224 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 12 1775.016\874945.7 225 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 13 1775.016\874945.7 226 E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfalls Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating Debt Service Shortfalls - Page 14 1775.016\874945.7 20545 227 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 1 1775.016\874945.7 Below is a summary of prior legislative actions of the City Council for the District, including the levy of all Assessments against benefitted property within the District. This Exhibit F shall be updated with each Annual Service Plan Update. Items marked with an (**) were validated as part of the matter styled Ex Parte City of The Colony in the 53rd District Court of Travis County, Texas (the "Bond Validation Suit") for which a Final Judgment was issued on January 18, 2012. September 17, 2012**Landowner petition ("PID Creation Petition") for the establishment of the District is submitted to the City and filed with the City Secretary. September 18, 2012 City Council approved Resolution No. 2012-067 accepting the PID Creation Petition and calling a public hearing on the creation of the District for October 8, 2012. September 21, 2012**Notice of "City of The Colony, Texas, Notice of Public Hearing Regarding the Proposed Establishment of City of The Colony Public Improvement District No. 1" is mailed to "Property Owners" as required by the Act. September 22, 2012**Notice of "City of The Colony, Texas, Notice of Public Hearing Regarding the Proposed Establishment of City of The Colony Public Improvement District No. 1" is published in the Denton Record Chronicle as required by the Act. September 26, 2012**City Council by motion accepts and approves PID Creation Petition, waiver of the 15-day notice for the public hearing on the creation of the District to be held on October 8, 2012, and waiver of the 20-day protest period for the commencement of construction of the Authorized Improvements. October 8, 2012**After considering all written and documentary evidence presented at the public hearing described above, City Council approved Resolution No. 2012-073 authorizing the creation of the District. October 9, 2012**Publication of Resolution No. 2012-073 authorizing the creation of the District as required by the Act. December 11, 2012 City Council approved Resolution No. 2012-100 accepting a preliminary service and assessment plan, proposed assessment roll and proposed reimbursement agreement for the District and calling a public hearing ("2013 Assessment Hearing") for January 15, 2013 to consider an ordinance levying assessments on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. December 17, 2012**Notice of "City of The Colony, Texas, Notice of Public Hearing on Assessment Ordinance for the City of The Colony Public Improvement District No. 1" is mailed to "Property Owners" as required by the Act. December 19, 2012**Notice of "City of The Colony, Texas, Notice of Public Hearing on Assessment Ordinance for the City of The Colony Public Improvement District No. 1" is published in the Denton Record Chronicle as required by the Act. January 15, 2013 City Council conducted the 2013 Assessment Public Hearing and approved a motion to continue the 2013 Assessment Public Hearing to February 7, 2013. 228 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 2 1775.016\874945.7 February 7, 2013**After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2013-1992, recorded as Instrument No. 2013-20487 in the real property records of Denton County, Texas (the “2013 Assessment Ordinance”), which (i) approved and accepted the “City of The Colony, Texas, Public Improvement District No. 1 Service and Assessment Plan” dated February 7, 2013 (the “Original Service and Assessment Plan”), (ii) levied the 2013 Facility Public Improvement Assessment against the Facility Property for the 2013 Public Improvements as shown on the Assessment Roll attached as Exhibit G to the Original Service and Assessment Plan, and (iii) deferred levying the 2013 Related Development Deferred Assessment for the portion of the 2013 Public Improvements Cost that specially benefits the Related Development Property. City Council approved Resolution No 2013-008 approving the 2013 LGC Sales Tax Bonds, the 2013A LGC Sales Tax Bonds, and the 2013 LGC Tax Bonds and approving the 2013 LGC Sales Tax Bonds Reimbursement Agreement and the 2013 LGC Tax Bonds Reimbursement Agreement. City Council approved Resolution No. 2013-009 approving the 2013 Type A Bonds and approving the 2013 Type A Bonds Reimbursement Agreement. City Council approved Resolution No. 2013-010 approving the 2013 Type B Bonds and approving the 2013 Type B Bonds Reimbursement Agreement. April 21, 2015 City Council approved Resolution No. 2015-042 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2015 Annual