HomeMy WebLinkAboutCity Packets - City Council - 09/05/2023 - RegularAgenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation recognizing September 2023 as "Suicide Prevention Awareness Month". (Mayor)
Suggested Action:
Attachments:
Suicide Prevention Awareness Proclamation.docx
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MAYORAL PROCLAMATION
WHEREAS,addressing the prevention of suicide needs of children, youth, and adults today
is fundamental to the future of the City of The Colony; and the citizens of the City of The Colony
value their overall health and life and that of their families and fellow citizens and are proud to
support observances such as Suicide Prevention Awareness Month; and
WHEREAS, there is an average of 130 suicide deaths per day in the US; one suicide death
every two hours in our state; and 10% of adults experience suicidal thoughts in the US; and 1 and 5
Texas high school students reported seriously thinking about suicide and 20% making a plan and
12% making an attempt; and
WHEREAS,the need for comprehensive, coordinated mental health and suicide prevention
services for individuals and families’ places upon our community is a critical responsibility. There
is a strong body of research that supports specific tools that all Americans can use, to better handle
challenges, and protect their overall health and well-being; and each citizen, local business, school,
government agency, healthcare provider, and faith-based organization shares the weight of suicide
concerns and has a responsibility to promote mental wellness, recovery, and support prevention
efforts; and
WHEREAS,the Denton County Behavioral Health Leadership Team, Denton County MHMR
Center, Denton County Zero Suicide Task Force, Denton County LOSS Team, and Denton Regional Suicide
Prevention Coalition are effectively addressing the mental health and suicide prevention needs of
children, youth, adults, and families in our community; and it is appropriate that a month should be set
apart each year for the direction of our thoughts toward suicide prevention education and the support
of treatment and recovery; and
THEREFORE, BE IT RESOLVED that, I, Richard Boyer, Mayor of the City of The Colony, do
hereby proclaim the month of September 2023 as “Suicide Prevention Awareness Month”;and I
call upon our citizens and all agencies and organizations interested in helping to prevent suicide to
unite this month in the observance of such exercises as will commit the people of Denton to
increasing awareness and understanding of suicide, the steps our citizens can take to help prevent
suicide, and the need for appropriate and accessible services for all people experiencing suicidal
thoughts.
SIGNED and SEALED this 5th day of September, 2023.
________________________________
Richard Boyer, Mayor
City of The Colony, Texas
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation recognizing the first full week of September 2023 as "Payroll Week". (Mayor)
Suggested Action:
Attachments:
Payroll Week Proclamation.docx
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MAYORAL PROCLAMATION
WHEREAS, the American Payroll Association and its more than 20,000 members
have launched a nationwide public awareness campaign that pays tribute to the nearly
150 million people who work in the United States and the payroll professionals who
support the American system by paying wages, reporting worker earnings and
withholding federal employment taxes; and
WHEREAS,payroll professionals in The Colony, Texas play a key role in
maintaining the economic health of The Colony, carrying out such diverse tasks as
paying into the unemployment insurance system, providing information for child support
enforcement, and carrying out tax withholding, reporting and depositing; and
WHEAREAS, payroll departments collectively spend more than $2.4 trillion
annually complying with myriad federal and state wage and tax laws; and
WHEREAS, payroll professionals play an increasingly important role ensuring the
economic securityof American families by helping to identify non-custodial parents and
making sure they comply with their child support mandates; and
WHEREAS, payroll professionals have become increasingly proactive in educating
both the business community and the public at large about the payroll tax withholding
systems; and
WHEREAS, payroll professionals meet regularly with federal and state tax officials
to discuss both improving compliance with government procedures and how compliance
can be achieved at less cost to both government and businesses; and
WHEREAS,the week in which Labor Day falls has been proclaimed National Payroll
Week.
NOW THEREFORE, I, Richard Boyer, Mayor of the City of The Colony, Texas,
hereby give additional support to the efforts of the people who work in the City of The
Colony, and of the payroll profession by proclaiming the first full week of Septemberas:
City of the Colony Payroll Week
SIGNED and SEALED this 5h day of September, 2023.
________________________________
Richard Boyer, Mayor
City of The Colony, Texas
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Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Memorial Proclamation in Honor of Sandra Shearer Timmerman in recognition of her service to The Colony.
(Mayor)
Suggested Action:
Attachments:
Shearer Proclamation.docx
9
Memorial Proclamation
Honoring the Life and Service of
SANDRA SHEARER TIMMERMAN
Whereas,the City of The Colony community lost a valued citizenandcivic
leader on August 7th 2023, with the passing of Sandra Shearer
Timmerman, known to those here in The Colony as Sandra Shearer, and
Whereas,we take this time to honor this former resident who
generously gave her time and talents to improve our community; and
Whereas, Sandra Shearer Timmerman served the community as a
dedicated board member and later chairman of The Colony Municipal
Utility District. She was later appointed to the first Charter Commission
and was elected to the very first City Council for the City of The Colony
in 1977, serving as a council member as well as mayor pro tem, and
Whereas, Sandra’s election to the City Council and then to the Municipal
Utility District provided her the distinction of being the only resident of
The Colony to serve in an elected office continuously from the years of
1977, when the city was incorporated, until 1986; and
Whereas,The City of The Colony remembers and offers posthumous
gratitude to Sandra Shearer Timmerman for her years of dedicated
service and recognizes the important contributions she made to the
initial establishment of the city.
Now, therefore, I, Richard Boyer, Mayor of the City of The Colony, along
with the City Council, in appreciation of Sandra Shearer Timmerman’s
devotion and service, extend our sincere and heartfelt condolences to
her family and friends, who will surely feel her absence. Signed this 5
th
day of September 2023.
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Agenda Item No:1.8
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
11
Agenda Item No:1.9
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Presentation
Agenda Section:
Subject:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 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:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 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 15, 2023. (Stewart)
Suggested Action:
Attachments:
August 15, 2023 DRAFT Minutes.docx
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
AUGUST 15, 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 15
th day of August, 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
Absent (Personal)
Absent (Personal)
Present
And with 5 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
Councilman Wade 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
Mayor announced that he, along with City Manager Powell, will be competing in
a Denton County Mayors Pizza Cook-off event on August 23, 2023 at 5:30 p.m.
1.5.1 Receive presentation from the Library regarding upcoming events and activities.
Library Director, Megan Charters, provided upcoming events and activities to the
Council.
2.0 CITIZEN INPUT
None
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August 15, 2023
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3.0 WORK SESSION
3.1 Receive a presentation from staff and The Athletic Club regarding public-private
partnership in management of Five Star Park and related activities.
Deputy City Manager, Brant Shallenburger, gave an overview of this item. Eric
Woerner, Founder of the Athletic Club, spoke on future plans for the facility. He,
along with his team of professionals, Deric Salser (Development) and Fran Harris
(Sports), gave introductions and background information to Council.
Council provided discussion on the item.
Lindsay Ellis, 4024 Caldwell, asked questions relative to the proposed program
and outreach efforts made to inform the community about it. She spoke against turf
fields.
3.2 Receive a presentation on final concept design for Veterans Memorial addition at
the Five Star Complex.
Deputy City Manager, Brant Shallenburger, gave an overview of this item. Mary
Garcia, spoke of gratitude concerning the expansion.
3.3 Receive a presentation and update from SPAN.
Deputy City Manager, Joe Perez, provided an overview on the item. Max Calder,
Director of Operations and Kristine Herrera, Meals on Wheels Nutrition Programs
Manager, highlighted the current year’s activities and next year’s forecast with
regards to the service contract. Jona Coronado, Transportation Manager, was
available to answer any questions.
3.4 Council to provide direction to staff regarding future agenda items.
Mayor announced that there will be a special presentation added to the next agenda
for a Memorial recognition.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item Nos
4.5 and 4.7 – Marks; second by Ensweiler, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes from August 1,
2023.
4.2 Consider approving Council expenditures for June 2023.
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City Council – Regular Meeting Agenda
August 15, 2023
Page| 3
4.3 Consider approving a resolution approving a First Amendment to the Developer’s
Agreement between the City of The Colony and Wynnwood Peninsula Venture.
RESOLUTION NO. 2023-052
4.4 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.
RESOLUTION NO. 2023-053
4.5 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.
Motion to approve- Ensweiler; second by Marks, motion carried with all ayes.
ORDINANCE NO. 2023-2521
4.6 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.
RESOLUTION NO. 2023-054
4.7 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.
Motion to approve- Ensweiler; second by Holtz, motion carried with all ayes.
RESOLUTION NO. 2023-055
5.0 REGULAR AGENDA ITEMS
5.1 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.
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City Council – Regular Meeting Agenda
August 15, 2023
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Director of The Convention & Visitors Bureau, Mariko Lanicek, gave an
overview of this item.
Motion to approve – Marks; second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2023-056
5.2 Discuss and consider making a request regarding an engineeringvariance 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.
Director of Planning, Isaac Williams, presented this item.
Applicant, Clay Cristy P.E. of Claymore Engineering, spoke in support of the item
and answered questions from Council.
Motion to approve – Wade; second by Ensweiler, motion carried with all ayeswith Marks voting
no.
5.3 Conduct a public hearing on short-term rentals.
City Attorney, Jeff Moore, gave an update on the recent court developments on
short term rentals.
The public hearing opened at 8:38 p.m. and closed at 9:14 p.m.
Analisa Fink, 3809 Overlook Court, appeared and spoke on this item.
Clayton Moore, 3801 Overlook Court, appeared and spoke against this item.
Kim Moore, 3801 Overlook Court, appeared and spoke against this item.
Connor Leinneweber, 5164 Sherman Drive, appeared and spoke against this item.
Kelly Stoebner, 3829 Overlook Court, appeared and spoke against this item.
Lori Ricker, 4601 Lake Ridge Drive, appeared and spoke in favor of this item.
Marlene Trevino, 5005 Overton Circle, appeared and spoke in favor of this item.
Councilman Marks briefly left the meeting at 9:03 and returned at 9:09 p.m.
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City Council – Regular Meeting Agenda
August 15, 2023
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Councilmember Holtz briefly left the meeting at 9:08 and returned at 9:10 p.m.
5.4 Discuss and consider the City of The Colony Preliminary Municipal Budget 2023-
2024.
Assistant City Manager, Tim Miller, gave an overview of the item.
Council provided discussion on this item.
5.5 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.
Assistant City Manager, Tim Miller, presented this item to Council.
Mayor suggested changing the tax rate to $.64 per $100 of property valuation. He
announced the public hearing date for September 5, 2023 with approval
consideration on September 19, 2023.
5.6 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.
Executive Business Liaison, Jeremie Maurina, gave an overview of this item.
Motion to approve – Wade; second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2023-057
5.7 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.
Deputy City Manager, Brant Shallenburger, presented this item to Council.
Motion to approve – Ensweiler; second by Holtz, motion carried with all ayes.
ORDINANCE NO. 2023-2522
Executive Session was convened at 10:32 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
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City Council – Regular Meeting Agenda
August 15, 2023
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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.
Regular Session was reconvened at 11:06 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding purchase, exchange, lease
or value of real property and commercial or financial information the city has
received from a business prospect(s), and the offer of a financial or other incentive
to a business prospect(s).
No Action
B. Any action as a result of executive session regarding the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Attorney.
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 11:08 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
20
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for July 2023. (Council)
Suggested Action:
Attachments:
City Council July Expenditures.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Brant Shallenburger
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Municipal Building #5 Lease
Agreement with Lakeside Community Theater for the Fiscal Year 2023-24. (Shallenburger)
Suggested Action:
Attachments:
M#5 Lease Agreement - LCT -2023-24.pdf
Res. 2023-xxx Lakeside Community Theatre Lease Agreement.doc
51
Page 1 of 11 LAC LEASE
MUNICIPAL BUILDING #5 LEASE AGREEMENT
___________________________________________________________________________
1. PARTIES: The parties to this lease are:
The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: Lakeside
Community Theatre.
2. PROPERTY: Landlord leases to Tenant the following real property:
The property at 6303 Main Street, The Colony, TX 75056, referred to herein as the “Property”.
3. TERM:
Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term
of this Lease shall be for a period from October 1, 2023 (the “Commencement Date”), and end
at 11:59 p.m. on the date through September 30, 2024 (the “Expiration Date”) or on such earlier
date as this Lease may terminate as provided herein.
4. RENEWAL AND NOTICE OF TERMINATION:
A. Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of
their intention to renew the lease at the end of the current term.
B. Oral notice of termination is not sufficient under any circumstances. Time is of the essence
for providing notice of termination (strict compliance with dates by which notice must be
provided is required).
5. RENT:
A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each
full month during this lease. The first full month’s rent is due and payable not later than
October 1, 2023. Thereafter, Tenant will pay the monthly rent so that Landlord receives the
monthly rent on or before the first day of each month during this lease. Weekends, holidays,
and mail delays do not excuse Tenant’s obligation to timely pay rent.
B. Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the
following person or entity at the place stated below and shall make all payments payable to
the named person or entity. Landlord may later designate, in writing, another person or place
to which Tenant must remit amounts due under this lease.
Name: City of The Colony, Texas
Address: Parks and Recreation Department
5151 North Colony Boulevard, The Colony, TX 75056
C. Method of Payment:
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Page 2 of 11 LAC LEASE
(1) Tenant must pay all rent timely and without demand, deduction, or offset, except as
permitted by law or this lease.
(2) Time is of the essence for the payment of rent (strict compliance with rental due dates
is required).
(3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant
is not honored by the institution on which it was drawn, Landlord may require Tenant
to pay such amount and any subsequent amounts under this lease in certified funds.
This paragraph does not limit Landlord from seeking other remedies under this lease
for Tenant’s failure to make timely payments with good funds.
D. Rent Increases: There will be no rent increases through the primary term. Landlord may
increase the rent that will be paid through any subsequent term by providing at least 45 days
written notice to Tenant.
6. LATE CHARGES:
A. If Landlord does not actually receive a rent payment in the full amount at the designated
place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will
pay Landlord for each late payment:
(1) an initial late charge on the 5th day of the month equal to $10.00
and
(2) additional late charges of $5.00 per day beginning on the 6th day of the month until
rent and late charges are paid in full. Total late charges (initial and additional) may not
exceed $50.00 in any one month.
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt
for Landlord (the postmark date is not the date Landlord receives the payment). The parties
agree that the late charge is based on a reasonable estimate of uncertain damages to the
Landlord that are incapable of precise calculation and result from late payment of rent.
Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise
remedies under Paragraph 19.
7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to
Landlord which is returned or not honored by the institution on which it is drawn for any reason,
plus any late charges until Landlord receives payment. Tenant must make any returned check good
by paying such amount(s) plus any associated charges in certified funds.
8. SECURITY DEPOSIT:
A. Security Deposit: Tenant has previously paid Landlord a security deposit in the amount of
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Page 3 of 11 LAC LEASE
$360.00. “Security deposit” has the meaning assigned to that term in Section 92.102 of the
Texas Property Code.
B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may
place the security deposit in an interest-bearing or income-producing account and any
interest or income earned will be paid to Landlord or Landlord’s representative.
C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender
before Landlord is obligated to refund or account for the security deposit.
D. Deductions:
(1) Landlord may deduct reasonable charges from the security deposit for:
(a) damages to the Property, excluding normal wear and tear;
(b) costs for which Tenant is responsible to clean, deodorize, and maintain the
Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) replacing unreturned keys, garage door openers, security devices, or other
components;
(f) the removal of unauthorized locks or fixtures installed by Tenant;
(g) Landlord’s cost to access the Property if made inaccessible by Tenant;
(h) packing, removing, and storing abandoned property;
(i) removing abandoned or illegally parked vehicles;
(j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default;
(k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred
in any legal proceeding against Tenant;
(l) mailing or delivery costs associated with sending notices to Tenant for any
violations of this lease; and
(m) any other unpaid charges or fees or other items Tenant is responsible to pay under
this lease.
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Page 4 of 11 LAC LEASE
(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within
10 days after Landlord makes written demand.
9. ACCESS BY LANDLORD:
A. Landlord shall have access to the building at all times in order to facilitate routine and
emergency maintenance, and necessary storage of any city property associated with the use
of the building.
10. MOVE-OUT:
A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same
or similar condition as when received, normal wear and tear expected. Tenant will leave
the Property in a clean condition free of all trash, debris, and any personal property. Tenant
may not abandon the Property.
B. Definitions:
(1) “Normal wear and tear” means deterioration that occurs without negligence,
carelessness, accident, or abuse outside of normal expectations associated with the
normal use of the facility.
(2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s
reasonable judgment, and one of the following events occurs:
(a) the date Tenant specifies as the move-out or termination date in a written notice
to Landlord has passed; or
(b) Tenant returns keys and access devices that Landlord provided under this lease.
(3) “Abandonment” occurs when all of the following occur:
(a) all occupants have vacated the Property, in Landlord’s reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of
the main entry door or if the Landlord is prevented from entering the Property
by affixing it to the outside of the main entry door, stating that Landlord
considers the Property abandoned, and Tenant fails to respond to the affixed
notice by the time required in the notice, which will not be less than 2 days from
the date the notice is affixed to the main entry door.
C. Personal Property Left After Move-Out:
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Page 5 of 11 LAC LEASE
(1) If Tenant leaves any personal property in the Property after surrendering or abandoning
the Property Landlord may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization; or
(c) store and sell such personal property by following procedures in Section
54.045(b)-(e) of the Texas Property Code
(2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10
C(1) for packing, removing, storing, and selling the personal property left in the
Property after surrender or abandonment.
11. PROPERTY MAINTENANCE:
A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be
deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must:
(1) keep the Property clean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and
other devices (of the same type and quality that are in the property on the
Commencement Date);
(4) take action to promptly eliminate any dangerous condition on the Property;
(5) take all necessary precautions to prevent broken water pipes due to freezing or other
causes;
(6) remove any standing water;
(7) know the location and operation of the main water cut-off valve and all electric breakers
and how to switch the valve or breakers off at appropriate times to mitigate any
potential damage; and
(8) promptly notify Landlord, in writing, of all needed repairs.
B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized,
such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other
fixtures, such fixtures will become the property of the Landlord. Except as otherwise
permitted by law, this lease, or in writing by Landlord, Tenant may not:
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Page 6 of 11 LAC LEASE
(1) remove any part of the property or any of Landlord’s personal property from the
Property;
(2) remove, change, add, or rekey any lock;
(3) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm
systems;
(4) keep or permit any material which causes any liability or fire and extended insurance
coverage to be suspended or canceled or any premiums to be increased;
(5) dispose of any environmentally detrimental substance (for example, motor oil or
radiator fluid) on the Property; or
(6) cause or allow any lien to be filed against any portion of the Property.
C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in
addition to exercising Landlord’s remedies under Paragraph 20, perform whatever action
Tenant is obligated to perform and Tenant must immediately reimburse Landlord the
reasonable expenses that Landlord incurs.
12. REPAIRS:
A. Repair Requests: All requests for repairs must be in writing and delivered to Designated
Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given,
Landlord is not obligated to make the repair.
B. Completion of Repairs:
(1) Tenant may not repair or cause to be repaired any condition listed in paragraph
12(C)(1), regardless of the cause, without Landlord’s permission. All decisions
regarding repairs, including the completion of any repair, whether to repair or replace
the item will be at Landlord’s sole discretion.
(2) Landlord is not obligated to complete a repair on a day other than a business day unless
required to do so by the Property Code.
C. Payment of Repair Costs: Repair costs will be paid as follows:
(1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair:
(a) a condition caused by the Landlord or the negligence of the Landlord;
(b) wastewater stoppages or backups caused by deterioration, breakage, roots,
ground condition, faulty construction, or malfunctioning equipment.
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(c) a condition that adversely affects the health or safety of an ordinary tenant
which is not caused by Tenant, an occupant, a member of Tenant’s family, or a
guest or invitee of Tenant; and
(d) a condition in the following items which is not caused by Tenant or Tenant’s
negligence:
(1) heating and air conditioning systems;
(2) electrical repairs;
(3) damage to doors, windows, or screens;
(4) water heaters; or
(5) water penetration from structural defects.
(2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair:
(a) a condition caused by Tenant, an occupant, a member of Tenant’s organization,
or a guest or invitee of Tenant (a failure to timely report an item in need of
repair or the failure to properly maintain an item may cause damage for which
Tenant may be responsible);
(b) damage from wastewater stoppages caused by foreign or improper objects in
lines that exclusively service the Property; and
(c) damage from windows or doors left open.
13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by
Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in
writing. Installation of additional security devices or additional rekeying or replacement of security
devices desired by Tenant will be paid by Tenant in advance and may be installed only by
contractors authorized by Landlord.
14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to
be equipped with smoke detectors in certain locations. Requests for additional installation,
inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally
damaging a smoke detector or removing a battery without immediately replacing it with a working
battery may subject Tenant to civil penalties and liability for damages and attorney fees under
Section 92.2611 of the Texas Property Code.
15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s
guests, members, or occupants for any damages, injuries, or losses to person or property caused
by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft,
burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental
contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus,
etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any
loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s
guests, or any occupants.
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16. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will
pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for
damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s
fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily
basis, and will be immediately due and payable daily without notice or demand.
17. SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject,
subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by
Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on
any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or
encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting
the Property.
18. CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code
governs the rights and obligations of the parties regarding a casualty loss to the Property. Any
proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss
to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation
of all or a part of the property is a casualty loss.
19. DEFAULT:
A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law.
B. If Tenant fails to comply with this lease, Tenant will be in default and:
(1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant
with at least ten (10) days written notice to vacate;
(2) all unpaid rents which are payable during the remainder of this lease or any renewal
period will be accelerated without notice or demand; and
(3) Tenant will be liable for:
(a) any lost rent;
(b) Landlord’s cost of reletting the Property including but not limited to leasing
fees, advertising fees, utility charges, and other fees reasonably necessary to
relet the Property;
(c) repairs to the Property for use beyond normal wear and tear;
(d) all Landlord’s costs associated with eviction of Tenant, including but not
limited to attorney’s fees, court costs, costs of service, and prejudgment interest;
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(e) all Landlord’s costs associated with collection of amounts due under this lease,
including but not limited to collection fees, late charges, and returned check
charges; and
(f) any other recovery to which Landlord may be entitled by law.
C. Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section
24.005 of the Texas Property Code.
D. Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by
attempting to relet the Property to acceptable tenants and reducing Tenant’s liability
accordingly.
20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the
Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the
parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law,
or this Paragraph.
A. Early Termination Option: Tenant(s) in good standing (those who are in compliance
with the lease) have the option to terminate this lease prior to the normal end of term
or during any future renewal by providing the Landlord all of the following a) a
minimum 45 day written notice, b) providing the last date of occupancy and c)
submitting certified funds (Cashier’s Check, money orders or wire transfer) as an
“Early Termination Fee” in the amount of 150% of one month’s rent at the time notice
is provided. Rent will be prorated on a daily basis through the revised end of term.
Tenant is required to conform to all other terms of the lease or the Early Termination
Option will be forfeit and the tenant will be responsible for the full amount of rent as
allowed by the lease.
B. Assignment and Subletting:
(1) Tenant may not assign this lease or sublet the Property without Landlord’s
written consent.
(2) If Tenant requests an early termination of this lease under this Paragraph 20A,
Tenant may attempt to find a replacement tenant and may request Landlord to
do the same. Landlord may, but is not obligated to, attempt to find a replacement
tenant under this paragraph.
(3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion,
be acceptable as a tenant and must sign: (a) a new lease with terms not less
favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a
sublease with terms approved by Landlord; or (c) an assignment of this lease in
a form approved by Landlord.
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(4) Unless expressly stated otherwise in an assignment or sublease, Tenant will not
be released from Tenant’s obligations under this lease because of an assignment
or sublease. An assignment of this lease or a sublease of this lease without
Landlord’s written consent is voidable by Landlord.
21. ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought
under or related to the transaction described in this lease is entitled to recover prejudgment interest,
attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing
party.
22. AGREEMENT OF PARTIES:
A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease
contains the entire agreement between Landlord and Tenant and may not be changed except
by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this
lease and their respective heirs, executors, administrators, successors, and permitted
assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease.
Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding
any term of this lease, its extension, its renewal, or its termination is binding on all Tenants
executing this lease.
D. Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other
right will not be deemed to be a waiver of any other breach by Tenant or any other right in
this lease.
E. Severability Clause: Should a court find any clause in this lease unenforceable, the
remainder of this lease will not be affected and all other provisions in this lease will remain
enforceable.
F. Controlling Law: The laws of the State of Texas govern the interpretation, validity,
performance, and enforcement of this lease. Venue for any action arising under this lease
shall lie in the state district and county courts of Denton County, Texas.
G. Signage. Tenant shall have the right to erect signs on any portion of the Property only in
accordance with applicable laws, ordinances, and regulations.
H. Taxes. Landlord shall be liable for any taxes levied or accessed against the Property,
excluding any taxes levied or assessed for any personal property, furniture, or fixtures
placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed
against any personal property, furniture or fixtures placed by Tenant on the Property.
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Executed and agreed to this ___ day of ________, 2023.
_______________________________ ____________________________
Troy Powell President, Lakeside Community
City Manager, City of The Colony Theatre
Approved as to form:
_______________________________
Jeff Moore, City Attorney
62
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 MUNICIPAL BUILDING #5 LEASE
AGREEMENT WITH LAKESIDE COMMUNITY THEATER FOR
FISCAL YEAR 2023-24 OF PROPERTY LOCATED AT 6303 MAIN
STREET, THE COLONY, TEXAS; PROVIDING AN EFFECTIVE
DATE
WHEREAS,That the City Council of the City of The Colony, Texas, approved a
building use policy establishing guidelines for the use and rental of City facilities; and
WHEREAS, The Colony City Council has determined it to be in the best interest
of its citizens to enter into a Lease Agreement through September 30, 2024 with
Lakeside Community Theater to lease a portion of the property located at 6303 Main
Street, The Colony, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
authorizes the city manager to execute an Agreement with Lakeside Community Theater
for the use of a portion of the property located at 6303 Main Street, The Colony, Texas.
Section 2.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 5TH DAY OF SEPTEMBER 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
63
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Brant Shallenburger
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Government Center Lease
Agreement with American Legion Holley-Riddle Post 21 for the Fiscal Year 2023-24. (Shallenburger)
Suggested Action:
Attachments:
GC Lease Agreement - AL - 2023-24.pdf
Res. 2023-xxx American Legion HR Lease Agreement.doc
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GOVERNMENT CENTER LEASE AGREEMENT
___________________________________________________________________________
1. PARTIES: The parties to this lease are:
The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: American
Legion Holley-Riddle Post 21
2. PROPERTY: Landlord leases to Tenant the following real property:
A portion of the property at 6301 Main Street The Colony, TX 75056 more particularly
identified as area A in Exhibit “A”, referred to herein as the “Property”.
3. TERM:
Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term
of this Lease shall be for a period from October 1, 2023 (the “Commencement Date”), and end
at 11:59 p.m. on the date through September 30, 2024 (the “Expiration Date”) or on such earlier
date as this Lease may terminate as provided herein.
4. RENEWAL AND NOTICE OF TERMINATION:
A. Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of
their intention to renew the lease at the end of the current term.
B. Oral notice of termination is not sufficient under any circumstances. Time is of the essence
for providing notice of termination (strict compliance with dates by which notice must be
provided is required).
5. RENT:
A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each
full month during this lease. The first full month’s rent is due and payable not later than
October 1, 2023. Thereafter, Tenant will pay the monthly rent so that Landlord receives the
monthly rent on or before the first day of each month during this lease. Weekends, holidays,
and mail delays do not excuse Tenant’s obligation to timely pay rent.
B. Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the
following person or entity at the place stated below and shall make all payments payable to
the named person or entity. Landlord may later designate, in writing, another person or place
to which Tenant must remit amounts due under this lease.
Name: City of The Colony, Texas
Address: Parks and Recreation Department
5151 North Colony Boulevard, The Colony, TX 75056
C. Method of Payment:
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(1) Tenant must pay all rent timely and without demand, deduction, or offset, except as
permitted by law or this lease.
(2) Time is of the essence for the payment of rent (strict compliance with rental due dates
is required).
(3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant
is not honored by the institution on which it was drawn, Landlord may require Tenant
to pay such amount and any subsequent amounts under this lease in certified funds.
This paragraph does not limit Landlord from seeking other remedies under this lease
for Tenant’s failure to make timely payments with good funds.
D. Rent Increases: There will be no rent increases through the primary term. Landlord may
increase the rent that will be paid through any subsequent term by providing at least 45 days
written notice to Tenant.
6. LATE CHARGES:
A. If Landlord does not actually receive a rent payment in the full amount at the designated
place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will
pay Landlord for each late payment:
(1) an initial late charge on the 5th day of the month equal to $10.00
and
(2) additional late charges of $5.00 per day beginning on the 6th day of the month until
rent and late charges are paid in full. Total late charges (initial and additional) may not
exceed $50.00 in any one month.
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt
for Landlord (the postmark date is not the date Landlord receives the payment). The parties
agree that the late charge is based on a reasonable estimate of uncertain damages to the
Landlord that are incapable of precise calculation and result from late payment of rent.
Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise
remedies under Paragraph 19.
7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to
Landlord which is returned or not honored by the institution on which it is drawn for any reason,
plus any late charges until Landlord receives payment. Tenant must make any returned check good
by paying such amount(s) plus any associated charges in certified funds.
8. SECURITY DEPOSIT:
A. Security Deposit: Tenant has previously paid Landlord a security deposit in the amount of
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$360.00. “Security deposit” has the meaning assigned to that term in Section 92.102 of the
Texas Property Code.
B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may
place the security deposit in an interest-bearing or income-producing account and any
interest or income earned will be paid to Landlord or Landlord’s representative.
C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender
before Landlord is obligated to refund or account for the security deposit.
D. Deductions:
(1) Landlord may deduct reasonable charges from the security deposit for:
(a) damages to the Property, excluding normal wear and tear;
(b) costs for which Tenant is responsible to clean, deodorize, and maintain the
Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) replacing unreturned keys, garage door openers, security devices, or other
components;
(f) the removal of unauthorized locks or fixtures installed by Tenant;
(g) Landlord’s cost to access the Property if made inaccessible by Tenant;
(h) packing, removing, and storing abandoned property;
(i) removing abandoned or illegally parked vehicles;
(j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default;
(k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred
in any legal proceeding against Tenant;
(l) mailing or delivery costs associated with sending notices to Tenant for any
violations of this lease; and
(m) any other unpaid charges or fees or other items Tenant is responsible to pay under
this lease.
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(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within
10 days after Landlord makes written demand.
9. ACCESS BY LANDLORD:
Landlord shall have access to the building at all times in order to facilitate routine and
emergency maintenance, and necessary storage of any city property associated with the use
of the building.
10. MOVE-OUT:
A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same
or similar condition as when received, normal wear and tear expected. Tenant will leave
the Property in a clean condition free of all trash, debris, and any personal property. Tenant
may not abandon the Property.
B. Definitions:
(1) “Normal wear and tear” means deterioration that occurs without negligence,
carelessness, accident, or abuse outside of normal expectations associated with the
normal use of the facility.
(2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s
reasonable judgment, and one of the following events occurs:
(a) the date Tenant specifies as the move-out or termination date in a written notice
to Landlord has passed; or
(b) Tenant returns keys and access devices that Landlord provided under this lease.
(3) “Abandonment” occurs when all of the following occur:
(a) all occupants have vacated the Property, in Landlord’s reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of
the main entry door or if the Landlord is prevented from entering the Property
by affixing it to the outside of the main entry door, stating that Landlord
considers the Property abandoned, and Tenant fails to respond to the affixed
notice by the time required in the notice, which will not be less than 2 days from
the date the notice is affixed to the main entry door.
C. Personal Property Left After Move-Out:
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(1) If Tenant leaves any personal property in the Property after surrendering or abandoning
the Property Landlord may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization; or
(c) store and sell such personal property by following procedures in Section
54.045(b)-(e) of the Texas Property Code
(2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10
C(1) for packing, removing, storing, and selling the personal property left in the
Property after surrender or abandonment.
