HomeMy WebLinkAboutCity Packets - City Council - 07/02/2024 - RegularAgenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: July 2, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: July 2, 2024
Submitted by: Lindsey Stansell
Submitting Department: Parks & Recreation
Item Type: Announcement
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: July 2, 2024
Submitted by: Brant Shallenburger
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Discuss and receive input on a proposed ordinance related to golf cart usage in The Colony. (Shallenburger)
Suggested Action:
Attachments:
6
Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: July 2, 2024
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
7
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 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 June 18, 2024. (Stewart)
Suggested Action:
Attachments:
June 18, 2024 DRAFT Minutes.docx
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MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
JUNE 18, 2024
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 18
th day of June 2024, at City Hall, 6800 Main Street, The Colony, Texas,
with the following roll call:
Richard Boyer, Mayor
JudyEnsweiler, Deputy Mayor Pro Tem
Robyn Holtz, Councilmember
Brian Wade, Councilmember
Dan Rainey, Councilmember
PerrySchrag, 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 Mike Bishop with Lakeway Baptist Church delivered the invocation.
Councilman Wade arrived at 6:34 p.m.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
Mayor announced a “Bring a Rake to the Lake” cleanup at Stewart Creek Park this
Saturday from 8:00 a.m. to 10:00 a.m. He said that there will also be increased
enforcement to some of the rules at the park.
1.5.1 Receive presentation from the Library regarding upcoming events and activities.
Library Director, Megan Charters, provided upcoming events and activities to the
Council.
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.
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City Council – Regular Meeting Agenda
June 18, 2024
Page| 2
2.0 CITIZEN INPUT
None
3.0 WORK SESSION
3.1 Council to receive an update from the City Attorney concerning squatters.
City Attorney, Jeff Moore, presented this item to Council.
3.2 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 Nos.
4.2 and 4.3- Wade; second by Ensweiler, motion carried with all ayes.
4.1 Consider approving City Council Special Session meeting minutes from June 3,
2024, Regular Session meeting minutes from June 4, 2024 and Special Session
meeting minutes from June 10, 2024.
***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION***
4.2 Consider approving a resolution authorizing the Mayor to execute an Interlocal
Cooperation Agreement with Denton County for engineering and construction
services for the North Ramp Connection from northbound SH 121 Frontage Road to
the Diverging Diamond Interchange at Nebraska Furniture Mart Drive and South
Colony Boulevard.
***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION***
4.3 Consider approving an ordinance budget amendment to fund the City contribution
for engineering and construction services for the North Ramp Connection from
northbound SH 121 Frontage Road to the Diverging Diamond Interchange at
Nebraska Furniture Mart Drive and South Colony Boulevard.
4.4 Consider approving a resolution authorizing the City Manager to execute a
Construction Services Contract in the amount of $135,686.30 with Reynolds
Asphalt & Construction Company for improvements to the entrance road to Stewart
Creek Park Golf Course.
RESOLUTION NO. 2024-043
4.5 Consider approving a resolution authorizing the City Manager to execute the First
Amendment to the PCS Site Agreement to extend the lease term for the cell tower
at City Hall.
RESOLUTION NO. 2024-044
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City Council – Regular Meeting Agenda
June 18, 2024
Page| 3
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving an ordinance regarding the Site Plan application
for “Randolph Brooks Federal Credit Union (RBFCU) The Colony,” located on
the northwest corner of the frontage of SH 121 and Market Street, within the
Business Park (BP) District and Gateway Overlay District.
Director of Planning, Isaac Williams, provided an overview on this item.
Chris Walton, spokesperson for RBFCU, appeared in support of this item.
Motion to approve –Ensweiler; second by Rainey, motion carried with all ayes.
ORDINANCE NO. 2024-2566
5.2 Discuss and consider approving a resolution authorizing the City Manager to
execute a Professional Services Agreement with Eide Bailly, LLC for services and
performance of the City's annual financial audit and single audit of state and federal
grants.
Finance Director, Latonjia Williams, presented the proposed resolution to Council.
Motion to approve –Ensweiler; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2024-045
5.3 Discuss and consider approving an ordinance amending Chapter 8 of the Code of
Ordinances, entitled “FINANCE AND TAXATION,” by amending Article I, by
amending a new section 8-15, entitled “HOMESTEAD EXEMPTION” by
establishing a homestead tax for 2025.
Assistant City Manager, Tim Miller, presented this item to Council.
Council provided discussion.
Motion to raise the Homestead Exemption from 1% to 3% for 2025 –Schrag; second by
Ensweiler, motion carried with all ayes.
ORDINANCE NO. 2024-2567
***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION***
5.4 Discuss and consider approving a resolution authorizing the City Manager to
execute an Engineering Services Contract in the amount of $199,995.50 with
Olsson, Inc. to prepare construction plans and specifications for the North Ramp
Connection from northbound SH 121 Frontage Road to the Diverging Diamond
Interchange at Nebraska Furniture Mart Drive and South Colony Boulevard.
5.5 Discuss and consider approving a resolution nominating one representative and one
alternate representative to the 2024 Regional Transportation Council.
Council provided discussion on this item.
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City Council – Regular Meeting Agenda
June 18, 2024
Page| 4
Motion to approve the nomination of Tammy Meinershagan (primary) and Perry Schrag
(alternate) –Ensweiler; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2024-046
5.6 Discuss and consider making a nomination by resolution for a candidate to serve
on the Denco Area 9-1-1 District Board of Managers for a two-year term beginning
October 1, 2024.
