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HomeMy WebLinkAboutCity Packets - City Council - 12/05/2023 - RegularAgenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 5 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: December 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: 6 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Megan Charters Submitting Department: Library Item Type: Presentation Agenda Section: Subject: Council to receive a presentation from Library/CVB regarding a special event for the April 8, 2024 total solar eclipse. (Charters/Lanicek) Suggested Action: Attachments: 7 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Brant Shallenburger Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Discuss and provide direction to Staff regarding sale and service of alcohol at Fivestar Park by The Athletic Club. (Shallenburger) Suggested Action: Attachments: 8 Agenda Item No:3.3 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Discuss and receive input on proposed revisions to The Colony's short-term rental ordinance. (Perez) Suggested Action: The attached document is a more refined list of the changes we are proposing to the STR ordinance. Based off of your input from the last workshop on this item, there are a few sections of the draft revisions that I would like to receive further clarification/direction on and those are: What approach we want to incorporate on the parking requirements i.e. limit it to what is available on the property for off street parking, or as a ratio as is found in Arlington’s and this draft that is a ration of two cars to each bedroom of the house. Jeff should also have some additional information on how we approach the minimum stay requirement and the minimum age requirement of 25. The last issue we would like to clarify from Council and Jeff is on the question of establishing a zoning use and/or designating certain areas of the city where STR’s can operate, etc. Staff has a few suggestions on how to approach this if Council should desire to do so and we will share those with you all at the 12/5 meeting. Attachments: short term ordinance revision list.docx 9 Short-term Rental Ordinance Proposed Revision Summary Sec. 8-75. - Definitions. In this article: (1)Advertise means the act of drawing the public’s attention to a short-term rental in order to promote the availability of the residence for use as a short-term rental. Said advertising may be found in any medium, including but not limited to, newspaper, magazine, brochure, website, or mobile application. (2.)Bedroom means the living area(s) of the dwelling unit that is designed and furnished for Sleeping and which has proper egress as required by the International Residential Code. (3.)Consideration means the cost of a hotel or short-term rental room only if the room is ordinarily used for sleeping, and does not include the cost of any food served or personal services rendered to the room or a person in the room unless related to the cleaning and readying of the room for occupancy. (4.)Booking Service means any reservation and/or payment service provided by a person or Entity that facilitates a short-term rental transaction between an Owner and a prospective Occupant, and for which the person or entity collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment services provided for the short-term rental transaction. (5.2) Designated operator means a responsible party who can be contacted regarding immediate concerns and complaints from the public shall mean the operator of a short-term rental facility who resides in Denton County, Texas, and will be present in Denton County and available at all times the rental is in use. (6.)Hosting Platform means a person or entity that participates in the short-term rental business by providing, and collecting or receiving a fee for, Booking Services through which an Owner may offer premises for an occupant on a short-term basis. Hosting Platforms usually, though not necessarily, provide Booking Services through an online platform that allows an Owner to advertise the premises through a website provided by the Hosting Platform and the Hosting Platform conducts a transaction by which potential occupants arrange their use and their payment, whether the would-be occupant pays rent directly to the Owner or to the Hosting Platform. (9.) Occupant -means any individual person living, sleeping or possessing a building, or portion thereof. A person is not required to be paying rent, providing in-kind services, or named in any lease, contract or other legal document to be considered an occupant. 10 Sec 8-86 Operations of short term rental facility (3)Advertising, promoting or allowing of special events prohibited.- Functions such as meetings, receptions, weddings and other social events provided for compensation or held by guests are not permitted as part of the short-term rental facility unless such facility is located in a commercial zoning district. It shall be unlawful for an owner or occupant to advertise or promote a special event, or allow the advertising and promotion of a special event (e.g. banquet, wedding, reception, reunion, bachelor or bachelorette party, concert, or any similar activity that would assemble large numbers of invitees) to be held on the premises. It shall be unlawful for an owner or occupant to allow, suffer or permit a banquet hall or special event as described to be held on the premises. (6.) Parking restrictions.-The maximum amount of motor vehicles allowed at a short-term rental shall be limited to the number of bedrooms located at the short-term rental plus two (2) additional vehicles. It shall be unlawful for an owner or person to permit, allow or advise occupants to park more vehicles on the premises than the available off-street parking spaces, or to suffer or permit parking of vehicles on an unapproved surface. It shall be unlawful for an occupant of a short-term rental, or an owner thereof to allow an occupant, to park or occupy a motor home, recreational vehicle, boat, commercial vehicle, or otherwise prohibited motor vehicle on the premises of a short-term rental. (7.)Minimum stay required.- It shall be unlawful for an owner to rent or lease a short-term rental for a period of less than 24 hours. (8.)Physical conversion of premises prohibited.- It shall be unlawful for an owner or person to convert a garage to living space, remodel, renovate, enlarge or otherwise modify premises to add additional bedrooms for use as a Short-term Rental (9.)It shall be unlawful for an owner or person to pave or otherwise cover pervious soil to create additional on-premise parking without prior approval from the City (10.)Occupants.- It shall be unlawful for an owner, person, or occupant to rent, allow, provide, or advertise, or occupy a property by more than two (2) persons per bedroom, plus two (2) additional persons, when using the premises as a short-term rental. (11.)On premise curfew.- It shall be unlawful for an owner or person to allow the congregation of occupants outside at the premises between the hours of 10:00 p.m. and 9:00 a.m. and make unreasonable noise. (12.)Refuse service requirements.-It shall be unlawful for an owner or occupant to place, or allow to be placed, trash on the premises before 7:00 PM the evening prior to scheduled pickup or on a day not scheduled for pickup by the city’s authorized solid waste transportation vendor and must be removed from the street or alley within 24 hours of service. (13.)Notice to occupants of short-term rentals.- An owner or person operating a short-term rental shall provide a notice of instructions (also known as “host rules”) to occupants staying at the premises in a form developed by the City Administrator. The notice shall instruct the occupants as to all applicable 11 city regulations pertaining to short-term rentals. These include, but are not limited to, occupancy restrictions, limits on parking, trash pickup, prohibitions on special events, limits on amplified sound, and curfew times. (14.) Designated operator or responsible party contact.- An owner must designate the name and contact information of a local designated operator or responsible party who can be contacted regarding immediate concerns and complaints from the public. Said individual must be available to be reached in person or by phone at all times while occupants are on the premises of a short-term rental. If called, a local responsible party must be able to and shall be present at the premises within one (1) hour of call from the City. A local responsible party must be authorized to make decisions regarding the premises and its occupants. A local responsible party may be (6) required to, and shall not refuse to, accept service of citation for any violations on the premises. Acceptance of service shall not act to release owner of any liability under this article. 12 Agenda Item No:3.4 CITY COUNCIL Agenda Item Report Meeting Date: December 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: 13 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: December 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 November 21, 2023. (Stewart) Suggested Action: Attachments: November 21, 2023 DRAFT Minutes.docx 14 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 NOVEMBER 21, 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 21 st day of November 2023, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Councilmember Robyn Holtz, Councilmember Brian Wade, Mayor Pro Tem David Terre, Councilmember Dan Rainey, Councilmember Perry Schrag, Deputy Mayor Pro Tem Joel Marks, Councilmember Present Present Present Present Absent (Personal) Present Present Present And with 7 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:30 p.m. 1.2 Invocation Elder Carel Bekker with First Baptist Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Recognize City Secretary, Tina Stewart, for being elected trustee of the 2024 Texas Municipal Clerk Association's Executive Board. Mayor presented this item to Council. City Secretary, Tina Stewart, expressed appreciation for the recognition. 1.5.1 Items of Community Interest Mayor announced the upcoming Annual Parade of Lights and Holiday in the Park festivities scheduled for December 2, 2023. 2.0 OATH OF OFFICE 2.1 Oath of Office for elected City Council members of Place 3, 4, 5 and 6. 15 City Council – Regular Meeting Agenda November 21, 2023 Page| 2 City Secretary, Tina Stewart, administered the Oath of Office to Brian Wade, Dan Rainey, Perry Schrag and Joel Marks. 3.0 CITIZEN INPUT None. 4.0 WORK SESSION 4.1 Council to provide direction to staff regarding future agenda items. Mayor reminded City Secretary, Tina Stewart, to add consideration of the 2nd meeting in December to the next agenda. 5.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda– Marks; second by Ensweiler, motion carried with all ayes. 5.1 Consider approving City Council Regular Session meeting minutes for November 8, 2023 and Special Session meeting minutes for November 15, 2023. 5.2 Consider approving a resolution authorizing the City Manager to deny CoServ Gas, LTD's requested rate increase. RESOLUTION NO. 2023-095 5.3 Consider approving a resolution authorizing the City Manager to issue a purchase order to Bureau Veritas North America in the amount of $109,000.00 for health plan review and inspections. RESOLUTION NO. 2023-096 5.4 Consider approving a resolution authorizing the City Manager to renew an enterprise GIS license agreement with ESRI for 3 years in the amount of $39,700.00 per year for a total of $119,100.00. RESOLUTION NO. 2023-097 5.5 Consider approving a resolution authorizing the City Manager to issue a purchase order to Galls LLC in the amount of $150,000.00 for the purchase of Police Department uniforms. RESOLUTION NO. 2023-098 16 City Council – Regular Meeting Agenda November 21, 2023 Page| 3 5.6 Consider approving a resolution authorizing the City Manager to accept a bid from Reliable Chevrolet, Richardson, Texas for five (5) replacement Tahoe's and one (1) wrecked replacement Tahoe in the amount of $298,862.54-Contract #23-03- 1008RR. RESOLUTION NO. 2023-099 5.7 Consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement with HALFF Associates, LLC for design services of a segment of the Park Loop Trail (Segment 1A) connecting Squires Drive and Taylor Street in the amount of $98,880.00 to be funded by the Community Development Corporation. RESOLUTION NO. 2023-100 5.8 Consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement with Kimley-Horn And Associates, Inc. to prepare construction plans and specifications for the addition of a ventilated structure to relocate the existing chemical storage and mechanical equipment at The Colony Aquatic Park in the amount of $103,500.00, to be funded by the Community Development Corporation. RESOLUTION NO. 2023-101 6.0 REGULAR AGENDA ITEMS 6.1 Consider approving a resolution authorizing the City Manager to execute a contract with NGU Sports Lighting, LLC for the purchase and installation of LED lights in the amount of $485,000.00 at Turner Soccer Complex to be funded by the Community Development Corporation through the TIPS purchasing cooperative. Parks Development Manager, Calvin Lehmann, provided an overview of this item. Motion to approve– Ensweiler; second by Marks, motion carried with all ayes. RESOLUTION NO. 2023- 102 Executive Session was convened at 6:56 p.m. 7.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). 17 City Council – Regular Meeting Agenda November 21, 2023 Page| 4 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 Manager. C. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to receive legal advice on the Open Meetings Act rules and requirements. Regular Session was reconvened at 7:45 p.m. 8.0 EXECUTIVE SESSION ACTION 8.1 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). Motion to approve incentive for Great Dane Enterprises in the amount of $200,000.00 for site work and infrastructure- Wade; second by Emsweiler, motion carried with all ayes with the exception of Holtz abstaining. B. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. ***ITEM REMOVED FROM AGENDA WITH NO DISCUSSION*** C. Any action as a result of executive session regarding legal advice on the Open Meetings Act rules and requirements. No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 7:47 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 18 City Council – Regular Meeting Agenda November 21, 2023 Page| 5 19 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: Subject: Consider approving Council expenditures for September and October 2023. (Council) Suggested Action: Attachments: 4.2 Council September October Expenditures.pdf 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Ordinance Agenda Section: Subject: Consider approving an ordinance to allow an exception to the Code of Ordinance Section, 6-192, (a) & (b) to allow fireworks at 12:01 a.m. on January 1, 2024 at Grandscape Lifestyle Center, 5752 Grandscape Blvd. (Maurina) Suggested Action: Attachments: SITE MAP - Grandscape - 11.19.2022.pdf Ord. 2023-xxxx Noise Exception - Grandscape.docx 51 52 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023- ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, GRANTING A SPECIAL EXEMPTION FROM THE SOUND ORDINANCE PURSUANT TO SECTION 6-192 OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AUTHORIZING THE USE OF A FIREWORKS DISPLAY AT 12:01 A.M. ON JANUARY 1, 2024, AT GRANDSCAPE LIFESTYLE CENTER, LOCATED AT 5752 GRANDSCAPE BOULEVARD, THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, LMG Ventures LLC, a Texas limited liability company, has requested an exemption to the City’s noise ordinance for the purpose of fireworks display at 12:01 am on January 1, 2024, at Grandscape Lifestyle Center, located at 5752 Grandscape Boulevard, The Colony, Texas (hereinafter referred to as the “Event”); and WHEREAS,Section 6-192(c)(2) of the Code of Ordinances of the City of The Colony, Texas, provides in pertinent part that “[T]he use of any loudspeaker or amplifier or musical instrument in such manner or with such volume, particularly between 10:00 p.m. and 7:00 a.m., that annoys and disturbs persons of ordinary sensibilities in the immediate vicinity thereof; provided, however, that upon application by the user of such devices, the city council may make special exemption or exception to this clause for such time as the city council feels will serve the public welfare;” and WHEREAS,the City Council of the City of The Colony, Texas, finds and determines that it is in the public interest and welfare of the City, consistent with Section 6-192(c)(2) of the Code of Ordinances of the City of The Colony, Texas, to grant a special exemption or exception to LMG Ventures LLC, a Texas limited liability company, for the Event. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1.That the foregoing recitals are hereby found to be true and correct legislative findings of the City of The Colony, Texas, and are fully incorporated into the body of this Ordinance. SECTION 2. That the City Council of the City of The Colony, Texas, finds and determines that it is in the public interest and welfare of the City, consistent with Section 6- 192(c)(2) of the Code of Ordinances of the City of The Colony, Texas, to grant LMG Ventures LLC, a Texas limited liability company, a special exemption or exception for the use the Event. SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining 53 portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 5TH DAY OF DECEMBER, 2023. ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 54 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: Public Safety Dispatch Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to the City of Plano in the amount of $110,160.00 for the yearly recurring fee of the Joint Radio Systems Operations. (Knier) Suggested Action: Suggested action as agreed in Communications System Agreement regarding operation on the PAWM radio system. Attachments: PAWM Radio contract.pdf 3097_001.pdf Res. 2023-xxx PAWN radio system.docx 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 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 THE CITY OF PLANO FOR THE YEARLY RECURRING FEE OF THE JOINT RADIO SYSTEMS OPERATIONS; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to the City of Plano in the amount of $110,160.00 for the yearly recurring fee of the Joint Radio Systems Operations. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.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 DECEMBER 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 73 Agenda Item No:4.5 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: Public Safety Dispatch Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to VoiceProducts, Inc. in the amount of $22,535.00 for a required server upgrade of the current Nice Inform Recording system. (Knier) Suggested Action: •This is a budgeted item. •Public Safety Dispatch currently has VoiceProduct (NICE Inform) access for all radio, administrative, and 911 phone lines. This includes Text to 911. This allows for accurate event reconstructions and auditing. •The existing VoiceProduct software has been in use since 2019 and as of this year, it has reached end of life. •For the existing system, software upgrades and warranty coverage will no longer be available as of January 2024 •The quote includes all requirements to match the system functionality and the amount of analog audio/VoIP devices currently in use •This server upgrade includes all necessary Software and Hardware required for NICE Inform Recording Next Generation Emergency Center Solution as well as the implementation, training of ten (10) PS Dispatch employees, ongoing support, and a one-year warranty. •The setup, decommissioning, and maintenance of a replay workstation for all historical recordings from the existing NICE Recorder is also included in the quote. Attachments: NICE_Evidencentral_Inform.pdf (4).pdf The Colony Public Safety Dispatch NICE DIR Proposal 11-28-23.pdf Res. 2023-xxx VoiceProducts for upgrade.docx 74 75 76 77 78 79 80 81 82 83 84 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 VOICEPRODUCTS, INC. FOR A REQUIRED SERVER UPGRADE FOR THE CURRENT NICE INFORM RECORDING SYSTEM; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to VoiceProducts, Inc. in the amount of $22,535.00 for a required server upgrade of the current Nice Inform Recording System. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.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 DECEMBER 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 85 Agenda Item No:4.6 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: Fire Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County in the amount of $10,000.00 for the City of The Colony to provide fire protection services beginning October 1, 2023 through September 30, 2024. (Thompson) Suggested Action: Attachments: 2023-2024 The Colony Fire.pdf Exhibit A - Fire.pdf Res. 2023-xxx Fire Protection Interlocal Agreement with Denton County.doc 86 2023-2024 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 1 of 6 THE COUNTY OF DENTON § § CITY OF THE COLONY § FIRE DEPARTMENT STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT, which has an effective date of October 1, 2023, is made and entered into by and between Denton County, Texas (“the COUNTY”), and the The Colony Fire Department (“the AGENCY”). WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a non-profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of fire protection services and related services for the benefit of the citizens of the City of The Colony; and WHEREAS, the AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to provisions of the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352, and NOW, THEREFORE, the COUNTY and the AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2023, and ending September 30, 2024. II. SERVICES The services to be rendered in accordance with this Agreement by the AGENCY are the fire protection services normally rendered by the AGENCY to citizens of the City of The Colony in circumstances of emergency, but which services will now be extended to all citizens 87 2023-2024 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 2 of 6 of the COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in “Exhibit A,” attached hereto and incorporated herein by reference. These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement for the common good and benefit and to serve the public convenience and necessity of the citizens of the COUNTY who are not otherwise protected with respect to extinguishment, safety and rescue services. The services to be rendered are as follows: A. The AGENCY shall make available and provide emergency extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the AGENCY. B. The AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as “The Colony” as set out in Exhibit "A". C. The COUNTY agrees that, in the event a fire in the AGENCY's unincorporated designated area which the AGENCY considers to be of an incendiary nature and upon request by the AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. The AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). D. The COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which the AGENCY considers to be of incendiary nature in the AGENCY's incorporated area upon request of the AGENCY. E. The AGENCY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 3900 Morse St., 2nd Floor, Denton, Texas 76208. This form will serve as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated area. The Denton County Fire Marshal shall provide the forms upon request from the AGENCY. F. The AGENCY, in the performance of its duties and responsibilities under this Agreement, shall have the responsibility, within the sole discretion of the officers and employees of the AGENCY, except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of the AGENCY’s equipment and personnel, and the judgment of any such officer or employee as to such matters shall be the final determination. 88 2023-2024 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 3 of 6 The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or his designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement for the mutual benefit of the COUNTY and the AGENCY. III. PERFORMANCE OF SERVICE The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. IV. COMPENSATION The COUNTY agrees to pay to the AGENCY for the full performance of services as provided in this Agreement the sum of $10,000.00, payable upon execution of this Agreement, and further agrees to pay the sum of $700.00 per fire call in the designated unincorporated areas of the COUNTY from October 1, 2023, to September 30, 2024. The COUNTY anticipates the AGENCY to run approximately 0 fire calls for a total funding of $0.00 for fire calls. The total payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated to be $10,000.00. The COUNTY will make no payment to the AGENCY for service provided outside the agreed service district whether by Mutual Aid Agreement or otherwise. The AGENCY understands and agrees that payment by the COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and in conformance with applicable state law. V. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. 89 2023-2024 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 4 of 6 VI. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. VIII. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. IX. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. X. TERMINATION This Agreement may be terminated any time, by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to the termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. 90 2023-2024 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 5 of 6 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XI. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent permitted by law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIII. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XIV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. AUTHORITY The undersigned officer or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties. 91 2023-2024 Interlocal Cooperation Agreement – Fire Protection Services/The Colony Page 6 of 6 XVI. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit “A”. EXECUTED this __________ day of ____________, 20____. Denton County, Texas City of The Colony 1 Courthouse Drive, Suite 3100 4900 Blair Oaks Denton, Texas 762018 The Colony, Texas 75056 By By _____________________________ Andy Eads Name ___________________________ Denton County Judge Title ____________________________ ATTEST: ATTEST: By: _________________________ By: _________________________ Denton County Clerk City Secretary APPROVED AS TO CONTENT: By: Denton County Fire Marshal AUDITOR’S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Agreement. Denton County Auditor 92 Lake Ray Roberts Lake Grapevine Lake Lewisville HILLIARD AIRFIELD COTTONPATCH FIELD SAGEBRUSH FIELD ALLIANCE NORTHWEST REGIONAL AIRPORT PROPWASH AIRFIELD SITTON FIELD CLARKS AIRFIELD LAKEVIEW AIRPORT NORTH DALLAS JETPORT HIDDEN VALLEY AIRPORT CALPASTURE AIRFIELD PALMER AIRFIELD DENTON MUNICIPAL AIRPORT HARTLEE FIELD AIRPORT RICHARDS FIELD AIR COWBOY FIELD IRONEHEAD AIRFIELD SERGEANT AIRFIELD BAR VK AIRFIELD §¨¦BUS35 §¨¦35 §¨¦35W §¨¦35E £¤380 £¤380 £¤287 £¤BUS 377 £¤377 £¤377 £¤77 ¬«289 ¬«288 ÄÄ1171 ÄÄ1171 ÄÄ1173 ÄÄ1190 ÄÄ1192 ÄÄ1384 ÄÄ1385 ÄÄ1385 ÄÄ156 ÄÄ156 ÄÄ156 ÄÄ1830 ÄÄ2153 ÄÄ2164 ÄÄ2181 ÄÄ228 ÄÄ2281 ÄÄ2449 ÄÄ2450 ÄÄ2499 ÄÄ2622 ÄÄ2931 ÄÄ2934 ÄÄ3002 ÄÄ3040 ÄÄ3163 ÄÄ3442 ÄÄ407 ÄÄ407 ÄÄ407 ÄÄ423 ÄÄ423 ÄÄ424 ÄÄ426 ÄÄ428 ÄÄ428 ÄÄ428 ÄÄ455 ÄÄ455 ÄÄ455 ÄÄ51 ÄÄ544 ÄÄ720 Text Text Text Text £¤81 Text ¬«114 ¬«170 ¬«121 ¬«121B ¬«114 ¬«190 Text ÄÄ2499 Wi s e C o u n t y Cooke County Grayson County Co l l i n C o u n t y Tarrant County Dallas County AUFD CAFD CEFD CPFD DFD DLFD DOFD ESD1 FMFD FRFD FWFD GVFD HAFD HVFDJUFD KRFD LCFD LEFD LVFD OPFD PLFD POFD PPFD PRFD ROFD SAFD SOFD TCFD TRFD WLFD Andy Eads - County Judge Ryan Williams - Commissioner Precinct 1 Kevin Falconer - Commissioner Precinct 2 Bobbie J. Mitchell - Commissioner Precinct 3 Dianne Edmondson - Commissioner Precinct 4 Overview Map This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Denton County does not guarantee the correctness or accuracy of any features on this product and assumes no responsibility in connection therewith. This product may be revised at any time without notification to any user. CONTACT INFORMATION LANDMARK MAP: gis.dentoncounty.gov E-MAIL: gis@dentoncounty.gov October 17, 2023 NAD 1983 StatePlane (Zone 5351) Texas North Central Lambert Conformal Conicµ DENTON COUNTY Exhibit A - Fire City Population Denton > 100,000Lewisville 40,000- 100,000 Corinth 10,000- 39,999 Sanger 2,000- 9,999 Ponder < 2,000 RAILROADS STATE HIGHWAY¬«121 FARM TO MARKETÄÄ1171 MAJOR THOROUGHFARES MINOR ROADS AIRPORTS INTERSTATE¨§¦35 U.S. HIGHWAY¡¢377 LAKES & PONDS 1:100,000 County Boundary 93 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - _________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, FOR THE PURPOSE OF PROVIDING FIRE PROTECTION SERVICES TO THE UNINCORPORATED AREAS OF DENTON COUNTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and WHEREAS, the City and County desire to enter into an agreement wherein the City would assist in providing fire protection services to the unincorporated areas of the County; and WHEREAS, the City Council has determined that it would be in the best interest of public health, safety and welfare to enter into the Interlocal Cooperation Agreement with Denton County for the purpose of the City providing fire protection services to the unincorporated areas of Denton County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the Mayor is hereby authorized to execute an Interlocal Cooperation Agreement with Denton County in the amount of $10,000.00 for providing fire protection services to the unincorporated areas of Denton County. 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 DECEMBER 2023. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas 94 ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 95 Agenda Item No:4.7 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: Fire Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County in the amount of $21,159.00 for the City of The Colony to provide emergency medical services beginning October 1, 2023 through September 30, 2024. (Thompson) Suggested Action: Attachments: 2023-2024 The Colony Ambulance.pdf Exhibit A - EMS.pdf Res. 2023-xxx Ambulance Interlocal Agreement with Denton County.doc 96 2023-2024 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 1 of 7 THE COUNTY OF DENTON § § CITY OF THE COLONY § AMBULANCE SERVICES STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT, which has an effective date of October 1, 2023, is made and entered into by and between Denton County, Texas (“the COUNTY”), and the City of The Colony, Texas (“the AGENCY”). WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a municipal corporation, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance services and related services for the benefit of the citizens of the City of The Colony; and WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, the COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY which the AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both the COUNTY and the AGENCY; and WHEREAS, the COUNTY desires to enter into an exclusive agreement with the AGENCY to provide efficient emergency ambulance service; and WHEREAS, the COUNTY desires to expend County funds to defray the expense of establishing, operating and maintaining emergency ambulance services in the County; and 97 2023-2024 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 2 of 7 WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003, and NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2023, and ending on September 30, 2024. II. DEFINITIONS As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to the closest medical facility. B. “Rural area” means any area within the boundaries of the COUNTY, but outside the corporate limits of all incorporated cities, towns and villages within the COUNTY. C. “Urban area” means any area within the corporate limits of an incorporated city, town or village within the COUNTY. D. “Emergency ambulance call” means a response to a request for ambulance service by the personnel of the AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time, but shall be considered as only one call. 98 2023-2024 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 3 of 7 III. SERVICES The services to be rendered under this Agreement by the AGENCY are the ambulance services normally rendered by the AGENCY to citizens of City of The Colony in circumstances of emergency, but which services will now be extended to all citizens of the COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in “Exhibit A,” attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty and responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of the AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or his designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement. IV. PERFORMANCE OF SERVICES The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. 99 2023-2024 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 4 of 7 V. COMPENSATION COUNTY agrees to pay to the AGENCY an estimated fee of $21,159.00 (amount rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .4601 per capita; said sum computes to $20,539.57. 2. A fixed sum of $254.7139 per ambulance transport for an estimated maximum amount of $ 0.00. Said sum is based upon 0 transports made by the AGENCY in fiscal year 2023. 3. A fixed sum based on .83 rural miles in the agreed operating territory; said sum computes to $619.21. The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an “ambulance call” for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, the AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COUNTY. It shall be the responsibility of the AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by the AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VI. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. 100 2023-2024 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 5 of 7 VII. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. IX. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. XI. TERMINATION This Agreement may be terminated at any time by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. 101 2023-2024 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 6 of 7 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations, representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the fullest extent possible. XVI. AUTHORITY The undersigned officer or agents of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. 102 2023-2024 Interlocal Cooperation Agreement-Ambulance Services/The Colony Page 7 of 7 XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit “A”. EXECUTED this __________ day of ____________, 20____. COUNTY: AGENCY: Denton County, Texas City of The Colony 1 Courthouse Drive, Suite 3100 6800 Main Street Denton, Texas 76208 The Colony, Texas 75056 By: By: Andy Eads Name _________________________ Denton County Judge Title __________________________ ATTEST: ATTEST: By:_________________________ By: _________________________ Denton County Clerk City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGALITY: By: By: Denton County Fire Marshal City Attorney AUDITOR’S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Agreement. Denton County Auditor 103 Wi s e C o u n t y Cooke County Grayson County Co l l i n C o u n t y Tarrant County Dallas County Lake Ray Roberts Lake Grapevine Lake Lewisville HILLIARD AIRFIELD COTTONPATCH FIELD SAGEBRUSH FIELD ALLIANCE NORTHWEST REGIONAL AIRPORT PROPWASH AIRFIELD SITTON FIELD CLARKS AIRFIELD LAKEVIEW AIRPORT NORTH DALLAS JETPORT HIDDEN VALLEY AIRPORT CALPASTURE AIRFIELD PALMER AIRFIELD DENTON MUNICIPAL AIRPORT HARTLEE FIELD AIRPORT RICHARDS FIELD AIR COWBOY FIELD IRONEHEAD AIRFIELD SERGEANT AIRFIELD BAR VK AIRFIELD §¨¦BUS35 §¨¦35 §¨¦35W §¨¦35E £¤380 £¤380 £¤287 £¤BUS 377 £¤377 £¤377 £¤77 ¬«289 ¬«288 ÄÄ1171 ÄÄ1171 ÄÄ1173 ÄÄ1190 ÄÄ1192 ÄÄ1384 ÄÄ1385 ÄÄ1385 ÄÄ156 ÄÄ156 ÄÄ156 ÄÄ1830 ÄÄ2153 ÄÄ2164 ÄÄ2181 ÄÄ228 ÄÄ2281 ÄÄ2449 ÄÄ2450 ÄÄ2499 ÄÄ2622 ÄÄ2931 ÄÄ2934 ÄÄ3002 ÄÄ3040 ÄÄ3163 ÄÄ3442 ÄÄ407 ÄÄ407 ÄÄ407 ÄÄ423 ÄÄ423 ÄÄ424 ÄÄ426 ÄÄ428 ÄÄ428 ÄÄ428 ÄÄ455 ÄÄ455 ÄÄ455 ÄÄ51 ÄÄ544 ÄÄ720 Text Text Text Text £¤81 ¬«114 ¬«170 ¬«121 ¬«121B ¬«114 ¬«190 Text ÄÄ2499 Aubrey EMS Carrollton EMS Celina EMS Coppell EMS Dallas EMS Denton EMS ESD 1 EMS Flower Mound EMS Fort Worth EMS Frisco EMS Grapevine EMSHaslet EMS Highland Village EMS Justin EMS Krum EMS Lake Cities EMS Lewisville EMS Little Elm EMS Pilot Point EMS Plano EMS Prosper EMS Roanoke EMS Sanger EMS Southlake EMS The Colony EMS Trophy Club EMS Andy Eads - County Judge Ryan Williams - Commissioner Precinct 1 Kevin Falconer - Commissioner Precinct 2 Bobbie J. Mitchell - Commissioner Precinct 3 Dianne Edmondson - Commissioner Precinct 4 Overview MapThis product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Denton County does not guarantee the correctness or accuracy of any features on this product and assumes no responsibility in connection therewith. This product may be revised at any time without notification to any user. CONTACT INFORMATION LANDMARK MAP: gis.dentoncounty.gov E-MAIL: gis@dentoncounty.gov October 17, 2023 NAD 1983 StatePlane (Zone 5351) Texas North Central Lambert Conformal Conicµ DENTON COUNTY Exhibit A - EMS City Population Denton > 100,000 Lewisville 40,000- 100,000 Corinth 10,000- 39,999 Sanger 2,000- 9,999 Ponder < 2,000 RAILROADS STATE HIGHWAY¬«121 FARM TO MARKETÄÄ1171 MAJOR THOROUGHFARES MINOR ROADS AIRPORTS INTERSTATE¨§¦35 U.S. HIGHWAY¡¢377 LAKES & PONDS 1:100,000 County Boundary 104 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - ________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, FOR THE PURPOSE OF PROVIDING AMBULANCE SERVICES TO THE UNINCORPORATED AREAS OF DENTON COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and WHEREAS, the City and County desire to enter into an agreement wherein the City would assist in providing ambulance services to persons in the unincorporated areas of the County; and WHEREAS, the City Council has determined that it would be in the best interest of public health, safety and welfare to enter into the Interlocal Cooperation Agreement with Denton County for the purpose of the City providing ambulance services to the unincorporated areas of Denton County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the Mayor is hereby authorized to execute an Interlocal Cooperation Agreement with Denton County in the amount of $21,159.00 for providing ambulance services to the unincorporated areas of Denton County. Section 2.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 DECEMBER 2023. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas 105 ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 106 Agenda Item No:4.8 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Scott Thompson Submitting Department: Fire Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to Frazer, Ltd. in the amount of $366,396.00 for the replacement of the 2017 Road Rescue ambulance (Medic 13). (Thompson) Suggested Action: Replacement of 2017 Road Rescue ambulance that is being reassigned to reserve status in the fire department fleet. CIP account 895-670-6630-2455. This unit has been approved for year 2024 CIP budget. Attachments: The Colony Q3483-1 11-22-23.pdf Res. 2023-xxx Frazer LTD Replacement Ambulance.docx 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 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 FRAZER, LTD. FOR THE REPLACEMENT OF THE 2017 ROAD RESCUE AMBULANCE (MEDIC 13); AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Frazer, Ltd. in the amount of $366,396.00 for the replacement of the 2017 Road Rescue ambulance (Medic 13). Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.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 DECEMBER 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 124 Agenda Item No:4.9 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: Public Works/Water Distribution Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to issue a purchase order to Solid Lines in the amount of $300,000.00 for pavement markings for residential and main arterial streets. (Whitt) Suggested Action: Attachments: UTA Inter-Local Agreement_Signed September 2021.pdf UTARL_0000039235_0_SolidLines Contract.pdf Res. 2023-xxx Solid Lines Pavement Markings.docx 125 126 127 128 129 130 131 132 133 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 ISSUE A PURCHASE ORDER TO SOLID LINES FOR PAVEMENT MARKINGS FOR RESIDENTIAL AND MAIN ARTERIAL STREETS; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Solid Lines in the amount of $300,000.00 for pavement markings for residential and main arterial streets. Section 2. That the City Manager and/or his designee are authorized to issue said purchase order. Section 3.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 DECEMBER 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:4.10 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Ordinance Agenda Section: Subject: Consider approving an ordinance budget amendment to fund the City contribution for engineering and construction services to repair Lebanon Road per Denton County Interlocal Cooperative Agreement. (Hartline) Suggested Action: Background: Denton County and the City mutually desire to enter into an Interlocal Cooperation Agreement for the purpose of providing engineering, right-of-way acquisition, utility relocations, storm drainage, and construction to Lebanon Road between the city’s northwest limits to the west end of the roadway, located entirely in the municipal limits of the City and Denton County Commissioner Precinct #2, Denton County and the City both have agreed that the total costs for the work to be performed on Lebanon Road is at an estimated cost of Four Million and No/100 Dollars ($4,000,000.00), whereby Denton County has agreed to make a contribution toward satisfactory completion of the Lebanon Road project, based on available funding, in an amount which shall not exceed Two Million and No/100 Dollars ($2,000,000.00). Staff is requesting that $2,000,000.00 be approved in a budget amendment to allow money to be allocated for this project for the City’s contribution in the Fiscal Year 2023-2024 Budget for the GF Capital Projects Fund. Allocating these funds for Lebanon Road will allow City Staff to proceed with the necessary engineering, right of way allocations, storm drainage and construction services for Lebanon Road during this fiscal budget year. Attachments: Financial Summary Ord. 2023-xxxx Budget Amendment for Lebanon Road.doc 135 FINANCIAL SUMMARY: Are budgeted funds available:  Yes No  Budget Amendment Requested: $2,000,000.00 Source of Funds: Funding will be from the General Fund and will be reimbursed from future 2023/2024 Bond Issuance Total estimated project cost: $2,000,000.00 Engineering and Construction costs Already authorized Yes  No $2,000,000.00 Total estimated costs Cost of recommended budget amendment increase: $ 2,000,000.00 Future additional cost to be contributed by Denton County: $ 2,000,000.00 136 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023 - _________ AMENDING THE FISCAL YEAR 2023-2024 BUDGET AN ORDINANCE AMENDING ORDINANCE 2023-2534, ADOPTING THE FISCAL YEAR 2023-2024 BUDGET OF CITY OF THE COLONY, TEXAS BY REALIGNING BUDGETS AS SET FORTH HEREIN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET FOR GF CAPITAL PROJECTS FUND OF THE CITY OF THE COLONY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, the Council of the City of The Colony is conducting business pursuant to a budget for fiscal year 2023-2024, heretofore previously adopted by Ordinance No. 2023-2534 on the 19th day of September, 2023; and WHEREAS, Section 102.010 of the Texas Local Government Code authorizes the governing body of a municipality to make changes in the budget for municipal purposes; and WHEREAS, the City of The Colony finds it in the best interest of the City to increase the 2023- 24 GF Capital Projects budget by $2,000,000.00 for the purpose of providing engineering, right- of-way acquisition, utility relocations, storm drainage, and construction to Lebanon Road between the city’s northwest limits to the west end of the roadway located entirely in the municipal limits of the City and Denton County Commission Precinct #2. WHEREAS, the City Council has reviewed the budget and has determined that a valid municipal purpose is served by such budget increases and reallocation of funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are incorporated into the body of this Ordinance as if copied herein in their entirety. 