HomeMy WebLinkAboutCity Packets - City Council - 01/02/2024 - RegularAgenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
4
Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Kimberly Thompson
Submitting Department: Parks & Recreation
Item Type: Presentation
Agenda Section:
Subject:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)
Suggested Action:
Attachments:
5
Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
6
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes from December 5, 2023. (Stewart)
Suggested Action:
Attachments:
December 5, 2023 DRAFT Minutes.docx
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
DECEMBER 5, 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 5
th day of December 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
Dan Rainey, Councilmember
Perry Schrag, Deputy Mayor Pro Tem
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Present
And with 7 councilmembers present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor Boyer called the meeting to order at 6:30 p.m.
1.2 Invocation
Pastor James Jenkins with Friendship Baptist Church delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
Mayor commended staff for their efforts with the Holiday parade.
1.5.1 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
Special Events Supervisor, Lindsey Stansell, provided upcoming events and
activities to the Council.
2.0 CITIZEN INPUT
A.B. Martin, 4008 Steepleridge Drive, spoke concerning trash on FM423.
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City Council – Regular Meeting Agenda
December 5, 2023
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3.0 WORK SESSION
3.1 Council to receive a presentation from Library/CVB regarding a special event for
the April 8, 2024 total solar eclipse.
Library Director, Megan Charters, along with Director of The Convention &
Visitors Bureau, Mariko Lanicek, provided an overview of this item. Events
Specialist, Chrystie Gibbs and Youth Services Librarian, Jacquelyn Yu, spoke on
the item.
3.2 Discuss and provide direction to Staff regarding sale and service of alcohol at
Fivestar Park by The Athletic Club.
Deputy City Manager, Brant Shallenburger, provided an overview on this item. He
presented two options concerning the sale of alcoholic beverages at the site. First
option, consumption at concessions within designated fenced areas; Second option,
a long-term planned development to apply specific rules to the property.
Eric Woerner with The Athletic Club answered questions from Council.
Council provided discussion on this item. Upon completion of the building, the sale
and consumption of alcohol to be allowed within a confined outdoor dining area
around the building and concession stands. Staff will prepare the planned
development proposal and bring before Council later for approval.
3.3 Discuss and receive input on proposed revisions to The Colony's short-term rental
ordinance.
Deputy City Manager, Joe Perez, provided an overview on this item.
Council provided discussion. Staff to finalize the proposed ordinance and bring
back the item on the next Council meeting.
3.4 Council to provide direction to staff regarding future agenda items.
None.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item No 4.9
- Ensweiler; second by Wade, motion carried with all ayes.
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City Council – Regular Meeting Agenda
December 5, 2023
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4.1 Consider approving City Council Regular meeting minutes from November 21,
2023.
4.2 Consider approving Council expenditures for September and October 2023.
4.3 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.
ORDINANCE NO. 2023-2541
4.4 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.
RESOLUTION NO. 2023-103
4.5 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.
RESOLUTION NO. 2023-104
4.6 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.
RESOLUTION NO. 2023-105
4.7 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.
RESOLUTION NO. 2023-106
4.8 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).
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December 5, 2023
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RESOLUTION NO. 2023-107
***Item No. 4.9 was pulled from the consent agenda for separate discussion.***
4.9 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.
A.B. Martin, 4008 Steepleridge Drive, appeared in support of this item.
Motion to approve- Wade; second by Rainey, motion carried with all ayes.
RESOLUTION NO. 2023-108
4.10 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.
ORDINANCE NO. 2023-2542
4.11 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.
RESOLUTION NO. 2023-109
4.12 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.
RESOLUTION NO. 2023-110
4.13 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.
RESOLUTION NO. 2023-111
5.0 REGULAR AGENDA ITEMS
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City Council – Regular Meeting Agenda
December 5, 2023
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5.1 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.
Director of Planning, Isaac Williams, gave an overview of the proposed site plan.
Director of Engineer, Ron Hartline and URWLD Representative, Kevin Bacon,
answered questions from Council.
Motion to approve –Ensweiler; second by Holtz, motion carried with all ayes.
ORDINANCE NO. 2023-2543
5.2 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.
The public hearing was opened at 7:55 p.m.
Motion to continue public hearing and action to February 20, 2024- Wade; second by
Marks, motion carried with all ayes.
5.3 Discuss and consider approving the City Council meeting schedule for 2024.
Motion to approve as amended–Schrag; second by Ensweiler, motion carried with all ayes.
5.4 Discuss and elect Mayor Pro Tem and Deputy Mayor Pro Tem according to the
Code of Ordinances, Chapter 2, Section 2-4 (b).
Motion to approve the nominations of Perry Schrag as Mayor Pro Tem and Judy Ensweiler as
Deputy Mayor Pro Tem–Wade; second by Holtz, motion carried with all ayes.
5.5 Discuss and consider making appointments to the Tax Increment Reinvestment
Zone Number One Board of Directors.
Motion to approve the reappointments of all members and the appointment of Judy Ensweiler
to Place 5–Wade; second by Schrag, motion carried with all ayes.
5.6 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.
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City Council – Regular Meeting Agenda
December 5, 2023
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Motion to approve the reinstatement of the chair, Mayor Boyer–Wade; second by Ensweiler,
motion carried with all ayes.
5.7 Discuss and consider making appointments to the Tax Increment Reinvestment
Zone Number Two Board of Directors.
Motion to approve the reappointments of all members and the appointment of Dan Rainey to
Place 7–Wade; second by Ensweiler, motion carried with all ayes.
5.8 Discuss and consider appointing a member of the Tax Increment Reinvestment
Zone Number Two Board of Directors as Chairman for a one-year term.
Motion to approve the reinstatement of the chair, Mayor Boyer–Wade; second by Ensweiler,
motion carried with all ayes.
5.9 Discuss and consider making appointments to the Local Development Corporation
Board of Directors.
Motion to approve the reappointments of all members and the appointment of Dan Rainey to
Place 6–Wade; second by Ensweiler, motion carried with all ayes.
5.10 Discuss and consider appointing a member of the Local Development Corporation
Board of Directors to serve as Chairman for a one-year term.
Motion to approve the reinstatement of the chair, Mayor Boyer–Wade; second by Schrag,
motion carried with all ayes.
5.11 Discuss and consider making appointments to the Hotel Development Corporation
Board of Directors.
Motion to approve the reappointments of all members and the appointment of Dan Rainey to
Place 6–Wade; second by Ensweiler, motion carried with all ayes.
5.12 Discuss and consider appointing a member to the Hotel Development Corporation
Board of Directors to serve as Chairman for a one-year term.
Motion to approve the reinstatement of the chair, Mayor Boyer–Wade; second by Schrag,
motion carried with all ayes.
5.13 Appointment of Council Liaisons to various city boards, commissions and
committees.
Mayor announced the following 2024 Council Liaison appointments:
Planning and Zoning – Brian Wade, Alternate Judy Ensweiler;
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City Council – Regular Meeting Agenda
December 5, 2023
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Economic Development Corporation – Perry Schrag, Alternate Brian Wade;
Community Development Corporation – Robyn Holtz, Alternate Joel Marks;
Keep The Colony Beautiful – Joel Marks;
Library – Judy Ensweiler;
Board of Adjustments/Sign Board – Dan Rainey;
Technology – Perry Schrag;
Animal Control Board – Brian Wade;
Veteran’s Advisory Committee – Dan Rainey; and
Solid Waste Committee – Richard Boyer, Perry Schrag and Judy Ensweiler.
5.14 Discuss and consider rescheduling or canceling the December 19, 2023 City
Council meeting (Observance of Christmas) and provide direction to staff.
Motion to cancel the December 19, 2023 City Council meeting (Observance of Christmas)–
Schrag; second by Wade, motion carried with all ayes.
Executive Session was convened at 8:15 p.m.
6.0 EXECUTIVE SESSION
6.1 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).
Regular Session was reconvened at 9:08 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding revocations of invalid
Specific Use Permits.
No Action
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).
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 9:08 p.m.
