HomeMy WebLinkAboutCity Packets - City Council - 08/19/2025 - RegularCITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, AUGUST 19, 2025
6:30 PM
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
1.2 Invocation
1.3 Pledge of Allegiance to the United States Flag
1.4 Salute to the Texas Flag
1.5 Items of Community Interest
1.6 Receive presentation from the Library regarding upcoming events and activities. (Charters)
2.0 CITIZEN INPUT
3.0 WORK SESSION
3.1 Receive a presentation regarding property maintenance and the responsibilities of owners,
landlords, and tenants. (Browder)
3.2 Council to provide direction to staff regarding future agenda items. (Council)
4.0 CONSENT AGENDA
4.1 Consider approving City Council Regular Session meeting minutes from August 5, 2025.
(Stewart)
4.2 Consider approving Council expenditures for June 2025. (Council)
TO ALL INTERESTED PERSONS
Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony,
Texas to be held at 6:30 PM on TUESDAY, AUGUST 19, 2025 at CITY HALL , at which time the
following items will be addressed:
This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of
thirty (30) minutes for items not posted on the current agenda. The council may not discuss these
items, but may respond with factual data or policy information, or place the item on a future
agenda. Those wishing to speak shall submit a Request Form to the City Secretary.
The Work Session is for the purpose of exchanging information regarding public business or
policy. No action is taken on Work Session items. Citizen input will not be heard during this
portion of the agenda.
The Consent Agenda contains items which are routine in nature and will be acted upon in one
motion. Items may be removed from this agenda for separate discussion by a Council member.
REGULAR SESSION OF THE CITY COUNCIL Agenda
Meeting Date: 08/19/2025
1
4.3 Consider approving an ordinance authorizing the Mayor to execute a Negotiated Settlement
Agreement between Atmos Cities Steering Committee and Atmos Energy Corporation, MID-
TEX Division regarding the company's 2025 Rate Review Mechanism Filing. (Miller)
4.4 Consider approving a resolution authorizing the City Manager to execute a Government Center
Lease Agreement with American Legion Holley-Riddle Post 21 for the Fiscal Year 2025-26.
(Shallenburger)
4.5 Consider approving a resolution authorizing the City Manager to execute a Lease Agreement
with The Colony Chamber of Commerce for a space in the former Stewart Creek Elementary
School Building for the Fiscal Year 2025-26. (Shallenburger)
4.6 Consider approving a resolution authorizing the City Manager to execute a Municipal Building
#5 Lease Agreement with Lakeside Community Theater for the Fiscal Year 2025-26.
(Shallenburger)
4.7 Consider approving a resolution authorizing the City Manager to award Contract Amendment
No. 1 to Kaitlin Kent Enterprises, Inc. for Roadway Lifting Services for Nash Drive and Newton
Street in the amount of $47,712.00. (Hartline)
4.8 Consider approving a resolution authorizing the City Manager to issue a change order to
Purchase Order No. 25-05129 with PVS Technologies for the purchase of Ferric Chloride used
for wastewater treatment in the amount of $20,000.00. (Whitt)
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving a resolution authorizing the City Manager to execute a contract
for services with SPAN Inc. for purposes of providing nutrition, transportation, and social
services to residents of The Colony. (Perez)
5.2 Conduct a public hearing, discuss and consider an ordinance regarding the approval of a request
for a Specific Use Permit (SUP) to allow for "Robbie's Retro Game Store" [Thrift Store] with
conditions that (1) the thrift store be located within two miles of another thrift store and (2) that
the thrift store is an anchor store in a shopping center; located at 7512 Main Street, Suite 208 ap-
proximately 3,410 sq.ft, located within the Light Commercial (LC) Zoning District and Gateway
Overlay District. (Williams)
5.3 Discuss and consider the City of The Colony Proposed Preliminary Municipal Budget 2025-
2026. (Miller)
5.4 Conduct a public hearing, discuss and consider the City of The Colony Fiscal Year Budget
beginning October 1, 2025 through September 30, 2026; providing for intra and inter
departmental fund transfers; providing that expenditures for said Fiscal Year to be made in
accordance with said budget. (Miller)
5.5 Conduct a public hearing and discuss the proposed 2025-2026 tax rate not to exceed $0.63000
cents per $100 valuation for the taxable value of real and personal property located within the
City of The Colony, and announce that the tax rate will be voted on September 2, 2025 at 6:30
p.m. at The Colony City Hall, 6800 Main Street. (Miller)
REGULAR SESSION OF THE CITY COUNCIL Agenda
Meeting Date: 08/19/2025
2
5.6 Discuss and consider approving a resolution accepting a preliminary service and assessment
plan for the City of The Colony Public Improvement District, and assessment roll on properties
located within the Public Improvement District No. 1. for the Fiscal Year 2025-26, and schedule
a public hearing for September 16, 2025, concerning the levy of special assessments. (Maurina)
5.7 Discuss and appoint members to The Colony 50th Anniversary Planning Committee. (Council)
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).
B. Council shall convene into a closed executive session pursuant to Section 551.074 of the
Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or
dismissal of the City Secretary.
C. Council shall convene into a closed executive session pursuant to Section 551.074 of the
Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or
dismissal of the City Manager.
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).
B. Any action as a result of executive session regarding the evaluation, reassignment, duties,
discipline, or dismissal of the City Secretary.
C. Any action as a result of executive session regarding the evaluation, reassignment, duties,
discipline, or dismissal of the City Manager.
EXECUTIVE SESSION NOTICE
Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the
above items may be considered in executive session closed to the public, including but not
limited to consultation with attorney pursuant to Texas Government Code Section 551.071
arising out of the attorney's ethical duty to advise the city concerning legal issues arising from
an agenda item. Any decision held on such matter will be taken or conducted in open session
following the conclusion of the executive session.
ADJOURNMENT
Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as
interpreters for persons who are deaf or hearing impaired, readers or, large print are requested
to contact the City Secretary's Office, at 972-624-3105 at least two (2) working days prior to the
meeting so that appropriate arrangements can be made.
REGULAR SESSION OF THE CITY COUNCIL Agenda
Meeting Date: 08/19/2025
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_________________________________________
Tina Stewart, TRMC, CMC, City Secretary
CERTIFICATION
I hereby certify that above notice of meeting was posted outside the front door of City Hall by 5 p.m. on
the 13 day of August 2025.
REGULAR SESSION OF THE CITY COUNCIL Agenda
Meeting Date: 08/19/2025
4
Agenda Item No: 1.4
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section: routine announcements, recognitions and proclamations
Suggested Action:
Salute to the Texas Flag
Background:
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Agenda Item No: 1.6
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: Library
Item Type: Announcement
Agenda Section: routine announcements, recognitions and proclamations
Suggested Action:
Receive presentation from the Library regarding upcoming events and activities. (Charters)
Background:
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Agenda Item No: 3.1
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: Community Image
Item Type: Discussion
Agenda Section: work session
Suggested Action:
Receive a presentation regarding property maintenance and the responsibilities of owners, landlords,
and tenants. (Browder)
Background:
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Agenda Item No: 3.2
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section: work session
Suggested Action:
Council to provide direction to staff regarding future agenda items. (Council)
Background:
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Agenda Item No: 4.1
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section: consent agenda
Suggested Action:
Consider approving City Council Regular Session meeting minutes from August 5, 2025. (Stewart)
Background:
Attachments:
Aug. 5, 2025 Minutes.docx
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
August 5, 2025
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:32 p.m. on the 5 day of August 2025, at City Hall, 6800 Main Street, The Colony, Texas,
with the following roll call:
Richard Boyer, Mayor
Judy Ensweiler, Mayor Pro Tem
Robyn Holtz, Councilmember
Brian Wade, Councilmember
Dan Rainey, Councilmember
Perry Schrag, Councilmember
Joel Marks, Deputy Mayor Pro Tem
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 6:32 p.m.
1.2 Invocation
Councilmember Schrag 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
1.6 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
Special Events Supervisor, Chloe Hancock, provided upcoming events and
activities to the Council.
2.0 CITIZEN INPUT
None
3.0 WORK SESSION
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City Council – Regular Meeting Agenda
August 5, 2025
Page| 2
3.1 Council to receive a presentation from ZacTax on a Tax Assessment Analysis
completed for the City.
Co-Founder & CEO, Patrick Lawler, ZacTax provided a tax assessment analysis to
City Council.
3.2 Council to receive presentation and provide direction on FM 423 street lighting
condition and repair analysis.
Assistant City Manager, Tim Miller provided an overview of the item to City Council.
3.3 Council to provide direction to staff regarding future agenda items.
Mayor Boyer requested to place the appointment of members to The Colony 50th
Anniversary Committee and city manager’s contract on the next City Council meeting
agenda.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda - Marks; second by Rainey, motion
carried with all ayes.
4.1 Consider approving City Council Special Session and Regular Session meeting minutes
from July 15, 2025.
4.2 Consider approving Council expenditures for April and May 2025.
4.3 Consider approving a resolution authorizing the City Manager to execute a Construction
Services Contract with Capko Concrete Structures, LLC, for the Plano Parkway Drainage
Outfall Energy Dissipator Project in the amount of $323,751.00.
RESOLUTION NO. 2025-079
4.4 Consider approving a resolution authorizing the City Manger to issue a purchase order to
Haloz36 to provide marked police vehicle upfitting services for two marked police
vehicles in the estimated amount of $60,767.60.
RESOLUTION NO. 2025-080
4.5 Consider approving a resolution authorizing the City Manager to ex ecute an Interlocal
Cooperation Agreement with Denton County in the amount of $67,105.00 for the City of
The Colony to provide fire protection and emergency ambulance services beginning
October 1, 2025 through September 30, 2027.
RESOLUTION NO. 2025-081
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City Council – Regular Meeting Agenda
August 5, 2025
Page| 3
4.6 Consider approving a resolution authorizing the City Manager to execute a Professional
Services Agreement with Dunaway for the design of RV Loops at Stewart Creek Park in
the amount not to exceed $167,400.00 to be funded by the Lake Parks Fund.
RESOLUTION NO. 2025-082
4.7 Consider approving a resolution authorizing the City Manager to issue a change order to
Purchase Order No. 25-05125 with Camelot Landfill for sludge hauling in the amount of
$50,000.00.
RESOLUTION NO. 2025-083
4.8 Consider approving a resolution authorizing the City Manager to execute an emergency
construction services contract with Pennington Concrete & Utilities, LLC for the
reconstruction of approximately 90 linear feet of Paige Road and approximately 60 linear
feet of storm drain in the amount of $114,567.27.
RESOLUTION NO. 2025-084
4.9 Consider approving an ordinance authorizing the City Manager to execute the sale of
certain parkland generally located at 4529 and 4531 W. Lake Highlands Drive and all
actions related thereto.
ORDINANCE NO. 2025-2613
4.10 Consider approving a resolution authorizing the City Manager to participate in and
execute any appropriate documentation related to the Purdue Pharma L.P. National
Opioid Settlement brought by the State of Texas.
RESOLUTION NO. 2025-085
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider the proposed 2026 tax rate of $0.6300 per $100 of property valuation
and setting the date for public hearing on the budget, tax rate, and Grandscape PID
assessment for August 19, 2025.
Assistant City Manager, Tim Miller provided an overview on the item.
Council provided discussion on the item.
Motion to approve- Schrag; second by Marks, motion carried with all ayes.
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City Council – Regular Meeting Agenda
August 5, 2025
Page| 4
5.2 Discuss and consider approving a resolution authorizing the City Manager to execute a
Professional Services Agreement with Parkhill for design services for the Police
Department and Fire Administration Renovation (Old Community Center) in the amount
not to exceed $259,380.00.
Community Services Director, Jackie Kopsa provided an overview on the item.
Council provided discussion on the item.
Motion to approve- Schrag; second by Holtz, motion carried with all ayes.
RESOLUTION NO. 2025-086
Executive Session was convened at 8:16 p.m.
6.0 EXECUTIVE SESSION
6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and
551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease
or value of real property and commercial or financial information the city has received
from a business prospect(s), and to deliberate the offer of a financial or other incentive to
a business prospect(s).
Regular Session was reconvened at 9:13 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 9:13 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
13
Agenda Item No: 4.2
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section: consent agenda
Suggested Action:
Consider approving Council expenditures for June 2025. (Council)
Background:
Attachments:
City Council June Expenditures.pdf
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COLONYSENIOR 880.00 66.03 116 38 0 0 24 130 154 0 0Oct 24 154 18 16.1 16.8 112 0
COLONYSENIOR 758.00 55.85 100 16 0 0 38 78 116 0 0Nov 24 116 13.6 13.9 14.2 86 0
COLONYSENIOR 844.00 61.62 117 18 0 0 55 80 135 0 0Dec 24 135 15.8 15.5 15.7 99 0
COLONYSENIOR 1030.00 72.93 124 19 0 0 61 82 143 0 0Jan 25 143 16.7 18.9 18.6 111 0
COLONYSENIOR 924.00 63.25 120 22 0 0 37 105 142 0 0Feb 25 142 16.6 16.9 16.1 100 0
COLONYSENIOR 1025.00 73.17 141 24 0 0 57 108 165 0 0Mar 25 165 19.3 18.8 18.6 120 0
855 5461.00 392.85 718 137 0 0 272 583 855 0 0100100.1 100 628 0
Totals 855 5461.00 392.85 718 137 0 0 272 583 855 0 0
Dates between 10/1/2024 12:00:00 AM and 3/31/2025 12:00:00 AM; Account = COLONYSENIOR;
100%100%100
%
628 0
Acct Rides Pass Miles Pass Hours 65 andover60 to 6418 to 600 to 18M F
Non
Amb
SPAN, Inc.
Tuesday Oct 01, 2024 - Monday Mar 31, 2025
Ride Data Report
Month %%%DisabledAmbAttendantsChildren6/30/2025 8:31:07 AM 1 1Page of
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Agenda Item No: 4.3
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: General Admin
Item Type: Ordinance
Agenda Section: consent agenda
Suggested Action:
Consider approving an ordinance authorizing the Mayor to execute a Negotiated Settlement Agreement
between Atmos Cities Steering Committee and Atmos Energy Corporation, MID-TEX Division regarding
the company's 2025 Rate Review Mechanism Filing. (Miller)
Background:
Attachments:
Atmos Mid-Tex 2025 RRM Model Staff Report.docx
Attachment 1_CY24 MTX RRM - Tariffs.pdf
Attachment 2_CY24 MTX RRM - Pension Benchmark.pdf
CY24 MTX RRM - Average Bill.pdf
Ord. XXXX Atmos Mid-Tex 2025 RRM.docx
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1
August 7, 2025
MODEL STAFF REPORT FOR RESOLUTION OR ORDINANCE
BACKGROUND AND SUMMARY
The City, along with 181 other Mid-Texas cities served by Atmos Energy Corporation, Mid-
Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the
Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment
commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program
legislation). That settlement created a substitute rate review process, referred to as Rate Review
Mechanism (“RRM”), as a substitute for future filings under the GRIP statute.
Since 2007, there have been several modifications to the original RRM Tariff. The most
recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018.
On or about April 1, 2025, the Company filed a rate request pursuant to the RRM Tariff adopted by
ACSC members. The Company claimed that its cost-of-service in a test year ending
December 31, 2024, entitled it to additional system-wide revenues of $245.2 million.
Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request
to $225.6 million, $163.5 million of which would be applicable to ACSC members. After reviewing
the filing and conducting discovery, ACSC’s consultants concluded that the system-wide deficiency
under the RRM regime should be $185.6 million instead of the claimed $245.2 million.
After several settlement meetings, the parties have agreed to settle the case for $205.6 million.
This is a reduction of $20 million to the Company’s initial request. This includes payment of ACSC’s
expenses. The Effective Date for new rates is October 1, 2025. ACSC members should take action
approving the Resolution/Ordinance before October 1, 2025.
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RATE TARIFFS
Atmos generated rate tariffs attached to the Resolution/Ordinance that will generate $205.6
million in additional revenues. Atmos also prepared a Proof of Revenues supporting the settlement
figures. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate.
BILL IMPACT
The impact of the settlement on average residential rates is an increase of $7.83 on a monthly
basis, or 9.27%. The increase for average commercial usage will be $25.73 or 6.56%. Atmos
provided bill impact comparisons containing these figures.
SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP
PROCESS
ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by
ignoring declining expenses and increasing revenues while rewarding the Company for increasing
capital investment on an annual basis. The GRIP process does not allow any review of the
reasonableness of capital investment and does not allow cities to participate in the Railroad
Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The
Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full
hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the
GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the RRM
process has allowed for a more comprehensive rate review and annual evaluation of expenses and
revenues, as well as capital investment.
RRM SAVINGS OVER GRIP
While residents outside municipal limits must pay rates governed by GRIP, there are some
cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM.
Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When
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new rates become effective on October 1, 2025, ACSC residents will maintain an economic monthly
advantage over GRIP and DARR rates.
Comparison to Other Mid-Tex Rates (Residential)
Average Bill Compared to RRM Cities
RRM Cities: $54.68 -
DARR: $58.57 $3.89
ATM Cities: $57.39 $2.71
Environs: $55.96 $1.28
Note: ATM Cities and Environs rates are as-filed. Also note that DARR uses a test year ending in
September rather than December.
EXPLANATION OF “BE IT RESOLVED” PARAGRAPHS:
1. This section approves all findings in the Resolution/Ordinance.
2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just,
reasonable, and in the public interest.
3. This section makes it clear that Cities may challenge future costs associated with gas leaks.
4. This section finds that existing rates are unreasonable. Such finding is a necessary predicate
to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an
additional $205.6 million on a system-wide basis.
5. This section approves an exhibit that establishes a benchmark for pensions and retiree medical
benefits to be used in future rate cases or RRM filings.
6. This section requires the Company to reimburse the City for expenses associated with review
of the RRM filing, settlement discussions, and adoption of the Resolution/Ordinance
approving new rate tariffs.
7. This section repeals any resolution or ordinance that is inconsistent with the
Resolution/Ordinance.
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8. This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
9. This section is a savings clause, which provides that if any section is later found to be
unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining
provisions of this Resolution/Ordinance. This section further directs that the remaining
provisions of the Resolution/Ordinance are to be interpreted as if the offending section or
clause never existed.
10. This section provides for an effective date upon passage.
11. This section directs that a copy of the signed Resolution/Ordinance be sent to a representative
of the Company and legal counsel for ACSC.
CONCLUSION
The Legislature’s GRIP process allowed gas utilities to receive annual rate increases
associated with capital investments. The RRM process has proven to result in a more efficient and
less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than
the GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to
recover $245.2 million in additional system-wide revenues, the RRM settlement at $205.6 million for
ACSC members reflects substantial savings to ACSC cities. Settlement at $205.6 million is fair and
reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members
urges all ACSC members to pass the Resolution/Ordinance before October 1, 2025. New rates
become effective October 1, 2025.
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MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: R – RESIDENTIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Bill
$ 23.65 per month
Rider CEE Surcharge
$ 0.03 per month 1
Total Customer Charge
$ 23.68 per month
Commodity Charge – All Ccf
$ 0.74748 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2025.
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MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: C – COMMERCIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished. Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Bill
$ 94.00 per month
Rider CEE Surcharge
$ 0.01 per month 1
Total Customer Charge
$ 94.01 per month
Commodity Charge – All Ccf
$ 0.22261 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Presumption of Plant Protection Level
For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal,
regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer
believes it needs to be modeled at an alternative plant protection volume, it should contact the company
at mdtx-div-plantprotection@atmosenergy.com.
1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2025.
61
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Meter
$ 1,848.75 per month
First 0 MMBtu to 1,500 MMBtu
$ 0.7678 per MMBtu
Next 3,500 MMBtu
$ 0.5623 per MMBtu
All MMBtu over 5,000 MMBtu
$ 0.1206 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
62
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
Presumption of Plant Protection Level
For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal,
regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer
believes it needs to be modeled at an alternative plant protection volume, it should contact the company
at mdtx-div-plantprotection@atmosenergy.com.
63
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for
use in Customer's facility.
This tariff is not available to customers with a maximum daily demand of 1,000 MMBtu or greater and a
daily/annual load factor of 10% or less. Load factor is calculated as follows: annual usage / (maximum
daily connected demand X 365). Load factors will be recalculated once each year to determine
appropriate eligibility for Rate T.
Type of Service
Company’s receipt and delivery of all gas quantities under the applicable Transportation Agreement will be
on a wholly interruptible basis subject to the Terms and Conditions incorporated in the Transportation
Agreement. If Customer is an Industrial Customer, then Customer may elect, at the reasonable discretion
of Company, to contract for Plant Protection transportation quantities defined as the minimum natural gas
required to prevent physical harm and/or protect critical safety to the plant facilities, plant personnel, or the
public when such protection cannot be achieved through the use of an alternate fuel. Where service of the
type desired by Customer is not already available at the Point of Delivery, additional charges and special
contract arrangements between Company and Customer may be required prior to service being
furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge
Amount
Customer Charge per Meter
$ 1,848.75 per month
First 0 MMBtu to 1,500 MMBtu
$ 0.7678 per MMBtu
Next 3,500 MMBtu
$ 0.5623 per MMBtu
All MMBtu over 5,000 MMBtu
$ 0.1206 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
64
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu
between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer’s receipt quantities for the month.
Overpull Fee
Upon notification by Company of an event of interruption of Customer’s deliveries, Customer will, for each
MMBtu delivered in excess of the stated level of interruption, pay Company 200% of the midpoint price for
the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily
Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
65
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: SUR – SURCHARGES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025
Application
This Rider is applicable to customer classes in the incorporated areas under the RRM tariff as authorized
by the state or any governmental entity, a municipality, or a regulatory authority pursuant to any statute,
ordinance, order, rule, contract, or agreement.
Monthly Calculation
Surcharges will be calculated in accordance with the applicable statute, ordinance, order, rule, contract,
or agreement.
FASB ASC 740-10 (Fin48) Refund
Applicable to Customers taking service under Rate Schedules R – Residential, C – Commercial, I –
Industrial and T – Transportation.
To ensure that gas utility customers receive the benefit associated with the changes in the Company’s
Uncertain Tax Positions (“UTPs”) arising from recognition of Texas Margin Tax returns.
The decrease shall be calculated as follows:
Beginning with implementation of rates from the negotiated RRM Tariff, and annually thereafter, the
portion of UTP liabilities identified in Schedule FIN48-1.1 for the prior fiscal year shall be allocated based
on the final class allocations of GUD No. 10170 as per the RRM Tariff, divided by the annual bill count to
derive rates to be refunded through Rider SUR in the subsequent fiscal year. Each year’s calculation will
include a true-up (+ or - ) due to account for over/under collections. Amounts identified in Schedule
FIN48-1 shall be adjusted to reflect any audit adjustments received from the Texas Comptroller of Public
Accounts.
No action on the part of the Regulatory Authority is required to give effect to the amount to be refunded to
customers. However, any amount refunded to customers shall be fully subject to review for
reasonableness and accuracy in the gas utility’s next statement of intent proceeding with the Railroad
Commission of Texas, and if applicable, the gas utility shall be required to reconcile any discrepancies.
The following refund as authorized in the most recent negotiated RRM Tariff shall be refunded to each
Rate Schedules R – Residential, C – Commercial, I – Industrial and T – Transportation customer’s
monthly bill in each month for a 12-month period. The refund amount by month by Rate Schedule is
shown in the table below:
Rate Schedules Rate
Rate R – Residential Sales $ (0.12)
Rate C – Commercial Sales $ (0.41)
Rate I – Industrial Sales $ (8.68)
Rate T – Transportation $ (8.68)
66
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: TAX – TAX ADJUSTMENT
APPLICABLE TO: Entire Division as Set Forth Below
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025 PAGE:
Application
Applicable to Customers taking service under Rate R, Rate C, Rate I, and Rate T, except for exempt
State Agency Customers, to the extent of state gross receipts taxes only.
1. State Gross Receipts Taxes
Applicability - Entire Division except for Unincorporated Areas
Each monthly bill shall be adjusted for Miscellaneous state gross receipts taxes imposed by Sections
182-021 - 182-025 of the Texas Tax Code.
Entire Division
Each monthly bill shall also be adjusted by an amount equivalent to the amount of all applicable taxes
and any other governmental impositions, rentals, fees, or charges (except state, county, city, and special
district ad valorem taxes and taxes on net income) levied, assessed, or imposed upon or allocated to
Company with respect to the Gas Service provided to Customer by Company, and any associated
facilities involved in the performance of such Gas Service. Each monthly bill shall also be adjusted by an
amount equivalent to the proportionate part of any increase or decrease of any tax and any other
governmental imposition, rental, fee, or charge (except state, county, city, and special district ad valorem
taxes and taxes on net income) levied, assessed, or imposed subsequent to the effective date of this
tariff, upon or allocated to Company's operations, by any new or amended law, ordinance, or contract.
2. Federal or State Tax Law or Rate Changes:
Applicability – All Customers in the Mid-Tex Division (“MTX”) Under the RRM Tariff
Applicable to Customers taking service under Rate R, Rate C, Rate I, and Rate T.
To ensure that gas utility customers receive the benefits or costs associated with the changes in tax rates
at a federal or state level, MTX shall establish and accrue on its books and records, as of the effective
date of the federal or state tax law or rate change: 1) regulatory liabilities to reflect the impact of a
decrease in federal corporate income tax rates or state margin tax rates; or, 2) regulatory assets to reflect
the impact of an increase in federal corporate income tax rates or state margin tax rates.
The gas utility may not change rates to give effect to a change in Federal or State Tax law or rates
through the Rider TAX unless and until the city issues final authorization, an Accounting Order, or other
express guidance authorizing such recovery through the RRM process.
Company may also not change rates to capture the impacts associated with the effects of Public Law
117-169, 136 STAT. 1818 of August 16, 2022 (“Tax Act 2022”) and certain other tax-related costs that will
change from the amounts included in the most recent base revenue requirement established through an
RRM filing unless and until the city issues a final authorization, an Accounting Order, or other express
guidance authorizing such recovery.
Upon receipt of authorization from the city through an Accounting Order, final authorization or other
express guidance, the calculation applicable to the aforementioned federal or state tax rate or law
changes are as follows; however, to the extent there is a conflict between the calculation or methodology
67
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: TAX – TAX ADJUSTMENT
APPLICABLE TO: Entire Division as Set Forth Below
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025 PAGE:
prescribed by an Accounting Order, final authorization, or other express guidance, and those contained in
this rate schedule, the Accounting Order, final authorization, or other express guidance controls:
Calculations
1. With regard to changes in the tax rates at a federal or state level, the increase or decrease shall
be calculated as follows:
a. A portion of the gas utility’s revenue representing the difference between: 1) the cost of
service as approved by the Commission or the applicable regulatory authority in the gas
utility’s most recent statement of intent or other rate proceeding, and 2) the cost of service
that would have resulted had the rates been based on the new federal income tax rate
(increase or decrease) or state margin taxes (increase or decrease), as of the effective date
of the change;
b. If applicable, the portion of the gas utility’s revenue representing the difference between: 1)
each Interim Rate Adjustment surcharge approved by the regulatory authority since the gas
utility’s most recent statement of intent or other rate proceeding, and 2) each Interim Rate
Adjustment surcharge that would have resulted had the surcharges been based on the new
federal income tax rate (increase or decrease) or state margin taxes (increase or decrease),
as of the effective date of the change; and
c. The excess or deficient deferred tax reserve, including any associated gross up in taxes,
caused by the reduction or increase in the federal corporate income tax rate or state related
tax increases, as of the effective date of the change.
Upon the receipt of authorization from the Commission or applicable regulatory authority, the gas utility
shall separately refund to customers based on a decrease in federal or state tax rates or separately
collect from customers based on an increase in federal or state tax rates within twelve (12) months or,
pursuant to applicable Internal Revenue Code (“IRC”) rules and regulations, as follows:
d. The amount collected/refunded by the gas utility that reflects the difference in base rates
between: 1) the cost of service approved by the regulatory authority in the gas utility’s most
recent statement of intent rate proceeding, and 2) the cost of service that would have resulted
had the rates been based upon the new federal or state tax rates, between the effective date
of this order and the effective date of the changes.
e. If applicable, the amount collected/refunded by the gas utility that reflects the difference
between: 1) each Interim Rate Adjustment surcharge approved by the Commission or the
regulatory authority since the gas utility’s most recent statement of intent rate proceeding,
and 2) each Interim Rate Adjustment surcharge that would have resulted had the rates been
based upon the new federal or state tax rates, between the effective date of this order and
the effective date of the changes.
f. The amount collected/refunded by the gas utility that reflects the difference in the excess or
deficient deferred tax reserve included in base rates between: 1) the cost of service
approved by the Commission or the regulatory authority in the gas utility’s most recent
statement of intent rate proceeding, and 2) the cost of service that would have resulted had
the rates been based upon the new federal or state tax rates, between the effective date of
this order and the effective date of the changes. These amounts shall be refunded or
collected from customers based upon IRC rules and regulations if applicable.
68
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: TAX – TAX ADJUSTMENT
APPLICABLE TO: Entire Division as Set Forth Below
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025 PAGE:
2. With regard to the Tax Act 2022 and certain other tax-related costs that will change from the
amounts included in the base revenue requirement established through an RRM filing, any
change in rates shall be calculated as follows:
(a) The amount shall be calculated as the product of Company’s grossed-up rate of return
authorized in the cost of service as approved by the Commission or the applicable regulatory
authority in the gas utility’s most recent statement of intent or other rate proceeding times the
Corporate Alternative Minimum Tax deferred tax asset (“CAMT DTA") estimated at
September 30 of the fiscal year or applicable quarter-end within a fiscal year prior to the
annual change in the rates pursuant to this tariff, less the income tax credits received in
accordance with IRC requirements applicable to the Tax Act 2022 grossed-up for income
taxes to a revenue equivalent.
(b) The estimated CAMT DTA and the related effects on the rider revenue requirements shall be
trued up to the actual effects in the following year and the over/under recovery amortized
over the twelve months that each year’s recalculated tariff rates are in effect. The over/under
recovery shall include a grossed-up rate of return as authorized in Company’s most recent
statement of intent or other rate proceeding.
(c) The methodology for computing Company's CAMT is as follows:
i. Confirm when Atmos Energy Corporation and its affiliates are subject to CAMT
as an “applicable corporation” as defined the Tax Act 2022, then there will be
MTX’s CAMT DTA in the tariff.
ii. Calculate the Mid-Tex Division’s (MTX) contribution to Adjusted Financial
Statement Income (“AFSI”) on a stand-alone basis. MTX’s AFSI is calculated by
adjusting MTX’s applicable financial statement income by adjustments to
depreciation, pension costs and federal income tax to arrive at AFSI. AFSI is
intended to be computed consistent with applicable IRC requirements.
iii. Compare MTX’s CAMT stand-alone amount with MTX’s regular stand-alone tax
liability. If the stand alone CAMT is in excess of the stand-alone regular tax, the
CAMT DTA is recorded to MTX.
If the Internal Revenue Service issues new guidance related to the Tax Act 2022, Company shall have
the right to make additional filings to recognize such adjustments.
Any Commission filing made to give effect to Federal or State Tax Law or Rate Changes shall be filed
within 12-months following the enactment of a tax rate change with the Commission’s Oversight and
Safety Division or as part of a Statement of Intent.
Any city filing made to give effect to Federal or State Tax Law or Rate Changes shall be filed within 12-
months following the enactment of a tax rate change and addressed to the city official at the address of
record with the Mid-Tex Division.
With the exception of the authorization required from the Commission to allow the gas utility to recognize
the new federal income tax rate (increase or decrease) or state taxes (increase or decrease) or the
impacts associated with the effects of the Tax Act 2022 and certain other tax-related costs that will
change from the amounts included in the base revenue requirement in the last approved RRM Tariff filing,
no action on the part of the regulatory authority is required to give effect to the amount to be refunded or
69
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: TAX – TAX ADJUSTMENT
APPLICABLE TO: Entire Division as Set Forth Below
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025 PAGE:
collected from customers. However, any amount refunded or collected from customers shall be fully
subject to review for reasonableness and accuracy in the gas utility’s next statement of intent proceeding,
and if applicable, the gas utility shall be required to reconcile any discrepancies.
Regulatory orders issued pursuant to this mechanism are ratemaking orders and shall be subject to
appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007). Rate
changes subject to the provisions of this tariff may be implemented upon the filing of an appeal to the
relevant authority.
70
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Ccf by the following formula:
(HSFi x (NDD-ADD) )
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Ccf
Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi = heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA i = WNAF i x q ij
Where q ij is the relevant sales quantity for the jth customer in ith rate schedule.
71
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2025
Base Use/Heat Use Factors
Residential Commercial
Base use Heat use Base use Heat use
Weather Station Ccf Ccf/HDD Ccf Ccf/HDD
Abilene 9.61 0.1476 91.65 0.7406
Austin 8.19 0.1394 183.99 1.1581
Dallas 12.74 0.2017 193.53 1.1001
Waco 9.23 0.1277 148.26 0.7631
Wichita
Falls
10.43
0.1387 122.94 0.7038
Weather Normalization Adjustment (WNA) Report
On or before June 1 of each year, the company posts on its website at
www.atmosenergy.com/MTXtariffs, in Excel format, a Weather Normalization Adjustment (WNA) Report
to show how the company calculated its WNAs factor during the preceding winter season. Additionally,
on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA
Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that
Division.
