HomeMy WebLinkAbout2025 0204Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: Tina Stewart
Submitting Department: Parks & Recreation
Item Type: Presentation
Agenda Section:
Subject:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Hancock)
Suggested Action:
Attachments:
Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Discussion
Agenda Section:
Subject:
Receive a presentation, discuss and provide direction to staff regarding reducing the Speed Limit on FM 423
(from Lake Highlands Dr. to the Northern city limits) from 55 mph to 45 mph in both directions. (Hartline)
Suggested Action:
Attachments:
Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 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:
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 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 21, 2025. (Stewart)
Suggested Action:
Attachments:
January 21, 2025 DRAFT Minutes.docx
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 21, 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 21
st 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
Present
And with 7 councilmembers present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor Boyer called the meeting to order at 6:30 p.m.
1.2 Invocation
Pastor Taylor Smith from First United Methodist Church delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
1.5.1 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
Library Director, Megan Charters, provided upcoming events and activities to the
Council.
Mayor Boyer, provided a brief update concerning power outages in the community.
2.0 CITIZEN INPUT
James Lockridge, 11771 Mira Lago, Farmers Branch, spoke concerning
Agriculture.
City Council – Regular Meeting Agenda
January 21, 2025
Page| 2
3.0 WORK SESSION
3.1 Council to provide direction to staff regarding future agenda items.
None
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 January 7, 2025.
4.2 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)
ORDINANCE NO. 2025-2590
5.0 REGULAR AGENDA ITEMS
5.1 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)
Director of Planning, Isaac Williams, provided a brief overview on the item.
The public hearing was opened at 6:55 p.m. There being no speakers the public
hearing remained opened and continued to the February 4, 2025 meeting.
Motion to continue public hearing and action to February 4, 2025- Schrag; second by
Ensweiler, motion carried with all ayes.
5.2 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)
City Council – Regular Meeting Agenda
January 21, 2025
Page| 3
Customer Services Director, Molly Owcar, presented the proposed resolution
Council.
Council provided discussion on the item.
Motion to approve- Ensweiler; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2025-012
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. (Perez)
Deputy City Manager, Joe Perez, presented the proposed ordinance to Council.
Council provided discussion on the item.
Motion to approve- Marks. The motion did not receive a second and failed.
Executive Session was convened at 7:22 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 7:37 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding purchase, exchange, lease
or value of real property and commercial or financial information the city has
received from a business prospect(s), and the offer of a financial or other incentive
to a business prospect(s).
No Action
ADJOURNMENT
With there being no further business to discuss, the meeting adjourned at 7:38 p.m.
APPROVED:
__________________________________
City Council – Regular Meeting Agenda
January 21, 2025
Page| 4
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: Tina Stewart
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing continued participation with the Steering Committee of Cities
served by Oncor. (Miller/L. Williams)
Suggested Action:
Attachments:
Res. 2025-xxx 2025 OCSC Assessment.docx
7990690
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2025 - _______
A RESOLUTION AUTHORIZING CONTINUED
PARTICIPATION WITH THE STEERING COMMITTEE OF
CITIES SERVED BY ONCOR; AND AUTHORIZING THE
PAYMENT OF ELEVEN CENTS PER CAPITA TO THE
STEERING COMMITTEE TO FUND REGULATORY AND
LEGAL PROCEEDINGS AND ACTIVITIES RELATED TO
ONCOR ELECTRIC DELIVERY COMPANY, LLC.
WHEREAS,the City of The Colony is a regulatory authority under the Public Utility Regulatory
Act (PURA) and has exclusive original jurisdiction over the rates and services of
Oncor Electric Delivery Company, LLC (Oncor) within the municipal boundaries
of the city; and
WHEREAS, the Steering Committee of Cities Served By Oncor (Steering Committee) has
historically intervened in Oncor rate proceedings and electric utility related
rulemakings to protect the interests of municipalities and electric customers
residing within municipal boundaries; and
WHEREAS, the Steering Committee is participating in Public Utility Commission dockets and
projects, as well as court proceedings, and legislative activity, affecting
transmission and distribution utility rates; and
WHEREAS, the City is a member of the Steering Committee; and
WHEREAS, the Steering Committee functions under the direction of an Executive Committee
which sets an annual budget and directs interventions before state and federal
agencies, courts and legislatures, subject to the right of any member to request and
cause its party status to be withdrawn from such activities; and
WHEREAS, the Steering Committee at its December 2024 meeting set a budget for 2025 that
compels an assessment of eleven cents ($0.11) per capita; and
WHEREAS, in order for the Steering Committee to continue its participation in these activities
which affects the provision of electric utility service and the rates to be charged, it
must assess its members for such costs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
I.
That the City is authorized to continue its membership with the Steering Committee of
Cities Served by Oncor to protect the interests of the City of The Colony and protect the interests
of the customers of Oncor Electric Delivery Company, LLC residing and conducting business
within the City limits.
7990690 2
II.
The City is further authorized to pay its assessment to the Steering Committee of eleven
cents ($0.11) per capita based on the population figures for the City shown in the latest TML
Directory of City Officials.
III.
A copy of this Resolution and the assessment payment check made payable to “Steering
Committee of Cities Served by Oncor, c/o City of Arlington”shall be sent to Brandi Stigler,
Steering Committee of Cities Served by Oncor, Mail Stop 63-0300, PO Box 90231, Arlington,
Texas 76004.
PRESENTED AND PASSED ON THIS 4TH DAY OF FEBRUARY 2025, BY A
VOTE OF ______ AYES AND ______ NAYS AT A REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF THE COLONY, TEXAS.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
__________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
______________________________
Jeffrey L. Moore, City Attorney
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: Phillip Foxall
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to apply for the Rifle-Resistant Body Armor Grant
Program, FY2026 - Project through the Office of The Texas Governor in the amount of $95,000. (Foxall)
Suggested Action:
If approved, this grant would be used to purchase rifle resistant plates that will replace rifle plates that are either
expired, or near end of life. This resolution will allow us to apply for the grant.
This grant does not require any matching funds and is for the 2026 fiscal year.
Attachments:
Res. 2025-xxx Rifle-Resistant Body Armor Grant Program.doc
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2025 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO APPY FOR THE RIFLE-RESISTANT BODY ARMOR GRANT
PROGRAM FY2025-2026 PROJECT; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, The City of The Colony finds it in the best interest of the citizens of
The Colony, (Geographic Area) that the Rifle-Resistant Body Armor Grant Program, be
operated for the 2025-2026 fiscal year; and
WHEREAS, The City of The Colony agrees that in the event of loss or misuse of
the Office of the Governor funds, The City of The Colony assures that the funds will be
returned to the Office of the Governor in full.
WHEREAS, The City of The Colony designates Katelyn Wight as the grantee’s
authorized official. The authorized official is given the power to apply for, accept, reject,
alter or terminate the grant on behalf of the applicant agency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1.That The City of The Colony approves submission of the grant
application for the Rifle-Resistant Body Armor Grant Program, FY2026 to the Office of
the Governor in the amount of $95,000.
Section 2.That the City Manager is authorized to issue appropriate purchase
order(s).
Section 3.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 4
TH DAY OF FEBRUARY 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
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: James Whitt
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to CAN-EX
Technologies in the amount of $54,350.00 for an alternative purchase of one ZIPCAM 360 camera crawler
system. (Whitt)
Suggested Action:
This item was initially budgeted at $207,000. Since that time, the department has found new technology that will
not only allow better operationally and with lowered maintenance costs but was also half the price of the initial
system budgeted. This took the anticipated costs down to $100k. In the ensuing discussions that took place
internally over the quantity of cameras to purchase, the company released an operating version of its own for
their system. This resulted in an even lower price as they no longer had to work with a third-party operating
system. This takes the replacement of the old equipment from 207k to $54,350.00 .
Attachments:
Sewer Camera Brochure and Quote.pdf
Sewer Camera.doc
Res. 2025-xxx CAN-EX Technologies Purchase Order.docx
City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756
www.TheColonyTX.gov
From:James Whitt, Department of Public Works
Sent:January 27, 2025
Subject: Sewer crawler camera
During last year’s budget process we requested and received approval to purchase a new
sanitary sewer crawler camera system to inspect sanitary sewer lines for the Waste Water
Department, this purchase was for a direct replacement for an existing camera system in use by
the Waste Water Department.
Between the time when we requested this and the new budget was approved a new camera
system entered the market. This new camera system appeared to be more robust, less costly to
maintain, and could be repaired in-house due to an off the shelf camera option. We have been
evaluating this system and decided the Zipcam camera system would be a better option than a
traditional camera. We have checked with several other cities that use this system and each city
had nothing but good things to report.
Traditional camera systems work fairly well, however, one issue is that the camera system is
proprietary to each manufacture, these cameras are mounted on a three axis swiveling head so
the camera can be turned to look up and into sanitary sewer connections for inspection. While
running down a sewer main the operator would stop the crawler and rotate the camera to the
side and up to view each service connection, at each point where the camera can rotate there is
an O-ring that seals that joint, these O-rings are prone leak which allows waste water inside and
damages the camera. When the camera is damaged, it must be sent back to the manufacture
for repairs, these repairs are timely and not cheap.
This new camera system has several benefits over traditional cameras but the most impressive
is the actually camera itself, the new system uses a Go-Pro camera which has a 360 degree
City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756
www.TheColonyTX.gov
field of view, there is no longer a need to stop the crawler and rotate the camera to inspect a
service, the Go-Pro films continuously in 4k resolution at 360 degrees around the camera head.
Go-Pro cameras have survived being submerged in over 200 feet of water, can withstand
temperatures in excess of -13˚F to +185˚F and have been to space on rockets and are used on
the Space Station, they are incredibly durable. This system eliminates the three axis system
which eliminates the problem of leaking, the most common source of damage, If the Go-Pro
becomes damaged a new one can be purchased for around $400 instead of several thousand
for manufacture repairs.
Also, traditional cameras need computers to view the footage typically a van, computer etc.
These items were included in the original request, the Zipcam camera will Bluetooth to any
phone or tablet thereby elimination the need for support equipment. While this system is simpler
and easier to use there is no reduction in manpower, the old system as well as this one takes an
employee to operate the crawler, one to feed the support cables and one to monitor the water
pressure for the jetted hose that sprays out of the back of the unit cleaning the pipes.
While we were in the process of requesting the purchase of this new system a few weeks ago,
the manufacture delivered a new product to the market with their own software reducing the
cost from $100K to $50K. We were only made aware of this on January 20th, after this we
requested new quotes, specifications, and literature. We have updated the pricing to reflect this
new model.
This request also includes Analysis software, when the camera initially films it films two views,
one forward and one rearward, once loaded to the cloud the software will stitch the images
together for a continuous 360 degree rotational view, similar to the street view image on Google
Earth. Unlike traditional camera footage that is forward facing only except where it was stopped
and rotated, Zipcam provides a 360 degree view for the entire length of the recording at any
point.
City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756
www.TheColonyTX.gov
Original requested camera system, with proprietary camera system
Proposed ZipCam 360, with 360 degree Go-Pro camera
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2025 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO CAN-EX
TECHNOLOGIES FOR AN ALTERNATIVE PURCHASE OF ONE ZIPCAM 360
CAMERA CRAWLER SYSTEM; AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to CAN-EX TECHNOLOGIES in the amount of $54,350.00 for
an alternative purchase of one zip-cam 360 camera crawler system.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.This resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 4TH DAY OF FEBRUARY 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
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
[CONTINUED FROM JANUARY 21, 2025] 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 and is located at the southeast intersection of Standridge Drive and
Memorial Drive within the Business Park (BP) zoning district. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendation.
Attachments:
PD24-0003-Gateway Centre North-CC staff report draft.doc
PD24-0003 -Gateway Centre North PD- Final Exhibits.pdf
Ord. 2025-XXXX PD24-0003 Gateway Centre North.docx
1
CITY COUNCIL REPORT
AGENDA DATE:February 4, 2025
DEPARTMENT:Planning and Development Department
SUBJECT: PD24-0003 – Gateway Centre North Planned Development 30 (PD-30)
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 and is located at the southeast intersection of Standridge
Drive and Memorial Drive within the Business Park (BP) zoning district.
OWNER/APPLICANT
Owner: Addison Wilson Dallas, TX
Standridge 121 LTD
Applicant: Dayton Macatee Dallas, TX
Macatee Engineering LLC
EXISTING CONDITION OF PROPERTY
The subject site is currently undeveloped.
ADJACENT ZONING AND LAND USE
North - Planned Development PD-19 – Mixed Commercial
South - Business Park (BP) – Mixed Commercial
East - Business Park (BP) - Mixed Commercial
West -The City of Lewisville
PROPOSED DEVELOPMENT
The applicant is proposing a planned development “Gateway Centre North”, which permits mixed
commercial uses “by-right”, but also establishes development standards and a concept plan for the
6.5 acre site previously permitting Business Park (BP) uses. The proposed planned development
is divided into Tracts “A” (2.89 acres) and “B” (3.62 acres) with land uses permitted within the
Light Commercial (LC) Zoning District.
PRIOR ACTION
- On January 14, 2025 the Planning and Zoning Commission voted (7-0) to postpone
consideration of this item until the January 28, 2025 Planning and Zoning Commission meeting
and directed the applicant to propose a condensed list of uses necessary for the development of
the Planned Development and include uses that could require a SUP
- On January 28, 2025 the Planning and Zoning Commission voted (6-0) to approve this item.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) has no objection to the proposed Planned
Development-30, establishing a concept plan and development standards to support a mixed
commercial development.
2
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Planned Development Concept Plan
4. Draft Ordinance
ATTACHMENT 1
Staff Analysis
Land Use Analysis
The applicants request establishes zoning, a concept plan, and development standards for Planned
Development-30 (PD30), which encompasses approximately 6.51 acres designated for mixed
commercial use. The existing Business Park (BP) zoning district regulations conflict with the
development intents of the developer. While the developer plans to establish sites generally
aligned with the Gateway Overlay District’s standards, there are inconsistencies between the BP
District and the Gateway Overlay District requirements. These inconsistencies necessitate a level
of flexibility that can be effectively addressed through a Planned Development. The proposed
underlying zoning for the site will be Light Commercial (LC), which accommodates a range of
land uses consistent with the developer’s intent for the site.
Elevations
Proposed building elevations for future developments shall conform with the Light Commercial
District maximum height requirement (6 stories) as stated on the concept plan. The use of
overhead doors are permitted in Tract A, provided they are required as an integral part of business
operations as stated in the development regulations. The concept plan reflects an intent to have
these elements be constructed of materials that are architecturally congruent with the remainder of
the building and be screened with enhanced landscaping. This is reflected on the development
plans of a luxury automotive repair facility that requests to establish a site within Tract A of the
Planned Development.
Circulation and Parking
The concept plan includes a layout of parking, circulation and pedestrian access. The site will be
accessed through two driveways, one existing driveway from Market Street and another proposed
driveway from Memorial Drive. The site will provide site to site connection from Tract A to Tract
B and to surrounding establishments through cross access located on the north, east and south
sides of the site. The development regulations provide relief from the requirement of pedestrian
pathways between buildings as the site does not anticipate the need for pedestrian connectivity.
Future developments consistent with the LC district such as a proposed luxury automotive repair
facility are not typically expected to be accessed by pedestrians. However, pedestrians will have
access to the site from the existing sidewalk along Standridge Drive and proposed sidewalks
along Memorial Drive and Market Street.
Landscaping
The conceptual landscape plan reflects buffering and tree cover throughout the perimeter and
landscape area. Concepts reflect planting of canopy trees, small ornamental trees, shrubs, and
3
ground cover throughout the development site. The site will provide a total of thirty-five (35)
landscape amenity points between Tract A and Tract B, consistent with Gateway requirements.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) has no objection to the proposed Planned
Development-30, establishing a concept plan and development standards to support a mixed
commercial development.