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December 5, 2023
Page| 8
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
15
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Megan Charters
Submitting Department: Library
Item Type: Ordinance
Agenda Section:
Subject:
Consider approving an ordinance budget amendment to supplement the approved FY 23-24 General Fund in
the amount of $5,000 for the 2024 Total Solar Eclipse special event. (Charters)
Suggested Action:
Following the presentation to Council on December 5, this request has been approved by Finance and City
Administration. This budget amendment from the General Fund Balance will supplement funds from the Library,
CVB, and Parks & Recreation budgets to pay for rentals, promotion, printing, food & beverage services,
activities, and giveaways for the Total Solar Eclipse special event on April 8, 2024.
Attachments:
Budget Amendment Request Signed.pdf
The Colony - Ord - Budget Amendment - Library Fund for Total Eclipse.pdf
16
17
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2024 - _________
AMENDING THE FISCAL YEAR 2023-2024 BUDGET
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, 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 AN
AMENDMENT TO THE FISCAL YEAR 2023-2024 BUDGET BY
TRANSFERRING $5,000.00 FROM THE CITY’S GENERAL FUND TO THE
LIBRARY DEPARTMENT FUND FOR THE TOTAL SOLAR ECLIPSE
SPECIAL EVENT TO BE HELD ON APRIL 8, 2024; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND
PROVIDING FOR 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
September 19, 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 Council of the City of The Colony, Texas, finds it in the best interest
of the City to transfer $5,000.00 from the City’s General Fund to the Library Department Fund for
the total solar eclipse special event to be held on April 8, 2024; and
WHEREAS, the City Council of the City of The Colony, Texas, has reviewed the budget
and has determined that a valid municipal purpose is served by such budget amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. INCORPORATION OF PREMISES.
That the above and foregoing premises are incorporated into the body of this Ordinance as
if copied herein in their entirety.
SECTION 2. AMENDMENT AND ADOPTION.
That the Library Department Fund 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, Texas, on September 19, 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.
18
2
SECTION 3. BUDGET AMENDMENT.
That the City Council of the City of The Colony, Texas, finds and determines that $5,000.00
shall be transferred from the City’s General Fund to the Library Department Fund for the total solar
eclipse special event on April 8, 2024.
SECTION 4. SEVERABILITY CLAUSE.
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 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 Cit y Council without
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or
section.
SECTION 5. SAVINGS CLAUSE.
All rights and remedies of the City of The Colony, Texas, 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 Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 6. 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 THE 2ND DAY OF JANUARY, 2024.
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
19
3
Jeffrey L. Moore, City Attorney
20
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Kimberly Thompson
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute the submission of a grant application
to the State of Texas, acting by and through the Texas Department of Transportation for the 2025 Selective
Traffic Enforcement Program (STEP). (Coulon)
Suggested Action:
Attachments:
TxDOT STEP Proposal.pdf
Res. 2024-xxx TxDOT grant submission for STEP.docx
21
1
The Colony Police Department
Texas Department of Transportation Traffic Safety eGrant
Selective Traffic Enforcement Program (STEP)
Comprehensive Grant Proposal
10/01/2024 – 09/30/2025
22
TXDOT GRANT PROPOSAL 2
ABSTRACT
The Colony Police Department is seeking approval to participate in a Selective Traffic
Enforcement Program (STEP) Comprehensive grant issued through the Traffic Safety Division at
the Texas Department of Transportation (TxDOT). This grant provides $11,944.00 of overtime
for officers to work high visibility enforcement in targeted areas identified by TxDOT of having
the highest crash probability. TxDOT requires the department to contribute at least 20% of the
awarded funds. The City of The Colony would be responsible for a portion of the cost to operate
this grant, including $2,551.24 of benefits (retirement and FICA) on the overtime hours worked
and $1,194.40 of indirect operational costs.
PROGRAM ELEMENTS
Officers performing enforcement activities under this grant, will make the below offenses their
top priority, however, any traffic-related probable cause can be used to initiate a vehicle stop.
1. DWI: Driving While Intoxicated
2. Speed: Speed Enforcement
3. OP: Occupant Protection (Safety Belt and Child Safety Seat)
4. ITC: Intersection Traffic Control (Traffic control signals and stop signs)
5. DD: Distracted Driving
Officers are required to average 2 ½ traffic stops per hour while participating in enforcement
activities. There is no obligation to issue citations and/or make arrests. The overall goal of this
program is voluntary compliance though high visibility enforcement and education.
ENFORCEMENT PERIODS
Enforcement activities under this grant may be conducted on any day at any time of the day
The Colony Police Department deems appropriate. However, the department will show a
priority to conduct enforcement activities during state and federally determined holiday
periods, which are:
1. Christmas / New Year’s
2. Spring Break
3. Memorial Day
4. Independence Day
5. Labor Day
23
TXDOT GRANT PROPOSAL 3
REASONING
The Colony Police Department has worked 24 fatality or suspected serious-injury crashes
between August 2022 and July 2023. Of these 24 crashes, 8 were related to Intersection Traffic
Control laws, 7 to speed, 3 to distracted driving, and 4 related to Driving While Intoxicated
(DWI). The goal of this initiative is to reduce the number of these crashes. (Texas Department of
Transporation, 2022 - 2023)
GOALS AND STRATEGIES
Goal: To increase effective enforcement and adjudication of traffic safety-related laws to
reduce crashes, injuries, and fatalities.
Strategies: Increase and sustain high visibility enforcement of traffic safety-related laws.
Goal: To reduce the number of alcohol impaired and driving under the influence of alcohol and
other drug-related crashes, injuries, fatalities.
Strategy: Increase and sustain high visibility enforcement of DWI laws.
Goal: To increase occupant restraint use, including child-safety seats, in all passenger vehicles
and trucks.
Strategy: Increase and sustain high visibility enforcement of occupant protection laws.
Goals: To reduce the number of speed-related crashes, injuries, and fatalities.
Strategy: Increase and sustain high visibility enforcement of speed-related laws.
Goals: To reduce intersection-related motor vehicle crashes, injuries, and fatalities.
Strategy: Increase and sustain high visibility enforcement of Intersection Traffic Control (ITC)
laws.
Goal: To reduce distracted driving motor vehicle crashes, injuries, and fatalities.
Strategies: Increase and sustain high visibility enforcement of state and local ordinances on
cellular and texting devices. Increase public information and education on Distracted Driving
related traffic issues.
OBJECTIVE / PERFORMANCE MEASURE:
Reduce crashes.
Objective / Performance Measure Target # Previous Year #
Reduce the number of alcohol-involved crashes to 2 4
Reduce the number of speed-related crashes to 5 7
Reduce the number of all OP-related crashes to 2 3
Reduce the number of ITC-related crashes to 6 8
24
TXDOT GRANT PROPOSAL 4
BUDGET SUMMARY:
Budget Category TxDOT City of The Colony Match Total
Salaries $11,944.00 $0 $11,944.00
Benefits
(Retirement and FICA)
$0 $2,551.24 $2,551.24
Indirect Costs $0 $1,194.40 $1,194.40
Total $11,944.00 $3,745.64 $15,689.64
NUMBER OF HOURS TO BE WORKED:
Rank Hours Average Hourly Rate
Officers 175 hours $60.00
Sergeants 19 hours $76.00
SUMMARY:
The utilization of comprehensive STEP grant funds will allow The Colony Police Department to
deploy officers into specific targeted areas to conduct high visibility enforcement. These areas
are determined through the TxDOT crash database, which shows roadways and intersections
with the highest probability of a crash occurring. This enforcement will not only impact the
stopped motorist but will be a visual deterrent to other motorists in the area. This grant allows
the department to be specific with enforcement and not solely rely on patrol officers, who at
times do not have the availability to dedicate to traffic and DWI enforcement.
25
TXDOT GRANT PROPOSAL 5
REFERENCES
Texas Department of Transporation. (2022 - 2023, August - July). FY2025 STEP WebApp.
