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City Packets - City Council - 04/21/2026 - Regular
CITY OF THE COLONY CITY COUNCIL AGENDA TUESDAY, APRIL 21, 2026 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 CASA of Denton County to receive Child Abuse Awareness Month Proclamation. (Mayor) 1.6 Items of Community Interest 1.7 Receive presentation from the Library regarding upcoming events and activities. (Charters) 2.0 CITIZEN INPUT 3.0 WORK SESSION 3.1 Council to discuss setting date and location for 2026 City Council Retreat. (Council) 3.2 Council to provide direction to staff regarding future agenda items. (Council) 4.0 CONSENT AGENDA 4.1 Consider approving City Council Regular Session meeting minutes from April 7, 2026. (Stewart) 4.2 Consider approving Council expenditures for January and February 2026. (Council) TO ALL INTERESTED PERSONS Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony, Texas to be held at 6:30 PM o n TUESDAY, APRIL 21, 2026 at CITY HALL, 6053 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. 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. 1 4.3 Consider approving a resolution authorizing the City Manager to execute a two-year contract for Automatic License Plate Readers with Flock Group Inc. in the amount of $126,000.00. (Foxall) 4.4 Consider approving a resolution authorizing the City Manager to award a Construction Services Contract in the amount of $310,000.00 to Stoic Civil Construction Inc. for the Turner Street Stream Bank Stabilization Project. (Hartline) 4.5 Consider approving a resolution authorizing the City Manager to execute a contract with CI Pavement utilizing TIPS-USA Contract #230602-01 for the construction of a parking lot at the New Rec Center at 4431 Augusta Street in an amount not to exceed $432,764.57. (Lehmann) 4.6 Consider approving a resolution authorizing the City Manager to award a purchase to Musco Sports Lighting utilizing Buyboard Contract # 760-25 in the amount of $103,073.50 for a 16:9 LED Screen to be funded by the Economic Development Corporation Fund. (Kopsa) 4.7 Consider approving an ordinance amending the Code of Ordinances Chapter 6, Article I, Section 6-6(B) entitled "International Energy Conservation Code" by amending the local amendments by repealing Section C405.15, C405.15.1, C405.15.2, C405.15.3 and C405.15.4 concerning renewable energy systems. (Chumley) 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider an ordinance regarding a zoning change from Planned Development 10 (PD-10) to Planned Development 31 (PD-31) to establish the conceptual layout and development standards for a mixed commercial development. The subject site contains approximately 71.72 acres and is located north of the northwest intersection of Plano Parkway and Windhaven Parkway within the Planned Development-10 (PD-10) zoning district. (Williams) 5.2 Discuss and consider all matters incident and related to the issuance and sale of "City of The Colony, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2026" Bonds; including the adoption of an ordinance authorizing the issuance of such certificates of obligation and resolving other matters incident and related thereto. (Miller) 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). 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). 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 2 _________________________________________ Tina Stewart, TRMC, CMC, City Secretary limited to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of the attorney's ethical duty to advise the city concerning legal issues arising from an agenda item. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. ADJOURNMENT If you wish to address the City Council in person, you can do so by attending the meeting at City Hall. If you wish to have comments added to the council minutes about issues on the Agenda, you may submit those comments to the City Secretary Office via email or on the city website. 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 15th day of April 2026. 3 Agenda Item No: 1.5 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: City Secretary Item Type: Proclamation Agenda Section: routine announcements, recognitions and proclamations Suggested Action: CASA of Denton County to receive Child Abuse Awareness Month Proclamation. (Mayor) Background: Attachments: Child Abuse Awareness (CASA).doc 4 MAYORAL PROCLAMATION WHEREAS, Child victims of abuse and neglect need and deserve support and assistance to help them cope with the tragedies in their young lives; and WHEREAS, National Child Abuse Prevention Month in April offers us all the opportunity to promote and support programs that offer protection and safety for our community’s children; and WHEREAS, Court Appointed Special Advocates of Denton County (CASA) has been providing important life-altering advocacy to children in Denton County who have been