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3716
3905
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4001
4025
4049
4101
4105
PD
BP
This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness or accuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No: PD 24-0003 - Gateway Centre North
SubjectArea
PD24-0003 Business Park Planned Developm ent 19
Page 7
EXHIBIT “B”
DEVELOPMENT REGULATIONS
GENERAL:
The property described in Exhibit “A” shall be subject to the Planned Development 30 regulations
as stated in this Exhibit “B” and reflected on Exhibit “C”. The site layout representations in Exhibit
“C” are conceptual; minor aspects of Exhibit “C” may be subject to change during the site plan
review process. Major or substantial changes may require Concept Plan amendment. A site plan
review shall be in accordance with Section 10, Section 13, Section 17, Section 21 and Section 24
of the Code of Ordinances. In conditions where the PD is silent the Gateway Overlay District
standards shall be considered.
The regulations described herein apply to the entirely of property described in Exhibit “A”. The
base zoning district for this property shall be Light Commercial (LC). This property also lies
within the Gateway Overlay District. The uses and regulations for the property described shall
conform to the LC and Gateway Overlay requirements except as modified by the following
paragraphs and described above.
For determining applicability of ordinance requirements, the development size shall be the area of
the individual platted lot being permitted net of mutual (public) access easements.
ARCHITECTURAL:
1. Overhead Doors: In Tract A, overhead doors are allowed along the front façade or facing
a public right-of-way provided they are required as an integral part of normal business
operations.
2. Conformance & Screening: These elements shall be constructed of materials that are
architecturally congruous with the remainder of the building and shall be screened from
abutting streets with enhanced landscaping.
LANDSCAPING:
1. The landscape buffer between adjacent properties shall be five feet.
2. Public amenities may be located within the required landscape buffer.
3. Points of entry do not require features that distinguish the property from others.
4. Sidewalks may encroach into the landscape buffer along public rights-of-way. The width
of the encroachment will not necessitate the provision for additional buffer width beyond
the required fifteen-foot landscape buffer.
Amenity points will be required for each tract shown on Exhibit “C” as follows:
Tract A (2.89 acres): 15 amenity points
Tract B (3.62 acres): 20 amenity points
Page 8
SIGNS:
Each building in the PD is allowed to have one monument sign plus building signage. Size,
location and materials shall be in conformance with the city’s sign ordinance.
SIDEWALKS AND TRAILS:
The landscaping standards of Section 10A – Gateway Overlay District shall govern with the
following exceptions:
1. Pedestrian pathways between buildings are not required.
2. Bike racks are not required for businesses that are not typically accessed by cyclists and
pedestrians.
PARKING AND CIRCULATION:
1. Parking Requirements: Tract A shall provide a minimum of 25 parking spaces and is
subject to the following parking requirements:
1.25 spaces per service bay + 1 space per employee
2. Parking Lot Fencing: Tract A will install a six-foot (6’) black wrought iron fence to secure
the enclosed parking area.
FUTURE DEVELOPMENT:
The future development and construction of the 10,000 sq. ft. building shown on Tract A will
require a Site Plan Amendment (SPA) application prior to construction. The need for a Site Plan
rather than a SPA will be determined based on the scope of work being done and proposed
alterations to the site.
The future development of the buildings shown on Tract B will require a Site Plan application
prior to construction.
Page 9
EXHIBIT “C”
CONCEPT PLAN
10,000 sf
Building
MEMORIAL DRIVE
(100' ROW)
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15,000 sf
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10,000 sf
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15' LANDSCAPE BUFFER
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EXHIBIT “D”
CONCEPTUAL LANDSCAPE PLAN
10,000 sf
Building
MEMORIAL DRIVE
(100' ROW)
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23,084 sf
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EXHIBIT “E”
PROPERTY EXHIBIT
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Page 1
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2025-
GATEWAY CENTRE NORTH PLANNED DEVELOPMENT NO. 30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDINGTHECODEOFORDINANCES,APPENDIX
A, COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF THE COLONY, TEXAS, ON AN APPROXIMATELY 6.5-ACRE TRACT
OF LAND AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
WHICHISATTACHEDHERETOANDINCORPORATED HERE FOR ALL
PURPOSED, BY CHANGING THE ZONING ON SAID TRACT FROM
BUSINESS PARK (BP) TO PLANNED DEVELOPMENT 30 (PD-30) TO BE
KNOWN AS GATEWAY CENTRE NORTH PLANNED DEVELOPMENT
DISTRICT; ESTABLISHING A MIXED COMMERCIAL DEVELOPMENT
PLAN AND DEVELOPMENT STANDARDS;PROVIDINGA PENALTY OF
A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR
EACH AND EVERYOFFENSE;PROVIDINGASEVERABILITYCLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN
EFFECTIVEDATE.
WHEREAS, after public notice and public hearing as required by law, the Planning and
Zoning CommissionfortheCityofTheColony,Texas,hasrecommendedthattheofficialzoningmap
of the City of The Colony, Texas, be amended to reflect that the zoning on an approximate 6.5-acre
tract of landsituatedalongthe southsideofMemorial DriveandlyingbetweenStandridgeDriveand
Market Street, and more particularly described in Exhibit A of this Ordinance, which is attached
hereto and is incorporated herein for all purposes, establishing a Mixed commercial development plan
and development standards in accordance with this Planned Development 30 (PD-30) Ordinance;and
WHEREAS,the Planning and Zoning Commission of the City of The Colony, Texas, and
the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas,
have given the requisite notices by publication and otherwise, and have held due hearings and afforded
a fullandfairhearingtoallpropertyownersgenerallyandtoallpersonsinterested,andtheCityCouncil
of theCityof The Colony, Texas,is of theopinion and findsthat said changesshould be granted and
that the Comprehensive Zoning Ordinance should beamended.
WHEREAS, this change of zoning is in accordance with the adopted Comprehensive Plan
of the City of The Colony, as amended;
NOW,THEREFORE,BE ITORDAINEDBY THECITY COUNCILOFTHECITY
OFTHE COLONY, TEXAS:
SECTION 1. FINDINGS INCORPORATED
That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.
Page 2
SECTION 2. REZONE OF PROPERTY
That the Comprehensive Zoning Ordinance and Map of the City of The Colony, Texas, duly passed by the
governing body of the City of The Colony, Texas, as heretofore amended, be and the same is hereby
amended to grant a change in zoning on an approximately 6.5-acre tract of land situated along the south side
of Memorial Drive and lying between Standridge Drive and Market Street, and more particularly described
in Exhibit A of this Ordinance, which is attached hereto and isincorporatedhereinforallpurposes,bechanged
fromBusinessPark(BP)toPlannedDevelopment 30 (PD-30) establishing a mixed commercial development
plan and development standards, in accordance with this Planned Development 30 (PD-30) Ordinance.
SECTION 3. ENROLLMENT OF ORDINANCE
The City Secretary is directed to engross and enroll this Ordinance in the Code of Ordinances of
the City of The Colony and to reflect this change of zoning on the official zoning map of the City
of The Colony, Texas.
SECTION 4. PENALTY CLAUSE
Any person, firm, or corporation violating any of the provisions or terms of this Ordinance shall
be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed $2,000.00 for
each offense, and each and every violation or day such violation shall continue or exist, shall be
deemed a separate offense.
SECTION 5. SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation of this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6. EFFECTIVE DATE
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 4TH DAY OF FEBRUARY 2025.
APPROVED:
Richard Boyer, Mayor
City of The Colony, Texas
Page 3
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
Page 4
EXHIBIT “A”
LEGAL
DESCRIPTION
Being a portion of that certain 13.41 acres tract of land located in the Amos Singleton Survey,
Abstract No. 1138, The Colony, Denton County, Texas, as described in a Special Warranty
Deed with Vendor’s Lien to Standridge 121, Ltd., recorded in Document Number 2016-
121810, Deed Records, Denton County, Texas, and being more particularly described as
follows:
BEGINNINGatapointforthenorthwestcornerofLot2R,BlockA,ofTheCentreatTheColony,
an Addition to the City of The Colony, as recorded in Document Number 2017-238, Plat
Records, Denton County, Texas (P.R.D.C.T.), said corner being in the west line of said
Standridge121 tract, said line being in the east line of Standridge Drive (a variable widthright-
of-way);
THENCE North 00 degrees 29 minutes 31 seconds West, along the common line between said
Standridge Drive and said Standridge 121 tract, a distance of 226.52 feet to a point for the
beginning of a corner clip;
THENCE North 44 degrees 40 minutes 40 seconds East, along the common line between said
Standridge Drive and said Standridge 121 tract, and along said corner clip, a distance of 24.84
feet to a point for the end of said corner clip, said corner being in the south line of Memorial
Drive (a 100-foot right-of-way);
THENCE North 89 degrees 50 minutes 51 seconds East, departing said corner clip, along the
common line between said Memorial Drive and said Standridge 121 tract, a distance of 976.66
feet to the point of curvature of a circular curve to the left;
THENCE Northeasterly, along the common line between said Memorial Drive and said
Standridge 121 tract, and said circular curve to the left having a radius of 985.00 feet, an arc
distance of 74.75 feet, a central angle of 04 degrees 20 minutes 52 seconds and a chord which
bearsNorth87degrees 04 minutes 25 seconds East a distance of 74.73 feet to the point of reverse
curvature of a circular curve to the right, said point being the intersection between the south line
of Memorial Drive and the southwest line of Market Street (a 60 foot right-of-way);
THENCE Southeasterly, along the common line between said Standridge 121 tract and the
southwesterly line of said Market Street, and along said circular curve to the right having aradius
of110.00feet,anarcdistanceof152.51feet,acentralangleof79degrees26minutes26seconds
and a chord which bears South 54 degrees 46 minutes 48 seconds East, a distance of 140.59 feet
to a point for the point of reverse curvature of a circular tangent curve to theleft;
THENCE Southeasterly, along the common line between said Market Street and said Standridge
121 tract, and along said circular curve to the left, an arc distance of 111.40 feet to the point of
Page 5
reverse curvature of a circular curve to the left, having a central angle of 06 degrees 11 minutes
49 seconds, a radius of 1030.00 feet, and a chord bearing and distance of South 18 degrees 09
minutes 30 seconds East, 111.35 feet to point for a corner;
THENCE departing said Southwest line of Market Street, along the common line of said
Standridge121tractandLot1,BlockAofGatewayCentre,anAdditiontotheCityofTheColony,
Denton County, Texas, according to the plat thereof recorded in Document Number 2017-369,
Plat Records, Denton County, Texas or the following courses and distances:
South 68 degrees 45 minutes 08 minutes West, a distance of 64.88 feet to the point of
curvature of a circular curve to the right;
In a westerly direction, along said tangent curve to the right, having a central angle of 17
degrees 23 minutes 31 seconds, a radius of 100.00 feet, and a chord that bears South 77
degrees 26 minutes 53 seconds West a distance of 30.24 feet and an arc length of 30.35 feet
to thepoint of tangency;
South 86 degrees 08 minutes 39 seconds West, a distance of 22.44 feet to the point of
curvature of a circular curve to the left;
In a southwesterly direction, along a tangent curve to the left, having a central angle of 22
degrees 58 minutes 01 seconds, a radius of 162.00 feet, and a chord that bears South 74
degrees 39 minutes 38 seconds West a distance of 64.50 feet and an arc length of 64.94 feet
to thepoint of tangency;
South 63 degrees 10 minutes 38 seconds West, a distance of 11.83 feet to a point for a
corner;
THENCE departing said the common line of said Standridge 121 tract and said Lot 1, Block A
along the common line of said Standridge 121 tract and Lot 2, Block A of Gateway Centre, an
AdditiontotheCityofTheColony,DentonCounty,Texas,accordingtotheplatthereofrecorded
in Document Number 2019-376, Plat Records, Denton County, Texas or the following courses
and distances:
North 29 degrees 12 minutes 23 minutes West, a distance of 18.73 feet to the point of
curvature of a circular curve to the left;
In a northwesterly direction, along said tangent curve to the left, having a central angle of
60 degrees 55 minutes 07 seconds, a radius of 40.00 feet, and a chord that bears North 59
degrees 39 minutes 57 seconds West, a distance of 40.55 feet and an arc length of 42.53 feet
to the point tangency;
South 89 degrees 52 minutes 30 seconds West, a distance of 209.42 feet to the point of
curvature of a circular curve to the left;
In a southwesterly direction, along a tangent curve to the left, having a central angle of 29
Page 6
degrees04minutes52seconds,aradiusof40.00feet,andachordthatbearsSouth75degrees
20 minutes 04 seconds West a distance of 20.09 feet and an arc length of 20.30 feet to the
point of tangency;
South 60 degrees 47 minutes 38 seconds West, a distance of 69.91 feet to the point of
curvature of a circular curve to the left;
In a southwesterly direction, along a tangent curve to the left, having a central angle of 60
degrees37minutes08seconds,aradiusof38.00feet,andachordthatbearsSouth30degrees
29 minutes 04 seconds West a distance of 38.35 feet and an arc length of 40.20 feet to the
point of reverse curvature of a circular curve to the right;
In a southwesterly direction, along a reverse curve to the right, having a central angle of 32
degrees42minutes36seconds,aradiusof40.00feet,andachordthatbearsSouth16degrees
31 minutes 48 seconds West a distance of 22.53 feet and an arc length of 22.84 feet to the
point of tangency;
South 32 degrees 53 minutes 06 seconds West, a distance of 32.07 feet to a point for a
corner;
THENCE departing said the common line of said Standridge 121 tract and said Lot 2, Block A
along the common line of said Standridge 121 tract and Lot 3, Block A of Gateway Centre, an
AdditiontotheCityofTheColony,DentonCounty,Texas,accordingtotheplatthereofrecorded
in Document Number 2019-376, Plat Records, Denton County, Texas or the following courses
and distances:
In a northwesterly direction, along a non-tangent circular curve to the left, having a central
angle of 33 degrees 01 minutes 02 seconds, a radius of 100.00 feet, and a chord that bears
North 73 degrees 37 minutes 25 seconds West a distance of 56.83 feet and an arc length of
57.63 feet to the point of tangency;
South 89 degrees 52 minutes 05 seconds West, a distance of 102.18 feet to a point for a
corner;
THENCE North 00 degrees 07 minutes 30 seconds West, departing said the common line of
said Standridge 121 tract and said Lot 3, Block A, and continuing along the common line of said
Standridge 121 tract and Lot 1R, Block A of said The Centre at The Colony a distance of 60.78
feet to a point for a corner;
THENCE South 89 degrees 52 minutes 27 seconds West, along the common line of said
Standridge 121 tract and Lot 1R, Block A of said The Centre at the Colony a distance of 243.06
feet to a point for corner, said point being the northwest corner of said Lot 1R, same being the
northeast corner of said Lot 2R;
THENCE South 89 degrees 52 minutes 27 seconds West, continuing along the south line of said
Page 7
Standridge 121 tract, same being the north line of Lot 2R, Block A of said The Centre at the
Colony, for a distance of 254.08 feet to the POINT OF BEGINNING containing 283,392 square
feet or 6.51 acres of land, more or less.
Page 8
EXHIBIT “B”
DEVELOPMENT REGULATIONS
GENERAL:
The property described in Exhibit “A” shall be subject to the Planned Development 30
regulations as stated in this Exhibit “B” and reflected on Exhibit “C”. The site layout
representations in Exhibit “C” are conceptual; minor aspects of Exhibit “C” may be subject to
change during the site plan review process. Major or substantial changes may require Concept
Plan amendment. A site plan review shall be in accordance with Section 10, Section 13, Section
17, Section 21 and Section 24 of the Code of Ordinances. In conditions where the PD is silent
the Gateway Overlay District standards shall be considered.
