HomeMy WebLinkAboutCity Packets - City Council - 09/02/2025 - RegularCITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, SEPTEMBER 2,
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 Proclamation recognizing September 2025 as United Way of Denton County - LIVE UNITED
Month. (Mayor)
1.6 Proclamation acknowledging the month of September as "National Service Dog Month".
(Mayor)
1.7 Proclamation recognizing the first full week of September 2025 as "Payroll Week". (Mayor)
1.8 Items of Community Interest
1.9 Receive presentation from Parks and Recreation regarding upcoming events and activities.
(Hancock)
2.0 CITIZEN INPUT
3.0 WORK SESSION
3.1 Council to provide direction to staff regarding future agenda items. (Council)
4.0 CONSENT AGENDA
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, SEPTEMBER 2, 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: 09/02/2025
1
4.1 Consider approving City Council Regular Session meeting minutes from August 19, 2025.
(Stewart)
4.2 Consider approving a resolution authorizing the City Manager to suspend the September 17,
2025 effective date of the proposal of CoServ Gas Ltd. to implement interim GRIP rate
adjustments. (Miller)
4.3 Consider approving a resolution authorizing the City Manager to award a contract to Zone
Industries, LLC in the amount of $107,325.52 for the purchase and installation of a pump and
motor, BuyBoard Contract No. 770-25 at the Office Creek Water Treatment and Pump Station.
(Arthur)
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss, and consider an ordinance regarding amendments to
Appendix A, Section 10 of the Code of Ordinances of the City of The Colony, Texas, amending
Section 10-200, entitled "Schedule of Uses by District," by removing "Home Occupation" and
replacing it with a new land use entitled "No-Impact Home-Based Business"; amending
Appendix A, Section 10-300, entitled "definitions and explanations applicable to use schedule"
by removing subsection (14), definition for "home occupation" and adding a new definition
entitled "No-Impact Home-Based Business"; and amending Appendix A by adding a new
section 10-1386, entitled "Home-Based Business Regulations." (Williams)
5.2 Conduct a public hearing, discuss, and consider an ordinance regarding amendments to
Appendix A, Section 24 of the Comprehensive Zoning Code of the City of The Colony, Texas,
entitled "Amendments" subsection 24-101(g) to address notice requirements for public hearing.
(Williams)
5.3 Conduct a public hearing, discuss, and consider an ordinance regarding amendments to
Appendix B of the Code of Ordinances of the City of The Colony entitled "Subdivision
Ordinance," by adding a new section 8.5 entitled "Vacating Plat" and by establishing the
requirements for vacating a plat. (Williams)
5.4 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)
5.5 Discuss and consider approving a resolution authorizing the City Manager to approve an
amendment to the City's Finance Policy Number 100.07 - Purchasing. (Oerum)
5.6 Discuss and consider approving an ordinance adopting 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)
5.7 Discuss and consider an ordinance approving 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. (Miller)
5.8 Discuss and consider approving a resolution amending the Fiscal Year 2024-2025 Master Fee
Schedule for the Fiscal Year 2025-2026, effective October 1, 2025 . (Miller)
REGULAR SESSION OF THE CITY COUNCIL Agenda
Meeting Date: 09/02/2025
2
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.
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.
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: 09/02/2025
3
_________________________________________
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 5:00 p.m.
on the 26th day of August 2025.
REGULAR SESSION OF THE CITY COUNCIL Agenda
Meeting Date: 09/02/2025
4
Agenda Item No: 1.5
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 2025
Submitted By: Ana Alvarado
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section: routine announcements, recognitions and proclamations
Suggested Action:
Proclamation recognizing September 2025 as United Way of Denton County - LIVE UNITED Month.
(Mayor)
Background:
Melinda Galler, UWDC Board Member; Michael Thomson, Board Member and Fire Chief, City of
Carrollton and staff members Shelley Redondo, Programs Director and Sharon Lee, Landlord
Engagement Manager.
Attachments:
2025 United Way of Denton County Proclamation.doc
5
MAYORAL PROCLAMATION
WHEREAS, United Way of Denton County mobilizes communities like the
City of The Colony to action so all can thrive; and
WHEREAS, United is The Way we create a healthy Denton County community
with strengthened resilience, wellness, and financial security where everyone,
regardless of age, has the opportunity to flourish.
WHEREAS, by working together with donors, supporters, and collaborators
across Denton County, United Way of Denton County creates opportunities to expand
education, promote economic mobility, improve health & mental health, and provide
basic needs for over 54,000 County residents annually.
WHEREAS, United Way of Denton County leads the effort with a network of
nonprofits, governments, businesses, and donors to respond to our neighbor’s
immediate needs and seek out better solutions for larger community-wide issues.
NOW, THEREFORE, I, Richard Boyer, Mayor of the City of The Colony, do
hereby proclaim September 2025 as LIVE UNITED Month and proudly join United
Way of Denton County in calling on all residents of The Colony to Give to One to
Impact Many as we take action to LIVE UNITED for a better Denton County for all
of us.
SIGNED AND SEALED this 2nd day of September 2025.
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
__________________________________
Tina Stewart, TRMC, CMC, City Secretary
6
Agenda Item No: 1.6
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 2025
Submitted By: Ana Alvarado
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section: routine announcements, recognitions and proclamations
Suggested Action:
Proclamation acknowledging the month of September as "National Service Dog Month". (Mayor)
Background:
Attachments:
National Service Dog Month 2025 Proclamation.docx
7
MAYORAL PROCLAMATION
WHEREAS, we believe in the joyful, transformative power of the human-canine
bond and inclusivity of all citizens; and
WHEREAS, in the United States, 70 million adults have a disability and only
16,000 service dogs from accredited training programs exist nationwide and the need is
growing; and
WHEREAS, Canine Companions created the service dog for people with physical
disabilities 50 years ago in 1975, creating a new kind of support for disability; and
WHEREAS, Canine Companions is a nonprofit organization that enhances the
lives of people with disabilities by providing expertly-trained service dogs and ongoing
support to ensure quality partnerships, free of charge; and
WHEREAS, Canine Companions and their service dogs empower people with
disabilities to lead life with greater independence by providing best-in-class training,
ongoing follow up services and a deeply committed community of support; and
WHEREAS, National Service Dog Month aims to educate our community about
the benefits of service dogs and the laws protecting their handlers; and
WHEREAS, The City of The Colony, Texas continues to work toward becoming an
inclusive community in which all citizens, and their trained service dogs, are embraced.
NOW, THEREFORE, I Richard Boyer, Mayor of the City of The Colony, Texas,
in recognition of service dogs and the adults and children with disabilities in our
community, do hereby proclaim September to be “NATIONAL SERVICE DOG
MONTH”. I encourage all citizens to celebrate service dogs and be respectful of the rights
to safe access in our community afforded to the adults, children and veterans who lead
more independent lives because of their assistance.
SIGNED AND SEALED this 2nd day of September 2025.
Richard Boyer, Mayor
City of The Colony, Texas
8
Agenda Item No: 1.7
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 2025
Submitted By: Ana Alvarado
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section: routine announcements, recognitions and proclamations
Suggested Action:
Proclamation recognizing the first full week of September 2025 as "Payroll Week". (Mayor)
Background:
Indira Popaja, Government Relations Director with Dallas Chapter to accept proclamation
Attachments:
Payroll Week Proclamation.docx
9
MAYORAL PROCLAMATION
WHEREAS, the American Payroll Association and its more than 20,000 members
have launched a nationwide public awareness campaign that pays tribute to the nearly 150
million people who work in the United States and the payroll professionals who support the
American system by paying wages, reporting worker earnings and withholding federal
employment taxes; and
WHEREAS, payroll professionals in The Colony, Texas play a key role in
maintaining the economic health of The Colony, carrying out such diverse tasks as paying
into the unemployment insurance system, providing information for child support
enforcement, and carrying out tax withholding, reporting and depositing; and
WHEREAS, payroll departments collectively spend more than $2.4 trillion annually
complying with myriad federal and state wage and tax laws; and
WHEREAS, payroll professionals play an increasingly important role ensuring the
economic security of American families by helping to identify non-custodial parents and
making sure they comply with their child support mandates; and
WHEREAS, payroll professionals have become increasingly proactive in educating
both the business community and the public at large about the payroll tax withholding
systems; and
WHEREAS, payroll professionals meet regularly with federal and state tax officials
to discuss both improving compliance with government procedures and how compliance can
be achieved at less cost to both government and businesses; and
WHEREAS, the week in which Labor Day falls has been proclaimed National Payroll
Week.
NOW THEREFORE, I, Richard Boyer, Mayor of the City of The Colony, Texas,
hereby give additional support to the efforts of the people who work in the City of The
Colony, and of the payroll profession by proclaiming the first full week of September as:
City of the Colony Payroll Week
SIGNED and SEALED this 2nd day of September 2025.
________________________________
Richard Boyer, Mayor
City of The Colony, Texas
10
Agenda Item No: 1.9
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 2025
Submitted By: Ana Alvarado
Submitting Department: Parks & Recreation
Item Type: Announcement
Agenda Section: routine announcements, recognitions and proclamations
Suggested Action:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Hancock)
Background:
11
Agenda Item No: 3.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 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:
12
Agenda Item No: 4.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 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 19, 2025. (Stewart)
Background:
Attachments:
Aug. 19, 2025 Minutes.docx
13
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 19, 2025
The Regular Session of the City Council of the City of The Colony, Texas, was called to
order at 6:31 p.m. on the 19 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 6:31 p.m.
1.2 Invocation
Senior Pastor Mike Bishop from Lakeway Baptist Church delivered the
invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
1.6 Receive presentation from the Library regarding upcoming events and activities.
Library Director, Megan Charters, provided upcoming events and activities to the
Council.
2.0 CITIZEN INPUT
Chelsie Adams, 5917 Fox Drive, introduced herself as candidate for Justice of the Peace
Precinct 2 – Denton County.
Jennifer Hall, 5201 South Colony Blvd, spoke regarding grant funding for North Texas
Food Pantry.
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City Council – Regular Meeting Agenda
August 19, 2025
Page| 2
Pamela DeSantiago, 4431 August St., spoke regarding grant funding for Next Steps.
Jacqueline Egert, 4400 SH 121 Suite 300, spoke regarding grant funding for The Colony
Chamber of Commerce.
Pattie Huestis, spoke regarding grant funding for Casa of Denton County.
Michelle Doss, 5533 Rock Canyon Rd, spoke regarding grant funding for Love Pacs.
3.0 WORK SESSION
3.1 Receive a presentation regarding property maintenance and the responsibilities of
owners, landlords, and tenants.
Community Image Director, Iris Browder provided an overview of the item to City
Council.
3.2 Council to provide direction to staff regarding future agenda items.
Mayor Pro Tem, Judy Ensweiler provided City Council an update regarding the Food
Blessing Community Event that will be held every 3rd Saturday of each month and they
are looking for volunteers.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda - Schrag; second by Wade, motion
carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes from August 5,
2025.
4.2 Consider approving Council expenditures for June 2025.
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.
ORDINANCE NO. 2025-2614
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.
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City Council – Regular Meeting Agenda
August 19, 2025
Page| 3
RESOLUTION NO. 2025-087
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.
RESOLUTION NO. 2025-088
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.
RESOLUTION NO. 2025-089
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.
RESOLUTION NO. 2025-090
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.
RESOLUTION NO. 2025-091
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.
Deputy City Manager, Joe Perez provided an overview on the item and introduced Ricky
DeLaPaz.
Ricky DeLaPaz with SPAN presented an update on this item.
Layton Woodall available to answer questions.
Council provided discussion on the item.
Motion to postpone to September 2nd City Council meeting- Ensweiler; second by Marks,
motion carried with all ayes.
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City Council – Regular Meeting Agenda
August 19, 2025
Page| 4
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.
Planning Director, Isaac Williams provided an overview on the item.
Council provided discussion on the item.
Motion to approve with conditions outlined in the ordinance- Ensweiler; second by Rainey,
motion carried with all ayes.
ORDINANCE NO. 2025-2615
5.3 Discuss and consider the City of The Colony Proposed Preliminary Municipal Budget
2025-2026.
Assistant City Manager, Tim Miller provided an overview on the item.
Council provided discussion on the item.
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.
Assistant City Manager, Tim Miller provided an overview on the item.
The public hearing was opened and closed at 8:36 p.m.
Council provided discussion on the item.
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.
Assistant City Manager, Tim Miller provided an overview on the item.
The public hearing was opened and closed at 8:37 p.m.
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City Council – Regular Meeting Agenda
August 19, 2025
Page| 5
Council provided discussion on the item.
City Manager, Troy Powell thanked the team for their hard work on the budget.
Assistant City Manager, Tim Miller thanked the finance team and directors for all the hard
work on the budget.
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.
Executive Business Liaison, Jeremie Maurina provided an overview on the item.
Council provided discussion on the item.
Motion to approve - Wade; second by Rainey, motion carried with all ayes.
RESOLUTION NO. 2025-092
5.7 Discuss and appoint members to The Colony 50th Anniversary Planning Committee.
Council appointed the following individuals to the committee:
Councilmember Joel Marks and Judy Ensweiler; staff - Tim Miller, Tina Stewart, Megan
Charters, Bailey Cooper, Pamela Chesney, Danecia Gissendanner, Yolanda Murray,
Stephen Christo and Leigh Ann Nuckles; residents – Don Beckel, Janet Gadd, Angela
Hudson, Michael Bossert, Glen Morrow, Brian Fitzpatrick and Ray Reynolds.
Executive Session was convened at 8:49 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).
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.
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City Council – Regular Meeting Agenda
August 19, 2025
Page| 6
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.
Regular Session was reconvened at 9:47 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
B. Any action as a result of executive session regarding the evaluation, reassignment,
duties, discipline, or dismissal of the City Secretary.
Motion to approve with the addition of the severance agreement as discussed in executive
session- Wade; second by Ensweiler, motion carried with all ayes.
C. Any action as a result of executive session regarding the evaluation, reassignment,
duties, discipline, or dismissal of the City Manager.
Motion to approve with the amended contract as discussed in executive session- Wade; second
by Ensweiler, motion carried with all ayes.
ADJOURNMENT
With there being no further business to discuss, the meeting adjourned at 9:49 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
19
Agenda Item No: 4.2
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 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 suspend the September 17, 2025
effective date of the proposal of CoServ Gas Ltd. to implement interim GRIP rate adjustments. (Miller)
Background:
Attachments:
Res. 2025-xxx 2025 CoServ GRIP Suspension.doc
20
1
CITY OF THE COLONY, TEXAS
RESOLUTION NO 2025 - _____
A RESOLUTION BY THE CITY OF THE COLONY, TEXAS
SUSPENDING THE SEPTEMBER 17, 2025 EFFECTIVE DATE OF THE
PROPOSAL BY COSERV GAS, LTD. TO IMPLEMENT INTERIM
GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN
2024 AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE
COMPANY AND LEGAL COUNSEL.
WHEREAS, the City of The Colony, Texas (“City”) is a gas utility customer of CoServ
Gas, Ltd., (“CoServ” or “the Company”) and a regulatory authority with an interest in the rates
and charges of CoServ; and
WHEREAS, CoServ made filings with the City and the Railroad Commission of Texas
(“Railroad Commission”) on July 18, 2025, proposing to implement interim rate adjustments
(“GRIP Rate Increases”) pursuant to Texas Utilities Code § 104.301 on all customers served by
CoServ, effective September 17, 2025; and
WHEREAS, it is incumbent upon the City, as a regulatory authority, to examine the
GRIP Rate Increases to determine its compliance with the Texas Utilities Code.
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THAT:
1. The September 17, 2025 effective date of the GRIP Rate Increases proposed by
CoServ is hereby suspended for the maximum period allowed by Texas Utilities Code
§ 104.301(a) to permit adequate time to review the proposed increases, analyze all necessary
information, and take appropriate action related to the proposed increases.
2. A copy of this Resolution shall be sent to CoServ, care of Brent Bishop at 7701
South Stemmons Freeway, Corinth, Texas 76210, and to Thomas Brocato, legal counsel to the
City, at Lloyd Gosselink, 816 Congress Ave., Suite 1900, Austin, Texas 78701.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 2nd DAY OF SEPTEMBER 2025.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
21
2
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
______________________________________
Jeffrey L. Moore, City Attorney
22
Agenda Item No: 4.3
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 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 award a contract to Zone Industries,
LLC in the amount of $107,325.52 for the purchase and installation of a pump and motor, BuyBoard
Contract No. 770-25 at the Office Creek Water Treatment and Pump Station. (Arthur)
Background:
A larger pump is needed to increase water pumping capacity to the distribution system. The new pump
will replace 2,000 gallon per minute pump and 100-horsepower motor with a 350-horsepower and 6,500
gallon per minute pump. The new 350-horsepower motor will be a variable speed motor to regulate the
speed and control pump flow from 4,500 gallons per minute to 6,500 per minute. The larger pump and
variable speed give operations the flexibility to keep up with fluctuation in water demand and improve
pumping efficiency to the water distribution system.
Attachments:
Zone Industries Memo.pdf
Qte10018623 8-8-2025.pdf
4.3 Res. 2025-xxx Zone Industries LLC.docx
23
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 26, 2025
Subject: Office Creek Water Treatment and Pump Station New Pump
The current pump installed at the Office Creek Water Treatment and Pump Station does not
have the capacity to meet the increased demand we are currently experiencing or the future
demand we expect over the next few years as development continues. A larger pump with
increased volume is required to meet the increased pumping capacity and to provide the
required pressure to the distribution system. The new pump will replace the existing 100-
horsepower motor and a 2,000 gallon per minute pump with a 350-horsepower and 6,500 gallon
per minute pump. The new 350-horsepower motor will be a variable speed motor to regulate the
speed and to control pump flow from 4,500 gallons per minute to 6,500 per minute. The larger
pump and variable speed will give operations the flexibility to keep up with fluctuations in water
demand and will improve pumping efficiency to the water distribution system.
24
QUOTATION
10018623
ZONE INDUSTRIES, LLC
Order Date
Order Number
08/08/2025 11:56:45
Page
1 of 7
Quote Expires On: 09/07/2025
PO Box 73149
Houston, TX 77273
817-912-5151
cbrown@zoneindustries.com
Jared Lell
Email
Account Mgr
Email
Inside Sales Collin Brown
jlell@zoneindustries.com
Quote Number
See below
The Colony, TX 78934
Colony, City of
6800 Main St.
The Colony, TX 75056
Requested By: Jimmy Author
Customer ID:
6800 Main St.
City of The Colony
Bill To:Ship To:
Colony, City of
972-624-4431
12553
Job Name:
Ship Route Inside SalesPO Number
Main PS Splitcase rehab project COLLIN.BROWN
Item ID
Item DescriptionRemaining
Quantities
UOM
Disp.Unit Size
Pricing
UOM Unit
PriceUnit Size
Price
Extended
AllocatedOrdered
Delivery Instructions:FREIGHT INCLUDED
PUMP PACKAGE1.000.00 107,325.52EAEA1.00 107,325.52
1.0 1.0Pump Package Non-Skidded
Order Line Notes:Xylem e-XC12x16x17/350H6X4WN-GA1CC1G
Split case. 14.244 Trim Rated for 6500GPM @
72PSI.
Includes new pump, base, and 350HP 1800RPM
ODP motor.
Includes demo of old pump and base. Install new
grout base pad,
Install new fab steel base with pump and motor,
furnish new piping and pipe modifications for
new pump.
Includes start up after installation.
SUB-TOTAL:Total Lines:1 107,325.52
0.00TAX:
19.1.3681 - 09/23/19
25
QUOTATION
10018623
ZONE INDUSTRIES, LLC
Order Date
Order Number
08/08/2025 11:56:45
Page
2 of 7
Quote Expires On: 09/07/2025
PO Box 73149
Houston, TX 77273
817-912-5151
cbrown@zoneindustries.com
Jared Lell
Email
Account Mgr
Email
Inside Sales Collin Brown
jlell@zoneindustries.com
Quote Number
See below
Item ID
Item DescriptionRemaining
Quantities
UOM
Disp.Unit Size
Pricing
UOM Unit
PriceUnit Size
Price
Extended
AllocatedOrdered
U.S. Dollars
107,325.52AMOUNT DUE:
As the situation remains highly volatile, Zone Industries reserves the right to adjust the surcharge amount with notice on both new and
expired quotes. Zone Industries may increase or decrease the surcharge percentage in response to any future changes to U.S. tariffs.
Additional major risks include potential tariff hikes on China, as well as the reinstatement of tariffs on Mexico, Canada, and/or Europe,
should they be enforced.
19.1.3681 - 09/23/19
26
ZONE INDUSTRIES LLC - TERMS AND CONDITIONS
1. Construction and Legal Effect: Zone Industries, LLC shall hereinafter be referred to as “ZONE”, and the applicant shall be
referred to as “CUSTOMER.” The CUSTOMER desires to purchase goods and/or services (collectively, the “Goods”) from ZONE, and
CUSTOMER agrees in consideration thereof to be bound by the terms and conditions stated in this agreement. ZONE's sales to
CUSTOMER are limited to and expressly made conditional on CUSTOMER's assent to these Terms and Conditions (“Terms”). The
issuance of a purchase order by CUSTOMER or CUSTOMER's acceptance of the Goods and/or services or payment for the Goods
and/or services shall operate as acceptance by CUSTOMER of these Terms. ZONE hereby objects to any terms or conditions at
variance with, different from or additional to the Terms stated herein unless such terms and conditions are hereafter set forth in a writing
signed by ZONE. Anything herein to the contrary notwithstanding, no amendment to, or waiver, modification or deletion of, any of the
terms and conditions stated herein shall be deemed effective unless any such amendment, waiver, modification or deletion, as the case
may be, shall have been approved and accepted in writing by an officer of ZONE.
2. Credit: ZONE reserves the right to approve, approve with conditions or disapprove any request for extension of credit in
its sole discretion. Credit will be extended by ZONE to CUSTOMER based on the information provided in this application. CUSTOMER
agrees that any financial documents provided ZONE are true and correct. ZONE is authorized to check CUSTOMER’s credit
background. The amount of credit extended to CUSTOMER will be determined by ZONE and may vary from time to time. CUSTOMER
waives notice of any change in CUSTOMER's credit limit. All amounts charged to the open account are CUSTOMER's responsibility.
CUSTOMER agrees to pay any and all invoices, charges, fees and costs which CUSTOMER or any authorized person incurs on
CUSTOMER’s account. Unless CUSTOMER notifies ZONE in writing within five (5) days of any unauthorized use of CUSTOMER’s
credit account, CUSTOMER agrees that any other person who incurs charges on CUSTOMER’s account is authorized to do so.
Notwithstanding the foregoing, any and all contracts, certificates, invoices and other writings signed on behalf of CUSTOMER by any
employee of CUSTOMER shall be deemed to have been executed on behalf of CUSTOMER with full authority.
3. Payments: Payment of amounts due hereunder shall be made by CUSTOMER to ZONE net thirty (30) days after shipment
date. ZONE, at its sole discretion, may offer early payment discounts to customers based on the customer’s credit history and payment
history with ZONE. ZONE reserves the right at any time to alter or suspend credit, or to change credit terms provided herein, when in
its sole opinion CUSTOMER's financial condition so warrants. ZONE further reserves the right to amend the timing of payments if
necessary due to vendor payment requirements. All payments made by credit card shall be subject to a three percent (3%) processing
fee. Failure to pay an invoice at due date, at ZONE's election, makes all subsequent invoices immediately due and payable, irrespective
of terms, and ZONE may withhold all subsequent deliveries under all outstanding orders until full payment is received. Any payment
not made when due shall be subject to interest to be paid by CUSTOMER at the lesser of 1.5% per month or the highest rate permissible
under applicable law. CUSTOMER agrees to notify ZONE in writing, of any error in any invoice within ten (10) days after the date of
that invoice. If not so noticed, the invoice shall be deemed to be correct, and accepted as rendered. In the event of insolvency of
CUSTOMER, default in payment or repudiation by CUSTOMER, or any breach of the terms of this agreement, ZONE shall have the right
to stop delivery of the Goods and CUSTOMER shall be liable to ZONE for any and all liabilities incurred by ZONE as a result thereof
including, but not limited to liabilities to third parties, collection costs, attorneys' fees, and any associated costs incurred by ZONE.
4. Price: CUSTOMER shall purchase the Goods from ZONE at the price(s) (the “Price”) set forth in the purchase order or
invoice issued by ZONE. All Prices are exclusive of all Federal, State or local sales, use and excise taxes, and any other similar taxes,
duties and charges of any kind on any amounts payable by CUSTOMER. CUSTOMER shall be responsible for all such charges, costs,
and taxes; provided, that, CUSTOMER shall not be responsible for any taxes imposed on, or with respect to, ZONE’s income, revenue,
gross receipts, or commercial activity.
5. Progress Billing: When the CUSTOMER has agreed in writing that payment for Goods shall be made periodically
throughout a project, based on ZONE’s completion of predefined milestones as defined in the purchase order, ZONE shall invoice
CUSTOMER as the milestones are reached, and CUSTOMER shall pay the invoice within thirty (30) days after receipt of the invoice.
6. Tariffs: To the extent that any materials, equipment, or other components of the Goods are subject to any tariff that could
materially affect cost or shipping time, ZONE shall solely bear the risk of all tariffs that have been imposed by any governmental body
as of the date of CUSTOMER’s execution of these Terms and Conditions. CUSTOMER shall bear the cost and schedule risks
associated with tariffs that are adopted, increased, or imposed subsequent to the date of CUSTOMER’s execution of these Terms and
Conditions. With respect to any materials, equipment, or other components of the Work that may be impacted by tariffs, whether or not
adopted as of the date of CUSTOMER’s execution of these Terms and Conditions, ZONE shall investigate and advise the CUSTOMER
regarding potentially acceptable alternatives. ZONE shall notify CUSTOMER of any cost or schedule changes made necessary by the
adoption, increase, or imposition of any tariff through the issuance of an amended purchase order.
7. Action for Breach: Any action by CUSTOMER arising out of or relating to this agreement must be commenced within one
(1) year after the cause of action has accrued.
19.1.3681 - 09/23/19
27
8. Warranty and Limitation of Liability: ZONE warrants that all Goods delivered hereunder shall, for twelve (12) months from
startup of the Goods or eighteen (18) months from the date of receipt of the Goods by CUSTOMER, whichever comes first (the
“Warranty Period”), be (i) free from defects in workmanship and materials, (ii) free from defects in design except to the extent that such
goods comply with the detailed designs provided by the CUSTOMER; (iii) suitable for the purposes, if any, which are stated on the face
of the purchase order, and (iv) in conformity with all other requirements of the purchase order and the specifications for such Goods
that have been provided to ZONE. Provided that CUSTOMER gives written notice to ZONE within the Warranty Period, if Goods sold
hereunder are found to fail to meet the requirements set forth in this Article 8, demonstrated to ZONE’s satisfaction to have existed at
the time of departure from ZONE's plant, ZONE, reserving the right to inspect Goods, shall, at ZONE's option, repair or replace at
ZONE's expense the Goods determined by ZONE to be non-conforming. ZONE shall not be obligated to repair or replace Goods that
shall have been subjected to alteration, contamination, improper maintenance or storage, misapplication, misuse, negligence or accident
during or after shipment from ZONE's plant or to Goods to which CUSTOMER’s tests used an unrepresentative sample. The remedy set
forth in this Article 8 shall be the sole and exclusive remedy available to CUSTOMER for breach of warranty.
No employee or agent of ZONE is authorized to make any warranty, statement, promise or understanding other than that which is
specifically set forth in this Article 8. The provisions in any Technical Data sheet issued by ZONE or attached hereto are descriptive
only and are not warranties or representations.