removed from their homes due to abuse or neglect for over 30 years; and WHEREAS, There were 642 children affected by abuse and neglect served by CASA of Denton County in 2025; and WHEREAS, More than 202 volunteers from Denton County work with the organization annually by giving their time to ensure safety for our community’s children; and WHEREAS, Our youngest citizens need and deserve to be surrounded by love and positive relationships, while being given guidance and protection. WHEREAS, The Colony, Texas is a place where citizens truly care about each other and work as a community dedicated to protecting our youth and helping them thrive and survive the trauma they have experienced; and WHEREAS, it takes commitment from all individuals and organizations in a community working together to surround these children with positive relationships and experiences, love, guidance, and protection; NOW, THEREFORE, in honor of all children in Denton County, do hereby proclaim the month of April 2026 as “CHILD ABUSE PREVENTION MONTH” And commend the work of CASA of Denton County volunteers in advocating for children during this difficult time in their lives. SIGNED AND SEALED this 21st day of April 2026. ____________________________________ Richard Boyer, Mayor 5 Agenda Item No: 1.6 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: City Secretary Item Type: Announcement Agenda Section: routine announcements, recognitions and proclamations Suggested Action: Items of Community Interest Background: 6 Agenda Item No: 1.7 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart 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: 7 Agenda Item No: 3.1 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: General Admin Item Type: Discussion Agenda Section: work session Suggested Action: Council to discuss setting date and location for 2026 City Council Retreat. (Council) Background: 8 Agenda Item No: 3.2 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart 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: 9 Agenda Item No: 4.1 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: City Secretary Item Type: Minutes Agenda Section: consent agenda Suggested Action: Consider approving City Council Regular Session meeting minutes from April 7, 2026. (Stewart) Background: Attachments: April 7, 2026 Minutes.docx 10 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON APRIL 7, 2026 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 7th day of April 2026 at City Hall, 6053 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Councilmember Brian Wade, Councilmember Dan Rainey, Councilmember Perry Schrag, Councilmember Joel Marks, Mayor Pro Tem Robyn Holtz, Deputy Mayor Pro Tem Present Present Present Present Present Present 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 Elder James Adams from First 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 acknowledging April 12 -18, 2026 as National Public Safety Telecommunicators Week. Mayor Richard Boyer acknowledged the proclamation of April 12-18, 2026 as National Public Safety Telecommunicators Week. 1.6 Items of Community Interest 1.) Mayor Richard Boyer announced The Colony Spring Cleanup is Saturday, April 18th at Hawaiian Waters. 2.) Councilmember Judy Ensweiler announced the food drive on April 18th. 1.7 Receive a presentation regarding recognition of Public Safety Dispatch personnel for outstanding achievements. 11 City Council – Regular Meeting Agenda April 7, 2026 Page| 2 Deputy City Manager Brant Shallenburger presented the item to council. Emergency Communications Supervisor Robyn Summers rec ognized Tosha Whitley and Payton Connatser for being selected for the Dr. Allen Groff Emergency Medical Dispatch Memorial Scholarship to attend the NAVIGATORS Conference. Emergency Communications Supervisor Cassie Fears recognized Payton Connatser and Kevin Argueta as recipients of the Silent Hero Certificate of Recognition for their demonstration of exceptional professionalism, dedication, and performance in emergency communications. 1.8 Receive presentation from Parks and Recreation regarding upcoming events and activities. Recreation Administrative Manager Lindsey Stansell 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 with the exception of Item No. 4.2.- Judy Ensweiler, Councilmember; second by Brian Wade, Councilmember, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from March 17, 2026. ***ITEM NO. 4.2 PULLED FROM THE AGENDA WITH NO DISCUSSION*** 4.2 Consider approving Councilman Joel Marks excused absences for March 17, 2026 and April 7, 2026 council meetings. 4.3 Consider accepting Joanna Krueger's resignation from the Library Board. 