Retrieved from buckleuptexas.com:
https://experience.arcgis.com/experience/06bfca3510e54e76bddbde211b8ff35e?data_id=data
Source_4-0%3A1110
26
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBMISSION OF A
GRANT APPLICATION TO THE STATE OF TEXAS, ACTING BY AND THROUGH
THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE 2025 SELECTIVE
TRAFFIC ENFORCEMENT PROGRAM (STEP); AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of The Colony finds it in the best interest of the citizens of The
Colony that the Texas Department of Transportation Selective Traffic Enforcement Program
(STEP) grant be operated for the 2024/2025 Fiscal Year; and
WHEREAS,the City of The Colony agrees to provide the required contribution of at least
20% of the awarded funds; and
WHEREAS,the City of The Colony agrees that in the event of loss or misuse of the Texas
Department of Transportation funds, the City of The Colony assures that the funds will be returned
to the Texas Department of Transportation in full; and
WHEREAS,the City of The Colony designates the City Manager or his designee as the
grantee’s authorized official. The authorized official is given the power to apply for, accept, reject,
alter or terminate the grant on behalf of the applicant agency; and
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 execute the submission of the grant application for the FY 2024/2025 Texas Department
of Transportation Selective Traffic Enforcement Program (STEP).
Section 2. That the City Manager and/or his designee are authorized to apply for, accept,
reject, alter or terminate the grant on behalf of the applicant agency; and
Section 3. This possesses legal authority to apply for the grant, and that a resolution,
motion or similar action has been duly adopted or passed as an official act of the applicant’s
governing body, authorizing the filing of the application, including all understandings and
assurances contained in the application, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with the application and to provide any
additional information that may be required.
Section 4.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 2ND DAY OF JANUARY, 2024.
27
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
28
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Memorandum of Understanding
between the City of Denton, Texas and the City of The Colony, Texas for the U.S. Department of Justice
Edward Byrne Justice Assistance Grant (JAG) Program. (Winnett)
Suggested Action:
Attachments:
Denton MOU with Colony JAG Grant 2023 (1).docx
Res. 2024-xxx MOU for JAG grant.docx
29
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DENTON, TEXAS, AND THE CITY OF THE COLONY, TEXAS –
U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE JUSTICE
ASSISTANCE GRANT PROGRAM
This Memorandum of Understanding (MOU) is made and entered into by and between The CITY of
DENTON, TEXAS, and the City of the Colony, Texas (“The Parties”).
I.THE PARTIES:
Receiving Party:City of the Colony, Texas, by and through its Police Department
("LPD" or “Receiving Party”), a local government of the State of Texas.
The Colony Police Department
5151 N Colony Blvd
The Colony, Texas 75056
Phone: 972-625-1887
Attn: David Coulon, Chief of Police
Email: dcoulon@thecolonytx.gov
Performing Party: City of Denton, Texas, by and through its Police Department
(“DPD” or “Performing Party”), a local government of the State of Texas.
Denton Police Department
601 E. Hickory Street
Denton, TX 76205
Phone: 940-349-8181
Attn: Doug Shoemaker, Chief Police
Email:Doug.Shoemaker@cityofdenton.com
II.THE AWARDING OF THE DEPARTMENT OF JUSTICE ASSISTANCE GRANT:
On June 30, 2023, the U.S. Department of Justice - Office of Justice Programs - Edward
Byrne Justice Assistance Grant (“JAG Grant”) issued Local Solicitation Number O-BJA-
2023-171790 for FY 2023 (Exhibit “A”). This program furthers the Department of Justice
mission by assisting state, local, and tribal law enforcement efforts to prevent or reduce
crime and violence.
Pursuant to this solicitation and in accordance with the 2023 Texas Local JAG Allocation,
Denton County, Texas, the City of Denton, Texas, the City of Lewisville, Texas, and the
30
City of the Colony, Texas, were eligible for a JAG Grant totaling $71,615, in the following
amounts:
a. The City of Denton: $34,143.
b. The City of Lewisville: $24,596.
c. The City of the Colony: $12,876.
d. Denton County: No amount was specified as Denton County did not submit the
level of violent crime date to qualify for a direct award from the Bureau of Justice
Assistance (“BJA”).
The City of Denton applied for this solicitation and was awarded a JAG Grant for FY 2023
in the amount of $71,615 (Exhibit “B”). Neither the City of Lewisville, the City of the Colony,
nor Denton County applied for this solicitation. Although the City of Lewisville, the City of
the Colony, and Denton County did not apply for this solicitation, the City of Denton
understood that the funds could be shared with them through a Memorandum of
Understanding.
The DPD applied for grant funding for the purchase of outer vest carriers (w/o ballistic
panels), attachments for non-uniformed personnel, & safety equipment for firearms
training.
IV.SERVICES TO BE PERFORMED AND OBLIGATIONS:
1.The CPD agrees to purchase outer vest carriers (w/o ballistic panels),
attachments for non-uniformed personnel, and/or safety equipment for firearms
training not to exceed $12,876.
2.The City of Denton will reimburse funds once equipment is purchased, and
documents are provided.
3.It is the Parties understanding that this agreement is permitted by the JAG Grant
and is for a legitimate law enforcement purpose.
4.The CPD agrees that it will follow all applicable obligations under the JAG Grant
that extend to the use of equipment purchased.
5.Each Party shall be responsible for its own record keeping and compliance as
required by the JAG Grant.
V.AMOUNT SHARED:
The amount paid to The City of Colony shall not exceed $12,876.
VI.WARRANTIES AND DISCLAIMER:
31
1. Each Party warrants (1) it has authority to perform the services under authority
granted by the Texas Constitution as a Home Rule Municipalityand Chapter 791,
Texas Government Code; (2) it has all necessary power and has received all
necessary approvals to execute and deliver this MOU, and (3) the representative
signing this MOU on Performing Party’s behalf is authorized by its governing
body to do so.
VII.TERM AND TERMINATION:
1. The terms in Sections IV.3-5, Article VI, Article VIII, and Article X shall survive
the termination of this Agreement until such time as the applicable statute of
limitations period has run, taking into account any applicable tolling principles.
VIII.NO WAIVER OF IMMUNITY:
It is expressly understood and agreed that under this MOU, neither party waives,
nor shall be deemed to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and
functions.
IX.INDEPENDENT CONTRACTOR:
Nothing contained herein shall be deemed or construed by the Parties, nor by any
third party, as creating the relationship of principal and agent or of partnership or of
joint venture between the Parties. Receiving Party assumes no liability for any
Performers Party or Performing Party’s Police actions and performance, and
nothing herein contained shall be construed as limiting in any way the extent to
which the Performing Party or the Performing Party’s Police(s) may be held
Damages to persons or property resulting from the Receiving Party’s Officer(s)
performance of the work covered under this MOU.
X.ADDITIONAL TERMS AND CONDITIONS:
Venue; Governing Law.Denton County Texas will be the proper place of venue for
suit on or in respectof this MOU. This MOU, all of its terms and conditions, all rights
and obligations of the parties, and all claims arising out oforrelating tothisMOU, will
be construed, interpreted and appliedin accordance with, governed by and enforced
under, the laws of the State of Texas.
Entire Agreement; Modifications.This MOU supersedes all prior agreements,
written or oral, between Performing Party and Receiving Party and will constitute the
entire agreement and understanding between the parties with respect to its subject
matter. This MOU and each of its provisions will be binding on the parties, and may
not be waived, modified, amended, or altered, except by a writing signed by a duly
authorized representative of both Parties.
32
Assignment.This MOU is not transferable or assignable except upon written
approval by the Parties.
Severability. If any one or more of the provisions of this MOU will for any reason be
held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality or
unenforceability will not affect any other provision, and this MOU will be construed as
if the invalid, illegal, or unenforceable provisions had never been included.
Public Records.It will be the independent responsibility of Receiving Party and
Performing Party to comply with Chapter 552,Government Code (Public
Information Act), as it applies to the Parties’ respective information. Receiving Party
is not authorized to receive public information requests or take any action under the
Public Information Act on behalf of Performing Party. Likewise, Performing Party is
not authorizedto receivepublicinformationrequests or take anyotheraction under the
Public Information Act on behalf of Receiving Party.
