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HomeMy WebLinkAboutCity Packets - City Council - 08/20/2024 - RegularAgenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 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: August 20, 2024 Submitted by: Megan Charters Submitting Department: Library Item Type: Announcement Agenda Section: Subject: Receive presentation from the Library regarding upcoming events and activities. (Charters) Suggested Action: Attachments: 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 2024 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Presentation Agenda Section: Subject: Receive a presentation and update from Love Pacs. (Perez) Suggested Action: Attachments: Lovepacs_Request4Funding_TC_24-25.pdf 6 7 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 2024 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Presentation Agenda Section: Subject: Receive a presentation and update from The Colony Chamber of Commerce. (Perez) Suggested Action: Attachments: TC Chamber 24-25 funding request.pdf 8 Dear Joe, Subject: Budget Request for the Fiscal Year 2024/2025 I am writing to you on behalf of the Colony Chamber of Commerce to formally request funding support from the City of Colony for the upcoming fiscal year 2024/2025. As a pivotal partner in driving economic growth and development within our community, we aim to continue fostering a robust and vibrant business environment that benefits all residents of Colony. Over the last 90 days, I have been involved in the Chamber and understand the opportunities and challenges of The Colony Chamber and understand what needs to happen for our 2024/2025 programs to be a success. Background Over the past year, the Colony Chamber of Commerce has successfully spearheaded several initiatives aimed at enhancing business operations and community engagement, including: 1. Business Networking Events: Organized over 20 events that facilitated collaboration and knowledge-sharing among local businesses. 2. Small Business Workshops: Provided training and resources to over 100 small businesses to improve digital marketing, Health and Wellness programs, employee management, and customer service. 3. Community Engagement Projects: Partnered with local schools and non-profits on projects that enhanced community spirit and provided valuable services to residents. Objectives for Fiscal 2024/2025 To build on our past successes and address new challenges, we have identified the following objectives for the upcoming year: 1. Programs focusing on technology adoption and innovation for small and medium-sized businesses. 2. Increase Community Involvement: Implement initiatives that encourage greater community participation and interaction with local businesses. 3. Enhance Marketing and Promotion: Develop targeted campaigns to attract new businesses and tourists to Colony. Budget Request To achieve these objectives, we request a total budget allocation of $30,000 for the fiscal year. This budget will be allocated as follows: • $15,000 for Business Development Programs • $ 5,000 for Marketing and Promotion Efforts • $ 10,000 for Administrative and Operational Costs Justification 9 The requested funding will allow the Chamber to effectively support local businesses, create new jobs, and enhance the overall economic well-being of the City of Colony. The investment will result in increased tax revenues, improved public services, and a more vibrant and prosperous community. Conclusion We believe that with your support, the Colony Chamber of Commerce can significantly contribute to the city's continued economic success and community development. We appreciate your consideration of our budget request and look forward to the opportunity to further discuss how we can collaborate to achieve these goals. Thank you for your attention to this important matter. Please feel free to contact me directly at (610) 213-8246 or kdandrea@thecolonychamber.org should you require any additional information or clarification. Sincerely, Kellie DAndrea Executive Director The Colony Chamber of Commerce 10 Agenda Item No:3.3 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 2024 Submitted by: Joe Perez Submitting Department: General Admin Item Type: Presentation Agenda Section: Subject: Receive a presentation and update from Next Steps. (Perez) Suggested Action: Attachments: City of The Colony Funding Request.docx 11 August 7, 2024 Re: City of The Colony Funding Request Dear Mr. Mayor and Council, I hope this letter finds you well. I want to begin by expressing my heartfelt gratitude for your unwavering support of the nonprofit community in The Colony. Your dedication is invaluable to us as we work together for the benefit of our neighbors and the most vulnerable members of our community. I am delighted to share that the $6,000 grant you provided to Next Steps in the last fiscal year enabled us to host a fundraiser that grossed over $29,000—our most successful fundraiser to date. Thank you to everyone who attended or supported us in other ways Next Steps is currently running three major programs in The Colony: Shepherd’s House – A 4-bed transitional home for women looking to better their lives. Mission TC – A volunteer assistance program for residents needing exterior home repairs. The Colony Christmas Party – Our annual Christmas gift distribution run with the help of TCFD This year, we aim to bring nonprofits together under one roof to help eliminate obstacles and maximize our impact for our clients. By next year, we hope to submit a unified request for funding to establish The Colony Resource Center. This will be a significant undertaking, and we look forward to engaging with you for input and providing updates as we progress. 12 In the meantime, we would like to request funds for Next Steps The Colony to be used in the following ways: $7,000 for hosting our annual fundraiser. We exceeded our budget this year by $1,000 due to rising costs. For example, our insurance rider policy increased from $200 to $685. This is just one instance of the inflationary pressures we faced. $15,000 in general funding to be used at our discretion as needs arise. $6,000 for Mission TC. This program began three years ago as a mission trip for a local youth group and has evolved into a volunteer program operating every Saturday in The Colony. In the last 14 months, we have aided at 80 homes, utilizing 333 volunteers for 1,013 volunteer hours. The program's growth has exceeded our expectations, and we now seek funding to help residents who cannot afford materials or labor. We humbly ask you to consider our total request amount of $28,000. We are committed to continuing to serve our neighbors in need and to developing creative solutions to address the root causes of issues facing our growing city. Thank you in advance for supporting Next Steps and considering our request for support. Warm regards, Pamela De Santiago Executive Director 13 Agenda Item No:3.4 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 2024 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Presentation Agenda Section: Subject: Receive a presentation and update from CASA of Denton County. (Perez) Suggested Action: Attachments: CASA 2023 Statistics.pdf 2024 half year stats.pdf The Colony Funding CASA 2024-25.pdf 14 Number Served Cases Children Existing from 2022 189 300 Opened in 2023 147 250 Unduplicated Assisted in 2023 336 550 Residence of Removal Children ARGYLE 3 AUBREY 38 CARROLLTON 38 DALLAS 14 DENTON 201 FLOW ER MOUND 13 FRISCO 13 HASLET 2 JUSTIN 23 KRUM 2 LAKE DALLAS 7 LEW ISVILLE 94 LITTLE ELM 48 PILOT POINT 3 PONDER 10 PROSPER 3 RHOME 1 ROANOKE 8 SANGER 12 THE COLONY 17 Gender Children Male 288 Female 262 Age Children 0-5 244 6-11 161 12-17 121 18+*24 *Young adults can remain in the foster care system through age 21 CASA of Denton County, Inc. 2023 Program Statistics 15 Race/Ethnicity Children Caucasian 338 African American 156 Native American 1 Asian 3 Multi-racial 52 Hispanic/Latino 143 Non-Hispanic 407 Major Issues at Removal Children DomesticViolence 94 Drug Abuse 186 Emotional Abuse 3 Medical Neglect 11 Neglect /Neglectful Supervision 132 Refusal to accept Parental Responsibility 12 Physical Abuse 101 Sexual Abuse 15 Disposition of Case %Children Returned Home 37%86 Placed with Relative 14%30 Adopted by new family or relative 29%64 Emancipated from System 4%9 Legal Closure (dismissed/nonsuit)15%34 Total Child Cases Closed in 2023 223 Volunteer Advocacy Number of Volunteers on a case 198 New Advocates Trained 51 Volunteer Hours Reported 18,326 Volunteer Miles Driven 215,336 Children Served by Volunteer 84%463 Children's demographics continued 95% of children whose cases closed in 2023 were in a safe, stable environment, as defined by their CASA. 94% of final recommendations CASA made to the courts were accepted by judges and juries. (Cases may contain more than one major allegation) Outcomes Less than 1% of children served by CASA in 2023 re-entered the child welfare system within 6 months of case closure. 16 17 18 Agenda Item No:3.5 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 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: 19 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from August 6, 2024. (Stewart) Suggested Action: Attachments: August 6, 2024 DRAFT Minutes.docx 20 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON AUGUST 6, 2024 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:31 p.m.on the 6 th day of August 2024, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Deputy Mayor Pro Tem Robyn Holtz, Councilmember Brian Wade, Councilmember Dan Rainey, Councilmember Perry Schrag, Mayor Pro Tem Joel Marks, Councilmember Present Present Present Absent (Personal) Absent (Personal) Absent (Personal) Present And with 4 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 6:31 p.m. 1.2 Invocation Mayor 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 Presentation acknowledging the actions of City of The Colony police officer. Assistant Police Chief, Jay Goodson, acknowledged the heroism displayed by Police Officer, Edwardo Hernandez, during a traffic call. 1.6 Items of Community Interest 1.6.1 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 None. 21 City Council – Regular Meeting Agenda August 6, 2024 Page| 2 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. Mayor requested a future discussion on the city’s activities with various agencies regarding the numerous power outages experienced in the area served by Oncor. Councilmember Ensweiler requested an update on the alleys and streets that were promised. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda - Ensweiler; second by Holtz, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from July 16, 2024. 4.2 Consider approving Council expenditures for June 2024. 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution authorizing the City Manager to advertise a request for proposal for a Construction Manager at Risk for the Design, Bid and Build project delivery method for the City of The Colony Waste Water Treatment Plant expansion Phase II B. Director of Public Works, James Whitt and Carollo Engineers Project Manager/Associate Vice President, Troy Laman, presented this item to Council. Motion to approve-Ensweiler; second by Marks, motion carried with all ayes. RESOLUTION NO. 2024-055 5.2 Discuss and consider a resolution authorizing the City Manager to approve the proposed 2024/25 service contract between the City of The Colony and Special and Aging Needs (SPAN). Deputy City Manager, Joe Perez, gave an overview of this item. SPAN representatives reported on the services provided through the program. Council provided discussion on this item. Motion to approve –Ensweiler; second by Marks, motion carried with all ayes. RESOLUTION NO. 2024-056 22 City Council – Regular Meeting Agenda August 6, 2024 Page| 3 5.3 Consider approving a resolution authorizing the Mayor to execute an Amended and Restated Ground Sub-Sublease Agreement and Consent to Sub-Sublease and Non- Disturbance Agreement by and between the City of The Colony and Marine Quest - Hidden Cove, L.P., and authorizing the Mayor to execute said agreements, all contingent up on approval by the United States Corps of Engineers. Deputy City Manager, Brant Shallenburger, gave an overview of this item. Motion to approve –Ensweiler; second by Holtz, motion carried with all ayes. RESOLUTION NO. 2024-057 5.4 Discuss and consider approving a resolution authorizing the City Manager to execute a contract with Steele & Freeman, Inc., for the Trinity North City Hall renovations in the amount of $9,898,847.00. Deputy City Manager, Brant Shallenburger, presented this item to Council. Motion to approve –Marks; second by Holtz, motion carried with all ayes. RESOLUTION NO. 2024-058 5.5 Discuss and consider approving a resolution ordering the November 5, 2024 Election for at large positions, specifically Mayor, Place 1 and Place 2. Motion to approve– Ensweiler; second by Holtz, motion carried with all ayes. RESOLUTION NO. 2024-059 Executive Session was convened at 8:42 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 9:09 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 23 City Council – Regular Meeting Agenda August 6, 2024 Page| 4 ADJOURNMENT With there being no further business to discuss, the meeting adjourned at 9:09 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Kimberly Thompson, Deputy City Secretary 24 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 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 Municipal Building #5 Lease Agreement with Lakeside Community Theater for the Fiscal Year 2024-25. (Shallenburger) Suggested Action: Attachments: M#5 Lease Agreement - LCT -2024-25.pdf Res. 2024-xxx Lakeside Community Theatre Lease Agreement.doc 25 Page 1 of 11 LAC LEASE MUNICIPAL BUILDING #5 LEASE AGREEMENT ___________________________________________________________________________ 1. PARTIES: The parties to this lease are: The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: Lakeside Community Theatre. 2. PROPERTY: Landlord leases to Tenant the following real property: The property at 6303 Main Street, The Colony, TX 75056, referred to herein as the “Property”. 3. TERM: Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term of this Lease shall be for a period from October 1, 2024 (the “Commencement Date”), and end at 11:59 p.m. on the date through September 30, 2025 (the “Expiration Date”) or on such earlier date as this Lease may terminate as provided herein. 4. RENEWAL AND NOTICE OF TERMINATION: A. Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of their intention to renew the lease at the end of the current term. B. Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each full month during this lease. The first full month’s rent is due and payable not later than October 1, 2024. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before the first day of each month during this lease. Weekends, holidays, and mail delays do not excuse Tenant’s obligation to timely pay rent. B. Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated below and shall make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: City of The Colony, Texas Address: Parks and Recreation Department 5151 North Colony Boulevard, The Colony, TX 75056 C. Method of Payment: 26 Page 2 of 11 LAC LEASE (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant’s failure to make timely payments with good funds. D. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid through any subsequent term by providing at least 45 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will pay Landlord for each late payment: (1) an initial late charge on the 5th day of the month equal to $10.00 and (2) additional late charges of $5.00 per day beginning on the 6th day of the month until rent and late charges are paid in full. Total late charges (initial and additional) may not exceed $50.00 in any one month. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise remedies under Paragraph 19. 7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. Tenant must make any returned check good by paying such amount(s) plus any associated charges in certified funds. 8. SECURITY DEPOSIT: A. Security Deposit: Tenant has previously paid Landlord a security deposit in the amount of 27 Page 3 of 11 LAC LEASE $360.00. “Security deposit” has the meaning assigned to that term in Section 92.102 of the Texas Property Code. B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to Landlord or Landlord’s representative. C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender before Landlord is obligated to refund or account for the security deposit. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear; (b) costs for which Tenant is responsible to clean, deodorize, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) replacing unreturned keys, garage door openers, security devices, or other components; (f) the removal of unauthorized locks or fixtures installed by Tenant; (g) Landlord’s cost to access the Property if made inaccessible by Tenant; (h) packing, removing, and storing abandoned property; (i) removing abandoned or illegally parked vehicles; (j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default; (k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (l) mailing or delivery costs associated with sending notices to Tenant for any violations of this lease; and (m) any other unpaid charges or fees or other items Tenant is responsible to pay under this lease. 28 Page 4 of 11 LAC LEASE (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. 9. ACCESS BY LANDLORD: A. Landlord shall have access to the building at all times in order to facilitate routine and emergency maintenance, and necessary storage of any city property associated with the use of the building. 10. MOVE-OUT: A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same or similar condition as when received, normal wear and tear expected. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) “Normal wear and tear” means deterioration that occurs without negligence, carelessness, accident, or abuse outside of normal expectations associated with the normal use of the facility. (2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided under this lease. (3) “Abandonment” occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord’s reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move-Out: 29 Page 5 of 11 LAC LEASE (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in Section 54.045(b)-(e) of the Texas Property Code (2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10 C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. 11. PROPERTY MAINTENANCE: A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and other devices (of the same type and quality that are in the property on the Commencement Date); (4) take action to promptly eliminate any dangerous condition on the Property; (5) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (6) remove any standing water; (7) know the location and operation of the main water cut-off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; and (8) promptly notify Landlord, in writing, of all needed repairs. B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: 30 Page 6 of 11 LAC LEASE (1) remove any part of the property or any of Landlord’s personal property from the Property; (2) remove, change, add, or rekey any lock; (3) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (4) keep or permit any material which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (5) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (6) cause or allow any lien to be filed against any portion of the Property. C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in addition to exercising Landlord’s remedies under Paragraph 20, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. 12. REPAIRS: A. Repair Requests: All requests for repairs must be in writing and delivered to Designated Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. B. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition listed in paragraph 12(C)(1), regardless of the cause, without Landlord’s permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item will be at Landlord’s sole discretion. (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. C. Payment of Repair Costs: Repair costs will be paid as follows: (1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair: (a) a condition caused by the Landlord or the negligence of the Landlord; (b) wastewater stoppages or backups caused by deterioration, breakage, roots, ground condition, faulty construction, or malfunctioning equipment. 31 Page 7 of 11 LAC LEASE (c) a condition that adversely affects the health or safety of an ordinary tenant which is not caused by Tenant, an occupant, a member of Tenant’s family, or a guest or invitee of Tenant; and (d) a condition in the following items which is not caused by Tenant or Tenant’s negligence: (1) heating and air conditioning systems; (2) electrical repairs; (3) damage to doors, windows, or screens; (4) water heaters; or (5) water penetration from structural defects. (2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair: (a) a condition caused by Tenant, an occupant, a member of Tenant’s organization, or a guest or invitee of Tenant (a failure to timely report an item in need of repair or the failure to properly maintain an item may cause damage for which Tenant may be responsible); (b) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively service the Property; and (c) damage from windows or doors left open. 13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in writing. Installation of additional security devices or additional rekeying or replacement of security devices desired by Tenant will be paid by Tenant in advance and may be installed only by contractors authorized by Landlord. 14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke detectors in certain locations. Requests for additional installation, inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally damaging a smoke detector or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under Section 92.2611 of the Texas Property Code. 15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s guests, members, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus, etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s guests, or any occupants. 32 Page 8 of 11 LAC LEASE 16. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 17. SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting the Property. 18. CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation of all or a part of the property is a casualty loss. 19. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant with at least ten (10) days written notice to vacate; (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; and (3) Tenant will be liable for: (a) any lost rent; (b) Landlord’s cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord’s costs associated with eviction of Tenant, including but not limited to attorney’s fees, court costs, costs of service, and prejudgment interest; 33 Page 9 of 11 LAC LEASE (e) all Landlord’s costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section 24.005 of the Texas Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by attempting to relet the Property to acceptable tenants and reducing Tenant’s liability accordingly. 20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law, or this Paragraph. A. Early Termination Option: Tenant(s) in good standing (those who are in compliance with the lease) have the option to terminate this lease prior to the normal end of term or during any future renewal by providing the Landlord all of the following a) a minimum 45 day written notice, b) providing the last date of occupancy and c) submitting certified funds (Cashier’s Check, money orders or wire transfer) as an “Early Termination Fee” in the amount of 150% of one month’s rent at the time notice is provided. Rent will be prorated on a daily basis through the revised end of term. Tenant is required to conform to all other terms of the lease or the Early Termination Option will be forfeit and the tenant will be responsible for the full amount of rent as allowed by the lease. B. Assignment and Subletting: (1) Tenant may not assign this lease or sublet the Property without Landlord’s written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 20A, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. (3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. 34 Page 10 of 11 LAC LEASE (4) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant’s obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord’s written consent is voidable by Landlord. 21. ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing party. 22. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severability Clause: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. Venue for any action arising under this lease shall lie in the state district and county courts of Denton County, Texas. G. Signage. Tenant shall have the right to erect signs on any portion of the Property only in accordance with applicable laws, ordinances, and regulations. H. Taxes. Landlord shall be liable for any taxes levied or accessed against the Property, excluding any taxes levied or assessed for any personal property, furniture, or fixtures placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed against any personal property, furniture or fixtures placed by Tenant on the Property. 35 Page 11 of 11 LAC LEASE Executed and agreed to this ___ day of ________, 2024. _______________________________ ___________________________________ Troy Powell Donna Arnold City Manager, City of The Colony President, Lakeside Community Theatre Approved as to form: _______________________________ Jeff Moore, City Attorney 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 MUNICIPAL BUILDING #5 LEASE AGREEMENT WITH LAKESIDE COMMUNITY THEATER FOR FISCAL YEAR 2024-25 OF PROPERTY LOCATED AT 6303 MAIN STREET, THE COLONY, TEXAS; PROVIDING AN EFFECTIVE DATE WHEREAS,That the City Council of the City of The Colony, Texas, approved a building use policy establishing guidelines for the use and rental of City facilities; and WHEREAS, The Colony City Council has determined it to be in the best interest of its citizens to enter into a Lease Agreement from October 1, 2024 through September 30, 2025 with Lakeside Community Theater to lease a portion of the property located at 6303 Main Street, The Colony, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the city manager to execute an Agreement with Lakeside Community Theater for the use of a portion of the property located at 6303 Main Street, The Colony, Texas. Section 2.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 20TH DAY OF AUGUST 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:4.3 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 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 Lease Agreement with The Colony Chamber of Commerce for a space in the former Stewart Creek Elementary School Building for the Fiscal Year 2024-25. (Shallenburger) Suggested Action: Attachments: SC Lease Agreement - TCCOC- 2024-25.pdf Res. 2024-xxx Chamber of Commerce Lease Agreement.doc 38 Page 1 of 11 TCCOC LEASE LEASE AGREEMENT ___________________________________________________________________________ 1.PARTIES: The parties to this lease are: The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: The Colony Chamber of Commerce 2.PROPERTY: Landlord leases to Tenant the following real property: A mutually agreed upon portion of the property at 4431 Augusta St. The Colony, TX 75056, identified in Exhibit “A”, and referred to herein as the “Property”. 3.TERM: Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term of this Lease shall be for a period from October 1, 2024 (the “Commencement Date”), and end at 11:59 p.m. on the date through September 30, 2025 (the “Expiration Date”) or on such earlier date as this Lease may terminate as provided herein. 4.RENEWAL AND NOTICE OF TERMINATION: A.Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of their intention to renew the lease at the end of the current term. B.Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). 5.RENT: A.Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each full month during this lease. The first full month’s rent is due and payable not later than October 1, 2024. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before the first day of each month during this lease. Weekends, holidays, and mail delays do not excuse Tenant’s obligation to timely pay rent. B.Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated below and shall make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: City of The Colony, Texas Address: Parks and Recreation Department 5151 North Colony Boulevard, The Colony, TX 75056 C.Method of Payment: 39 Page 2 of 11 TCCOC LEASE (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant’s failure to make timely payments with good funds. D. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid through any subsequent term by providing at least 45 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will pay Landlord for each late payment: (1) an initial late charge on the 5th day of the month equal to $10.00 and (2) additional late charges of $5.00 per day beginning on the 6th day of the month until rent and late charges are paid in full. Total late charges (initial and additional) may not exceed $50.00 in any one month. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise remedies under Paragraph 19. 7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. Tenant must make any returned check good by paying such amount(s) plus any associated charges in certified funds. 8. SECURITY DEPOSIT: A. Security Deposit: Tenant has previously paid a security deposit to Landlord in the amount 40 Page 3 of 11 TCCOC LEASE of $360.00. “Security deposit” has the meaning assigned to that term in Section 92.102 of the Texas Property Code. B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to Landlord or Landlord’s representative. C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender before Landlord is obligated to refund or account for the security deposit. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear; (b) costs for which Tenant is responsible to clean, deodorize, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) replacing unreturned keys, garage door openers, security devices, or other components; (f) the removal of unauthorized locks or fixtures installed by Tenant; (g) Landlord’s cost to access the Property if made inaccessible by Tenant; (h) packing, removing, and storing abandoned property; (i) removing abandoned or illegally parked vehicles; (j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default; (k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (l) mailing or delivery costs associated with sending notices to Tenant for any violations of this lease; and (m) any other unpaid charges or fees or other items Tenant is responsible to pay under this lease. 