THE WARRANTIES SET FORTH IN THIS ARTICLE 8 ARE THE ONLY WARRANTIES APPLICABLE TO THE GOODS AND SERVICES
SOLD HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY DISCLAIMED AND SHALL NOT
APPLY.
If the Goods sold hereunder are resold by CUSTOMER, without any alteration or processing by CUSTOMER or incorporation into any
of CUSTOMER’s products, CUSTOMER agrees to include in the agreement for resale provisions which limit recoveries against ZONE in
accordance with this Article 8.
In no event shall ZONE be liable for any direct, indirect, special, consequential or incidental damages under this agreement (including
but not limited to any such damages arising out of late, partial and/or non delivery, the sale, use, furnishing of Goods, or suitability for
general or particular use). CUSTOMER is solely responsible for determining suitability for use and ZONE shall in no event be liable in
this respect. The giving or failure to give advice, recommendations or safety warnings of any character by ZONE shall not impose any
liability upon ZONE.
Upon transfer of title to the Goods, ZONE agrees to assign to CUSTOMER any and all manufacturers’ warranties relating to materials
and labor used in production of the Goods and further agrees produce the Goods in such manner so as to preserve any and all such
warranties. ZONE further agrees to reasonably cooperate with CUSTOMER should ZONE’s assistance be required in connection with
the enforcement of such warranties.
Should CUSTOMER breach any of the duties and warranties set forth within this Article 8, CUSTOMER AGREES TO FULLY
INDEMNIFY, DEFEND AND HOLD ZONE HARMLESS from and against any and all liability, claims, and suits of any third party
including but not limited to employees or insurers of CUSTOMER, in any way, in whole or in part, alleged to have arisen out of exposure
to or use of Goods supplied by ZONE. Further, upon acceptance of Goods and services supplied by ZONE or in the absence of any
written notice of nonconformity of such Goods, CUSTOMER AGREES TO FULLY RELEASE, INDEMNIFY, DEFEND AND HOLD ZONE
HARMLESS from and against any and all liability, claims, and suits it may possess or that may be asserted against ZONE by any third
party (including but not limited to contractors, subcontractors or property owners who have purchased, installed or otherwise used
products or services of CUSTOMER or have had such products incorporated into their property or products, or insurers of any of such
parties or of the CUSTOMER) in any manner arising in whole or in part, out of the production, marketing, distribution, sale, installation,
use or deficiencies of any products of the CUSTOMER produced using the Goods supplied by ZONE. The provisions of this Article 8
shall survive the expiration, or earlier termination as provided herein, of this agreement.
9. Indemnity: CUSTOMER will release, hold harmless, indemnify and defend ZONE from any liability (including without
limitation liability for negligence or strict liability) claims, losses, suits and costs resulting from the design of Goods supplied by ZONE.
19.1.3681 - 09/23/19
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10. Delivery: Delivery and shipment dates are estimated dates only and are not guaranteed. In estimating such dates, no
allowance has been made nor shall ZONE be liable for any damages, losses, penalties, whether direct, indirect, special, incidental or
consequential, resulting from ZONE's failure or delay in performing, carriers’ failure or delay in performing or delays from labor
difficulties, shortages, strikes or stoppages of any sort, fires, accidents, failure or delay in obtaining Goods, acts of government
affecting ZONE directly or indirectly, bad weather, or any causes beyond ZONE's control, or causes designated as acts of God or force
majeure by any statute or court of law. In the event any failure or delay to ship Goods continues for a period of ninety consecutive
days, CUSTOMER may cancel its order for the subject Goods upon three days' written notice to ZONE.
11. Shipping: Unless CUSTOMER specifies otherwise in writing: (a) Goods will be shipped as ZONE may deem proper, and (b)
routing and manner of shipment will be at ZONE's discretion. If special routing instructions are given, CUSTOMER agrees to pay
additional handling and transportation charges, if any. Title and risk of loss passes to CUSTOMER upon delivery of the Goods to
CUSTOMER or when the Goods otherwise leave the care, custody and control of ZONE. CUSTOMER shall be solely responsible for
maintaining any insurance against loss or damage in shipment. ZONE shall not be liable for loss, damage, detention, delay or
completion of an order due to acts of God, acts of terrorism, war, riots, civil insurrection, strikes, work stoppages, fires, accidents, acts of
civil or military authority including governmental laws, embargoes, orders, priorities, or regulations, delay in transportation, shortages,
delay by suppliers of materials, or any other causes whatsoever beyond the reasonable control of ZONE.
12. Security Interest: ZONE reserves a purchase money security interest in the Goods sold hereunder and the proceeds
thereof, in the amount of the Price. In the event of default by CUSTOMER on any of its payment obligations to ZONE, ZONE will have
the right to repossess the Goods sold hereunder that have not been paid for without liability to CUSTOMER or any third party in
possession of such Goods, if not CUSTOMER. In such event, CUSTOMER agrees to make the Goods available to ZONE so that ZONE
can repossess them without a breach of the peace. This security interest will be satisfied by payment in full. ZONE may file a financing
statement to perfect ZONE’s security interest, provided that ZONE terminates any such financing statements once the Goods are paid
for. CUSTOMER shall cooperate fully with ZONE to execute such other documents and to accomplish such filings and/or recordings
thereof as ZONE may deem necessary for the protection of ZONE’s interests in the Goods furnished hereunder.
13. Termination: ZONE may by written notice to CUSTOMER terminate the whole or any part of this agreement in any one of
the following circumstances: (1) if CUSTOMER fails to remit payment within the time specified herein or any extension thereof
authorized by ZONE; or (2) if CUSTOMER fails to perform any of the other provisions of this agreement so as to endanger performance
of this agreement in accordance with its terms; or (3) if CUSTOMER becomes insolvent, or engages in any act which reasonably causes
the ZONE to deem itself insecure. ZONE shall not by reason of such termination be liable to CUSTOMER for any compensation,
reimbursement, or damages including, in particular, but not limited to any direct, indirect, special, incidental or consequential damages or
losses whatsoever, on account of expenditures, investments, or commitments.
14. Cancellations: CUSTOMER may not cancel any order of Goods without ZONE’s express, written consent. Immediately
upon the cancellation of an order, ZONE shall stop all performance hereunder and CUSTOMER must pay to ZONE an amount equal to
those reasonable and documented costs incurred by ZONE prior to cancellation plus a cancellation fee equal to 25% of the purchase
price; provided, however, that the above amount plus any prior payments shall in no event exceed the purchase price of the Goods. All
Goods completed or partially completed prior to cancellation shall become the property of CUSTOMER, or at CUSTOMER’s option, the
salvage value of the Goods may be deducted from the amount due ZONE by reason of the cancellation. Unused Goods, processed
material or specially manufactured Goods not normally carried in ZONE’s inventory may not, under any circumstances, be returned for
salvage value.
15. Assignment: The rights and obligations of CUSTOMER hereunder may not be assigned without the prior written consent
of ZONE. Any purported assignment without ZONE’s prior written consent shall be void and of no force and effect.
16. Non-Waiver: Any failure by ZONE to require full payment or strict performance by CUSTOMER of any of the provisions
herein or to exercise any right or remedy hereunder, shall not waive or diminish ZONE's right thereafter to demand strict compliance
therewith or with any other provision or to exercise any such right or remedy. Waiver of any default shall not waive any other default.
17. Applicable Law: This agreement shall be governed by and construed under the laws of the State of Texas, notwithstanding
the principles, if any, that would otherwise govern the choice of applicable law. If legal action is brought to enforce this agreement,
Harris County, Texas, shall be the exclusive jurisdiction and legal venue for said action, unless ZONE initiates said legal action is
brought to enforce statutory remedies (such as mechanic’s lien, stop notices, payment bonds, etc.) in connection with a debt incurred
by CUSTOMER; in such case, the jurisdiction and legal venue will be determined by the requirements of the Texas Civil Code or Code of
Civil Procedure in order for ZONE to enforce such statutory rights
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18. Claims: It shall be the duty of CUSTOMER to thoroughly inspect the Goods purchased from ZONE. All claims of any
nature relating to the Goods subject to this agreement, including but not limited to claims of defect in Goods, non-conformity or
discrepancy in quantity or delivery date, shall be made in writing to ZONE within fifteen (15) days of receipt of such Goods by
CUSTOMER. Failure to make any such written claim within the above-prescribed period shall constitute waiver of any such claims and
shall be deemed acceptance of such Goods, quantities or delivery dates.
19. Nondisclosure: In consideration of the disclosure of Proprietary and Confidential information by the parties to each other,
both parties agree that the information relating to requirements, processes, specifications, schedules, materials, financial data and
pricing exchanged between parties is hereby designated as Proprietary and Confidential whether disclosed orally or disclosed or
accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential" in
connection with this Sales and may not be disclosed or copied unless authorized in advance by the other party in writing. Upon
request, each party shall promptly return all Proprietary and Confidential materials received from the other party. Either party shall be
entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain;
(b) known to the other party at the time of disclosure; or (c) rightfully obtained by the other on a nonconfidential basis from a third
party.
20. Force Majeure: ZONE will not be liable for failure in the performance of any of its obligations caused by accidents, labor
disputes, shortages of labor, materials, fuel or power, or fires, floods or other acts of God, acts or omissions of CUSTOMER, priorities
required, requested, or granted for the benefit of the national or any local government, restrictions imposed by national or local
legislation or regulations, or any cause, whether similar or dissimilar to those enumerated in this section, including without limitation
cease of production/operation by a vendor or other company due to economic hardship, which is beyond the control of ZONE.
21. Intellectual Property: ZONE shall retain sole ownership of all right, title, and interest in and to all its intellectual property,
including, without limitation, ideas, methods, trademarks, service marks, trade names, symbols, logos, copyrights, patents, trade secrets,
and know-how (collectively, the “Intellectual Property”), and no licenses to any Intellectual Property are created hereunder.
22. Relationship of the Parties: The relationship between ZONE and CUSTOMER is that of independent contractors. Nothing
contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise,
employment, or fiduciary relationship between the ZONE and CUSTOMER.
23. Authorized Representative: CUSTOMER hereby represents and warrants that its signatory to these Terms is a duly
authorized representative with the authority to bind CUSTOMER to these Terms.
24. Electronic Signatures: An “electronic signature” is any electronic symbol or process attached to or logically associated
with a document sent by electronic transmission and executed or adopted by a person with the intent to sign such document. The use
of electronic signatures (including, without limitation, through DocuSign and Adobe Sign) to execute these Terms shall be of the same
legal effect, validity and enforceability as a manually executed signature to the fullest extent permitted by Texas law or other applicable
law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.
25. Acceptance / Enforceability of Copies: CUSTOMER agrees that ZONE may, at ZONE’S sole discretion, accept, utilize and
rely upon a facsimile copy or photocopy of this agreement and the foregoing Continuing Personal Guaranty or Corporate Guaranty, in
lieu of an original document. CUSTOMER acknowledges that, by transmitting a facsimile copy, electronic copy or photocopy of this
document to ZONE, CUSTOMER, and the Guarantor (if applicable), agree to be bound by the terms and conditions contained in this
document to the same extent as if an original were transmitted to ZONE. CUSTOMER, and Guarantor (if applicable), consent to ZONE’s
use of this document and waive any right to object to the use of a copy in place of the original and any right to require Seller to
subsequently produce an original document. This Credit Application and Agreement cannot be altered, amended, revised, or otherwise
modified unless an officer of ZONE provides prior written consent thereto.
By signing and returning this Credit Application and Agreement, CUSTOMER certifies and agrees as follows: (i) The information
contained herein is true and correct; (ii) CUSTOMER authorizes ZONE, at any time and from time to time so long as CUSTOMER does
business with ZONE, to obtain credit reports about CUSTOMER and to obtain credit information from banks or others with whom
CUSTOMER has dealt. CUSTOMER authorizes all references named herein to release credit information to ZONE. The authorized
individual signing on behalf of CUSTOMER, recognizing that his or her individual credit history may be a factor in evaluation of the
credit history of the CUSTOMER, hereby consents to and authorizes the use of a consumer credit report on such individual, from time
to time, so long as CUSTOMER does business with ZONE; (iii) CUSTOMER agrees to furnish such additional information as ZONE may
request to warrant future extensions of credit or to enable ZONE to perfect liens or to recover upon any bond issued for its protection;
(iv) CUSTOMER agrees that all purchases will be made under the Terms and Conditions set out herein; and (v) CUSTOMER agrees that
ZONE may, for any reason and at any time, elect to terminate any credit that is extended to the CUSTOMER or modify the conditions
under which credit is to be extended. OFFICER, AUTHORIZED AGENT OR OWNER SIGNATURE IS REQUIRED.
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CUSTOMER:
Print Name:
Signature:
Title:
Date:
19.1.3681 - 09/23/19
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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 AWARD
A CONTRACT TO ZONE INDUSTRIES, LLC FOR THE PURCHASE AND
INSTALLATION OF A PUMP AND MOTOR AT THE OFFICE CREEK
WATER TREATMENT AND PUMP STATION; 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 award a contract to Zone Industries, LLC in the amount of $107,325.52 for the purchase
and installation of a pump and motor, BuyBoard Contract No. 770-25 at the Office Creek Water
Treatment and Pump Station.
Section 2. That the City Manager and/or his designee are authorized to award the contract.
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 2nd DAY OF SEPTEMBER 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
32
Agenda Item No: 5.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 2025
Submitted By: Ana Alvarado
Submitting Department: Planning
Item Type: Discussion
Agenda Section: regular agenda items
Suggested Action:
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix A,
Section 10 of the Code of Ordinances of the City of The Colony, Texas, amending Section 10-200,
entitled "Schedule of Uses by District," by removing "Home Occupation" and replacing it with a new land
use entitled "No-Impact Home-Based Business"; amending Appendix A, Section 10-300, entitled
"definitions and explanations applicable to use schedule" by removing subsection (14), definition for
"home occupation" and adding a new definition entitled "No-Impact Home-Based Business"; and
amending Appendix A by adding a new section 10-1386, entitled "Home-Based Business Regulations."
(Williams)
Background:
Attachments:
SI25-0004 CC Staff Report Ordinance amendment Home Based Business HB 2464.doc
Ord. 2025-xxxx home occupation home based business amendment.docx
33
1
CITY COUNCIL REPORT
AGENDA DATE: September 2, 2025
DEPARTMENT: Planning and Development Department
SUBJECT: SI25-0004 Home Based Businesses- Zoning Text Amendment
Conduct a public hearing, discuss an ordinance regarding amendments to Appendix A, Section 10
of the Code of Ordinances of the city of The Colony, Texas, amending Section 10-200, entitled
"Schedule of Uses by District,” by removing “Home Occupation” and replacing it with a new
land use entitled “No-Impact Home-Based Business”; amending Appendix A, Section 10-300,
entitled “definitions and explanations applicable to use schedule” by removing subsection (14),
definition for “home occupation” and adding a new definition entitled “no-impact home-based
business”; and amending appendix a by adding a new section 10-1386, entitled “home-based
business regulations”
BACKGROUND
In the 2025 Texas Legislative Session, the Texas Legislature approved H.B. 2464, an act
relating to the authority of a municipality to regulate a home-based business.
In summary this land use bill addresses the following:
“(1) defines a “home-based business” (HBB) as a business that is operated:
(a) from a residential property;
(b) by the owner or tenant of the property; and
(c) for the purpose of manufacturing, providing, or selling a lawful good or providing a
lawful service;
(2) defines a “no-impact-home-based-business” (NIHBB) as a HBB that:
(a) has at any time on the property where the business is operated a total number of
employees and clients or patrons of the business that does not exceed the city’s occupancy
limit for the property;
(b) does not generate on-street parking or a substantial increase in traffic through the
area; (c) operates in a manner in which none of its activities are visible from a street; and
(d) does not substantially increase noise in the area or violate a municipal noise
ordinance, regulation, or rule;
(3) provides that a city council may not adopt or enforce an ordinance, regulation, or other
measure that:
(a) prohibits the operation of a NIHBB;
(b) requires a person that owns or operates a NIHBB to obtain a license, permit, or other
approval to operate; or
(c) requires a person that owns or operates an HBB to rezone the property for a non-
residential use or install a fire sprinkler protection system if the residence where the
business is operated consists only of a single-family detached residential structure or a
multi-family residential structure with not more than two residential units;
34
2
(4) provides that, subject to (2), above, a city may:
(a) require that a HBB comply with federal, state, and local law, including a city fire and
building code or city regulation related to health and sanitation, transportation or traffic
control, solid or hazardous waste, or pollution and noise control;
(b) require that a HBB be compatible with the residential use of the property where the
business is located;
(c) require that a HBB be secondary to the use of the property as a residential dwelling;
and
(d) limit or prohibit the operation of a HBB that sells alcohol or illegal drugs, is a
structure sober living home, or is a sexually oriented business;
(5) provides that a person is not prohibited from enforcing a rule or deed restriction imposed by a
homeowners’ association or by other private agreement; and
(6) provides that a municipality is not prohibited from adopting or enforcing an ordinance
regulating the operation of a short-term rental unit.”
Staff and the City Attorney’s office recommend amendments to Appendix A of the Code of
Ordinances of the City of The Colony, Texas.
PROPOSED AMENDMENTS
Appendix A, will contain the following amendments and additions
Section 10-200
SF D TH M1 M2 M3 M4 MH PD A P O1 O2 NS SC GR LC HC I BP
14
No-
Impact
Home-
Based
Business
N N N N N S N N N N N
“Section 10-300- Definitions
“(223) No-Impact Home-Based Business: Means a home-based business that; (1) has, at any time,
a combined total of employees, clients, and patrons on the property that does not exceed
the City’s adopted occupancy limit; (2) does not generate on-street parking or a substantial
increase in local traffic; and (3) conducts all activity so that it is not visible from any
street. The term “home-based business” means a business that is: (A) operated from a
residential property; (B) by the owner or tenant of that property; and (C) engaged in the
lawful manufacture, provision, or sale of goods or services.”
And
“10-1386. No-Impact Home-Based Business.
35
3
A no-impact home-based business is a permitted accessory use in any dwelling unit in all
zoning districts and does not require any license, permit, or rezoning from the City provided the
following:
(1) Must comply with all applicable building, fire, health, sanitation, noise, traffic, solid - or
hazardous-waste, and pollution regulations adopted by the City, State, or Federal
government.
(2) Must remain secondary and clearly compatible with the residential character of the
dwelling.
(3) The City may limit or prohibit a home-based business that sells alcohol or illegal drugs;
operates as a structured sober-living home; or meets the definition of a “sexually oriented
business” as defined in section 243.002 of the Texas Local Government Code, and Article
XII of The Colony Code of Ordinances.
(4) The City shall not require installation of a fire-sprinkler system for a home-based business
located in (i) a single-family detached residence or (ii) a multi-family structure with no
more than two dwelling units.
(5) If a proposed home-based business fails any element of the “no-impact” definition, the
operator must obtain an Administrative Use Permit. The Director may impose reasonable
conditions (hours of operation, parking management plans, etc.) consistent with section
229.902(c) of the Texas Local Government Code, as amended.
(6) Nothing in this section alters or supersedes homeowners-association covenants or other
private deed restrictions.”
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the City Council meeting for text amendments. Notice for this Public Hearing was published in
The Dallas Morning News on August 15, 2025. No comments, either for or against the text
amendment, were received as of the printing of this packet.
ATTACHMENTS
1. Proposed Ordinance
36
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2025-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING APPENDIX A, SECTION 10 OF THE
CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
AMENDING SECTION 10-100, ENTITLED "SCHEDULE OF USES BY
DISTRICT,” BY REMOVING “HOME OCCUPATION” AND REPLACING
IT WITH A NEW LAND USE ENTITLED “NO-IMPACT HOME-BASED
BUSINESS”; AMENDING APPENDIX A, SECTION 10-300, ENTITLED
“DEFINITIONS AND EXPLANATIONS APPLICABLE TO USE
SCHEDULE” BY REMOVING SUBSECTION (14), DEFINITION FOR
“HOME OCCUPATION” AND ADDING A NEW DEFINITION ENTITLED
“NO-IMPACT HOME-BASED BUSINESS”; AND AMENDING APPENDIX
A BY ADDING A NEW SECTION 10-1386, ENTITLED “HOME-BASED
BUSINESS REGULATIONS”; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, HB 2464 (2025) added Section 229.902 of the Texas Local Government
Code and pre-empts certain municipal regulations of home-based businesses; and
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, Section 10 should be amended by amending Section 10-100, entitled “Schedule of
Uses by District” by removing “home occupation” from the schedule of uses and replacing it
with a new land use entitled “No-Impact Home Based Business”; and
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, Section 10 should be amended by amending Section 10-300, entitled “Definitions
and explanations applicable to use schedule” by removing the definition of “(14) home
occupation” and adding a new definition entitled “(223) No-Impact Home-Based Business”; and
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, Section 10 should be amended by adding a new Section 10-1386 by establishing
home-based business regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Appendix A, Section 10-100 entitled “Schedule of Uses by
District” by amending or adding uses for home-based business as attached hereto as Exhibit A,
and is incorporated herein for all purposes, and removing subsection (14) entitled “home
37
occupation” from the Schedule of Uses by District.
SECTION 3. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Appendix A, Section 10-300 entitled “Definitions and
explanations applicable to use schedule,” by removing subsection (14) “Home Occupation”; and
adding a new definition to the land use entitled “(223) No-Impact Home-Based Business” which
shall read as follows:
“(223) No-Impact Home-Based Business: Means a home-based business that; (1) has, at any time,
a combined total of employees, clients, and patrons on the property that does not exceed
the City’s adopted occupancy limit; (2) does not generate on-street parking or a substantial
increase in local traffic; and (3) conducts all activity so that it is not visible from any street.
The term “home-based business” means a business that is: (A) operated from a residential
property; (B) by the owner or tenant of that property; and (C) engaged in the lawful
manufacture, provision, or sale of goods or services.”
SECTION 4. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby adding Appendix A, Section 10-1386 entitled “Home-based Business regulations,”
which shall read as follows:
“10-1386. No-Impact Home-Based Business.
A no-impact home-based business is a permitted accessory use in any dwelling unit in all
zoning districts and does not require any license, permit, or rezoning from the City provided the
following:
(1) Must comply with all applicable building, fire, health, sanitation, noise, traffic, solid- or
hazardous-waste, and pollution regulations adopted by the City, State, or Federal
government.
(2) Must remain secondary and clearly compatible with the residential character of the
dwelling.
(3) The City may limit or prohibit a home-based business that sells alcohol or illegal drugs;
operates as a structured sober-living home; or meets the definition of a “sexually oriented
business” as defined in section 243.002 of the Texas Local Government Code, and Article
XII of The Colony Code of Ordinances.
(4) The City shall not require installation of a fire-sprinkler system for a home-based business
located in (i) a single-family detached residence or (ii) a multi-family structure with no
more than two dwelling units.
(5) If a proposed home-based business fails any element of the “no-impact” definition, the
operator must obtain an Administrative Use Permit. The Director may impose reasonable
conditions (hours of operation, parking management plans, etc.) consistent with section
229.902(c) of the Texas Local Government Code, as amended.
38
(6) Nothing in this section alters or supersedes homeowners-association covenants or other
private deed restrictions.”
SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 5. Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 2nd DAY OF SEPTEMBER 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
39
Exhibit A
[Use Chart]
SF D TH M1 M2 M3 M4 MH PD A P O1 O2 NS SC GR LC HC I BP
14
No-
Impact
Home-
Based
Business
N N N N N S N N N N N
40
Agenda Item No: 5.2
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 2025
Submitted By: Ana Alvarado
Submitting Department: Planning
Item Type: Discussion
Agenda Section: regular agenda items
Suggested Action:
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix A,
Section 24 of the Comprehensive Zoning Code of the City of The Colony, Texas, entitled "Amendments"
subsection 24-101(g) to address notice requirements for public hearing. (Williams)
Background:
Attachments:
SI25-0003 CC Staff Report Ordinance amendment- zoning notification.doc
Ord. 2025-xxxx Zoning Amendment-Notification of Public Meetings.docx
41
1
CITY COUNCIL REPORT
AGENDA DATE: September 2, 2025
DEPARTMENT: Planning and Development Department
SUBJECT: SI25-0003 Notices for Public Hearing- Zoning Text Amendment
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix
A, Section 24 of the Comprehensive Zoning Code of the city of The Colony, Texas, entitled
"Amendments" subsection 24-101(g) to address notice requirements for public hearing.
BACKGROUND
In the 2025 Texas Legislative Session, the Texas Legislature approved H.B. 24, an act
relating to the authority and responsibility of a municipality to notice for zoning amendments and
protests.
In summary this land use bill addresses the following:
1. a protest of a proposed change to a zoning regulation or district boundary must be written
and signed by the owners of: (a) at least 20 percent of the area of the lots or land covered
by the proposed change; (b) except as provided by (c), below, at least 20 percent of the
area of the lots or land immediately adjoining the area covered by the proposed change
and extending 200 feet from that area; or (c) at least 60 percent of the area of the lots or
land immediately adjoining the area covered by the proposed change and extending 200
feet from that area if the proposed change: (i) has the effect of allowing more residential
development than the existing zoning regulation or district boundary; and (ii) does not
have the effect of allowing additional commercial or industrial uses, unless the additional
use is limited to the first floor of any residential development and does not exceed 35
percent of the overall development;
2. in computing the percentage of land under Number 1, above: (a) the area of streets and
alleys shall be included; and (b) the land area is not calculated individually for each tract
of land subject to the proposed change but in the aggregate for all tracts of land subject to
the change;
3. for a proposed change to a zoning regulation or district boundary that is protested under
Number 1, above, the proposed change must receive, in order to take effect, the
affirmative vote of at least: (a) three-fourths of all members of the governing body for a
protest described by Number 1(a) or (b), above; or (b) a majority of all members of the
governing body for a protest described by Number 1(c), above;
4. for a proposed zoning change, before the 15th day before the date of a required public
hearing, notice of the time and place of the public hearing must be published: (a) in an
official newspaper or a newspaper of general circulation in the city; and (b) on the city’s
internet website, if the city maintains one;
42
2
5. the term “proposed comprehensive zoning change” means a city proposal to: (a) change
an existing zoning regulation that: (i) will have the effect of allowing more residential
development than previously; and (ii) will apply uniformly to each parcel in one or more
zoning districts; (b) adopt a new zoning code or zoning map that will apply to the entire
city; or (c) adopt a zoning overlay district that: (i) will have the effect of allowing more
residential development than previously; and (ii) will include an area along a major
roadway, highway, or transit corridor;
6. only certain statutory notice provisions are required for a proposed comprehensive zoning
change;
7. a zoning change that has the effect of making residential development less restrictive than
the previous regulation is conclusively presumed valid and to have occurred in
accordance with all applicable statutes and ordinances if an action to annul or invalidate
the change has not been filed before the 60th day after the effective date of the change;
and
8. for a proposed change in zoning classification that does not apply to the whole city: (a)
the zoning commission of a home-rule city shall post a notice sign not later than the 10th
day before the date the zoning commission holds a hearing on a proposed change until the
date of a final determination on the proposed change by the city’s governing body; (b) the
sign must be at least 24 inches long by 48 inches wide and located either on: (i) the
property affected by the change; or (ii) a public right-of-way for a change initiated by the
city that affects multiple properties; and (c) the zoning commission may elect to provide,
maintain, and pay for a notice sign under this section or require an applicant for a change
in zoning classification to provide, maintain, and pay for the sign.