Service and Assessment Plan, dated March 17, 2015, including proposed assessment roll for the District and calling a public hearing ("2015 Assessment Public Hearing") for May 5, 2015 to consider an ordinance levying assessments in the aggregate amount of $1,379,301.00 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. May 5, 2015 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2015 Assessment Public Hearing. After considering all written and documentary evidence presented at the duly noticed public hearing described above, the City Council approved Ordinance No. 2015-2136 (the "2015 Assessment Ordinance") which approved the 2015 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,379,301 consisting of: (i) $959,247.96 against the Facility Property for costs of Additional Facility Public Improvements (the "2015 Facility Assessment"), (ii) $369,143.53 for Boardwalk Public Improvement Costs (as defined in the 2015 Annual Service Plan Update) and $50,909.51 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $420,053.04 amount is referred to as the "2015 Related Development Assessment") August 18, 2015 City Council approved Resolution No. 2015-066 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2015-16 Annual Service and Assessment Plan, dated August 13, 2015, including proposed assessment roll for the District, and calling a public hearing ("2015-16 Assessment Public Hearing") for September 1, 2015 to consider an ordinance levying assessments in the aggregate amount of $1,454,992.00 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. 229 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 3 1775.016\874945.7 September 15, 2015 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2015-16 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2015-2160 (the "2015 Assessment Ordinance") which approved the 2015 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,454,992 consisting of: (i) $1,218,234.83 against the Facility Property for costs of Additional Facility Public Improvements (the "2015 Facility Assessment"), (ii) $148,428.69 for Boardwalk Public Improvement Costs (as defined in the 2015 Annual Service Plan Update) and $88,328.48 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $236,757.17 amount is referred to as the "2015 Related Development Assessment") August 16, 2016 City Council approved Resolution No. 2016-049 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2016-17 Annual Service and Assessment Plan, dated August 10, 2016, including proposed assessment roll for the District, and calling a public hearing ("2016 Assessment Public Hearing") for September 6, 2016 to consider an ordinance levying assessments in the aggregate amount of $1,162,836.00 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 6, 2016 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2016 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2016-2232 (the "2016 Assessment Ordinance") which approved the 2016 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,162,836.00 consisting of: (i) $875,155.64 against the Facility Property for costs of Additional Facility Public Improvements (the "2016 Facility Assessment"), (ii) $120,673.24 for Boardwalk Public Improvement Costs (as defined in the 2016 Annual Service Plan Update) and $167,007.12 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $287,681.36 amount is referred to as the "2016 Related Development Assessment"). September 5, 2017 City Council approved Resolution No. 2017-078 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2017-18 Annual Service and Assessment Plan, dated August 16, 2017, including proposed assessment roll for the District, and calling a public hearing ("2017 Assessment Public Hearing") for September 19, 2017 to consider an ordinance levying assessments in the aggregate amount of $1,531,458.00 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 19, 2017 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2017 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2017-2283 (the "2017 Assessment Ordinance") which approved the 2017 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,531,458 consisting of: (i) $658,465 230 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 4 1775.016\874945.7 September 19, 2017 (continued) against the Facility Property for costs of Additional Facility Public Improvements (the "2017 Facility Assessment"), (ii) $402,978 for Waterfront Public Improvement Costs (as defined in the 2017 Annual Service Plan Update) and $470,015 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $872,993 amount is referred to as the "2017 Related Development Assessment"). August 21, 2018 City Council approved Resolution No. 2018-071 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2018-19 Annual Service and Assessment Plan, dated August 16, 2018, including proposed assessment roll for the District, and calling a public