41 Page 4 of 11 TCCOC LEASE (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. 9. ACCESS BY LANDLORD: Landlord shall have access to the building at all times in order to facilitate routine and emergency maintenance, and necessary storage of any city property associated with the use of the building. 10. MOVE-OUT: A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same or similar condition as when received, normal wear and tear expected. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) “Normal wear and tear” means deterioration that occurs without negligence, carelessness, accident, or abuse outside of normal expectations associated with the normal use of the facility. (2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided under this lease. (3) “Abandonment” occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord’s reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move-Out: 42 Page 5 of 11 TCCOC LEASE (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in Section 54.045(b)-(e) of the Texas Property Code (2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10 C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. 11. PROPERTY MAINTENANCE: A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and other devices (of the same type and quality that are in the property on the Commencement Date); (4) take action to promptly eliminate any dangerous condition on the Property; (5) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (6) remove any standing water; (7) know the location and operation of the main water cut-off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; and (8) promptly notify Landlord, in writing, of all needed repairs. B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: 43 Page 6 of 11 TCCOC LEASE (1) remove any part of the property or any of Landlord’s personal property from the Property; (2) remove, change, add, or rekey any lock; (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (5) keep or permit any material which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (6) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (7) cause or allow any lien to be filed against any portion of the Property. C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in addition to exercising Landlord’s remedies under Paragraph 19, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. 12. REPAIRS: A. Repair Requests: All requests for repairs must be in writing and delivered to Designated Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. B. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition listed in Paragraph 12(C)(1), regardless of the cause, without Landlord’s permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, will be at Landlord’s sole discretion. (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. C. Payment of Repair Costs: Repair costs will be paid as follows: (1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair: (a) a condition caused by the Landlord or the negligence of the Landlord; 44 Page 7 of 11 TCCOC LEASE (b) wastewater stoppages or backups caused by deterioration, breakage, roots, ground condition, faulty construction, or malfunctioning equipment. (c) a condition that adversely affects the health or safety of an ordinary tenant which is not caused by Tenant, an occupant, a member of Tenant’s family, or a guest or invitee of Tenant; and (d) a condition in the following items which is not caused by Tenant or Tenant’s negligence: (1) heating and air conditioning systems; (2) electrical repairs; (3) damage to doors, windows, or screens (4) water heaters; or (5) water penetration from structural defects. (2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair: (a) a condition caused by Tenant, an occupant, a member of Tenant’s organization, or a guest or invitee of Tenant (a failure to timely report an item in need of repair or the failure to properly maintain an item may cause damage for which Tenant may be responsible); (b) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively service the Property; and (c) damage from windows or doors left open. 13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in writing. Installation of additional security devices or additional rekeying or replacement of security devices desired by Tenant will be paid by Tenant in advance and may be installed only by contractors authorized by Landlord. 14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke detectors in certain locations. Requests for additional installation, inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally damaging a smoke detector or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under Section 92.2611 of the Texas Property Code. 15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s guests, members, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus, 45 Page 8 of 11 TCCOC LEASE etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s guests, or any occupants. 16.HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 17.SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting the Property. 18.CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation of all or a part of the property is a casualty loss. 19.DEFAULT: A.If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B.If Tenant fails to comply with this lease, Tenant will be in default and: (1)Landlord may terminate Tenant’s right to occupy the Property by providing Tenant with at least ten (10) days written notice to vacate; (2)all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; and (3) Tenant will be liable for: (a)any lost rent; (b)Landlord’s cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c)repairs to the Property for use beyond normal wear and tear; 46 Page 9 of 11 TCCOC LEASE (d)all Landlord’s costs associated with eviction of Tenant, including but not limited to attorney’s fees, court costs, costs of service, and prejudgment interest; (e)all Landlord’s costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f)any other recovery to which Landlord may be entitled by law. C.Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section 24.005 of the Texas Property Code. D.Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by attempting to relet the Property to acceptable tenants and reducing Tenant’s liability accordingly. 20.EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law, or this Paragraph. A.Early Termination Option: Tenant(s) in good standing (those who are in compliance with the lease) have the option to terminate this lease prior to the normal end of term or during any future renewal by providing the Landlord all of the following a) a minimum 45 day written notice, b) providing the last date of occupancy and c) submitting certified funds (Cashier’s Check, money orders or wire transfer) as an “Early Termination Fee” in the amount of 150% of one month’s rent at the time notice is provided. Rent will be prorated on a daily basis through the revised end of term. Tenant is required to conform to all other terms of the lease or the Early Termination Option will be forfeit and the tenant will be responsible for the full amount of rent as allowed by the lease. B.Assignment and Subletting: (1)Tenant may not assign this lease or sublet the Property without Landlord’s written consent. (2)If Tenant requests an early termination of this lease under this Paragraph 20A, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. (3)Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a 47 Page 10 of 11 TCCOC LEASE sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4)Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant’s obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord’s written consent is voidable by Landlord. 21.Notice to Parties: A.Notice to Landlord shall be delivered to : City of The Colony Attn: Brant Shallenburger 6800 Main Street The Colony, TX 75056 B.Notice to Tenant shall be delivered to: The Colony Chamber of Commerce P.O. Box 560006 The Colony, TX 75056 22.ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing party. 23.AGREEMENT OF PARTIES: A.Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B.Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C.Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D.Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. 48 Page 11 of 11 TCCOC LEASE E.Severability Clause: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F.Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. Venue for any action arising under this lease shall lie in the state district and county courts of Denton County, Texas. G.Signage. Tenant shall have the right to erect signs on any portion of the Property only in accordance with applicable laws, ordinances, and regulations. H.Taxes. Landlord shall be liable for any taxes levied or accessed against the Property, excluding any taxes levied or assessed for any personal property, furniture, or fixtures placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed against any personal property, furniture or fixtures placed by Tenant on the Property. Executed and agreed to this ___ day of ________, 2024. _______________________________ ____________________________ Troy Powell Kellie D’Andrea City Manager Executive Director City of The Colony The Colony Chamber of Commerce Approved as to form: _______________________________ Jeff Moore, City Attorney 49 LE G E N D Th e C o l o n y C h a m b e r o f C o m m e r c e O f f i c e s 44 3 1 A u g u s t a S t , Th e C o l o n y , T X 7 5 0 5 6 NE W R E C R E A T I O N B U I L D I N G M A P 1 džŚŝďŝƚΗΗ 50 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 LEASE AGREEMENT WITH THE COLONY CHAMBER OF COMMERCE FOR SPACE IN THE FORMER STEWART CREEK ELEMENTARY SCHOOL BUILDING LOCATED AT 4431 AUGUSTA STREET, THE COLONY, TEXAS; PROVIDING AN EFFECTIVE DATE WHEREAS,That the City Council of the City of The Colony, Texas, approved a building use policy establishing guidelines for the use and rental of City facilities; and WHEREAS, The Colony City Council has determined it to be in the best interest of its citizens to enter into a Lease Agreement from October 1, 2024 through September 30, 2025 with The Colony Chamber of Commerce to lease a space in the former Stewart Creek Elementary School Building at 4431 Augusta Street, The Colony, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the city manager to execute an Agreement with The Colony Chamber of Commerce for space in the former Stewart Creek Elementary School Building located at 4431 Augusta Street, The Colony, Texas. Section 2.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 20TH DAY OF AUGUST 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 51 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 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 Government Center Lease Agreement with American Legion Holley-Riddle Post 21 for the Fiscal Year 2024-25. (Shallenburger) Suggested Action: Attachments: GC Lease Agreement - AL - 2024-25.pdf Res. 2024-xxx American Legion HR Lease Agreement.doc 52 Page 1 of 11 LAC LEASE LEASE AGREEMENT ___________________________________________________________________________ 1. PARTIES: The parties to this lease are: The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: American Legion Holley-Riddle Post 21 2. PROPERTY: Landlord leases to Tenant the following real property: A portion of the property at 6301 Main Street The Colony, TX 75056 more particularly identified as area A in Exhibit “A”, referred to herein as the “Property”. 3. TERM: Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term of this Lease shall be for a period from October 1, 2024 (the “Commencement Date”), and end at 11:59 p.m. on the date through September 30, 2025 (the “Expiration Date”) or on such earlier date as this Lease may terminate as provided herein. 4. RENEWAL AND NOTICE OF TERMINATION: A. Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of their intention to renew the lease at the end of the current term. B. Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each full month during this lease. The first full month’s rent is due and payable not later than October 1, 2023. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before the first day of each month during this lease. Weekends, holidays, and mail delays do not excuse Tenant’s obligation to timely pay rent. B. Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated below and shall make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: City of The Colony, Texas Address: Parks and Recreation Department 5151 North Colony Boulevard, The Colony, TX 75056 C. Method of Payment: 53 Page 2 of 11 LAC LEASE (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant’s failure to make timely payments with good funds. D. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid through any subsequent term by providing at least 45 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will pay Landlord for each late payment: (1) an initial late charge on the 5th day of the month equal to $10.00 and (2) additional late charges of $5.00 per day beginning on the 6th day of the month until rent and late charges are paid in full. Total late charges (initial and additional) may not exceed $50.00 in any one month. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise remedies under Paragraph 19. 7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. Tenant must make any returned check good by paying such amount(s) plus any associated charges in certified funds. 8. SECURITY DEPOSIT: A. Security Deposit: Tenant has previously paid Landlord a security deposit in the amount of 54 Page 3 of 11 LAC LEASE $360.00. “Security deposit” has the meaning assigned to that term in Section 92.102 of the Texas Property Code. B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest-bearing or income-producing account and any interest or income earned will be paid to Landlord or Landlord’s representative. C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender before Landlord is obligated to refund or account for the security deposit. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear; (b) costs for which Tenant is responsible to clean, deodorize, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) replacing unreturned keys, garage door openers, security devices, or other components; (f) the removal of unauthorized locks or fixtures installed by Tenant; (g) Landlord’s cost to access the Property if made inaccessible by Tenant; (h) packing, removing, and storing abandoned property; (i) removing abandoned or illegally parked vehicles; (j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default; (k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (l) mailing or delivery costs associated with sending notices to Tenant for any violations of this lease; and (m) any other unpaid charges or fees or other items Tenant is responsible to pay under this lease. 55 Page 4 of 11 LAC LEASE (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. 9. ACCESS BY LANDLORD: Landlord shall have access to the building at all times in order to facilitate routine and emergency maintenance, and necessary storage of any city property associated with the use of the building. 10. MOVE-OUT: A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same or similar condition as when received, normal wear and tear expected. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) “Normal wear and tear” means deterioration that occurs without negligence, carelessness, accident, or abuse outside of normal expectations associated with the normal use of the facility. (2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move-out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided under this lease. (3) “Abandonment” occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord’s reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move-Out: 56 Page 5 of 11 LAC LEASE (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in Section 54.045(b)-(e) of the Texas Property Code (2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10 C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. 11. PROPERTY MAINTENANCE: A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and other devices (of the same type and quality that are in the property on the Commencement Date); (4) take action to promptly eliminate any dangerous condition on the Property; (5) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (6) remove any standing water; (7) know the location and operation of the main water cut-off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; and (8) promptly notify Landlord, in writing, of all needed repairs. B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: 57 Page 6 of 11 LAC LEASE (1) remove any part of the property or any of Landlord’s personal property from the Property; (2) remove, change, add, or rekey any lock; (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (5) keep or permit any material which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (6) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (7) cause or allow any lien to be filed against any portion of the Property. C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in addition to exercising Landlord’s remedies under Paragraph 19, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. 12. REPAIRS: A. Repair Requests: All requests for repairs must be in writing and delivered to Designated Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. B. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition listed in Paragraph 12(C)(1), regardless of the cause, without Landlord’s permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, will be at Landlord’s sole discretion. (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. C. Payment of Repair Costs: Repair costs will be paid as follows: (1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair: (a) a condition caused by the Landlord or the negligence of the Landlord; 58 Page 7 of 11 LAC LEASE (b) wastewater stoppages or backups caused by deterioration, breakage, roots, ground condition, faulty construction, or malfunctioning equipment. (c) a condition that adversely affects the health or safety of an ordinary tenant which is not caused by Tenant, an occupant, a member of Tenant’s family, or a guest or invitee of Tenant; and (d) a condition in the following items which is not caused by Tenant or Tenant’s negligence: (1) heating and air conditioning systems; (2) electrical repairs; (3) damage to doors, windows, or screens (4) water heaters; or (5) water penetration from structural defects. (2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair: (a) a condition caused by Tenant, an occupant, a member of Tenant’s organization, or a guest or invitee of Tenant (a failure to timely report an item in need of repair or the failure to properly maintain an item may cause damage for which Tenant may be responsible); (b) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively service the Property; and (c) damage from windows or doors left open. 13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in writing. Installation of additional security devices or additional rekeying or replacement of security devices desired by Tenant will be paid by Tenant in advance and may be installed only by contractors authorized by Landlord. 14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke detectors in certain locations. Requests for additional installation, inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally damaging a smoke detector or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under Section 92.2611 of the Texas Property Code. 15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s guests, members, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus, 59 Page 8 of 11 LAC LEASE etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s guests, or any occupants. 16. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 17. SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting the Property. 18. CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation of all or a part of the property is a casualty loss. 19. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant with at least ten (10) days written notice to vacate; (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; and (3) Tenant will be liable for: (a) any lost rent; (b) Landlord’s cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; 60 Page 9 of 11 LAC LEASE (d) all Landlord’s costs associated with eviction of Tenant, including but not limited to attorney’s fees, court costs, costs of service, and prejudgment interest; (e) all Landlord’s costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section 24.005 of the Texas Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by attempting to relet the Property to acceptable tenants and reducing Tenant’s liability accordingly. 20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law, or this Paragraph. A. Early Termination Option: Tenant(s) in good standing (those who are in compliance with the lease) have the option to terminate this lease prior to the normal end of term or during any future renewal by providing the Landlord all of the following a) a minimum 45 day written notice, b) providing the last date of occupancy and c) submitting certified funds (Cashier’s Check, money orders or wire transfer) as an “Early Termination Fee” in the amount of 150% of one month’s rent at the time notice is provided. Rent will be prorated on a daily basis through the revised end of term. Tenant is required to conform to all other terms of the lease or the Early Termination Option will be forfeit and the tenant will be responsible for the full amount of rent as allowed by the lease. B. Assignment and Subletting: (1) Tenant may not assign this lease or sublet the Property without Landlord’s written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 20A, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. (3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a 61 Page 10 of 11 LAC LEASE sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant’s obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord’s written consent is voidable by Landlord. 21. ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing party. 22. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severability Clause: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. Venue for any action arising under this lease shall lie in the state district and county courts of Denton County, Texas. G. Signage. Tenant shall have the right to erect signs on any portion of the Property only in accordance with applicable laws, ordinances, and regulations. H. Taxes. Landlord shall be liable for any taxes levied or accessed against the Property, excluding any taxes levied or assessed for any personal property, furniture, or fixtures 62 Page 11 of 11 LAC LEASE placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed against any personal property, furniture or fixtures placed by Tenant on the Property. Executed and agreed to this ___ day of ________, 2024. _______________________________ ____________________________________ Troy Powell Mary Garcia City Manager, City of the Colony Commander, American Legion Holley- Riddle Post 21 Approved as to form: _______________________________ Jeff Moore, City Attorney 63 :i i Y M B □I f EG f H P VO I C E : CN L ' I ' VO I C E : t. DA T A DA T A ON L Y FU J O R MOU N T E D BO Z , 1 1 AC C C S S PO I N T :C A T A O. . . . Y . CC E L I N C i MC U N T C D PA G ING SY S T E M SP C A l ( C ' -! PA G I N G SYSTEM EQU I P M E NT PC W E A TEC H N O L O G Y PL A N 01 1 2 3 1 0 2 ' 02 1 ' 1 3 / 0 3 J. M P . 08 1 2 4 07 . , H/ 2 0 . r 0 7 D£. C. (;+,%,7$ 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 EXECUTE A GOVERNMENT CENTER LEASE AGREEMENT WITH AMERICAN LEGION HOLLEY-RIDDLE POST 21 FOR THE FISCAL YEAR 2024-2025 FOR A PORTION OF PROPERTY LOCATED AT 6301 MAIN STREET, THE COLONY, TEXAS; PROVIDING AN EFFECTIVE DATE WHEREAS,That the City Council of the City of The Colony, Texas, approved a building use policy establishing guidelines for the use and rental of City facilities; and WHEREAS, The Colony City Council has determined it to be in the best interest of its citizens to enter into a Government Center Lease Agreement from October 1, 2024 through September 30, 2025 with American Legion Holley-Riddle Post 21 to lease a portion of the property located at 6301 Main Street, The Colony, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the city manager to execute an Agreement with American Legion Holley- Riddle Post 21 for the use of a portion of the property located at 6301 Main Street, The Colony, Texas. Section 2.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 20TH DAY OF AUGUST 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:4.5 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 2024 Submitted by: Tina Stewart Submitting Department: Finance Item Type: Ordinance Agenda Section: Subject: Consider approving an ordinance authorizing the Mayor to execute a Negotiated Settlement Agreement between Atmos Cities Steering Committee and Atmos Energy Corporation, MID-TEX Division regarding the company's 2024 Rate Review Mechanism Filing. (Miller) Suggested Action: Attachments: Atmos Mid-Tex 2024 RRM Model Staff Report.pdf Attachment 1_ CY23 MTX RRM - Tariffs.pdf Attachment 2_ CY23 MTX RRM - Pension Benchmark.pdf CY23 MTX RRM - Average Bill.pdf Ord. 2024-xxxx Atmos Mid-Tex 2024 RRM.docx 66 August 6, 2024 MODEL STAFF REPORT FOR RESOLUTION OR ORDINANCE BACKGROUND AND SUMMARY The City, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about April 1, 2024, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31, 2023, entitled it to additional system-wide revenues of $196.8 million. Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to $182.5 million, $132.6 million of which would be applicable to ACSC members. After reviewing the filing and conducting discovery, ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $149.6 million instead of the claimed $182.5 million. After several settlement meetings, the parties have agreed to settle the case for $164.7 million. This is a reduction of $32.1 million to the Company’s initial request. This includes payment of ACSC’s expenses. The Effective Date for new rates is October 1, 2024. ACSC members should take action approving the Resolution/Ordinance before September 30, 2024. RATE TARIFFS Atmos generated rate tariffs attached to the Resolution/Ordinance that will generate $164.7 million in additional revenues. Atmos also prepared a Proof of Revenues supporting the settlement figures. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate. BILL IMPACT The impact of the settlement on average residential rates is an increase of $5.52 on a monthly basis, or 6.84%. The increase for average commercial usage will be $13.39 or 3.44%. Atmo s provided bill impact comparisons containing these figures. SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without 67 any material adjustments. In ACSC’s view, the GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. RRM SAVINGS OVER GRIP While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on October 1, 2024, ACSC residents will maintain an economic monthly advantage over GRIP and DARR rates. Comparison to Other Mid-Tex Rates (Residential) Average Bill Compared to RRM Cities RRM Cities: $48.19 - DARR: $54.30 $6.11 ATM Cities: $49.59 $1.40 Environs: $49.53 $1.34 Note: ATM Cities and Environs rates are as-filed. Also note that DARR uses a test year ending in September rather than December. EXPLANATION OF “BE IT RESOLVED” PARAGRAPHS: 1. This section approves all findings in the Resolution/Ordinance. 2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just, reasonable, and in the public interest. 3. This section makes it clear that Cities may challenge future costs associated with gas leaks. 4. This section finds that existing rates are unreasonable. Such finding is a necessary predicate to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an additional $164.7 million on a system-wide basis. 5. This section approves an exhibit that establishes a benchmark for pensions and retiree medical benefits to be used in future rate cases or RRM filings. 6. This section requires the Company to reimburse the City for expenses associated with review of the RRM filing, settlement discussions, and adoption of the Resolution/Ordinance approving new rate tariffs. 68 7. This section repeals any resolution or ordinance that is inconsistent with the Resolution/Ordinance. 8. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 9. This section is a savings clause, which provides that if any section is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Resolution/Ordinance. This section further directs that the remaining provisions of the Resolution/Ordinance are to be interpreted as if the offending section or clause never existed. 10. This section provides for an effective date upon passage. 11. This section directs that a copy of the signed Resolution/Ordinance be sent to a representative of the Company and legal counsel for ACSC. CONCLUSION The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to recover $196.8 million in additional system-wide revenues, the RRM settlement at $164.7 million for ACSC members reflects substantial savings to ACSC cities. Settlement at $164.7 million is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Resolution/Ordinance before September 30, 2024. New rates become effective October 1, 2024. 69 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R – RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 22.95 per month Rider CEE Surcharge $ 0.05 per month 1 Total Customer Charge $ 23.00 per month Commodity Charge – All Ccf $0.58974 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2024. Attachment 1 70 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C – COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 81.75 per month Rider CEE Surcharge $ 0.00 per month 1 Total Customer Charge $ 81.75 per month Commodity Charge – All Ccf $ 0.19033 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-plantprotection@atmosenergy.com. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2024. . Attachment 1 71 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,587.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.6553 per MMBtu Next 3,500 MMBtu $ 0.4799 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1029 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Attachment 1 72 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at mdtx-div-plantprotection@atmosenergy.com. Attachment 1 73 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,587.