The regulations described herein apply to the entirely of property described in Exhibit “A”. The
base zoning district for this property shall be Light Commercial (LC). This property also lies
within the Gateway Overlay District. The uses and regulations for the property described shall
conform to the LC and Gateway Overlay requirements except as modified by the following
paragraphs and described above.
For determining applicability of ordinance requirements, the development size shall be the area
of the individual platted lot being permitted net of mutual (public) accesseasements.
ARCHITECTURAL:
1.Overhead Doors: In Tract A, overhead doors are allowed along the front façade or facing
a public right-of-way provided they are required as an integral part of normal business
operations.
2.Conformance & Screening: These elements shall be constructed of materials that are
architecturally congruous with the remainder of the building and shall be screened from
abutting streets with enhanced landscaping.
LANDSCAPING:
1.The landscape buffer between adjacent properties shall be five feet.
2.Public amenities may be located within the required landscape buffer.
3.Points of entry do not require features that distinguish the property fromothers.
4.Sidewalks may encroach into the landscape buffer along public rights-of-way. The width
of the encroachment will not necessitate the provision for additional buffer width beyond
the required fifteen-foot landscape buffer.
Amenity points will be required for each tract shown on Exhibit “C” as
follows: Tract A (2.89 acres): 15 amenity points
Tract B (3.62 acres): 20 amenitypoints
Page 9
SIGNS:
Each building in the PD is allowed to have one monument sign plus building signage. Size,
location and materials shall be in conformance with the city’s sign ordinance.
SIDEWALKS AND TRAILS:
The landscaping standards of Section 10A – Gateway Overlay District shall govern with the
following exceptions:
1.Pedestrian pathways between buildings are not required.
2.Bike racks are not required for businesses that are not typically accessed by cyclists
and pedestrians.
PARKING AND CIRCULATION:
1.Parking Requirements: Tract A shall provide a minimum of 25 parking spaces and is
subject to the following parking requirements:
1.25 spaces per service bay + 1 space per employee
2.Parking Lot Fencing: TractA will install a six-foot (6’)black wrought iron fence to
secure the enclosed parking area.
USE OF LAND AND BUILDINGS:
A.All uses of land and buildings permitted within the Light Commercial district are allowed
with the exception of the following.
#148 Auto sales and service (outside display)
#146 Auto parts and accessory sales (outside display)
#50 Bar, lounge or tavern
#192 Boat sales and service (outside display)
#194 Boat painting or body rebuilding shop (inside)
#196 Boat parts and accessory sales (outside display)
#135 Bus station and terminal
#178 Contractor or maintenance yard
#(51) Eating place w/drive-inservice
#52 Eating place w/drive-thru service
#53 Eating place w/beer, wine/liquor
#54 Eating place w/dancing or entertainment
#17 Electric substation
#70 Farm or ranch
#34 Foster home
#137 Helicopter base
Page
10
#138 Heliport
Page
11
#139 Helistop
#92 Laundry or dry cleaning, commercial
#42 Library, art gallery/museum
#168 Light fabrication and assembly processes
#169 Lumber yard
#155 Machinery sales and service
#156 Machine or welding shop
#170 Monument sales yard
#62 Mortuary or funeral home
#186 Motor scooter or motorcycle sales and service (inside)
#187 Motor scooter or motorcycle sales and service (outside)
#43 Nursing home/convalescent home
#16 Outside sales
#157 Parking, commercial lot/garage
#129 Park or playground, public
#196 Plumbing, electrical, A/C, heating shops (outside storage)
#130 Recreation club or area, private
#131 Rodeo
#180 Stone, sand/gravel extraction
#172 Storage, open (no visual screen)
#12 Swimming pool, private
#24 Telephone exchange/switching/transmitting equipment
#121 Tool and equipment rental (with outside display)
#132 Theater, drive-in type
#19 Utilities, local
#25 Utilities, (public/private) government installation
#26 Water resources, well or pumping station
B.The following use is allowed by right:
Service station (motor vehicle fuel) with food storeretail
Definition: Facility for furnishing gasoline and/or lubricating oils and/or materials for
used in motor vehicles. An establishment where diversified foods and
associated items are kept and displayed for retail sales.
FUTURE DEVELOPMENT:
The future development and construction of the 10,000 sq. ft. building shown on Tract A will
require a Site Plan Amendment (SPA) application prior to construction. The need for a Site Plan
rather than a SPA will be determined based on the scope of work being done and proposed
alterations to the site.
The future development of the buildings shown on Tract B will require a Site Plan application
prior to construction.
Page 10
EXHIBIT “C”
CONCEPT PLAN
15' LANDSCAPE BUFFER 15' LANDSCAPE BUFFER
23,084
sf
10,000 sf
Building
10,000 sf
Building
Building
MEMORIAL DRIVE
(100' ROW)
15,000 sf
Building
STANDRIDGE DRIVE
(VARIABLE WIDTH ROW)
15' LANDSCAPE BUFFER
EXHIBIT “D”
CONCEPTUAL LANDSCAPE PLAN
Page 11
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Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance request for the approval of a Specific Use Permit
Amendment (SUPA) to SUP Ordinance No. 2021-2428, to allow for the existing tattoo parlor operations and
proposed body art studio of “The Gallery TCTX” to be relocated from 4819 State Highway 121 Office “G” and
“H” to 4819 State Highway Office 121 Suite 11 containing approximately 1,564 square feet. (Williams)
Suggested Action:
The subject site is located within the Planned Development – 11 (PD-11) Zoning District and Gateway Overlay
District. (Williams)
Please the the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
SUPA24-0001 CC Staff Report La Gallery TCTX draft.doc
SUPA24-0001 - Final exhibits.pdf
Ord. 2025-XXXX 4819 State Highway 121-Suite 11.docx
1
CITY COUNCIL REPORT
AGENDA DATE:February 4, 2025
DEPARTMENT:Planning and Development Department
SUBJECT:SUPA24-0001 – SUP Amendment 4819 State Highway 121 Suite 11 – Tattoo
Parlor and Body Art Studio
Conduct a public hearing, discuss and consider an ordinance request the approval of a Specific
Use Permit Amendment (SUPA) to SUP Ordinance No. 2021-2428 to allow for the existing tattoo
parlor operations and proposed body art studio of “The Gallery TCTX” to be relocated from 4819
State Highway 121 Office “G” and “H” to 4819 State Highway Office 121 Suite 11 containing
approximately 1,564 square feet. The subject site is located within the Planned Development – 11
(PD-11) Zoning District and Gateway Overlay District.
OWNER/ENGINEER
Owner:FKN Associates The Colony, Texas
Applicant:Gabriella Rodriguez Frisco, Texas
EXISTING CONDITION OF PROPERTY
The property is currently developed as the 121 Office Plaza located at 4819 State Highway 121.
On January 5, 2021 the City Council amended an existing tattoo parlor to Suites “G” and “H” of
4819 State Highway 121. The initial ordinance request for a tattoo parlor at 4819 State Highway
121, Suites “I” and “J” was approved by City Council on March 19, 2019.
PROPOSED DEVELOPMENT
The applicant requests a Specific Use Permit (SUP) for a tattoo parlor and body art studio within
4819 State Highway Office 121, Suite 11. The tattoo parlor and body art studio will contain
approximately 1,564 square feet of space. The proposed request will discontinue the operation of
a tattoo parlor at 4819 State Highway 121, Suites “G” and “H” of approximately 812 square feet.
The applicant intends to continue operating “La Gallery TCTX” Monday to Sunday from 11 a.m.
until 10 p.m.
The applicant is proposing to continue offering occasional art classes. Art classes will be a
secondary use without dedicated equipment, space or unique hours.
PRIOR ACTION
On January 28, 2025 the Planning and Zoning Commission recommended (6-0) to approve the
request regarding the Specific Use Permit (SUP) of a tattoo parlor and proposed body art studio
known as “The Gallery TCTX” at 4819 State Highway 121, Suite 11.
ADJACENT ZONING AND LAND USE
North - Planned Development 11 (PD-11) Zoning District
South - Planned Development 11 (PD-11) Zoning District
East - Planned Development 11 (PD-11) Zoning District
West - Planned Development 11 (PD-11) Zoning District
2
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Site Plan
4. Floor Plan
5. Body Art Menu
6. Narrative
ATTACHMENT 1
Staff Analysis
LAND USE ANALYSIS
The site resides in the Planned Development-11 (PD-11) Zoning District with underlying General
Retail (GR) zoning and the Gateway Overlay District. The Zoning Ordinance requires Specific
Use Permit (SUP) approval for tattoo parlor and body art studio uses in the General Retail (GR)
zoning district.
A Specific Use Permit approval is subject to the conditions thereof, and changes to those
conditions require rehearing by City Council. By amending the existing Specific Use Permit
(Ordinance No. 2021-2428), the applicant intends to relocate the suites and remove the pervious
tattoo parlor approval will be revoked. The proposed ordinance and amendment retains tattoo
parlor uses and adds body art studio as well as increases the operational square footage from 812
square feet to 1,564 square feet.
The City Council may approve an SUP for a tattoo parlor and body art studio meeting the
following location criteria:
• No tattoo parlor may be located within 1,000 feet of another tattoo parlor. For purposes of
this subsection, the 1,000-foot spacing requirement shall be measured from the leased or
owned occupied space of the tattoo parlor to the nearest leased or owned occupied space of
any other tattoo parlor 10-1370 (1) (b).
• No tattoo parlor may be located within 1,000 feet of a public, denominational and/or
charter school. For purposes of this subsection, the 1,000-foot spacing requirement shall be
measured from the leased or owned occupied space of the tattoo parlor to the nearest school
lot line 10-1370 (1) (a).
• No body art studio may be located within 1,000 feet of a public, denominational and/or
charter school. For purposes of this subsection, the 1,000-foot spacing requirement shall
be measured from the leased or owned occupied space of the body art studio to the
nearest school lot line. 10-1370 (2)(a).
• No body art studio may be located within 1,000 feet of another body art studio. For
purposes of this subsection, the 1,000-foot spacing requirement shall be measured from the
leased or owned occupied space of the body art studio to the leased or owned occupied
space of any other body art studio.
City records reflect no other tattoo or body art studio establishments within 1,000 feet of the
proposed location. Two other tattoo parlors are operating in the City: “Allegiance Tattoo” at
3
4716 E. Lake Highlands Dr. and “Cowboy Tattoo II” at 4181 Main Street, Suite 800. “Cowboy
Tattoo II” is the closest tattoo parlor and is approximately 2,750 feet from the subject site.
The amended suite location is not within 1,000 feet of a school location; however, the location is
approximately 785 linear feet from the Lewisville Independent School District (LISD) owned
property. The portion of the LISD property within the 1,000 feet of the amendment tattoo
location is within Planned Development 11 (PD-11); school uses within this district require a
Specific Use Permit (SUP). Further, this portion of property is currently vacant and encumbered
by a drainage easement.
To assist understanding of the operational intent of the body art studio, the applicant has offered a
scope of body piercings in a document titled Body Piercing Knowledge. The document indicates
a menu of piercing places as well as jewelry sizes, and types. The applicant’s narrative indicates
La Gallery’s piercer has fifteen (15) years of experience.
In addition to the tattoo parlor and body art studio, the applicant is proposing to continue
occasional art classes. The applicant attests that art classes will not constitute a significant
portion of the sales, space or activity time within the suites.
Specific Use Permit (SUP) Criteria
In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning
Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a
Specific Use Permit application using the following criteria:
1.Conformance with the City of The Colony’s Comprehensive Plan;
The Future Land Use Map identifies this area as “S.H. 121 Corridor Development” which
includes commercial, entertainment and support services. The proposed land use is in
conformance with The Colony Comprehensive Plan.
2.Conformance with applicable regulations and standards established by the zoning
regulations;
With the approval of the SUP amendment, the application will be in conformance with the
Zoning Ordinance.
3.Compatibility with existing or permitted uses on abutting sites, in terms of building
height, build and scale, setbacks on open spaces, landscaping and site development,
access and circulation features, architectural compatibility;
The applicant’s request to continue the existing tattoo parlor use and addition of body art
studio within a new suite will remain compatible with the approved uses on abutting sites.
4.Safety and convenience of vehicular and pedestrian circulation in the vicinity,
including traffic reasonably expected to be generated by the proposed use and other
uses reasonable and anticipated in the area, existing zoning and land uses in the area;
The site layout for the subject site has been reviewed and has been previously approved by
the City, which meets traffic circulation and associated requirements.
5.Protection of persons and property from erosion, flood, or water damage, fire, noise,
glare, air quality, generation of dust and odors, and similar hazards and impacts;
The subject site is constructed in accordance with applicable regulations at the time of
construction.
4
6.Location, lighting and type of signs; the relation of signs to traffic control and
adverse effect of signs on adjacent properties;
All existing lighting will remain as previously approved. The existing signage will not
change.
7.Adequacy and convenience of off-street parking and loading facilities;
The subject site meets the Zoning Ordinance requirements for off-street parking.
8.Determination that the proposed use and site development, together with any
modifications applicable thereto, will be compatible with existing or permitted uses in
the vicinity;
Developments within Planned Development 11 (PD-11) zoning district will generally
consist of use types included in General Retail (GR) District, which classifies mostly all
retail activities. The proposed development tattoo parlor and body art studio, with
ancillary office and tattoo station areas are consistent with the intended uses for the
Planned Development 11 (PD-11) zoning district and compatible with the surrounding
land uses with existing and permitted uses in the vicinity.
9.Determination that any conditions applicable to approval are the minimum necessary
to minimize potentially unfavorable impacts on nearby uses in the same district and
surrounding area
No special conditions are being recommended by staff. The proposed use as requested is
not anticipated to create any unfavorable impacts on nearby uses in the same district and
surrounding area.
10.Determination that the proposed use, together with the conditions applicable thereto,
will not be detrimental to the public health, safety, or welfare of materially injurious
to properties or improvements in the vicinity.
The proposed relocation is not anticipated to be detrimental to the public health, safety, or
welfare in the general vicinity.
Infrastructure Improvements
No public improvements are planned for the subject site.
Notification
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the City Council meeting. Notice for this Specific Use Permit (SUP) public hearing item was
published in The Dallas Morning News on January 17, 2025. Public hearing notices for the
Planning and Zoning meeting were mailed to six (6) property owners located within 200 feet of
the subject property on January 17, 2025.
After notification, no public input either for or against the Specific Use Permit were received as of
printing of this packet.
Development Review Committee Review
The Development Review Committee finds that the SUP amendment meets all applicable
requirements of the Zoning Ordinance and therefore recommends approval.
E XIT P AI G E /
P L A N O P K W Y
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S D
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S A M R A Y B U R N T O L L W A YSH 1 2 1
4805
4801
4811
4895
4815
4897
4819
PD
PD
PD
BP
PD
This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness or accuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No: SU PA 24-0001 - La Gallery TC TX LLC - 4819 SH 121 Suite 11
SubjectArea
PD PD11 PD27 SUPA24-0001
4819 HWY 121, The Colony TX 75056
SUBJECT
La Gallery TCTX Specific Use Permit (SUP) Request for Specific Use Permit to allow La Gallery TCTX LLC at
4819 HWY 121 Suite 10 Offices G & H, The Colony TX 75056 to move from Suite 10 to Suite 11. The
operations will stay the same overall, Tattoo Studio, seasonal Art Gallery and introducing Body Piercing.
Moving our business to a bigger space will allow us to meet demand by hiring additional tattoo artists,
give our customers a more enhance, and upscale experience, shorten waiting time for booking
appointments and allow us to conduct Art Classes for the Community of The Colony and surrounding
areas. Customer satisfaction has always been our number one priority.
OWNER/APPLICANT
Applicant: La Gallery TCTX LLC The Colony TX
Owners: Gabriella Rodriguez Ruiz and Mardo Rodriguez Cervantes Frisco TX
EXISTING CONDITIONS OF PROPERTY
This property is a single Suite Building within the 121 Office Plaza Development. For the purpose of La
Gallery TCTX LLC, Suite 11 will be leased to operate a Tattoo and Body Piercing Studio and Art Facility.
