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HomeMy WebLinkAbout2025 0121Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: January 21, 2025 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: January 21, 2025 Submitted by: Tina Stewart Submitting Department: City Secretary 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: January 21, 2025 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 6 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: January 21, 2025 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from January 7, 2025. (Stewart) Suggested Action: Attachments: January 7, 2025 DRAFT Minutes.docx 7 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 JANUARY 7, 2025 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 7 th day of January 2025, 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 Present Present Present Absent (Personal) And with 6 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:30 p.m. 1.2 Invocation Lead Pastor Jamael Graves from the Cultivate Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Receive a presentation from The Colony Chamber of Commerce. Chairman of The Colony Chamber of Commerce, Ese Aihie and other board members presented an award of outstanding leadership to Councilwoman Judy Ensweiler. 1.6 Items of Community Interest 1.6.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Supervisor, Chloe Hancock provided upcoming events and activities to the Council. 8 City Council – Regular Meeting Agenda January 7, 2025 Page| 2 City Manager, Troy Powell, announced the Public Works Department is prepared and on call for any possible weather conditions that may arise in the days to come. Mayor Boyer, recognized the passing of Deputy City Secretary, Kimberly Thompson. He shared heartfelt condolences to her family. Kim was a vital part of our organization and our lives, and her loss is deeply felt across our entire city family. 2.0 CITIZEN INPUT None 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. Councilwoman Ensweiler spoke concerning handicap parking signs at the new senior center at Stewart Creek Park Elementary. Council and city staff provided discussion on the item. As more information is gathered, city staff will add to a future meeting date. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda with corrections to Agenda Item Nos. 4.1, 4.5, 4.6; and with the exception of Agenda Item Nos. 4.8 and 4.12 for separate consideration. Agenda Item Nos. 4.7 and 4.13 were pulled from the agenda with no discussion- Ensweiler second by Rainey, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from December 3, 2024. 4.2 Consider approving an ordinance budget amendment to supplement the approved FY 24-25 General Fund in the amount of $34,193.87 to cover the November 5, 2024 General Election expense invoice. ORDINANCE NO. 2025-2589 4.3 Consider approving a resolution appointing Stephen Christo as the alternate to the City of The Colony's Denton County Transit Authority Representative. RESOLUTION NO. 2025-001 9 City Council – Regular Meeting Agenda January 7, 2025 Page| 3 4.4 Consider approving the Inter-Fund Operating Transfer between funds to move budgeted monies to Fund 895 (capital project fund). RESOLUTION NO. 2025-014 4.5 Consider approving a resolution authorizing the City Manager to issue a purchase order to Rush Truck Center in the amount of $67,307.04 for the purchase of one F- 250 truck to be funded by the Community Development Corporation. RESOLUTION NO. 2025-002 4.6 Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract with Sunbelt Pools to Hydro Blast and Replaster the outdoor pool at the Aquatic Park in an amount not to exceed $137,221.12 to be funded by the Community Development Corporation. RESOLUTION NO. 2025-003 ******AGENDA ITEM PULLED WITH NO DISCUSSION***** 4.7 Consider approving a resolution authorizing the City Manager to execute a 3-year agreement with Tyler Technologies in the amount of $158,744 per year with a one- time cost of $8,710 for the upgrade of Incode software for Finance, Utility Billing and Municipal Court. 