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.6553 per MMBtu Next 3,500 MMBtu $ 0.4799 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1029 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer’s receipt quantities for the month. Attachment 1 74 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment 1 75 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi +(HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA i = WNAF i x q ij Where q ij is the relevant sales quantity for the jth customer in ith rate schedule. Attachment 1 76 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10/01/2024 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.52 0.1526 88.98 0.7485 Austin 8.87 0.1343 213.30 0.9142 Dallas 12.38 0.2024 185.59 1.0974 Waco 8.71 0.1219 130.62 0.7190 Wichita Falls 10.20 0.1394 117.78 0.6435 Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Attachment 1 77 78 79 80 81 82 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2024 - ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2024 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES;DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the City of The Colony, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the 83 2 Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about April 1, 2024 Atmos Mid-Tex filed its 2024 RRM rate request with ACSC Cities based on a test year ending December 31, 2023; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2024 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $164.7 million on a system-wide basis with an Effective Date of October 1, 2024; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; and 84 3 WHEREAS, the RRM Tariff includes Securitization Interest Regulatory Asset amount of $19.5 million; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $164.7 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2024 RRM filing, is in the public interest, and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $164.7 million on a system-wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. 85 4 Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of ACSC in processing the Company’s 2024 RRM filing. Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2024. Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. 86 5 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE 20 TH DAY OF AUGUST 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 87 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 2024 Submitted by: Calvin Lehmann Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement Contract with Huitt-Zollars for programming and schematic design services for the New Recreation Center Building Project (Phase 4) in an amount not to exceed $415,800.00 with funding from the Community Development Corporation. (Lehmann) Suggested Action: Attachments: HZ Contract.pdf Res. 2024-xxx Huitt- Zollars Professional Services Agreement.docx 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 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 PROFESSIONAL SERVICES CONTRACT WITH HUITT- ZOLLARS, FOR PROGRAMMING AND SCHEMATIC DESIGN SERVICES FOR THE NEW RECREATION CENTER BUILDING PROJECT (PHASE 4); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of Huitt-Zollars, Inc., for the programming and schematic design services for the New Recreation Center Building Project (Phase 4); and WHEREAS, with said Professional Services Contract, the City is agreeing to pay the sum not to exceed $415,800.00 with funding from the Community Development Corporation for such work. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1.The Professional Services Contract, is 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 said Professional Services 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 THE 20TH DAY OF AUGUST 2024. __________________________________ ATTEST:Richard Boyer, Mayor City of The Colony, Texas ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ___________________________________ Jeffrey L. Moore, City Attorney 107 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 2024 Submitted by: Tim Miller Submitting Department: Finance Item Type: Presentation Agenda Section: Subject: Discuss and consider the City of The Colony Proposed Municipal Budget 2024-2025. (Miller/L. Williams) Suggested Action: Receive presentation on the proposed Municipal Budget for Fiscal Year 2024/2025 Attachments: FY24-25 Proposed Budget_08.14.24A.pdf 108 Proposed Budget 2024-2025 July 31, 2024 109 TABLE OF CONTENTS City Manager’s Memo .......................................................................................... 1 General Fund ....................................................................................................... 5 Parks Fund .......................................................................................................... 8 Utility Fund ........................................................................................................... 9 General Debt Service ........................................................................................ 10 Utility Tax Supported Debt ................................................................................. 11 Economic Development Corporation ................................................................. 12 Community Development Corporation ............................................................... 13 TIRZ ONE PID ................................................................................................... 14 Court Security Fund ............................................................................................ 15 Court Technology Fund ...................................................................................... 16 Juvenile Case Manager Fund ............................................................................. 17 Commercial Vehicle Fund .................................................................................. 18 Court Time Payment Fund ................................................................................. 19 Storm Water Utility Fund ..................................................................................... 20 Water/Sewer Impact Fees Fund ........................................................................ 21 Hotel/Motel Tax Fund .......................................................................................... 22 Lake Parks Fund ................................................................................................. 23 Special Events Fund .......................................................................................... 24 Citizen Donation Fund ........................................................................................ 25 Child Safety Fund .............................................................................................. 26 Keep the Colony Beautiful Fund ........................................................................ 27 SLFRF (State and Local Fiscal Recovery Fund)………………………………….. 28 Park Improvements Fund……………………………………………………………..29 Capital Outlay and Comprehensive Improvement Plan (CIP) Summary ............. 30 110 City of The Colony Memorandum To: Mayor and City Council Members From: Troy Powell, City Manager Tim Miller, Assistant City Manager Date: July 31, 2024 Reference: Proposed FY24-25 Budget We are proud to present to you the City of The Colony FY24-25 PROPOSED budget. Enclosed is the city’s $169 million dollar budget for FY24-25 presented for your review. The purpose of this memo is to give an overall insight into the City’s budget. The following summarizes significant items in the budget as well as identifying issues that will need to be considered. Key principles of the budget are as follows: The City of The Colony continues to experience growth resulting in strong revenues from several sources. Total property tax revenues for FY23-24 were budgeted at $44.9 million. In FY24-25, total property tax revenues are estimated to be $46.3 million. This is an increase of 3% and includes $207 million in new construction. • The primary revenue source that funds the City of The Colony General Fund is property taxes. In FY23-24, the total property tax valuation of $7.05 billion equated to $37.5 million in net revenue with a M&O rate of $0.5340 per $100 taxable value. FY24-25 estimated total property tax valuation of $7.27 billion equates to $35.2 million in net revenue projection with a M&O rate of $0.4862 per $100 taxable value. • A secondary source that funds the City of The Colony general fund is sales taxes. This year, we are changing the way sales tax dollars and the rebates associated are shown in the budget. FY23-24 and prior shows the sales taxes net of rebates. This year, and going forward, the budget will show the gross sales tax revenues and the rebates as an expense in the non-departments cost center of the budget. As a result, this year the sales tax numbers will be drastically higher but that is countered by the increase in expenses in the non-departmental budget. We feel that this better represents the cash flows of the sales taxes. FY23-24 city sales tax was budgeted for $12 million versus FY24-25 city sales tax projection of $23.5 million. The FY23-24 budget had $12 million as this was net of all rebates in which the net value translates to $22.7 million gross sales tax. The FY24-25 proposed revenue projection has $23.5 million as this is gross sales tax in which all rebates are reported within the expenditures. The sales tax projection is estimating an increase of $807,000. 1 111 •Another source that funds the City of The Colony is utility revenue. FY23-24 revenues budgeted were $25.9 million with expenditures of $27.3 million. FY24-25 proposed revenue projection is $28.9 million with expenditures of $28.5 million. Utility revenue projection estimates an increase of $3 million over FY23-24. This increase is mainly due to a $2 million increase in water and wastewater service, but also a projected increase of $900,000 in interest income. This budget includes funds for the beginning of the Waste Water Treatment Plant (WWTP) expansion and the beginning stages for a new water well #5 that services the Tribute. Also included is $16.39 million for street, alleyway and sidewalk funding. •Total operating revenues projection increased by $21.6 million primarily due to sales tax receipts and utility billing. •As part of the Council’s priority to reduce the property tax burden on homeowners in the city, the council amended the homestead exemption from 1% to 3% in July of 2024. This resulted in unrealized revenue of $880,000. •Total operating expenses projection increased overall by $25.3 million due primarily to sales tax rebates, property tax rebates, and TIRZ 1 and TIRZ 2 payments. The city has always made these payments with the exception of the TIRZ 2 reconciliation but it was not clearly identified in the budget and will now be more accurately reported. As you will see under expenditures in the General Fund, the line item Non-Departmental has gone up in order to report the following: •$15.2 million - City Sales Tax Rebates reported separately in order to provide more transparency •$9.9 million – One-year payment TIRZ 2 Reconciliation •$5.4 million – PD18 and PD23 Developer Tax Rebate •$4.5 million – Annual TIRZ 2 payment until retirement of TIRZ 2 •$2.2 million – TIRZ 1 Property Tax Rebate •Parks Fund transfer has decreased on average approximately $300,000 over the last two fiscal years due to some assistance in funding from CDC. •Transfers out from the General Fund in FY24-25 are projected to be approximately $4.58 million, a decrease of $3.87 million or 46% from FY23-24 adopted budget. The decrease is related to the nature of the City’s growth and recovery from Covid; as a result, the majority of the general fund transfers out are no longer needed. Consequently, City Management has focused on all measures that can be taken to 2 112 reduce the obligations on the general fund to pay for things. These reductions will permit the Council to maintain a property tax reduction for the City. •There is no planned utility rate increase in FY24-25 as we have completed year five of the five year plan to help pay for the upgrades at the WWTP. •The General Debt Service Fund F24-25 proposed budget for expenditures and transfers out is $7.7 million, approximately a $200,000 increase from the FY23-24 budget. FY24-25 property tax debt service revenue projection of $11.1 million is based on property tax valuation of $7.27 billion with the debt service tax rate of $0.153809 per $100 taxable value. The proposed FY24-25 budget estimates an ending fund balance of $15.9 million. •The Tax Supported Debt Service Fund FY24-25 proposed budget for expenditures is $6.6 million, a $1.5 million decrease from the FY23-24 budget. FY24-25 revenue projection of $10.6 million, a $14.7 reduction from FY23-24 which includes the remainder of the ARPA funds of $11 million that will be encumbered prior to the end of this calendar year. The proposed FY24-25 budget estimates an ending fund balance of $18.7 million. •Overall capital number for FY24-25 is $42.16 million. These projects are a combination of: •Facility Upgrades - $16 million, •Vehicles/Equipment - $5.46 million, •Streets/Stormwater - $16.39 million, •Water/Wastewater - $3.26 million, and •Parks/Lake Parks/CDC – $1.05 million FY24-25 Facility Upgrades include multiple moves throughout the City such as the remodel of the former Trinity North Medical building into the “new” City Hall. The design is complete for the remodel of the former Trinity North Medical building, construction will begin in late 2024 and is expected to be complete with the move of most City Hall services into the building. The former Stewart Creek Elementary building will encompass the Senior Center functions into the building and begin the design for the conversion of the remainder of the building into our new Recreation Center. The current Community Center building will undergo preparations to become the Public Safety Administration offices. Both Fire and Police Administrations will move into the building. During the remodeling process for the “new” City Hall, design will begin for the expansion of the Library. The Library will remain in the current City Hall building but will be expanded into the area formerly housing staff for current City Hall services. Finally, design for the expansion of the Police Department building will begin in order to provide more adequate space for the Police Department personnel. 