137 2 SECTION 2. AMENDMENT AND ADOPTION That the GF Capital Projects budget for the fiscal year ending September 30, 2024 heretofore previously adopted by Ordinance 2023-2534 duly enacted by the City Council of the City of The Colony on the 19th day of September, 2023, be and is hereby amended as set forth herein, which amendment is hereby, in all respects, finally approved and adopted as so changed; and the same shall be hereby filed with the City Secretary of the City of The Colony. SECTION 3. BUDGET INCREASES That the 2023-24 GF Capital Projects budget is to be increased by an amount not to exceed $2,000,000.00. SECTION 4. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the City of The Colony, Texas except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. SECTION 5. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council of The City of The Colony that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should 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, or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of The Colony are expressly saved as to any and all violations of the provisions of any Ordinances affecting budgets, budget approval or adoption, which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such 138 3 Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its date of passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 5TH DAY OF DECEMBER 2023. __________________________________ Richard Boyer, City Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 139 Agenda Item No:4.11 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Robert Kotasek Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to approve an Interlocal Cooperation Agreement with Denton County for engineering and construction services to repair Lebanon Road. (Hartline) Suggested Action: Background: Denton County and the city mutually desire to enter into an Interlocal Cooperation Agreement for the purpose of providing engineering, right-of-way acquisition, utility relocations, storm drainage, and construction to Lebanon Road between the city’s northwest limits to the west end of the roadway, located entirely in the municipal limits of the City and Denton County Commissioner Precinct #2. Denton County and the city both have agreed that the total costs for the work to be performed on Lebanon Road is at an estimated cost of Four Million and No/100 Dollars ($4,000,000.00), whereby Denton County has agreed to make a contribution toward satisfactory completion of the Lebanon Road project, based on available funding, in an amount which shall not exceed Two Million and No/100 Dollars ($2,000,000.00). The city will provide and is approving the remaining Two Million and No/100 Dollars ($2,000,000.00) in funding as their cost share portion of the project with this item. Staff has reviewed the Interlocal Cooperation Agreement with Denton County and recommends approval. Approving this Interlocal Cooperation Agreement will allow city Staff to proceed with the necessary engineering, storm drainage and construction services for Lebanon Road during this fiscal budget year. Attachments: Interlocal Cooperation Agreement with Denton County for Lebanon Road Financial Summary Res. 2023-xxx Engineering Service Interlocal Cooperation Agreement with Denton County.doc 140 ICA, City of The Colony – Lebanon Road Page 1 of 7 THE STATE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY, TEXAS THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, hereinafter “the County”; and the City of The Colony, Texas, a duly organized political subdivision of the State of Texas, hereinafter “the City.” The County and the City are collectively referred to herein as “the Parties.” WHEREAS, the County and the City mutually desire to enter into this Agreement for the purpose of providing engineering, right-of-way acquisition, utility relocations, storm drainage, and construction to Lebanon Road between the city’s northwest limits to the west end of the roadway, located entirely in the municipal limits of the City and Denton County Commissioner Precinct #2, hereinafter “the Project”; and WHEREAS, the estimated cost of completion for the Project is FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00), with the County contribution toward satisfactory completion of the Project in an amount which shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00); and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter “the Act,” provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act, and the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County’s road system, and the Parties are undertaking the Project to facilitate safe travel on an improved roadway; and NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: WITNESSETH: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services in the area of 141 ICA, City of The Colony – Lebanon Road Page 2 of 7 streets, roads, and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall consist of engineering, right-of-way acquisition, utility relocations, storm drainage, and construction to Lebanon Road between the city’s northwest limits to the west end of the roadway, at an estimated cost of FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00), whereby the County agrees to make a contribution toward satisfactory completion of the Project, based on available funding, in an amount which shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00). The Project is located entirely within the municipal limits of the City and Denton County Commissioner Precinct #2. III. The County hereby agrees to make a contribution toward satisfactory completion of the project in an amount which shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00), provided that any and all funding is approved by formal action of the Denton County Commissioners Court. IV. The City agrees to manage all engineering, right-of-way acquisition, utility relocations, inspections, construction, and maintenance of the Project. The City shall timely provide the County with all invoices and requested documentation in an amount which shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00). V. This exchange of in-kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. VI. As the City proceeds with the completion of the Project, the City shall submit all invoices for reimbursement to the Denton County Auditor, Mr. Jeff May, 1 Courthouse Drive, Suite 2000, Denton, Texas 76208, c/o Mr. John Polster, Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234. The City shall submit invoices on a monthly basis, and the County shall reimburse the City on a pro rata basis for all approved expenses related to the Project within thirty calendar days of receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory 142 ICA, City of The Colony – Lebanon Road Page 3 of 7 completion of the Project, the County and the City shall prepare and complete a full audit of the Project. VII. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City’s representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance, or repair of a street or alley in the County that is located in the City. VIII. This agreement may be terminated in whole, or in part, by the County or the City upon thirty days written notice to the other party. In the event of termination by the County, the County shall pay all approved invoices submitted up to and including the date of termination. IX. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations, and agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Richard Boyer, Mayor City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 Copy To: Ms. Tina Stewart, City Secretary City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 For County: Honorable Andy Eads, Denton County Judge 1 Courthouse Drive, Suite 3100 Denton, Texas 76208 andy.eads@dentoncounty.com holly.sadlowski@dentoncounty.com Copy To: Denton County District Attorney’s Office - Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 john.feldt@dentoncounty.gov cio@dentoncounty.gov 143 ICA, City of The Colony – Lebanon Road Page 4 of 7 X. The covenants, terms, and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. XI. The City agrees and understands that the City, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the County. XII. The City agrees to accept full responsibility for the acts, negligence and omissions of all City employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the City. XIII. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. The undersigned officers and agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVI. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed, and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. 144 ICA, City of The Colony – Lebanon Road Page 5 of 7 Executed this ________ day of _______________________, 2023. DENTON COUNTY, TEXAS CITY OF THE COLONY, TEXAS 1 Courthouse Drive, Suite 3100 6800 Main Street Denton, Texas 76209 The Colony, Texas 75056 By: ______________________________ By:_______________________________ Honorable Andy Eads Honorable Richard Boyer Denton County Judge Mayor of the City of The Colony, Texas Acting by and on behalf of the authority Acting by and on behalf of the authority of the Denton County Commissioners Court of the City of The Colony, Texas ATTEST: ATTEST: By: _____________________________ By: ______________________________ Denton County Clerk City Secretary 145 ICA, City of The Colony – Lebanon Road Page 6 of 7 COUNTY AUDITOR’S CERTIFICATE I hereby certify funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. _________________________________ Denton County Auditor 146 ICA, City of The Colony – Lebanon Road Page 7 of 7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court, hereby gives its specific written approval to the following Project, prior to beginning of the Project in satisfaction of Texas Government Code §791.014. The scope of the Project shall consist of engineering, right-of-way acquisition, utility relocations, storm drainage, and construction to Lebanon Road between the city’s northwest limits to the west end of the roadway, with an estimated cost of completion of FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00). The Project shall be located entirely within the municipal limits of the City of The Colony and Denton County Commissioner Precinct #2. The County hereby agrees to make an initial contribution toward satisfactory completion of the project in an amount which shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00), provided that any and all funding is approved by formal action of the Denton County Commissioners Court. The local governments which requested the Project and with whom the Agreement is by and between are Denton County, Texas, and the City of The Colony, Texas. By vote on the date below, the Denton County Commissioners Court has approved the project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: _______________________________ By: ________________________________ Presiding Officer of the Denton County Commissioners Court 147 FINANCIAL SUMMARY: Are budgeted funds available: Yes Budget Approved: $2,000,000.00 Source of Funds: Funding will be from the General Fund and will be reimbursed from a future 2023/2024 Bond Issuance Total estimated project cost: $2,000,000.00 Engineering and Construction costs Already authorized Yes  No $2,000,000.00 Total estimated costs Cost of recommended budget for the Interlocal Cooperation Agreement: $ 2,000,000.00 Future additional cost to be contributed by Denton County: $ 2,000,000.00 148 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - _________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, FOR ENGINEERING AND CONSTRUCTION SERVICES TO REPAIR LEBANON ROAD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and WHEREAS, the City and County desire to enter into an agreement for the purpose of providing engineering, right-of-way acquisition, utility relocations, storm drainage, and construction to Lebanon Road between the city’s northwest limits to the west end of the roadway, located entirely in the municipal limits of the City and Denton County Commissioner Precinct #2; and WHEREAS, the City Council has determined that it would be in the best interest to enter into the Interlocal Cooperation Agreement with Denton County for engineering and construction services to repair Lebanon Road; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the Mayor is hereby authorized to execute an Interlocal Cooperation Agreement with Denton County for engineering and construction services to Lebanon Road. 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 DECEMBER 2023. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas 149 ATTEST: ___________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 150 Agenda Item No:4.12 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager, Assistant City Manager and/or City Attorney to execute any and all documents necessary to be excluded or opt out from the City of Camden, et al. v. E.I. Dupont de Nemours and Company, et al., lawsuit and City of Camden, et al. v. 3M Company lawsuit. (Miller) Suggested Action: Attachments: The Colony - PFAS Litigation Template Letter to Request Exclusion from DuPont - tsw draft - 112123.docx The Colony - PFAS Affidavit - Troy Powell - 3M Litigation - jlm 112123.docx The Colony - Memo - Mayor and Council re PFAS Settlements - tsw draft - 111923.docx The Colony - PFAS Affidavit - Troy Powell - DuPont Litigation - jlm 112023.docx The Colony - PFAS Litigation Template Letter to Request Exclusion from 3M Class - tsw draft - 112123.docx Res. 2023-xxx Water System Lawsuits-DuPont and 3M.docx 151 November 27, 2023 VIA EMAIL AND UPS OVERNIGHT MAIL In re: Aqueous Film-Forming Foams Products Liability Litigation c/o Notice Administrator 1650 Arch Street, Suite 2210 Philadelphia, PA 19103 PFASSettlement@AngeionGroup.com RE: Request for Exclusion from Settlement Agreement in City of Camden, et al. v. E.I. DuPont de Nemours and Company, et al., Case No. 2:23-cv-03230-RMG (In re: Aqueous Film- Forming Foams Products Liability Litigation, MDL No. 2-18-mn-2873-RMG) Dear Notice Administrator: My name is Troy Powell and I am the City Manager of the City of The Colony, Texas (“City”). The City is a treated water customer of the City of Dallas and the North Texas Municipal Water District (“NTMWD”). Dallas and NTMWD provides treated water to the City for which the City is charged rates and fees; and the City does not own or operate a public water system. The City hereby formally requests to be excluded from the Settlement Agreement in the above- referenced matter. The attached Affidavit provides the pertinent information requested by the Notice of Proposed Class Action and Settlement. The Affidavit further provides that I have the requisite legal authority to make this request on behalf of the City. By this request, the City understands that it will be waiving the ability to participate in the settlement of the above-referenced case, and all benefits and obligations contained therein. If you have any questions about this request for exclusion, please contact the City’s attorney: Jeffrey L. Moore Brown & Hofmeister, L.L.P. 740 E. Campbell