4.8 Consider approving a resolution authorizing the City Manager to issue a purchase order to Sequel Data Systems in the amount of $66,476.70 for a replacement enterprise backup server. IT Director, Chris Cuellar, provided an overview to Council on the proposed resolution. Council provided discussion on the item. Motion to approve-Wade; second by Holtz, motion carried with all ayes with the exception of Ensweiler voting no. RESOLUTION NO. 2025-004 4.9 Consider approving a resolution authorizing the City Manager to execute the award of a grant application to the Office of the Governor for Cybersecurity Enhancement – Grant Number 5220701. 10 City Council – Regular Meeting Agenda January 7, 2025 Page| 4 RESOLUTION NO. 2025-005 4.10 Consider approving a resolution authorizing the City Manager to issue a purchase order to GT Distributors Inc. in the amount of $80,000.00 for the purchase of training and duty ammunition for the Police Department. RESOLUTION NO. 2025-006 4.11 Consider approving a resolution authorizing the City Manager to execute year two of a five year contract renewal for body worn cameras with Axon Enterprise Inc., in the amount of $160.693.36. RESOLUTION NO. 2025-007 4.12 Consider approving a resolution authorizing the City Manager to execute a Police Department contract renewal for crossing guard services with All City Management Services Inc., in the amount of $175,181.60, for the 2024-2025 school year. Police Chief, Phillip Foxall, provided a presentation to Council. Anna Peters, 4113 Gardner, appeared in opposition of the proposed resolution. Assistant Chief, Jay Goodson, answered questions from Council. Council provided discussion on the item. Motion to approve with the revision authorizing a crossing guard at Ethridge and Fryer Street- Holtz; second by Schrag, motion carried with all ayes. RESOLUTION NO. 2025-008 ******AGENDA ITEM PULLED WITH NO DISCUSSION***** 4.13 Consider approving a resolution authorizing the City Manager to issue a purchase order to CAN-EX Technologies in the amount of $199,988.00 for an alternative purchase of two ZIPCAM 360 camera crawler systems. 4.14 Consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement with The New York Blower Company in the amount of $65,714.00 for the repair of a blower motor for the Waste Water Treatment Plant odor control building. RESOLUTION NO. 2025-009 11 City Council – Regular Meeting Agenda January 7, 2025 Page| 5 4.15 Consider approving a resolution authorizing the City Manager to approve certain payments by The Colony Local Development Corporation, The Colony Economic Development Corporation, and The Colony Community Development Corporation for costs related to the construction of projects within Tax Increment Reinvestment Zone No. 1, City of The Colony, Texas, for Grandscape. RESOLUTION NO. 2025-010 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider a resolution of all matters incident and related to approving and authorizing publication of notice of intention to issue certificates of obligation and declaring expectation to reimburse expenditures with proceeds of future debt, including the adoption of a resolution pertaining thereto. Director of Finance, Latonjia Williams, introduced Jason Hughes, Managing Director at Hilltop Securities. Mr. Hughes provided an overview on the proposed resolution to Council. Council provided discussion on the item. Motion to approve- Ensweiler; second by Wade, motion carried with all ayes. RESOLUTION NO. 2025-011 5.2 Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $4,452,376.00 with La Banda, LLC for the Phase 14B Residential Street Reconstruction Project. Engineering Director, Ron Hartline, presented the proposed ordinance to Council. Motion to approve- Ensweiler; second by Schrag, motion carried with all ayes. RESOLUTION NO. 2025-012 ******AGENDA ITEM PULLED AND MOVED TO NEXT MEETING***** 5.3 Discuss and consider an ordinance amending Chapter 6, Article XI, Section 6- 262(j) of the Code of Ordinances, entitled “Flags and Flagpoles" allowing flags to be posted on trees. 