72
Line
No.Description
Pension
Account Plan
Post-
Employment
Benefit Plan
Pension
Account Plan
Post-
Employment
Benefit Plan
Supplemental
Executive Benefit
Plan
Adjustment
Total
(a)(b)(c)(d)(e)(f)(g)
1 Proposed Benefits Benchmark -
Fiscal Year 2025 Willis Towers Watson Report as adjusted 572,372$ (649,253)$ 882,931$ (3,920,499)$ 65,943$
2 Allocation Factor 46.27%46.27%84.14%84.14%100.00%
3 Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln 2)264,856$ (300,432)$ 742,888$ (3,298,664)$ 65,943$
4 O&M and Capital Allocation Factor 100.00%100.00%100.00%100.00%100.00%
5 Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4)264,856$ (300,432)$ 742,888$ (3,298,664)$ 65,943$ (2,525,408)$
6
7 O&M Expense Factor 76.41%76.41%39.54%39.54%10.97%
8
9 Summary of Costs to Approve:
10 Total Pension Account Plan 202,374$ 293,727$ 496,101$
11 Total Post-Employment Benefit Plan (229,557)$ (1,304,242)$ (1,533,799)
12 Total Supplemental Executive Benefit Plan 7,231$ 7,231
13 Total (Ln 10 + Ln 11 + Ln 12)202,374$ (229,557)$ 293,727$ (1,304,242)$ 7,231$ (1,030,467)$
ATMOS ENERGY CORP., MID-TEX DIVISION
MID-TEX RATE REVIEW MECHANISM
PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL
TEST YEAR ENDING DECEMBER 31, 2024
Shared Services Mid-Tex Direct
73
Line No.Description
Average
Volumes
Current
Rates
Proposed
Rates
Current
Average Bill
Proposed
Average Bill
Amount
Change
Percent
Change
(a)(b)(c)(d)(e)(f)(g)(h)
1 Rate R @ 42.1 Ccf
2 Base Rates:
3 Customer Charge 22.95$ 23.65$ 22.95$ 23.65$ 0.70$
4 Consumption Charge (Ccf)42.1 0.58974$ 0.74748$ 24.80 31.44 6.64
5 Total Base Rates 47.75$ 55.09$ 7.34$ 15.37%
6
7 Gas Cost:
8 Rider GCR Part A (Ccf)42.1 0.20875$ 0.20875$ 8.78$ 8.78$ -$
9 Rider GCR Part B (Ccf)42.1 0.53838$ 0.53838$ 22.64 22.64 -
10 Total Gas Cost 31.42$ 31.42$ -$ 0.00%
11
12 Total Base with Gas Cost 79.17$ 86.51$ 7.34$
13 Rider FF & Rider TAX 0.06725 0.06725 5.32 5.82 0.49 9.27%
14
15 Total Residential Average Bill 84.49$ 92.33$ 7.83$ 9.27%
16
17 Rate C @ 367.6 Ccf
18 Base Rates:
19 Customer Charge 81.75$ 94.00$ 81.75$ 94.00$ 12.25$
20 Consumption Charge (Ccf)367.6 0.19033$ 0.22261$ 69.97 81.83 11.86
21 Total Base Rates 151.72$ 175.83$ 24.11$ 15.89%
22
23 Gas Cost:
24 Rider GCR Part A 367.6 0.20875$ 0.20875$ 76.74$ 76.74$ -$
25 Rider GCR Part B 367.6 0.37860$ 0.37860$ 139.18 139.18 -
26 Total Gas Cost 215.92$ 215.92$ -$ 0.00%
27
28 Total Base with Gas Cost 367.64$ 391.75$ 24.11$
29 Rider FF & Rider TAX 0.06725 0.06725 24.72 26.35 1.62 6.56%
30
31 Total Commercial Average Bill 392.36$ 418.10$ 25.73$ 6.56%
32
ATMOS ENERGY CORP., MID-TEX DIVISION
MID-TEX RATE REVIEW MECHANISM
AVERAGE BILL COMPARISON - BASE RATES
TEST YEAR ENDING DECEMBER 31, 2024
74
Line No.Description
Average
Volumes
Current
Rates
Proposed
Rates
Current
Average Bill
Proposed
Average Bill
Amount
Change
Percent
Change
(a)(b)(c)(d)(e)(f)(g)(h)
ATMOS ENERGY CORP., MID-TEX DIVISION
MID-TEX RATE REVIEW MECHANISM
AVERAGE BILL COMPARISON - BASE RATES
TEST YEAR ENDING DECEMBER 31, 2024
33 Rate I at 1277 MMBTU
34 Base Rates:
35 Customer Charge $1,587.75 1,848.75$ 1,587.75$ 1,848.75$ 261.00$
36 Block 1 - Consumption Charge (MMBtu)1,277 0.6553$ 0.7678$ 836.99 980.69 143.69
37 Block 2 - Consumption Charge (MMBtu)- 0.4799$ 0.5623$ - - -
38 Block 3 - Consumption Charge (MMBtu)- 0.1029$ 0.1206$ - - -
39 Total Base Rates 1,277 2,424.74$ 2,829.44$ 404.69$ 16.69%
40
41 Gas Cost:
42 Rider GCR Part A (MMBtu)1,277 2.07711$ 2.07711$ 2,653.03$ 2,653.03$ -$
43 Rider GCR Part B (MMBtu)1,277 0.88986$ 0.88986$ 1,136.59 1,136.59 -
44 Total Gas Cost 3,789.63$ 3,789.63$ -$ 0.00%
45
46 Total Base with Gas Cost 6,214.37$ 6,619.07$ 404.69$
47 Rider FF and Rider TAX 0.06725 0.06725 417.92 445.14 27.22 6.51%
48
49 Total Industrial Average Bill 6,632.29$ 7,064.20$ 431.91$ 6.51%
50
51 Rate T at 4534 MMBTU
52 Base Rates:
53 Customer Charge $1,587.75 1,848.75$ 1,587.75$ 1,848.75$ 261.00$
54 Block 1 - Consumption Charge (MMBtu)1,500 0.6553$ 0.7678$ 982.95 1,151.70 168.75
55 Block 2 - Consumption Charge (MMBtu)3,034 0.4799$ 0.5623$ 1,456.19 1,706.22 250.03
56 Block 3 - Consumption Charge (MMBtu)- 0.1029$ 0.1206$ - - -
57 Total Base Rates 4,534 4,026.89$ 4,706.67$ 679.78$ 16.88%
58
59 Gas Cost:
60 Rider GCR Part B (MMBtu)4,534 0.88986$ 0.88986$ 4,034.96$ 4,034.96$ -$
61 Total Gas Cost 4,034.96$ 4,034.96$ -$ 0.00%
62
63 Total Base with Gas Cost 8,061.85$ 8,741.63$ 679.78$
64 Rider FF and Rider TAX 0.06725 0.06725 542.17 587.88 45.72 8.43%
65
66 Total Transportation Average Bill 8,604.01$ 9,329.51$ 725.50$ 8.43%
75
1
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2025-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A NEGOTIATED SETTLEMENT
BETWEEN THE ATMOS CITIES STEERING COMMITTEE
(“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION
REGARDING THE COMPANY’S 2025 RATE REVIEW
MECHANISM FILING; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE
ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT; FINDING THE RATES TO BE SET BY THE
ATTACHED SETTLEMENT TARIFFS TO BE JUST AND
REASONABLE AND IN THE PUBLIC INTEREST; APPROVING
AN ATTACHMENT ESTABLISHING A BENCHMARK FOR
PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING
THE COMPANY TO REIMBURSE ACSC’S REASONABLE
RATEMAKING EXPENSES; DETERMINING THAT THIS
ORDINANCE WAS PASSED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT;
ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE
DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO
THE COMPANY AND THE ACSC’S LEGAL COUNSEL.
WHEREAS, the City of The Colony, Texas (“City”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority
with an interest in the rates, charges, and services of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review
Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a
substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the
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Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of
serving the Atmos Mid-Tex Division; and
WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in
2018; and
WHEREAS, on about April 1, 2025 Atmos Mid-Tex filed its 2025 RRM rate request with
ACSC Cities based on a test year ending December 31, 2024; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2025 RRM filing
through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues
identified in the Company’s RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $205.6
million on a system-wide basis with an Effective Date of October 1, 2025; and
WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and
WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from
future reasonableness evaluation of costs associated with incidents related to gas leaks; and
WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent
with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and
are just, reasonable, and in the public interest; and
WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree
medical benefits (Attachment 2); and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses
associated with RRM applications.
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3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That, without prejudice to future litigation of any issue identified by ACSC,
the City Council finds that the settled amount of an increase in revenues of $205.6 million on a
system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the
rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from
Atmos Mid-Tex’s 2025 RRM filing, is in the public interest, and is consistent with the City’s
authority under Section 103.001 of the Texas Utilities Code.
Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC
is not foreclosed in future cases from evaluating the reasonableness of costs associated with
incidents involving leaks of natural gas.
Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are
unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just
and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $205.6
million on a system-wide basis, over the amount allowed under currently approved rates. Such
tariffs are hereby adopted.
Section 5. That the ratemaking treatment for pensions and retiree medical benefits in
Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment 2, attached hereto and
incorporated herein.
Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of
ACSC in processing the Company’s 2025 RRM filing.
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4
Section 7. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this Ordinance, it is hereby repealed.
Section 8. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 10. That consistent with the City Ordinance that established the RRM process,
this Ordinance shall become effective from and after its passage with rates authorized by attached
tariffs to be effective for bills rendered on or after October 1, 2025.
Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris
Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy
Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato,
General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE 19 DAY OF AUGUST
2025.
APPROVED:
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
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2557/39/9074967 5
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
80
Agenda Item No: 4.4
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: General Admin
Item Type: Resolution
Agenda Section: consent agenda
Suggested Action:
Consider approving a resolution authorizing the City Manager to execute a Government Center Lease
Agreement with American Legion Holley-Riddle Post 21 for the Fiscal Year 2025-26. (Shallenburger)
Background:
Attachments:
GC Lease Agreement - AL - 2025-26.pdf
Res. 2025-xxx American Legion HR Lease Agreement.doc
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Page 1 of 11 LAC LEASE
LEASE AGREEMENT
___________________________________________________________________________
1. PARTIES: The parties to this lease are:
The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: American
Legion Holley-Riddle Post 21
2. PROPERTY: Landlord leases to Tenant the following real property:
A portion of the property at 6301 Main Street The Colony, TX 75056 more particularly
identified as area A in Exhibit “A”, referred to herein as the “Property”.
3. TERM:
Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term
of this Lease shall be for a period from October 1, 2025 (the “Commencement Date”), and end
at 11:59 p.m. on the date through September 30, 2026 (the “Expiration Date”) or on such earlier
date as this Lease may terminate as provided herein.
4. RENEWAL AND NOTICE OF TERMINATION:
A. Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of
their intention to renew the lease at the end of the current term.
B. Oral notice of termination is not sufficient under any circumstances. Time is of the essence
for providing notice of termination (strict compliance with dates by which notice must be
provided is required).
5. RENT:
A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each
full month during this lease. The first full month’s rent is due and payable not later than
October 1, 2025. Thereafter, Tenant will pay the monthly rent so that Landlord receives the
monthly rent on or before the first day of each month during this lease. Weekends, holidays,
and mail delays do not excuse Tenant’s obligation to timely pay rent.
B. Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the
following person or entity at the place stated below and shall make all payments payable to
the named person or entity. Landlord may later designate, in writing, another person or place
to which Tenant must remit amounts due under this lease.
Name: City of The Colony, Texas
Address: Parks and Recreation Department
5151 North Colony Boulevard, The Colony, TX 75056
C. Method of Payment:
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(1) Tenant must pay all rent timely and without demand, deduction, or offset, except as
permitted by law or this lease.
(2) Time is of the essence for the payment of rent (strict compliance with rental due dates
is required).
(3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant
is not honored by the institution on which it was drawn, Landlord may require Tenant
to pay such amount and any subsequent amounts under this lease in certified funds.
This paragraph does not limit Landlord from seeking other remedies under this lease
for Tenant’s failure to make timely payments with good funds.
D. Rent Increases: There will be no rent increases through the primary term. Landlord may
increase the rent that will be paid through any subsequent term by providing at least 45 days
written notice to Tenant.
6. LATE CHARGES:
A. If Landlord does not actually receive a rent payment in the full amount at the designated
place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will
pay Landlord for each late payment:
(1) an initial late charge on the 5th day of the month equal to $10.00
and
(2) additional late charges of $5.00 per day beginning on the 6th day of the month until
rent and late charges are paid in full. Total late charges (initial and additional) may not
exceed $50.00 in any one month.
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt
for Landlord (the postmark date is not the date Landlord receives the payment). The parties
agree that the late charge is based on a reasonable estimate of uncertain damages to the
Landlord that are incapable of precise calculation and result from late payment of rent.
Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise
remedies under Paragraph 19.
7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to
Landlord which is returned or not honored by the institution on which it is drawn for any reason,
plus any late charges until Landlord receives payment. Tenant must make any returned check good
by paying such amount(s) plus any associated charges in certified funds.
8. SECURITY DEPOSIT:
A. Security Deposit: Tenant has previously paid Landlord a security deposit in the amount of
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$360.00. “Security deposit” has the meaning assigned to that term in Section 92.102 of the
Texas Property Code.
B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may
place the security deposit in an interest-bearing or income-producing account and any
interest or income earned will be paid to Landlord or Landlord’s representative.
C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender
before Landlord is obligated to refund or account for the security deposit.
D. Deductions:
(1) Landlord may deduct reasonable charges from the security deposit for:
(a) damages to the Property, excluding normal wear and tear;
(b) costs for which Tenant is responsible to clean, deodorize, and maintain the
Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) replacing unreturned keys, garage door openers, security devices, or other
components;
(f) the removal of unauthorized locks or fixtures installed by Tenant;
(g) Landlord’s cost to access the Property if made inaccessible by Tenant;
(h) packing, removing, and storing abandoned property;
(i) removing abandoned or illegally parked vehicles;
(j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default;
(k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred
in any legal proceeding against Tenant;
(l) mailing or delivery costs associated with sending notices to Tenant for any
violations of this lease; and
(m) any other unpaid charges or fees or other items Tenant is responsible to pay under
this lease.
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(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within
10 days after Landlord makes written demand.
9. ACCESS BY LANDLORD:
Landlord shall have access to the building at all times in order to facilitate routine and
emergency maintenance, and necessary storage of any city property associated with the use
of the building.
10. MOVE-OUT:
A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same
or similar condition as when received, normal wear and tear expected. Tenant will leave
the Property in a clean condition free of all trash, debris, and any personal property. Tenant
may not abandon the Property.
B. Definitions:
(1) “Normal wear and tear” means deterioration that occurs without negligence,
carelessness, accident, or abuse outside of normal expectations associated with the
normal use of the facility.
(2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s
reasonable judgment, and one of the following events occurs:
(a) the date Tenant specifies as the move-out or termination date in a written notice
to Landlord has passed; or
(b) Tenant returns keys and access devices that Landlord provided under this lease.
(3) “Abandonment” occurs when all of the following occur:
(a) all occupants have vacated the Property, in Landlord’s reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of
the main entry door or if the Landlord is prevented from entering the Property
by affixing it to the outside of the main entry door, stating that Landlord
considers the Property abandoned, and Tenant fails to respond to the affixed
notice by the time required in the notice, which will not be less than 2 days from
the date the notice is affixed to the main entry door.
C. Personal Property Left After Move-Out:
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(1) If Tenant leaves any personal property in the Property after surrendering or abandoning
the Property Landlord may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization; or
(c) store and sell such personal property by following procedures in Section
54.045(b)-(e) of the Texas Property Code
(2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10
C(1) for packing, removing, storing, and selling the personal property left in the
Property after surrender or abandonment.
11. PROPERTY MAINTENANCE:
A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be
deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must:
(1) keep the Property clean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and
other devices (of the same type and quality that are in the property on the
Commencement Date);
(4) take action to promptly eliminate any dangerous condition on the Property;
(5) take all necessary precautions to prevent broken water pipes due to freezing or other
causes;
(6) remove any standing water;
(7) know the location and operation of the main water cut-off valve and all electric breakers
and how to switch the valve or breakers off at appropriate times to mitigate any
potential damage; and
(8) promptly notify Landlord, in writing, of all needed repairs.
B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized,
such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other
fixtures, such fixtures will become the property of the Landlord. Except as otherwise
permitted by law, this lease, or in writing by Landlord, Tenant may not:
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Page 6 of 11 LAC LEASE
(1) remove any part of the property or any of Landlord’s personal property from the
Property;
(2) remove, change, add, or rekey any lock;
(3) make holes in the woodwork, floors, or walls, except that a reasonable number of small
nails may be used to hang pictures in sheetrock and grooves in paneling;
(4) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm
systems;
(5) keep or permit any material which causes any liability or fire and extended insurance
coverage to be suspended or canceled or any premiums to be increased;
(6) dispose of any environmentally detrimental substance (for example, motor oil or
radiator fluid) on the Property; or
(7) cause or allow any lien to be filed against any portion of the Property.
C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in
addition to exercising Landlord’s remedies under Paragraph 19, perform whatever action
Tenant is obligated to perform and Tenant must immediately reimburse Landlord the
reasonable expenses that Landlord incurs.
12. REPAIRS:
A. Repair Requests: All requests for repairs must be in writing and delivered to Designated
Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given,
Landlord is not obligated to make the repair.
B. Completion of Repairs:
(1) Tenant may not repair or cause to be repaired any condition listed in Paragraph
12(C)(1), regardless of the cause, without Landlord’s permission. All decisions
regarding repairs, including the completion of any repair, whether to repair or replace
the item, will be at Landlord’s sole discretion.
(2) Landlord is not obligated to complete a repair on a day other than a business day unless
required to do so by the Property Code.
C. Payment of Repair Costs: Repair costs will be paid as follows:
(1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair:
(a) a condition caused by the Landlord or the negligence of the Landlord;
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(b) wastewater stoppages or backups caused by deterioration, breakage, roots,
ground condition, faulty construction, or malfunctioning equipment.
(c) a condition that adversely affects the health or safety of an ordinary tenant
which is not caused by Tenant, an occupant, a member of Tenant’s family, or a
guest or invitee of Tenant; and
(d) a condition in the following items which is not caused by Tenant or Tenant’s
negligence:
(1) heating and air conditioning systems;
(2) electrical repairs;
(3) damage to doors, windows, or screens
(4) water heaters; or
(5) water penetration from structural defects.
(2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair:
(a) a condition caused by Tenant, an occupant, a member of Tenant’s organization,
or a guest or invitee of Tenant (a failure to timely report an item in need of
repair or the failure to properly maintain an item may cause damage for which
Tenant may be responsible);
(b) damage from wastewater stoppages caused by foreign or improper objects in
lines that exclusively service the Property; and
(c) damage from windows or doors left open.
13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by
Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in
writing. Installation of additional security devices or additional rekeying or replacement of security
devices desired by Tenant will be paid by Tenant in advance and may be installed only by
contractors authorized by Landlord.
14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to
be equipped with smoke detectors in certain locations. Requests for additional installation,
inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally
damaging a smoke detector or removing a battery without immediately replacing it with a working
battery may subject Tenant to civil penalties and liability for damages and attorney fees under
Section 92.2611 of the Texas Property Code.
15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s
guests, members, or occupants for any damages, injuries, or losses to person or property caused
by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft,
burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental
contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus,
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etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any
loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s
guests, or any occupants.
16. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will
pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for
damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s
fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily
basis, and will be immediately due and payable daily without notice or demand.
17. SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject,
subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by
Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on
any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or
encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting
the Property.
18. CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code
governs the rights and obligations of the parties regarding a casualty loss to the Property. Any
proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss
to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation
of all or a part of the property is a casualty loss.
19. DEFAULT:
A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law.
B. If Tenant fails to comply with this lease, Tenant will be in default and:
(1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant
with at least ten (10) days written notice to vacate;
(2) all unpaid rents which are payable during the remainder of this lease or any renewal
period will be accelerated without notice or demand; and
(3) Tenant will be liable for:
(a) any lost rent;
(b) Landlord’s cost of reletting the Property including but not limited to leasing
fees, advertising fees, utility charges, and other fees reasonably necessary to
relet the Property;
(c) repairs to the Property for use beyond normal wear and tear;
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(d) all Landlord’s costs associated with eviction of Tenant, including but not
limited to attorney’s fees, court costs, costs of service, and prejudgment interest;
(e) all Landlord’s costs associated with collection of amounts due under this lease,
including but not limited to collection fees, late charges, and returned check
charges; and
(f) any other recovery to which Landlord may be entitled by law.
C. Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section
24.005 of the Texas Property Code.
D. Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by
attempting to relet the Property to acceptable tenants and reducing Tenant’s liability
accordingly.
20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the
Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the
parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law,
or this Paragraph.
A. Early Termination Option: Tenant(s) in good standing (those who are in compliance
with the lease) have the option to terminate this lease prior to the normal end of term
or during any future renewal by providing the Landlord all of the following a) a
minimum 45 day written notice, b) providing the last date of occupancy and c)
submitting certified funds (Cashier’s Check, money orders or wire transfer) as an
“Early Termination Fee” in the amount of 150% of one month’s rent at the time notice
is provided. Rent will be prorated on a daily basis through the revised end of term.
Tenant is required to conform to all other terms of the lease or the Early Termination
Option will be forfeit and the tenant will be responsible for the full amount of rent as
allowed by the lease.
B. Assignment and Subletting:
(1) Tenant may not assign this lease or sublet the Property without Landlord’s
written consent.
(2) If Tenant requests an early termination of this lease under this Paragraph 20A,
Tenant may attempt to find a replacement tenant and may request Landlord to
do the same. Landlord may, but is not obligated to, attempt to find a replacement
tenant under this paragraph.
(3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion,
be acceptable as a tenant and must sign: (a) a new lease with terms not less
favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a
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sublease with terms approved by Landlord; or (c) an assignment of this lease in
a form approved by Landlord.
(4) Unless expressly stated otherwise in an assignment or sublease, Tenant will not
be released from Tenant’s obligations under this lease because of an assignment
or sublease. An assignment of this lease or a sublease of this lease without
Landlord’s written consent is voidable by Landlord.
21. ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought
under or related to the transaction described in this lease is entitled to recover prejudgment interest,
attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing
party.
22. AGREEMENT OF PARTIES:
A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease
contains the entire agreement between Landlord and Tenant and may not be changed except
by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this
lease and their respective heirs, executors, administrators, successors, and permitted
assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease.
Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding
any term of this lease, its extension, its renewal, or its termination is binding on all Tenants
executing this lease.
D. Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other
right will not be deemed to be a waiver of any other breach by Tenant or any other right in
this lease.
E. Severability Clause: Should a court find any clause in this lease unenforceable, the
remainder of this lease will not be affected and all other provisions in this lease will remain
enforceable.
F. Controlling Law: The laws of the State of Texas govern the interpretation, validity,
performance, and enforcement of this lease. Venue for any action arising under this lease
shall lie in the state district and county courts of Denton County, Texas.
G. Signage. Tenant shall have the right to erect signs on any portion of the Property only in
accordance with applicable laws, ordinances, and regulations.
H. Taxes. Landlord shall be liable for any taxes levied or accessed against the Property,
excluding any taxes levied or assessed for any personal property, furniture, or fixtures
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placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed
against any personal property, furniture or fixtures placed by Tenant on the Property.
Executed and agreed to this ___ day of ________, 2025.
_______________________________ ____________________________________
Troy Powell Mary C. Garcia
City Manager, City of the Colony Commander, American Legion Holley-
Riddle Post 21
Approved as to form:
_______________________________
Jeff Moore, City Attorney
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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 GOVERNMENT CENTER LEASE AGREEMENT
WITH AMERICAN LEGION HOLLEY-RIDDLE POST 21 FOR
THE FISCAL YEAR 2025-2026 FOR A PORTION OF PROPERTY
LOCATED AT 6301 MAIN STREET, THE COLONY, TEXAS;
PROVIDING AN EFFECTIVE DATE
WHEREAS, That the City Council of the City of The Colony, Texas, approved a
building use policy establishing guidelines for the use and rental of City facilities; and
WHEREAS, The Colony City Council has determined it to be in the best interest
of its citizens to enter into a Government Center Lease Agreement from October 1, 2025
through September 30, 2026 with American Legion Holley-Riddle Post 21 to lease a
portion of the property located at 6301 Main Street, The Colony, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
authorizes the city manager to execute an Agreement with American Legion Holley-
Riddle Post 21 for the use of a portion of the property located at 6301 Main Street, The
Colony, Texas.
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS THR 19 DAY OF AUGUST 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
94
Agenda Item No: 4.5
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: General Admin
Item Type: Resolution
Agenda Section: consent agenda
Suggested Action:
Consider approving a resolution authorizing the City Manager to execute a Lease Agreement with The
Colony Chamber of Commerce for a space in the former Stewart Creek Elementary School Building for
the Fiscal Year 2025-26. (Shallenburger)
Background:
Attachments:
SC Lease Agreement - TCCOC- 2025-26.pdf
Res. 2025-xxx Chamber of Commerce Lease Agreement.doc
95
Page 1 of 11 TCCOC LEASE
LEASE AGREEMENT
___________________________________________________________________________
1.PARTIES: The parties to this lease are:
The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: The Colony
Chamber of Commerce
2.PROPERTY: Landlord leases to Tenant the following real property:
A mutually agreed upon portion of the property at 4431 Augusta St. The Colony, TX 75056,
identified in Exhibit “A”, and referred to herein as the “Property”.
3.TERM:
Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term
of this Lease shall be for a period from October 1, 2025 (the “Commencement Date”), and end
at 11:59 p.m. on the date through September 30, 2026 (the “Expiration Date”) or on such earlier
date as this Lease may terminate as provided herein.
4.RENEWAL AND NOTICE OF TERMINATION:
A.Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of
their intention to renew the lease at the end of the current term.
B.Oral notice of termination is not sufficient under any circumstances. Time is of the essence
for providing notice of termination (strict compliance with dates by which notice must be
provided is required).
5.RENT:
A.Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each
full month during this lease. The first full month’s rent is due and payable not later than
October 1, 2025. Thereafter, Tenant will pay the monthly rent so that Landlord receives the
monthly rent on or before the first day of each month during this lease. Weekends, holidays,
and mail delays do not excuse Tenant’s obligation to timely pay rent.
B.Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the
following person or entity at the place stated below and shall make all payments payable to
the named person or entity. Landlord may later designate, in writing, another person or place
to which Tenant must remit amounts due under this lease.
Name: City of The Colony, Texas
Address: Parks and Recreation Department
5151 North Colony Boulevard, The Colony, TX 75056
C.Method of Payment:
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Page 2 of 11 TCCOC LEASE
(1) Tenant must pay all rent timely and without demand, deduction, or offset, except as
permitted by law or this lease.
(2) Time is of the essence for the payment of rent (strict compliance with rental due dates
is required).
(3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant
is not honored by the institution on which it was drawn, Landlord may require Tenant
to pay such amount and any subsequent amounts under this lease in certified funds.
This paragraph does not limit Landlord from seeking other remedies under this lease
for Tenant’s failure to make timely payments with good funds.
D. Rent Increases: There will be no rent increases through the primary term. Landlord may
increase the rent that will be paid through any subsequent term by providing at least 45 days
written notice to Tenant.
6. LATE CHARGES:
A. If Landlord does not actually receive a rent payment in the full amount at the designated
place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will
pay Landlord for each late payment:
(1) an initial late charge on the 5th day of the month equal to $10.00
and
(2) additional late charges of $5.00 per day beginning on the 6th day of the month until
rent and late charges are paid in full. Total late charges (initial and additional) may not
exceed $50.00 in any one month.
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt
for Landlord (the postmark date is not the date Landlord receives the payment). The parties
agree that the late charge is based on a reasonable estimate of uncertain damages to the
Landlord that are incapable of precise calculation and result from late payment of rent.
Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise
remedies under Paragraph 19.
7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to
Landlord which is returned or not honored by the institution on which it is drawn for any reason,
plus any late charges until Landlord receives payment. Tenant must make any returned check good
by paying such amount(s) plus any associated charges in certified funds.
8. SECURITY DEPOSIT:
A. Security Deposit: Tenant has previously paid a security deposit to Landlord in the amount
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Page 3 of 11 TCCOC LEASE
of $360.00. “Security deposit” has the meaning assigned to that term in Section 92.102 of
the Texas Property Code.
B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may
place the security deposit in an interest-bearing or income-producing account and any
interest or income earned will be paid to Landlord or Landlord’s representative.
C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender
before Landlord is obligated to refund or account for the security deposit.
D. Deductions:
(1) Landlord may deduct reasonable charges from the security deposit for:
(a) damages to the Property, excluding normal wear and tear;
(b) costs for which Tenant is responsible to clean, deodorize, and maintain the
Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) replacing unreturned keys, garage door openers, security devices, or other
components;
(f) the removal of unauthorized locks or fixtures installed by Tenant;
(g) Landlord’s cost to access the Property if made inaccessible by Tenant;
(h) packing, removing, and storing abandoned property;
(i) removing abandoned or illegally parked vehicles;
(j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default;
(k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred
in any legal proceeding against Tenant;
(l) mailing or delivery costs associated with sending notices to Tenant for any
violations of this lease; and
(m) any other unpaid charges or fees or other items Tenant is responsible to pay under
this lease.
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Page 4 of 11 TCCOC LEASE
(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within
10 days after Landlord makes written demand.
9. ACCESS BY LANDLORD:
Landlord shall have access to the building at all times in order to facilitate routine and
emergency maintenance, and necessary storage of any city property associated with the use
of the building.
10. MOVE-OUT:
A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same
or similar condition as when received, normal wear and tear expected. Tenant will leave
the Property in a clean condition free of all trash, debris, and any personal property. Tenant
may not abandon the Property.
B. Definitions:
(1) “Normal wear and tear” means deterioration that occurs without negligence,
carelessness, accident, or abuse outside of normal expectations associated with the
normal use of the facility.
(2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s
reasonable judgment, and one of the following events occurs:
(a) the date Tenant specifies as the move-out or termination date in a written notice
to Landlord has passed; or
(b) Tenant returns keys and access devices that Landlord provided under this lease.
(3) “Abandonment” occurs when all of the following occur:
(a) all occupants have vacated the Property, in Landlord’s reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of
the main entry door or if the Landlord is prevented from entering the Property
by affixing it to the outside of the main entry door, stating that Landlord
considers the Property abandoned, and Tenant fails to respond to the affixed
notice by the time required in the notice, which will not be less than 2 days from
the date the notice is affixed to the main entry door.
C. Personal Property Left After Move-Out:
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Page 5 of 11 TCCOC LEASE
(1) If Tenant leaves any personal property in the Property after surrendering or abandoning
the Property Landlord may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization; or
(c) store and sell such personal property by following procedures in Section
54.045(b)-(e) of the Texas Property Code
(2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10
C(1) for packing, removing, storing, and selling the personal property left in the
Property after surrender or abandonment.
11. PROPERTY MAINTENANCE:
A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be
deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must:
(1) keep the Property clean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and
other devices (of the same type and quality that are in the property on the
Commencement Date);
(4) take action to promptly eliminate any dangerous condition on the Property;
(5) take all necessary precautions to prevent broken water pipes due to freezing or other
causes;
(6) remove any standing water;
(7) know the location and operation of the main water cut-off valve and all electric breakers
and how to switch the valve or breakers off at appropriate times to mitigate any
potential damage; and
(8) promptly notify Landlord, in writing, of all needed repairs.
B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized,
such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other
fixtures, such fixtures will become the property of the Landlord. Except as otherwise
permitted by law, this lease, or in writing by Landlord, Tenant may not:
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Page 6 of 11 TCCOC LEASE
(1) remove any part of the property or any of Landlord’s personal property from the
Property;
(2) remove, change, add, or rekey any lock;
(3) make holes in the woodwork, floors, or walls, except that a reasonable number of small
nails may be used to hang pictures in sheetrock and grooves in paneling;
(4) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm
systems;
(5) keep or permit any material which causes any liability or fire and extended insurance
coverage to be suspended or canceled or any premiums to be increased;
(6) dispose of any environmentally detrimental substance (for example, motor oil or
radiator fluid) on the Property; or
(7) cause or allow any lien to be filed against any portion of the Property.
C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in
addition to exercising Landlord’s remedies under Paragraph 19, perform whatever action
Tenant is obligated to perform and Tenant must immediately reimburse Landlord the
reasonable expenses that Landlord incurs.
12. REPAIRS:
A. Repair Requests: All requests for repairs must be in writing and delivered to Designated
Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given,
Landlord is not obligated to make the repair.
B. Completion of Repairs:
(1) Tenant may not repair or cause to be repaired any condition listed in Paragraph
12(C)(1), regardless of the cause, without Landlord’s permission. All decisions
regarding repairs, including the completion of any repair, whether to repair or replace
the item, will be at Landlord’s sole discretion.
(2) Landlord is not obligated to complete a repair on a day other than a business day unless
required to do so by the Property Code.
C. Payment of Repair Costs: Repair costs will be paid as follows:
(1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair:
(a) a condition caused by the Landlord or the negligence of the Landlord;
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Page 7 of 11 TCCOC LEASE
(b) wastewater stoppages or backups caused by deterioration, breakage, roots,
ground condition, faulty construction, or malfunctioning equipment.
(c) a condition that adversely affects the health or safety of an ordinary tenant
which is not caused by Tenant, an occupant, a member of Tenant’s family, or a
guest or invitee of Tenant; and
(d) a condition in the following items which is not caused by Tenant or Tenant’s
negligence:
(1) heating and air conditioning systems;
(2) electrical repairs;
(3) damage to doors, windows, or screens
(4) water heaters; or
(5) water penetration from structural defects.
(2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair:
(a) a condition caused by Tenant, an occupant, a member of Tenant’s organization,
or a guest or invitee of Tenant (a failure to timely report an item in need of
repair or the failure to properly maintain an item may cause damage for which
Tenant may be responsible);
(b) damage from wastewater stoppages caused by foreign or improper objects in
lines that exclusively service the Property; and
(c) damage from windows or doors left open.
13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by
Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in
writing. Installation of additional security devices or additional rekeying or replacement of security
devices desired by Tenant will be paid by Tenant in advance and may be installed only by
contractors authorized by Landlord.
14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to
be equipped with smoke detectors in certain locations. Requests for additional installation,
inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally
damaging a smoke detector or removing a battery without immediately replacing it with a working
battery may subject Tenant to civil penalties and liability for damages and attorney fees under
Section 92.2611 of the Texas Property Code.
15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s
guests, members, or occupants for any damages, injuries, or losses to person or property caused
by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft,
burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental
contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus,
102
Page 8 of 11 TCCOC LEASE
etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any
loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s
guests, or any occupants.
16. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will
pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for
damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s
fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily
basis, and will be immediately due and payable daily without notice or demand.
17. SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject,
subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by
Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on
any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or
encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting
the Property.
18. CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code
governs the rights and obligations of the parties regarding a casualty loss to the Property. Any
proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss
to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation
of all or a part of the property is a casualty loss.
19. DEFAULT:
A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law.
B. If Tenant fails to comply with this lease, Tenant will be in default and:
(1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant
with at least ten (10) days written notice to vacate;
(2) all unpaid rents which are payable during the remainder of this lease or any renewal
period will be accelerated without notice or demand; and
(3) Tenant will be liable for:
(a) any lost rent;
(b) Landlord’s cost of reletting the Property including but not limited to leasing
fees, advertising fees, utility charges, and other fees reasonably necessary to
relet the Property;
(c) repairs to the Property for use beyond normal wear and tear;
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Page 9 of 11 TCCOC LEASE
(d) all Landlord’s costs associated with eviction of Tenant, including but not
limited to attorney’s fees, court costs, costs of service, and prejudgment interest;
(e) all Landlord’s costs associated with collection of amounts due under this lease,
including but not limited to collection fees, late charges, and returned check
charges; and
(f) any other recovery to which Landlord may be entitled by law.
C. Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section
24.005 of the Texas Property Code.
D. Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by
attempting to relet the Property to acceptable tenants and reducing Tenant’s liability
accordingly.
20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the
Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the
parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law,
or this Paragraph.
A. Early Termination Option: Tenant(s) in good standing (those who are in compliance
with the lease) have the option to terminate this lease prior to the normal end of term
or during any future renewal by providing the Landlord all of the following a) a
minimum 45 day written notice, b) providing the last date of occupancy and c)
submitting certified funds (Cashier’s Check, money orders or wire transfer) as an
“Early Termination Fee” in the amount of 150% of one month’s rent at the time notice
is provided. Rent will be prorated on a daily basis through the revised end of term.
Tenant is required to conform to all other terms of the lease or the Early Termination
Option will be forfeit and the tenant will be responsible for the full amount of rent as
allowed by the lease.
B. Assignment and Subletting:
(1) Tenant may not assign this lease or sublet the Property without Landlord’s
written consent.
(2) If Tenant requests an early termination of this lease under this Paragraph 20A,
Tenant may attempt to find a replacement tenant and may request Landlord to
do the same. Landlord may, but is not obligated to, attempt to find a replacement
tenant under this paragraph.
(3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion,
be acceptable as a tenant and must sign: (a) a new lease with terms not less
favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a
104
Page 10 of 11 TCCOC LEASE
sublease with terms approved by Landlord; or (c) an assignment of this lease in
a form approved by Landlord.
(4)Unless expressly stated otherwise in an assignment or sublease, Tenant will not
be released from Tenant’s obligations under this lease because of an assignment
or sublease. An assignment of this lease or a sublease of this lease without
Landlord’s written consent is voidable by Landlord.
21.Notice to Parties:
A.Notice to Landlord shall be delivered to :
City of The Colony
Attn: Brant Shallenburger
6800 Main Street
The Colony, TX 75056
B.Notice to Tenant shall be delivered to:
The Colony Chamber of Commerce
P.O. Box 560006
The Colony, TX 75056
22.ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought
under or related to the transaction described in this lease is entitled to recover prejudgment interest,
attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing
party.
23.AGREEMENT OF PARTIES:
A.Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease
contains the entire agreement between Landlord and Tenant and may not be changed except
by written agreement.
B.Binding Effect: This lease is binding upon and inures to the benefit of the parties to this
lease and their respective heirs, executors, administrators, successors, and permitted
assigns.
C.Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease.
Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding
any term of this lease, its extension, its renewal, or its termination is binding on all Tenants
executing this lease.
D.Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other
right will not be deemed to be a waiver of any other breach by Tenant or any other right in
this lease.
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Page 11 of 11 TCCOC LEASE
E.Severability Clause: Should a court find any clause in this lease unenforceable, the
remainder of this lease will not be affected and all other provisions in this lease will remain
enforceable.
F.Controlling Law: The laws of the State of Texas govern the interpretation, validity,
performance, and enforcement of this lease. Venue for any action arising under this lease
shall lie in the state district and county courts of Denton County, Texas.
G.Signage. Tenant shall have the right to erect signs on any portion of the Property only in
accordance with applicable laws, ordinances, and regulations.
H.Taxes. Landlord shall be liable for any taxes levied or accessed against the Property,
excluding any taxes levied or assessed for any personal property, furniture, or fixtures
placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed
against any personal property, furniture or fixtures placed by Tenant on the Property.
Executed and agreed to this ___ day of ________, 2025.