FOR THE CITY OF THE COLONY, TEXAS FOR THE CITY OF DENTON, TEXAS
______________________________ ______________________________
Troy Powell, City Manager Sara Hensley, City Manager
City of the Colony, Texas City of Denton, Texas
Date: _________________________ Date: _________________________
APPROVED AS TO FORM AND CONTENT:
By: ______________________________ By: ______________________________
Jeff Moore, City Attorney Mack Reinwand, City Attorney
City of the Colony, Texas City of Denton, Texas
33
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF
THE COLONY, TEXAS FOR THE U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE
JUSTICE ASSISTANCE GRANT (JAG) PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on June 30, 2023, the U.S. Department of Justice – Office of Justice
Programs – Edward Byrne Justice Assistance Grant (“JAG Grant”) issued Local Solicitation
Number O-BJA-2023-171790 for FY 2023; and
WHEREAS,this program furthers the Department of Justice mission by assisting state,
local and tribal law enforcement efforts to prevent or reduce crime and violence; and
WHEREAS,pursuant to this solicitation and in accordance with the 2023 Texas Local
JAG Allocation, Denton County, Texas, the City of Denton, Texas, the City of Lewisville, Texas,
and the City of The Colony, Texas were eligible for a JAG grant totaling $71,615.00 in the
following amounts:
a. The City of Denton: $34,143.00
b. The City of Lewisville: $24,596.00
c. City of The Colony: $12,876.00
d. Denton County: No amount was specified as Denton County did not submit the level
of violent crime datato qualify for a direct awardfrom the Bureau of Justice Assistance
(“BJA”).
WHEREAS,the City of Denton applied for this solicitation and was awarded a JAG grant
for FY 2023 in the amount of $71,615.00.
WHEREAS,neither the City of Lewisville, the City of The Colony, nor Denton County
applied for this solicitation.
WHEREAS,although the City of Lewisville, the City of The Colony and Denton County
did not apply for this solicitation, the City of Denton understood that the funds could be shared
with them through a Memorandum of Understanding; and
WHEREAS,the City of The Colony’s Police Department agrees to purchase outer vest
carriers (w/o ballistic panels), attachments for non-uniformed personnel, and/or safety equipment
for firearms training not to exceed $12,876.00; and
WHEREAS,the City of Denton will reimburse funds once equipment is purchased and
documents are provided.
WHEREAS,it is the parties understanding that this agreement is permitted by the JAG
grant and is for a legitimate law enforcement purpose.
WHEREAS,the City of The Colony’s Police Department agrees that it will follow all
34
applicable obligations under the JAG Grant that extend to the use of equipment purchased; and
WHEREAS,each party shall be responsible for its own record keeping and compliance as
required by the JAG grant.
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 execute a Memorandum of Understanding between the City of Denton, Texas and the
City of The Colony, Texas for the U.S. Department of Justice Edward Byrne Justice Assistance Grant
(JAG) program.
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 2ND DAY OF JANUARY, 2024.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
35
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
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 H & H Concrete On
Demand in the amount of $450,000.00 for the purchase of concrete, flow-fill, and site-mix for sidewalk, alley,
street, curb and gutter repairs. (Whitt)
Suggested Action:
Attachments:
H H Concrete on Demand Expiration July 22, 2024.pdf
HH 2023 Price Increase Letter (Mid Year).pdf
2023 supplier increase letters (Spring and mid year) .pdf
Res. 2024-xxx H&H Concrete On Demand.docx
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO H&H
CONCRETE ON DEMAND FOR THE PURCHASE OF CONCRETE, FLOW-FILL AND
SITE-MIX FOR SIDEWALK, ALLEY, STREET, CURB AND GUTTER REPAIRS; 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, Texashereby authorizes the City
Manager to issue a purchase order to H&H Concrete On Demand in the amount of $450,000.00 for
the purchase of concrete, flow-fill and site-mix for sidewalk, alley, street, curb and gutter repairs.
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 2ND DAY OF JANUARY, 2024.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
58
Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
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 the Camelot landfill
in the amount of $250,000.00 for the disposal of solid waste from the Wastewater Treatment Plant. (Whitt)
Suggested Action:
Attachments:
SOLID WASTE HAULING.pptx
Res. 2024-xxx Disposal of solid waste.docx
59
60
Plan A (Original operations)
Contractor hauling 6000 tons
◦Location Camelot landfill
◦Cost: $150 per ton
◦Annual expenditure $900,000
Plan B
Switched to The Colony hauling
◦Location Denton landfill ½ day
◦Cost: $88 per ton
◦Annual expenditure $360,000
Plan C (Current Operations)
Continue The Colony hauling
◦Location Camelot landfill full day
◦Cost: $45 per ton
◦Annual expenditure $270,000
61
62
Using the Denton landfill we could only haul half of the solid
waste we generated due to half day landfill operations.
We were still relying on vendor to supplement hauling
Both trailers wenches failed necessitating the use of a vendor full
time
Cost increased exhausting the existing purchase order.
Need new P.O. for $250,000 from existing contractual services
budget
63
What happened
Wench and cable were being used to secure bin on the trailer.
Wenches were being used at capacity
Unloading on uneven, soft, loose footing at the landfill
What we did
Fleet rebuilt and upsized wenches, upsized electrical wiring, solar
charging panels, snatch blocks, switched to synthetic winch rope,
welded anchor points to secure bins.
Wenches are operating well within their operational capacity
Reduced load size due to all day hauling
64
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE
CAMELOT LANDFILL FOR THE DISPOSAL OF SOLID WASTE FROM THE
WASTEWATER TREATMENT PLANT; 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 Camelot Landfill in the amount of $250,000.00 for the disposal
of solid waste from the Wastewater Treatment Plant.
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 2ND DAY OF JANUARY, 2024.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
65
Agenda Item No:4.7
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Calvin Lehmann
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a construction contract with CGC
General Contractors, Inc. in the amount of $197,970.59 for the construction of Bill Allen Memorial Park
Playground. (Lehmann)
Suggested Action:
Attachments:
Bill Allen CGC Construction Costs Memo.doc
2023-12-08 - Bid Summary.pdf
Expanded Bid Tab - Bill Allen.pdf
CGC Contract Documents.pdf
Res. 2024-xxx Bill Allen Memorial Park.doc
66
1
Parks and Recreation
Memo
To:Mayor & Council
From:Calvin Lehmann, Parks Development Manager
CC:Troy Powell, City Manager
Jackie Kopsa, Community Services Director
Date:12/22/2023
Re:Bill Allen Memorial Park Playground
The Parks & Recreation Department would like to execute a Construction Contract with CGC
General Contractors, Inc. for $197,970.59.
Background: City Council approved funding of $535,000.00 for the Bill Allen Memorial Park
Playground Replacement in the 2022-2023 budget. In 2023, Council approved a design
agreement with Kimley-Horn for the replacement and relocation of the playground. A public
vote was held between two playground providers, and Whirlix was selected during the design
process. The existing playground is going on 20-plus years old, and flooding occurs after
each major rain occurrence, washing out the engineered wood fiber, which is the reason for
relocation.
With the design complete, we received 6 sealed bids in December of 2023, with (1) being
incomplete. After reviewing the overall budget ($535,000.00) compared to the Total Base
Bids, we were advised by Kimley-Horn that the synthetic turf play surfacing and playground
equipment be purchased by the City through BuyBoard for a discounted price. After removing
playground and synthetic turf from the scope of work across the board, the low bidder is CGC
General Contractors with a price of $197,970.59 for construction costs.
The BuyBoard Price for the installation of the Playground Equipment ($139,707.00) and Turf
($131,125.00) is $270,832.00, and the Kimley-Horn consultant fee of $73,800.00 brings the
total cost to complete the playground to $542,602.59. We have an additional $8,620.08 for
Bill Allen Improvements that can be used for the playground costs.
Kimley-Horn and Staff feel confident moving forward with CGC General Contractors to lock in
current pricing for construction and playground materials. If approved, we will bring the
playground and turf BuyBoard Contract back to CDC and Council for approval.
67
Mr. Calvin Lehmann
Park Development Manager
5151 N Colony Blvd
The Colony, TX 75056
(972) 624 – 3958
Bill Allen Memorial Park – Bid Summary
Dear Calvin,
On November 29th, 2023, the City of the Colony received six bid proposals for the Bill Allen
Memorial Park. The following bid results were read on Wednesday, 2:00 PM November 29th, 2023, are
listed below. North Park did not include moisture conditioning and has therefore been disqualified.
Revised Bid Numbers are also noted below.
Contractors Total Base Bid Revised Bid
CGC General Contractors Inc $577,960.86 $197,970.59
C Green $572,468.84 $0
Millis Development & Construction - Dallas, LLC $632,564.52 $327,657.84
LJ Design & Construction LLC $606,946.80 $265,919.13
Ratliff Hardscape Ltd $595,441.99 $273,774.99
After reviewing the overall budget ($535,000.00) compared to the Total Base Bids we
recommend that the synthetic turf play surfacing and playground equipment be purchased by the city
through BuyBoard. At this point, C Green removed their bid from the list. The below shows the revised
total base bids with the consultant fee.
Contractors: CGC MD LJ RH
Revised Total Base Bid: $197,970.59 $327,657.84 $265,919.13 $273,774.99
Bid #14 and #16 Purchased with
BuyBoard $270,832 $270,832 $270,832 $270,832
Revised Total Base Bid with Consultant
Fee and BuyBoard Purchases: $542,602.59 $672,289.84 $610,551.13 $618,406.99
It is our understanding that there is adequate funding to award the project to CGC General Contractors,
Inc. Based on the information provided above, the project references and previous working experience,
we find no reason why the City should not award the project to CGC General Contractors, Inc.
Sincerely,
Leah Campbell
68
ITEM # DESCRIPTON U/M QTY UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $
BILL ALLEN MEMORIAL PARK
1 Construction Staking LS
1
$9,000.00 $9,000.00 $0.00 $0.00 $328.31 $328.31 $328.31 $328.31 $7,560.00 $7,560.00 $7,560.00 $7,560.00 $3,723.13 $3,723.13 $3,723.13 $3,723.13 $11,800.00 $11,800.00 $11,800.00 $11,800.00 $3,519.90 $3,519.90 $0.00 $0.00
2 Silt Fence & Erosion Control Methods LF
406
$14.60 $5,927.60 $0.00 $0.00 $7.08 $2,873.19 $7.08 $2,873.19 $5.74 $2,330.44 $5.74 $2,330.44 $6.10 $2,476.60 $6.10 $2,476.60 $21.25 $8,627.50 $21.25 $8,627.50 $4.36 $1,770.16 $0.00 $0.00
3 Stabilized Construction Entrance LS
1
$6,525.00 $6,525.00 $0.00 $0.00 $4,377.42 $4,377.42 $4,377.42 $4,377.42 $5,737.50 $5,737.50 $5,737.50 $5,737.50 $4,095.44 $4,095.44 $4,095.44 $4,095.44 $2,746.00 $2,746.00 $2,746.00 $2,746.00 $2,734.91 $2,734.91 $0.00 $0.00
4 Hydromulch Seeding SF
1960
$1.50 $2,940.00 $0.00 $0.00 $1.53 $3,002.91 $1.53 $3,002.91 $1.41 $2,763.60 $1.41 $2,763.60 $2.90 $5,684.00 $2.90 $5,684.00 $1.50 $2,940.00 $1.50 $2,940.00 $0.28 $548.80 $0.00 $0.00
5 Bermuda Sod SF
9970
$1.65 $16,450.50 $0.00 $0.00 $0.95 $9,455.96 $0.95 $9,455.96 $0.88 $8,773.60 $0.88 $8,773.60 $0.91 $9,072.70 $0.91 $9,072.70 $1.50 $14,955.00 $1.50 $14,955.00 $1.04 $10,368.80 $0.00 $0.00
6 Mobilization & General Site Preperation LS
1
$26,000.00 $26,000.00 $0.00 $0.00 $24,805.40 $24,805.40 $24,805.40 $24,805.40 $18,228.50 $18,228.50 $18,228.50 $18,228.50 $8,859.18 $8,859.18 $8,859.18 $8,859.18 $30,503.00 $30,503.00 $30,503.00 $30,503.00 $32,731.29 $32,731.29 $0.00 $0.00
7 Remove Existing Playground And 150 LF of Concrete Border SF
1970
$11.25 $22,162.50 $0.00 $0.00 $4.80 $9,457.13 $4.80 $9,457.13 $13.23 $26,063.10 $13.23 $26,063.10 $6.85 $13,494.50 $6.85 $13,494.50 $7.50 $14,775.00 $7.50 $14,775.00 $5.08 $10,007.60 $0.00 $0.00
8 Sawcut and Remove Existing Concrete Pavement and Flatwork SF
2600
$3.60 $9,360.00 $0.00 $0.00 $3.36 $8,725.66 $3.36 $8,725.66 $6.75 $17,550.00 $6.75 $17,550.00 $3.78 $9,828.00 $3.78 $9,828.00 $2.25 $5,850.00 $2.25 $5,850.00 $1.98 $5,148.00 $0.00 $0.00
9 4-inch Thick, 4,000 psi Portland Cement Concrete for Sidewalks SF
1740
$9.50 $16,530.00 $0.00 $0.00 $17.51 $30,466.87 $17.51 $30,466.87 $8.43 $14,668.20 $8.43 $14,668.20 $23.65 $41,151.00 $23.65 $41,151.00 $10.00 $17,400.00 $10.00 $17,400.00 $9.09 $15,816.60 $0.00 $0.00
10 Enhanced Colored Sidewalk Band, SF
95
$15.00 $1,425.00 $0.00 $0.00 $65.66 $6,237.83 $65.66 $6,237.83 $43.86 $4,166.70 $43.86 $4,166.70 $26.15 $2,484.25 $26.15 $2,484.25 $18.00 $1,710.00 $18.00 $1,710.00 $19.16 $1,820.20 $0.00 $0.00
11 Reinforced Concrete Mow Strip SF
30
$88.00 $2,640.00 $0.00 $0.00 $72.96 $2,188.71 $72.96 $2,188.71 $37.12 $1,113.60 $37.12 $1,113.60 $57.81 $1,734.30 $57.81 $1,734.30 $44.25 $1,327.50 $44.25 $1,327.50 $52.73 $1,581.90 $0.00 $0.00
12 18”x18”x36” Limestone Block Retaining Wall EA
6
$503.00 $3,018.00 $0.00 $0.00 $1,378.89 $8,273.33 $1,378.89 $8,273.33 $350.00 $2,100.00 $350.00 $2,100.00 $2,928.86 $17,573.16 $2,928.86 $17,573.16 $1,770.00 $10,620.00 $1,770.00 $10,620.00 $1,029.03 $6,174.18 $0.00 $0.00
13 18”x18”x72” Limestone Block Bench EA
4
$740.00 $2,960.00 $0.00 $0.00 $2,757.78 $11,031.11 $2,757.78 $11,031.11 $575.00 $2,300.00 $575.00 $2,300.00 $2,159.41 $8,637.64 $2,159.41 $8,637.64 $1,770.00 $7,080.00 $1,770.00 $7,080.00 $1,333.80 $4,535.20 $0.00 $0.00
14 Synthetic Turf Play Surfacing SF
6340
$26.90 $170,546.00 $0.00 $0.00 $30.03 $190,384.65 $20,000.00 $20,000.00 $27.92 $177,012.80 $27.92 $15,735.00 $31.24 $198,061.60 $53,542.88 $53,542.88 $24.00 $152,160.00 $0.00 $0.00 $26.37 $167,185.80 $0.00 $0.00
15 Asphalt Millings LS
1
$9,400.00 $9,400.00 $0.00 $0.00 $2,918.28 $2,918.28 $2,918.28 $2,918.28 $6,554.90 $6,554.90 $6,554.90 $6,554.90 $5,212.37 $5,212.37 $5,212.37 $5,212.37 $18,461.00 $18,461.00 $18,461.00 $18,461.00 $4,785.18 $4,785.18 $0.00 $0.00
16 Playground Equipment, Installation and Freight LS
1
$190,000.00 $190,000.00 $0.00 $0.00 $209,605.62 $209,605.62 $0.00 $0.00 $208,402.87 $208,402.87 $28,653.00 $28,653.00 $213,930.83 $213,930.83 $53,542.88 $53,542.88 $169,507.00 $169,507.00 $0.00 $0.00 $183,153.75 $183,153.75 $0.00 $0.00
17 Topsoil/Cut CU. YD.
268.77
$74.60 $20,050.24 $0.00 $0.00 $11.67 $3,137.39 $11.67 $3,137.39 $67.76 $18,050.59 $67.76 $18,050.59 $114.62 $30,806.42 $114.62 $30,806.42 $130.50 $35,074.49 $130.50 $35,074.49 $27.17 $7,302.48 $0.00 $0.00
18 Fine Grading SF
18040
$0.45 $8,118.00 $0.00 $0.00 $1.17 $21,106.80 $1.17 $21,106.80 $0.54 $9,741.60 $0.54 $9,741.60 $0.73 $13,169.20 $0.73 $13,169.20 $0.35 $6,314.00 $0.35 $6,314.00 $0.08 $1,443.20 $0.00 $0.00
19 Temporary Irrigation SF
11930
$0.20 $2,386.00 $0.00 $0.00 $0.38 $4,525.96 $0.38 $4,525.96 $0.35 $4,175.50 $0.35 $4,175.50 $0.89 $10,617.70 $0.89 $10,617.70 $0.35 $4,175.50 $0.35 $4,175.50 $0.51 $6,084.30 $0.00 $0.00
20 Miscellaneous Construction Allowance LS
1
$21,020.00 $21,020.00 $0.00 $0.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $31,325.00 $31,325.00 $31,325.00 $31,325.00 $0.00 $0.00 $0.00 $0.00 $49,781.00 $49,781.00 $49,781.00 $49,781.00 $1,603.63 $1,603.63 $0.00 $0.00
21 Drainage Items LS
1
$16,500.00 $16,500.00 $0.00 $0.00 $3,501.94 $3,501.94 $3,501.94 $3,501.94 $33,748.00 $33,748.00 $33,748.00 $33,748.00 $25,682.13 $25,682.13 $25,682.13 $25,682.13 $24,155.00 $24,155.00 $24,155.00 $24,155.00 $6,372.50 $6,372.50 $0.00 $0.00
22 Project Sign LS
1
$800.00 $800.00 $0.00 $0.00 $3,647.85 $3,647.85 $3,647.85 $3,647.85 $810.00 $810.00 $810.00 $810.00 $1,638.17 $1,638.17 $1,638.17 $1,638.17 $1,180.00 $1,180.00 $1,180.00 $1,180.00 $1,518.21 $1,518.21 $0.00 $0.00
23 Tree Protection Fence LF
110
$5.00 $550.00 $0.00 $0.00 $8.75 $963.03 $8.75 $963.03 $4.73 $520.30 $4.73 $520.30 $2.98 $327.80 $2.98 $327.80 $2.00 $220.00 $2.00 $220.00 $2.28 $250.80 $0.00 $0.00
24 Temporary 6' Chain Link Fence LF
680
$12.00 $8,160.00 $0.00 $0.00 $10.21 $6,945.51 $10.21 $6,945.51 $4.78 $3,250.00 $4.78 $3,250.00 $6.33 $4,304.40 $6.33 $4,304.40 $6.00 $4,080.00 $6.00 $4,080.00 $4.62 $3,141.60 $0.00 $0.00
TOTAL BASE BID $572,468.84 $0.00 $577,960.86 $197,970.59 $606,946.80 $265,919.13 $632,564.52 $327,657.85 $595,441.99 $273,774.99 $479,598.99 $0.00
Highlighted cells reflect Turf and Playground costs removed. NOTE: Some contractors built in other costs
into these line items to fully complete the work
Orignal Bid Revised Bid
COMPANY
Ratliff
Orignal Bid Revised Bid
INCOMPLETE BID
Bill Allen Memorial Park Playground COMPANY
C Green Scaping, LP
Orignal Bid Revised Bid Revised BidOrignal Bid
COMPANY
CGC General Contractors
COMPANY
L.J. Design & Construction
Orignal Bid Revised Bid
COMPANY
North Rock
Orignal Bid Revised Bid
COMPANY
Millis Development & Construction
69
SECTION 2 - 2
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the _____________ day of __________________ in the year 2023
by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called
OWNER) and (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
The scope of work consists of the reconstruction of Bill Allen Memorial Park. The work
includes, but not limited to, mobilization, site prep/demolition (4,610 sf), tree protection,
erosion control temporary fencing(406 lf), 5’ wide concrete sidewalks (1,740 sf),
synthetic turf play surface (6,340 sf), synthetic turf berm with play elements, inclusive
playground, accessible sidewalk around the playground, limestone block retaining wall,
grading and drainage, integral colored concrete (95 sf), temporary irrigation, and all
associated earthwork/subgrade preparation, fine grading/topsoil required to provide all
items as show and detailed in the plans and specifications, complete and in place and any
other work deemed necessary by the city.
All of the above shall be done in accordance with TxDOT and NCTCOG specifications
with the City of the Colony’s Addenda and as per instructions of the City of The Colony
City Engineer. All construction sequencing and barricading will be done according to the
City of The Colony Standards. The opinion of probable construction cost for the overall
project is $500,000.00.
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
70
SECTION 2 - 3
BILL ALLEN MEMORIAL PARK
City of The Colony
BID #RFB 59-24-02
Article 2. ENGINEER.
The Project has been designed by the City of The Colony Engineering Department. The Bidding and
Contract Documents have been established by the City of The Colony Engineering Department.
Contract administration will be provided by the City of The Colony Engineering Department who is
hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 5 months, including 10 inclement weather days,
from the date when the Contract Time commences to run as provided in Item 103.6 of
the General Provisions, and completed and ready for final payment in accordance with
Item 109.5.4 of the General Provisions.
BIDDER agrees that all work awarded will be completed within 5 months, which includes 10
inclement weather days, for this project. The Contractor will submit written documentation to
the Construction Inspector assigned by the City to document inclement weather days. Additional
inclement weather calendar days will be added to the contract only if the 10 inclement weather
days included in the bid have been approved. Contract time will commence to run as provided in
the Contract Documents.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds subject to additions and deductions by Change
Orders as provided in the contract documents in accordance with the unit prices listed in
the Proposal and Bid Schedule. The contract sum shall be the amount of $
____________. The total tangible personal property cost included in the contract sum is
$ _____________.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General
Provisions. Applications for Payment will be processed by ENGINEER as provided in the General
Provisions.
5.1. Progress Payments. OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, each month during construction as provided below. All progress
payments will be on the basis of the progress of the Work measured by the schedule of
71
SECTION 2 - 4
values established in Item 109.5.1 of the General Provisions (and in the case of Unit
Price Work based on the number of units completed) or, in the event there is no schedule
of values, as provided in the General Provisions.
5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the
percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less
the aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with Item 109.4 of the General
Provisions of the NCTCOG Specifications.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER.
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR’S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the
Supplementary Conditions as provided in Item 102.3 of the General Provisions, and
accepts the determination set forth in Item SC-105.1.2 of the Supplementary Conditions
of the extent of the technical data contained in such reports and drawings upon which
CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations,
tests, reports, and studies (in addition to or to supplement those referred to in paragraph
7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the
site or otherwise may affect the cost, progress, performance, or furnishing of the Work
as CONTRACTOR considers necessary for the performance or furnishing of the Work
at the Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents, including specifically the provisions of Item
102.3 of the General Provisions; and no additional examinations, investigations,
explorations, tests, reports, studies, or similar information or data are or will be required
by CONTRACTOR for such purposes.
7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated
on the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations, tests,
72
SECTION 2 - 5
reports, studies, or similar information or data in respect of said Underground Facilities
are or will be required by CONTRACTOR in order to perform and furnish the Work at
the Contract Price, within the Contract time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of Items
102.3, 103.1 and 104.1 of the General Provisions.
7.4. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions of
the Contract Documents.
7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 2-2 through 2-8, inclusive).
8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive).
8.3. Certificate of Insurance (page 2-11).
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction,
NCTCOG, fourth edition.
8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 3-2
through 3-12).
8.7. Certificate of Interested Parties (Form 1295) must be provided by the Selected
Contractor per the Texas Legislature adoption of House Bill 1295 which added
section 2252.908 of the Government Code. Selected Contractor must submit the
completed form prior to the City Council Meeting to award the project.
8.8. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond
Forms, and Specifications for:
73
SECTION 2 - 6
BILL ALLEN MEMORIAL PARK
City of The Colony
BID #RFB 59-24-02
8.9. Addendum to the NCTCOG Standard Specifications for Public Works Construction
included in Appendix B.
8.10. Construction plans, one set consisting of Twelve (12) consecutively numbered sheets.
8.11 The following listed and numbered addenda: .
8.12 CONTRACTOR's Proposal, Bid Schedule, and Summary of Section 1 - Bidding and
Contract Documents (page 1-16 through 1-25).
8.13 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.14 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2
and 109.3 of the General Provisions.
8.15 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2
and 109.3 of the General Provisions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 101.1 of the General Provisions
will have the meanings indicated in the General Provisions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent (expect
to the ex tent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
74
SECTION 2 - 7
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate.
One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions
of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by
ENGINEER on their behalf.
75
SECTION 2 - 8
This Agreement will be effective on __________________________________, 2023.
OWNER: City of The Colony CONTRACTOR: NAME______________
6800 Main Street ADDRESS___________
The Colony, TX 75056 CITY, STATE ZIP________
BY: _____________________________ BY: __________________________________
TITLE: City Manager TITLE: _______________________________
ATTEST: _________________________ ATTEST: ______________________________
Address for giving notices: Address for giving notices:
City of the Colony NAME_______________
6800 Main Street ADDRESS________________
The Colony, Texas 75056 CITY,STATE ZIP________________
Attn: Calvin Lehmann Attn: NAME___________________
Park Development Manager
(If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach
ev id ence of authority to sign and evidence of authority to sign.)
resolution or other documents
authorizing execution of Agreement.)
76
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH CGC GENERAL
CONTRACTORS, INC. FOR THE CONSTRUCTION OF BILL
ALLEN MEMORIAL PARK PLAYGROUND; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to execute a Construction Contract with CGC General Contractors, Inc. in the
amount of $197,970.59 for the construction of Bill Allen Memorial Park Playground; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The City Council of the City of The Colony authorizes the
execution of a Construction Contract with CGC General Contractors, Inc.
Section 2.The City Manager is hereby authorized to execute the contract for
said project.
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 THE 2ND DAY OF JANUARY 2024.
______________________________
Richard Boyer, Mayor
ATTEST:City of The Colony, Texas
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
77
Agenda Item No:4.8
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Brant Shallenburger
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a renewal contract for services with
Tod-Co Consultative Services to provide assistance in the development of a Hotel/Convention Center.
(Shallenburger)
Suggested Action:
Attachments:
Tod Maurina- Independent Contractor Agreement 2024-25.pdf
Res. 2024-xxx Tod-Co Contract for Services.pdf
78
INDEPENDENT CONTRACTOR AGREEMENT
THIS INDEPENDENT CONTRACTOR AGREEMENT (hereinafter referred to as the
“Agreement”) is made and entered to be effective the 1st day of February, 2024, by and between
the CITY OF THE COLONY, TEXAS (hereinafter referred to as the “City”), a Texas home-rule
municipality, and Tod-Co Consultative Services (hereinafter referred to as “Contractor”), both
of which parties hereto understand and agree as follows:
WITNESSETH:
WHEREAS, it is the desire of the City of The Colony, Texas, to engage the services of
Contractor in order to assist in the development of a Hotel/Convention Center (hereinafter referred
to as the “Project”).
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, and hereinbefore stated, the parties hereto agree as follows:
A. Term
This Agreement shall take effect on February 1, 2024 and shall continue until January 31,
2025.
B. Scope of Work
Contractor shall provide the necessary professional services to allow for the development
of a hotel/convention center, manage its employees, negotiate acquisition of required real estate,
maximize available State statutory rebates, coordinate with the hotel developer, and report to the
City regularly on the status of such activities. The policy making and governmental functions
relating to the project shall remain fully vested with the City. Such functions shall include, but
limited to, making decisions regarding significant capital requirements for the project, approving
a major contracting for services or goods; responsibility for the statutory requirements of the State
rebates, funding and the like; and any other significant business or policy decisions related to the
development of the Hotel/Convention Center. From time to time as questions with policy
implications arise, Contractor shall consult with the City to reach agreement on the degree of
involvement the City that may be necessary under this paragraph. In the event the parties are unable
to agree, the matter shall be deemed within the oversight and policy function of the City and the
City’s decision in the matter shall in all events be controlling.
Contractor shall abide by all City rules, regulations and policies as detailed in the City
Charter, the Municipal Code, the City Code of Ordinances, state law and as reasonably directed
by the City.
79
C. Compensation
Contractor shall be compensated in the amount of one hundred thirteen thousand forty
dollars ($113,040.00) payable in monthly installments of nine thousand four hundred twenty
dollars ($9,420.00). The first payment shall be due and issued on February 23, 2024 with each
subsequent payment made on the last Friday of each month until the final payment is made on
January 31, 2025. In addition, the City agrees to provide the Contractor access to City cell phone
services and data plan.
D. Technology Equipment
The City agrees to provide Contractor with technology interface equipment such as cellular
telephone, computing equipment, etc. used in the scope of work as outlined herein. Technology
equipment shall be determined and provided by the City at their sole discretion. Contractor shall
have the right to retain possession as additional compensation upon termination of this contract.
E. Travel Expenses
The City agrees to reimburse Contractor for reasonable travel expenses incurred in the
scope of his work as outlined herein. Travel expenses shall be preapproved by the City prior to
being incurred. Contractor shall request reimbursement by submitting an itemized request,
including receipts, to the City.
Contractor shall receive additional automobile-related reimbursement. The mileage fee
will be equivalent to that established by the Internal Revenue Service.
Reimbursement shall be requested through the Director of Government Relations.
G. Contractor’s Employees
Contractor has and retains full control and supervision of the services performed as
described in the Statement of Work and has full control over the employment and compensation
and discharge of all persons, other than the City employees, assisting in the performance of the
services referenced herein. Contractor shall be solely responsible for all matters relating to
payment of wages to its employees, including but not limited to compliance with social security
payroll tax withholdings and unemployment compensation. Contractor further agrees to be
responsible for its own acts and those of its subordinates, employees and any subcontractors, if
any, during the term of this Agreement. Further, Contractor’s relationship to the City is that of an
independent contractor, and not an agent, employee or servant. Contractor shall have no authority
to bind the City or any of its administrators, officers or employees. In the ordinary course of
business, Contractor may perform services for parties other than the City and is not precluded from
doing so by this Agreement so long as those services do not conflict with the goals and objectives
of the City.
80
H. Business Expenses
Contractor shall provide any and all supplies, equipment or other business expenses used
for services; however, Contractor shall coordinate with the City the use of any City owned
supplies, equipment or services if same are available.
I. Liability
The City shall not be liable or responsible for any injuries, damages or losses of Contractor
during the course and scope of the services performed by Contractor pursuant to this Agreement.
Independent Contractor shall defend, indemnify and hold harmless the City and its officers, agents
and employees from and against all damages, claims, losses and demands made by Contractor
arising out of or resulting from the performance of her services.
J. Right of Termination
The City reserves the right to cancel this Agreement at any time, with or without notice, to
Contractor, in the City’s sole discretion. Contractor may cancel this Agreement after providing the
City with at least thirty (30) days’ notice. If Contractor engages in any activity that poses an
immediate threat to the health, safety or reputation of Contractor’s or the City’s employees,
residents, invitees, agents or representatives, such termination of this Agreement may be
immediate. Termination of this Agreement under this paragraph shall result in the voiding of any
upcoming payments that may be due.
[The Remainder of this Page Intentionally Left Blank]
81
IN WITNESS WHEREOF, the City of The Colony, Texas, has caused this Independent
Contractor Agreement to be signed and executed on its behalf by the City Manager and Contractor
has signed and executed this Independent Contractor Agreement.
Signed this the day of , 2024.
CITY OF THE COLONY, TEXAS
________________________________________
Troy C. Powell, City Manager
City of The Colony, Texas
ACCEPTED:
____________________________________
Tod K. Maurina, Principal
Tod-CO Consultative Services
82
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO RENEW A CONTRACT FOR SERVICES BY AND
BETWEEN THE CITY OF THE COLONY AND TOD-CO
CONSULTATIVE SERVICES TO PROVIDE ASSISTANCE IN
THE DEVELOPMENT OF A HOTEL/CONVENTION CENTER;
PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas, has duly
reviewed and considered the CONTRACT FOR SERVICES by and between the City of
The Colony and Tod-Co Consultative Services for the purpose of providing assistance
in the development of a Hotel/Convention Center.
Section 2. That this Contract for Services attached hereto as Exhibit “A”, is
found to be acceptable and in the best interest of the City and its citizens, and the City
Manager is hereby authorized to renew the Contract on behalf of the City of The Colony,
Texas, with the terms and conditions as stated therein.
Section 3. That this resolution shall take effect immediately from and after
its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 2nd DAY OF JANUARY 2024.
__________________________
Richard Boyer, Mayor
City of The Colony, Texas ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
______________________________________
Jeffrey L. Moore, City Attorney
83
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving an ordinance amending Chapter 8, Article III, of The Colony Code of
Ordinances, titled by “Hotel Occupancy Tax and Short-Term Rentals” by providing regulations for Short-Term
Rentals. (Perez)
Suggested Action:
Attachments:
The Colony - Ord - short term rental - jlm rev clean - 122023.docx
84
CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 8, ARTICLE III, ENTITLED
“HOTEL OCCUPANCY TAX” BY AMENDING SECTION 8-75,
ENTITLED “DEFINITIONS” BY ADDRESSING DEFINITIONS
CONCERNING SHORT-TERM RENTALS; AMENDING SECTION 8-86,
ENTITLED “SHORT-TERM RENTAL FACILITY LICENSE REQUIRED”
BY REQUIRING A LICENSE, PROVIDING FOR LICENSE
APPLICATION REQUIREMENTS, PROVIDING PARKING
RESTRICTIONS, REQUIRING A MINIMUM STAY REQUIREMENT,
PROVIDING OCCUPANCY LIMITS, AND RELATED ISSUES; ADDING
A NEW SECTION 8-89 TO PROVIDE FOR A PENALTY OF A FINE NOT
TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND
EVERY OFFENSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the City Council of the City of The Colony, Texas, has discussed and
considered such revisions and has determined that it is in the best interest of the City of The
Colony, Texas, to amend and add various sections of Chapter 8, Article III, entitled “Hotel
Occupancy Tax” to better address the payment of Hotel Occupancy Tax by short-term rentals
consistent State law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, is hereby
amended by amending Chapter 8, Article III, entitled “Hotel Occupancy Tax and Short-Term
Rentals,” by amending section 8-75, which shall read as follows:
“ARTICLE III. - HOTEL OCCUPANCY TAX AND SHORT-TERM RENTALS
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.
85
(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) Designated operator means a responsible party who can be contacted regarding immediate
concerns and complaints from the public.
(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.
(7)Hotel means a building in which members of the public may obtain sleeping
accommodations for consideration. The term includes a hotel, motel, tourist home, tourist
house, tourist court, lodging house, inn, rooming house, or other building where a room is
furnished for a consideration, but does not include a hospital, sanitarium, or nursing home.
(8) Licensee shall mean a person or legal entity issued a short-term rental facility license.
(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) Owner shall mean an individual person, proprietorship, partnership, corporation,
association, or other legal entity.
(11) Short term rental shall mean a residential dwelling unit(s) that is rented out for
compensation on a temporary basis for a period of less than 30 consecutive days.
(12)Tourism means the guidance or management of tourists.
86
(13)Tourist means an individual who travels from the individual's residence to a different
municipality, county, state, or country for pleasure, recreation, education, or culture.”
SECTION 3.That the Code of Ordinances of the City of The Colony, Texas, is hereby
amended by amending Chapter 8, Sections 8-86, entitled “Short-term rental facility license
required,” which shall read as follows:
“Sec 8-86. - Short-term rental facility license required.
(a)It shall be unlawful to operate a short-term rental facility without a short-term rental facility
license in violation of any provision of a short-term rental facility license, this article, or
any other applicable city ordinance or other law.
(b)License application and review:
(1)To obtain a license for a short-term rental facility, a person must submit an
application on a form provided for that purpose to the city’s third-party collection
service. The application must contain the following:
(A)The name, street address, mailing address, email address, and telephone
number of the applicant, the owner, and the designated operator of the short-
term rental facility. The applicant must assign a "designated operator."
(B)If the applicant or owner is a partnership, a corporation, or limited liability
company, the application shall list the names of all partners, directors,
members, and officers, as applicable, of the applicant and the owner.
(C)A short-term rental facility license shall be valid from the date of issuance
unless otherwise suspended or revoked in accordance with section 8-87.
(c)Operation of a short-term rental facility.
(1)The licensee shall comply with the noise requirements set forth in article IX of
chapter 6 of this Code.
(2)The licensee will comply with all building, electrical, and other codes and
ordinances of the city.
(3)Advertising, promoting or allowing of special events prohibited in violation of city
ordinance. 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 that is in violation of city ordinance. 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 which is in violation of city ordinance.
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(4)Lighting.If the property is residentially zoned, all lighting must be directed toward
the establishment and not at adjacent properties.
(5)Signage.No on-premise signage shall be allowed advertising the property as a
short-term rental consistent with the code and state law.
(6) Parking restrictions. The maximum amount of motor vehicles allowed at a short-
term rental shall be limited to the off-street parking area available on the driveway
of the host property. 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 or on a residential street near 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 three (3) nights.
(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 except
consistent with the City’s Code of Ordinances.
(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, and
consistent with the City’s Code of Ordinances.
(10)Occupants. It shall be unlawful for an owner, person, or occupant to rent, allow,
provide, 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 forpickup 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. The notice shall instruct the occupants as to all
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applicable 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 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.”
SECTION 4.That the Code of Ordinances of the City of The Colony, Texas, is hereby
amended by adding a Chapter 8, Section 8-89, entitled “Penalties,” which shall read as follows:
“Sec. 8-89 – Penalty.
It shall be unlawful for any owner, occupant, or person to violate any of the provisions of
this article and any owner, occupant, or person violating this article or any provision hereof shall,
upon conviction, be punished by a fine of not less than $1.00 nor more than $2,000.00, and each
day that a violation continues shall constitute a separate offense.”
SECTION 5.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 6.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 7. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS day of , 2023.
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Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution reappointing Jeremie Maurina as the City's representative and
Blaine Crimmins as an alternate on the Denton County Transportation Authority Board. (Council)
Suggested Action:
Attachments:
Res. 2024-xxx DCTA Appointment for unexpired term.docx
91
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPOINTING REPRESENTATIVES TO THE BOARD
OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION
AUTHORITY FOR THE UNEXPIRED TERM THROUGH NOVEMBER
2024; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS,House Bill 3323, which became effective September 1, 2001, enables a
County to create a coordinated county transportation authority to provide public transportation and
transportation-related services; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1.That the current representative to the Denton County Transportation
Authority Board is Jeremie Maurina.
SECTION 2. Mr. Maurina has expressed a desire to continue serving in a volunteer
capacity as the city’s representative on this board for a term set to expire November 2024.
SECTION 3.That the City Council of the City of The Colony hereby reappoints Jeremie
Maurina as a representative and Blaine Crimmins as an alternate representative to the Denton
County Transportation Authority Board for the unexpired term through November 2024.
SECTION 4.That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 2ND DAY OF JANUARY 2024.
_________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
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Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the
Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and
commercial or financial information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas
Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the City Secretary.
Suggested Action:
Attachments:
93
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 2, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and
commercial or financial information the city has received from a business prospect(s), and the offer of a
financial or other incentive to a business prospect(s).
B. Any action as a result of executive session regarding the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City Secretary.
Suggested Action:
Attachments:
94