Motion to approve the nomination of Jim Carter –Ensweiler; second by Wade, motion carried
with all ayes.
RESOLUTION NO. 2024-047
Executive Session was convened at 7:40 p.m.
6.0 EXECUTIVE SESSION
6.1 A. Council shall convene into a closed executive session pursuant to Sections
551.072 and 551.087 of the Texas Government Code to deliberate regarding
purchase, exchange, lease or value of real property and commercial or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
Regular Session was reconvened at 8:24 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding purchase, exchange, lease
or value of real property and commercial or financial information the city has
received from a business prospect(s), and the offer of a financial or other incentive
to a business prospect(s).
No Action
ADJOURNMENT
With there being no further business to discuss, the meeting adjourned at 8:26 p.m.
APPROVED:
Richard Boyer, Mayor City
of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, CitySecretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: July 2, 2024
Submitted by: Brant Shallenburger
Submitting Department: General Admin
Item Type: Ordinance
Agenda Section:
Subject:
Consider approving an ordinance creating the Veterans Advisory Committee. (Shallenburger)
Suggested Action:
Attachments:
Ord. 2024-xxxx - Veterans Advisory Committee.pdf
13
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING CHAPTER 2, ARTICLE II, ENTITLED “BOARDS AND
COMMISSIONS,” BY ADDING A DIVISION 3, SECTIONS 2-231 TO 2-233,
ENTITLED “VETERANS ADVISORY COMMITTEE” BY
ESTABLISHING A VETERANS ADVISORY COMMITTEE; PROVIDING
THE COMPOSITION AND QUALIFICATIONS OF THE COMMITTEE;
PROVIDING THE DUTIES OF THE COMMITTEE; 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, finds and determines it
is in the best interest of the City to amend Sections 2-231 to 2-233 of the Code of Ordinances
regarding a Veterans Advisory Committee.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 2, Article II, entitled “Boards and Commissions,”
by addition a new Division 3, entitled “Veterans Advisory Committee,” sections 2-231 to 2-233
which shall read as follows:
“DIVISION 3 - VETERANS ADVISORY COMMITTEE
Sec. 2-231. - Advisory committee created; purpose.
There is hereby created the Veterans Advisory Committee (the "committee"). The
committee shall act in an advisory capacity to the city council and city staff, providing suggestions
concerning topics impacting our veterans community, active duty military members and their
families in The Colony.
Sec. 2-232. - Composition; qualifications.
The committee shall consist of five members. One member shall be a representative of the
American Legion appointed by the Legion Commander or their designee, two members shall be
appointed by the Community Development Corporation (the “CDC”) and two other community
members appointed by the Mayor. Notwithstanding sec. 2-202 of this code of ordinances, two
members of the CDC may serve on this committee in addition to their roles on the CDC.
Sec. 2-233. - Duties, operational rules and procedures.
14
The committee shall have the following powers and perform the following duties:
(1) The committee shall meet as needed and no less than three times each year at a public place
with public notice as prescribed by law. Special meetings may be called by the chairman
or by written request sent to the chairman or vice-chairman by three members of the
committee.
(2) The committee shall be used similarly to other committees, providing nonbinding
recommendations (approve/disapprove) on veteran related initiatives/purchases/programs
prior to any council approval requests.
(3) The committee shall develop recommendations and input regarding veteran/military
related topics including, but not limited to, the City’s Veteran’s Memorial at Five Star, the
promotion and honoring of veterans, and identifying individuals for recommendation for
any veteran related awards.
(4) The committee may solicit for the city, gifts, revenues, bequests, or endowments of money
or property as donations or grants from persons, firms or corporations, subject to the
guidance, approval, and acceptance by the city council.
(5) The committee may, from time to time, recommend to the city council amendments or
changes to this division.
(6) The committee, through its chairman, shall make both an oral and written report as needed
to the city council concerning its past and future activities.
(7) All powers and duties prescribed and delegated herein are delegated to the committee as a
unit and all action hereunder shall be of the committee acting as a whole. No action of an
individual member is authorized except through the committee or city council.”
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
15
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS day of , 2024.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
16
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: July 2, 2024
Submitted by: Chris Cuellar
Submitting Department: Information Technology
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement
with Texas Municipal League Intergovernmental Risk Pool for cyber liability and data breach response
insurance for the purposes of providing coverages against cyber risks. (Cuellar)
Suggested Action:
Attachments:
TML Cyber Insurance Interlocal.pdf
TML Cyber Insurance Background Information.doc
4.3 Res. 2024-xxx Texas Municipal League Interlocal Cooperation Agreement.doc
17
Revised 04/2024
Texas Municipal League
Intergovernmental Risk Pool
1821 Rutherford Lane, First Floor • Austin, Texas 78754
CYBER LIABILITY AND DATA BREACH RESPONSE INTERLOCAL AGREEMENT
This Contract and Interlocal Agreement is entered into by and between political subdivisions of this state (hereinafter referred to as “Pool
Members”) to form a joint self-insurance pool to be named the Texas Municipal League Joint Cyber Liability and Data Breach Response Self-
Insurance Fund (hereinafter referred to as the “Fund”) for the purpose of providing coverages against risks which are inherent in operating a
political subdivision.