4.4 Consider approving a resolution electing to participate in the six remnant defendants' opioid settlement concerning the national opioid crisis; authorizing the mayor, city manager and staff to execute any and all appropriate documentation related thereto; and providing for an effective date. RESOLUTION NO. 2026-025 12 City Council – Regular Meeting Agenda April 7, 2026 Page| 3 4.5 Consider approving a resolution authorizing the City Manager to execute a contract with Paradigm Traffic Systems in the amount of $292,500.00 u tilizing BuyBoard Contract # 695-23, to supply Intelligent Transportation Systems (ITS) detection equipment. RESOLUTION NO. 2026-026 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider an ordinance regarding the Site Plan application of "Perfect 10 Promotions," containing two approximately 4,872 sq. ft. warehouse buildings with storage and office/flex space. The subject site contains approximately 0.55 acres, (23,995 sq. ft.) and is located in Garza Little Elm Lake Estates, Lots 8 -15, Block 2, within the Light Commercial (LC) Zoning District. Planning Director Isaac Williams presented the proposed ordinance to council. Council provided discussion on the item. Motion to approve - Judy Ensweiler, Councilmember; second by Brian Wade, Councilmember, motion carried with all ayes. ORDINANCE NO. 2026-2643 5.2 Discuss and consider an ordinance regarding the Site Plan application of "Martinizing Cleaners," an approximately 3,327 sq ft laundry and dry-cleaning franchise. The subject site contains approximately 0.44 acres (19,081 sq ft) and is located at 7447 Main Street within the General Retail Zoning District and the Gateway Overlay District. Planning Director Isaac Williams presented the proposed ordinance to council. Council provided discussion on the item. Motion to approve - Perry Schrag, Councilmember; second by Dan Rainey, Councilmember, motion carried with all ayes with Judy Ensweiler, Councilmember voting no. ORDINANCE NO. 2026-2644 5.3 Discuss and consider appointing a member to the Library Board. Motion to approve the appointment of Sydney Chastine to Place 5 on the Library Board - Judy Ensweiler, Councilmember; second by Brian Wade, Councilmember, motion carried with all ayes. Executive Session was convened at 7:21 p.m. 13 City Council – Regular Meeting Agenda April 7, 2026 Page| 4 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 7:44 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). No Action ADJOURNMENT With there being no further business to discuss, the meeting was adjourned at 7:44 p.m. APPROVED: ________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ______________________________________________ Tina Stewart, TRMC, CMC, City Secretary 14 Agenda Item No: 4.2 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: City Secretary Item Type: Expenditures Agenda Section: consent agenda Suggested Action: Consider approving Council expenditures for January and February 2026. (Council) Background: Attachments: Council Jan and Feb Expenditures.pdf 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Agenda Item No: 4.3 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: Police Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to execute a two-year contract for Automatic License Plate Readers with Flock Group Inc. in the amount of $126,000.00. (Foxall) Background: This contract replaces our previous contracts with Flock with regard to Automatic License Plate Readers (ALPR's) previously approved by council. This contract does not add any additional ALPR's to The Colony. This contract combines two separate prior contracts to allow for easier billing and record keeping. Staff recommends council approve the issuance of the contract and payment. FISCAL IMPACT: $126,000.00 over two years. $63,000 for FY 25-26 and $63,000 for FY 26-27. The $63,000 for FY 25-26 was approved in the FY 25-26 general fund budget Attachments: Flock_Sole_Source_Letter and Agreement.pdf Res. 2026-xxx Flock Group Inc..doc 52 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318 Sole Source Letter for Flock Safety™ ALPR Cameras and Solution Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety ALPR Camera. The Flock Safety ALPR camera and devices are the only Law Enforcement Grade ALPR System to offer the following combination of proprietary features: 1. Partnerships: ○ Flock Safety is the only LPR provider to officially partner with AXON to be natively and directly integrated into Evidence.com ○ Flock Safety is the only LPR provider to be fully integrated into a dynamic network of Axon’s Fleet 3 mobile ALPR cameras for patrol cars and Flock Safety’s Falcon cameras ○ Access to additional cameras purchased by our HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost ○ Ability to potential access additional cameras from Flock Customers, including: Irving PD, Lewisville PD, Hickory Creek PD, Little Elm PD, Argyle PD, Northlake PD, Garland PD, Dallas PD, Grand Praire PD, River Oaks PD, Anna PD, Prosper PD, Plano PD, North Richland Hills PD, Richland Hills PD, Hurst PD, Bedford PD, Arlington PD, Forney Pd, Aubrey