ATTACHEMENTS
Letter of Intent
Body Piercing knowledge sheet
Interactive Map
Certificate of acknowledgement
Distance maps for Body art and Tattoos to support SUP requirement
Floor Plan Suite 11
Picture sign
Picture façade with sign
4819 HWY 121, The Colony TX 75056
OUR INTENT
La Gallery TCTX LLC proposes to move to Suite 11 at 4819 HWY 121 The Colony TX 75056, a 1564 square
feet Suite building to continue operating a Private Tattoo and Body Piercing Studio in combination with
a seasonal Art Gallery. The bigger space will allow us to overall offer a more professional and upscaled
experience to our customers as follows
Hiring additional tattoo artists will eliminate long waits for booking appointments
Private office for one-on-one consultations with artists
Private office for tattoos when requested
Introducing piercings, since we have had a large demand for this service
Break room for our tattoo artists
Larger Tattoo Open Area for customer satisfaction
Larger Waiting area for customer satisfaction
Art expositions from local Artists as part of a commission Art Sales Program will be temporary displayed
giving local artist exposure to the public. Tattoo first-timers and tattoo collectors will be able to work
with established and talented artists. The artists will offer extended consultations and custom designs as
requested.
La Gallery TCTX LLC will feature an open space for reception/launch are where clients can relax or wait
for family members/friends, an open area for Tattoo Stations, a private room for piercings (body art)**
and one private tattoo station, an office for clients to meet with their artist for consultations, a storage
room, and an open work area for artists. Art will be displayed through both offices as part of the
Seasonal Art Shows.
Items in the reception/waiting area include but are not limited to, a receptionist desk, chair, laptop,
credit card reader, cash register, phone, two couches, a drawing table, bookcase, art supplies, office
supplies, printer, TV, scanner a sound system, speakers, iPad and a digital camera.
Items in the Tattoo Areas include but are not limited to, tattoo stations, mirrors, lights, tattoo supplies*,
tool boxes, sharps containers and covered trash bins, a sink, a book case, additional seating for clients
and client’s guests, storage cabinet, a printer and a stencil maker.
*Tattoo supplies include needles, sterilizers, antiseptics, disinfectants, ointments and soap, paper
products, linens, towels, gloves, and skin marking supplies (thermotaxis, stencil paper, pens, skin
scribes).
**Body Art (Body Piercings) – La Gallery TCTX will designate a private office for Body Art and will limit its
services exclusively to piercings. (see attached Body Piercing Knowledge sheet). Our Body Piercer has 15
years of experience in this field and follows the bloodborne pathogen standards regulated by the State
4819 HWY 121, The Colony TX 75056
of Texas Department of Health and Human Services. All supplies utilized for Body Piercings are
disposable and purchased from well known suppliers in sterilized packaging.
La Gallery TCTX utilizes Allen Financial Insurance Group/ The Equestrian Group 12414 N 32 nd Street Suite
101 Phoenix AZ as the carrier for Business Insurance. Accounts are established with suppliers including
but not limited to Tattoo LAB, Intenze Ink – tattoosuperstore.com – Fusion Ink, Starbrite Colors,
Dynamic Ink and Unimax for all tattoo supply needs.
NOTE: ALL SUPPLIES UTILIZED AT LA GALLERY TCTX FOR TATTOOS ARE DISPOSIBLE AND THEY ARE
PURCHASED FROM WELL KNOWN SUPPLIERS IN STERILIZED PACKAGES.
OUR MISSION
La Gallery TCTX mission has been to innovate the Art of Tattoos as well as to promote local Art talent.
We have been able to accomplish our mission by providing clients with high quality tattoos in a friendly,
safe, and professional atmosphere. The emphasis of La Gallery TCTX has been to provide a fulfilling
experience designed to meet the needs of our clients with great care and individual attention. Each
client is treated with seriousness and professionalism.
OUR ARTISTS
The Artist at La Gallery TCTX are Bloodborne Pathogen Certified individuals capable of various styles,
they are dedicated to the needs of their clients and continue their studies in this quickly evolving world
of Art. Our artists are involved in the Dallas/DFW Art Community. Each artist has built a broad and
diverse clientele form their past work experiences in New York, New Jersey, El Paso the DFW area and
now in The Colony Texas. La Gallery’s clientele ranges from police officers, to Cowboy and FC Dallas
players to teachers, to stay home moms, to grandparents, to cancer survivors, to office workers, to blue
collar professionals, to veterans and more. Our artists treat all their clients with the same dedication.
HOURS OF OPERATION
La Gallery TCTX LLC will open Monday – Sunday 11:00 a.m. to 10:00 p.m.
LOCATION
As per the Code of Ordinance, La Gallery TCTX LLC located at 4819 HWY 121 Suite 11 The Colony TX
75056 IS NOT within 1000 feet of a public, denominational and/or charter School and IT IS NOT within
1000 feet from another Tattoo related businesses. Copies of the maps showing distances to the nearest
School and the nearest Tattoo Studios are provided.
TAX STRUCTURE
4819 HWY 121, The Colony TX 75056
La Gallery TCTX LLC will operate as an S Corporation, founded and ran by Mardo Rodriguez, a dedicated
Artist/Tattoo Artist with 20 years of experience in the Tattoo industry and his wife Gabriella Rodriguez
who has a Business Administration Bachelor’s Degree with 24 years of experience in Accounting,
Business Taxes, Payroll and Human Resources. Both operated a profitable Tattoo Studio in New Jersey
for 5 years and have been operating La Gallery TCTX successfully in The Colony TX for over 5 years.
BUSINESS STRUCTURE
This past 5 years we have been focused on building a solid business structure that can support the
unique kind of business we want to have. This is why we continue to be committed to hire only artists
that meet our expectations, artists who are qualified, hardworking, creative, customer centric and ready
to contribute to our business to achieve our goals and to benefit all the stake holders (the owners,
workforce and clients). The structure we have adopted is as follows
HR/Payroll/Accountant – both in house and outsourced services
General Manager
Client Service Representative/Administrative Assistant
Artists
KEY TO SUCCESS
Owning and managing a Tattoo Studio for 5 years in New Jersey and 5 years in Texas has given us the
tools needed to understand the key factors to be successful business owners. The past 5 years operating
in The Colony TX has only been an amazing experience, we have gotten to know people’s stories, we
have made acquaintances and lifetime friends. The community of The Colony and the entire Dallas area
have embraced our vison of a different experience when getting a tattoo and they acknowledge our
hard work and dedication, we have had clients coming back from Austin, Waco, Houston, Lubbock, New
York, and New Jersey and this is the meaning of being successful. We are thankful for the opportunity,
and we cannot wait to give back to our community by continuing offering affordable art classes to
people with limited resources.
P.O. BOX 293254
LEWISVILLE, TEXAS 75029
REGISTERED FIRM NO. 10021600
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PH: 972-539-7676, 979-451-1551
La Gallery's
current location
La Gallery's Original Location 2019
La Gallery's proposed location
Tattoo Studio/Body Piercing
Distance From: 14181 main stree t the colony Ix 75056 I Di stance To: I 4819 hwy 121 the colony tx 75056 I rcalculate Distance
3traight line distance: 0.95 miles, 1.52 kil ometers (km), 4990 feet, 1521 meters
)riving distance: 1.53 miles, 2.46 kil ometers (km), 8078 feet, 2462 m et ers
COWBOY TATTOO LA GALLERY
Tattoo Studio/Body Piercing
Tattoo Studio/Body Piercing
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2025 - ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, COMPREHENSIVE ZONING ORDINANCE, BY
APPROVING A SPECIFIC USE PERMIT FOR A TATTOO PARLOR AND
BODY ART STUDIO KNOWN AS “LA GALLERY TCTX,” LOCATED AT
4819 STATE HIGHWAY 121, SUITE 11 CONTAINING A TOTAL AREA
OF 1564 SQUARE FEET WITHIN PLANNED DEVELOPMENT – 11 (PD-
11) ZONING DISTRICT AND THE GATEWAY OVERLAY DISTRICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Section 211.006(a) of the Texas Local Government Code requires the City of
The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment before the
15th day before the date of the public hearing; and
WHEREAS,Appendix A, Section 24-101(d) of the Code of Ordinances of the City of The
Colony, Texas, provides the following: “A public hearing shall be held by city council before adopting
any proposed amendment, supplement or change. Notice of such hearing shall be given per the
publication policy of the city, stating the time and place of such hearing, and shall be published a
minimum of 15 days prior to the date of the public hearing”; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of The
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the
City of The Colony, Texas, have given the requisite notices by publication and otherwise, and have
held due public hearings and afforded a full and fair hearing to all property owners generally and to
all persons interested, and the City Council of the City of The Colony, Texas, is of the opinion and
finds SUPA24-0001, should be approved to permit a tattoo parlor and body art studio known as “La
Gallery TCTX,” located at 4819 State Highway 121, Suite 11 containing a total area of 1564 square
feet, within Planned Development – 11 (PD-11) Zoning District and the Gateway Overlay District,
and that Ordinance No. 2021-2428 be revoked, by revoking SUP20-0002, for a tattoo parlor located
at 4819 State Highway 121, offices “G” and “H,” containing a total area of 812 square feet, within
Planned Development – 11 (PD-11) Zoning District and the Gateway Overlay District, and that the
Code of Ordinances should be so amended.
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, Appendix A, Comprehensive Zoning
Ordinance, of the City of The Colony should be amended by revoking Ordinance No. 2021-2428,
by revoking SUP20-0002, located at 4819 State Highway 121, Offices “G” and “H,” containing a
total area of 812 square feet, within Planned Development – 11 (PD-11) Zoning District and the
2
Gateway Overlay District, and to authorize a Specific Use Permit for a tattoo parlor known as “La
Gallery TCTX,”located at 4819 State Highway 121, Suite 11 containing a total area of 1564 square
feet, within Planned Development – 11 (PD-11) Zoning District and the Gateway Overlay District
SECTION 3.That it is hereby declared to be the intention of the City Council of the City
of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation in this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, is hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 4TH DAY OF FEBRUARY 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
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider an ordinance regarding a site plan for “Stuart’s Paint and Body,” a 23,080 square feet
auto painting and body shop on approximately 2.89 acres located north of State Highway 121 and south of
Memorial Drive, (between Market Street and Standridge Drive) within Planned Development 30 (PD-30) and the
Gateway Overlay District. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
SP24-0007-Stuart's Paint and Body- CC staff report draft.doc
SP24-0007 - Stuart's Paint and Body - Final Exhibits (no photometric).pdf
Ord. 2025-XXXX SP24-0007-Stuart's Paint and Body.docx
CITY COUNCIL REPORT
AGENDA DATE:February 4, 2025
DEPARTMENT:Planning and Development Department
SUBJECT: SP24-0007 – “Stuart’s Paint and Body”
Discuss and consider an ordinance regarding a site plan for “Stuart’s Paint and Body,” a 23,080
square foot auto painting and body shop. The subject site contains approximately 2.89 acres and
is located north of State Highway 121 and south of Memorial Drive, (between Market Street and
Standridge Drive) within Planned Development 30 (PD-30) and the Gateway Overlay District.
OWNER/APPLICANT
Owner: Addison Wilson Dallas, TX
Standridge 121 LTD
Applicant: Dayton Macatee Dallas, TX
Macatee Engineering LLC
EXISTING CONDITION OF PROPERTY
The subject site is within Planned Development 30, an approximately 6.51-acre zoning district
bound by SH 121 to the South, Memorial Drive to the North, Standridge Drive to the West and
Market Street to the East. This planned development is divided into Tracts A and B, with land
uses permitted within the LC district. The area is undeveloped at this time as both Tracts A and
B are vacant. The subject site is located within Tract A on the corner of the southeast intersection
of Memorial Drive and Standridge Drive.
ADJACENT ZONING AND LAND USE
North – Planned Development (PD-19) – Live Oak Logistics Park
South – Business Park (BP) – Global Generations Hyperbaric Oxygen Therapy
East – Planned Development (PD-30) – Vacant lot
West – The City of Lewisville
PROPOSED DEVELOPMENT
The project is reflected as an approximately 2.89-acre development containing a 23,080 square
foot Auto painting and body shop known as “Stuart’s Paint and Body”. The proposed use will
include an indoor auto body repair area, 8 service bays, an office, a lobby for patrons, and 24
spaces for enclosed vehicle storage. The site will be developed to accommodate the addition of a
10,000 square foot building (adjacent to the proposed) at a later date.
PRIOR ACTION
On January 28, 2025 the Planning and Zoning Commission voted (6-0) to approve this item with
the following conditions:
- The parking lot fencing will provide a living plant screen to meet the following Gateway
Overlay District requirement, Section 10A-1200 (7) (b) “A living plant screen made up of shrubs
planted four feet on center with a mature height of approximately six to eight feet, along with
wrought iron fence lengths no longer than eight feet each with masonry columns set a minimum
of every five fence lengths, may be used in lieu of a wall or fence made of approved materials.
- To enhance the north façade of the building through the use of architectural details with the
intent to design architectural features which shall provide visual interest.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds that the proposed Site Plan is consistent with
Planned Development 30 (PD-30) Zoning District, the Comprehensive Zoning Ordinance and the
Gateway Overlay District where applicable. The DRC recommends approval.
ATTACHMENTS
1. Location Map 2. Site Plan
3. Project Narrative 4. Elevations
ATTACHMENT 1
Staff Analysis
Land Use Analysis
The applicant proposes the development of an auto painting and body shop use within an
approximately 23,080 square-foot building. The auto painting and body shop known as “Stuart’s
Paint and Body will include an indoor auto body repair area, 8 service bays, an office, a lobby
for patrons, and twenty-four (24) spaces for enclosed vehicle storage. The subject site is
currently undeveloped within Tract “A” of Planned Development 30. The site will be developed
to accommodate the addition of a 10,000 square foot building (adjacent to the proposed) at a
later date.
Circulation and Parking
The site provides twenty-five (25) parking spaces meeting the parking requirement of twenty-
five (25) spaces (1.25 spaces per service bay + 1 space per employee). Site access will be
served by a proposed driveway opening off of Memorial Drive and cross access to
neighboring establishments.
Landscaping and Buffering
The landscape plan reflects the planting of various canopy trees, small ornamental trees, shrubs,
and ground cover throughout the development site. The site plan reflects all other plantings are
provided as part of future development within Tract “A”, including those plantings within the
parking area and within buffers. The site offers fifteen (15) landscape amenity points consistent
with Gateway Overlay design regulations.
Building Elevations
The elevation plans reflect a modern aesthetic with elevations consisting predominately of
masonry split face block metal panels and the addition of architectural elements such as
aluminum composite canopies, storefront glazing and eight (8) overhead sectional doors. The
color palette mainly consists of neutral gray selections and is consistent with existing
establishments in the surrounding area. The building is one story and the height is thirty (30)
feet from grade to rooftop with an elevated section on the roof to accommodate full screening
of mechanical equipment.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds that the proposed Site Plan is consistent with
Planned Development 30 (PD-30) Zoning District, the Comprehensive Zoning Ordinance and the
Gateway Overlay District where applicable. The DRC recommends approval.