_______________________________ ____________________________
Troy Powell Jacqueline Egert
City Manager Chairman of eth Board of Directors
City of The Colony The Colony Chamber of Commerce
Approved as to form:
_______________________________
Jeff Moore, City Attorney
106
LEGENDThe Colony Chamber of Commerce Offices4431 Augusta St,The Colony, TX 75056NEW RECREATION BUILDING MAP1([KLELW$
107
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 LEASE AGREEMENT WITH THE COLONY
CHAMBER OF COMMERCE FOR FISCAL YEAR 2025-26 FOR
SPACE IN THE FORMER STEWART CREEK ELEMENTARY
SCHOOL BUILDING LOCATED AT 4431 AUGUSTA STREET,
THE COLONY, TEXAS; PROVIDING AN EFFECTIVE DATE
WHEREAS, That the City Council of the City of The Colony, Texas, approved a
building use policy establishing guidelines for the use and rental of City facilities; and
WHEREAS, The Colony City Council has determined it to be in the best interest
of its citizens to enter into a Lease Agreement from October 1, 2025 through September
30, 2026 with The Colony Chamber of Commerce to lease space in the former Stewart
Creek Elementary School Building at 4431 Augusta Street, The Colony, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
authorizes the city manager to execute an Agreement with The Colony Chamber of
Commerce for space in the former Stewart Creek Elementary School Building located at
4431 Augusta Street, The Colony, Texas.
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS THE 19 DAY OF AUGUST 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
108
Agenda Item No: 4.6
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: General Admin
Item Type: Resolution
Agenda Section: consent agenda
Suggested Action:
Consider approving a resolution authorizing the City Manager to execute a Municipal Building #5 Lease
Agreement with Lakeside Community Theater for the Fiscal Year 2025-26. (Shallenburger)
Background:
Attachments:
M#5 Lease Agreement - LCT -2025-26.pdf
Res. 2025-xxx Lakeside Community Theatre Lease Agreement.doc
109
Page 1 of 11 LAC LEASE
MUNICIPAL BUILDING #5 LEASE AGREEMENT
___________________________________________________________________________
1. PARTIES: The parties to this lease are:
The owner of the Property, Landlord, The City of The Colony, Texas; and Tenant: Lakeside
Community Theatre.
2. PROPERTY: Landlord leases to Tenant the following real property:
The property at 6303 Main Street, The Colony, TX 75056, referred to herein as the “Property”.
3. TERM:
Subject to all of the terms and conditions set forth herein, or in any appendix hereto, the term
of this Lease shall be for a period from October 1, 2025 (the “Commencement Date”), and end
at 11:59 p.m. on the date through September 30, 2026 (the “Expiration Date”) or on such earlier
date as this Lease may terminate as provided herein.
4. RENEWAL AND NOTICE OF TERMINATION:
A. Tenant must notify the City, in writing, no later than 45 days before the Expiration Date of
their intention to renew the lease at the end of the current term.
B. Oral notice of termination is not sufficient under any circumstances. Time is of the essence
for providing notice of termination (strict compliance with dates by which notice must be
provided is required).
5. RENT:
A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $150.00 for each
full month during this lease. The first full month’s rent is due and payable not later than
October 1, 2025. Thereafter, Tenant will pay the monthly rent so that Landlord receives the
monthly rent on or before the first day of each month during this lease. Weekends, holidays,
and mail delays do not excuse Tenant’s obligation to timely pay rent.
B. Place of Payment: Tenant will remit all amounts due to Landlord under this lease to the
following person or entity at the place stated below and shall make all payments payable to
the named person or entity. Landlord may later designate, in writing, another person or place
to which Tenant must remit amounts due under this lease.
Name: City of The Colony, Texas
Address: Parks and Recreation Department
5151 North Colony Boulevard, The Colony, TX 75056
C. Method of Payment:
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Page 2 of 11 LAC LEASE
(1) Tenant must pay all rent timely and without demand, deduction, or offset, except as
permitted by law or this lease.
(2) Time is of the essence for the payment of rent (strict compliance with rental due dates
is required).
(3) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant
is not honored by the institution on which it was drawn, Landlord may require Tenant
to pay such amount and any subsequent amounts under this lease in certified funds.
This paragraph does not limit Landlord from seeking other remedies under this lease
for Tenant’s failure to make timely payments with good funds.
D. Rent Increases: There will be no rent increases through the primary term. Landlord may
increase the rent that will be paid through any subsequent term by providing at least 45 days
written notice to Tenant.
6. LATE CHARGES:
A. If Landlord does not actually receive a rent payment in the full amount at the designated
place of payment by 11:59 p.m. on the 1st day of the month in which it is due, Tenant will
pay Landlord for each late payment:
(1) an initial late charge on the 5th day of the month equal to $10.00
and
(2) additional late charges of $5.00 per day beginning on the 6th day of the month until
rent and late charges are paid in full. Total late charges (initial and additional) may not
exceed $50.00 in any one month.
B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt
for Landlord (the postmark date is not the date Landlord receives the payment). The parties
agree that the late charge is based on a reasonable estimate of uncertain damages to the
Landlord that are incapable of precise calculation and result from late payment of rent.
Landlord’s acceptance of a late charge does not waive Landlord’s right to exercise
remedies under Paragraph 19.
7. RETURNED CHECKS: Tenant will pay Landlord $25.00 for each check Tenant tenders to
Landlord which is returned or not honored by the institution on which it is drawn for any reason,
plus any late charges until Landlord receives payment. Tenant must make any returned check good
by paying such amount(s) plus any associated charges in certified funds.
8. SECURITY DEPOSIT:
A. Security Deposit: Tenant has previously paid Landlord a security deposit in the amount of
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$360.00. “Security deposit” has the meaning assigned to that term in Section 92.102 of the
Texas Property Code.
B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may
place the security deposit in an interest-bearing or income-producing account and any
interest or income earned will be paid to Landlord or Landlord’s representative.
C. Refund: Tenant must give Landlord at least forty-five (45) days written notice of surrender
before Landlord is obligated to refund or account for the security deposit.
D. Deductions:
(1) Landlord may deduct reasonable charges from the security deposit for:
(a) damages to the Property, excluding normal wear and tear;
(b) costs for which Tenant is responsible to clean, deodorize, and maintain the
Property;
(c) unpaid or accelerated rent;
(d) unpaid late charges;
(e) replacing unreturned keys, garage door openers, security devices, or other
components;
(f) the removal of unauthorized locks or fixtures installed by Tenant;
(g) Landlord’s cost to access the Property if made inaccessible by Tenant;
(h) packing, removing, and storing abandoned property;
(i) removing abandoned or illegally parked vehicles;
(j) costs of reletting (as is provided for in Paragraph 19), if Tenant is in default;
(k) attorney’s fees, costs of court, costs of service, and other reasonable costs incurred
in any legal proceeding against Tenant;
(l) mailing or delivery costs associated with sending notices to Tenant for any
violations of this lease; and
(m) any other unpaid charges or fees or other items Tenant is responsible to pay under
this lease.
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(2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within
10 days after Landlord makes written demand.
9. ACCESS BY LANDLORD:
A. Landlord shall have access to the building at all times in order to facilitate routine and
emergency maintenance, and necessary storage of any city property associated with the use
of the building.
10. MOVE-OUT:
A. Move-Out Condition: When this lease ends, Tenant will surrender the Property in the same
or similar condition as when received, normal wear and tear expected. Tenant will leave
the Property in a clean condition free of all trash, debris, and any personal property. Tenant
may not abandon the Property.
B. Definitions:
(1) “Normal wear and tear” means deterioration that occurs without negligence,
carelessness, accident, or abuse outside of normal expectations associated with the
normal use of the facility.
(2) “Surrender” occurs when all occupants have vacated the Property, in Landlord’s
reasonable judgment, and one of the following events occurs:
(a) the date Tenant specifies as the move-out or termination date in a written notice
to Landlord has passed; or
(b) Tenant returns keys and access devices that Landlord provided under this lease.
(3) “Abandonment” occurs when all of the following occur:
(a) all occupants have vacated the Property, in Landlord’s reasonable judgment;
(b) Tenant is in breach of this lease by not timely paying rent; and
(c) Landlord has delivered written notice to Tenant, by affixing it to the inside of
the main entry door or if the Landlord is prevented from entering the Property
by affixing it to the outside of the main entry door, stating that Landlord
considers the Property abandoned, and Tenant fails to respond to the affixed
notice by the time required in the notice, which will not be less than 2 days from
the date the notice is affixed to the main entry door.
C. Personal Property Left After Move-Out:
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(1) If Tenant leaves any personal property in the Property after surrendering or abandoning
the Property Landlord may:
(a) dispose of such personal property in the trash or a landfill;
(b) give such personal property to a charitable organization; or
(c) store and sell such personal property by following procedures in Section
54.045(b)-(e) of the Texas Property Code
(2) Tenant must reimburse Landlord all Landlord’s reasonable costs under Paragraph 10
C(1) for packing, removing, storing, and selling the personal property left in the
Property after surrender or abandonment.
11. PROPERTY MAINTENANCE:
A. Tenant’s General Responsibilities: By taking possession of the Property, Tenant shall be
deemed to have accepted the Property “AS IS.” Tenant, at Tenant’s expense, must:
(1) keep the Property clean and sanitary;
(2) promptly dispose of all garbage in appropriate receptacles;
(3) supply and replace all batteries for smoke detectors, carbon monoxide detectors and
other devices (of the same type and quality that are in the property on the
Commencement Date);
(4) take action to promptly eliminate any dangerous condition on the Property;
(5) take all necessary precautions to prevent broken water pipes due to freezing or other
causes;
(6) remove any standing water;
(7) know the location and operation of the main water cut-off valve and all electric breakers
and how to switch the valve or breakers off at appropriate times to mitigate any
potential damage; and
(8) promptly notify Landlord, in writing, of all needed repairs.
B. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized,
such as additional smoke detectors, locks, alarm systems, cables, satellite dishes, or other
fixtures, such fixtures will become the property of the Landlord. Except as otherwise
permitted by law, this lease, or in writing by Landlord, Tenant may not:
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(1) remove any part of the property or any of Landlord’s personal property from the
Property;
(2) remove, change, add, or rekey any lock;
(3) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm
systems;
(4) keep or permit any material which causes any liability or fire and extended insurance
coverage to be suspended or canceled or any premiums to be increased;
(5) dispose of any environmentally detrimental substance (for example, motor oil or
radiator fluid) on the Property; or
(6) cause or allow any lien to be filed against any portion of the Property.
C. Failure to Maintain: If Tenant fails to comply with this Paragraph Landlord may, in
addition to exercising Landlord’s remedies under Paragraph 20, perform whatever action
Tenant is obligated to perform and Tenant must immediately reimburse Landlord the
reasonable expenses that Landlord incurs.
12. REPAIRS:
A. Repair Requests: All requests for repairs must be in writing and delivered to Designated
Agent or Landlord. If Tenant is delinquent in rent at the time a repair notice is given,
Landlord is not obligated to make the repair.
B. Completion of Repairs:
(1) Tenant may not repair or cause to be repaired any condition listed in paragraph
12(C)(1), regardless of the cause, without Landlord’s permission. All decisions
regarding repairs, including the completion of any repair, whether to repair or replace
the item will be at Landlord’s sole discretion.
(2) Landlord is not obligated to complete a repair on a day other than a business day unless
required to do so by the Property Code.
C. Payment of Repair Costs: Repair costs will be paid as follows:
(1) Repairs that Landlord will Pay Entirely: Landlord will pay the entire cost to repair:
(a) a condition caused by the Landlord or the negligence of the Landlord;
(b) wastewater stoppages or backups caused by deterioration, breakage, roots,
ground condition, faulty construction, or malfunctioning equipment.
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(c) a condition that adversely affects the health or safety of an ordinary tenant
which is not caused by Tenant, an occupant, a member of Tenant’s family, or a
guest or invitee of Tenant; and
(d) a condition in the following items which is not caused by Tenant or Tenant’s
negligence:
(1) heating and air conditioning systems;
(2) electrical repairs;
(3) damage to doors, windows, or screens;
(4) water heaters; or
(5) water penetration from structural defects.
(2) Repairs that Tenant will Pay Entirely: Tenant will pay the entire cost to repair:
(a) a condition caused by Tenant, an occupant, a member of Tenant’s organization,
or a guest or invitee of Tenant (a failure to timely report an item in need of
repair or the failure to properly maintain an item may cause damage for which
Tenant may be responsible);
(b) damage from wastewater stoppages caused by foreign or improper objects in
lines that exclusively service the Property; and
(c) damage from windows or doors left open.
13. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: All notices or requests by
Tenant for rekeying, changing, installing, repairing, or replacing security devices must be in
writing. Installation of additional security devices or additional rekeying or replacement of security
devices desired by Tenant will be paid by Tenant in advance and may be installed only by
contractors authorized by Landlord.
14. SMOKE DETECTORS: Subchapter F, Chapter 92, Property Code requires the Property to
be equipped with smoke detectors in certain locations. Requests for additional installation,
inspection, or repair of smoke detectors must be in writing. Disconnecting or intentionally
damaging a smoke detector or removing a battery without immediately replacing it with a working
battery may subject Tenant to civil penalties and liability for damages and attorney fees under
Section 92.2611 of the Texas Property Code.
15. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant’s
guests, members, or occupants for any damages, injuries, or losses to person or property caused
by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft,
burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental
contaminants (for example, carbon monoxide, asbestos, radon, lead-based paint, mold, fungus,
etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any
loss, property damage, or cost of repairs or service to the Property caused by Tenant, Tenant’s
guests, or any occupants.
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16. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will
pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for
damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorney’s
fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily
basis, and will be immediately due and payable daily without notice or demand.
17. SUBORDINATION: This lease and Tenant’s leasehold interest are and will be subject,
subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by
Landlord; (ii) all advances made under and such lien or encumbrance; (iii) the interest payable on
any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or
encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners’ association affecting
the Property.
18. CASUALTY LOSS OR CONDEMNATION: Section 92.054 of the Texas Property Code
governs the rights and obligations of the parties regarding a casualty loss to the Property. Any
proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss
to the Property will be Landlord’s sole property. For the purpose of this lease, any condemnation
of all or a part of the property is a casualty loss.
19. DEFAULT:
A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law.
B. If Tenant fails to comply with this lease, Tenant will be in default and:
(1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant
with at least ten (10) days written notice to vacate;
(2) all unpaid rents which are payable during the remainder of this lease or any renewal
period will be accelerated without notice or demand; and
(3) Tenant will be liable for:
(a) any lost rent;
(b) Landlord’s cost of reletting the Property including but not limited to leasing
fees, advertising fees, utility charges, and other fees reasonably necessary to
relet the Property;
(c) repairs to the Property for use beyond normal wear and tear;
(d) all Landlord’s costs associated with eviction of Tenant, including but not
limited to attorney’s fees, court costs, costs of service, and prejudgment interest;
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(e) all Landlord’s costs associated with collection of amounts due under this lease,
including but not limited to collection fees, late charges, and returned check
charges; and
(f) any other recovery to which Landlord may be entitled by law.
C. Notice to vacate under Paragraph 19B(1) may be by any means permitted by Section
24.005 of the Texas Property Code.
D. Landlord will attempt to mitigate any damage or loss caused by Tenant’s breach by
attempting to relet the Property to acceptable tenants and reducing Tenant’s liability
accordingly.
20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the
Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the
parties; or (iii) terminated earlier under Paragraph 19, by agreement of the parties, applicable law,
or this Paragraph.
A. Early Termination Option: Tenant(s) in good standing (those who are in compliance
with the lease) have the option to terminate this lease prior to the normal end of term
or during any future renewal by providing the Landlord all of the following a) a
minimum 45 day written notice, b) providing the last date of occupancy and c)
submitting certified funds (Cashier’s Check, money orders or wire transfer) as an
“Early Termination Fee” in the amount of 150% of one month’s rent at the time notice
is provided. Rent will be prorated on a daily basis through the revised end of term.
Tenant is required to conform to all other terms of the lease or the Early Termination
Option will be forfeit and the tenant will be responsible for the full amount of rent as
allowed by the lease.
B. Assignment and Subletting:
(1) Tenant may not assign this lease or sublet the Property without Landlord’s
written consent.
(2) If Tenant requests an early termination of this lease under this Paragraph 20A,
Tenant may attempt to find a replacement tenant and may request Landlord to
do the same. Landlord may, but is not obligated to, attempt to find a replacement
tenant under this paragraph.
(3) Any assignee, subtenant, or replacement tenant must, in Landlord’s discretion,
be acceptable as a tenant and must sign: (a) a new lease with terms not less
favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a
sublease with terms approved by Landlord; or (c) an assignment of this lease in
a form approved by Landlord.
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(4) Unless expressly stated otherwise in an assignment or sublease, Tenant will not
be released from Tenant’s obligations under this lease because of an assignment
or sublease. An assignment of this lease or a sublease of this lease without
Landlord’s written consent is voidable by Landlord.
21. ATTORNEY’S FEES: Any person who is a prevailing party in any legal proceeding brought
under or related to the transaction described in this lease is entitled to recover prejudgment interest,
attorney’s fees, costs of service, and all other costs of the legal proceeding from the non-prevailing
party.
22. AGREEMENT OF PARTIES:
A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease
contains the entire agreement between Landlord and Tenant and may not be changed except
by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this
lease and their respective heirs, executors, administrators, successors, and permitted
assigns.
C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease.
Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding
any term of this lease, its extension, its renewal, or its termination is binding on all Tenants
executing this lease.
D. Waiver: Landlord’s past delay, waiver, or non-enforcement of a rental due date or any other
right will not be deemed to be a waiver of any other breach by Tenant or any other right in
this lease.
E. Severability Clause: Should a court find any clause in this lease unenforceable, the
remainder of this lease will not be affected and all other provisions in this lease will remain
enforceable.
F. Controlling Law: The laws of the State of Texas govern the interpretation, validity,
performance, and enforcement of this lease. Venue for any action arising under this lease
shall lie in the state district and county courts of Denton County, Texas.
G. Signage. Tenant shall have the right to erect signs on any portion of the Property only in
accordance with applicable laws, ordinances, and regulations.
H. Taxes. Landlord shall be liable for any taxes levied or accessed against the Property,
excluding any taxes levied or assessed for any personal property, furniture, or fixtures
placed by the Tenant on the Property. Tenant shall be liable for all taxes levied or assessed
against any personal property, furniture or fixtures placed by Tenant on the Property.
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Executed and agreed to this ___ day of ________, 2025.
_______________________________ ___________________________________
Troy Powell Donna Arnold
City Manager, City of The Colony President, Lakeside Community Theatre
Approved as to form:
_______________________________
Jeff Moore, City Attorney
120
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 MUNICIPAL BUILDING #5 LEASE
AGREEMENT WITH LAKESIDE COMMUNITY THEATER FOR
FISCAL YEAR 2025-26 OF PROPERTY LOCATED AT 6303 MAIN
STREET, THE COLONY, TEXAS; PROVIDING AN EFFECTIVE
DATE
WHEREAS, That the City Council of the City of The Colony, Texas, approved a
building use policy establishing guidelines for the use and rental of City facilities; and
WHEREAS, The Colony City Council has determined it to be in the best interest
of its citizens to enter into a Lease Agreement from October 1, 2025 through September
30, 2026 with Lakeside Community Theater to lease a portion of the property located at
6303 Main Street, The Colony, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
authorizes the city manager to execute an Agreement with Lakeside Community Theater
for the use of a portion of the property located at 6303 Main Street, The Colony, Texas.
Section 2. That this resolution shall take effect immediatel y from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS THE 19 DAY OF AUGUST 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
121
Agenda Item No: 4.7
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: Engineering
Item Type: Resolution
Agenda Section: consent agenda
Suggested Action:
Consider approving a resolution authorizing the City Manager to award Contract Amendment No. 1 to
Kaitlin Kent Enterprises, Inc. for Roadway Lifting Services for Nash Drive and Newton Street in the
amount of $47,712.00. (Hartline)
Background:
Background: City Council approved funding for the Nash Dr. and Newton St. asphalt paving projects in
the 2024/2025 CIP budgets. During concrete repair activities, it was determined less paving would need
to be replaced if we performed payment lifting to reduce the quantity of concrete removal and
replacement and help reduced overall project costs. The city entered into a contract for Roadway Lifting
Services signed on July 21, 2025 with Kaitlin Kent Enterprises, Inc. (KKE), a TIPS Purchasing
Cooperative vendor. Water ponding areas exist at various locations along Nash Dr. and Newton St. and
the gutter lines on the streets need to be repaired before this roadway can be overlayed with asphalt.
The lifting services will be performed to densify subgrade soils, remove water pockets and realign large
concrete panels. Lifting the pavement will help remove the low spots in the roadway and restore gutter
line drainage without having to remove and replace large concrete panels. Please refer to the attached
photos of existing conditions. City Staff received a proposal estimate from KKE to lift the settled areas,
restore gutter drainage and densify subgrade soils in these areas. The proposal includes all the
necessary materials and equipment to complete the roadway lifting necessary at locations along Nash
and Newton Street. KKE will inject expansive polymer polyurethane material into the foundation soils
beneath the pavement through holes and/or injection tubes. KKE will drill out the top 2†of grout
injection holes and fill with a non-shrink cementitious grout and will provide a two-year unconditional
warranty against settlement of more than 1/2†of the injected areas. City staff recommends approval of
Contract Amendment No. 1 with this company. With approval, the additional work for this project is
anticipated to start construction in August 2025 with an estimated completion in October 2025.
Attachments:
Location Map
Existing Condition Photos
Financial Summary
Photo example of the lifting procedure
Contract Amendment No. 1
Res. 2025-xxx Contract Amendment No. 1 - Kaitlin Kent Enterprises Inc.doc
122
6053 Main Street
MainFryerNash
Ke
y
s
Blair OaksStrickland
Roberts
EthridgeNorth Colony
Newton
Malone CurryLarner
JoyNervin
Crawford
Hale
Pemberton
Caldwell
Driscoll
Ireland
John YatesKnightIola
AshlockElliotWagner
Clary
Augusta RaganPruittStanley
Brandenburg
Hetherington
Stewart
Shannon
Walker
WheelerElm
BartlettJenkins
MillerSparksJenningsDurbin
GriffinWestwayMaple
Ballard
Witt
GallowayDarbyThompson
Watkins
QueenWard
YoungerSouth ColonyAr
c
h
e
r
Terrace
Clover Valley ColeShermanLakeshoreRed Oak
Teal CoveMayesIvySuttonAl
len
Fre
e
m
a
n
KnoxAnderson
Coo
k
Gardner
Fi
s
h
e
r
Sandhill
Ke
a
n
Garvin
Acacia
Lake VistaOakmont
Lake Ridge
Beach Club
Howard
Windward
Norris
HendrixHamilton
RidgecrestGraham
Shoal Creek
Harbor
Middleton
AveryMerrellWomack
Nor
t
h
P
a
r
k
Heron CoveHackney
GilliamMel
roy
Mark
s
CrutchberryO'HareAtterbury
James
Indianola
OvertonHannaAlliance
CockrellLat
i
m
e
r
Chowning
Pecan Crossing
P
o
g
u
e
MainTerraceMa
y
e
s
µLocation MapNewton Street and Nash Drive Apshalt Overaly
Newton Street
(North Colony Blvd. to Ethridge Dr.)
Floor & Decor
Rooms To Go
AbuelosNash Drive
(Main St. to John Yates Dr.)
123
Roadway Lifting Services Project Contract Amendment No 1
124
Roadway Lifting Services Project Contract Amendment No 1
125
Roadway Lifting Services Project Contract Amendment No 1
126
Roadway Lifting Services Project Contract Amendment No 1 8_7_2025 IMG_0712.JPEG
127
FINANCIAL SUMMARY:
Are budgeted funds available: Yes Amount budgeted: $ 74,625.00
Source of Funds: 2024-2025 CIP Budget
Fund No.: 897-669-6670-2461
Cost of recommended construction services for Contract Amendment No. 1: $ 47,712.00
Total estimated project cost:
$ 26,913.00 Initial Construction Contract Already authorized Yes No
$ 47,712.00 Contract Amendment No. 1 Already authorized Yes No
$ 74,625.00 Total estimated costs
128
Roadway Lifting Services Project Contract Amendment No 1
129
130
131
132
Kaitlin Kent Enterprises, Inc.
4918 Ben Day Murrin Rd
Fort Worth, TX 76126-5401 USA
8174436141
accounting@kkeinc.net
Estimate
ADDRESS
Chase Smith
6800 Main Street
The Colony, Texas 75056
United States
ESTIMATE #DATE EXPIRATION DATE
1360 07/29/2025 08/29/2025
SALES REP
Isaiah Lincoln
DATE SERVICE DESCRIPTION QTY RATE AMOUNT
Concrete Lifting &
Leveling
Job Location-4148 Newton through
N Colony Blvd (METHOD
INJECTION ONLY)-KKE has
surveyed the EB side of Newton
Drive-Curbline lift only-KKE will drill
a series of 5/8" holes and will inject
a high-density polyurethane foam to
lift and stabilize the concrete. Once
the concrete has been lifted, KKE
will fill in all drill holes with a non-
shrink cement grout. We will need
all cars moved out of the street prior
to any injections taking place.
4148-4144 Newton 25'x6'
4140-4136 Newton 100'x8'
4132-4128 Newton 45'x6'
4124-4120 Newton 35'x6'
4120-4116 Newton 25'x6'
4104 Newton to Keys 60'x12'
Keys to Ireland 110'x6'
Between Ireland and Fryer 55'x6'
There were quite a few cars parked
on Nash. We will need these cars
moved prior to beginning work.
2,468 3.40 8,391.20
Concrete Lifting &
Leveling
Job Location-4148 Newton through
N Colony Blvd (DI ONLY)-KKE has
surveyed the EB side of Newton
Drive-Curbline lift only-KKE will drill
a series of 5/8" holes and will inject
a high-density polyurethane foam to
lift and stabilize the concrete. Once
the concrete has been lifted, KKE
will fill in all drill holes with a non-
3,165 4.00 12,660.00
133
DATE SERVICE DESCRIPTION QTY RATE AMOUNT
shrink cement grout. We will need
all cars moved out of the street prior
to any injections taking place. Rods
will be driven into the ground for DI.
4148-4144 Newton 25'x6'
4140-4136 Newton 100'x8'
4132-4128 Newton 45'x6'
4124-4120 Newton 35'x6'
4120-4116 Newton 25'x6'
4104 Newton to Keys 60'x12'
Keys to Ireland 110'x6'
Between Ireland and Fryer 55'x6'
There were quite a few cars parked
on Nash. We will need these cars
moved prior to beginning work.
Concrete Lifting &
Leveling
Job Location-4149 Newton through
N Colony Blvd (METHOD
INJECTION ONLY)-KKE has
surveyed the WB side of Newton
Drive-Curbline lift only-KKE will drill
a series of 5/8" holes and will inject
a high-density polyurethane foam to
lift and stabilize the concrete. Once
the concrete has been lifted, KKE
will fill in all drill holes with a non-
shrink cement grout. We will need
all cars moved out of the street prior
to any injections taking place.
4149 Newton 10'x6'
4149-4145 Newton 40'x6'
4141-4137 Newton 60'x6'
4137-4133 Newton 30'x6'
4133-4121 Newton 150'x6'
4105-4101 Newton 40'x6'
4157 Newton 30'x6'
4161-4165 Newton 130'x6'
4171 Newton 30'x6'
4177-4181 Newton 30'x6x
4185-4193 Newton 50'x6'
There were quite a few cars parked
on Nash. We will need these cars
moved prior to beginning work.
2,951 3.40 10,033.40
Concrete Lifting &
Leveling
Job Location-4149 Newton through
N Colony Blvd (DI ONLY)-KKE has
surveyed the WB side of Newton
Drive-Curbline lift only-KKE will drill
a series of 5/8" holes and will inject
a high-density polyurethane foam to
lift and stabilize the concrete. Once
the concrete has been lifted, KKE
will fill in all drill holes with a non-
shrink cement grout. We will need
4,157 4.00 16,628.00
134
DATE SERVICE DESCRIPTION QTY RATE AMOUNT
all cars moved out of the street prior
to any injections taking place.
4149 Newton 10'x6'
4149-4145 Newton 40'x6'
4141-4137 Newton 60'x6'
4137-4133 Newton 30'x6'
4133-4121 Newton 150'x6'
4105-4101 Newton 40'x6'
4157 Newton 30'x6'
4161-4165 Newton 130'x6'
4171 Newton 30'x6'
4177-4181 Newton 30'x6x
4185-4193 Newton 50'x6'
There were quite a few cars parked
on Nash. We will need these cars
moved prior to beginning work.
TIPS CONTRACT #23010401
EMAIL PO & VENDOR QUOTE TO TIPSPO@TIPS-USA.COM
2-YEAR WARRANTY FROM THE DATE OF INJECTION
TOTAL $47,712.60
Accepted By Accepted Date
135
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2025 – ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING CONTRACT AMENDMENT NO. 1 BY
AND BETWEEN THE CITY OF THE COLONY AND KAITLIN KENT
ENTERPRISES, INC. FOR ROADWAY LIFTING SERVICES AT NASH
DRIVE AND NEWTON STREET; ATHORIZING THE CITY MANAGER
TO EXECUTE THE CONTRACT AMENDMENT; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City and Contractor have entered into an Contract such that the
Contractor is to provide roadway lifting services at various locations throughout the City; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
a contract amendment in the amount of $47,712.00 with Kaitlin Kent Enterprises, Inc. for
roadway lifting services at Nash Drive and Newton Street.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Contract, having been reviewed by the City Council of the City of The
Colony, Texas, found to be acceptable and in the best interest of the City and its citizens, be, and the
same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute Contract Amendment No. 1
on behalf of the City of The Colony, Texas.
Section 3. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 19 DAY OF AUGUST 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
136
Agenda Item No: 4.8
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section: consent agenda
Suggested Action:
Consider approving a resolution authorizing the City Manager to issue a change order to Purchase Order
No. 25-05129 with PVS Technologies for the purchase of Ferric Chloride used for wastewater treatment
in the amount of $20,000.00. (Whitt)
Background:
The Wastewater department is requesting an increase to an approved Purchase Order #25-05129
($80,000) in the amount of $20,000.00 from PVS Technologies for the purchase of Ferric Chloride. This
amount is projected to satisfy the remaining treatment for the year and is within the annual budget
amount.
Attachments:
PVS Tech Memo.doc
The Colony_Contract Renewal_ Ferric Chloride (August 2025).pdf
Res. 2025-xxx Change Order- PVS Technologies.docx
137
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: August 19, 2025
Subject: Purchase Order for PVS Technologies
This agenda item is a request to increase the Purchase Order for Ferric Chloride from PVS
Technologies. The original purchase order was issued to PVS Technologies on 11-18-2024 in
the amount of $80,000.00, this was the projected cost for this year however, the amount
required for treatment varies depending on the quality of the effluent entering the plant. This
additional treatment amount is within the acceptable treatment levels set by the State.
138
August 12, 2025
ATTN: Robert Chesney
City of The Colony, TX
The Colony, TX
PVS CHEMICALS
10900 HARPER AVE
DETROIT, MI 48213
Dear Robert,
PVS Technologies is pleased to renew the ferric chloride supply agreement.
PVS Technologies will implement a price adjustment for the renewal term. The price of
ferric chloride for the renewal term will be $1,275 per dry ton (DT).
Current Term Price: $1,250 per DT
Renewal Term* Price: $1,275 per DT
*Renewal Term: October 1, 2025 – September 30, 2026
Year-over-Year Price Change: +$25 per DT (+2.0%)
PVS Technologies has increased the ferric chloride delivered price to account for increases
in our cost of labor, logistics and raw materials.
The proposed price change is in line with the Producer Price Index change for inorganic
chemicals and chlorine (WPU061302), as well as the Consumer Price Index for the last 12
months. Summary tables to the most recent 12 months published for both indices are
included in Attachment A.
Please confirm the City of The Colony’s acceptance of the new price.
We are excited to extend the supply partnership with The Colony for another year. We look
forward to serving your needs with quality product and superior service.
Sincerely,
Daniel Ehrig
Account Manager - PVS Technologies, Inc.
139
ATTACHMENT A
2
Index Name
WPU061302
Index Description
Producer Price Index by Commodity: Chemicals and Allied Products: Inorganic Chemicals,
Other Than Alkalies and Chlorine, Index 1982=100, Monthly, Not Seasonally Adjusted
Link to Data
https://fred.stlouisfed.org/series/WPU061302
Monthly Data Table:
Index Name
CUUR0000SA0
Index Description
Consumer Price Index for All Urban Consumers (CPI-U), All items in U.S. city average, all
urban consumers, not seasonally adjusted
Link to Data
https://www.bls.gov/cpi/data.htm
Monthly Data Table:
(see next page)
observation_date WPU061302
2024-07-01 339.817
2024-08-01 338.879
2024-09-01 338.706
2024-10-01 335.867
2024-11-01 339.779
2024-12-01 339.758
2025-01-01 344.206
2025-02-01 341.696
2025-03-01 340.970
2025-04-01 341.427
2025-05-01 345.939 ∆∆%
2025-06-01 347.488 7.671 2.3%
12-month Movement
140
ATTACHMENT A
3
Year Month Index Value
2024 Aug 314.796
2024 Sep 315.301
2024 Oct 315.664
2024 Nov 315.493
2024 Dec 315.605
2025 Jan 317.671
2025 Feb 319.082
2025 Mar 319.799
2025 Apr 320.795
2025 May 321.465
2025 Jun 322.561 ∆∆%
2025 Jul 323.048 8.252 2.6%
12-month Mvmt
141
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
CHANGE ORDER TO PURCHASE ORDER NO. 25-05129 WITH PVS
TECHNOLOGIES; 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 change order to Purchase Order No. 25-05129 with PVS Technologies for the
purchase of ferric chloride used for wastewater treatment in the amount of $20,000.00.
Section 2. That the City Manager and/or his designee are authorized to issue said change
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 THE 19 DAY OF AUGUST 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
142
Agenda Item No: 5.1
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: General Admin
Item Type: Resolution
Agenda Section: regular agenda items
Suggested Action:
Discuss and consider approving a resolution authorizing the City Manager to execute a contract for
services with SPAN Inc. for purposes of providing nutrition, transportation, and social services to
residents of The Colony. (Perez)
Background:
Attachments:
SPAN FY26 The Colony Presentation.pptx
2025-26 SPAN contract agenda narrative.docx
FY 2026 The Colony Final Draft.docx
Res 2025-xxx SPAN Service Contract.doc
143
Span, Inc. is a nonprofit established in 1974 that enables people in
Denton County to live as fully and independently as possible by
providing nutrition and transportation to seniors, people with
disabilities, veterans, and other members of the public.
THE COLONY
FY 2026 PRESENTATION
144
WHO IS SPAN/MEALS ON
WHEELS?
Span, Inc has been serving the Denton
County residents for 50 years! We have
enabled people in our county, to live as
fully and independently as possible by
consistently providing nutritious meals,
reliable and safe transportation to our
vulnerable seniors, people with
disabilities, honored veterans, and
other members of the public.
145
164,000 Meals delivered in Denton
County last year
9682 Meals served to The Colony
Residents last year
1547 Meals on Wheels clients served
in Denton County
All clients receive 5 hot meals per week through
home delivery and at various senior centers and
senior living apartments throughout Denton County.
146
MEALS ON WHEELS TEAM
Our Site Managers are our direct link to
the community.
They provide the following for our
volunteers:
-Scheduling
-Training
-Support
147
SENIOR PAWS
Through our Senior Paws program, we
deliver pet food once a month to
homebound clients who might
otherwise share their home-delivered
meals with their pets. We also provide
much needed veterinarian care due to a
grant that we received.
Senior Paws depends on donations
fr om the community.
148
CITY SUPPORT FOR
MEALS ON WHEELS
FY 2026 request for City Support for
Meals-on-Wheels: $31,569
Discretionary Fund Request / SPAN
Su pport: $2,500
149
Span Transportation is a demand response
program that provides shared ride services to
Denton County residents.
Because of city contributions, we are able to
provide low-cost fares to riders over the age
of 60 and people with disabilities, going
anywhere in Denton County.