Road, Suite 800 Richardson, Texas 75081 214/747- 6100 (Main) 214/747-6111 (Fax) Sincerely, Troy Powell City Manager Attachment: Affidavit in Support of Request for Exclusion 152 Request for Exclusion from Settlement Agreement Page 2 c:Service as required by Settlement Agreement (via electronic mail and overnight courier, delivery confirmation requested): Jeffrey M. Wintner Graham W. Meli Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY 10019 jmwintner@wlrk.com gwmeli@wlrk.com Kevin T. Van Wart Kirkland & Ellis LLP 300 North LaSalle Chicago, IL 60654 kevin.vanwart@kirkland.com Michael T. Reynolds Cravath, Swaine & Moore LLP 825 Eighth Avenue New York, NY 10019 mreynolds@cravath.com Scott Summy Baron & Budd, P.C. 3102 Oak Lawn Ave, Ste. 1100 Dallas, Texas 75219 ssummy@baronbudd.com Michael A. London Douglas & London 59 Maiden Lane, 6th Floor New York, NY 10038 mlondon@douglasandlondon.com Paul J. Napoli Napoli Shkolnik 1302 Av. Ponce de Leon San Juan, Puerto Rico 00907 PNapoli@NSPRLaw.com Elizabeth A. Fegan Fegan Scott LLC 150 S. Wacker Dr, 24th floor Chicago, Il 60606 153 Request for Exclusion from Settlement Agreement Page 3 beth@feganscott.com Joseph F. Rice Motley Rice 28 Bridgeside Blvd. Mount Pleasant, SC 29464 jrice@motleyrice.com Clerk U.S. District Court for the District of South Carolina 85 Broad Street Charleston, SC 29401 154 AFFIDAVIT IN SUPPORT OF REQUEST BY THE CITYOF THE COLONY, TEXAS, FOR EXCLUSION FROM SETTLEMENT AGREEMENT City of Camden, et al. v. 3M Company, Case No. 2:23-cv-03147-RMG (In re: Aqueous Film- Forming Foams Products Liability Litigation, MDL No. 2-18-mn-2873-RMG) 1.My name is Troy Powell. I am over 21 years of age, have never been convicted of a felony or a crime of dishonesty or moral turpitude, and am competent to make this Affidavit. I am the City Manager of the City of The Colony, Texas (“City”). The City is a treated water customer of the City of Dallas, Texas (“Dallas”) and North Texas Municipal Water District (“NTMWD”); Dallas and NTMWD provides treated water to the City for which the City is charged rates and fees; and the City does not own and operate a public water system. As the City Manager of the City, under the specific legal authority granted to me by the City Council of the City, the City hereby formally requests to be excluded from the Settlement Agreement between Public Water Systems and 3M Company. 2.The City’s address is 6800 Main Street, The Colony, Texas 75056, telephone number (972) 624-3113. My address is the same, my email address is tpowell@thecolonytx.gov and I may be telephoned at (972) 624-3113. For fax purposes, documents may be forwarded to me and to the City at my email address. 3.As City Manager of the City of The Colony, Texas, I have authority to execute this Affidavit and am legally authorized to request to exclude the City as a Settlement Class Member, from the 3M Settlement Agreement. At this time, I am formally requesting that the City be excluded from the 3M Settlement Agreement in the case of City of Camden, et al. v. 3M Company, Case No. 2:23-cv-03147-RMG, in the AFFF MDL, In re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2-18-mn-2873-RMG. I declare under penalty of perjury under 28 U.S.C. § 1746 that the foregoing is true and correct. Executed this ___ day of November, 2023, at The Colony, Texas. _____________________________ Troy C. Powell 155 CONFIDENTIAL/ATTORNEY-CLIENT PRIVILEGE M E M O R A N D U M TO:Honorable Mayor and City Councilmembers FROM:Jeffrey L. Moore, City Attorney DATE:November 20, 2023 RE:Nationwide PFAS Class Action Lawsuits The City has been notified that it may wish to participate in the settlement of two (2) nationwide class action lawsuits regarding PFAS (Per- and polyfluoroalkyl substances) in water treatment systems. PFAS, known as a “forever chemical,” is a family of man-made, toxic chemicals encompassing hundreds of compounds, including perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA). PFOS and PFOA are also the primary components of AFFF (firefighting foam), which is used to extinguish fuel fires. These substances are easily dissolved in water, which increases their mobility and the ease with which they spread into the environment, contaminating soil, and leaching into groundwater and aquifers. Given the toxicity and persistence of these chemicals, any amount found in groundwater or drinking water is likely to be deemed unacceptable by regulatory agencies; this may involve the costly installation of treatment systems or modifying existing systems. The EPA will likely release its initial recommended maximum contaminant level (MCL) in the coming months for PFOS and PFOA; the MCL will likely be very low. Once the EPA (or a state regulatory body such as the Texas Commission on Environmental Quality) establishes this MCL, cities and water providers will have the financial responsibility to treat their water below the MCL. It is anticipated that this will likely be costly and take time to implement. A multitude of lawsuits were filed against 3M and DuPont for designing, manufacturing, marketing, selling, and supplying PFAS. The various lawsuits were consolidated into a class action and in June 2023, the parties announced they had reached settlement agreements that would provide public water suppliers with up to $14 billion over 13 years to test and treat for PFAS contamination. The 3M settlement will pay plaintiffs between $10-$12.5 billion and the DuPont settlement will pay plaintiffs between $1-$2 billion. Virtually every public water system in the nation was (presumably) sent notice of the lawsuits (The Colony was recently provided notice) and has been given the option to participate in the settlements or to “opt out” of the settlements. Public water systems must file notice with the court which option they choose. It is clear that if a municipality, such as The Colony, receives its water from another entity it will receive no settlement proceeds. Since water is provided to the City by Dallas and North Texas Municipal Water District (“NTMWD”), Dallas and NTMWD has suggested that its member cities opt out of the settlements. Similar suggestions have been made by the other large water providers in North Texas, the City of Dallas, City of Forth Worth, and the North Texas Municipal Water District (“NTMWD”), for their 156 Memorandum to Honorable Mayor and City Council November 20, 2023 Page 2 customers—the court also has made clear that a municipality like The Colony cannot recover settlement proceeds as well as Dallas and NTMWD because that would be considered a double recovery. Since it is extremely unlikely that The Colony would receive any settlement proceeds, and in cooperation with our regional partners, City of Dallas and NTMWD, it is both my and City staff’s recommendation that the City opt out of the settlements. The “opt out” decision must be filed with the court on or before December 4 for the DuPont lawsuit and on or before December 11 for the 3M lawsuit. It is my understanding that virtually all municipalities in this region are opting out and therefore, any settlement proceeds would be distributed to the respective water treatment provider, Dallas and NTMWD (or Fort Worth). To opt out, it will be necessary for Troy to execute affidavits opting out on behalf of the City, and then send the “opt out” affidavits to the court and parties. If this is agreeable to the City Council, the following motion would authorize Troy to promptly notify the court of the City’s decision to opt out: Proposed Motion: I move to authorize the City Manager to execute on behalf of the City affidavits opting out of the PFAS class actions relative to 3M and DuPont, and to take all other actions incident and related thereto. If you have any questions or concerns, please do not hesitate to contact me at the office (214/747-6109). Thank you! cc: Troy C. Powell, City Manager 157 AFFIDAVIT IN SUPPORT OF REQUEST BY THE CITYOF THE COLONY, TEXAS, FOR EXCLUSION FROM SETTLEMENT AGREEMENT City of Camden, et al. v. E.I. DuPont de Nemours and Company, et al., Case No. 2:23-cv-03230- RMG (In re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2-18-mn- 2873-RMG) 1.My name is Troy C. Powell. I am over 21 years of age, have never been convicted of a felony or a crime of dishonesty or moral turpitude, and am competent to make this Affidavit. I am the City Manager of the City of The Colony, Texas (“City”). The City is a treated water customer of the City of Dallas (“Dallas”) and the North Texas Municipal Water District (“District”); the District and Dallas provides treated water to the City for which the City is charged rates and fees; and the City does not own and operate a public water system. As the City Manager of the City, under the specific legal authority granted to me by the City Council of the City, the City hereby formally requests to be excluded from the Settlement Agreement between Public Water Systems and E.I. DuPont de Nemours and Company. 2.The City’s address is 6800 Main Street, The Colony, Texas 75056, telephone number (972) 624-3113. My address is the same, my email address is tpowell@thecolonytx.gov and I may be telephoned at (972) 624-3113. For fax purposes, documents may be forwarded to me and to the City at my email address. 3.AsCityManager of the Cityof The Colony, Texas, I have authority to execute this Affidavit and am legally authorized to request to exclude the City as a Settlement Class Member, from the DuPont Settlement Agreement. At this time, I am formally requesting that the City be excluded from the DuPont Settlement Agreement in the case of City of Camden, et al. v. E.I. DuPont de Nemours and Company,et al., Case No. 2:23-cv-03230-RMG, in the AFFF MDL, In re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2-18-mn-2873-RMG. I declare under penalty of perjury under 28 U.S.C. § 1746 that the foregoing is true and correct. Executed this day of November, 2023, at The Colony, Texas. _____________________________ Troy C. Powell 158 November 27, 2023 VIA EMAIL AND UPS OVERNIGHT MAIL In re: Aqueous Film-Forming Foams Products Liability Litigation c/o 3M Notice Administrator 1650 Arch Street, Suite 2210 Philadelphia, PA 19103 PFASSettlement@AngeionGroup.com RE: Request for Exclusion from Settlement Agreement in City of Camden, et al. v. 3M Company, Case No. 2:23-cv-03147-RMG (In re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2-18-mn-2873-RMG) Dear 3M Notice Administrator: My name is Troy Powell and I am the City Manager of the City of The Colony, Texas (“City”). The City is a treated water customer of Dallas and the North Texas Municipal Water District (“NTMWD”. Dallas and NTMWD provides treated water to the City for which the City is charged rates and fees; and the City does not own or operate a public water system. The City hereby formally requests to be excluded from the Settlement Agreement in the above-referenced matter. The attached Affidavit provides the pertinent information requested by the Notice of Proposed Class Action and Settlement. The Affidavit further provides that I have the requisite legal authority to make this request on behalf of the City. By this request, the City understands that it will be waiving the ability to participate in the settlement of the above-referenced case, and all benefits and obligations contained therein. If you have any questions about this request for exclusion, please contact the City’s attorney: Jeffrey L. Moore Brown & Hofmeister, L.L.P. 740 E. Campbell Road, Suite 800 Richardson, Texas 75081 214/747- 6100 (Main) 214/747-6111 (Fax) Sincerely, Troy C. Powell City Manager Attachment: Affidavit in Support of Request for Exclusion 159 Request for Exclusion from Settlement Agreement Page 2 c:Service as required by Settlement Agreement (via electronic mail and overnight courier, delivery confirmation requested): Special Master Matthew Garretson Wolf/Garretson LLC P.O. Box 2806 Park City, UT 84060 Matt@WolfGarretson.com AFFF Public Water System Claims P.O. Box 4466 Baton Rouge, LA 70821 info@pfaswatersettlement.com Kevin H. Rhodes Executive Vice President and Chief Legal Affairs Officer Legal Affairs Department 3M Company 3M Center, 220-9E-01 St. Paul, MN 55144-1000 krhodes@mmm.com Thomas J. Perrelli Jenner & Block LLP 1099 New York Avenue, N.W., Suite 900 Washington, DC 20001-4412 TPerrelli@jenner.com Richard F. Bulger Mayer Brown LLP 71 South Wacker Drive Chicago, Illinois 60606 Rbulger@mayerbrown.com Scott Summy Baron & Budd, P.C. 3102 Oak Lawn Ave, Ste. 1100 Dallas, Texas 75219 ssummy@baronbudd.com 160 Request for Exclusion from Settlement Agreement Page 3 Michael A. London Douglas & London 59 Maiden Lane, 6th Floor New York, NY 10038 mlondon@douglasandlondon.com Paul J. Napoli Napoli Shkolnik 1302 Av. Ponce de Leon San Juan, Puerto Rico 00907 PNapoli@NSPRLaw.com Elizabeth A. Fegan Fegan Scott LLC 150 S. Wacker Dr, 24th floor Chicago, Il 60606 beth@feganscott.com Joseph F. Rice Motley Rice 28 Bridgeside Blvd. Mount Pleasant, SC 29464 jrice@motleyrice.com Clerk U.S. District Court for the District of South Carolina 85 Broad Street Charleston, SC 29401 161 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZNG THE CITY MANAGER, ASSISTANT CITY MANAGER, AND CITY ATTORNEY’S OFFICE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO BE EXCLUDED OR OPT OUT FROM THE CITY OF CAMDEN, ET AL. V. E.I. DUPONT DE NEMOURS AND COMPANY, ET AL.,LAWSUIT AND CITY OF CAMDEN, ET AL. V. 3M COMPANY LAWSUIT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of The Colony, Texas, has been notified that it may wish to participate in the settlement of two (2) nationwide class action lawsuits regarding PFAS (Per- and polyfluoroalkyl substances) in water treatment systems: (1)City of Camden, et al. v. E.I. DuPont de Nemours and Company, et al., Case No. 2:23-cv-03230-RMG, in the AFFF MDL, In re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2-18-mn-2873-RMG (the “DuPont Lawsuit”); and (2)City of Camden, et al. v. 3M Company, Case No. 2:23-cv-03147-RMG, in the AFFF MDL, In re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2-18-mn-2873-RMG (the “3M Lawsuit”); and WHEREAS,the City Council of the City of The Colony, Texas, finds and determines it is in the best interest of the City of The Colony, Texas, to opt-out of the settlement of said cases. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1.The City Council of the City of The Colony, Texas, finds and determines it is in the best interest of the City of The Colony, Texas, to opt-out of the settlement of the DuPont Lawsuit and 3M Lawsuit, and authorize the City Manager, Assistant City Manager, and City Attorney’s office to file any and all documents necessary to opt out of the aforementioned lawsuits, and ratify all prior actions related to the same. SECTION 2. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 5th day of DECEMBER, 2023. Richard Boyer, Mayor 162 Page 2 ATTEST: ____________________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________________ Jeffrey L. Moore, City Attorney 163 Agenda Item No:4.13 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing and approving certain payments by The Colony Local Development Corporation, The Colony Economic Development Corporation, and The Colony Community Development Corporation for costs related to the construction of projects within Tax Increment Reinvestment Zone No. 1, City of The Colony, Texas for Grandscape and related Authorization of Annual Payment forms, Issuer Orders, related documents; and resolving other matters related thereto. (Miller) Suggested Action: Attachments: 2023 - CDC - Payment Auth and Issuer Order.pdf 2023 - EDC - Payment Auth and Issuer Order.pdf 2023 - LDC - Payment Auth.pdf 2023 - TIRZ - Payment Auth.pdf Res. 2023-xxx Grandscape Annual Disbursements - Type A Type B LDC and TIRZ 1.docx 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING AND APPROVING CERTAIN PAYMENTS BY THE COLONY LOCAL DEVELOPMENT CORPORATION, THE COLONY ECONOMIC DEVELOPMENT CORPORATION, AND THE COLONY COMMUNITY DEVELOPMENT CORPORATION FOR COSTS RELATED TO THE CONSTRUCTION OF PROJECTS WITHIN TAX INCREMENT REINVESTMENT ZONE NO. 1, CITY OF THE COLONY, TEXAS FOR GRANDSCAPE; PROVIDING FOR AN EFFECTIVE DATE; AND RESOLVING OTHER MATTERS RELATED THERETO. WHEREAS,on November 8, 2011, the City Council of the City of The Colony, Texas (the "City Council"), approved Ordinance No. 2011-1926, designating Tax Increment Reinvestment Zone Number One, City of The Colony, Texas (the "Zone"), and designated a Board of Directors for the Zone (the "Zone Board"), in accordance with and pursuant to Chapter 311 of the Texas Tax Code, as amended (the "Act"); and WHEREAS, on November 8, 2011, the City Council also approved Resolution No. 2011- 075 authorizing and approving the creation of The Colony Local Development Corporation (the "LDC") to aid, assist and act for and behalf of the City of the Colony, Texas (the "City") and the Zone Board in the management of the Zone and the implementation of the project plan and the financing plan for the Zone in accordance with and pursuant to Subchapter D of Chapter 431 of the Texas Transportation Code, as amended; and WHEREAS,Section 311.002 of the Texas Tax Code defines authorized "project costs" to include "expenditures made or estimated to be made and monetary obligations incurred or estimated to be incurred by the municipality or county designating a reinvestment zone that are listed in the project plan as costs of public works, public improvements, programs, or other projects benefiting the zone, plus other costs incidental to those expenditures and obligations"; and WHEREAS, the City Council approved a Final Project and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number One, City of the Colony, Texas, dated November 15, 2011 (the "Final Project and Finance Plan") by adoption of Ordinance No. 2011- 1929 on November 15, 2011; and WHEREAS,the Final Project and Finance Plan provides for the financing of "TIF Projects" (defined in the Final Project and Finance Plan), including the construction of a municipal building, and the payment of "TIF Project Costs" (defined in the Final Project and Finance Plan) in accordance with the Act; and WHEREAS,the City and the LDC entered into that certain Amended and Restated Construction Management Agreement, effective as of November 20, 2012, (the "LDC Construction Management Agreement") with NFM Services, LLC, a Texas limited liability 188 2 company ("NFM Services") to provide for the construction of certain TIF Projects constituting Economic Development Projects (as defined in the Final Project and Finance Plan) and the reimbursement of costs related to such Economic Development Projects advanced by NFM Services ("NFM Advances"), in accordance with and pursuant to Section 311.010(b) of the Texas Tax Code, as amended; and WHEREAS, the City, the Zone Board, and the LDC entered into that certain Funding Agreement, effective as of December 11, 2012, (the "LDC Funding Agreement") with LMG Ventures, LLC, ("LMG"), andTXFM, Inc. ("TXFM") related to the funding of certain TIF Projects (as defined in the Final Project and Finance Plan); and WHEREAS, the City, the Zone Board, and the LDC have entered into that certain Management Agreement, effective as of December 6, 2011, as amended and restated by that certain Amended and Restated Management Agreement, effective as of February 23, 2021, (the "LDC Management Agreement," and together with the LDC Construction Management Agreement and the LDC Funding Agreement, referred to collectively as the "LDC Agreements") to address the management of the Zone and the implementation of the Final Project and Finance Plan, including the issuance of TIF Obligations (as defined in the Management Agreement), in accordance with and pursuant to Section 311.010(f) of the Texas Tax Code, as amended; and WHEREAS, as described and defined in the Management Agreement, the City has established the "City Tax Increment Subaccount" within the "Tax Increment Fund" for the Zone and is making deposits of the "City Tax Increment" into such City Tax Increment Subaccount as required under Section 4.5 of the Management Agreement; and WHEREAS, The Colony Economic Development Corporation (the "Type A Corporation") entered into that certain Type A Corporation Performance Agreement (the "Type A Performance Agreement"), effective as of November 15, 2011, with LMG and TXFM in compliance with Section 501.158 of the Act to promote economic development within the City of The Colony, Texas (the "City") and to provide for the construction of authorized projects ("Type A Projects") as described therein; and WHEREAS, the Type A Performance Agreement set forth the performance requirements related to certain financial incentives, including the payment of costs for authorized projects ("Type A Project Costs"), and established the "Type A Reimbursement Account" (as defined in the Type A Performance Agreement) from which Type A Project Costs are to be reimbursed or paid in accordance with the Type A Performance Agreement; and WHEREAS,the City Council of the City (the "City Council") approved and ratified the Type A Performance Agreement by Resolution No. 2011-078 approved on November 15, 2011; and WHEREAS,the City and the Type A Corporation entered into that certain Amended and Restated Construction Management Agreement, effective as of November 20, 2012, (the "Type A Construction Management Agreement") with NFM Services to provide for the construction of the Type A Projects described in the Type A Construction Management Agreement and the reimbursement of NFM Advances for Type A Project Costs; and 189 3 WHEREAS, the City and the Type A Corporation entered into that certain Type A Economic Development Funding Agreement, effective as of December 12, 2012, (the "Type A Funding Agreement" and together with the Type A Performance Agreement and the Type A Construction Management Agreement, sometimes referred to collectively as the "Type A Agreements") with LMG and TXFM related to the funding of certain Type A Projects described in the Type A Funding Agreement and the payment of Type A Project Costs; and WHEREAS,the Type A Corporation, with the consent of the City, has issued its The Colony Economic Development Corporation Sales Tax Revenue Bonds (Nebraska Furniture Mart Texas Project Infrastructure Bonds) Series 2013 (the "2013 Type A Bonds") and is party to the Indenture of Trust and Security Agreement, dated as of February 1, 2013, as supplemented by the First Supplemental Trust Indenture, dated February 1, 2013 (collectively, the "2013 Type A Bond Indenture"); and WHEREAS, The Colony Community Development Corporation (the "Type B Corporation") entered into that certain Type B Corporation Performance Agreement (the "Type B Performance Agreement"), effective as of November 15, 2011, with LMG and TXFM in compliance with Section 501.158 of the Act to promote economic development within the City of The Colony, Texas (the "City") and to provide for the construction of authorized projects ("Type B Projects") as described therein; and WHEREAS, the Type B Performance Agreement sets forth the performance requirements related to certain financial incentives, including the payment of costs for authorized projects ("Type B Project Costs"), and established the "Type B Reimbursement Account" (as defined in the Type B Performance Agreement) from which Type B Project Costs are to be reimbursed or paid in accordance with the Type B Performance Agreement; and WHEREAS,the City Council of the City (the "City Council") approved and ratified the Type B Performance Agreement by Resolution No. 2011-077 approved on November 15, 2011; and WHEREAS,the City and the Type B Corporation entered into that certain Amended and Restated Construction Management Agreement, effective as of November 20, 2012, (the "Type B Construction Management Agreement") with NFM Services to provide for the construction of the Type B Projects described in the Type B Construction Management Agreement and the reimbursement of NFM Advances for Type B Project Costs; and WHEREAS, the City and the Type B Corporation entered into that certain Type B Economic Development Funding Agreement, effective as of December 12, 2012, (the "Type B Funding Agreement" and together with the Type B Performance Agreement and the Type B Construction Management Agreement, sometimes referred to collectively as the "Type B Agreements") with LMG and TXFM related to the funding of the Type B Projects described in the Type B Funding Agreement and the payment of Type B Project Costs; and WHEREAS,the Type B Corporation, with the consent of the City, has issued its The Colony Community Development Corporation Sales Tax Revenue Bonds (Nebraska Furniture Mart Texas Project Infrastructure Bonds) Series 2013 (the "2013 Type B Bonds") and is party to the Indenture of Trust and Security Agreement, dated as of February 1, 2013, as supplemented by the First Supplemental Trust Indenture, dated February 1, 2013 (collectively, the "2013 Type B 190 4 Bond Indenture", and together with the 2013 Type A Bond Indenture, collectively the "Bond Indentures"); and WHEREAS, the City caused to have constructed within the Zone a municipal building in the form of The City of The Colony, Texas, Fire Station No. 4 ("Fire Station No. 4") for the benefit of the Zone and surrounding area; and WHEREAS,the Zone Board and the LDC have found and determined that a portion of the costs related to the construction of Fire Station No. 4 totaling $4,180,000 are permissible "project costs" as that term is defined in Section 311.002 of the Texas Tax Code and such amount constitutes the total TIF Project Costs related to a municipal building as shown on Exhibit C of the Final Project and Finance Plan; and WHEREAS,the Type B Corporation has found and determined that a portion of the costs related to the construction ofFire Station No. 4 totaling $4,180,000 are permissible "Project Costs" as that term is defined in Section 501.152 of the Act and the Type B Agreements; and WHEREAS, the Zone Board and the LDC have found and determined that NFM Advances and payments to LMG and TXFM for Private Funding Obligations (as defined in the LDC Funding Agreement) authorized to be paid hereunder are "project costs" as that term is defined in Section 311.002 of the Texas Tax Code and are TIF Project Costs provided for in the Final Project and Finance Plan; and WHEREAS, the Type A Corporation and the Type B Corporation have found and determined that NFM Advances and payments to LMG and TXFM for Private Funding Obligations (as defined in the Type A Funding Agreement and the Type B Funding Agreement) authorized to be paid hereunder are "project costs" as that term is defined in Section 501.152 of the Act and the Type B Agreements; and WHEREAS,on or about January 3, 2023, the City Council of the City of The Colony, Texas, approved Resolution No. 2023-004, which provided, in part, that “[f]or so long as obligations remain unpaid and outstanding, the Zone Board, the LDC, the EDC and the CDC shall submit forms similar to the Annual Authorization Forms that have been approved by the Zone Board, the LDC, the EDC, and the CDC to the City Council no later than November 1st each year beginning November 1, 2023. Following the receipt of such forms, the City Council shall review and consider approval of the payments set forth in such forms without further action required from the Zone Board, the LDC, the EDC or the CDC.” NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1. The findings set forth above and the exhibits attached hereto are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. Consistent with Resolution 2023-004, the City Council of the City of The Colony, Texas, hereby approves that Issuer Orders, and Authorization of Annual Payment Forms for the EDC, CDC, TIRZ # 1, and LDC, which are attached hereto as Exhibit A, and are incorporated herein for all purposes. 191 5 SECTION 3. The City Council hereby authorizes and approves the payments from the Tax Increment Fund, Type A Reimbursement Fund, and the Type B Reimbursement Fund, as applicable, as shown on the Annual Authorization Forms. SECTION 4. This Resolution shall become effective immediately upon passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 5TH DAY OF DECEMBER, 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 192 Exhibit A 193 194 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Isaac Williams Submitting Department: Planning Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance regarding the Site Plan application for URWLD, an approximately 88,000 square-foot Indoor/Outdoor Amusement Facility on Lot 7B-2, Block A within Tract B of The Colony Center Addition. The subject area contains approximately 6.59 acres and is located north of the northwest intersection of South Colony Boulevard and State Highway 121 within the Planned Development 16 (PD-16) District and the Gateway Overlay District. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendation Attachments: SP23-0008 URWLD Site Plan- CC Staff report.docx URWLD- Site Plan Ordinance.docx Ord. 2023-xxxx URWLD Site Plan.docx 195 1 CITY COUNCIL REPORT AGENDA DATE:December 5, 2023 DEPARTMENT:Planning and Development Department SUBJECT:SP23-0008 – Site Plan URWLD Indoor/Outdoor Amusement Facility Discuss and consider an ordinance regarding the Site Plan application for URWLD, an approximately 88,000 square-foot Indoor/Outdoor Amusement Facility on Lot 7B-2, Block A within Tract B of The Colony Center Addition. The subject area contains approximately 6.59 acres and is located north of the northwest intersection of South Colony Boulevard and State Highway 121 within the Planned Development 16 (PD-16) District and the Gateway Overlay District. OWNER/APPLICANT Owner: Luna Crossing, LTD The Colony, TX Applicant: Jesse Peckham Lakewood, CO CenterPoint Engineering EXISTING CONDITION OF PROPERTY The subject site is currently undeveloped. ADJACENT ZONING AND LAND USE North - Planned Development PD-16 Retail Commercial and Single-Family Attached South - Planned Development PD-25 Nebraska Furniture Mart East - Diverging Diamond Interchange (DDI) of Grandscape West -Planned Development PD-16 Mixed Retail Commercial PROPOSED DEVELOPMENT The proposed development is an indoor amusement facility within an approximately 88,000 sf building. The facility will provide a terrace along the SH 121 frontage that will be activated with social activities and respite area. The building will consist of an illuminated wall containing translucent panels that allow backlit lighting to be presented along the elevation. The proposed development is within an undeveloped “pad” site located within the Colony Center Addition. The Colony Center Addition consists of existing commercial development including Floor & Décor, Chair King, Panda Express, Mattress Firm and Rooms to Go. The subject site is located within Planned Development 16 (PD-16) which is an approximately 260- acre zoning district bound by SH 121 to the South, Memorial Drive to the North, Paige Road to the West and the BNSF Railroad to the East. The PD is divided into Tracts A, B, C, D and E with land uses permitted within the Business Park (BP) and General Retail (GR) district. The area is mostly developed with restaurants, retail and office, there are some undeveloped areas left within Tracts B, D and E. City Council previously approved a Planned Development Amendment to reflect the development standards associated with the project. The applicant requested amendment to the PD-16 to allow Indoor/Outdoor Amusement on this tract “by-right” where a Specific Use Permit (SUP) is required. 196 2 This site plan request follows the development standards as approved; the proposed use is allowed “by-right.” DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the Site Plan is consistent with the development standards reflected in the amended Planned Development 16 (PD-16) ordinance and the Comprehensive Zoning Ordinance as uses found along SH 121 and the intent of development within Planned Development 16 (PD-16). PRIOR ACTION On November 14, 2023 the Planning and Zoning Commission voted (6-0) to recommend approval of the Site Plan application for URWLD, an approximately 88,000 square-foot Indoor/Outdoor Amusement Facility located north of the northwest intersection of South Colony Boulevard and State Highway 121 within the Planned Development 16 (PD-16) District and the Gateway Overlay District. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Site Plan Exhibits 4. Applicant Narrative ATTACHMENT 1 Staff Analysis Land Use Analysis The applicant proposes the development of an indoor adventure facility within an approximately 88,000 square-foot building designed for floor to ceiling interactive, explorable and observable space. The applicant indicates the facility will provide “15 proven adventure activities” including rock form scaling, ice form scaling, [water] diving and exploration. The site will also provide various food and beverage offerings. The majority of services and activities will occur within the building; the overall scale of the building is intended to accommodate the multiple activities within the structure. Elevations The elevation plan reflects a modern aesthetic with elevations consisting predominately of metal panel, brick/masonry and accented materials and colors. The color palette mainly consists of black, blue, and gray. The color selection and percentages are consistent with other projects within the overall development. Each façade contains horizontal and vertical articulations, fenestration and color change to offer visual interest in accordance with the overall development. Specific aesthetic value is added to the eastern elevation that includes texturing and shading. Circulation and Parking The subject site is mostly developed with an existing parking field and circulation. The parking is shared with the other development within the unified development site. Access to the parking field is provided from South Colony Blvd and SH 121, where multiple access points are established. 197 3 Landscaping The landscape plan reflects the planting of various canopy trees, small ornamental trees, shrubs, and ground cover throughout the development site. Specifically along the perimeters of the subject development area. The majority of additional plantings will occur along the perimeter of the building and along the frontage of South Colony Blvd. The site plan reflects all other plantings are provided as part of the larger established commercial complex, including those plantings within the parking area and within buffers. DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the proposed development reflected in the Planned Development Amendment is consistent with the commercial uses found along SH 121 and the intent of development within Planned Development 16 (PD-16) and recommends approval. 198 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023-____ SITE PLAN – URWLD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR “URWLD,” 88,000 SQUARE-FOOT INDOOR/OUTDOOR AMUSEMENT FACILITY WITHIN LOT 7B-2, BLOCK A, IN THE COLONY CENTER ADDITION. THE SUBJECT SITE IS LOCATED NORTH OF THE NORTHWEST CORNER OF STATE HIGHWAY 121 AND SOUTH COLONY BOULEVARD WITHIN THE PD-16 ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given requisite notices and consideration of the site plan application and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP23-0008 for “URWLD,” an approximately 88,000 square-foot Indoor/Outdoor Amusement Facility on Lot 7B-2, Block A within Tract B of The Colony Center Additionlocated at the northwest corner of State Highway 121 and South Colony Boulevard within the PD-16 Zoning District and the Gateway Overlay District should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Site Plan, Landscape Plan, building elevations and photometric plan applicable to the subject area, copies of which are attached hereto as Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 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 199 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. DULY PASSED by the City Council of the City of The Colony, Texas, this 5th day of December, 2023. Richard Boyer, Mayor ATTEST: Tina Stewart, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 200 Exhibit A 201 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023-____ SITE PLAN – URWLD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR “URWLD,” 88,000 SQUARE-FOOT INDOOR/OUTDOOR AMUSEMENT FACILITY WITHIN LOT 7B-2, BLOCK A, IN THE COLONY CENTER ADDITION. THE SUBJECT SITE IS LOCATED NORTH OF THE NORTHWEST CORNER OF STATE HIGHWAY 121 AND SOUTH COLONY BOULEVARD WITHIN THE PD-16 ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given requisite notices and consideration of the site plan application and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Site Plan Application No. SP23-0008 for “URWLD,” an approximately 88,000 square-foot Indoor/Outdoor Amusement Facility on Lot 7B-2, Block A within Tract B of The Colony Center Additionlocated at the northwest corner of State Highway 121 and South Colony Boulevard within the PD-16 Zoning District and the Gateway Overlay District should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Site Plan, Landscape Plan, building elevations and photometric plan applicable to the subject area, copies of which are attached hereto as Exhibit A of this Ordinance. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 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 202 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. DULY PASSED by the City Council of the City of The Colony, Texas, this 5th day of December, 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 203 Exhibit A 204 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: December 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 Specific Use Permit (SUP) to allow an A/C and Heating Shop with outside storage use known as “Colony Air Conditioning and Heating,” at 4805 South Colony Blvd, containing approximately 9,310 sq. ft., and located within the Shopping Center (SC) Zoning District and Gateway Overlay District. (Williams) Suggested Action: Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff recommendations Attachments: SUP23-0005 CC Staff Report -FINAL.doc SUP23-0005 - Colony Air Final Exhibits.pdf Ord. 2023-xxxx SUP23-0005.docx 205 1 CITY COUNCIL REPORT AGENDA DATE:December 5, 2023 DEPARTMENT:Planning and Development Department SUBJECT:SUP23-0005 – 4805 South Colony Blvd – Colony Air Conditioning & Heating (A/C and Heating Shop with Outside Storage) – Specific Use Permit Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit (SUP) to allow an A/C and Heating Shop with outside storage use known as “Colony Air Conditioning and Heating,” at 4805 South Colony Blvd, containing approximately 9,310 sq. ft., and located within the Shopping Center (SC) Zoning District and Gateway Overlay District. OWNER/APPLICANT Owner:Proton PRC LTD The Colony, Texas Applicant:Katherine Everett The Colony, Texas Colony Air Conditioning and Heating EXISTING CONDITION OF PROPERTY The current site is developed into a multi-tenant office building with warehouse space. PROPOSED DEVELOPMENT The applicant requests approval of a Specific Use Permit (SUP) to allow an A/C and Heating Shop with outside storage use known as “Colony Air Conditioning and Heating,” to operate within the Shopping Center (SC) Zoning District were such use is only allowed by a Specific Use Permit. The property is located at 4805 South Colony Blvd. This business has been operating in the City of The Colony since 1977 and at 4805 South Colony Blvd since 2022. The hours of operation are 8am-5pm Monday –Friday and 9am-12pm on Saturdays, closed on Sundays. ADJACENT ZONING AND LAND USE North - Shopping Center Zoning District – Undeveloped Land South - Single Family SF-4 Zoning District - First Baptist Church East - Shopping Center Zoning District – Good Shepherd Lutheran Church West -Shopping Center Zoning District – Aaron’s Furniture, Texas Family Fitness, and Big Lots! DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds the SUP meets the requirements of The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined in the Staff Report. PRIOR ACTION On October 24, 2023, the Planning and Zoning Commission voted (7-0) to recommend approval of the Specific Use Permit (SUP) to allow an A/C and Heating Shop with outside storage use known as “Colony Air Conditioning and Heating,” at 4805 South Colony Blvd, containing 206 2 approximately 9,310 sq. ft., and located within the Shopping Center (SC) Zoning District and Gateway Overlay District. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Site Plan 4. Floor Plan 5. Elevation Photograph 6. Applicant Narrative ATTACHMENT 1 Staff Analysis Land Use Analysis The subject site is located within the Shopping Center (SC) Zoning District. The Zoning Ordinance requires a Specific Use Permit for A/C and Heating Shop use with outside storage. Specific Use Permit approval is intended to offer further evaluation of certain uses and the appropriateness of the operation of those uses within the context of the surrounding area. Uses within the Shopping Center (SC) Zoning District typically include a mix of retail, office and personal services. A review of nearby existing uses in the Shopping Center (SC) Zoning District was found to include a mix of retail and services. Nearby retail uses in the SC Zoning District include, restaurants, retail stores, health studio, personal services, and churches. The proposed A/C and Heating Shop with outside storage use is not anticipated to conflict with surrounding established uses as long as the outside storage is well maintained within a screened enclosure. Specific Use Permit (SUP) Criteria In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a Specific Use Permit application using the following criteria: 1.Conformance with the City of The Colony’s Comprehensive Plan; The Future Land Use Map identifies this area as “Mixed Use Center” which includes commercial, entertainment and community service uses. The proposed land use is in conformance with The Colony Comprehensive Plan. 2.Conformance with applicable regulations and standards established by the zoning regulations; With the approval of the SUP, the application will be in conformance with the Zoning Ordinance. 3.Compatibility with existing or permitted uses on abutting sites, in terms of building height, build and scale, setbacks on open spaces, landscaping and site development, access and circulation features, architectural compatibility; The proposed A/C and Heating Shop with outside storage use is compatible with the approved uses on abutting sites. The area surrounding the subject site are mainly retail, churches, and service businesses. The establishment is within the rear portion of a building that is only access by mutual drive. The overall operations are not visibly apparent due to the internal orientation of the business which is screened by the adjacent 207 3 buildings; no operations are readily visible from South Colony Drive. The lot configuration provides additional mitigation of the proposed use. 4.Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area, existing zoning and land uses in the area; The site layout for the subject site has been reviewed and has been previously approved by the City, which meets traffic circulation and associated requirements. 5.Protection of persons and property from erosion, flood, or water damage, fire, noise, glare, air quality, generation of dust and odors, and similar hazards and impacts; The subject site was developed in accordance with the applicable regulations at the time of construction. 6.Location, lighting and type of signs; the relation of signs to traffic control and adverse effect of signs on adjacent properties; All existing lighting will remain as previously approved. Building signage was approved in January 18, 2023. No adverse effect of signs on adjacent properties has been found. 7.Adequacy and convenience of off-street parking and loading facilities; The subject site meets the Zoning Ordinance requirements for off-street parking. 8.Determination that the proposed use and site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity; Developments within Shopping Center (SC) Zoning District generally consist of commercial activities.The proposed development of an A/C and Heating Shop with outside storage, is consistent with the intended uses for Shopping Center (SC) Zoning District and compatible with the surrounding land uses within the vicinity. 9.Determination that any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses in the same district and surrounding area The proposed use as requested is not anticipated to create any unfavorable impacts on nearby uses in the same district and surrounding area if the outside storage is kept within the required screened enclosure. 