3 113 Capital Projects will be paid for out of debt secured for this purpose. That annual payment is included in the budget and it is anticipated the issuance will need a subsidy of approximately $600k from the debt service fund balance. • Fund balances operating days will remain the same as last year’s budget: General Fund 80 days; Utility Fund 60 days; and Parks 60 days. The overall budget in the General Fund shows $11.4 million deficiency. The expectation is that this will be a one-time occurrence as we finalize the property tax reconciliation for TIRZ 2. In FY25-26 the deficit is expected to be gone and as TIRZ 2 is retired; the expectation is that the fund balance for the General Fund will be raised significantly. The proposed FY24-25 Budget is respectfully submitted for your review. ___________________________ _________________________ Troy Powell Tim Miller City Manager Assistant City Manager 4 114 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget Current Property Taxes 29,959,076 37,228,090 37,502,544 35,191,595 Rendition Penalty Revenue 9,985 28,424 5,000 16,000 Ag. Roll Back Taxes - 170431 - - Delinquent Property Tax 105,371 117,117 50,000 100,000 Penalties & Interest 81,191 126,143 50,000 100,000 Total 30,155,623 37,670,205 37,607,544 35,407,595 Sales Taxes 10,653,520 10,968,877 12,000,000 23,549,328 Mixed Beverage Tax 773,049 843,265 750,000 750,000 Total 11,426,569 11,812,142 12,750,000 24,299,328 Electric 1,727,856 1,747,182 1,600,000 1,800,000 Natural Gas 267,560 328,868 250,000 400,000 Telephone 151,257 107,321 150,000 150,000 PEG Fees 69,549 45,875 75,000 150,000 Video 167,914 149,953 250,000 250,000 Sanitation-Residential 216,671 246,458 200,000 250,000 Sanitation-Commercial 272,612 286,061 250,000 300,000 Total 2,873,417 2,911,718 2,775,000 3,300,000 TOTAL TAXES 44,455,610 52,394,065 53,132,544 63,006,923 Building Permits-New Homes 727,918 283,296 800,000 850,000 Building Permits-Other 724,085 674,555 750,000 750,000 Commercial Permits 635,639 263,159 700,000 500,000 Certificates Of Occupancy 5,450 4,425 7,500 7,500 Zoning Fees 7,715 14,918 10,000 10,000 Fire Fees 33,430 36,536 20,000 30,000 Solicitors Permits 1,354 876 2,000 2,000 Health Permits 135,920 136,722 200,000 200,000 Platting Fees 15,138 3,246 20,000 20,000 Alcohol Permits 23,095 23,900 25,000 25,000 Code Enforcement Fees 16,841 24,199 25,000 25,000 Eng Inspection Overtime Fee 7,440 10,560 2,500 8,000 Inspection Fees 429,437 476,831 500,000 500,000 Grading Permit 8,311 1,960 1,000 1,000 TOTAL LICENSES & PERMITS 2,771,773 1,955,183 3,063,000 2,928,500 Ambulance Calls 761,886 901,887 800,000 900,000 Ambulance Subscription Revenue 25,266 25,357 25,000 25,000 Service Liens 16,612 18,113 25,000 25,000 Denton County Engine Response - - 1,500 1,500 County Ambulance Funds - 21,344 22,000 22,000 County Fire Funds - 10,000 10,000 10,000 Total 803,764 976,702 883,500 983,500 County Library Funds 46,402 36,670 39,000 55,000 Total 46,402 36,670 39,000 55,000 TOTAL CHARGES FOR SERVICES 850,166 1,023,104 922,500 1,038,500 Revenue & Expenditure Projections Fiscal Year 2024-2025 Franchise Taxes LICENSES & PERMITS GENERAL FUND CHARGES FOR SERVICES TAXES Ad Valorem Taxes City Sales Taxes Fire & Ambulance Library 5 115 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget Revenue & Expenditure Projections Fiscal Year 2024-2025 GENERAL FUND Municipal Court Fines 1,081,908 835,929 1,100,000 1,100,000 Library Fees 5,947 6,790 10,000 10,000 Animal Control Fees 23,851 19,970 30,000 30,000 TOTAL FINES AND FORFEITURES 1,111,706 862,689 1,140,000 1,140,000 Interest Income 348,704 3,339,920 25,000 2,200,000 TOTAL INVESTMENT INCOME 348,704 3,339,920 25,000 2,200,000 Auction Proceeds 23,610 5,650 10,000 10,000 Tower Rental Fees 53,218 3,714 350,000 350,000 Insurance Reimbursement - - 1,000 1,000 LEISD SRO Reimbursement 142,496 275,586 95,000 160,000 LISD SRO Reimbursement 263,769 443,784 256,000 430,000 Miscellaneous 94,374 94,882 65,000 75,000 Misc Revenue - Grants 5,105 120,949 - - Police Reports 5,602 4,671 4,000 5,000 Alarm Fees 30,941 32,133 30,000 30,000 Lease Interest Revenue 37,469 44,268 - - Rent Income 56,530 - - - Other Financing Sources - Lease 97,920 - - - Lease Income 263,982 263,982 - - TOTAL OTHER REVENUES 1,075,016 1,289,619 811,000 1,061,000 TOTAL REVENUES 50,612,974 60,864,580 59,094,044 71,374,923 Transfer - Storm Water Utility 50,000 50,000 50,000 50,000 Transfer In-GDSF - - - 1,000,000 Transfer - Child Safety Fund 10,000 10,000 10,000 10,000 153,356 155,031 151,031 152,531 244,432 244,718 244,503 244,682 49,671 50,233 49,985 - 131,288 881,000 - - Transfers In - Parking Lot (CDC)65,265 123,000 - - Transfers In - CARES Fund (2,440,350) - - - Transfer In - CDC - - - - Transfers in - KTKB - - - - TOTAL TRANSFERS (1,736,338) 1,513,982 505,519 1,457,213 48,876,636 62,378,562 59,599,563 72,832,136 OTHER REVENUES TRANSFER IN TOTAL REVENUES & TRANSFERS INVESTMENT INCOME Transfers In - EDC S. Colony Conn-Ph2 Transfers In - EDC - Cascades Transfers In - EDC - Memorial Drive Transfers In - Hike & Bike Trail (CDC) FINES AND FORFEITURES 6 116 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget Revenue & Expenditure Projections Fiscal Year 2024-2025 GENERAL FUND Non-Departmental 8,599,777 9,574,724 11,694,579 35,431,401 General Administration 1,362,011 1,791,881 2,490,832 2,728,000 City Council 43,253 73,708 147,420 154,900 Community Image 639,704 599,156 621,940 748,037 City Secretary 386,859 516,141 511,352 586,996 Human Resources 848,729 768,140 1,013,392 1,015,349 Finance 1,369,485 1,308,477 1,393,716 1,676,638 Information Technology 1,044,043 1,048,094 1,185,886 1,469,277 Planning & Development 3,886 300,751 316,875 426,675 Municipal Court 475,779 521,073 522,040 573,695 Public Safety Dispatch 1,595,965 1,614,765 1,976,081 2,180,381 Fire 12,161,032 13,715,451 13,959,064 15,305,089 Police 12,379,860 14,084,554 14,673,747 15,961,511 Animal Control 627,041 698,224 660,483 771,890 Library 1,222,303 1,312,510 1,334,172 1,570,158 Engineering 2,245,272 2,080,129 2,235,870 2,438,831 Facilities Maintenance 1,282,198 1,398,871 1,360,008 1,347,276 Fleet Services 1,371,088 1,436,993 1,348,113 1,635,889 Personnel Additions/Benefits/Equipment - - 600,000 928,387 Salary Increases/Cert - - 2,600,000 59,603 Tax Rate Reduction - - - 375,000 Non-Capital items - - 2,500,000 - TOTAL EXPENDITURES 47,658,286 52,843,641 63,145,570 87,384,983 Transfer - CVB 115,000 400,000 800,000 0 Transfer - Special Events 345,000 400,000 444,000 0 Transfer - KTB 10,000 10,000 10,000 10,000 Transfer - EDC - 17,605 100,000 - Transfer - Storm Water - 1,102,000 - - Transfer - Utility - -- - Transfer - Parks Fund 2,946,823 3,201,823 2,810,000 2,510,000 Transfer - Tax Supported Debt Service - - 4,300,000 Transfer - GDS - - - Transfer - Trinity North - - - - Transfer - G.F. Special Cap - - - - TOTAL TRANSFER OUT 3,416,823 5,131,428 8,464,000 2,520,000 51,075,109 57,975,069 71,609,570 89,904,983 OH COST ALLOCATION (6,691,461) (5,661,461) (5,661,461) (5,711,461) 21,507,222 26,000,210 36,065,164 29,716,619 4,492,988 10,064,955 (6,348,546) (11,361,386) 26,000,210 36,065,164 29,716,619 18,355,232 26,000,210 36,065,164 29,716,619 18,355,232 214 252 164 80 BEGINNING FUND BALANCE EXPENDITURES TRANSFER OUT TOTAL EXPENDITURES & TRANSFERS EXCESS/(DEFICIENCY) ENDING FUND BALANCE UNRESERVED FUND BALANCE Working Days in Fund Balance 7 117 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget Recreation Program Revenue 246,142 299,242 225,000 275,000 Athletic Program Revenue 102,469 87,645 65,000 85,000 Athletic & Recreation Facility Revenue 308,547 274,748 200,000 175,400 Pass Revenue 26,346 26,038 20,000 20,000 Total 683,505 687,674 510,000 555,400 Swimming Lessons 206,994 224,763 180,000 190,000 Entrance Fees 28,458 40,383 27,000 30,000 Concession Sales 1,829 1,318 1,000 1,100 Private Party Fees 88,407 84,728 90,000 85,000 Total 325,688 351,192 298,000 306,100 Rental Revenue 18,970 20,389 10,000 15,000 Program Revenue 1,719 1,571 2,000 2,000 Travel Commissions 12,867 - - Trip Revenue - 8,236 8,000 10,000 Membership Fees 8,392 14,027 7,500 10,000 Total 41,948 44,223 27,500 37,000 TOTAL CHARGES FOR SERVICES 1,051,141 1,083,088 835,500 898,500 Horizon Lease Payment 217,723 534,706 150,000 150,000 Lease Revenue - 34,815 - 75,000 Miscellaneous 7,064 5,622 6,500 Interest Income 25,628 202,036 1,000 1,000 TOTAL OTHER INCOME 250,415 777,179 157,500 226,000 TOTAL REVENUES 1,301,556 1,860,267 993,000 1,124,500 Transfer - General Fund 2,946,823 3,201,823 2,810,000 2,510,000 Transfer - CDC - 0 - 850,000 Transfer - CDC Five Star Maintenance 165,000 165,000 - 0 Transfer - CDC Fund Personnel 134,845 134,845 134,845 0 Transfer - Lake Parks Fund 35,000 35,000 50,000 50,000 TOTAL TRANSFERS 3,281,668 3,536,668 2,994,845 3,410,000 4,583,224 5,396,935 3,987,845 4,534,500 Non-Departmental 48,564 - Parks & Recreation 2,558,287 2,560,237 2,909,278 3,451,124 Aquatic Park 548,616 480,189 499,840 561,687 Community Center 294,733 272,451 271,919 303,017 Capital - - - - TOTAL EXPENDITURES 3,450,200 3,312,878 3,681,037 4,315,828 OH COST 1,014,398 1,014,398 1,014,398 1,014,398 1,184,563 1,303,189 2,372,848 1,665,258 118,626 1,069,659 (707,590) (795,726) 1,303,189 2,372,848 1,665,258 869,532 107 200 129 60 PARKS FUND Revenue & Expenditure Projections Fiscal Year 2024-2025 TOTAL REVENUES & TRANSFERS EXPENDITURES CHARGES FOR SERVICES Parks & Recreation Aquatic Park Community Center EXCESS (DEFICIENCY) OTHER INCOME Working Days in Fund Balance ENDING FUND BALANCE BEGINNING FUND BALANCE TRANSFER IN 8 118 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget CHARGES FOR SERVICES 15,875,716 17,176,512 16,000,000 17,500,000 8,289,562 8,816,615 9,000,441 9,500,000 5,940 4,880 8,000 8,000 486,114 598,743 425,000 475,000 267,425 125,500 180,000 250,000 128,754 910,400 18,000 900,000 85,425 81,699 125,000 125,000 Solid Waste / Recycling 80,690 91,547 - - Recycling Education Contribution 36,000 36,000 36,000 36,000 25,255,627 27,841,897 25,792,441 28,794,000 TRANSFERS IN 100,000 100,000 100,000 100,000 - - - - - - - Transfer - Capital Projects - Water meters - - - - - - - - 100,000 100,000 100,000 100,000 TOTAL REVENUES & TRANSFERS 25,355,627 27,941,897 25,892,441 28,894,000 EXPENDITURES 1,508,530 1,586,185 1,716,329 2,060,038 Environmental 112,260 110,890 138,500 146,500 Storm Water - Engineering 21,764 9,050 63,503 63,500 Storm Water - Streets & Drainage 149,381 115,229 193,377 219,854 2,723,809 2,742,457 4,043,283 3,910,602 1,064,141 1,036,801 1,342,594 1,612,099 4,789,875 5,409,155 4,698,074 4,732,526 2,125,639 2,255,176 1,773,376 2,391,752 85,693 108,223 327,000 275,500 Capital - - - - 12,581,092 13,373,167 14,296,036 15,412,371 TRANSFERS OUT - - - - 6,000,000 6,000,000 8,550,000 8,550,000 - - - - - - - TOTAL TRANSFERS OUT 6,000,000 6,000,000 8,550,000 8,550,000 18,581,092 19,373,167 22,846,036 23,962,371 OH COST 5,498,630 4,448,630 4,448,630 4,498,630 4,527,733 5,803,638 9,923,738 8,521,513 1,275,905 4,120,099 (1,402,225) 432,999 5,803,638 - 9,923,738 8,521,513 8,954,512 88 152 114 115 Transfer - General Fund Transfer - Utility Debt Service Transfer - D. S. Revenue bonds Transfer - Special Projects Transfer - Capital Projects Admin TOTAL EXPENDITURES & TRANSFERS BEGINNING FUND BALANCE EXCESS (DEFICIENCY) ENDING FUND BALANCE Working Days in Fund Balance Waste Water Customer Service - Administration Streets & Drainage TOTAL EXPENDITURES Transfer - Storm Water Utility Fund TOTAL TRANSFERS IN Non-Departmental Water Production Water Distribution Transfer - CIP Transfer - Capital Projects - Streets Transfer - General Fund TOTAL REVENUES Water Service Wastewater Service UTILITY FUND Revenue & Expenditure Projections Fiscal Year 2024-2025 Reconnect Fees Penalties Tap Connection Fees Interest Income Miscellaneous 9 119 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget Revenues 9,485,693 7,073,578 7,444,325 11,133,040 34,719 28,384 25,000 25,000 - 55,216 - 25,735 26,388 25,000 25,000 65,249 557,392 40,000 500,000 Bond Proceeds 12,225,000 - -- Bond Premiums 817,990 - - - - - -- 22,654,385 7,740,958 7,534,325 11,683,040 TRANSFERS IN - - - - - - - TOTAL REVENUES & TRANSFERS 22,654,385 7,740,958 7,534,325 11,683,040 EXPENDITURES Refunding Bonds - 2011/2002 703,456 - - - Refunding Bonds - 2012/2003 &2007 222,825 224,025 - - 153,356 155,031 151,531 152,531 Refunding Bonds - 2013/2004 GF/Utility 371,750 373,700 372,750 - Refunding Bonds - 2014/2006 GF/Utility 268,893 269,361 268,447 268,728 Refunding Bonds - 2015/2005 &2007 GF/Utility 688,398 685,950 688,602 687,242 Refunding Bonds - 2020/2010 &2010A 815,681 811,912 807,012 808,519 Certificates of Obligation - 2014 221,476 221,467 221,502 221,869 Certificates of Obligation - 2016 1,131,913 947,726 948,513 947,726 Certificates of Obligation - 2018 1,085,085 1,085,310 913,860 913,365 Certificates of Obligation - 2019 992,717 991,709 992,329 864,454 Certificates of Obligation - 2020 253,938 253,500 252,813 253,125 Certificates of Obligation - 2021 492,860 491,625 491,738 491,175 Certificates of Obligation - 2022 - 935,530 933,975 934,800 Governmental Capital 10 year note (2)112,165 112,165 112,165 - Equipment Capital Lease 10 year Oshkosh 135,693 135,693 135,693 135,693 Governmental Capital 3 year note (1) 220,279 - - - 250,245 4,157 200,000 4,000TOTAL EXPENDITURES 8,120,729 7,698,861 7,490,930 6,683,227 Transfer - General Fund - - - 1,000,000 Transfer - CIP 12,780,000 - - - TOTAL EXPENDITURES & TRANSFERS 20,900,729 7,698,861 7,490,930 7,683,227 1,753,656 42,098 43,395 3,999,813 10,070,241 11,823,897 11,865,995 11,909,390 11,823,897 11,865,995 11,909,390 15,909,203 GENERAL DEBT SERVICE Revenue & Expenditure Projections Fiscal Year 2024-2025 Ag. Roll Back Taxes TOTAL REVENUES Current Property Taxes Delinquent Property Taxes Penalty & Interest Investment Income Misc Income TOTAL TRANSFERS IN TRANSFER OUT EXCESS (DEFICIENCY) Transfers In - General Fund BEGINNING FUND BALANCE ENDING FUND BALANCE Certificates of Obligation - 2013 Fiscal Agent Fees & Other 10 120 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget CHARGES FOR SERVICES 1,084 6,346 - - -- 1,040,825 535,986 -400,000 --- Fees- SRF Revenue 482,372 488,591 450,000 450,000 Gain on Refunding - - - - 133,296 272,803 - 200,000 1,657,577 1,303,725 450,000 1,050,000 TRANSFERS IN Transfers In - EDC 4A 305,759 306,118 305,849 306,073 Water/Sewer Impact Fees 750,000 750,000 750,000 750,000 SLFRF Fund Transfer - - 11,032,945 Revenue Supported Debt Balance Transfer - - - - Transfers In - Utility Fund 6,000,000 6,000,000 8,550,000 8,550,000 Transfer In - General Fund 4,300,000 Premium - - - 7,055,759 7,056,118 24,938,794 9,606,073 TOTAL REVENUES & TRANSFERS 8,713,336 8,359,843 25,388,794 10,656,073 EXPENDITURES General Obligation Refunding Bonds - 2011 222,144 - - - Revenue Refunding Bonds 2012 (03,07,08)74,275 74,675 - - General Obligation Refunding Bonds - 2013 1,487,000 1,494,800 1,491,000 - General Obligation Refunding Bonds - 2014 1,312,832 1,315,144 1,310,653 1,312,023 General Obligation Refunding Bonds - 2020 266,319 265,088 263,488 263,981 Cetificate of Obligation - 2014 1,360,493 1,360,439 1,360,654 1,362,912 Cetificate of Obligation - 2015 820,450 817,850 817,425 829,125 Cetificate of Obligation - 2015 Refunding 323,952 322,800 324,048 323,408 Cetificate of Obligation - 2016 485,106 406,168 406,506 406,168 Cetificate of Obligation - 2018 120,565 120,590 101,540 101,485 Cetificate of Obligation - 2019 608,439 607,822 608,202 529,827 Cetificate of Obligation - 2020 761,813 760,500 758,438 759,375 Cetificate of Obligation - 2021 54,762 54,625 54,638 54,575 Cetificate of Obligation - 2022 - 623,687 622,650 623,200 Fees/Cost of Issuance 178,392 3,456 20,000 21,500 Transfer - CIP 8,520,000 - TOTAL EXPENDITURES 16,596,542 8,227,644 8,139,242 6,587,579 (7,883,206) 132,199 17,249,552 4,068,494 5,163,648 (2,719,558) (2,587,359) 14,662,193 (2,719,558) (2,587,359) 14,662,193 18,730,687 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE Amortization of Premium Penalty & Interest Investment Income TOTAL REVENUES TOTAL TRANSFERS IN TRANSFER OUT Current Property Taxes Delinquent Property Taxes UTILITY TAX SUPPORTED DEBT Revenue & Expenditure Projections Fiscal Year 2024-2025 11 121 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget CITY SALES TAXES Gross Sales Tax Revenues 5,326,704 5,483,439 6,000,000 11,774,664 Investment Income 92,091 724,017 50,000 1,012,356 Bond Proceeds - - - - Miscellaneous Revenue 2,163 2,145 - - TOTAL REVENUES 5,420,958 6,209,600 6,050,000 12,787,020 EXPENDITURES Personnel Services 456,714 531,709 540,322 587,001 Contractual Services 34,171 50,676 261,500 297,000 Marketing 270,982 301,681 425,000 425,000 Supplies 14,617 18,328 20,000 24,000 Maintenance 368 1,579 1,500 1,500 Building Roof Maintenance 136,799 118,580 - - Economic Development Incentives 193,604 103,520 3,130,000 7,693,000 Grant Program 3,264 13,302 75,000 500,000 Debt Service - Land 607,968 607,920 607,344 611,152 Capital SUV - 65,000 - - Capital Outlay-Vehicles 