Each one-way trip is $3.00
150
FY 2026 APPROVED
TRIP PURPOSES:
•Non-emergency medical trips
•Shopping for Necessities
•Seniors in Motion
•Employment
•Life Skills Programs
•Nutrition
•Public Libraries
•Education
•Recreation
151
YTD FY25 Trip
County By Purpose
152
OUR TRANSPORTATION TEAM
DRIVERS
•Trained, Credentialed, and Fully Vetted
•Represented on the Span Safety Committee
•Mission Minded
•Developing Professional Relationships
DISPATCH
•Trained, Credentialed, and Fully Vetted
•Represented on the Span Safety Committee
•Mission Minded
•Developing Professional Relationships
SCHEDULING
•Software Assisted Route Scheduling
•Ensure Service Quality and Efficiency
•Maximize Rider Access to Trips
•Applied Route and Driving Experience
153
POLICIES AND PROCEDURES
2026
Reservation Window
•Updated from 1 – 14 days to 2 – 14 days
•Increase the number of people we can serve
•More efficient Schedules
Helpful Information
•Updated for new and existing riders
•Based on Frequent Rider Questions
•Input from Staff
154
•Thirty-Four Fully ADA Compliant Vehicles (35)
•Professional Preventative Maintenance and Repair Staff
•Utilize a Software Maintenance Module to track PM and
repairs.
•Vehicles Maintained in State of Good Repair (SGR)
•Audited by TxDOT, NCTCOG, and DPS
•Eight (8) new Mini-Buses Delivered in August 2023, Two
new mini-buses December 2024 and more on the way.
•All Vehicles Stored and Maintained at Secure Centralized
Facility
OUR FLEET
155
In FY 2026, October 2025 through
June 2026, the projected trip
count is 5,154
50 FY 2025 Unduplicated Riders: 50
$21.96 The rate is $21.96 per one-
way trip
430 The projected monthly trip count
is 430 in FY 2026.
$113,181 The October 1, 2025 –
September 30, 2026 Budget
Request for Local
Contribution is $113,181.
TOWN SUPPORT
5,154
156
Questions/Contact
span@span-transit.org
(940) 382-2224
https://span-transit.org/
1800 Malone St. Denton, TX 76201
157
This item is to consider adopting the proposed 2025-26 SPAN service contract. This is the tenth service
contract brought before Council to consider between The Colony and SPAN. The funding requests
proposed in the 2025-26 contract are for items funded in previous contracts that are unique to The
Colony’s service contract with SPAN. Program areas include on demand transportation services, senior
center trip reimbursements, meals on wheels programming and a discretionary/unforeseen costs for
SPAN’s service delivery not to exceed $2,500. This section of the contract covers
discretionary/unforeseen costs for SPAN’s service delivery (with prior CM office staff approval) to
residents of The Colony as well as to cover costs associated with Next Steps and/or for residents who do
not otherwise qualify for a reduced or covered trip because of a Federal or State mandate within the
contract year.
Overall, the proposed 25/26 service agreement is $21,038 more than the 24/25 contract. The on
demand transportation services and Meals on Wheels program funding request for the 25/26 service
contract are the only two program areas in the contract to have an increase from the previous year’s
contract with increases of $9,969 and $11,569 respectively. All of other program areas within the
contract are remaining flat compared to the previous year’s contract.
As was the case in the 24/25 contract, the increase to the Meals on Wheels funding in the 25/26
contract is in anticipation of increased demand for meals and meal delivery to residents of The Colony.
Over the past three contracts there has been a steady increase in overall demand for, and in price of
meals going from $1.00 to $2.00 in the 23/24 contract with demand expected to continue to increase
beyond the 25/26 contract period.
With that said, the total funding request for the 25-26 contract is $154,750.00
158
SERVICE AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
SERVICE AGREEMENT
THIS SERVICE AGREEMENT ("Agreement") is entered into by and between the
CITY OF THE COLONY, TEXAS ("CITY"), acting by and through its duly authorized
designee, and SPAN, INC., a Texas non-profit corporation ("SPAN”), operating in Denton
County, Texas as an organization described in Section 501(c)(3) of the Internal Revenue Code,
acting by and through its duly authorized Executive Director. The CITY or SPAN may hereinafter
be referred to individually as a “Party” or collectively as “Parties.”
RECITALS:
WHEREAS, SPAN enables people to live as fully and independently as possible
by providing nutrition, transportation and social services to older
persons, persons with disabilities, veterans, and the general public;
and
WHEREAS, the success of or failure of the SPAN's purposes and goals has a
relation to the health and welfare of the citizens of the CITY; and
WHEREAS, the CITY is charged with the responsibility of promoting and
preserving the health, safety, peace, good government, and welfare
of its citizens; and
WHEREAS, the CITY recognizes that it needs transportation alternatives for its
elderly, and disabled citizens to seek routine medical care and to
deal with daily routine matters, and the CITY desires to assist and
provide public transportation to said citizens; and
WHEREAS, CITY desires to engage SPAN as an independent contractor, and not
as a joint venture, partnership, or employee, to provide the
transportation services described herein; and
WHEREAS, SPAN is recognized as a non-profit corporation, authorized under
the Texas Transportation Code to provide this type of transportation
to municipalities found in whole or in part within Denton County,
Texas; and
WHEREAS, SPAN desires to provide transportability services for CITY on the
terms and conditions set forth in this Agreement.
159
SERVICE AGREEMENT
NOW THEREFORE, in exchange for the mutual covenants set forth herein, and other
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties
agree as follows:
Article I
Term
1.01. This Agreement shall commence on October 1, 2025 ("Effective Date") and continue
until September 30, 2026.
1.02. Either Party may terminate this Agreement by giving thirty (30) days prior written
notice to the other Party, subject to federal requirements related to public transportation.
Article II
Service
2.01. 2.01. In accordance with this Agreement, SPAN shall provide door-to-door
demand response transit services to the CITY’s residents who are sixty (60) years of age or
older and persons with documented disabilities or sixty-five (65) years or older and persons
with documented disabilities when 5310 funds are used in support of this Agreement
("Riders").
2.02. Riders shall be picked up within service area and taken anywhere in the SPAN/CITY
transit service destination area shown on Exhibit "A" hereto (“Service Area”), at a cost to the
Riders of Three Dollars ($3.00). The Riders shall remit the total fare recited in this sectio n at or
prior to the time the service is rendered. SPAN Transportation policy and procedures are attached
hereto and incorporated herein as Exhibit "B" ("the Policy").
2.03. Situations may arise when Riders call and request service that is not identified as a
part of the Service Area. SPAN may make a request to the CITY’s appointed representative to
accommodate the Rider by temporarily transporting outside of the Service Area. The Service Area
may be more permanently amended at the request of either Party, if both Parties mutually agree to
such amendment of Exhibit A in writing.
2.04. Riders may call at least two (2) days in advance, but no more than two (2) weeks in
advance, to set up appointments for pick-up and drop off. Riders may schedule a ride by calling
SPAN'S Transportation Office at 940-382-1900, weekdays between the hours of 8:00 a.m. and
2:00 p.m.
2.05. Demand response transit service is available between the hours of 6:00 a.m. and 6:00
p.m., Monday through Friday, excluding Saturday, Sunday, major holidays and subject to capacity
constraints and availability.
160
SERVICE AGREEMENT
Article III
Schedule of Work
3.01. SPAN shall provide all equipment, facilities, qualified employees, training, and
insurance necessary to establish a demand response transit service for the Riders. SPAN shall
further establish, operate, and maintain an accounting system for this program that will allow for
a tracking of services provided to Riders and a review of the financial status of the program. SPAN
shall also track and break down the information regarding the number of one-way trips it provides
to Riders.
3.02. SPAN will be responsible for verifying and documenting the eligibility of Riders.
SPAN reserves the right to determine on an individual basis whether SPAN has the capability to
safely transport a Rider, based on the information provided. If SPAN determines that a Rider
cannot safely be transported, SPAN shall decline transportation and shall provide documentation
as to the reason why service was declined.
3.03. The CITY shall have the right to review the activities and financial records kept
incident to the services provided to the Riders by SPAN under this Agreement. In addition, SPAN
shall provide monthly ridership information to the CITY appointed designee specifically
identifying the number of Rider trips including rider origination, destination, and purpose.
Article IV
Compensation and Method of Payment
4.01. SPAN shall seek compensation for its services from two sources:
1.) Riders – each rider shall pay SPAN a price of Three Dollars ($3.00) per one-way
trip, to be collected by SPAN at the time of such trip. EXCEPTION: Riders going to The
Colony Senior Center will be exempt from the $3.00 fee as it will be covered by The Colony as
described in Article V
2.) CITY – the CITY agrees to pay a fee for service of Twenty-One Dollars and Ninety-
Six Cents ($21.96) per one-way trip. SPAN will invoice the CITY monthly based on actual
rides performed. The city’s projected trip count for October 1, 2024 – September 30, 2025, is
Five thousand one hundred fifty-four (5,154) one-way trips. Based on this estimate, the total
fee for service for FY26 will be $113,181. However, this amount is only an estimate; the actual
fee for service will be based on the number of actual rides performed.
161
SERVICE AGREEMENT
4.02. In no event shall the CITY be invoiced more than One Hundred Thirteen
Thousand One Hundred Eighty-One Dollars ($113,181.00) for the term of this Agreement. In
the event that actual ridership exceeds the projected estimate, SPAN shall notify the CITY and no
additional billing shall occur unless the Agreement is amended in writing by both Parties.
4.03. If an otherwise eligible Rider contacts SPAN for service and the Rider’s trip does not
qualify for payment by the CITY under this Agreement and/or there are no remaining trips or
funding available under this Agreement for such trip, SPAN may offer its service to such Rider in
the Service Area at the total cost of Twenty One Dollars and Ninety Six Cents ($24.96) per one-
way trip, which is to be collected by SPAN at the time of such trip.
Article V
Senior Fare Reimbursement
5.01. The CITY hereby agrees to pay an amount not to exceed Seven Thousand Five
Hundred Dollars ($7,500.00) as reimbursement for CITY residents’ transportation/fares to and
from the Senior Center. This amount is based on Two Thousand Five Hundred (2,500) fares at a
cost of Three Dollars ($3.00) per trip.
5.02. Reimbursement of Senior Center fares shall be processed twice a year: SPAN will
invoice the CITY in May 2026 for rides/trip counts for October 2025- March 2026. SPAN will
invoice the CITY in October 2026 for rides/trip counts for April 2026- September 2026.
Article VI
Meal Reimbursement for Congregate and Home Delivered
6.01. SPAN provides Federal Administration on Aging Title III food and educational
nutrition programs by serving meals at senior centers (congregate meals) and delivering meals to
homebound seniors. SPAN agrees to provide such services to eligible CITY residents.
6.02. For the operation and provision of the services described in this Article VI, the CITY
shall pay SPAN the sum of Thirty One Thousand Five Hundred and Sixty Nine Dollars
($31,569) upon execution of this Agreement.
Article VII
Discretionary Funds and Next Steps Program
7.01. For the operation and provision of the services described in subsections (a) and (b)
of this Article VII, the CITY shall make available to SPAN a sum not to exceed Two Thousand
Five Hundred Dollars ($2,500.00) upon execution of this Agreement.
162
SERVICE AGREEMENT
(a) Reimbursement for transportation/fares for clients who are participating in The
Colony Next Steps 501(c)(3).
(b) Per authorization of CITY Manager or other CITY designee, reimbursement for
discretionary costs associated with the delivery of SPAN’s services in general, as
well as for residents of The Colony who otherwise do not qualify for SPAN’s
services due to federal or state funding regulations and guidelines.
Article VIII
Devotion of Time, Personnel, and Equipment
8.01. SPAN shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. Should CITY require additional services not
included under this Agreement, SPAN shall make reasonable effort to provide such additional
services within the time schedule without decreasing the effectiveness of the performance of
services required under this Agreement and shall be compensated for such additional services on
a time and materials basis, in accordance with SPAN' s standard hourly rate schedule, or as
otherwise agreed between the Parties.
8.02. To the extent reasonably necessary for SPAN to perform the services under this
Agreement, SPAN shall be authorized to engage the services of any agents, assistants, persons, or
corporations that SPAN may deem proper to aid or assist in the performance of the services under
this Agreement. The cost of such personnel and assistance shall be included as part of the total
compensation to be paid SPAN hereunder and shall not otherwise be reimbursed by CITY unless
otherwise agreed to in writing.
8.03. The CITY shall not be required to furnish any facilities, equipment, or personnel
necessary to perform the services required under this Agreement unless otherwise provided herein.
The Services provided under this Agreement are based on availability.
8.04 SPAN reserves the right to suspend or terminate Riders who violate SPAN’s policies
and procedures.
Article IX
Miscellaneous
9.01. Entire Agreement. This Agreement constitutes the sole and only agreement between
the Parties and supersedes any prior understandings written or oral agreements between the Parties
with respect to this subject matter.
9.02. Assignment. Neither Party may assign this Agreement without the prior written
consent of the other Party.
9.03. Successor and Assigns. Subject to the provisions regarding assignment, this
163
SERVICE AGREEMENT
Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs,
executors, administrators, legal representatives, successors, and assigns.
9.04. Mediation. In the event of any dispute regarding this Agreement or the terms
contained herein, the Parties hereto agree that they shall submit such dispute to non-binding
mediation, prior to any litigation being filed.
9.05. Governing Law. The laws of the State of Texas shall govern this Agreement without
regard to any conflict of law rules; and venue for any action concerning this Agreement shall be
in Denton County, Texas or the Federal courts having jurisdiction over claims arising in Denton
County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said
court.
9.06. Amendments. This Agreement may be amended by the mutual written agreement of
the Parties.
9.07. Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions, and the Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
in it.
9.08. Independent Contractor. It is understood and agreed by and between the Parties that
SPAN, in satisfying the conditions of this Agreement, is acting independently. All services to be
performed by SPAN pursuant to this Agreement shall be in the capacity of an independent
contractor, and not as an agent or employee of CITY. SPAN shall supervise the performance of its
services and shall be entitled to control the manner and means by which its services are to be
performed, subject to the terms of this Agreement. Nothing contained herein shall constitute or
provide for as a waiver of the CITY’s immunity under state or federal law.
9.09. Notice. Any notice required or permitted to be delivered hereunder may be sent by
electronic mail, first class mail, overnight courier or by confirmed telefax or facsimile to the
address specified below, or to such other Party or address as either Party may designate in writing,
and shall be deemed received three (3) days after delivery set forth herein:
If intended for CITY:
CITY Designee
The Colony, Texas
6800 Main Street
The Colony, Texas 75056
972-624-3152
If intended for SPAN:
Michelle McMahon, Executive Director
Span, Inc.
164
SERVICE AGREEMENT
1800 Malone Street
Denton, Texas 76201
940-382-2224 - Office
9.10. Insurance.
(a) SPAN shall during the term hereof maintain in full force and effect the following
insurance:
(1) a comprehensive commercial general liability policy of insurance for bodily injury,
death, and property damage insuring against all claims, demands or actions relating to
SPAN' s performance of services pursuant to this Agreement with a minimum combined
single limit of not less than $1,000,000.00 per occurrence for injury to persons (including
death), and for property damage with an aggregate of $2,000,000.00.
(2) policy of automobile liability insurance covering any vehicles owned and/or
operated by SPAN, its officers, agents, and employees, and used in the performance of this
Agreement with policy limits of not less than $5,000,000.00 combined single limit and
aggregate for bodily injury and property damage.
(3) statutory Worker's Compensation Insurance at the statutory limits and Employers
Liability covering all of SPAN' s employees involved in the provision of services under
this Agreement with policy limit of not less than $500,000.00; and
(b) All policies of insurance shall be endorsed and contain the following provisions:
(1) provide CITY, its officers, and employees with indemnification under all applicable
coverage except for Workers Compensation Insurance.
(2) provide for at least thirty (30) days prior written notice to CITY for cancellation of
the insurance.
(3) provide for a waiver of subrogation against CITY for injuries, including death,
property damage, or any other loss to the extent the same is covered by the proceeds of
insurance. SPAN shall provide written notice to CITY of any material change of or to the
insurance required herein.
(c) All insurance companies providing the required insurance shall be authorized to
transact business in Texas.
(d) A certificate of insurance and copies of the policy endorsements evidencing the
required insurance shall be submitted prior to commencement of services and upon request by
CITY.
9.11. In performing services under this Agreement, the relationship between the CITY and
SPAN is that of an independent contractor. No term or provision of this Agreement or act of SPAN
in the performance of this Agreement shall be construed as making SPAN the agent, servant, or
employee of the CITY. It is expressly understood that the CITY assumes no operational
165
SERVICE AGREEMENT
supervision, control or oversight to the services provided under this Agreement. CITY does not
have any ownership or beneficial interest in the business; and does not share any profits or losses
generated from the business.
9.12. Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE,
OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING
FROM THE SERVICES OF SPAN PURSUANT TO THIS AGREEMENT. SPAN HEREBY
WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES
(COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY") FOR DAMAGE TO ANY
PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND
FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF
CITY OR BREACH OF CITY’S OBLIGATIONS HEREUNDER. SPAN AGREES TO
INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL
LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS,
REASONABLE ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS
OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE
TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY SPAN'S NEGLIGENT
PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY
NEGLIGENT ACT OR OMISSION ON THE PART OF SPAN, ITS OFFICERS, DIRECTORS,
SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES,
SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS,
SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED
TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE SPAN SHALL
INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE
ATTRIBUTED TO SPAN AS DETERMINED BY A COURT OR OTHER FORUM OF
COMPETENT JURISDICTION). SPAN'S OBLIGATIONS UNDER THIS SECTION SHALL
NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY SPAN UNDER THIS AGREEMENT. THIS
PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
9.13. Confidentiality Clause. Subject to the requirements of the Texas Public Information
Act or as required by Court order, both Parties agree to endeavor to take all reasonable measures
to keep in confidence the execution, terms and conditions as well as performance of this
Agreement, and the confidential data and information of any Party that another Party may know
or access during performance of this Agreement (“Confidential Information”), and shall not
disclose, make available or assign such Confidential Information to any third party without the
prior written consent of the Party providing the information except as required by the Texas Public
Information Act or Court order.
9.14. Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist
of any number of copies hereof each signed by less than all, but together signed by all the Parties
hereto.
166
SERVICE AGREEMENT
9.15. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof
for all purposes.
9.16. Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
[Signature Page follows]
167
SERVICE AGREEMENT
EXECUTED this ______ day of ___________________, 2025
CITY OF THE COLONY, TEXAS
By: _________________________________
Troy Powell, City Manager
ATTEST:
By: _________________________________
Tina Stewart, Secretary
EXECUTED this ______ day of ___________________, 2025
SPAN, INC
By: _________________________________
Michelle McMahon, Executive Director
168
SERVICE AGREEMENT
EXHIBIT A
SERVICE AREA
All of Denton County.
169
SERVICE AGREEMENT
EXHIBIT B
TRANSPORTATION POLICIES AND PROCEDURES
Attached as a separate document, which may be amended from time to time.
170
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 CONTRACT FOR SERVICES BY AND
BETWEEN THE CITY OF THE COLONY AND SPAN, INC.;
PROVIDING AN EFFECTIVE DATE
WHEREAS, That the City Council of the City of The Colony, Texas
hereby authorizes the City Manager to execute a contract for services with SPAN, Inc. for
the purpose of providing nutrition, transportation and social services to older persons,
persons with disabilities, and veterans; and
WHEREAS, with this contract, the City of The Colony is agreeing to the
services not to exceed the amount of $154,750.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1. The Contract for Services, having been reviewed by the City
Council of the City of The Colony, Texas, and found to be acceptable and in the best
interest of the City and its citizens, be, and the same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute the contract on
behalf of the City of The Colony, Texas, with the terms and conditions as stated therein.
Section 3. This Resolution shall take effect immediately from and after its
adoption and it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS THE 19 DAY OF AUGUST 2025.
__________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, CMC, City Secretary
171
APPROVED AS TO FORM:
__________________________________
Jeffrey L. Moore, City Attorney
172
Agenda Item No: 5.2
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: Planning
Item Type: Ordinance
Agenda Section: regular agenda items
Suggested Action:
Conduct a public hearing, discuss and consider an ordinance regarding the approval of a request for a
Specific Use Permit (SUP) to allow for "Robbie's Retro Game Store" [Thrift Store] with conditions that (1)
the thrift store be located within two miles of another thrift store and (2) that the thrift store is an anchor
store in a shopping center; located at 7512 Main Street, Suite 208 ap-proximately 3,410 sq.ft, located
within the Light Commercial (LC) Zoning District and Gateway Overlay District. (Williams)
Background:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout
and staff recommendations
Attachments:
SUP25-0002 - Robbie's Retro Game Store - 7512 Main Street - CC Staff.doc
SUP25-0002 - Robbie's Retro Game Store - Locator Map.pdf
Applicant Narrative.pdf
Skinner Plaza Site Plan.pdf
SUP25-0002 - Robbie's Retro Game Store - Floor plan.pdf
Ord. 2025-xxxx SUP25-0002 Robbie's Retro Game Store.docx
173
1
CITY COUNCIL REPORT
AGENDA DATE: August 19, 2025
DEPARTMENT: Planning and Development Department
SUBJECT: 7512 Main Street, Suite 208 Robbie’s Retro Game Store (Thrift)-
Specific Use Permit
Conduct a public hearing, discuss and consider an ordinance regarding the approval of a request
for a Specific Use Permit (SUP) to allow for “Robbie’s Retro Game Store” [Thrift Store] with
conditions that (1) the thrift store be located within two miles of another thrift store and (2) that
the thrift store is an anchor store in a shopping center; located at 7512 Main Street, Suite 208
approximately 3,410 sq.ft, located within the Light Commercial (LC) Zoning District and
Gateway Overlay District.
OWNER/APPLICANT
Owner: Alexandria M Skinner Little Elm, TX
Applicant: Chistopher Sheehan Little Elm, TX
EXISTING CONDITION OF PROPERTY
The subject property is an existing two-building strip center and warehouse development of
approximately 20,392 sq.ft. The subject site contains approximately 60,331 sq.ft. (1.39 ac).
PROPOSED DEVELOPMENT
The applicant requests Specific Use Permit (SUP) approval to allow the proposed “Thrift Store”
to be developed within suite 208 of 7512 Main Street. The applicant intends to offer the sale and
purchase of used video game equipment and games. The 3,410 sq.ft. suite includes a storefront
room, server room, storage area and two bathrooms. The request specifically does not place or
request a donation area.
PRIOR ACTION
On August 12, 2025 the Planning and Zoning Commission recommended (6-0) to allow for
“Robbie’s Retro Game Store” [Thrift Store] with conditions that (1) the thrift store be located
within two miles of another thrift store and (2) that the thrift store is an anchor store in a shopping
center; and (3) that the thrift store has no donation area; located at 7512 Main Street, Suite 208
approximately 3,410 sq.ft, located within the Light Commercial (LC) Zoning District and
Gateway Overlay District.
ADJACENT ZONING
North - Light Commercial (LC) – Public Storage
South - General Retail (GR) – Vacant
East- Planned Development 24 (PD24) – Harris Plaza
West- Light Commercial (LC) – Lake Park Plaza
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2
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) recommends approval of the Specific Use Permit, to
allow a thrift store at 7512 Main Street, Suite 280, with conditions that (1) the thrift store be located
within two miles of another thrift store and (2) that the thrift store is an anchor store in a shopping center
and (3) the thrift store does not permit a donation area.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Narrative
4. Floor Plan
ATTACHMENT 1
Staff Analysis
Land Use Analysis
The Zoning Ordinance defines a thrift store as “A retail store that primarily sells second-hand or
used merchandise, furniture and other goods to the general public.” As the applicant intends to
primary sell secondhand video game equipment and games, thrift store is the most appropriate
land use. A thrift store land use may be considered by Specific Use Permit in the subject Light
Commercial (LC) Zoning District.
The Zoning Ordinance applies three regulations to a thrift store by Section 10-2500.
1. A thrift store must be located a minimum of two miles from another thrift store,
measured from door to door (Section 10-2500 (1)).
The closest thrift store to the subject suite is approximately 1.44 miles from Thrift Giant, located
at 5000 Main Street, Suite 270. Thrift Giant offers secondhand goods with a donation area, and
offers primarily clothing items and furniture.
2. A thrift store shall not be the anchor store in a shopping center; it shall be a minimum
of 25 percent smaller in size than the major tenant (Section 10-2500 (2)).
At approximately 3,410 sqft the requested space represents the largest tenant of Skinner Plaza.
3. Drop off points shall be screened with solid screening walls or shrubs that will grow
to a minimum of six feet at maturity, shall be located a minimum of 200 feet from any
residential use and shall remove any donated items and/or accumulated debris on a
daily basis so that no items are left outside overnight.
The applicant has declared in narrative that no donation area, nor donation function of the
business is requested. Staff recommends “no donation area” as a condition of approval.
Suite 208 of Skinner Plaza is currently vacant and no external building or site changes are
associated with the request.
175
3
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 Vision Map identifies this area as “Commercial Destination.” The
proposed thrift use is consistent with the suggested retail and storage use for Commercial
Destinations.
2. Conformance with applicable regulations and standards established by the zoning
regulations;
With the approval of the SUP and conditions thereof, the proposed land use finds
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 proposed thrift store use is generally compatible with the approved uses on abutting
retail and service businesses.
4. Safety and convenience of vehicular and pedestrian circulatio n 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.
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 applicant has not provided
signs for review any future signage is to meet the ordinance.
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;
The proposed development thrift (secondhand video game store) is consistent with the
intended uses for the Light Commercial (LC) Zoning District and compatible with the
surrounding land uses with existing and permitted uses in the vicinity.
176
4
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
Thrift store operations that include a donation area require a review of operations and
reflected conditions. As the applicant has stated no donation area is required, staff
recommends a condition of no donation area. Should a donation area be requested in the
future, a Specific Use Permit Amendment appears the most appropriate path of review.
10. Determination that the proposed use, together with the conditions applicable thereto,
will not be detrimental to the public health, safety, or welfare of mater ially injurious
to properties or improvements in the vicinity.
There is no anticipation of detrimental effects to the public health, safety or welfare.
Infrastructure Improvements
No specific public infrastructure improvements are planned for this area.
Notification
The Zoning Ordinance requires newspaper notification a minimum of ten (15) days prior to the
City Council meeting. Notice for this SUP Public Hearing was published in The Dallas Morning
News on August 2, 2025. In addition, the Zoning Ordinance requires notification of property
owners located within 200 feet of the subject property a minimum of ten (10) days prior to the
Public Hearing. Public Hearing notices were mailed on August 6, 2025 to property owners within
200 feet. No comments either for or against the SUP were received as of printing of this packet.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) recommends approval of the Specific Use Permit, to
allow a thrift store at 7512 Main Street, Suite 280, with conditions that (1) the thrift store be
located within two miles of another thrift store and (2) that the thrift store is an anchor store in a
shopping center and (3) that the thrift store has no donation area.
177
LAKE HIGHLANDS DR
ELM STMAIN ST201
208
207
202
203
205
206
105
104
103
102
101
204
7500
7512
GR
LC
HC
GRGR
LC
HCGR
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: SUP25-0002 - Robbie's Retro Game Store
SubjectArea
Project Number
SUP25-0002
General Retail
Heavy Commercial
Light Commercial
178
We are proposing opening a used video game retail store at 7512 Main St Suite 208. This shop
is essentially a resale store and we will not have a collection bin present, as a matter of fact we
will not be taking donations in any shape or form. The space consists of a storefront complete
with display cases and shelving on the walls as well as a warehouse component in the back of
the site that will be used exclusively as storage and will be only accessed by employees.
Warehouse Space:
Storefront:
179
180
181
182
1
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2025-_____
SPECIFIC USE PERMIT (SUP) – ROBBIE’S RETRO GAME STORE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO
ALLOW A “THRIFT STORE” KNOWN AS ROBBIE’S RETRO GAME
STORE, TO BE LOCATED AT 7512 MAIN STREET, SUITE 208,
CONTAINING A TOTAL AREA OF APPROXIMATELY 3,410 SQUARE
FEET, AND IS WITHIN THE LIGHT COMMERCIAL (LC) ZONING
DISTRICT AND THE GATEWAY OVERLAY DISTRICT; WITH A
CONDITION THAT THE THRIFT STORE BE PERMITTED LESS THAN
THE MINIMUM TWO MILES FROM ANOTHER THRIFT STORE,
MEASURED DOOR TO DOOR; WITH A CONDITION THAT THE
THRIFT STORE IS AN ANCHOR STORE IN A SHOPPING CENTER;
WITH A CONDITION THAT NO DONATION AREA BE ALLOWED;
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 any 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 is of the opinion and finds that Specific Use Permit No. SUP25-0002 to
allow a “Thrift Store” known as Robbie’s Retro Game Store, to be located at 7512 Main Street, suite
208, and is within the Light Commercial (LC) 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 Code of Ordinances, Appendix A, Comprehensive Zoning
Ordinance, of the City of The Colony should be amended by approving Specific Use Permit No.
SUP25-0002, to permit a Specific Use Permit for a Thrift Store use known as “Robbie’s Retro
Game Store” at 7512 Main Street, Suite 208 within the Light Commercial (LC) Zoning District
and 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
183
2
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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS THE 19 DAY OF AUGUST 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
184
3
Exhibit A
185
Agenda Item No: 5.3
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: Finance
Item Type: Presentation
Agenda Section: regular agenda items
Suggested Action:
Discuss and consider the City of The Colony Proposed Preliminary Municipal Budget 2025-2026. (Miller)
Background:
Council to receive presentation on the proposed FY 25/26 annual budget
Attachments:
FY 25-26 Proposed Budget July 31, 2025 Final.pdf
186
Proposed Budget
2025-2026
July 31, 2025
187
Notice of 2025 Tax Year Proposed Tax Rate
The governing body of the City of The Colony has proposed a tax rate of $.6300 per $100
valuation for adoption.