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2025 - ____
SITE PLAN – STUART’S PAINT AND BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR
“STUART’S PAINT AND BODY,” AN APPROXIMATELY 23,080
SQUARE-FOOT AUTO REPAIR AND BODY FACILITY WITHIN LOT 6,
BLOCK A OF PLANNED DEVELOPMENT 30. THE SUBJECT SITE IS
LOCATED AT MEMORIAL DRIVE WITHIN THE PLANNED
DEVELOPMENT (PD) ZONING DISTRICT AND THE GATEWAY
OVERLAY DISTRICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of The
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the
City of The Colony, Texas, have given requisite notices and consideration of the site plan application
and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds
that Site Plan Application No. SP24-0007 for “Stuart’s Paint and Body,” an approximately 23,080
square-foot Auto repair and body facility within Lot 6, Block A of Planned Development 30.and
located at Memorial Drive within the Planned Development (PD) Zoning District and the Gateway
Overlay District should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Site Plan, Landscape Plan, building elevations and photometric plan applicable to the
subject area, copies of which are attached hereto as Exhibit A of this Ordinance.
SECTION 3.That it is hereby declared to be the intention of the City Council of the City
of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation of this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 4TH DAY OF FEBRUARY 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
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: Tina Stewart
Submitting Department: Information Technology
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a 3-year agreement with
Tyler Technologies in the amount of $156,454 per year with a one-time cost of $8,260 for a first-year cost of
$164,714 for the upgrade of Incode Software for Finance, Payroll, Utility Billing and Municipal Court. (Cuellar)
Suggested Action:
Attachments:
Incode Background.pdf
Total Project Costs.pdf
Tyler Technologies SaaS Agreement.pdf
Res. 2025-xxx Tyler Technologies Agreement.doc
AGENDA ITEM
Information Technology
TO: Mayor, City Council, and City Manager
DATE SUBMITTED: January 29, 2025
MEETING DATE: 02/04/2024
SUMMARY OF
REQUEST:
Consider approval of an Incode software upgrade
Background:
On September 5, 2023, City Council authorized the purchase of an upgrade from Incode 9 to
ERP Pro 10 at a cost of $120,290, with an estimated time to begin implementation around
September of 2024.
Incode is the City’s enterprise software for financial management, utility billing and
municipal court.
All departments currently utilizing Incode are using version 9, an older version of the
software. This version dates to approximately 2000. Development on Incode 9 has stopped
and is estimated to become end of life within the next 5 years.
When the request for funds was first brought to Council in September of 2023, the plan was to
do an in-place upgrade, keeping Incode software on-premise. However, during the year long
wait to begin implementation and with the hiring of a new Finance Director, we opted to take
another look at our upgrade options.
After some discussion, we decided to upgrade to the cloud-based option instead. The cloud-
based option provides additional features not available with the on-premise version including
workflows and grants.
Funds approved in September 2023 are still available and will be combined with the current
year’s annual maintenance funds to cover any additional costs in year 1. For years 2 and 3 the
annual maintenance budget will be increased by approximately $56,500 per year going
forward. Currently, Incode annual maintenance is around $100,000 per year.
Estimated time to complete this project for all departments will be by August of 2026, with
Finance being the first department to begin the process and estimated to complete their
portion of the project by September 2025.
Tyler Technologies SaaS Pricing One Time Annual Costs
ERP Pro 10 Upgrade -$ 132,955.00$
ACFR & Grants -$ 12,829.00$
PCI Service Fees & Utility Access -$ 6,960.00$
Additional Cloud Storage & Advanced Reporting Services -$ 3,500.00$
Topaz Signature Pads 1,050.00$ 210.00$
Project Management and Professional Services 7,210.00$ -$
Total One Time Costs 8,260.00$
Total Recurring Annual Costs 156,454.00$
Year 1 Cost 164,714.00$
Year 2 Cost 156,454.00$
Year 3 Cost 156,454.00$
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SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment
Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler
desires to provide such products and services under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
•“Agreement” means this Software as a Service Agreement.
•“Business Travel Policy” means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
•“Client” means the City of The Colony, Texas.
•“Data” means your data necessary to utilize the Tyler Software.
•“Data Storage Capacity” means the contracted amount of storage capacity for your Data
identified in the Investment Summary.
•“Defect” means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent. Future
functionality may be updated, modified, or otherwise enhanced through our maintenance and
support services, and the governing functional descriptions for such future functionality will be
set forth in our then-current Documentation.
•“Defined Users” means the number of users that are authorized to use the SaaS Services. The
Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A
contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum
number of named users that are authorized to use the Enterprise Permitting & Licensing labeled
modules as indicated in the Investment Summary.
•“Developer” means a third party who owns the intellectual property rights to Third Party
Software.
•“Documentation” means any online or written documentation related to the use or
functionality of the Tyler Software that we provide or otherwise make available to you, including
instructions, user guides, manuals and other training or self-help documentation.
•“Effective Date” means the date by which both your and our authorized representatives have
signed the Agreement.
•“Force Majeure” means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other
cause that could not with reasonable diligence be foreseen or prevented by you or us.
•“Investment Summary” means the agreed upon cost proposal for the products and services
attached as Exhibit A.
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•“Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
•“Order Form” means an ordering document that includes a quote or investment summary and
specifying the items to be provided by Tyler to Client, including any addenda and supplements
thereto.
•“SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary.
•“SaaS Services” means software as a service consisting of system administration, system
management, and system monitoring activities that Tyler performs for the Tyler Software, and
includes the right to access and use the Tyler Software, receive maintenance and support on the
Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and
archiving. SaaS Services do not include support of an operating system or hardware, support
outside of our normal business hours, or training, consulting or other professional services.
•“SLA” means the service level agreement. A copy of our current SLA is attached hereto as
Exhibit C.
•“Support Call Process” means the support call process applicable to all of our customers who
have licensed the Tyler Software. A copy of our current Support Call Process is attached as
Schedule 1 to Exhibit C.
•“Third Party Hardware” means the third party hardware, if any, identified in the Investment
Summary.
•“Third Party Products” means the Third Party Software and Third Party Hardware.
•“Third Party SaaS Services” means software as a service provided by a third party, if any,
identified in the Investment Summary.
•“Third Party Services” means the third party services, if any, identified in the Investment
Summary.
•“Third Party Software” means the third party software, if any, identified in the Investment
Summary.
•“Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the
Third Party Products or other parties’ products or services, as applicable, and attached as an
exhibit.
•“Tyler” means Tyler Technologies, Inc., a Delaware corporation.
•“Tyler Software” means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary and
licensed by us to you through this Agreement.
•“we”, “us”, “our” and similar terms mean Tyler.
•“you” and similar terms mean Client.
SECTION B – SAAS SERVICES
1.Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS
Services solely for your internal business purposes for the number of Defined Users only. The Tyler
Software will be made available to you according to the terms of the SLA. You acknowledge that we
have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS
Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software,
as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you
perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are
receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms
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and conditions of this Agreement including, without limitation, Section B(4). We will make any such
software available to you for download.
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our
Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount
of Data Storage Capacity. You may add additional users or additional data storage capacity on the
terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined
Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate
with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software,
and anything developed by us under this Agreement. You do not acquire under this Agreement
any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for
internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize
that except to the extent necessary to carry out our obligations contained in this Agreement, we
do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS
Services available in any manner to any third party for use in the third party’s business operations;
(b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of
the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a
third party in building or supporting, products or services competitive to us; or (d) license, sell, rent,
lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service
bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or
Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the
term of this Agreement. If the Tyler Software does not perform as warranted, we will use all
reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the
maintenance and support process set forth in Section C(9), below, the SLA and our then current
Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on
Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain,
SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS
Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution
of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a
summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the
NDA is in effect and in which you make a written request, we will provide that same
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information. If our SaaS Services are provided using a 3rd party data center, we will provide
available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In
either event, databases containing your Data will be dedicated to you and inaccessible to our
other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and
the required hardware to provide access to the Tyler Software in the event of a disaster or
component failure. In the event of a data center failure, we reserve the right to employ our
disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a
Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24
hours. RPO represents the maximum duration of time between the most recent recoverable
copy of your hosted Data and subsequent data center failure. RTO represents the maximum
duration of time following data center failure within which your access to the Tyler Software
must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web
application to be performed. We will maintain industry standard intrusion detection and
prevention systems to monitor malicious activity in the network and to log and block any such
activity. We will provide you with a written or electronic record of the actions taken by us in the
event that any unauthorized access to your database(s) is detected as a result of our security
protocols. We will undertake an additional security audit, on terms and timing to be mutually
agreed to by the parties, at your written request. You may not attempt to bypass or subvert
security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and
unauthorized vulnerability and penetration test scanning of our network and systems (hosted or
otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule
and execute such a test on a mutually agreeable schedule. At your written request, we will
provide test results to you within a commercially reasonable timeframe after receipt of the
request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be
responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other
visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to
ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we
are responsible for the security of cardholder data that we possess, including functions relating
to storing, processing, and transmitting of the cardholder data and affirm that, as of the
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Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and
have performed the necessary steps to validate compliance with the PCI DSS. We agree to
supply the current status of our PCI DSS compliance program in the form of an official
Attestation of Compliance, which can be found at https://www.tylertech.com/about-
us/compliance, and in the event of any change in our status, will comply with applicable notice
requirements.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in
the Investment Summary.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set
forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and
Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith
estimates of the amount of time and materials required for your implementation. We will bill you
the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the
total values set forth in the Investment Summary will be resolved by multiplying the applicable
hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains the scope of services and related costs
(including programming and/or interface estimates) required for the project based on our
understanding of the specifications you supplied. If additional work is required, or if you use or
request additional services, we will provide you with an addendum or change order, as applicable,
outlining the costs for the additional work. The price quotes in the addendum or change order will
be valid for thirty (30) days from the date of the quote.
4. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force
Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled
professional services if we are unable to reassign our personnel and (b) any non-refundable travel
expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign
personnel in the event you cancel within four (4) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent
with industry standards. In the event we provide services that do not conform to this warranty, we
will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to
your personnel, facilities, and equipment as may be reasonably necessary for us to provide
implementation services, subject to any reasonable security protocols or other written policies
provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone
criminal background checks prior to hire. All employees sign our confidentiality agreement and
security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You agree to use all reasonable efforts
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to cooperate with and assist us as may be reasonably required to meet the agreed upon project
deadlines and other milestones for implementation. This cooperation includes at least working with
us to schedule the implementation-related services outlined in this Agreement. We will not be
liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or
to the failure by your personnel to provide such cooperation and assistance (either through action
or omission).
9. Maintenance and Support. For so long as you timely pay applicable fees according to the Invoicing
and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process,
we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike
manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to
any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third
Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements)
that we make generally available without additional charge to customers who have a
maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with
any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party
secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree
to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You
agree to provide us with a login account and local administrative privileges as we may reasonably
require to perform remote services. We will, at our option, use the secure connection to assist with
proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot
resolve a support issue remotely, we may be required to provide onsite services. In such event, we will
be responsible for our travel expenses, unless it is determined that the reason onsite support was
required was a reason outside our control. Either way, you agree to provide us with full and free access
to the Tyler Software, working space, adequate facilities within a reasonable distance from the
equipment, and use of machines, attachments, features, or other equipment reasonably necessary for
us to provide the maintenance and support services, all at no charge to us. We strongly recommend
that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless
Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design;
(c) other consulting services; or (d) support outside our normal business hours as listed in our then-
current Support Call Process. Requested services such as those outlined in this section will be billed to
you on a time and materials basis at our then current rates. You must request those services with at
least one (1) week’s advance notice.
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SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have
purchased any, for the price set forth in the Investment Summary. Those amounts are payable in
accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party
Software and related documentation for internal business purposes only. Your rights to the Third
Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive
free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not
warrant or guarantee the performance of the Third Party Products. However, we grant and pass
through to you any warranty that we may receive from the Developer or supplier of the Third
Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided
independent of Tyler by such third-party at the rates set forth in the Investment Summary and in
accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in
the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the
warranties in this Agreement, you will provide us with written notice within thirty (30) days of your
receipt of the applicable invoice. The written notice must contain reasonable detail of the issues
you contend are in dispute so that we can confirm the issue and respond to your notice with either a
justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues
presented in your notice. We will work with you as may be necessary to develop an action plan that
outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we
complete the action items outlined in the plan. If we are unable to complete the action items
outlined in the action plan because of your failure to complete the items agreed to be done by you,
then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS
Services, including maintenance and support services, if you fail to pay an invoice not disputed as
described above within fifteen (15) days of notice of our intent to do so.
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SECTION F – TERM AND TERMINATION
1. Term. This Agreement is binding when signed. The initial term of this Agreement is equal to the
number of years indicated for SaaS Services in Exhibit A, commencing on the first day of the first
month following the date we make the SaaS environment available to you, unless earlier terminated
as set forth below. If no duration is indicated in Exhibit A, the initial term is one (1) year. Upon
expiration of the initial term, this Agreement will renew automatically for additional one (1) year
renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least
sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the
Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination,
you will pay us for all undisputed fees and expenses related to the software, products, and/or
services you have received, or we have incurred or delivered, prior to the effective date of
termination. Disputed fees and expenses in all terminations other than your termination for cause
must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is
contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we
may discontinue the SaaS Services and deny your access to the Tyler Software. We may also
terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of
receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the
Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause
in the event we do not cure, or create a mutually agreeable action plan to address, a material
breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event
suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds
sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty
(30) days written notice to us. You will not be entitled to a refund or offset of previously paid,
but unused SaaS Fees. You agree not to use termination for lack of appropriations as a
substitute for termination for convenience.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation
infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets,
and will pay the amount of any resulting adverse final judgment (or settlement to which we
consent). You must notify us promptly in writing of the claim and give us sole control over its
defense or settlement. You agree to provide us with reasonable assistance, cooperation, and
information in defending the claim at our expense.
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1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final
judgment is based on your use of the Tyler Software in contradiction of this Agreement,
including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the
Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for
you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a
functional equivalent, in which case you will stop running the allegedly infringing Tyler Software
immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you
may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software
is enjoined by a court of competent jurisdiction, in addition to paying any adverse final
judgment (or settlement to which we consent), we will, at our option, either: (a) procure the
right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional
equivalent. This section provides your exclusive remedy for third party copyright, patent, or
trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and
against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent
caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a
law applicable to our performance under this Agreement. You must notify us promptly in
writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at
our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our
agents, officials, and employees from and against any and all third-party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a)
personal injury or property damage to the extent caused by your negligence or willful
misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense
or settlement. We agree to provide you with reasonable assistance, cooperation, and
information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER
DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS
AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED
ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE
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LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS
SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY
RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE
PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET
IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED
UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY
REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING
LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND
G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain
the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b)
Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d)
Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella
Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General
Liability and Automobile Liability policies, which will automatically add you as an additional insured
to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of
insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates
set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a
mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12)
months have expired, you may purchase additional products and services at our then-current list
price, also by executing a mutually agreed addendum. The terms of this Agreement will control any
such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will
be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in
good faith negotiations with our appointed senior representative. Senior representatives will
convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings
and discussions between senior representatives will be deemed confidential settlement discussions
not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If
we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort
to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may
assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this
section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution
procedures.
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4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will
reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a
copy. For clarity, we are responsible for paying our income taxes, both federal and state, as
applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for
employment concerning the performance of our responsibilities under this Agreement. This
discrimination prohibition will apply to all matters of initial employment, tenure, and terms of
employment, or otherwise with respect to any matter directly or indirectly relating to employment
concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that
is unrelated to the individual's ability to perform the duties of a particular job or position, height,
weight, marital status, or political affiliation. We will post, where appropriate, all notices related to
nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your
project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior
written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not
required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or
purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the
party whose performance is delayed provides the other party with written notice explaining the
cause and extent thereof, as well as a request for a reasonable time extension equal to the
estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement. This provision does not affect
the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and
us with respect to the subject matter hereof, and supersedes any prior agreements, understandings,
and representations, whether written, oral, expressed, implied, or statutory. Purchase orders
submitted by you, if any, are for your internal administrative purposes only, and the terms and
conditions contained in those purchase orders will have no force or effect. This Agreement may
only be modified by a written amendment signed by an authorized representative of each party.