5.4 Discuss and consider approving a resolution appointing a Home-Rule Charter Committee to review the current Home-Rule Charter and propose amendments to same. 12 City Council – Regular Meeting Agenda January 7, 2025 Page| 6 Mayor appointed the following members to the committee as follows: 1. David Pearson 2. Melissa Werner 3. Michelle Doss 4. Phillip Marks 5. Doug Mims 6. Dan Rainey (Councilmember, Place 4) 7. Perry Schrag (Councilmember, Place 5) 8. Troy Powell (City Manager) 9. Brant Shallenburger (Deputy City Manager) 10.Tina Stewart (City Secretary) Members are to meet for the purpose of reviewing the Home-Rule Charter, and proposing amendments to the City Council concerning the Home-Rule Charter. Motion to approve appointed names as mentioned; and the amendment stating Section 9.004 of the Texas Local Government Code provides the authority for the City Council to appoint a Home-Rule Charter Commission for the City of The Colony. Texas, to consider and propose home rule charter amendments- Ensweiler; second by Wade, motion carried with all ayes. RESOLUTION NO. 2025-013 Executive Session was convened at 7:30 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.072 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and to seek legal advice from the city attorney regarding Blue Sky Sports Center, L.P. matter, and related matters. B. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Regular Session was reconvened at 8:29 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 to seek legal advice from the city attorney regarding Blue Sky Sports Center, L.P. matter, and related matters. No Action 13 City Council – Regular Meeting Agenda January 7, 2025 Page| 7 B. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). No Action ADJOURNMENT With there being no further business to discuss, the meeting adjourned at 8:30 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 14 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: January 21, 2025 Submitted by: Tina Stewart Submitting Department: Fire Item Type: Ordinance Agenda Section: Subject: Consider approving an ordinance amending Chapter 9, Article III of the Code of Ordinances, by amending Section 9-40(B), entitled "International Fire Code Adopted"; by adopting or adding local amendments for Section 606.2.1, 903.3.5 and 907.6.1.1 of the International Fire Code. (Lucas) Suggested Action: Attachments: Ord. 2025-XXXX International Fire Code - 2021 Edition Amendments.docx 15 Page 1 of 4 CITY OF THE COLONY, TEXAS ORDINANCE NO.2025 - _________ 2021 INTERNATIONAL FIRE CODE AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 9, ARTICLE III, OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING SECTION 9-40(B), ENTITLED “INTERNATIONAL FIRE CODE ADOPTED,”BY AMENDING OR ADDING LOCAL AMENDMENTS FOR SECTION 606.2.1, 903.3.5, AND 907.6.1.1 OF THE INTERNATIONAL FIRE CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council of the City of The Colony, Texas, is of the opinion that the 2021 Edition of the International Fire Code should be amended by adopting or amending local amendments for Sections 606.2.1, 903.3.5, and 907.6.1.1 of the International Fire Code the City of The Colony, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 9, Article III, Section 9-40(b), by amending and/or adding sections 606.2.1, 903.3.5, and 907.6.1.1 of the International Fire Code to read as follows: “606.2.1 Where required. Type II vent hood shall be installed at or above all devices used to heat coals intended to be used for smoking purposes.” . . . Second 903.3.5 is amended by adding a second paragraph to read as follows: “Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every water-based fire protection system shall be designed with a 10 psi safety factor and a minimum of 1 inch service and meter. The use of ½ inch CPVC in any R installation is prohibited. Reference Section 507.4 for additional design requirements.” . . . 