188
TABLE OF CONTENTS
City Manager’s Memo .......................................................................................... 1
General Fund ....................................................................................................... 7
Parks Fund ........................................................................................................ 10
Utility Fund ......................................................................................................... 12
General Debt Service ........................................................................................ 13
Utility Tax Supported Debt ................................................................................. 14
Economic Development Corporation ................................................................. 15
Community Development Corporation ............................................................... 16
Court Building Security and Technology Fund .................................................... 17
Court Technology Fund ...................................................................................... 18
Juvenile Case Manager Fund ............................................................................. 19
Commercial Vehicle Fund .................................................................................. 20
Court Time Payment Fund ................................................................................. 21
Municipal Jury Fund ........................................................................................... 22
Storm Water Utility Fund ..................................................................................... 23
Water/Sewer Impact Fees Fund ........................................................................ 24
Hotel/Motel Tax Fund .......................................................................................... 25
Lake Parks Fund ................................................................................................. 26
Special Events Fund .......................................................................................... 27
Citizen Donation Fund ........................................................................................ 28
Child Safety Fund .............................................................................................. 29
Keep the Colony Beautiful Fund ........................................................................ 30
SLFRF (State and Local Fiscal Recovery Fund)………………………………….. 31
Capital Outlay FY 2026 ....................................................................................... 32
5 Year Comprehensive Improvement Plan (CIP) Summary ................................ 35
189
1 190
2 191
3 192
4 193
5 194
6 195
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
Current Property Taxes 37,228,090 40,668,716 34,829,684 35,660,146
Rendition Penalty Revenue 28,424 17,292 16,000 20,000
Ag. Roll Back Taxes 170431 55,167 -
Delinquent Property Tax 117,117 163,774 100,000 120,000
Penalties & Interest 126,143 153,178 100,000 100,000
Total 37,670,205 41,058,127 35,045,684 35,900,146
Sales Taxes 10,968,877 12,671,908 23,549,328 18,124,328
Mixed Beverage Tax 843,265 925,817 750,000 900,000
Total 11,812,142 13,597,725 24,299,328 19,024,328
Electric 1,747,182 2,201,658 1,800,000 2,000,000
Natural Gas 328,868 307,079 400,000 300,000
Telephone 107,321 71,854 150,000 75,000
PEG Fees 45,875 28,701 150,000 25,000
Video 149,953 126,844 250,000 100,000
Sanitation-Residential 246,458 263,222 250,000 2,600,000
Sanitation-Commercial 286,061 335,673 300,000 400,000
Total 2,911,718 3,335,032 3,300,000 5,500,000
TOTAL TAXES 52,394,065 57,990,884 62,645,012 60,424,474
Building Permits-New Homes 283,296 934,339 850,000 200,000
Building Permits-Other 674,555 606,674 750,000 500,000
Commercial Permits 263,159 72,069 500,000 200,000
Certificates Of Occupancy 4,425 6,075 7,500 5,000
Zoning Fees 14,918 7,910 10,000 2,000
Fire Fees 36,536 41,313 30,000 30,000
Solicitors Permits 876 3,105 2,000 500
Health Permits 136,722 161,811 200,000 150,000
Platting Fees 3,246 3,948 20,000 3,000
Alcohol Permits 23,900 36,450 25,000 20,000
Code Enforcement Fees 24,199 32,417 25,000 25,000
Eng Inspection Overtime Fee 10,560 2,260 8,000 -
Inspection Fees 476,831 31,699 500,000 100,000
Grading Permit 1,960 1,120 1,000 -
TOTAL LICENSES & PERMITS 1,955,183 1,941,189 2,928,500 1,235,500
Ambulance Calls 901,887 1,039,019 900,000 900,000
Ambulance Subscription Revenue 25,357 25,473 25,000 25,000
Service Liens and Filing Fees 18,113 26,780 25,000 23,000
Denton County Engine Response - - 1,500 -
County Ambulance Funds 21,344 21,159 22,000 20,000
County Fire Funds 10,000 10,000 10,000 10,000
Total 976,702 1,122,431 983,500 978,000
CHARGES FOR SERVICES
TAXES
Ad Valorem Taxes
City Sales Taxes
Fire & Ambulance
Revenue & Expenditure Projections
Fiscal Year 2025-2026
Franchise Taxes
LICENSES & PERMITS
GENERAL FUND
7 196
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
Revenue & Expenditure Projections
Fiscal Year 2025-2026
GENERAL FUND
County Library Funds 36,670 54,701 55,000 53,000
Total 36,670 54,701 55,000 53,000
TOTAL CHARGES FOR SERVICES 1,013,372 1,177,132 1,038,500 1,031,000
Municipal Court Fines 835,929 818,438 1,100,000 900,000
Library Fees 6,790 7,648 10,000 10,000
Animal Control Fees 19,970 20,080 30,000 67,300
TOTAL FINES AND FORFEITURES 862,689 846,166 1,140,000 977,300
Interest Income 3,339,920 3,345,860 2,200,000 3,000,000
TOTAL INVESTMENT INCOME 3,339,920 3,345,860 2,200,000 3,000,000
Auction Proceeds 5,650 - 10,000 -
Tower Rental Fees 3,714 99,894 350,000 300,000
Insurance Reimbursement - 187,418 1,000 290,000
LEISD SRO Reimbursement 275,586 207,126 160,000 200,000
LISD SRO Reimbursement 443,784 429,581 430,000 450,000
Miscellaneous 94,882 127,094 75,000 50,000
Misc Revenue - Grants 120,949 28,081 - -
Police Reports 4,671 7,250 5,000 7,000
Alarm Fees 32,133 31,785 30,000 30,000
Lease Interest Revenue 44,268 16,172 - -
Other Financing Sources - Lease - 258,538 -
Lease Income 263,982 321,365 -
TOTAL OTHER REVENUES 1,289,619 1,714,305 1,061,000 1,327,000
TOTAL REVENUES 60,854,848 67,015,536 71,013,012 67,995,274
Transfer - Storm Water Utility 50,000 50,000 50,000 250,000
Transfer In-GDSF - 1,600,000 -
Transfer In - Tax supported debt service - - - 4,300,000
Transfer - Child Safety Fund 10,000 10,000 10,000 10,000
155,031 151,031 152,531 153,331
244,718 244,503 244,682 244,185
50,233 49,985 - -
881,000 - -
Transfers In - Parking Lot (CDC)123,000 - -
Transfers In - CARES Fund - - -
Transfer In - CDC - - -
Transfers in - Hotel/Motel - - 1,200,000
TOTAL TRANSFERS 1,513,982 505,519 2,057,213 6,157,516
62,368,830 67,521,055 73,070,225 74,152,790
Transfers In - EDC S. Colony Conn-Ph2
Transfers In - EDC - Cascades
Transfers In - EDC - Memorial Drive
Transfers In - Hike & Bike Trail (CDC)
FINES AND FORFEITURES
OTHER REVENUES
TRANSFER IN
TOTAL REVENUES & TRANSFERS
INVESTMENT INCOME
Library
8 197
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
Revenue & Expenditure Projections
Fiscal Year 2025-2026
GENERAL FUND
Non-Departmental 9,574,724 14,769,386 35,716,401 25,006,804
General Administration 1,791,881 2,219,395 2,753,000 2,621,191
City Council 73,708 79,093 287,112 178,100
Community Image 599,156 711,350 839,043 802,629
City Secretary 516,141 534,297 586,996 602,370
Human Resources 768,140 966,461 1,069,781 1,141,137
Finance 1,308,477 1,433,220 1,703,728 1,943,923
Information Technology 1,048,094 1,226,529 1,535,364 1,675,823
Planning & Development 300,751 347,567 373,575 432,257
Municipal Court 521,073 538,534 573,695 577,570
Public Safety Dispatch 1,614,765 1,716,923 2,180,381 2,268,273
Fire 13,715,451 14,674,075 15,481,753 16,290,924
Police 14,084,554 15,457,524 15,986,511 17,031,310
Animal Control 698,224 711,592 798,890 890,645
Library 1,312,510 1,404,897 1,588,876 1,623,481
Engineering 2,080,129 2,100,234 2,587,725 3,025,504
Facilities Maintenance 1,398,871 1,535,578 1,588,450 1,818,715
Fleet Services 1,436,993 1,427,130 1,775,269 1,718,381
Personnel Additions/Benefits/Equipment - - - -
Salary Increases/Cert - - - 1,650,693
Health Insurance 10% increase - - - 823,329
Decision Package funding 858,438
TOTAL EXPENDITURES 52,843,641 61,853,785 87,426,550 82,981,497
Transfer - CVB 400,000 800,000 - -
Transfer - Special Events 400,000 444,000 - -
Transfer - KTB 10,000 10,000 10,000 10,000
Transfer - EDC 17,605 - - -
Transfer - Storm Water 1,102,000 - - -
Transfer - Utility - - - -
Transfer - Parks Fund 3,201,823 2,810,000 2,510,000 2,100,000
Transfer - Tax Supported Debt Service - 4,300,000 - -
Transfer - GDS - - -
Transfer - Trinity North - - -
Transfer - G.F. Special Cap - - -
TOTAL TRANSFER OUT 5,131,428 8,364,000 2,520,000 2,110,000
57,975,069 70,217,785 89,946,550 85,091,497
OH COST ALLOCATION (5,661,461) (5,661,461) (5,711,461) (5,711,461)
26,000,210 36,055,432 39,020,163 27,855,299
10,055,223 2,964,731 (11,164,864) (5,227,245)
36,055,432 39,020,163 27,855,299 22,628,053
36,055,432 39,020,163 27,855,299 22,628,053
252 221 121 104
EXCESS/(DEFICIENCY)
ENDING FUND BALANCE
UNRESERVED FUND BALANCE
Working Days in Fund Balance
BEGINNING FUND BALANCE
EXPENDITURES
TRANSFER OUT
TOTAL EXPENDITURES & TRANSFERS
9 198
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Bud get Budget
Recreation Program Revenue 299,242 345,460 300,000 347,500
Athletic Program Revenue 87,645 97,478 90,000 103,000
Athletic & Recreation Facility Revenue 274,748 127,401 175,400 124,150
Pass Revenue 26,038 26,358 23,000 27,600
Total 687,674 596,697 588,400 602,250
Swimming Lessons 224,763 240,147 200,000 245,000
Entrance Fees 40,383 33,987 30,000 37,000
Concession Sales 1,318 1,446 1,100 1,700
Private Party Fees 84,728 115,894 95,000 122,500
Total 351,192 391,474 326,100 406,200
Rental Revenue 20,389 24,289 23,000 82,700
Program Revenue 1,571 2,789 2,000 3,000
Concession Revenue - - 3,000 3,000
Trip Revenue 8,236 11,794 10,000 10,000
Membership Fees 14,027 16,023 12,500 22,000
Total 44,223 54,895 50,500 120,700
TOTAL CHARGES FOR SERVICES 1,083,088 1,043,066 965,000 1,129,150
Hawaiian Water 534,706 349,617 150,000 150,000
Athletic Club 34,815 46,060 75,000 75,000
Miscellaneous 5,622 136,349 - -
Interest Income 202,036 286,852 150,000 250,000
Interest Revenue - Lease - 5,487 - -
Auction Proceeds - 5,498 - -
Lease Revenue - 11,918 - -
Retiree Medical Reimbursement - 22,101 - -
TOTAL OTHER INCOME 777,179 863,881 375,000 475,000
TOTAL REVENUES 1,860,267 1,906,947 1,340,000 1,604,150
Transfer - General Fund 3,201,823 2,810,000 2,510,000 2,100,000
Transfer - CDC - - 850,000 900,000
Transfer - CDC Five Star Maintenance 165,000 165,000 - -
Transfer - CDC Fund Personnel 134,845 134,845 - -
Transfer - Lake Parks Fund 35,000 50,000 50,000 75,000
TOTAL TRANSFERS 3,536,668 3,159,845 3,410,000 3,075,000
5,396,935 5,066,792 4,750,000 4,679,150
TRANSFER IN
PARKS FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
TOTAL REVENUES & TRANSFERS
CHARGES FOR SERVICES
Parks & Recreation
Aquatic Park
Community Center
OTHER INCOME
10 199
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Bud get Budget
PARKS FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
Non-Departmental - 1,291 -
Parks & Recreation 2,560,237 2,928,623 3,581,271 3,700,245
Aquatic Park 480,189 535,128 607,412 604,009
Community Center 272,451 273,927 309,498 315,536
Capital - - -
TOTAL EXPENDITURES 3,312,878 3,738,969 4,498,181 4,619,790
OH COST 1,014,398 1,014,398 1,014,398 1,014,398
1,303,189 2,372,848 2,686,273 1,923,694
1,069,659 313,425 (762,579) (955,038)
2,372,848 2,686,273 1,923,694 968,656
200 206 127 63
EXPENDITURES
EXCESS (DEFICIENCY)
Working Days in Fund Balance
ENDING FUND BALANCE
BEGINNING FUND BALANCE
11 200
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
CHARGES FOR SERVICES
17,176,512 17,685,449 20,500,000 18,500,000
8,816,615 9,294,773 9,500,000 9,500,000
4,880 5,880 8,000 4,000
598,743 577,650 475,000 500,000
125,500 231,977 250,000 100,000
910,400 1,152,181 900,000 1,500,000
81,699 95,445 125,000 81,000
Solid Waste / Recycling 91,547 97,710 - 900,000
Recycling Education Contribution 36,000 36,000 36,000 36,000
27,841,897 29,177,065 31,794,000 31,121,000
TRANSFERS IN
100,000 100,000 100,000 250,000
100,000 100,000 100,000 250,000
TOTAL REVENUES & TRANSFERS 27,941,897 29,277,065 31,894,000 31,371,000
EXPENDITURES
1,586,185 1,880,819 2,087,038 2,136,533
Environmental 110,890 126,482 146,500 201,214
Engineering - - - 150,000
Storm Water - Engineering 9,050 32,860 63,500 58,500
Storm Water - Streets & Drainage 115,229 140,525 219,854 652,015
2,742,457 3,515,198 3,910,602 4,249,359
1,036,801 1,410,947 1,612,099 1,835,182
5,409,155 6,113,558 6,232,526 7,126,994
2,255,176 2,584,539 2,391,752 2,620,293
108,223 15,897 275,500 1,150,000
13,373,167 15,820,826 16,939,371 20,180,090
TRANSFERS OUT
- - - -
6,000,000 8,550,000 8,550,000 10,000,000
- - - -
TOTAL TRANSFERS OUT 6,000,000 8,550,000 8,550,000 10,000,000
19,373,167 24,370,826 25,489,371 30,180,090
OH COST 4,448,630 4,448,630 4,498,630 4,498,630
5,803,638 9,923,738 10,381,347 12,287,346
4,120,100 457,609 1,905,999 (3,307,720)
9,923,738 - 10,381,347 12,287,346 8,979,626
152 131 150 95
TOTAL REVENUES
Water Service
Wastewater Service
UTILITY FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
Reconnect Fees
Penalties
Tap Connection Fees
Interest Income
Miscellaneous
Waste Water
Customer Service - Administration
Streets & Drainage
TOTAL EXPENDITURES
Transfer - Storm Water Utility Fund
TOTAL TRANSFERS IN
Non-Departmental
Water Production
Water Distribution
Transfer - General Fund
Transfer - Utility Debt Service
Transfer - Storm Water Utility Fund
TOTAL EXPENDITURES & TRANSFERS
BEGINNING FUND BALANCE
EXCESS (DEFICIENCY)
ENDING FUND BALANCE
Working Days in Fund Balance
12 201
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
Revenues
7,073,578 7,913,827 11,133,040 11,452,628
28,384 37,396 25,000 25,000
55,216 14,105
26,388 30,681 25,000 25,000
557,392 635,302 500,000 500,000
Bond Proceeds - --
Bond Premiums - - -
- - --
7,740,958 8,631,311 11,683,040 12,002,628
TRANSFERS IN
- - -
- - - -
TOTAL REVENUES & TRANSFERS 7,740,958 8,631,311 11,683,040 12,002,628
EXPENDITURES
Refunding Bonds - 2012/2003 &2007 224,025 - -
155,031 151,531 152,531 153,331
Refunding Bonds - 2013/2004 GF/Utility 373,700 372,750 - -
Refunding Bonds - 2014/2006 GF/Utility 269,361 268,447 268,728 268,779
Refunding Bonds - 2015/2005 &2007 GF/U 685,950 688,602 687,242 685,372
Refunding Bonds - 2020/2010 &2010A 811,912 807,012 808,519 808,519
Certificates of Obligation - 2014 221,467 221,502 221,869 221,852
Certificates of Obligation - 2016 947,726 948,513 947,726 945,363
Certificates of Obligation - 2018 1,085,310 913,860 913,365 921,330
Certificates of Obligation - 2019 991,709 992,329 864,454 865,462
Certificates of Obligation - 2020 253,500 252,813 253,125 254,375
Certificates of Obligation - 2021 491,625 491,738 491,175 489,938
Certificates of Obligation - 2022 935,530 933,975 934,800 934,575
Certificates of Obligation - 2024 - - 0 2,256,250
Certificates of Obligation - 2025 - - 0 3,251,187
Governmental Capital 10 year note (2)112,165 111,271 - -
Equipment Capital Lease 10 year Oshkos 135,693 135,693
Governmental Capital 3 year note (1) - - - -
Refunding of 2010 and 2010A Cos
4,157 3,788 4,000 4,000
TOTAL EXPENDITURES 7,698,861 7,293,823 6,547,534 12,060,333
Transfer - General Fund - - 1,600,000
Transfer - CIP - - - -
TOTAL EXPENDITURES & TRANSFERS 7,698,861 7,293,823 6,547,534 12,060,333
42,098 1,337,488 5,135,506 (57,705)
11,823,897 11,865,995 13,203,482 18,338,989
11,865,995 13,203,482 18,338,989 18,281,284 ENDING FUND BALANCE
Certificates of Obligation - 2013
Fiscal Agent Fees & Other
TOTAL TRANSFERS IN
TRANSFER OUT
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
GENERAL DEBT SERVICE
Revenue & Expenditure Projections
Fiscal Year 2025-2026
Ag. Roll Back Taxes
TOTAL REVENUES
Misc Income
Transfers In - General Fund
Current Property Taxes
Delinquent Property Taxes
Penalty & Interest
Investment Income
13 202
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
CHARGES FOR SERVICES
6,346 1,045 - -
- - - -
535,986 518,833 400,000 400,000
--
Fees- SRF Revenue 488,591 494,142 450,000 450,000
Gain on Refunding - - - -
272,803 588,352 200,000 500,000
1,303,725 1,602,371 1,050,000 1,350,000
TRANSFERS IN
Transfers In - EDC 4A 306,118 305,849 306,073 305,451
Water/Sewer Impact Fees 750,000 750,000 750,000 750,000
SLFRF Fund Transfer - -
Revenue Supported Debt Balance Transfe - - - -
Transfers In - Utility Fund 6,000,000 8,550,000 8,550,000 10,000,000
Transfer In - General Fund 4,300,000
Premium - -
7,056,118 13,905,849 9,606,073 11,055,451
TOTAL REVENUES & TRANSFERS 8,359,843 15,508,220 10,656,073 12,405,451
EXPENDITURES
Revenue Refunding Bonds 2012 (03,07,08 74,675 - -
General Obligation Refunding Bonds - 20 1,494,800 1,491,000 - -
General Obligation Refunding Bonds - 20 1,315,144 1,310,653 1,312,023 1,312,023
General Obligation Refunding Bonds - 20 265,088 263,488 263,981 264,719
Cetificate of Obligation - 2014 1,360,439 1,360,654 1,362,912 1,362,804
Cetificate of Obligation - 2015 817,850 817,425 829,125 702,025
Cetificate of Obligation - 2015 Refunding 322,800 324,048 323,408 322,528
Cetificate of Obligation - 2016 406,168 406,506 406,168 405,156
Cetificate of Obligation - 2018 120,590 101,540 101,485 102,370
Cetificate of Obligation - 2019 607,822 608,202 529,827 530,444
Cetificate of Obligation - 2020 760,500 758,438 759,375 763,125
Cetificate of Obligation - 2021 54,625 54,638 54,575 54,225
Cetificate of Obligation - 2022 623,687 622,650 623,200 623,200
Certificate of Obligation - 2024 - - 227,325
Certificate of Obligation - 2025 - - 315,157
Fees/Cost of Issuance 3,456 3,319 21,500 4,000
Transfer - CIP -
Transfer - General Fund - - - 4,300,000
TOTAL EXPENDITURES 8,227,644 8,122,561 6,587,579 11,289,101
132,199 7,385,659 4,068,494 1,116,350
(2,719,558) (2,587,359) 4,798,301 8,866,795
(2,587,359) 4,798,301 8,866,795 9,983,145
Current Property Taxes
Delinquent Property Taxes
UTILITY TAX SUPPORTED DEBT
Revenue & Expenditure Projections
Fiscal Year 2025-2026
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Amortization of Premium
Penalty & Interest
Investment Income
TOTAL REVENUES
TOTAL TRANSFERS IN
TRANSFER OUT
14 203
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
CITY SALES TAXES
Gross Sales Tax Revenues 5,483,439 13,632,841 11,774,664 9,063,664
Investment Income 724,017 1,013,956 1,012,356 1,000,000
Bond Proceeds - - - -
Miscellaneous Revenue 2,145 1,760 - -
TOTAL REVENUES 6,209,600 14,648,557 12,787,020 10,063,664
EXPENDITURES
Personnel Services 531,709 520,716 589,049 583,240
Contractual Services 50,676 41,219 302,000 302,250
Marketing 301,681 330,170 425,000 425,000
Supplies 18,328 10,932 24,000 24,000
Maintenance 1,579 175 1,500 2,000
Building Roof Maintenance 118,580 0 - -
Economic Development Incentives 103,520 442,305 7,693,000 6,643,000
Grant Program 13,302 22,996 500,000 500,000
Debt Service - Land 607,920 607,344 611,152 609,344
Capital SUV 65,000 - - -
Capital Outlay-Vehicles 121,414 -
Captial Outlay - Parking Lot Improvements - - 1,000,000 1,000,000
Capital Outlay-Generator 15,440 180,597 28,963 -
Capital Outlay-Fiber Loop 276,295 180,477 17,000 -
Capital Outlay - Other Equipment - 84,885 35,115 -
Sales Tax Rebate 248,657 7,832,639 7,635,000 8,280,000
TOTAL EXPENDITURES 2,474,101 10,254,455 18,861,779 18,368,834
TRANSFERS OUT
Transfer Out - General Fund BPP - - - -
Transfer Out - GF Cap Contribution - - - -
Transfer Out - GF -(S.Colony Conn-Ph2)155,031 151,031 152,531 153,331
Transfer Out - GDSF - Cascades 244,718 244,503 244,682 *244,185
Transfer Out - GDSF 50,233 49,985 - -
Transfer Out - UFDS 306,118 305,849 306,073 *305,451
TOTAL TRANSFERS OUT 756,100 - 751,368 703,286 702,967
TOTAL EXPENDITURES 3,230,201 11,005,823 19,565,065 19,071,801
OH COST 91,380 91,380 91,380 91,380
EXCESS (DEFICIENCY) 2,888,019 3,551,354 (6,869,425) (9,099,517)
BEGINNING FUND BALANCE 14,975,189 17,863,208 21,414,562 14,545,137
ENDING FUND BALANCE 17,863,208 21,414,562 - 14,545,137 - 5,445,620
ECONOMIC DEVELOPMENT - TYPE A SALES TAXES
Revenue & Expenditure Projections
Fiscal Year 2025-2026
* This is the final payment for this debt series
15 204
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
CITY SALES TAXES
5,483,439 13,632,841 11,774,664 9,063,664
541,828 742,961 50,000 700,000
Miscellaneous - -
6,025,267 14,375,802 11,824,664 9,763,664
TRANSFERS IN
Transfer from General Fund - -
Transfer from Capital Projects Fund - -
TOTAL TRANSFERS IN - - - - - -
TOTAL REVENUES & TRANSFERS 6,025,267 14,375,802 11,824,664 9,763,664
EXPENDITURES-OPERATIONAL
150,017 164,544 2,915 12,789
51,353 96,965 4,000 1,800
8,436 19,487 5,700 6,200
49,470 39,432 53,590 13,490
Sales Tax Rebate 248,657 7,832,639 7,186,228 8,220,000
- - - -
507,932 8,153,066 7,252,433 8,254,279
TRANSFERS OUT
Trnsfr Out - General Fund - - - -
Trnsfr Out - GDSF (Complex Debt)- -
Trnsfr Out - Parks Fd (Five Star Maint.)165,000 165,000
Trnsfr Out - Parks Fd - - 850,000 900,000
Trnsfr Out - GDSF (Hike & Bike Trail)881,000 *- -
Trnsfr Out GDSF (Parking Lot)123,000 *
Trnsfr Out - Parks Fund (Personnel)134,845 134,845
Trnsfr Out - Park Improvement 7,083,340 4,000,000 3,500,000 - 4,228,516
TOTAL TRANSFERS OUT 8,387,185 - 4,299,845 4,350,000 5,128,516
TOTAL EXPENDITURES & TRANSFERS 8,895,117 - 12,452,911 11,602,433 13,382,795
OH COST 35,688 35,692 35,692 35,692
(2,905,538) 1,887,199 186,539 (3,654,823)
10,668,721 7,763,183 9,650,382 9,836,921
7,763,183 9,650,382 9,836,921 6,182,098
*This debt was paid off in FY 22/23
Sales Tax Revenues
Investment Income
COMMUNITY DEVELOPMENT - TYPE B SALES TAXES
Revenue & Expenditure Projections
Fiscal Year 2025-2026
TOTAL EXPENDITURES
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
TOTAL REVENUES
Personnel Services
Capital Outlay
Contractual Services
Supplies
Maintenance
16 205
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
Court Security Revenue 22,090 21,563 20,000 36,000
Investment Income
TOTAL REVENUES 22,090 21,563 20,000 36,000
EXPENDITURES
Personnel Services - 389 - -
Contractual Services 2,000 2,930 - 1,070
Supplies 2,921 - 5,000 300
Maintenance - - 1,000 24,066
Capital Outlay - - - -
TOTAL EXPENDITURES 4,921 3,319 6,000 25,436
17,169 18,244 14,000 10,564
302,016 319,185 337,429 351,429
319,185 337,429 351,429 361,993
* The Court technology Fund was consolidated into Court Security and Technology Fund in May 2025. The FY 25-26 budget for Court Technology was transferred to this Fund.
BEGINNING FUND BALANCE
ENDING FUND BALANCE
EXCESS (DEFICIENCY)
Court Building Security and Technology Fund (Consolidated)
Revenue & Expenditure Projections
Fiscal Year 2025-2026
17 206
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
Court Technology Revenue 18,124 17,689 16,000
Investment Income - - - -
TOTAL REVENUES 18,124 17,689 16,000 -
EXPENDITURES
Contractual Services - - -
Supplies/ copiers/Telephone 516 220 300
Maintenance - Office Equipment - 10,519 15,000
Non-Capital
Capital Outlay - - - -
Overhead Costs
TOTAL EXPENDITURES 516 10,739 15,300 -
17,609 6,950 700 -
45,819 63,428 70,378 71,078
63,428 70,378 71,078 71,078
* This fund was consolidated into the Court Security and Technology Fund in May 2025. The FY25-26 budget for Court Technology was transferred to that fund.
ENDING FUND BALANCE
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
COURT TECHNOLOGY
Revenue & Expenditure Projections
Fiscal Year 2024-2025
18 207
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
Juvenile Case Manager Fee 23,021 22,265 40,000 22,000
Investment Income - -
TOTAL REVENUES 23,021 22,265 40,000 22,000
EXPENDITURES
Personnel Services - - - -
TOTAL EXPENDITURES - - - -
23,021 22,265 40,000 22,000
95,881 118,902 141,167 181,167
118,902 141,167 181,167 203,167 ENDING FUND BALANCE
JUVENILE CASE MANAGER FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
19 208
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
Commercial Vehicle Fee/Weight 2,059 5,571 5,000 7,000
Investment Income
TOTAL REVENUES 2,059 5,571 5,000 7,000
EXPENDITURES
Personnel Services 3,054 - 4,200 4,300
Contractual Services - - 300 1,000
Supplies 262 183 500 1,000
Maintenance - - -
Capital Outlay - - -
TOTAL EXPENDITURES 3,316 183 5,000 6,300
(1,257) 5,388 - 700
12,861 11,604 16,992 16,992
11,604 16,992 16,992 17,692 ENDING FUND BALANCE
COMMERCIAL VEHICLE FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
20 209
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
Court Time Payment Fee 6,152 7,306 3,000 7,000
Investment Income - - - -
Transfer In - General Fund - - - -
TOTAL REVENUES 6,152 7,306 3,000 7,000
EXPENDITURES
Personnel Services - - - -
Contractual Services - - - -
Supplies - - - -
Maintenance - - - -
Capital Outlay - - - -
TOTAL EXPENDITURES - - - -
6,152 7,306 3,000 7,000
26,965 33,117 40,422 43,422
33,117 40,422 43,422 50,422 ENDING FUND BALANCE
COURT TIME PAYMENT FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
21 210
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
Municipal Jury Fee - - - 500
TOTAL REVENUES - - - 500
EXPENDITURES
Personnel Services - - - - -
Contractual Services - - - 350
Supplies - - - -
Maintenance - - - -
Capital Outlay - - - -
TOTAL EXPENDITURES - - - 350
- - - 150
- - - -
- - - 150 ENDING FUND BALANCE
MUNICIPAL JURY FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
22 211
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
1,275,523 1,315,078 1,300,000 1,300,000
Reimbursement Tribute PTNRS - -
- - - -
1,275,523 1,315,078 1,300,000 1,300,000
Transfer In - General Fund 1,102,000 - -
TOTAL REVENUES & TRANSFERS 2,377,523 1,315,078 1,300,000 1,300,000
EXPENDITURES
Contractual Servics - - - -
Maintenance 370,758 - - 450,000
Capital Outlay 520,467 - 1,000,000 200,000
TOTAL EXPENDITURES 891,226 - - 1,000,000 - 650,000
TRANSFERS OUT
50,000 50,000 50,000 250,000
203,925 - - -
Projects to be determined - - - -
100,000 100,000 100,000 250,000
TOTAL TRANSFERS OUT 353,925 150,000 150,000 500,000
1,245,151 150,000 1,150,000 1,150,000
1,132,373 1,165,078 150,000 150,000
1,249,271 2,381,644 3,546,721 3,696,721
2,381,644 3,546,721 3,696,721 3,846,721
Storm Water Utility Fees
Investment Income
STORM WATER UTILITY FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
TOTAL EXPENDITURES & TRANSFERS
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
TOTAL REVENUES
Transfer - General Fund
Transfer - Utility CIP
Transfer - Utility Fund
23 212
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Bud get Budget
IMPACT FEES
Water Impact Fees 222,501 421,387 400,000 200,000
Sewer Impact Fees 120,734 2,301,397 200,000 300,000
Investment Income - - - -
TOTAL REVENUES 343,235 2,722,784 600,000 500,000
EXPENDITURES
Water Impact Fee Reimbursement - - - -
Sewer Impact Fee Reimbursement - 11,168 240,000
Contractual Services - Water Master Pla - 16,884 - -
TOTAL EXPENDITURES - 28,052 240,000 -
TRANSFERS OUT:
Transfer - Capital Project Admin - - -
Transfer - Utility Revenue Debt Service 750,000 750,000 750,000 750,000
TOTAL TRANSFERS OUT 750,000 750,000 750,000 750,000
TOTAL EXPENDITURES & TRANSFERS 750,000 778,052 990,000 750,000
EXCESS (DEFICIENCY)(406,765) 1,944,732 (390,000) (250,000)
BEGINNING FUND BALANCE 1,358,871 952,106 2,896,838 2,506,838
ENDING FUND BALANCE 952,106 2,896,838 2,506,838 2,256,838
WATER/SEWER IMPACT FEES FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
24 213
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
HOTEL/MOTEL TAXES
Taxes 2,356,974 2,538,160 2,010,000 2,290,500
Miscellaneous 1,095 5,173 - 100,000
2,358,069 2,543,333 2,010,000 2,390,500
TRANSFERS IN
Transfer from - General Fund 400,000 800,000 - -
TOTAL TRANSFERS IN 400,000 800,000 - -
TOTAL REVENUES & TRANSFERS 2,758,069 3,343,333 2,010,000 2,390,500
EXPENDITURES
Communications
129,090 134,364 136,734 8,387
11,132 11,883 64,599 14,883
1,503 2,661 3,490 5,528
Maintenance - 1,809 500 39,217
340,408 369,847 451,873 570,300
Contractual Services 560,051 255,181 677,595 230,200
8,499 15,054 12,000 20,831
Maintenance - 20,640 20,173 48,237
314,925 433,056 450,000 450,000
31,177 - - -
1,396,786 1,244,493 1,816,964 1,387,583
TRANSFERS OUT
Transfer to CIP - - - -
Transfer to General Fund - - - 1,200,000
Transfer to Special Event 200,000 200,000 700,000 525,000
TOTAL TRANSFERS OUT 200,000 200,000 700,000 1,725,000
TOTAL EXPENDITURES & TRANSFERS 1,596,786 1,444,493 2,516,964 3,112,583
OH COST 35,691 35,691 35,691 35,691
1,125,592 1,863,148 (542,655) (757,774)
884,209 2,009,801 3,872,950 3,330,295
2,009,801 3,872,950 3,330,295 2,572,521
TOTAL REVENUES
HOTEL/MOTEL TAX FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Personnel Services
Contractual Services
Supplies
CVB
Personnel Services
Capital Items
TOTAL EXPENDITURES
Supplies
NFM HOT Reimbursements
25 214
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
CHARGES FOR SERVICES
372,429 443,974 304,000 414,000
Concession Revenues 769 1,841 1,000 1,500
Tribute Lease 123,466 152,527 120,000 120,000
Stewart Peninsula Gold Course Lease - 10,000 - -
Blue Sky - - 12,000 12,000
Marine Quest 139,218 124,407 90,000 90,000
19,218 60,171 - -
Mitigation Fees - - - -
100,553 158,613 - -
755,653 951,533 527,000 637,500
TOTAL REVENUES & TRANSFERS 755,653 951,533 - 527,000 637,500
EXPENDITURES
17,860 33,520 34,050 32,500
- 13,300 20,000 20,000
80,342 94,408 109,300 109,200
11,922 12,012 15,150 14,700
112,110 226,838 55,000 47,700
Non-Capital - Other Equipment - - - -
4,200 14,985 - -
226,434 395,063 233,500 224,100
TRANSFERS OUT
35,000 50,000 50,000 75,000
TOTAL TRANSFERS OUT 35,000 50,000 50,000 75,000
261,434 445,063 283,500 299,100
494,219 506,470 243,500 338,400
1,560,517 2,054,736 2,561,206 2,804,706
2,054,736 2,561,206 2,804,706 3,143,106
Maintenance
ENDING FUND BALANCE
Capital Outlay
TOTAL EXPENDITURES
Transfer to Parks Fund
TOTAL EXPENDITURES & TRANSFERS
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
Lease Interest Revenue
Lease Revenue
TOTAL REVENUES
Contractual Services
Supplies
Part Time Temporary Personel
Professional Services
Fees & Permits
LAKE PARKS FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
26 215
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
Donations & Sponsorships 31,852 36,344 36,200 46,800
23,719 37,610 36,000 31,000
55,572 73,954 72,200 77,800
TRANSFERS IN
400,000 444,000 444,000 -
200,000 200,000 200,000 525,000
600,000 644,000 644,000 525,000
TOTAL REVENUES & TRANSFERS 655,572 717,954 716,200 602,800
EXPENDITURES
Personnel 116,859 147,306 160,768 166,354
Supplies - - - -
Printing Services 3,284 3,275 3,200 1,100
Christmas 7,384 7,500 10,500 14,000
Christmas Light Show Supplemental 49,512 64,909 65,000 74,750
Liberty by The Lake 45,544 95,717 100,000 105,000
American Heroes 275,305 246,064 245,000 249,700
Parent Child Event 6,550 6,550 6,550 6,550
Halloween Festival 6,000 - - -
Easter Egg Hunt 6,092 6,500 7,500 8,000
Event Marketing 4,378 3,166 3,500 3,620
Arbor Day 1,209 2,499 1,750 2,850
Movies In The Park 4,915 6,000 6,000 6,000
Coach Cox Kids Chase 2,537 - 4,500 4,500
Up, Up & Away 2,537 4,201 4,000 4,000
Back To School 0 2,013 2,500 3,000
Bow Wow Pow Wow 1,074 1,914 2,000 2,250
Road Runners Club 10,000 10,000 10,000 10,000
N TX Food Pantry - 5,000 5,000 5,000
Chamber Golf Tourney - - 6,000 6,000
Lakeside Community Theatre 12,000 12,000 12,000 12,000
Metro Relief - - - -
TOTAL EXPENDITURES 555,180 624,615 655,768 684,674
OH COST 35,670 35,670 35,670 35,670
64,722 57,669 24,762 (117,544)
(21,675) 43,047 100,716 125,478
43,047 100,716 125,478 7,934
Event Revenues
SPECIAL EVENTS FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
ENDING FUND BALANCE
TOTAL REVENUES
Transfer from - General Fund
Transfer from - Hotel/Motel Tax
TOTAL TRANSFERS IN
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
27 216
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
One Dollar Donation 252 247 300 200
Recycling Rebate Donation - - - -
Investment Income - - - -
TOTAL REVENUES 252 247 300 200
EXPENDITURES
Contractual Services - - - -
TOTAL EXPENDITURES - - - -
252 247 300 200
10,391 10,643 10,890 11,190
10,643 10,890 11,190 11,390
BEGINNING FUND BALANCE
ENDING FUND BALANCE
EXCESS (DEFICIENCY)
CITIZEN DONATION FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
28 217
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
Child Safety Fund Revenue 3,293 2,988 2,000 2,000
Denton County Child Safety Fund 50,545 50,000 50,000 53,760
53,838 52,988 52,000 55,760
TOTAL REVENUES & TRANSFERS 53,838 52,988 52,000 55,760
EXPENDITURES
Child Advocacy Center 59,500 65,608 50,000 53,760
TOTAL EXPENDITURES 59,500 65,608 50,000 53,760
TRANSFER OUT
Transfer - General Fund 10,000 10,000 10,000 10,000
TOTAL TRANSFER OUT 10,000 10,000 10,000 10,000
69,500 75,608 60,000 63,760
(15,662) (22,620) (8,000) (8,000)
86,670 71,008 48,388 40,388
71,008 48,388 40,388 32,388 ENDING FUND BALANCE
TOTAL REVENUES
TOTAL EXPENDITURES & TRANSFERS
CHILD SAFETY FUND
Revenue & Expenditure Projections
Fiscal Year 2025-2026
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
29 218
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
Donations - - - -
- - - -
TRANSFERS IN
10,000 10,000 10,000 10,000
10,000 10,000 10,000 10,000
TOTAL REVENUES & TRANSFERS 10,000 10,000 10,000 10,000
EXPENDITURES
Personnel 445 774 2,250 2,168
Contractual Services - - 300 -
Supplies 7,907 8,150 13,200 13,889
Maintenance - - - -
TOTAL EXPENDITURES 8,351 8,924 15,750 16,057
TRANSFERS OUT
General Fund - - - -
8,351 8,924 15,750 16,057
1,649 1,076 (5,750) (6,057)
11,199 12,848 13,924 8,174
-
12,848 13,924 8,174 2,117 ENDING FUND BALANCE
TOTAL REVENUES
Transfer In - General Fund
TOTAL TRANSFERS IN
TOTAL EXPENDITURES & TRANSFERS
EXCESS (DEFICIENCY)
KEEP THE COLONY BEAUTIFUL
Revenue & Expenditure Projections
Fiscal Year 2025-2026
BEGINNING FUND BALANCE
30 219
2022-2023 2023-2024 2024-2025 2025-2026
Actual Actual Budget Budget
REVENUES
- - -
- - -
- - - -
TOTAL REVENUES & TRANSFERS - - - -
EXPENDITURES
Capital Outlay - 894,976 - -
TOTAL EXPENDITURES - 894,976 - -
TRANSFERS OUT
- - -
- - - -
TOTAL TRANSFERS OUT - - - -
- 894,976 - -
- (894,976) - -
11,032,945 11,032,945 10,137,969 10,137,969
11,032,945 10,137,969 10,137,969 10,137,969 ENDING FUND BALANCE
TOTAL REVENUES
Transfer - Tax Debt Fund
Transfer - Utility Fund
TOTAL EXPENDITURES & TRANSFER
EXCESS (DEFICIENCY)
BEGINNING FUND BALANCE
Interest
SLFRF Fund
Revenue & Expenditure Projections
Fiscal Year 2025-2026
SLFRF Revenue
31 220
Department Title Special Cost
Community Image 1/2 Ton Pickup Truck 49,624.00$
Community Image Total: 49,624.00$
Emergency Management Outdoor Warning Sirens 160,000.00$
Emergency Management Total: 160,000.00$
Engineering Sanitary Sewer Manhole Replacement 250,000.00$
Engineering Phase 16 Street Reconstruction 350,000.00$
Engineering Mill & Asphalt Overlay 1,000,000.00$
Engineering Total: 1,600,000.00$
Facilities Maintenance Building Maitenance Equipment 14,407.94$
Facilities Maintenance HVAC Split System Replacements (Police) 22,585.00$
Facilities Maintenance HVAC Unit Replacements (Government Admin) 40,325.00$
Facilities Maintenance Total: 77,317.94$
Fire Extrication Tools 38,907.00$
Fire 1/2 Ton Pickup Truck 71,034.00$
Fire 3/4 Ton Pickup Truck 73,750.00$
Fire Rescue Shoring Struts and Stabalizers 147,130.00$
Fire Medic 14 Replacement 441,291.00$
Fire Total: 772,112.00$
Fleet Fuel Master Live 22,341.00$
Fleet Tire Balancing and Mounting Machines 39,878.00$
Fleet Mobile Column Lifts 84,849.29$
Fleet Total: 147,068.29$
Police Tyler Cloud Migration & RMS Upgrade 148,750.00$
Police Mobile Radio Replacement 183,545.00$
Police Replace Police Vehicles 458,810.00$
Police Total: 791,105.00$
Capital Outlay
32 221
Department Title Special Cost
PW - Streets Walk Behind Track Loader 14,565.67$
PW - Streets 5th Wheel Equipment Trailer 50,000.00$
PW - Streets 1/2 Ton 4x4 Pickup Truck 68,500.00$
PW - Streets Attenuator Trailer (2x) 71,250.00$
PW - Streets 3/4 Ton Pickup Truck 78,500.00$
PW - Streets Semi Tractor w/ 5th Wheel 110,000.00$
PW - Streets Backhoe Loader 153,596.76$
PW - Streets 1 Ton Pickup Truck (2x) 187,000.00$
PW - Streets 8 Yard Dump Truck (2x) 215,050.00$
PW - Streets General Street Repairs 2,000,000.00$
PW - Streets General Alley Repairs 5,000,000.00$
Public Works - Streets Total: 7,883,896.76$
Stormwater - Eng North Colony & Reagan Drainage Improvements 750,000.00$
Storm Water Enginnering Total: 750,000.00$
Total Government Capital Project Fund:12,263,406.83$
Lake Parks Kayak Trail at West Shore Park 150,000.00$
Lake Parks Fund Total:150,000.00$
PARD 3/4 Ton Pickup Truck 100,000.00$
PARD Aquatic Park Renovations 450,000.00$
PARD Perryman Playground Replacement 500,000.00$
PARD Athletic Facility Upgrades 1,000,000.00$
PARD Recreation Center Renovation 1,000,000.00$
Park Improvement Fund Total: 3,050,000.00$
Stormwater - PW Hydraulic Hammer 17,000.00$
Stormwater - PW Rotary Cutters 20,000.00$
Stormwater - PW Swivel Dump Mud Buggy 25,000.00$
Storm Water Fund Total: 62,000.00$
Capital Outlay
33 222
Department Title Special Cost
PW - Waste Water Sanitarian Truck 39,386.15$
PW - Waste Water SCADA Upgrades 50,000.00$
PW - Waste Water SxS Replacements (x2) 52,550.08$
PW - Waste Water Maintainer Truck 220,000.00$
PW - Water Dist Trench Box 15,000.00$
PW - Water Dist 1/2 Ton Pickup Truck 55,963.00$
PW - Water Dist 1 Ton Pickup Truck 74,807.04$
PW - Water Dist Small Pickup Dump Truck 91,000.00$
PW - Water Prod Replacing SCADA Computer System 46,900.00$
PW - Water Prod Replacement Cargo Van 71,345.00$
PW - Water Prod Replace Office Creek Pump #3 175,900.00$
PW - Water Prod Pull, Inspect and Rebuild Well #3 315,000.00$
PW - Water Prod Replace Right Side Motor Control Center @ Office Creek 475,000.00$
Utility Capital Project Fund Total:1,682,851.27$
Capital Outlay Total:17,208,258.10$
Capital Outlay
34 223
DeptProject NameFY26FY27FY28FY29FY30Total:Engineering Phase 16 Street Reconstruction350,000.00$ 5,650,000.00$ 6,000,000.00$ Engineering Mill & Asphalt Overlay (Phase 16)1,000,000.00$ 1,000,000.00$ 2,000,000.00$ Engineering Sanitary Sewer Manhole Replacement250,000.00$ 500,000.00$ 250,000.00$ 1,000,000.00$ FireMedic 14 Replacement-$ 441,291.00$ 441,291.00$ PARD Rec Center Renovation1,000,000.00$ 1,500,000.00$ 17,000,000.00$ 8,521,712.62$ 28,021,712.62$ PARD Aquatic Park Renovation & Upgrades450,000.00$ 450,000.00$ 900,000.00$ PARD Athletic Facility Upgrades1,000,000.00$ 1,000,000.00$ 1,000,000.00$ 1,000,000.00$ 1,000,000.00$ 5,000,000.00$ Public Works Replace Right Side MCC at Office Creek 475,000.00$ 475,000.00$ 950,000.00$ Totals:4,525,000.00$ 11,016,291.00$ 18,250,000.00$ 9,521,712.62$ 1,000,000.00$ 44,313,003.62$ Comprehensive Improvement PlanFY 26-3035224
Agenda Item No: 5.4
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: Finance
Item Type: Discussion
Agenda Section: regular agenda items
Suggested Action:
Conduct a public hearing, discuss and consider the City of The Colony Fiscal Year Budget beginning
October 1, 2025 through September 30, 2026; providing for intra and inter departmental fund transfers;
providing that expenditures for said Fiscal Year to be made in accordance with said budget. (Miller)
Background:
Council to receive a presentation on the proposed FY 25-26 budget and conduct a public hearing on the
same.