11. PROPERTY MAINTENANCE:
A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be
deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must:
(1) keep the Property clean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and
other devices (of the same type and quality that are in the property on the
Commencement Date);
(4) take action to promptly eliminate any dangerous condition on the Property;
(5) take all necessary precautions to prevent broken water pipes due to freezing or other
causes;
(6) remove any standing water;
(7) know the location and operation of the main water cut-off valve and all electric breakers
and how to switch the valve or breakers off at appropriate times to mitigate any
potential damage; and
(8) promptly notify Landlord, in writing, of all needed repairs.
B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized,
such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other
fixtures, such fixtures will become the property of the Landlord. Except as otherwise
permitted by law, this lease, or in writing by Landlord, Tenant may not:
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(1) remove any part of the property or any of Landlord’s personal property from the
Property;
(2) remove, change, add, or rekey any lock;
(3) make holes in the woodwork, floors, or walls, except that a reasonable number of small
nails may be used to hang pictures in sheetrock and grooves in paneling;
(4) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm
systems;
(5) keep or permit any material which causes any liability or fire and extended insurance
coverage to be suspended or canceled or any premiums to be increased;
(6) dispose of any environmentally detrimental substance (for example, motor oil or
radiator fluid) on the Property; or
(7) cause or allow any lien to be filed against any portion of the Property.
C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in
addition to exercising Landlord’s remedies under Paragraph 19, perform whatever action
Tenant is obligated to perform and Tenant must immediately reimburse Landlord the
reasonable expenses that Landlord incurs.
12. REPAIRS:
A. Repair Requests: All requests for repairs must be in writing and delivered to Designated
Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given,
Landlord is not obligated to make the repair.
B. Completion of Repairs:
(1) Tenant may not repair or cause to be repaired any condition listed in Paragraph
12(C)(1), regardless of the cause, without Landlord’s permission. All decisions
regarding repairs, including the completion of any repair, whether to repair or replace
the item, will be at Landlord’s sole discretion.
(2) Landlord is not obligated to complete a repair on a day other than a business day unless
required to do so by the Property Code.
C. Payment of Repair Costs: Repair costs will be paid as follows:
(1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair:
(a) a condition caused by the Landlord or the negligence of the Landlord;
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(b) wastewater stoppages or backups caused by deterioration, breakage, roots,
ground condition, faulty construction, or malfunctioning equipment.
(c) a condition that adversely affects the health or safety of an ordinary tenant
which is not caused by Tenant, an occupant, a member of Tenant’s family, or a
guest or invitee of Tenant; and
(d) a condition in the following items which is not caused by Tenant or Tenant’s
negligence:
(1) heating and air conditioning systems;
(2) electrical repairs;
(3) damage to doors, windows, or screens
(4) water heaters; or
(5) water penetration from structural defects.
(2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair:
(a) a condition caused by Tenant, an occupant, a member of Tenant’s organization,
or a guest or invitee of Tenant (a failure to timely report an item in need of
repair or the failure to properly maintain an item may cause damage for which
Tenant may be responsible);
(b) damage from wastewater stoppages caused by foreign or improper objects in
lines that exclusively service the Property; and
(c) damage from windows or doors left open.
13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by
Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in
writing. Installation of additional security devices or additional rekeying or replacement of security
devices desired by Tenant will be paid by Tenant in advance and may be installed only by
contractors authorized by Landlord.
14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to
be equipped with smoke detectors in certain locations. Requests for additional installation,
inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally
damaging a smoke detector or removing a battery without immediately replacing it with a working
battery may subject Tenant to civil penalties and liability for damages and attorney fees under
Section 92.2611 of the Texas Property Code.
15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s
guests, members, or occupants for any damages, injuries, or losses to person or property caused
by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft,
burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental
contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus,
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etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any
loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s
guests, or any occupants.
16. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will
pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for
damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s
fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily
basis, and will be immediately due and payable daily without notice or demand.
17. SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject,
subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by
Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on
any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or
encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting
the Property.
18. CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code
governs the rights and obligations of the parties regarding a casualty loss to the Property. Any
proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss
to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation
of all or a part of the property is a casualty loss.
19. DEFAULT:
A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law.
B. If Tenant fails to comply with this lease, Tenant will be in default and:
(1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant
with at least ten (10) days written notice to vacate;
(2) all unpaid rents which are payable during the remainder of this lease or any renewal
period will be accelerated without notice or demand; and
(3) Tenant will be liable for:
(a) any lost rent;
(b) Landlord’s cost of reletting the Property including but not limited to leasing
fees, advertising fees, utility charges, and other fees reasonably necessary to
relet the Property;
(c) repairs to the Property for use beyond normal wear and tear;
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(d) all Landlord’s costs associated with eviction of Tenant, including but not
limited to attorney’s fees, court costs, costs of service, and prejudgment interest;
(e) all Landlord’s costs associated with collection of amounts due under this lease,
including but not limited to collection fees, late charges, and returned check
charges; and
(f) any other recovery to which Landlord may be entitled by law.
C. Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section
24.005 of the Texas Property Code.
D. Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by
attempting to relet the Property to acceptable tenants and reducing Tenant’s liability
accordingly.
20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the
Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the
parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law,
or this Paragraph.
A. Early Termination Option: Tenant(s) in good standing (those who are in compliance
with the lease) have the option to terminate this lease prior to the normal end of term
or during any future renewal by providing the Landlord all of the following a) a
minimum 45 day written notice, b) providing the last date of occupancy and c)
submitting certified funds (Cashier’s Check, money orders or wire transfer) as an
“Early Termination Fee” in the amount of 150% of one month’s rent at the time notice
is provided. Rent will be prorated on a daily basis through the revised end of term.
Tenant is required to conform to all other terms of the lease or the Early Termination
Option will be forfeit and the tenant will be responsible for the full amount of rent as
allowed by the lease.
B. Assignment and Subletting:
(1) Tenant may not assign this lease or sublet the Property without Landlord’s
written consent.
(2) If Tenant requests an early termination of this lease under this Paragraph 20A,
Tenant may attempt to find a replacement tenant and may request Landlord to
do the same. Landlord may, but is not obligated to, attempt to find a replacement
tenant under this paragraph.
(3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion,
be acceptable as a tenant and must sign: (a) a new lease with terms not less
favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a
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sublease with terms approved by Landlord; or (c) an assignment of this lease in
a form approved by Landlord.
(4) Unless expressly stated otherwise in an assignment or sublease, Tenant will not
be released from Tenant’s obligations under this lease because of an assignment
or sublease. An assignment of this lease or a sublease of this lease without
Landlord’s written consent is voidable by Landlord.
21. ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought
under or related to the transaction described in this lease is entitled to recover prejudgment interest,
attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing
party.
22. AGREEMENT OF PARTIES:
A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease
contains the entire agreement between Landlord and Tenant and may not be changed except
by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this
lease and their respective heirs, executors, administrators, successors, and permitted
assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease.
Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding
any term of this lease, its extension, its renewal, or its termination is binding on all Tenants
executing this lease.
D. Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other
right will not be deemed to be a waiver of any other breach by Tenant or any other right in
this lease.
E. Severability Clause: Should a court find any clause in this lease unenforceable, the
remainder of this lease will not be affected and all other provisions in this lease will remain
enforceable.
F. Controlling Law: The laws of the State of Texas govern the interpretation, validity,
performance, and enforcement of this lease. Venue for any action arising under this lease
shall lie in the state district and county courts of Denton County, Texas.
G. Signage. Tenant shall have the right to erect signs on any portion of the Property only in
accordance with applicable laws, ordinances, and regulations.
H. Taxes. Landlord shall be liable for any taxes levied or accessed against the Property,
excluding any taxes levied or assessed for any personal property, furniture, or fixtures
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placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed
against any personal property, furniture or fixtures placed by Tenant on the Property.
Executed and agreed to this ___ day of ________, 2023.
_______________________________ ____________________________
Troy Powell Commander, American Legion Holley-
City Manager, City of the Colony Riddle Post 21
Approved as to form:
_______________________________
Jeff Moore, City Attorney
75
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 GOVERNMENT CENTER LEASE AGREEMENT
WITH AMERICAN LEGION HOLLEY-RIDDLE POST 21 FOR
THE FISCAL YEAR 2023-2024 FOR A PORTION OF PROPERTY
LOCATED AT 6301 MAIN STREET, THE COLONY, TEXAS;
PROVIDING AN EFFECTIVE DATE
WHEREAS,That the City Council of the City of The Colony, Texas, approved a
building use policy establishing guidelines for the use and rental of City facilities; and
WHEREAS, The Colony City Council has determined it to be in the best interest
of its citizens to enter into a Government Center Lease Agreement through September
30, 2024 with American Legion Holley-Riddle Post 21 to lease a portion of the property
located at 6301 Main Street, The Colony, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
authorizes the city manager to execute an Agreement with American Legion Holley-
Riddle Post 21 for the use of a portion of the property located at 6301 Main Street, The
Colony, Texas.
Section 2.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 5TH DAY OF SEPTEMBER 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
76
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Brant Shallenburger
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Trinity North Lease Agreement with
The Colony Chamber of Commerce for the Fiscal Year 2023-24. (Shallenburger)
Suggested Action:
Attachments:
TN Lease Agreement - TCCOC- 2023-24.pdf
Res. 2023-xxx The Colony Chamber of Commerce Lease Agreement.doc
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GOVERNMENT CENTER LEASE AGREEMENT
___________________________________________________________________________
1. PARTIES: The parties to this lease are:
The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: The Colony
Chamber of Commerce
2. PROPERTY: Landlord leases to Tenant the following real property:
A portion of the property at 6053 Main Street The Colony, TX 75056 Suite 200, referred to
herein as the “Property”.
3. TERM:
Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term
of this Lease shall be for a period from October 1, 2023 (the “Commencement Date”), and end
at 11:59 p.m. on the date through September 30, 2024 (the “Expiration Date”) or on such earlier
date as this Lease may terminate as provided herein.
4. RENEWAL AND NOTICE OF TERMINATION:
A. Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of
their intention to renew the lease at the end of the current term.
B. Oral notice of termination is not sufficient under any circumstances. Time is of the essence
for providing notice of termination (strict compliance with dates by which notice must be
provided is required).
5. RENT:
A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each
full month during this lease. The first full month’s rent is due and payable not later than
October 1, 2023. Thereafter, Tenant will pay the monthly rent so that Landlord receives the
monthly rent on or before the first day of each month during this lease. Weekends, holidays,
and mail delays do not excuse Tenant’s obligation to timely pay rent.
B. Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the
following person or entity at the place stated below and shall make all payments payable to
the named person or entity. Landlord may later designate, in writing, another person or place
to which Tenant must remit amounts due under this lease.
Name: City of The Colony, Texas
Address: Parks and Recreation Department
5151 North Colony Boulevard, The Colony, TX 75056
C. Method of Payment:
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(1) Tenant must pay all rent timely and without demand, deduction, or offset, except as
permitted by law or this lease.
(2) Time is of the essence for the payment of rent (strict compliance with rental due dates
is required).
(3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant
is not honored by the institution on which it was drawn, Landlord may require Tenant
to pay such amount and any subsequent amounts under this lease in certified funds.
This paragraph does not limit Landlord from seeking other remedies under this lease
for Tenant’s failure to make timely payments with good funds.
D. Rent Increases: There will be no rent increases through the primary term. Landlord may
increase the rent that will be paid through any subsequent term by providing at least 45 days
written notice to Tenant.
6. LATE CHARGES:
A. If Landlord does not actually receive a rent payment in the full amount at the designated
place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will
pay Landlord for each late payment:
(1) an initial late charge on the 5th day of the month equal to $10.00
and
(2) additional late charges of $5.00 per day beginning on the 6th day of the month until
rent and late charges are paid in full. Total late charges (initial and additional) may not
exceed $50.00 in any one month.
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt
for Landlord (the postmark date is not the date Landlord receives the payment). The parties
agree that the late charge is based on a reasonable estimate of uncertain damages to the
Landlord that are incapable of precise calculation and result from late payment of rent.
Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise
remedies under Paragraph 19.
7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to
Landlord which is returned or not honored by the institution on which it is drawn for any reason,
plus any late charges until Landlord receives payment. Tenant must make any returned check good
by paying such amount(s) plus any associated charges in certified funds.
8. SECURITY DEPOSIT:
A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit
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to Landlord in the amount of $360.00. “Security deposit” has the meaning assigned to
that term in Section 92.102 of the Texas Property Code.
B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may
place the security deposit in an interest-bearing or income-producing account and any
interest or income earned will be paid to Landlord or Landlord’s representative.
C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender
before Landlord is obligated to refund or account for the security deposit.
D. Deductions:
(1) Landlord may deduct reasonable charges from the security deposit for:
(a) damages to the Property, excluding normal wear and tear;
(b) costs for which Tenant is responsible to clean, deodorize, and maintain the
Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) replacing unreturned keys, garage door openers, security devices, or other
components;
(f) the removal of unauthorized locks or fixtures installed by Tenant;
(g) Landlord’s cost to access the Property if made inaccessible by Tenant;
(h) packing, removing, and storing abandoned property;
(i) removing abandoned or illegally parked vehicles;
(j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default;
(k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred
in any legal proceeding against Tenant;
(l) mailing or delivery costs associated with sending notices to Tenant for any
violations of this lease; and
(m) any other unpaid charges or fees or other items Tenant is responsible to pay under
this lease.
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(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within
10 days after Landlord makes written demand.
9. ACCESS BY LANDLORD:
Landlord shall have access to the building at all times in order to facilitate routine and
emergency maintenance, and necessary storage of any city property associated with the use
of the building.
10. MOVE-OUT:
A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same
or similar condition as when received, normal wear and tear expected. Tenant will leave
the Property in a clean condition free of all trash, debris, and any personal property. Tenant
may not abandon the Property.
B. Definitions:
(1) “Normal wear and tear” means deterioration that occurs without negligence,
carelessness, accident, or abuse outside of normal expectations associated with the
normal use of the facility.
(2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s
reasonable judgment, and one of the following events occurs:
(a) the date Tenant specifies as the move-out or termination date in a written notice
to Landlord has passed; or
(b) Tenant returns keys and access devices that Landlord provided under this lease.
(3) “Abandonment” occurs when all of the following occur:
(a) all occupants have vacated the Property, in Landlord’s reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of
the main entry door or if the Landlord is prevented from entering the Property
by affixing it to the outside of the main entry door, stating that Landlord
considers the Property abandoned, and Tenant fails to respond to the affixed
notice by the time required in the notice, which will not be less than 2 days from
the date the notice is affixed to the main entry door.
C. Personal Property Left After Move-Out:
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(1) If Tenant leaves any personal property in the Property after surrendering or abandoning
the Property Landlord may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization; or
(c) store and sell such personal property by following procedures in Section
54.045(b)-(e) of the Texas Property Code
(2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10
C(1) for packing, removing, storing, and selling the personal property left in the
Property after surrender or abandonment.
11. PROPERTY MAINTENANCE:
A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be
deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must:
(1) keep the Property clean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and
other devices (of the same type and quality that are in the property on the
Commencement Date);
(4) take action to promptly eliminate any dangerous condition on the Property;
(5) take all necessary precautions to prevent broken water pipes due to freezing or other
causes;
(6) remove any standing water;
(7) know the location and operation of the main water cut-off valve and all electric breakers
and how to switch the valve or breakers off at appropriate times to mitigate any
potential damage; and
(8) promptly notify Landlord, in writing, of all needed repairs.
B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized,
such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other
fixtures, such fixtures will become the property of the Landlord. Except as otherwise
permitted by law, this lease, or in writing by Landlord, Tenant may not:
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(1) remove any part of the property or any of Landlord’s personal property from the
Property;
(2) remove, change, add, or rekey any lock;
(3) make holes in the woodwork, floors, or walls, except that a reasonable number of small
nails may be used to hang pictures in sheetrock and grooves in paneling;
(4) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm
systems;
(5) keep or permit any material which causes any liability or fire and extended insurance
coverage to be suspended or canceled or any premiums to be increased;
(6) dispose of any environmentally detrimental substance (for example, motor oil or
radiator fluid) on the Property; or
(7) cause or allow any lien to be filed against any portion of the Property.
C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in
addition to exercising Landlord’s remedies under Paragraph 19, perform whatever action
Tenant is obligated to perform and Tenant must immediately reimburse Landlord the
reasonable expenses that Landlord incurs.
12. REPAIRS:
A. Repair Requests: All requests for repairs must be in writing and delivered to Designated
Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given,
Landlord is not obligated to make the repair.
B. Completion of Repairs:
(1) Tenant may not repair or cause to be repaired any condition listed in Paragraph
12(C)(1), regardless of the cause, without Landlord’s permission. All decisions
regarding repairs, including the completion of any repair, whether to repair or replace
the item, will be at Landlord’s sole discretion.
(2) Landlord is not obligated to complete a repair on a day other than a business day unless
required to do so by the Property Code.
C. Payment of Repair Costs: Repair costs will be paid as follows:
(1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair:
(a) a condition caused by the Landlord or the negligence of the Landlord;
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(b) wastewater stoppages or backups caused by deterioration, breakage, roots,
ground condition, faulty construction, or malfunctioning equipment.
(c) a condition that adversely affects the health or safety of an ordinary tenant
which is not caused by Tenant, an occupant, a member of Tenant’s family, or a
guest or invitee of Tenant; and
(d) a condition in the following items which is not caused by Tenant or Tenant’s
negligence:
(1) heating and air conditioning systems;
(2) electrical repairs;
(3) damage to doors, windows, or screens
(4) water heaters; or
(5) water penetration from structural defects.
(2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair:
(a) a condition caused by Tenant, an occupant, a member of Tenant’s organization,
or a guest or invitee of Tenant (a failure to timely report an item in need of
repair or the failure to properly maintain an item may cause damage for which
Tenant may be responsible);
(b) damage from wastewater stoppages caused by foreign or improper objects in
lines that exclusively service the Property; and
(c) damage from windows or doors left open.
13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by
Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in
writing. Installation of additional security devices or additional rekeying or replacement of security
devices desired by Tenant will be paid by Tenant in advance and may be installed only by
contractors authorized by Landlord.
14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to
be equipped with smoke detectors in certain locations. Requests for additional installation,
inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally
damaging a smoke detector or removing a battery without immediately replacing it with a working
battery may subject Tenant to civil penalties and liability for damages and attorney fees under
Section 92.2611 of the Texas Property Code.
15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s
guests, members, or occupants for any damages, injuries, or losses to person or property caused
by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft,
burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental
contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus,
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etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any
loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s
guests, or any occupants.
16. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will
pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for
damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s
fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily
basis, and will be immediately due and payable daily without notice or demand.
17. SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject,
subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by
Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on
any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or
encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting
the Property.
18. CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code
governs the rights and obligations of the parties regarding a casualty loss to the Property. Any
proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss
to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation
of all or a part of the property is a casualty loss.
19. DEFAULT:
A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law.
B. If Tenant fails to comply with this lease, Tenant will be in default and:
(1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant
with at least ten (10) days written notice to vacate;
(2) all unpaid rents which are payable during the remainder of this lease or any renewal
period will be accelerated without notice or demand; and
(3) Tenant will be liable for:
(a) any lost rent;
(b) Landlord’s cost of reletting the Property including but not limited to leasing
fees, advertising fees, utility charges, and other fees reasonably necessary to
relet the Property;
(c) repairs to the Property for use beyond normal wear and tear;
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(d) all Landlord’s costs associated with eviction of Tenant, including but not
limited to attorney’s fees, court costs, costs of service, and prejudgment interest;
(e) all Landlord’s costs associated with collection of amounts due under this lease,
including but not limited to collection fees, late charges, and returned check
charges; and
(f) any other recovery to which Landlord may be entitled by law.
C. Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section
24.005 of the Texas Property Code.
D. Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by
attempting to relet the Property to acceptable tenants and reducing Tenant’s liability
accordingly.
20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the
Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the
parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law,
or this Paragraph.
A. Early Termination Option: Tenant(s) in good standing (those who are in compliance
with the lease) have the option to terminate this lease prior to the normal end of term
or during any future renewal by providing the Landlord all of the following a) a
minimum 45 day written notice, b) providing the last date of occupancy and c)
submitting certified funds (Cashier’s Check, money orders or wire transfer) as an
“Early Termination Fee” in the amount of 150% of one month’s rent at the time notice
is provided. Rent will be prorated on a daily basis through the revised end of term.
Tenant is required to conform to all other terms of the lease or the Early Termination
Option will be forfeit and the tenant will be responsible for the full amount of rent as
allowed by the lease.
B. Assignment and Subletting:
(1) Tenant may not assign this lease or sublet the Property without Landlord’s
written consent.
(2) If Tenant requests an early termination of this lease under this Paragraph 20A,
Tenant may attempt to find a replacement tenant and may request Landlord to
do the same. Landlord may, but is not obligated to, attempt to find a replacement
tenant under this paragraph.
(3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion,
be acceptable as a tenant and must sign: (a) a new lease with terms not less
favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a
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sublease with terms approved by Landlord; or (c) an assignment of this lease in
a form approved by Landlord.
(4) Unless expressly stated otherwise in an assignment or sublease, Tenant will not
be released from Tenant’s obligations under this lease because of an assignment
or sublease. An assignment of this lease or a sublease of this lease without
Landlord’s written consent is voidable by Landlord.
21. Notice to Parties:
A. Notice to Landlord shall be delivered to :
City of The Colony
Attn: Brant Shallenburger
6800 Main Street
The Colony, TX 75056
B. Notice to Tenant shall be delivered to:
The Colony Chamber of Commerce
P.O. Box 560006
The Colony, TX 75056
22. ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought
under or related to the transaction described in this lease is entitled to recover prejudgment interest,
attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing
party.
23. AGREEMENT OF PARTIES:
A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease
contains the entire agreement between Landlord and Tenant and may not be changed except
by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this
lease and their respective heirs, executors, administrators, successors, and permitted
assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease.
Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding
any term of this lease, its extension, its renewal, or its termination is binding on all Tenants
executing this lease.
D. Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other
right will not be deemed to be a waiver of any other breach by Tenant or any other right in
this lease.
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E. Severability Clause: Should a court find any clause in this lease unenforceable, the
remainder of this lease will not be affected and all other provisions in this lease will remain
enforceable.
F. Controlling Law: The laws of the State of Texas govern the interpretation, validity,
performance, and enforcement of this lease. Venue for any action arising under this lease
shall lie in the state district and county courts of Denton County, Texas.
G. Signage. Tenant shall have the right to erect signs on any portion of the Property only in
accordance with applicable laws, ordinances, and regulations.
H. Taxes. Landlord shall be liable for any taxes levied or accessed against the Property,
excluding any taxes levied or assessed for any personal property, furniture, or fixtures
placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed
against any personal property, furniture or fixtures placed by Tenant on the Property.
Executed and agreed to this ___ day of ________, 2023.
_______________________________ ____________________________
Troy Powell Jennifer Ondreyka
City Manager Executive Director
City of The Colony The Colony Chamber of Commerce
Approved as to form:
_______________________________
Jeff Moore, City Attorney
88
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 LEASE AGREEMENT WITH THE COLONY
CHAMBER OF COMMERCE FOR A SPACE IN THE TRINITY
NORTH BUILDING FOR THE FISCAL YEAR 2023-24;
PROVIDING AN EFFECTIVE DATE
WHEREAS,the City Council of the City of The Colony, Texas, approved a
building use policy establishing guidelines for the use and rental of City facilities; and
WHEREAS, The Colony City Council has determined it to be in the best interest
of its citizens to enter into a Lease Agreement with The Colony Chamber of Commerce
for a space in the Trinity North Building for the Fiscal Year 2023-24.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
authorizes the City Manager to execute a Lease Agreement with The Colony Chamber
of Commerce for a space in the Trinity North Building for the Fiscal Year 2023-2024.
Section 2.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 5
th DAY OF September 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
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Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the Mayor to execute a Joint Election Agreement and Contract for
election services with Denton County Elections for the November 7, 2023 General Election. (Council)
Suggested Action:
Attachments:
DRAFT Contract for Election Services.pdf
Signature Page for Joint Contract.docx
Res. 2023-xxx Denton County Joint Election Agreement.doc
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THE STATE OF TEXAS COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
This CONTRACT for election services is made by and between the Denton County Elections
Administrator and the following political subdivisions, herein referred to as “participating
authority or participating authorities” located entirely or partially inside the boundaries of
Denton County:
Participating Authorities:
[entities]
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas
Education Code Section 11.0581 for a joint November 7, 2023 election to be administered by
Frank Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections
Administrator.”
RECITALS
Each participating authority listed above plans to hold a General or Special Election on
November 7, 2023. Denton County plans to hold county-wide voting for this General Election.
The County owns the Hart InterCivic Verity Voting System, which has been duly approved by
the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is
compliant with the accessibility requirements for persons with disabilities set forth by Texas
Election Code Section 61.012. The contracting political subdivisions (participating authorities)
desire to use the County’s voting system and to compensate the County for such use and to share
in certain other expenses connected with joint elections, in accordance with the applicable
provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to all
parties, IT IS AGREED as follows:
I. ADMINISTRATION
The participating authorities agree to hold a “Joint Election” with Denton County and each other
in accordance with Chapter 271 of the Texas Election Code and this agreement. The Elections
Administrator shall coordinate, supervise, and handle all aspects of administering the Joint
Election as provided in this agreement. Each participating authority agrees to pay the Elections
Administrator for equipment, supplies, services, and administrative costs as provided in this
agreement. The Elections Administrator shall serve as the administrator for the Joint Election;
however, each participating authority shall remain responsible for the decisions and actions of its
officers necessary for the lawful conduct of its election. The Elections Administrator shall
provide advisory services in connection with decisions to be made and actions to be taken by the
officers of each participating authority as necessary.
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It is understood that other political subdivisions may wish to participate in the use of the
County’s Verity voting system and polling places, and it is agreed that the Elections
Administrator may enter into other contracts for election services for those purposes, on
terms and conditions generally similar to those set forth in this contract. In such cases, costs shall
be pro-rated among the participants according to Section XI of this contract.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code and/or the participating authority’s governing body, charter, or
ordinances, except that the Elections Administrator shall be responsible for the preparation and
publication of all voting equipment testing notices that are required by the Texas Election Code.
Election orders should include language that would not necessitate amending the order if any of
the Early Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility of each participating authority, including translation to languages other than
English. Each participating authority shall provide a copy of their respective election orders and
notices to the Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Early
Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual
voting location for each election precinct in elections conducted by each participating authority,
and shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed
in Exhibit A of this agreement. In the event a voting location is not available or appropriate, the
Elections Administrator will arrange for use of an alternate location. The Elections Administrator
shall notify the participating authorities of any changes from the locations listed in Exhibit A.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate
judge for each polling location. The Elections Administrator shall make emergency
appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in
recruiting bilingual polling place officials (fluent in both English and Spanish). In compliance
with the Federal Voting Rights Act of 1965, as amended, each polling place containing more
than 5% Hispanic population as determined by the 2020 Census shall have one or more election
officials who are fluent in both the English and Spanish languages. If a presiding judge is not
bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend
a bilingual worker for the polling place. If the Elections Administrator is unable to recommend
or recruit a bilingual worker, the participating authority or authorities served by that polling
92
place shall be responsible for recruiting a bilingual worker for translation services at that polling
place.
The Elections Administrator shall notify all election judges of the eligibility requirements of
Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to
insure that all election judges appointed for the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election
judges and clerks. The Election judges and clerks who attend in-person voting equipment
training and/or procedures training, shall be compensated at the rate of $13 an hour. Election
judges and clerks that elect to complete online training shall be compensated as a rate of a flat
$40. In the event that as Election judge or clerk completes both in-person and online training,
they shall be compensated for the training resulting in the highest pay and will not be
compensated for both trainings.
The Elections Administrator shall arrange for the date, time, and place for presiding election
judges to pick up their election supplies. Each presiding election judge will be sent a letter from
the Elections Administrator notifying them of their appointment, the dates/times and locations of
training and distribution of election supplies, and the number of election clerks that the presiding
judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Denton
County pursuant to Texas Election Code Section 32.091 and overtime after 40 hours worked per
week, if applicable. The election judge, or their designee, will receive an additional sum of
$25.00 for picking up the election supplies and equipment prior to Election Day and for returning
the supplies and equipment to the central counting station after the polls close. Likewise, the
Presiding Judge in Early Voting, or their designee, will receive an additional sum of $25.00 for
picking up the election supplies prior to the first day of Early Voting and for returning the
supplies and equipment to the Elections Department after Early Voting has ended.
The compensation rates established by Denton County are:
Early Voting – Presiding Judge ($15/hour), Alternate Judge ($14/ hour), Clerk ($13/ hour)
Election Day – Presiding Judge ($15/hour), Alternate Judge ($14/ hour), Clerk ($13/ hour)
The Elections Administrator may employ other personnel necessary for the proper administration
of the election, as well as, pre and post-election administration. In such cases, costs shall be pro-
rated among participants of this contract. Personnel working in support of full-time staff will be
expensed on a pro-rated basis and include a time period of one week prior to the election, during
the election, and one week post-election. Personnel working in support of the Early Voting
Ballot Board and/or central counting station on election night will be compensated at the hourly
rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
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If elections staff is required outside of the hours of the office’s normal scope of business, the
entity(ies) responsible for the hours will be billed for those hours. The Elections Administrator
will determine when those hours are necessary, the number of staff and whom are necessary,
along with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5
times the staff's hourly rate (See Sections XV #10). The Election Administrator has the right to
waive these costs as they see fit.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for delivery of all election supplies and voting
equipment including, but not limited to, the County’s Verity voting system and equipment,
official ballot paper, sample ballots, voter registration lists, and all forms, signs, maps and other
materials used by the election judges at the voting locations. The Elections Administrator shall
ensure availability of tables and chairs at each polling place and shall procure rented tables and
chairs for those polling places that do not have tables and/or chairs. Any additional required
materials (required by the Texas Election Code) must be provided by the participating authority,
and delivered to the Elections Office thirty-three (33) calendar days (October 5, 2023) prior to
Election Day. If this deadline is not met, the material must be delivered by the participating
authority, to all Early Voting and Election Day locations affected, prior to voting commencing.
The Elections Administrator shall be responsible for conducting all required testing of the voting
equipment, as required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the
extent possible. The participating authorities shall share a mutual ballot in those precincts where
jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places
where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter
registration information, maps, instructions, and other information needed to enable the election
judges in the voting locations that have more than one ballot style to conduct a proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or
propositions showing the order and the exact manner in which the candidate names and/or
proposition(s) are to appear on the official ballot (including titles and text in each language in
which the authority’s ballot is to be printed). Said list must be provided to the Elections
Office within three (3) business days following the last day to file for a place on the ballot or
after the election is ordered, whichever is later. The list must be in a Word document, the
information will preferably be in sentence case format, be in Arial 12 point font, and must
contain candidate contact information for the purposes of verifying the pronunciation of each
candidate’s name. Each participating authority shall be responsible for proofreading and
approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. Each
participating authority shall be responsible for proofing and approving the audio recording of the
ballot insofar as it pertains to that authority’s candidates and/or propositions. The approval
must be finalized with the Elections Office within five (5) calendar days of the receipt of the
proofs, or the provided proofs shall be considered approved.
The joint election ballots shall list the County’s election first. The joint election ballots that
contain ballot content for more than one joint participant because of overlapping territory shall
94
be arranged with the appropriate school district ballot content appearing on the ballot following
the County’s election, followed by the appropriate city ballot content, and followed by the
appropriate water district or special district ballot content.
Early Voting by personal appearance and on Election Day shall be conducted exclusively on
Denton County’s Verity voting system including provisional ballots.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the
voting equipment for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on the relevant
employees upon hiring as required by Election Code 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election
Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the
Texas Election Code. Each participating authority agrees to appoint the Elections
Administrator’s permanent county employees as deputy early voting clerks. The participating
authorities further agree that the Elections Administrator may appoint other deputy early voting
clerks to assist in the conduct of early voting as necessary, and that these additional deputy early
voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section
83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of
the Denton County Elections Administrator or any participating authorities shall serve in that
capacity without additional compensation.