hearing ("2018 Assessment Public Hearing") for September 18, 2018 to consider an ordinance levying assessments in the aggregate amount of $1,497,805.98 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 18, 2018 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2018 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2018-2235 (the "2018 Assessment Ordinance") which approved the 2018 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,497,805.98 consisting of: (i) $810,379.62 against the Facility Property for costs of Additional Facility Public Improvements (the "2018 Facility Assessment"), (ii) $83,293.66 for Waterfront Public Improvement Costs (as defined in the 2018 Annual Service Plan Update) and $604,132.70 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $687,426.36 amount is referred to as the "2018 Related Development Assessment"). August 20, 2019 City Council approved Resolution No. 2019-065 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2019-20 Annual Service and Assessment Plan, dated August 15, 2019, including proposed assessment roll for the District, and calling a public hearing ("2019 Assessment Public Hearing") for September 17, 2019 to consider an ordinance levying assessments in the aggregate amount of $1,061,109.02 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 17, 2019 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2019 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2019-2376 (the "2019 Assessment Ordinance") which approved the 2019 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,061,109.02 consisting of: (i) $570,667.99 against the Facility Property for costs of Additional Facility Public Improvements (the "2019 Facility Assessment"), (ii) $49,965.50 for Waterfront Public Improvement Costs (as defined in the 2019 Annual Service Plan Update) and $440,475.53 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $490,441.03 amount is referred to as the "2019 Related Development Assessment"). 231 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 5 1775.016\874945.7 August 5, 2020 City Council approved Ordinance No. 2020-2403 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2020-21 Annual Service and Assessment Plan, dated August 13, 2020, including proposed assessment roll for the District, and calling a public hearing ("2020 Assessment Public Hearing") for September 15, 2020 to consider an ordinance levying assessments in the aggregate amount of $1,061,109.02 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 15, 2020 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2020 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2020-2407 (the "2020 Assessment Ordinance") which approved the 2020 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,061,109.02 consisting of: (i) $570,667.99 against the Facility Property for costs of Additional Facility Public Improvements (the "2020 Facility Assessment"), (ii) $49,965.50 for Waterfront Public Improvement Costs (as shown in Exhibit B of the 2020 Assessment Ordinance) and $440,475.53 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $490,441.03 amount is referred to as the "2020 Related Development Assessment"). January 19, 2021 City Council approved Ordinance No. 2021-2430 approving an Approving an Amended and Restated Service and Assessment Plan for the District, Including Assessment Roll for The City of The Colony Public Improvement District No. 1. City Council approved Resolution No. 2021-006 approving and Consenting to The Colony Local Development Corporation Tax Increment Contract Revenue Refunding Bonds (Nebraska Furniture Mart Texas Project) Taxable Series 2021. August 17th, 2021 City Council approved Resolution No. 2021-053 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2021-22 Annual Service and Assessment Plan, dated August 13, 2020, including proposed assessment roll for the District, and calling a public hearing ("2021 Assessment Public Hearing") for September 7, 2021 to consider an ordinance levying assessments in the aggregate amount of $902,327on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. September 7th, 2021 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2021 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2021-2449 (the "2021 Assessment Ordinance") which approved the 2021 Annual Service Plan Update and levied Assessments in the aggregate amount of $902,327 consisting of: (i) $535,879.94 against the Facility Property for costs of Additional Facility Public Improvements (the "2021 Facility Assessment"), (ii) $41,034.82 for Waterfront Public Improvement Costs (as shown in Exhibit B of the 2021 Assessment Ordinance) and $325,412.13 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $366,446.95 amount is referred to as the "2021 Related Development Assessment"). The 2021 Assessment Ordinance was recorded as Document No. 168472 on September 14th, 2021 in the Real Property Records of Denton County. 