Staff and the City Attorney’s office recommend amendments to Appendix A of the Code of
Ordinances of the City of The Colony, Texas.
PROPOSED AMENDMENTS
Appendix A, will contain the following amendments and additions
“24-101. Procedure
(g) Upon filing an application for an amendment or change in the comprehensive plan, the
zoning ordinance, zoning districts and specific use permits, notification sign(s) will be
erected on said property. The following conditions pertain to the erection of said sign(s):
(1) The applicant shall erect one sign for each 400 feet of street frontage of the
property, with a minimum of two signs on each street frontage, except that no
applicant is required to erect more than 8 signs. If the property does not have street
frontage, the signs shall be placed upon the closest available right-of-way and upon
the property itself. The applicant shall erect the signs:
(A) Not later than the 10th day before the date the zoning commission holds a
hearing on a proposed change in zoning classification that does not apply to
the whole municipality and until the date of a final determination on the
43
3
proposed change by the governing body of the municipality, the zoning
commission shall post a notice sign in accordance with this section on:
(1) the property affected by the change; or
(2) a public right-of-way for a change initiated by the municipality that
affects multiple properties.
(B) The notice sign must be at least 24 inches long by 48 inches wide.
(C) The zoning commission may elect to provide, maintain, and pay for a
notice sign under this section or require an applicant for a change in zoning
classification to provide, maintain, and pay for the sign.
(D) Notice requirements prescribed under this section are in addition to notice
required by Section 211.007 of the Texas Local Government Code, as
amended.
(2) Said sign(s) will be provided by the planning department to the applicant at the
time of application submittal. A $150.00 security deposit is required at the time of
application. The deposit shall be refunded to the applicant if the signs are returned
to the planning department no later than five working days after final action has
been taken by the city council.
(3) The planning and zoning commission shall make a determination, based upon
evidence presented at the public hearing, as to whether the intent of this ordinance
has been met and the applicant has made a good faith effort to erect and maintain
the signs. In the event the applicant fails to erect and maintain said signs in
accordance with the provisions of this ordinance, the public hearing before the
planning and zoning commission may be postponed to a future date so as to allow
time for compliance.”
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the City Council meeting for text amendments. Notice for this Public Hearing was published in
The Dallas Morning News on August 15, 2025. No comments, either for or against the text
amendment, were received as of the printing of this packet.
44
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2025 -_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING APPENDIX A, SECTION 24 OF THE
COMPREHENSIVE ZONING CODE OF THE CITY OF THE COLONY,
TEXAS, ENTITLED “AMENDMENTS” BY AMENDING SUBSECTION
24-101(G) TO ADDRESS NOTICE REQUIREMENTS FOR PUBLIC
HEARINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in the 2025 Texas legislative session, the Texas Legislature approved H.B. 24
(2025), which amended Chapter 211 of the Texas Local Government Code to address notice
requirements for certain zoning changes in home-rule municipalities; and
WHEREAS, the City Council of the City of The Colony, Texas, has determined that the
following regulation is necessary in order to protect public health, safety, and welfare.
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 Appendix A, Section 24 of the Comprehensive Zoning Code of the
City of The Colony, Texas, entitled “Amendments,” is hereby amended by amending subsection
(g) which shall read as follows:
“24-101. Procedure
(g) Upon filing an application for an amendment or change in the comprehensive plan, the
zoning ordinance, zoning districts and specific use permits, notification sign(s) will be
erected on said property. The following conditions pertain to the erection of said sign(s):
(1) The applicant shall erect one sign for each 400 feet of street frontage of the property,
with a minimum of two signs on each street frontage, except that no applicant is
required to erect more than 8 signs. If the property does not have street frontage,
the signs shall be placed upon the closest available right-of-way and upon the
property itself. The applicant shall erect the signs:
(A) Not later than the 10th day before the date the zoning commission holds a
hearing on a proposed change in zoning classification that does not apply to
the whole municipality and until the date of a final determination on the
proposed change by the governing body of the municipality, the zoning
commission shall post a notice sign in accordance with this section on:
45
(1) the property affected by the change; or
(2) a public right-of-way for a change initiated by the municipality that
affects multiple properties.
(B) The notice sign must be at least 24 inches long by 48 inches wide.
(C) The zoning commission may elect to provide, maintain, and pay for a notice
sign under this section or require an applicant for a change in zoning
classification to provide, maintain, and pay for the sign.
(D) Notice requirements prescribed under this section are in addition to notice
required by Section 211.007 of the Texas Local Government Code, as
amended.
(2) Said sign(s) will be provided by the planning department to the applicant at the time
of application submittal. A $150.00 security deposit is required at the time of
application. The deposit shall be refunded to the applicant if the signs are returned
to the planning department no later than five working days after final action has
been taken by the city council.
(3) The planning and zoning commission shall make a determination, based upon
evidence presented at the public hearing, as to whether the intent of this ordinance
has been met and the applicant has made a good faith effort to erect and maintain
the signs. In the event the applicant fails to erect and maintain said signs in
accordance with the provisions of this ordinance, the public hearing before the
planning and zoning commission may be postponed to a future date so as to allow
time for compliance.”
SECTION 3. It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the
same would have been enacted by the City Council without the incorporation of this Ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4. 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. This Ordinance shall become effective upon its passage.
46
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 2nd DAY OF SEPTEMBER 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
47
Agenda Item No: 5.3
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 2025
Submitted By: Ana Alvarado
Submitting Department: Planning
Item Type: Discussion
Agenda Section: regular agenda items
Suggested Action:
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix B of
the Code of Ordinances of the City of The Colony entitled "Subdivision Ordinance," by adding a new
section 8.5 entitled "Vacating Plat" and by establishing the requirements for vacating a plat. (Williams)
Background:
Attachments:
SI25-0007 CC Staff Report Ordinance amendment- Plat Vaction.doc
Ord. 2025-xxxx Subdivision Ordinance Amendment-Vacating Plat.docx
48
1
CITY COUNCIL REPORT
AGENDA DATE: September 2, 2025
DEPARTMENT: Planning and Development Department
SUBJECT: SI25-0007 Vacate Plat- Zoning Text Amendment
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix
B of the Code of Ordinances of the city of The Colony entitled "Subdivision Ordinance," by
adding a new section 8.5 entitled "Vacating Plat" and by establishing the requirements for
vacating a plat.
BACKGROUND
Section 212.013 of the Texas Local Government Code provides the authority for the City of The
Colony, Texas, to vacate a plat and reads as follows:
Sec. 212.013. VACATING PLAT.
(a) The proprietors of the tract covered by a plat may vacate the plat at any time
before any lot in the plat is sold. The plat is vacated when a signed,
acknowledged instrument declaring the plat vacated is approved and recorded
in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be
vacated on the application of all the owners of lots in the plat with approval
obtained in the manner prescribed for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word "Vacated"
and shall enter on the plat a reference to the volume and page at which the
vacating instrument is recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat has no
effect.
PROPOSED AMENDMENTS
Appendix B, will contain the following amendments and additions
“Sec. 8.5. Vacating Plat.
(a) The owners of the tract covered by a plat may vacate the plat at any time before any lot in
the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the
plat vacated is approved and recorded in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the
application of all the owners of lots in the plat with approval obtained in the manner
prescribed for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word “Vacated” and shall enter
on the plat a reference to the volume and page at which the vacating instrument is
recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat has no effect.
49
2
(e) The vacating plat shall be considered, approved and/or recorded in the same manner
prescribed for the original plat.”
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the City Council meeting for text amendments. Notice for this Public Hearing was published in
The Dallas Morning News on August 15, 2025. No comments, either for or against the text
amendment, were received as of the printing of this packet.
ATTACHMENTS
1. Proposed Ordinance
50
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2025 - ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING APPENDIX B OF THE CODE OF
ORDINANCES ENTITLED “SUBDIVISION ORDINANCE,” BY ADDING
A NEW SECTION 8.5 ENTITLED “VACATING PLAT” BY
ESTABLISHING THE REQUIREMENTS FOR VACATING A PLAT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 212.013 of the Texas Local Government Code provides the authority
for the City of The Colony, Texas, to vacate a plat and reads as follows:
Sec. 212.013. VACATING PLAT.
(a) The proprietors of the tract covered by a plat may vacate the plat at any time
before any lot in the plat is sold. The plat is vacated when a signed,
acknowledged instrument declaring the plat vacated is approved and recorded
in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated
on the application of all the owners of lots in the plat with approval obtained
in the manner prescribed for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word "Vacated"
and shall enter on the plat a reference to the volume and page at which the
vacating instrument is recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat
has no effect.
WHEREAS, the City Council of the City of The Colony, Texas, has determined that the
following regulation is necessary in order to protect public health, safety, and welfare and is consistent
with Section 212.013 of the Texas Local Government Code.
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 Appendix B, of the Code of Ordinances of the City of The Colony,
Texas, entitled “Subdivision Ordinance,” is hereby amended by adding a new Section 8.5, entitled
“Vacating Plat” which shall read as follows:
51
Page 2
“Sec. 8.5. Vacating Plat.
(a) The owners of the tract covered by a plat may vacate the plat at any time before any lot in the
plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat
vacated is approved and recorded in the manner prescribed for the original plat.
(b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the
application of all the owners of lots in the plat with approval obtained in the manner prescribed
for the original plat.
(c) The county clerk shall write legibly on the vacated plat the word “Vacated” and shall enter on
the plat a reference to the volume and page at which the vacating instrument is recorded.
(d) On the execution and recording of the vacating instrument, the vacated plat has no effect.
(e) The vacating plat shall be considered, approved and/or recorded in the same manner
prescribed for the original plat.”
SECTION 3. It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the
same would have been enacted by the City Council without the incorporation of this Ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4. 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. Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 2nd DAY OF SEPTEMBER 2025.
52
Page 3
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
53
Agenda Item No: 5.4
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 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
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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
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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.
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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.
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MEALS ON WHEELS TEAM
Our Site Managers are our direct link to
the community.
They provide the following for our
volunteers:
-Scheduling
-Training
-Support
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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.
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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
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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
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FY 2026 APPROVED
TRIP PURPOSES:
•Non-emergency medical trips
•Shopping for Necessities
•Seniors in Motion
•Employment
•Life Skills Programs
•Nutrition
•Public Libraries
•Education
•Recreation
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YTD FY25 Trip
County By Purpose
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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
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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
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•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
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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
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Questions/Contact
span@span-transit.org
(940) 382-2224
https://span-transit.org/
1800 Malone St. Denton, TX 76201
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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]
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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
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SERVICE AGREEMENT
EXHIBIT A
SERVICE AREA
All of Denton County.
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SERVICE AGREEMENT
EXHIBIT B
TRANSPORTATION POLICIES AND PROCEDURES
Attached as a separate document, which may be amended from time to time.
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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 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 2nd DAY OF SEPTEMBER 2025.
__________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, CMC, City Secretary
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APPROVED AS TO FORM:
__________________________________
Jeffrey L. Moore, City Attorney
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Agenda Item No: 5.5
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 2025
Submitted By: Ana Alvarado
Submitting Department: Finance
Item Type: Ordinance
Agenda Section: regular agenda items
Suggested Action:
Discuss and consider approving a resolution authorizing the City Manager to approve an amendment to
the City's Finance Policy Number 100.07 - Purchasing. (Oerum)
Background:
This past Texas State legislative session, the Senate passed TSB 1173. SB 1173 seeks to modernize
and streamline local government procurement processes in Texas by raising the monetary threshold at
which competitive procurement methods are required. Specifically, it amended the Texas Education
Code and Local Government Code to increase the required competitive bidding threshold from $50,000
to $100,000 for school districts and municipalities. This change means that purchases or contracts for
goods and services valued below $100,000 may be executed without the need for formal competitive
bidding processes, allowing for greater flexibility and faster procurement for routine or lower-cost
transactions. The bill also updates requirements related to outreach to Historically Underutilized
Businesses (HUBs). Currently, municipalities must contact at least two HUBs for expenditures between
$3,000 and $50,000. SB 1173 raises the upper limit of this range to $100,000, ensuring that HUB
outreach remains consistent with the new procurement threshold. This ensures that small and minority-
owned businesses still have opportunities to participate in municipal contracts, even as formal
procurement rules are eased for moderately sized expenditures. It is management’s desire to update
the current purchasing policy reflect the new Legislative action. In addition, the department is adding a
new contracting section to ensure that all vendors that do work for the city have a clear set of work
defined and have a legal document outlines the responsibilities of the vendor and the city and sets the
rules to resolve any disputes that may arise in work performed or payment. Attached to this item is a
descriptive memo outlining the changes and a redline version of the edited Finance Policy to show you
the proposed changes to the policy.
Attachments:
Memo to Council - Purchasing - Policy Change - Threshold and Contracting - SB1173.docx
Finance Policy Manual_Final_Word.docx
Res. 2025-xxx Adopting Revised Purchasing Policy Manual.docx
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Memo
To: Mayor and City Council
From: Joe Oerum, Purchasing Manager
CC: Troy Powell, City Manager
Tim Miller, Asst, City Manager
Date: August 22nd, 2025
RE: Finance Department Policy Update – Section 100.07 – Purchasing
It is management’s desire to update the current purchasing policy reflect the new Legislative action. In
addition, the department is adding a new contracting section to ensure that all vendors that do work for
the city have a clear set of work defined and have a legal document outlines the responsibilities of the
vendor and the city and sets the rules to resolve any disputes that may arise in work performed or
payment.
The proposed updates to the City of The Colony Purchasing Policy to align with recent legislative
changes and strengthen contract oversight. Specifically:
1. Adopt the new formal competitive bidding threshold of $100,000 in accordance with Texas
Senate Bill 1173 (raising the limit from $50,000).
2. Approve and implement the new Contract Administration section, requiring fully executed
contracts for all services regardless of dollar amount, except when a service is determined to be
low risk based on liability and risk tolerance considerations. This provision will establish clear
scope of work, manage legal and financial exposure, and ensure compliance with applicable
laws.
The primary policy update reflects statutory changes enacted through SB 1173, which amended the
Texas Local Government Code to increase the dollar threshold requiring formal bidding from $50,000 to
$100,000. This adjustment allows municipalities to process mid-range purchases more efficiently while
still ensuring competitive pricing and compliance with procurement law.
In addition, the policy now includes a dedicated Contract Administration section. This provision
mandates that contracts are required for all services without regard to cost; however, not all
procurements will require a contract when the service is determined to be low risk. The intent is to
establish clear standards of performance, manage legal and financial risks, and ensure the City’s
interests are protected through proper insurance and indemnification requirements.
These updates modernize the City’s purchasing processes, ensure statutory compliance, and enhance
oversight of service engagements.
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City of The Colony Finance Department
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PURCHASING
POLICY
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City of The Colony Finance Department
6800 Main Street, The Colony, TX 75056 • 972-624-3145
Policy Number and Title: 100.07 Purchasing
Policy Section and Chapter: Finance – Purchasing
Policy Type: Policy with Admin Procedures
Last Revision Date: 04/30/2024
Purchasing Policies, Objectives and Ethics
The purpose of this policy is to establish standard practices and procedures to create an efficient and
effective purchasing program for the City of The Colony. Purchasing is activity which obtains needed
goods or services and replenishes supplies. Purchasing starts with some recognition of needs for goods
and services. The policy and procedures governing the purchasing and accounting of the goods and
services of a municipality can be numerous and often complex. The reason for this policy is to provide
staff with a guide to what to do in all purchasing situations they are most likely to encounter. It is then
the responsibility of the Purchasing Manager to obtain the best value for goods and services in the
proper quantity, at the most economical price.
This policy will point out what basic policies are best suited for the needs of the City of The Colony.
From time to time, there will be changes necessary and as they occur, and updated in this manual. The
policy intended to promote the best interest of the citizens of the City of The Colony. It is important to
remember City purchasing operates in full view of the public. Its purpose to provide guidance and
instruction for all employees new to the purchasing process, as well as a reference for staff and
management.
City of The Colony intends to maintain a cost-effective purchasing system conforming to good
management practices. To be successful, the system must be backed by proper attitudes and
cooperation of not only every department head and official, but also every supervisor and employee of
the City of The Colony. The establishment and maintenance of a good purchasing system is possible
only through cooperative effort.
The purchasing process is not instantaneous. Time is required to complete the steps required by
Federal and State law and City policy. In order to accomplish the timely purchase of products and
services at the least cost to the City of The Colony, all departments must cooperate fully. Prior planning
and timely submission of requisitions is essential to expedite the purchasing process and to ensure that
the process is orderly and lawful.
I. Policy
A. Purchasing reports through Finance Department.
B. The Colony City Purchasing Policies are structured around the Texas Local
Government Code, specifically Title 8, Chapters 252 and 271.
C. Public employment is a public trust. It is the policy of the City of The Colony to promote
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and balance the objective of protecting government integrity and the objective of
facilitating the recruitment and retention of personnel needed by the City of The Colony.
Such a policy is implemented by prescribing essential standards of ethical conduct without
creating unnecessary obstacles to entering public service.
D. Public employees must discharge their duties impartially to ensure fair and competitive
access to governmental Purchasing by responsible contractors. Moreover, they should
conduct themselves in such a manner as to foster public confidence in the integrity of the
City of The Colony Purchasing organization.
E. To achieve the purpose of this policy, it is essential those doing business with the City also
observe the ethical standards prescribed herein.
II. Purchasing Objectives
The primary objective of the Purchasing Department of the City of The Colony is to support the City's
staff in accomplishing the goals and directives established by the City Council and the City Manager.
The Purchasing Manager will comply with all legal and ethical standards in obtaining the specified
quality and quantity of materials and services for the City. The Purchasing Manager will promote
fair and open competition for the Purchasing of all goods and services in accordance with all State
and local laws, policies, and regulations.
To conduct all purchasing accordance with State of Texas law, including Chapters 252 and
271 of the Texas Local Government Code and be responsible for obtaining the lowest
possible price and highest quality consistent with delivery terms and vendor service
reputation.
To approve and process purchase orders and contracts in a timely manner in response to
requisitions and to prepare, receive, distribute and evaluate requests for bids on a routine
basis. Purchasing also prepares bid tabulations and evaluates the bid packet before posting.
Departments prepare (purchasing can assist with preparing), the recommendation to the
City Manager/City Council.
Purchasing stimulates competitive bidding in order to obtain materials and services at the
lowest possible cost, and to provide all interested vendors with an opportunity to offer their
products to the City.
Purchasing promotes good vendor relations and assists establishing specifications which
will encourage competition and accurately describe the equipment and materials needed.
Purchasing also consolidates purchase requisitions, when possible, to take advantage of
quantity discounts and maintains continuity of supply to support on-going services,
operations, and construction schedules. Purchasing ensures the proper disposition of City
surplus.
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III. Purchasing Ethics
All City Staff engaged in Purchasing for the City of The Colony shall comply with the following
ethical standards:
Personal Ethics
It shall be a breach of ethics to attempt to realize personal gain through public
employment with the City by any conduct inconsistent with the proper discharge of the
employee's duties.
Influence of a Public Employee
It shall be a breach of ethics to attempt to influence any public employee of the City to
breach the standards of ethical conduct set forth in this code.
Conflict of Interest
It shall be a breach of ethics for any employee of the City to participate directly or
indirectly in Purchasing when the employee knows:
• The employee or any member of the employee's immediate family has a
financial interest pertaining to the Purchasing.
• A business or organization in which the employee, or any member of the
employee's immediate family, has a financial interest pertaining to the
Purchasing; or
• Any other person, business or organization with which the employee or any
member of the employee's immediate family is negotiating or has an
arrangement concerning prospective employment is involved in the Purchasing.
Gratuities
It shall be a breach of ethics to offer, give or agree to give any employee or former
employee of the City, or for any employee or former employee of the City to solicit,
demand, accept or agree to accept from another person, gratuity. It is also a breach
of ethics to accept an offer of employment in contingent with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or
purchase request. Influencing the content of any specification or Purchasing standard,
rendering advice, investigation, auditing or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or
other particular matter pertaining to any program requirement or a contract or
subcontract or to any solicitation or proposal therefore pending before the local
government is prohibited.
Kickbacks
It shall be a breach of ethics for any payment, gratuity or offer of employment to be made by
or on behalf of a subcontractor under a contract to the prime contractor or higher tier
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subcontractor for any contract for the City, or any person associated therewith, as an inducement for
the award of a subcontract or order.
Contract Clause
The prohibition against gratuities and kickbacks prescribed above shall be conspicuously
set forth in every contract and solicitation.
Confidential Information
It shall be a breach of ethics for any employee or former employee of the City knowingly
to use confidential information for actual or anticipated personal gain, or for the actual or
anticipated gain of any person.
Purchase of Materials, Equipment, and Supplies for Personal Use
Unless specifically approved in writing by the City Manager or Designee, no employee may
purchase City property for their own personal use unless it is purchased through the City's
public auction or through the sealed bid process of the City. This includes new and used
equipment, materials or supplies.
Private Purchases Through City Facilities
No employee may use the purchasing power of the City of The Colony to make private
purchases. In addition, employees should not have private purchases sent to the City C.O.D.
to be paid for by the employee.
IV. Federal and State Purchasing Requirements
Tax Exempt Status
The City of The Colony is exempt from Federal, State and local taxes except in certain
prescribed cases. An exemption certificate is available from the Purchasing Department
and be furnished to any of tile City's suppliers upon request.
Certificate of Interested Parties
Section 2252.908 of the Government Code applies to all contracts entered into on or after
January 1, 2016, and states that a governmental entity may not enter into certain
contracts with a business entity unless the business entity submits a disclosure of
interested parties to the governmental entity at the time the business entity submits the
signed contract to the governmental entity. The law applies to all contracts/purchases
of a governmental entity that require an action or vote by the governing body of the
entity.
Conflict of Interest Questionnaire
Chapter 176 of the Texas Local Government Code requires any person doing business or
seeking to do business with a government entity to file a Conflict of Interest Questionnaire
form if that person has an employment or business relationship with an employee or officer
of the City. The form must be filed with Purchasing within seven days of the person
becoming aware of the conflict.
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PROHIBIT/ON OF BOYCOTT OF ENERGY COMPANIES:
By accepting this contract or purchase order, Vendor verifies that is does not Boycott
Energy Companies and agree that during the term of this Agreement will not Boycott
Energy Companies as that term is defined in Texas Government Code Section 809.001,
as amended. This section does not apply if Professional (or Contractor) is a sole
proprietor, a non-profit entity, or a governmental entity; and only applies if: (i)
Professional (or Contractor) has ten (10) or more full-time employees and (ii) this
Agreement has a value of $100,000.00 or more to be paid under the terms of this
Agreement.
PROHIBIT/ON OF DISCRIMINATION AGAINST FIREARM ENTITIES AND FIREARM TRADE
ASSOCIATIONS:
By accepting this contract or purchase order, Vendor verifies that it does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (ii) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. This section only applies if: (i)
Professional (or Contractor) has ten (10) or more fulltime employees and (ii) this
Agreement has a value of $100,000.00 or more to be paid under the terms of t his
Agreement; and does not apply: (i) if Professional (or Contractor) is a sole proprietor,
a non-profit entity, or a governmental entity; (ii) to a contract with a sole -source
provider; or (iii) to a contract for which none of the bids from a company were able to
provide the required certification.
PROHIBITION OF BOYCOTT OF ISRAEL AND OF DOING BUSINESS WITH CERTAIN ENTITIES:
By accepting this contract or purchase order, Vendor verifies that his/her company,
under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and
Subchapter F, Government Code Chapter 2252:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with the City of The Colony, Texas; and
3. Does not do business with Iran, Sudan, or a Foreign Terrorist Organization.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel" means refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations specifically with Israel, or with
a person or entity doing business in Israel or in an Israeli- controlled territory,
but does not include an action made for ordinary business purposes; and
2. "Company" means a for-profit sole proprietorship, organization, association,
corporation, partnership, joint venture, limited partnership, limited liability
partnership, or any limited liability company, including a wholly owned
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subsidiary, majority-owned subsidiary, parent company or affiliate of those
entities or business associations that exist to make a profit.
Pursuant to Section 2252.151, Texas Government Code:
"Foreign terrorist organization" means an organization designated as a foreign terrorist
organization by the United States secretary of state as authorized by 8 U.S.C. Section
1189.
V. Glossary of Terms
The following definitions are intended to assist employees in understanding the language used throughout
this manual. Contact the Purchasing Department for clarification or if something is not defined in this
section.
Annual Contract - A contract which protects pricing for a set time period (typically one (1) year) and is
awarded to a contractor for goods and services routinely required on a recurring basis. User departments
place orders directly with the contractor, eliminating requisitions and processing times.
Award - The presentation of a purchase agreement or contract to the selected bidder.
Best Value - If the sealed competitive bidding requirement applies to the contract for goods or services, the
contract may be awarded to the lowest responsible bidder or to the bidder who provides the goods or
services at the best value for the City. In determining the best value for the City. Factors used to determine
"best value" include:
• The purchase price;
• The reputation of the bidder and of the bidder's goods or services;
• The quality of the bidder's goods or services;
• The extent to which the goods or services meet the City's needs;
• The bidder's past relationship with the City;
• The impact on the ability of the City to comply with laws and rules relating to contracting with
historically underutilized businesses and non-profit organizations employing persons with disabilities;
• The total long-term cost to the City to acquire the bidder's goods or services;
• Any relevant criteria specifically listed in the request for bids or proposals.
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Bid - An offer or contract with the City submitted by a bidder in response to an invitation to bid or to a multi-
step bid. The complete bid document referred to as "the bid."
Bid Advertisement - For expenditures of $$100,000 or more a public notice shall be placed in a newspaper
of general circulation and published at least once a week for two consecutive weeks. The notice shall
contain the time and place at which bids will be publicly opened.
Bonds:
Bid Bond - A deposit required of bidders to protect the City if a low bidder withdraws its bid following
submission or fails to enter into a contract following award. Acceptable forms of bid deposits are limited
to bid bond from a surety company authorized to do business in the State of Texas as a guarantee the
bidder will enter into a contract and execute the required Bonds after notice of award. If the solicitation
requires a Bid Bond, the bid packet will provide instructions when to submit.
Payment Bond - A surety bond ensures all suppliers and subcontractors of the contractor will be paid for
work and materials supplied in the course of the contract. If the solicitation requires a Payment Bond,
it must be submitted by the contractor after the award and prior to commencement of work.
Performance Bond - A surety bond provides assurance to the City that the awarded contractor will
faithfully perform the work in accordance with the plans, specifications, and contract documents. If
the solicitation requires a Performance Bond, it must be submitted by the contract after award and
prior to commencement of work.
Maintenance Bond - A surety bond guarantees the project against defective workmanship and
materials during the maintenance period set forth in the bond. If the solicitation requires a
Maintenance Bond, it must be submitted by the contractor after award and prior to commencement
of work.
Capital Equipment - Assets used in operations with a useful life greater than one year and valued at $5,000
or more at the time of acquisition report to Finance/Purchasing.
Change Order - A change order is issued to a purchase order or contract if changes in plans or specifications
are necessary after the performance of the contract has begun or if it is necessary to decrease or increase
the quantity of work to be performed or of materials, equipment or supplies to be furnished. Local
Government Code 252.048 states original contract price may not be increased under this section by more
than 25 percent. The original contract price may not be decreased under this section by more than 25
percent without the consent of the contractor.
City Council - The elected officials of the City of The Colony, Texas given the authority to exercise such
powers and jurisdiction of all City business as conferred by the City Charter and State of Texas Constitution
and laws.
Competitive Bidding - The process wherein a vendor openly competes with other vendors through a formal
or informal process for the City's business.