Exhibit A of this document includes locations, dates, and times that voting will be held for Early
Voting by personal appearance. Any qualified voter of the Joint Election may vote early by
personal appearance at any one of the joint early voting locations. All requests for temporary
branch polling places will be considered and determined based on the availability of facility and
if it is within the Election Code parameters. All costs for temporary locations including coverage
by Election Administration staff will be borne by the requesting authority. The Elections
Administrator will determine when those hours are necessary, the number of staff and who are
necessary, along with to whom the hours are to be billed. Cost for these hours will be billed at a
rate of 1.5 times the staff’s hourly rate (See Sections XV #10). The Election Administrator has
the right to waive these costs as they see fit.
The standard dates and hours for the November 7, 2023 election will be as follows:
Monday, October 23, 2023 through Saturday, October 28, 2023; 8am – 5pm
Sunday, October 29, 2023; 11am-5pm
Monday, October 30, 2023 through Friday, November 3, 2023; 7am-7pm
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting
ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code.
Any requests for early voting ballots to be voted by mail received by the participating authorities
95
shall be forwarded immediately by fax or courier to the Elections Administrator for
processing. The address of the Early Voting Clerk is as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
Email: elections@dentoncounty.gov
Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots
that are sent by a contract carrier (ie. UPS, FedEx, etc.) shall be delivered to the Early Voting
Clerk at the Denton County Elections Department physical address as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
701 Kimberly Drive, Suite A100
Denton, TX 76208
Email: elections@dentoncounty.gov
The Elections Administrator shall post on the county website, the participating authority’s Early
Voting Roster on a daily basis. In accordance with Section 87.121 of the Election Code, the
daily roster showing the previous day’s early voting activity will be posted no later than 11:00
am each business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint the Presiding Judge of an Early Voting Ballot Board (EVBB) to
process early voting results from the Joint Election. The Presiding Judge, with the assistance of
the Elections Administrator, shall appoint an Alternate Judge and one or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of
EVBB members required to efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central
counting station to receive and tabulate the voted ballots in accordance with the provisions of the
Texas Election Code and of this agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005
of the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Brandy Grimes, Deputy Elections Administrator
Tabulation Supervisor: Jason Slonaker, Technology Resources Coordinator
Presiding Judge: Early Voting Ballot Board Judge
Alternate Judge: Early Voting Ballot Board Alternate Judge
96
The counting station manager or their representative shall deliver timely cumulative reports of
the election results as precincts report to the central counting station and are tabulated by posting
on the Election Administrator's Election Night Results website. The manager shall be responsible
for releasing unofficial cumulative totals and precinct returns from the election to the joint
participants, candidates, press, and general public by distribution of hard copies at the central
counting station (if requested) and by posting to the Election Administrator's Election Night
Results website. To ensure the accuracy of reported election returns, results printed on the
reports produced by Denton County’s voting equipment will not be released to the participating
authorities at the remote collection locations or from individual polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have
been counted and will deliver a copy of the unofficial canvass to each participating authority as
soon as possible after all returns have been tabulated. The Elections Administrator will include
the tabulation and precinct-by-precinct results that are required by Texas Election Code Section
67.004 for the participating authorities to conduct their respective canvasses. Each participating
authority shall be responsible for the official canvass of its respective election(s), and shall notify
the Elections Administrator, or their designee, of the date of the canvass, no later than three days
after Election Day.
The Elections Administrator shall be responsible for conducting the post-election manual recount
required by Section 127.201 of the Texas Election Code unless a waiver is granted by the
Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to
each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON
COUNTY
Each participating authority with territory containing population outside of Denton County
agrees that they Elections Administrator shall administer only the Denton County portion of
those elections.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement
through its runoff election, if applicable. In the event of such runoff election, the terms of this
agreement shall automatically extend unless the participating authority notifies the Elections
Administrator in writing within three (3) business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations
and/or Election Day voting locations in a runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff
election, if necessary, shall be determined by the Secretary of State, with early voting being held
in accordance with the Election Code.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
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The participating authorities agree to share the costs of administering the Joint Election.
Allocation of general expenses, which are not directly attributable to an individual polling
location, will be expensed by each participating authority’s percentage of registered voters of the
total registered voters of all participating authorities.
Expenses for Early Voting by personal appearance shall be allocated based upon the actual costs
associated with each early voting location. Each participating authority shall be responsible for
an equal portion of the actual costs associated with the early voting locations within their
jurisdiction. Participating authorities that do not have a polling location within their jurisdiction
shall pay an equal portion of the nearest polling location.
Election Day location expenses will be allocated based on each participating authority’s
percentage of registered voters assigned to each polling place.
In the event that participating authorities with overlapping boundaries cannot make an agreement
on Early Voting and/or Election Day locations, the requesting participating authority agrees to
bear the entire expense of the location.
Each participating authority requesting additional hours, outside of the standard hours, for a
location or locations, agree to split the cost of the additional open hours equally amongst the
requesting participating authorities.
Costs for Early Voting by mail, in-person ballots, provisional ballots, and Poll Pad paper shall be
allocated according to the actual number of ballots issued to each participating authority’s voters
and the cost shared equally amongst participating authorities of each ballot style.
Each participating authority agrees to pay the Elections Administrator an administrative fee
equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the
Texas Election Code.
The Denton County Elections Administrator shall deposit all funds payable under this contract
into the appropriate fund(s) within the county treasury in accordance with Election Code Section
31.100.
The Denton County Elections Administrator reserves the right to adjust the above formulas in
agreement with an individual jurisdiction if the above formula results in a cost allocation that is
inequitable.
If any participating authority makes a special request for extra Temporary Branch Early Voting
by Personal Appearance locations as provided by the Texas Election Code, that entity agrees to
pay the entire cost for that request.
Participating authorities having the majority of their voters in another county, and fewer than 500
registered voters in Denton County, and that do not have an Election Day polling place or early
98
voting location within their Denton County territory shall pay a flat fee of $400 for election
expenses.
Election expenses, including but not limited to, overtime charges for Election Office staff, and
any unforeseen expenses needed to conduct the election, will be borne by the participating
authority or authorities, affected.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it
cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The
withdrawing authority is fully liable for any expenses incurred by the Denton County Elections
Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such
expenses. Any monies deposited with the Elections Administrator by the withdrawing authority
shall be refunded, minus the aforementioned expenses and administrative fees, if applicable.
It is agreed that any of the joint election early voting locations that are not within the boundaries
of one or more of the remaining participating authorities, with the exception of the early voting
location at the Denton County Elections Building, may be dropped from the joint election unless
one or more of the remaining participating authorities agreed to fully fund such location(s). In
the event that any early voting location is eliminated under this section, as addendum to the
contract shall be provided to the remaining participants within five days after notification of all
intents to withdraw have been received by the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all
records of the Joint Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the
public in accordance with applicable provisions of the Texas Election Code and the Texas Public
Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of
Section 66.058 of the Texas Election Code. If records of the election are involved in any pending
election contest, investigation, litigation, or open records request, the Elections Administrator
shall maintain the records until final resolution or until final judgment, whichever is applicable.
It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records
request which may be filed with the appropriate participating authority.
XIV. RECOUNTS
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A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this
document, the presiding officer of the contracting participating authorities agree that any recount
shall take place at the office of the Elections Administrator, and that the Elections Administrator
shall serve as Recount Supervisor, and the participating authority’s official or employee who
performs the duties of a secretary under the Texas Election Code shall serve as Recount
Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority
as necessary to conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political
subdivisions may wish to participate in the use of the County’s election equipment and
voting places, and it is agreed that the Elections Administrator may contract with such
other districts or political subdivisions for such purposes and that in such event there may
be an adjustment of the pro-rata share to be paid to the County by the participating
authorities.
2. The Elections Administrator shall file copies of this document with the Denton County
Treasurer and the Denton County Auditor in accordance with Section 31.099 of the Texas
Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against
any other party and/or other election personnel for a breach of this contract or a violation
of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Denton
County, Texas.
5. In the event that one of more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate
as or be construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by
all parties hereto.
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9. Failure for a participating authority to meet the deadlines as outline in this contract may
result in additional charges, including but not limited to, overtime charges, etc.
Elections Staffing Hourly Rate (includes all benefit pay):
Absentee Voting Coordinator $43.161
Voter Registration Clerk $33.587 - $36.618
Technology Resources Coordinator $46.967
Elections Technician $31.574 - $37.411
Voter Registration Coordinator $40.485
Training Coordinator $45.987
Election Coordinator $37.942
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement
is listed below. The exact amount of each participating authority’s obligation under the terms of
this agreement shall be calculated after the November 7, 2023 election (or runoff election, if
applicable). The participating authority’s obligation shall be paid to Denton County within 30
days after the receipt of the final invoice from the Denton County Elections Administrator.
The total estimated obligation for each participating authority under the terms of this agreement
shall be provided within 45 days after the last deadline for ordering an election:
[costs]
v.1123
[pagebreak]
THIS PAGE INTENTIONALLY BLANK.
101
XVII.JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit:
(1) It has on the 9th day of August, 2023 been executed by the Denton County Elections
Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the 5
th day of September, 2023 been executed on behalf of the City of The Colony
pursuant to an action of The Colony City Council so authorizing;
ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
___________________________________________
Frank Phillips, CERA
ACCEPTED AND AGREED TO BY THE CITY OF THE COLONY:
APPROVED:ATTESTED:
____________________________________________________________________________________
Richard Boyer, Mayor Tina Stewart, City Secretary
102
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE A JOINT
ELECTION AGREEMENT AND CONTRACT FOR ELECTION
SERVICES BY AND BETWEEN THE CITY OF THE COLONY
AND DENTON COUNTY ELECTIONS FOR THE NOVEMBER 7,
2023 GENERAL ELECTION; ATTACHING THE APPROVED
FORM OF CONTRACT AS EXHIBIT A; AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
approves the JOINT ELECTION AGREEMENT AND CONTRACT FOR
ELECTION SERVICES by and between the CITY OF THE COLONY and DENTON
COUNTY ELECTIONS for the NOVEMBER 7, 2023 GENERAL ELECTION.
Section 2.That a true and correct copy of the Agreement is attached hereto
and incorporated herein, as Exhibit A.
Section 3.That the Mayor is authorized to execute the Agreement on behalf
of the City.
Section 4.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 5th DAY OF SEPTEBER 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
103
Agenda Item No:4.7
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 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 for
an amount of $61,890.00 for the purchase of a Chevrolet Silverado through the Tarrant County Cooperative
Contract #2023-016. (Coulon)
Suggested Action:
This vehicle was approved in the 2021-2022 CIP budget.
Attachments:
CID #852 New Unit.pdf
Res. 2023-xxx Chevrolet Silverado Purchase - Holiday Chevrolet.docx
104
105
106
107
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 FOR THE PURCHASE OF A
CHEVROLET SILVERADO THROUGH THE TARRANT COUNTY
COOPERATIVE CONTRACT #2023-016; 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 $61,890.00 to Holiday Chevrolet
for the purchase of a Chevrolet Silverado through the Tarrant County Cooperative Contract
#2023-016.
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 5
th DAY OF SEPTEMBER 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
108
Agenda Item No:4.8
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Chris Cuellar
Submitting Department: Information Technology
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a contract with Tyler Technologies for
the upgrade of Incode software for Finance, Utility Billing and Municipal Court in the amount of $120,290.
(Cuellar)
Suggested Action:
Attachments:
Quote 1 - ERP Pro 10 Migration.pdf
Quote 2 - Optional add-on modules.pdf
Incode Background Info.doc
Res. 2023-xxx Tyler Technologies.doc
109
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AGENDA ITEM
Information Technology
TO:Mayor, City Council, and City Manager
DATE SUBMITTED:August 28, 2023
MEETING DATE:9/05/2023
SUMMARY OF
REQUEST:
Consider approval of Incode software upgrade
Background:
There are several departments using Incode software from Tyler Technologies including
Finance, Utility Billing and Municipal Court.
Incode is the City’s primary financial management suite of software for managing the budget,
payroll information, purchasing, accruals, payables, and receivables. Incode is also used to
manage all utility accounts and municipal court cases.
All departments are currently using Incode (version 9) which is an older version of the
software dating back to the early 1990s. Development on Incode 9 has stopped and is
estimated to become end of life within the next 5-10 years.
The latest edition of Incode is version 10 released around 2012 which is a major re-write of
the software and includes a number of new features which would be useful to staff.
New features include an improved user interface which will help staff be more efficient and
empower managers to better manage their budget, the ability to export reports to excel, and
overall improved visibility into the City’s finances.
Staff from each of the departments met with Tyler Technologies to discuss the benefits of
upgrading to the latest version, reviewed software demos and reached out to other cities who
have migrated from version 9 to 10.
After several meetings and internal discussions staff from Finance, Utility Billing, Municipal
Court and IT have all agreed it would be in the best interest of the City to proceed with the
upgrade.
Estimated time to complete this project will be one year from contract signing with a go-live
goal of Oct. 1, 2024.
Plans for the Incode upgrade were discussed at the Technologies Board meeting on August 2,
2023.
This is a budgeted item with funds available in the 22/23 CIP budget.
117
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 CONTRACT WITH TYLER TECHNOLOGIES
FOR THE UPGRADE OF INCODE SOFTWARE FOR FINANCE,
UTILITY BILLING AND MUNICIPAL COURT; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council has determined it to be in the City’s best interest to
enter into a contract with Tyler Technologies for the upgrade of Incode software for
Finance, Utility Billing and Municipal Court in the amount of $120,290.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
authorizes the City Manager to execute a contract with Tyler Technologies for the
upgrade of Incode software for Finance, Utility Billing and Municipal Court in the
amount of $120,290.00.
Section 2.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 5th DAY OF SEPTEMBER 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
118
Agenda Item No:4.9
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $1,906,293.00 with Urban Infraconstruction for the Phase 13B Concrete Street Repair Project.
(Hartline)
Suggested Action:
Background:
City Council approved funding for the Phase 13B Concrete Street Repair Project in the 2022-2023 budget. The
list of concrete streets to be repaired are listed below.
Concrete Streets:
• South Colony Boulevard – South Colony Boulevard will include full reconstruction of this street from 177 feet
+/- west of the intersection with FM 423 to Westport Drive, including the Westport Drive intersection.
• Lebanon Road – Lebanon Road will include concrete panel replacements at various locations identified along
the length of the roadway that are in need of repair from the city limit line to Castlebridge.
• Standridge Drive – Standridge Drive will include concrete replacement of the damaged northbound lane
section between Sam Rayburn Tollway (SRT) and Memorial Drive.
• Paige Road/Plano Parkway and Sam Rayburn Tollway Left Turn Lanes - This project will provide dedicated
dual left turn lanes on the eastbound and westbound SRT Frontage Roads at the Paige Road/Plano Parkway
intersection when completed. This project was discussed with City Council during a Work Session held on
February 1, 2022 and a budget for this project was approved at the February 15, 2022 City Council Meeting.
Since only one dedicated left turn lane is currently located on the eastbound and westbound SH 121 Frontage
Roads at the Paige Road/Plano Parkway intersection, vehicular traffic backs up significantly during peak traffic
times during the day. This project includes removing a portion of the existing concrete island to create a
second left turn lane in both directions The project will also include moving a barrier free ramp, pedestrian
signal pole, signal ground box and restriping the existing traffic lanes on the frontage roads. The addition of dual
left turn lanes will help ease traffic backup, help prevent accidents and will allow vehicular traffic to turn left onto
Paige Road using two dedicated lanes. The addition of the turn lanes required the inclusion of the standard
TxDOT driveway section (10-inch CRCP over a 4-inch asphalt base course and lime treated subgrade) and
also required NTTA approval which has been obtained for this project.
The project bids were opened on July 26, 2023 and only one bid was received from Urban Infraconstruction at a
cost of $1,906.293.00. Halff Associates, the Project Design Engineer, received positive feedback from
representatives that have previously worked with the contractor including the City of Plano, City of Carrollton
and Town of Little Elm. Halff Associates recommends approval of the contract with this company. Urban
Infraconstruction is also currently constructing both the Phase 11 and Phase 12 Street Reconstruction project
for the City of The Colony. See attached Engineering Recommendation letter for additional information.
With approval, the project is anticipated to start construction in October 2023 with an estimated completion in
December 2024.
119
Attachments:
Location Map
Certified Bid Tab
Financial Summary
Photo 1. Lebanon Road
Photo 2. Lebanon Road
Photo 3 Lebanon Road
Photo 1. South Colony Boulevard from FM 423 to Westport Dr.
Photo 2. South Colony Boulevard from FM 423 to Westport Dr.
Photo. Standridge Drive Looking North from Sam Rayburn Tollway
Engineering Design Plan Sheets for Paige Rd and Plano Parkway and SRT Left Turn Lanes
Res. 2023-xxx Urban Infraconstruction Construction Services Contract.docx
120
121
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FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available:
$1,100,000 (Engineering/Construction for South Colony Blvd. and Standridge Dr.)
$1,500,000 (Engineering/Construction for Lebanon Rd.)
$ 212,000 (Engineering/Construction for Paige Rd/Plano Parkway & SRT Left Turn Lanes)
Fund(s) (Name and number):
895-669-6670
Project Number 2350 (South Colony Blvd. and Standridge Dr.)
Project Number 2353 (Lebanon Rd.)
895-669-6420
Project Number 2235 (Paige Rd/Plano Parkway & SRT Left Turn Lanes)
Cost of recommended contract award: $ 1,906,293
Total estimated project cost:
$ 39,700 Engineering (Paige Rd/Plano Parkway & SRT Left Turn Lanes) Already authorized Yes No
$ 77,400 Engineering (South Colony Blvd.,Standridge Dr. & Lebanon Rd.) Already authorized Yes No
$1,906,293 Construction Already authorized Yes No
$2,023,393 Total estimated costs
125
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133
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 CONSTRUCTION SERVICES CONTRACT BETWEEN THE
CITY OF THE COLONY AND URBAN INFRACONSTRUCTION, FOR
THE PHASE 13B CONCRETE STREET REPAIR PROJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the citizens
to award a bid to Urban Infraconstruction for the Phase 13B Concrete Street Repair Project; and
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Manager of the City of The Colony, Texas is hereby authorized to
award a bid to Urban Infraconstruction, in the amount of $1,906,293.00 for such work.
Section 2. That theCity Manager and/or his designee are authorized to issue the appropriate
purchase order(s) in accordance with the bid award.
Section 3.This resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 5TH DAY OF SEPTEMBER 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
134
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 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:
135
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance regarding a zoning change from Heavy
Commercial (HC) zoning district to General Retail (GR) zoning district, being Lots 47-55, Block 1, Garza-Little
Elm Lake Estates, and being approximately 0.66 acres (28,914 sf) of land in the Garza-Little Elm Lake Estates,
and being located southwest of the intersection of East Lake Highlands and Elm Street. (Williams)
Suggested Action:
Please see the attached staff report and maps for detailed land use, site layout and staff recommendation
Attachments:
Z23-0001- Kroger -CC Staff Report FINAL.doc
Z23-0001 - Kroger Fuel 879 Locator Map.pdf
Ord. 2023-xxxx Kroger Fuel.docx
136
1
CITY COUNCIL REPORT
AGENDA DATE:September 5, 2023
DEPARTMENT:Planning and Development Department
SUBJECT:Z23-0001 – Kroger Fuel Addition, Block 1, Lots 47 thru 55, Zoning Change from
Heavy Commercial (HC) to General Retail (GR)
Conduct a public hearing, discuss and consider an ordinance regarding a zoning change from
Heavy Commercial (HC) zoning district to General Retail (GR) zoning district, being Lots 47-55,
Block 1, Garza-Little Elm Lake Estates, and being approximately 0.66 acres (28,914 sf) of land in
the Garza-Little Elm Lake Estates, and being located southwest of the intersection of East Lake
Highlands and Elm Street.
OWNER/ENGINEER
Owner: George Spiliotis The Colony, Texas
Applicant: Claymoore Engineering, Inc. Bedford, Texas
EXISTING CONDITION OF PROPERTY
The property is currently undeveloped.
ADJACENT ZONING AND LAND USE
North - Light Commercial (LC) zoning district- mixed commercial (retail and Services)
South - General Retail (GR) zoning district- mixed commercial (office and retail) and
undeveloped
East - Heavy Commercial (HC) zoning district- storage units and mobile homes
West -General Retail (GR) and Duplex (D) zoning districts- undeveloped and Duplexes
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) recommends approval of the zoning change request.
PRIOR ACTION/REVIEW
On August 22, 2023 the Planning and Zoning Commission voted (7-0) to recommend approval of
regarding a zoning change from Heavy Commercial (HC) zoning district to General Retail (GR)
zoning district, being Lots 47-55, Block 1, Garza-Little Elm Lake Estates, and being
approximately 0.66 acres (28,914 sf) of land in the Garza-Little Elm Lake Estates, and being
located southwest of the intersection of East Lake Highlands and Elm Street.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Applicant Narrative
4. Rezoning Exhibits
137
2
ATTACHMENT 1
Land Use Analysis
The applicant proposes to build a Kroger Service Station with an approximately 179 sf service
kiosk and seven (7) fuel pumps and 5,418 sf fuel canopy located southwest of the intersection of
East Lake Highlands Drive and Elm Street. The location currently is undeveloped. The request is
to change the zoning designation to General Retail (GR) for the entire development site. The
zoning change will aid in developing the service station with uniform regulations.
Generally, except for mixed use developments, split zoned parcels or split zoned development
sites are typically avoided. It is common for development sites with split zoning to encounter
varying and potentially conflicting land use intensities and development standards (Heavy
Commercial district offers more intense land uses than the General Retail district). Those land use
and development conflicts may yield unintended challenges to regulation and viability of the site.
When prudent, split zoned sites are proactively corrected through the rezoning process.
The Heavy Commercial (HC) accommodates the sale, service, display and storage of certain
commodities by its nature not compatible with many other sales and display operations. Building
material yards, contractor yards, open storage and repair of heavy machinery and welding or
machine shops are examples of such heavy uses. The uses specified in the General Retail (GR),
include most types of retail activity except for certain open-type displays such as used car lots and
heavy machinery sales which are not compatible with the retail shopping function intended in the
General Retail (GR). The proposed service station is more fitting a retail function of the General
Retail (GR), than the open-type display uses of the Heavy Commercial (HC). The requested
zoning change from Heavy Commercial to General Retail (GR) is consistent with the Future Land
Use Development Vision Map and Commercial Destinations Future Land Use designation.
Commercial Destinations serve a broad range of retail with an encouragement of landscaping
along the street edge and the accommodation of pedestrians and bicycles.
The proposed rezoning and expansion of the General Retail (GR) is not anticipated to create
negative impacts on the surrounding area. The majority of the tracts on the western frontage of
Elm Street are currently zoned General Retail (GR); lots immediately adjacent and to the west of
those lots are also zoned General Retail. The lot configuration and established access along Elm
Street is more consistent with the development intents of the General Retail (GR).
The development site consists of nine (9) lots within the Heavy Commercial (HC) and the other 7
lots in the General Retail (GR). The applicant has submitted a replat application combining all
sixteen (16) lots into one (1) lot and a Site Plan application to demonstrate that the Zoning
Ordinance and Gateway Overlay District Ordinance requirements will be met with a Gateway
Standards Waiver, and an Engineering Design Manual Variance.
NOTIFICATION
Notice for this Public Hearing was published in The Dallas Morning News on August 18, 2023.
In addition, the Zoning Ordinance also requires notification of property owners located within
200 feet of the subject property a minimum of fifteen (15) days prior to the public hearing.
Notices were mailed on August 18, 2023.
138
3
No comments either for or against the zoning change request were received as of the printing of
this packet.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee recommends approval of the zoning change request.
139
LAKE HIGHLANDS DR
CARR ST ELM
S
T
MAIN
ST
208
207
202
203
206
105
104
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101 106
107
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110204
7336 7339
7347 7352
7404
7513
74087412
742074207409
7424
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7512
47167505
7501
4648
4649
4640
7405
P D 2
P D 2 4
DD
S F -4SF-4
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 or accuracy 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: Z23-0001 - Kroger Fuel
SubjectArea
Duplex Dwelling
General Retail
Heavy Commercial
Light Commercial
Planned Development 2
Planned Development, PD24
Single Family
140
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023 - ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, THE COMPREHENSIVE ZONING ORDINANCE, BY
APPROVING A ZONING CHANGE FROM HEAVY COMMERCIAL (HC)
DISTRICT TO GENERAL COMMERCIAL (GR) DISTRICT FOR LOTS
47-55, BLOCK 1, OF THE GARZA-LITTLE ELM LAKE ESTATES
ADDITION, AN ADDITION TO THE CITY OF THE COLONY, DENTON
COUNTY, TEXAS, AND BEING APPROXIMATELY 0.67 ACRES (29,185
SF) OF LAND AND BEING LOCATED SOUTHWEST OF THE
INTERSECTION OF EAST LAKE HIGHLANDS AND ELM STREET;
BEING MORE PARTICULARLY DESCRIBED AND DEPICTED IN
EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Section 211.006(a) of the Texas Local Government Code requires the City of
The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment before the
15th day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(d) of the Code of Ordinances of the City of The
Colony, Texas, provides the following: “A public hearing shall be held by city council before adopting
any proposed amendment, supplement or change. Notice of such hearing shall be given per the
publication policy of the city, stating the time and place of such hearing, and shall be published a
minimum of 15 days prior to the date of the public hearing”; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of The
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the
City of The Colony, Texas, have given the requisite notices by publication and otherwise, and have
held due public hearings and afforded a full and fair hearing to all property owners generally and to
all persons interested, and the City Council of the City of The Colony, Texas, is of the opinion and
finds that zoning change application Z23-0001 to allow a zoning change from Heavy Commercial
(HC) to General Commercial (GC) being Lots 47-55, Block 1, Garza-Little Elm Lake Estates, and
being approximately 0.66 acres (28,914 sf) of land in the Garza-Little Elm Lake Estates, and being
located southwest of the intersection of East Lake Highlands Drive and Elm Street; being more
particularly described and depicted in Exhibit “A” attached hereto and incorporated herein should be
approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
141
2
SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, Appendix
A, Comprehensive Zoning Ordinance, and the City’s zoning map, should be amended indicating
that the City Council does hereby approve the change in zoning from Heavy Commercial District
(HC) to General Commercial District (GC) for Lots 47-55, Block 1, Garza-Little Elm Lake Estates
addition, an addition to the City of The Colony, Denton County, Texas, and being approximately 0.67
acres (29,185 sf) of land, and being located southwest of the intersection of East Lake Highlands
Drive and Elm Street, The Colony, Denton County, Texas, being particularly described and depicted
in Exhibit “A” attached hereto and incorporated herein
SECTION 3.That it is hereby declared to be the intention of the City Council of the City
of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinanceare severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation of this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 5TH DAY OF SEPTEMBER 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
142
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Gateway Standards
Waiver from (1) Section 10A-900(c)(5)(F) allowing a canopy of eighteen (18) feet one (1) inch where sixteen
(16) feet is permitted. The subject site being located southwest of the intersection of East Lake Highlands and
Elm Street. (Williams)
Suggested Action:
Please see the attached staff report, drawings, and illustrations for detailed land use, site layout and staff
recommendation
Attachments:
GSW23-0003 CC Staff Report Kroger Fuel - Gateway Standards Waiver.doc
GSW23-0003 Kroger Fuel 879 Locator Map.pdf
Ord. 2023-xxxx Kroger Fuel GSW.docx
143
1
CITY COUNCIL REPORT
AGENDA DATE:September 5, 2023
DEPARTMENT:Planning and Development Department
SUBJECT: GSW23-0003 – Kroger Fuel Gateway Standards Waiver, Canopy Height
Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Gateway
Standards Waiver from (1) Section 10A-900(c)(5)(F) allowing a canopy of eighteen (18) feet one
(1) inch where sixteen (16) feet is permitted. The subject site being located southwest of the
intersection of East Lake Highlands and Elm Street.
OWNER/APPLICANT
Owner:George Spiliotis Carrolton, TX
Applicant:Clay Cristy P.E.
Claymore Engineering Bedford, Texas
EXISTING CONDITION OF PROPERTY
The subject site is undeveloped.
ADJACENT ZONING AND LAND USES
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
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
Staff recommends approval of the proposed Gateway Standards Waiver.
PRIOR ACTION/REVIEW
On August 22, 2023 the Planning and Zoning Commission voted (7-0) to recommend approval of
the Gateway Standards Waiver from Section 10A-900(c)(5)(F) allowing a canopy of eighteen
(18) feet one (1) inch where sixteen (16) feet is permitted.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. GSW Conceptual elevation plan
144
2
ATTACHMENT 1
Land Use Analysis
The subject site is currently undeveloped. The site fronts Main Street to the west and East Lake
Highlands to the north and Elm Street to the east. The surrounding area consists of a mixed
commercial area including “Rapido Service Station” to the south, M&M mini-storage to the east
and vacant parcels to the north and east.
The applicant requests approval of a Gateway Standards Waiver (GSW) to allow a fuel service
canopy at eighteen (18) feet, one (1) inch where Gateway Section 10A-900(c)(5)(F) permits a
sixteen (16) foot canopy. The proposed canopy is compliant with maximum canopy light
mounting height, yard (setback) requirements for gasoline canopies and pump islands, the height
allowance of the General Retail (GR) Zoning District and allows the minimum fourteen (14) feet
as measured under the canopy for the Fire Apparatus.
Canopies are a common feature of fuel stations. City records indicate other canopy heights
approvals include, a twenty-three (23) feet at QuikTrip, RaceTrac at twenty-six (26) feet and six
(6) inches. Gateway Canopy Height regulations were not codified until 2013, QuikTrip and
RaceTrac were approved in 2010. Records for other fuel station canopy heights are incomplete
including the adjacent Rapido fuel station.
In accordance with Section 10A-500 of the Gateway Overlay District, the Planning and Zoning
Commission and City Council shall review and evaluate a Gateway Standards Waiver application
using the following criteria:
1. The impact on adjacent property owners
2. The existence of a hardship that is not a result of the property owner’s action.
3. The appropriateness of the request in terms of location, density and height of the
structure or use; and,
4. The compatibility with the existing uses on the lot and surrounding land uses
The conceptual development plans reflect a canopy of comparable height to the existing Rapido
Service Station to the South. A service station is consistent with development of surrounding
land uses of a service station, automotive services and a self-storage business.
Notification
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the Planning and Zoning Commission meeting. Notice for this Public Hearing was published in
The Dallas Morning News on August 18, 2023. The Zoning Ordinance requires notification of
property owners located within 200 feet of the subject property a minimum of fifteen (15) days
prior to the public hearing. Notices were sent on August 18, 2023.
No comments for, or against the applicants request were received as of printing of this packet.
Development Review Committee Review
Staff recommends approval of the proposed Gateway Standards Waiver.
145
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ELM ST
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7412
7420
7409
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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
GSW23-0003
GSW23-0003
146
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023 - ______
KROGER FUEL
GATEWAY STANDARDS WAIVER (GSW)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A GATEWAY STANDARDS WAIVER
PURSUANT TO SECTION 10A-900(c)(5)(F) OF THE CODE OF
ORDINANCES, TO PERMIT A CANOPY OF EIGHTEEN (18) FEET AND
ONE (1) INCH, WHERE SIXTEEN (16) FEET IS PERMITTED FOR A
COMMERCIAL DEVELOPMENT ON AN APPROXIMATELY 1.15 ACRE
TRACT OF LAND LOCATED AT SOUTHWEST OF THE
INTERSECTION OF EAST LAKE HIGHLANDS DRIVE AND ELM
STREET WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT
AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of The
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the
City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have
held due public hearings and afforded a full and fair hearing to all property owners generally and to
all persons interested, and is of the opinion and finds that Gateway Standards Waiver No. GSW23-
0003 should be approved authorizing a Gateway Standards Waiver pursuant to section 10A-900
(c)(5)(F) to permit a canopy of eighteen (18) feet and one (1) inch where sixteen (16) feet is
permitted on an approximately 1.15 acre tract of land located southwest of the intersection of East
Lake Highlands Drive and Elm Street, within the General Retail (GR) District and the Gateway
Overlay District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Gateway Standards Waiver pursuant to section 10A-900(c)(5)(F) of the Code of
Ordinances to permit a canopy of eighteen (18) feet and one (1) inch, as reflected on and attached
hereto as Exhibit A of this Ordinance.