225
Agenda Item No: 5.5
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department:
Item Type: Discussion
Agenda Section: regular agenda items
Suggested Action:
Conduct a public hearing and discuss the proposed 2025-2026 tax rate not to exceed $0.63000 cents
per $100 valuation for the taxable value of real and personal property located within the City of The
Colony, and announce that the tax rate will be voted on September 2, 2025 at 6:30 p.m. at The Colony
City Hall, 6800 Main Street. (Miller)
Background:
226
Agenda Item No: 5.6
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: General Admin
Item Type: Resolution
Agenda Section: regular agenda items
Suggested Action:
Discuss and consider approving a resolution accepting a preliminary service and assessment plan for
the City of The Colony Public Improvement District, and assessment roll on properties located within the
Public Improvement District No. 1. for the Fiscal Year 2025-26, and schedule a public hearing for
September 16, 2025, concerning the levy of special assessments. (Maurina)
Background:
Attachments:
The Colony Grandscape PID - SAP - 2025 26 Annual Service and Assessment Plan (1053550.5)
v3.docx
Res. 2025-xxx FY2025-26 Prelim PID Assessment Plan.docx
227
1775.016\1053550.5
City of The Colony Public Improvement District No. 1
Preliminary Annual Service and Assessment Plan
Update
(Assessment Year October 1, 2025 to September 30, 2026)
Approved by City Council on
August 19th, 2025
228
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1775.016\1053550.5
SECTION 1
INTRODUCTION
Unless otherwise defined, all capitalized terms used in this "City of The Colony Public
Improvement District No. 1 Annual Service and Assessment Plan Update (Assessment Year
October 1, 2025 to September 30, 2026)" (this "SAP Update") shall have the meanings set forth in
that certain City of The Colony Public Improvement District No. 1 Service and Assessment Plan,
originally approved on February 7, 2013, recorded in the real property records of Denton County,
Texas as Document No. 2013-20487 (the "Original Service and Assessment Plan"), and as most
recently amended, restated, and consolidated on January 19, 2021 by Ordinance No. 2021-2430
adopted by the City Council on January 19, 2021 approving that certain City of The Colony Public
Improvement District No. 1 Amended and Restated Service and Assessment Plan (the "Amended
and Restated Service and Assessment Plan," and together with the Original Service and
Assessment Plan and each annual service and assessment plan update approved by the City,
referred to collectively as the "Service and Assessment Plan"). Unless otherwise defined, all
references to "Section" mean a section of this SAP Update, and all references to "Exhibit" mean
an exhibit to this SAP Update.
1.1 On October 8, 2012, the City Council of the City of The Colony, Texas (the "City Council"
and the "City") passed and approved Resolution No. 2012-073 creating The Colony Public
Improvement District No. 1 (the "District") pursuant to Chapter 372, Texas Local Government
Code, as amended (the "Act"). The District includes within its boundaries approximately 439.12
contiguous acres located within the corporate limits of the City south of and adjacent to the Sam
Rayburn Tollway (State Highway 121), north of and adjacent to Plano Parkway, and west of Spring
Creek Parkway which property is described by metes and bounds on Exhibit A and depicted on
Exhibit A-1 (the "Property").
1.2 The Act governs the process by which the Public Improvements Cost is allocated to and
assessed against the Property. This process requires the preparation of an ongoing service plan (a
"Service Plan"), an assessment plan (an "Assessment Plan"), and an assessment roll (an
"Assessment Roll").
1.3 The Act requires the preparation, and the presentment to, and review and approval by, the
City Council, of a Service Plan that must: (1) cover a period of at least five years; (2) define the
annual indebtedness and projected costs of the Public Improvements; and (3) include a copy of the
notice form required by Section 5.014 of the Texas Property Code, as amended. The Service Plan
must be reviewed and updated at least annually to determine the annual budget for the Public
Improvements. The City Council may approve the Service Plan only by Ordinance; and, upon
approval, a copy of the Service Plan must be filed with the County Clerk of Denton County, Texas,
the County in which all of the District is located, not later than the seventh (7th) day after the date
of such approval. The Service Plan is contained in Section 4.
1.4 The Act requires the Service Plan to include an Assessment Plan. The Assessment Plan
assesses the Public Improvements Cost against the Property on the basis of the special benefits
conferred upon the Property by the Public Improvements. The Public Improvements Cost may be
assessed in any manner that results in imposing equal shares of the cost on Parcels similarly
benefited. The special benefit of the Public Improvements is being apportioned by this Service and
Assessment Plan to the Property in the amount of the Public Improvements Cost. The Assessment
Plan is contained in Section 5.
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1775.016\1053550.5
1.5 The Act also requires the City Council to review and update the Service Plan annually for
the purpose of determining the annual budget for the Public Improvements. The annual budget for
the Public Improvements is contained in Section 6. The Act states that the Service Plan may be
amended or updated only by Ordinance. Upon approval of an amendment or update of the Service
Plan, including the notice form required by Section 5.014 of the Texas Property Code, as amended,
the City Council shall file a copy of the amended or updated Service Plan with the County Clerk
of Denton County, Texas, the County in which all of the District is located, not later than the
seventh (7th) day after the date of such approval.
1.6 The Act requires the preparation of an Assessment Roll after the total Public Improvements
Cost has been determined. The Assessment Roll must state the assessment against each Parcel
determined by the method of assessment chosen by the City Council in the Assessment Plan. The
assessment against a Parcel must be sufficient to pay the share of the Public Improvements Cost
allocated to the Parcel and cannot exceed the special benefit conferred upon the Parcel. The
Assessment Roll is contained in Section 7.
1.7 A summary of the chronological history of City Council actions for the District is attached
as Exhibit F.
SECTION 2
2013 FACILITY PUBLIC IMPROVEMENTS
2.1 The portion of the Property described as Grandscape Addition Lot 1/Block A consisting of
81.99 acres and identified as Denton Central Appraisal District ("Denton CAD") Tax Parcel No.
657618, and the portion of the Property described as Grandscape Additional Lot 2/Block A
consisting of 25.48 acres and identified by Denton CAD Tax Parcel No. 657619 (collectively, the
"Facility Property") is developed with a mixed-use facility which includes approximately
1,280,000 square feet for warehouse and distribution uses, approximately 25,000 square feet for a
regional corporate headquarters, approximately 546,000 square feet for retail sales to the general
public and surface and structured parking (collectively, the "Facility"). The development of the
Facility Property required construction of the 2013 Public Improvements that specially benefit the
Facility Property.
2.2. In connection with the 2013 Project Infrastructure Bonds to finance a portion of the costs
of the 2013 Public Improvements, the City approved the Original Service and Assessment Plan for
the District by adopting the 2013 Assessment Ordinance on February 7, 2013. The 2013
Assessment Ordinance levied an Assessment in the amount of $83,400,000.00 (the "2013 Facility
Public Improvement Assessment") against the Facility Property for the portion of the 2013 Public
Improvements Cost that the City Council determined conferred a special benefit on the Facility
Property. As authorized by the Act, the 2013 Assessment Ordinance deferred the assessment of
the remainder of the 2013 Public Improvements Cost in the amount of $11,400,000.00 for the
portion of the 2013 Public Improvements that specially benefit the Related Development Property
(the "2013 Related Development Deferred Assessment") until the portion of the Related
Development Property that is specially benefited by the 2013 Public Improvements could be
identified. The 2013 Assessment Ordinance also deferred the assessment of the Related
Development Public Improvements Cost against the Related Development Property until the
portion(s) of the Related Development Property that are specially benefited by the Related
Development Public Improvements could be identified. As described below, the City has levied
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The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 4
1775.016\1053550.5
and intends to continue levying Additional Facility Assessments against the Facility Property for
costs of Additional Facility Public Improvements (that do not include the 2013 Public
Improvements) and has levied and intends to continue levying Assessments against the Related
Development Property for a portion of the costs of the Related Development Public Improvements
(that do not include the 2013 Public Improvements).
2.3 The 2013 Facility Public Improvements have been constructed by or on behalf of the
Corporations using, in part, the net proceeds of the 2013 Project Infrastructure Bonds. The 2013
Facility Public Improvements fall into the following categories: (i) water, wastewater, and
drainage facilities or improvements, including sanitary sewer facilities, storm water detention and
retention facilities, and utility relocations related to such improvements; (ii) street and roadway
improvements, including related traffic signalization, signage, sidewalks, curbs, gutters,
streetscape, landscaping, drainage improvements, and utility relocations related to such street and
roadway improvements; (iii) mass transit facilities; (iv) park improvements, (v) landscapin g; (vi)
lighting and signage; (vii) pedestrian malls; and (viii) site improvements for any of the foregoing,
including, but not limited to, grading, erosion control, wetlands mitigation, and floodplain
reclamation. The 2013 Public Improvements are more particularly described in the engineering
report titled PUBLIC IMPROVEMENTS REPORT, The City of The Colony Public Improvement
District No. 1, The Colony, Texas dated November 30, 2012, prepared by Graham Associates, Inc.
(the "2013 Official Report"), a copy of which report is attached as Exhibit B to the Original Service
and Assessment Plan. All 2013 Facility Public Improvements, and portions of the Property on
which the 2013 Facility Public Improvements have been constructed, will remain owned by the
City.
2.4 The 2013 Facility Public Improvement Assessment was pledged, on a pro-rata basis (based
on the par amount of each series of 2013 Project Infrastructure Bonds issued as a percentage of
the total par amount of all 2013 Project Infrastructure Bonds), as additional security for each series
of 2013 Project Infrastructure Bonds in the event of a Debt Service Shortfall. Assessment Revenue
generated from the 2013 Facility Public Improvement Assessment, if collected by the City in the
event of Debt Service Shortfall, that is pledged to pay Debt Service Shortfall for any one series of
the 2013 Project Infrastructure Bonds is not pledged to pay Debt Service Shortfalls for any other
series of 2013 Project Infrastructure Bonds. In connection with each series of 2013 Project
Infrastructure Bonds, each respective issuer of the 2013 Project Infrastructure Bonds entered into
a reimbursement agreement relating to each respective series of 2013 Project Infrastructure Bonds
(such agreements are referred to collectively as the "2013 Reimbursement Agreements"). On
January 19, 2021, the City issued its 2021 LGC Tax Refunding Bonds that refunded all of the
outstanding 2013 LGC Tax Bonds; and, the City entered into a 2021 LGC Tax Bonds
Reimbursement Agreement relating to the 2021 LGC Tax Refunding Bonds. The 2021 LGC Tax
Bonds Reimbursement Agreement pledged the portion of the 2013 Facility Public Improvement
Assessments previously allocated to the 2013 LGC Tax Bonds to the 2021 LGC Tax Refunding
Bonds and replaced the 2013 LGC Tax Bonds Reimbursement Agreement in its entirety. Public
Improvement Bonds secured in whole or in part by Assessments levied against Property in the
District as additional security in the event of a Debt Service Shortfall, including the 2013 Project
Infrastructure Bonds (but excluding the 2013 LGC Tax Bonds which were refunded by the 2021
LGC Tax Refunding Bonds) and the 2021 LGC Tax Refunding Bonds, are referred to collectively
as "Project Infrastructure Bonds." The 2013 Reimbursement Agreements together with the 2021
LGC Tax Bonds Reimbursement Agreement are referred to collectively as the "Reimbursement
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Agreements." Assessment Revenue from the 2013 Facility Public Improvement Assessment levied
against the Facility Property as additional security for any series of Project Infrastructure Bonds
will be collected in the event of a Debt Service Shortfall in Semi-Annual Installments and
deposited into the PID Operating Account as described below in Section 5.9 below.
SECTION 3
ADDITIONAL FACILITY IMPROVEMENTS AND
RELATED DEVELOPMENT IMPROVEMENTS
3.1 In addition to the 2013 Facility Public Improvement Assessment, the City has levied and
will continue to levy Assessments (the "Additional Facility Assessments") unrelated to Project
Infrastructure Bonds or the 2013 Public Improvements against the Facility Property for
"Additional Facility Public Improvements" that fall into the following categories: (i) water,
wastewater, and drainage facilities or improvements, including sanitary sewer facilities, storm
water detention and retention facilities, and utility relocations related to such improvements;
(ii) street and roadway improvements, including related traffic signalization, signage, sidewalks,
curbs, gutters, streetscape, landscaping, drainage improvements, and utility relocations related to
such street and roadway improvements; (iii) mass transit facilities; (iv) park improvements, (v)
landscaping; (vi) lighting and signage; (vii) pedestrian malls; (viii) site improvements for any of
the foregoing, including, but not limited to, grading, erosion control, wetlands mitigation, and
floodplain reclamation; (ix) special supplemental services for improvement and promotion of the
District, including services relating to advertising, promotion, health and sanitation, water and
wastewater, public safety, security, business recruitment, development, recreation, and cultural
enhancement; and (x) payment of expenses incurred in the administration and operation of the
District. The Additional Facility Public Improvements for which Assessments have been
previously levied are more particularly described in the special benefits reports attached to the
2015 Annual Service Plan Update, 2015/16 Annual Service Plan Update, 2016 Annual Service
Plan Update, 2017 Annual Service Plan Update, 2018 Annual Service Plan Update, 2019 Annual
Service Plan Update, 2020 Annual Service Plan Update, 2021 Annual Service Plan Update, 2022
Annual Service Plan Update, 2023 Annual Service Plan Update, 2024 Annual Service Plan Update
(each as described and defined in Exhibit F) and in this Section 3 of this SAP Update. The
Additional Facility Assessments have not been and will not be pledged as security for any series
of Project Infrastructure Bonds. The Creation Resolution establishes a cap on the amount of total
costs for which Assessments may be levied against the Facility Property and in no event shall the
total amount of Assessments levied against the Facility Property for the 2013 Public Improvements
and the Additional Facility Public Improvements exceed $150,000,000.
3.2 As described above in Section 2.2, the City deferred the 2013 Related Development
Deferred Assessment for the remainder of the 2013 Public Improvements Cost in the amount of
$11,400,000.00 for the portion of the 2013 Public Improvements that specially benefit the Related
Development Property until the portion of the Related Development Property that is specially
benefited by the 2013 Public Improvements could be identified. The City has levied, and intends
to continue levying, additional Assessments against the Related Development Property for the
remaining Related Development Public Improvements Cost (that do not include the 2013 Public
Improvements) as portions of the Related Development Property that are specially benefited by
the Related Development Public Improvements are developed. The costs of certain Related
Development Public Improvements and the method of allocation of such costs based on the benefit
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conferred by such Related Development Public Improvements are included in this SAP Update;
and, additional information for the Related Development Public Improvements will be included in
future updates to the Service and Assessment plan as development progresses.
3.3 The Related Development Public Improvements fall into the same categories as the 2013
Facility Public Improvements plus: (i) off street structured and surface parking facilities, (ii)
special supplemental services for improvement and promotion of the District, including services
relating to advertising, promotion, health and sanitation, water and wastewater, public safety,
security, business recruitment, development, recreation, and cultural enhancement; and (iii)
payment of expenses incurred in the administration and operation of the District.
3.4 Portions of the Related Development Property remain undeveloped, while other portions
are under development or fully developed. Portions of the Property will be developed with
additional mixed-use facilities including, but not limited to, entertainment, tourism, recreation, and
convention facilities that will attract tourists, visitors, and shoppers from a wide geographic region,
and hotels, retail stores, concessions, restaurants, and other facilities related to the entertainment,
tourism, recreation, and convention uses (collectively, the "Related Development"). The portions
of the Related Development currently under development include the following: the portion of the
Property described as (1) Grandscape Addition, Phase II, Lot 6/Block A consisting of 2.015 acres
and identified as Denton CAD Tax Parcel No. 692390; (2) Grandscape Addition, Phase II,
Lot 7/Block A consisting of 2.105 acres and identified as Denton CAD Tax Parcel No. 692391;
(3) Grandscape Addition, Phase II, Lot 8/Block A consisting of 2.944 acres and identified as
Denton CAD Tax Parcel No. 653843; (4) Grandscape Addition, Phase II, Lot 9/Block A consisting
of 2.683 acres and identified as Denton CAD Tax Parcel No. 653844; (5) Grandscape Addition
Phase II, Lot 2R/Block B consisting of 1.903 acres and identified as Denton CAD Tax Parcel No.
692387; (6) Grandscape Addition Phase II, Lot 3R-X/Block B consisting of .301 acres and
identified as Denton CAD Tax Parcel No. 692388; (7) Grandscape Addition Phase II, Lot 1/Block
B consisting of 3.386 acres and identified as Denton CAD Tax Parcel No. 674231; (8) Grandscape
Addition Phase II, Lot 1R/Block J consisting of 2.931 acres and identified as Denton DCAD
Property ID No. 692379; (9) Grandscape Addition Phase II Lot 3X/Block J consisting of .204 acres
and identified as Denton CAD Tax Parcel No. 692380; (10) Grandscape Addition Phase II, Lot
1(S pt)/Block H consisting of 8.551 acres and identified as Denton DCAD Property ID No.
732382; (11) Grandscape Addition Phase II, Lot 3(SE PT)/Block A consisting of 86.502 acres as
identified as Denton CAD Property ID No’s. 748393,753491 and 753492; (12) Grandscape
Addition Phase II BLK A LOT 3R consisting of 3.645 acres and identified as Denton CAD Tax
Parcel No. 674218; (13) Grandscape Addition BLK B Lot 4 consisting of 1.925 acres and
identified as Denton CAD Property ID No. 692389 (14) GRANDSCAPE ADDITION PHASE II
BLK H LOT 4R2-1 consisting of 10.35 acres as identified as Denton CAD Property ID No.
1015683; (15) GRANDSCAPE ADDITION PHASE II BLK H LOT 4R1 consisting of 3.581 acres
as identified as Denton CAD Property ID No. 1003642; (16) GRANDSCAPE ADDITION PHASE
II BLK E LOT 1R consisting of 1.029 acres and Identified as Denton CAD Property ID No.
1004631’ (collectively 1.2(1)-(16) are, the "Related Development Property"). Certain public
improvements (the "Related Development Public Improvements") are or will be required to serve
the Related Development Property. The portion of the property described as Grandscape Addition,
Phase II, Lot 2/Block D consisting of approximately 16.421 acres and identified as Denton CAD
Tax Parcels Nos. 957987, 704832, 957988, 957989, 957990, 957991 and 957992 (the "Waterfront
Property") will be developed with a boardwalk and related amenities (the "Waterfront"), including
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public improvements required to serve the Waterfront (the "Waterfront Public Improvements", and
together with the Related Development Public Improvements referred to collectively as the
"Annual Related Development Public Improvements").
3.5 All Additional Facility Public Improvements and Annual Related Development Public
Improvements, and portions of the Property on which such Public Additional Facility Public
Improvements and Annual Related Development Improvements are constructed, will remain
owned by the City.
3.6 The annual costs for the Additional Facility Public Improvements, Waterfront Public
Improvements and Related Development Public Improvements are estimated in the Official Report
for the 2025-26 Public Improvements Cost attached as Exhibit B. The total cost of the Additional
Facility Public Improvements is estimated to be $626,026.03 (the "2025-26 Additional Facility
Public Improvements Cost") as shown on Exhibit B. The annual total cost of the Waterfront Public
Improvements is estimated to be $46,944.63 (the "2025-26 Waterfront Public Improvements
Cost") as shown on Exhibit B. The annual total cost of the Related Development Public
Improvements is estimated to be $386,896.70 (the "2025-26 Related Development Public
Improvements Cost") as shown on Exhibit B. The individual line item costs shown in the Official
Report for each category of Additional Facility Public Improvements and Annual Related
Development Public Improvements are estimates and may vary item-to-item so long as the cost of
all Public Improvements do not exceed $1,059,867.36. The 2025-26 Additional Facility Public
Improvements Cost, 2025-26 Waterfront Public Improvements Cost, and 2025-26 Related
Development Public Improvements Cost are sometime referred to collectively as the "2025-26
Public Improvements Cost." A reconciliation of the 2024-25 Public Improvement Costs yielded a
$363,842.00 surplus. To provide operations funding during the lag period between the budget
commencement and the annual assessment collection $261,337.16 (90 days of operating costs)
was allocated to a “Pre-paid Expense” line item. An additional $17,910 is being added to the total
assessment to recover costs from parcel-specific services ("Direct Supplemental Services") as
described in Exhibit D. The total sum of the 2025-26 Public Improvements Cost ($1,059,867.36),
the 90 days of operating costs reserve ($261,337.00), and the parcel specific Direct Supplemental
Services ($17,910) brings the overall 2025-26 costs to $1,339,114.52. The 2024-25 surplus of
$363,842.00 was allocated proportionately to reduce the 2025-26 Assessment from $1,339,114.52
to $975,272.52.
3.7 Assessments levied against the Facility Property, Related Development Property, or
Waterfront Property for costs of the Additional Facility Public Improvements and Annual Related
Development Public Improvements, as applicable, that are not pledged as security for Project
Infrastructure Bonds shall be updated annually and shall be collected as described below in Section
5.10 and shall be deposited into a sub-account of the PID Operating Account and used solely for
the purposes determined by the City Council at the time the Assessments are levied.
SECTION 4
SERVICE PLAN
4.1 This Section 4 is the Service Plan for the District. This Service Plan covers a period of at
least five (5) years beginning with calendar year 2021 and defines the projected cost and annual
indebtedness for the Public Improvements. The Service Plan shall be reviewed and updated at least
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annually for the purpose of determining the annual budget for the Public Improvements (each such
update, a "Service Plan Update").
4.2 As confirmed by the 2021 City Ordinance, the actual costs for the 2013 Public
Improvements exceeded the estimated 2013 Public Improvements Cost of $94,800,000.00
described in the Original Service and Assessment Plan, the 2013 Official Report, and 2013 Special
Benefit Analysis. The annual indebtedness for the 2013 Public Improvements for the next five
years is shown on Exhibit C-1. The annual indebtedness for the 2013 Public Improvements Cost
in any given year is the sum of the Semi-Annual Installments for the Project Infrastructure Bonds
for the year.
4.3 The projected Additional Facility Public Improvements Cost is $626,026.03, and for the
next five years is allocated as shown on Exhibit C-2. The annual indebtedness for the Additional
Facility Public Improvements shown on Exhibit C-2 is a portion of the Additional Facility
Assessment the City has levied or expects to levy against the Facility Property for each year shown.
The Additional Facility Assessment will also include costs related to the 90 days of operating
reserve apportioned to the Facility Property as well as any Direct Supplemental Services
apportioned to the Facility Property and will be adjusted by application of a portion of any prior
year's surplus or deficit; all of which will be described in Exhibit D and will be updated each year.
4.4 The projected costs for the Annual Related Development Public are $433,841.32 and for
the next five years such cost is allocated as shown on Exhibit C-3. The annual indebtedness for
the Annual Related Development Public Improvements is a portion of the Assessments the City
has levied or expects to levy against the Waterfront Property and Related Development Property
for each year shown. The Assessments levied against the Waterfront Property and Related
Development Property will also include costs related to the 90 days of operating reserve
apportioned to the Waterfront Property and Related Development Property as well as any Direct
Supplemental Services apportioned to the Waterfront Property and Related Development Property
and will be adjusted by application of a portion of any prior year's surplus or deficit which will be
described in Exhibit D and will be updated each year.
4.5 The form of notice required by Texas Property Code Section 5.014, as amended, is attached
as Exhibit C-4.
SECTION 5
ASSESSMENT PLAN
5.1 Method of Assessment. This Section 5 is the Assessment Plan for the District. This
Assessment Plan assesses the Public Improvements Cost against the Property on the basis of the
special benefits conferred on the Property by the Public Improvements. The Act provides that the
Public Improvements Cost may be assessed equally per front foot or square foot (with or without
regard to the value of improvements constructed on the land) or in any other manner that results
in imposing equal shares of the cost on property similarly benefited.
5.2 Best and Highest Use. Based on: (i) the size and location of the Property within the
corporate limits of the City; (ii) the lack of public infrastructure to serve development of the
Property; (iii) the proximity of the Property to public roadways and water and sewer facilities; (iv)
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the proximity of the Property to population and employment centers; (v) the scope and economic
impact of the Facility, the Waterfront and the Related Development on the City, Denton County;
and the north Texas region; (vi) existing and projected land uses in the vicinity of t he Property;
(vii) projected growth in the greater Dallas metropolitan area and, in particular, along the State
Highway 121 corridor; and (viii) the quality of the proposed development within the Property, the
City Council has determined that: (A) the best and highest use of the Property is for the
development of the Facility, the Waterfront, and the Related Development; (B) achieving the best
and highest use of the Property requires the Public Improvements; (C) without the Public
Improvements the Property will not be developed to its best and highest use; (D) the establishment
of the District provides an effective means of funding the Public Improvements to achieve the best
and highest use for the Property without financial burden to the City; and (E) the P ublic
Improvements will promote the interests of the City and confer a special benefit on the Property.
5.3 Assessments Against Facility Property. As described in Section 2.2 above, the City has
levied the 2013 Facility Public Improvement Assessment in the amount of $83,400,000.00 against
the Facility Property for the portion of the 2013 Public Improvements Cost that the City Council
determined conferred a special benefit on the Facility Property. Based on the costs shown in the
Official Report for the 2025-26 Public Improvements attached as Exhibit B and the Special
Benefits Report attached as Exhibit D, the City has levied $583,969.62 in Assessments against the
Facility Property as shown on the Assessment Roll attached as Exhibit E which consists of
$626,026.03 for the 2025-26 Additional Facility Public Improvements Costs plus $108,370.54 or
approximately 41.47% the 90 days of operating costs plus $450 in specific Direct Supplemental
Services minus $150,426.95 or approximately 41% of the 2024-25 surplus described in Section
3.6 above apportioned to the Facility Property based on the benefit analysis described in Exhibit
D. As the Facility Property is specially benefitted by Additional Facility Improvements, the City
intends to continue to levy Assessments against the Facility Property. The Creation Resolution
establishes a cap on the amount of the total costs for which Assessments may be levied against the
Facility Property and in no event shall the total amount of Assessments levied against the Facility
Property for the 2013 Public Improvements and the Additional Public Improvement exceed
$150,000,000. As shown in Paragraphs 1 and 2 of Section 7 below, a total of $92,511,903.93 has
been levied against the Facility Property, consisting of $83,400,000.00 for the 2013 Public
Improvements and $9,111,903.93 for the Additional Facility Public Improvements.
5.4 Assessments Against Related Development Property. As described in Section 2.2 above,
the City deferred assessment of the remainder of the 2013 Public Improvements Cost in the amount
of $11,400,000.00 for the portion of the 2013 Public Improvements that specially benefit the
Related Development Property (the "2013 Related Development Deferred Assessment") until the
portion of the Related Development Property (which included the Waterfront Property at the time
of the deferral) that is specially benefited by the 2013 Public Improvements could be identified.
The deferral of the levy of the 2013 Related Development Deferred Assessment in the amount of
$11,400,000.00 under the 2013 Assessment Ordinance is hereby restated and shall be deferred
until the development of the Property is certified as complete by the owner.
Based on the costs shown in the Official Report for the 2025-26 Public Improvements attached as
Exhibit B and the Special Benefits Report attached as Exhibit D, the City has levied Assessments
in the amount of $40,452.38 (as shown on Exhibit E, the "2025 Waterfront Assessment") against
the Waterfront Property consisting of $46,944.63 for the costs of 2025-26 Waterfront Public
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Improvements plus $16,552.04 or approximately 6.33% of the 90 days of operating costs plus $0
in specific Direct Supplemental Services minus $23,044.29 or approximately 6% of the 2024-25
surplus described in Section 3.6 above apportioned to the Facility Property based on the benefit
analysis described in Exhibit D. Based on the costs shown in the Official Report for the 2025-26
Public Improvements attached as Exhibit B and the Special Benefits Report attached as Exhibit
D, the City has levied Assessments in the amount of $350,850.51 (as shown on Exhibit E, the
"2025 Related Development Assessment") against the Related Development Property consisting
of $386,896.70 for the costs of 2025-26 Related Development Public Improvements plus
$261,337.16 or approximately 52.2% of the 90 days of operating costs plus $17,910 in specific
Direct Supplemental Services minus $190,370.76 or approximately 52% of the 2024-25 surplus
described in Section 3.6 above apportioned to the Facility Property based on the benefit analysis
described in Exhibit D.
As portions of the Waterfront Property that are specially benefited by the Waterfront Public
Improvements are developed and as portions of the Related Development Property that are
specially benefited by the Related Development Public Improvements are developed, the City
intends to continue to levy additional Assessments against the Waterfront Property and the Related
Development Property, as applicable, for the remaining Waterfront Pubic Improvements Costs and
the Related Development Public Improvements Costs (and that do not include the 2013 Public
Improvements) as described in Section 3.2 above. The Creation Resolution establishes a cap of
$150,000,000 of the total costs for which Assessments may be levied for the "Related
Improvements Costs" (as defined in the Creation Resolution). As shown in Paragraph 3 of
Section 7 below, a total of $6,265,756.42 has been levied for the Annual Related Development
Public Improvements (consisting of the Waterfront Public Improvements and Related
Development Public Improvements) which does NOT include the 2013 Related Development
Deferred Assessment in the amount of $11,400,00.00.
5.5 Adjustment of Assessments. With the exception of the 2013 Facility Public Improvement
Assessment, the Assessments described in this Section 5 are based on estimates of the Public
Improvements Costs until construction of such Public Improvement, or provision of services if
applicable, is complete. If the actual cost of the Public Improvements is less than the estimates,
the Assessments shall be reduced as determined by the Administrator and approved by the City
Council in a Service Plan Update.
5.6 Subdivision; Change to Tax Exempt.
5.6.1 Upon Subdivision. If the Facility Property is subdivided, any Assessment levied
against the Facility Property shall be reallocated as described in Section 4.6.1 of the Service
and Assessment Plan. Additionally, other than annual Assessments for the Annual Related
Development Public Improvements that are not pledged as security to any series of PID
bonds, any Assessment against Related Development Property will not be reallocated
among subdivided Parcels until the development of the Related Development Property is
certified as complete by the owner. If the Related Development Property or Waterfront
Property is subdivided, the annual Assessment levied against Related Development
Property or Waterfront Property under this SAP Update for the Annual Related
Development Public Improvements will be reallocated among the subdivided Parcels on a
per-acre basis as determined by the Administrator and reflected in a Service Plan Update
approved by the City Council after a public hearing for which notice addressed to "Property
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Owner" has been mailed, regular mail, to the current address of the owner of the property
being subdivided as reflected on the tax rolls.
5.6.2 Upon Becoming Tax Exempt. If any portion of the Facility Property becomes
exempt from the payment of ad valorem taxes, the owner of such portion shall pay to the
City the unpaid principal amount of the Assessment allocated (on a per-acre basis) to such
portion of the Facility Property plus, if applicable, accrued interest through the date of
payment. Prepayment Costs, if any, shall be paid as a Semi-Annual Administrative Cost.
If any portion of the Related Development Property or Waterfront Property becomes
exempt from the payment of ad valorem taxes, the owner of such portion shall pay to the
City the unpaid principal amount of the Assessment allocated (on a per-acre basis) to such
portion of the Property.
5.7 Prepayment of Assessments. The unpaid principal amount of an Assessment may be
prepaid in full or in part at any time, together with accrued interest, if any, through the date of
prepayment; whereupon the Assessment and corresponding assessment lien automatically
terminate and shall be reduced to zero in a Service Plan Update. Prepayment Costs, if any, may be
paid by the Administrator from Semi-Annual Administrative Cost.
5.8 Accrual of Interest. Assessments shall not bear interest except for interest authorized by
Section 372.018(a) of the Act. Assessments that are deferred may bear interest as approved by the
City Council at the time the Assessments are levied.