Component Purchases - Purchases of component parts of an item, which in normal purchasing practices
would be purchased in one purchase.
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Consulting Services - The service of studying or advising the City under a contract does not involve the
traditional relationship between employer and employee.
Contract - An agreement between the City and a contractor, with binding legal and moral force, usually
exchanging goods or services for money or other considerations.
Delivery Date - The date by which goods and services needed by the department or promised by the
vendor.
Emergency Purchases - Purchases are made to meet a critical, unforeseen need of the City, where the City's
ability to serve the public would be impaired if the purchase is not made immediately. Emergency purchases
are exempt from standard purchasing procedures and must qualify for an exemption as outlined in the Texas
Local Government Code Sec. 252.022. Emergency purchases must follow the procedure set forth in this
manual.
Free On Board ("FOB") Destination Point- Vendor pays freight charges to the destination; title to goods
passed to buyer at receiving dock; freight claims must be filed and handled by the seller.
FOB Shipping Point- City must pick up goods at the seller's shipping dock or pay freight charges; freight
charges may be prepaid and added to the invoice; title to goods passes to the City at the shipping dock of
the seller; freight claims must be filed and handled by the City.
Goods - Property purchased by the City, including equipment, supplies, materials, components, and repair
parts.
lnterlocal Agreement - An agreement made between the City and another governmental entity or
cooperative organization to perform governmental functions and services (e.g. purchasing) for each other
as provided under Texas Government Code Sec. 791.025 and Texas Local Government Code Sec. 271.102.
Lowest Responsible Bidder - This is the vendor who offers the lowest bid which meets all the specifications,
requirements, and terms and conditions of the RFB. It is expressly understood the lowest responsible bid
includes any related costs to the City, using a total cost concept. The term "responsible" refers to the financial
and practical ability of the bidder to perform the contract, also used to refer to the experience and safety
of the vendor.
Maintenance Agreements - An agreement with equipment manufacturers or authorized service centers for
the upkeep of equipment neither adds to its permanent value nor prolongs its intended life appreciably but
instead keeps it in an efficient operating condition.
Professional Services - Services rendered by members of a recognized profession as defined by Texas
Government Code Sec. 2254.002 or who possess special skills which are mainly mental or intellectual, rather
than physical or manual. Texas Local Government Code Sec. 252.022(a)(4) exempts professional services
from competitive bidding requirements.
Purchase - An act includes the acquisition of goods or services, including leasing personal or real property.
Separate, sequential, and component purchases are treated as a single purchase.
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Purchase Order - A purchaser's written document to a vendor formalizing all the terms and conditions of
a proposed transaction, such as a description of the requested item(s), delivery schedule, terms of
payment, and transportation. When accepted by a vendor, the agreement specified in the purchase order
becomes a contract. A purchase order grants the vendor the authority to deliver the goods or services and
invoice for the same. It is the City's commitment to accept the goods or services and pay for them at the
agreed price.
Quote - An informal purchasing process which solicits pricing information from several sources.
Request for Bid ("RFB") - Specifications and a formal written document requesting a firm price and delivery
details for specified goods or services.
Request for Proposals ("RFP") - A formal written document requesting potential vendors make an offer for
goods or services to the City. The RFP method of purchasing is used for all goods and services. The RFP
differs from an RFB in the City is seeking a solution, as described in the document, not a bid or quotation
meeting firm specifications. Proposals evaluated based on criteria formulated around the most important
feature of a product or service, of which quality, testing, references, availability or capability may be
overriding factors, and price is not the sole factor of the award. RFP submittals kept confidential during
negotiations until an awarded contract.
Request for Qualifications ("RFQ") - A formal written document used when soliciting providers of
professional services such as architectural, engineering, or land surveying services. The City must comply
with Texas Government Code Sec. 2254.004 in the Purchasing of these services. The City must first select the
most highly qualified provider on the basis of demonstrated competence and qualifications. After a firm has
been selected based on qualifications and experience, then a fair and reasonable fee shall be negotiated. If
a satisfactory contract cannot be negotiated with the most highly qualified provider of architectural,
engineering, or land surveying services, the City shall formally end negotiations with that firm and select
the next most highly qualified firm and begin negotiations with that provider for a fair and reasonable price.
Requisition - The source document for all purchasing activity. This form communicates a department's
needs to purchasing and grants authorization to enter into a contractual relationship for delivery other
goods and/or services. A requisition is to communicate internal requirements and not to be used by the
departments for the order and delivery of goods and/or services.
Separate Purchases - Purchases made separately of items in normal purchasing practices would be
purchased in one purchase.
Sequential Purchases - Purchases, made over a period of time, of items in normal purchasing practices
would be purchased in one purchase.
Services - A generic term to include all work or labor performed for the City on an independent contractor
basis, including maintenance, construction, manual, clerical, or professional services.
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Sole Source Purchasing - Purchases of goods or services available from only one vendor. There may be just
one vendor because of patents or copyrights, or simply because the vendor is the only supplier for the good
or services. These purchases are exempt from the standard bidding requirements and must qualify as
outlined in Texas Local Government 252.022. Purchases must comply with the procedures outlined in this
manual.
Specifications - A description of the physical or functional characteristics, or of the nature of a supply,
service, or construction item and/or the requirements to be satisfied by a product, material or process
indicating, if appropriate, the procedures to determine whether the requirements are satisfied.
Specifications should be descriptive but not restrictive.
State Contract Purchase - An item available through the State of Texas Purchasing and Support Services
Cooperative Purchasing Program. The State has publicly advertised and received qualified bids for specific
items. These appear on a listing periodically published by the State. The City of The Colony has elected to
participate in the cooperative purchasing program for governmental departments and other state agencies.
Surplus - ltem(s) no longer needed by a department, regardless of its value or condition.
Vendor - A generic term applied to individuals and companies who provide goods and services to the
City.
VI. Purchase Request Total Dollar Limits and Approval Requirements
The City Manager as authorized by the City Council of the City of The Colony has delegated to the Purchasing
Manager the authority to procure materials and services for the City of The Colony within the guidelines set
forth by the City Council. In certain cases, the City Manager has also granted this authority to certain City
employees authorized by their Department Directors.
1. Delegation of Purchasing Authority
Department purchasing authority is limited to a single purchase of a total of
$$9,999.99 or less. With the exception of some Public Works projects, all other
purchases must be processed through the Purchasing Department.
2. Total Dollar Limits/Approval Requirements to Submit a Purchase
Request
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The following standard approval route for all Finance Forms applies to all City
Departments:
CITY OF THE COLONY APPROVAL ROUTING REQUIREMENTS
Total Amount
of Request*
Type of
Bid/Quote
Required
Dept.
Type of
Approval/s
Required*
Other Requirements
Responsible
to,
Bid/Quotes
$
$100,000
and Above
Sealed Purchasing
"
Supervisor
Department
Director
Finance-Acct & Budget Ck
City Manager or Designee
Purchasing Processing
Citv Council Approval
Formal Advertisement
Sealed Bid (Paper or
Electronic)
Agenda Memo w/Bid
Tabulation
$10,000.00 to
$99,999.99
Minimum 3
Written
Quotations
Purchasing
/
Department
Supervisor
Department
Director
Finance - Acct & Budget
Check
Email or Electronic
Quotation
Bid Tabulation
HUB Check Required
City Manager or Designee
Purchasing Processing
<$9,999.99
Not
Required
Department Supervisor Quotes not required but
recommended
3. Purchases Requiring City Council Approval
Any Purchasing made for $100,000.00 and greater must be approved by the City Council
PRIOR to the purchase being made.
4. Purchases Requiring City Manager Approval
The City Manager or their designee must approve all purchase requisitions for $100,000.00
and up.
5. Purchases Requiring Account & Budgeting Approval
The Finance Director and/or Purchasing Manager must approve all purchase requisitions for
$10,000.00 and up.
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*Note* Contractual Agreements – Required for All Services – SEE SECTION XXVI
In accordance with best practices for municipal risk management and to ensure compliance with applicable provisions of the
Texas Local Government Code, contracts are required for all services, regardless of the dollar amount.
This requirement is not based on a financial threshold, but rather reflects the necessity to establish clear terms, manage liability,
and protect the interests of the municipality. No services should commence without a fully executed contract approved in
accordance with local policies and state law.
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VII. Purchase Orders
The purchase order authorizes the supplier to ship and invoice for the goods ordered and acts as a
contract between the City and supplier. The primary purpose of the purchase order is to expedite and
control the buying of the City. The major parts of a purchase order which require particular attention
are the following:
• Description- The description must be complete- size, color, catalogue number, part number,
quote date, quote number, cooperative contract number and any information about the
purchase to make sure there is no question as to the material ordered.
• Quantity - The quantity of each item ordered will be stated on the purchase order.
• Unit Price - If at all possible, the unit price will be stated.
• Total - This will be the sum total cost of all items ordered.
● Purpose
The purpose of the Purchase Orders policy is to ensure city employees follow purchasing guidelines when
purchasing needed items for the city operations.
1. Prohibition on Open Accounts
It is against City Policy to have open accounts with any vendor. Department Orders MUST BE PLACED using
either a City issued Purchasing card or a Purchase Order. To obtain a Purchase Order the department must
first submit a request to Purchasing at purchasing@thecolonytx.gov.
2. Departmental Purchases Under $9,999.99
Any single Purchasing with a total value of not more than $9,999.99 can be made directly by each Department
Director or the Director's authorized representative. Although multiple quotations are not required it is
recommended price comparisons be made, if possible. The departments should look for the best possible
pricing for the City. It is highly recommended the department use a City issued Purchasing card for these
purchases. However, if a Purchasing card cannot be used the department should send a requisition to
Purchasing in order to obtain a purchase order number. A fully executed contract may be required if
obtaining services. Contact Purchasing for more information on how to obtain one.
City purchases are audited annually by an outside auditing firm to detect split purchases. Because the
administrative cost of competitive quotations would be more than the amount saved taking such quotations
the competitive bidding procedure does not apply to purchases of $9,999.99 or less.
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3. Purchase Orders with City Policy Requirements (purchases between
$10,000.00 and $99,999.99)
Any single purchase with a total value of more than $9,999.99 is subject to all City Purchasing Policies and
Procedures approved by City policy and the City Council. Requirements for items having a single order total
value of $10,000.00 to $99,999.99 must have a requisition created in the City’s ERP financial system. The
purchase requisition must be filled out completely and include quantities, complete descriptions of the
item(s) to be purchased, cooperative contract and number, if applicable, quotes date, quotes number and
approved budget funding account numbers to charge for the purchase. Before forwarding the purchase
request to Purchasing, three complete set of quotations (one HUB vendor, if available) and purchase
information must be attached in the requisition for Purchasing to review. At least three written quotes are
required on any purchase with a total between $10,000.00 and$99,999.99. A fully executed contract is
required for services if applicable.
4. Purchase Orders with State Law Requirements (purchases greater than
$100,000.00)
Any single purchase with a total value of $100,000.00 or more is subject to Local Government Code Chapter
252, Chapter 271 and other references. Formal competitive bidding is required in most cases for City
purchases of products or services with a value of $100,000.00 and above. Generally, the term formal
competitive bidding is applied when a solicitation process complies with the Local Government Code. If the
department is recommending an award to a vendor other than the apparent low bidder, the memo must
outline the areas where the low bidder does not possess the full capability to meet all of the requirements
of the contract.
5. Sole Source Purchases
Sole-source purchases are items available from only one source because of patents, copyrights, secret
processes, or natural monopolies as defined by local government code. Purchases available from only one
supplier are exempt from bidding requirements. However, the City requires certification that other
reasonable sources of supply do not exist.
When a department has identified a specific item with unique features or characteristics essential and
necessary to the requesting department and no alternate products are available, a detailed written
justification must be provided to Purchasing in advance for review and approval.
There are many reasons a purchase might be practical from only one vendor, some examples are:
• There is no competitive product. The goods/service are a one-of-a-kind or patented product, a
copyrighted publication available from only one source or a unique item such as artwork. The product is
only available from a regulated or natural monopoly. Examples include utilities, gravel from the only
gravel pit in the area or similar situations.
• The product is a component of an existing system only available from one supplier. The replacement of
a component or a repair part may only be available from the original supplier.
• Sole-source purchases may also be the result of State law or ordinances require or allow certain types of
purchases made from a particular source:
o Non-profit corporations using workers with disabilities to produce the item. State or local
governments often use products made by blind or workers with disabilities.
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o Prison workers produce the item. The state benefits from the sale of these items.
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● Procedure for Sole-Source Purchases
Sole source purchases handled the same as other purchases, with these exceptions:
• Prior to purchase, the user department must contact Purchasing to determine the best method of
purchasing or sourcing the product.
• If the Purchasing department determines the item is a sole-source purchase, a justification memo must
be attached to the requisition and a current (date must be current and addressed to the City) sole source
letter from the vendor describing how the product or service is a sole source. The sole source letter is
valid for one-year from the date of the sole source letter.
• If there are services associated with the sole source purchase a fully executed contract is required if
applicable.
• After the requisition is approved, the purchase order is prepared.
6. Cooperative/lnterlocal Purchasing Procedures
The Government Code and Local Government Code state the City may enter into an Interlocal agreement
with another public entity in the United States for the purposes of pooling resources to obtain favorable
pricing for goods and services. Interlocal Agreement purchases require City Council approval if exceeding
$100,000.00. The City of The Colony has Interlocal agreements with various entities throughout the State of
Texas and is a member of several cooperative purchasing programs throughout the United States. A list of
the current cooperative purchasing programs in which the City participates is available
S:\City_Share\Purchasing\COOPs & Interlocal Agreements
A. Cooperative Purchases
Cooperative purchasing saves time and effort over competitively bidding our own items and allows us to
combine our purchasing power with other entities to achieve lower prices on various goods and services.
Purchasing has established several cooperative purchasing agreements with many public entities and State
and City Council approved cooperatives. Among them are the Houston-Galveston Area Council of
Governments, (HGAC), Omnia Partners, The Local Government Purchasing Cooperative (Buy Board), TIPS,
Sourcewell, State of Texas, Choice Partners and others. All agreements are established for the purpose of
achieving maximum savings to the City through pooling of economic buying power. A purchase from an
approved cooperative satisfies the requirement for competitive bidding.
Before any department makes any purchase from a cooperative contract, they should contact Purchasing to
ensure appropriate guidelines are being followed.
Prior to making the decision to use a cooperative contract the City shall use one or more of these review
processes:
• Compare the cooperative contracts available for the required product or service, conduct market
research, and evaluate whether the use of a cooperative contract is appropriate.
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• Analyze all costs associated with conducting a competitive solicitation and contact the cooperative lead
agency to verify contract application and eligibility.
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• Review the cooperative contract for conformance with all applicable laws and best practices.
• Analyze the product or service specifications, price, terms and conditions and other factors such as: cost
to utilize the contract, shipping, minimum spend requirements, and availability of contract
documentation, to ensure the cooperative contract produces best value.
Through cooperative purchasing, the City can save time and money. Cooperative purchasing occurs when
two or more entities (state, federal or local governments) coordinate some or all of their purchasing efforts
to the mutual benefit of all participants in the purchasing process.
The Purchasing Department shall take advantage of the following types of cooperative purchases when
deemed to be in the City's best interest:
• lnterlocal Agreement Purchases
• State Contracts
• Piggybacking
• Joint Purchases
There are a number of levels of cooperative purchasing, from occasional minor cooperation in a purchase, to
a level where all purchases done through the cooperation of two or more cities called lnterlocal Agreements.
There are also several types of cooperative purchases, ranging from one city "riding" on the contract of
another city to splitting the purchasing duties equally.
Cooperative purchasing accomplished through several methods. The first method involves one city
performing all the tasks necessary to make a purchase with other governments purchasing off the first city's
contract. A second method involves cities sharing the purchasing responsibilities. Following are the most
commonly used types of cooperative purchasing:
A. Piggybacking
In piggybacking, one city creates a contract and allows other governments to use it. Both governments should
protect themselves by establishing an agreement in writing, even when the arrangement is informal. The
agreement should specify the duties and responsibilities of each party. There must be a clause in the contract
about this agreement and vendors must agree to it.
B. Joint Purchases
Two or more cities join to purchase one or more goods or services jointly. This may involve each city handling
part of the administrative shores or agreeing to have one of the cities handling the transactions under the
guidance of the others. If the arrangement is long-term, rotate the roles periodically to share equally the
purchasing duties. All parties to a purchase must agree to the specifications, so that a mutually satisfactory
good or service is ordered.
C. Buying from State Contracts
Under the provisions of Local Government Code Sections 271.081 - 271.083, the Comptroller of Public
Accounts offers the Cooperative Purchasing Program and manages state contracts. Buying from state
contracts is a form of piggybacking. Under this program, and after complying with certain requirements, a
local government may participate in all automated state contracts.
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B. lnterlocal Cooperative Purchasing Agreements
The Local Government Code Section 271.102, Cooperative Purchasing Program Participation and current
purchasing laws allow the City to utilize another local government of this state or another state or with a
local cooperative organization of this state or another state contracts granted through a competitive process
via use of lnterlocal Cooperative Purchasing Agreements. These contracts are used as another tool in
accomplishing our mission to our citizens. They are never used to intentionally and knowingly avoid our
competitive bid process. Any use of another entity's contract for Purchasing of goods/services must be
discussed with Purchasing in advance of acquiring quotes.
The following conditions must exist before the purchase can move forward:
• The City has a valid pre-existing lnterlocal Cooperative Purchasing Agreement with the other city.
• The item(s) wishing to be purchased are covered under the contract as originally written, not amended
specifically for the City of The Colony's needs.
"Published Options" if called for in the original contract, and specifically priced on the contract, are allowable.
If special needs by the City are not covered by the contract pricing or published options, City optional
additions ("unpublished options") allowed as a Change Order, as long as they are specifically outlined on
the order.
C. Cooperative Purchasing Order Processing
The following is an overview of the ordering processes for various cooperative purchasing programs. This
process is provided for purchases utilizing other cooperative purchasing program contracts, such as
Department of Information Resources (DIR), Texas Multiple Award Schedule (TxMAS), Houston-Galveston
Area Council (HGAC), The lnterlocal Purchasing System (TIPS), Buy Board and others.
• The requesting department obtains a quote from a contracted vendor. The itemized quote is in
accordance with the contract terms, and the quote contains the contract number. The quote must
reflect base price, published options, and unpublished options, as applicable. The quote reviewed by
Purchasing and sent to the original entity to verify compliance with the existing contract with the
vendor.
• The Department will verify contract and pricing prior to submitting the quote to the buyer for
approval and submitting a requisition to Purchasing.
• The requesting department should attach the quote when submitting the requisition for review by
Purchasing.
• Purchasing reviews and verifies the contract and pricing of the quote.
• A fully executed contract is required for services if applicable.
5. Upon purchasing approval, an agenda memo for purchases in excess of $100,000.00 is created
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and reviewed by Purchasing and the department.
6. Purchasing will submit a purchase order accordingly. HGAC, Buy Board and TIPS purchase orders
submitted to the cooperative directly for order confirmation. The purchase order reviewed by the
cooperative and the order submitted directly to the vendor for processing. Purchasing processes all
purchase orders to the cooperative regardless of dollar threshold.
D. Emergency Purchases
The purchase must qualify as an emergency purchase as defined in Local Government Code Chapters 252
and 271. If there is time to give proper notice and for an advertisement to be made, then it is not an
emergency situation. Generally, three broad areas can be classified as emergency purchases:
When a public calamity such as a hurricane or other tragedy, if it is necessary to make a purchase
promptly to relieve the necessity of the citizens or to preserve the property of the City, the purchase is
exempt from the competitive bidding requirements.
The same is true in the case of an item necessary to preserve or protect the public health or safety of the
residents of the City's jurisdiction or an item necessary because of unforeseen damage to public property.
When it is necessary to preserve or protect the public heath, competitive bidding requirements waived
regardless of how the conditions were brought about. State courts have said that the words "preserve"
and "protect," as applied to public health, carry the idea of timely, efficient and effective action that
keeps intact and unimpaired the good health of the citizens in advance of impairment. It is not necessary
for the public health to be under immediate peril because of a public calamity before the bid exemption
is put aside. In this case, the court approved repairs and improvements to a city's sewer system that were
made without advertising for competitive bids.
I. Procedures for Placing an Emergency Order During Normal Working Hours
Emergency purchases are those purchases over $10,000.00 made during or after normal working hours to
keep equipment or machinery in operation or to avoid work stoppage. The initiating department notifies
purchasing office by email or telephone immediately with as much information as possible about the
emergency purchase required. A purchasing requisition is prepared by purchasing.
Purchasing or initiating department head contacts as many vendors as necessary to arrange the emergency
purchase. If there is not enough time to get authorization, the purchase can be completed by telephone, and
the purchase order is completed after the fact and delivered to the vendor. Expedited delivery is requested.
The person making the requisition may be required to pick up the emergency purchase from the vendor if
timely delivery is not available.
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II. Placing an Emergency Order During Evenings, Weekends and Holidays
When purchasing personnel are unavailable, process emergency purchases as follows:
• The affected department takes whatever steps are necessary to procure needed supplies, services
or equipment to relieve the emergency. If possible, only those goods or services needed during the
evening, weekend or holiday are procured.
• On the first working day following the emergency, the person making the purchase must attach the
invoices, bills of materials, receipts or other documents related to the purchase of the requisition
and send it to purchasing.
• The person in charge of the affected department must certify in writing on the next business day, or
as soon as possible, why the purchase was necessary.
• The Department Director or their designee must approve all emergency purchases for $10,000.00
and higher. When approved, a purchase order number is issued by purchasing to cover the
purchase. The purchase requisition must contain all information (quantities, descriptions, unit
pricing, total pricing, and budget account numbers). The purchase request MUST NOTE the request
was an emergency.
In the event of a true public calamity or declared emergency, the Emergency Purchasing Policy will be the
policy of record during the declared emergency.
NATIONAL AND REGIONAL COOPERATIVE PROGRAMS LISTING 10-1-2023
Buy Board GSA https://www.buyboard.com
Choice Partners https://www.choicepartners.org/
Omnia H-GAC https://www.omniapartners.com
NPPGov https://nppgov.com/
NCTCOG – TxShare https://txshare.org/
PACE https://pace.esc20.net/
Pavillion https://www.withpavilion.com/
Sourcewell https://www.sourcewell-mn.gov/node/243921
Texas Smart Buy https://www.txsmartbuy.com/
Texas DIR https://dir.texas.gov/
TIPS-USA https://www.tips-usa.com/vlist.cfm
New interlocal agreements and city piggyback contracts added as needed and may be located at Shared S
Drive > City Share > Purchasing > COOPs & Interlocal Agreement folder.
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III. City Annual Price Agreements/Contracts
The City has established through the competitive bidding process several annual price agreements with
various vendors on a wide variety of products that allow departments to purchase items without having to
go through an additional competitive bidding procedure. These contracts provide the following benefits:
• Lower administrative costs due to placing one annual order rather than several smaller orders
• Pricing that remains firm, for the contract period.
• A wide range of products available at lower costs.
Items purchase through the City contracts may be purchased directly from the vendor. All vendors, items and
pricing under contract are available from purchasing.
• Annual Contracts (Blanket)
Annual Agreement - issued by the Purchasing Department to create an annual agreement between the City
and a vendor for specific items and/or services provided at a certain price, on an as-needed basis. Annual
agreements do not encumber funds until a release against the blanket order is issued. Annual agreements
normally are issued following a bid award by the City Council where the annual expenditure is expected to
exceed$100,000.00. An annual agreement may be for the exclusive use of an individual operating
department, split between operating departments or may be established for citywide use.
After an annual contract been awarded, purchasing will issue an annual contract and Purchase Order to the
vendor awarded the contract. The Purchase Order will also show the account number or numbers funds will
be drawn from to pay for the merchandise or service received. All invoices received from the annual contract
must display the purchase order number issued to the vendor.
• Cancellation of Purchase Orders
Purchase Orders may be cancelled by an email or memorandum forwarded to the Purchasing Manager
justifying the cancellation.
Change Orders
Change Orders are documents modifying information concerning goods and/or services, price, and/or
quantities in an existing contract/purchase order. If the total amount of the contract/purchase order is
increased by the change order, the change order may require approval by a different authority than that
used to approve the contract/purchase order and/or previous change orders. Local Government Code
252.048 states original contract price may not be increased under this section by more than 25 percent. The
original contract price may not be decreased under this section by more than 25 percent without the consent
of the contractor.
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VIII. Purchase Orders (after the fact)
This type of purchase occurs when the using department received goods or services over $10,000.00
without obtaining a purchase order prior to the transaction. Purchasing will issue a Purchase Order for this
type of purchase. If it is not an emergency (see Emergency Purchases), this purchase may violate policies,
and Purchasing would need additional information to issue a Purchase Order. In order for an invoice to be
processed and paid, the using department must receive approval for payment from the Department
Director or their designee using the “After the Fact” form created by Purchasing
IX. Purchasing Card Policy (P-Cards)
The purpose of the City of The Colony's Purchasing Card Program is to establish a more efficient,
cost-effective method of purchasing and paying for small dollar transactions as well as high-volume,
repetitive purchases. The goal of the program is to reduce internal purchasing restrictions to the
administrative costs associated with processing small purchases under $4,999.99. The program is
not intended to bypass appropriate purchasing or payment procedures. The intent of the program
is to complement the existing purchasing program and must be used in conjunction with the City's
Purchasing Policies. This policy is effective for the City’s MasterCard Program.
● How the program benefits cardholders as well as the City:
• Allows cardholders to obtain goods and services faster and easier
• Allows all groups and individuals involved in the program to be more effective and to focus
on the value-added aspects of their jobs
● Why cardholders have been selected to receive a Purchasing card:
• Job responsibilities require them to purchase certain types of goods or services
• Part-time employees will not be issued Purchasing cards unless approved by the City Manager
or Designee.
● The City's policies and procedures governing the use of the Purchasing card:
• Transaction and monthly credit limits
• Types of purchases are set within the parameters of the Purchasing card while ordering goods
and services from vendors
• Handling credits, returns, and disputes
• Cardholders' responsibilities concerning monthly review and reconciliations
● Obtaining a Purchasing card:
• The Department Supervisor or equivalent will submit a new Purchasing card request form
found S Drive> City Share> Purchasing for each Purchasing card request for processing.
• The Department Director will approve the request
• The Purchasing Manager will coordinate with JP Morgan Chase for P-card issuance
• The card(s) will be sent to the Purchasing Manager who will then contact the cardholder(s) for
pick-up and sign the CARDHOLDER CREDIT CARD AGREEMENT
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• After signing the Cardholder's Agreement, the employees will then be authorized to use the
Purchasing card.
• To change a cardholder's limits, an increase/decrease form will be required and email to the Finance
Director and Purchasing Manager providing detailed information regarding the need for any change
and the purpose for requested amount of change is required. The Finance Director and/or Purchasing
Manager can make the determination regarding any change.
The card will have the cardholders' name, City’s Tax ID# and City Name embossed on it.
• JP Morgan Chase Bank
First, contact Purchasing Manager to resolve any credit card issues.
The Purchasing card program is serviced through JP Morgan Chase Bank. The Customer Service Center
is available 24 hours a day, 7 days a week to assist the cardholder with general questions about the
Purchasing card account. The customer service number is:
1-800-316-6056.
If a Purchasing card is lost, stolen or has non-valid transactions, immediately contact Purchasing
Manager at 972.624.3145. Prompt action can reduce the City's liability of fraudulent activity
• Purchasing card activation
Purchasing Manager will activate the Purchasing card before contacting requesting individual.