SECTION 3.That it is hereby declared to be the intention of the City Council of the City
of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section ofthis Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
147
2
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation of this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 5TH DAY OF SEPTEMBER 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
148
3
Exhibit A
149
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance to amend (Ordinance 2022-2464) Planned
Development-18 (PD-18) and Planned Development-23 (PD-23) District aka The Tribute, by modifying Exhibit B
“Development Regulations for PD-18 and PD-23,” updating the Concept Plan townhome development
elevations for “Chelsea Green at the Tribute” an approximately 29.691 acre area located southwest of the
intersection of the intersection of Bridge Lane and Lebanon Road within the Tribute Community. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendation
Attachments:
PDA23-0004 CC Staff Report - Chelsea Green facades and pergolas.doc
PDA23-0004 - Chelsea Green Locator Map.pdf
final exhibits.pdf
Final narrative Chelsea Green PDA.pdf
Ord. 2023-xxxx Chelsea Green Pergola.docx
150
CITY COUNCIL REPORT
AGENDA DATE:September 5, 2023
DEPARTMENT:Planning and Development Department
SUBJECT:PDA23-0004 Chelsea Green at the Tribute- Tribute Planned Development
Amendment
Conduct a public hearing, discuss and consider an ordinance for amendments to (Ordinance
2022-2464) Planned Development -18 (PD-18) and Planned Development-23 (PD-23) District
aka The Tribute, by modifying Exhibit B “Development Regulations for PD-18 and PD-23,”
updating the Concept Plan townhome development elevations for “Chelsea Green at the Tribute”
an approximately 29.691 acre area located southwest of the intersection of the intersection of
Bridge Lane and Lebanon Road within the Tribute Community.
OWNER/APPLICANT
Developer/Owner:Grenadier Homes Dallas, Texas
Applicant:Robert Swegler
EXISTING CONDITION OF PROPERTY
Planned Development 18 and 23 aka The Tribute and The Tribute West PD is predominately
developed as a traditional residential single-family detached community, with an accompanying
golf course and other common area amenities.
PROPOSED REQUEST
Chelsea Green is a Site Plan approved mixed residential development of approximately 29.691
acres located within Planned Development-18 (PD-18) and Planned Development-23 (PD-23).
Chelsea Green is comprised of two distinct areas of residential development and a third area for
future development (undefined). 4.98 acres are dedicated to the development of 17 single-family
detached units; approximately 19.4 acres are dedicated to the development of 147 townhome
units. The remaining acreage is predominately along the southernmost portion of the
development and use and layout is undefined at this time.
The applicant, Grenadier Homes, requests amendments to the Chelsea Green village to provide
conceptual elevations and amend townhome development standards to allow detached pergolas
in the front courtyard of units. The townhome elevations will be consistent with the context of
the architectural requirements within the Tribute’s overall Design Review Guidelines. A
subsequent Site Plan Amendment for Chelsea Green will further provide specificity to the
proposed elevations and pergola allowance.
ADJACENT ZONING AND LAND USE
North - Planned Development 18 (PD-18) The Tribute
South - Planned Development 18 (PD-18) The Tribute
East - Planned Development 18 (PD-18) The Tribute
West -Planned Development 18 (PD-18) The Tribute
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
151
The Development Review Committee (DRC) recommends approval of the proposed amendment.
PRIOR ACTION
On August 22, 2023, the Planning and Zoning Commission voted (7-0) to recommend approval
of amendments to (Ordinance 2022-2464) Planned Development -18 (PD-18) and Planned
Development-23 (PD-23) District aka The Tribute, by modifying Exhibit B “Development
Regulations for PD-18 and PD-23,” updating the Concept Plan townhome development
elevations for “Chelsea Green at the Tribute”.
Village Name*Chelsea Green –
Town Homes
Min. Lot Width 25'
Min. Lot Area (SF)1,800 SF
Min. Lot Depth 73'
Min. Lot Depth on Curve 73'
Min. Front Setback 10' facing street, 5' facing a green, 6” for a detached pergola
Min. Garage Setback None
Min. Side Setback 0' on interior side yard
Min. Side Setback on Corner 5' on corner side yard
Min. Rear Setback 8'
Min. Rear Setback for Patio
Covers / Gazebos
None
Max. Lot Coverage 83% (includes patio covers and gazebos)
Garage parking (min. # of
spaces)
2
Driveway Parking (min. # of
spaces)
None
Max. Residential Building
Height
40'
Other N/A
Notes to Tables above:
1. For the Chelsea Green 29-acre property described on Exhibit A, the following apply:
a. The exterior façade of each single family detached home in Chelsea Green shall
follow the masonry requirements applicable to The Lochs and Tullamore
Meadows.
b. Street trees may be located either within a townhome platted lot or within the
adjacent right-of-way, and either location shall satisfy landscaping requirements.
In areas where a townhome fronts to a common area, street trees may either be
allowed in the platted lot or in the common area.
c. A single-family detached lot on a curve or a cul-de-sac may be 55 feet in width as
long as the lot area meets the minimum area square footage. A single-family
detached lot on a curve or cul-de-sac may be 95 feet in depth as long as the lot
area meets the minimum area square footage.
d. Outdoor living areas, whether the area is covered by a roof which is integrated
into the house or not, shall not count towards lot coverage.
152
e. Townhomes Chelsea Green shall include detached pergolas no closer than 6” to
the building structure and minimum 6” behind the front property line. The
pergolas shall be composed of all cedar and conform to The Colony pergola
requirements.
f. Repeating plans or elevations will not be restricted for buildings side by side or
across a street.
Elevations:
153
Illustrative Exhibit: Two Story with Detached Pergola.
Design Standards: European Eclectic
Front Facades: Architectural offsets that pronounce an additional entrance/exit of the home.
Colors: Colors will be consistent on all units within the building and different from building to
building per color key.
Roof Style: Design complies with a combination of gables and Dutch hip Gables.
Exterior Wall Finish: Material finish in compliance with three architectural textures incorporated.
The three textures are: Brick, Stone, and Stucco with Stone being the dominate material.
Window Style: All exterior front façade windows have muntin bar detailing to provide a
minimum of 4 light windows.
Design Components: Covered Front doors are 36” wide x 96” in height with no side lights
incorporated. Decorative vents are used in all furthermost gables in the front façade.
154
Illustrative Exhibit: Three Story with Detached Pergola
Design Standards: European Eclectic
Front Facades: Architectural offsets that pronounce an additional entrance/exit of the home.
Colors: Colors will be consistent on all units within the building and different from building to
building per color key.
Roof Style: Design complies with a combination of gables and Dutch hip Gables.
Exterior Wall Finish: Material finish in compliance with three architectural textures incorporated.
The three textures are: Brick, Stone, and Stucco with Stone being the dominate material.
155
Window Style: All exterior front façade windows have muntin bar detailing to provide a
minimum of 4 light windows.
Design Components: Covered Front doors are 36” wide x 96” in height with no side lights
incorporated. Decorative vents are used in all furthermost gables in the front façade.
NOTIFICATION
Notice for this Public Hearing was published in The Dallas Morning News on August 18, 2023.
In addition, the Zoning Ordinance also requires notification of property owners located within
200 feet of the subject property a minimum of fifteen (15) days prior to the public hearing.
Notices were mailed on August 18, 2023.
No comments either for or against the Planned Development Amendment were received as of
printing of this packet.
RECOMMENDATION
The Development Review Committee (DRC) recommends approval of the proposed amendment.
ATTACHMENTS
1. Location Map
2. Project Narrative
3. Proposed Amending Ordinance (exhibits)
156
BRIDGE LN
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AA
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: PDA23-0004 - Chelsea Green at The Tribute
PDA23-0004
Agricul tural
Planned Developm ent 18 Planned Developm ent 23
SubjectArea
157
Exhibit A – Page 1
2155.013\103053.8
Exhibit A
Metes and Bounds Description Chelsea Green
(29.691 Acres Total)
LEGAL DESCRIPTION
BEING a parcel of land located in the City of the Colony, Denton County, Texas, a part of the
T.D. Luckett Survey, Abstract No.752, a part of the S. Payton Survey, Abstract No. 1009, and
being all of that called 29.691 acre tract of land described in deed to MM-MSW TRIBUTE, L.P.,
as recorded in County Clerk’s Document Number 2021-30490 and Document Number 2021-
36906, Denton County Deed Records, and being further described as follows:
BEGINNING at a one-half inch iron rod with yellow cap stamped “JBI” found at the northeast
corner of said 29.691 acre tract, said point also being at the intersection of the south right-of-way
line of Bridge Lane (a variable width right-of-way at this point) dedicated by plat Bridge Lane
Addition, an addition to the City of The Colony as recorded in Document Number 2018-93, Denton
County Plat Records, with the west right-of-way line of Lebanon Road (a 120 foot wide right-of-
way) according to the plat recorded in Cabinet W, Page 268, Denton County Plat Records;
THENCE Southwesterly, 1066.00 feet along the west right-of-way line of Lebanon Road
following a curve to the left having a central angle of 29 degrees 38 minutes 57 seconds, a radius
of 2,060.00 feet, a tangent of 545.22 feet, and whose chord bears South 17 degrees 18 minutes 25
seconds West, 1054.15 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for
corner, said point being the southeast corner of said 29.691 acre tract;
THENCE South 89 degrees 18 minutes 15 seconds West, 1,294.56 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found at the southwest corner of said 29.691 acre tract, said point
also being the southeast corner of Lot 1, Block A, The Tribute New Course, an addition to the City
of The Colony as recorded in Cabinet Y, Page 59, Denton County Plat Records;
THENCE along the west line of said 29.691 acre tract and along the east line of said Lot 1, Block
A as follows:
North 38 degrees 20 minutes 39 seconds East, 785.84 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner;
Northeasterly, 172.12 feet along a curve to the left which has a central angle of 49
degrees 18 minutes 36 seconds, a radius of 200.00 feet, a tangent of 91.80 feet, and whose chord
bears North 13 degrees 41 minutes 21 seconds East, 166.86 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
North 10 degrees 57 minutes 57 seconds West, 659.28 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner, said point being the northwest corner of said
29.691 acre tract, said point being the northeast corner of said Lot 1, said point also being in the
south right-of-way line of Bridge Lane;
THENCE along the north line of said 29.691 acre tract and along the south right-of-way line of
Bridge Lane as follows:
158
Exhibit A – Page 2
2155.013\103053.8
South 66 degrees 33 minutes 04 seconds East, 32.85 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
South 64 degrees 30 minutes 22 seconds East, 322.00 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner;
Southeasterly, 436.78 feet along a curve to the left which has a central angle of 26
degrees 04 minutes 06 seconds, a radius of 960.00 feet, a tangent of 222.24 feet, and whose chord
bears South 77 degrees 32 minutes 24 seconds East, 433.02 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
North 89 degrees 25 minutes 33 seconds East, 112.90 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner;
Southeasterly, 301.35 feet along a curve to the right which has a central angle of 34
degrees 31 minutes 54 seconds, a radius of 500.00 feet, a tangent of 155.41 feet, and whose chord
bears South 73 degrees 18 minutes 30 seconds East, 296.81 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
South 56 degrees 02 minutes 33 seconds East, 70.35 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
South 11 degrees 46 minutes 54 seconds East, 35.81 feet to the POINT OF BEGINNING
and containing 1,293,349 square feet or 29.691 acres of land.
Bearings based on Bridge Lane Addition plat recorded in Document Number 2018-93, Denton
County Plat Records.
159
Exhibit B – Page 1
2155.013\103053.8
Exhibit B
Development Regulations
The property described on Exhibit A and known as the Chelsea Green development (the "Property") shall be developed in accordance
with the regulations on this Exhibit B, and the Development Plan on Exhibit C which shall also serve as the Concept Plan for such
property. Building materials and architectural standards for townhomes on the Property shall be governed and enforced exclusively
pursuant to a development agreement between the developer and the City.
The tables below reflect the zoning for all residential villages in PD-18 and PD-23 as they exist on the date of this Ordinance. These
tables do not contain substantive amendments to PD-18 or PD-23 with the exception of the Chelsea Green 29-acre development
described on Exhibit A.
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Min.
Lot
Width
50' 60' 50' 41' 40'
Alley
50’
60’ 50' 60' 80’ 60’ 75' 80' 50'
(zero
lot
line)
60’ 40'
Alley
(zero
lot
line)
55'
(zero
Lot
line)
48' 55' 65' 76'
Min. Lot
Area (SF)
5000 7000 5000 4400 4400 5000 7000 5000 7000 12000 7000 9000 12000 4750 6000 4400 6200 5000 6200 7400 9000
Min. Lot
Depth
100' 110' 100' 110' 120' 100’ 110’ 100' 110' 120’ 110’ 110' 120' 100' 100’ 120' 120' 110' 120' 120' 120'
Min. Lot
Depth on
Curve
95' 95' 95' 95' 95' 95’ 95’ 95' 95' 110’ 95’ 95' 110' 95' 95’ 95' 95' 95' 95' 95' 95'
Min.
Front
Setback
15' 15' 15' 15' 14' 15’ 15’ 15' 15' 25’ 15’ 20' 25' 15' 15’ 14' 15' 15' 15' 15' 20'
Min.
Garage
Setback
20' 20' 20' 20' 18' 20’ 20’ 20' 20' 25’ 20’ 20' 25' 20' 20’ 18' 20' 20' 20' 20' 20'
160
Exhibit B – Page 2
2155.013\103053.8
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Min. Side
Setback
5' 5' 5' 5' 5' 5’ 5’ 5' 5' 8’ 5’ 7.5' 8' 3'/7' 5’ 0'/10' 0'/10' 5' 5' 5' 5'
Min. Side
Setback on
Corner
10' 10' 10' 10' 10' 10’ 10’ 10' 10' 15’ 10’ 15' 15' 10' 10’ 10' 10' 10' 10' 10' 10'
Min. Rear
Setback
15' 15' 15' 15' 15' 15’ 15’ 15' 15' 20’ 15’ 20' 20' 10' 15’ 15' 15' 15' 15' 15' 20'
Min. Rear
Setback
for Patio
Covers /
Gazebos
5' 5' 5' 5' 5' 5’ 5’ 5' 5' 8’ 5’ 8' 8' 5' 5’ 5' 5' 5' 5' 5' 5'
Max. Lot
Coverage
(does not
include
patio
covers &
gazebos)
55% 55% 55% 60% 60% 55% 55% 55% 55% 55% 55% 55% 55% 60% 60% 60% 60% 60% 60% 55% 55%
Garage
parking
(min. # of
spaces)
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
Driveway
Parking
(min. # of
spaces)
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
Max.
Residential
Building
Height
40' 40' 40' 40' 40' 40’ 40’ 40' 40' 40’ 40’ 40' 40' 40' 40’ 40' 40' 40' 40' 40' 40'
161
Exhibit B – Page 3
2155.013\103053.8
Village Name* Chelsea Green –
Town Homes
Single Family Rentals - 23.866 acres in
Tract 1A of PD 23 Single family rental units (multi-
family greencourt now known as Cove Bay)
[This column applies if
Tract 1A is developed with multi-family
greencourt use]
Min. Lot Width 25' 80'
Min. Lot Area (SF) 1,800 SF 5 acres
Min. Lot Depth 73' 120'
Min. Lot Depth on Curve 73' 120'
Min. Front Setback 10' facing street, 5' facing a green, 6” for a detached pergola 20'
Min. Garage Setback None None
Min. Side Setback 0' on interior side yard 5'
Min. Side Setback on Corner 5' on corner side yard 20'
Min. Rear Setback 8' 5'
Min. Rear Setback for Patio Covers / Gazebos None 5'
Max. Lot Coverage 83% (includes patio covers and gazebos) 75% (does not include patio covers and gazebos)
Garage parking (min. # of spaces) 2 2
Driveway Parking (min. # of spaces) None None, but 0.5 guest spaces per unit required onsite
Max. Residential Building Height 40' 2 stories and 36'
Other N/A 166 units maximum
15% open space minimum
*See the map on this exhibit for each Village referenced in the chart above. The map is attached only for the purpose of showing Village
names and locations, and all other information on the map is informational only and subject to change.
Notes to Tables above:
1. The following are the only landscaping requirements for Chelsea Green:
a. For a townhome use, there shall be a minimum of one 4-inch caliper tree for every two townhome lots.
b. For a single family detached use, there shall be a minimum of two 4-inch caliper trees in the front yard of each single
family detached residential lot.
c. Yards adjacent to streets shall be turfed with hydromulch or sod.
d. An acceptable means of soil erosion in the rear and side yards shall be provided.
e. Landscaping throughout the development shall include the use of similar materials and products to create a consistent
image and level of quality. This will be reflected in primary entry areas, secondary entry points, amenity centers, and
throughout the development with special identifiers and signage.
162
Exhibit B – Page 4
2155.013\103053.8
2. Height shall mean the vertical distance of a building measured from the average established grade at the street line or from the
front building line, whichever is higher, to the highest point of the roof.
3. Lots designed as a 40-foot alley product shall have a minimum garage setback of 18 feet and a minimum front setback of 14
feet, with porches permitted to encroach into the front yard setback a maximum of five feet. Temporary visitor parking shall
also be accommodated as parallel parking on the street in front of the home. All other standards for the 40-foot alley product
shall be as noted for Somerset and Westbury above.
4. Chimney and bay window encroachments will be allowed a maximum of two feet into the front and side yards. Where a
minimum five-foot side yard setback is required, side yard encroachments on common property lines must be separated by a
minimum 20-foot clearance between combustible overhangs and/or walls. The measurement will be parallel to the common
property line.
5. The minimum house size for all Villages except Chelsea Green, Waterford Point, Westbury, and excluding single family rentals,
is 2,000 square feet.
6. The minimum house size for single family rentals is 1,795 square feet.
7. The minimum house size for Waterford Point with a minimum 48-foot front lot width shall be 1,600 square feet.
8. The minimum house size for Chelsea Green townhomes is 1,200 square feet, and the minimum house size for Chelsea Green
single family detached is 2,000 square feet.
9. The minimum house size for Waterford Point with a minimum 55-foot front lot width shall be 1,800 square feet.
10. The minimum house size for Westbury on a lot with a minimum 41-foot front lot width and a 40-foot alley lot width shall be
1,800 square feet. The minimum house size for all other lots shall be 2,000 square feet.
11. The minimum garage size for Chelsea Green (townhomes and single family detached) shall be 370 square feet.
12. Villages that show more than one lot type in the table above may be developed with any of the lot types shown, and development
regulations in this chart shall be applied to each lot based on the size of that lot as shown on the approved final plat.
13. Each Village shall be allowed to have model homes. Lots identified as model home locations may be developed in accordance
with any of the development regulations in this chart that apply to the applicable village.
14. For the Chelsea Green 29-acre property described on Exhibit A, the following apply:
a. The exterior façade of each single family detached home in Chelsea Green shall follow the masonry requirements
applicable to The Lochs and Tullamore Meadows.
b. Street trees may be located either within a townhome platted lot or within the adjacent right -of-way, and either location
shall satisfy landscaping requirements. In areas where a townhome fronts to a common area, street trees may either be
allowed in the platted lot or in the common area.
c. A single family detached lot on a curve or a cul-de-sac may be 55 feet in width as long as the lot area meets the minimum
area square footage. A single family detached lot on a curve or cul-de-sac may be 95 feet in depth as long as the lot area
meets the minimum area square footage.
d. Outdoor living areas, whether the area is covered by a roof which is integrated into the house or not, shall not count
towards lot coverage.
163
Exhibit B – Page 5
2155.013\103053.8
e. Townhomes Chelsea Green shall include detached pergolas no closer than 6” to the building structure and minimum 6”
behind the front property line. The pergolas shall be composed of all cedar and conform to The Colony pergola
requirements.
f. Repeating plans or elevations will not be restricted for buildings side by side or across a street.
PD -18 & PD-23 HISTORY:
For informational purposes only, the following is a list of ordinances adopting and amending PD-18 and PD-23 through the date of this
ordinance:
1. Original Ordinance 00-1245 (adopted 11/6/2000) established zoning for PD-18 (The Tribute).
2. Ordinance 06-1700 (adopted 12/4/2006) rezoned 25 acres, restricted single family and golf villa height not to exceed 40 feet,
and allowed two-foot chimney and bay window encroachments and batch plants.
3. Ordinance 07-1745 (adopted 12/3/2007) established development standards.
4. Ordinance 09-1798 (adopted 3/2/2009) added the following definition for Height: Height shall mean the vertical distance of a
building measured from the average established grade at the street line or from the front building line, whichever is higher, to
the highest point of the roof.
5. Ordinance 2012-1982 (adopted 10/2/2012) changed development standards for Balmerino.
6. Original Ordinance 09-1802 (adopted 4/6/2009) established zoning for PD-23.
7. Ordinance 09-1823 (adopted 8/17/2009) added 40 acres of mixed use to PD-23.
8. Ordinance 09-1824 (adopted 8/17/2009) added 4.8 acres of mixed use to PD-23.
8. Ordinance 2012-1964 changing the sign regulations for PD-18 and PD-23.
9. Ordinance 2013-2023 (adopted 9/3/13) changed the development standards for Aberdeen, Westbury, Stonehaven, Balmerino,
Lochs, Tullamore Meadows, Glen and The Gardens.
10. Ordinance 2014-2057 (adopted 3/4/2014) provided for temporary batch plants.
11. Ordinance 2015-2176 (adopted 11/17/2015) added development standards for Tribute West (now known as Waterford Point).
12. Ordinance 2019-2351 (adopted 2/19/2019) changed development standards for Westbury.
13. Ordinance 2021-2442 (adopted 7/2/21) rezoned 23.866 acres in Tract 1 to Tract 1A - single family rental units (multi-family
greencourt).
14. Ordinance 2021-2451 (adopted 10/6/21) established site plan for 166 single family rental units on 2 3.866 acres – Tract 1A.
164
Exhibit B – Page 6
2155.013\103053.8
165
Exhibit B – Page 7
2155.013\103053.8
166
Exhibit C – Page 1
2155.013\103053.8
Exhibit C
Chelsea Green Concept Plan & Development Plan including Open Space Plan
167
Exhibit C – Page 2
2155.013\103053.8
168
Exhibit C – Page 3
2155.013\103053.8
Elevations:
169
Exhibit C – Page 4
2155.013\103053.8
Illustrative Exhibit: Two Story with Detached Pergola.
Design Standards: European Eclectic
Front Facades: Architectural offsets that pronounce an additional entrance/exit of the home.
Colors: Colors will be consistent on all units within the building and different from building to building per color key.
Roof Style: Design complies with a combination of gables and Dutch hip Gables.
Exterior Wall Finish: Material finish in compliance with three architectural textures incorporated. The three textures are: Brick, Stone, and Stucco
with Stone being the dominate material.
Window Style: All exterior front façade windows have muntin bar detailing to provide a minimum of 4 light windows.
Design Components: Covered Front doors are 36” wide x 96” in height with no side lights incorporated. Decorative vents are used in all
furthermost gables in the front façade.
170
Exhibit C – Page 5
2155.013\103053.8
Illustrative Exhibit: Three Story with Detached Pergola
171
Exhibit C – Page 6
2155.013\103053.8
Design Standards: European Eclectic
Front Facades: Architectural offsets that pronounce an additional entrance/exit of the home.
Colors: Colors will be consistent on all units within the building and different from building to building per color key.
Roof Style: Design complies with a combination of gables and Dutch hip Gables.
Exterior Wall Finish: Material finish in compliance with three architectural textures incorporated. The three textures are: Brick, Stone, and Stucco
with Stone being the dominate material.
Window Style: All exterior front façade windows have muntin bar detailing to provide a minimum of 4 light windows.
Design Components: Covered Front doors are 36” wide x 96” in height with no side lights incorporated. Decorative vents are used in all
furthermost gables in the front façade.
172
Narrative: Exhibit A
Chelsea Green Site Plan Amendment
Grenadier Homes Elevations
Chelsea Greens is a town home community designed with a focus on open spaces and walking trails that
incorporates housing fronting onto landscaped open areas (Mews Condition) and on streets (Street
Condition) which still have beautiful views looking at adjacent landscape open areas. Grenadier Homes
has designed elevations which adhere to the Building Material Regulations, along with an added front
courtyard design intended to provide our homeowners with beautiful views and easy interaction with
the lush landscaping of adjacent open areas and encourage a sense of community by fostering
continuous social interaction amongst our homeowners. Grenadier Homes is requesting that the
submitted elevation and material be approved under the European Eclectic Design Standard and that a
detached pergola be allowed within the front fenced courtyard. Grenadier Homes will be building two-
and three-story town homes.
Front Court Yards
The elevations exhibit architectural offsets that pronounce an additional entrance/exit of the home to a
very functional and spacious front courtyard utilizing 8-foot sliding glass doors. Stone material will
dominate the courtyard including stone columns at the outer fencing corners. The courtyards will
feature a stained natural cedar, detached pergola, giving the homeowner a feeling of ‘room and
enclosure’ while at the same time providing special views of the walking trails and lushly landscaped
adjacent open areas.
173
Page 1
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023-____
(CHELSEA GREEN)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING (ORDINANCE 2022-2464) PLANNED
DEVELOPMENT 18 (PD-18) BY AMENDING CHELSEA GREEN
DEVELOPMENT STANDARDS, BY AMENDING THE CONCEPT PLAN
TOWNHOME DEVELOPMENT ELEVATIONS; FOR CHELSEA GREEN
AT THE TRIBUTE, AN APPROXIMATELY 29.691-ACRE TRACT OF
LAND COMMONLY REFERRED TO AS THE CHELSEA GREEN
DEVELOPMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described on Exhibit A is currently zoned planned development
18 (PD-18); and
WHEREAS, the City Council of the City of The Colony, Texas, approved the Planned
Development zoning for PD-18 on November 6, 2000 by adopting Ordinance No. 00-1245, and
has adopted several subsequent amendments to that ordinance; and
WHEREAS, the applicant has made a request to amend the development standards and
development plan as reflected on Exhibits B and C for the approximately 29.691-acre tract of land
described on the attached Exhibit A and known as Chelsea Green; and
WHEREAS, after discussion and consideration, the City Council has determined that the
revised development standards on Exhibit B and revised development plan on Exhibit C should
be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1.That PD-18 is hereby amended for the property described on Exhibit A to
change the development standards as shown on Exhibit B and to change the Development Plan as
shown on Exhibit C which shall also serve as the Concept plan for the property described on
Exhibit A, which exhibits are attached hereto and incorporated herein for all purposes. An updated
development standards table for PD-18 and PD-23 that has been reformatted, but includes no
amendments for property other than the property described on Exhibit A, is included as part of
Exhibit B to facilitate the administration of PD-18 and PD-23.
174
Page 2
SECTION 2.That this Planned Development shall be developed and used only in
accordance with the Comprehensive Zoning Ordinance and Ordinance No. 00-1245, PD-18, as
amended.
SECTION 3.That the Zoning Ordinance of the City of The Colony, Texas, as amended,
and all ordinances establishing and amended PD 18, shall remain in full force and effect, save and
except as amended by this Ordinance.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase, or section
of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal, or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 5.That any person, firm, or corporation violating any of the provisions or
terms of this Ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the City of The Colony, Texas, as heretofore amended, and upon conviction shall
be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense;
and each and every day such violation shall continue shall be deemed to constitute a separate
offense.
SECTION 6. That this Ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of The Colony, Texas, this the __ day of
______, 2023.
APPROVED:
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
_____________________________________
Jeffrey L. Moore, City Attorney
175
Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Tina Stewart
Submitting Department: Finance
Item Type: Discussion
Agenda Section:
Subject:
Discuss and consider approving a resolution amending the Fiscal Year 2022-2023 Master Fee Schedule for the
Fiscal Year 2023-2024, effective October 1st, 2023. (Miller)
Suggested Action:
Attachments:
FY 2023-2024 Preliminary Master Fee Schedule.pdf
Res. 2023-xxx Master Fee Schedule.doc
176
Master Fee Schedule
October 01, 2023 -September 30, 2024
177
$250
$15 each
$50 each
$.10 per page
$.50 per page
$1 per square foot
Donation Box - Annual Permit
Rental Inspection - per unit inspected - (Multi-Family) - Program Suspended
Rental Registration - Suspended at this time
Rental Inspection - per unit inspected - Program Suspended
Fifth and subsequent re-inspections = $500 each
First Inspection = $5
Follow-up re-inspection = no fee
Third re-inspection = $100
Fourth re-inspection = $250
Fifth and subsequent re-inspections = $500 each
$10 per unit
$100 per unit
COMMERCIAL & MULTI-FAMILY PERMITS
(NEW CONSTRUCTION)
Valuation and fee determined per the "Square Foot Construction Costs" table provided
each August by the International Code Council with a permit fee multiplier of 0.0090 (See
TABLE 2)
Valuation and fee determined per the "Square Foot Construction Costs" table provided
each August by the International Code Council with a permit fee multiplier of 0.0050 (See
TABLE 2)
Donation Box - Relocation Permit
Newspaper Box - Annual Permit
Newspaper Box - Relocation
Commercial Cell Tower
Flagpole Installation (over 20' in height)
Demolition
Residential Building Permit
Residential Accessory Structure
Late Rental Registration - Program Suspended
Late Rental Inspection - Program Suspended
New Commercial Building Permit
Commercial Alteration, Remodel, Total Finish Out (TFO)
NEW RESIDENTIAL HOME PERMITS
(NEW CONSTRUCTION)
$1.01 PER SQUARE FOOT
Other Building Permits
$100
$0.159 per sq ft (minimum $50)
$50
$75
Commercial Tree Removal
Other required permits not specifically listed
Archiving Fee
Residential Remodel, Addition or Finish Out
Re-roofing - Multi-Family / Commercial
Re-roofing - Single Family (replace decking)
Temporary Commercial Structure
Manufactured Home Inspection
Manufactured / Modular Home Moving Permit
$100
$275
$100
$0.159 per sq ft (minimum $50)
$10 per $1,000 value ($100 minimum)
$75
$50.00 + $100.00 for each protected tree to be removed
$10 per $1,000 value ($100 minimum)
Miscellaneous
$5 per page
Organization Event Sign Permit
Tent, Bounce House, Climbing Wall
Small Copies (up to 8 1/2" X 14")
After Hours Inspection (At the discretion of the Building Official.)
Holiday Inspection
(At the discretion of the Building Official, includes weekends in conjunction with holidays.)
Special Event Permit:
Work Performed without a Permit
Re-inspection
Same Day Inspection (At the discretion of the Building Official.
During Business Hours.