12
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement will be considered valid and enforceable to the fullest extent
permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced
by either party, such non-enforcement will not act as or be deemed to act as a waiver or
modification of this Agreement, nor will such non-enforcement prevent such party from enforcing
each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as
notice of an alleged material breach for a termination for cause or a dispute that must be submitted
to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the
following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail,
return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of
proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United
States Postal Service authorized mail center with proper postage (certified mail, return receipt
requested) affixed and addressed to the other party at the address set forth on the signature page
hereto or such other address as the party may have designated by proper notice. The consequences
for the failure to receive a notice due to improper notification by the intended receiving party of a
change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of
such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be
confidential and includes, without limitation, personal identifying information (e.g., social security
numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will
not disclose any confidential information of the other party and further agrees to take all reasonable
and appropriate action to prevent such disclosure by its employees or agents. The confidentiality
covenants contained herein will survive the termination or cancellation of this Agreement. This
obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of
this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Agreement; provided, however, that in the
event you receive an open records or other similar applicable request, you will give us
prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your
Data. In the event we detect malware or other conditions associated with your Data that are
13
reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the
absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment
to an isolated “quarantined” environment without advance notice. Your Data will remain in such
quarantine for a period of at least six (6) months during which time we will review the Data, and all
traffic associated with the Data, for signs of malware or other similar issues. If no issues are
detected through such reviews during the six (6) month period of quarantine, we will coordinate
with you the restoration of your Data to a non-quarantined environment. In the event your Data
must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve
the right to require payment of additional fees for the extended duration of quarantine. We will
provide an estimate of what those costs will be upon your request.
19.Business License. In the event a local business license is required for us to perform services
hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact
information so that we may timely obtain such license.
20.Governing Law. This Agreement will be governed by and construed in accordance with the laws of
your state of domicile, without regard to its rules on conflicts of law.
21.Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple
originals, any of which will be independently treated as an original document. Any electronic, faxed,
scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment
hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that
party to this Agreement.
22.Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve
the right to negotiate and customize the terms and conditions set forth herein, including but not
limited to pricing, to the scope and circumstances of that cooperative procurement.
23.Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights
data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights
data platform is subject to the Data & Insights SaaS Services Terms of Service, available at
https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler
Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the
linked terms, you certify that you have reviewed, understand, and agree to said terms.
24.Contract Documents. This Agreement includes the following exhibits:
Exhibit A
Exhibit B
Exhibit C
Investment Summary
Schedule 1: SaaS Flip Pricing
Schedule 2: Additional Product Pricing
Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Service Level Agreement
Schedule 1: Support Call Process
14
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
Tyler Technologies, Inc. City of The Colony, Texas
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of The Colony
One Tyler Drive 6800 Main Street
Yarmouth, ME 04096 The Colony, TX 75056-1133
Attention: Chief Legal Officer Attention: ______________________________
Exhibit A
1
Exhibit A
Investment Summary
The following Investment Summary consists of Schedule 1 and Schedule 2 and details the software
and services to be delivered by us to you under the Agreement. This Investment Summary is effective
as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed
as of the Effective Date.
Tyler Payments, as well as the following items subject to annual fees, which were contracted for under
the license and services agreement between Tyler and Client, will remain under that agreement's
terms. The fees and annual term for such items remain unchanged and are listed here for reference
purposes only.
1. PCI Service Fee (Per Device): $900
2. PCI Service Fee (Per Device): $180
3. PCI Service Fee (Per Device): $180
4. PCI Service Fee (Per Device): $180
5. PCI Service Fee (Per Device): $360
6. Utility Access: $5,160
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Exhibit A
Schedule 1
1
Exhibit A
Schedule 1
SaaS Flip Pricing
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2024-491817-Z3H0M5 CONFIDENTIAL Page 1
Sales Quotation For:
City of The Colony
6800 Main St
The Colony TX 75056-1133
Quoted BY DK Robertson
Quote Expiration 2/18/25
Quote Name SaaS Flip
Tyler Annual Software – SaaS
Description Annual
ERP Pro
ERP Pro 10 Financial Management Suite
Core Financials $ 25,441
Benefits Enrollment $ 7,006
Electronic Time Clock Interface $ 1,123
Fixed Assets $ 4,687
Inventory Control $ 4,620
Employee Vac & Sick/Demographic Data $ 949
Human Resources Management (Includes Position Budgeting) $ 9,023
Project Accounting $ 4,783
Purchasing $ 5,817
Accounts Receivable $ 4,620
ERP Pro 10 Customer Relationship Management Suite
Utility Billing Water/Gas $ 23,192
2024-491817-Z3H0M5 CONFIDENTIAL Page 2
Tyler Annual Software – SaaS
Description Annual
Additional Handheld Meter-Reader Interface $ 1,145
Cashiering $ 7,644
CRM Web Services $ 4,037
Utility Payment Import Interface $ 1,868
Municipal Justice
Municipal Justice 10 Suite
Case Manager $ 17,673
Case Import Interface $ 0
Collection Agency Export Interface $ 1,432
Tyler One
Content Manager Suite
Content Manager Core $ 7,895
TOTAL: $ 132,955
Term # of Years:3
2024-491817-Z3H0M5 CONFIDENTIAL Page 3
Summary One Time Fees Recurring Fees
Total SaaS $ 132,955
Total Tyler Services
Summary Total $ 0 $ 132,955
Contract Total $ 132,955
2024-491817-Z3H0M5 CONFIDENTIAL Page 4
Comments
Work will be delivered remotely unless otherwise noted in this agreement.
Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.
SaaS is considered a term of one year unless otherwise indicated.
Cashiering Cashiering supports credit/debit cards, is PCI Compliant, and includes a cash collection interface and a cashiering receipt import.
Core Financials Core Financials includes general ledger, budget prep, bank recon, AP, CellSense, a standard forms pkg, output director, positive pay, secure
signatures.
Utility Billing Water/Gas Utility CIS System includes collections, tax lien process and import, a standard forms pkg., output director and one Utility handheld meter-reader
interface.
Utility Payment Import Interface Utility CIS System includes collections, tax lien process and import, a standard forms pkg., output director and one Utility handheld meter-reader
interface.
Content Manager Core Core includes Onboarding
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and
subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in
an agreement, amendment, or similar document in which this sales quotation is included:
•License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible.
•Fees for hardware are invoiced upon delivery.
•Fees for year one of hardware maintenance are invoiced upon delivery of the hardware.
2024-491817-Z3H0M5 CONFIDENTIAL Page 5
•Annual Maintenance and Support fees are first payable when Tyler makes the software accessible to the Client, and SaaS fees, Hosting fees, and Subscription fees are first payable on the
first day of the month following the date this quotation was signed (or if later, the commencement of the agreement’s initial term). Any such fees are prorated to align with the applicable
term under the agreement, with renewals invoiced annually thereafter in accord with the agreement.
Fees for services included in this sales quotation shall be invoiced as indicated below.
•Implementation and other professional services fees shall be invoiced as delivered.
•Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop
procedures, by module.
•Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production
environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis.
•Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided,
payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the
first day of the month immediately following initiation of project planning.
•If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
•Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services
Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will
invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment.
Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here: https://www.tylertech.com/terms/tyler-saas-
services.
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held for six (6) months from the Quote date or the Effective Date of the Contract, whichever
is later.
Customer Approval:Date:
Print Name:P.O.#:
Exhibit A
Schedule 2
1
Exhibit A
Schedule 2
Additional Product Pricing
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2024-510210-R0G1R0 CONFIDENTIAL Page 1
Sales Quotation For:
City of The Colony
6800 Main St
The Colony TX 75056-1133
Quoted BY DK Robertson
Quote Expiration 5/25/25
Quote Name Grants/ACFR Add On
Tyler Annual Software – SaaS
Description Annual
ERP Pro
ERP Pro 10 Financial Management Suite
ACFR Statement Builder $ 10,000
Grants Management $ 2,829
TOTAL:$ 12,829
2024-510210-R0G1R0 CONFIDENTIAL Page 2
Services
Description Hours/Units Extended Price
ERP Pro 10 Financial Management Suite
Professional Services 48 $ 6,960
Other Services
Project Management 1 $ 250
TOTAL:$ 7,210
Summary One Time Fees Recurring Fees
Total SaaS $ 12,829
Total Tyler Services $ 7,210
Summary Total $ 7,210 $ 12,829
2024-510210-R0G1R0 CONFIDENTIAL Page 3
Comments
Work will be delivered remotely unless otherwise noted in this agreement.
Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.
SaaS is considered a term of one year unless otherwise indicated.
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and
subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in
an agreement, amendment, or similar document in which this sales quotation is included:
•License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible.
•Fees for hardware are invoiced upon delivery.
•Fees for year one of hardware maintenance are invoiced upon delivery of the hardware.
•Annual Maintenance and Support fees are first payable when Tyler makes the software accessible to the Client, and SaaS fees, Hosting fees, and Subscription fees are first payable on the
first day of the month following the date this quotation was signed (or if later, the commencement of the agreement’s initial term). Any such fees are prorated to align with the applicable
term under the agreement, with renewals invoiced annually thereafter in accord with the agreement.
Fees for services included in this sales quotation shall be invoiced as indicated below.
•Implementation and other professional services fees shall be invoiced as delivered.
•Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop
procedures, by module.
•Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production
environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis.
•Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided,
payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the
first day of the month immediately following initiation of project planning.
•If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
2024-510210-R0G1R0 CONFIDENTIAL Page 4
•Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services
Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will
invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment.
Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here: https://www.tylertech.com/terms/tyler-saas-
services.
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held for six (6) months from the Quote date or the Effective Date of the Contract, whichever
is later.
Customer Approval:Date:
Print Name:P.O.#:
2024-512792-V1W0N6 CONFIDENTIAL Page 1
Sales Quotation For:
City of The Colony
6800 Main St
The Colony TX 75056-1133
Quoted BY DK Robertson
Quote Expiration 6/11/25
Quote Name SaaS Flip Adds
Tyler Annual Services
Description List Price Discount Annual
ERP Pro
ERP Pro 10 Customer Relationship Management Suite
Additional Cloud Storage - 200GB 2,000 0 $ 2,000
Other Services
Advanced Cloud Reporting Services $ 5,000 $ 3,500 $ 1,500
TOTAL:$ 7,000 $ 3,500 $ 3,500
2024-512792-V1W0N6 CONFIDENTIAL Page 2
Third Party Software & Hardware
Description Quantity Unit Price
Extended
Price Annual
Tyler Third Party
Hardware
Topaz Signature Pad TL462 USB with Serial Emulation TLBK462 BSB 2 $ 525 $ 1,050 $ 210
TOTAL: $ 1,050 $ 210
Summary One Time Fees Recurring Fees
Total Third Party Hardware, Software, Services $ 1,050 $ 210
Total Tyler Services $ 3,500
Summary Total $ 1,050 $ 3,710
2024-512792-V1W0N6 CONFIDENTIAL Page 3
Comments
Work will be delivered remotely unless otherwise noted in this agreement.
Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.
SaaS is considered a term of one year unless otherwise indicated.
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and
subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in
an agreement, amendment, or similar document in which this sales quotation is included:
•License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible.
•Fees for hardware are invoiced upon delivery.
•Fees for year one of hardware maintenance are invoiced upon delivery of the hardware.
•Annual Maintenance and Support fees are first payable when Tyler makes the software accessible to the Client, and SaaS fees, Hosting fees, and Subscription fees are first payable on the
first day of the month following the date this quotation was signed (or if later, the commencement of the agreement’s initial term). Any such fees are prorated to align with the applicable
term under the agreement, with renewals invoiced annually thereafter in accord with the agreement.
Fees for services included in this sales quotation shall be invoiced as indicated below.
•Implementation and other professional services fees shall be invoiced as delivered.
•Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop
procedures, by module.
•Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production
environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis.
•Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided,
payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the
first day of the month immediately following initiation of project planning.
•If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
2024-512792-V1W0N6 CONFIDENTIAL Page 4
•Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services
Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will
invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment.
Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here: https://www.tylertech.com/terms/tyler-saas-
services.
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held for six (6) months from the Quote date or the Effective Date of the Contract, whichever
is later.
Customer Approval:Date:
Print Name:P.O.#:
Exhibit B
1
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the
Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in
the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as
set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the
initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial
term are set forth in the Investment Summary. Upon expiration of the initial term, your annual
SaaS fees will be at our then-current rates.
2. Other Tyler Software and Services.
2.1 Implementation and Other Professional Services (including training): Implementation and
other professional services (including training) are billed and invoiced as delivered, at the
rates set forth in the Investment Summary.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they
have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of
the Best Practice Recommendations, by module, and 50% upon your acceptance of custom
desktop procedures, by module. If you have purchased any Business Process Consulting
services and they are quoted as an estimate, then we will bill you the actual services
delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted
Data, by conversion option, and 50% upon Client acceptance to load the converted Data into
Live/Production environment, by conversion option. Where conversions are quoted as
estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler
Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the
applicable modification. You must report any failure of the modification to conform to the
specifications within thirty (30) days of delivery; otherwise, the modification will be deemed
to be in compliance with the specifications after the 30-day window has passed. You may
still report Defects to us as set forth in this Agreement.
2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates
set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning
Services” are provided, payment will be due upon delivery of the Implementation Planning
document. Dedicated Project Management services, if any, will be billed monthly in arrears,
beginning on the first day of the month immediately following initiation of project planning.
Exhibit B
2
2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates
set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning
Services” are provided, payment will be due upon delivery of the Implementation Planning
document. Dedicated Project Management services, if any, will be billed monthly in arrears,
beginning on the first day of the month immediately following initiation of project planning.
2.7 Web Services: Annual fees for web services are payable in advance, commencing upon the
availability of the service. Your annual fees for the initial term are set forth in the
Investment Summary. Upon expiration of the initial term, your annual fees will be at our
then-current rates.
2.8 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services set
forth in the Investment Summary are due annually, in advance, commencing on the
availability of the service. Your annual fees for the initial term are set forth in the
Investment Summary. Upon expiration of the initial term, your annual fees will be at our
then-current rates.
3. Third Party Products and Hardware.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced
when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance fee for the Third Party
Software is invoiced when we make it available to you for downloading. Subsequent annual
maintenance fees for Third Party Software are invoiced annually, in advance, at then-
current rates, upon each anniversary thereof.
3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon
delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced
annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along
with applicable expenses, at the rates set forth in the Investment Summary.
3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance,
commencing with availability of the respective Third Party SaaS Services. Pricing for the first
year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for
subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction
(call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment
Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our
then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current
Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be
provided upon request; we reserve the right to charge you an administrative fee depending on
the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and
mileage logs are not available.
6. Preexisting Annual Services Fees and Credit. You are responsible for payment of the then-
current annual fees for preexisting annual services until the commencement of the initial SaaS
Term, as indicated in Section F(1) of this Agreement. You will receive a credit for any prepaid
Exhibit B
3
fees for preexisting annual services replaced by SaaS services ($7,207.07 per month based on
your current existing fees) for the time period beginning on the commencement date of the
initial SaaS Term through the end of the prepaid annual services term. These services may
include, without limitation, annual maintenance and support, Tyler Systems Management, and
Tyler Disaster Recovery. Those preexisting services are terminated as of the initial SaaS Term
commencement date, as comparable services are included under this SaaS Agreement.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We
prefer to receive payments electronically. Our electronic payment information is available by contacting
AR@tylertech.com.