Purchasing Manager will assign the four digit pin when requesting the P-Card. This pin not required when
making purchases, it is a security protection. Upon receipt the cardholder should sign the back of the
card and keep the card in a secure place.
• Documentation and Approval Process
The Purchasing card issued in the employee's name. All purchases made with the Purchasing card must
be for the designated employee's Department only.
● Approval Process - Cardholders designated by their Department Director to use the
Purchasing card. Cardholders are responsible for following the guidelines provided by the City
regarding purchases, selection of vendors, security of the card, and monthly reconciliation of the
charges and coding of charges to the appropriate accounts. It is the Purchasing cardholder's
responsibility to obtain itemized transaction receipts from the merchant or supplier each time the
Purchasing card is used. Receipts must be completely legible.
Purchases made with a Purchasing card are funded by taxpayer dollars.
Ownership of a City Purchasing card is a privilege and NOT a right.
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Cardholders charged with making responsible, work-related purchases and with the prompt and complete
submission of monthly card reconciliation documents through the Payment Authorization process.
Cardholders who fail to meet these responsibilities will have their Purchasing card privileges revoked.
Inappropriate purchasing card use will result in disciplinary action.
● Purchases Prohibited with the Purchasing Card
The Purchasing card is not for personal use. City policy also prohibits loaning the Purchasing cards to any
other person or employee (other than additional approved departmental employees, in the case of a
departmental card). The Purchasing card not intended to avoid or bypass appropriate purchasing or
payment procedures. Cardholders shall not separate or split purchases to avoid the normal purchasing
procedures. Any purchase over $4,999.99 shall go through the requisition process and adhere to purchasing
guidelines. This program complements the existing processes available.
Itemized receipts are required documentation for completion of transactions and supporting
documentation. Lost or missing receipts must have department head approval.
Separate Purchases - Purchases made separately of items in normal purchasing practices, would be
purchased in one transaction.
Sequential Purchases - Purchases made over a period of time, of items in normal purchasing practices,
would be purchased in one transaction.
EXAMPLES OF PROHIBITED PURCHASES WITH CREDIT CARD
• Purchases of technology items except by the Information Technology Department.
• Employees who receive a monthly phone allowance cannot use the Purchasing card for any
phone accessory purchases, including but not limited to, cases, apps, etc. The monthly allowance
intended to cover those items.
• Employees who receive an automobile allowance, cannot use the Purchasing card for gas or other items
for their personal vehicle. This is covered by the automobile allowance.
• Gift cards for employees should never be purchased with the P card or any other payment
method
• Gift cards for giveaways or for non-employees are allowed as long as they are approved by City Manager
Office (CMO) in advance.
• Cash Advances
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• Gifts for employees including but not limited to Christmas or other holidays or celebrations are
prohibited with City funds except when:
• Approved in advance by City Manager Office
• Infrequent in nature
• Non-cash items and
• Alcohol and tobacco purchases (except for CMO, CVB and Economic Development)
• Gratuities in excess of 20% unless approved by the department head.
• Retirement gifts are permitted under $100.
• Tips not added to gift card or to food purchases.
• Payment for Services (e.g., repairs, consulting, maintenance): P-Cards may not be used to pay for services due to
liability concerns and the potential need for a fully executed contract. Services often require detailed terms,
insurance provisions, and risk mitigation that can only be addressed through a formal agreement approved by the
City. All service-related purchases must go through the standard procurement process.
k. Credit cards are not kept on file with a vendor unless it is an absolute requirement.
l. All mobile payment apps including but not limited to Apple Pay, Google Pay, Samsung Pay, and Venmo or
other similar services are strictly prohibited by employees when using the City issued Purchasing card.
A mobile payment app used as a payment service for the purchase of a product or service through a
portable electronic device such as a tablet or cell phone. PAYPAL is acceptable when it is the only form
of payment allowed and detailed information regarding the purchase is available (i.e. itemized receipt).
m. In no case shall a City Purchasing card be attached to personal apps, stored on a personal mobile
device or saved on any websites.
● Staffing Responsibilities
• Program Administrator - (Purchasing/PCard Administrator)
The Program Administrator for the City of The Colony is the Purchasing/P-Card Administrator under the
supervision of the Purchasing Manager. The Program Administrator has been designated by the City to
answer questions, resolve problems and administer the program. This person will be knowledgeable on
all procedures in the Cardholder User's Guide. All Purchasing card requests to JP Morgan Chase Bank
must go through the Program Administrator. The Purchasing card must be returned to the Purchasing
Department upon termination. If the employee is transferred to another department, the site
administrator shall contact the Program Administrator to update the employee's information.
• Department Directors
The Department Director or equivalent, is responsible for designating all cardholders within the
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department, departmental cardholder and is responsible for approving the cardholder's monthly
purchasing card statements to ensure they adhere to the City's policies. Purchases in excess of
$10,000.00 must adhere to the PO process as detailed in the Purchasing Policy.
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● Purchasing Card Controls
• Single Purchase Limits
A Single Purchase Limit (SPL) is the amount available on the Purchasing card for a single transaction. The
SPL for most cards is $3,000. A transaction includes the purchase price, plus tax (if any) and freight.
Purchases exceeding the cardholder's Single Purchase Limit will be declined. The City prohibits the use
of repetitive transactions intended to circumvent the Single Purchase Limit. Card purchases audited to
identify such transactions. Changes to the Single Purchase Limit by submitting P-Card increase/decrease
form with proper authorization signature, processed through the Purchasing Manager.
SPLIT PURCHASES IN ORDER TO AVOID THE LIMIT ARE STRICTLY PROHIBITED.
• Monthly Purchase Limits
The Monthly Purchase Limit on most cards is $3,000 but varies based upon departmental needs
approved by the Finance Director and Purchasing Manager. This is the maximum amount available on
the card per month. Any changes to the Monthly Purchase Limit must be approved by the Departmental
Director and/or Finance Director.
• Restricted Vendors
The purchasing card program may be restricted for use with certain types of vendors and merchants. If
a purchasing card presented for payment to these vendors, the authorization request will be declined.
The City's Purchasing card is NOT to be used for alcohol, tobacco, or any personal purchases. Alcohol
purchases are acceptable for certain departments as indicated in this policy. Variations from this portion
of the policy must be approved by the Assistant City Manager and/or Finance Director. Any allowable
meal purchases must include a list of names of persons participating in the meal along with the business
purpose associated with the meal.
• Security of the Purchasing Card
The cardholder is responsible for the security of the card and all purchases. City policy prohibits loaning
the purchasing cards to any other employee to make purchases. This card should be treated with the
same level of care as the cardholder would use with his/her own personal charge cards. Guard the
purchasing card account number carefully. Cards should not be left out in the work area or left in a
conspicuous place. The only person authorized to use the purchasing card and account number is the
cardholder whose name appears on the card or in the case of a departmental card, the user must be
authorized/approved by the Department Supervisor.
• Employee Liability
Employees do not pay their own monthly statement. The program does not affect the individual
employee's credit rating in any way. If the card is accidently used to purchase non-City business goods
and services, notify Program Administrator immediately.
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• Chip and Personal Identification Number ("PIN") Technology
JP Morgan Chase Purchasing cards enabled with chip and PIN technology to help reduce the occurrence
of fraud for in-person transactions. At the time of chip card activation, the program administrator shall
choose a 4-digit PIN. The PIN shall be kept confidential by the cardholder with the same level of security
the cardholder provides to the PIN on a personal debit card. A cardholder with a chip card who is later
reissued a new chip card, PIN will remain the same unless there has been fraudulent activity and a new
PIN is required. The PIN may not be required on all merchant transactions; however, if prompted, the
cardholder must enter the 4-digit PIN to complete the transaction.
• When traveling with the purchasing card please refer to the City Travel Policy.
● General Cardholder Guidelines
Cardholders should promote and encourage positive interactions with suppliers. Honesty and courtesy are
essential ingredients in all aspects of a buyer/supplier relationship. The City of The Colony promotes the
use of local (The Colony) vendors whenever possible.
All cardholders should follow these guidelines below when using the Purchasing card:
• Determine if the transaction is an acceptable use of the card, and if it is within the cardholder's spending
limit. Justify and defend every purchase. Identify the supplier and call, fax or visit the supplier to place
the order.
• If the order is by mail, specify cardholder name, company name, department name and shipping
instructions. Also, specify the purchasing card number, expiration date and name as it appears on the
card.
• Inform the vendor the City is tax-exempt. Forward a copy of the tax- exempt form, if requested. Confirm
the pricing and freight. Make sure the combination of both does not exceed the single transaction limit.
• Request a copy of the pricing and freight be emailed or faxed to the cardholder and/or included in the
shipment of supplies. Instruct the vendor not to send a copy of the itemized invoice to accounts payable
to avoid duplicate payments.
• Request the supplier indicates the employee's name and the words "Purchasing Card" on all packing
lists and box labels. This will enable the receiving department to facilitate delivery of supplies.
Shipments without this information may be refused and returned to the vendor.
• Returns and Disputed Charges
Should a problem arise with a purchased item, service or charges, the Cardholder should make every
attempt to resolve the issue directly with the supplier. The Cardholder should note all returned, credited,
or disputed items on their expense report.
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A. Returns
If an item needs to be returned to a supplier, the Cardholder must contact the supplier and
obtain instructions for the return. Note some suppliers may charge a restocking or handling fee
for returns. All returns indicated on the monthly p-card statement along with a notation of any
restocking or handling fees.
If the item is accepted as returned by the supplier, a credit for this item should appear on the
following p-card monthly statement.
B. Disputed Charges
Supplier Disputed Charges: If a cardholder finds a discrepancy on their statement,
the cardholder should contact the supplier immediately. All disputed items
indicated in the credit card report submitted to Finance.
Fraudulent Charges: If a cardholder finds a fraudulent charge on their statement,
the cardholder should contact first contact the Program Administrator, if the
Program Administrator is unavailable then contact JP Morgan Chase Bank
immediately. Please call the number on the back of the card. The bank will ask a
series of questions regarding the fraudulent charge, the bank will open a case
and if the charges proven to be fraudulent the charge(s) will be credited back to
the card. All fraudulent disputed items indicated in the credit card report.
If a cardholder cannot resolve a disputed item directly with the vendor, the cardholder
should contact JP Morgan Chase Bank at 1- 800-316-6056. The credit card vendor will
place the charge in a "State of Dispute" and the account may be given a provisional credit
until receipt of adequate documentation from the vendor. If the documentation appears
to be in order, the transaction re- posted to the account and the dispute is considered
closed. If the charge is suspected to be fraudulent, the card will be immediately blocked
by JP Morgan Chase Bank, and an investigation of the charge will continue. A new card
re-issued to the cardholder, if appropriate.
Disputed charges must be handled in a timely manner in order to receive a credit. JP
Morgan Chase Bank will not honor or try to help the City dispute transactions to
merchants not reported on the proper form within 45 days of the date of the original
transaction. If the City does not report the dispute within this time period, the City is
responsible for the charge.
Disputed charges processed as follows:
• Once a discrepancy is detected, the cardholder should contact the supplier
and attempt to resolve the problem.
• If the cardholder and merchant can resolve the dispute, a credit is to be
issued and should appear on the next billing cycle statement.
• The cardholder should immediately advise the Program Administrator of the
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disputed charge via e-mail.
● Purchasing Card Audits
In addition to reviewing each transaction, the Finance Department conducts audits on all City departments
throughout the fiscal year. The audit process evaluates compliance with the procedures outlined in the
documents provided in this manual.
Records audited in the following areas:
• Completeness of records
• Supporting documentation for each purpose
• Sales tax paid and documentation of collection efforts
Goods
• Documentation of purpose
• If requested, existence of items
• Use of Purchasing cards for prohibited items or at restricted vendors
Travel
• Potential travel items may be crosschecked with accounting to verify expense reports were
completed and sent to Finance
Upon completion of an audit, a written report is completed and sent to the Department Director, Purchasing
Manager, and/or Finance Director. The department shall provide a written response to the audit findings to
the Finance Director. After review by Finance, a final report will be provided to the City Manager's Office.
● Consequences for Card Abuse
Cardholders remember purchases are funded with taxpayer dollars. Therefore, it is imperative that the
City's purchasing card program is above reproach. All transactions MUST BE strictly for work purposes and
all documentation must be readily available.
Any inappropriate use of the Purchasing card forwarded to the City Manager for disciplinary action up to
and including termination.
Offenses may include but are not limited to:
Late or incomplete reconciliation documents including but not limited to missing itemized receipts, missing
signatures, incomplete information, failure to resolve sales tax, loaning a card and/or PIN number to another
person, and any other discrepancies within 3 days of notice by the Finance Department.
Outstanding Purchase Card Transactions
All employees will have 30 days to submit purchasing card documentation. It is the responsibility of the
cardholder to complete and forward the forms for approval in a timely basis so Finance can review, approve
and record the transactions in the General Ledger.
If the Purchasing card transactions and approval(s) not submitted for review within 30 days, the card will
be terminated.
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For example, Card statement for November 5th – December 6th was sent to Card Holder on December 7th;
the Payment Authorization must be submitted before January 6th so the card will not be terminated.
NOTE: Unintentional mistakes resolved prior to the reconciliation process will not be considered as card
misuse.
Cardholders are further cautioned:
In cases of more serious purchasing card abuse, the City may, at its sole discretion, select more severe
disciplinary measures based on the nature of the offense.
The policy outlined in this document does not supersede the Employee Manual or any Administrative orders
related to Purchasing or Ethics.
Purchasing cards may be suspended at any time at the discretion of the Department Director or City
Manager’s Office if improper use is suspected.
● Sales Tax
City of The Colony is exempt from most sales and use tax as allowed by law. Remind merchants sales tax
should not be included in the transaction. The card does not automatically alert the merchant of the City's
tax-exempt status. Cardholders must tell the merchants at the time of the transaction it is a tax-exempt
purchase, and no tax is added to the sale. Cardholders should check the store receipt before leaving the
store to ensure the sales tax is not included in the total. If added tax is applied to the sale, the cardholder
will have the merchant credit the amount of the tax to the card.
Employees are responsible for ensuring exemption from sales tax. When sales tax is charged on the receipt
in error, it is the responsibility of the Cardholder to obtain a tax credit.
Exceptions: Sales tax on restaurant meals, air travel and parking. The cardholder should seek an exemption
on sales tax at these locations, however, understand the exemption may not be granted. Cardholders should
provide the tax-exempt forms which are available from the Purchasing Manager, before the order is placed.
City employees are not exempt from hotel lodging taxes.
Note: In some special cases, the City is required to pay tax. If there are any doubts about the tax or if the
vendor requires tax to be paid even if they have received the tax-exempt form, contact the Purchasing
Manager for additional instructions.
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● Examples of Possible Violations
1) A purchase is required that will cost $4,999.99. The vendor has offered to bill $2,000 on one transaction
and $3,550 on another in order to meet transaction limits. Is this a violation?
Yes - this is considered to be splitting a transaction under Local Government Code 252.001 - Separate
Purchases which are "Purchases made separately of items that, in normal practice, would be bought in
one purchase." Remember, transactions exceeding $4,999.99 require a purchase order.
2) What if the vendor splits the transaction and I didn't know he was going to do it?
Employees need to understand regardless of intent; these types of purchases will be "deemed" a
violation. In this example, the employee would have already known the purchase exceeded $4,999.99
and should not have completed the transaction. On the other hand, if it is determined a vendor
intentionally split credit card transactions to circumvent the restrictions on the card, the vendor may
be disqualified from transacting business with the City in the future.
3) A department needs generators for field operations. They purchase four generators totaling $1,600 on
Tuesday. On Wednesday and Thursday, they purchase an additional six generators totaling $1,400 and
$1,200 respectively. Is this a violation?
Yes - these types of transactions meet the definition of Sequential Purchases, which are "Purchases
made over a period of time that, in normal purchasing practice, would be bought in one purchase."
Employees need to understand regardless of intent; these purchases will be "deemed" a violation.
4) Merchandise has been ordered totaling $3,800. At the last minute, changes are deemed necessary that
would raise the total of the order to $5,300. What should I do?
Abandon the planned purchase with the Purchasing card and switch to the purchase order procedures
(e.g. obtain three quotes) and complete a purchase requisition for this item.
5) A pump costing $4,750 is required to fix a water leak. The purchase is made and later in the afternoon
it is necessary to return to the vendor for $500 worth of pipes/valves to complete the repair. Is this a
violation?
No - This is an example of unforeseen damage. In the process of a repair, it is possible more parts may
be necessary than expected. Please document as thoroughly to ensure others reviewing this transaction
in the future can see it was necessary.
6) While obtaining hotel reservations, taxes are included on the bill. Is this a violation?
No - City employees are not exempt from hotel tax. Hotel tax requires payment.
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X. Bid Procedures
The purpose of the City of The Colony Bid Procedure policy is to ensure all purchase made by the City receive
the most cost-effective and quality of product bid possible. Under no circumstances shall multiple
requisitions be used in combination to avoid other applicable bidding requirements or City Council approval.
To kick-off the process fill out the bid information worksheet found S:\City_Share\Purchasing and
coordination between departments and purchasing will begin until final documentation is presented.
● Purchases more than $100,000.00
State law requires a municipality to use sealed competitive bids or competitive proposals for all purchases
over the $100,000.00 limit and advertised at least twice before the bid opening. Bid opening will happen
14 days after the last advertising date. The City of The Colony advertises in the Dallas Morning News. The
requesting department director and purchasing department will jointly write specifications or proposals for
the sealed bid/proposals procedure. When the bid/proposals have been received and reviewed to ensure
compliance with the bid requirements and specifications, the department director will make his/her
recommendation. The recommendation will be presented to the City Council and they will consider
awarding the contract.
The Purchasing Department is responsible for soliciting offers for bid purchases of
$100,000.00 or more and for providing the requesting department with all bid information and tabulations.
Bid packet submitted to purchasing for advertisement processing to Dallas Morning News no later than
4:00PM Tuesday of the week for advertising.
● Texas Codes Annotated Local Government
• Section 252.062 I. Criminal Penalties
• A municipal officer or employee commits an offense if the officer or employee intentionally or
knowingly makes or authorizes separate, sequential, or component purchases to avoid the
competitive bidding requirements of Section 252.021. An offense under this subsection is a Class B
misdemeanor.
• A municipal officer or employee commits an offense if the officer or employee intentionally or
knowingly violates Section 252.021, other than by conduct described by Subsection (A). An offense
under this subsection is a Class B misdemeanor.
• A municipal officer or employee commits an offense if the officer or employee intentionally or
knowingly violates this chapter, other than by conduct described by Subsection (A) or (B). An
offense under this subsection is a Class C misdemeanor.
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• Section 252.063. Removal; Ineligibility
The final conviction of a municipal officer or employee for an offense under Section 252.062 (a) or (b) results
in the immediate removal from office or employment of that person. For four years after the date of the
final conviction, the removed officer or employee is ineligible:
• To be a candidate for or to be appointed or elected to a public office in this state.
• To be employed by the municipality with which the person served when the offense occurred, or to
receive any compensation through a contract with that municipality.
• This section does not prohibit the payment of retirement or workers compensation benefits to the
removed officer or employee.
• Section 252.021. Competitive Bidding and Competitive Proposal Requirements
Before a municipality may enter into a contract requires an expenditure of more than $49,999.99 from one
or more municipal funds, the municipality must comply with the procedure prescribed by this chapter for
competitive sealed bidding or competitive sealed proposals. The municipality may use the competitive
sealed proposal procedure for high technology purchases, insurance and other services as required.
XI. Formal Bids
All purchases for an item or items whose aggregate total cost will be over $100,000.00 must be
processed as formal bids. Under no circumstances will Purchase Requisitions be split to avoid the
requirement for City Council approval, which is required for all purchases over $100,000.00.
Sealed Bid or Proposal Procedures
It is the policy of the City of The Colony to use a sealed bid proposal or design/build procedure in
compliance with Chapter 252 (Purchasing and Contracting Authority of Municipalities) of the State of
Texas Local Government Code for any Purchasing which will total $100,000.00 or more. The
Purchasing Manager will prepare and solicit all purchases requiring sealed bids.
The competitive bidding process has three key purposes:
• Competitive solicitations for bids help ensure the best available value for funds spent and help
ensure public funds are used appropriately, according to law and only for public projects.
• The bidding process also gives an equal opportunity to those qualified and responsible vendors who
want to do business with the government.
• A standard bidding procedure assures public money properly safeguarded.
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Requirements Under State Law
Before a city may enter into a contract requires an expenditure of more than $100,000.00 from one or
more municipal funds, the city must
Comply with certain statutory procedures for competitive and sealed bidding or competitive sealed
proposals when purchasing goods or services, including high technology items or insurance, and
comply with required prescribed methods of construction Purchasing.
Advertising and Advertising Time Requirements
Local Government Code requires the sealed bid to be advertised publicly with notice of the time and
place at which the bids will be publicly opened and read aloud. The public notice must be published at
least once a week for two consecutive weeks in a newspaper published in the municipality that is listed
as the City's paper of record. The date of the first publication must be before the 14th day before the
date set to publicly open the bids. In addition to the paper of record, the City, at its option may also
advertise with other publications and/or organizations.
Advertising notices for proposed purchases must include:
Requirements or specifications, or statement of where the requirements or specifications obtained,
location and time for receiving and opening solicitations, and name and position of the employee who
receives returned solicitations.
Bid packet submitted to purchasing for advertisement processing to Dallas Morning News no later than
4:00PM Tuesday of the week for advertising.
Bid Specifications
All sealed bids must include complete and detailed specifications of the item or items and/or services to
be purchased. THE CREATION AND SUBMISSION OF SPECIFICATIONS IS THE SOLE RESPONSIBILITY OF
THE USER DEPARTMENT. Purchasing will assist the user department in any way necessary, will not be
responsible for the final content of the specifications. Purchasing is responsible for all remaining parts
of the bids/proposals terms, conditions and document requirements including any legal terminology
required by law.
Bid Preparation and Administration
All sealed bids and proposals will be prepared and administered by the Purchasing Manager. Purchasing
will be responsible for posting the bids on the City's website to ensure all bid information is available on
the website. The bid number will be assigned by the Purchasing Manager and advertising dates, pre-bid
meeting dates and the bid opening date coordinated with Purchasing.
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The Purchasing Manager or their designee will be responsible for the bid opening and reading of the
bids received. Once opened, a pre-audit bid tabulation will be created. Once bid tabulation is
completed, the tabulation along with all bids sent to the initiating department for review and
signature approving tabulation. When all bids have been reviewed, the initiating department will be
responsible for submitting to purchasing a WRITTEN recommendation of bid award and background
wording to be included in the agenda memo to the City Council.
Bid Opening and Pre-Bid Procedures
In order to establish a standardized format for pre-bid and bid opening meetings the following
procedures should be adhered to:
• The Purchasing Manager shall conduct all pre-bid and bid opening meetings.
• In addition to the Purchasing Manager, or the Purchasing Manager's representative, there will be
at least one City employee from the department who submitted the purchase request at all pre-
bid and bid opening meetings. This employee will be knowledgeable of the bid specifications and at
pre-bid meeting should be prepared to answer all questions pertain to the specifications. At bid
openings the purchasing employee will as the recorder of all information read at the bid opening
and will publicly confirm all information was read completely and truthfully. At the bid opening, all
bids will be opened, and all pricing will be called out in accordance with the bid opening
regulations.
Bid Recommendations and State Law Regarding Bid Awards
The requesting department is solely responsible for reviewing the specifications offered in each bid to
ensure the specifications meet the bid requirements and must provide a written review of any bid not
met the specifications. If the bids offered meet the specifications requested, the recommendation may
be made based on the procedures set out in the State of Texas Local Government Code Chapter 252,
Sub Chapter C, 252.043. Under this chapter entitled Award of Contract, the City may award the
contract based on:
• Sub-section (a) of the competitive sealed bidding requirement applies to the contract for goods or
services, the contract must be awarded to the lowest responsible bidder or the bidder who provides
goods or services at the best value for the municipality.
• Sub-section (b) in determining the Best Value for the municipality, the municipality may consider:
• The purchase price;
• The reputation of the bidder and of the bidder's goods and services;
• The quality of the bidder's goods and services;
• The extent to which the goods or services meet the municipality needs;
• The bidder's past relationship with the municipality;
• The impact on the ability of the municipality to comply with laws and rules
relating to contracting with historically underutilized businesses and non-
profit organizations employing persons with disabilities;
• The total long-term cost to the municipality to acquire the bidder's goods or
services;
• Any relevant criteria specifically listed in the request for bids or proposals.
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• Sub-section (c) Before awarding a contract under this section, a municipality must indicate in the
bid specifications and requirements that the contract may be awarded either to the lowest
responsible bidder or the bidder who provides goods or services at the best value for the
municipality.
XII. Request for Proposals
The competitive bidding procedure as provided herein shall be used for the award of all contracts subject to
the provision of this section, except in the case of High Technology purchases in the City may follow the
competitive sealed proposal procedure.
High Technology as defined in Local Government Code Section 252.001 is as follows: The term "high
technology Purchasing" means the Purchasing of equipment, goods, or services of a highly technical nature,
including but not limited to: information processing equipment, telecommunications equipment, radio and
microwave systems, electronic distributed control systems (including building energy management
systems) as well as technical services related to such equipment and goods.
XIII. Procedures for Request For Proposals are as follows
All requests for items to be purchased by Request for Proposal (RFP) must follow the same procedure as
any other request for item(s) estimated to cost over $100,000.00.
Public notice (newspaper advertisements) is made in the same manner as those for competitive sealed
bidding, except the ads will state the proposals will be publicly opened.
The request for proposals shall specify the relative importance of price and other evaluation factors and
the awareness of the contract shall be made to the responsible offer on whose proposal is determined
to be the most advantageous to the City, taking into consideration the relative importance of price and
other evaluation factors set forth in the Request for Proposals. The RFP may contain a "scope of work"
and request a "statement of work".
Discussions in accordance with the terms of a request for proposals and with regulations adopted by
the governing body of the municipality may be conducted with offerors who submit proposals and who
are determined to be reasonably qualified for the award of the contract. Offerors shall be treated fairly
and equally with respect to any opportunity for discussion and revision of proposals. To obtain the best
final offers, revisions may be permitted after submissions and before the award of the contract.
Sub-section (h) of the competitive sealed proposals requirement applies to the contract; the contract
must be awarded to the responsible offer who proposal determined to be the most advantageous to
the municipality considering the relative importance of price and the other evaluation factors included
in the request for proposals.
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In addition, under the State of Texas Local Government Code Chapter 271, Sub Chapter 271.9051 a
municipality may consider a bidder's principal place of business. Other considerations for a bid award
may be:
• The safety record of the bidder;
• Companies or individuals indebted to the municipality;
• Inclusion of required bonding and insurance;
• Any other consideration as listed in the State of Texas Local Government Code.
XIV. Confidentiality of Information in Bids or Proposals
• Trade secrets and confidential information in competitive sealed bids are not open for public inspection.
• If provided in a request for proposals, proposals shall be opened in a manner that avoids disclosure of
the contents of competing offerors and keeps the proposals secret during negotiations.
• Texas Government Code Chapter 252 - All proposals are open for public inspection after the contract is
awarded, but trade secrets and confidential information in the proposals are not open for public
inspection.
XV. Request for Qualifications (RFQ) – The Professional Services Purchasing
Texas Government Code Chapter 2254 defines a specific procedure the City must follow before awarding a
contract for professional services provided by a certified public accountant; architect; land surveyor;
physician or surgeon; optometrist; registered nurse; forensic analyst or forensic science expert; real estate
appraiser; professional engineer or interior design. The City must make the award based on demonstrated
competence and qualifications to perform the services. The City shall first select the most highly qualified
provider, then attempt to negotiate with the provider a contract for a fair and reasonable price.