Attendance of 0-249 Persons
Attendance of 250-1,999 Persons
Attendance of 2,000+ Persons
Schedule fee doubled
$75
$50 per hour (2 hour maximum)
$100 per hour (2 hour maximum)
$200 per hour (2 hour maximum)
$50
$150
Copies (11" X 17" or greater)
Color Copies larger than 11" X 17"
ANNUAL PERMITS
Donation Box
$100
$100
Newspaper Box
Fee Not Required as of 10/01/15
Fee Not Required as of 10/01/15
Rental Registration & Inspection - Suspended at this time
$5 per unit annually
First Inspection = $50
Follow-up re-inspection = no fee
Third re-inspection = $100
Fourth re-inspection = $250
178
Above Ground - $100
Underground - $150
$75
$225
1 - 25 devices = $150
26 - 50 devices = $200
51 - 75 devices = $250
76 - 100 devices = $325
101 devices = $350 + $.75 per device over 100
1 - 100 sprinkler heads = $175
101 - 200 sprinkler heads = $200
201 - 300 sprinkler heads = $225
301 - 400 sprinkler heads = $250
401 - 500 sprinkler heads = $300
over 500 sprinkler heads = $250 + $.25 per sprinkler over 500
$100
30 - 48 sq ft - $45
0 - 24,99 sq ft = $30
25 - 49.99 sq ft = $45
50 - 99.99 sq ft = $60
100 - 299.99 sq ft = $125
300 - 399.99 sq ft = $200
400 - sq ft and up = $300
$100
$45
$75
$150
Certificate of Occupancy
$75
$75
Scheduled fee doubled
$75
$75
BUILDING PERMITS
Electric Permit
$10.00 for every $1,000 value ($100 minimum)
$50
Fencing/Retaining Wall Permit
1 lot: $50
Subdivision: $50.00 plus $0.25 per linear foot
$75
Mechanical Permit
$10.00 for every $1,000 value ($100 minimum)
Plumbing Permit
Fence
Retaining Wall
Electrical Permit
Temporary Power Pole/Clean & Show
Spray Park / Splash Zone
Hot Tub or Spa
Banner Sign
New Lawn Sprinkler System & Backflow Test
Plumbing Permit
In Ground / Above Ground Swimming Pool
Mechanical Permit
Annual Backflow Inspection Report
Backflow Repair / Replacement Permit
$50 per device annually
$75
$125
$10.00 for every $1,000 value ($100 minimum)
Pool/Spa Permit
$200
$200
$150
Sign Permit
0 - 29.99 sq ft = $30
Billboard - Annual Renewal
Certificate of Occupancy
Temporary Certificate of Occupancy
Signage license agreement review
Inflatable Sign
Billboard - Registration
Sign Permit
Multi-Family Plan Review
Application Fee/Non-Refundable Plan Review Fee
(to be paid at time of application)
Residential Plan Review
Accessory Structure
Remodels
Commercial Plan Review
Operating a business without a C of O
Re-Inspection Fee - Building Inspections
Re-inspection Fee - Fire/Annual Fire Co Inspection
Building Plan Review
$50 or 25% of building permit fee, whichever is greater
$50 or 25% of building permit fee, whichever is greater
25% of building permit fee
25% of building permit fee
$50
$100
Group Home - Annual Fire Inspection
Fire Re-Inspection
Storage Tanks
Mobile Food Truck/Trailer Fire Inspection
State Mandated Fire Inspection
Sign Plan Review
Plan Amendment Fee
General Contractor**
$20
$100
Contractor License/Registration
$75 per registration annually
**General Contractor shall include, but not to be limited to, the following contractors: commercial,
residential, moving, pool, fence, sign, demolition, foundation, remodeling, etc.
Fire Plan Review/Permit
$75
$75
$50
$75 for the first
$150 for the second
Fire Sprinkler Permit
(Based on the number of sprinkler heads)
Solar Review & Inspection
Fire Line Permit
Fire Alarm Permit Fee
(Based on the number of signal initiating devices)
Special Locks
ERRCS (Emergency Radio Responder Coverage System)
Vent Hood Permit
Working without a permit
Fire Panel Replacement Only
Fire Plan Review
Plan Review Re-submittal
Fire Communicator Replacement Only $100
$175
$200
$140
$100 - first hood
$50 - each additional
Double permit fee
$100
179
6 - 10 addresses = $225
11 + addresses = $400
$100
$250
$25 + Mitigation Fees
$20
$35 + Mitigation Fees
$20
Zoning
Cost ($400 minimum)
$500
0 - 4.99 acres or portion thereof = $375
5 - 9.99 acres or portion thereof = $650
10 - 24.99 acres or portion thereof = $825
25 - 49.99 acres or portion thereof = $1,000
50 - 99.99 acres or portion thereof = $1,250
100+ acres = $200 + $12 per acre
$375
$100
$375
$350
MUZ Permit
Narrow Shoreline Variance Permit
Shoreline Mitigation Fees
$20
PD Amendment
Site Plan Amendment Review
Annexation Newspaper Notice
Annexation Petition
Zoning Amendments, Planned Developments, Specific Use Permits, Site Plan
Irrigation Permit
Combine MUZ, NSV, and Irrigation
Renewal Permits
Permit for Sexually Oriented Business
Preliminary Plat
Gateway Standards Waiver
Zoning Verification Letter
Public Hearing Sign Deposit
SUP Amendment
Special Exception
Variance Application $350
$350
$50 per property (within 7 business days)
$70 per property (within 3 business days)
$35 per sign
$500 annual permit
Platting
Single Family / Duplex = $375 + $15 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250
+ $72 per acre or portion thereof
General Development Plat
Street Address Change/Street Name Change
Minor Plat
Conveyance Plat
Final Plat / Amending Plat
Replat
Single Family / Duplex = $375.00 + $15.00 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250
+ $72 per acre or portion thereof
Single Family / Duplex = $375 + $15 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250 + $72 per acre or portion thereof
$300 + $10 per acre or portion thereof
Single Family / Duplex = $375 + $15 per lot
All others = $250 + $72 per acre or portion thereof
Multi-Family / TH = $250
+ $144 per acre or portion thereof
$50 per acre or portion thereof
1 - 5 addresses = $100
Plat Extension
Vacating Plat
180
$1,895
$2,415
$3,210
$5,000
WATER & SEWER IMPACT
(Property final platted before September 30, 2007)
ENTIRE CITY EXCEPT THE TRIBUTE SUBDIVISION*
SEWER IMPACT FEE
$990
$1,089
$1,782
$3,663
$5,940
$5,940
$11,880
$12,969
$18,513
$23,364
$37,125
Water Meter
$475
$595
$730
$1,085
$1,200
$1,625
$1,895
$2,415
$3,210
$4,270
$500
$20 per foot
2" Tap & Meter
3" Tap Only
4" Tap Only
3/4" Tap & Meter
1" Tap & Meter
1.5" Tap & Meter
5/8" Tap & Meter
6" Sewer Tap
8" Sewer Tap
10" Sewer Tap
When a paved road must be bored to make tap
Tap & Meter fee includes a service connection from main line to meter within (50) feet. Connections
greater than fifty (50) feet shall include a "per foot" fee.
4" Sewer Tap
6" Tap Only
8" Tap Only
10" Tap Only
Sewer/Fire Line Tap
$570
$865
$1,410
$2,220
4" Fire Line Tap
6" Fire Line Tap
8" Fire Line Tap
5/8" X 3/4" Meter $768
3/4" Meter $1,152
$3,840
2" Compound Meter $6,144
2" Turbine Meter $6,144
3" Turbine Meter $13,440
4" Compound Meter
3" Compound Meter $12,288
1" Meter $1,920
1.5" Meter
METER SIZE WATER IMPACT FEE
10" Fire Line Tap
$61,440
8" Turbine Meter $92,160
10" Compound Meter $88,320
$19,200
4" Turbine Meter $24,192
6" Compound Meter $38,400
10" Turbine Meter $145,920
6" Turbine Meter $53,760
8" Compound Meter
$51,975
$59,400
$89,100
$85,338
$141,075
* The Tribute Subdivision has a Developer's Agreement authorizing all new fees.
NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees.
181
WATER & SEWER IMPACT
(Property final platted after December 1, 2020)
NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees.
SEWER IMPACT FEE
$4,034
$6,051
$10,085
$20,170
$32,272
$32,272
$40,340
$64,544
$96,816
$100,850
$169,428
$201,700
$371,128
$322,720
$645,440
$1,008,500
WATER & SEWER IMPACT
(Property final platted after October 1, 2007)
SEWER IMPACT FEE
$815
$1,223
$2,038
$4,075
$6,520
$8,150
$13,040
$19,560
$20,375
$34,230
$40,750
$74,980
$65,200
$130,400
$203,750
METER SIZE WATER IMPACT FEE
5/8" PD
8" Compound Meter $132,240
8" Turbine Meter
6" Turbine Meter $152,076
3" Turbine Meter $39,672
4" Compound Meter $41,325
4" Turbine Meter $69,426
6" Compound Meter $82,650
$13,224
METER SIZE WATER IMPACT FEE
$264,480
10" Turbine Meter $413,250
2" Turbine Meter $16,530
3" Compound Meter $26,448
5/8" X 3/4" Meter $1,653
3/4" Meter $2,480
$4,133
1.5" Meter $8,265
2" Compound Meter
1" Meter
NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees.
3" Compound Meter $8,288
3" Turbine Meter $12,432
2" Compound Meter $4,144
2" Turbine Meter $5,180
$518
3/4" PD $777
1" PD $1,295
$4,144
1 1/2" PD $2,590
2" PD
8" Compound Meter $41,440
8" Turbine Meter $82,880
6" Compound Meter $25,900
6" Turbine Meter $47,656
4" Compound Meter $12,950
4" Turbine Meter $21,756
10" Turbine Meter $129,500
182
ITE Land
Use Code
030
110
120
130
150
151
210
220
230
240
251
252
254
310
320
432
430
495
465
431
445
491
560
565
522
530
540
550
630
610
620
640 1,711$
227$
1,452$
1,791$
250$
2,061$
2,542$
274$
3,424$
80$
64$
59$
85$
2,694$
677$
114$
642$
802$
302$
245$
944$
585$
491$
557$
255$
236$
208$
455$
356$
949$
3.88
ROADWAY IMPACT FEES - Page 1
2016
Fees
6,183$
916$
3.40
1.28
1.04
Veh-Mi Per
Dev-Unit
26.20
Dwelling Unit
Dwelling Unit
Dwelling Unit
Dwelling Unit
0.88
General Light Industrial
Truck Terminal
PORT AND TERMINAL
Land Use Category
INDUSTRIAL
Development
Unit
Acre
1,000 SF GFA
1.93
1.51
4.02
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
Residential Condominium/Townhome
Mobile Home Park/Manufactured Housing
Senior Adult Housing-Detached
Senior Adult Housing-Attached
Industrial Park
Warehousing
Mini-Warehouse
General Light Industrial
RESIDENTIAL
4.00
2.48
2.08
2.36
1.08
1.00Dwelling Unit
Room
Room
Tee
2.72
Acre
Dwelling Unit
Assisted Living
LODGING
Hotel
Motel / Other Lodging Facilities
RECREATIONAL
Golf Driving Range
Single-Family Detached Housing
Apartment/Multi-family
Beds
1,000 SF GFA
Beds
Ice Skating Rink
Miniature Golf Course
Multiplex Movie Theater
Racquet / Tennis Club
1,000 SF GFA
Hole
Screens
Court
Golf Course
Recreational Community Center 1,000 SF GFA
0.36
19.55
5.36
0.83
12.46
1.16
1,000 SF GFA
Beds
14.51
0.34
0.27
0.25
1,000 SF GFA
1,000 SF GFA
Students
Students
Students
Students
0.96
8.81
7.59
1.06
43.85
10.77
University / College
MEDICAL
Clinic
Hospital
Nursing Home
Animal Hospital / Veterinary Clinic
INSTITUTIONAL
Church
Day Care Center
Primary / Middle School (1 - 8)
High School
Junior / Community College
183
ITE Land
Use Code
714
710
720
715
750
942
843
944
945
946
841
941
947
848
934
933
932
931
937
815
817
862
880
881
820
850
864
875
896
911
912
918
485$
936$
1,379$
274$
1,604$
5,716$
4,315$
2,055$
1,385$
4,251$
1,570$
1,178$
759$
1,947$
1,947$
ROADWAY IMPACT FEES - Page 2
2016
Rates
772$
821$
2,050$
954$
827$
898$
1,510$
664$
486$
Land Use Category
5.64
5.96
14.28
6.96
Veh-Mi Per
Dev-Unit
Development
Unit
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
7.87
19.51
11.23
4.21
21.86
11.21
15.62
3.90
12.69
16.25
39.10
31.31
13.45
10.05
30.75
3.57
3.66
5.87
8.72
1.99
8.37
5.92
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
Vehicle Fueling Position
1,000 SF GFA
1,000 SF GFA
Dining
1,000 SF Occ GLA
1,000 SF GFA
12.34
29.86
5.22
9.54
4.83
Gasoline / Service Station w/ Conv Market
Gasoline / Service Station w/ Conv Market and Car Wash
New Car Sales
Quick Lubrication Vehicle Shop
Self - Service Car Wash
Tire Store
1,000 SF GFA
Servicing Positions
Stall
Office Park
COMMERCIAL
Automobile Related
Automobile Care Center
Automobile Parts Sales
Gasoline / Service Station
1,000 SF GFA
1,000 SF GFA
OFFICE
Corporate Headquarters Building
General Office Building
Medical - Dental Office Building
Single Tenant Office Building
1,000 SF GFA
Other Retail
Free-Standing Discount Store
Nursery (Garden Center)
Home Improvement Superstore
Pharmacy/Drugstore w/o Drive Thru Window
Pharmacy/Drugstore w/Drive Thru Window
1,000 SF GFA
Drive-in Lanes
1,000 SF GLA
Fast Food Restaurant w/ Drive-Thru Window
Fast Food Restaurant w/out Drive-Thru
High Turnover (Sit-Down) Restaurant
Quality Restaurant
Coffee/Donut Shop w/Drive-Thru Window
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
Vehicle Fueling Position
Vehicle Fueling Position
1,000 SF GFA
1,000 SF GFA
1.72
Walk-In Bank
Drive-in Bank
Hair Salon
Shopping Center
Supermarket
Toy/Children's Superstore
Department Store
Video Rental Store
SERVICES
1,097$
2,963$
1,547$
552$
3,012$
2,912$
5,662$
406$
184
185
OFFICE CREEK DRAINAGE IMPACT FEES & MAP
$231.52/lotResidential
Non-Residential $231.52/ERU*
*ERU is an equivalent residential unit and is equal to 3,406 square feet of impervious area.
186
187
188
Group (2018 International Building
Code)IA IB IIA IIB IIIA IIIB IV VA VB
A-1 Assembly, theaters, with stage 247.86 239.47 233.25 223.81 210.17 204.10 216.62 195.46 188.40
A-1 Assembly, theaters, without
stage
227.10 218.71 212.49 203.05 189.41 183.34 195.86 174.70 167.65
A-2 Assembly, nightclubs 191.96 186.56 182.12 174.70 164.94 160.39 168.64 149.29 144.33
A-2 Assembly, restaurants, bars,
banquet halls
190.96 185.56 180.12 173.70 162.94 159.39 167.64 147.29 143.33
A-3 Assembly, churches 229.69 221.30 215.08 205.64 192.37 187.27 198.45 177.66 170.60
A-3 Assembly, general, community
halls, libraries, museums 192.20 183.41 176.59 168.15 153.51 148.44 160.96 138.80 132.75
A-4 Assembly, arenas 226.10 217.71 210.49 202.05 187.41 182.34 194.86 172.70 166.65
B Business 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08
E Educational 209.90 202.64 196.82 188.34 175.49 166.60 181.86 153.45 148.75
F-1 Factory and industrial,
moderate hazard
117.60 112.19 105.97 101.84 91.54 87.26 97.61 75.29 70.95
F-2 Factory and industrial, low
hazard
116.60 111.19 105.97 100.84 91.54 86.26 96.61 75.29 69.95
H—1 High Hazard. explosive 109.99 104.58 99.35 94.22 85.14 79.87 89.99 68.89 N.P.
H234 High Hazard 109.99 104.58 99.35 94.22 85.14 79.87 89.99 68.89 63.56
H-5 HPM 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08
I -1 lnstîtutional. supervised
environmœt
197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33
I-2 lnstîtutional. hospitals 335.53 328.23 321.81 312.65 296.45 N.P.305.67 276.99 N.P.
I-2 Institutional. nursing homes 233.12 225.82 219.40 210.24 195.51 N.P.203.26 176.05 N.P.
I-3 Institutional, restrained 227.71 220.41 213.99 204.83 190.84 183.78 197.85 171.37 163.02
I-4 Institutional. day care facilities 197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33
M Mercantile 142.95 137.54 132.11 125.68 115.38 111.83 119.62 99.73 95.77
R-1 Residential, hotels 199.70 192.92 186.99 179.78 164.90 160.43 179.93 148.60 143.96
R-2 Residential, multiple family 167.27 160.49 154.56 147.35 133.71 129.23 147.50 117.40 112.76
R-3 Reidential, one- and two-family d 155.84 151.61 147.83 144.09 138.94 135.27 141.72 130.04 122.46
R-4 Residential, care/assisted living
facilities
197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33
S-1 Storage, moderate hazard 108.99 103.58 97.35 93.22 83.14 78.87 88.99 66.89 62.56
S-2 Storage, low hazard 107.99 102.58 97.35 92.22 83.14 77.87 87.99 66.89 61.56
U Utility. miscellaneous 84.66 79.81 74.65 71.30 64.01 59.80 68.04 50.69 48.30
a. Private Garages use Utility, miscellaneous
b. For shell only buildings deduct 20 percent
c. N.P. = not permitted
d. Unfinished basements (Group R-3) =
$22.45 per sq. ft.
Type II-B Retail (Mercantile) with 3,800 sq. ft. of floor space would be calculated as:
3,800 X $125.68 X 0.0090 = $4,298.25
Square Foot Construction Costs A,B,C
TO CALCULATE FEE = MULTIPLY GROSS SQUARE FEET BY
Ta
b
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2
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u
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e
F
o
o
t
C
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u
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i
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C
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t
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$ AMOUNT ABOVE BY PERMIT FEE MULTIPLIER (CURRENTLY 0.0090 FOR NEW CONSTRUCTION, 0.0060 FOR ALTERATION,
REMODEL, TFO)
189
$75
$100
$75
Scheduled fee doubled
Miscellaneous
$.10 Per Page
$.50 Per Page
$1 Per Square Foot
* Fees may be reduced up to 50% for non-profit organizations upon approval from the City Manager or his designee.
Municipal Court
$25
$100
$2.50
Finance
$500/Each Claim
Single Family Residential Lot
< 3 acres
> 3 acres
Monitor well
De-watering well
Injection well
Test well
Irrigation well
Water well - residential
Water well - non-residential
Annual public right of way use fee
Network provider connect network node to network fee
Pole attachment rent (network node on service pole)
Permit application fee
$250 per network node/year
$28 per node per month
$20/pole/year
$500/node (first 5 network nodes)
$250/node for each additional node over 5 nodes
$1,000/pole for each node support pole
GENERAL FUND
Permits
Floodplain Development Permit
$100
$300
$400
$500
$40
Grading Permit
Single Family Residential Lot
< 300 linear feet stream or shoreline
300 - 1,000 linear feet stream or shoreline
> 1,000 linear feet stream or shoreline
$200
$300
Well Drilling Permit
$50
$50
$250
$50
$250
$100
Administrative Fee - Residential (1 thru 4)
Administrative Fee - Residential (5+)
Administrative Fee - Commercial (1 thru 3)
$250
Network Node Fees
Code Enforcement Fees
$100
$150
$100
Grocery Stores (>8,000 sq. ft. GFA)
Restaurants (<2,000 sq. ft. GFA)
Restaurants (>2,000 sq. ft. GFA)
1 to 5 days late
6 or more days late
Grocery Stores (<8,000 sq. ft. GFA)
Administrative Fee - Commercial (4+)$200
Health Permits
Annual Health Permits:
Late Payment of Health Permit:
50% of health permit fee
100% of health permit fee
$350
$550
$350
$550
Temporary Permits (14 days or less)
Mobile Truck (Hot Food) Food Unit
Mobile Truck (Cold Food) Food Unit
Convenience Store (with deli)
Child Care Facilities
Seasonal Permits (6 months)
Warehouse/Distribution/Catering (<2,000 sq. ft. GFA)
Warehouse/Distribution/Catering (>2,000 sq. ft. GFA)
Convenience Store
$350
$550
$265
$320
$200
$150
$100 per event/per vendor
$350
$200
Holiday Inspection (at the discretion of the Health Inspector, includes weekends in conjuction with
Pre-Opening/Change of Ownership Fee
Replacements Health Permit
Public/Semi-Public Swimming Pool/Spa/Splash Zone PIWF
Same Day Inspection/After Hours Inspection (at the discretion of the Health Inspector)
Plan Review
Registered Food Service Manager
Replacement RFSM Certificate
Mobile Food Cart
Limited Food Cart (Pre-packaged)
Limited Food Cart (Potentially Hazardous)
$250
$100
$150
$150
$30 biennially
$5/ea
$5/ea
$150 first and $100 each additional
$150 per hour (2 hour minimum)
$200 per hour (two hour minimum)
NSF check returned fee per incident
Expunction Filing Fee
Small Copies (Up to 8.5 " x 14")
Copies (11" x 17" or Greater)
Color Copies Larger than 11" x 17"
Reinspection Fee (Facility initiated)
Re-Inspection Fee (Required if score is 75 or less)
Operating without a permit
Court fine payments online/over the phone
Administrative Fee - Insurance Claims
190
Holiday Rate
Holiday Rate
LISD Event
Current catalog price
2
Inter-library loan service:
Assigned by owning agency
Actual cost
$.10 per copy
$.10 per page
$.25 per page
$.50/page; $5 maximum
$1 per 6" sq.
$1.50 per 6" sq
$.25 per 6" sq
$.10 per gram; $1 minimum
$27, plus $5 proc fee
$15, plus $5 proc fee
$27, plus $5 proc fee
$20, plus $5 proc fee
$27, plus $5 proc fee
$18, plus $5 proc fee
$27, plus $5 proc fee
$18, plus $5 proc fee
$7, plus $2 proc fee
$5, plus $2 proc fee
$8, plus $2 proc fee
$20, plus $5 proc fee
Actual cost, plus $5 process fee
$10/piece up to a maximum of $100 per cataloged item, plus $5 proc fee
$15/piece plus $5 proc fee
$20, plus $5 proc fee
$10/disc, plus $5 proc fee
Fire & Ambulance
$550 - Resident
Firefighter/Paramedic Rate
Advanced Life Support (2) (ALS2)
Basic Life Support (BLS) Emergencies
Ambulance Calls
Mileage
Advanced Life Support (ALS) Emergencies
$650 - Non-Resident
$15.00
$900 - Resident
$900 - Non-Resident
$1,000 - Resident
$1,100 - Non-Resident
$800 - Resident
$850 - Non-Resident
New Subscribers
Special Events
Firefighter/Paramedic Rate
Personnel & Apparatus
Oxygen
Ambulance Subscription Service
Existing Subscribers
Specialized Critical Care (SCT)
Advanced Life Support (ALS) Disposables
Basic Life Support (BLS) Disposables
$900 - Resident
$1,100 - Non-Resident
$200 - Non-Resident
$150 - Non-Resident
$50.00
$60/year - $5/month
$96/year - $8/month
$70.00/hr
$85.00/hr
Graphic Novel
Adult Fiction (hardbound)
Adult Fiction (paperbound)
E /J FIC /YA FIC
YA FIC (paperbound)
Supervisor Rate
Commander Rate
Supervisor Rate
$95.00/hr
$115.00/hr
$150/hr
$75.65/hr
Library
Restitution for lost/ruined materials:
Book (according to classification):
$17, plus $5 proc fee
$15, plus $5 proc fee
$17, plus $5 proc fee
Board books
Magazine
Mass market paperback
LP Non-Fiction (paperbound)
Non-Fiction (hardbound)
Non-Fiction (paperbound)
LP Fiction (hardbound)
LP Fiction (paperbound)
LP Non-Fiction (hardbound)
Fishing gear
Equipment
Inter-library loan material
MP3
Cassette player
Compact disc
Movies (disc)
TV series (disc)
Children's kit (CD & book)
Activity kits
Audiobooks & kits (CD)
$20, plus $5 proc fee
$30, plus $2 proc fee
$20, plus $5 proc fee
Actual cost, plus $10 proc fee
Assigned by owning agency
1st offense
2nd offense
Loss or damage to processing materials
Other items
Partial loss (piece missing)
Inter-library loan material
Equipment
Restitution for repairable damage:
Minimum: $0.25
Maximum: Assigned by owning agency
Minimum: $0.25
Maximum: Repair cost, plus shipping & handling chgs
Minimum: $0.25
Maximum: 3/4 lost/ruined fee
Minimum% of lost/ruined fee
Return equipment in drive-up drop:
$10 fine (per item), plus warning
$10 fine (per item), plus revocation of equipment privileges
Printing fee (color)
Fax fee
Adhesive vinyl
Postage to return
Photocopy fee
Printing fee (grayscale)
Replacement library card
Photocopy charges
Heat transfer vinyl
Transfer tape
3D printing fee
191
$1
$2
$25
$50
No Fee
$50
$75
$100
$35/day $50/wk $125/yr
$10/ea
Normal towing charges for vehicles:
$155
$225
$375/hr
$115 -$140 + $35 each additional 15 minutes
Animal Services
$95
Impound fees:
2nd impound of the same animal
3rd impound of the same animal
4th impound and all subsequent of same animal
Adoption fee
1st impound $25
$60
$85
$115
Voluntary dog registration fee
Rabies test
Deceased animal pickup
Release of ownership & pickup fee
Sheltering fee
Euthanasia fee (includes surrender & disposal)
Live Traps
Microchip
Release of ownership fee
$50 Refundable Deposit Fee, if in working order
$15
$20/animal
$45
$10/night/animal
$65
$10
$75
$15/animal
Alcohol permits
Copies - paper
Prohibited animals
Permanent permit fee
Scanner fee
Deceased animal - remains disposal fee
Home quarantine fee
Shelter quarantine fee
$25
$25
$100
$150
$500/year
City Secretary
$5
1/2 of State Fees Per Ordinance #719
Public records:
$.10/page
Other electronic media
Personnel
Overhead
Audio cassette
Paper - Oversized (11 X 17, etc)
Speciality paper (color maps/$1 sq ft)
CD
DVD
Diskette
1
3
$1/each
$1/each
$.50/each
Actual cost
Actual cost
$15/hr
20% of personnel charge
Alarm fees - permit:
Residential - annual alarm permit
Body cam
Dash cam
911 audio
Accident reports
Clearance Letter/Local Criminal History Report
Offense report and/or copies:
Postage/shipping
Other
Police reports
Actual cost
Actual cost
Police
0.10/page after 10 pages
$6
$4
$.10/page
$10
$3
Preservation Fee
Vehicles up to 10,000 GVWR
Vehicles 10,001 - 26,000 GVWR
Vehicles over 26,000 GVWR (Heavy Duty)
Solicitors permit
Solicitors badge
4th - 5th
6th - 7th
8 or more
Up to 25' - $20
Over 25' - $35
Over 10,000 lbs = $36.80
$21
Storage Fees (DAILY)
Accidents requiring additional services (per accident)
Commercial - annual alarm permit
Alarm fees - false:
1st - 3rd
Certified
192
Resident recreation pass (all ages)
Non-resident recreation pass (all ages)
ID card replacement
Day Pass to Recreation Center
Week Pass to Recreation Center
Non-member program registration fee
$75/5 hrs - Resident
$150/5 hrs - Non-Resident
Athletics
$2/player/season - Admin
$3/player/season - Game fields
$5/player/season - Practice fields
$10/player/season - Non-Resident
$100 - Resident - $110 - Non-Resident
$90 - Resident - $100 - Non-Resident
$45 - Resident - $55 - Non-Resident
$75 - Resident - $85 - Non-Resident
$90 - Resident - $100 - Non-Resident
$325/team/season
$250/team/season
$350/team/season
Rec $70/team/season; Competitive $110/team/season
$300/team/season
PARKS FUND
Recreation
Parks & Recreation Fees:
$15/yr under age 50, $10/yr 50+
$30/yr under age 50, $20/yr 50+
$5
$5
$10
$5/month or $2/class
$155/week - Resident
$185/week - Non-Resident
$40/day - Resident
$50/day - Non-Resident
$25/hr - Resident - $45/hr Non-Resident
$50/hr - Resident - $70/hr - Non-Resident
Recreation Center rentals during hours:
Recreation Center rentals after hours:
Summer pass sales promotion
Private party fees - Resident: 1 zone, 50 people
Aerobic classes - daily
Aerobic classes - monthly
10% discount if bought before Memorial Day
$230 /2hrs /Residents Only
$8/hr
Aqua fit tickets 10 for $50
Swim lessons - lifeguard
Business; special event & private swim clubs
Entrance fees - senior adult exercise/lap swim
Entrance fees - public swim non-resident = > Age 7
Entrance fees - public swim non-resident < = Age 6
Entrance fees - public swim resident > = Age 7
Entrance fees - public swim < = Age 6
Individual pass
Family pass
$250/27 hr
$20/lane hr weekday/weekends)
Aqua fit tickets 10 for $50
$7/4 -6 hrs
$7/4-6 hrs
$5/4-6 hrs
$5/4-6 hrs
$55/resident and $110 - non-resident (+ ID card if needed)
$110/resident and $250 - non-resident (+ ID card if needed)
Tournament maintenance crew
Non-field facility usage
Athletic practice facility/field reservation change gee
Swim lessons - coach/train
Swim lessons - private
Swim lessons - semi-private
Swim lessons - public
Swim lessons - duo - private
$40/hr/staff member
$250/4 hrs + $50/additional hr
$5
Aquatic Park
$35 for 1/2 hr (non-resident $55 for 1/2 hr)
$230 for 4 hrs (non-resident $255)
$110/4 hr (non-resident - $135/4 hr)
$65/4 hr (non-resident - $90/4 hr)
$345/4 hr (non-resident $370/4 hr)
Five Star softball (full)
Five Star soccer (full)
Five Star soccer (partial)
Five Star soccer (overflow)
Five Star split field (mult. playing surfaces on 1 field)
Five Star league play (non co-sponsored)
Practice field lit
Practice field unlit
Soccer net installation
$780/day - complex rental fee (3 fields)
$1,800/day - complex rental fee (8 fields)
$1,560/day - complex rental fee (6 fields)
$200/field/day (baseball outfields)
1 - $110/day; 2 - $225/day; 3 or more - $338/day
$35/game (no minimum)
$275/field/day
$225/field/day
$30/field
Adult cornhole
Adult volleyball
Facility rentals - Usage user fee co-sponsored
Practice rental rates - co-sponsored
Practice rental rates - resident non-co-sponsored
Practice rental rates - non-resident non-co-sponsored
Five Star Baseball
Five Star baseball (partial)
$5/person/season - Resident
$20/person/season - Non-Resident
$10/hr for unlit - $15/hr for lit
$20/hr for unlit - $30/hr for lit
$26/hr for unlit - $36/hr for lit
$1,800/day - complex rental fee (7 fields)
$1,300/day - complex rental fee (5 fields)
Youth basketball - Winter
Youth basketball - Summer
Youth basketball - Miniball
Youth volleyball
Youth flag football
Adult softball
Adult kickball
Adult basketball
Standard Pavilion Rental (Perryman, Slay/Baker, Ridgepoint, Dave Cowan, Bill Allen & Friendship
Court Rentals:
Basketball court rental
Volleyball court rental
Amphitheater Rental
Youth sports user fees
Gym rental
Activity room rental
Recreation Center building rental
Activity room rental
(Municipal Building located at 6303 Main Street)
Premium Pavilion Rental (Kids Colony, Lions Club)
$60/hr - Resident - $80/hr - Non-Resident
$50/hr - Resident - $70/hr - Non-Resident
$80/hr - Resident - $100/hr - Non-Resident
$30/hr - Resident - $50/hr - Non-Resident
$50/hr - Resident - $70/hr - Non-Resident
Meeting room rental fee:
Parks
Pavilion Rentals:
$75/5 hrs - Resident - $150/5 hrs - Non-Resident
$50/5 hrs - Resident - $100/5 hrs - Non-Resident
1/2 court = $15/hr - full court @ $25/hr
full court @ $25/hr
Kidz Kamp - summer sessions (base)
Kidz Kamp - holiday sessions (base)
Gym rental - 1/2 court
Gym rental - Full court
193
Non-resident rental rates:
Daddy Daughter Dance:
Kids Chase by the Lake:
Spring Eggstravaganza:
Liberty By The Lake:
Mother and Son Adventure Day
Family Fright Night:
American Heroes
$15
$50
$90
$15/hr
$25/hr
SPECIAL EVENTS FUND
Special Events Revenues
$40
$15
$12
$10
$9
$5
$10
$35
VIP 1 day
VIP 2 day
Advance tickets
Day of event tickets
Per couple
Additional child
Volleyball court rental
Per couple
Additional child
1st child
2nd child
3rd child
Annual Pass - Senior Resident - first car
Annual Pass - Senior Non-Resident - first car
Disabled Veteran (with proof)
RV sites (includes entry)
Tent sites (includes entry)
Pavilion rental
Pavillion rental cleanup deposit
Pavilion rental entry
Basketball 1/2 court rental
Campsite late checkout fee
Pavilion rental (5 hour block)
$10
$40
Free
$35/Resident - $45/Non-Resident
$25/night
$150/Resident - $250/Non-Resident
$250
51 + cars = $10/car
$25/hr
$100/Resident - $200/Non-Resident
TCPARD Site Supervisor for Rental
TCPARD Custodial for Rental *(not always applicable)
TCPARD Athletic Field Prep (if necessary)
TCPARD Life Guard (number to be determined based on rental specifics)
Daily Pass - Resident
Daily Pass - Non-Resident
Annual Pass - Resident - first car
Annual Pass - Non-Resident - first car
$20/hr
$20/hr
$30/hr
$15/guard/hr
LAKE PARKS FUND
Stewart Creek Park Revenues
$15
$15
$40
$75
Outdoor Basketball Court
Outdoor Volleyball Court
Practice Field
Five Star Field
Five Star Trail/Common Area/Parking Lot
Stewart Creek Park Amenities
Aquatic Park (per pool)
Community Center - Large Room
Community Center - Meeting Room
$5/hr
$5/hr
$10/hr
$20/hr
$20/hr
$20/amenity/hr
$20/hr
$10/hr
$5/hr
(50 people maximum)
Activity room without kitchen (1/2 of large room)
(50 people maximum)
Recreation Center 1/2 Gym
Recreation Center Full Gym
Recreation Center Activity Room
Recreation Center Racquetball Court
Park Pavilion
$55/hr each additional hr
$175 for first 3 hrs
$50/hr each additional hr
LISD Joint Use Fees
$5/hr
$10/hr
$5/hr
$5/hr
$5/hr
Activity room without kitchen (1/2 of large room)
(50 people maximum)
Small meeting (20 people maximum)
Large activity room with kitchen
(100 people maximum)
Large activity room without kitchen
(100 people maximum)
Activity room with kitchen (1/2 of large room)
$140 for first 3 hrs
$40/hr each additional hr
$30/hr
$290 for first 3 hrs
$70/hr each additional hr
$250 for first 3 hrs
$70/hr each additional hr
$190 for first 3 hrs
Trip reservation fee up to 100 miles
Trip reservation fee up to 150 miles
Resident rental rates:
Large activity room with kitchen
(100 people maximum)
Large activity room without kitchen
(100 people maximum)
Activity room with kitchen (1/2 of large room)
(50 people maximum)
$8/trip
$10/trip
$240 for first 3 hrs
$60/hr each additional hr
$200 for first 3 hrs
$60/hr each additional hr
$155 for first 3 hrs
$45/hr each additional hr
Resident rate
Non-resident rate
Trip reservation fee up to 50 miles
Day Pass
Community Center
Membership for Seniors:
$10/yr
$20/yr
$2
$6/trip
194
4 x $.05 x SF
Savannah
1 x $.08 x SF
2 x $.08 x SF
3 x $.08 x SF
4 x $.08 x SF
UTILITY FUND
Utility Fees
$20
See attached water rate schedule
See attached sewer rate schedule
Water & Sewer dollar amount reduced by 10% (enrollment required)
$2.92/mo
$4.00/mo for each account - residential
$5.00/ERU/mo for each account - non-residential
$20
$50
PARKS FUND
Exhibit B Fee Schedule
Poor
Vegetation/Habitat Conditions (3:1 to 6:1)
Woodlands
1 x $.012 x SF
2 x $.012 x SF
3 x $.012 x SF
4 x $.012 x SF
Grasslands
1 x $.05 x SF
2 x $.05 x SF
3 x $.05 x SF
(522 - 528)
(528 - 530.8)
(530.8 - 535.2)
Vegetation/Habitat
Conditions using the Corps PEA Flood Elevations
Excellent
Vegetation/Habitat Conditions
3 x $.012 x SF
4 x $.012 x SF
5 x $.012 x SF
6 x $.012 x SF
3 x $.05 x SF
4 x $.05 x SF
5 x $.05 x SF
6 x $.05 x SF
3 x $.08 x SF
(522 - 528)
(528 - 530.8)
(530.8 - 535.2)
Commercial master meter surcharge
Hydrant meter deposit - water
NSF checks
Penalties - late payment
Delinquent accounts
Online or Automated Phone payment for Utility account
Set meter trip charge for ill-equipped area
Same day connection fee
Missed reading fee
$12.47/unit (after first unit)
$1,850
$25
$0
Extension agreements available prior to day of disconnect. If extension agreement is
failed, no further extensions for a period of 12 months. Cash/Credit/Money Order Only
$1.25/transaction
$20
$20
$30
Disconnect fees - after hours
Transfer fees
Administration fees (e.g. credit references, research on their accounts
Check for leaks - allowed 3 free checks for a 6 month period, thereafter $25 each check
Residential deposit water & sanitation for homeowners
Residential deposit water & sanitation for renters
Residential deposit water & sanitation for seniors 60 and over
Commercial deposit water & sanitation
Commercial irrigation deposit
$50
$25
$20
$25
$75 or higher based on past history
$150 or higher based on past history
Deposit waived - or higher based on past history
Average of the past 12 months billings of the premises or comparable business,
whichever is higher
$1,000
Connect fee/application fee
Water service
Wastewater service
Veteran and Active Duty Water and Sewer Discount
SRF Loan
Drainage utility fees
Disconnect/reconnect fees
Reconnect fees - after hours
Good
Vegetation/Habitat Conditions
2 x $.012 x SF
3 x $.012 x SF
4 x $.012 x SF
5 x $.012 x SF
2 x $.05 x SF
3 x $.05 x SF
4 x $.05 x SF
5 x $.05 x SF
2 x $.08 x SF
3 x $.08 x SF
4 x $.08 x SF
5 x $.08 x SF
(535.2 537)
(522 - 528)
(528 - 530.8)
(530.8 - 535.2)
(535.2 537)
4 x $.08 x SF
5 x $.08 x SF
6 x $.08 x SF
(535.2 537)≥
≥
≥
≥
≥
≥
195
Revised by: C. De Los Santos 09-2023
Commodity rate (per thousand gallons)
Residential (over 2,000 gal)
Commercial (over 2,000 gal)
7.16
9.65
Rate
34.12
41.47
56.13
92.86
136.91
239.73
386.61
989.72
2,533.64
6,486.13
Meter size (inches
5/8
3/4
1
1 1/2
2
3
4
6
8
10
11.57
2,001 - 15,000
15,001 - 25,000
25,001 - 40,000
40,001 and over
Zone 5 Water Rates
9.31
11.13
11.79
12.80
2,001 - 15,000
15,001 - 25,000
25,001 - 40,000
40,001 and over
SEWER RATES (5% increase)
2023 - 2024
Outside City
8
10
Rate
35.21
46.70
66.18
128.44
214.13
330.86
515.64
1,160.18
2,610.47
5,873.62
Commodity rate (per thousand gallons)
7.97
9.91
10.55
8 1,740.34
25,001 - 40,000 8.32
Meter size (inches Rate
5/8
15,001 - 25,000
8.94
Inside City
15,001 - 25,000 6.63
25,001 - 40,000 7.08
40,001 and over 7.71
10 3,915.77
Commodity rate (per thousand gallons)
2,001 - 15,000 5.31
22.74
3/4 27.61
1 37.41
1 1/2 61.91
7.86
2,001 - 15,000 6.55
40,001 and over
Commercial (over 2,000 gal)6.45
2 91.23
3 159.82
4 257.72
6 659.82
8 1,689.10
10 4,324.11
Commodity rate (per thousand gallons)
Residential (over 2,000 gal)4.78
1 1/2 85.64
2 142.72
3 220.64
4 343.77
6 773.48
1 1/2
2
3
4
6
Inside City
Meter size (inches Rate
5/8 23.47
3/4 31.12
1 44.13
WATER RATES (5% increase)
2023 - 2024
Outside City
Meter size (inches
5/8
3/4
1
196
Page 1
69248
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING RESOLUTION NO. 2022-060,
ADOPTION OF THE MASTER FEE SCHEDULE, AMENDING THE
MASTER FEE SCHEDULE, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS ATTACHMENT “A”; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of The Colony adopted the Master Fee Schedule for Fiscal Year
2022-2023 by Resolution No. 2022-060, passed and approved on the 6th day of September 2022;
and
WHEREAS, the City desires to amend the 2022-2023 Master Fee Schedule, providing
for new fees and fee amendments for the City; and
WHEREAS, after consideration and review, the City Council finds that Resolution No.