121,414 - Captial Outlay - Parking Lot Improvements - - 1,000,000 Capital Outlay-Generator - 15,440 225,000 Capital Outlay-Fiber Loop - 276,295 623,705 - Capital Outlay - Other Equipment - - 40,000 Sales Tax Rebate 214,940 248,657 290,000 7,635,000 TOTAL EXPENDITURES 1,933,427 2,474,101 7,239,371 17,773,653 TRANSFERS OUT Transfer Out - General Fund BPP - - - - Transfer Out - GF Cap Contribution - - - - Transfer Out - GDSF 153,356 155,031 151,031 152,531 Transfer Out - GDSF 244,432 244,718 244,503 244,682 Transfer Out - GDSF 49,671 50,233 49,985 *01 0 Transfer Out - UFDS 305,759 306,118 305,849 306,073 TOTAL TRANSFERS OUT 753,218 - 756,100 751,368 703,286 TOTAL EXPENDITURES 2,686,645 3,230,201 7,990,739 18,476,939 OH COST 71,376 91,380 91,380 91,380 EXCESS (DEFICIENCY) 2,662,937 2,888,019 (2,032,119) (5,781,299) BEGINNING FUND BALANCE 12,312,252 14,975,189 17,863,208 15,831,089 ENDING FUND BALANCE 14,975,189 17,863,208 - 15,831,089 - 10,049,790 *01 ECONOMIC DEVELOPMENT - TYPE A SALES TAXES Revenue & Expenditure Projections Fiscal Year 2024-2025 This is the final payment for this debt series 12 122 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget CITY SALES TAXES 5,326,704 5,483,439 6,000,000 11,774,664 69,569 541,828 50,000 50,000 Miscellaneous 1,200 - 5,397,472 6,025,267 6,050,000 11,824,664 TRANSFERS IN Transfer from General Fund - - Transfer from Capital Projects Fund - - TOTAL TRANSFERS IN - - - - - - TOTAL REVENUES & TRANSFERS 5,397,472 6,025,267 6,050,000 11,824,664 EXPENDITURES-OPERATIONAL 156,672 150,017 185,425 2,915 54,324 51,353 90,000 4,000 2,630 8,436 8,750 5,700 49,903 49,470 57,936 53,590 Sales Tax Rebate 214,940 248,657 241,500 7,186,228 - - - - 478,468 507,932 583,611 7,252,433 TRANSFERS OUT Trnsfr Out - GDSF (Complex Debt)- - - Trnsfr Out - Parks Fd (Five Star Maint.)165,000 165,000 165,000 Trnsfr Out - Parks Fd - 0 0 850,000 Trnsfr Out - GDSF (Hike & Bike Trail)131,288 881,000 *01 - - Trnsfr Out GDSF (Parking Lot)65,265 123,000 *01 Trnsfr Out - Parks Fund (Personnel)134,845 134,845 134,845 Trnsfr Out - Park Improvement - 7,083,340 4,000,000 - 3,500,000 TOTAL TRANSFERS OUT 496,398 - 8,387,185 4,299,845 4,350,000 TOTAL EXPENDITURES & TRANSFERS 974,866 - 8,895,117 4,883,456 11,602,433 OH COST 35,688 35,692 35,692 35,692 4,386,918 (2,905,542) 1,130,852 186,539 6,281,803 10,668,721 7,763,179 8,894,031 10,668,721 7,763,179 8,894,031 9,080,570 *01 This debt was paid off in FY 22/23 TOTAL EXPENDITURES EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE TOTAL REVENUES Personnel Services Capital Outlay Contractual Services Supplies Maintenance Sales Tax Revenues Investment Income COMMUNITY DEVELOPMENT - TYPE B SALES TAXES Revenue & Expenditure Projections Fiscal Year 2024-2025 13 123 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES Assessment 902,327 1,304,422 1,335,447 1,335,447 Interest Income 16,553 103,011 - - Misc - - - - TOTAL REVENUES 918,880 1,407,433 1,335,447 1,335,447 EXPENDITURES Personnel Services 703,813 285,166 288,533 755,894 Contractual Services 693,080 750,823 701,000 701,000 Supplies 974 1,147 1,000 1,000 Maintenance & Utility 163,600 76,171 197,000 197,000 Inspections - - - - Capital Outlay - - - - TOTAL EXPENDITURES 1,561,467 1,113,307 1,187,533 1,654,894 ADDED SUPPLEMENTAL SERVICES - - 78,903 (642,586) 294,125 69,011 (319,447) 1,371,329 728,743 286,290 *01 355,301 728,743 1,022,868 355,301 35,854 *01 Starting with 2023-2024 version of this document, the method in which the ending fund balance is derived for this item is changing to a more dynamic calculation to bring that number in line with the amount detailed in the City of The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update. Prior to FY 23 this calculation was originally calculated as 90/365 day operating balance. Starting in FY 24, the calculation will be based off of a dynamic snapshot of current expenditures at the start of the budget process and real-time forecasting of expenses that will occur between the snapshot and the end of the fiscal year. These Changes are reflected in both the 22/23 and the 23/24 budget columns BEGINNING FUND BALANCE ENDING FUND BALANCE TIRZ ONE PIDRevenue & Expenditure ProjectionsFiscal Year 2024-2025 EXCESS (DEFICIENCY) 14 124 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES Court Security Revenue 28,970 22,090 20,000 20,000 Investment Income TOTAL REVENUES 28,970 22,090 20,000 20,000 EXPENDITURES Personnel Services - - - - Contractual Services 600 2,000 - - Supplies - 2,921 4,000 5,000 Maintenance - - - 1,000 Capital Outlay 10,761 - - - TOTAL EXPENDITURES 11,361 4,921 4,000 6,000 17,608 17,169 16,000 14,000 284,408 302,016 319,185 335,185 302,016 319,185 335,185 349,185 BEGINNING FUND BALANCE ENDING FUND BALANCE EXCESS (DEFICIENCY) COURT SECURITYRevenue & Expenditure ProjectionsFiscal Year 2024-2025 15 125 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES Court Technology Revenue 23,910 18,124 16,000 16,000 Investment Income - - - - TOTAL REVENUES 23,910 18,124 16,000 16,000 EXPENDITURES Contractual Services - - - - Supplies/ copiers/Telephone - 516 1,000 300 Maintenance - Tyler/Duncan Parking Tech 13,497 - 20,000 15,000 Non-Capital Capital Outlay - - - - Overhead Costs TOTAL EXPENDITURES 13,497 516 21,000 15,300 10,413 17,609 (5,000) 700 35,406 45,819 63,428 58,428 45,819 63,428 58,428 59,128 ENDING FUND BALANCE EXCESS (DEFICIENCY) BEGINNING FUND BALANCE COURT TECHNOLOGYRevenue & Expenditure ProjectionsFiscal Year 2024-2025 16 126 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES Juvenile Case Manager Fee 42,407 23,021 40,000 40,000 Investment Income - - TOTAL REVENUES 42,407 23,021 40,000 40,000 EXPENDITURES Personnel Services - - - - TOTAL EXPENDITURES - - - - 42,407 23,021 40,000 40,000 53,474 95,881 118,903 158,903 95,881 118,903 158,903 198,903 ENDING FUND BALANCE JUVENILE CASE MANAGER FUNDRevenue & Expenditure ProjectionsFiscal Year 2024-2025 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 17 127 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES Commercial Vehicle Fee/Weight 9,454 2,059 5,000 5,000 Investment Income TOTAL REVENUES 9,454 2,059 5,000 5,000 EXPENDITURES Personnel Services - 3,054 - 4,200 Contractual Services - 500 300 Supplies 953 262 - 500 Maintenance - - - Capital Outlay - - - TOTAL EXPENDITURES 953 3,316 500 5,000 8,501 (1,257) 4,500 - 4,360 12,861 11,604 16,104 12,861 11,604 16,104 16,104 ENDING FUND BALANCE COMMERCIAL VEHICLE FUNDRevenue & Expenditure ProjectionsFiscal Year 2024-2025 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 18 128 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES Court Time Payment Fee 4,806 6,152 3,000 3,000 Investment Income - - - - Transfer In - General Fund - - - - TOTAL REVENUES 4,806 6,152 3,000 3,000 EXPENDITURES Personnel Services - - - - Contractual Services - - - - Supplies - - - - Maintenance 6,954 - - Capital Outlay - - - - TOTAL EXPENDITURES 6,954 - - - (2,148) 6,152 3,000 3,000 29,113 26,965 33,116 36,116 26,965 33,116 36,116 39,116 ENDING FUND BALANCE COURT TIME PAYMENT FUNDRevenue & Expenditure ProjectionsFiscal Year 2024-2025 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 19 129 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES 1,256,518 1,275,523 1,000,000 1,300,000 Reimbursement Tribute PTNRS - - - - - - 1,256,518 1,275,523 1,000,000 1,300,000 Transfer In - General Fund - 1,102,000 - TOTAL REVENUES & TRANSFERS 1,256,518 2,377,523 1,000,000 1,300,000 EXPENDITURES Contractual Servics - - - - Maintenance 695,313 370,758 - - Capital Outlay 115,350 520,467 1,000,000 - TOTAL EXPENDITURES 810,663 891,226 - 1,000,000 - - TRANSFERS OUT 50,000 50,000 50,000 50,000 - 203,925 - - Projects to be determined - - - 100,000 100,000 100,000 100,000 TOTAL TRANSFERS OUT 150,000 353,925 150,000 150,000 960,663 1,245,151 1,150,000 150,000 295,855 1,132,373 (150,000) 1,150,000 953,416 1,249,271 2,381,644 2,231,644 1,249,271 2,381,644 2,231,644 3,381,644 TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE TOTAL REVENUES Transfer - General Fund Transfer - Utility CIP Transfer - Utility Fund Storm Water Utility Fees Investment Income STORM WATER UTILITY FUNDRevenue & Expenditure ProjectionsFiscal Year 2024-2025 20 130 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget IMPACT FEES Water Impact Fees 718,332 222,501 400,000 400,000 Sewer Impact Fees 344,883 120,734 200,000 200,000 Investment Income - - - - TOTAL REVENUES 1,063,215 343,235 600,000 600,000 EXPENDITURES Water Impact Fee Reimbursement - - - - Sewer Impact Fee Reimbursement 28,434 - 240,000 240,000 Contractual Services - Water Master Plan - - - - TOTAL EXPENDITURES 28,434 - 240,000 240,000 TRANSFERS OUT: Transfer - Capital Project Admin - - - Transfer - Utility Revenue Debt Service 750,000 750,000 750,000 750,000 TOTAL TRANSFERS OUT 750,000 750,000 750,000 750,000 TOTAL EXPENDITURES & TRANSFERS 778,434 750,000 990,000 990,000 EXCESS (DEFICIENCY)284,781 (406,765) (390,000) (390,000) BEGINNING FUND BALANCE 1,074,090 1,358,871 952,106 562,106 ENDING FUND BALANCE 1,358,871 952,106 562,106 172,106 WATER/SEWER IMPACT FEES FUNDRevenue & Expenditure ProjectionsFiscal Year 2024-2025 21 131 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget HOTEL/MOTEL TAXES Taxes 1,937,273 2,356,974 1,200,000 2,010,000 Miscellaneous 1,688 1,095 - - 1,938,961 2,358,069 1,200,000 2,010,000 TRANSFERS IN Transfer from - General Fund 115,000 400,000 800,000 0 TOTAL TRANSFERS IN 115,000 400,000 800,000 - TOTAL REVENUES & TRANSFERS 2,053,961 2,758,069 2,000,000 2,010,000 EXPENDITURES Communications 120,740 129,090 129,674 136,734 10,099 11,132 14,740 15,440 1,384 1,503 4,050 2,650 Maintenance - - 900 500 339,949 340,408 396,327 397,008 Contractual Services 391,610 560,051 689,575 677,595 12,744 8,499 12,000 12,000 Maintenance 5,623 - 24,190 20,173 426,322 314,925 275,000 300,000 6,996 31,177 - - 1,315,467 1,396,786 1,546,456 1,562,100 TRANSFERS OUT Transfer to CIP - - - - Transfer to Special Event 200,000 200,000 200,000 700,000 TOTAL TRANSFERS OUT 200,000 200,000 200,000 700,000 TOTAL EXPENDITURES & TRANSFERS 1,515,467 1,596,786 1,746,456 2,262,100 OH COST 35,681 35,691 35,691 35,691 502,814 1,125,592 217,853 (287,791) 381,395 884,209 2,009,801 2,227,654 884,209 2,009,801 2,227,654 1,939,863 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE Personnel Services Contractual Services Supplies CVB Personnel Services Capital Items TOTAL EXPENDITURES Supplies NFM HOT Reimbursements TOTAL REVENUES HOTEL/MOTEL TAX FUND Revenue & Expenditure Projections Fiscal Year 2024-2025 22 132 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget CHARGES FOR SERVICES 335,138 372,429 299,000 304,000 Concession Revenues - 769 1,000 1,000 Tribute Lease 101,074 123,466 220,000 120,000 Old American Lease - - - - Blue Sky 732 - 12,000 12,000 Marine Quest 166,250 139,218 90,000 90,000 4,602 19,218 - - Mitigation Fees - - - - 100,553 100,553 - - 708,350 755,653 622,000 527,000 TOTAL REVENUES & TRANSFERS 708,350 755,653 - 622,000 527,000 EXPENDITURES 10,044 17,860 30,300 34,050 - - - 20,000 80,623 80,342 95,950 109,300 4,829 11,922 12,250 15,150 64,218 112,110 46,000 55,000 Non-Capital - Other Equipment - - - - 32,484 4,200 - - 192,197 226,434 184,500 233,500 TRANSFERS OUT 35,000 35,000 50,000 50,000 TOTAL TRANSFERS OUT 35,000 35,000 50,000 50,000 227,197 261,434 234,500 283,500 481,153 494,219 387,500 243,500 1,079,364 1,560,517 2,054,735 2,442,235 1,560,517 2,054,735 2,442,235 2,685,735 Fees & Permits LAKE PARKS FUND Revenue & Expenditure Projections Fiscal Year 2024-2025 Lease Interest Revenue Lease Revenue TOTAL REVENUES Contractual Services Supplies Part Time Temporary Personel Professional Services Maintenance ENDING FUND BALANCE Capital Outlay TOTAL EXPENDITURES Transfer to Parks Fund TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 23 133 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES Donations & Sponsorships 25,440 31,852 13,000 36,200 36,737 23,719 17,000 36,000 62,177 55,572 30,000 72,200 TRANSFERS IN 345,000 400,000 444,000 0 200,000 200,000 200,000 700,000 545,000 600,000 644,000 700,000 TOTAL REVENUES & TRANSFERS 607,177 655,572 674,000 772,200 EXPENDITURES Personnel 156,247 116,859 150,779 160,768 Supplies 13,125 - - 0 Printing Services 1,562 3,284 3,500 3,200 Christmas 5,246 7,384 7,500 10,500 Christmas Light Show Supplemental 50,000 49,512 65,000 65,000 Liberty by The Lake 85,778 45,544 96,000 100,000 American Heroes 219,560 275,305 245,000 245,000 Parent Child Event 5,399 6,550 6,550 6,550 Halloween Campout 6,120 6,000 - - Easter Egg Hunt 4,532 6,092 6,500 7,500 Event Marketing 2,467 4,378 3,500 3,500 Arbor Day 737 1,209 2,500 1,750 Movies In The Park 6,448 4,915 6,000 6,000 Coach Cox Kids Chase/Up, Up & Away(15-16 3,506 2,537 4,000 4,500 Up, Up & Away 3,506 2,537 4,000 4,000 Back To School 0 0 0 2,500 Bow Wow Pow Wow 2,302 1,074 2,000 2,000 Road Runners Club 10,000 10,000 10,000 10,000 N TX Food Pantry 8,000 - 5,000 5,000 Chamber Golf Tourney - - 6,000 6,000 Lakeside Community Theatre 12,000 12,000 12,000 12,000 Metro Relief - - - - TOTAL EXPENDITURES 596,536 555,180 635,829 655,768 OH COST 35,688 35,670 35,670 35,670 (25,047) 64,722 2,501 80,762 3,372 (21,675) 43,047 45,548 (21,675) 43,047 45,548 126,310 ENDING FUND BALANCE TOTAL REVENUES Transfer from - General Fund Transfer from - Hotel/Motel Tax TOTAL TRANSFERS IN EXCESS (DEFICIENCY) BEGINNING FUND BALANCE Event Revenues SPECIAL EVENTS FUND Revenue & Expenditure Projections Fiscal Year 2024-2025 24 134 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES One Dollar Donation 257 252 300 300 Recycling Rebate Donation - - - - Investment Income - - - - TOTAL REVENUES 257 252 300 300 EXPENDITURES Contractual Services - - - - TOTAL EXPENDITURES - - - - 257 252 300 300 10,134 10,391 10,643 10,943 10,391 10,643 10,943 11,243 BEGINNING FUND BALANCE ENDING FUND BALANCE EXCESS (DEFICIENCY) CITIZEN DONATION FUNDRevenue & Expenditure ProjectionsFiscal Year 2024-2025 25 135 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES Child Safety Fund Revenue 2,651 3,293 1,700 2,000 Denton County Child Safety Fund 49,330 50,545 49,000 50,000 51,981 53,838 50,700 52,000 TOTAL REVENUES & TRANSFERS 51,981 53,838 50,700 52,000 EXPENDITURES Child Advocacy Center - 59,500 65,608 50,000 TOTAL EXPENDITURES - 59,500 65,608 50,000 TRANSFER OUT Transfer - General Fund 10,000 10,000 10,000 10,000 TOTAL TRANSFER OUT 10,000 10,000 10,000 10,000 10,000 69,500 75,608 60,000 41,981 (15,662) (24,908) (8,000) 44,689 86,670 71,008 46,100 86,670 71,008 46,100 38,100 ENDING FUND BALANCE TOTAL REVENUES TOTAL EXPENDITURES & TRANSFERS CHILD SAFETY FUNDRevenue & Expenditure ProjectionsFiscal Year 2024-2025 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 26 136 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES Donations - - - - - - - - TRANSFERS IN 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 TOTAL REVENUES & TRANSFERS 10,000 10,000 10,000 10,000 EXPENDITURES Personnel 609 445 2,200 2,250 Contractual Services - - 300 300 Supplies 25 7,907 11,700 13,200 Maintenance - - - - TOTAL EXPENDITURES 634 8,351 14,200 15,750 TRANSFERS OUT General Fund - - - - 634 8,351 14,200 15,750 9,366 1,649 (4,200) (5,750) 1,833 11,199 12,847 8,647 - 11,199 12,847 8,647 2,897 KEEP THE COLONY BEAUTIFULRevenue & Expenditure ProjectionsFiscal Year 2024-2025 BEGINNING FUND BALANCE ENDING FUND BALANCE TOTAL REVENUES Transfer In - General Fund TOTAL TRANSFERS IN TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) 27 137 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES 5,527,317 - - - - - 5,527,317 - - - TOTAL REVENUES & TRANSFERS 