5.9 Semi-Annual Installments of Assessments Related to Project Infrastructure Bonds.
Assessments levied against the Facility Property and/or the Related Development Property and
pledged as security to any series of Project Infrastructure Bonds, including the 2013 Facility Public
Improvement Assessment securing the 2013 Project Infrastructure Bonds and 2021 LGC Tax
Refunding Bonds, shall be due and payable to the City in Semi-Annual Installments as set forth in
the applicable Reimbursement Agreement beginning on the date stated in the applicable
Reimbursement Agreement and continuing every March 1 and September 1 thereafter and will be
delinquent if not paid within three calendar days after it is due and payable. Semi-Annual
Installments are not required to be level amounts and will vary depending on Semi-Annual District
Expenses and the amounts, if any, of Debt Service Shortfalls. For so long as any Project
Infrastructure Bonds remain outstanding, each of the Corporations, pursuant to a Reimbursement
Agreement, is required to calculate its respective Debt Service Shortfall amount for each bond
issue based on the "Bond Debt Service" schedules attached as Exhibit E-1, and each Corporation
shall certify such Debt Service Shortfall amount to the City no later than each February 1 or
August 1, commencing August 1, 2013 (each a "Semi-Annual Calculation Date"). Upon
notification of each Debt Service Shortfall amount due for each bond issue, the City shall calculate
the amount of the Semi-Annual Installment and shall submit a bill to each property owner no later
than each February 15 and August 15 (each a "Semi-Annual Billing Date"). The City will use all
reasonable efforts to collect Semi-Annual Installments before they become delinquent. If a Semi-
Annual Installment becomes delinquent, all remedies at law or under the Act shall be available to
the City. If a Debt Service Shortfall is anticipated for more than one series of Project Infrastructure
Bonds, a portion of the funds in the PID Operating Account shall be transferred on a pro-rata basis
to separate sub-accounts corresponding to each issue of Project Infrastructure Bonds for which a
Debt Service Shortfall is anticipated to occur; and, such amounts shall be paid by the City f rom
such sub-accounts to each of the Corporations under the applicable Reimbursement Agreement to
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pay Debt Service Shortfalls for the applicable series of Project Infrastructure Bonds. As required
under each respective Reimbursement Agreement, each Corporation calculated any anticipated
Debt Service Shortfall based on the Bond Debt Service schedules no later than February 1, 202 5
and August 1, 2025; and, each Corporation determined there would be no Debt Service Shortfall
and no Semi-Annual Installments were required to be paid for calendar year 2025.
5.10 Annual Payment of Assessments Not Related to Project Infrastructure Bonds. Assessments
levied against the Facility Property or the Related Development Property for costs of the
Additional Facility Public Improvements or the Related Development Public Improvements that
are not pledged as security for Project Infrastructure Bonds shall be updated annually and shall be
collected by the City in the same manner and at the same time as ad valorem taxes in the am ount
shown on the Assessment Rolls attached to each Annual Service Plan Update. Such Assessments
shall be due when billed and shall be delinquent if not paid prior to February 1 of the following
year. Failure of a landowner to receive an invoice for such Assessment on the property tax bill
shall not relieve the landowner of the responsibility for payment of the Assessment. Assessment
Revenue collected by the City from Assessments levied against the Facility Property or the Related
Development Property for Additional Facility Public Improvements and/or Related Development
Public Improvements based on the special benefit conferred by such Additional Facility Public
Improvements or the Related Development Public Improvements that is not pledged as security
for any series of Project Infrastructure Bonds and shall be deposited into a sub-account of the PID
Operating Account and used solely for the purposes determined by the City Council at the time
the Assessments are levied.
5.11 PID Operating Account. Assessment Revenue from the collection of Semi-Annual
Installments of an Assessment against the Facility Property and/or Related Development Property
in connection with the issuance of a series of Project Infrastructure Bonds will be deposited by the
City into the PID Operating Account, including sub-accounts corresponding to each issue of
Project Infrastructure Bonds, as applicable, immediately upon receipt and will be transferred by
the City to the respective Corporations, or to the applicable trustee(s) for the benefit of such
Corporations, to pay Debt Service Shortfalls, if any, by September 5, 2013, and by each March 5
and September 5 thereafter for so long as Project Infrastructure Bonds are outstanding. Assessment
Revenue from the collection of an Assessment against the Facility Property and/or Related
Development Property unrelated to the issuance of a series of Project Infrastructure Bonds will be
deposited by the City into the PID Operating Account, including sub-accounts as applicable,
immediately upon receipt and shall be used solely for the purposes determined by the City Council
at the time such Assessments were levied. Any Assessment Revenue due to the Corporations on
any such date but collected by the City after the due date shall be transferred to the r espective
Corporations or applicable trustee(s) within two business days. Assessment Revenue from the
collection of any Assessment against the Property will be deposited by the City into the PID
Operating Account for Annual Assessments. Assessment Revenue from the 2025 Related
Development Assessment against all or any portion of the Property will be collected in lump sum
with 30 days of the levy of the assessment or with the annual property tax collection and deposited
into a segregated operating account (the "PID Operating Account for Annual Assessments")
created and controlled by the City. Interest earned on the PID Operating Account for Annual
Assessments shall be added to and become part of the PID Operating Account for Annual
Assessments. The PID Operating Account for Annual Assessments is a separate account and
segregated from the "PID Operating Account" described in the Service and Assessment Plan that
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was created pursuant to the 2013 Assessment Ordinance (such account is referred to herein as the
"PID Operating Account for Pledged Revenues.") All Assessment Revenue from the 2013 Facility
Public Improvement Assessment and the 2013 Related Development Deferred Assessment levied
pursuant to Ordinance No. 2013-1992 shall be deposited into the PID Operating Account for
Pledged Revenues and transferred from that account, if at all, consistent with the requirements of
2013 Assessment Ordinance and the trust indentures governing the Project Infrastructure Bonds.
All Assessment Revenue from any Assessment levied on an annual basis shall be deposited into
the PID Operating Account for Annual Assessments and used solely for the purposes determined
by the City Council at the time the Assessments are levied.
5.12 Reduction of Assessment Against the Property. The Assessment against the Facility
Property (and the corresponding assessment lien) shall be reduced by the sum of all amounts by
which the outstanding principal of the Project Infrastructure Bonds for which the PID Operating
Account is pledged, as additional security, are reduced and by sum of all prepayments of the
Assessment made pursuant to Section 5.7. The current outstanding principal amount of the
Assessments levied against the Facility Property based on the debt service schedules related to the
Project Infrastructure Bonds attached as Exhibit E-1 is set forth in Section 7 below. The
Assessment against the Property (and the corresponding assessment lien) shall be reduced by the
sum of all amounts by which the Public Improvement Costs are reduced.
5.13 Security for Payment. All payments due in accordance with the Service and Assessment
Plan as updated by this SAP Update shall be treated the same with respect to the liens created to
secure payment and the rights of the City, including foreclosure, in the event of delinquencies.
Any foreclosure sale of a Parcel for nonpayment of any such amounts shall be subject to a
continuing lien for the remaining unpaid amounts in accordance with state law. All assessment
liens created pursuant to the 2013 Assessment Ordinance are superior to any lien created by any
other ordinance approving an Annual Service Plan Update, including this SAP Update.
5.14 Release of Lien. When an Assessment has been paid in full, the Administrator shall notify
the City, and the City shall execute a release, in recordable form, evidencing full payment of the
Assessment and the unconditional release of the lien securing payment of the Assessment. All
releases shall be reflected in a Service Plan Update.
5.15 Findings and Determinations. The findings and determinations by the City Council set forth
in this Service and Assessment Plan are based on: (i) the 2013 Official Report prepared by Graham
Associates, Inc.; (ii) the 2013 Special Benefits Report prepared by Graham Associates, Inc.; (iii)
evidence and testimony presented to the City Council; and (iv) information made available to the
City Council. The City Council hereby confirms and ratifies the findings and determinations made
by the City Council in the 2015 Assessment Ordinance, 2016 Assessment Ordinance, 2017
Assessment Ordinance, 2018 Assessment Ordinance, 2019 Assessment Ordinance,2020
Assessment Ordinance, 2021 Assessment Ordinance, 2022 Assessment Ordinance, 2023
Assessment Ordinance, and 2024 Assessment Ordinance (each as described and defined in Exhibit
F), including the special benefits reports and annual service plan updates attached thereto. The
City Council has relied on the information contained in the 2013 Official Report, 2013 Special
Benefits Report, the reports and special benefit analysis contained in each Annual Service Plan
Update, evidence, and testimony in the preparation and approval of this Service and Assessment
Plan and the allocation of the Public Improvements Cost to the Property. Such findings and
determinations represent the discretionary exercise by the City Council of its legislative and
240
The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 14
1775.016\1053550.5
governmental authority and power, and such findings and determinations are conclusive and
binding on the current and future owners of the Property. The Corporations have concurred in and
approved the findings and determinations by the City Council as set forth in this Service and
Assessment Plan and have otherwise concurred in and approved this Service and Assessment Plan
and the levy of Assessments against the Property. The Corporations have acknowledged that the
Property is subject to payment of Assessments and/or Semi-Annual Installments as provided in
this Service and Assessment Plan and in the Reimbursement Agreements.
SECTION 6
ANNUAL BUDGET FOR PUBLIC IMPROVEMENTS
6.1 2013 Public Improvements Costs. On January 19, 2021, the City approved Ordinance No.
2021-2430 (the "2021 City Ordinance"), approving the Amended and Restated Service and
Assessment Plan and making certain finding and determinations related to the District. In the 2021
City Ordinance, the City Council ratified and confirmed the allocation of the 2013 Public
Improvements Cost approved by the 2013 Assessment Ordinance and Original Service and
Assessment Plan as follows: (1) $83,400,000 for the special benefit to the Facility Property for
which the 2013 Facility Public Improvement Assessment was levied, and (2) $11,400,000.00 for
the benefit to the Related Development Property for which the 2013 Related Development
Deferred Assessment has been deferred. Additionally, the 2021 City Ordinance confirmed that the
actual costs for the 2013 Public Improvements exceeded the estimated 2013 Public Improvements
Cost of $94,800,000.00 described in the Original Service and Assessment Plan, the 2013 Official
Report, and 2013 Special Benefit Analysis.
6.2 2025 Public Improvements Cost. The City Council has received, reviewed, and approved
that certain SPECIAL BENEFITS REPORT, The City of The Colony Public Improvement District
No. 1, The Colony, Texas dated August 19th, 2025 prepared by Executive Business Liaison Jeremie
Maurina, a copy of which is attached as Exhibit D (the "2025-26 Special Benefits Report”). The
individual line item costs shown in the 2024 Special Benefits Report for each category of
improvements are estimates and may vary item-to-item so long as the Public Improvements Cost
does not exceed $1,059,867.36 (which does not include the $261,337.16 for 90 days of operating
costs plus $17,910 for Direct Supplemental Services minus the $363,842 2024-25 surplus).
SECTION 7
ASSESSMENT ROLL
This Section 7 describes the Assessment Roll for the District. The Assessment Roll is set
forth on Exhibit E and consists of:
1. The 2013 Facility Public Improvement Assessment originally levied in principal
amount of $83,400,000.00 by the 2013 Assessment Ordinance with an outstanding principal
amount of $77,842,986 as of December 31, 2022. The 2013 Facility Public Improvement
Assessment is allocated as follows among the Project Infrastructure Bonds:
Pro-Rata Share(1)
Allocated Portion of
Original 2013
Facility Public
Outstanding
Principal Amount of
2013 Facility Public
Improvement
241
The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 15
1775.016\1053550.5
Improvement
Assessment
Assessment as of
9/16/2025
2013 LGC Sales Tax Bonds 16.80% $14,011,200 $ 12,449,006.36 (2)
2021 LGC Tax Refunding Bonds(3) 20.60% $17,180,400(3) $ 12,637,696.23 (2)
2013 Type A Bonds 31.30% $26,104,200 $ 22,896,330.93 (2)
2013 Type B Bonds 31.30% $26,104,200 $ 22,896,330.93 (2)
(1) Pro-rata allocation of the original principal amount of the $83,400,000 2013 Facility Public Improvement
Assessment was based on the par amount of each series of 2013 Project Infrastructure Bonds issued as a percentage
of the total par amount of all 2013 Project Infrastructure Bonds .
(2) In accordance with Section 5.12 above, the principal amount of the 2013 Facility Public Improvement
Assessment was reduced by the sum of all amounts by which the outstanding principal amount of the 2013 Project
Infrastructure Bonds have been reduced. As of December 31, 2021, the outstanding par amount of the 2013 Project
Infrastructure Bonds (with the 2021 LGC Tax Refunding Bonds) was $80,350,000 thus reducing the outstanding
2013 Facility Public Improvement Assessment to $70,879,364.46. The following Semi-Annual Installments have
been collected to pay Debt Service Shortfalls on the 2013 LGC Sales Tax Bonds: on February 14, 2017 in the
amount of $500,081.25; on July 17, 2017 in the amount of $1,158,162.50; on July 16, 2018 in the amount of
$1,294,662.50; and on July 25, 2019 in the amount of $1,306,963.00 for a total of $4,259,869.25 which payments
do not reduce the principal amount of the 2013 Facility Public Improvement Assessment.
(3) The pro-rata share of the 2013 Facility Public Improvement Assessment that formerly secured the 2013 LGC
Tax Bonds now secures the 2021 LGC Tax Refunding Bonds.
[Remainder of page left blank intentionally.]
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The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 16
1775.016\1053550.5
2. Assessments related to the Additional Facility Public Improvements:
Original Principal Amount
Levied
Outstanding as of
10/1/2025
2015 Facility Assessment(1) $959,247.96 $0.00
2015-16 Facility Assessment(2) $1,218,234.83 $0.00
2016 Facility Assessment $875,155.64 $0.00
2017 Facility Assessment $658,465.00 $0.00
2018 Facility Assessment $810,379.62 $0.00
2019 Facility Assessment $570,667.99 $0.00
2020 Facility Assessment $862,382.25 $0.00
2021 Facility Assessment $535,879.94 $0.00
2022 Facility Assessment $731,985.36 $0.00
2023 Facility Assessment $691,853.18 $0.00
2024 Facility Assessment $613,682.54 $0.00
2025 Facility Assessment $583,969.62 $583,969.62
TOTAL: $9,111,903.93
(1) Levied under Ordinance No. 2015-2136 approved on May 5, 2015.
(2) Levied under Ordinance No. 2015-2160 approved on September 15, 2015.
3. Assessments related to the Annual Related Development Public Improvements:1
Original Principal Amount
Levied
Outstanding as of
10/1/2025
2015 Related Development Assessment(1) $420,053.04 $0.00
2015-16 Related Development Assessment(2) $236,757.17 $0.00
2016 Related Development Assessment $287,680.36 $0.00
2017 Related Development Assessment $872,993.00 $0.00
2018 Related Development Assessment $687,426.36 $0.00
2019 Related Development Assessment $490,441.03 $0.00
2020 Related Development Assessment $810,043.90 $0.00
2021 Related Development Assessment $366,446.95 $0.00
2022 Related Development Assessment $572,445.40 $0.00
2023 Related Development Assessment $643,597.28 $0.00
2024 Related Development Assessment $486,578.04 $0.00
1 Includes the Assessments levied against the Waterfront Property and the Related Development Property. Excludes
the 2013 Related Development Deferred Assessment.
243
The Colony Public Improvement District No. 1 Annual Service and Assessment Plan Update - Page 17
1775.016\1053550.5
Original Principal Amount
Levied
Outstanding as of
10/1/2025
2025 Related Development Assessment $391,302.89 $391,302.89
TOTAL: $6,265,765.42
(1) Levied under Ordinance No. 2015-2136 approved on May 5, 2015.
(2) Levied under Ordinance No. 2015-2160 approved on September 15, 2015.
As authorized by the Act, the assessment of the 2013 Related Development Deferred Assessment
in the amount of $11,400,000 for the portion of the 2013 Facility Public Improvements that benefit
the Related Development Property remains deferred until the development of the Related
Development Property is certified as complete by the owner which will be the time at which the
special benefit conferred on the Related Development Property can be determined with certainty.
SECTION 8
ADDITIONAL PROVISIONS
8.1 Severability. The provisions of this Service and Assessment Plan are intended to be
severable. In the event any provision of this Service and Assessment Plan, or the application
thereof to any person or circumstance, is held or determined to be invalid, illegal, or unenforceable,
and if such invalidity, unenforceability, or illegality does not cause substantial deviation from the
underlying intent of the City Council as expressed in this Service and Assessment Plan, then such
provision shall be deemed severed from this Service and Assessment Plan with respect to such
person, entity, or circumstance without invalidating the remainder of this Service and Assessment
Plan or the application of such provision to other persons, entities, or circumstances.
8.2 Exhibits. The following exhibits are part of this Service and Assessment Plan:
Exhibit A Legal Description of the Property
Exhibit A-1 Depiction of the Property
Exhibit B Official Report – 2022 Public Improvements Cost
Exhibit C-1 Service Plan: Five-Year Projection of 2013 Public Improvements
Exhibit C-2 Service Plan: Five-Year Projection of Additional Facility Public
Improvements Costs
Exhibit C-3 Service Plan: Five-Year Projection of Related Development Public
Improvements Costs
Exhibit C-4 Form of Notice Required by Texas Property Code Section 5.014
Exhibit D Special Benefits Report
Exhibit E Assessment Roll
Exhibit E-1 Bond Debt Service Schedules for Calculating Debt Service Shortfall
Exhibit F Chronological History of City Council Legislative Actions for the District
244
Exhibit A
Legal Description of the Property (439.12 Acres)
Exhibit A to The Colony SAP – Legal Description of the Property - Page 1
1775.016\1053550.5
Being a 439.12 acre tract of land situated in the B.B.B & C.R.R. Survey, Abstract No. 173, B.B.B. & C. Survey,
Abstract No. 174, Thomas A. West Survey, Abstract No. 1344, and the M.D.T. Hallmark Survey, Abstract No. 570,
Denton County, Texas, and being all of a tract of land conveyed by deed to 12 1 Acquisition Company, LLC., as
recorded in Instrument No. 2011-114773, 2011-121444, and 2011-112195, Deed Records, Denton County, Texas, and
a portion of Plano Parkway and a portion of Burlington Northern Railroad tract, and being more particularly descri bed
as follows:
BEGINNING at a found TxDOT monument, said point being the northwest corner of said 121 Acquisition Company,
LLC tract and being in the south right-of-way line of State Highway 121 (having a variable width R.O.W.);
THENCE North 63°32'06" East, along said south right-of-way line, a distance of 130.52 feet to a point for corner;
THENCE North 60°22'33" East, continuing along said south right -of-way line, a distance of 80.86 feet to a point for
corner;
THENCE South 29°13'03" East, continuing along said south right -of-way line, a distance of 50.00 feet to a point for
corner;
THENCE North 60°47'38" East, continuing along said south right -of-way line, a distance of 219.64 feet to a point for
corner, said point being in the west right-of-way line of Plano Parkway (100 ft R.O.W.);
THENCE North 50°53'35" East, leaving said south right-of-way line, and leaving said west right-of-way line, a
distance of 100.00 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of
950.00 feet and a central angle of 1°26'54" and a long chord which bears North 38°22'58" West, 24.01 feet, said point
being in the east right-of-way line of said Plano Parkway;
THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 24.01 feet
to a point for corner, said point being the most southerly point of a corner -clip of the intersection of said east right-of-
way line of Plano Parkway and the south right-of-way line of said State highway 121;
THENCE North 08°46'31" East, along said corner-clip, a distance of 26.03 feet to a point for corner, said point being
in the south right-of-way line of said State highway 121;
THENCE North 60°47'38" East, along said south right-of-way line, a distance of 203.71 feet to a point for corner;
THENCE North 58°17'36" East, continuing along said south right -of-way line, a distance of 252.11 feet to a point for
corner;
THENCE North 55°47'40" East, continuing along said south right-of-way line, a distance of 105.11 feet to a point for
corner;
THENCE North 58°17'42" East, continuing along said south right -of-way line, a distance of 248.62 feet to a point for
corner;
THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 263.85 feet to a point for
corner;
THENCE North 76°30'51" East, continuing along said south right -of-way line, a distance of 92.27 feet to a point for
corner;
THENCE North 65°56'12" East, continuing along said south right -of-way line, a distance of 100.40 feet to a point for
corner;
THENCE North 64°13'39" East, continuing along said south right -of-way line, a distance of 100.18 feet to a point for
corner;
THENCE North 60°16'36" East, continuing along said south right -of-way line, a distance of 39.88 feet to a point for
corner;
THENCE South 74°12'01" East, continuing along said south right -of-way line, a distance of 70.70 feet to a point for
corner;
THENCE North 60°47'38" East, continuing along said south right -of-way line, a distance of 64.12 feet to a point for
corner;
THENCE North 15°47'17" East, continuing along said south right -of-way line, a distance of 73.27 feet to a point for
corner;
245
Exhibit A
Legal Description of the Property (439.12 Acres)
Exhibit A to The Colony SAP – Legal Description of the Property - Page 2
1775.016\1053550.5
THENCE North 59°04'32" East, continuing along said south right -of-way line, a distance of 94.25 feet to a point for
corner;
THENCE North 55°39'04" East, continuing along said south right -of-way line, a distance of 100.40 feet to a point for
corner;
THENCE North 47°37'54" East, continuing along said south right -of-way line, a distance of 114.18 feet to a point for
corner;
THENCE North 60°47'38" East, continuing along said south right -of-way line, a distance of 3800.00 feet to a point
for corner;
THENCE North 65°20'10" East, continuing along said south right -of-way line, a distance of 189.41 feet to a point for
corner;
THENCE North 61°56'23" East, continuing along said south right -of-way line, a distance of 100.02 feet to a point for
corner;
THENCE North 63°39'23" East, continuing along said south right -of-way line, a distance of 100.12 feet to a point for
corner;
THENCE North 64°47'53" East, continuing along said south right -of-way line, a distance of 100.24 feet to a point for
corner;
THENCE North 66°30'16" East, continuing along said south right -of-way line, a distance of 201.00 feet to a point for
corner;
THENCE North 65°56'12" East, continuing along said south right -of-way line, a distance of 100.40 feet to a point for
corner;
THENCE North 66°30'16" East, continuing along said south right -of-way line, a distance of 100.50 feet to a point for
corner;
THENCE North 63°05'04" East, continuing along said south right -of-way line, a distance of 100.08 feet to a point for
corner;
THENCE North 64°13'39" East, continuing along said south right -of-way line, a distance of 100.18 feet to a point for
corner;
THENCE North 83°05'27" East, continuing along said south right -of-way line, a distance of 69.58 feet to a point for
corner;
THENCE North 60°39'18" East, continuing along said south right -of-way line, a distance of 33.81 feet to a point for
corner, said point being in the west right-of-way line of Burlington Northern Railroad (having a variable width
R.O.W.);
THENCE North 60°38'52" East, leaving said west right-of-way line, a distance of 107.30 feet to a point for corner,
said point being in the east right-of-way line of said Burlington Northern Railroad;
THENCE North 60°45'58" East, leaving said east right-of-way line, continuing along said south right -of-way line of
State Highway 121, a distance of 254.35 feet to a point for corner;
THENCE North 63°19'02" East, continuing along said south right-of-way line, a distance of 585.96 feet to a point for
corner;
THENCE North 60°52'09" East, continuing along said south right -of-way line, a distance of 369.37 feet to a point for
corner, said point being in the west right-of-way line of West Spring Creek Parkway (having a 160 ft R.O.W.);
THENCE South 29°24'43" East, leaving said south right -of-way line, and along said west right-of-way line, a distance
of 265.52 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 970.00 feet
and a central angle of 29°13'42", and a long chord which bears South 14°53'13" East, 489.48 feet;
THENCE continuing along said west right-of-way line, and along said non-tangent curve to the right an arc distance
of 494.83 feet to a point for corner;
THENCE South 00°22'42" East, continuing along said west right -of-way line, a distance of 476.17 feet to a point for
corner;
246
Exhibit A
Legal Description of the Property (439.12 Acres)
Exhibit A to The Colony SAP – Legal Description of the Property - Page 3
1775.016\1053550.5
THENCE South 00°23'35" East, continuing along said west right -of-way line, a distance of 864.92 feet to a point for
corner, said point being in the north line of Kings Ridge Addition, Phase Three, as recorded in Cabinet X, Page 450,
Plat Records, Denton County, Texas;
THENCE South 89°40'20" West, leaving said west right -of-way line, and along said north line, a distance of 1199.93
feet to a point for corner, said point being in the east right -of-way line of said Burlington Northern Railroad;
THENCE North 87°39'44" West, leaving said north line, leaving said east right-of-way line, a distance of 101.16 feet
to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 3703.75 feet and a central
angle of 3°44'19" and a long chord which bears South 04°12'25" West, 241.62 feet, said point being in the west right-
of-way line of said Burlington Northern Railroad;
THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 241.67
feet to a point for corner;
THENCE South 06°04'35" West, continuing along said east right-of-way line, a distance of 2524.64 feet to a point for
corner;
THENCE North 83°17'00" West, continuing along said east right-of-way line, a distance of 190.16 feet to a point for
corner;
THENCE South 00°51'51" East, continuing along said east right-of-way line, a distance of 970.10 feet to a point for
corner;
THENCE South 89°03'50" West, continuing along said east right -of-way line, a distance of 31.06 feet to a point for
corner;
THENCE South 01°14'37" East, continuing along said east right-of-way line, a distance of 447.78 feet to a point for
corner;
THENCE North 87°06'22" West, leaving said east right -of-way line, a distance of 1240.48 feet to a point for corner,
for the beginning of a non-tangent curve to the left having a radius of 1130.00 feet and a central angle of 103°16'58",
and a long chord which bears North 38°43'34" West, 1772.16 feet, said point being in the east right -of-way line of
said Plano Parkway;
THENCE along said east right-of-way line, and along said non-tangent curve to the left an arc distance of 2036.97
feet to a point for corner;
THENCE South 89°38'05" West, continuing along said east right-of-way line, a distance of 647.23 feet to a point for
corner, for the beginning of a non-tangent curve to the right having a radius of 950.00 feet and a central angle of
40°05'36" and a long chord which bears North 70°19'29" West, 651.29 feet;
THENCE continuing along said east right-of-way line, and along said non-tangent curve to the right an arc distance
of 664.77 feet to a point for corner, for the beginning of a reverse curve to the left having a radius of 1050.00 feet and
a central angle of 40°15'06" and a long chord which bears North 70°25'01" West, 722.57 feet;
THENCE continuing along said east right -of-way line, and along said curve to the left an arc distance of 737.65 feet
to a point for corner;
THENCE South 89°31'25" West, continuing along said east right-of-way line, a distance of 623.83 feet to a point for
corner, for the beginning of a tangent curve to the right having a radius of 950.00 feet, a central angle of 0°48'07", and
a long chord which bears South 89°55'28" West, 13.21 feet;
THENCE continuing along said east right-of-way line, along said curve to the right, an arc distance of 13.21 feet to a
point for corner;
THENCE South 00°19'22" West, leaving said east right-of-way line, a distance of 100.00 feet to a point for corner,
said point being in the west right-of-way line of said Plano Parkway;
THENCE South 89°58'40" West, leaving said west right-of-way line, a distance of 1210.45 feet to a point for corner;
THENCE North 00°25'18" West, a distance of 226.47 feet to the POINT OF BEGINNING and CONTAINING
19,128,279 square feet, 439.12 acres of land, more or less.
247
Exhibit A-1
Depiction of the Property
Exhibit A-1 to The Colony SAP – Depiction of the Property - Page 1
1775.016\1053550.5
248
EXHIBIT B
Exhibit B to The Colony SAP – Official Report - Public Improvement Cost - Page 1
1775.016\1053550.5
OFFICIAL REPORT
2024 PUBLIC IMPROVEMENTS COST
The City of The Colony Public Improvement District No. 1
The Colony, Texas
PREPARED BY:
Jeremie Maurina, Executive Business Liaison
DATED: August 19th, 2025
249
Exhibit B
Exhibit B to The Colony SAP – Official Report - Public Improvements Cost - Page 2
1775.016\1053550.5
Official Report - Public Improvements Cost1
Public Improvements Facility Waterfront
Related
Development TOTALS
Enhanced Traffic Services $49,882.71 $0 $0 $49,882.71
Enhanced Police Services $2 68,784.65 $0 $0 $268,784.65
Special Supplemental Services2 $295,333.0 3 $45,107.8 9 $371,759.08 $712,200.00
Lake Maintenance $12,025.64 $1,836.74 $15,137.62 $29,000.00
TOTALS $626,026.03 $46,944.63 $386,896.70 $1,059,867.36
1 Costs shown do not include costs related to 90 days of operating costs or costs related to Di rect Supplemental Services. See Exhibit D (Special Benefits Reports)
for information about these costs.
2 Special Supplemental Services include contractual services related to health and sanitation, water and wastewater, landscaping, and operation of the PID.
250
Exhibit C-1
Service Plan: Five-Year Projection of Annual Indebtedness
Related to 2013 Facility Public Improvements
Exhibit C-1 to The Colony SAP - Projection of Annual Indebtedness Related to 2013 Facility Public Improvements Cost - Page 1
1775.016\1053550.5
Year Principal1 Semi-Annual
Collection Costs2
Delinquent Collection
Costs3
Annual Administrative
Costs4
Estimated Annual
Indebtedness
2025 See Sections 4.2 and
5.9
$5,000 $0 $5,000 See Section 5.9
2026 See Sections 4.2 and
5.9
$5,000 $0 $5,000 See Section 5.9
2027 See Sections 4.2 and
5.9
$5,000 $0 $5,000 See Section 5.9
2028 See Sections 4.2 and
5.9
$5,000 $0 $5,000 See Section 5.9
2029 See Sections 4.2 and
5.9
$5,000 $0 $5,000 See Section 5.9
1. See Section 7, Paragraph 1 for the outstanding Principal Amount of the 2013 Facility Public Improvement Assessment as of September 7th, 2021. The annual indebtedness for
the 2013 Public Improvements Cost in any given year is the sum of the Semi-Annual Installments for the Project Infrastructure Bonds for the year.
2. Semi-Annual Collection Costs may be increased or reduced as part of each Service Plan Update. If the Semi-Annual Collection Costs collected are less than the Semi-Annual
Collection Costs paid or incurred, the deficit may be carried forward and added to the Semi-Annual Collection Costs for the next year or paid as Semi-Annual Administrative
Costs. If the Semi-Annual Collection Costs collected exceed the Semi-Annual Collection Costs paid or incurred, the excess shall be carried forward to reduce the Semi -Annual
Collection Costs for the next year. Semi-Annual Collection Costs shall be allocated pro rata among all Parcels with unpaid Assessments.
3. This exhibit includes no Delinquent Collection Costs. The actual amount of Delinquent Collection Costs attributabl e to a Parcel will, if not paid upon demand, be added to the
Semi-Annual Installment for the Parcel as part of the Service Plan Update for the next year. If Delinquent Collection Costs remain unpaid, they will continue to be added to the
Semi-Annual Installment for the Parcel as part of the Service Plan Update for the next year.
4. Semi-Annual Administrative Costs (up to the maximum amount determined by the additi onal interest authorized by Section 372.018(a) of the Act) are estimated and may be
increased or reduced as part of each Service Plan Update. If the Semi-Annual Administrative Costs collected are not enough to pay the Semi-Annual Administrative Costs paid
or incurred, the deficit may be carried forward and added to the Semi-Annual Administrative Costs for the next year. If the Semi-Annual Administrative Costs collected exceed
the Semi-Annual Administrative Costs paid or incurred, the excess shall be carried forward to reduce the Semi-Annual Administration Costs for the next year. Semi-Annual
Administrative Costs shall be allocated pro rata among all Parcels with unpaid Assessments.
251
Exhibit C-2
Service Plan: Five-Year Projection of Annual Indebtedness
Related to Additional Facility Public Improvements1
Exhibit C-2 to The Colony SAP - Projection of Annual Indebtedness Related to Additional Facility Public Improvements Cost - Page 1
1775.016\1053550.5
2025 2026 2027 2028 2029
$626,026 $657,327 $ 690,194 $ 724,703 $ 760,939
_______________________________
1 Costs shown do not include costs related to 90 days of operating costs or costs related to Direct Supplemental Services. See Exhibit D (Special Benefits Reports)
for information about these costs.
252
Exhibit C-3 to The Colony SAP - Projection of Annual Indebtedness Related to Annual Related Development Public Improvements Cost - Page 1
1775.016\1053550.5
Exhibit C-3
Service Plan: Five-Year Projection of Annual Indebtedness
Related to Annual Related Development Public Improvements1
2024 2025 2026 2027 2028
$433,841 $455,533 $478,310 $502,226 $527,337
1 Costs shown do not include costs related to 90 days of operating costs or costs related to Direct Supplemental Services. See Exhibit D (Special Benefits Reports)
for information about these costs.
253
Exhibit C-4
Exhibit C-4 to The Colony SAP – Form of Notice Required by
Texas Property Code Section 5.014 - Page 1
1775.016\1053550.5
FORM OF NOTICE REQUIRED BY
TEXAS PROPERTY CODE SECTION 5.014
Effective September 1, 2021, Texas Property Code §5.014 requires a seller of any real
property located in a public improvement district to give notice TWICE to the purchaser of the
purchaser's obligation to pay the PID assessment in the form required under Texas Property Code
§5.014, as amended. Section 5.0141 of the Texas Property Code requires the "First Notice" below
to be given to a prospective purchaser BEFORE the execution of a binding contract of purchase
and sale, either separately or as an addendum or paragraph of a purchase contract. AT CLOSING,
Section 5.0143 of the Texas Property Code requires a separate copy of the "Second Notice" below,
with current information, to be executed by the seller and purchase, acknowledged and recorded
in the deed records of the county in which the property is located.
FIRST NOTICE:
NOTICE OF OBLIGATION TO PAY
IMPROVEMENT DISTRICT ASSESSMENTS
TO THE CITY OF THE COLONY, TEXAS
CONCERNING THE PROPERTY AT:
[INSERT STREET ADDRESS]
As the purchaser of the real property described above, you are obligated to pay assessments
to the City of The Colony, Texas for the costs of a portion of a public improvement or services
project (the “Authorized Improvements”) undertaken for the benefit of the property within “City
of The Colony Public Improvement District No. 1” (the “District”) created under Subchapter A,
Chapter 372, Local Government Code, as amended.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS WHICH WILL VARY FROM YEAR TO YEAR
DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS,
ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of The Colony, Texas.
The exact amount of each annual installment will be approved each year by the City Council of
The Colony, Texas in the Annual Service Plan Update for the District. More information about the
assessments, including the amounts and due dates, may be obtained from the City of The Colony,
Texas.
YOUR FAILURE TO PAY ANY ASSESSMENT, OR ANY ANNUAL
INSTALLMENT THEREOF, MAY RESULT IN PENALTIES AND INTEREST BEING
ADDED TO WHAT YOU OWE OR IN A LIEN ON AND THE FORECLOSURE OF YOUR
PROPERTY.
254
Exhibit C-4
Exhibit C-4 to The Colony SAP – Form of Notice Required by
Texas Property Code Section 5.014 - Page 2
1775.016\1053550.5
The undersigned purchaser acknowledges receipt of this notice prior to the effective date
of a binding contract for the purchase of the real property at the street address set forth above.
[PURCHASER]
By:
Name:
Date:
[PURCHASER]
By:
Name:
Date:
The undersigned seller executes this notice pursuant to Texas Property Code Section 5.014(a-1), as
amended, before the effective date of a binding contract for purchase of the real property at the address
described above.
[SELLER]
By:
Name:
Date:
255
Exhibit C-4
Exhibit C-4 to The Colony SAP – Form of Notice Required by
Texas Property Code Section 5.014 - Page 3
1775.016\1053550.5
SECOND NOTICE
AFTER RECORDING RETURN TO:
[INSERT SELLER NAME
AND ADDRESS]
NOTICE OF OBLIGATION TO PAY
IMPROVEMENT DISTRICT ASSESSMENTS
TO THE CITY OF THE COLONY, TEXAS
CONCERNING THE PROPERTY AT:
[INSERT STREET ADDRESS]
As the purchaser of the real property described above, you are obligated to pay assessments
to the City of The Colony, Texas for the costs of a portion of a public improvement or services
project (the “Authorized Improvements”) undertaken for the benefit of the property within “City
of The Colony Public Improvement District No. 1” (the “District”) created under Subchapter A,
Chapter 372, Local Government Code, as amended.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS WHICH WILL VARY FROM YEAR TO YEAR
DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS,
ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of The Colony, Texas.
The exact amount of each annual installment will be approved each year by the City Council of
The Colony, Texas in the Annual Service Plan Update for the District. More information about the
assessments, including the amounts and due dates, may be obtained from the City of The Colony,
Texas.
YOUR FAILURE TO PAY ANY ASSESSMENT, OR ANY ANNUAL
INSTALLMENT THEREOF, MAY RESULT IN PENALTIES AND INTEREST BEING
ADDED TO WHAT YOU OWE OR IN A LIEN ON AND THE FORECLOSURE OF YOUR
PROPERTY.
The undersigned purchaser acknowledges receipt of this notice prior to the effective date
of a binding contract for the purchase of the real property at the street address set forth above.