2022-060, as amended is the new Master Fee Schedule, which is attached hereto and
incorporated herein as Attachment “A,” be adopted to provide fees for the City of The Colony.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. That Resolution No. 2022-060, as amended by Attachment “A”, be
incorporated as the Master Fee Schedule.
Section 2. That all provisions of any resolution of the City Council of the City of The
Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed,
and all other provisions not in conflict with the provisions of this resolution shall remain in full
force and effect.
Section 3. This Resolution shall become effective on October 1, 2023, from and after its
passage, as the law and charter in such cases provide.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 5TH DAY OF SEPTEMBER 2023.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
197
Page 2
69248
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
__________________________________
Jeffrey L. Moore, City Attorney
198
Agenda Item No:5.6
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Tina Stewart
Submitting Department: Finance
Item Type: Ordinance
Agenda Section:
Subject:
Conduct the first of two public hearings, discuss and consider the City of The Colony Fiscal Year Budget
beginning October 1, 2023 through September 30, 2024; providing for intra and inter departmental fund
transfers; providing that expenditures for said Fiscal Year to be made in accordance with said budget. (Miller)
Suggested Action:
Attachments:
Preliminary Budget.pdf
199
REVISED
Preliminary Budget
2023/2024
September 5, 2023
200
TABLE OF CONTENTS
City Manager’s Message ..................................................................................... 1
General Fund ....................................................................................................... 4
Parks Fund .......................................................................................................... 7
Utility Fund ........................................................................................................... 8
General Debt Service .......................................................................................... 9
Utility Tax Supported Debt ................................................................................. 10
Economic Development Corporation ................................................................. 11
Community Development Corporation ............................................................... 12
TIRZ ONE PID ................................................................................................... 13
Court Security Fund ............................................................................................ 14
Court Technology Fund ...................................................................................... 15
Juvenile Case Manager Fund ............................................................................. 16
Commercial Vehicle Fund .................................................................................. 17
Court Time Payment Fund ................................................................................. 18
Storm Water Utility Fund ..................................................................................... 19
Water/Sewer Impact Fees Fund ........................................................................ 20
Hotel/Motel Tax Fund .......................................................................................... 21
Lake Parks Fund ................................................................................................. 22
Special Events Fund .......................................................................................... 23
Citizen Donation Fund ........................................................................................ 24
Child Safety Fund .............................................................................................. 25
Keep the Colony Beautiful Fund ........................................................................ 26
SLFRF Fund ………………………………………………………………………….. 27
CIP ...................................................................................................................... 28
Debt Management Policies ................................................................................ 31
Financial Management Policies ......................................................................... 46
Investment Policy ............................................................................................... 60
201
Notice of 2023 Tax Year Proposed Tax Rate
The governing body of the City of The Colony has proposed a tax rate of $.6400 per $100 valuation for
adoption. The tax rate will effectively be raised by 12.4% and will raise taxes for maintenance and
operations on a $100,000 home by approximately $70.80.
202
Letter to Mayor and Council
The Honorable Mayor and City Council,
In accordance with Civil Statues of Texas and the City Charter, the annual budget, for the fiscal year
October 1, 2023 through September 30, 2024, is presented for your consideration. The Budget is an
important policy document because it presents in financial terms the overall plan to accomplish the City’s
program of services during the upcoming fiscal year.
2023-2024 budget highlights:
Ad Valorem Taxes are the City’s major revenue source. Total cur rent Ad Valorem Taxes budgeted this year
are $44,946,869 which is a $4.7 million increase from the prior year. The increase is due to an increase in
the City’s tax base of about $800 million, offset by a reduction in the tax rate from 64.5 to 64.00 cents per
$100 dollars of valuation. Approximately $266 million of the increase in tax base came from new
construction, of which about $143.7 million was in TIRZ ONE or TWO. Of the $44.946 million in property
taxes budgeted, $37.5 million is in the General Fund and the remaining $7.4 million in General Fund Debt
Service.
Sales and Mixed beverage Tax receipts budgeted at $12 million, is an increase of $2 million or 20% above
the prior year’s budget.
Franchise fees budgeted at $2.775 million, increased $334k in comparison to prior year.
Licenses and Building Permit Fees budget increased about $811k to $3.063 million due primarily to the
pickup in construction.
General Fund internal service department costs allocated to other Funds are $5,661,461 as compared to
prior year’s allocation of $6,691,461. The allocations to respective Funds are $4,448,630 to Utility, Parks
$1,014,398, and 4A, 4B, Special Events and CVB Funds make up the $178,433 balance.
This budget includes about $29.1 million in enhancements to services. Projects included are $23.475
million in street, alleyway, drainage, and sidewalk reconstruction. $867K in building maintenance, $1.850
million vehicle/heavy equipment replacements, $1.5 million in computers/equipment and enhancements,
and $1.325 million for sewer line projects.
Also included in this budget and supported by operating revenues are employee additions costing $580K.
Included in the position additions are 2 Fleet (Small Engine & Service Scheduler), 2 IT (GIS & Cybersecurity),
2 WWTP (Sanitarian/Pretreatment & Sludge Hauler), Senior Planner, PW Project Manager, and
Community Image Tech.
The budget also includes blended COLA raises of 4% and a 10% increase in health care, costing an
estimated $2.6 million. Both employee additions and raises/health care increases are supported by
operating revenues.
1 of 71 203
Ending Fund balance in the General Fund is maintained at 80 operating days in reserves. 60 operating days
are maintained in Utility and Parks Funds.
Economic incentives have been budgeted in the Economic Development (Type A) Fund to promote new
enterprises and to retain existing business.
To assure a quality community, cultural and leisure activities, and park improvements, funding has been
provided in Special Events, Lake Parks, and CDC (Type B) budgets.
The total adopted operating budget is $110,688,328, excluding transfers out, a 10.7% increase from the
22-23 total operating budget.
Economic Development
The Nebraska Furniture Mart Tax Increment Reinvestment Zone (TIRZ) was established in November of
2011 for a 433-acre $1.5 billion Grandscape development. The Nebraska Furniture Mart store, the
anchor store of the development, opened in early March 2015. In June 2020, Scheels All Sports opened
the largest sporting goods store in the world offering 85 specialty shops and provided our second anchor
store for the development. Numerous restaurants and hotels have also located in the Zone. Portillos’
and LSA Burger opened this past year. Many event-based businesses have opened in the past year,
including The Escape Game and the Red Phone Booth. In the planning stages and starting construction
are Worldsprings, Fritz’s Adventure and 151 Coffee. North of SH 121 in The Colony, Live Oak Logistics
Business Park is nearing completion and currently leasing space. This development is approximately
one-million square feet of industrial and office space. In addition, you will find RifleGear, Texas Road
House and Bubba’s 33 in this same location. Further down 121, also on the North side and across from
the Grandscape development, is Rooms to Go, Chair King and many other restaurants and retailers as
well as Topgolf, numerous hotels, medical office buildings and shopping centers. Business activity in The
Colony has also brought numerous jobs for our residents. The Nebraska Furniture Mart store alone
employs around 1,800 people.
The widening of FM 423 (Main Street) from a 4 lane to a 6 lane and 8 lane divided street was completed
in late 2017 and has significantly increased redevelopment along this vital corridor.
The Tribute, the only remaining sizeable residential development in The Colony, continues to increase
the number of buildable lots. Housing permits have remained strong and are expected to do so for the
next several years.
Quality of Life
The City values quality of life for all its residents. The City’s continued funding of Library and Parks and
Recreation services help to ensure quality programming remains available to the community. Also of high
value is funding for beautification projects to continue to improve the overall aesthetic standard of
landscaped areas.
2 of 71 204
The City remains committed to the upkeep and preservation of trees and recently celebrated its
15th anniversary as a “Tree City USA.” Additionally, the City strives to provide high caliber events that
showcase a commitment to family friendly activities such as Liberty by the Lake, the American Heroes
Festival, and The Colony Summer Kickoff. Looking ahead, the focus will be on further improvements to
public spaces, including development of new pickleball courts, Library expansion, and relocation of
recreation facilities into a multi-generational center.
Future
The City Council and management team want to keep the items below on its radar.
Continually reduce the property tax rate.
Continue funding for the pavement replacement program
Introduce and execute the mill and overlay program
Continued funding of market adjustments for public safety and trade jobs.
Increased maintenance in stormwater drainage channels with the addition of a stormwater
maintenance crew.
Final stage of the WWTP expansion is expected to cost $90 million. Funding will be provided
through utility revenue pledged debt via increased utility fees. The city has over $16 million
in funding currently earmarked for this project.
Strategic Plans
The budget process provides a road map for short-term and long-term needs and aids in the allocation of
limited resources to prioritized services and needs. Each year a Capital Improvement Program is
developed which helps gauge future funding priorities and is the foundation on which annual budgets are
built. Capital needs are projected for each of the five following years to identify service needs and
financing available. Staff helps Council with the challenge of prioritizing and providing efficient and
effective services to the community with current and future available funds.
As a combined effort, the City Manager’s Office, Finance Director, and all departments monitor revenues
and expenditures throughout the year. Appropriate actions are taken to control expenditures, and to
make adjustments when revenues fall short of expectations.
Conclusions
The 2023-2024 budget has been prepared with the assistance of devoted and dedicated employees who
stand ready to accomplish the goals outlined and adopted by the City Council. Under the prudent
leadership of the City Council, we commit our best efforts to e nsure that the needs of our citizens are met
and exceeded!
Troy Powell, City Manager
3 of 71 205
2020-2021 2021-2022 2022-2023 2023-2024
Actual Actual Budget Budget
Current Property Taxes 27,508,267 29,959,076 33,643,953 37,502,544
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 37,607,544
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 53,132,544
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
4 of 71 206
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 59,094,044
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
151,206 153,356 155,031 151,031
244,396 244,432 244,718 244,503
49,610 49,671 50,233 49,985
131,000 131,288 881,000
Transfers In - Parking Lot (CDC)66,091 65,265 123,000
Transfers In - 4B 5 Starr - - - -
Transfers in - KTKB - - - -
TOTAL TRANSFERS 702,303 704,012 1,513,982 505,519
44,671,041 51,109,847 52,862,751 59,599,563
Non-Departmental 8,302,320 8,605,023 11,918,150 13,458,354
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 13,959,064
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 - - 1,089,990 600,000
Raises/Health Care - - 2,257,993 2,600,000
CIP Debt and Cash Items - - 1,579,000 2,500,000
TOTAL EXPENDITURES 44,191,926 47,764,874 57,707,420 64,909,345
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
5 of 71 207
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 1,115,000
Transfer - Special Events 40,000 40,000 40,000 440,000
Transfer - KTB - - - 10,000
Transfer - Utility - - - -
Transfer - Parks Fund 2,831,823 2,831,823 3,201,823 2,810,000
Transfer - Tax Supported Debt Service - - - 7,150,000
Transfer - Trinity North 20,000 20,000 - -
Transfer - G.F. Special Cap - - - -
TOTAL TRANSFER OUT 3,006,823 3,006,823 3,356,823 11,525,000
47,198,749 50,771,697 61,064,243 76,434,345
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) (11,173,321)
21,507,222 28,191,833 26,681,802 15,508,481
21,507,222 28,191,833 26,681,802 15,508,481
192 232 179 80
EXCESS/(DEFICIENCY)
ENDING FUND BALANCE
UNRESERVED FUND BALANCE
Working Days in Fund Balance
BEGINNING FUND BALANCE
TRANSFER OUT
TOTAL EXPENDITURES & TRANSFERS
6 of 71 208
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
7 of 71 209
2020-21 2021-2022 2022-2023 2023-2024
Actual Actual Budget Budget
CHARGES FOR SERVICES
13,237,882 15,875,716 14,594,765 16,000,000
7,774,920 8,289,562 8,571,849 9,000,441
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 25,792,441
TRANSFERS IN
100,000 100,000 100,000 100,000
- - -
- - - -
Transfer - Capital Projects - Water meters - - - -
- - - -
100,000 100,000 100,000 100,000
TOTAL REVENUES & TRANSFERS 22,021,726 25,242,527 24,058,614 25,892,441
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 7,800,000
- - - -
- - -
TOTAL TRANSFERS OUT 7,720,000 - 6,000,000 6,000,000 7,800,000
18,805,140 19,149,708 18,961,381 22,096,036
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) (652,225)
4,527,733 - 5,466,922 5,065,525 4,413,300
69 82 76 61
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
8 of 71 210
2020-2021 2021-2022 2022-2023 2023-2024
Actual Actual Budget Budget
Revenues
8,881,216 9,485,693 6,541,880 7,444,325
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 7,534,325
TOTAL REVENUES & TRANSFERS 17,289,823 22,654,385 6,631,880 7,534,325
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) 43,895
1,949,275 10,070,241 12,044,176 10,781,141
10,070,241 12,044,176 10,781,141 10,825,036
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
9 of 71 211
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 7,800,000
Transfer In - General Fund 7,150,000
Premium - - -
9,025,714 7,055,759 7,056,118 27,038,794
TOTAL REVENUES & TRANSFERS 9,508,638 8,713,336 7,506,118 27,488,794
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) 19,349,552
3,583,686 5,163,648 5,803,508 5,065,438
5,163,648 5,803,508 5,065,438 24,414,990
Current Property Taxes
Delinquent Property Taxes
UTILITY TAX SUPPORTED DEBT
Revenue & Expenditure Projections
Fiscal Year 2023-2024
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Premium
Penalty & Interest
Investment Income
TOTAL REVENUES
TOTAL TRANSFERS IN
TRANSFER OUT
10 of 71 212
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 151,206 153,356 155,031 151,031
Transfer Out - GDSF 244,396 244,432 244,718 244,503
Transfer Out - GDSF 49,610 49,671 50,233 *01 49,985
Transfer Out - UFDS 305,714 305,759 306,118 305,849
TOTAL TRANSFERS OUT 750,926 - 753,218 756,100 751,368
TOTAL EXPENDITURES 2,323,210 2,682,532 4,659,396 7,367,034
OH COST 71,380 71,376 71,380 91,380
EXCESS (DEFICIENCY) 2,174,271 2,588,135 1,269,224 (1,408,414)
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 - 14,761,197
*01
ECONOMIC DEVELOPMENT - TYPE A SALES TAXES
Revenue & Expenditure Projections
Fiscal Year 2023-2024
This is the final payment for this debt series
11 of 71 213
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 *01
Trnsfr Out GDSF (Parking Lot)66,091 65,265 123,000 *01
Trnsfr Out - Parks Fund (Personnel)134,845 134,845 134,845 134,845
Trnsfr Out - Park Improvement - - - - -
TOTAL TRANSFERS OUT 496,936 - 496,398 1,303,845 299,845
TOTAL EXPENDITURES & TRANSFERS 922,363 - 972,446 1,760,566 883,456
OH COST 35,690 35,690 35,692 35,692
3,610,027 3,935,056 4,203,742 5,130,852
2,671,776 6,281,803 10,216,859 14,420,601
6,281,803 10,216,859 14,420,601 19,551,453
*01 This debt was paid off in FY 22/23
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
12 of 71 214
2020-2021 2021-2022 2022-2023 2023-2024
Actual Actual Budget Budget
REVENUES
Assessment 1,672,426 902,327 1,304,422 1,335,447
Interest Income 722 16,553 - -
Misc - - - -
TOTAL REVENUES 1,673,148 918,880 1,304,422 1,335,447
EXPENDITURES
Personnel Services 400,734 703,813 285,166 288,533
Contractual Services 578,215 693,080 701,100 701,000
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 1,187,533
ADDED SUPPLEMENTAL SERVICES - - 136,641 78,903
621,981 (642,586) (62,485) 69,011
749,348 1,371,329 286,290 *01 223,805
1,371,329 728,743 223,805 292,816
*01 Starting with 2023-2024 version of this document, the method in which the ending fund balance is derived for this item is changing to a more dynamic
calculation to bring that number in line with the amount detailed in the City of The Colony Public Improvement District No. 1 Annual Service and Assessment
Plan Update. Prior to FY 23 this calculation was originally calculated as 90/365 day operating balance. Starting in FY 24, the calculation will be based off of a
dynamic snapshot of current expenditures at the start of the budget process and real-time forecasting of expenses that will occur between the snapshot and
the end of the fiscal year. These Changes are reflected in both the 22/23 and the 23/24 budget columns
BEGINNING FUND BALANCE
ENDING FUND BALANCE
TIRZ ONE PID
Revenue & Expenditure Projections
Fiscal Year 2023-2024
EXCESS (DEFICIENCY)
13 of 71 215
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
14 of 71 216
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
15 of 71 217
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
16 of 71 218
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
17 of 71 219
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
18 of 71 220
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
19 of 71 221
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
20 of 71 222
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 1,200,000
Miscellaneous - 1,442 - -
1,044,986 1,044,986 1,000,000 1,200,000
TRANSFERS IN
Transfer from - General Fund 115,000 115,000 115,000 1,115,000
TOTAL TRANSFERS IN 115,000 115,000 115,000 1,115,000
TOTAL REVENUES & TRANSFERS 1,159,986 1,159,986 1,115,000 2,315,000
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) 532,853
1,602,102 381,395 170,412 (432,984)
381,395 170,412 (432,984) 99,869
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
21 of 71 223
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
22 of 71 224
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
40,000 345,000 440,000 440,000
450,000 200,000 200,000 200,000
490,000 545,000 640,000 640,000
TOTAL REVENUES & TRANSFERS 520,204 607,177 670,000 670,000
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) 52,707 4,101
40,921 3,372 (14,733) 37,974
3,372 (14,733) 37,974 42,075
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
23 of 71 225
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
24 of 71 226
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
25 of 71 227
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
26 of 71 228
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 ENDING FUND BALANCE
TOTAL REVENUES
Transfer - Tax Debt Fund
Transfer - Utility Fund
TOTAL EXPENDITURES & TRANSFERS
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
Interest
SLFRF Fund
Revenue & Expenditure Projections
Fiscal Year 2023-2024
SLFRF Revenue
27 of 71 229
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
Fleet 85,000 GPS Telemetry Tracking and Video Camera System
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)
419,002
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 28 of 71 230
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 2,500,000 Mill and Overlay - (Independence, Nash, Chapman, Arbor Glen, Bartlett
Engineering 1,500,000 Residential Alley Reconstruction - Design Service & Construction Cost
Public Works 3,000,000 General Alleyway Reconstruction - Larger Projects
Public Works 1,500,000 General Street Reconstruction - Smaller Projects
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)
23,475,000
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
29,103,338 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 29 of 71 231
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
1,500,000 Set aside for Recreation Center
SUBTOTAL 825 1,500,000
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
4,000,000 GRAND TOTAL for 825
EQUIPMENT/ENHANCEMENTS
VEHICLES
825 FUND
BUILDING
Page 3 of 3 30 of 71 232
i
CITY OF THE COLONY
DEBT MANAGEMENT POLICIES
September 5th, 2023
Prepared by the Finance Department
Confirmed by the City Council on September 5th, 2023
31 of 71 233
ii
DEBT MANAGEMENT POLICIES
Table of Contents
Page No.
I. Purpose Statement 1
II. Responsibility 1
A. Bond Counsel Involvement 2
B. Financial Advisor Involvement
III. Short Term Debt 2
A. General
B. Commercial Paper
C. Line of Credit
IV. Long Term Debt 2
A. General 2
B. Bonds 3
C. Certificates of Obligation
D. Public Property Finance Contractual Obligation
E. Anticipation Notes 4
F. Negotiated versus Competitive Sale versus Private Placement
G. Bidding Parameters 5
H. Bond Elections
V. Refunding 5
VI. Capital Leasing 6
VII. Other Types of Financing 6
VIII. Ratios and Reserves 6
IX. Official Statement 7
A. Responsibility
B. Timing
C. Auditor’s Involvement 8
D. Printing
X. Ratings 8
32 of 71 234
iii
DEBT MANAGEMENT POLICIES
Table of Contents
Page No.
XI. Credit Enhancements 9
XII. Secondary Market Disclosure 9
XIII. Arbitrage Liability Management 10
A. General
B. Responsibility
C. Internal Interim Financing 11
D. Spend-Out Exceptions For Federal Rebate
XIV. Modification to Policies 12
33 of 71 235
1
I. PURPOSE
The Debt Management Policies set forth comprehensive guidelines for the financing of
capital expenditures. It is the objective of the policies that:
1. The City obtains financing only when necessary.
2. The process for identifying the timing and amount of debt or other financing
is as efficient as possible.
3. The most favorable interest rates and lowest costs of issuance are obtained.
4. The City strives to maintain flexibility for future debt issuances.
II. RESPONSIBILITY
The primary responsibility for developing financing recommendations rests with the City
Manager. In developing the recommendations, the City Manager shall be assisted by
the Assistant City Manager and the Finance Director and their responsibilities shall be to:
1. Meet periodically to consider the need for financing and assess progress on
the Capital Improvement Program.
2. Meet as necessary in preparation for financing.
3. Review changes in state and federal legislation.
4. Review annually the provisions of ordinances authorizing issuance of
obligations.
5. Annually review services provided by the Financial Advisor, Bond Counsel,
Paying Agent and other service providers to evaluate the extent and
effectiveness of services provided.
Every February, under the direction of the Assistant City Manager, Departments will
submit Capital Projects for the Capital Improvement Program. The report shall be
prepared by the Finance Director and be based in part on information from the
department directors in the City and shall include a projection of near term financing
needs compared to available resources, an analysis of the impact of contemplated
financings on the property tax rate and user charges, and a financing recommendation.
In developing financing recommendations, city management shall consider the
following:
1. The amount of time proceeds of obligations are expected to remain on hand
and the related carrying cost.
2. The options for interim financing including short term and interfund borrowing,
taking into consideration federal and state reimbursement regulations.
3. The effect of proposed action on the tax rate and user charges.
4. Trends in interest rates.
5. Other factors as appropriate.
34 of 71 236
2
A. Bond Counsel Involvement
The Bond Counsel will issue an opinion as to the legality and tax-exempt status of
any obligations. The City will also seek the advice of Bond Counsel on all other
types of financings and on any other questions involving federal tax or arbitrage
law.
The Bond Counsel is also responsible for the preparation of the ordinance
authorizing issuance of obligations, and all of the closing documents to complete
their sale and delivery, and will perform other services as defined by the contract
approved by the City Council.
B. Financial Advisor Involvement
The City will seek the advice of the Financial Advisor when necessary. The
Financial Advisor will advise on the structuring of obligations to be issued, informs
the City of various options, advise the City as to how choices will impact the
marketability of City obligations and will provide other services as defined by
contract approved by the City Council. Financial Advisor will be able to bid on
any City competitive debt issues if approval is given by the City. The Financial
Advisor will inform the City Manager of significant issues.
III. SHORT TERM DEBT
A. General
When appropriate, the city may consider short-term obligations. Some forms of
short-term obligations can be obtained quicker than long-term obligations and
thus can be used in emergencies until long-term financing can be obtained. In
some cases when the amount of financing required in the immediate future is
relatively small, it may be cheaper for the City to issue a small amount of short-
term obligations to provide for its immediate needs, than to issue a larger amount
of long-term obligations to provide financing for both immediate, and future
needs when the carrying costs of issuing obligations, which are not immediately
needed are taken into account.
The amount of short-term obligations due to mature in a year shall not exceed 5%
of the aggregate principal amount of outstanding long-term debt.
IV. LONG TERM DEBT
A. General
Long-term obligations will not be used for operating purposes, and the life of the
obligations will not exceed the useful life of the projects financed.
35 of 71 237
3
A resolution of intent to issue bonds or other debt obligations authorizing staff to
proceed with preparations shall be presented for the consideration of the City
Council when capital projects are identified. This provision may be waived in the
event of emergencies or other good cause.
Debt service structure will approximate level debt service unless operational
matters dictate otherwise.
The cost of issuance of private activity bonds is usually higher than for
governmental purpose bonds. Consequently, private activity bonds will be issued
only when they will economically benefit the City.