PD, Kaufman County SO, Tarrant County SO, Mansfield PD, Heath DPS, at no additional cost 2. Vehicle Fingerprint Technology™: ○ Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) ○ Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate ○ Ability to ‘Save Search’ based on description of vehicles using our patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description ○ Only LPR provider with “Visual Search” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo ○ Falcon Flex™: an infrastructure-free, location-flexible license plate reader camera that is easy to self install. Falcon Flex ties seamlessly into the Flock ecosystem 53 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318 with a small and lightweight camera with the ability to read up to 30,000 license plates and vehicle attributes on a single battery charge 3. Integrated Cloud-Software & Hardware Platform: ○ Ability to capture two (2+) lanes of traffic simultaneously with a single camera from a vertical mass ○ Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power ○ Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less ○ Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection ○ Utilizes motion capture to start and stop recording without the need for a reflective plate ○ Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc. ○ On device machine processing to limit LTE bandwidth consumption ○ Cloud storage of footage ○ Covert industrial design for minimizing visual pollution 4. Transparency & Ethical Product Design: ○ One-of-a-kind “Transparency Portal” public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock system ○ Built-in integration with NCMEC to receive AMBER Alerts to find missing children ○ Privacy controls to enable certain vehicles to “opt-out” of being captured 5. Integrated Audio & Gunshot Detection: ○ Natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots) 6. Live Video Integration: ○ Ability to apply computer vision to third-party cameras using Wing™ LPR, transforming them to evidence capture devices using the same Vehicle Fingerprint technology offered on the Flock Safety Falcon™ ALPR cameras ○ Wing™ Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents 54 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318 ○ Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location (AVL) on Flock Safety’s Wing™ Suite ○ Access Wing™ Replay to unlock enhanced situational awareness with 7-day footage retention, Hot List Live Video Instant Replay, and downloadable MP4 7. Warranty & Service: ○ Lifetime maintenance and support included in subscription price ○ Flock Safety is the only fully integrated ALPR one-stop solution from production of the camera to delivery and installation ○ Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues Thank you, Garrett Langley CEO, Flock Safety 55 Flock Safety + TX - The Colony PD ______________ Flock Group Inc. 1170 Howell Mill Rd, Suite 210 Atlanta, GA 30318 ______________ MAIN CONTACT: Leonard Thompson leonard.thompson@flocksafety.com +17078534096 Quote Number: Q-189530 Expiration Date: 03/20/2026 Docusign Envelope ID: FF2A6BD3-4483-4DDE-ABF3-FDF5F76CDC53 56 ORDER FORM Customer: TX - The Colony PD Initial Term: 24 Months Legal Entity Name: TX - The Colony PD Renewal Term: 24 Months Accounts Payable Email: mwinnett@thecolonytx.gov Payment Terms: Net 30 Address: 6800 Main St The Colony, Texas 75056 Billing Frequency: Annual Retention Period: 30 Days Hardware and Software Products Recurring amounts over subscription term Item Cost Quantity Total Flock Safety Platform $63,000.00 Flock Safety Flock OS Flock Safety Platform - Included 1 Included Flock Safety LPR Products Flock Safety LPR, fka Falcon Included 11 Included Flock Safety LPR, fka Falcon Included 10 Included Professional Services and One Time Purchases Item Cost Quantity Total One Time Fees Subtotal Year 1: $63,000.00 Annual Recurring Subtotal: $63,000.00 Estimated Tax: $0.00 Contract Total: $126,000.00 Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then -current term. The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardwar e that requires self- installation shall commence upon execution of the Agreement. In the event a Customer purchases more than one t ype of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agre ement. Special Terms: • The Term of this contract shall be from 2/15/2026 - 2/14/2028. This Agreement supersedes any and all previously executed agreement between the Parties, relating to the provision of services by Flock to Customer and any exhibits attached thereto or incorpor ated therein by reference. Upon execution of this Agreement, all previously executed agreements pertaining to the Services provided shall run coterminous with the Term of this Agreement. In the event of any overlap in subscription terms and prior invoice s, payments will be provided in pro rata credit. Any estimates provided on