5,527,317 - - - TRANSFERS OUT - - 11,032,945 - - - - TOTAL TRANSFERS OUT - - 11,032,945 - - - 11,032,945 - 5,527,317 - (11,032,945) - 5,505,628 11,032,945 11,032,945 0 11,032,945 11,032,945 0 0 Interest SLFRF Fund Revenue & Expenditure Projections Fiscal Year 2024-2025 SLFRF Revenue ENDING FUND BALANCE TOTAL REVENUES Transfer - Tax Debt Fund Transfer - Utility Fund TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) BEGINNING FUND BALANCE 28 138 2021-2022 2022-2023 2023-2024 2024-2025 Actual Actual Budget Budget REVENUES 264,960 - - - State Grant Revenue - - 264,960 - - - Transfer In - Community Development - 7,083,340 4,000,000 3,500,000 TOTAL REVENUES & TRANSFERS 264,960 7,083,340 4,000,000 3,500,000 EXPENDITURES Contractual Servics - - 150,000 - Maintenance 61,945 205,526 50,000 - Non-Capital - - 50,000 - Capital Outlay 909,885 1,659,244 3,500,000 - TOTAL EXPENDITURES 971,829 1,864,769 - 3,750,000 - - TRANSFERS OUT - - - - Transfer - Parks Fund - - - - TOTAL TRANSFERS OUT - - - - 971,829 1,864,769 3,750,000 - (706,869) 5,218,571 250,000 3,500,000 4,695,803 3,988,933 9,207,504 9,457,504 3,988,933 9,207,504 9,457,504 12,957,504 BEGINNING FUND BALANCE ENDING FUND BALANCE TOTAL REVENUES Transfer - General Fund TOTAL EXPENDITURES & TRANSFERS EXCESS (DEFICIENCY) PARK IMPROVEMENTS FUNDRevenue & Expenditure ProjectionsFiscal Year 2024-2025 Park Dedication Fees 29 139 Department General Description 2025 PARD Dumpster Enclosure Expansion 31,590.00$ Public Works Waste Water Plant Precast Screening Wall 500,000.00$ Streets Mueller Equipment Barn 35,000.00$ Streets Sand Spreader Enclosure 50,000.00$ Facilities Maint.LED Lighting Upgrades 150,000.00$ Facility Maint.Community Center Roof 300,000.00$ Facility Maint.Fire Station 2 Roof 150,000.00$ Facility Maint.Foundation Repairs @ PD and City Hall 165,000.00$ Facility Maint.PD Courtroom Floor Replacement 9,000.00$ Facility Maint.Police Lobby Automatic Doors 50,000.00$ Facility Maint.Recreation Center Roof 240,000.00$ Fleet Additional Electical Outlets 8,000.00$ Total:1,688,590.00$ Dispatch Dallas Regional Warrant Interface 17,000.00$ Fleet Vehical Maintenance Software 45,000.00$ IT Access Control Systems 350,000.00$ IT Annes AV System 25,000.00$ IT Cell Phone Upgrades (61)30,000.00$ IT Compliance Mnagement Software 44,000.00$ IT Enterprise Backup Solution 52,000.00$ IT Microsoft enterprise Agreement 150,000.00$ PARD VenTek Kiosk Card Reader Upgrade 34,500.00$ Police Axon Interview Room Camera System 65,000.00$ Police Flock Safety Cameras 39,250.00$ Police Power DMS Bundle 30,756.00$ Waste Water Security Camera's 50,000.00$ Police Brazos Zebra Ticket Writers/Printers 45,000.00$ Total:977,506.00$ Police K9 unit 47,000.00$ Police Grandscape Police Equipment 48,000.00$ Police Motorola Portable Radios (35)250,000.00$ Total:Total:345,000.00$ Emergency Svcs Outdoor Warning Sirens 127,500.00$ Fleet Brake Rotor Machine 12,000.00$ PARD Stage for Events & Concerts 313,534.00$ Animal Services Outdoor Dog Kennels 5,000.00$ Animal Services Dog Bowl Sanitizing Machine 7,500.00$ Computers, Software & Hardware Emergency Vehicles & Equipment Equipment Capital Outlay & Special Maintenance Plan Summary FY24-25 Building Expansion, Renovation, & Maintenance 30 140 Fleet Fuel Injector Cleaner 2,000.00$ Total:467,534.00$ Engineering ITS Detection Equipment 325,000.00$ Engineering Replace/Upgrade Traffic Signal Equipment 170,000.00$ Engineering School Zone Flashers 25,000.00$ Streets Husqvarna Walk Behind Saw 30,000.00$ Engineering AutoCad License Renewal 1,500.00$ Engineering Bridge Repair at Grandscape 300,000.00$ Engineering City Wide Street Pavement Lifting Surfaces 250,000.00$ Engineering Drainage Impact Fee Study 50,000.00$ Engineering Misc. Drainage & Erosion Repair Projects 400,000.00$ Engineering Pavement Condition Evaluation for Alleys 50,000.00$ Engineering Regional Detention Pond Evaluation (SW Utility Fund 50,000.00$ Engineering Roadway Impact Fee Study 50,000.00$ Engineering Stormwater Permit Consulting Assistance (SW Utility 50,000.00$ Engineering Street Lights 30,000.00$ Streets Barricades 20,000.00$ Total:1,801,500.00$ Engineering Ford F150 55,500.00$ Facilities Maint F250 w/ Ladder rack (3)158,768.00$ Fire Divison Chief of Training Vehicle 79,726.00$ Fire Fire Admin Staff Vehicles (2)159,452.00$ Fire Firefighting Drone 39,000.00$ Fire Incident Support Vehicle 50,000.00$ PARD John Deere Gator Model TE 4x2 18,700.00$ PARD Replace Unit #545E 27,000.00$ PARD Replace Unit #552 73,000.00$ Police Grandscape Police Vehicles (3)285,000.00$ Police K9 Officer Vehicle 95,000.00$ Police Replacement Police Vehicles (6)450,000.00$ Storm Water Cat Skid Steer Loader 75,000.00$ Streets Backhone Loader 175,000.00$ Streets Dynamic Message Boards (5)110,000.00$ Streets Ford F-250 w/ Ladder Rack & Toolbox (2)200,000.00$ Streets Ford F350 Super Cab w/ Asphalt Heater 140,000.00$ Utility Admin 2024 Ford Maverick (Unit #6135)34,400.00$ Utility Admin Ford F150 Trucks (Units #6136 & #6137)105,294.00$ Waste Water Flatbed Attached Crane 30,000.00$ Waste Water Sludge Hauling Trailers (2)100,000.00$ Water Dist.Ford F550 4x4 100,000.00$ Water Dist.Ranger Pickup 27,055.00$ Water Dist.Sewer Camera Trailer 207,000.00$ Water Production Mobile Workshop Utility Trailer 20,500.00$ Streets Vehicles, Trailers, & Heavy Equipment 31 141 Water Production Replace Unit #6122 - Transit Cargo Van 83,425.00$ Total:2,898,820.00$ Waste Water Lift Station Aerators 27,000.00$ Water Dist.Line Locate Wand 13,860.00$ Water Production Connecting Water Facilities to City Network 150,000.00$ Water Production Disinfectant Equipment Well #4 56,500.00$ Water Production Paluxy Well Pump 105,000.00$ Water Production Paving Parking Area 46,000.00$ Water Production Public Works Radio Repeater 56,000.00$ Water Production Stage 1 of 2 Motor Control Center 273,000.00$ Water Production VFD Pump 178,500.00$ Engineering Water/Wastewater Master Plan & Impact Fee Study 150,000.00$ Total:1,055,860.00$ 9,234,810.00$ CDC Parks Master Plan Revision 100,000.00$ Total:100,000.00$ 9,334,810.00$ Combined Capital Outlay & Special Maintenance Grand Total: Capital Outlay & Special Maintenance Grand Total: Water & Wastewater Equipment & Projects Community Development Corporation 32 142 Department General Description 2025 2026 2027 2028 2029 Total: Facility Maint.Animal Shelter Expansion 350,000.00 - - - - 350,000.00 Facility Maint.Library Remodel 600,000.00 - - - - 600,000.00 Facility Maint.Remodel Community Center 220,000.00 - - - - 220,000.00 Facility Maint.PD Relocation at Comm Center 225,000.00 - - - - 225,000.00 Facility Maint.Remodel Trinity North Building 11,000,000.00 - - - - 11,000,000.00 PARD Stewart Creek Park Master Plan Impv 550,000.00 550,000.00 550,000.00 500,000.00 - 2,150,000.00 Totals:12,945,000.00 550,000.00 550,000.00 500,000.00 - 14,545,000.00 Fire Fire Station 3 Aux Building 517,990.00 - - - - 517,990.00 Totals:517,990.00 - - - - 517,990.00 Fire Squad 18 Wet Rescue Fire Apparatus 1,505,140.00 - - - 1,505,140.00 Totals:1,505,140.00 - - - - 1,505,140.00 Engineering Bill Allen Stream Bank Stabalization 350,000.00 - - - - 350,000.00 Engineering Haven Hills & Waters Edge Connector 80,000.00 600,000.00 - - - 680,000.00 Engineering Memorial Drive Widening 500,000.00 2,000,000.00 5,000,000.00 7,000,000.00 5,000,000.00 19,500,000.00 Engineering North Colony Flooding 175,000.00 200,000.00 - - - 375,000.00 Engineering Paige Road Channel Stabalization 600,000.00 - - - - 600,000.00 Engineering Plano Parkway Outfall Dissipator 250,000.00 - - - - 250,000.00 Engineering Residential Street Reconstruction 4,650,000.00 1,850,000.00 - - - 6,500,000.00 Streets General Alleyway Repair - Large 1,500,000.00 1,500,000.00 1,500,000.00 1,500,000.00 1,500,000.00 7,500,000.00 Streets General Alleyway Repair - Small 500,000.00 500,000.00 500,000.00 500,000.00 500,000.00 2,500,000.00 Streets General Street Repair - Multi-Panel 3,500,000.00 3,500,000.00 3,500,000.00 3,500,000.00 3,500,000.00 17,500,000.00 Engineering Residential PCI Driven Concrete Road Repa 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 5,000,000.00 Engineering Strickland Drainage Pipe Repairs 850,000.00 - - - - 850,000.00 Engineering Tribute Water Ponding 200,000.00 200,000.00 200,000.00 - - 600,000.00 Totals:14,155,000.00 11,350,000.00 11,700,000.00 13,500,000.00 11,500,000.00 62,205,000.00 Engineering Tribute Water Well 1,200,000.00 5,000,000.00 4,000,000.00 - - 10,200,000.00 Engineering Wastewater Treatment Plant CMAR 5,500,000.00 - - - - 5,500,000.00 Facility Maint.Backup Generator Equipment Well #4 1,008,000.00 - - - - 1,008,000.00 Totals:7,708,000.00 - - - - 6,508,000.00 Comprehensive Improvement Plan Summary FY25-29 Building Expansion, Renovation, & Maintenance Computers, Software & Hardware Emergency Vehicles Streets Water & Waste Water 33 143 CIP Grand Total:36,831,130.00 11,900,000.00 12,250,000.00 14,000,000.00 11,500,000.00 85,281,130.00 CDC Aquatic Park Upgrades 450,000.00 450,000.00 450,000.00 - - 1,350,000.00 CDC Bill Allen Park Erosion (CDC Portion)500,000.00 - - - - 500,000.00 CDC Athletic Facility Upgrades 850,000.00 850,000.00 850,000.00 850,000.00 - 3,400,000.00 Totals:1,800,000.00 1,300,000.00 1,300,000.00 850,000.00 - 5,250,000.00 Combined CIP Grand Total:38,631,130.00 13,200,000.00 13,550,000.00 14,850,000.00 11,500,000.00 90,531,130.00 Combined CIP Grand Total 38,631,130.00$ Combined Capital Outlay Total 9,334,810.00$ Grand Total CIP & Capital Outlay 47,965,940.00$ FY24-25 Community Development Corporation 34 144 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 2024 Submitted by: Latonjia Williams Submitting Department: Finance Item Type: Discussion Agenda Section: Subject: Discuss and consider the proposed 2025 tax rate of $.6400 per $100 of property valuation and setting the date for public hearings on the budget, tax rate, and Grandscape PID assessment on September 3, 2024. In addition, approval of the 2024-2025 fee schedule, tax rate, budget, and PID assessment on September 17, 2024. (Miller/L. Williams) Suggested Action: Attachments: Notice of Meeting to Vote on Tax Rate-Form_50-883_08.14.24.pdf 145 50-883 • Rev. 1-24/6 Form 50-883 For additional copies, visit: comptroller.texas.gov/taxes/property-taxForm developed by: Texas Comptroller of Public Accounts, Property Tax Assistance Division NOTICE OF MEETING TO VOTE ON TAX RATE A tax rate of $______________________________________ per $100 valuation has been proposed by the governing body of _____________________________________________________ PROPOSED TAX RATE $ ___________________per $100 NO-NEW-REVENUE TAX RATE $ ___________________per $100 VOTER-APPROVAL TAX RATE $ ___________________per $100 The no-new-revenue tax rate is the tax rate for the (current tax year) tax year that will raise the same amount of property tax revenue for (name of taxing unit) from the same properties in both the (preceding tax year) tax year and the (current tax year) tax year. The voter-approval tax rate is the highest tax rate that (name of taxing unit) may adopt without holding an election to seek voter approval of the rate. The proposed tax rate is not greater than the no-new-revenue tax rate. This means that (name of taxing unit) is not proposing to increase property taxes for the (current tax year) tax year. A PUBLIC MEETING TO VOTE ON THE PROPOSED TAX RATE WILL BE HELD ON (date and time) at (meeting place) . The proposed tax rate is also not greater than the voter-approval tax rate. As a result, (name of taxing unit) is not required to hold an election to seek voter approval of the rate. However, you may express your support for or opposition to the proposed tax rate by contacting the members of the (name of governing body) of (name of taxing unit) at their offices or by attending the public meeting mentioned above. YOUR TAXES OWED UNDER ANY OF THE TAX RATES MENTIONED ABOVE CAN BE CALCULATED AS FOLLOWS: Property tax amount = ( tax rate ) x ( taxable value of your property ) / 100 (List names of all members of the governing body below, showing how each voted on the proposed tax rate or, if one or more were absent, indicating absences.) FOR the proposal: ___________________________________________________________________________ AGAINST the proposal: _______________________________________________________________________ PRESENT and not voting: _____________________________________________________________________ ABSENT: __________________________________________________________________________________ Statements required in notice if the proposed tax rate does not exceed the lower of the no-new-revenue tax rate or the voter-approval tax rate, as prescribed by Tax Code §26.061. Visit Texas.gov/PropertyTaxes to find a link to your local property tax database on which you can easily access information regarding your property taxes, including information about proposed tax rates and scheduled public hearings of each entity that taxes your property. 0.640000 the City of The Colony 0.640000 0.699695 0.896903 2024 the City of The Colony 2023 2024 the City of The Colony the City of The Colony 2024 Sept 3, 2024 at 6:30PM 6800 Main Street. The Colony, TX 75056 the City of The Colony City Council the City of The Colony 146 The 86th Texas Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of property taxes in the state. The following table compares the taxes imposed on the average residence homestead by (name of taxing unit) last year to the taxes proposed to the be imposed on the average residence homestead by (name of taxing unit) this year. 2023 2024 Change Total tax rate (per $100 of value) 2023 adopted tax rate 2024 proposed tax rate (Increase/Decrease) of (nominal difference between tax rate for preceding year and proposed tax rate for current year) per $100, or (percentage difference between tax rate for preceding year and proposed tax rate for current year)% Average homestead taxable value 2023 average taxable value of residence homestead 2024 average taxable value of residence homestead (Increase/Decrease) of (percentage difference between average taxable value of residence homestead for preceding year and current year)% Tax on average homestead 2023 amount of taxes on average taxable value of residence homestead 2024 amount of taxes on average taxable value of residence homestead (Increase/Decrease) of (nominal difference between amount of taxes imposed on the average taxable value of a residence homestead in the preceding year and the amount of taxes proposed on the average taxable value of a residence homestead in the current year), or (percentage difference between taxes imposed for preceding year and taxes proposed for current year)% Total tax levy on all properties 2023 levy (2024 proposed rate x current total value)/100 (Increase/Decrease) of (nominal difference between preceding year levy and proposed levy for current year), or (percentage difference between preceding year levy and proposed levy for current year)% Notice of Meeting to Vote on Tax Rate Form 50-883 Page 2For additional copies, visit: comptroller.texas.gov/taxes/property-tax the City of The Colony the City of The Colony 147 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 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 evaluation, reassignment, duties, discipline, or dismissal of the Municipal Court Judge. Suggested Action: Attachments: 148 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: August 20, 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 evaluation, reassignment, duties, discipline, or dismissal of the Municipal Court Judge. Suggested Action: Attachments: 149