[SIGNATURE PAGES FOLLOW]
256
Exhibit C-4
Exhibit C-4 to The Colony SAP – Form of Notice Required by
Texas Property Code Section 5.014 - Page 4
1775.016\1053550.5
IN WITNESS WHEREOF, the undersigned parties have executed this notice at the closing
of the purchase of the real property at the address described above and for the purposes stated
therein.
[PURCHASER]
By:
Name:
Date:
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me by ______________________, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he or she executed the same for the purposes therein expressed.
Given under my hand and seal of office on this _________________, 20____.
__________________________________________
Notary Public, State of Texas
[SEAL]
[PURCHASER]
By:
Name:
Date:
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me by ______________________, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he or she executed the same for the purposes therein expressed.
Given under my hand and seal of office on this _________________, 20____.
__________________________________________
Notary Public, State of Texas
[SEAL]
257
Exhibit C-4
Exhibit C-4 to The Colony SAP – Form of Notice Required by
Texas Property Code Section 5.014 - Page 5
1775.016\1053550.5
The undersigned seller acknowledges providing a separate copy of the notice required
by Section 5.014 of the Texas Property Code including the current information required by
Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real
property at the address above.
[SELLER]
By:
Name:
Date:
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me by ______________________, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he or she executed the same for the purposes therein expressed.
Given under my hand and seal of office on this _________________, 20____.
__________________________________________
Notary Public, State of Texas
[SEAL]
258
Exhibit D to The Colony SAP – Facility Public Improvements Cost Special Benefit Analysis - Page 1
1775.016\1053550.5
Exhibit D
Special Benefits Report
The City of The Colony Public Improvement District No. 1
The Colony, Texas
PREPARED BY:
Jeremie Maurina, Executive Business Liaison
DATED: August 19th, 2025
259
Exhibit D to The Colony SAP – Facility Public Improvements Cost Special Benefit Analysis - Page 2
1775.016\1053550.5
The Facility is expected to generate eight million customers each year. Given the traffic and
security needs of the Facility, above those provided as part of the City's basic municipal services,
one hundred percent (100%) of the Public Improvements for: (1) the enhanced traffic management
services consisting of a portion of the salary for a dedicated signal technician (the "Enhanced
Traffic Services") and (2) the enhanced police services consisting of the salaries of [two (2)
additional police officers, including benefits] (the "Enhanced Police Services") are attributable to
the Facility Property. The Facility Property is a single economic unit comprised of two tax parcels.
The Public Improvements Costs consisting of the Enhanced Traffic Services and Enhanced Police
Services are allocated to the two tax parcels based on acreage. In previous years, the City levied
assessments related to traffic management system costs, traffic control equipment, and certain road
and street improvements for the special benefit of property within the PID; however, there are no
such improvements anticipated for the 2025-2026 fiscal year.
During the development related to the Additional Facility Assessments and Related Development
Assessments described in the 2018 Annual Service Plan Update, a series of "Enhanced
Development Services" (now defined as "Direct Supplemental Services") were identified that
provided specific benefits to several individual parcels. Due to the nature of these supplemental
services and the scope they cover, they are not easily forecasted for inclusion in a budget. Instead,
beginning with the 2019 Annual Service Plan Update, these costs have been estimated annually
and directly assessed to the benefitted parcels (See Exhibit E for adjusted assessments for the
current year). This provides a more accurate assessment and allows the costs of those services to
be recovered from the properties that have directly benefited from them. The total estimated cost
of these services is $17,910.00 for the 2025-26 assessment.
Additionally, the City retains a reserve of an estimated 90 days of operating costs calculated based
on the annual budget for the Public Improvements. The 90 days of operating costs are apportioned
to the Facility Property, Waterfront Property and Related Development Property based on the
percentages described below.
Table D-1 below shows the special benefits analysis. The costs for the Enhanced Traffic Services
and the Enhanced Police Services shown below are allocated 100% to the Facility Property. The
costs for the Special Supplemental Services and Lake Maintenance are allocated on a per-acre
basis to the Facility Property, the Waterfront Property and the Related Development Property such
that the Facility Property is apportioned approximately 41.66 percent (107.47 Facility
Property/257.939495 total acres); the Waterfront Property is apportioned approximately 6.36
percent (16.421 Waterfront Property/257.939495 total acres); and the Related Development
Property is apportioned approximately 51.97 percent (134.054995 Related Development
Property/257.939495 total acres).
[Remainder of page left blank intentionally.]
260
Exhibit D to The Colony SAP – Facility Public Improvements Cost Special Benefit Analysis - Page 1
1775.016\1053550.5
2025-26 Public Improvement Costs
Description of Public Improvements Total Estimated Cost
Cost Allocated to
Facility Property
Cost Allocated to
Waterfront Property
Cost Allocated to
Related Development
Property
Enhanced Traffic Services $49,882.71 $49,882.71 $0 $0
Enhanced Police Services $268,784.65 $268,784.65 $0 $0
Special Supplemental Services $712,200.00 $295,333.03 $45,107.89 $371,759.08
Lake Maintenance $29,000.00 $12,025.64 $1,836.74 $15,137.62
PUBLIC IMPROVEMENT TOTALS $1,059,867.36 $626,026.03 $46,944.63 $386,896.70
90 Days Operating Cost Reserve $261,337.00 $108,370.54 $16,552.04 $136,414.57
Direct Supplemental Services $0 $0 $0 $17,910.00
TOTALS1 $1,321,205.36 $734,396.57 $63,496.67 $541,221.27
1 Costs shown are before any excess or deficit from t he previous year is applied.
261
Exhibit D to The Colony SAP – Facility Public Improvements Cost Special Benefit Analysis - Page 1
1775.016\1053550.5
2025-26 Public Improvement Costs Benefit Allocation
Public Improvements TOTALS
Special Benefit to
Facility Property
Special Benefit to
Waterfront Property
Special Benefit to
Related Development
Property
Enhanced Traffic Services $49,882.71 100% 0 0%
Enhanced Police Services $268,784.65
Special Supplemental Services $712,200.00 41.47% 6.33% 52.2%
Lake Maintenance $29,000.00 41.47% 6.33% 52.2%
TOTALS $1,059,867.36
90 Days Operating Cost
Reserve
$261,337.16 41.47% 6.33% 52.2%
Direct Supplemental Services $17,910.00 0% 0% 100%
TOTALS $1,339,114.52
262
Exhibit E
Assessment Roll
Exhibit E to The Colony SAP – Assessment Roll - Page 1
1775.016\1053550.5
1. Outstanding 2013 Facility Public Improvement Assessment levied against Facility
Property consisting of Tax Parcels No. 657618 and 657619 is $70,879,364.46.
2. Assessment Roll for Additional Facility Public Improvements, Waterfront Public
Improvements and Related Development Public Improvements as levied by the 2025
Assessment Ordinance:
Tax Parcel Assessment
Facility Property ($583,969.62)
#657618 – 81.99 acres ~76.29% $445,623.29
#657619 – 25.48 acres ~23.71% $138,346.33
Waterfront Property ($40,452.38)
#957987 – 13.774 acres~83.91% $33,945.06
#704832 – 0.675 acres~4.11% $1,663.49
#957988 - .506 acres ~3.08% $1,247.00
#957989 – 0.2976 acres ~1.81% $733.41
#957990 – 0.2717 acres ~ 1.66% $669.59
#957991 – 0.4838 acres ~ 2.95% $1,192.29
#957992 – 0.4064 acres ~ 2.48% $1,001.54
Related Development Property ($350,850.51)
#692390 – 2.015 acres ~ 1.49% $4,965.83
#692391 – 2.105 acres ~ 1.56% $5187062
#653843 – 2.944 acres ~ 2.18% $7,345.28
#653844 – 2.683 acres ~ 1.98% $6,612.07
#674231 – 3.386 acres ~ 2.50% $8,344.56
#692387 – 1.903 acres ~ 1.41% $4,779.81
#692388 – 0.301 acres ~ 0.22% $741.79
#692379 – 2.931 acres ~2.17% $7,223.24
#692380 – 0.204 acres ~ 0.15% $502.74
#732382 – 8.551 acres ~ 6.32% $21,073.34
#748393 – 79.089 acres ~ 58.46% $202,650.15
#753491 – 5.839 acres ~ 4.32% $14,389.52
#753492 – 1.574 acres ~ 1.16% $3,878.42
#674218-3.645 acres ~2.69% $10,512.85
263
Exhibit E
Assessment Roll
Exhibit E to The Colony SAP – Assessment Roll - Page 2
1775.016\1053550.5
#692389-1.925 acres ~1.42% $4,744.03
#1004631- 1.029 acres ~0.76% $3,615.90
#1003642- 3.581 acres ~2.65% $14,405.12
#1015683- 10.35 acres ~7.65% $25,596.85
#1004633- 1.226 acres ~0.91% $4,281.39
264
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 1
1775.016\1053550.5
265
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 2
1775.016\1053550.5
266
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 3
1775.016\1053550.5
267
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 4
1775.016\1053550.5
268
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 5
1775.016\1053550.5
269
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 6
1775.016\1053550.5
270
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 7
1775.016\1053550.5
271
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 8
1775.016\1053550.5
272
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 9
1775.016\1053550.5
273
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 10
1775.016\1053550.5
274
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 11
1775.016\1053550.5
275
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 12
1775.016\1053550.5
276
E-1
Bond Debt Service Schedules for Calculating Debt Service Shortfalls
Exhibit E-1 to The Colony SAP – Bond Debt Service Schedules for Calculating
Debt Service Shortfalls - Page 13
1775.016\1053550.5
277
Exhibit F
Chronological History of City Council Legislative Actions for the District
Exhibit F to The Colony SAP –- Chronological History of City Council Legislative
Actions for the District - Page 1
1775.016\1053550.5
Below is a summary of prior legislative actions of the City Council for the District, including the levy of all Assessments
against benefitted property within the District. This Exhibit F shall be updated with each Annual Service Plan Update.
Items marked with an (**) were validated as part of the matter styled Ex Parte City of The Colony in the 53rd District
Court of Travis County, Texas (the "Bond Validation Suit") for which a Final Judgment was issued on January 18, 2012.
September 17, 2012** Landowner petition ("PID Creation Petition") for the establishment of the District is
submitted to the City and filed with the City Secretary.
September 18, 2012 City Council approved Resolution No. 2012-067 accepting the PID Creation Petition and
calling a public hearing on the creation of the District for October 8, 2012.
September 21, 2012** Notice of "City of The Colony, Texas, Notice of Public Hearing Regarding the Proposed
Establishment of City of The Colony Public Improvement District No. 1" is mailed to
"Property Owners" as required by the Act.
September 22, 2012** Notice of "City of The Colony, Texas, Notice of Public Hearing Regarding the Proposed
Establishment of City of The Colony Public Improvement District No. 1" is published in
the Denton Record Chronicle as required by the Act.
September 26, 2012** City Council by motion accepts and approves PID Creation Petition, waiver of the 15-day
notice for the public hearing on the creation of the District to be held on October 8, 2012,
and waiver of the 20-day protest period for the commencement of construction of the
Authorized Improvements.
October 8, 2012** After considering all written and documentary evidence presented at the public hearing
described above, City Council approved Resolution No. 2012-073 authorizing the creation
of the District.
October 9, 2012** Publication of Resolution No. 2012-073 authorizing the creation of the District as required
by the Act.
December 11, 2012 City Council approved Resolution No. 2012-100 accepting a preliminary service and
assessment plan, proposed assessment roll and proposed reimbursement agreement for the
District and calling a public hearing ("2013 Assessment Hearing") for January 15, 2013 to
consider an ordinance levying assessments on benefitted property within the District, and
directing publication and mailing of statutory notices for such hearing.
December 17, 2012** Notice of "City of The Colony, Texas, Notice of Public Hearing on Assessment Ordinance
for the City of The Colony Public Improvement District No. 1" is mailed to "Property
Owners" as required by the Act.
December 19, 2012** Notice of "City of The Colony, Texas, Notice of Public Hearing on Assessment Ordinance
for the City of The Colony Public Improvement District No. 1" is published in the Denton
Record Chronicle as required by the Act.
January 15, 2013 City Council conducted the 2013 Assessment Public Hearing and approved a motion to
continue the 2013 Assessment Public Hearing to February 7, 2013.
278
Exhibit F
Chronological History of City Council Legislative Actions for the District
Exhibit F to The Colony SAP –- Chronological History of City Council Legislative
Actions for the District - Page 2
1775.016\1053550.5
February 7, 2013**
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. 2013-1992, recorded as
Instrument No. 2013-20487 in the real property records of Denton County, Texas (the
“2013 Assessment Ordinance”), which (i) approved and accepted the “City of The Colony,
Texas, Public Improvement District No. 1 Service and Assessment Plan” dated February 7,
2013 (the “Original Service and Assessment Plan”), (ii) levied the 2013 Facility Public
Improvement Assessment against the Facility Property for the 2013 Public Improvements
as shown on the Assessment Roll attached as Exhibit G to the Original Service and
Assessment Plan, and (iii) deferred levying the 2013 Related Development Deferred
Assessment for the portion of the 2013 Public Improvements Cost that specially benefits
the Related Development Property.
City Council approved Resolution No 2013-008 approving the 2013 LGC Sales Tax Bonds,
the 2013A LGC Sales Tax Bonds, and the 2013 LGC Tax Bonds and approving the 2013
LGC Sales Tax Bonds Reimbursement Agreement and the 2013 LGC Tax Bonds
Reimbursement Agreement.
City Council approved Resolution No. 2013-009 approving the 2013 Type A Bonds and
approving the 2013 Type A Bonds Reimbursement Agreement.
City Council approved Resolution No. 2013-010 approving the 2013 Type B Bonds and
approving the 2013 Type B Bonds Reimbursement Agreement.
April 21, 2015 City Council approved Resolution No. 2015-042 accepting the City of The Colony Public
Improvement District No. 1 Preliminary 2015 Annual Service and Assessment Plan, dated
March 17, 2015, including proposed assessment roll for the District and calling a public
hearing ("2015 Assessment Public Hearing") for May 5, 2015 to consider an ordinance
levying assessments in the aggregate amount of $1,379,301.00 on benefitted property
within the District, and directing publication and mailing of statutory notices for such
hearing.
May 5, 2015 After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2015 Assessment Public Hearing.
After considering all written and documentary evidence presented at the duly noticed public
hearing described above, the City Council approved Ordinance No. 2015-2136 (the "2015
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No. 1 2015 Annual Service and Assessment Plan, dated May 5, 2015 (the "2015
Annual Service Plan Update") and levied Assessments in the aggregate amount of
$1,379,301 consisting of: (i) $959,247.96 against the Facility Property for costs of
Additional Facility Public Improvements (the "2015 Facility Assessment"), (ii)
$369,143.53 for Boardwalk Public Improvement Costs (as defined in the 2015 Annual
Service Plan Update) and $50,909.51 for Related Development Public Improvements Costs
against the benefitted portions of the Related Development Property (collectively, the
aggregate $420,053.04 amount is referred to as the "2015 Related Development
Assessment")
August 18, 2015 City Council approved Resolution No. 2015-066 accepting the City of The Colony Public
Improvement District No. 1 Preliminary 20152016 Annual Service and Assessment Plan,
dated August 13, 2015, including proposed assessment roll for the District, and calling a
public hearing ("2015-16 Assessment Public Hearing") for September 1, 2015 to consider
an ordinance levying assessments in the aggregate amount of $1,454,992.00 on benefitted
property within the District, and directing publication and mailing of statutory notices for
such hearing.
279
Exhibit F
Chronological History of City Council Legislative Actions for the District
Exhibit F to The Colony SAP –- Chronological History of City Council Legislative
Actions for the District - Page 3
1775.016\1053550.5
September 15, 2015 After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2015-16 Assessment Public Hearing.
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. 2015-2160 (the "2015
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No. 1 2015/2016 Annual Service and Assessment Plan, dated August 13, 2015 and
amended September 14, 2015 (the "2015/2016 Annual Service Plan Update") and levied
Assessments in the aggregate amount of $1,454,992 consisting of: (i) $1,218,234.83 against
the Facility Property for costs of Additional Facility Public Improvements (the "2015
Facility Assessment"), (ii) $148,428.69 for Boardwalk Public Improvement Costs (as
defined in the 2015 Annual Service Plan Update) and $88,328.48 for Related Development
Public Improvements Costs against the benefitted portions of the Related Development
Property (collectively, the aggregate $236,757.17 amount is referred to as the "2015 Related
Development Assessment")
August 16, 2016 City Council approved Resolution No. 2016-049 accepting the City of The Colony Public
Improvement District No. 1 Preliminary 2016/2017 Annual Service and Assessment Plan,
dated August 10, 2016, including proposed assessment roll for the District, and calling a
public hearing ("2016 Assessment Public Hearing") for September 6, 2016 to consider an
ordinance levying assessments in the aggregate amount of $1,162,836.00 on benefitted
property within the District, and directing publication and mailing of statutory notices for
such hearing.
September 6, 2016 After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2016 Assessment Public Hearing.
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. 2016-2232 (the "2016
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No. 1 2016/2017 Annual Service and Assessment Plan, dated August 10, 2016 and
amended August 29, 2016 (the "2016 Annual Service Plan Update") and levied
Assessments in the aggregate amount of $1,162,836.00 consisting of: (i) $875,155.64
against the Facility Property for costs of Additional Facility Public Improvements (the
"2016 Facility Assessment"), (ii) $120,673.24 for Boardwalk Public Improvement Costs
(as defined in the 2016 Annual Service Plan Update) and $167,007.12 for Related
Development Public Improvements Costs against the benefitted portions of the Related
Development Property (collectively, the aggregate $287,681.36 amount is referred to as the
"2016 Related Development Assessment").
September 5, 2017 City Council approved Resolution No. 2017-078 accepting the City of The Colony Public
Improvement District No. 1 Preliminary 2017/2018 Annual Service and Assessment Plan,
dated August 16, 2017, including proposed assessment roll for the District, and calling a
public hearing ("2017 Assessment Public Hearing") for September 19, 2017 to consider an
ordinance levying assessments in the aggregate amount of $1,531,458.00 on benefitted
property within the District, and directing publication and mailing of statutory notices for
such hearing.
280
Exhibit F
Chronological History of City Council Legislative Actions for the District
Exhibit F to The Colony SAP –- Chronological History of City Council Legislative
Actions for the District - Page 4
1775.016\1053550.5
September 19, 2017
After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2017 Assessment Public Hearing.
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. 2017-2283 (the "2017
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No. 1 2017/2018 Annual Service and Assessment Plan, dated August 16, 2017 and
amended September 11, 2017 (the "2017 Annual Service Plan Update") and levied
Assessments in the aggregate amount of $1,531,458 consisting of: (i) $658,465 against the
Facility Property for costs of Additional Facility Public Improvements (the "2017 Facility
Assessment"), (ii) $402,978 for Waterfront Public Improvement Costs (as defined in the
2017 Annual Service Plan Update) and $470,015 for Related Development Public
Improvements Costs against the benefitted portions of the Related Development Property
(collectively, the aggregate $872,993 amount is referred to as the "2017 Related
Development Assessment").
August 21, 2018 City Council approved Resolution No. 2018-071 accepting the City of The Colony Public
Improvement District No. 1 Preliminary 2018/2019 Annual Service and Assessment Plan,
dated August 16, 2018, including proposed assessment roll for the District, and calling a
public hearing ("2018 Assessment Public Hearing") for September 18, 2018 to consider an
ordinance levying assessments in the aggregate amount of $1,497,805.98 on benefitted
property within the District, and directing publication and mailing of statutory notices for
such hearing.
September 18, 2018 After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2018 Assessment Public Hearing.
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. 2018-2235 (the "2018
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No.1 2018/2019 Annual Service and Assessment Plan, dated September 12, 2018
(the "2018 Annual Service Plan Update") and levied Assessments in the aggregate amount
of $1,497,805.98 consisting of: (i) $810,379.62 against the Facility Property for costs of
Additional Facility Public Improvements (the "2018 Facility Assessment"), (ii) $83,293.66
for Waterfront Public Improvement Costs (as defined in the 2018 Annual Service Plan
Update) and $604,132.70 for Related Development Public Improvements Costs against the
benefitted portions of the Related Development Property (collectively, the aggregate
$687,426.36 amount is referred to as the "2018 Related Development Assessment").
August 20, 2019 City Council approved Resolution No. 2019-065 accepting the City of The Colony Public
Improvement District No. 1 Preliminary 2019/2020 Annual Service and Assessment Plan,
dated August 15, 2019, including proposed assessment roll for the District, and calling a
public hearing ("2019 Assessment Public Hearing") for September 17, 2019 to consider an
ordinance levying assessments in the aggregate amount of $1,061,109.02 on benefitted
property within the District, and directing publication and mailing of statutory notices for
such hearing.
281
Exhibit F
Chronological History of City Council Legislative Actions for the District
Exhibit F to The Colony SAP –- Chronological History of City Council Legislative
Actions for the District - Page 5
1775.016\1053550.5
September 17, 2019 After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2019 Assessment Public Hearing.
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. 2019-2376 (the "2019
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No. 1 2019/2020 Annual Service and Assessment Plan, dated September 17, 2019
(the "2019 Annual Service Plan Update") and levied Assessments in the aggregate amount
of $1,061,109.02 consisting of: (i) $570,667.99 against the Facility Property for costs of
Additional Facility Public Improvements (the "2019 Facility Assessment"), (ii) $49,965.50
for Waterfront Public Improvement Costs (as defined in the 2019 Annual Service Plan
Update) and $440,475.53 for Related Development Public Improvements Costs against the
benefitted portions of the Related Development Property (collectively, the aggregate
$490,441.03 amount is referred to as the "2019 Related Development Assessment").
August 5, 2020 City Council approved Ordinance No. 2020-2407 accepting the City of The Colony Public
Improvement District No. 1 Preliminary 2020/2021 Annual Service and Assessment Plan,
dated August 13, 2020, including proposed assessment roll for the District, and calling a
public hearing ("2020 Assessment Public Hearing") for September 15, 2020 to consider an
ordinance levying assessments in the aggregate amount of $1,061,109.02 on benefitted
property within the District, and directing publication and mailing of statutory notices for
such hearing.
September 15, 2020 After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2020 Assessment Public Hearing.
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. 2020-2407 (the "2020
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No. 1 2020/2021 Annual Service and Assessment Plan, dated September 15, 2020
(the "2020 Annual Service Plan Update") and levied Assessments in the aggregate amount
of $1,061,109.02 consisting of: (i) $570,667.99 against the Facility Property for costs of
Additional Facility Public Improvements (the "2020 Facility Assessment"), (ii) $49,965.50
for Waterfront Public Improvement Costs (as shown in Exhibit B of the 2020 Assessment
Ordinance) and $440,475.53 for Related Development Public Improvements Costs against
the benefitted portions of the Related Development Property (collectively, the aggregate
$490,441.03 amount is referred to as the "2020 Related Development Assessment").
January 19, 2021 City Council approved Ordinance No. 2021-2430 approving an Approving an Amended
and Restated Service and Assessment Plan for the District, Including Assessment Roll for
The City of The Colony Public Improvement District No. 1.
City Council approved Resolution No. 2021-006 approving and Consenting to The Colony
Local Development Corporation Tax Increment Contract Revenue Refunding Bonds
(Nebraska Furniture Mart Texas Project) Taxable Series 2021.
282
Exhibit F
Chronological History of City Council Legislative Actions for the District
Exhibit F to The Colony SAP –- Chronological History of City Council Legislative
Actions for the District - Page 6
1775.016\1053550.5
August 17th, 2021 City Council approved Resolution No. 2021-053 accepting the City of The Colony Public
Improvement District No. 1 Annual Service and Assessment Plan Update (Assessment Year
October 1, 2021 to September 30, 2022), dated August 13, 2021, including proposed
assessment roll for the District, and calling a public hearing ("2021 Assessment Public
Hearing") for September 7, 2021 to consider an ordinance levying assessments in the
aggregate amount of $902,327on benefitted property within the District, and directing
publication and mailing of statutory notices for such hearing.
September 7th, 2021 After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2021 Assessment Public Hearing.
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. 2021-2449 (the "2021
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No. 1 Annual Service and Assessment Plan Update (Assessment Year October 1,
2021 to September 30, 2022), dated September 7, 2021 (the "2021 Annual Service Plan
Update") and levied Assessments in the aggregate amount of $902,327 consisting of: (i)
$535,879.94 against the Facility Property for costs of Additional Facility Public
Improvements (the "2021 Facility Assessment"), (ii) $41,034.82 for Waterfront Public
Improvement Costs (as shown in Exhibit B of the 2021 Assessment Ordinance) and
$325,412.13 for Related Development Public Improvements Costs against the benefitted
portions of the Related Development Property (collectively, the aggregate $366,446.95
amount is referred to as the "2021 Related Development Assessment"). The 2021
Assessment Ordinance was recorded as Document No. 168472 on September 14th, 2021 in
the Real Property Records of Denton County.
August 16th, 2022 City Council approved Resolution No. 2022-054 accepting the City of The Colony Public
Improvement District No. 1 Preliminary Annual Service and Assessment Plan Update
(Assessment Year October 1, 2022 to September 30, 2023), dated August 14th, 2022,
including proposed assessment roll for the District, and calling a public hearing ("2022
Assessment Public Hearing") for September 6, 2022 to consider an ordinance levying
assessments in the aggregate amount of $1,304,422 on benefitted property within the
District, and directing publication and mailing of statutory notices for such hearing.
October 18th, 2022 After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2022 Assessment Public Hearing.
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. 2022-2491 (the "2022
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No. 1 Annual Service and Assessment Plan Update (Assessment Year
October 1, 2022 to September 30, 2023), dated August 14, 2022 (the "2022 Annual Service
Plan Update") and levied Assessments in the aggregate amount of $1,304,421.76 consisting
of: (i) $731,985.36 against the Facility Property for costs of Additional Facility Public
Improvements (the "2022 Facility Assessment"), (ii) $68,245.18 for Waterfront Public
Improvement Costs (as shown in Exhibit B of the 2022 Assessment Ordinance) and
$504,191.22 for Related Development Public Improvements Costs against the benefitted
portions of the Related Development Property (collectively, the aggregate $572,436.40
amount is referred to as the "2021 Related Development Assessment"). The 2022
Assessment Ordinance was recorded as Document No. 149037 on October 21st, 2022 in the
Real Property Records of Denton County.
283
Exhibit F
Chronological History of City Council Legislative Actions for the District
Exhibit F to The Colony SAP –- Chronological History of City Council Legislative
Actions for the District - Page 7
1775.016\1053550.5
August 15th, 2023 City Council approved Resolution No. 2023-057 accepting the City of The Colony Public
Improvement District No. 1 Preliminary Annual Service and Assessment Plan Update
(Assessment Year October 1, 2023 to September 30, 2024), dated August 15, 2023,
including proposed assessment roll for the District, and calling a public hearing ("2023
Assessment Public Hearing") for September 5th, 2023 to consider an ordinance levying
assessments in the aggregate amount of $1,335,447 on benefitted property within the
District, and directing publication and mailing of statutory notices for such hearing.
September 19th, 2023 After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2023 Assessment Public Hearing.
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. 2023-2535 (the "2023
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No. 1 Preliminary Annual Service and Assessment Plan Update (Assessment Year
October 1, 2023 to September 30, 2024), dated September 19, 2023 (the "2023 Annual
Service Plan Update") and levied Assessments in the aggregate amount of $1,335,447
consisting of: (i) $691,853.18 against the Facility Property for costs of Additional Facility
Public Improvements (the "2023 Facility Assessment"), (ii) $61,601.36 for Waterfront
Public Improvement Costs (as shown in Exhibit B of the 2023 Assessment Ordinance) and
$581,992.92 for Related Development Public Improvements Costs against the benefitted
portions of the Related Development Property (collectively, the aggregate $643,594.28
amount is referred to as the "2023 Related Development Assessment"). The 2023
Assessment Ordinance was recorded as Document No. 101705 on September 20th, 2023 in
the Real Property Records of Denton County.
September 3rd , 2024 City Council approved Resolution No. 2024-065 accepting the City of The Colony Public
Improvement District No. 1 Preliminary Annual Service and Assessment Plan Update
(Assessment Year October 1, 2024 to September 30, 2024), dated September 3rd , 2024,
including proposed assessment roll for the District, and calling a public hearing ("2024
Assessment Public Hearing") for September 17th, 2024 to consider an ordinance levying
assessments in the aggregate amount of $1,100,261 on benefitted property within the
District, and directing publication and mailing of statutory notices for such hearing.
September 17th, 2024 After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2024 Assessment Public Hearing.
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. 2024-2578 (the "2024
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No. 1 Annual Service and Assessment Plan Update (Assessment Year
October 1, 2024 to September 30, 2024), dated September 19, 2024 (the "2024 Annual
Service Plan Update") and levied Assessments in the aggregate amount of $1,100,261
consisting of: (i) $613,682.54 against the Facility Property for costs of Additional Facility
Public Improvements (the "2024 Facility Assessment"), (ii) $47,719.48 for Waterfront
Public Improvement Costs (as shown in Exhibit B of the 2024 Assessment Ordinance) and
$438,858.56 for Related Development Public Improvements Costs against the benefitted
portions of the Related Development Property (collectively, the aggregate $486,578.04
amount is referred to as the "2024 Related Development Assessment"). The 2024
Assessment Ordinance was recorded as Instrument No. 101428 on September 19, 2024 in
the Real Property Records of Denton County.
284
Exhibit F
Chronological History of City Council Legislative Actions for the District
Exhibit F to The Colony SAP –- Chronological History of City Council Legislative
Actions for the District - Page 8
1775.016\1053550.5
[August 19th , 2025] City Council approved Resolution No. xxxxxxxx accepting the City of The Colony Public
Improvement District No. 1 Annual Service and Assessment Plan Update (Assessment Year
October 1, 2025 to September 30, 2026), dated [________ ,2025], including proposed
assessment roll for the District, and calling a public hearing ("2024 Assessment Public
Hearing") for August 19, 2025 to consider an ordinance levying assessments in the
aggregate amount of $975,272.51 on benefitted property within the District, and directing
publication and mailing of statutory notices for such hearing.
September 16th, 2025 After notice was properly mailed and published and required by the PID Act, the City
Council conducted the 2025 Assessment Public Hearing.
After considering all written and documentary evidence presented at the public hearing
described above, the City Council approved Ordinance No. XXXXXXX (the "2025
Assessment Ordinance") which approved the City of The Colony Public Improvement
District No. 1 Annual Service and Assessment Plan Update (Assessment Year
October 1, 2025 to September 30, 2026), dated [________ ,2025] (the "2025 Annual
Service Plan Update") and levied Assessments in the aggregate amount of [$_______]
consisting of: (i) [$_______] against the Facility Property for costs of Additional Facility
Public Improvements (the "2025 Facility Assessment"), (ii) [$_______] for Waterfront
Public Improvement Costs (as shown in Exhibit B of the 2025 Assessment Ordinance) and
[$_______] for Related Development Public Improvements Costs against the benefitted
portions of the Related Development Property (collectively, the aggregate [$_______]
amount is referred to as the "2025 Related Development Assessment"). The 2025
Assessment Ordinance was recorded as Instrument No. [_______] on [_______], 2025 in
the Real Property Records of Denton County.
285
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2025 -_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, ACCEPTING A PRELIMINARY SERVICE AND
ASSESSMENT PLAN FOR THE CITY OF THE COLONY PUBLIC
IMPROVEMENT DISTRICT NO. 1, INCLUDING A DETERMINATION
OF COST, A SERVICE PLAN, AN ASSESSMENT PLAN, AND AN
ASSESSMENT ROLL; ORDERING A PUBLIC HEARING FOR
TUESDAY, SEPTEMBER 16, 2025, TO CONSIDER AN ORDINANCE
LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES WITHIN
THE CITY OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO.
1 THAT ARE SPECIALLY BENEFITED BY THE PUBLI C
IMPROVEMENTS AND SUPPLEMENTAL SERVICES BEING
PROVIDED FOR FISCAL YEAR 2025-2026; AUTHORIZING AND
DIRECTING THE PUBLICATION AND MAILING OF NOTICES FOR
SAID PUBLIC HEARING; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 372 of the Texas Local Government Code authorize the City of The
Colony, Texas, to create a public improvement district within the City of The Colony, Texas; and
WHEREAS, on Monday, September 17, 2012, there was presented to the City of The
Colony, Texas (hereinafter referred to as the “City”) a petition seeking the authorization to establish
a public improvement district (hereinafter referred to as the “District”) within the City pursuant to
Chapter 372 of the Texas Local Government Code, as amended; and
WHEREAS, on Tuesday, September 18, 2012, the City Council for the City approved
Resolution No. 2012-067, ordering a public hearing for October 8, 2012, to consider a resolution
creating the District; and
WHEREAS, on Tuesday, October 8, 2012, the City Council for the City approved
Resolution No. 2012-073, creating the City of The Colony Public Improvement District No. 1; and
WHEREAS, on Tuesday, August 19, 2025, the City Council proposes to accept the City of
The Colony Public Improvement District No. 1, Preliminary 2025-2026 Annual Service and
Assessment Plan, dated September 16, 2025, for properties within the District, including (i) a
determination of the cost of the public improvements and supplemental services being provided for
the special benefit of the District; (ii) a service plan; (iii) an assessment plan; and (iv) an assessment
roll (collectively, the “Preliminary 2025-2026 Annual SAP”), which Preliminary 2025-2026 Annual
SAP is attached hereto as Exhibit A; and
WHEREAS, the City Council proposes a public hearing for Tuesday, September 16, 2025,
to consider an ordinance levying assessments against the Property to pay for the public improvements
identified in the Preliminary 2025-2026 Annual SAP that will confer a special benefit on the Property
286
and authorizes and directs the City Secretary to publish and mail notices of said public hearing in
accordance with the Act.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The findings set forth above are incorporated into the body of this Resolution
as if fully set forth herein.
SECTION 2. That the City Council of the City of The Colony, Texas, does hereby accept
the Preliminary Annual Service and Assessment Plan Update for 2025-2026 for the District and
proposed assessment roll for the City of The Colony Public Improvement District No. 1, a copy of
which is attached hereto as Exhibit A, and is incorporated for all purposes.
SECTION 3. That the City Council of the City of The Colony, Texas, does hereby order a
public hearing to be held on Tuesday, September 16, 2025, at 6:30 p.m., at City Hall, located at 6800
Main Street, The Colony, Texas, for the purpose of hearing public testimony concerning the levy of
special assessments in the aggregate amount of $975,272.52 against the property within the District
to pay for public improvements and enhanced services that will confer a special benefit on the
properties located within the City of The Colony Public Improvement District No. 1.
SECTION 4. At such time and place the City Council will hear testimony regarding the
adoption of an ordinance levying special assessments against the properties in accordance with section
372.017 of the Act.
SECTION 5. Notices of public hearing were mailed to affected landowners within the
boundaries of the proposed District consistent with Section 372.016(c) of the Texas Local
Government Code.
SECTION 6. If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Resolution; and the City Council hereby declares it would have passed such remaining portions
of this Resolution despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 7. This Resolution shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, THIS THE 19th DAY OF AUGUST, 2025.
Richard Boyer, Mayor
287
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
288
Exhibit A
City of The Colony Public Improvement District No. 1,
Preliminary Annual Service and Assessment Plan Update
(Assessment Year October 1, 2025 to September 30, 2026)
289
Agenda Item No: 5.7
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section: regular agenda items
Suggested Action:
Discuss and appoint members to The Colony 50th Anniversary Planning Committee. (Council)
Background:
290
Agenda Item No: 6.1
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section: executive session
Suggested Action:
A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of
the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property
and commercial or financial information the city has received from a business prospect(s), and to
deliberate the offer of a financial or other incentive to a business prospect(s). B. Council shall convene
into a closed executive session pursuant to Section 551.074 of the Texas Government Code to
deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. C. Council
shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government
Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Manager.
Background:
291
Agenda Item No: 7.1
CITY COUNCIL Agenda Item Report
Meeting Date: August 19, 2025
Submitted By: Ana Alvarado
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section: executive session action
Suggested Action:
A. Any action as a result of executive session regarding purchase, exchange, lease or value of real
property and commercial or financial information the city has received from a business prospect(s), and
the offer of a financial or other incentive to a business prospect(s). B. Any action as a result of executive
session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. C.
Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or
dismissal of the City Manager.
Background:
292