2024-512792-V1W0N6 CONFIDENTIAL Page 1
Sales Quotation For:
City of The Colony
6800 Main St
The Colony TX 75056-1133
Quoted BY DK Robertson
Quote Expiration 6/11/25
Quote Name SaaS Flip Adds
Tyler Annual Services
Description List Price Discount Annual
ERP Pro
ERP Pro 10 Customer Relationship Management Suite
Additional Cloud Storage - 200GB 2,000 0 $ 2,000
Other Services
Advanced Cloud Reporting Services $ 5,000 $ 3,500 $ 1,500
TOTAL:$ 7,000 $ 3,500 $ 3,500
2024-512792-V1W0N6 CONFIDENTIAL Page 2
Third Party Software & Hardware
Description Quantity Unit Price
Extended
Price Annual
Tyler Third Party
Hardware
Topaz Signature Pad TL462 USB with Serial Emulation TLBK462 BSB 2 $ 525 $ 1,050 $ 210
TOTAL: $ 1,050 $ 210
Summary One Time Fees Recurring Fees
Total Third Party Hardware, Software, Services $ 1,050 $ 210
Total Tyler Services $ 3,500
Summary Total $ 1,050 $ 3,710
2024-512792-V1W0N6 CONFIDENTIAL Page 3
Comments
Work will be delivered remotely unless otherwise noted in this agreement.
Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.
SaaS is considered a term of one year unless otherwise indicated.
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and
subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in
an agreement, amendment, or similar document in which this sales quotation is included:
•License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible.
•Fees for hardware are invoiced upon delivery.
•Fees for year one of hardware maintenance are invoiced upon delivery of the hardware.
•Annual Maintenance and Support fees are first payable when Tyler makes the software accessible to the Client, and SaaS fees, Hosting fees, and Subscription fees are first payable on the
first day of the month following the date this quotation was signed (or if later, the commencement of the agreement’s initial term). Any such fees are prorated to align with the applicable
term under the agreement, with renewals invoiced annually thereafter in accord with the agreement.
Fees for services included in this sales quotation shall be invoiced as indicated below.
•Implementation and other professional services fees shall be invoiced as delivered.
•Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop
procedures, by module.
•Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production
environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis.
•Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided,
payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the
first day of the month immediately following initiation of project planning.
•If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
2024-512792-V1W0N6 CONFIDENTIAL Page 4
•Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services
Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will
invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment.
Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here: https://www.tylertech.com/terms/tyler-saas-
services.
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held for six (6) months from the Quote date or the Effective Date of the Contract, whichever
is later.
Customer Approval:Date:
Print Name:P.O.#:
Exhibit B
Schedule 1
1
Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight
within two hours before or after the requested departure time, assuming that flight does not add
more than three hours to the employee’s total trip duration and the fare is within $100 (each way)
of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee’s total trip duration, the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is
mandatory. When booking less than seven (7) days in advance, management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more
consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall
not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have
many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag • Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
Exhibit B
Schedule 1
2
2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the
current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals; except for employees traveling to Alaska and internationally (excluding Canada),
additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the
airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges, public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local
hotel, the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
“No shows” or cancellation fees are not reimbursable if the employee does not comply with the
hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
Exhibit B
Schedule 1
3
Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO,
and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in
accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel
expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided
separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a
trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch
Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem
as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
Exhibit B
Schedule 1
4
5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If
an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for
internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be
reserved through TMC using the “lowest practical coach fare” with the exception of flights that are
six (6) or more consecutive hours in length. In such event, the next available seating class above
coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees,
application fees, and execution fees when obtaining a new passport book, but fees related to
passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure
taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the
U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
Exhibit C
1
Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It
outlines the information technology service levels that we will provide to you to ensure the availability of
the application services that you have requested us to provide. All other support services are documented
in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support
services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the
Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month,
calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or
the acts or omissions of any of your service users or third-party providers over whom we exercise no
control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch,
login, search or save primary data in the Tyler Software. Downtime does not include those instances in
which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security
vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or
(3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable
of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents,
denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used
in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard
Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined
in the Support Call Process. You will receive a support case number.
Exhibit C
2
b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work
with you to identify the cause of the Downtime (including whether it may be the result of Planned
Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you
to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief
Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the
calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our
Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your
relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such
credit does not relieve us of our obligations under the Agreement to correct the problem which created
the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months
and only for such consecutive months.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 98.00% Remedial action will be taken
97.99% - 95.00% 4%
Below 95.00% 5%
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably
low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will
provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that
activities during a Standard or Emergency Maintenance window may make the Tyler Software
unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be
unavailable during the maintenance window.
Exhibit C
Schedule 1
1
Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create
support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configuration-
based questions through a simplified search interface with machine learning, potentially
eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support
group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software
support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other
information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources
simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to
collaborate with one another, share best practices and resources, and access documentation.
(4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday –
Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is
outlined below. There will be no support coverage on these days.
New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting
support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of
Exhibit C
Schedule 1
2
such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets
set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of
each month to assist your IT staff with applying patches and release upgrades, as well as consulting with
them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a
unique case number. This system tracks the history of each incident. The case number is used to track
and reference open issues when clients contact support. Clients may track incidents, using the case
number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client
will reasonably set the priority of the incident per the chart below. This chart is not intended to address
every type of support incident, and certain “characteristics” may or may not apply depending on
whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is
to help guide the Client towards clearly understanding and communicating the importance of the issue
and to describe generally expected response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated
the reported Defect/support incident.
Priority
Level
Characteristics of Support Incident Resolution Targets*
1
Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level
1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
2
High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level
2 incidents within four (4) business hours of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s responsibility
for loss or corrupted data is limited to assisting the
Client in restoring its last available database.
Exhibit C
Schedule 1
3
3
Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level
3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall occur
at least quarterly. For non-hosted customers, Tyler’s
responsibility for lost or corrupted data is limited to
assisting the Client in restoring its last available
database.
4
Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level
4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need
Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has
elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each
product support team. The corresponding resource will meet with you and any Tyler staff to establish a
mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose
a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote
support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and
view the site’s setup, diagnose problems, or assist with screen navigation. More information about the
remote support tool Tyler uses is available upon request.
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2025 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE A THREE-YEAR AGREEMENT WITH TYLER
TECHNOLOGIES FOR THE UPGRADE OF INCODE SOFTWARE
FOR FINANCE, UTILITY BILLING AND MUNICIPAL COURT;
AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
approves a renewal contract with TYLER TECHNOLOGIES, for the upgrade of
INCODE Software for Finance, Utility Billing and Municipal Court in the amount of
$156,454 per year with a one-time cost of $8,260 for a first-year cost of $164,714.
Section 2.That the City Manager is authorized to issue appropriate purchase
order(s).
Section 3.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 4TH DAY OF FEBRUARY 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
Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: James Whitt
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to issue a purchase order to F & F
Concrete, LLC in the amount of $389,493.30 for the reconstruction of 812 linear feet of the south bound lane of
Strathmill Drive. (Whitt)
Suggested Action:
Memo explaining project details and financing is attached to this item.
Attachments:
Strathmill Quote.pdf
Strathmill Drive.doc
Res. 2025-xxx F&F Concrete LLC.docx
City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756
www.TheColonyTX.gov
From:James Whitt, Department of Public Works
Sent:January 28, 2025
Subject: Reconstruction of Strathmill Drive from 7900 to 8204
Over the last year the Public Works Department has received numerus complaints about the
condition of Strathmill Drive between the 7900 block and the 8200 block. Strathmill Drive is a
two lane residential road with 21 foot lanes divided by a 50 foot grass island/median, this repair
is for the southbound lanes only. The southbound lanes have large areas of failure, multiple
long and wide cracks running the length of the road and
has numerous areas with ponding.
The project is divided into 3 phases to reduce and
eliminate any disruptions to vehicular or foot traffic. Phase
one is shown in red, Phase two in green and Phase three
in yellow.
This phasing should cause little to no disruptions, during
each phase the residents of the block that faces Strathmill
Drive will have to park on the adjacent streets.
No work is planned for the northbound lanes, we will have
signage with “No Street Parking Allowed” which will
provide two way traffic across the median from each of the
construction phases.
This request is in addition to a purchase order that has
already been issued to F & F Construction. F & F has an additional crew that will start on this
project within the next few weeks.
City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756
www.TheColonyTX.gov
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2025 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO F&F
CONCRETE, LLC FOR THE RECONSTRUCTION OF 812 LINEAR FEET OF THE
SOUTH BOUND LANE OF STRATHMILL DRIVE; AND PROVIDING AN EFFECTIVE
DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to F&F Concrete, LLC in the amount of $389,493.30 for the
reconstruction of 812 linear feet of the south bound lane of Strathmill Drive.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.This resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 4th DAY OF FEBRUARY 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
Agenda Item No:5.6
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: James Whitt
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to award a bid in the amount of
$524,000.00 to ICGM Group for the construction of a new locker room facility and the demolition of the existing
restroom facilities at the Public Works Facility at 1 Harris Plaza. (Whitt)
Suggested Action:
Attached are the project description, budget breakdown, bid submission, and references for ICGN.
Attachments:
Bathroom_Expansion.doc
ICGM-CITYOFCOLONY-BID.pdf
ICGM Group references.docx
Res. 2025-xxx ICGM Group Bid.docx
City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756
www.TheColonyTX.gov
From:James Whitt, Department of Public Works
Sent:January 28, 2025
Subject: Addition of New Bathroom and Locker Room
The original Public Works building was constructed in 1978 and the bathroom layout has been
not been changed from the original layout. At that time, the occupancy was around 25. From
that time to now, there has been no major expansions to the public works building, 1 Harris
Plaza. The building currently houses 48 employees, men and women. Those 48 employees,
which work in open sewer trenches, pour concrete, maintain storm sewers have no shower
facilities and all share 2 toilets. The majority of those employees are in the field much of the day;
making expanding or replacing the facility with a larger one not necessary at this time for the
growth. It is for this reason that we feel the need for an expansion of the sanitary facilities was
warranted.
The project has been a multi-year process and it began with internal architectural/cad drawings
and a project estimate prior to being budgeted. Since the project was approved, design firm
Huitt-Zollars has been to prepare the civil, mechanical, and architectural drawings. This process
has taken longer than normal due to us trying to get the most efficient use of the space, we
revised their drawings multiple times trying to use the space the most effectively.
In addition, while we did have the original drawings for what is now the Public Works building,
the old building has been added onto and modified multiple times without any documentation.
Huitt-Zollars had to recreate new architectural drawings for our building before they could even
start on the new design.
We setteled on a design last summer and we had six contractors bid on the project.
City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756
www.TheColonyTX.gov
The City’s probable construction cost for the overall project was $545,520
Tegrity Contractors $1,367,777.04
CGC General Contractors $1,313,259.00
JonesCo General Contractors $1,229,777.04
Criterion Contractors $899,197.42
Fast General Contracting $785,000.00
ICGM Group $525,000.00
The submissions were reviewed by committee and inlcuded public works and facilties
maintenance. The committee tenatively chose ICGM and their references were checked.
ICGM Group’s capability statement is attached, they provided five contacts. We were able to
contact all five references and all five gave ICGM Group positive remarks.
Good morning James,
I hope this email finds you well.
Attached is ICGM Group’s capability statement for your reference. We are a General
Contracting Company with experience in both State and Private projects. Below is a list of
our current and past projects, along with contact information for their respective points of
contact:
1. Hafer Park Restroom Renovation
• Timeline:09/2024 – Present 98% Complete
• Client:The City of Edmond, OK
• Contact:Patrick Hatfield, City of Edmond Engineer Contract Manager
• Email: patrick.hatfield@edmondok.gov
Did a great job, no overruns, no issues
2. Reaves Park Central Restroom Renovation
• Timeline:10/2024 – Present (85% Complete)
• Client:The City of Norman, OK
Did a great job, no overruns, no issues
3. Army Exchange – Express Image 2.0
• Timeline:09/2024 – Present 35% complete
• Location:Charleston AFB, South Carolina
J. Kevin McLaren, RA
Architect | Project Manager
214.312.2816 | DSN 967.2816
mclarenjk@aafes.com
Early on the project but so far good
4. 137th SOW – Will Rogers Air Force Base Renovation
• Timeline:09/2023 – 04/2024 - 100% complete
• Project:Renovation of 1001 ANG Building
• Contact:Maj. Ryan Moehle, Base Contracting Officer Email: ryan.moehle@us.af.mil
Did a great job, no overruns, no issues
5. Sugar Llamas Locations -100% complete
• Locations:178th St, Edmond, OK, and 164th St, Oklahoma City, OK
• Contact:Dylan Smith
• Email:dylan.smith@ sugarllamas@gmail.com
Did a great job, no overruns, no issues
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2025 – ______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO AWARD A BID TO ICGM GROUP FOR THE
CONSTRUCTION OF A NEW LOCKER ROOM FACILITY AND THE
DEMOLITION OF THE EXISTING RESTROOM FACILITIES AT THE PUBLIC
WORKS FACILITY AT 1 HARRIS PLAZA; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to award a bid to ICGM Group in the amount of $524,000.00 for the
construction of a new locker room facility and the demolition of the existing restroom
facilities at the Public Works Facility at 1 Harris Plaza.
Section 2. That the City Manager or his designee is authorized to accept the proposal.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS THE 4TH DAY OF FEBRUARY 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
Agenda Item No:5.7
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: James Whitt
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to issue a purchase order to CI Pavement in the
amount of $370,195.36 for the reconstruction of approximately 1,200 linear feet of the Anderson Drive Alley
(Whitt)
Suggested Action:
Attachments:
Anderson Drive Alley.doc
Anderson Drive Drive.pdf
Res. 2025-xxx CI Pavement.docx
City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756
www.TheColonyTX.gov
From:James Whitt, Department of Public Works
Sent:January 29, 2025
Subject: Reconstruction of the Anderson Drive Alley
Anderson Drive has a failure rate of near 50 percent, including patches, failures, and ponding. It
is at the top of our repair list after the street packages we issued last fall.
Anderson Drive Alley
City of The Colony - 6800 Main Street - The Colony, Texas 75056 (972) 625-1756
www.TheColonyTX.gov
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2025 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO CI
PAVEMENT FOR THE RECONSTRUCTION OF APPROXIMATELY 1,200 LINEAR
FEET OF THE ANDERSON DRIVE ALLEY; AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas hereby authorizes the City
Manager to issue a purchase order to CI Pavementin the amount of $370,195.36for the reconstruction
of approximately 1,200 linear feet of the Anderson Drive alley.
Section 2. That the City Manager and/or his designee are authorized to issue said purchase
order.
Section 3.This resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 4th DAY OF FEBRUARY 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
Agenda Item No:5.8
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 2025
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing and directing execution of a certificate acknowledging
subordinate lien debt obligations; authorizing and approving disbursement of certain funds for permissible
projects within Tax Increment Reinvestment Zone Number One; authorizing and approving payments from the
tax increment fund for authorized project costs; and resolving other matters related thereto. (Miller)
Suggested Action:
Attachments:
Res. 2025-xxx Grandscape TIRZ - 2024-25 Payment Authorizing Annual Disbursement (Sales Tax)(Final).pdf
1775.015\1014149.1
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2025 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING AND DIRECTING EXECUTION OF
A CERTIFICATE ACKNOWLEDGING SUBORDINATE LIEN DEBT
OBLIGATIONS; AUTHORIZING AND APPROVING DISBURSEMENT
OF CERTAIN FUNDS FOR PERMISSIBLE PROJECTS WITHIN TAX
INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF THE
COLONY, TEXAS; AUTHORIZING AND APPROVING PAYMENTS
FROM THE TAX INCREMENT FUND FOR AUTHORIZED PROJECT
COSTS FOR TAX INCREMENT REINVESTMENT ZONE NUMBER ONE,
CITY OF THE COLONY, TEXAS; PROVIDING FOR AN EFFECTIVE
DATE; AND RESOLVING OTHER MATTERS RELATED THERETO.