16 Page 2 of 4 “907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical between supply and return circuit conductors. The initiating device circuit (IDC) from a signaling line circuit interface device shall be wired Class A, to prevent the loss of signaling devices failure to notify if a device has been removed or wire damaged.” SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 21ST DAY OF JANUARY 2025. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary 17 Page 3 of 4 18 Page 4 of 4 APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 19 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: January 21, 2025 Submitted by: Isaac Williams Submitting Department: Planning Item Type: Ordinance Agenda Section: Subject: Conduct a Public Hearing discuss and consider an ordinance regarding a zoning change from Business Park (BP) zoning district to Planned Development 30 (PD-30) to establish the conceptual layout and development standards for a mixed commercial development. The subject site contains approximately 6.5 acres at the southeast intersection of Standridge Drive and Memorial Drive within the Business Park (BP) zoning district. (Williams) Suggested Action: Attachments: 20 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: January 21, 2025 Submitted by: Molly Owczar Submitting Department: Customer Service Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution authorizing the City Manager to execute a seventh amendment to the commercial & industrial and residential solid waste collection, transport and disposal and residential recycling collection, transport & processing agreement with Republic Services. (Owczar) Suggested Action: Attachments: republic Contract_2025 PI Amendment ~ 7th Amendment.pdf 7th amendment rates year 1 of 7.pdf Res. 2025-xxx Republic Solid Waste Agreement - Seventh Amendment.docx 21 22 23 24 25 SIZE TYPE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA PU 2 YD 101.94$ 179.13$ 256.38$ 333.53$ 410.74$ 552.29$ 57.83$ 3 YD 116.76$ 203.89$ 290.99$ 378.10$ 465.17$ 552.29$ 57.83$ 4 YD 131.21$ 229.26$ 325.21$ 422.19$ 519.21$ 616.19$ 68.47$ 6 YD 158.61$ 275.40$ 392.18$ 509.01$ 625.79$ 742.40$ 74.11$ 8 YD 184.13$ 320.70$ 457.29$ 589.91$ 730.46$ 867.00$ 82.60$ 10 YD 218.76$ 381.03$ 543.30$ 700.87$ 867.86$ 1,030.09$ 103.26$ 2 FEL Comp/lift 37.61$ 4 FEL Comp/lift 75.24$ 6 FEL Comp/lift 112.84$ Sunday Service for an 8 YD - $1174.04 per can per month in addition to regular service COMMERCIAL SERVICE FEES 7.82$ PER SET/Month EXTRA YARDS 56.42$ 1.96$ PER LIFT DELIVERY 68.96$ 1.96$ PER LIFT REDELIVERY AFTER NON-PAYMENT -$ REMOVAL -$ SNAP SHOT -$ DRY RUN -$ INDUSTRIAL ROLLOFF RATES SIZE TYPE DELIVERY RENTAL/D ay Haul Disposal/ Ton DEPOSIT/ Container 20 YD Open Top 156.73$ 3.77$ 351.08$ 40.13$ Per credit check 30 YD Open Top 156.73$ 3.77$ 351.08$ 40.13$ Per credit check 40 YD Open Top 156.73$ 3.77$ 351.08$ 40.13$ Per credit check 30 YD Comp Negotiated Negotiated 401.24$ 40.13$ Per credit check 35 YD Comp Negotiated Negotiated 401.24$ 40.13$ Per credit check 40 YD Comp Negotiated Negotiated 401.24$ 40.13$ Per credit check EXTRA YARDS 56.42$ REDELIVERY AFTER NON-PAYMENT -$ REMOVAL -$ DRY RUN -$ COMMERCIAL HAND COLLECT:1 CART 1x/WEEK PER MONTH 30.09$ 2 CART 1x/WEEK PER MONTH 42.63$ MONTHLY 1x/Week Solid Waste Cart Service/2x/month bulk 12.93$ 6.32$ 3.36$ 22.61$ ADDITIONAL SOLID WASTE CART 10.07$ Grapple Truck Service $126.84/hr + Disposal EFFECTIVE DATE 6/1/2025 CITY HALL PHONE 972-624-3116 Rental & Delivery - Negotiated Republic Services of Lewisville FRANCHISED CITY RATES (includes 10% franchise fee on residential, commercial and industrial) CITY OF THE COLONY COMMERCIAL FRONT-LOAD RATES PICKUPS PER WEEK Weekly Curbside Recycle Weekly Green Waste RESIDENTIAL TOTAL CASTERS GATES LOCK BAR 26 SIZE TYPE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA PU 2 YD 95.27$ 167.41$ 239.61$ 311.71$ 383.87$ 516.16$ 54.05$ 3 YD 109.12$ 190.55$ 271.95$ 353.36$ 434.74$ 516.16$ 54.05$ 4 YD 122.63$ 214.26$ 303.93$ 394.57$ 485.24$ 575.88$ 63.99$ 