credits are subject to change based on execution of a new contract. Docusign Envelope ID: FF2A6BD3-4483-4DDE-ABF3-FDF5F76CDC53 57 Billing Schedule Billing Schedule Amount (USD) Year 1 At Contract Signing $63,000.00 Annual Recurring after Year 1 $63,000.00 Contract Total $126,000.00 *Tax not included Docusign Envelope ID: FF2A6BD3-4483-4DDE-ABF3-FDF5F76CDC53 58 Product and Services Description Flock Safety Platform Items Product Description Flock Safety LPR, fka Falcon Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users. Professional Services - Standard Implementation Fee One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handli ng in accordance with the Flock Safety Standard Implementation Service Brief. Professional Services - Existing Infrastructure Implementation Fee One-time Professional Services engagement. Includes site and safety assessment of existing vertical infrastructure location, came ra setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief. Flock Safety Platform - An integrated public safety platform that detects, centralizes and decodes actionable evidence to increase safety, improve ef ficiency, and connect the community. Flock Safety LPR, fka Falcon Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users. Docusign Envelope ID: FF2A6BD3-4483-4DDE-ABF3-FDF5F76CDC53 59 By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms of Service located at https://www.flocksafety.com/terms-and-conditions. The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. Customer: TX - The Colony PD By: \FSSignature2\ By: \FSSignature1\ Name: \FSFullname2\ Name: \FSFullname1\ Title: \FSTitle2\ Title: \FSTitle1\ Date: \FSDateSigned2\ Date: \FSDateSigned1\ PO Number: Docusign Envelope ID: FF2A6BD3-4483-4DDE-ABF3-FDF5F76CDC53 2/27/2026 Chief Legal Officer Dan Haley 60 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2026 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH FLOCK GROUP INC. FOR AUTOMATIC LICENSE PLATE READERS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of The Colony, Texas hereby authorizes the City Manager to execute a two-year contract with Flock Group Inc., for automatic license plate readers; and WHEREAS, with this contract, the City of The Colony is agreeing to the services not to exceed the amount of $126,000.00. 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 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 21st DAY OF APRIL 2026. ____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ______________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________ Jeffrey L. Moore, City Attorney 61 Agenda Item No: 4.4 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: Engineering Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to award a Construction Services Contract in the amount of $310,000.00 to Stoic Civil Construction Inc. for the Turner Street Stream Bank Stabilization Project. (Hartline) Background: Background: The City Council allocated funding for this project in the 2024/2025 Capital Improvement Plan (CIP) budget. The scope of work consists of the construction of a Scourlok bank stabilization system and additional erosion control measures along the eastern bank of Stewart Creek Tributary 1 to provide for enhanced erosion and scour protection. The eroded area of the stream is located North of the Turner Bridge, and East of the Turner Soccer Complex. The work includes, mobilization, general site preparation, channel bank grading, installation of Scourlok bank stabilization system, rock riprap, grade control structures and storm water pollution prevention plan measures. This project was designed by LJA Engineering, Inc. and advertised for competitive bidding. Formal bids were opened on March 11, 2026, at the City of The Colony and Stoic Civil Construction Inc., was the lowest responsive bidder with a bid amount of $310,000.00. LJA Engineering, Inc. checked the references for this construction company and recommends approval of the contract with Stoic Civil Construction Inc. Please refer to the attached Engineering Recommendation Letter for further details. City staff recommends awarding the construction services contract to Stoic Civil Construction Inc. Pending approval, the project is anticipated to start construction in May 2026 with an estimated completion in September 2026. Attachments: Location Map Turner Street Stream Bank Stabilization.pdf Bid Tabulation for Turner Street Stream Bank Stabilization.pdf Engineering Recommendation Letter. Turn Street Bank Stabilization.pdf Turner Street Stream Bank Stabilization FINANCIAL SUMMARY ATTACHMENT.docx Turner Photos on word from Chase 4_8_2026.docx Turner Street Stream Bank Stabilizaion Plan sheets.pdf Res. 2026-xxx Stoic Construction Inc..doc 62 63 TURNER STREET STREAM BANK STABILIZATIONCity of The ColonyBID #RFD 69-26-05 TURNER STREET STREAM BANK STABILIZATIONBid Opening: March 11, 2026City of The