The cost of taxable debt is higher than the cost of tax-exempt debt. However, the
issuance of taxable debt is mandated in some circumstances, and may allow
valuable flexibility in subsequent contracts with users or managers of the
improvement constructed with the bond proceeds. Therefore, the City will usually
issue obligations tax-exempt, but may occasionally issue taxable obligations.
B. Bonds
Long-term general obligation or revenue bonds may be issued to finance
significant capital improvements. If required by state law or charter, an election
will be held to authorize such obligations.
Bonds will have a maximum repayment term of 25 years or less. When
cost/beneficial, and when permitted under applicable ordinances, the City may
consider the use of surety bonds, lines of credit, or similar instruments to satisfy
reserve requirements.
C. Certificates of Obligation
Certificates of Obligation may be issued to finance permanent improvements,
land acquisition, and other public purposes. The life of certificates of obligation
issued to finance equipment shall match to the extent possible the useful life of
the equipment, which is usually three to five years.
Certificate of Obligations will be secured by a tax pledge and/or a revenue
pledge, as required by law and as determined to be in the best interest of the City.
Some revenues are restricted as to the uses for which they may be pledged.
Water and wastewater revenues may be pledged without limit.
D. Public Property Finance Contractual Obligation
Public property finance contractual obligations may be issued to finance the
acquisition of personal property. The life of the contractual obligations issued to
finance personal property shall match the useful life of the personal property.
36 of 71 238
4
E. Anticipation Notes
Anticipation Notes may be used to finance projects or acquisition that could also
be financed with Certificates of Obligation.
Anticipation Notes may be secured and repaid by a pledge of revenue, taxes, a
combination of revenue and taxes or the proceeds of a future debt issue.
Anticipation Notes are authorized by an ordinance adopted by the City.
Anticipation Notes have several restrictions, which include:
1. Anticipation Notes issued for general purposes must mature before the
seventh anniversary of the date the Attorney General approves the
issue.
2. A governing body may not issue Anticipation Notes that are payable
from bond proceeds unless the proposition authorizing the issuance of
the bonds has already been approved by the voters and the
proposition states that anticipation notes may be issued.
F. Negotiated versus Competitive Sale versus Private Placement
When feasible and economical, obligations shall be issued by competitive sale
rather than negotiated sale. A sale may be negotiated when the issue is
predominantly a refunding issue or in other non-routine situations, which require
more flexibility than a competitive sale allows. In addition, market volatility may
necessitate a negotiated sale. Whenever the option exists to offer an issue either
for competitive sale or for negotiated sale, analysis of the options shall be
performed to aid in the decision making process. When a sale is not competitively
bid, the City will participate with the Financial Advisor in the selection of the
underwriter or direct purchaser.
The criteria used to select a winning bidder in a competitive sale shall be the true
interest cost. In a negotiated sale, the underwriter may be selected through a
request for proposals (RFP). The criteria used to select an underwriter in a
negotiated sale should include the following:
1. Overall experience
2. Marketing philosophy
3. Capability
4. Previous experience with the City as managing or co-managing
underwriter
5. Financial Statement
6. Public Finance team and resources
7. Breakdown of underwriter’s discount
a. Management fee – compensation to the underwriter for their
work in structuring the issue.
b. Underwriting fee – compensation to the underwriter for using their
capital to underwrite the bonds.
37 of 71 239
5
c. Average takedown – the portion of the underwriter’s discount
used to pay the sales force.
d. Expenses – administrative costs such as underwriter’s counsel and
administrative fees.
In a negotiated underwriting, the sale will be, to the extent appropriate,
negotiated with a consortium of underwriting firms, to preserve some of the
benefits of competition.
When cost/beneficial, the City may privately place its debt. Since no underwriter
participates in a private placement, it may result in lower cost of issuance. Private
placement is sometimes an option for small issues. The opportunity may be
identified by the Financial Advisor.
G. Bidding Parameters
The notice of sale will be carefully constructed to ensure the best possible bid for
the City, in light of existing market conditions and other prevailing factors.
Parameters to be examined include:
1. Limits between lowest and highest coupons
2. Coupon requirements relative to the yield curve
3. Method of underwriter compensation, discount or
premium coupons
4. Use of true interest cost (TIC) versus net interest cost (NIC)
5. Use of bond insurance
6. Deep discount bonds
7. Variable rate bonds
8. Call provisions
H. Bond Elections
Before a bond election, the City Manager and City Councilmembers will be
provided with competent debt capacity analyses, tax and user fee impact
projections and other information as directed by the City Manager’s Office. The
Bond Counsel and Financial Advisor will provide support during the process.
V. REFUNDING
The City shall consider refunding debt whenever an analysis indicates the potential for
present value savings or the city’s needs to restructure its debt payments.
As a general rule, private activity bonds may be refunded in a current refunding only.
38 of 71 240
6
VI. CAPITAL LEASING
Capital leasing is an option for the acquisition of a piece or package of equipment
costing less than $1,000,000.
Leasing shall not be considered when funds are on hand for the acquisition unless the
interest expense associated with the lease is less than the interest that can be earned by
investing the funds on hand or when other factors such as budget constraints or vendor
responsiveness override the economic consideration.
Whenever a lease is arranged with a private sector entity, a tax-exempt rate shall be
sought. Whenever a lease is arranged with a government or other tax-exempt entity, the
City shall strive to obtain an explicitly defined taxable rate so that the lease will not be
counted in the City’s total annual borrowings subject to arbitrage rebate.
The lease agreements shall permit the City to refinance the lease at no more than
reasonable cost should the City decide to do so. A lease, which can be called at will, is
preferable to one, which can merely be accelerated.
Since the market for lease financings is relatively inefficient, the interest rates available at
any one time may vary widely. Therefore, the City shall attempt to obtain at least three
competitive proposals for any major lease financing. The net present value of
competitive bids shall be compared; taking into account whether payments are in
advance or in arrears, and how frequently, payments are made. The purchase price of
equipment shall be competitively bid as well as the financing cost.
The advice of the City’s Bond Counsel shall be sought in any leasing arrangement and
when federal tax forms 8038 are prepared to ensure that all federal tax laws are obeyed.
The City may consider issuing certificates of participation to finance a very large project.
Care should be taken because financing costs may be greater than for other types of
financing. When possible, the lease agreement will be backed with a tax pledge.
If the City is obligated to make payment, more than a year in the future then the
agreement will probably be considered debt by the State. However, if the payments are
subject to annual appropriation by the City Council, then they may not.
VII. OTHER TYPES OF FINANCING
From time to time, other types of financing may become available. Examples of these
options are debt pools with other entities and low-interest loans from State Agencies such
as the Texas Water Development Board. The Finance Director will prepare a written
analysis of an option, with the advice of the City’s Bond Counsel and Financial Advisor.
VIII. RATIOS AND RESERVES
The portion of the City’s property tax levied for debt service shall not exceed 40% of the
total tax rate levied each year even though the Texas Attorney General’s Office, in its
39 of 71 241
7
review of bonds or other obligations secured by Ad Valorem Taxes, generally imposes a
limit of $1.50 for debt service for cities with a $2.50 maximum tax rate. However, the City
is obligated to levy an Ad Valorem Tax sufficient to provide for the timely payments of its
debt obligations secured by Ad Valorem Taxes.
The City will maintain net revenues equaling to at least 1.10 times the maximum annual
principal and interest requirement and 1.25 times the average annual principal and
interest requirements of all parity bonds outstanding in the Water and Wastewater Fund.
For water and sewer, and other types of revenue bonds, the bond documents will
designate the reserve fund amount if a reserve fund is to be established.
When revenue supported debt is issued, a debt service reserve or similar alternative may
be established. The requirements for and source of the reserve will be determined on a
case-by-case basis.
IX. OFFICIAL STATEMENT
The Official Statement is the disclosure document prepared by or on behalf of the City
for an offering of securities.
A. Responsibility
The preparation of the Official Statement is the responsibility of the Finance
Director with the help of the Financial Advisor. Information for the Official
Statement is gathered from departments/divisions throughout the City.
B. Timing
The Finance Director will begin assembling the information needed to update the
Official Statement before the offering of debt. Audited financial statement
information is expected in March. As soon as it is available, audited financial
statement information and capital budget information will be incorporated.
If the next anticipated bond sale is expected to be more than twelve months after
fiscal year end, then the prior year’s audited financial statement information may
be updated using unaudited figures.
The Financial Advisor shall begin preparing the Official Statement at least eight
weeks prior to an anticipated bond issuance. Subsequent timing will generally be
as follows:
1. The first draft of the preliminary Official Statement takes approximately
2 weeks to create.
2. Copies of the first draft are provided to the City’s Bond Counsel and City
Staff, who will review it for 2 weeks. In the case of a negotiated sale, the
underwriter’s counsel will also be asked for comments.
40 of 71 242
8
3. Comments from reviewers should be submitted during the two-week
review period. About 1 week will be required to make the requested
changes. After they have been made, the Official Statement is either
sent to print or subjected to a second review.
4. During the printing process or the second review, a copy of the draft
Official Statement is sent to the rating agencies for their review.
5. The preliminary Official Statement should be completed and mailed or
electronically distributed to underwriters 2 weeks prior to the bond sale
date. The preliminary document will be titled “preliminary” with red
printed disclosure language and will be called a “red herring”.
6. After interest rates have been accepted by the City Council, the final
Official Statement must be prepared and distributed to the underwriter
within seven business days of the date of sale.
C. Auditor’s Involvement
The City will include a review of its Official Statement in the contract for services
with its external auditor if required.
D. Printing
The Financial Advisor may print the Official Statement for the City.
X. RATINGS
The City’s goal is to maintain or improve its bond ratings. To that end, prudent financial
management policies will be adhered to in all areas.
Full disclosure of operations will be made to the bond rating agencies. The City staff, with
the assistance of the Financial Advisor and Bond Counsel, will prepare the necessary
materials for presentation to the rating agencies.
The City may choose to use Fitch Ratings, Moody’s or Standard and Poor’s. The City shall
maintain a line of communications with those rating agencies (Moody’s, Standard and
Poor’s, or Fitch), informing them of major financial events in the City as they occur. The
Comprehensive Annual Financial Report shall be distributed to the rating agencies after
it has been accepted by the City Council.
The rating agencies will also be notified either by telephone or through written
correspondence when the City begins preparation for a debt issuance. After the initial
contact, a formal ratings application will be prepared and sent along with the draft of
the Official Statement relating to the bond sale to the rating agencies. This application
and related documentation should be sent several weeks prior to the bond sale to give
the rating agencies sufficient time to perform their review.
41 of 71 243
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A personal meeting with representatives of the rating agencies will be scheduled every
few years or whenever a major project is initiated.
XI. CREDIT ENHANCEMENTS
Credit enhancements are mechanisms that guarantee principal and interest payments.
They include bond insurance and a line or letter of credit. Credit enhancement will
usually bring a lower interest rate on debt and a higher rating from the rating agencies,
thus lowering overall costs.
During debt issuance planning, the Financial Advisor will advise the City whether or not a
credit enhancement is cost effective under the circumstances and what type of credit
enhancement, if any, should be purchased. In a negotiated sale, bids will be taken
during the period prior to the pricing of the sale. In a competitive sale, the bidder may
purchase bond insurance if the issue qualifies for bond insurance.
XII. SECONDARY MARKET DISCLOSURE
SEC 15c2-12 regulations became effective July 3, 1995. The new regulation requires
municipal debt issuers to provide specified financial and operating information for fiscal
years beginning on January 1, 1996, or later. The information provided should mirror the
information provided in an official statement at the time of a primary offering.
The annual financial information is to be sent to all Nationally Recognized Municipal
Information Depositories (NRMSIRs) designated by the SEC. Additionally, issuers must
notify the State Information Depositories (SIDs) if one exists.
In addition to the financial and operating information, any material event must be
provided to all NRMSIRs, Municipal Securities Rulemaking Board (MSRB) and to the state
SID’s. Municipal debt issuers will be obligated to provide ongoing disclosure on the status
of the following material events:
1. Principal and interest payment delinquencies
2. Non-payment-related defaults
3. Unscheduled draws on reserves
4. Unscheduled draws on credit enhancements
5. Substitution of credit or liquidity providers, or the failure to perform
6. Adverse tax opinions or events affecting the tax-exempt status of the
security
7. Modifications to rights of security holders
8. Bond calls
9. Defeasances
10. Matters affecting collateral
11. Rating changes
The Finance Director will be designated “Compliance Officer” for disclosure
requirements. Levels of reporting will include:
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1. Notification by certified mail to NRMSIRs, and SID’s of material events, with
copies to the City Council
2. Copies of CAFR and updated tables from the Official Statement to NRMSIRs
and SIDs within six months of fiscal year end.
XIII. ARBITRAGE LIABILITY MANAGEMENT
It is the City’s policy to minimize the cost of arbitrage rebate and yield restrictions while
strictly complying with the law.
A. General
Federal arbitrage legislation is intended to discourage entities from issuing tax-
exempt obligations unnecessarily. In compliance with the spirit of this legislation,
the City will not issue obligations except for identifiable projects with very good
prospects of timely initiation. Obligations will be issued as closely in time as feasible
to the time contracts are expected to be awarded so that they will be spent
quickly.
B. Responsibility
Because of the complexity of arbitrage rebate regulations and the severity of non-
compliance penalties, the advice of Bond Counsel and other qualified experts will
be sought whenever questions about arbitrage rebate regulations arise. The City
contracts outside consultants for arbitrage rebate services.
The Accounting Manager will be responsible for identifying the amount of unspent
debt proceeds including interest which is on hand and will be responsible for
ensuring that, to the extent feasible, the oldest proceeds on hand are spent first.
The consultants will maintain a system for computing and tracking the arbitrage
rebate liability. The consultants will notify the City within 60 days of year-end of the
amount of accrued liability. The consultants will also be responsible for notifying
the City two months in advance of when a rebate of excess arbitrage earnings is
due to the Internal Revenue Service.
The City’s Bond Counsel and Financial Advisor may be requested to review in
advance any arbitrage rebate payments and forms sent to the Internal Revenue
Service.
The expenditure of obligation proceeds will be tracked in the financial accounting
system by type of issue. Investments will be pooled for financial accounting
purposes and may, at the discretion of the Finance Director, be pooled for
investment purposes. When investments of bond proceeds are co-mingled with
other investments, the City shall adhere to the Internal Revenue Service rules on
accounting allocations.
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Arbitrage rebate costs shall be charged as negative interest revenue to the funds
in which the related obligation proceeds were originally deposited.
C. Internal Interim Financing
In order to defer the issuance of obligations, when sufficient non-restricted reserve
funds are on hand, consideration shall be given to appropriating them to provide
interim financing for large construction contracts or parts of contracts. When the
appropriations are subsequently re-financed with proceeds of obligations or other
resources, the non-restricted reserve funds shall be repaid.
When expenditures are reimbursed from debt issuances, applicable state law and
the Internal Revenue Service rules on reimbursements will be complied with so that
the reimbursements may be considered expenditures for arbitrage purposes.
Requirements are in general:
1. The City shall declare its intention to reimburse expenditure with debt
proceeds before paying the expenditure, and will exclude cost of
issuance.
2. Reimbursement bonds must be issued and the reimbursement made
within eighteen months after the expenditure was made or the property
financed by the expenditure was placed in service, whichever is later.
3. The expenditure to be reimbursed must be a capital expenditure.
D. Spend-Out Exceptions For Federal Rebate
Arbitrage rebate regulations provide certain spending exceptions to the
imposition of Federal rebate obligations. One such safe harbor applies to
obligations issued for construction if certain rules are adhered to and the proceeds
are spent within two years. Other such exceptions apply to expenditures of
proceeds within 6 months or eighteen months. These options should be
considered when circumstances indicate the City will with certainty be successful
in achieving a spend-out goal. Such circumstances may include, but are not
limited to the following:
1. Obligations are issued to finance a variety of small construction projects,
not large projects that might be unexpectedly delayed after the
issuance. In addition, project management understands the
requirements and is firmly committed to achieving the spend-out goal.
2. Obligations are issued for a single, large high priority project with a
relatively short construction period and there is a high level of
commitment to speedy completion.
When the two-year spend-out option is elected, debt will be issued for an
estimated one year of expenditures to provide for unexpected delays of up to a
year without incurring penalties.
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The exercise of the spend-out options will always be coordinated with Bond
Counsel and the Financial Advisor. The city shall coordinate with Bond Counsel
and the Financial Advisor regarding the proper elections to be made in
connection therewith.
XIV. MODIFICATIONS TO POLICIES
Management staff will review these policies annually and significant changes may be
made with the approval of the City Manager. Significant policy changes will be
presented to the City Council for confirmation.
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CITY OF THE COLONY
FINANCIAL MANAGEMENT POLICIES
SEPTEMBER 5th, 2023
Prepared by the Finance Department
Confirmed by the City Council on September 5th, 2023
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FINANCIAL MANAGEMENT POLICIES
Table of Contents
Page No.
I. Purpose Statement 1
II. Accounting, Auditing and Financial Reporting 1
A. Accounting
B. Funds
C. External Auditing
D. External Auditors Responsible to City Council
E. External Auditors Rotation 2
F. External Financial Reporting
G. Internal Financial Reporting
III Internal Controls 2
A. Written Procedures
B. Department Managers Responsible
IV. Operating Budget 2
A. Preparation
B. Balanced Budget 3
C. Planning
D. Reporting
E. Control
F. Performance Measures and Productivity Indicators
V. Capital Improvement Program 3
A. Preparation
B. Control
C. Program Planning
D. Alternate Resources
E. Debt Financing 4
F. Street Maintenance
G. Water/Wastewater Main Rehabilitation and Replacement
H. Water and Wastewater Special Projects
I. Reporting
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FINANCIAL MANAGEMENT POLICIES
Table of Contents
Page No.
VI. Revenue Management 4
A. Simplicity
B. Certainty
C. Equity 5
D. Administration
E. Revenue Adequacy
F. Cost/Benefit of Abatement
G. Diversification and Stability
H. Non-recurring Revenues
I. Property Tax Revenues
J. User-Based Fees
K. Impact Fees
L. General and Administrative Charges 6
M. Utility Rates
N. Interest Income
O. Revenue Monitoring
VII. Expenditure Control 6
A. Appropriations
B. Contingency Account Expenditures
C. Purchasing
D. Professional Services
E. Prompt Payment
F. Equipment Financing 7
G. Information Technology
VIII. Asset Management 7
A. Investments
B. Cash Management
C. Fixed Assets and Inventory
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FINANCIAL MANAGEMENT POLICIES
Table of Contents
Page No.
IX. Financial Condition and Reserves 7
A. No Operating Deficits
B. Interfund Loans
C. Operating Reserves 8
D. Risk Management Program 9
E. Loss Financing
F. Enterprise Fund Self-Sufficiency
X. Debt Management 9
A. General
B. Self-Supporting-Debt
C. Analysis of Financing Alternatives
D. Voter Authorization
XI. Staffing and Training 9
A. Adequate Staffing
B. Training
C. Awards, Credentials 10
XII. Grants Financial Management 10
A. Grant Solicitation
B. Responsibility
XIII. Annual Review & Reporting 10
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I. PURPOSE STATEMENT
These policies are developed by the City Manager to guide the Finance Director, and staff
in financial matters. The overriding goal of the Financial Management Policies is to enable
the City to achieve a long-term stable and positive financial condition while conducting
its operations consistent with the council-manager form of government established in the
City Charter. The watchwords of the City’s financial management include integrity,
prudent stewardship, planning, accountability, and full disclosure.
The purpose of the Financial Management Policies is to provide guidelines for the financial
management staff in planning and directing the City’s day-to-day financial affairs and in
developing recommendations to the City Manager.
The scope of the policies spans accounting, auditing, financial reporting, internal controls,
operating and capital budgeting, revenue management, cash management,
expenditure control, and debt management.
II. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING
A. ACCOUNTING – The City’s Assistant Finance Director is responsible for establishing
the chart of accounts, and for properly recording financial transactions.
B. FUNDS - Self-balancing groups of accounts are used to account for City financial
transactions in accordance with generally accepted accounting principles. Each
fund is created for a specific purpose except for the General Fund, which is used to
account for all transactions not accounted for in other funds. Funds are created
and fund names are changed by City Council approval through resolution either
during the year or in the City Council’s approval of the annual operating budget
ordinances.
C. EXTERNAL AUDITING – The City will be audited annually by outside independent
auditors. The auditors must be a CPA firm capable to demonstrate that they have
the breadth and depth of staff to conduct the City’s audit in accordance with
generally accepted auditing standards, generally accepted government auditing
standards, and contractual requirements. The auditors’ report on the City’s
financial statements including federal grants single audit when required, will be
completed within 120 days of the City’s fiscal year end, and the auditors’
management letter will be presented to the City staff within 150 days after the City’s
fiscal year end. An interim management letter will be issued prior to this date if any
materially significant internal control weaknesses are discovered. The City staff and
auditors will jointly review the management letter with the City Council within 60
days of its receipt by the staff.
D. EXTERNAL AUDITORS RESPONSIBLE TO CITY COUNCIL – The external auditors are
accountable to the City Council and will have access to direct communication
with the City Council if the City staff is unresponsive to auditor recommendations or
if the auditors consider such communication necessary to fulfill their legal and
professional responsibilities.
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The City Council may conduct closed session annually with the auditors present
without the presence of City staff. Such meeting shall be conducted in
accordance with the Open Meetings Act.
E. EXTERNAL AUDITOR ROTATION – The City will not require external auditor rotation,
but will circulate requests for proposal for audit services periodically, normally at
five-year intervals.
F. EXTERNAL FINANCIAL REPORTING – The City will prepare and publish a
Comprehensive Annual Financial Report (CAFR). The CAFR will be prepared in
accordance with generally accepted accounting principles, and will be presented
annually to the Government Finance Officers Association (GFOA) for evaluation
and awarding of the Certification of Achievement for Excellence in Financial
Reporting. The CAFR will be published and presented to the City Council within 120
days after the end of the fiscal year. City staffing limitations may preclude such
timely reporting. In such case, the Finance Director will inform the City Manager
and the City Manager will inform the City Council of the delay and the reasons
therefore.
G. INTERNAL FINANCIAL REPORTING - The Finance Department will prepare internal
financial reports sufficient for management to plan, monitor, and control the City’s
financial affairs. Internal financial reporting objectives are addressed throughout
the policies.
III. INTERNAL CONTROLS
A. WRITTEN PROCEDURES – The Finance Director is responsible for
developing citywide written guidelines on accounting, cash handling, and other
financial matters, which will be approved by the City Manager.
The Finance Department will assist department directors as needed in tailoring
these guidelines into detailed written procedures to fit each department’s
requirements.
B. DEPARTMENT MANAGERS RESPONSIBLE – Each department director is responsible
to the City Manager to ensure that good internal controls are followed throughout
his or her department, that all guidelines on accounting and internal controls are
implemented, and that all independent auditor internal control recommendations
are addressed.
IV. OPERATING BUDGET
A. PREPARATION – The City’s “Operating Budget” is the City’s annual financial
operating plan. It consists of governmental and proprietary funds, including the
general obligation and revenue supported Debt Service Funds, but excluding
Capital Projects Funds. The budget is prepared by the Finance Department with
the cooperation of all City departments, and is submitted to the City Manager who
makes any necessary changes and transmits the document to the City Council.
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The preliminary budget should be filed with the City Secretary’s office on or before
July 31st each fiscal year, and presented to the City Council. Thereafter, the final
budget should be enacted by the City Council prior to fiscal year end. The
operating budget shall be submitted to the GFOA annually for evaluation and
awarding of the Award for Distinguished Budget Presentation.
B. BALANCED BUDGET – The operating budgets will be balanced, with current
revenues, and prior year surpluses greater than or equal to current
expenditures/expenses except a rainy day fund reserve of sixty (60) days.
C. PLANNING – The budget process will be coordinated to identify major policy issues
for City Council’s consideration several months prior to the budget
approval date.
D. REPORTING – Periodic financial reports will be prepared to enable the department
directors to manage their budgets and to enable the Finance Department to
monitor and control the budget as authorized by the City Council. Summary
financial reports will be presented to the City Council each month within four weeks
after the month end. Such reports will include current year revenue and
expenditures in comparison to budget and prior year actual revenues and
expenditures.
E. CONTROL – Operating Expenditure Control is addressed in another section of the
Policies.
F. PERFORMANCE MEASURES AND PRODUCTIVITY INDICATORS – Where appropriate,
performance measures and productivity indicators will be used as guidelines and
reviewed for efficiency and effectiveness. This information will be included in the
annual budgeting process.
V. CAPITAL IMPROVEMENT PROGRAM
A. PREPARATION – The City’s Capital Improvement Program will include all capital
projects. The Capital Improvement Plan will be prepared annually on a fiscal year
basis. The Capital Improvement Plan will be reviewed annually by the City Council.
The Capital Improvement Plan will be prepared by the Finance Department with
the involvement of all City departments.
B. CONTROL – All capital project expenditures must be approved by City Council. The
Finance Department must ensure the availability of resources before a capital
project contract is presented by the City Manager to the City Council for approval.
C. PROGRAM PLANNING – The Capital Improvement Plan will include capital
improvements program plans for future years. The planning time frame should
normally be at least five years. The replacement and maintenance for capital items
should also be projected for the next 5 years. Future maintenance and operations
will be fully costed, so that these costs can be considered in the operating budget.
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D. ALTERNATE RESOURCES – Where applicable, assessments, impact fees, or other user-
based fees should be used to fund capital projects, which have a primary benefit
to certain property owners.
E. DEBT FINANCING – Recognizing that debt is usually a more expensive financing
method, alternative financing sources will be explored before debt is issued. When
debt is issued, it will be used to acquire major assets with expected lives, which
equal or exceed the average life of the debt issued. The exceptions to this
requirement are the traditional costs of marketing and issuing the debt, capitalized
labor for design and construction of capital projects, and small component parts
which are attached to major equipment purchases.
F. STREET MAINTENANCE – The City recognizes that deferred street maintenance
increases future capital costs by an estimated 5 to 10 times. Therefore, a portion of
the General Fund Budget and/or debt issuances may be set aside each year to
maintain the quality of streets. The amount will be established annually so that
repairs will be made.
G. WATER/WASTEWATER MAIN REHABILITATION AND REPLACEMENT – The City recognizes
that deferred water/wastewater main rehabilitation and replacement increases
future costs due to loss of potable water from water mains and inflow and infiltration
into wastewater mains. Therefore, to ensure that the rehabilitation and
replacement program is adequately funded, the City may annually appropriate an
amount to provide for a water and wastewater main repair and replacement
program.
H. WATER AND WASTEWATER SPECIAL PROJECTS – A special fund will be maintained for
water and wastewater capital projects. The fund will be funded with operating
surpluses, interest earnings, and transfers from water and wastewater operations.
As soon as practicable, after each fiscal year end when annual operating results
are known, any Water/Wastewater Fund operating surplus in excess of budget
which is not required to meet ending resources requirements, may be transferred to
the Special Projects Fund with the approval of the City Council. The fund will be
used for funding water/wastewater main rehabilitation and replacement, for major
capital outlay, and for unplanned projects.
I. REPORTING – Periodic financial reports will be prepared to enable the department
managers to manage their capital budgets and to enable the Finance Department
to monitor the capital budget as authorized by the City Council.
VI. REVENUE MANAGEMENT
A. SIMPLICITY – The City will strive to keep the revenue system simple, which will result
in a decrease of compliance costs for the taxpayer or service recipient and a
corresponding decrease in avoidance to pay. The City will avoid nuisance taxes,
fees, or charges as revenue sources.
B. CERTAINTY – An understanding of the revenue source increases the reliability of the
revenue system. The City will enact consistent collection policies for its revenues so
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that assurances can be provided that the revenue base will materialize according
to budgets and plans.
C. EQUITY – The City will strive to maintain equity in the revenue system structure. That
is, the City will seek to minimize or eliminate all forms for subsidization between
entities, funds, services, utilities, and customers. However, it is recognized that public
policy decisions may lead to subsidies in certain circumstances, e.g., senior citizen
property tax exemptions or partial property tax abatement.
D. ADMINISTRATION – The benefits of revenue will exceed the cost of producing the
revenue. The cost of collection will be reviewed annually for cost effectiveness.
Where appropriate, the City will use the administrative processes of State or Federal
collection agencies in order to reduce administrative costs.
E. REVENUE ADEQUACY – The City will require that there be a balance in the revenue
system. That is, the revenue base will have the characteristic of fairness and
neutrality as it applies to cost of service, willingness to pay, and ability to pay.
F. COST/BENEFIT OF ABATEMENT – The City will use due caution in the analysis of any
tax, fee, or water and wastewater incentives that are used to encourage
development. Ideally, a cost/benefit (fiscal impact) analysis will be performed as
a part of such analysis.
G. DIVERSIFICATION AND STABILITY – In order to protect the government from
fluctuations in revenue source due to fluctuations in the economy, and variations in
weather, (in the case of water and wastewater), a diversified revenue system will
be maintained.
H. NON-RECURRING REVENUES – One-time revenues will not be used for ongoing
operations. Non-recurring revenues will be used only for non-recurring
expenditures. Care will be taken not to use these revenues for budget balancing
purposes.
I. PROPERTY TAX REVENUES – Property shall be assessed at 100% of the fair market
value as appraised by the Denton Central Appraisal District. Reappraisal and
reassessment shall be done regularly as required by State law.
All delinquent taxes will be aggressively pursued, with delinquents greater than 150
days being turned over to the City Attorney or a private attorney, and a penalty
assessed to compensate the attorney as allowed by state law, and in accordance
with the attorney’s contract.
J. USER-BASED FEES – For services associated with a user fee or charge, the direct and
indirect costs of that service will be offset by a fee where possible. There will be a
periodic review of fees and charges to ensure that fees provide adequate
coverage of costs of services. User charges may be classified as “full cost recovery,”
“partial cost recovery,” and “minimal cost recovery,” based upon City Council
policy.
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K. IMPACT FEES – Impact fees are currently imposed for water, wastewater, roadway,
and drainage in accordance with applicable city ordinances and State Law.
Impact fees will be re-evaluated at least every five years as required by law.
L. GENERAL AND ADMINISTRATIVE CHARGES – A method will be maintained whereby
the General Fund can impose a charge to the enterprise funds or special revenue
funds for general and administrative services (indirect costs), performed on their
behalf. The details will be documented in the annual budget process in the form
of transfers between funds.
M. UTILITY RATES – The City will review utility rates periodically, and if necessary, adopt
new rates that will generate revenues required to fully cover operating
expenditures, meet the legal restrictions of all applicable bond covenants, provide
for an adequate level of working capital needs and debt service requirements. This
policy does not preclude drawing down cash balance to finance current
operations. However, it is best that any extra cash balance be used instead to
finance capital projects.
N. INTEREST INCOME – Interest earned from investment of available monies, whether
pooled or not, will be distributed to the funds in accordance with the average
monthly cash balances.
O. REVENUE MONITORING – Revenues actually received will be regularly compared to
budgeted revenues and variances will be investigated. This process will be
summarized in the appropriate budget report.
VII. EXPENDITURE CONTROL
A. APPROPRIATIONS – The level of budgetary control is the department level in the
General Fund, Parks Fund, and Utility Fund and the fund level in all other funds.
When budget adjustments (i.e., amendments) between departments and/or funds
are necessary, these must be approved by the City Council. Budget appropriation
amendments at lower levels of control shall be made in accordance with the
applicable administrative procedures.
B. CONTINGENCY ACCOUNT EXPENDITURES – The City Council must approve all
contingency account expenditures of $50,000 or more, as discussed under
Purchasing.
C. PURCHASING – All purchases shall be in accordance with the City’s Purchasing
Policies.
D. PROFESSIONAL SERVICES – Professional services will generally be processed through
a request for proposal process, except for smaller contracts. The City Manager may
execute any professional services contract for less than $50,000 provided there is
an appropriation for such contract.
E. PROMPT PAYMENT – All invoices will be paid within 30 days of receipt of goods and
services or receipt of invoices, whichever is later in accordance with the prompt
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payment requirements of state law. Procedures will be used to take advantage of
all purchase discounts where considered cost effective. However, payments will
also be reasonably delayed in order to maximize the City’s investable cash, where
such delay does not violate the agreed upon payment terms.