WITNESSETH:
The undersigned Pool Member, in accordance with Chapter 2259, Texas Government Code, the Interlocal Cooperation Act, Tex. Gov’t Code
§ 791.001, et seq., and the interpretation thereof by the Attorney General of the State of Texas (Opinion #MW-347, May 29, 1981), and in
consideration of other political subdivisions executing like agreements, does hereby agree to become one of the Pool Members of this self-
insured pool. The conditions of membership agreed upon by and between the parties are as follows:
1. Definitions of terms used in this Interlocal Agreement.
a. Board. Refers to the Board of Trustees of the Fund.
b. Fund Year. 12:01 a.m. October 1 through 12:01 a.m. the following October 1.
c. Manual Rates. The basic rates applicable to each cyber liability and data breach response classification promulgated by the Insurance
Service Office or the Board.
d. Texas Municipal League Cyber Liability and Data Breach Response Self-Insurance Plan. The Cyber Liability and Data Breach
Response Coverage Document that sets forth in exact detail the coverages provided as part of the overall plan.
e. Adjustments. Refers to any offsets to manual premium that may result from the Pool Member’s election of deductibles, loss ex-
perience, or Fund Modifier which reflects the savings to the Pool Member by entering into this Interlocal Agreement.
f. Premium and Contribution. Used interchangeably in some parts of this Interlocal Agreement. Any reference at any time in this
Interlocal Agreement to an insurance term not ordinarily a part of self-insurance shall be deemed for convenience only and is not
construed as being contrary to the self-insurance concept except where the context clearly indicates no other possible interpretation
such as but not limited to the reference to “reinsurance.”
g. Reimbursable Deductible. The amount that was chosen by this Pool Member to be applicable to the first monies paid by the Fund to
effect judgment or settlement of any claim or suit. The Pool Member, upon notification of the action taken, shall promptly reimburse
the Fund for all or such part of the deductible amount as has been paid by the Fund. Further, however, the Fund’s obligation to pay
damages shall be subject to the limits of liability stated in the Declarations of Coverage or Endorsements to this Interlocal Agreement
less the stated deductible amount.
h. Fund Modifier. A percentage figure that is applied to the manual rates by the Fund to reflect the savings to the Pool Member by
entering into this Interlocal Agreement.
i. Agreement Period. The continuous period since the Pool Member first became a member of this Fund excluding, however, any period
or periods of time therein that the member did not participate as a member of the Pool.
j. Declarations of Coverage. The specific indication of the coverages, limits, deductibles, contributions, and special provisions elected
by each individual Pool Member. The Declarations of Coverages may be modified by Endorsement.
2. The Board, acting through its agents and Fund staff, is responsible for the administration of all Fund business on behalf of the Pool
Members.
3. In consideration of the execution of this Interlocal Agreement by and between the Pool Member and the Fund and of the contributions
of the Pool Member, the coverage elected by the Pool Member is afforded according to the terms of the Texas Municipal League Cyber
Liability and Data Breach Response Self-Insurance Plan. The affirmative declaration of contributions and limits of liability in the
Declarations of Coverage and Endorsements determine the applicability of the Self-Insurance Plan.
18
Revised 04/2024
Each Pool Member agrees to adopt and accept the coverages, provisions, terms, conditions, exclusions, and limitations as further provided
for in the Texas Municipal League Cyber Liability and Data Breach Response Self-Insurance Plan or as specifically modified by the Pool
Member’s Declarations of Coverage. This Interlocal Agreement shall be construed to incorporate the Texas Municipal League Cyber
Liability and Data Breach Response Self-Insurance Plan, Declarations of Coverage, and Endorsements and addenda whether or not
physically attached hereto.
4. It is understood that by participating in this risk sharing mechanism to cover cyber liability and data breach response exposures, the Pool
Member does not intend to waive any of the immunities that its officers or its employees now possess. The Pool Member recognizes the
Texas Tort Claims Act and its limitations to certain governmental functions as well as its monetary limitations and that by executing this
Interlocal Agreement does not agree to expand those limitations.
5. The term of this Interlocal Agreement and the self-insurance provided to the Pool Member shall be continuous commencing 12:01 a.m.
on the date designated in this Interlocal Agreement until terminated as provided below. Although the self-insurance provided for in this
Interlocal Agreement shall be continuous until terminated, the limit of liability of the Fund under the coverages that the Pool Member
elects shall be limited during any Fund Year to the amount stated in the Declarations of Coverage for that Fund Year.
This Interlocal Agreement may be terminated by either party giving to the other sixty (60) days’ prior written notice of intent to terminate
except the Pool Member may terminate this Interlocal Agreement and its coverages thereunder without giving the sixty (60) days’ notice
if the reason is because of a change by the Fund in the Pool Member’s contribution, coverage, or other change in the limits of liability,
terms, conditions, exclusions, and limitations provided for in the Texas Municipal League Cyber Liability and Data Breach Response
Self-Insurance Plan provided that no termination by the Member shall be effective prior to the date that written notice of termination is
actually received in the offices of the Fund and provided that the Pool Member agrees to and shall pay the applicable premium and
contribution for those coverages it is terminating until the date the notice of termination is actually received by the Fund.
The Fund shall provide the Pool Member with Declarations of Coverage and any Endorsements that determine the applicability of the Texas
Municipal League Cyber Liability and Data Breach Response Self-Insurance Plan annually by December 1. Such Declarations of
Coverage shall include, but not be limited to, the coverage period which shall be the applicable Fund Year, limits, deductibles,
contributions, special provisions, and limitations. Changes made during the Fund Year, whether requested by the Pool Member or
required by the Fund, will be handled by Endorsement.