Colony Director of Engineering: Ron HartlineCity of The Colony Senior Engineer : Naim KhanCity of The Colony Staff Engineer: Robert KotasekBernal Commercial Construction Co.Stoic Civil Construction, Inc.RLM Earthco, Inc.Solid Bridge ConstructionC. Green Scaping LPTotal Bid Amount$348,100.00 $310,000.00 $331,903.10 $837,085.00 $483,782.00Bid Bonds ReceivedYes Yes Yes Yes YesBid Certified By:Dylan Antila, P.E., CFM, LJA Engineering Project EngineerLow BidderBid Summary64 S:\NTX-LAND\0542\NTP4423\700 COMMUNICATIONS\710 Letter\20260327_TurnerStreet_Streambank_Stabilization_Recommendation_Letter.docx March 27, 2026 City of The Colony 6053 Main Street The Colony, Texas 75056 Attn: Ron Hartline, P.E. – City of The Colony Director of Engineering Re: Bid #RFD 69-26-05 Turner Street Stream Bank Stabilization Engineering Recommendation LJA Job No. NTP4423-0542 Dear Mr. Hartline: In review of the bids opened on March 11, 2026, for the Turner Street Stream Bank Stabilization project it was determined from bid tabulation that Stoic Civil Construction, Inc. (Stoic) was the low bidder. To supplement their low bid, LJA Engineering (LJA) requested references from James Fee, President of Stoic Civil Construction, Inc, to understand the experiences of other municipalities working with Stoic. References from the following municipalities were provided, City of Frisco, City of Farmers Branch, and City of Richardson. The summary below provides the experience the following cities have had with Stoic: City of Frisco Will Janney, a Capital Projects Manager with the City of Frisco, was contacted via phone call on March 26, 2026, about the City’s experience with Stoic. Will explained that they have had a great experience with Stoic. There were multiple projects Stoic has worked on within the City and they had even won an award for one of the streambank stabilization projects Stoic worked on. Will described Stoic as quick, efficient, and knew their stuff. City of Farmers Branch Eric Mueller, a Stormwater Civil Engineer with the City of Farmers Branch, was contacted via phone call on March 26, 2026, about the City’s experience with Stoic. Eric explained that the City is currently working on a project with Stoic. They had experienced weather delays that have extended the project timeline, but he did not have any issues with Stoic. He stated they had been nice and communicative to work with. He also stated the City had worked with Stoic on other streambank stabilization projects. City of Richardson Moses Ogolla, a Senior Project Engineer with the City of Richardson, was contacted via phone call on March 27, 2026, about the City’s experience with Stoic. Moses explained that they have worked with Stoic on multiple projects and they have done a great job with them. He stated the City would hire them again and on a current project they have a change order was submitted to add additional scope to Stoic’s work. He expressed confidence in Stoic’s ability to construct creek stabilization projects. City of The Colony Robert Kotasek provided the following summary of the City’s experience with Stoic via email on March 25, 2026, “The City of The Colony has worked on similar projects in construction with Stoic in the past. City Staff feels that this company has done a satisfactory job on the projects during the construction and are satisfied with the completed product. Stoic’s assigned project superintendent and office staff were responsive on handling any issues or questions from the City. The City would continue to recommend awarding this company on future projects based on their handling of past City construction projects.” 65 Ron Hartline, P.E. March 27, 2026 Page 2 of 2 S:\NTX-LAND\0542\NTP4423\700 COMMUNICATIONS\710 Letter\20260327_TurnerStreet_Streambank_Stabilization_Recommendation_Letter.docx LJA contacted Sirish Tuladhar, a Technical Engineer for Hanes Geo Components North Texas who is a supplier of Solmax products via email on December 10, 2025. Sirish provided a list of local North Texas contractors familiar with the Solmax products proposed in the Turner Street Stream Bank Stabilization project. Stoic was included in the list provided by Sirish. Based on the experience from other local municipalities and a supplier of Solmax products, LJA would recommend the City of The Colony award Bid #RFD 69-26-05 Turner Street Stream Bank Stabilization to Stoic Civil Construction, Inc. This is due to their lowest bid, their experience in the North Texas area constructing similar projects to the success and praise of other municipalities, and their experience working with the proposed products for the Turner Street project. If you have any questions or require additional information, please contact me at 817.288.1968 or dantila@lja.com. Sincerely, Dylan Antila, P.E., CFM Project Engineer DA CC: Naim Khan, P.E., Robert Kotasek, P.E. – City of The Colony Rodrigo