F. EQUIPMENT FINANCING – Equipment may be financed when the useful life is at least
three years. Vehicles to be replaced are identified and evaluated every year
during the budget process. Depending on available resources, financing may be
made by debt issuance rather than from the General Fund and Utility Fund
accounts.
G. INFORMATION TECHNOLOGY – Certain information technology acquisitions will be
funded in the Information Technology Department’s budget or by debt issuance.
Acquisitions may include all related professional services costs for researching
and/or implementing an information technology project. Lease cost is also an
eligible expense.
VIII. ASSET MANAGEMENT
A. INVESTMENTS – The City’s investment practices will be conducted in accordance
with the City Council approved Investment Policies.
B. CASH MANAGEMENT – The City’s cash flow will be managed to maximize the cash
available to invest. A monthly report is provided by the Finance Director to the
Assistant City Manager for presentation to the City Council.
C. FIXED ASSETS AND INVENTORY – These assets will be reasonably safeguarded and
properly accounted for, and prudently insured.
IX. FINANCIAL CONDITION AND RESERVES
A. NO OPERATING DEFICITS – Current expenditures will be paid with current revenues
and prior year surplus. Deferrals, short-term loans, or one-time sources will be
avoided as budget balance techniques. Reserves will be used only for
emergencies or non-recurring expenditures, except when balances can be
reduced because their levels exceed guideline minimums.
B. INTERFUND LOANS - Non-routine interfund loans shall be made only in emergencies
where other temporary sources of working capital are not available and with the
approval of the City Council. At the time an interfund loan is considered, a plan to
repay it prior to fiscal year end shall also be considered.
A fund will only lend money that it will not need to spend in the immediate future.
A loan may be made from a fund only if the fund has ending resources in excess of
the minimum requirement for the fund. Total interfund loans outstanding from a
fund shall not exceed 15% of the target fund balance for the fund. If any interfund
loan is to be repaid from the proceeds of a future debt issue, a proper
reimbursement resolution will be approved at the time the loan is authorized.
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C. OPERATING RESERVES – in accordance with GASB-54, it is the policy of the City of
The Colony to classify fund balances as Non-spendable, Restricted, Committed,
Assigned, or Unassigned and develop policy for establishment and activity of each
classification. Non-spendable fund balance is (a) not in a spendable form such as
prepaid items or (b) legally or contractually required to be maintained intact as an
endowment. Restricted fund balance consists of amounts that can be spent only
on the specific purposes stipulated by law or by the external providers of those
resources. Committed fund balances are self-imposed limitations set in place prior
to the end of the fiscal year. These amounts can be used only for specific purposes
determined by a formal action of the City Council and require the same level of
formal action to remove the constraint. Assigned fund balance consists of amounts
that are subject to a purpose constraint that represents an intended use established
by the City Council. The purpose of the assignment must be narrower than the
purpose of the General Fund. Additionally, this category is used to reflect the
appropriation of a portion of existing fund balance to eliminate a projected deficit
in the subsequent year’s budget. Unassigned fund balance represents the residual
classification of fund balance and includes all spendable amounts not contained
within other classifications. Restricted, Committed, and Assigned fund balance
expenditures require prior Council approval.
(1) Policy on Committing Funds:
It is the policy of the City of The Colony that fund balance amounts will be
reported as “Committed Fund Balance” only after formal action and approval
by City Council. The action to constrain amounts in such a manner must occur
prior to year-end; however, the actual dollar amount may be determined in a
subsequent period. After approval by the City Council, the amount reported a
Committed Fund Balance cannot be reversed without Council approval.
(2) Policy of Assigning Funds:
Funds that are intended to be used for a specific purpose but have not received
the formal approval by Council may be recorded as Assigned Fund Balance. It
is the policy of the City of The Colony that fund balance amounts will be
reported as “Assigned Fund Balance” only after the City Manager has assigned
those amounts based on intentions for use of the City Council.
(3) Policy on Unassigned General, Parks, and Utility Fund balances:
It is the goal of the City to achieve and maintain an unassigned General Fund,
Parks Fund, and Utility Fund balance equal to 60 days of expenditures. The
required minimum fund balance of 60 days of expenditures is to provide working
capital needs in emergencies. The 60 days fund balance is considered as
committed fund balance in the General Fund and is approved by the City
Council via the resolution adopting this policy. To the extent reasonably
possible, in the event that the General fund balance is drawn down below the
target level, it will be replenished by the following fiscal year.
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(4) Order of fund expenditure
When multiple categories of fund balance are available for expenditure, the
City will first spend the most restricted category of funds. Normally, this will result
in the use of committed, then restricted, and lastly, unassigned fund balances.
Failure to meet these standards will be disclosed to the City Council as soon as the
situation is recognized and a plan to replenish the ending resources over a
reasonable time frame shall be adopted.
D. RISK MANAGEMENT PROGRAM – The City will aggressively pursue every opportunity
to provide for the public’s and City employees’ safety and to manage its risks.
D. LOSS FINANCING – All reasonable options will be investigated to finance losses.
Such options may include risk transfer, insurance, and risk retention.
E. ENTERPRISE FUND SELF-SUFFICIENCY – The City’s enterprise funds resources will be
sufficient to fund operating and capital expenditures. The enterprise funds will pay
(where applicable) their fair share of general and administrative expenses in lieu of
property taxes and/or franchise fees. If an enterprise fund is temporarily unable to
pay all expenses, then the City Council may waive general and administrative
expenses in lieu of property taxes and/or franchise fees until the fund is able to pay
them.
X. DEBT MANAGEMENT
A. GENERAL – The City’s borrowing practices will be conducted in accordance with
the City Council approved Debt Management Policies.
B. SELF-SUPPORTING DEBT - When appropriate, self-supporting revenues will pay debt
services in lieu of tax revenues.
C. ANALYSIS OF FINANCING ALTERNATIVES – The City will explore all financing
alternatives in addition to long-term debt including leasing, grants and other aid,
developer contributions, impact fees, and use of reserves or current monies.
D. VOTER AUTHORIZATION – The City shall obtain voter authorization before issuing
General Obligation Bonds as required by law. In general, voter authorization is not
required for the issuance of Revenue Bonds and Certificates of Obligation.
XI. STAFFING AND TRAINING
A. ADEQUATE STAFFING – Staffing levels will be adequate for the fiscal functions of
the City to function effectively. Workload shedding alternatives will be explored
before adding staff.
B. TRAINING - The City will support the continuing education efforts of all financial staff
including the investment in time and materials for maintaining a current perspective
concerning financial issues. Staff will be held accountable for communicating,
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teaching, and sharing with other staff members all information and training
materials acquired from seminars, conferences, and related education efforts.
C. AWARDS, CREDENTIALS – The City will support efforts and involvements which result
in meeting standards and receiving exemplary recitations on behalf of any of the
City’s fiscal policies, practices, processes, products, and personnel. Staff
certifications may include Certified Public Accountant, Certified Management
Accountant, Certified Internal Auditor, Certified Payroll Professional, Certified
Government Finance Officer, Professional Public Buyer, Certified Cash Manager,
and others as approved by the City Manager upon recommendation of the
Finance Director.
XII. GRANTS FINANCIAL MANAGEMENT
A. GRANT SOLICITATION – The City will stay informed about available grants and will
apply for any, which would be cost/beneficial and meet the City’s objectives.
B. RESPONSIBILITY – Departments will oversee the day to day operations of grant
programs, will monitor performance and compliance, and will also keep Finance
Department contacts informed of significant grant-related plans and activities.
Departments will also report re-estimated annual grant revenues and expenses to
the Finance Department after the second quarter of each year. Finance
Department staff members will serve as liaisons with grantor financial management
personnel, and will keep the book of accounts for all grants.
XIII. ANNUAL REVIEW & REPORTING
A. These Policies will be reviewed administratively by the City Manager at least
annually, and will be presented to the City Council for confirmation of any
significant changes.
B. The Finance Director will report annually to the City Council on compliance with
these policies.
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CITY OF THE COLONY
THE COLONY ECONOMIC DEVELOPMENT CORPORATION
THE COLONY COMMUNITY DEVELOPMENT CORPORATION
INVESTMENT POLICY
September 5th, 2023
Prepared by the Finance Department
Confirmed by the City Council on September 5th, 2023
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THE COLONY INVESTMENT POLICY
TABLE OF CONTENTS
PAGE
I. SCOPE OF POLICY 1
A. Funds Included 1
B. Funds Excluded 1
C. Pooling of Funds 1
D. Additional Requirements 1
II. PRUDENCE 1
III. OBJECTIVES OF POLICY 2
A. Safety 2
B. Liquidity 2
C. Public Trust/Transparency 2
D. Yield 2
IV. RESPONSIBILITY AND CONTROL 3
A. Delegation 3
B. Investment Officers 3
C. Conflicts of Interest 3
D. Disclosure 3
E. Investment Training 3
V. AUTHORIZED INVESTMENTS 4
VI. INVESTMENT REPORTS 4
VII. PORTFOLIO AND INVESTMENT ASSET PARAMETERS 4
A. Bidding Process for Investments 4
B. Maximum Maturities 5
C. Maximum Dollar-Weighted Maturity 5
D. Diversification 5
E. Performance Standards 5
VIII. SELECTION OF DEPOSITORY, BROKER/DEALERS, AND
INVESTMENT ADVISORS 6
A. Depository Solicitation Process 6
B. Insurability 6
C. Investment Advisors 6
IX. COLLATERALIZATION 6
A. Insurance or Collateral Pledged 6
B. Collateral Defined 6
C. Audit of Pledged Collateral 7
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PAGE
X. SAFEKEEPING AND CUSTODY OF INVESTMENT ASSETS 7
XI. MANAGEMENT AND INTERNAL CONTROLS 7
XII. INVESTMENT POLICY ADOPTION 8
XIII. INVESTMENT STRATEGY 8
A. Operating Funds 9
APPENDIX A Authorized Government Pools 9
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THE COLONY INVESTMENT POLICY
I. SCOPE OF POLICY
This Investment Policy shall govern the investment activities of all funds of the City of The Colony,
The Colony Economic Development Corporation, and The Colony Community Development
Corporation (collectively herein referred to as “THE COLONY”), excluding any specific funds cited
hereafter. This Policy serves to satisfy the state statutory requirement to define and adopt a formal
investment policy.
A. FUNDS INCLUDED:
All financial assets of all current funds of THE COLONY and any new funds created in the future,
unless specifically exempted, will be administered in accordance with this Policy. These funds are
accounted for in the City’s Annual Financial Report and may include: General Fund, Enterprise
Funds, Capital Project Funds, Special Revenue Funds, Trust and Agency Funds.
B. FUNDS EXCLUDED:
This Policy excludes Employee Retirement and Pension Funds administered or sponsored by THE
COLONY and excludes bond funds held in trust escrow accounts. THE COLONY will maintain
responsibility for these funds as required by Federal and State law and Charters and Codes.
C. POOLING OF FUNDS:
Except for cash in certain restricted and special funds, THE COLONY will consolidate cash
balances from all funds to optimize potential investment earnings. Investment income will be
allocated to the various funds based on their respective percentage participation and in
accordance with the generally accepted accounting principles.
D. ADDITIONAL REQUIREMENTS:
In addition to this Policy, bond funds (to include capital project, debt service, and reserve funds)
will be managed by the governing debt ordinance and the provisions of the Internal Revenue
Code applicable to the issuance of tax-exempt obligations and the investment of debt
proceeds.
II. PRUDENCE
Investments shall be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the management of their own affairs,
not for speculation, but for investment, considering the probable safety of the capital as well as
the probable income to be derived. The standard of prudence to be used by Investment Officers
shall be the “prudent person” standard and shall be applied in the context of managing an
overall portfolio of funds, rather than a consideration as to the prudence of a single investment.
Investment Officers acting in accordance with written procedures and this Investment Policy and
exercising due diligence shall be relieved of personal responsibility for an individual security’s
credit risk or market price changes, provided deviations from expectations are reported in a
timely fashion to the City Manager, and the City Council, and appropriate action is taken by the
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Investment Officers and their oversight managers to control adverse developments in
accordance with the terms of this Policy.
III. OBJECTIVES OF POLICY
The primary objectives of THE COLONY’s investment program in order of priority shall be
preservation and safety of principal, liquidity, public trust, and yield.
A. SAFETY:
The foremost and primary objective of THE COLONY’s investment program is the preservation and
safety of capital. Each investment transaction will seek first to ensure that capital losses are
avoided, whether the loss occurs from the default of a security or from erosion of market value.
The objectives will be to mitigate credit risk and interest rate risk. To control credit risk, investments
should be limited to the safest types of investments. Financial institutions, broker/dealers and
advisors who serve as intermediaries, shall be pre-qualified by THE COLONY. The credit ratings of
investment pools and individual securities will be monitored to assure compliance with this Policy
and State law.
To control interest rate risk, THE COLONY will structure the investment portfolio so that investments
mature to meet cash requirements for ongoing operations and will regularly monitor marketable
securities. Should an issuer experience a downgrade of its credit rating by a nationally recognized
credit rating agency below the required minimum rating, all prudent measures will be taken to
liquidate the investment.
B. LIQUIDITY:
THE COLONY’s investment portfolio will remain sufficiently liquid to enable THE COLONY to meet
operating requirements that might be reasonably anticipated. Liquidity will be achieved by
maintaining adequate cash equivalent balances, matching investment maturities with
forecasted cash flow funding requirements, and by diversifying maturities. Furthermore, since all
possible cash demands cannot be anticipated, the portfolio, or portions thereof may be placed
in bank accounts, money market mutual funds or local government investment pools, which offer
same day liquidity.
C. PUBLIC TRUST/TRANSPARENCY:
Investment Officers shall seek to act responsibly as the custodians of public trust. Investment
Officers shall avoid any transaction that might impair public confidence in THE COLONY’s ability
to govern effectively. To increase public trust and transparency, the Investment Policy will limit
investments to those easily understood. Investments are limited to money market accounts of
the Depository Bank and local governmental investment pools, and certificates of deposit of up
to 1 year in maturity as described below in section V. Authorized Investments.
D. YIELD:
THE COLONY’s investment portfolio will be designed with the objective of regularly meeting or
exceeding the optimum rate of return of a reasonable benchmark considering the risk, liquidity,
and transparency constraints. Investment Officers will seek to preserve principal, maintain liquidity
levels needed, maintain as much transparency as possible and optimize the yield of these funds.
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However, it is understood that if the yield achieved by THE COLONY is higher than the arbitrage
yield, positive arbitrage income will be rebated to the federal government as required by current
federal regulations.
IV. RESPONSIBILITY AND CONTROL
A. DELEGATION:
The Director of Finance has oversight management responsibility to establish written procedures
and controls for the operation of the investment program, consistent with this Investment Policy.
Such procedures shall include explicit delegation of authority to persons responsible for the daily
cash management operation, execution of investment transactions, overall portfolio
management, and investment reporting. The Director of Finance shall be responsible for all
transactions undertaken, and shall establish a system of controls to regulate the activities of the
Investment Officers.
B. INVESTMENT OFFICERS:
The Director of Finance and Assistant Finance Director are the “Investment Officers” of THE
COLONY. No person shall engage in an investment transaction except as provided under the
terms of this Policy and the procedures established by the Director of Finance.
C. CONFLICTS OF INTEREST:
Investment Officers and employees involved in the investment process will refrain from personal
business activity that could conflict with proper execution and management of the investment
program, or which could impair their ability to make impartial investment decisions. Investment
Officers and employees involved in the investment process shall refrain from undertaking personal
investment transactions with the same individual with whom business is conducted on behalf of
THE COLONY.
D. DISCLOSURE:
Investment Officers shall disclose to the City Manager, City Council, Boards of Directors, and the
Texas Ethics Commission any financial interests in financial institutions or any relationship within the
second degree by affinity or consanguinity to an individual that conducts business with THE
COLONY. All Investment Officers shall further disclose any large personal financial investment
positions that could be related to the performance of THE COLONY’s portfolio. Investment
Officers shall subordinate their personal investment transactions to those of this jurisdiction,
particularly with regard to the timing of purchases and sales.
E. INVESTMENT TRAINING:
In order to ensure qualified and capable investment management, the Director of Finance, the
Assistant Finance Director, and any other Investment Officers shall have a finance, accounting,
or related degree and knowledge of treasury functions. Additionally, Investment Officers must
attend investment training not less than once in a two-year period that begins on the first day of
the fiscal year and consists of two consecutive fiscal years after that date and receive not less
than 10 hours of instruction relating to investment responsibilities. This investment training may be
from educational seminars held by Government Finance Officers Association (GFOA),
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Government Treasurers Organization of Texas (GTOT), Government Finance Officers Association
of Texas (GFOAT), American Institute of Certified Public Accountants (AICPA), University of North
Texas (UNT), North Central Texas Council of Governments (NCTCOG), and Texas Municipal
League (TML). All Investment Officers of THE COLONY shall attend at least one training session
relating to their cash management and investment responsibilities within 12 months after
assuming these duties for THE COLONY. Training must include education in investment controls,
security risks, strategy risks, market risks, and compliance with state investment statutes.
V. AUTHORIZED INVESTMENTS
Funds of THE COLONY may be invested in the following investments, as authorized by Chapter
2256 of the Government Code of the State of Texas, known as the “Public Funds Investment Act”,
and as authorized by this Investment Policy. Investments not specifically listed below are not
authorized:
A. Money Market Mutual Funds of Local Government Joint Investment Pools established and
operating in compliance with the Public Funds Investment Act, and are continuously rated
no lower than AAA-m or an equivalent rating by at least one nationally recognized rating
service, have a dollar-weighted average maturity of 60 days or less, and invest only in
obligations listed in the Public Funds Investment Act.
B. Money Market Deposit accounts with bank depository.
C. Certificates of Deposits that are issued by a state or national bank that has its main office
or branch office in the State of Texas and that a) which are guaranteed or insured by the
Federal Deposit Insurance Corporation, b) are secured in compliance with Section IX
Collateralization, or c) are executed through a depository institution that has its main office
or a branch office in this State that participates in the Certificate of Deposit Account
Registry Service (CDARS) and meet the requirements of the Public Funds Investment Act.
D. Insured Cash Shelter Accounts executed through a trustee bank that has its main office or
a branch office in this State.
Only those investments specifically listed in this Policy are authorized.
VI. INVESTMENT REPORTS
The Director of Finance shall submit quarterly an investment report in compliance with the Public
Funds Investment Act. This report will be prepared in a manner, which will allow THE COLONY to
ascertain whether investment activities during the reporting period have conformed to the
Investment Policy. The report should be provided to the City Council, Boards of Directors, and the
City Manager. The reports shall be formally reviewed at least annually by an independent auditor
in conjunction with the annual audit. The result of the review shall be reported to the City Council
and Boards of Directors by that auditor. The quarterly investment report must be presented within
90 days of the end of the quarter reporting period.
The Director of Finance is responsible for the recording of investment transactions and the
maintenance of the investment records with reconciliation of the accounting records of
investments carried out by the Assistant Finance Director. Information to maintain the investment
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program and the reporting requirements is derived from various sources such as broker/dealer
research reports, newspapers, financial on-line market quotes, communication with
broker/dealers, government investment pools, and financial consulting services.
VII. PORTFOLIO AND INVESTMENT ASSET PARAMETERS
A. BIDDING PROCESS FOR INVESTMENTS:
Investment Officers for THE COLONY shall solicit bids or quotes for certificates of deposit, or other
financial institution deposit accounts either orally, in writing, electronically, or in any combination
of these methods. The Investment Officers will strive to create a competitive pricing environment
for all portfolio transactions.
B. MAXIMUM MATURITIES:
THE COLONY will manage its investments to meet anticipated cash flow requirements. THE
COLONY will not directly invest in certificate of deposits maturing more than one year from the
date of purchase.
C. MAXIMUM DOLLAR-WEIGHTED AVERAGE MATURITY:
The maximum dollar-weighted average maturity based on the stated final maturity, authorized
by this Investment Policy for the composite portfolio of THE COLONY, shall be 9 months.
D. DIVERSIFICATION:
It is the Policy of THE COLONY to diversify its investment portfolios. Assets held in each investment
portfolio shall be diversified to eliminate the risk of loss resulting from concentration of assets in a
specific maturity or specific issuer.
In establishing specific diversification strategies, the following general policies and constraints
shall apply:
1) CD maturities and shall be staggered in a way that protects interest income from the
volatility of interest rates and that avoids undue concentration of assets in a specific
maturity or Institution. Investments shall be selected which provide for stability of income
and adequate liquidity.
E. PERFORMANCE STANDARDS:
The investment portfolio will be managed in accordance with the objectives specified within this
Policy.
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VIII. SELECTION OF DEPOSITORY, BROKER/DEALERS, AND INVESTMENT ADVISORS
A. DEPOSITORY SOLICITATION PROCESS:
Primary depositories shall be selected through THE COLONY’s banking services procurement
process, which shall include a formal request for proposal (RFP) issued not less than every five
years. In selecting primary depositories, the credit worthiness of institutions shall be considered.
No public deposit shall be made except in a qualified public depository as established by state
depository laws.
THE COLONY may also establish agreements with other financial institutions under separate
contract for additional services which are necessary in the administration, collection, investment,
and transfer of municipal funds. Such deposits will only be made after the financial institution has
completed and returned the required written instruments and depository pledge agreements.
B. INSURABILITY:
Banks seeking to establish eligibility for THE COLONY’s deposits, shall submit financial statements,
evidence of federal insurance, and other information as required by the Investment Officers of
THE COLONY.
C. INVESTMENT ADVISORS:
Investment Advisors shall adhere to the spirit, philosophy and specific term of this Policy and shall
advise within the same “Standard of Care”. Selected Investment Advisors must be registered
under the Investment Advisors Act of 1940 or with the State Securities Board. A contract with an
Investment Advisor may not be for a term longer than two years and must be approved by the
City Council, including any renewals or extensions.
IX. COLLATERALIZATION
A. INSURANCE OR COLLATERAL PLEDGED:
Collateralization shall be required on depository bank deposits and certificates of deposit, in
accordance with the “Public Funds Collateral Act” and depository laws. With the exception of
deposits secured with irrevocable letters of credit at 100% of amount, the collateralization level
will not be less than 102% of market value of principal and accrued interest, less any FDIC
insurance. Evidence of the pledged collateral shall be documented by a tri-party custodial or a
master repurchase agreement with the eligible collateral pledged clearly listed in the
agreement. Collateral shall be monitored at least monthly to ensure that the market value of the
securities pledged equals or exceeds the related deposit or investment balance.
B. COLLATERAL DEFINED:
THE COLONY shall only accept, as depository or investment collateral, letters of credit issued by
the FHLB or investments stipulated by the Federal Treasury Office of the Comptroller of the
Currency, Title 12 - Banks and Banking, Paragraph 9.11.
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C. AUDIT OF PLEDGED COLLATERAL:
All collateral shall be subject to verification and audit by the Director of Finance.
X. SAFEKEEPING AND CUSTODY OF INVESTMENT ASSETS
All security transactions, including collateral for repurchase agreements, entered into by THE
COLONY shall be conducted using the delivery vs. payment (DVP) basis. That is, funds shall not
be wired or paid until verification has been made that the correct security has been received by
the safekeeping bank. The safekeeping bank is responsible for matching up instructions from THE
COLONY’s Investment Officers on an investment settlement with what is wired from the
broker/dealer, prior to releasing THE COLONY’s designated funds for a given purchase. The
security shall be held in the name of THE COLONY or held on behalf of THE COLONY in a bank
nominee name. Securities will be held by a third party custodian designated by the Director of
Finance and evidenced by safekeeping receipts. The safekeeping bank’s records shall assure the
notation of THE COLONY’s ownership of or explicit claim on the securities. The original copy of all
safekeeping receipts shall be delivered to THE COLONY. A safekeeping agreement must be in
place, which clearly defines the responsibilities of the safekeeping bank. Wires or ACH
transactions to and from government investment pools, financial institution deposits, and money
market mutual funds are the only exceptions to the DVP method of settlement.
XI. MANAGEMENT AND INTERNAL CONTROLS
The Director of Finance shall establish a system of internal controls which shall be designed to
prevent losses of public funds arising from fraud, employee error, misrepresentation by third
parties, unanticipated changes in financial markets, or imprudent actions by employees or
Investment Officers of THE COLONY.
Controls and managerial emphasis deemed most important that shall be employed where
practical are:
A. Control of collusion.
B. Separation of duties.
C. Separation of transaction authority from accounting and record keeping.
D. Custodian safekeeping receipts records management.
E. Avoidance of bearer-form securities.
F. Clear delegation of authority.
G. Documentation of investment bidding events.
H. Written confirmations from broker/dealers and financial institutions.
I. Reconcilements and comparisons of security receipts with the investment records.
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J. Compliance with investment policies.
K. Accurate and timely investment reports as required by law and this Policy.
L. Validation of investment maturity decisions with supporting cash flow data.
M. Adequate training and development of Investment Officers.
N. Verification of all investment income and security purchase and sell computations.
O. Review of financial condition of all broker/dealers, and depository institutions.
P. Information about market conditions, changes, and trends that require adjustments in
investment strategies.
The above list of internal controls represents only a partial list of a system of internal controls. In
conjunction with the annual audit, a process of independent review by an external auditor shall
be established.
XII. INVESTMENT POLICY ADOPTION
THE COLONY’s Investment Policy shall be adopted by resolution of the City Council and Boards
of Directors. The Policy and general investment strategy statements shall be reviewed on an
annual basis by the City Council and Boards of Directors, and any modifications made thereto
must be approved by them.
XIII. INVESTMENT STRATEGY
Effective investment strategy development coordinates the primary objectives of THE COLONY’s
Investment Policy and cash management procedures. Cash management to increase the
available “investment period” will be employed when necessary to enhance the ability of THE
COLONY to earn interest income. Maturity selections shall be based on cash flow and market
conditions to take advantage of interest rate cycles. THE COLONY’s portfolio shall be designed
and managed in a manner responsive to the public trust and consistent with the Investment
Policy.
Each major fund type has varying cash flow requirements and liquidity needs. Therefore specific
strategies shall be implemented considering the Fund’s unique requirements. THE COLONY funds
shall be analyzed and invested according to the following major fund types:
A. Operating Fund
B. Capital Project Funds and Special Purpose Funds
C. Debt Service Funds
D. Bond Reserve Funds
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OVERALL STRATEGY:
THE COLONY’s basic investment strategy is to utilize investment options that represent suitable
risk/return alternatives for excess operating reserves which are easily understood by the public.
Therefore, investment of excess operating funds shall seek to preserve principal and promote
transparency by restricting authorized investment instruments to those investments which are
easily understood with suitable and limited credit and market risk.
Liquidity will be maintained by utilizing projected cash flow needs to limit investment maturities
and targeting minimum cash balances. Investment marketability will be maintained based on
the fund-type strategies to sufficiently and reasonably assure that investments could be
liquidated prior to the maturity, if cash needs dictate.
THE COLONY shall also diversify its investment portfolio. Whenever practical, assets held in the
investment portfolio shall minimize the risk of loss resulting from concentration of assets in a specific
maturity or specific issuer. THE COLONY will group investment instruments into “fund-type
investment groups.” These groups will reflect similar needs as to maturity limits, diversity, and
liquidity.
THE COLONY funds shall seek to achieve a competitive yield appropriate for each strategy. Yield
objectives shall at all times be subordinate to the objectives of safety, liquidity and transparency.
Tax-exempt debt proceeds shall be invested to optimize the interest earnings retained by THE
COLONY, while at the same time fully complying with all applicable State laws and federal
regulations, including the arbitrage rebate regulations.
A. OPERATING FUNDS:
Operating Funds shall have as their primary objective to assure safety of principal. The secondary
objective is to assure that anticipated cash outflows are matched with adequate investment
liquidity. The secondary objective is to create a portfolio structure, which will experience minimal
volatility during changing economic cycles. Objectives may be accomplished by investing in
money market accounts of the depository bank or government investment pools or bank
certificates of deposits.
APPENDIX A
AUTHORIZED LOCAL GOVERNMENT INVESTMENT POOLS
TEXPOOL/TEXPOOL PRIME (Texas Local Government Investment Pools)
LOGIC (Local Government Investment Cooperative)
TEXASTERM/TEXASDAILY (Local Government Investment Pools)
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Agenda Item No:5.7
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Tina Stewart
Submitting Department: Finance
Item Type: Discussion
Agenda Section:
Subject:
Conduct a public hearing and discuss the proposed 2023-2024 tax rate not to exceed $0.64000 cents per $100
valuation for the taxable value of real and personal property located within the City of The Colony, and announce
that the tax rate will be voted on September 19th, 2023 at 6:30 p.m. at The Colony City Hall, 6800 Main Street.
(Miller)
Suggested Action:
Attachments:
274
Agenda Item No:5.8
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Conduct a public hearing concerning the Public Improvement District Annual Assessment on properties located
within the City of The Colony Public Improvement District No. 1 for the Fiscal Year 2023-24. (Maurina)
Suggested Action:
Attachments:
275
Agenda Item No:5.9
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving an ordinance canceling the November 7, 2023 Place 3 and Place 6 Elections,
and declaring the unopposed candidates to Place 3 and Place 6 elected to office. (Council)
Suggested Action:
Attachments:
Ord. 2023-xxxx Declaring Unopposed Candidates Nov Election.docx
276
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023 - __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, DECLARING THE UNOPPOSED CANDIDATE FOR
PLACE 3 AND PLACE 6 IN THE NOVEMBER 7, 2023 GENERAL
ELECTION ELECTED TO OFFICE; CANCELLING THE GENERAL
ELECTION IN PLACE 3 AND PLACE 6; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the general election for the City of The Colony, Texas (“City”) was called
for November 7, 2023, for the purpose of electing single member district members to the City
Council of the City; and
WHEREAS,the City Secretary has certified in writing that for the General Election there
is no opposed at-large race to appear on the ballot in Place 3 and Place 6, and that no person has
made a declaration of write-in candidacy, and that the candidate for Place 3 and Place 6 City
Council Districts are unopposed for election to office; and
WHEREAS,under these circumstances, Section 2.053 the Texas Election Codeauthorizes
the City Council to declare the candidate elected to office and cancel the election.
NOW, THEREFORE, BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Election of Unopposed Candidates. The following candidate, who is
unopposed in the November 7, 2023 general election, is declared elected to office, and shall be
issued a certificate of election following the time the election would have been canvassed:
Brian Wade, Council Member, Place 3
And
Joel Marks, Council Member, Place 6
SECTION 3: Cancellation of Election. To the extent allowed by law, the November 7,
2023 general election for City Council Place 3 and Place 6 is cancelled, and the City Secretary is
directed to cause a copy of this Ordinance to be posted on Election Day at each polling place that
would have been used in the election.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. The City hereby declares that it would have passed this Ordinance, and each section,
277
subsection, clause and/or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and/or phrases be declared unconstitutional or invalid
SECTION 5: Effective Date.This Ordinance shall become effective immediately upon
its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, THIS 5th DAY OF SEPTEMBER 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
278
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 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 551.071 and 551.087 of the
Texas Government Code to seek legal advice from the city attorney regarding economic development prospect
and Billingsley Development Corporation Agreement, and deliberate commercial or financial information the City
has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business
prospect.
B. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code to seek legal advice from the city attorney regarding utility issues concerning Beach and
Tennis Club HOA.
C. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code to seek legal advice from the city attorney regarding The Colony Economic Development
Corporation and The Colony Community Development Corporation.
D. 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 Secretary.
Suggested Action:
Attachments:
279
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 5, 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 economic development prospect and Billingsley
Development Corporation Agreement, and deliberate commercial or financial information the City has received
from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect.
B. Any action as a result of executive session regarding legal advice from the city attorney regarding utility
issues concerning Beach and Tennis Club HOA.
C. Any action as a result of executive session regarding legal advice from the city attorney regarding The
Colony Economic Development Corporation and The Colony Community Development Corporation.
D. Any action as a result of executive session regarding the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City Secretary.
Suggested Action:
Attachments:
280