It is the intention of the parties that the Pool Member’s coverages under this Interlocal Agreement shall remain in full force and effect
from Fund Year to Fund Year, subject to the limits of liability that the Fund can provide each Fund Year and the terms, conditions, and
limitations that the Fund may require to protect its solvency and to comply with reinsurance requirements, until notice of termination is
given as herein provided. Realizing that the Pool Member needs the earliest possible information concerning the Fund coverages, limits,
and exclusions, and the Pool Member’s contribution that will be required for any new Fund Year, the Fund will endeavor to provide this
information as soon as possible before the beginning of each Fund Year. The parties recognize, however, that conditions in the reinsurance
industry are such that the Fund may not be able to provide this information to the Pool Member before the beginning of a Fund Year for
various reasons including the failure of the Pool Member to timely submit the appropriate exposure summary or delays on the part of
reinsurers in getting information to the Fund, and so, to protect the Pool Member from gaps in its coverage and to protect the solvency
of the Fund, the parties agree as follows:
If, for any reason other than the Pool Member’s failure to provide the information requested in the exposure summary, the Fund has not
been able to provide the Pool Member with information concerning available coverages for a new Fund Year or advise the Pool Member
of the amount of its contribution for the new Fund Year by the beginning of the Fund Year, the Fund shall nevertheless continue the
Pool Member’s coverages at the same limits of liability (if still available and if not, then at the highest limit of liability available for the
new Fund Year) so that the Pool Member shall at all times remain covered as herein provided and the Pool Member’s initial contributions
for the new Fund Year shall be determined by a “tentative contribution” as determined by the Board with the Pool Member’s actual
annual contribution to be credited by the amount paid in accordance with the tentative contribution and adjusted during the Fund Year.
In the event the Pool Member does not wish to have its coverages extended or renewed at the end of any Fund Year, the burden shall be
upon the Pool Member to give written notice to the Fund as provided hereinabove and the Pool Member agrees to pay as hereinabove
stated all contributions or pro rata contributions until the date such written notice is received in the offices of the Fund or the date of
termination of this Interlocal Agreement, whichever is later.
6. Commensurate with the execution of this Interlocal Agreement and annually thereafter, the Pool Member shall complete the appropriate
exposure summary and deliver it or cause it to be delivered to the Fund, or, if so instructed, to a designated contractor, no later than
September 1 of each year and new annual contributions shall be calculated using manual rates times exposure, less any adjustments.
Intentional or reckless misstatements on the exposure summary shall be grounds for cancellation. In the event that the Pool Member
fails or refuses to submit the appropriate exposure summary, the Fund reserves the right to terminate such Pool Member by giving thirty
(30) days’ written notice and to collect any and all contributions that are earned pro rata for the period preceding contract termination.
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Revised 04/2024
The Pool Member agrees to pay the annual contribution to the Fund in four (4) equal quarterly installments, in advance, commencing at
the beginning of this Interlocal Agreement with subsequent installments due the first quarter thereafter. In the event this Interlocal
Agreement is terminated as herein provided, the Fund shall promptly repay to the Pool Member any such unearned annual contribution
prorated as of the date of termination and the Pool Member agrees during the term of this Interlocal Agreement to promptly pay all
reimbursable deductibles upon receipt of statement.
At the end of each and every Fund Year, the Fund may require the Pool Member to submit the actual data requested on the exposure
summary as reflected by the books and records of the Pool Member. The Fund reserves the right to audit the records of any Pool Member
and adjust contributions accordingly.
In the event that the Pool Member fails or refuses to make the payments, including accrued interest, as herein provided, the Fund reserves
the right to terminate such Pool Member by giving them ten (10) days’ written notice and to collect any and all amounts that are earned
pro rata for the period preceding contract termination. If the amounts owed, including reimbursable deductibles, must be collected by
suit, the Pool Member agrees to pay attorneys’ fees and costs incurred in such suit.
7. The Fund shall maintain adequate protection from catastrophic losses to protect its financial integrity. Aggregate protection shall also be
maintained. The Member’s contributions shall be limited to that amount as calculated under this Interlocal Agreement. Notwithstanding
anything to the contrary, the total combined aggregate limit of liability of the Fund for all Pool Members in any Fund Year, regardless
of the number of occurrences or claims, shall be limited to the amount of money contained in the Fund. As to the Pool annual aggregate
limits or the amount of money in the Fund, the Board of Trustees, in its sole discretion, may determine an allocation methodology among
affected Pool Members should the Pool annual aggregate limit be reached, or should the money in the Fund be exhausted.
8. Notwithstanding the provisions of the foregoing paragraph, it is agreed the Board shall have the right to adjust the financial protection
outlined above and/or amend coverages as it finds available or deems necessary to maintain the fiscal soundness of the Fund at the
beginning of or during any Fund Year.
9. The Fund will make available loss control services to the Pool Members to assist them in following a plan of loss control that may result
in reduced losses. The Pool Member agrees that it will cooperate in instituting any and all reasonable loss control recommendations. In
the event that the recommendations submitted seem unreasonable, the Pool Member has a right to appeal to the Board. The Board shall
hear the objections of the Pool Member at its next regularly scheduled meeting and its decisions will be final and binding on all parties.
Any Pool Member who does not agree to follow the decision of the Board shall be withdrawn from the Fund immediately.
10. The Pool Member agrees that it will appoint a contact of department head rank, and the Fund shall not be required to contact any other
individual except this one person. Any notice to or any agreements with the contact shall be binding upon the Pool Member. The Pool
Member reserves the right to change the contact from time to time by giving written notice to the Fund.