232 Exhibit F Chronological History of City Council Legislative Actions for the District Exhibit F to The Colony SAP –- Chronological History of City Council Legislative Actions for the District - Page 6 1775.016\874945.7 August 16th, 2022 City Council approved Resolution No. 2022-054 accepting the City of The Colony Public Improvement District No. 1 Preliminary 2022-23 Annual Service and Assessment Plan, dated August 14th, 2022, including proposed assessment roll for the District, and calling a public hearing ("2022 Assessment Public Hearing") for September 6, 2022 to consider an ordinance levying assessments in the aggregate amount of $1,304,422 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. October 18th, 2022 After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2022 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2022-2491 (the "2022 Assessment Ordinance") which approved the 2022 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,304,421.76 consisting of: (i) $731,985.36 against the Facility Property for costs of Additional Facility Public Improvements (the "2022 Facility Assessment"), (ii) $68,245.18 for Waterfront Public Improvement Costs (as shown in Exhibit B of the 2022 Assessment Ordinance) and $504,191.22 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $572,436.40 amount is referred to as the "2021 Related Development Assessment"). The 2022 Assessment Ordinance was recorded as Document No. 149037 on October 21 st, 2022 in the Real Property Records of Denton County. [August 15th, 2023]City Council approved Resolution No. [________] accepting the City of The Colony Public Improvement District No. 1 Preliminary 2023-24 Annual Service and Assessment Plan, dated August 15th, 2023, including proposed assessment roll for the District, and calling a public hearing ("2023 Assessment Public Hearing") for September 5th, 2023 to consider an ordinance levying assessments in the aggregate amount of $1,335,447 on benefitted property within the District, and directing publication and mailing of statutory notices for such hearing. [September 5 th, 2023]After notice was properly mailed and published and required by the PID Act, the City Council conducted the 2023 Assessment Public Hearing. After considering all written and documentary evidence presented at the public hearing described above, the City Council approved Ordinance No. 2023 [________] (the "2023 Assessment Ordinance") which approved the 2023 Annual Service Plan Update and levied Assessments in the aggregate amount of $1,335,447 consisting of: (i) $691,853.18 against the Facility Property for costs of Additional Facility Public Improvements (the "2023 Facility Assessment"), (ii) $61,601.36 for Waterfront Public Improvement Costs (as shown in Exhibit B of the 2023 Assessment Ordinance) and $581,992.92 for Related Development Public Improvements Costs against the benefitted portions of the Related Development Property (collectively, the aggregate $643,594.28 amount is referred to as the "2022 Related Development Assessment"). 233 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 -_______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ACCEPTING A PRELIMINARY SERVICE AND ASSESSMENT PLAN FOR THE CITY OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO. 1, INCLUDING A DETERMINATION OF COST, A SERVICE PLAN, AN ASSESSMENT PLAN, AND AN ASSESSMENT ROLL; ORDERING A PUBLIC HEARING FOR TUESDAY, SEPTEMBER 5, 2023, TO CONSIDER AN ORDINANCE LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES WITHIN THE CITY OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO. 1 THAT ARE SPECIALLY BENEFITED BY THE PUBLIC IMPROVEMENTS AND SUPPLEMENTAL SERVICES BEING PROVIDED FOR FISCAL YEAR 2023-2024; AUTHORIZING AND DIRECTING THE PUBLICATION AND MAILING OF NOTICES FOR SAID PUBLIC HEARING; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 372 of the Texas Local Government Code 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 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; 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, to consider a resolution creating the District; and WHEREAS,on Tuesday, October 8, 2012, the City Council for the City approved Resolution No. 2012-073, creating the City of The Colony Public Improvement District No. 1; and WHEREAS, on Tuesday, August 15, 2023, the City Council proposes to accept the City of The Colony Public Improvement District No. 1, Preliminary 2022-2023 Annual Service and Assessment Plan, dated August 15, 2023, 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 2023-2024 Annual SAP”), which Preliminary 2023-2024 Annual SAP is attached hereto as Exhibit A; and WHEREAS, the City Council proposes a public hearing for Tuesday, September 5, 2023, to consider an ordinance levying assessments against the Property to pay for the public improvements identified in the Preliminary 2023-2024Annual SAP that will confer a special benefit on the Property 234 and authorizes and directs the City Secretary to publish and mail notices of said public hearing in accordance with the Act. 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 incorporated into the body of this Resolution as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby accept the Preliminary 2023-2024 Annual Service and Assessment Plan for the District and proposed assessment roll for the City of The Colony Public Improvement District No. 1, a copy of which is attached hereto as Exhibit A, and is incorporated for all purposes. SECTION 3.That the City Council of the City of The Colony, Texas, does hereby order a public hearing to be held on Tuesday, September 5, 2023 at 6:30 p.m., at City Hall, located at 6800 Main Street, The Colony, Texas, for the purpose of hearing public testimony concerning the levy of special assessments in the aggregate amount of $1,335,447.46 against the property within the District to pay for public improvements and enhanced services that will confer a special benefit on the properties located within the City of The Colony Public Improvement District No. 1. SECTION 4.At such time and place the City Council will hear testimony regarding the adoption of an ordinance levying special assessments against the properties in accordance with section 372.017 of the Act. SECTION 5.Notices of public hearing were mailed to affected landowners within the boundaries of the proposed District consistent with Section 372.016(c) of the Texas Local Government Code. SECTION 6.If any section, article paragraph, sentence, clause, phrase or word in this Resolution, 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 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 7. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 15th DAY OF AUGUST, 2023. Richard Boyer, Mayor 235 ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 236 Exhibit A City of The Colony Public Improvement District No. 1, Preliminary 2023-2024 Annual Service and Assessment Plan 237 Agenda Item No:5.7 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 2023 Submitted by: Brant Shallenburger Submitting Department: Parks & Recreation Item Type: Ordinance Agenda Section: Subject: Discuss and consider approving an ordinance ordering a special election to be held on November 7, 2023, to submit a proposition(s) to the eligible voters of the City for the sale of certain parkland property. (Shallenburger) Suggested Action: Attachments: Ord. 2023-xxxx Special Election-Parkland.docx 238 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023 - ________ AN ORDINANCE OF CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 7th DAY OF NOVEMBER, 2023, TO SUBMIT THREE (3) BALLOT PROPOSITIONS TO THE ELIGIBLE VOTERS OF THE CITY OF THE COLONY, TEXAS, ON WHETHER THE CITY OF THE COLONY, TEXAS MAY BE AUTHORIZED TO SELL CERTAIN PARKLAND PROPERTY; DESIGNATING THE PLACE AND MANNER OF HOLDING SAID ELECTION; DESIGNATING THE EARLY VOTING POLLING PLACE; DESIGNATING THE EARLY VOTING CLERK; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Section 253.001 of the Texas Local Government Code generally requires land owned, held, or claimed as a park may not be sold unless the issue of the sale is submitted to the qualified voters of the City at an election and is approved by a majority of the votes received at the election; and WHEREAS,Section 41.001(a) of the Texas Election Code establishes November 7, 2023, as a uniform election date for the City of The Colony, Texas; and WHEREAS,Section 3.005(c) of the Texas Election Code requires the City of The Colony, Texas, to order an election at least seventy-eight (78) days before the uniform election date by August 21, 2023; and WHEREAS,the meeting at which this Ordinance is considered is open to the public as required by law, and public notice of the time, place and purpose of said meeting was given as required by Section 551.043 of the Texas Government Code. 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 a Special Election shall be held on Tuesday, November 7, 2023, to consider the sale of parkland property being located at the following locations: 4526 W. Lake Highlands Drive; Garza Lake Estates, Block 7, Lot 39. which is located within the City of The Colony, Texas. The election shall be held between the hours of seven o’clock a.m. (7:00 a.m.) and seven o’clock p.m. (7:00 p.m.) POLLING PLACE: 239 (To Be Determined), The Colony, Texas SECTION 3. Voting on the date of the Election, and early voting therefore, shall be by the use of a lawfully approved voting system. The preparation of the voting equipment to be used in connection with such voting system and the official ballots for the Election shall conform to the Texas Election Code, as amended, so as to permit the eligible voters of the City to vote on whether to sell parkland. Said ballots shall have printed therein such provisions, markings, and language as may be required by law, and the Propositions shall be set forth on said ballots in substantially the following form and language: SPECIAL ELECTION City of The Colony, Texas November 7, 2023 OFFICIAL BALLOT Proposition # 1: FOR AGAINST Shall the City of The Colony, Texas sell 0.1435-acres of parkland generally located at 4529 W. Lake Highlands Drive, The Colony, Texas, and more particularly described as Block 8, Lot 48 of the Garza Lake Estates Addition, an addition to the City of The Colony, Denton County, Texas? Proposition # 2: FOR AGAINST Shall the City of The Colony, Texas sell 0.1435-acres of parkland generally located at 4531 W. Lake Highlands Drive, The Colony, Texas, and more particularly described as Block 8, Lot 49 of the Garza Lake Estates Addition, an addition to the City of The Colony, Denton County, Texas? Proposition # 3: FOR AGAINST Shall the City of The Colony, Texas sell 0.1434-acres of parkland generally located at 4526 W. Lake Highlands Drive, The Colony, Texas, and more particularly described as Block 7, Lot 39 of the Garza Lake Estates Addition, an addition to the City of The Colony, Denton County, Texas? 240 SECTION 4. That the City of The Colony, Texas, hereby designates the Election Day polling location(s) for the voters of the City of The Colony. The Election Day polling place and election officials shall be as attached hereto as Exhibit A, which is attached hereto and is incorporated herein for all purposes. The Election Judge may appoint such other clerks as needed to serve and assist in the conduct of the election. The Election Judge and Alternate Judge for the general election shall also serve as the Presiding Judge and Alternate Judge of the Early Voting Ballot Board, and are hereby directed to perform the duties required by the Texas Election Code, as amended. SECTION 5. Early Voting; Early Voting Polling Place. During the lawful early voting by personal appearance period as attached hereto as Exhibit A, which is attached hereto and is incorporated herein for all purposes, the City Secretary shall keep such place for early voting open for early voting consistent with the hours and dates attached hereto as Exhibit A. SECTION 6. Election Compliance. This election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In all City elections, the Mayor, City Secretary or City Council shall perform each act as is required to be performed, in connection with the holding and consummation of such election, and to give effect to the intent of this Ordinance. SECTION 7. Voting Qualification; Voting Materials.All registered, qualified voters of the City shall be permitted to vote at the election. In addition, the election materials enumerated in the Texas Election Code, as amended, shall be printed in English and Spanish for use at the polling places and for early voting for the Election. SECTION 8. Notices. The City Secretary is hereby directed to give notice of the election by: (a)Publishing the notice of the election at least once, not more than thirty (30) days nor less than ten (10) days before the election in the official newspaper of the City, or between October 8, 2023, and October 28, 2023; (b)Filing with the City Secretary, a copy of the notice of the election; (c) Posting a copy of the notice on the bulletin board used for posting notices of the meetings of the City Council at least twenty-one (21) days before the election, by October 17, 2023; and (d)Delivering notice of the election to the Denton County clerk not later than the 60th day before election day, or September 8, 2023. The City Secretary shall file with the City Secretary a copy of the Publisher’s Affidavit, which complies with the Texas Election Code, as amended, that the notice was published, with the name of the newspaper and the dates of publication. SECTION 9. Severability Clause. If any word, section, article, phrase, paragraph, sentence, clause, or portion of this Ordinance or application thereto to any person or circumstance 241 is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion 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 10.That this Ordinance shall become effective from and after its date of passage in accordance with law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 15TH DAY OF AUGUST 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 242 Exhibit A [Election Day Polling Location] [Early Voting Location, Dates, and Times] 243 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 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 appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. Suggested Action: Attachments: 244 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: August 15, 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 appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. Suggested Action: Attachments: 245