Texas Government Code Title 10, Chapter 2254. Professional Services are defined as the following:
accounting, architecture, landscape architecture, land surveying, medicine, optometry, professional
engineering, real estate appraising, or professional nursing, forensic science, provided in connection with the
professional employment or the practice of a person licensed or registered as a certified public accountant,
architect, landscape architect, land surveyor, a physician (including a surgeon), an optometrist, a professional
engineer, state certified or state licensed real estate appraiser, a registered nurse or a forensic analyst or
forensic expert provided by a person lawfully engaged in interior design, regardless of whether the person is
registered as an interior designer under Chapter 1053, Occupations Code.
Personal and professional services are exempted from the competitive bidding process and are procured
through the use of Request for Qualifications (RFQ) documents. Purchasing is available to consult with
departments regarding the preparation of information; however, the presentation of technical and
qualifications aspects of personal and/or professional services included in the RFQ documents is the sole
responsibility of the requesting department.
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A. Professional Services rendered by members of a recognized profession as defined by Texas Government
Code Sec. 2254.002 or who possess special skills, which are mainly mental or intellectual, rather than
physical or manual. Texas Local Government Code Sec. 252.022(a) (4) exempts professional services from
competitive bidding requirements.
B. Consulting Services
The service of studying or advising the City under a contract does not involve the traditional relationship
of employer and employee.
XVI. State Contracts and Interlocal Agreements
As provided in Section 271.083 of the Local Government Code, the City may buy items from State contracts.
This section of the Code requires local governments to designate a single point of contract (SPOC) to process
orders. Purchasing is the only designated representative (SPOC) authorized to process requisitions with the
State General Services Commission. Some Federal (GSA) contracts offered through the State may be used
by the City without need for competitive bidding. In all cases involving cooperative purchasing programs,
the Purchasing Department will assist in obtaining comparative pricing to ensure the best value is obtained
for the City.
XVII. Interlocal Agreements
As provided in Chapter 791, Texas Government Code and Chapter 271.102 of the Local Government Code,
the City may enter into an Interlocal agreement with another public entity in the United States for the
purposes of pooling resources to obtain favorable pricing for goods and services. Interlocal Agreement
and Cooperative purchases require City Council approval if exceeding $100,000.00.
XVIII. Other Cooperative Purchasing Programs
Purchasing has established several cooperative purchasing agreements with many public entities (State and
City) approved by City Council. Among them are the Houston-Galveston Area Council of Governments
(HGAC), Omnia Partners, the Local Government Purchasing Cooperative (Buy Board), and others. Complete
list of Cooperative Purchasing agreements may be found at S drive> City Share> Purchasing> Interlocal
Agreement folder. All agreements are established for the purpose of achieving maximum savings to the City
throughpooling economic buying power. A purchase from an approved cooperative satisfies the
requirement for competitive bidding.
XIX. Disaster Purchases
In the event of a tornado, flood, civil riot, or other declared disaster, the City may need to temporarily adjust
its purchasing procedures to meet the needs of the residents. Purchasing will strive to make sure purchases
meet the federal guidelines outlined in 2 CFR 200.317-326. Purchases not following the guidelines in this set
of regulations may not be eligible for FEMA reimbursement.
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Purchasing will take the following actions when making purchases submitted to FEMA for reimbursement.
(This list is not all-inclusive):
Carefully document each purchase.
Include the method used to obtain the good or service.
Include the vendors who were contacted for a quote.
Include HUB vendors in the bidding process.
Include the advertisement.
Include the justification for a particular vendor's selection.
Maintain oversight of contractors to ensure their performance is in accordance with the terms, conditions,
and specifications of the contract or purchase order. Avoid the acquisition of duplicative or unnecessary
items. Use excess or surplus property in lieu of purchasing new equipment and property wherever possible
whenever such use is feasible and reduces project costs. Use Value Engineering clauses in construction
contracts to allow for reasonable opportunities for cost reductions.
Purchases must be conducted in a manner that allows for full and open competition. Small purchases of up
to$100,000.00 must be awarded to the lowest responsible bidder. Three (3) or more quotes must be obtained, and
HUB vendors must be invited to provide a quote. Larger purchases of $100,000.00 or more are subject to competitive
bids or proposals. The City will follow the guidelines set forth in 2 CFR 200.317-326 to ensure that all processes are
documented and all responsible bidders have the opportunity to participate.
No employee, officer, or manager may participate in the selection, award, or administration of a
contract supported by a federal award (FEMA) if they have a real perceived conflict of interest.
Purchase may be made using Texas-based cooperative contracts, however, purchasing must provide
FEMA with proof the contract was bid and awarded in accordance with 2 CFR 200.317-326 in order to
obtain reimbursement.
Piggyback contracts are generally not eligible for FEMA reimbursement. These should be avoided when
making purchases following a disaster. Non-competitive (sole source) purchases are permitted under
the following conditions:
The item is available only from a single source.
The public exigency or emergency for the requirement will not permit a delay resulting from
competitive solicitation.
The Federal awarding agency or pass-through entity expressly authorizes
non-competitive proposals in response to a written request from the City of The Colony. After a
solicitation of a number of sources, competition is deemed inadequate. City will have as many pre-
disaster contracts in place as possible in order to be prepared for a catastrophic event. These contracts
will be current, and purchasing will provide all required documentation to FEMA upon request.
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XX. State Law Regarding Historically Underutilized Business Enterprises
Under the Local Government Code, Historically Underutilized Businesses (HUB) requires the City send
quotations to at least two HUB businesses for all purchases total between $10,000.00 and $100,000.00,
if available. The business must be listed on the State's HUB list
https://mycpa.cpa.state.tx.us/tpasscmblsearch/
Local Government Code requires all Texas governmental entities to contact at least two (2) disadvantaged
businesses on a rotating basis when making any expenditure of more than $10,000.00 but less
than$100,000.00. The disadvantaged businesses contacted must be based on information provided by the
Office of Small Business Assistance of the Texas Department of Commerce. If the list fails to identify a
disadvantaged business in the county in which the City is situated, or if the purchase declared as an
emergency, the City is exempt from this requirement.
XXI. Exemptions from the Competitive Sealed Bid Process
State of Texas Local Government Code Section 252.022 General Exemptions allows certain exemptions to
the Competitive Sealed Bid.
Purchasing made because of a public calamity requires the immediate appropriation of money to
relieve the necessity of the municipality's residents or to preserve the property of the municipality.
Purchasing necessary to preserve or protect the public health or safety of the municipality's
residents.
Purchasing necessary because of unforeseen damage to public machinery, equipment, or other
property.
Purchasing for personal, professional, or planning services.
Purchasing for work performed and paid for by the day as the work progresses.
Purchase of land or right-of-way.
Purchasing of items that are available from only one source, including:
• Patents, copyrights, secret processes, or natural monopolies;
• Films, manuscripts, or books;
• Gas, water and other utility services;
• Captive replacement parts or components for equipment;
• Books, papers, and other library materials for a public library that are only from
persons holding exclusive distribution rights to the materials; and
• Management services provided by a nonprofit organization to a municipal museum,
park, zoo, or other facility to which the organization has provided significant financial
or other benefits.
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Purchase of rare books, papers, and other library materials for a public library.
Paving, drainage, street widening, and other public improvements, or related matters, if at least
one-third of the cost is to be paid by or through special assessments levied on property that will
benefit from the improvements.
A public improvement project, already in progress, authorized by the voters of the municipality, for
which there is a deficiency of funds for completing the project in accordance with the plans and
purposes authorized by the voters.
A payment under a contract by which a developer participates in the construction of a public
improvement as provided by Subchapter C, Chapter 212.
Personal property sold:
1. At an auction by a state licensed auctioneer;
2. At a going out of business sale held in compliance with Subchapter F, Chapter 17,
Business and Commerce Code;
3. By a political sub-department of this state, a state agency of this state, or an entity of the
federal government; or
4. Under a lnter-local contract for cooperative purchasing administered by a regional planning
commission established under Chapter 391.
Services performed by blind or severely disabled persons.
Goods purchased by a municipality for subsequent retail sale by the municipality.
Electricity
Advertising, other than legal notices.
This chapter does not apply to bonds or warrants issued under Subchapter A, Chapter 571.
This chapter does not apply to expenditures by a municipally owned electric or gas utility or unbundled
Departments of a municipally owned electric or gas utility in connection with any purchases by the
municipally owned utility or Departments of a municipally owned utility made in accordance with
Purchasing procedures adopted by a resolution of the body vested with authority for management and
operation of the municipally owned utility or its departments that sets out the public purpose to be achieved
by those procedures. This subsection may not be deeded to exempt a municipally owned utility from any
other applicable statute, charter provision, or ordinance.
This chapter does not apply to an expenditure described by Section 252.021(a) if the governing body of a
municipality determines that a method described by Subchapter H, Chapter 271, provides a better value for
the municipality with respect to the expenditure than the procedures described in this chapter and the
municipality adopts and uses a method described in that subchapter with respect to the expenditure.
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XXII. Brand Name or Equal Specifications
Brand name specifications list a good or service by brand name, model and other identifying specifications
to limit the bidding to a single preferred product. This type of specification discourages competition and
should be avoided unless the item is the only one that will satisfy the City's requirements. It is useful when
purchasing replacement parts where only the brand name item will work. It should be noted that the City
might have to explain in a court of law why another brand will not work, so this type of specification should
be used judiciously. Equal specifications are similar to brand name specifications, except that equal
products are acceptable in place of the named brand.
XXIII. Bonding Requirements
Bids may be subject to bonding requirements. Typically, a bid bond is required for all The Colony projects
or on bids exceeding a specified dollar level, unless City Manager Office states otherwise. This ensures if
the bidder attempts to withdraw after the bid is accepted, the City will not suffer loss.
In Texas, the successful bidder on a public works contract exceeding a dollar level set by law must post a
performance bond. The successful bidder on any other contract exceeding certain dollar levels may have to
post a performance bond if required by the City.
Surety companies authorized to do business in this State should execute the bonds and be verified by The
Colony staff or consultants.
The City should always consider the ramifications in deciding whether to require a bond when there is a
choice. If there is a substantial risk of loss, a bond should be required. The cost of bonding will
undoubtedly be passed along in the contract price.
Bid Bonds
Bid Bonds guarantee that if the City accepts a bid, the contractor will take the job. Each bid shall be
accompanied by an acceptable bid bond issued by a surety licensed to conduct business in the State
of Texas in the amount of 5% of the greatest total amount of Bid. Bid security shall be made payable
to, and shall revert to, the City of The Colony in the event the successful Bidder shall fail to execute
the contract and/or Performance and Payments Bonds, if required, within fifteen (15) days after
receipt of the contract for execution. The City of The Colony reserves the right to retain the Bid
Security of the next two lowest bidders until low bidder enters into contract or until 120 days after
bid opening, whichever is shorter. All other bid security will be returned as soon as practicable. If a
Bidder refuses to enter into a contract, the City of The Colony will retain the Bid Security as
liquidated damages, but not as a penalty.
Payment Bond
A payment bond says the contractor will make all necessary payments to subcontractors and
suppliers It is the security executed by the contractor and the Surety, furnished to the City to
guarantee payment of all legal debts of the contractor pertaining to the contract. The Texas
Government Code mandates that a municipality contracting for public work in excess of
$100,000.00 shall require its contractor to execute a payment bond.
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Performance Bond
A Performance bond says the project will be finished according to the terms of the contract. It is
the security executed by the contractor and the Surety, furnished to the City to guarantee the
completion of the work in accordance with the terms of the contract. A performance bond is
required if the total contract price exceeds $100,000. The contractor shall guarantee all public
improvements for a period of two (2) years after the date of final acceptance by the City. A
maintenance bond shall be in an amount equal to twenty-five (25) percent of the cost of
construction.
Maintenance Bond
Maintenance bonds, otherwise known as warranty bonds, protect the Obligee (Owner) of a
completed construction project from defects beyond the end of the specified warranty period.
Frequently mistaken for insurance, maintenance bonds are not insurance policies.
XXIV. Insurance Requirements
Whenever the City contracts with an outside party (Contractor, consultant or vendor) for goods or services,
the bid or request for proposal that is released to the public should include the indemnity clause (hold
harmless clause), along with a contractual agreement to be executed on award of the contract that transfers
the risk of the project from the City to the contractor. Because the contractor may or may not have the
financial resources to handle the risks transferred in the contract, the City may require insurance be
purchased and maintained by the contractor for financial security.
Most contracts are tailored for individual projects and programs; therefore, certain elements of the
insurance required should be addressed in every contract document. One of the most important elements
is the actual insurance coverage, which includes the coverage types and limits dependent upon the nature
of the project program.
Although not all types and levels of insurance are required for every project (and limits will vary by
exposure), understanding the coverages provided by these policies is important to assure all of the City's
potential liabilities and exposures from the project are property protected. Should any questions arise
about the amounts and types of insurance requirements the initiating department should contact the
Purchasing Manager.
XXV. Insurance
Insurance shall be maintained by the contractor/vendor in accordance with the following:
Except as otherwise specified in the contract, the contractor and their subcontractors of any tier are
required to maintain insurance coverage with policy limits not less than those set forth in this policy. They
are also required to always maintain this coverage at their own expense during the performance of the
work. It shall be the responsibility of the contractor and any subcontractors to maintain adequate insurance
coverage and to ensure all subcontractors are adequately covered at all times. Failure of the contractor and
his subcontractors to maintain adequate coverage shall not relieve them of any contractual responsibility of
obligation.
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CERTIFICATES OF INSURANCE
Prior to commencing work and at the time of execution of the contract and each subcontract, the contractor
and his subcontractors shall furnish the City of The Colony with certificates of insurance as evidence the
policies providing the required coverage and limits of insurance are in full force and effect. The certificates
of insurance shall name the City as an additional insured where applicable on both Automobile and General
Liability policies. The certificates shall provide any company issuing an insurance policy for the work under
contract shall provide, in writing, no less than 30 days' advance notice of cancellation, nonrenewal, or
material change in the policy of insurance. In addition, the contractor shall immediately provide written
notice to the City of The Colony when a decision to cancel, terminate, or alter any insurance policy.
Certificates of insurance for contractor and subcontractor-furnished insurance and notices or cancellations,
terminations, or alterations of such policies shall be mailed to:
Purchasing
City of The Colony
6800 Main Street
The Colony, TX 75056
COMMERCIAL GENERAL LIABILITY
This insurance shall be an "occurrence" type policy written in comprehensive form and shall protect the
contractor, their subcontractors, and the additionally insured against claims arising from bodily injury,
sickness, disease or death of any person other than the contractor's employees, as well as damage to
property of the City of The Colony or others arising out of an act of omission of the contractor,
subcontractor, or their Managers or employees. This policy shall also cover Premises, Operations,
Independent Contractors, Products/completed operations, Personal Injury, Contractual Liability, Damage
to property rented by the City. The liability shall not be less than:
General Aggregate: $2,000,000
Bodily Injury and Property Damage Each
Occurrence: $1,000,000
Products and Completed Operations
Aggregate: $2,000,000
BUSINESS AUTOMOBILE LIABILITY
This insurance shall be written in the comprehensive form and shall protect the contractor and his
subcontractors and the additional insured against all claims of others arising from the use of motor vehicles,
whether they are owned, non-owned, or hired. The limit of liability shall not be less than:
Bodily Injury: $500,000 per person
$1,000,000 per occurrence
Property Damage: $100,000
Or Combined Single limit: $1,000,000
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It is understood the purpose of the insurance required is to cover any liability that may result, not only against
the contractor/vendor but also against the City, as a result of contractor/vendor performance of a contract
or work performed within the City of The Colony. Therefore, such insurance shall not include any exclusion,
which may be relied upon to cause the City not to be covered. Generally, the insurance coverage provided
by a company rated A+ or A in the current Best Key Rating Guides.
All insurance other than Worker's Compensation shall be of the occurrence type.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
The insurance shall protect the contractor and the subcontractors against all claims under applicable state
works' compensation laws. The insured shall agree to hold the City harmless from claims for injury, disease,
or death of employees which, for any reason, may not fall within the provision of workers' compensation
law. The limits carried under part two, Employers Liability shall be:
Bodily Injury by Accident $1,000,000 Each Accident Bodily Injury
by Disease $1,000,000 Each Employee Bodily Injury
by Disease $1,000,000 Policy Limit
INDEMNIFICATION
For the consideration included in the bid price, the contractor and their subcontractors shall pay, indemnify,
and hold harmless the City, its Managers, guests, consultants, invitees, and employees for all suits, actions,
claims, demands, damages, losses, expenses, including attorney fees, court costs and judgement of every
kind and description to with the City, its Managers, guests, consultants, invitees, or employees may be
subjected to by property damage; reason of injury to persons; death; omission; negligence or gault of the
contractor, its subcontractors, their Managers, or employees committed in connection with this contract,
contractor's performance hereof or any work performed hereunder.
The contractor and his subcontractor shall indemnify and hold harmless the City, its Managers, employees
and consultants \including the Engineer), from and against all claims, demands, actions, suits, damages,
losses, expenses, costs including attorney fees, court costs and judgements of every kind and description
arising from, based up on, or arising out of the violation of any federal, state, country, or city law, bylaw,
ordinance or regulation by the contractor, its Managers, trainees, invitees, servants, and employees.
WAIVER OF SUBROGATION
The contractor and his subcontractors shall require their insurance carrier, with respect to all insurance
policies, to waive all rights of subrogation against the City of The Colony, its commissioners, partners, officials,
directors, officers, Managers and employees and against all other contractors and subcontractors.
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CONTRACTOR SAFETY SPECIFICATIONS
City safety personnel or any supervisor may, but is not required to, order work be stopped if a condition of
immediate danger is found to exist. Nothing contained herein shall be construed to shift responsibility or risk
of loss for injuries or damage sustained as a result of a violation of the Article from the contractor to the City
of The Colony, its employees or Managers. The contractor shall remain solely and exclusively responsible for
compliance with all safety requirements and for the safety of all persons and property at the project site.
The parties hereto expressly agree the obligation to comply with applicable safety provisions is a material
provision of the contract and a duty of the contractor. The City of The Colony reserves the right to require
demonstration of compliance upon reasonable request. In the event the contractor is unable to demonstrate
compliance with the safety provisions of the contract, the parties agree that such failure is deemed to be a
material breach of agreement; and the contractor agrees that upon such breach, all work pursuant to the
contract shall terminate until demonstration to the City of The Colony that the safety provisions of the
agreement have been complied with. In no event shall action or failure to act on the part of the City of The
Colony be construed as a duty to enforce the safety provisions of the agreement nor shall it be construed to
create liability for the city, its employees or Managers, for any act or failure to act in respect to the safety
provisions of the agreement.
Safety Equipment - The contractor shall be responsible for the safety equipment to be used by its employees
and/or all of its subcontractors working on the City of The Colony's property. This equipment will include, but
may not be limited to, hard hats, safety belts or harnesses, eye, face, hand, ear, or hearing protection. Sport
or athletic type shoes not considered suitable work shoes on any construction site.
Purchasing Subject to Federal Funding
The United States Office of Management and Budget (0MB) issued the Uniform Guidance, which reforms
rules applicable to entities receiving federal grant funding by streamlining and superseding eight 0MB
circulars (A-21, A-87, A-122, A-110, A-102, A- 133, A-50 and A-89). The new Purchasing standards are found
in Subpart D: Post Federal Award Requirements: 2 CFR §200.317 through §200.326 and became effective
December 26, 2014. The 0MB issued addenda to the Uniform Guidance, including its final addendum on May
17, 2017, indicating implementation of the new Purchasing standards and following the OMB's prior guidance
during the allotted grace periods. The new Purchasing standards will apply to new and incrementally funded
awards, and implementation will commence on October 1, 2019.
A. Notice of Adoption
The City of The Colony elected to utilize the extension offered by the United States Office of Management
and Budget (0MB) for implementation of the new Purchasing standards accompany the Uniform
Guidance. Per an addendum issued by the 0MB on May 17, 2017, the new standards will apply starting
with fiscal years beginning on or after October 1, 2018, thereby applying to the City in Fiscal Year 2020.
B. Compliance
In compliance with Federal and State rules, all local government purchasing entities are required to check
the list of vendors excluded from doing business at the federal level by utilizing the federal Excluded
Persons List System (EPLSJ. No contract awarded to any person/entity listed on the EPLS system.
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Users can access the EPLS system at www.sam.gov to perform a search for excluded vendors or contact
purchasing for assistance.
NOTE: This requirement is mandatory for any Purchasing transaction regardless of funding stream.
C. Additional Standards
In addition to the City's adopted procedures described above, which are incorporated herein by
reference, the City shall abide by the following purchasing procedures applicable to Purchasing subject
to federal funding as referenced in 2 C.F.R. 200: Uniform Administrative Requirements, Cost Principals
and Audit Requirements for Federal Awards (Uniform Guidance), which is hereby incorporated by
reference.
Compliance Requirements - Purchasing
The following is an overview of the Purchasing standards and procedures applicable when procuring property
and services under a Federal award in accordance with 2 CFR §200.317 through §200.326, which are hereby
incorporated by reference.
The City, as a non-Federal entity other than State, will follow §200.318 General Purchasing standards through
§200.326 Contract provisions. [See §200.317].
A. Purchasing Procedures
The City will use its own documented Purchasing procedures, which reflect applicable State and local
laws and regulations, provided the purchases conform to applicable Federal statutes and the Purchasing
requirements identified in 2 CFR part 200. [See §200.318(a)].
B. Conflicts of Interest/Standards of Conduct
The City will maintain written standards of conduct covering conflicts of interest and governing the
actions of its employees engaged in the selection, award and administration of contracts.
1. No employee, officer, or Manager may participate in the selection, award, or administration of a
contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer, or Manager, any member of his or her
immediate family, his or her partner, or an organization which employs or is about to employ any of
the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a
firm considered for a contract.
2. Officers, employees, and Managers of the City may neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or parties to subcontracts. However, non-Federal
entities may set standards for situations in which the financial interest is not substantial or the gift is
an unsolicited item of nominal value.
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3. If the City has a parent, affiliate, or subsidiary organization not a state, local government, or Indian
tribe, the City will also maintain written standards of conduct covering organizational conflicts of
interest. Organizational conflicts of interest mean that because of relationships with a parent
company, affiliate, or subsidiary organization, the City is unable or appears to be unable to be
impartial in conducting a Purchasing action involving a related organization.
4. The City will disclose any potential conflicts of interest in writing to the Federal awarding agency or
pass-through entity in accordance with applicable Federal awarding agency policy. [See 2 CFR
§200.112]. Additionally, the City will disclose, in a timely manner, in writing to the Federal awarding
agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or
gratuity violations potentially affecting the Federal award. Further, if applicable, the City will make
post-award reports as provided by Appendix XII to Part 200. Failure to make a required disclosure
may result in any number of significant remedies, including suspension or debarment. [See 2 CFR
§§200.113 & 200.338].
5. Violations of this policy may result in disciplinary action consistent with City disciplinary policy,
including but not limited to dismissal. Further, violations referred to the appropriate law
enforcement agency for investigation and possible prosecution.
C. Oversight
Once the Contract is awarded, oversight must be maintained to ensure contractors perform in
accordance with the terms, conditions, and specifications of their contracts or purchase orders.
All proposed purchasing actions reviewed to avoid the purchase of unnecessary or duplicative items.
Where applicable, consideration is given to consolidating or breaking out Purchasing to obtain a more
economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives,
and any other appropriate analysis to determine the most economical approach.
D. State and Local Intergovernmental Agreements
The City may enter into state and local intergovernmental agreements where appropriate for Purchasing
or use of common or shared goods and services. [See §200.318(e)] Federal excess and surplus property
may be used in lieu of purchasing new equipment and property whenever such use is feasible and
reduces project costs. [See §200.318(()]
E. Construction Project Contracts
Construction project contracts of sufficient size may use value engineering clauses, as defined in
§200.318(g) to offer reasonable opportunities for cost reductions.
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F. Awarding Contracts
Contracts awarded only to responsible contractors possessing the ability to perform successfully under
the terms and conditions of a proposed Purchasing. Consideration will be given to such matters as
contractor integrity, compliance with public policy, record of past performance, and financial and
technical resources, as well as whether the contractor is suspended or debarred from receiving federal
funds. [See §200.318(h)]. The City will maintain records sufficient to detail the history of Purchasing in
accordance with §200.318(i).
The City, in accordance with provisions set forth in §200.3180), may use a time and materials type
contract only after a determination no other contract is suitable and if the contract includes a ceiling
price that the contractor exceeds at its own risk.
G. Contract Disputes
The City alone shall be responsible, in accordance with good administrative practice and sound business
judgment, for the settlement of all contractual and administrative issues arising out of Purchasing
pursuant to provisions set forth in §200.318(k).
H. Competition
All Purchasing transactions will be conducted in a manner providing full and open competition consistent
with the standards of §200.319.
In order to ensure objective contractor performance and eliminate unfair competitive advantage,
contractors that develop or draft specifications, requirements, statements of work, or invitations for bids
or requests for proposals excluded from competing for such purchasing. Some of the situations
considered restrictive of competition include but are not limited to:
1. Placing unreasonable requirements on firms in order for them to qualify to do business;
2. Requiring unnecessary experience and excessive bonding;
3. Noncompetitive pricing practices between firms or between affiliated companies;
4. Noncompetitive contracts to consultants that are on retainer contracts;
5. Organizational conflicts of interest;
6. Specifying only a "brand name" product instead of allowing "an equal" product to be offered and
describing the performance or other relevant requirements of the Purchasing; and
7. Any arbitrary action in the Purchasing process. §200.319(a)
I. Geographical Limitation
Unless specifically excepted as provided in §200.319(b), the City will conduct Purchasing in a manner that
prohibits the use of statutorily or administratively imposed state or local geographical preferences in the
evaluation of bids or proposals.
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J. Procedure Requirements
In accordance with the provisions indicated in §200.319(c), the City's written procedures for Purchasing
transactions shall incorporate a clear and accurate description of the technical requirements for the
material, product, or service to be procured and include all requirements which the offerors must fulfill
and all other factors to be used in evaluating bids or proposals.
All prequalified lists of persons, firms, or products which are used in acquiring goods and services shall
be kept current and include enough qualified sources to ensure maximum open and free competition,
and potential bidders will not be precluded from qualifying during the solicitation period. [See
§200.319(d)].
K. Methods of Purchasing with Federal Funds
The City will use one of the following five Purchasing methods as discussed in 2 CFR §200.320 when
making purchases with federal funds. Should State or local Purchasing requirements applicable to a
purchase with federal funds be more restrictive than Federal requirements, the more restrictive
requirements or methods will be followed. The type of Purchasing process to use will depend on the cost
and type of services or item(s) being purchased:
• Micro-purchase
• Small purchase procedures
• Sealed bids
• Competitive proposals
• Noncompetitive proposals (sole source)
L. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area
Firms
The City takes all necessary affirmative steps as described in §200.321 to assure minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
M. Purchasing of Recovered Materials
If applicable, the City and its contractors will comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. [See §200.322]. This provision applies to a
non-Federal entity that is a state agency or an agency of a political sub-department and its contractors.
N. Contract Cost and Price
The City will abide by the provisions of §200.323 including, but not limited to performing a cost or price
analysis and negotiating profit as discussed therein.
Federal Awarding Agency or Pass-Through Entity Review
In accordance with §200.324, the City will make available upon request from the Federal awarding agency or
pass-through entity:
A. Technical specifications on proposed Purchasing where the Federal awarding agency or pass-
through entity believes such review needed to ensure the item or service specified one being
proposed for acquisition
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B. Purchasing documents, such as requests for proposals or invitations for bids, or
independent cost estimates, for pre-Purchasing review, under the circumstances listed therein.
Additionally, §200.326(c) provides an exemption to the pre-purchasing review if it is determined
Purchasing systems comply with the standards of this part. To this end, the City may request
Purchasing system be reviewed by the Federal awarding agency or pass-through entity to determine
whether the system meets federal standards in order for the system to be certified; or the City may
also self-certify its Purchasing system in accordance with the provisions in §200.324(c), which does
not preclude Federal awarding agency or pass-through entity right to survey the system.
Contract Provisions
Pursuant to §200.326 the City will include in all federally-funded contracts, the applicable provisions
described in Appendix II to 2 CFR Part 200 - Contract Provisions for non-Federal Entity Contracts under
Federal Awards.
XXVI. Contractual Agreements for Services
1. Introduction and Purpose
Written contracts are essential tools for protecting the interests of the City and ensuring transparency,
accountability, and legal enforceability in the procurement of services. Clear contractual agreements help
prevent misunderstandings, define responsibilities, and minimize financial, legal, and operational risk. They
provide a definitive record of the terms under which services are performed, and funds are expended.
By requiring all service-related procurements, whether for infrastructure, operations, or professional
consulting—to be documented through formal contracts, the City ensures:
Compliance with Texas state law;
Consistency and fairness in vendor relationships;
Clear scope, cost, and performance expectations;
Improved audit readiness and financial control.
This section establishes the City's minimum standards for contract formation, execution, and management
and applies uniformly across departments.
2. Legal Authority
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This section is adopted in accordance with the following laws and administrative requirements:
Texas Government Code § 2252.904(b): Requires formal written agreements for governmental
service contracts.
Texas Government Code § 2252.032: Establishes requirements for public works contracts and
retainage handling.
Texas Government Code Chapter 2254: Governs procurement of professional services (e.g.,
engineers, architects, attorneys).
Texas Administrative Code Title 34, § 20.221(g): States that contracts are not binding unless signed
by all parties.
Texas Business and Commerce Code § 26.01: Requires written contracts for agreements not
performable within one year.
3. Applicability
This section applies to:
All City departments and divisions;
All service-related procurements, including:
o Public works services (construction, improvements, infrastructure repair);
o Non-public works services (consulting, IT, maintenance, administrative support, or other
general services);
o Professional services (licensed engineers, architects, legal, financial, or similar services).
4. Requirements for Contract Use
4.1 Written Contract Requirement
All service agreements must be documented in a written contract executed by all required parties
before services commence.
No verbal agreements, emails, or memorandum of understanding shall substitute for a contract.
4.2 Public Works Contracts
Must include:
o A clear scope of work, payment terms, retainage clauses (if applicable), and duration.
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o Provisions compliant with Gov’t Code § 2252.032 on retainage.
o Execution by the City Manager (or designee) and approval as required by purchasing
thresholds.
Filed with the City Secretary and assigned a contract number by Finance or Procurement.
4.3 Non-Public Works / General Service Contracts
Must include:
o Defined deliverables, pricing, terms, and responsibilities.
o Review by the City Attorney for legal sufficiency if the value exceeds $9,999.99 or includes
liability clauses.
o Approval by the Department Head and execution by the City Manager or their designee.
4.4 Professional Services Contracts
Must comply with Gov’t Code Chapter 2254:
o Selection based on qualifications (not price bidding);
o Negotiation of fair and reasonable compensation;
o Formal written agreement approved and executed by appropriate authority.
5. Contract Execution and Filing
No contract is valid or binding until:
o Reviewed (if required);
o Signed by all parties;
o Assigned a contract number by Procurement or Finance;
o Filed in the City’s official contract management system;
o Retained according to records retention policies.
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6. Contract Monitoring and Amendments
Departments are responsible for:
o Tracking contract performance and deliverables;
o Ensuring compliance with terms;
o Managing timelines, invoicing, and renewals.
Contract amendments (scope, cost, term) must be:
o In writing;
o Approved and executed in the same manner as the original agreement.
7. Compliance and Enforcement
Failure to comply with this section may result in:
o Suspension of payment;
o Return of unauthorized invoices;
o Corrective action, including potential disciplinary measures.
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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, ADOPTING A REVISED PURCHASING POLICY
MANUAL FOR THE CITY OF THE COLONY, TEXAS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, in 2025, the Texas Legislature approved S.B. 1173, which amended Section
252.021(a) of the Texas Local Government Code to provide that cities must comply with the
procurement process for purchases of more than $100,000.00 or more; and
WHEREAS, the City Council of the City of The Colony, finds and determines the City’s
Purchasing Policy Manual, attached hereto as Exhibit A, should be amended to address the
changes made by the Texas Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are hereby found to be true and correct findings
of the City and are incorporated into the body of this Resolution as if fully set forth herein.
SECTION 2. The City Council of the City of The Colony, Texas, does hereby approve
the revised Purchasing Policy Manual, a copy of which is attached hereto as Exhibit A, and is
incorporated herein for all purposes.
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto to 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 4. This Resolution shall become effective immediately upon passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 2nd DAY OF SEPTEMBER 2025.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
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ATTEST:
_______________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
_______________________________
Jeffrey L. Moore, City Attorney
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Exhibit A
[Purchasing Policy Manual]
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Agenda Item No: 5.6
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 2025
Submitted By: Ana Alvarado
Submitting Department: Finance
Item Type: Ordinance
Agenda Section: regular agenda items
Suggested Action:
Discuss and consider approving an ordinance adopting 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:
Attachments:
Ord. 2025-xxxx FY25-26 Budget
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2025 - ________
ADOPT MUNICIPAL BUDGET FOR FISCAL YEAR 2025-2026
AN ORDINANCE OF THE CITY OF THE COLONY, APPROVING AND
ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2025, THROUGH SEPTEMBER 30, 2026;
PROVIDING FOR THE INTRA AND INTER-DEPARTMENT FUND
TRANSFERS; PROVIDING THAT EXPENDITURES FOR SAID FISCAL
YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Assistant City Manager for the City of The Colony, Texas has heretofore
filed with the City Secretary, a proposed general budget for the City covering the fiscal year 2025-
2026; and
WHEREAS, a public hearing was duly held and all interested persons were given an
opportunity to be heard for or against any item therein in accordance with the Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1: That the attached budget, presented by the City Manager and reviewed
during Council meetings and work sessions, and as amended be approved for the fiscal year 2025-
2026.
SECTION 2: That the City Manager be and is hereby authorized to make intra and
Council approved inter-departmental fund transfers during the fiscal year as becomes necessary in
order to avoid over-expenditures of a particular account.
SECTION 3: That said Budget as attached hereto as Exhibit “A” of this Ordinance, and
made a part hereof for all purposes, is hereby approved in all respects and is adopted as the City’s
budget for the fiscal year beginning October 1, 2025, and ending September 30, 2026.
SECTION 4: The fact that the fiscal year begins on October 1, 2025, requires that this
Ordinance be effective upon its passage and adopted to preserve the public peace, property, health
and safety, and shall be in full force and effect from and after its passage and adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 2nd DAY OF SEPTEMBER 2025.
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
__________________________________
Tina Stewart, TRMC, CMC, City Secretary
148
2
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
149
Agenda Item No: 5.7
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 2025
Submitted By: Ana Alvarado
Submitting Department: Finance
Item Type: Ordinance
Agenda Section: regular agenda items
Suggested Action:
Discuss and consider an ordinance approving 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. (Miller)
Background:
Attachments:
Ord. 2025-xxxx Tax Rate Amendment FY25-26
150
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2025 - _______
ADOPT TAX RATE FOR FISCAL YEAR 2025-2026
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, LEVYING
THE AD VALOREM TAXES FOR THE FISCAL YEAR 2025-2026 AT A
RATE OF $.6300 PER ONE HUNDRED DOLLARS ($100) ASSESSED
VALUATION OF ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2026; TO
PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES
AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL
OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND
DELINQUENT DATES TOGETHER WITH PENALTIES AND
INTEREST; AND DECLARING AN EFFECTIVE DATE.
BE IT SO ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1: That there be and is hereby levied for the fiscal year 2025-2026, on all taxable
property, real, personal and mixed, situated within the limits of the city of The Colony, Texas, and
not exempt by the Constitution of the State and valid State laws, a tax of $.6300 on each One
Hundred Dollars ($100) assessed value of taxable property, and shall be apportioned and
distributed as follows:
(a) For the purpose of defraying the current expenses of municipal government of the
City, a tax of $.4813 on each One Hundred Dollars ($100) assessed value of all
taxable property.
(b) For the purpose of creating a sinking fund to pay interest and principal on all
outstanding bonds of the City, not otherwise provided for, a tax of $.1487 on each
One Hundred Dollars ($100) assessed value of all taxable property, within the City,
which shall be applied to the payment of such interest and maturities of all
outstanding bonds.
SECTION 2: That all ad valorem taxes shall become due and payable on October 1, 2025 and all
ad valorem taxes for the year shall become delinquent after January 31, 2026. There shall be no
discount for payment of taxes prior to January 31, 2026. If any person fails to pay the ad valorem
taxes on or before the 31st day of January 2026, the following penalties shall be payable thereon,
to-wit:
During the month of February, seven percent (7%); during the month of March, nine
percent (9%); during the month of April, eleven percent (11%); during the month of May, thirteen
percent (13%); during the month of June, fifteen percent (15%); and on or after the 1 st day of July,
eighteen percent (18%).
151
2
SECTION 3: Taxes are payable at the Denton County office of the tax collector who on behalf
of The Colony collects ad valorem taxes for The Colony. The City shall have available all rights
and remedies provided by law for enforcement of the collection of taxes levied under this
Ordinance.
SECTION 4: That the tax rolls, as presented to the City Council, together with any supplement
thereto, be, and the same are hereby approved.
SECTION 5: The fact that it is necessary that this Ordinance be enacted in order to authorize
the collection of ad valorem taxes for the fiscal year 2025-2026, this Ordinance shall take effect
from and after its passage as the law in such cases provides.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 2nd DAY OF SEPTEMBER 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
152
Agenda Item No: 5.8
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 2025
Submitted By: Ana Alvarado
Submitting Department: Finance
Item Type: Resolution
Agenda Section: regular agenda items
Suggested Action:
Discuss and consider approving a resolution amending the Fiscal Year 2024-2025 Master Fee Schedule
for the Fiscal Year 2025-2026, effective October 1, 2025 . (Miller)
Background:
The Master Fee Schedule details fees for services that are provided to our residents and customers.
While the primary mission of government is to satisfy community needs, many City services solely
benefit specific individuals or businesses. It is the City’s policy that the public at large should not
subsidize activities of private interest through general tax revenues. The City has therefore established
user fees to ensure that those who use proprietary services pay for those services in proportion to the
benefit received. Fees that do not recover the full cost of providing the service result in a General Fund
subsidy which shifts funds away from other critical and high priority programs that may not have similar
cost recovery options. Each year staff review operational costs, regional market assessments,
participation analysis, and council direction of the myriads of fees to analyze each section of the Master
Fee Schedule and recommend changes. Attached is a copy of the redline Master Fee Schedule to show
the proposed changes to the Fiscal Year 2025-2026 Master Fee Schedule and a memo describing each
change.
Attachments:
FY 2025-2026 Master Fee Schedule_draft 8.22.25.cleaned.pdf
Res. 2025-xxx Master Fee Schedule.doc
153
Master Fee Schedule
October 01, 2025 - September 30, 2026
154
ANNUAL PERMITS
Donation Box
$100
$100
Newspaper Box
Fee Not Required as of 10/01/15
Fee Not Required as of 10/01/15
Rental Registration & Inspection - Suspended at this time
First Inspection = $50
Follow-up re-inspection = no fee
Third re-inspection = $100
Fourth re-inspection = $250
Flatwork $50
Rental Registration - Suspended at this time TBD $5 per unit annually
Same Day Inspection (At the discretion of the Building Official.
During Business Hours.
Attendance of 0-249 Persons
Attendance of 250-1,999 Persons
Attendance of 2,000+ Persons
Schedule fee doubled
$75
$50 per hour (2 hour maximum)
$100 per hour (2 hour maximum)
$200 per hour (2 hour maximum)
$50
$150
$250
Copies (11" X 17" or greater)
Color Copies larger than 11" X 17"
After Hours Inspection (At the discretion of the Building Official.)
Holiday Inspection (At the discretion of the Building Official, includes weekends in conjunction with holidays.)
Special Event Permit:
Work Performed without a Permit
Re-inspection
$0.159 per sq ft (minimum $50)
$50
$75
Commercial Tree Removal
Other required permits not specifically listed
Archiving Fee
Residential Remodel, Addition
Re-roofing - Multi-Family / Commercial
Re-roofing - Single Family
Temporary Commercial Structure
Manufactured Home Inspection
Manufactured / Modular Home Moving Permit
$100
$275
$100
$0.159 per sq ft (minimum $50)
$10 per $1,000 value ($100 minimum)
$75
$50.00 + $100.00 for each protected tree to be removed
$10 per $1,000 value ($100 minimum)
Miscellaneous
$5 per page
$100
$75
Siding $75
Solar $150
Window/Door Replacement $50
Foundation Repair
Donation Box - Annual Permit
Rental Inspection - per unit inspected - (Multi-Family) - TBD
Rental Inspection - per unit inspected -TBD
Fifth and subsequent re-inspections = $500 each
First Inspection = $5
Follow-up re-inspection = no fee
Third re-inspection = $100
Fourth re-inspection = $250
Fifth and subsequent re-inspections = $500 each
$10 per unit
$100 per unit
COMMERCIAL & MULTI-FAMILY PERMITS
(NEW CONSTRUCTION)
Valuation and fee determined per the "Square Foot Construction Costs"
table provided each August by the International Code Council with a
permit fee multiplier of 0.0090 (See TABLE 2)
Valuation and fee determined per the "Square Foot Construction Costs"
table provided each August by the International Code Council with a
permit fee multiplier of 0.0050 (See TABLE 2)
Donation Box - Relocation Permit
Newspaper Box - Annual Permit
Newspaper Box - Relocation
Commercial Cell Tower
Flagpole Installation (over 20' in height)
Demolition
Residential Building Permit
Residential Accessory Structure
Late Rental Registration - TBD
Late Rental Inspection - TBD
Commercial Building Permit
Commercial Alteration, Remodel, Total Finish Out (TFO)
NEW RESIDENTIAL HOME PERMITS
(NEW CONSTRUCTION)
$1.01 PER SQUARE FOOT
Other Building Permits
$15 each
$50 each
$.10 per page
$.50 per page
$1 per square foot
Organization Event Sign Permit
Tent, Bounce House, Climbing Wall
Small Copies (up to 8 1/2" X 14")
155
Short Term Rental Registration and Fire Inspection $500 Annual Inspection Fee
$100
$75
Fire Re-Inspection
Storage Tanks
Mobile Food Unit Fire Inspection
State Mandated Fire Inspection
Sign Plan Review
Plan Amendment Fee
General Contractor**
$20
$100
Contractor License/Registration
$75 per registration annually
**General Contractor shall include, but not to be limited to, the following contractors:
commercial, residential, moving, pool, fence, sign, demolition, foundation, remodeling, etc.
Fire Plan Review/Permit
$75
$0
$0
$75 for the first
$150 for the second
Above Ground - $100
Underground - $150
$50 or 25% of building permit fee, whichever is greater
25% of building permit fee
25% of building permit fee
$50
Solar Review & Inspection
Fire Line Permit
$75
In Ground / Above Ground Swimming Pool
Pool/Spa Permit
$200
$200
$150
Sign Permit
0 - 29.99 sq ft = $30
Billboard - Annual Renewal
Other Building Permit Plan Review $50 or 25% of building permit fee, whichever is greater
Swimming Pool/Spa Plan Review $50 or 25% of building permit fee, whichever is greater
$50 - each additional
Double permit fee
Fire Alarm Permit Fee
(Based on the number of signal initiating devices)
Special Locks
ERRCS (Emergency Radio Responder Coverage System)
Vent Hood Permit
Working without a permit
Fire Panel Replacement Only
Fire Plan Review
Plan Review Re-submittal
Fire Communicator Replacement Only $100
$175
$200
$100
400 - sq ft and up = $300
$100
$45
$75
New Lawn Sprinkler System & Backflow Test
Plumbing Permit
30 - 48 sq ft - $45
0 - 24.99 sq ft = $30
25 - 49.99 sq ft = $45
50 - 99.99 sq ft = $60
100 - 299.99 sq ft = $125
300 - 399.99 sq ft = $200
$150
Certificate of Occupancy
$75
$75
Scheduled fee doubledOperating a business without a C of O
Re-Inspection Fee - Building Inspections
Signage license agreement review
Inflatable Sign
Billboard - Registration
Sign Permit
Spray Park / Splash Zone
Hot Tub or Spa
Banner Sign
Temporary Power Pole/Clean & Show
Subdivision & Commercial: $50.00 plus $0.25 per linear footRetaining Wall
$10.00 for every $1,000 value ($100 minimum)
BUILDING PERMITS
Electric Permit
$10.00 for every $1,000 value ($100 minimum)
$100
Fencing/Retaining Wall Permit
1 lot: $50
Subdivision: $50.00 plus $0.25 per linear foot
1 lot: $75
Mechanical Permit
$10.00 for every $1,000 value ($100 minimum)
Plumbing Permit
Fence
Electrical Permit
Mechanical Permit
Annual Backflow Inspection Report
Backflow Repair / Replacement Permit
$53 per device annually
$75
$125
Multi-Family Plan Review
Application Fee/Non-Refundable
Residential Plan Review
Accessory Structure
Remodels
Commercial Plan Review
$150
$100 - first hood
1 - 25 devices = $150
26 - 50 devices = $200
51 - 75 devices = $250
76 - 100 devices = $325
Group Home - Annual Fire Inspection
CO2 System
101 devices = $350 + $.75 per device over 100
1 - 100 sprinkler heads = $175
101 - 200 sprinkler heads = $200
$100
$75
$225
Fire Sprinkler Permit
(Based on the number of sprinkler heads)
201 - 300 sprinkler heads = $225
301 - 400 sprinkler heads = $250
401 - 500 sprinkler heads = $300
over 500 sprinkler heads = $250 + $.25 per sprinkler over 500
Certificate of Occupancy
Temporary Certificate of Occupancy
Re-inspection Fee - Fire/Annual Fire Co Inspection
Building Plan Review
$50 or 25% of building permit fee, whichever is greater
$100
156
$5,000
All others = $250 + $72 per acre or portion thereof
$300 + $10 per acre or portion thereof
Single Family / Duplex = $375 + $15 per lot
All others = $250 + $72 per acre or portion thereof
Multi-Family / TH = $250
+ $144 per acre or portion thereof
1 - 5 addresses = $100
3/4" Tap & Meter
1" Tap & Meter
Tap & Meter fee includes a service connection from main line to meter within (50) feet. Connections greater than
fifty (50) feet shall include a "per foot" fee.
4" Sewer Tap
6" Tap Only
8" Tap Only
10" Tap Only
Sewer/Fire Line Tap
$570
$865
$1,410
$2,220
4" Fire Line Tap
6" Fire Line Tap
8" Fire Line Tap
$1,895
$2,415
$3,210
10" Fire Line Tap
1.5" Tap & Meter
Plat Extension
Vacating Plat
5/8" Tap & Meter
6 - 10 addresses = $225
11 + addresses = $400
$100
$650
Water Meter
$475
$595
$730
$1,085
Street Address Change/Street Name Change
$375
$100
$375
$350
Variance Application $350
$350
$50 per property (within 7 business days)
Minor Plat
Conveyance Plat
Final Plat / Amending Plat
Replat
Single Family / Duplex = $375.00 + $15.00 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
All others = $250
+ $72 per acre or portion thereof
Single Family / Duplex = $375 + $15 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
Permit for Sexually Oriented Business
Preliminary Plat
All others = $250
+ $72 per acre or portion thereof
Platting
Single Family / Duplex = $375 + $15 per lot
Multi-Family / TH = $250
+ $144 per acre or portion thereof
10 - 24.99 acres or portion thereof = $825
25 - 49.99 acres or portion thereof = $1,000
50 - 99.99 acres or portion thereof = $1,250
100+ acres = $200 + $12 per acre
Annexation Petition
Zoning Amendments, Planned Developments, Specific Use Permits, Site Plan
Irrigation Permit
Combine MUZ, NSV, and Irrigation
Renewal Permits
$70 per property (within 3 business days)
$150 per sign (refundable)
$500 annual permit
$35 + Mitigation Fees
$20
Zoning
Cost ($400 minimum)
$500
Public Hearing Sign Deposit
SUP Amendment
Special Exception
0 - 4.99 acres or portion thereof = $375
5 - 9.99 acres or portion thereof = $650
Gateway Standards Waiver
Zoning Verification Letter
MUZ Permit
Narrow Shoreline Variance Permit $25 + Mitigation Fees
$20
PD Amendment
Site Plan Amendment Review
Annexation Notice
Shoreline Mitigation Fees
$20
$1,200
$1,625
$1,895
$2,415
$3,210
$4,270
$500
$20 per foot
2" Tap & Meter
3" Tap Only
4" Tap Only
6" Sewer Tap
8" Sewer Tap
10" Sewer Tap
When a paved road must be bored to make tap
157
$1,295
$4,144
$10,085
$20,170
$32,272
$32,272
$40,340
$64,544
$47,656
4" Compound Meter $12,950
4" Turbine Meter $21,756
$130,400
$203,750
NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees.
3" Compound Meter $8,288
3" Turbine Meter $12,432
2" Compound Meter $4,144
2" Turbine Meter $5,180
$518
3/4" PD
1" PD
$990
$1,089
1 1/2" PD
10" Turbine Meter
WATER & SEWER IMPACT
(Property final platted before September 30, 2007)
ENTIRE CITY EXCEPT THE TRIBUTE SUBDIVISION*
SEWER IMPACT FEE
$2,590
2" PD
10" Turbine Meter $145,920
6" Turbine Meter $53,760
8" Compound Meter
$51,975
$59,400
$89,100
$85,338
$141,075
* The Tribute Subdivision has a Developer's Agreement authorizing all new fees.
NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees.
$264,480
10" Turbine Meter $413,250
2" Turbine Meter $16,530
3" Compound Meter $26,448
$3,840
1.5" Meter $8,265
$20,375
METER SIZE
METER SIZE WATER IMPACT FEE
2" Compound Meter
1" Meter
WATER IMPACT FEE
$1,223
$13,440
4" Compound Meter
3" Compound Meter $12,288
1" Meter $1,920
1.5" Meter
$1,782
$3,663
$5,940
$5,940
$11,880
$12,969
$18,513
$23,364
$37,125
5/8" X 3/4" Meter $768
3/4" Meter $1,152
WATER & SEWER IMPACT
(Property final platted after December 1, 2020)
SEWER IMPACT FEE
$4,034
$6,051
5/8" PD
8" Compound Meter $132,240
8" Turbine Meter
6" Turbine Meter $152,076
3" Turbine Meter $39,672
4" Compound Meter $41,325
4" Turbine Meter $69,426
6" Compound Meter $82,650
$19,560
$777
$61,440
2" Compound Meter $6,144
2" Turbine Meter $6,144
3" Turbine Meter
$96,816
$100,850
$169,428
$201,700
$371,128
$92,160
10" Compound Meter $88,320
$19,200
4" Turbine Meter $24,192
6" Compound Meter $38,400
$13,224
WATER & SEWER IMPACT
(Property final platted after October 1, 2007 )
SEWER IMPACT FEE
$815
6" Compound Meter $25,900
6" Turbine Meter
8" Turbine Meter
METER SIZE WATER IMPACT FEE
$8,150
$13,040
$4,075
$6,520
5/8" X 3/4" Meter $1,653
3/4" Meter $2,480
$4,133
$322,720
$645,440
8" Compound Meter $41,440
8" Turbine Meter $82,880
$2,038
$34,230
$40,750
$74,980
$65,200
$129,500
NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees.
$1,008,500
158
ITE Land
Use Code
030
110
120
130
150
151
210
220
230
240
251
252
254
310
320
432
430
495
465
431
445
491
560
565
522
530
540
550
630
610
620
640
714
710
720
715
750
942
843
944
945
946
841
941
947
848
934
933
932
931
937
815
817
862
880
881
820
850
864
875
896
911
912
918
1,000 SF GFA
1,000 SF GFA
Shopping Center
Supermarket
SERVICES
1,097$
2,963$
1,547$
552$
3,012$
2,912$
5,662$
406$
39.10
31.31
13.45
10.05
30.75
1,570$
1,178$
759$
1,947$
1,947$
1.72
Other Retail
7.87
19.51
11.23
11.21
15.62
University / College
MEDICAL
Animal Hospital / Veterinary Clinic
INSTITUTIONAL
Free-Standing Discount Store
Nursery (Garden Center)
Home Improvement Superstore
Pharmacy/Drugstore w/o Drive Thru Window
Pharmacy/Drugstore w/Drive Thru Window
1,000 SF GFA
Drive-in Lanes
1,000 SF GLA
Fast Food Restaurant w/ Drive-Thru Window
Fast Food Restaurant w/out Drive-Thru
High Turnover (Sit-Down) Restaurant
Quality Restaurant
Coffee/Donut Shop w/Drive-Thru Window
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
Walk-In Bank
Toy/Children's Superstore
Department Store
Video Rental Store
5.22
9.54
4.83
Gasoline / Service Station w/ Conv Market
Gasoline / Service Station w/ Conv Market and Car Wash
New Car Sales
Quick Lubrication Vehicle Shop
Self - Service Car Wash
Tire Store
1,000 SF GFA
Servicing Positions
Stall
COMMERCIAL
Automobile Related
Automobile Care Center
Automobile Parts Sales
Gasoline / Service Station
1,000 SF GFA
Vehicle Fueling Position
Vehicle Fueling Position
3.66
5.87
8.72
1.99
8.37
5.36
0.83
1.16
1,000 SF GFA
Beds
14.51
0.34
0.27
0.25
1,000 SF GFA
1,000 SF GFA
Students
Students
Students
Students
Beds
1.06
43.85
10.77
Ice Skating Rink
Clinic
Hospital
Nursing Home
Residential Condominium/Townhome
Mobile Home Park/Manufactured Housing
Senior Adult Housing-Detached
Senior Adult Housing-Attached
Industrial Park
Warehousing
Mini-Warehouse
Church
Day Care Center
Primary / Middle School (1 - 8)
High School
Junior / Community College
Multiplex Movie Theater
Racquet / Tennis Club
1,000 SF GFA
Hole
Screens
Court
Golf Course
Recreational Community Center 1,000 SF GFA
0.36
19.55
1.00Dwelling Unit
Room
Miniature Golf Course
Tee
2.72
1.28
Acre
Dwelling Unit
Assisted Living
LODGING
Hotel
Motel / Other Lodging Facilities
RECREATIONAL
Golf Driving Range
Single-Family Detached Housing
Apartment/Multi-family
Dwelling Unit
0.88Beds
0.96
8.81
7.59
Room
ROADWAY IMPACT FEES - Page 1
2016
Fees
6,183$
916$
General Light Industrial
RESIDENTIAL
4.00
1.04
Veh-Mi Per
Dev-Unit
26.20
Dwelling Unit
Dwelling Unit
Dwelling Unit
General Light Industrial
Truck Terminal
PORT AND TERMINAL
Land Use Category
INDUSTRIAL
642$
802$
302$
245$
944$
455$
356$
949$
Development
Unit
Acre
1,000 SF GFA 3.88
1.93
1.51
4.02
2.48
2.08
2.36
1.08
585$
491$
557$
255$
236$
208$
3.40
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
227$
1,452$
1,791$
250$
2,061$
2,542$
274$
3,424$
80$
64$
59$
85$
2,694$
677$
114$
1,711$
772$
821$
2,050$
954$
827$
1,000 SF GFA
1,000 SF GFA
Single Tenant Office Building
Office Park 5.92
5.64
5.96
14.28
6.96
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA 12.46
898$
1,510$
664$
486$
1,000 SF GFA
3.57
OFFICE
Corporate Headquarters Building
General Office Building
Medical - Dental Office Building
485$
936$
1,379$
274$
1,604$
5,716$
4,315$
2,055$
1,385$
4,251$
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
1,000 SF GFA
Vehicle Fueling Position
Dining
1,000 SF Occ GLA
1,000 SF GFA
3.90
12.69
16.25
12.34
29.86
4.21
21.86
Drive-in Bank
Hair Salon
159
160
$231.52/ERU*
*ERU is an equivalent residential unit and is equal to 3,406 square feet of impervious area.
Residential
Non-Residential
OFFICE CREEK DRAINAGE IMPACT FEES & MAP
$231.52/lot
161
162
163
Group (2021 International Building Code)IA IB IIA IIB IIIA IIIB IV VA VB
A-1 Assembly, theaters, with stage 335.89 324.58 316.94 304.93 286.87 278.00 295.62 266.02 257.55
A-1 Assembly, theaters, without stage 307.39 296.08 288.44 276.42 258.37 249.50 267.12 237.51 229.05
A-2 Assembly, nightclubs 269.94 261.93 254.48 245.85 230.56 223.99 237.02 209.57 202.79
A-2 Assembly, restaurants, bars, banquet halls 268.94 260.93 252.48 244.85 228.56 222.99 236.02 207.57 201.79
A-3 Assembly, churches 311.88 300.57 292.93 280.91 263.30 254.43 271.60 242.45 233.98
A-3 Assembly, general, community halls, libraries, museums 266.07 254.76 246.12 235.10 216.33 208.46 225.80 195.47 188.01
A-4 Assembly, arenas 306.39 295.08 286.44 275.42 256.37 248.50 266.12 235.51 228.05
B Business 260.69 251.13 241.86 231.65 210.99 202.73 222.56 186.21 177.81
E Educational 273.46 263.96 255.62 245.04 228.69 217.00 236.61 200.36 193.94
F-1 Factory and industrial, moderate hazard 160.20 152.78 143.34 138.64 123.55 117.41 132.48 102.44 95.93
F-2 Factory and industrial, low hazard 159.20 151.78 143.34 137.64 123.55 116.41 131.48 102.44 94.93
H—1 High Hazard. explosive 149.46 142.04 133.60 127.90 114.12 106.97 121.74 93.00 N.P.
H234 High Hazard 149.46 142.04 133.60 127.90 114.12 106.97 121.74 93.00 85.50
H-5 HPM 260.69 251.13 241.86 231.65 210.99 202.73 222.56 186.21 177.81
I -1 lnstîtutional. supervised environment 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73
I-2 lnstîtutional. hospitals 434.15 424.59 415.32 405.12 383.35 N.P.396.02 358.57 N.P.
I-2 Institutional. nursing homes 302.01 292.45 283.18 272.97 253.83 N.P. 263.88 229.05 N.P.
I-3 Institutional, restrained 295.86 286.31 277.03 266.83 247.95 238.69 257.74 223.17 212.77
I-4 Institutional. day care facilities 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73
M Mercantile 201.37 193.36 184.91 177.28 161.72 156.15 168.45 140.73 134.95
R-1 Residential, hotels 264.67 255.41 246.77 238.13 218.35 212.40 238.17 196.75 190.67
R-2 Residential, multiple family 221.32 212.06 203.42 194.78 175.96 170.01 194.82 154.36 148.28
R-3 Reidential, one- and two-family d 209.61 203.64 198.94 195.12 188.41 181.45 191.77 175.86 165.67
R-4 Residential, care/assisted living facilities 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73
S-1 Storage, moderate hazard 148.46 141.04 131.60 126.90 112.12 105.97 120.74 91.00 84.50
S-2 Storage, low hazard 147.46 140.04 131.60 125.90 112.12 104.97 119.74 91.00 83.50
U Utility. miscellaneous 114.09 107.37 99.89 95.60 85.13 79.54 90.99 67.39 64.19
a. Private Garages use Utility, miscellaneous
b. For shell only buildings deduct 20 percent
c. N.P. = not permitted
d. Unfinished basements (Group R-3) = $22.45 per sq. ft.Table 2 - Square Foot Construction Costs $ AMOUNT ABOVE BY PERMIT FEE MULTIPLIER (CURRENTLY 0.0090 FOR NEW CONSTRUCTION,
0.0050 FOR ALTERATION, REMODEL, TFO)
Square Foot Construction Costs A,B,C
TO CALCULATE FEE = MULTIPLY GROSS SQUARE FEET BY
Type II-B Retail (Mercantile) with 3,800 sq. ft. of floor space would be calculated as:
3,800 X $125.68 X 0.0090 = $4,298.25
164
Late Payment of Health Permit
Self Service Food Markets $100
Administrative Fee - Insurance Claims
Pre-Opening/Change of Ownership Fee
Public/Semi-Public Swimming Pool/Spa/Splash Zone PIWF
Same Day Inspection/After Hours Inspection / Holiday Inspection (at the discretion of the Health Inspector)
Court fine payments online/over the phone
$150
Citation will be issued
Miscellaneous
$.10 Per Page
$.50 Per Page
$1 Per Square Foot
* Fees may be reduced up to 50% for non-profit organizations upon approval from the City Manager or his designee.
Municipal Court
$150 first and $100 each additional
$150
$52 per event/per vendor
$258
Grocery Store (Additional Departments)
Food Establishment (<2,000 sq. ft. GFA)
Food Establishment (>2,000 sq. ft. GFA)
$75
$150
$250
$100
Grocery Store (Grocery and Produce)
Administrative Fee - Commercial (4+)$200
Health Permits
Annual Health Permits:
$100
$350
$550
$350
$550
Plan Review $150
Administrative Fee - Residential (1 thru 4)
Administrative Fee - Residential (5+)
Administrative Fee - Commercial (1 thru 3)
Temporary Permits (14 days or less)
Mobile Food Unit
Convenience Store (with deli)
Seasonal Permits (6 months)
Warehouse/Distribution/Catering (<2,000 sq. ft. GFA)
Warehouse/Distribution/Catering (>2,000 sq. ft. GFA)
Convenience Store
$350
$550
$265
$320
$200
$300
Well Drilling Permit
$50
$50
$250
Single Family Residential Lot
< 3 acres
> 3 acres
Monitor well
De-watering well
Injection well
$250
Network Node Fees
Code Enforcement Fees
$100
$150
$100
Pole attachment rent (network node on service pole)
Permit application fee
$20/pole/year
$500/node (first 5 network nodes)
$250/node for each additional node over 5 nodes
$1,000/pole for each node support pole
Test well
Irrigation well
Water well - residential
Water well - non-residential
Annual public right of way use fee
Network provider connect network node to network fee
$250 per network node/year
$28 per node per month
$50
GENERAL FUND
Permits
Floodplain Development Permit
$100
$300
$400
$500
$40
$25
$100
$2.50
Finance
$500/Each Claim
NSF check returned fee per incident
Expunction Filing Fee
Small Copies (Up to 8.5 " x 14")
Copies (11" x 17" or Greater)
Color Copies Larger than 11" x 17"
Reinspection Fee (Facility initiated)
Re-Inspection Fee (Required is store is 75 or less)
Operating without a permit
Food Establishment (>2,500 sq. ft. GFA)$750
Grading Permit
Single Family Residential Lot
< 300 linear feet stream or shoreline
300 - 1,000 linear feet stream or shoreline
> 1,000 linear feet stream or shoreline
$200
165
Holiday Rate
Holiday Rate
LISD Event
Printing fee (color)
Fax fee
Adhesive vinyl
Postage to return
Photocopy fee (color)
Printing fee (grayscale)
Replacement library card
Photocopy charges
Heat transfer vinyl
Transfer tape
3D printing fee
$2.00
Inter-library loan service:
Assigned by owning agency
Actual cost
$.25 per copy
$.10 per page
$.25 per page
$.50/page; $5 maximum
$1 per 6" sq.
$1.50 per 6" sq
$.25 per 6" sq
$.10 per gram; $1 minimum
Compact disc
Movies
TV series
Children's kit (CD & book)
Specialty kits
Audiobooks & kits (CD)
Actual cost, plus $5 process fee
Actual cost, plus $10 process fee
Assigned by owning agency
1st offense
2nd offense
Loss or damage to processing materials
Other items
Partial loss (piece missing)
Inter-library loan material
Equipment
Restitution for repairable damage:
Minimum: $0.25
Maximum: Assigned by owning agency
Minimum: $0.25
Maximum: Repair cost, plus shipping & handling chgs
Minimum: $0.25
Maximum: 3/4 lost/ruined fee
Minimum% of lost/ruined fee
Return equipment in drive-up drop:
$10 fine (per item), plus warning
$10 fine (per item), plus revocation of equipment privileges
Current catalog price
Actual cost, plus $5 process fee
Graphic Novel
Adult Fiction (hardbound)
Adult Fiction (paperbound)
E /J FIC /YA FIC
YA FIC (paperbound)
Supervisor Rate
Supervisor Rate
$100.00/hr
$120.00/hr
$160/hr
Library
Restitution for lost/ruined materials:
Book (according to classification):
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
$650 - Non-Resident
$15.00
$900 - Resident
$900 - Non-Resident
$1,000 - Resident
$1,100 - Non-Resident
$800 - Resident
$850 - Non-Resident
New Subscribers
Special Events
Firefighter/Paramedic Rate
Personnel & Apparatus
Oxygen
Ambulance Subscription Service
Existing Subscribers
$96/year - $8/month
$75.00/hr
$90.00/hr
Advanced Life Support (2) (ALS2)
Basic Life Support (BLS) Emergencies
Ambulance Calls
Mileage
Advanced Life Support (ALS) Emergencies
Specialized Critical Care (SCT)
Advanced Life Support (ALS) Disposables
Basic Life Support (BLS) Disposables
$900 - Resident
$1,100 - Non-Resident
$200 - Non-Resident
$150 - Non-Resident
$50.00
$60/year - $5/month
Board books
Magazine
Mass market paperback
LP Non-Fiction (paperbound)
Non-Fiction (hardbound)
Non-Fiction (paperbound)
LP Fiction (hardbound)
LP Fiction (paperbound)
LP Non-Fiction (hardbound)
Fishing gear
Equipment
Inter-library loan material
Firefighter/Paramedic Rate
Actual cost, plus $5 process fee
Fire & Ambulance
$550 - Resident
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
Actual cost, plus $5 process fee
166
Postage/shipping
Other
Police reports
Actual cost
Actual cost
Police
Offense report and/or copies:
$4
Personnel
Overhead
Storage Fees (DAILY)
Accidents requiring additional services (per accide
Body cam
Dash cam
911 audio
Accident reports
Clearance Letter/Local Criminal History Report
Vehicles up to 10,000 GVWR
Vehicles 10,001 - 26,000 GVWR
Vehicles over 26,000 GVWR (Heavy Duty)
Other electronic media
Audio cassette
Paper - Oversized (11 X 17, etc)
Speciality paper (color maps/$1 sq ft)
CD
DVD
Diskette
1
3
$1/each
$1/each
$.50/each
Actual cost
Actual cost
$15/hr
20% of personnel charge
Shelter quarantine fee
$25
$25
$100
$150
$500/year
City Secretary
$5
1/2 of State Fees Per Ordinance #719
Public records:
$.10/page
Voluntary dog registration fee
Rabies test
Deceased animal pickup
Release of ownership & pickup fee
Sheltering fee
Euthanasia fee (includes surrender & disposal)
Alcohol permits
Copies - paper
Prohibited animals
Permanent permit fee
Scanner fee
Deceased animal - remains disposal fee
Home quarantine fee
Live Traps
Microchip
Release of ownership fee
$50 Refundable Deposit Fee, if in working order
$15
$20/animal
$45
$10/night/animal
$65
$10
$75
$15/animal
2nd impound of the same animal
3rd impound of the same animal
4th impound and all subsequent of same animal
Adoption fee
1st impound $25
$60
$85
$115
$2
$25
$50
No Fee
$50
$75
$100
$35/day $50/wk $125/yr
$10/ea
Normal towing charges for vehicles:
Animal Services
$375/hr
$115 -$140 + $35 each additional 15 minutes
Impound fees:
$155
$225
$.10/page
$10
$3
$1
0.10/page after 10 pages
$6
$95
Alarm fees - permit:
Residential - annual alarm permit
Alarm fees - false:
1st - 3rd
Certified
Commercial - annual alarm permit
Solicitors permit
Solicitors badge
4th - 5th
6th - 7th
8 or more
Up to 25' - $20
Over 25' - $35
Over 10,000 lbs = $36.80
$21Preservation Fee
167
$35/Session
Meeting room rental fee
Premium Pavilion Rental Kids Colony - Full Pavilion $150/5 hrs - Resident - $300/5 hrs - Non-Resident
Standard Pavilion Rental (Perryman, Slay/Baker, Ridgepoint, Dave Cowan, Bill Allen & Friendship $50/5 hrs - Resident - $100/5 hrs - Non-Resident
Ampitheater Rental
Premium Pavilion Rental Kids Colony - 1/2 Pavilion
Youth sports user fees
Gym rental
Activity room rental
Recreation Center building rental
Premium Pavilion Rental - Lions Club
$60/hr - Resident - $90/hr - Non-Resident
$50/hr - Resident - $75/hr - Non-Resident
$100/hr - Resident - $150/hr - Non-Resident
Activity room rental (Government Center/Annex Facility)$50/hr - Resident - $75/hr - Non-Resident
$50/hr - Resident - $70/hr - Non-Resident
Pavilion Rentals:
$75/5 hrs - Resident - $150/5 hrs - Non-Resident
$75/5 hrs - Resident - $150/5 hrs - Non-Resident
$75/5 hrs - Resident - $150/5 hrs - Non-Resident
Athletics
$2/player/season - Admin
$3/player/season - Game fields
$5/player/season - Practice fields
$10/player/season - Non-Resident
Athletic Facility rentals - Usage user fee co-sponsored
Practice rental rates - co-sponsored
Practice rental rates - resident non-co-sponsored
Practice rental rates - non-resident non-co-sponsored
$5/person/season - Resident
$20/person/season - Non-Resident
$10/hr for unlit - $15/hr for lit
$20/hr for unlit - $30/hr for lit
$26/hr for unlit - $36/hr for lit
Practice field lit
Practice field unlit
Soccer net installation
$275/field/day
$225/field/day
$30/field
Tournament maintenance crew
Small Room Rental
Large Room Rental without kitchen
Large Room Rental with kitchen
Rental Furnishings (assorted)
$50/hr - Resident - $75/hr - Non-Resident
$100/hr - Resident - $150/hr - Non-Resident
$50/hr - Resident - $75/hr - Non-Resident
$5 - $100/per hour or item (depends on item furnished)
Youth volleyball - Fall
Non-field facility usage
Athletic practice facility/field reservation change fee
Youth basketball - Winter 6U Division
Youth basketball - Summer 6U Division
Youth basketball - Miniball
$85 - Resident - $105 - Non-Resident
$75 - Resident - $950 - Non-Resident
$45 - Resident - $65 - Non-Resident
Swim lessons - coach/train
Swim lessons - private
Swim lessons - semi-private
Swim lessons - duo - private
$40/hr/staff member
$300/4 hrs + $75/additional hr
$5
Aquatic Park
$35 for 1/2 hr (non-resident $65 for 1/2 hr)
$230 / session (non-resident $270)
$110/Session (non-resident - $140/session)
$345/session (non-resident $385/session)
$75 - Resident - $95 - Non-Resident
Youth basketball - Winter 7U to 12U $110 - Resident - $130 - Non-Resident
Youth basketball - Summer 7U to 12U $90 - Resident - $110 - Non-Resident
$300/team/season
Adult volleyball
Adult sand volleyball
Youth volleyball - Spring
Youth flag football
Adult softball
Adult kickball
Adult basketball
$95 - Resident - $115 - Non-Resident
$90 - Resident - $110 - Non-Resident
$325/team/season
$250/team/season
$500/team/season
$300/team/season
Business; special event & private swim clubs
Entrance fees - senior adult exercise/lap swim
Entrance fees - public swim
Individual pass
Family pass
$270/27 hr
$20/lane hr weekday/weekends)
Aqua fit tickets 10 for $50
$5 - Resident - $8 Non-Resident
$55/resident and $115 - non-resident (+ ID card if needed)
$110/resident and $255 - non-resident (+ ID card if needed)
Summer pass sales promotion
Private party fees - Resident: 1 zone, 50 people
Aerobic classes - daily
10% discount if bought before Memorial Day
$250 /2hrs /Resident - $375/2hrs - Non-Resident
$8/hr
Swim lessons - lifeguard
PARKS FUND
Recreation
Parks & Recreation Fees:
$30/yr under age 50
$60/yr under age 50
$5
$5
$10
$5/Class - session - program
$155/week - Resident
$185/week - Non-Resident
$40/day - Resident
$50/day - Non-Resident
$25/hr - Resident - $37.50/hr Non-Resident
$50/hr - Resident - $75/hr - Non-Resident
Recreation Center rentals during hours:
Recreation Center rentals after hours - 2 HOUR minimum:
Kidz Kamp - summer sessions (base)
Kidz Kamp - holiday sessions (base)
Gym rental - 1/2 court
Gym rental - Full court
Resident recreation pass (all ages)
Non-resident recreation pass (all ages)
ID card replacement
Day Pass to Recreation Center
Week Pass to Recreation Center
Non-member program registration fee
Kidz Kamp - Lunch $5/Lunch
Kidz Kamp - Water $5/Bottle
Kidz Kamp - Late pick-up - 1st Time
Kidz Kamp - Counselor in Training - Non Resident
Rentals
$10 after 15 minute Late - $1/minute after 30 minutes late
Kidz Kamp - Late pick-up - 2nd Time +$10 initial, $20 after 15 minute Late - $1/min after 30 minutes late
Kidz Kamp - Shirt $10/Shirt
Kidz Kamp - Counselor in Training - Resident
$55/Session
168
LISD Joint Use Fees
Resident rate
Non-resident rate
Trip reservation fee up to 50 miles
Day Pass
Community Center
Membership for Seniors:
$20/yr
$40/yr
$2
$6/trip
Trip reservation fee up to 100 miles
Trip reservation fee up to 150 miles
$8/trip
$10/trip
Recreation Center 1/2 Gym
Recreation Center Full Gym
Recreation Center Activity Room
Recreation Center Racquetball Court
Park Pavilion
$5/hr
$10/hr
$5/hr
$5/hr
$5/hr
Outdoor Basketball Court
Outdoor Volleyball Court
Practice Field
Five Star Field
Five Star Trail/Common Area/Parking Lot
Stewart Creek Park Amenities
Aquatic Park (per pool)
Free
$35/Resident - $45/Non-Resident
$25/night
Annual Pass - Senior Resident
Annual Pass - Senior Non-Resident
Disabled Veteran (with proof)
RV sites (includes entry)
Tent sites (includes entry)
Community Center - Large Room
Community Center - Meeting Room
$5/hr
$5/hr
$10/hr
$20/hr
$20/hr
$20/amenity/hr
$20/hr
$10/hr
$5/hr
$25
$50
Daily Pass $15
Campsite late checkout fee
Pavilion rental (5 hour block)
$250
51 + cars = $10/car
$25/hr
$100/Resident - $200/Non-Resident
$100/Resident - $200/Non-Resident
TCPARD Site Supervisor for Rental
TCPARD Custodial for Rental *(not always applicable)
TCPARD Athletic Field Prep (if necessary)
TCPARD Life Guard (number to be determined based on rental specifics)
Daily Pass - Holiday Weekend(Easter, Memorial Day, July 4th, Labor Day)
Annual Pass - Resident
Annual Pass - Non-Resident
$20/hr
$20/hr
$30/hr
$15/guard/hr
LAKE PARKS FUND
Stewart Creek Park Revenues
$20
$40
$80
Advance tickets
Day of event tickets
Per couple
Additional child
Volleyball court rental
Per couple
Additional child
1st child
2nd child
3rd child
Pavilion rental (5 hour block)
Pavillion rental cleanup deposit
Pavilion rental entry
$15/hr
$25/hr
SPECIAL EVENTS FUND
Special Events Revenues
$40
$18
$12
$10
$9
$5
$10
$40
Basketball 1/2 court rental
$18
$50
$90
VIP 1 day
VIP 2 day
Daddy Daughter Dance:
Kids Chase by the Lake:
Spring Eggstravaganza:
Liberty By The Lake:
Mother and Son Adventure Day
Family Fright Night:
American Heroes
169
Excellent
3 x $.012 x SF
4 x $.012 x SF
5 x $.012 x SF
6 x $.012 x SF
3 x $.05 x SF
4 x $.05 x SF
(522 - 528)
(528 - 530.8)
$30
Disconnect fees - after hours
Transfer fees
Administration fees (e.g. credit references, research on their accounts
Check for leaks - allowed 3 free checks for a 6 month period, thereafter $25 each check
Residential deposit water & sanitation for homeowners
Residential deposit water & sanitation for renters
Residential deposit water & sanitation for seniors 60 and over
Commercial deposit water & sanitation
Commercial irrigation deposit
$50
$25
$20
$25
$75 or higher based on past history
$150 or higher based on past history
Deposit waived - or higher based on past history
Average of the past 12 months billings of the premises or comparable
$1,000
Commercial master meter surcharge
Hydrant meter deposit - water
NSF checks
Penalties - late payment
Delinquent accounts
Online or Automated Phone payment for Utility account
Set meter trip charge for ill-equipped area
Same day connection fee
Missed reading fee
$12.47/unit (after first unit)
$2,000
$25
15%
Extension agreements available prior to day of disconnect. If extension
agreement is failed, no further extensions for a period of 12 months.
Limit of 2 extensions per calendar year. Must have pay history with less
than 4 late payments during the preceding 12 months. Accounts with less
than 12 months of payment history must have no more than 1 late
payment in order to qualify for an extension.
Cash/Credit/Money Order Only
$1.25/transaction
$30
$20
2 x $.05 x SF
(528 - 530.8)
(530.8 - 535.2)
Vegetation/Habitat Conditions using the Corps
(522 - 528)
Good
2 x $.012 x SF
3 x $.012 x SF
4 x $.012 x SF
5 x $.012 x SF
PARKS FUND
Exhibit B Fee Schedule
Poor
Woodlands
1 x $.012 x SF
2 x $.012 x SF
3 x $.012 x SF
4 x $.012 x SF(535.2 537)
Grasslands
1 x $.05 x SF
2 x $.05 x SF
3 x $.05 x SF
3 x $.05 x SF
4 x $.05 x SF
4 x $.05 x SF
Savannah
1 x $.08 x SF
2 x $.08 x SF
3 x $.08 x SF
4 x $.08 x SF
UTILITY FUND
Utility Fees
$20
See attached water rate schedule
See attached sewer rate schedule
(535.2 537) 5 x $.05 x SF
(530.8 - 535.2)
(535.2 537)
4 x $.08 x SF
5 x $.08 x SF
6 x $.08 x SF
(530.8 - 535.2) 5 x $.05 x SF
6 x $.05 x SF
3 x $.08 x SF(522 - 528)
Water & Sewer dollar amount reduced by 10% (enrollment required)
$2.92/mo
$4.00/mo for each account - residential
$5.00/ERU/mo for each account - non-residential
$20
$50
Connect fee/application fee
Water service
Wastewater service
Veteran and Active Duty Water and Sewer Discount
SRF Loan
Drainage utility fees
Disconnect/reconnect fees
Reconnect fees - after hours
2 x $.08 x SF
3 x $.08 x SF
4 x $.08 x SF
5 x $.08 x SF
(528 - 530.8)
170
Revised by: S. Davis 08-2025
31.12
Inside City
Meter size (inches Rate
5/8 23.47
3/4
4.78
Meter size (inches Rate
5/8
15,001 - 25,000
9.76
Inside City
44.13
WATER RATES
2025 - 2026
Outside City
Meter size (inches
5/8
3/4
1
142.72
3 220.64
4 343.77
6 773.48
8 1,740.34
37.41
1 1/2 61.91
8.68
2,001 - 15,000 7.37
40,001 and over
Commercial (over 2,000 gal) 6.45
2 91.23
3 159.82
4 257.72
6 659.82
8 1,689.10
10 4,324.11
Commodity rate (per thousand gallons)
Residential (over 2,000 gal)
1
1
8
10
Rate
35.21
46.70
66.18
128.44
214.13
330.86
515.64
1,160.18
2,610.47
5,873.62
Commodity rate (per thousand gallons)
7.97
9.91
10.55
1 1/2
2
3
4
6
10 3,915.77
Commodity rate (per thousand gallons)
2,001 - 15,000 5.31
22.74
1 1/2 85.64
2
4
6
8
10
11.57
2,001 - 15,000
15,001 - 25,000
25,001 - 40,000
40,001 and over
Zone 5 Water Rates (Increase for Zone 5 rates)
10.13
11.95
12.61
13.62
2,001 - 15,000
15,001 - 25,000
25,001 - 40,000
40,001 and over
SEWER RATES
2025 - 2026
Outside City
25,001 - 40,000 9.14
3/4
15,001 - 25,000 6.63
25,001 - 40,000 7.08
40,001 and over 7.71
27.61
Commodity rate (per thousand gallons)
Residential (over 2,000 gal)
Commercial (over 2,000 gal)
7.16
9.65
Rate
34.12
41.47
56.13
92.86
136.91
239.73
386.61
989.72
2,533.64
6,486.13
Meter size (inches
5/8
3/4
1
1 1/2
2
3
171
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2025- _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING RESOLUTION NO. 2024-066,
ADOPTION OF THE MASTER FEE SCHEDULE, AMENDING THE
MASTER FEE SCHEDULE, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS ATTACHMENT “A”; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of The Colony adopted the Master Fee Schedule for Fiscal Year
2024-2025 by Resolution No. 2024-066, passed and approved on the 3rd day of September 2024;
and
WHEREAS, the City desires to amend the 2024-2025 Master Fee Schedule, providing
for new fees and fee amendments for the City; and
WHEREAS, after consideration and review, the City Council finds that Resolution No.
2024-066, as amended is the new Master Fee Schedule, which is attached hereto and
incorporated herein as Attachment “A,” be adopted to provide fees for the City of The Colony.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. That Resolution No. 2024-066, as amended by Attachment “A”, be
incorporated as the Master Fee Schedule.
Section 2. That all provisions of any resolution of the City Council of the City of The
Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed,
and all other provisions not in conflict with the provisions of this resolution shall remain in full
force and effect.
Section 3. This Resolution shall become effective on October 1, 2025, from and after its
passage, as the law and charter in such cases provide.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 2nd DAY OF SEPTEMBER 2025.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
172
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
__________________________________
Jeffrey L. Moore, City Attorney
173
Agenda Item No: 6.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 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.
Background:
174
Agenda Item No: 7.1
CITY COUNCIL Agenda Item Report
Meeting Date: September 2, 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.
Background:
175