10.Determination that the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare of materially injurious to properties or improvements in the vicinity. The proposed use is not anticipated to be detrimental to the public health, safety, or welfare. Infrastructure Improvements No specific public infrastructure improvements are planned for this area. 208 4 Notification The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the City Council meeting. Notice for this SUP Public Hearing was published in The Dallas Morning News on November 17, 2023. In addition, the Zoning Ordinance requires notification of property owners located within 200 feet of the subject property a minimum of fifteen (15) days prior to the public hearing. Public Hearing notices were mailed November 17, 2023 to adjacent property owners. No comments either for or against the SUP were received as of printing of this packet. Development Review Committee Review The Development Review Committee (DRC) finds the SUP request meets the requirements of The Colony Code of Ordinances, Appendix A, Zoning Ordinance as outlined in the Staff Report. 209 BRANCH HOLLOW DR H A C K N E Y L N SO UT H CO LO NY B LV D 4832 4836 4915 4837 4840 4800 4916 4920 4924 49255000 48094805 4803 S CSC G RGR S F -4SF-4 S F -1SF-1 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: SU P23-0005 - Colony Air Conditioning & H eating SubjectArea SUP23-0005 General Retail Shopping Center Single Family 210 Narrative for Specific Use Permit for 4805 S. Colony Blvd, The Colony Texas: Colony Air Conditioning & Heating seeks a Specific Use Permit (SUP) for the operation of our A/C and Heating shop located at 4805 S. Colony Blvd. in The Colony. Colony Air Conditioning & Heating has been operating since 1977 in the City of The Colony. We are one of The Colony's oldest businesses and one of even fewer who are still operated by the original owner. We have moved 99% of our operations to an existing building at 4805 S. Colony Blvd. We are leasing this location from land/building owner, Khalil R. Khalil (also known as Ray Khalil). The purpose for seeking a Specific Use Permit is to allow this type of business ( plumbing, electrical, a/c, heating shop (outside storage) to operate in the Shopping Center District located at 4805 S. Colony Blvd. The location of 4805 S. Colony Blvd. is the subject of this SUP.  Land Use Description: Code 196: A/C, heating shops (outside storage)  Existing Zoning is designated as SC (shopping center) even though this property is not in a shopping center. It is a standalone building.  Hours of Operation: 8:00-5:00pm Monday - Friday and 9-12pm Saturday, Closed on Sunday  Justification for this request: 1) the property from street view is unchanged, except for our company name on the existing monument sign. 2) All service vehicles park in the back of the building when at the office and are therefore hidden from view from drivers on S. Colony Blvd.. 3) Most of each day, nearly all employee vehicles are gone performing remote services in The Colony and surrounding cities. 4) We need one (1) exterior storage space of a size approximate to 24 wide x 35' long x 7' tall enclosure with a metal gate to temporarily contain old hvac equipment until the recycler removes it three or four times per week. The hvac components would be in this storage enclosure for approximately 24 hours up to 48 hours and would then be repeatedly replaced by different hvac components on a rotating basis of first in, last out. 5) The enclosure will keep the back of the building looking nice, neat, and tidy (even though it is out of view already). 6) the property is already compatible with adjacent property use and consistent with the character of the neighborhood. Our business will not disturb this. The property is bounded by a creekbed, vacant land, and by the backside of the shopping center containing Aaron's and Texas Family Gym. 7) the existence of an outside storage space will not generate any additional noise level beyond use of a truck's lift gate to lift and lower used equipment.  Regarding the enclosure, Colony Air Conditioning & Heating or others will not engage in any disassembly of equipment onsite  Enclosure is designed to hold used hvac equipment until recycling pickup which will occur according to the following time table approximately: Spring/Summer 3-4 times per week; Autumn 2-3 times per week; Winter 2-3 times per week. The goal being that the equipment will not be stacked higher than 7 feet.  The enclosure is designed to hold the used hvac equipment and any other storage items so that no items are stored outdoors outside of the enclosure.  The existence of Colony Air Conditioning & Heating at 4805 S. Colony Blvd. is compatible with existing or permitted uses on abutting sites, in terms of building height, bulk, and scale, setbacks and open spaces landscaping and site development, access and circulation features, architectural compatibility as nothing has changed upon our leasing of the building.  There are not any unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent that such impacts exceed those which reasonably may result from use of the site for the permitted use.  There are no modifications to the site plan which would result in increased compatibility, would mitigate potentially unfavorable impacts, would be necessary to conform to applicable regulations and standards and would protect the public health, safety, mo rals and general welfare.  There are no changes to the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by our use of the proposed areas and 211 other uses reasonable and anticipated in the area, existing zoning and land uses in the area. Our office does not receive many walk -in customers, so there would be little to no additional vehicular use except for our employees.  The exterior of the building has not changed with our move to this location. The location of signs, lighting and the relation of signs to traffic control has not changed.  The off-street parking and loading facilities are sufficient and have not changed with our move to this location.  The proposed use of this location is in accordance with the objectives of the zoning regulations and the purpose of the zoning district in which the site is located.  The proposed use of this location will be compatible with existing or permitted uses in the vicinity.  The proposed use of this location will not impose any unfavorable impacts on nearby uses in the same district and the surround area.  The proposed use of this location will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 212 N0 0 ° 0 0 ' 1 8 " W 10 9 6 . 8 9 ' S89°59'42" W 245.90' S 0 0 ° 0 0 ' 1 9 " E 30 0 . 0 0 ' S89°59'42" W 200.00' LO T 1 , B L O C K 1 6. 7 3 0 A C R E S EX I S T I N G ON E S T O R Y B U I L D I N G 5 5 CO M P A C T O R LO C A T I O N Colony Air Conditioning & Heating 4805 S Colony Blvd, The Colony, TX 75056 SITE PLAN AS-1 SHEET TITLE:SHEET NUMBER: NO.REVISIONS DATE: DRAWN BY: CHECKED BY: JOB NUMBER: 21007 10-2-2023DATE: Colony Air Conditioning & Heating Site Plan, 4805 S. Colony Blvd, The Colony TX 75056 Project number (SUP23-0005) 213 214 SLOPED CONCRETE BLOCK CAP BACKER ROD AND SEALANT DOWEL ANCHOR AT 24'' O.C. SET IN SEALANT BURNISHED BLOCK CMU WALL DRIP EDGE CMU BOND BEAM, REFER TO STRUCTURAL FOR CMU WALL REINFORCEMENT METAL FLASHING 8" CMU WALL PAINTED STEEL TUBE, FILLED WITH CONCRETE HINGE WELDED TO STEEL TUBE JAMB STEEL ANGLE FRAME METAL PANEL SIDING 1" COMPACTOR ENCLOSURE DETAILS A1.01 SHEET TITLE: SHEET NUMBER: NO.REVISIONS DATE: DRAWN BY: CHECKED BY: JOB NUMBER: 21007 9-17-2023DATE: PR O T O N P R C O F F I C E 48 0 5 S C o l o n y B l v d , T h e C o l o n y , T X 7 5 0 5 6 21 5 A S1 A S1 A S1 A S1 FOUNDATION PLAN S1 SHEET TITLE: SHEET NUMBER: NO.REVISIONS DATE: DRAWN BY: CHECKED BY: JOB NUMBER: 21007 9-17-2023DATE: PR O T O N P R C O F F I C E 48 0 5 S C o l o n y B l v d , T h e C o l o n y , T X 7 5 0 5 6 21 6 Side view of storage enclosure: Dimensions 10’ deep x 25’ wide x 6’ tall a representative example of what the exterior of the enclosure will look like sans the blue dumpster 217 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023-_____ SPECIFIC USE PERMIT (SUP) – 4805 SOUTH COLONY DRIVE- COLONY AIR CONDITIONING AND HEATING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO ALLOW AN A/C AND HEATING SHOP WITH OUTSIDE STORAGE, KNOWN AS COLONY AIR CONDITIONING AND HEATING LOCATED AT 4805 SOUTH COLONY BLVD, WITHIN THE SHOPPING CENTER (SC) ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have held due public hearings, and afforded a full and fair hearing to all property owners generally, and to all persons interested, and is of the opinion and finds that Specific Use Permit No. SUP23-0005 should be approved to allow an A/C and Heating Shop with outside storage, known as Colony Air Conditioning and Heating, located at 4805 South Colony Blvd, within the Shopping Center (SC) Zoning District and the Gateway Overlay District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the City Council of the City of The Colony, Texas, does hereby approve the Specific Use Permitto allow an A/C and Heating Shop with outside storagefor Colony Air Conditioning and Heating, located at 4805 South Colony Blvd within the Shopping Center (SC) Zoning District and Gateway Overlay District. SECTION 3.That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or 218 2 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. DULY PASSED by the City Council of the City of The Colony, Texas, this 5th day of December, 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 219 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider approving the City Council meeting schedule for 2024. (Council) Suggested Action: Attachments: Council Meeting Dates - Schedule 2024.pdf 220 2024 City Council Meeting Dates City of The Colony Council meetings are normally the 1st and 3rd Tuesdays of each month. January 2 January 16 February 6 February 20 March 5 (LISD Spring Break March 11-15) March 19 April 2 April 16 May 7 May 21 June 4 June 18 July 2 July 16 August 6 August 20 September 3 September 17 October 2 (Wed due to National Night Out Oc.t 1st) October 15 November 6 (Wed due to Election Day Nov. 5th) November 19 December 3 December 17 This schedule is subject to change. Confirmation of dates is recommended during months with holidays. 221 Agenda Item No:5.4 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and elect Mayor Pro Tem and Deputy Mayor Pro Tem according to the Code of Ordinances, Chapter 2, Section 2-4 (b). (Council) Suggested Action: Attachments: Mayor and Deputy Mayor Pro Tem.pdf 222 223 Agenda Item No:5.5 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number One Board of Directors. (Council) Suggested Action: Attachments: TIRZ #1 Members.pdf 224 Updated: December 2022 TAX INCREMENT REINVESTMENT ZONE NO. 1 TERM NAME PLACE ORIG.APPOINTMENT EXPIRES Brian Wade 1 2021 12-24 Richard Boyer, Chair 2 2011 12-24 Troy Powell 3 2011 12-24 Tim Miller, Secretary 4 2011 12-24 David Terre 5 2021 12-24 Joel Marks 6 2011 12-23 Perry Schrag 7 2011 12-23 Commissioner Kevin Falconer 8 2011 12-23 County appoints Commissioner Barry Jordan 9 2018 12-23 1819 Addington Drive County appoints Carrollton, TX 75007 Terms: 2 years, staggered Members: 9 Designated area is Grandscape 225 Agenda Item No:5.6 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number One Board of Directors to serve as Chairman for a one-year term. (Council) Suggested Action: Attachments: TIRZ #1 Section 2-3 of TC Ordinance No. 2011-1926.pdf 226 227 Agenda Item No:5.7 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number Two Board of Directors. (Council) Suggested Action: Attachments: TIRZ #2 Members.pdf 228 Updated December 2022 TAX INCREMENT REINVESTMENT ZONE NO. 2 NAME PLACE ORIG.APPOINT EXPIRES TERM Judy Ensweiler 1 12-21 12-23 Richard Boyer, Chair 2 12-13 12-23 Robyn Holtz 3 12-21 12-23 Troy Powell 4 12-13 12-24 Tim Miller 5 12-13 12-24 Joel Marks, Secretary 6 12-13 12-24 David Terre 7 12-14 12-24 Kristian Teleki 8 12-13 12-23 320 W. Main Lewisville, TX 75057 . Mary Day 9 12-22 12-23 320 W Main St Lewisville, TX 75057 Terms: 2 years, staggered Members: 9 Created by Ord No. 2013-2034, December 3, 2013 Designated Area is The Tribute 229 Agenda Item No:5.8 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number Two Board of Directors as Chairman for a one-year term. (Council) Suggested Action: Attachments: TIRZ #2 Section 2-3 of TC Ordinance No. 2013-3034.pdf 230 231 Agenda Item No:5.9 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider making appointments to the Local Development Corporation Board of Directors. (Council) Suggested Action: Attachments: LDC Members.pdf 232 Updated December 2022 LOCAL DEVELOPMENT CORPORATION TERM NAME PLACE ORIG.APPOINTMENT EXPIRES Judy Ensweiler 1 12-21 12-24 Richard Boyer, Chair 2 11-11 12-24 Brian Wade 3 12-16 12-24 Troy Powell 4 11-11 12-24 Robyn Holtz 5 12-22 12-24 David Terre, Secretary 6 11-11 12-23 Kirk Mikulec, Vice-Pres. 7 11-11 12-23 Perry Schrag 8 11-11 12-23 Joel Marks 9 11-11 12-23 Terms: 2 years, staggered Members: 9 233 Agenda Item No:5.10 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider appointing a member of the Local Development Corporation Board of Directors to serve as Chairman for a one-year term. (Council) Suggested Action: Attachments: Article II of LDC Bylaws.pdf 234 235 236 Agenda Item No:5.11 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider making appointments to the Hotel Development Corporation Board of Directors. (Council) Suggested Action: Attachments: HDC Members.pdf 237 Updated December 2022 HOTEL DEVELOPMENT CORPORATION TERM NAME PLACE ORIG.APPOINTMENT EXPIRES Judy Ensweiler 1 12-21 12-24 Richard Boyer, Chair 2 01-21 12-24 Brian Wade 3 01-21 12-24 Troy Powell, Treasurer 4 01-21 12-24 Tim Miller 5 01-21 12-24 David Terre, Secretary 6 01-21 12-23 Robyn Holtz 7 12-21 12-23 Perry Schrag 8 01-21 12-23 Joel Marks 9 01-21 12-23 Terms: 2 years, staggered Members: 9 238 Agenda Item No:5.12 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider appointing a member to the Hotel Development Corporation Board of Directors to serve as Chairman for a one-year term. (Council) Suggested Action: Attachments: Article II of HDC Bylaws.pdf 239 240 Agenda Item No:5.13 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Appointment of Council Liaisons to various city boards, commissions and committees. (Mayor) Suggested Action: Attachments: 241 Agenda Item No:5.14 CITY COUNCIL Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider rescheduling or canceling the December 19, 2023 City Council meeting (Observance of Christmas) and provide direction to staff. (Council) Suggested Action: Attachments: 242 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: December 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 Section 551.071 of the Texas Government Code to consult with the city attorney regarding revocations of invalid Specific Use Permits. B. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 243 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: December 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 revocations of invalid Specific Use Permits. B. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 244