6 YD 148.23$ 257.38$ 366.52$ 475.71$ 584.85$ 693.83$ 69.26$ 8 YD 172.08$ 299.72$ 427.37$ 551.32$ 682.67$ 810.28$ 77.20$ 10 YD 204.45$ 356.10$ 507.76$ 655.02$ 811.08$ 962.70$ 96.50$ 2 FEL Comp/lift 35.15$ 4 FEL Comp/lift 70.32$ 6 FEL Comp/lift 105.46$ Sunday Service for an 8 YD - $1097.23 per can per month in addition to regular service COMMERCIAL SERVICE FEES 7.31$ PER SET/Month EXTRA YARDS 52.73$ 1.83$ PER LIFT DELIVERY 64.45$ 1.83$ PER LIFT REDELIVERY AFTER NON-PAYMENT -$ REMOVAL -$ SNAP SHOT -$ DRY RUN -$ INDUSTRIAL ROLLOFF RATES SIZE TYPE DELIVERY RENTAL/D ay Haul Disposal/ Ton DEPOSIT/ Container 20 YD Open Top 146.48$ 3.52$ 328.11$ 37.50$ Per credit check 30 YD Open Top 146.48$ 3.52$ 328.11$ 37.50$ Per credit check 40 YD Open Top 146.48$ 3.52$ 328.11$ 37.50$ Per credit check 30 YD Comp Negotiated Negotiated 374.99$ 37.50$ Per credit check 35 YD Comp Negotiated Negotiated 374.99$ 37.50$ Per credit check 40 YD Comp Negotiated Negotiated 374.99$ 37.50$ Per credit check EXTRA YARDS 52.73$ REDELIVERY AFTER NON-PAYMENT -$ REMOVAL -$ DRY RUN -$ COMMERCIAL HAND COLLECT:1 CART 1x/WEEK PER MONTH 28.12$ 2 CART 1x/WEEK PER MONTH 39.84$ MONTHLY 1x/Week Solid Waste Cart Service/2x/month bulk 12.93$ 6.32$ 3.36$ 22.61$ ADDITIONAL SOLID WASTE CART 10.07$ Grapple Truck Service $118.54/hr + Disposal EFFECTIVE DATE 6/1/2024 CITY HALL PHONE 972-624-3116 Weekly Curbside Recycle Weekly Green Waste RESIDENTIAL TOTAL CASTERS GATES LOCK BAR Rental & Delivery - Negotiated Republic Services of Lewisville FRANCHISED CITY RATES (includes 10% franchise fee on residential, commercial and industrial) CITY OF THE COLONY COMMERCIAL FRONT-LOAD RATES PICKUPS PER WEEK 27 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2025 – ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING AND APPROVING A SEVENTH AMENDMENT TO THE COMMERCIAL & INDUSTRIAL AND RESIDENTIAL SOLID WASTE COLLECTION, TRANSPORT AND DISPOSAL AND RESIDENTIAL RECYCLING COLLECTION, TRANSPORT & PROCESSING AGREEMENT WITH REPUBLIC SERVICES, ATTACHED HERETO AS EXHIBIT “A”; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas, entered into a solid waste and recycling collection contract with Republic Waste Services on June 1, 2007; and WHEREAS, the City Council of the City of The Colony, Texas, finds and determines it to be in the City’s best interest to approve a Seventh Amendment to the Commercial & Industrial and Residential Solid Waste Collection, Transport and Disposal and Residential Recycling Collection, Transport & Processing Agreement, which is attached hereto as Exhibit A, and is incorporated here for all purposes. NOW,THEREFORE,BE ITRESOLVEDBYTHECITYCOUNCILOFTHE CITY OF THE COLONY, TEXAS: Section 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Section 2. That the City Council of the City of The Colony, Texas, does hereby approve the Seventh Amendment to the Commercial & Industrial and Residential Solid Waste Collection, TransportandDisposalandResidentialRecyclingCollection,Transport&Processing Agreement, which is attached hereto as Exhibit A, and is incorporated here for all purposes. Section 3. That this Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THR CITY COUNCIL OF THR CITY OF THR COLONY, TEXAS, THIS DAY OF JANUARY 21, 2025. Richard Boyer, Mayor Cityof The Colony, Texas 28 ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 29 Exhibit A Seventh Amendment to the Commercial & Industrial and Residential Solid Waste Collection, Transport and Disposal and Residential RecyclingCollection, Transport & Processing Agreement 30 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: January 21, 2025 Submitted by: Tina Stewart Submitting Department: General Admin Item Type: Ordinance Agenda Section: Subject: Discuss and consider an ordinance amending Chapter 6, Article XI, Section 6-262(j) of the Code of Ordinances, entitled “Flags and Flagpoles" allowing flags to be posted on trees. (Perez) Suggested Action: Attachments: The Colony - Ord - Flag Pole - Amendment - jlm draft redline - 123024.docx Ord. 2025-XXXX Flag Pole Amendment.docx 31 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE XI, SECTION 2- 262(J) OF THE CODE OF ORDINANCES ENTITLED “FLAGS AND FLAGPOLES,” BY ALLOWING FLAGS TO BE POSTED IN TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the Cityto amend Chapter 6, Article XI, Section 6-262(j) of the Code of Ordinances, entitled “Flags and Flagpoles” by allowing flags to be posted in trees. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 6, Article XI, by amending section 6-262(j), entitled “Flags and Flagpoles,” which shall read as follows: (j) Flags and Flagpoles Purpose To allow the display of national, state, local or organizational flags within the city limits Location A flag and flagpole may be placed in the front and/or rear yard of the lot. No flags shall be placed in the right-of-way or medians. Flags in residential zoning districts may be placed in ground or attached to the primary structure Flags shall not be attached to fences No flag shall encroach over or onto any public right-of-way Maximum Height (from ground level) Residential = 35 feet Commercial less than 4 stories = 50 feet Commercial 4 stories or greater = 75 feet Maximum Flag Area Residential = 35 square feet Commercial = 70 square feet Flagpole Support Guy wires or similar support features are prohibited Maximum Number of Flagpoles Residential = 1 Commercial = 4; however, no more than 1 corporate identity flag may be flown on any property 32 Page 2 Permit/Application Flagpoles 20 feet in height or less—Not Required Flagpoles over 20 feet in height—Required Fee Flagpoles 20 feet in height or less—No Flagpoles over 20 feet in height—Yes Installation Flagpoles over 20 feet in height—Requires a professional contractor to install SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS day of , 2025. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 33 CITY OF THE COLONY, TEXAS ORDINANCE NO.2025 - ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE XI, SECTION 2- 262(J) OF THE CODE OF ORDINANCES ENTITLED “FLAGS AND FLAGPOLES,” BY ALLOWING FLAGS TO BE POSTED IN TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the Cityto amend Chapter 6, Article XI, Section 6-262(j) of the Code of Ordinances, entitled “Flags and Flagpoles” by allowing flags to be posted in trees. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 6, Article XI, by amending section 6-262(j), entitled “Flags and Flagpoles,” which shall read as follows: (j) Flags and Flagpoles Purpose To allow the display of national, state, local or organizational flags within the city limits Location A flag and flagpole may be placed in the front and/or rear yard of the lot. No flags shall be placed in the right-of-way or medians. Flags in residential zoning districts may be placed in ground or attached to the primary structure Flags shall not be attached to fences No flag shall encroach over or onto any public right-of-way Maximum Height (from ground level) Residential = 35 feet Commercial less than 4 stories = 50 feet Commercial 4 stories or greater = 75 feet Maximum Flag Area Residential = 35 square feet Commercial = 70 square feet Flagpole Support Guy wires or similar support features are prohibited Maximum Number of Flagpoles Residential = 1 Commercial = 4; however, no more than 1 corporate identity flag may be flown on any property 34 Page 2 Permit/Application Flagpoles 20 feet in height or less—Not Required Flagpoles over 20 feet in height—Required Fee Flagpoles 20 feet in height or less—No Flagpoles over 20 feet in height—Yes Installation Flagpoles over 20 feet in height—Requires a professional contractor to install SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 21 ST DAY OF JANUARY, 2025. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 35 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: January 21, 2025 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 36 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: January 21, 2025 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 37