11. The Fund agrees to handle all cyber liability and data breach response claims, and provide a defense for any and all cyber liability and
data breach response claims covered under this Interlocal Agreement after prompt notice has been given. The Pool Member hereby
appoints the Fund staff and Contractors as its agents to act in all matters pertaining to processing and handling of claims covered under
this Interlocal Agreement and shall cooperate fully in supplying any information needed or helpful in settlement or defense of such
claims. As respects cyber liability and data breach response claims, the Fund staff and Contractors shall carry on all negotiations with
the claimant and his/her attorney, when applicable, and negotiate within authority previously granted by the Fund. If a personal
appearance by the Pool Member or an employee is necessary, the expense of this appearance will not be the responsibility of the Fund.
With the advice and consent of the Fund, the Fund staff and the Contractors will retain and supervise legal counsel for the prosecution
and defense of any litigation. All decisions on individual cases shall be made by the Fund through the Fund staff and the Contractors,
which include, but are not limited to, the decision to appeal or not to appeal, settlement negotiations, the decision of whether to settle,
and other litigation tactics. However, any Pool Member shall have the right in any case to consult with the Fund on any decision made
by the Fund staff or Contractors. The Board shall hear the objections of the Pool Member at its next regularly scheduled meeting and its
decision will be final and binding on all parties. Any suit brought or defended by the Fund shall be brought or defended only in the name
of the Pool Member and/or its officers or employees. There shall be supplied periodically to each Pool Member a computer printout
involving a statement of claims. As respects the Texas Municipal League Cyber Liability and Data Breach Response Self-Insurance Plan,
the Fund shall have priority in enforcing its subrogation claims against the claims of Pool Member.
12. The Pool Member acknowledges that it has received a copy of the Bylaws of the Fund and agrees to abide by the Bylaws and any
amendments thereto.
13. The Fund agrees that all Fund transactions will be annually audited by a nationally recognized certified public accounting firm.
14. If legally required, the Fund shall cause to be filed the necessary tax forms with the Internal Revenue Service.
20
Revised 04/2024
15. As the administrators of the Fund, the Board shall primarily and consistently keep foremost in their deliberations and decisions in
operating the Fund that each of the participating Pool Members is a “self-insured.” At least annually, the Board shall carefully review,
study, and consider the actual claims or loss experience (including reserves for future claims payments) of each of the Pool Members,
the pro rata savings to the Fund resulting from overall loss experience attributed to each Pool Member, and the pro rata portion of the
cost of all catastrophic loss protection and aggregate stop loss protection allocated to each Pool Member as well as the pro rata allocation,
as determined by the Board of the other and necessary administrative expenses of the Pool, in order to reasonably determine the actual
pro rata cost, expense, and loss experience of each Pool Member in order to maintain as nearly as possible an equitable and reasonable
self-insurance administration of the Fund as applied to each Pool Member.
The Fund shall maintain case reserves and supplemental reserves computed in accordance with standard actuarial principles, taking into
account historical and other data, designed to measure claims development and claims incurred but not yet reported, so that funds will
be available to meet these claims as they become due, subject to paragraph 7 above. The Board has complete authority to determine all
matters pertaining to the existence and dissolution of the Fund.
16. Venue of any suit or action arising out of or related to this Interlocal Agreement shall be exclusively in the state and federal courts of
Travis County, Texas. The parties agree they shall assume their own expenses for attorney’s fees in any suit or action arising out of or
related to this Interlocal Agreement.
17. The parties agree this Interlocal Agreement may be executed by original written ink signature on paper documents, an exchange of copies
showing the original written ink signature on paper documents, or electronic or digital signature technology in such a manner that the
signature is unique and verifiable to the person signing. The use of any one or combination of these methods of execution shall constitute
a legally binding and valid signing of this Interlocal Agreement, which may be executed in one or more counterparts, each of which,
when duly executed, shall be deemed an original.
EMPLOYER MEMBERS’ FUND CONTACT (See Section 10):
Member Name _________________________________________________________________________________________________________________________________
Name of Contact __________________________________________________________________ Title _______________________________________________________
Mailing Address ___________________________________________________________________ Email Address ___________________________________________
Street Address (if different from above) _____________________________________________________________________________________________________
City ____________________________________________________________________________Zip _______________________ Phone_______________________________
___________________________________________________________________________________________________________________________________________________
SIGNATURE OF AUTHORIZED MEMBER OFFICIAL
____________________________________________________________________________ ______________________________________________________________
Title Date
Member’s Federal Tax I.D. Number _____ _____ - _____ _____ _____ _____ _____ _____ _____
This Information is MANDATORY
TO BE COMPLETED BY FUND: (OFFICE USE ONLY)
Effective Date of This Agreement ____________________________________________________________________________________________________________
Member Name _________________________________________________________________________________________________________________________________
Contract Number ______________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________________________
SIGNATURE OF AUTHORIZED FUND OFFICIAL
___________________________________________________________________________ ________________________________________________________________
Title Date
21
AGENDA ITEM
Information Technology
TO:Mayor, City Council, and City Manager
DATE SUBMITTED:June 25, 2024
MEETING DATE:July 02, 2024
SUMMARY OF
REQUEST:
Consider approving an interlocal agreement with TMLIRP for
cyber insurance. (IT, Cuellar)
Background:
The City has had a cyber insurance policy with the Texas Municipal League
Intergovernmental Risk Pool since October 1, 2016.