WHEREAS, on November 8, 2011, the City Council of the City of The Colony, Texas
(the "City Council"), approved Ordinance No. 2011-1926, designating Tax Increment
Reinvestment Zone Number One, City of The Colony, Texas (the "Zone"), designating a Board of
Directors for the Zone (the "Zone Board"), and establishing a tax increment fund ("TIF Fund")
in accordance with and pursuant to Chapter 311 of the Texas Tax Code, as amended (the "Act");
and
WHEREAS, on November 8, 2011, the City Council also approved Resolution No. 2011-
075 authorizing and approving the creation of The Colony Local Development Corporation (the
"LDC") to aid, assist and act for and behalf of the City of the Colony, Texas (the "City") and the
Zone Board in the management of the Zone and the implementation of the project plan and the
financing plan for the Zone in accordance with and pursuant to Subchapter D of Chapter 431 of
the Texas Transportation Code, as amended; and
WHEREAS, Section 311.002 of the Texas Tax Code defines authorized "project costs" to
include "expenditures made or estimated to be made and monetary obligations incurred or
estimated to be incurred by the municipality or county designating a reinvestment zone that are
listed in the project plan as costs of public works, public improvements, programs, or other projects
benefiting the zone, plus other costs incidental to those expenditures and obligations"; and
WHEREAS, the City Council approved a Final Project and Reinvestment Zone Financing
Plan for Tax Increment Reinvestment Zone Number One, City of the Colony, Texas, dated
November 15, 2011 (the "Final Project and Finance Plan") by adoption of Ordinance No. 2011-
1929 on November 15, 2011; and
WHEREAS, the Final Project and Finance Plan provides for the financing of "TIF
Projects" (defined in the Final Project and Finance Plan), including the construction of a municipal
building, and the payment of "TIF Project Costs" (defined in the Final Project and Finance Plan)
in accordance with the Act; and
Exhibit A – Page 2
1775.015\1014149.1
WHEREAS, the City and the LDC entered into that certain Amended and Restated
Construction Management Agreement, effective as of November 20, 2012, (the "LDC
Construction Management Agreement") with NFM Services, LLC, a Texas limited liability
company ("NFM Services") to provide for the construction of certain TIF Projects constituting
Economic Development Projects (as defined in the Final Project and Finance Plan) and the
reimbursement of costs related to such Economic Development Projects advanced by NFM
Services ("NFM Advances"), in accordance with and pursuant to Section 311.010(b) of the Texas
Tax Code, as amended; and
WHEREAS, the City, the Zone Board, and the LDC entered into that certain Funding
Agreement, effective as of December 11, 2012, (the "LDC Funding Agreement," and together
with the LDC Construction Management Agreement referred to collectively as the "LDC
Agreements") with LMG Ventures, LLC, ("LMG"), and TXFM, Inc. ("TXFM") related to the
funding of certain TIF Projects (as defined in the Final Project and Finance Plan); and
WHEREAS, the LDC, with the approval and consent of the Zone Board and the City, has
issued The Colony Local Development Corporation Sales Tax Increment Contract Revenue Bonds
(Nebraska Furniture Mart Texas Project Infrastructure Bonds), Series 2013A (the "Series 2013A
Sales Tax Bonds") and The Colony Local Development Corporation Sales Tax Increment Contract
Revenue Bonds (Nebraska Furniture Mart Texas Project Infrastructure Bonds), Series 2013 (the
"Series 2013 Sales Tax Bonds", and together with the Series 2013A Sales Tax Bonds, the "2013
Sales Tax Bonds") under an Indenture of Trust and Security Agreement, dated February 1, 2013
(the "Master Indenture"), as supplemented by a First Supplemental Trust Indenture, dated
February 1, 2013 (the "First Supplement"), and a Second Supplemental Trust Indenture, dated
February 1, 2013 (the "Second Supplement", and together with the Master Indenture and the First
Supplement referred to collectively as the "Indenture"), relating to the 2013 Sales Tax Bonds; and
WHEREAS, the City, the Zone Board, and the LDC entered into that certain Management
Agreement, effective as of December 6, 2011, as amended and restated by that certain Amended
and Restated Management Agreement, effective as of February 23, 2021, (the "Management
Agreement") to address the management of the Zone and the implementation of the Final Project
and Finance Plan, including the issuance of TIF Obligations (as defined in the Management
Agreement), in accordance with and pursuant to Section 311.010(f) of the Texas Tax Code, as
amended; and
WHEREAS, the City and the LDC have been collecting and depositing the "City Sales
Tax Increment" (as defined in the Indenture) into the City Sales Tax Increment Subaccount (as
defined in the Management Agreement) of the Tax Increment Fund in accordance the Indenture,
the Management Agreement and the LDC Agreements; and
WHEREAS, the Zone Board and the LDC have found and determined, and the City
Council hereby finds and determines, that payments to NFM Services for NFM Advances and
payments to LMG and TXFM for Private Funding Obligations (as defined in the Funding
Agreement) are "project costs" as that term is defined in Section 311.002 of the Texas Tax Code
and are TIF Project Costs provided for in the Final Project and Finance Plan; and
Exhibit A – Page 3
1775.015\1014149.1
WHEREAS, the Zone Board and the LDC have found and determined, and the City
Council hereby finds and determines, that it is necessary and desirable for the implementation of
the Final Project and Finance Plan to create a subaccount within the City Sales Tax Increment
Subaccount of the Tax Increment Fund for the purpose of paying obligations under the LDC
Agreements that are subordinate to paying debt service on the 2013 Sales Tax Bonds; and
WHEREAS, the Zone Board and the LDC have found and determined, and the City
Council hereby finds and determines, that the TIF Project Costs consisting of payments to NFM
Services for NFM Advances and payments to LMG and TXFM for Private Funding Obligations
under the LDC Agreements constitute "subordinate lien obligations" under Section 4.01(C) of the
Indenture; and
WHEREAS, the Zone Board and the LDC have found and determined, and the City
Council hereby finds and determines, that it is necessary and desirable for the implementation of
the Final Project and Finance Plan to make the authorizations and approvals described below for
the purpose of paying such subordinate lien obligations related to TIF Project Costs consisting of
payments to NFM Services for NFM Advances and payments to LMG and TXFM for Private
Funding Obligations under the LDC Agreements on an annual basis.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The findings set forth above and the exhibits attached hereto are incorporated
into the body of this Resolution as if fully set forth herein.
SECTION 2. The Zone Board and the LDC have approved, and the City Council hereby
authorizes and approves, the creation of a subaccount within the City Sales Tax Increment
Subaccount of the Tax Increment Fund titled "Sales Tax Increment Subordinate Lien Obligation
Subaccount" for the purpose of paying TIF Project Costs that are subordinate lien obligations
consisting of payments to NFM Services for NFM Advances and payments to LMG and TXFM
for Private Funding Obligations under the LDC Agreements.
SECTION 3. The Zone Board and the LDC have authorized and directed execution of,
and the City Council hereby authorizes and directs the execution of a certificate (the
"Acknowledgment Certificate") substantially in the form of Exhibit A attached to this resolution
and incorporated for all purposes to be signed by the City Manager of the City, or the City
Manager's designee, acknowledging and agreeing on behalf of the City that the TIF Project Costs
consisting of payments to NFM Services for NFM Advances and payments to LMG and TXFM
for Private Funding Obligations under the LDC Agreements constitute "subordinate lien
obligations" under Section 4.01(C) of the Indenture.
SECTION 4. The LDC has certified to the City that following the one-time transfer of
funds described in Section 6 below, and notwithstanding any moneys required to be deposited
under the Indenture, the Pledged Revenue Fund will have at least $4,705,000 on deposit which is
more than the $100,000 required to remain on deposit in the Pledged Revenue Fund by Section
4.01(C)(6) of the Indenture;
Exhibit A – Page 4
1775.015\1014149.1
SECTION 5. The Zone Board and the LDC have authorized and approved, and the City
Council hereby authorizes and approves, the disbursement of funds under the Indenture as shown
on the Issuer Order (as defined in the Indenture) attached as Exhibit B.
SECTION 6. The Zone Board and the LDC have approved the respective forms attached
as Exhibit C-1 and Exhibit C-2 (such exhibits are referred to collectively as the "Annual Sales
Tax Authorization Forms") related to payment in the amount of TWO MILLION FIVE
HUNDRED SEVENTY-FIVE THOUSAND FOUR HUNDRED THIRTY-ONE AND 55/100
DOLLARS ($2,575,431.55) for subordinate lien obligations related to TIF Project Costs consisting
of payment to NFM Services for outstanding NFM Advances; and the Zone Board and the LDC
have approved, subject to the approval of the City Council, the payment shown on such forms
from the Tax Increment Fund.
SECTION 7. The City Council hereby authorizes and approves the payments from the Tax
Increment Fundas shown on the Annual Sales Tax Authorization Forms.
SECTION 8. For so long as obligations remain unpaid and outstanding, the Zone Board
and the LDC shall submit forms similar to the Annual Sales Tax Authorization Forms that have
been approved by the Zone Board and the LDC, as applicable, to the City Council. Following the
receipt of such forms, the City Council shall review and consider approval of the payments set
forth in such forms without further action required from the Zone Board and the LDC.
SECTION 9. This Resolution shall become effective immediately upon passage.
1775.015\1014149.1
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 4TH DAY OF FEBRUARY, 2025.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, Secretary
1775.015\1014149.1
EXHIBIT A
ACKNOWLEDGMENT CERTIFICATE
The undersigned, in our respective official capacities stated below, DO HEREBY CERTIFY
with respect to The Colony Local Development Corporation Sales Tax Increment Contract
Revenue Bonds (Nebraska Furniture Mart Texas Project Infrastructure Bonds), Series 2013A (the
"Series 2013A Sales Tax Bonds") and The Colony Local Development Corporation Sales Tax
Increment Contract Revenue Bonds (Nebraska Furniture Mart Texas Project Infrastructure
Bonds), Series 2013 (the "Series 2013 Sales Tax Bonds", and together with the Series 2013A
Sales Tax Bonds, the "2013 Sales Tax Bonds") issued by The Colony Local Development
Corporation (the "Issuer"), with the approval of the City of The Colony, Texas (the "City"), under
an Indenture of Trust and Security Agreement, dated February 1, 2013 (the "Master Indenture"),
as supplemented by a First Supplemental Trust Indenture, dated February 1, 2013 (the "First
Supplement"), and a Second Supplemental Trust Indenture, dated February 1, 2013 (the "Second
Supplement", and together with the Master Indenture and the First Supplement referred to
collectively as the "Indenture"), as follows:
1. All capitalized terms not otherwise defined in this Certificate shall have the
meaning given to them in the Indenture.
2. The undersigned have been authorized by their respective entities to execute this
Certificate on behalf of their respective entities.
3. The City and the Issuer entered into that certain Amended and Restated
Construction Management Agreement, effective as of November 20, 2012, (the "Construction
Management Agreement") with NFM Services, LLC, a Texas limited liability company ("NFM
Services") to provide for the construction of certain TIF Projects (as defined in the Construction
Management Agreement) constituting Economic Development Projects (as defined in the Final
Project and Finance Plan) and the reimbursement of costs related to such Economic Development
Projects advanced by NFM Services ("NFM Advances"), in accordance with and pursuant to
Section 311.010(b) of the Texas Tax Code, as amended. A true and correct copy of the
Construction Management Agreement is attached hereto as Exhibit A and incorporated herein for
all purposes.
4. The City, the Issuer, and the Board of Directors (the "Zone Board") of Tax
Increment Reinvestment Zone Number One, City of The Colony, Texas (the "Zone") entered into
that certain Funding Agreement, effective as of December 11, 2012, (the "Funding Agreement",
and together with the Construction Management Agreement referred to collectively as the "LDC
Agreements") with LMG Ventures, LLC, ("LMG"), and TXFM, Inc. ("TXFM") related to the
funding of certain TIF Projects (as defined in the Final Project and Finance Plan). A true and
correct copy of the Funding Agreement is attached hereto as Exhibit B and incorporated herein
for all purposes.
5. The City, the Issuer and the Zone Board entered into that certain Management
Agreement, effective as of December 6, 2011, as amended and restated by that certain Amended
and Restated Management Agreement, effective as of February 23, 2021, (the "Management
Exhibit A – Page 2
1775.015\1014149.1
Agreement") to address the management of the Zone and the implementation of the Final Project
and Finance Plan, including the issuance of TIF Obligations (as defined in the Management
Agreement), in accordance with and pursuant to Section 311.010(f) of the Texas Tax Code, as
amended. A true and correct copy of the Management Agreement is attached hereto as Exhibit C
and incorporated herein for all purposes.
6. The City, the Issuer and the Zone Board have found and determined that payments
to NFM Services for NFM Advances and payments to LMG and TXFM for Private Funding
Obligations (as defined in the Funding Agreement) are "project costs" as that term is defined in
Section 311.002 of the Texas Tax Code and are TIF Project Costs provided for in the Final Project
and Finance Plan
7. The City, the Issuer and the Zone Board have found and determined that the TIF
Project Costs consisting of payments to NFM Services for NFM Advances and payments to LMG
and TXFM for Private Funding Obligations under the LDC Agreements constitute "subordinate
lien obligations" under Section 4.01(C) of the Indenture.
8. The City, the Issuer and the Zone Board have found and determined that it is
necessary and desirable for the implementation of the Final Project and Finance Plan to request
disbursement of funds under Section 4.01(C)(5) of the Indenture to pay outstanding subordinate
lien obligations consisting of payments to NFM Services for NFM Advances and payments to
LMG and TXFM for Private Funding Obligations under the LDC Agreements on an annual basis;
provided, however, that the Issuer shall certify to the City prior to any such disbursement that
following the requested disbursement, and notwithstanding any moneys required to be deposited
by the Indenture, the Pledged Revenue Account shall have more than $100,000 on deposit at all
times as required by Section 4.01(C)(6) of the Indenture.
9. This Certificate may be executed in separate counterparts, each of which when so
executed and delivered shall be an original and all of such counterparts shall together constitute
one and the same instrument.
[Remainder of page left blank intentionally. Execution pages follow.]
Exhibit A – Page 3
1775.015\1014149.1
The undersigned hereby certify that the information contained in the foregoing
Acknowledgment Certificate is true and correct as of February 4, 2025.
THE CITY:
THE CITY OF THE COLONY, TEXAS
By: ___________________________________________
Tim Miller, Assistant Manager as the
City Manager's Designee
ISSUER:
THE COLONY LOCAL DEVELOPMENT CORPORATION
By: ___________________________________________
Richard Boyer, President
THE ZONE BOARD:
TAX INCREMENT REINVESTMENT ZONE NO. 1,
THE CITY OF THE COLONY, TEXAS
By: ___________________________________________
Tim Miller, Assistant Manager as the
City Manager's Designee
Exhibit A – Page 4
1775.015\1014149.1
The undersigned hereby acknowledge receipt of the foregoing Acknowledgment Certificate.
NFM SERVICES, LLC
a Texas limited liability company
By: ___________________________________________
Title: ___________________________________________
Date: ___________________________________________
LMG VENTURES, LLC
a Texas limited liability company
By: ___________________________________________
Title: ___________________________________________
Date: ___________________________________________
TXFM, INC.
a Texas corporation
By: ___________________________________________
Title: ___________________________________________
Date: ___________________________________________
1775.015\1014149.1
Exhibit B
LDC ISSUER ORDER
1775.015\1014149.1
Exhibit C-1
ZONE BOARD AUTHORIZATION FORM
1775.015\1014149.1
Exhibit C-2
LDC AUTHORIZATION FORM
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 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 551.071 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).
Suggested Action:
Attachments:
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 4, 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
to seek legal advice from the city attorney regarding Blue Sky Sports Center, L.P. matter, and related matters.
B. Any action as a result of executive session regarding purchase, exchange, lease or value of real property
and commercial or financial information the city has received from a business prospect(s), and the offer of a
financial or other incentive to a business prospect(s).
Suggested Action:
Attachments: