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City Packets - City Council - 11/18/2025 - Regular
CITY OF THE COLONY CITY COUNCIL AGENDA TUESDAY, NOVEMBER 18, 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 Matthew Sapp for his extraordinary act of valor and heroism in the Camp Mystic search and rescue. (Mayor) 1.6 Proclamation recognizing Justin Merriott for his extraordinary act of valor and heroism in the Camp Mystic search and rescue. (Mayor) 1.7 Receive a presentation from Denton County Commissioner regarding first amendment to the Interlocal Agreement between Denton County and the City of The Colony. (Perez) 1.8 Items of Community Interest 1.9 Receive presentation from the Library regarding upcoming events and activities. (Charters) 2.0 CANVASS THE ELECTION 2.1 Discuss and consider approving an ordinance canvassing the returns and declaring the results of an election held on Tuesday, November 4, 2025, for the purpose of submitting to the qualified voters of the City of The Colony, Texas, seven (7) proposed home-rule charter amendments. (Mayor) 3.0 CITIZEN INPUT 4.0 WORK SESSION 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 o n TUESDAY, NOVEMBER 18, 2025 at CITY HALL, 6800 MAIN STREET, 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. 1 4.1 Council to provide direction to staff regarding future agenda items. (Council) 5.0 CONSENT AGENDA 5.1 Consider approving City Council Regular Session meeting minutes from November 5, 2025. (Stewart) 5.2 Consider approving a resolution authorizing the City Manager to award a contract to All City Management for school crossing guard services for the 2025-2026 school year in the amount of $158,211.46. (Foxall) 5.3 Consider approving a resolution authorizing the City Manager to award a purchase to Axon Enterprise for in-car cameras and body worn cameras in the amount of $289,857.70. (Foxall) 6.0 REGULAR AGENDA ITEMS 6.1 Discuss and consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement with Parkhill to provide Design Documents for B.B. Owen and Turner Soccer Complex in an amount not to exceed $569,209.00 to be funded by the Community Development Corporation. (Lehmann) 6.2 [CONTINUED FROM NOVEMBER 5, 2025] Conduct a public hearing, discuss and consider an ordinance amending Ordinance No. 2011-1929, by approving a first supplement to final project and reinvestment zone financing plan, by approving additional TIF Project cost for Tax Increment Reinvestment Zone Number One (TIRZ #1). (Maurina) 6.3 Discuss and consider an ordinance amending Chapter 8 Article III entitled Hotel Occupancy Tax amending sections 8-75 to 8-77 and 8-84 and adding sections 8-86 to 8-88 requiring annual safety inspections for short term rentals. (Perez) 7.0 EXECUTIVE SESSION 7.1 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). 8.0 EXECUTIVE SESSION ACTION 8.1 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). 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. 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 2 _________________________________________ Tina Stewart, TRMC, CMC, City Secretary 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. CERTIFICATION I hereby certify that above notice of meeting was posted outside the front door of City Hall by 5 p.m. on the 12th day of November 2025. 3 Agenda Item No: 1.5 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Announcement Agenda Section: routine announcements, recognitions and proclamations Suggested Action: Proclamation recognizing Matthew Sapp for his extraordinary act of valor and heroism in the Camp Mystic search and rescue. (Mayor) Background: Attachments: Matthew Sapp Proclamation.docx 4 PROCLAMATION Honoring Matthew Sapp for an Act of Valor WHEREAS, Matthew Sapp demonstrated exceptional courage and selflessness by volunteering his efforts in response to the flash floods that devastated Camp Mystic and the surrounding Texas Hill Country in early July; and WHEREAS, Matthew Sapp, a resident of The Colony, firefighter for the City of Frisco and member of the Texas Task Force 2, a state-level search- and-rescue team, joined in the search for missing individuals; and WHEREAS, Matthew Sapps’s actions have set a powerful example of civic virtue and bravery for the entire community; and WHEREAS, the city wishes to acknowledge this selfless act, which reflects great credit upon Matthew Sapp and brings immense honor to our community. NOW THEREFORE, I Mayor Richard Boyer on behalf of the City of The Colony, do hereby proclaim and commend Matthew Sapp for his extraordinary act of valor and heroism. SIGNED and SEALED this 18th day of November 2025. Richard Boyer, Mayor City of The Colony, Texas 5 Agenda Item No: 1.6 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Recognition Agenda Section: routine announcements, recognitions and proclamations Suggested Action: Proclamation recognizing Justin Merriott for his extraordinary act of valor and heroism in the Camp Mystic search and rescue. (Mayor) Background: Attachments: Justin Merriott Proclamation.docx 6 PROCLAMATION Honoring Justin Merriott for an Act of Valor WHEREAS, Justin Merriott demonstrated exceptional courage and selflessness by volunteering his efforts in response to the flash floods that devastated Camp Mystic and the surrounding Texas Hill Country in early July; and WHEREAS, Justin Merriott, a firefighter for the City of The Colony and member of the Texas Task Force 2, a state-level search-and-rescue team, joined in the search for missing individuals; and WHEREAS, Justin Merriott’s actions have set a powerful example of civic virtue and bravery for the entire community; and WHEREAS, the city wishes to acknowledge this selfless act, which reflects great credit upon Justin Merriott and brings immense honor to our community. NOW THEREFORE, I Mayor Richard Boyer on behalf of the City of The Colony, do hereby proclaim and commend Justin Merriott for his extraordinary act of valor and heroism. SIGNED and SEALED this 18th day of November 2025. Richard Boyer, Mayor City of The Colony, Texas 7 Agenda Item No: 1.7 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 2025 Submitted By: Ana Alvarado Submitting Department: General Admin Item Type: Announcement Agenda Section: routine announcements, recognitions and proclamations Suggested Action: Receive a presentation from Denton County Commissioner regarding first amendment to the Interlocal Agreement between Denton County and the City of The Colony. (Perez) Background: 8 Agenda Item No: 1.8 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: routine announcements, recognitions and proclamations Suggested Action: Items of Community Interest Background: 9 Agenda Item No: 1.9 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 2025 Submitted By: Ana Alvarado Submitting Department: Library Item Type: Announcement Agenda Section: routine announcements, recognitions and proclamations Suggested Action: Receive presentation from the Library regarding upcoming events and activities. (Charters) Background: 10 Agenda Item No: 2.1 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Ordinance Agenda Section: canvass the election Suggested Action: Discuss and consider approving an ordinance canvassing the returns and declaring the results of an election held on Tuesday, November 4, 2025, for the purpose of submitting to the qualified voters of the City of The Colony, Texas, seven (7) proposed home-rule charter amendments. (Mayor) Background: Attachments: Ord. 2025-xxxx Canvassing - Special Election - Home Rule Charter Amendments - 11042025.doc 11 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2025 - _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING AND CERTIFYING THE ELECTION RETURNS, INCLUDING THE RETURNS OF EARLY VOTING BALLOTS CAST IN CONNECTION WITH THE SPECIAL ELECTION HELD ON TUESDAY, NOVEMBER 4, 2025, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF THE COLONY, TEXAS, SEVEN (7) PROPOSED HOME-RULE CHARTER AMENDMENTS; MAKING OTHER DECLARATIONS AND FINDING OTHER MATTERS IN CONNECTION WITH THE SAID ELECTIONS AS SET FORTH HEREIN; ENTERING AN ORDER FI NDING THE CHARTER AMENDMENT PROPOSITIONS APPROVED BY A MAJORITY VOTE OF THE VOTERS OF THE CITY OF THE COLONY, TEXAS, ARE HEREBY ADOPTED, AND ARE EFFECTIVE UPON APPROVAL OF THIS ORDINANCE; FI NDING THAT ALL MATTERS SET FORTH HEREIN ARE TRUE AND CORRECT; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City Council for the City of The Colony, Texas, (hereinafter referred to as the “City”) ordered a Special Election to be held on Tuesday, November 4, 2025 for the purpose of submitting to the qualified voters of the City seven (7) proposed home-rule charter amendments to the City’s Home-Rule Charter (hereinafter referred to as the “Election”); and WHEREAS, the appropriate authority of the City caused to be posted and published, in accordance with applicable laws, notices for the Election; and WHEREAS, the Election was duly and legally held on Tuesday, November 4, 2025, in the City, with 4,424 valid and legal ballots cast, and in conformity with the City’s Home-Rule Charter, and the election laws of the State of Texas, and the results of the Election, including early voting results, have been delivered by the presiding election judge in accordance with law and have been delivered to the City Council as the canvassing authority in accordance with law; and WHEREAS, the City Council for the City of The Colony, Texas, does hereby canvass the returns of the Election set forth herein, and in accordance with law and takes such other actions regarding the results of the said Election as set forth herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. 12 Page 2 SECTION 2. Canvass of Special Election Regarding Home-Rule Charter Amendments. (a) The returns of the Special Election, including the returns of early voting ballots held on Tuesday, November 4, 20 25, for the purpose of submitting to the qua lified voters of the City seven (7) proposed propositions regardin g certain amendments to the City Charter of the City of The Colony, Texas (hereinafter referred to as the “Charter Amendment Election”), showed that there were the following votes “Yes” and “No” for each of the following propositions: (1) Proposition No. A. Shall the City Charter be amended throughout to (A) correct non-substantive errors such as misspellings, punctuation, grammar and sentence structure; (B) provide non-substantive clarifications and include better descriptive language of the matters addressed in the Charter; (C) conform notice, publication, election requirements, and legal requirements to state law; (D) revise references to repealed or obsolete provisions of state law; and (E) reformat and reorganize the Charter? Total Number of Early Voting Votes: Total Number of Votes on Tuesday, November 4, 2025: Total Number of Votes: Yes 1,833 1,837 3,686 w/16 absentee No 240 333 575 w/ 2 absentee (2) Proposition No. B. Shall Section 1.14 of the City Charter, entitled “Sanitary Sewer systems” be amended to provide that the city may prescribe charges, rules, regulations, rates, and restrictions for the city’s sanitary sewer system? Total Number of Early Voting Votes: Total Number of Votes on Tuesday, November 4, 2025: Total Number of Votes: Yes 1,260 1,223 2,497 w/14 absentee No 790 917 1,709 w/2 absentee (3) Proposition No. C. Shall Section 2.08 of the City Charter, entitled “City council compensation” be amended and change the Mayor’s compensation from $100 per month to $350 per month and City Council members’ compensation from $100 per month to $250 per month? Total Number of Early Voting Votes: Total Number of Votes on Tuesday, November 4, 2025: Total Number of Votes: Yes 1,117 1,042 2,169 w/10 absentee No 970 1,151 2,128 w/7 absentee 13 Page 3 (4) Proposition No. D. Shall Section 2.11(a) of the City Charter, entitled “City Council meetings” be amended to change the requirement that City Council shall hold at least one (1) meeting a month to a requirement to hold a minimum of twelve (12) meetings per year? Total Number of Early Voting Votes: Total Number of Votes on Tuesday, November 4, 2025 Total Number of Votes: Yes 1,366 1,416 2,796 w/14 absentee No 724 775 1,503 w/4 absentee (5) Proposition No. E. Shall Section 4.01 of the City Charter, entitled “Appointment and qualifications,” be amended to modify that the city manager may be bonded at city expense in an amount of not less than $100,000.00 from the current requirement of $10,000.00? Total Number of Early Voting Votes: Total Number of Votes on Tuesday, November 4, 2025 Total Number of Votes: Yes 1,247 1,149 2,409 w/13 absentee No 783 958 1,745 w/4 absentee (6) Proposition No. F. Shall Section 4.06 of the City Charter, entitled “Residency requirement” be amended by removing the city secretary from the city residency requirement? Total Number of Early Voting Votes: Total Number of Votes on Tuesday, November 4, 2025: Total Number of Votes: Yes 593 578 1,179 w/8 absentee No 1,464 1,572 3,046 w/10 absentee (7) Proposition No. G. Shall Section 12.02 of the City Charter, entitled “Official bond for city employees” be amended to change to a permissive requirement that the City Council may require bonds of all municipal officers and employees who receive or disburse any funds of the city? Total Number of Early Voting Votes: Total Number of Votes on Tuesday, November 4, 2025: Total Number of Votes: Yes 1,569 1,464 3,049 w/16 absentee No 455 634 1,090 w/1 absentee 14 Page 4 (b) The above foregoing amendments to the City of The Colony, Texas, Home-Rule Charter having been approved by a majority of the qualified voters of the City who voted at the Charter Amendment Election, the said amendments are hereby declared adopted, in accordance with Section 9.005(a) of the Texas Local Government Code, as amended, and shall take effect immediately upon the passage of this Ordinance, in accordance with Section 9.005(b) of the Texas Local Government Code, as amended. (c) The above and foregoing amendments having been adopted, it is hereby ordered that such amendments to the City Home-Rule Charter have been and are adopted, so that the provisions of the City Home-Rule Charter which were subject of the Charter Amendment Election shall read as adopted and added to the respective Home-Rule Charter as adopted, a copy of which is attached hereto as Exhibit A of this Ordinance. (d) In accordance with Section 9.007(a) of the Texas Local Government Code, the Mayor of the City shall certify to the Texas Secretary of State an authenticated copy of the City’s Home- Rule Charter, as amended by this Charter Amendment Election, a copy of which is attached hereto as Exhibit A of this Ordinance, under the City’s seal showing the approval by the eligible voters of the City. (e) In accordance with Section 9.008(a) of the Texas Local Government Code, the City Secretary shall record in the Secretary’s Office the City’s Home-Rule Charter, as amended by this Charter Amendment Election, a copy of which is attached hereto as Exhibit A of this Ordinance. If the Home-Rule Charter and the amendments set forth above are not recorded on microfilm, as may be permitted by another law, it shall be recorded in a book kept for that purpose. SECTION 3. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 18th DAY OF NOVEMBER 2025. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Ana Alvarado, Deputy City Secretary 15 Page 5 APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 16 Page 6 Exhibit A [Home-Rule Charter as amended by the November 4, 2025 Special Election] 17 Agenda Item No: 4.1 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 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: 18 Agenda Item No: 5.1 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 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 November 5, 2025. (Stewart) Background: Attachments: November 5, 2025 CC Minutes.docx 19 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 CITY COUNCIL REGULAR SESSION HELD ON NOVEMBER 5, 2025 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 5th day of November, 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 Present Present Present Present Present Present Joel Marks, Deputy Mayor Pro Tem Absent (Personal) And with 6 council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Richard Boyer called the meeting to order at 6:30 p.m. 1.2 Invocation Pastor James Falola with New Covenant 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 The Salute to the Texas Flag was recited. 1.5 Proclamation recognizing National Animal Shelter Appreciation Week. Mayor proclaimed November 2-9, 2025 as National Animal Shelter Appreciation Week. Animal Services Director Mark Cooper accepted the proclamation. 1.6 Items of Community Interest 1.) City Manager Troy Powell announced the bands scheduled for the upcoming American Heroes celebration. 2.) Mayor Pro Tem Judy Ensweiler announced the food drive on November 15th at 10 a.m. 1.7 Receive presentation from Parks and Recreation regarding upcoming events and activities. 20 City Council – Regular Meeting Agenda November 5, 2025 Page| 2 Special Events Supervisor, Chloe Hancock, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT None 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Perry Schrag, Councilmember; second by Judy Ensweiler, Mayor Pro Tem, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from October 21, 2025. 4.2 Consider approving a resolution authorizing the City Manager to apply for the Bullet- Resistant Components for Law Enforcement Vehicles, FY2026 grant through the Texas Public Safety Office in the amount of $130,143.00. RESOLUTION NO. 2025-122 4.3 Consider approving a resolution authorizing the City Manager to award a purchase to Angel Armor for rifle rated ballistic plates in the amount of $108,133.90. RESOLUTION NO 2025-123 4.4 Consider approving an ordinance budget amendment to supplement the approved Fiscal Year 2025-2026 General Fund budget in the amount of $120,000.00 to fulfill the Tod-Co Consultative Services contract for consulting services rendered for the development of a hotel/convention center in Grandscape. ORDINANCE NO. 2025-2629 4.5 Consider approving a resolution authorizing the City Manager to award a contract to Federal Signal Corporation, in the amount of $149,884.50 for equipment and installation services for three replacement outdoor warning sirens, utilizing the HGAC Contract #HP08-25. RESOLUTION NO. 2025-124 4.6 Consider approving a resolution authorizing the City Manager to award a purchase to Rush Truck Center in the amount of $155,360.80 for the purchase of (2) F150 pick-up trucks and (1) F250 pick-up truck, utilizing BuyBoard contract #724-23. 21 City Council – Regular Meeting Agenda November 5, 2025 Page| 3 RESOLUTION NO. 2025-125 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution authorizing the City Manager to award a contract to H & H Concrete on Demand for concrete, flow-fill, and site-mix for sidewalk, alley, street, curb and gutter repairs in the amount of $300,000.00, utilizing the cooperative purchasing interlocal agreement with the City of Fort Worth contract #37343. Public Works Director James Whitt presented the proposed resolution to council. Council provided discussion on the item. Motion to approve - Judy Ensweiler, Mayor Pro Tem; second by Dan Rainey, Councilmember, motion carried with all ayes. RESOLUTION NO. 2025-126 5.2 Discuss and consider approving a resolution authorizing the City Manager to award a contract to Camelot Landfill for the disposal of solid waste from the Wastewater Treatment Plant in the amount of $347,463.00. Public Works Director James Whitt presented the proposed resolution to council. Council provided discussion on the item. Motion to approve - Judy Ensweiler, Mayor Pro Tem; second by Perry Schrag, Councilmember, motion carried with all ayes. RESOLUTION NO. 2025-127 5.3 Discuss and consider approving a resolution authorizing the City Manager to award a purchase to SNF Polydyne Inc for Clarifloc C-6286 in the amount of $150,000.00, utilizing BuyBoard contract #691-23 exp 03-31-2026 for polymer, a water treatment chemical. Public Works Director James Whitt presented the proposed resolution to council. Council provided discussion on the item. Motion to approve - Judy Ensweiler, Mayor Pro Tem; second by Brian Wade, Councilmember, motion carried with all ayes. RESOLUTION NO. 2025-128 5.4 Discuss and consider approving a resolution authorizing the City Manager to execute a contract with Tyler Technologies to upgrade the Records Management System to the Enterprise Public Safety System in the amount of $455,924.00. 22 City Council – Regular Meeting Agenda November 5, 2025 Page| 4 Police Chief Phillip Foxall presented the proposed resolution to council. Council provided discussion on the item. Motion to approve - Dan Rainey, Councilmember; second by Robyn Holtz, Councilmember, motion carried with all ayes. RESOLUTION NO. 2025-129 5.5 Conduct a public hearing, discuss and consider approving an ordinance approving a First Supplement to Reinvestment Zone Number One Final Project and Reinvestment Zone Financing Plan, by increasing the TIRZ Number One project costs by $2,200,000.00 to include street repairs, signage, traffic signals and repair, concrete repair work, roadway sealing and re-striping, guardrail work and pedestrian tunnel repair work. Executive Business Liaison Jeremie Maurina requested that the public hearing be opened for this item and that the item be considered in the next City Council meeting. Public hearing was opened at 7:07 p.m. and remains open. Motion to continue item to the November 18th City Council meeting- Perry Schrag, Councilmember; second by Dan Rainey, Councilmember, motion carried with all ayes. 5.6 Discuss and consider a resolution approving a Private Transfer Agreement (Grant by Special Warranty Deed) by and between The Colony Local Development Corporation and LMG Ventures, LLC, conveying 1,365,123 square feet or 31.3389-acres of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 174, City of The Colony, Denton County, Texas. Executive Business Liaison Jeremie Maurina presented the proposed resolution to council. Council provided discussion on the item. Motion to approve - Judy Ensweiler, Mayor Pro Tem; second by Dan Rainey, Councilmember, motion carried with all ayes with the exception of Brian Wade, Councilmember voting no. RESOLUTION NO. 2025-130 5.7 Discuss and consider approving a resolution casting the city's votes for representatives to serve on the Denton Central Appraisal District Board of Directors for a two-year term beginning January 1, 2026. Mayor Richard Boyer presented the proposed resolution to council. Council provided discussion on the item. 23 City Council – Regular Meeting Agenda November 5, 2025 Page| 5 Motion to approve casting Mike Hennefer for all 34% vote- Perry Schrag, Councilmember; second by Brian Wade, Councilmember, motion carried with all ayes. RESOLUTION NO. 2025-131 Executive Session was convened at 7:20 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Regular Session was reconvened at 7:56 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). ADJOURNMENT With there being no further business to discuss, the meeting was adjourned at 7:57 p.m. APPROVED: ________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ______________________________________________ Tina Stewart, TRMC, CMC, City Secretary 24 Agenda Item No: 5.2 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 2025 Submitted By: Ana Alvarado Submitting Department: Police Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to award a contract to All City Management for school crossing guard services for the 2025-2026 school year in the amount of $158,211.46. (Foxall) Background: All City Management has been the City of The Colony's contract service provider for school crossing guard services for several years. During the FY 25-26 budget process, All City Management quoted $146,673.08 for services during the 2025-2026 school year. Based on citizen input due to school zone changes, additional staffing was requested. On October 8, 2025 City Council approved Ordinance #2025-2624 to modify the contract amount by adding $11,538.38 to the contract to pay for additional school crossing guard time. This brings the total contract price to $158,211.46 which was approved in the FY 25-26 general fund budget and the approved ordinance budget amendment. Attachments: 2025-26 Contract Amendment All City Management Requisition Res. 2025-xxx All City Management Contract.doc 25 Amendment to Agreement between All City Management Services, Inc., and the City of The Colony for providing School Crossing Guard Services The City of The Colony hereinafter referred to as the "City” and All City Management Services, Inc., located at 11643 Telegraph Road, Santa Fe Springs, CA 90670, hereinafter referred to as the "Contractor", mutually agree to amend the existing Agreement entered into on March 26, 2025, as follows: 1. Item #14 The City agrees to pay the Contractor for the services rendered pursuant to this Agreement the sum of Thirty-one Dollars and Ninety-eight Cents ($31.98) per hour, per Crossing Guard during the term. Based on a minimum of twelve (12) sites and upon a projected (4,947.20) hours of service the cost shall not exceed One Hundred Fifty-eight Thousand, Two Hundred Eleven Dollars, and Forty-six Cents (158,211.46) for the 2025-2026 school year, unless Contractor fails to perform service. Except as provided for in Item #14 all other terms and conditions of the original Agreement and Amendments thereto between the City of The Colony and the Contractor remain in effect. City of The Colony All City Management Services, Inc. By_______________________________By_____________________________ Demetra Farwell, Corporate SecretarySignature Date___________________________________________________________ Print Name and Title Date____________________________ October 27, 2025 26 All City Management Services Inc. Billing Rate for 2025 - 2026: $31.98 KEY: 16 180 2880 $31.98 =$92,102.40 8 days/yr X Hourly Billing Rate 9.48 180 1706.4 $31.98 =$54,570.67 3 days/yr X Hourly Billing Rate 2.2 164 360.8 $31.98 =$11,538.38 1 days/yr X Hourly Billing Rate 4947.2 $158,211.46 5151 N. Colony Blvd. For sites with no regularly scheduled early release days, use 180 regular days Client Worksheet 2025 - 2026 2303001Department: City of The Colony Sites with traditional calendar: Total Hrs/day X Sites at 2.0 hrs per day Sites at 2.20 hrs per day Total Hrs/day X Sites at 3.16 hrs per day Total Hrs/day X The Colony, TX 75056 Traditional Calendar: TOTAL PROJECTED HOURS TOTAL ANNUAL PROJECTED COST 27 VENDOR NAME: ADDRESS:Vendor 1 Vendor 2 Vendor 3 -$ -$ -$ 1 1 158,211.46$ 158,211.46$ -$ -$ -$ -$ -$ -$ -$ -$ Sub-Total:158,211.46$ Freight:-$ Total:158,211.46$ PREPARED BY:APPROVED BY: All City Management 11643 Telegraph Rd. Santa Fe Springs, California 90670 ITEM#QUANTITY Required Documentation at Time of Submission: Contract & Quote Matrix Annual Renewal? - Bid No., Contract Information, Etc. (Must be attached): Attached City Council Approved? - Date of Approval Justification: Annual crossing guard contract for 2025-2026 school year. Quotes - Written - INCLUDE ONE HUB (Must be attached): Quote Matrix Contract - Including Cooperative/Inter-Local? - Information & Documentation: Attached REQUISITION FOR PURCHASE ORDER PURCHASES OVER $5,000.00 DETAILED DESCRIPTION PLEASE BE VERY SPECIFIC INCLUDE COPY OF EACH QUOTE FUND/DEPT/ACCT/PROJ NUMBER I hereby certify by signing the requisition the above materials or supplies are necessary for this department, and there are sufficient funds available for this purchase. 100-675-6213 UNIT PRICE TOTAL Crossing Guard Contract Renewal 2025-2026 28 29 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 ALL CITY MANAGEMENT FOR SCHOOL CROSSING GUARD SERVICES FOR THE 2025-2026 SCHOOL YEAR; AND 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 with All City Management for school crossing guard services for the 2025-2026 school year; and WHEREAS, with this contract, the City of The Colony is agreeing to the services not to exceed the amount of $158,211.46. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The Contract, having been reviewed by the City Council of the City of The Colony, Texas, 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 18th DAY OF NOVEMBER 2025. __________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ________________________________ Ana Alvarado, Deputy City Secretary APPROVED AS TO FORM: __________________________________ Jeffrey L. Moore, City Attorney 30 Agenda Item No: 5.3 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 2025 Submitted By: Ana Alvarado Submitting Department: Police Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to award a purchase to Axon Enterprise for in-car cameras and body worn cameras in the amount of $289,857.70. (Foxall) Background: In December 2023, the City of The Colony entered into a contract with Axon Enterprise to provide in-car video camera systems, body worn camera systems, along with online services and storage. The contract is for five years and this purchase pays for year three of that contract. The year three cost for the in-car camera system is $160,693.36 and the year three cost for the body worn camera systems is $129,164.34. The $289,857.70 was approved in the FY 25-26 general fund budget. Attachments: Quote - Fleet 3 Quote - BWC PO Requisition - Axon BWC & Fleet 3 Res. 2025-xxx Axon Enterprise Purchase.docx 31 Page 1 Q-456678-45205.743MA Q-456678-45205.743MA Issued: 10/06/2023 Quote Expiration: 10/31/2023 Estimated Contract Start Date: 05/01/2024 Account Number: 117147 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Business;Delivery;Invoice-5151 N Colony Blvd 5151 N Colony Blvd The Colony, TX 75056-1219 USA The Colony Police Dept. - TX 5151 N Colony Blvd The Colony TX 75056-1219 USA Email: Matt Appelbaum Phone: Email: mappelbaum@axon.com Fax: Jay Goodson Phone: 972-624-3938 Email: jgoodson@thecolonytx.gov Fax: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $35,448.00 TOTAL COST $627,264.00 ESTIMATED TOTAL W/ TAX $627,264.00 TOTAL SAVINGS $177,240.00 Payment Summary Date Subtotal Tax Total Apr 2024 $110,606.64 $0.00 $110,606.64 Apr 2025 $129,164.34 $0.00 $129,164.34 Apr 2026 $129,164.34 $0.00 $129,164.34 Apr 2027 $129,164.34 $0.00 $129,164.34 Apr 2028 $129,164.34 $0.00 $129,164.34 Total $627,264.00 $0.00 $627,264.00 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 32 Page 2 Q-456678-45205.743MA Quote Unbundled Price:$804,504.00 Quote List Price:$748,488.00 Quote Subtotal:$627,264.00 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program Fleet3A Fleet 3 Advanced 40 60 $277.91 $254.57 $204.06 $489,744.00 $0.00 $489,744.00 A la Carte Hardware R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 40 $3,363.00 $3,363.00 $134,520.00 $0.00 $134,520.00 A la Carte Services 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $3,000.00 $3,000.00 $3,000.00 $0.00 $3,000.00 Total $627,264.00 $0.00 $627,264.00 33 Page 3 Q-456678-45205.743MA Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date CRADLEPOINT R1900 SINGLE MODEM KIT 100146 CRADLEPOINT R1900-5GB-GA+5YR NETCLOUD 40 04/01/2024 CRADLEPOINT R1900 SINGLE MODEM KIT 71203 FLEET ANT, AIRGAIN, 7-IN-1, 4LTE/5G, 2WIFI, 1GNSS, BL 40 04/01/2024 CRADLEPOINT R1900 SINGLE MODEM KIT 72034 FLEET SIM INSERTION, VZW 40 04/01/2024 Fleet 3 Advanced 70112 AXON SIGNAL UNIT 40 04/01/2024 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 40 04/01/2024 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 04/01/2024 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 40 04/01/2029 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 1 04/01/2029 Software Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 40 05/01/2024 04/30/2029 Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 40 05/01/2024 04/30/2029 Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 40 05/01/2024 04/30/2029 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 80 05/01/2024 04/30/2029 Services Bundle Item Description QTY Fleet 3 Advanced 73391 FLEET 3 DEPLOYMENT (PER VEHICLE)40 A la Carte 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 40 05/01/2024 04/30/2029 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 40 03/01/2025 04/30/2029 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1 03/01/2025 04/30/2029 34 Page 4 Q-456678-45205.743MA Payment Details Apr 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $529.00 $0.00 $529.00 Year 1 Fleet3A Fleet 3 Advanced 40 $86,357.48 $0.00 $86,357.48 Year 1 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 40 $23,720.16 $0.00 $23,720.16 Invoice Upon Fulfillment R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 40 $0.00 $0.00 $0.00 Total $110,606.64 $0.00 $110,606.64 Apr 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $617.75 $0.00 $617.75 Year 2 Fleet3A Fleet 3 Advanced 40 $100,846.63 $0.00 $100,846.63 Year 2 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 40 $27,699.96 $0.00 $27,699.96 Total $129,164.34 $0.00 $129,164.34 Apr 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $617.75 $0.00 $617.75 Year 3 Fleet3A Fleet 3 Advanced 40 $100,846.63 $0.00 $100,846.63 Year 3 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 40 $27,699.96 $0.00 $27,699.96 Total $129,164.34 $0.00 $129,164.34 Apr 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $617.75 $0.00 $617.75 Year 4 Fleet3A Fleet 3 Advanced 40 $100,846.63 $0.00 $100,846.63 Year 4 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 40 $27,699.96 $0.00 $27,699.96 Total $129,164.34 $0.00 $129,164.34 Apr 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 100159 FLEET 3 - ALPR - API INTEGRATION SERVICES 1 $617.75 $0.00 $617.75 Year 5 Fleet3A Fleet 3 Advanced 40 $100,846.63 $0.00 $100,846.63 Year 5 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 40 $27,699.96 $0.00 $27,699.96 Total $129,164.34 $0.00 $129,164.34 35 Page 5 Q-456678-45205.743MA Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Contract BuyBoard Contract 648-21 is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 36 Page 6 Q-456678-45205.743MA \s1\\d1\ Signature Date Signed 10/6/2023 37 1 FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and The Colony Police Dept. - TX the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer) Purpose and Intent AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW. This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW. Acceptance Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW. Force Majeure 38 2 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence. Schedule Change Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work. Axon Fleet Deliverables Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only. Security Clearance and Access Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check’s requirements. Training AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON. Local Computer 39 3 AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables. Network AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables. Cradlepoint Router When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work. Evidence.com AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW. Wireless Upload System If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY’s existing network a wireless network infrastructure as identified in the AGENCY’s binding quote based on conditions of the sale. VEHICLE INSTALLATION Preparedness 40 4 On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence. Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW. Existing Mobile Video Camera System Removal On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY. Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space. Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer. In-Car Hardware/Software Delivery and Installation On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process. If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”), such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties. 41 5 Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation. Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system’s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type. Agreed placement will be documented by the AXON Installer. AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations. 42 6 The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware. 43 Page 1 Q-453546-45205.735MA Q-453546-45205.735MA Issued: 10/06/2023 Quote Expiration: 10/31/2023 Estimated Contract Start Date: 01/01/2024 Account Number: 117147 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Business;Delivery;Invoice-5151 N Colony Blvd 5151 N Colony Blvd The Colony, TX 75056-1219 USA The Colony Police Dept. - TX 5151 N Colony Blvd The Colony TX 75056-1219 USA Email: Matt Appelbaum Phone: Email: mappelbaum@axon.com Fax: Jay Goodson Phone: 972-624-3938 Email: jgoodson@thecolonytx.gov Fax: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $42,126.00 TOTAL COST $791,166.80 ESTIMATED TOTAL W/ TAX $791,166.80 TOTAL SAVINGS $210,630.00 Payment Summary Date Subtotal Tax Total Dec 2023 $148,393.36 $0.00 $148,393.36 Dec 2024 $160,693.36 $0.00 $160,693.36 Dec 2025 $160,693.36 $0.00 $160,693.36 Dec 2026 $160,693.36 $0.00 $160,693.36 Dec 2027 $160,693.36 $0.00 $160,693.36 Total $791,166.80 $0.00 $791,166.80 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 44 Page 2 Q-453546-45205.735MA Quote Unbundled Price:$1,001,796.80 Quote List Price:$920,016.80 Quote Subtotal:$791,166.80 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program BWCUwTAP BWC Unlimited with TAP 100 60 $112.21 $98.58 $82.58 $495,480.00 $0.00 $495,480.00 A la Carte Hardware H00001 AB4 Camera Bundle 100 $849.00 $749.00 $74,900.00 $0.00 $74,900.00 H00002 AB4 Multi Bay Dock Bundle 12 $1,638.90 $1,638.90 $19,666.80 $0.00 $19,666.80 A la Carte Software 80227 RESPOND VIEW-ONLY ACCESS 1 60 $0.00 $0.00 $0.00 $0.00 $0.00 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 300 60 $0.55 $0.00 $0.00 $0.00 $0.00 73449 RESPOND DEVICE LICENSE 100 60 $5.00 $5.00 $30,000.00 $0.00 $30,000.00 80322 LIVE STREAMING ADD-ON ACCESS 100 60 $9.00 $9.00 $54,000.00 $0.00 $54,000.00 73682 AUTO TAGGING LICENSE 100 60 $9.76 $9.76 $58,560.00 $0.00 $58,560.00 73739 PERFORMANCE LICENSE 100 60 $9.76 $9.76 $58,560.00 $0.00 $58,560.00 A la Carte Services 85144 AXON STARTER 1 $9,950.00 $0.00 $0.00 $0.00 $0.00 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 $3,000.00 $0.00 $0.00 $0.00 $0.00 Total $791,166.80 $0.00 $791,166.80 45 Page 3 Q-453546-45205.735MA Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 100 12/01/2023 AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 3 12/01/2023 AB4 Camera Bundle 100466 USB-C to USB-C CABLE FOR AB4 110 12/01/2023 AB4 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 110 12/01/2023 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 12 12/01/2023 AB4 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 12 12/01/2023 AB4 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 12 12/01/2023 BWC Unlimited with TAP 73309 AXON CAMERA REFRESH ONE 103 06/01/2026 BWC Unlimited with TAP 73689 MULTI-BAY BWC DOCK 1ST REFRESH 12 06/01/2026 BWC Unlimited with TAP 73310 AXON CAMERA REFRESH TWO 103 12/01/2028 BWC Unlimited with TAP 73688 MULTI-BAY BWC DOCK 2ND REFRESH 12 12/01/2028 Software Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 100 01/01/2024 12/31/2028 BWC Unlimited with TAP 73746 PROFESSIONAL EVIDENCE.COM LICENSE 100 01/01/2024 12/31/2028 A la Carte 73449 RESPOND DEVICE LICENSE 100 01/01/2024 12/31/2028 A la Carte 73682 AUTO TAGGING LICENSE 100 01/01/2024 12/31/2028 A la Carte 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 300 01/01/2024 12/31/2028 A la Carte 73739 PERFORMANCE LICENSE 100 01/01/2024 12/31/2028 A la Carte 80227 RESPOND VIEW-ONLY ACCESS 1 01/01/2024 12/31/2028 A la Carte 80322 LIVE STREAMING ADD-ON ACCESS 100 01/01/2024 12/31/2028 Services Bundle Item Description QTY A la Carte 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 A la Carte 85144 AXON STARTER 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 80464 EXT WARRANTY, CAMERA (TAP)3 01/01/2024 12/31/2028 BWC Unlimited with TAP 80464 EXT WARRANTY, CAMERA (TAP)100 11/01/2024 12/31/2028 BWC Unlimited with TAP 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP)12 12/01/2024 12/31/2028 46 Page 4 Q-453546-45205.735MA Payment Details Dec 2023 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 73449 RESPOND DEVICE LICENSE 100 $5,626.88 $0.00 $5,626.88 Year 1 73682 AUTO TAGGING LICENSE 100 $10,983.67 $0.00 $10,983.67 Year 1 73739 PERFORMANCE LICENSE 100 $10,983.67 $0.00 $10,983.67 Year 1 80227 RESPOND VIEW-ONLY ACCESS 1 $0.00 $0.00 $0.00 Year 1 80322 LIVE STREAMING ADD-ON ACCESS 100 $10,128.38 $0.00 $10,128.38 Year 1 85144 AXON STARTER 1 $0.00 $0.00 $0.00 Year 1 BWCUwTAP BWC Unlimited with TAP 100 $92,933.56 $0.00 $92,933.56 Year 1 H00001 AB4 Camera Bundle 100 $14,048.44 $0.00 $14,048.44 Year 1 H00002 AB4 Multi Bay Dock Bundle 12 $3,688.76 $0.00 $3,688.76 Invoice Upon Fulfillment H00001 AB4 Camera Bundle 100 $0.00 $0.00 $0.00 Total $148,393.36 $0.00 $148,393.36 Jan 2024 Invoice Plan Item Description Qty Subtotal Tax Total Invoice Upon Fulfillment 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 300 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 Dec 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 73449 RESPOND DEVICE LICENSE 100 $6,093.28 $0.00 $6,093.28 Year 2 73682 AUTO TAGGING LICENSE 100 $11,894.08 $0.00 $11,894.08 Year 2 73739 PERFORMANCE LICENSE 100 $11,894.08 $0.00 $11,894.08 Year 2 80227 RESPOND VIEW-ONLY ACCESS 1 $0.00 $0.00 $0.00 Year 2 80322 LIVE STREAMING ADD-ON ACCESS 100 $10,967.90 $0.00 $10,967.90 Year 2 85144 AXON STARTER 1 $0.00 $0.00 $0.00 Year 2 BWCUwTAP BWC Unlimited with TAP 100 $100,636.62 $0.00 $100,636.62 Year 2 H00001 AB4 Camera Bundle 100 $15,212.89 $0.00 $15,212.89 Year 2 H00002 AB4 Multi Bay Dock Bundle 12 $3,994.51 $0.00 $3,994.51 Total $160,693.36 $0.00 $160,693.36 Dec 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 73449 RESPOND DEVICE LICENSE 100 $6,093.28 $0.00 $6,093.28 Year 3 73682 AUTO TAGGING LICENSE 100 $11,894.08 $0.00 $11,894.08 Year 3 73739 PERFORMANCE LICENSE 100 $11,894.08 $0.00 $11,894.08 Year 3 80227 RESPOND VIEW-ONLY ACCESS 1 $0.00 $0.00 $0.00 Year 3 80322 LIVE STREAMING ADD-ON ACCESS 100 $10,967.90 $0.00 $10,967.90 Year 3 85144 AXON STARTER 1 $0.00 $0.00 $0.00 Year 3 BWCUwTAP BWC Unlimited with TAP 100 $100,636.62 $0.00 $100,636.62 Year 3 H00001 AB4 Camera Bundle 100 $15,212.89 $0.00 $15,212.89 47 Page 5 Q-453546-45205.735MA Dec 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 H00002 AB4 Multi Bay Dock Bundle 12 $3,994.51 $0.00 $3,994.51 Total $160,693.36 $0.00 $160,693.36 Dec 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 73449 RESPOND DEVICE LICENSE 100 $6,093.28 $0.00 $6,093.28 Year 4 73682 AUTO TAGGING LICENSE 100 $11,894.08 $0.00 $11,894.08 Year 4 73739 PERFORMANCE LICENSE 100 $11,894.08 $0.00 $11,894.08 Year 4 80227 RESPOND VIEW-ONLY ACCESS 1 $0.00 $0.00 $0.00 Year 4 80322 LIVE STREAMING ADD-ON ACCESS 100 $10,967.90 $0.00 $10,967.90 Year 4 85144 AXON STARTER 1 $0.00 $0.00 $0.00 Year 4 BWCUwTAP BWC Unlimited with TAP 100 $100,636.62 $0.00 $100,636.62 Year 4 H00001 AB4 Camera Bundle 100 $15,212.89 $0.00 $15,212.89 Year 4 H00002 AB4 Multi Bay Dock Bundle 12 $3,994.51 $0.00 $3,994.51 Total $160,693.36 $0.00 $160,693.36 Dec 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 73449 RESPOND DEVICE LICENSE 100 $6,093.28 $0.00 $6,093.28 Year 5 73682 AUTO TAGGING LICENSE 100 $11,894.08 $0.00 $11,894.08 Year 5 73739 PERFORMANCE LICENSE 100 $11,894.08 $0.00 $11,894.08 Year 5 80227 RESPOND VIEW-ONLY ACCESS 1 $0.00 $0.00 $0.00 Year 5 80322 LIVE STREAMING ADD-ON ACCESS 100 $10,967.90 $0.00 $10,967.90 Year 5 85144 AXON STARTER 1 $0.00 $0.00 $0.00 Year 5 BWCUwTAP BWC Unlimited with TAP 100 $100,636.62 $0.00 $100,636.62 Year 5 H00001 AB4 Camera Bundle 100 $15,212.89 $0.00 $15,212.89 Year 5 H00002 AB4 Multi Bay Dock Bundle 12 $3,994.51 $0.00 $3,994.51 Total $160,693.36 $0.00 $160,693.36 48 Page 6 Q-453546-45205.735MA Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Contract BuyBoard Contract 648-21 is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 49 Page 7 Q-453546-45205.735MA \s1\\d1\ Signature Date Signed 10/6/2023 50 VENDOR NAME: ADDRESS:Vendor 1 Vendor 2 Vendor 3 289,857.70$ N/A N/A 1 1 160,693.36$ 160,693.36$ 2 1 129,164.34$ 129,164.34$ -$ -$ -$ -$ -$ -$ -$ Sub-Total:289,857.70$ Freight:-$ Total:289,857.70$ UNIT PRICE TOTAL Axon AB4 Body Worn Camera Contract (Year 3) Axon Fleet 3 Dash Camera Contract (Year 3) Quotes - Written - INCLUDE ONE HUB (Must be attached) Contract - Including Cooperative/Inter-Local? - Information & Documentation (Must be attached) REQUISITION FOR PURCHASE ORDER PURCHASES OVER $5,000.00 DETAILED DESCRIPTION PLEASE BE VERY SPECIFIC INCLUDE COPY OF EACH QUOTE FUND/DEPT/ACCT/PROJ NUMBER I hereby certify by signing the requisition the above materials or supplies are necessary for this department, and there are sufficient funds available for this purchase. 100-675-6213 100-675-6213 PREPARED BY:APPROVED BY: Axon Enterprise, Inc. 17800 N. 85th St. Scottsdale, AZ 858255 ITEM#QUANTITY Required Documentation at Time of Submission: Annual Renewal? - Bid No., Contract Information, Etc. (Must be attached) City Council Approved? - Date of Approval Justification: Year 3 of 5 year Axon contract payments for body worn and dash camera systems. 51 52 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 PURCHASE TO AXON ENTERPRISE FOR IN-CAR CAMERAS AND BODY WORN CAMERAS; 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 purchase to Axon Enterprise in the amount of $289,857.70 for in-car cameras and body worn cameras. Section 2. That the City Manager and/or his designee are authorized to award said purchase. 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 18th DAY OF NOVEMBER 2025. ____________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ___________________________________________ Ana Alvarado, Deputy City Secretary APPROVED AS TO FORM: ___________________________________________ Jeffrey L. Moore, City Attorney 53 Agenda Item No: 6.1 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 2025 Submitted By: Ana Alvarado Submitting Department: Item Type: Resolution Agenda Section: regular agenda items Suggested Action: Discuss and consider approving a resolution authorizing the City Manager to execute a Professional Services Agreement with Parkhill to provide Design Documents for B.B. Owen and Turner Soccer Complex in an amount not to exceed $569,209.00 to be funded by the Community Development Corporation. (Lehmann) Background: Attachments: CITY_MEMO_PARKHILL_ATHLETIC_COMPLEXES_DESIGN.pdf 2025-09-24-Parkhill Professional Services Proposal-Athletic Complexes Renovation.pdf Res. 2025-xxx Parkhill Professional Service Agreement.doc 54 AGENDA ITEM TO: Mayor and City Council, City Manager DATE SUBMITTED: 11/07/2025 MEETING DATE: 11/18/2025 SUMMARY OF REQUEST: Consider approval of a Professional Services Agreement AGENDA ITEM Turner Soccer Complex • Replace existing gravel parking with new concrete parking lot. • Replace existing restroom structure with new prefabricated restroom structure. • Provide new accessible sidewalks from parking to center of fields. • New concrete valley gutter. (Improve Drainage) • Renovate existing soccer fields by scalping, aerating and topdressing. Minor regrading as required to facilitate better drainage. Provide new SOD. • Existing field lighting has been previously converted to LED and will remain as-is. • Replace entire site’s irrigation system. Scope of Work: • Topo Survey o Site Layout and boundaries • Geotechnical Report o Soils report for restroom and parking lot design • Design Development o AGENDA ITEM Parkhill Fee: Budget: September 24, 2025 Mr. Calvin Lehman Park Development Manager City of The Colony 6800 Main Street The Colony, Texas 75056 RE: Proposal for Professional Services Athletic Complexes Renovation (BB Owens Softball Complex and Turner Soccer Complex) 5700 Squires Drive, The Colony, Texas 75056 – BB Owens Softball Complex 5900 Turner Street, The Colony, Texas 75056 – Turner Soccer Complex Dear Mr. Lehman: Parkhill (A/E) is pleased to have the opportunity to provide this proposal for Landscape Architecture, Engineering, Surveying and Archeological Services to City of The Colony (CLIENT) for the referenced Project. PROJECT DESCRIPTION The project consists of professional landscape architecture, engineering, surveying, geotechnical and archeological design services for the renovation of BB Owens Softball Complex, and Turner Soccer Complex. We understand the scope at each site to closely follow the recommendations provided by Parkhill during the previously completed athletic facility assessment project and are shown in the attached drawings as Exhibit B and below broken out scope. Our understanding is that the intended delivery method is Design-Bid-Build and the project construction budget is $6,050,000.00. BB Owens Softball Complex: Understood Project construction budget is $4,175,000.00. Replace existing gravel parking with new concrete parking lot. Replace existing restroom structure with new prefabricated restroom structure (2 family stalls). Small playground set with shade sails. New entry plaza to Park. New sidewalk within Squires Drive right-of-way. Park monument sign provided by Owner. Replace north softball field with new topsoil, sod, infield mix, fencing, dugouts, backstop, bleachers, and shade structures. Provide storm routing and connection for future installation of synthetic field turf. Replace south field with new multi-purpose field with new topsoil, sod, fencing, dugouts, backstop, bleachers and turf. Re-lamp existing athletic light poles with LED fixtures. Provide new athletic lighting for revised south field layout. Provide lighting in parking lot and plaza. Replace entire site’s irrigation system. New scoreboards provided by Owner. Exhibit A 58 Mr. Calvin Lehman Page 2 City of The Colony Turner Soccer Complex: Understood Project construction budget is $1,875,000.00. Replace existing gravel parking with new concrete parking lot. Replace existing restroom structure with new prefabricated restroom structure (2 family stalls). Provide new accessible sidewalks from parking to center of fields. New sidewalks around parking and in Turner Street right-of-way. New concrete valley gutter. Park monument sign provided by Owner. Renovate existing soccer fields by scalping, aerating and topdressing. Minor regrading as required to facilitate better drainage. Provide new sod. Existing field lighting has been previously converted to LED and will remain as-is. Provide lighting in parking lot. Replace entire site’s irrigation system. SCOPE OF SERVICES A/E proposes to provide the following Professional Landscape Architecture, Site Civil Engineering, Electrical Engineering, Surveying, Geotechnical and Archeological services for the Project as detailed in Exhibit A. SCHEDULE A tentative schedule for submitting our work is as follows. Changes to the below schedule may become necessary due to changes in scope or other circumstances beyond A/E’s control. TASK MONTHS Survey 1.5 Design Development 1.5 Construction Documents 3 Permit Phase 1.5 Bid Phase 2 Construction Phase 12 Total Project Duration 21.5 Exhibit A September 24, 2025 59 Mr. Calvin Lehman Page 3 City of The Colony COMPENSATION Our fee for the Scope of Services described in Exhibit A will be based on a lump sum amount as listed below and will be billed on a percentage complete method. Basic Services Percentage (%) Fee a. Schematic Design (excluded) 15% (excluded) Parkhill will utilize the concept site plans developed for the athletic fields assessment project as the basis for this project and will start in the Design Development phase. b. Design Development 25% $ 143,688.00 c. Construction Documents 35% $ 201,163.00 d. Bid Phase 05% $ 28,738.00 e. Construction Phase 20% $ 114,950.00 Total Basic Services 100% $ 488,539.50 Supplemental Services Fee a. Topographic and Boundary Survey $ 39,500.00 b. Geotechnical Services $ 18,975.00 c. Archeological Survey $ 18,975.00 d. Additional Archeological Site Recording (Per site fee) $ 3,220.00 Total Supplemental Services $ 80,670.00 Total A/E Services $ 569,209.00 Reimbursable expenses will be billed at invoice cost plus a 15% markup for handling and include, but are not limited to, travel, postage/shipping, reproductions/copies, accessibility review and inspection fees, and reproduction of Contract Documents. We estimate these expenses to be approximately $10,000.00. If this proposal meets your expectations, you may indicate your acceptance by returning one signed copy to our office. Upon receipt, we will wait to receive your Purchase Order. We will not proceed until receiving your written authorization. We appreciate the opportunity to provide Professional Services to you and look forward to the successful completion of your project. If you have any questions, please do not hesitate to call us. Exhibit A September 24, 2025 60 Mr. Calvin Lehman Page 4 City of The Colony Sincerely, PARKHILL (A/E) CITY OF THE COLONY (CLIENT) By Signature: Michael Chad Davis, RLA Director of Landscape Architecture l Partner Name: Title: Date: By Landon Bell, RLA Project Manager l Associate MCD/ilc Enclosures: Exhibit A – Scope of Services Exhibit B – Concept Site Plans Exhibit C – Hourly Rates “The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337, (512) 305-9000, www.tbae.state.tx.us has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas.” Exhibit A September 24, 2025 61 Exhibit A │ Scope of Services Page 1 of 5 EXHIBIT A SCOPE OF SERVICES DESIGN SERVICES A/E proposes to provide the following Professional Landscape Architecture, Site Civil Engineering, Electrical Engineering, Surveying, Geotechnical and Archeological services for the Project’s Scope of Services. BASIC SERVICES __________ A. DESIGN DEVELOPMENT SERVICES A/E will provide Design Development Documents based on Concept Drawings from the Athletic Field Assessment Project, defined herein as Exhibit B, and Project Budget. A/E shall prepare drawings and other documents to fix and describe the size and character of the Project with regard to site, civil, and electrical systems, materials to be used, and specific site amenities/furnishings as may be appropriate. A/E shall coordinate with governmental authorities, as required, and provide information requested for compliance with applicable codes, ordinances, and laws. A/E shall coordinate with local utility companies, as necessary, to obtain information regarding impacts and how those impacts may affect Project cost. Deliverables: Preliminary Demolition Plan. Preliminary Site Plan. Preliminary Grading Plan. Preliminary Softscape Plan. Preliminary Storm Drainage Layout. Preliminary Utility Layout. Preliminary Site Lighting Plan. Informational digital submittals for review/comment by Client (Playground, Shade Structure, Prefabricated Restroom). Opinion of Probable Cost. Two (2) meetings as necessary. B. CONSTRUCTION DOCUMENT SERVICES Any comments provided by staff for the Design Development phase will be incorporated into the Construction Document Phase. Based on the Clients’ comments, the A/E shall further develop the plans, coordinate the various Park elements and systems, develop construction details, and prepare the Project Manual which includes Technical Specifications setting forth in detail the requirements for construction. A/E will assist CLIENT in the preparation of the construction contract between the CLIENT and contractor and other standard contract forms that may be required. A/E shall meet applicable City of The Colony design and construction standards, coordinate plans with City Departments, meet applicable state regulations, and submit Construction Documents to the Owner for development review. Deliverables (50% CD Design Review Submittal, 95% CD Design Review Submittal, Issue for Permit Submittal): Demolition Plan. Erosion Control Plan. 62 Exhibit A │ Scope of Services Page 2 of 5 Drainage Area Maps. Site Utility Layout. Storm Drainage Layout. Site Plan. Grading Plan. Planting Plan. Irrigation Plan. Site Details and Sections. Project Manual with Technical Specifications. Project Manual shall utilize City of The Colony Contract/Front Ends. Opinion of Probable Cost. Three (3) meetings as necessary. C. BID PHASE SERVICES A/E will assist CLIENT in solicitation and procurement of the General Contractor. A/E will assist CLIENT in the preparation of necessary bidding information, bidding forms, and contract between the CLIENT and contractor and other standard contract forms that may be required. A/E will inform CLIENT, to the best of their knowledge, and will assist CLIENT in connection with CLIENT’s responsibility, for filing documents required of governmental authorities having jurisdiction over the Project. A/E shall answer questions from Bidders, prepare addenda as necessary, review substitution requests from Contractor(s), attend pre-bid meeting, attend bid opening, assist Owner in pre-qualification of bidders and prepare bid tabulations. D. CONSTRUCTION PHASE SERVICES A/E will be the representative of and will advise and consult with CLIENT during construction until the final payment to the contractor is due. A/E will have authority to act on behalf of CLIENT only to the extent provided in this Proposal, unless otherwise modified by written instrument. A/E will visit the site a maximum of (24) twenty-four times throughout construction to become familiar with the progress and quality of the Work completed, and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, A/E will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observation as an Landscape Architect or Engineer, A/E will keep CLIENT informed of the progress and quality of the Work. Based on A/E’s observations and evaluations of the contractor’s Applications for Payment, A/E will review and certify the amounts due to the contractor. A/E shall review shop drawings and other submittal information for purposes of ascertaining conformance with design intent and Construction Documents. Assist CLIENT in conducting the substantial completion and final completion observations. A/E will visit the site at the end of the Project warranty period and share list of items to be replaced with Contractor. E. RECORD DRAWINGS A/E will transfer information provided by the Contractor (As Built/Markups) after construction is complete. The (As Built/Markups) will be provided to A/E by the Contractor, by means of digital files (AutoCAD & PDF). A/E will produce Record Drawings from these files to submit to CLIENT for their records. 63 Exhibit A │ Scope of Services Page 3 of 5 SUPPLEMENTAL SERVICES _____ F. TOPOGRAPHIC AND BOUNDARY SURVEY A/E will provide a Topographic and Boundary Survey for both project site(s) within project work area extents of Exhibit B. Survey shall include: known property boundaries, deed lines, right-of-way lines and easement lines and all visible physical features that may affect future design including, but not limited to, trees (with caliper inches taken at 4.5 feet above grade including common names), spot elevations, break lines, drainage features, existing site contours, road profiles, curbs, sidewalks, pavement limits, signs, utility poles, electric transmission lines, pedestals, valves, manholes, boxes and any other visible evidence of subsurface utilities. During fieldwork, sanitary sewer manhole depths, and storm inlet depths will be captured. Surveyor will call TX811 and tie down all marked utilities. Surveyor will identify existing property boundary monuments / pins / rebar, etc., review online plats, easements and right-of-way lines within and around the subject parcels. Deliverables: PDF and AutoCAD Drawing of Topographic and Boundary Survey at each site. G. GEOTECHNICAL SERVICES The A/E shall secure the services of a Geotechnical Engineer to investigate the engineering properties of the soils and to make recommendations on the design of the restroom subgrade and parking lots. Services include a total of (6) six bores at the fields, (2) two bores at restroom building locations, and (2) two bores at parking lot locations. H. ARCHEOLOGICAL SURVEY Regulatory Framework Antiquities Code of Texas (ACT) The Antiquities Code of Texas (ACT) as outlined in the TAC Title 13 Part II and the Texas Natural Resource Code (TNRC) Title 9 Chapter 191 requires that the Texas Historical Commission (THC) staff review any action by a state agency or a state political subdivision that has the potential to disturb historic and archeological sites on public land. Public land is defined as property under the control of a subsidiary of the state, which includes permanent and temporary easements. Examples of projects that require review, include reservoirs constructed by river authorities and water districts; construction of recreational parks or the expansion of existing facilitates by city governments; energy exploration by private companies on public land; and construction by a city or county government that exceeds five acres or 5,000 cubic yards, whichever comes first. If the activity occurs inside a designated historic district, or affects a recorded archeological site, it needs to be reviewed, regardless of project size. The ACT also requires THC review for any project less than the thresholds mentioned above yet requires subsurface archeological investigations to determine the presence of absence of archeological materials on public land. As the City of The Colony is a political entity of the State of Texas, it is required to comply with the ACT. Archeological Survey Scope: To ensure compliance with ACT requirements for the proposed project, Integrated Environmental Solutions, LLC (IES) will provide the following services: Obtain a Texas Antiquities Permit from the THC to conduct the survey. Completing a full, pedestrian survey to document cultural resources sites 50 years or older within and adjacent the project area. 64 Exhibit A │ Scope of Services Page 4 of 5 Make preliminary determinations of eligibility for inclusion in the NRHP or as a State Antiquities Landmark (SAL) for any documented archeological sites encountered. Analyze any artifacts recorded and/or collected (if applicable). Complete and submitting State of Texas Archeological Site Data Forms to the Texas Archeological Research Laboratory (TARL) for any newly recorded archeological sites encountered within the project area and obtain site trinomial identification numbers. Drafting a technical report that documents the cultural resources background review, survey methods, survey results, any necessary NRHP eligibility assessment, and recommendations. Conducting all necessary coordination with the USACE/THC to obtain agency comment. Assumptions Cost proposal assumes that both the BB Owens Softball Complex and Turner Soccer Complex projects will be surveyed under a single ACT permit. If an ACT permit is required for each complex, IES will supply a cost addendum. If an archeological site within the project area is encountered and determined to be potentially eligible for listing on the NRHP, the resource may require additional assessment (Phase II testing) and coordination to determine official NRHP eligibility. Costs of Phase II testing and Phase III mitigation services are not included as part of this proposal. Cost proposal assumes that two archeological sites will be identified and recorded. If more than two sites are encountered, each additional site will be recorded by the per site cost identified under compensation. Cost proposal assumes that no deed title research would be required for any encountered archeological site. I. SERVICES BY CLIENT CLIENT will provide access to Work site, obtain applicable permits, provide appropriate legal services in connection with the Project unless specifically included in A/E’s Scope of Work. CLIENT shall pay the costs of inspection fees, zoning application fees, soils engineering fees, testing fees, surveying fees, and all other fees, permits, bond premiums, and all other charges not specifically covered by this Proposal. J. EXCLUDED SERVICES Services specifically excluded from our Scope of Services include, but are not limited to, the following: Site Entitlement and Platting Services. CLOMR. LOMR. Hydraulic modeling of Stewart Creek. Flood Studies. Delineation of Waters of the United States and Section 404 Permit Review. Nation Wide Permit 42 Pre-Construction Notification. Storm Water Pollution Prevention Plan (SWPPP). Variance Requests. Special Use Permits. Driveway Access Permits. Public Hearing(s). Planning and Zoning Hearing(s) and Preliminary Site Plan Approval. City Council Hearing(s) and Final Site Plan Approval. Architectural Review Board Hearing(s) for Approvals required by Governmental Authorities Having Jurisdiction over the Project. Off-site Utility Design. 65 Exhibit A │ Scope of Services Page 5 of 5 Asbestos and Hazardous Materials Studies. Third-party Independent Construction Inspection Services. Full-time Construction Observation Services. Preparation of Construction Documents for more than one bid package. Phased Construction. Fast-track Construction. Construction Material Testing. Texas Department of Health Demolition Notification. Commissioning and Special Inspections. Traffic Impact Analysis. Furniture, Fixtures, and Equipment Planning and Documentation. Subsurface Utility Engineering (SUE). ALTA or Other Title Survey Certificates. Construction Staking. Bathymetric Survey. Interior/Exterior Renderings. “Fly-through” Animations. END OF EXHIBIT 66 THIS DOCUMENT IS RELEASED ON 05-08-2025 FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF LANDON G. BELL, RLA TEXAS LICENSE #3245. IT IS NOT TO BE USED FOR REGULATORY APPROVAL, CONSTRUCTION, BIDDING OR PERMIT PURPOSES. ©2025 PARKHILL, SMITH & COOPER, INC. ALL RIGHTS RESERVED.2025.05.08 N 0 40'80' N 0 40'80' N 0 40'80' 5700 Squires Dr, The Colony, TX 75056 BB Owen Softball Complex 43068.24SQUIRES DR Site Concept LEGEND 2.6 FLOODWAY 100 YEAR FLOODPLAIN 500 YEAR FLOODPLAIN 2’ CONTOURS EASEMENTS WATER LINE WASTEWATER LINE STORM OPEN CHANNEL LANDSCAPE SOD NATURAL TURF AT FIELD SYNTHETIC TURF INFIELD SYNTHETIC TURF FIELD EXISTING TREES PROPOSED TREES N 0 40'80' N 0 40'80' KEYNOTES NEW CONCRETE PARKING LOT (65 STANDARD, 3 ADA) NEW DRIVEWAY PREFAB RESTROOM (2 FAMILY STALLS) NEW PLAYGROUND W/ SHADE SAILS NEW 15’X20’ SHADE STRUCTURE W/ NEW BLEACHER SEATING MULTIPURPOSE SOCCER FIELDS NEW OUTFIELD - OPTION FOR SYNTHETIC TURF NEW INFIELD - OPTION FOR SYNTHETIC TURF NEW SIDEWALK MULTIPURPOSE SOFTBALL FIELD DROP OFF / PLAZA ENTRY ENTRY PLAZA NEW RIGHT-OF-WAY SIDEWALK NEW CHAIN LINK DUGOUT FENCING AND DUGOUT BENCH NEW CHAIN LINK BACKSTOP NEW CHAIN LINK FIELD FENCING NATIVE MEADOW PLANTING EXISTING FIELD LIGHT POLE OR ELECTRIC- SERVICE POLE TO BE RELOCATED 1 2 3 10 16 17 18 15 9 14 8 13 7 12 6 11 5 4 1 12 13 11 2 3 9 4 18 18 510 6 6 6 7 9 17 8 16 16 16 16 16 16 16 13 5 14 14 15 5 14 EXISTING POND 15 NATURAL TURF ONLY. PROVIDE DRAINAGE FOR FUTURE INSTALLATION EXHIBIT B 67 N0 50'100' 2025.05.085900 Turner St, The Colony, TX 75056 Turner Soccer Complex 43068.24THIS DOCUMENT IS RELEASED ON 05-08-2025 FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF LANDON G. BELL, RLA TEXAS LICENSE #3245. IT IS NOT TO BE USED FOR REGULATORY APPROVAL, CONSTRUCTION, BIDDING OR PERMIT PURPOSES. ©2025 PARKHILL, SMITH & COOPER, INC. ALL RIGHTS RESERVED.Site Concept 6.6N 0 50'100'N0 50'100' LEGEND FLOODWAY 100 YEAR FLOODPLAIN 500 YEAR FLOODPLAIN 2’ CONTOURS EASEMENTS WATER LINE WASTEWATER LINE STORM OPEN CHANNEL LANDSCAPE SOD NATURAL TURF AT FIELD EXISTING TREES PROPOSED EVERGREEN SCREEN PROPOSED TREES KEYNOTES NEW CONCRETE PARKING LOT (35 REGULAR, 4 ADA) NEW CONCRETE PARKING LOT (41 REGULAR) RENOVATE SOCCER FIELDS PREFAB RESTROOM (2 FAMILY STALLS) NEW CENTRAL SIDEWALK NEW SIDEWALK NEW ACCESSIBLE BLEACHERS AND CONCRETE PAD NEW CONCRETE DRAINAGE SWALE RETAINING WALL AT SLOPE NEW CONCRETE DRIVEWAY NEW LANDSCAPE BUFFER EXISTING CHAIN LINK PRIVACY FENCE W/ SLATS EXISTING LED FIELD LIGHTS 1 2 3 9 10 11 12 13 8 5 6 7 4 TURNER STPOOLE DRNORTHPOI N T E D R TREGO CIRTREESE CIRTRUITT CIR1 2 3 5 6 6 6 9 9 4 7 33 11 3 7 81313 13 13 13 13 13 13 13 13 13 1311 11 12 12 10 10 10 10 5 5 U8-U10 (165 X 105) U8-U10 (165 X 105) U8-U10 (165 X 105)U12 300 X 165U12 300 X 165U12 300 X 165300 X 150U8-U10 (165 X 105) U8-U10 (165 X 105) 150 X 105 U8-U10 (165 X 105) 150 X 105 N0 50'100'N0 50'100' parking lot across street not in scope No buffer trees or retaining wall EXHIBIT B 68 Exhibit C City of the Colony Athletic Complexes Renovation (BB Owens Softball Complex and Turner Soccer Complex) The Colony, TX 69 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 PROFESSIONAL SERVICES AGREEMENT WITH PARKHILL TO PROVIDE DESIGN DOCUMENTS FOR B.B. OW EN AND TURNER SOCCER COMPLEX; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of Parkhill to provide design documents for B.B. Owen and Turner Soccer Complex; and WHEREAS, with said Professional Services Agreement, the City is agreeing to pay the sum not to exceed $569,209.00 for such work with funding coming from the Community Development Corporation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. The Professional Services Contract, is found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved. Section 2. The City Manager is hereby authorized to execute said Professional Services Agreement on behalf of the City of The Colony, Texas. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 18th DAY OF NOVEMBER 2025. ______________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Ana Alvarado, Deputy City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 70 Agenda Item No: 6.2 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 2025 Submitted By: Ana Alvarado Submitting Department: City Secretary Item Type: Resolution Agenda Section: regular agenda items Suggested Action: [CONTINUED FROM NOVEMBER 5, 2025] Conduct a public hearing, discuss and consider an ordinance amending Ordinance No. 2011-1929, by approving a first supplement to final project and reinvestment zone financing plan, by approving additional TIF Project cost for Tax Increment Reinvestment Zone Number One (TIRZ #1). (Maurina) Background: Attachments: 6.2 Ord. 2025-xxxx TIRZ # 1 - First Supplement- Final Project Plan and Financing Plan - jlm draft - 102825.docx 71 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2025-_____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE NO. 2011-1929, BY APPROVING A FIRST SUPPLEMENT TO FINAL PROJECT AND REINVESTMENT ZONE FINANCING PLAN, BY APPROVING ADDITIONAL TIF PROJECT COSTS FOR TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, on November 8, 2011, the City Council of the City of The Colony, Texas, pursuant to Chapter 311 of the Texas Tax Code, approved Ordinance No. 2011-1926, designating a contiguous geographic area within the City as a Reinvestment Zone Number One, City of The Colony, Texas; and WHEREAS, on November 15, 2011, the City Council of the City of The Colony, Texas, pursuant to Chapter 311 of the Texas Tax Code, approved Ordinance No. 2011-1929, approving a Final Project and Financing Plan for Reinvestment Zone Number One, City of The Colony, Texas; and WHEREAS, Section 311.011(e) of the Texas Tax Code provides the authority for the Board of Directors for Reinvestment Zone Number One, City of The Colony, Texas, to approve amendments to projects plans; and WHEREAS, on November 18, 2025, the Board of Directors for Reinvestment Zone Number One, City of The Colony, Texas, approved a First Supplement to Final Project and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number One, City of The Colony, Texas, a copy of which is attached hereto as Exhibit A; and WHEREAS, Section 311.011(e) of the Texas Tax Code also provides that City Council’s approval of amendments to the project plan must be by ordinance adopted after published notice and a public hearing consistent with Sections 311.003(c) and (d) of the Texas Tax Code; and WHEREAS, the City Council of the City of The Colony, Texas, now desires to approve the First Supplement to Final Project and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number One, City of The Colony, Texas, a copy of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: 72 SECTION 1. FINDINGS. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. SECTION 2. AMENDMENT. That the City Council of the City of The Colony, Texas, does hereby approve the First Supplement to Final Project and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number One, City of The Colony, Texas, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes. SECTION 3. SEVERABILITY CLAUSE. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person to set circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining provisions of this Ordinance or their application to other persons or set of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or regulations connected herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any portion hereof, and all provisions of this Ordinance are declared severable for that purpose. SECTION 4. REPEALER CLAUSE. 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. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this the 18th day of November, 2025. Richard Boyer, Mayor City of The Colony, Texas 73 ATTEST: Ana Alvarado, Deputy City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 74 Exhibit A First Supplement to Final Project and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number One, City of The Colony, Texas 75 Agenda Item No: 6.3 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 2025 Submitted By: Ana Alvarado Submitting Department: General Admin Item Type: Ordinance Agenda Section: regular agenda items Suggested Action: Discuss and consider an ordinance amending Chapter 8 Article III entitled Hotel Occupancy Tax amending sections 8-75 to 8-77 and 8-84 and adding sections 8-86 to 8-88 requiring annual safety inspections for short term rentals. (Perez) Background: As discussed at the most recent Council retreat, this ordinance amendment adopts an annual safety inspection requirement for short term rentals operating in The Colony to be conducted by The Colony Fire Department's Fire Marshall's Office. Attachments: The_Colony_-_Ord_-_short_term_rental_-_hotel_occupancy_tax_-_jlm_rev_clean_-_021322- annual_inspection_langauge_amendment_-_jlm_rev_redline_-_110425 (1).pdf Ord. 2025-xxxx Short Term Rental-Hotel Occupancy Tax- Annual Inspection Language Amendment- _jlm_rev_clean_-_110425.docx 76 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 8, ARTICLE III, ENTITLED “HOTEL OCCUPANCY TAX” BY AMENDING SECTIONS 8-75 TO 8-77, AND 8-84, AND ADDING SECTIONS 8-86 TO 8-88 TO ADDRESS SHORT- TERM RENTALS AND THE PAYMENT OF HOTEL OCCUPANCY TAX; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the City of The Colony, Texas, to amend and add various sections of Chapter 8, Article III, entitled “Hotel Occupancy Tax” to better address the payment of Hotel Occupancy Tax by short-term rentals consistent State law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 8, Article III, entitled “Hotel Occupancy Tax,” by amending sections 8-75 to 8-77, which shall read as follows: “ARTICLE III. - HOTEL OCCUPANCY TAX AND SHORT TERM RENTALS Sec. 8-75. - Definitions. In this article: (1) Consideration means the cost of a hotel or short-term rental room only if the room is ordinarily used for sleeping, and does not include the cost of any food served or personal services rendered to the room or a person in the room unless related to the cleaning and readying of the room for occupancy. (2) Designated operator shall mean the operator of a short-term rental facility who resides in Denton County, Texas, and will be present in Denton County and available at all times the rental is in use. (3) Hotel means a building in which members of the public may obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist 77 house, tourist court, lodging house, inn, rooming house, or other building where a room is furnished for a consideration, but does not include a hospital, sanitarium, or nursing home. (4) Licensee shall mean a person or legal entity issued a short-term rental facility license. (5) Owner shall mean an individual person, proprietorship, partnership, corporation, association, or other legal entity. (6) Short term rental shall mean a residential dwelling unit(s) that is rented out for compensation on a temporary basis for a period of less than 30 consecutive days. (7) Tourism means the guidance or management of tourists. (8) Tourist means an individual who travels from the individual's residence to a different municipality, county, state, or country for pleasure, recreation, education, or culture. Sec. 8-76. - Tax levied; exceptions. (a) A tax of seven percent of the consideration paid for a hotel or short-term rental room is levied, within the city limits, on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays the consideration for the use or possession or for the right to the use or possession of a hotel or short-term rental room that costs $2.00 or more each day and is ordinarily used for sleeping. (b) This article does not impose a tax on: (1) A person who has the right to use or possess a hotel room for at least 30 consecutive days, so long as there is no interruption of payment for the period; or (2) The United States, a governmental entity of the United States, or an officer or employee of the United States. (c) Except as otherwise provided in V.T.C.A Tax Code, § 156.103, as amended, the state, or an agency, institution, board, or commission of the state other than an institution of higher education, as that term is defined by V.T.C.A. Education Code § 61.003, as amended, shall pay the tax imposed by this article and is entitled to a refund of the amount of tax paid. (d) A person entitled to a refund of tax paid under this section shall make an application for a refund in the form prescribed by the city. Sec. 8-77. - Collection of tax generally. (a) On behalf of the city, the City Manager is hereby authorized to engage and contract with a third party service to collect and remit the city’s portion of hotel occupancy tax within the city limits, on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays the consideration for the use or possession or for the right to 78 the use or possession of a hotel or short-term rental room that costs $2.00 or more each day and is ordinarily used for sleeping. (b) A person who owns, operates, manages, or controls a hotel or short-term rental or collects payment for the use or possession or for the right to the use or possession of a room shall comply with the third-party service contracted by the city to collect the tax levied by this article for the city. (c) A person who collects the tax shall deposit the tax proceeds into a separate liability account and may not use the tax proceeds for any purpose other than payment to the city. (d) Every person owning, operating, managing or controlling any hotel shall collect the tax levied by this article for the city. The hotel operator shall be entitled to one percent of the hotel occupancy tax revenues collected as reimbursement for the operator's administrative costs for collecting the tax. However, as further described in this article, this reimbursement may be forfeited at the discretion of the city if the hotel operator fails to timely pay over the tax or timely file a report as required by the city or files a false report with the city. (e) A person who owns, operates, manages, or controls a short-term rental or collects payment for the use or possession or for the right to the use or possession of a short-term rental room shall comply with the third-party service contracted by the city to collect the tax levied by this article for the city.” SECTION 3. That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 8, Article III, Section 8-84, entitled “Additional enforcement authority,” which shall read as follows: “Sec. 8-84. - Additional enforcement authority. The City may take the following actions against a person who has failed to file a required report, failed to collect the tax imposed, failed to pay the taxes over to the city when due, or filed a false report: (1) Bring suit to collect the unpaid tax or to enjoin the person from operating a hotel or short- term rental in the city until the tax is paid or the report filed, as applicable, as provided by the court's order; and (2) Any other remedy provided under state law or as provided in Section 8-88 of this code.” SECTION 4. That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 8, Article III, by adding Sections 8-86 to 8-88, which shall read as follows: “Sec 8-86. - Short-term rental facility license required. 79 (a) It shall be unlawful to operate a short-term rental facility without a short-term rental facility license in violation of any provision of a short-term rental facility license, this article, or any other applicable city ordinance or other law. (b) License application and review: (1) To obtain a license for a short-term rental facility, a person must submit an application on a form provided for that purpose to the city’s third-party collection service. The application must contain the following: (A) The name, street address, mailing address, email address, and telephone number of the applicant, the owner, and the designated operator of the short- term rental facility. The applicant must assign a "designated operator" who resides in Denton County, Texas and shall be present in Denton County and available at all times the rental is in use. (B) If the applicant or owner is a partnership, a corporation, or limited liability company, the application shall list the names of all partners, directors, members, and officers, as applicable, of the applicant and the owner. (C) A short-term rental facility license shall be valid from the date of issuance unless otherwise suspended or revoked in accordance with section 8-87. (c) Operation of a short-term rental facility. (1) The licensee shall comply with the noise requirements set forth in article IX of chapter 6 of this Code. (2) The licensee will comply with all building, electrical, and other codes and ordinances of the city. (3) Functions such as meetings, receptions, weddings and other social events provided for compensation or held by guests are not permitted as part of the short-term rental facility unless such facility is located in a commercial zoning district. (4) Lighting. If the property is residentially zoned, all lighting must be directed toward the establishment and not at adjacent properties. (5) Occupancy. The maximum number of adults allowed to reside in short-term rental facility is two (2) adults per bedroom plus two (2) additional adults per rental unit. (6) Signage. No on-premise signage shall be allowed advertising the property as a short-term rental consistent with the code and state law. (7) 7D. Annual iInspection required. Formatted: Font: Italic 80 (A) Annual inspection and Fee. The licensee shall be required to have their short-term rental unit and the premises upon which the short-term rental unit is located inspected annually by The Colony Fire Department Fire Marshal’s Office.a city building inspector,. fire inspector, third party inspector or any combination thereof. The licensee shall be required to pay an annual inspection fee as adopted in the city’s master fee schedule by the CityThe Colony City Council. (B) Refusing Entry for Required Inspection. If entry is refused thus prohibiting inspection, the Ccity shall have recourse to every remedy provided by law to secure entry. (i) A short-term rental unit shall be determined to have passed inspection when the short-term rental unit and the premises upon which the short-term rental unit is located are found to be in compliance with applicable ordinances, laws, and regulations. If deficiencies are found during the inspection, the owner shall be provided a written explanation of the deficiencies and the City Manager or designee shall not issue a short-term rental unit permit for the short-term rental unit until the short-term rental unit is brought into compliance. (ii) A licensee of a short-term rental unit may request a re-inspection following notification of deficiencies during an inspection. Such reinspection shall be made within two (2) working days after a request for reinspection, except as otherwise agreed to in writing by the City Manager or designee and the owner. Sec. 8-87. Revocation, suspension or denial of a license. The City Manager or designee may immediately revoke or suspend the license, or deny either the issuance or renewal thereof, if it is found that: (1) The licensee, designated operator, or guest has violated or failed to meet any of the provisions of this article or conditions of the license; (2) The licensee, designated operator, or guest has violated any federal, state, or city law, or regulation pertaining to the use of the property as a short-term rental facility; Formatted: Indent: Left: 1" Formatted: Font: (Default) Times New Roman, Italic Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Indent: Left: 1" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, Italic Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Indent: Left: 1" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 1.5" Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman 81 (3) The chief of the police department or the chief of the fire department has determined that the short-term rental facility would pose a serious threat to public health, safety, or welfare; or (4) The applicant has made a false statement of material fact on an application for a short-term rental facility license. 82 Sec. 8-88. Notice to applicant/license; appeals. (a) Upon denial, suspension or revocation, the City Manager or designee shall notify the applicant or licensee in writing either in person or by certified mail to the address listed on the application of the action taken and the reasons therefore. A person may appeal a decision to deny, revoke, or suspend a license to the city council. Appeals shall be submitted to the city secretary in writing within fifteen (15) days following the date the applicant or licensee receives the decision. A hearing on the denial, suspension, or revocation will be scheduled for the next regular meeting of the city council that is more than six (6) days away. The council will render a decision on the appeal within ten (10) days of the hearing. A licensee shall not operate the short-term rental facility during the appeal process. (b) At the appeal hearing on a denial of an initial license application, the appealing party must present evidence clearly indicating that the City Manager or designee was incorrect in determining that the stated grounds for the license denial existed. (c) At the appeal hearing on a license suspension, revocation, or refusal to renew, the City Manager or designee must present evidence clearly indicating that the stated grounds for such action existed. Sec. 8-89. - Reserved.” SECTION 54. 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 65. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 76. 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 87. This Ordinance shall become effective immediately upon its passage and publication as required by law. 83 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS day of NOVEMBER, 2025. , 2022. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney Formatted: Left, Space After: 8 pt, Line spacing: Multiple 1.08 li 84 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2025 - _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 8, ARTICLE III, ENTITLED “HOTEL OCCUPANCY TAX” BY AMENDING SECTIONS 8-75 TO 8-77, AND 8-84, AND ADDING SECTIONS 8-86 TO 8-88 TO ADDRESS SHORT- TERM RENTALS AND THE PAYMENT OF HOTEL OCCUPANCY TAX; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, has discussed and considered such revisions and has determined that it is in the best interest of the City of The Colony, Texas, to amend and add various sections of Chapter 8, Article III, entitled “Hotel Occupancy Tax” to better address the payment of Hotel Occupancy Tax by short-term rentals consistent State law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 8, Article III, entitled “Hotel Occupancy Tax,” by amending sections 8-75 to 8-77, which shall read as follows: “ARTICLE III. - HOTEL OCCUPANCY TAX AND SHORT TERM RENTALS Sec. 8-75. - Definitions. In this article: (1) Consideration means the cost of a hotel or short-term rental room only if the room is ordinarily used for sleeping, and does not include the cost of any food served or personal services rendered to the room or a person in the room unless related to the cleaning and readying of the room for occupancy. (2) Designated operator shall mean the operator of a short-term rental facility who resides in Denton County, Texas, and will be present in Denton County and available at all times the rental is in use. (3) Hotel means a building in which members of the public may obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist 85 house, tourist court, lodging house, inn, rooming house, or other building where a room is furnished for a consideration, but does not include a hospital, sanitarium, or nursing home. (4) Licensee shall mean a person or legal entity issued a short-term rental facility license. (5) Owner shall mean an individual person, proprietorship, partnership, corporation, association, or other legal entity. (6) Short term rental shall mean a residential dwelling unit(s) that is rented out for compensation on a temporary basis for a period of less than 30 consecutive days. (7) Tourism means the guidance or management of tourists. (8) Tourist means an individual who travels from the individual's residence to a different municipality, county, state, or country for pleasure, recreation, education, or culture. Sec. 8-76. - Tax levied; exceptions. (a) A tax of seven percent of the consideration paid for a hotel or short-term rental room is levied, within the city limits, on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays the consideration for the use or possession or for the right to the use or possession of a hotel or short-term rental room that costs $2.00 or more each day and is ordinarily used for sleeping. (b) This article does not impose a tax on: (1) A person who has the right to use or possess a hotel room for at least 30 consecutive days, so long as there is no interruption of payment for the period; or (2) The United States, a governmental entity of the United States, or an officer or employee of the United States. (c) Except as otherwise provided in V.T.C.A Tax Code, § 156.103, as amended, the state, or an agency, institution, board, or commission of the state other than an institution of higher education, as that term is defined by V.T.C.A. Education Code § 61.003, as amended, shall pay the tax imposed by this article and is entitled to a refund of the amount of tax paid. (d) A person entitled to a refund of tax paid under this section shall make an application for a refund in the form prescribed by the city. Sec. 8-77. - Collection of tax generally. (a) On behalf of the city, the City Manager is hereby authorized to engage and contract with a third party service to collect and remit the city’s portion of hotel occupancy tax within the city limits, on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays the consideration for the use or possession or for the right to 86 the use or possession of a hotel or short-term rental room that costs $2.00 or more each day and is ordinarily used for sleeping. (b) A person who owns, operates, manages, or controls a hotel or short-term rental or collects payment for the use or possession or for the right to the use or possession of a room shall comply with the third-party service contracted by the city to collect the tax levied by this article for the city. (c) A person who collects the tax shall deposit the tax proceeds into a separate liability account and may not use the tax proceeds for any purpose other than payment to the city. (d) Every person owning, operating, managing or controlling any hotel shall collect the tax levied by this article for the city. The hotel operator shall be entitled to one percent of the hotel occupancy tax revenues collected as reimbursement for the operator's administrative costs for collecting the tax. However, as further described in this article, this reimbursement may be forfeited at the discretion of the city if the hotel operator fails to timely pay over the tax or timely file a report as required by the city or files a false report with the city. (e) A person who owns, operates, manages, or controls a short-term rental or collects payment for the use or possession or for the right to the use or possession of a short-term rental room shall comply with the third-party service contracted by the city to collect the tax levied by this article for the city.” SECTION 3. That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 8, Article III, Section 8-84, entitled “Additional enforcement authority,” which shall read as follows: “Sec. 8-84. - Additional enforcement authority. The City may take the following actions against a person who has failed to file a required report, failed to collect the tax imposed, failed to pay the taxes over to the city when due, or filed a false report: (1) Bring suit to collect the unpaid tax or to enjoin the person from operating a hotel or short- term rental in the city until the tax is paid or the report filed, as applicable, as provided by the court's order; and (2) Any other remedy provided under state law or as provided in Section 8-88 of this code.” SECTION 4. That the Code of Ordinances of the City of The Colony, Texas, is hereby amended by amending Chapter 8, Article III, by adding Sections 8-86 to 8-88, which shall read as follows: “Sec 8-86. - Short-term rental facility license required. 87 (a) It shall be unlawful to operate a short-term rental facility without a short-term rental facility license in violation of any provision of a short-term rental facility license, this article, or any other applicable city ordinance or other law. (b) License application and review: (1) To obtain a license for a short-term rental facility, a person must submit an application on a form provided for that purpose to the city’s third-party collection service. The application must contain the following: (A) The name, street address, mailing address, email address, and telephone number of the applicant, the owner, and the designated operator of the short- term rental facility. The applicant must assign a "designated operator" who resides in Denton County, Texas and shall be present in Denton County and available at all times the rental is in use. (B) If the applicant or owner is a partnership, a corporation, or limited liability company, the application shall list the names of all partners, directors, members, and officers, as applicable, of the applicant and the owner. (C) A short-term rental facility license shall be valid from the date of issuance unless otherwise suspended or revoked in accordance with section 8-87. (c) Operation of a short-term rental facility. (1) The licensee shall comply with the noise requirements set forth in article IX of chapter 6 of this Code. (2) The licensee will comply with all building, electrical, and other codes and ordinances of the city. (3) Functions such as meetings, receptions, weddings and other social events provided for compensation or held by guests are not permitted as part of the short-term rental facility unless such facility is located in a commercial zoning district. (4) Lighting. If the property is residentially zoned, all lighting must be directed toward the establishment and not at adjacent properties. (5) Occupancy. The maximum number of adults allowed to reside in short-term rental facility is two (2) adults per bedroom plus two (2) additional adults per rental unit. (6) Signage. No on-premise signage shall be allowed advertising the property as a short-term rental consistent with the code and state law. (7) Annual inspection required. 88 (A) Annual inspection and Fee. The licensee shall be required to have their short-term rental unit and the premises upon which the short-term rental unit is located inspected annually by The Colony Fire Department Fire Marshal’s Office. The licensee shall be required to pay an annual inspection fee as adopted in the city’s master fee schedule by the City. (B) Refusing Entry for Required Inspection. If entry is refused thus prohibiting inspection, the City shall have recourse to every remedy provided by law to secure entry. (i) A short-term rental unit shall be determined to have passed inspection when the short-term rental unit and the premises upon which the short-term rental unit is located are found to be in compliance with applicable ordinances, laws, and regulations. If deficiencies are found during the inspection, the owner shall be provided a written explanation of the deficiencies and the City Manager or designee shall not issue a short-term rental unit permit for the short-term rental unit until the short-term rental unit is brought into compliance. (ii) A licensee of a short-term rental unit may request a re-inspection following notification of deficiencies during an inspection. Such reinspection shall be made within two (2) working days after a request for reinspection, except as otherwise agreed to in writing by the City Manager or designee and the owner. Sec. 8-87. Revocation, suspension or denial of a license. The City Manager or designee may immediately revoke or suspend the license, or deny either the issuance or renewal thereof, if it is found that: (1) The licensee, designated operator, or guest has violated or failed to meet any of the provisions of this article or conditions of the license; (2) The licensee, designated operator, or guest has violated any federal, state, or city law, or regulation pertaining to the use of the property as a short-term rental facility; (3) The chief of the police department or the chief of the fire department has determined that the short-term rental facility would pose a serious threat to public health, safety, or welfare; or (4) The applicant has made a false statement of material fact on an application for a short-term rental facility license. 89 Sec. 8-88. Notice to applicant/license; appeals. (a) Upon denial, suspension or revocation, the City Manager or designee shall notify the applicant or licensee in writing either in person or by certified mail to the address listed on the application of the action taken and the reasons therefore. A person may appeal a decision to deny, revoke, or suspend a license to the city council. Appeals shall be submitted to the city secretary in writing within fifteen (15) days following the date the applicant or licensee receives the decision. A hearing on the denial, suspension, or revocation will be scheduled for the next regular meeting of the city council that is more than six (6) days away. The council will render a decision on the appeal within ten (10) days of the hearing. A licensee shall not operate the short-term rental facility during the appeal process. (b) At the appeal hearing on a denial of an initial license application, the appealing party must present evidence clearly indicating that the City Manager or designee was incorrect in determining that the stated grounds for the license denial existed. (c) At the appeal hearing on a license suspension, revocation, or refusal to renew, the City Manager or designee must present evidence clearly indicating that the stated grounds for such action existed. Sec. 8-89. - Reserved.” SECTION 5. 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 6. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 7. 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 8. This Ordinance shall become effective immediately upon its passage and publication as required by law. 90 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 18th DAY OF NOVEMBER 2025. Richard Boyer, Mayor ATTEST: Ana Alvarado, Deputy City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 91 Agenda Item No: 7.1 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 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). Background: 92 Agenda Item No: 8.1 CITY COUNCIL Agenda Item Report Meeting Date: November 18, 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). Background: 93