The Pool has funded the cyber insurance program under the Property and Liability Fund since
10/1/2016. Pool Members that have Property or Liability coverage through the Pool were
provided a base level of Cyber coverage at no cost. Options were available for Members to
increase their Cyber limits to better address their true Cyber exposure. For the 2024/2025
fund year, the Pool is segregating the cyber program into a separate fund to provide protection
from a cyber event impacting Member Equity and protecting the other Pool funds. This was
necessitated by the increase in both frequency and severity of cyber events, specifically
targeting public entities and the potential impact of a wide-spread event that could affect
multiple organizations simultaneously.
The creation of a new Fund will require the execution of a new Cyber Interlocal Agreement,
similar to when both the Workers’ Compensation Fund and the Property/Liability Fund were
created. This will allow the Pool to continue providing Cyber insurance coverage to the City.
22
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2024 - ________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT WITH TEXAS MUNICIPAL LEAGUE
INTERGOVERNMENTAL RISK POOL FOR CYBER LIABILITY AND
DATA BREACH RESPONSE INSURANCE FOR THE PURPOSES OF
PROVIDING COVERAGES AGAINST CYBER RISKS; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1.That the City Managerofthe City of The Colony, Texas, is hereby authorized
and empowered to execute an Interlocal Cooperation Agreement with Texas Municipal League
Intergovernmental Risk Pool for cyber liability and data breach response insurance for the purposes
of providing coverages against cyber risks.
Section 2.That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 2ND DAY OF JULY 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
23
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: July 2, 2024
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute Contract Amendment #1 in the amount
of $15,000.00 with Building Code Consulting Services, LLC. for additional Building Code and Energy Code Plan
Review and Inspection Services. (Hartline)
Suggested Action:
Background:
The city uses Building Code Consulting Services, LLC (BCCS) to assist with Building Code and Energy Code
Plan Reviews and Inspection services for development projects. Due to the increased development that is
occurring in The Colony this year and the loss of one (1) full time employee that hasn’t been replaced to date,
additional services are needed from BCCS. Contract Amendment #1 will increase the contract funding for
BCCS by $15,000.00 to a total contract amount of $64,000.00.
Attachments:
Contract Amendment #1 with Building Code Consulting Services
Financial Summary
4.4 Res. 2024-xxx Building Code Consulting Inc.doc
24
25
26
FINANCIAL SUMMARY:
Are budgeted funds available: Yes No Amount budgeted/available: $64,000.00
Fund(s) (Name and number): 100-669-6210
Source of Funds: Annual Budget for Engineering FY 2023-2024
Cost of recommended Contract Amendment: $15,000.00
Total estimated project cost:
$ 49,000.00 Building Plan Review/Inspection services Already authorized Yes No
$ 15,000.00 Contract Amendment #1 Already authorized Yes No
$ 64,000.00 Total estimated costs
27
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
CONTRACT AMENDMENT #1 WITH BUILDING CODE CONSULTING
SERVICES, LLC, FOR ADDITIONAL BUILDING CODE AND ENERGY
CODE PLAN REVIEW AND INSPECTION SERVICES; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City and Consultant have entered into a consultant’s contract for
additional building code and energy code plan review and inspection services for the City of The
Colony; and
WHEREAS, the City has determined that it is in the best interest of the City to amend
the contract with Building Code Consulting Services, LLC, under the terms and conditions
provided therein; and
WHEREAS, with this contract amendment, the City of The Colony is agreeing to pay
the sum of $15,000.00 to reflect the work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1.The Consultant’s Contract, having been reviewed by the CityCouncil of the City
of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens,
be, and the same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the
City of The Colony, Texas.
Section 3.This resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 2ND DAY OF JULY, 2024.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
28
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
29
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: July 2, 2024
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $378,058.95 with Road Solutions, LLC. for the South Colony Boulevard and Village at 121/Floor
and Decor Intersection Traffic Signal Project. (Hartline)
Suggested Action:
Background:
City Council approved funding for the installation of a new traffic signal at the entrances located at the
intersection of South Colony Boulevard and Village at 121/Floor and Decor in the 2023-2024 CIP budget. The
traffic signal will assist with the increased vehicular traffic loads that will be generated from the JPI Morningstar
Apartment Complex Development and other new retail businesses in the two retail centers.
The project will include the installation of 4 signal poles/mast arm assemblies, installation of a traffic signal
control box, traffic signal heads, pedestrian crossing signal poles, installation of electric conduit and the
placement of pavement markings and signage to provide a complete controlled signal for both vehicular and
pedestrian traffic.
The project bids were opened on May 2, 2024 and the low bidder was Road Solutions, LLC. at a cost of
$378,058.95. Westwood Professional Services, the Project Design Engineer, received positive feedback from
representatives from TxDOT, NTTA and North Richland Hills that have previously worked with the contractor
and they recommend approval of the contract with this company. See attached Engineering Recommendation
Letter for additional information. With approval, the project is anticipated to start construction in September
2024 with an estimated completion in August 2025.
Attachments:
Location Map
Bid Tabulation Summary
Engineering Recommendation Letter
Financial Summary
Res. 2024-xxx Road Solutions Inc. Project.docx
30
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µLocation MapSouth Colony Boulevard and Village at 121/Floor and Decor Intersection Traffic Signal Project
Location for the South Colony Boulevard and Village at 121 Intersection Traffic Signal
Floor & Decor
Rooms To Go
Abuelos
New RetailBuilding
New ProposedURWLD
New ProposedPlanet Fitness
Proposed JPI Morningstar Apartment Complex
31
Bid Opening: May 2, 2024
VENDOR TOTAL AMOUNT OF BID BID BOND
RECEIVED
ADDENDUM 1
RECEIVED
Durable Specialties 543,619.50$ Y N
Road Solutions LLC 378,058.95$ Y Y
Roadway Solution Inc 419,380.00$ Y Y
DATE:May 3, 2024
Westwood Professional Services Consultant Signature:
Westwood Professional Services Consultant Print Name:
RFB 69-24-09 S. COLONY BLVD VILLAGE @ 121 ENTRANCE SIGNAL
BID TABULATION for
CITY OF THE COLONY
THE SEAL APPEARING ON THIS DOCUMENT WAS
AUTHORIZED BY CARL B. LAFERNEY, P.E. 108697
ON 05/16/2024. ALTERATION OF A SEALED
DOCUMENT WITHOUT PROPER NOTIFICATION TO
THE RESPONSIBLE ENGINEER IS AN OFFENSE
UNDER THE TEXAS ENGINEERING PRACTICE ACT.
Carl LaFerney, PE, PTOE, RSP1
32
33
34
35
Financial Summary:
Are budgeted funds available: Yes Amount budgeted/available: $410,000.00
Source of Funds: Fund 895-669-6672-2471
Cost of recommended bid/contract award: $378,058.95
Total estimated project cost:
$ 29,900.00 Engineering Already authorized Yes No
$ 378,058.95 Construction Already authorized Yes No
$ 407,958.95 Total estimated costs
36
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 CONSTRUCTION SERVICES CONTRACT BETWEEN THE
CITY OF THE COLONY AND ROAD SOLUTIONS, LLC. FOR THE
SOUTH COLONY BOULEVARD AND VILLAGE AT 121/FLOOR AND
DÉCOR INTERSECTION TRAFFIC SIGNAL PROJECT; 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 has determined that it is in the best interest of the City to enter into
a Construction Services Contract with Road Solutions, LLC. for the South Colony Boulevard and
Village at 121/Floor and Décor Intersection Traffic Signal Project in the amount of $378,058.95.
Section 2. The City Manager is hereby authorized to execute the contract on behalf of the
City of The Colony, Texas.
Section 3.This resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 2ND DAY OF JULY 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
37
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 2, 2024
Submitted by: Tina Stewart
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider all matters incident and related to approving and authorizing publication of Notice of
Intention to Issue Certificates of Obligation, including the adoption of a resolution pertaining thereto. (L.
Williams)
Suggested Action:
Attachments:
The Colony CO Series 2024 Timetable - draft 6.24.24.pdf
Res. 2024-xxx Notice of Intent to Issue Certificates of Obligation.docx
38
S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3
7 8 9 10 11 12 13 4 5 6 7 8 9 10
14 15 16 17 18 19 20 11 12 13 14 15 16 17
21 22 23 24 25 26 27 18 19 20 21 22 23 24
28 29 30 31 25 26 27 28 29 30 31
S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 5
8 9 10 11 12 13 14 6 7 8 9 10 11 12
15 16 17 18 19 20 21 13 14 15 16 17 18 19
22 23 24 25 26 27 28 20 21 22 23 24 25 26
29 30 27 28 29 30 31
Complete
By Day Event
1-Jul-24 Monday HilltopSecurities requests inform ation for preparation of the Official Statem ent
2-Jul-24 Tuesday Council meeting to approve publication of Notice of Intent
for Certificates
5-Jul-24 Friday 1st Notice of Intent Published
12-Jul-24 Friday 2nd Notice of Intent Published
12-Jul-24 Friday HilltopSecurities receives requested inform ation.
HilltopSecurities begins preparati on of the Official Statement
19-Jul-24 Friday Draft Preliminary Official Statement distributed to the City and Bond
Counsel
26-Jul-24 Friday HilltopSecurities receives comments on Preliminary Official Statement
29-Jul-24 Monday Distribute POS to Rating Agencies
Ratings Conference Calls
23-Aug-24 Friday Receive Ratings
26-Aug-24 Monday Electronically mail Official Statement to Potential Purchasers
3-Sep-24 Tuesday Pricing
3-Sep-24 Tuesday City passes Ordinance authorizing issuance of the Certificates
3-Oct-24 Thursday Certificate Closing and Delivery of Funds to the City
Aug-24
Sep-24 Oct-24
Week of August 5th - 9th
Combination Tax & Limited Surplus Revenue Certificates of Obligations, Series 2024
Preliminary Schedule of Events
Jul-24
Bold Indicates City Council action
Prepared by: Hilltop Securities Inc.
39
RESOLUTION NO. 2024 - ________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS
APPROVING AND AUTHORIZING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION.
WHEREAS, the City Council of the City of The Colony, Texas (the “City”), has determined
that certificates of obligation should be issued under and pursuant to the provisions of Texas Local
Government Code, Subchapter C of Chapter 271, as amended, for the purpose of paying
contractual obligations to be incurred for (i) constructing, improving and renovating streets, alleys,
culverts and bridges, including drainage and erosion control, landscaping, screening walls, curbs,
gutters, sidewalks, lighting, signage and traffic signalization incidental thereto and the acquisition
of land, equipment and rights-of-way therefor, (ii) constructing, improving and equipping the City’s
waterworks and sewer system and the acquisition of land and rights-of-way therefor, (iii) the
acquisition of equipment, vehicles and trailers for public safety facilities, (iv) constructing,
improving , renovating and equipping the City’s animal shelter, (v) the acquisition and installation
of information technology systems equipment for the City, (vi) renovating, improving and
equipping existing buildings housing the governmental functions of the City, (vii) constructing
drainage improvements and the acquisition of equipment, land and rights-of-way therefor,
(viii) acquisition and installation of fleet services maintenance equipment and (ix) professional
services rendered in connection therewith; and
WHEREAS,prior to the issuance of such certificates, the City Council is required to publish
notice of its intention to issue the same in a newspaper of general circulation in the City, said
notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance
authorizing the issuance of the certificates, (ii) the maximum amount proposed to be issued,
(iii) the purposes for which the certificates are to be issued and (iv) the manner in which the City
Council proposes to pay the certificates;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
SECTION 1: That the City Secretary is hereby authorized and directed to cause notice to
be published of the City Council’s intention to issue certificates of obligation, in one or more series,
in the principal amount not to exceed THIRTY SEVEN MILLION TWO HUNDRED SIXTY
THOUSAND DOLLARS ($37,260,000) for the purpose of paying contractual obligations to be
incurred for (i) constructing, improving and renovating streets, alleys, culverts and bridges,
including drainage and erosion control, landscaping, screening walls, curbs, gutters, sidewalks,
lighting, signage and traffic signalization incidental thereto and the acquisition of land, equipment
and rights-of-way therefor, (ii) constructing, improving and equipping the City’s waterworks and
sewer system and the acquisition of land and rights-of-way therefor, (iii) the acquisition of
equipment, vehicles and trailers for public safety facilities, (iv) constructing, improving , renovating
and equipping the City’s animal shelter, (v) the acquisition and installation of information
technology systems equipment for the City, (vi) renovating, improving and equipping existing
buildings housing the governmental functions of the City, (vii) constructing drainage
improvements and the acquisition of equipment, land and rights-of-way therefor, (viii) acquisition
and installation of fleet services maintenance equipment and (ix) professional services rendered
in connection therewith; such certificates to be payable from ad valorem taxes and a limited
pledge of the surplus net revenues of the City’s waterworks and sewer system. The notice hereby
approved and authorized to be published shall read substantially in the form and content of
40
201895808.3/1001164494 2
Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all
purposes.
SECTION 2: That the City Secretary shall cause the notice described above to be
(i) published in a newspaper of general circulation in the City, once a week for two consecutive
weeks, the date of the first publication to be at least forty-six (46) days prior to the date stated
therein for the passage of the ordinance authorizing the issuance of the Certificates and (ii) posted
continuously on the City’s website for at least forty-five (45) days before the date stated therein
for the passage of the ordinance authorizing the issuance of the Certificates.
[remainder of page intentionally left blank]
41
201895808.3/1001164494 3
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 2ND DAY OF JULY, 2024.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
City of The Colony, Texas
(City Seal)
42
EXHIBIT A
NOTICE OF INTENTION TO ISSUE
CITY OF THE COLONY, TEXAS
CERTIFICATES OF OBLIGATION
TAKE NOTICE that the City Council of the City of The Colony, Texas, shall convene at
6:30 p.m. on September 3, 2024, at its regular meeting place in City Hall located at 6800 Main
Street, The Colony, Texas, and, during such meeting, the City Council will consider the passage
of an ordinance authorizing the issuance of certificates of obligation, in one or more series, in an
amount not to exceed THIRTY SEVEN MILLION TWO HUNDRED SIXTY THOUSAND
DOLLARS ($37,260,000) for the purpose of paying contractual obligations to be incurred for
(i) constructing, improving and renovating streets, alleys, culverts and bridges, including drainage
and erosion control, landscaping, screening walls, curbs, gutters, sidewalks, lighting, signage and
traffic signalization incidental thereto and the acquisition of land, equipment and rights-of-way
therefor, (ii) constructing, improving and equipping the City’s waterworks and sewer system and
the acquisition of land and rights-of-way therefor, (iii) the acquisition of equipment, vehicles and
trailers for public safety facilities, (iv) constructing, improving , renovating and equipping the City’s
animal shelter, (v) the acquisition and installation of information technology systems equipment
for the City, (vi) renovating, improving and equipping existing buildings housing the governmental
functions of the City, (vii) constructing drainage improvements and the acquisition of equipment,
land and rights-of-way therefor, (viii) acquisition and installation of fleet services maintenance
equipment and (ix) professional services rendered in connection therewith, such certificates to be
payable from ad valorem taxes and a limited pledge of the surplus net revenues of the City’s
waterworks and sewer system. In accordance with Texas Local Government Code Section
271.049, (i) the current principal amount of all of the City’s outstanding public securities secured
by and payable from ad valorem taxes is $112,560,000; (ii) the current combined principal and
interest required to pay all of the City’s outstanding public securities secured by and payable from
ad valorem taxes on time and in full is $144,821,241; (iii) the estimated combined principal and
interest required to pay the certificates of obligation to be authorized on time and in full is
$58,555,000; (iv) the maximum interest rate for the certificates may not exceed the maximum
legal interest rate; and (v) the maximum maturity date of the certificates to be authorized is August
15, 2044. The certificates are to be issued, and this notice is given, under and pursuant to the
provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended.
Tina Stewart, City Secretary
City of The Colony, Texas
43
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 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).
Suggested Action:
Attachments:
44
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: July 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).
Suggested Action:
Attachments:
45