Vizcaino, P.E., CFM – LJA 66 FINANCIAL SUMMARY: PROJECT: Turner Street Stream Bank Stabilization Are budgeted funds available: ☒ Yes ☐ No Source of Funds: 2024-2025 Capital Improvement Project (CIP) Funding Number: Name: Amount: Fund(s): 897-669-6667-2478 Turner Retaining Wall $100,000.00 897-669-6667-2577 Misc Drainage & Erosion Projects $210,000.00 Cost of recommended contract award: $ 310,000.00 $ 49,900.00 Engineering Already authorized ☒ Yes ☐ No $ 310,000.00 Construction Already authorized ☐ Yes ☐ No $ 369,900.00 Total estimated costs 67 68 69 70 OF DESIGN: DRAWN: CHECK: DATE:1/16/2026 SCALE: PROJECT: SHEET: 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 TURNER ST. STREAM BANK STABILIZATION PROPOSED SITE PLAN CK DA, RV 1" = 20' CK NTP4423 - 0542 4 16 PROPOSED AREA 1 (SHEET 5) PROPOSED AREA 2+3 (SHEET 6) STEWART CREEK TRIBUTARY 1 TURNER ST. BOGARD DR. PROPOSED GRADE CONTROL STRUCTURE (TxDOT PRECAST BARRIER WITH RIPRAP) REFER TO SHEET 5 FOR TYPICAL DETAIL AND SHEET 16 FOR DETAILED INFORMATION PROPOSED GRADE CONTROL STRUCTURE (TxDOT PRECAST BARRIER WITH RIPRAP) REFER TO SHEET 5 FOR TYPICAL DETAIL AND SHEET 16 FOR DETAILED INFORMATION SCALE IN FEET 1" = 20' PLAN 20'10'20'40'60'0' 02/05/2026 71 OF DESIGN: DRAWN: CHECK: DATE:2/3/2026 SCALE: PROJECT: SHEET: 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 TURNER ST. STREAM BANK STABILIZATION SCOURLOK - AREA 1 PROPOSED PLAN AND CONTROL POINTS SHEET 1 OF 2 CK DA, RV 1" = 10' CK NTP4423 - 0542 5 16 STEWART CREEK TRIBUTARY 1 PROPOSED GRADE CONTROL STRUCTURE (TxDOT PRECAST BARRIER WITH RIPRAP) REFER TO SHEET 16 FOR DETAILED INFORMATION ADJACENT PROPERTY BOUNDARY A A CROSS SECTION A-A (1" = 5') EX. GRADE PROPOSED FILL PROP. GRADE LEVELING COURSE MIRAFI NONWOVEN GEOTEXTILE WATERS OF THE U.S. HORIZONTAL STATION ELEV. 564 ELEV. 568 RIPRAP D50 = 24" PROP. GRADE LANDLOK S2 ECB TO BE PLACED ABOVE ARMORMAX 75. REFER TO SHEET 10 FOR ARMORMAX 75 DETAILS. REFER TO SHEET 10, DETAIL 8 FOR TOPSOIL DETAILS. LANDLOK S2 ECB SCALE IN FEET 1" = 10' PLAN 10'5'10'20'30'0' SCOURLOK BLOCKS ARMORMAX 75 LANDLOK S2 ECB TO BE PLACED ABOVE ARMORMAX REFER TO SHEET 10 FOR ARMORMAX 75 DETAILS A,B,C A,B,C TOP ELEV: 563 ARMORMAX 75 ENDS 02/05/2026 72 OF DESIGN: DRAWN: CHECK: DATE:2/3/2026 SCALE: PROJECT: SHEET: 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 TURNER ST. STREAM BANK STABILIZATION SCOURLOK - AREA 2+3 PROPOSED PLAN AND CONTROL POINTS SHEET 2 OF 2 CK DA, RV 1" = 10' CK NTP4423 - 0542 6 16 STEWART CREEK TRIBUTARY 1 PROPOSED GRADE CONTROL STRUCTURE (TxDOT PRECAST BARRIER WITH RIPRAP) REFER TO SHEET 5 FOR TYPICAL DETAIL AND SHEET 16 FOR DETAILED INFORMATION BBCCBOGARD DR. LEVELING COURSE MIRAFI NONWOVEN GEOTEXTILE EX. GRADE PROPOSED FILL PROP. GRADE EX. GRADE WATERS OF THE U.S. HORIZONTAL STATION LEVELING COURSE MIRAFI NONWOVEN GEOTEXTILE EX. GRADE PROPOSED FILL PROP. GRADE PROPOSED CUT LANDLOK S2 ECB LANDLOK S2 ECB CROSS SECTION B-B (1" = 5')CROSS SECTION C-C (1" = 5') TREE - PROTECT IN PLACE (SEE NOTE 4) WATERS OF THE U.S. HORIZONTAL STATION ELEV. 564.6 ELEV. 568.6 ELEV. 564.6 ELEV. 568.6 SCALE IN FEET 1" = 10' PLAN 10'5'10'20'30'0' SCOURLOK BLOCKS SCOURLOK BLOCKS A,B,C A,B,C RIPRAP D50 = 24" CURVED, REFER TO NOTE 5 LANDLOK 450 TRM LANDLOK 450 TRM RIPRAP D50 = 24" TOP ELEV: 562.25 LANDLOK 450 TRM ENDS LANDLOK S2 ECB TO BE PLACED ABOVE LANDLOK 450 TRM. REFER TO SHEET 11 FOR LANDLOK 450 TRM DETAILS. REFER TO SHEET 11, DETAIL 7 FOR TOPSOIL DETAILS. LANDLOK 450 TRM ENDS LANDLOK S2 ECB TO BE PLACED ABOVE LANDLOK 450 TRM. REFER TO SHEET 11 FOR LANDLOK 450 TRM DETAILS. REFER TO SHEET 11, DETAIL 7 FOR TOPSOIL DETAILS. STREET R.O.W 02/05/2026 73 OF DESIGN: DRAWN: CHECK: DATE:2/4/2026 SCALE: PROJECT: SHEET: 6060 North Central Expressway Phone 469.621.0710 Suite 400 Dallas, Texas 75206 FRN - F-1386 TURNER ST. STREAM BANK STABILIZATION GRADING PLAN CK DA, RV 1" = 15' CK NTP4423 - 0542 7 16 BOGARD DR. STEWART CREEK TRIBUTARY 1 SCALE IN FEET 1" = 15' PLAN 15'7.5'15'30'45'0' 4:1 2:1 4:1 4:1 PROPOSED GRADING LIMITS PROPOSED GRADING LIMITS STREET R.O.W 02/05/2026 74 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2026 –_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND STOIC CIVIL CONSTRUCTION INC. FOR THE TURNER STREET STREAM BANK STABILIZATION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of Stoic Civil Construction Inc., for the Turner Street Stream Bank Stabilization Project; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with Stoic Civil Construction Inc.; and WHEREAS, with this Contract the City of The Colony is agreeing to the services not to exceed the amount of $310,000.00 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The Construction Services 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. 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 21ST DAY OF APRIL 2026. __________________________ Richard Boyer, Mayor City of The Colony, Texas 75 ATTEST: ______________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ______________________________ Jeffrey L. Moore, City Attorney 76 Agenda Item No: 4.5 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to execute a contract with CI Pavement utilizing TIPS-USA Contract #230602-01 for the construction of a parking lot at the New Rec Center at 4431 Augusta Street in an amount not to exceed $432,764.57. (Lehmann) Background: CI Pavement's Fee is $432,764.57, which is in line with our estimates. In FY 25–26, we budgeted $1,000,000.00 for the New Recreation Center. The project was designed in the previous fiscal year. This will leave us with $567,235.43 in the account. RECOMMENDATION: The CDC Board approved the item at the April 9th Meeting. Attachments: CITY MEMO NEW RECREATION PARKING EXPANSION CI PAVEMENT 23063 STEWART CREEK PARKING LOT EXPANSION Res. 2026-xxx CI Pavement.doc 77 AGENDA ITEM TO: Mayor, City Council and City Manager DATE SUBMITTED: 4/10/2026 MEETING DATE: 4/21/2026 SUMMARY OF REQUEST: Consider approving a resolution authorizing the City Manager to execute a TIPS Contract with CI Pavement for the construction of a parking lot at the New Rec Center (4431 Augusta St.) in an amount not to exceed $432,764.57. CI Pavement Background: The project includes the construction of a new parking lot west of the current lot. Currently, the facility has a total of 74 parking spaces for the public. In the month of March alone, we averaged 113 visitors per day. As you can see, demand is already exceeding our capacity, and we have outgrown the existing parking available. To address this, we are proposing an expansion that will add 64 additional spaces, bringing the total to 138. This increase will better accommodate our current usage and allow for continued growth prior to the completion of the full Recreation Center construction. The plans for the parking lot are factored into the overall parking requirements needed for the facility in the future. This has been a need since the Community Center moved to the new facility at 4431 Augusta. CI Pavement, which submitted this proposal, completed the construction of the front parking area prior to the opening of the facility. They are part of TIPS CO-OP. Parking Addition Scope: • New pavement connection to existing parking lot • 64 additional spaces • Re-work front drop-off zone for the Community Center • Landscape islands • Stripe/re-stripe parking areas 78 AGENDA ITEM CI Pavement Fee: $432,764.57 Budget: In FY 25–26, we budgeted $1,000,000.00 for the New Recreation Center. The project was designed in the previous fiscal year. This will leave u s with $567,235.43 in the account. 79 15141214230 SF171.61'18'18.95'9'TYP 23'TYP230 SF60°141326.53'R16'16.52'09E09E12D12D10D10D221 SF12D212 SF12D72AEXISTINGPOWER POLE72AEXISTINGPOWER POLE72AEXISTINGGUY WIRE72AEXISTINGPOWER POLE72AEXISTINGPOWER POLE01ADRAWING LOCATION - \\PANZURA.CEILB.COM\PROJECTS\34000\34344.0\DRAWINGS\DESIGN\WORKING\34344_SP.DWG -- SAVED BY - GBINAM© 2025 CEI ENGINEERING ASSOCIATES, INC..80 Estimate Date: Estimate: Estimate 101 Josephine Grand Prairie, TX 75050 (972) 721-9796 Phone • (972) 721-1755 Fax 23063 1 Apr 2026 Job Name:Parking Lot Expansion Sales Rep:Geoffrey Balkcom 1 May 2026Estimate Expires: Sales Rep Cell:(817) 706-8098 SERVICE LOCATION Qty Description CITY OF THE COLONY - STEWART CR 4431 Augusta St The Colony, TX 75056 Prepared For Price Total 1 Harris Plaza The Colony, TX 75056 Calvin Lehman TIPS CONTRACT1 0.00 0.00TIPS Contract: This proposal is created in accordance with CI Pavement's current TIPS-USA Contract #230602-01: Pavement Related Services Mobilization1 11,876.95 11,876.95 Mobilization and General Site Preparation Construction Staking0.82 12,746.34 10,452.00 Construction Staking 1 3,500.00 3,500.00Lump Su Removal, Protection and replacement of shrubery, plants, sod and other vegetation Concrete - Removal120 10.00 1,200.00Linear Fe Removal of existing concrete curb 1 700.00 700.00Each Removal of existing guy wire Unclassified Excavation65 40.00 2,600.00Cubic Yar Unclassified Excavation Page 1 of 5Printed: 04/01/2026 01:20:37 PM 81 Estimate Date: Estimate: Estimate 101 Josephine Grand Prairie, TX 75050 (972) 721-9796 Phone • (972) 721-1755 Fax 23063 1 Apr 2026 Job Name:Parking Lot Expansion Sales Rep:Geoffrey Balkcom 1 May 2026Estimate Expires: Sales Rep Cell:(817) 706-8098 Grading - Dirtwork181 30.00 5,430.00Cubic Yar General Earthwork- CUT See Plans Grading - Dirtwork344 35.00 12,040.00Cubic Yar General Earthwork- FILL See plans Grading - Dirtwork1000 4.50 4,500.00Square Y Finish Grading See Plans Concrete - Specialties2 170.00 340.00Cubic Yar 6" Dry Rip Rap Concrete - Flex base2380 16.78 39,935.62Square YSquare footage: Areas: Cubic Yards: 21420 6" Thick type A, Grade 1 or 2 Flexible base Concrete - Install2380 118.05 280,959.00Square YSF: Areas: PSI & DEPTH: 21420 1 4000 - 5" Concrete - Curb810 45.00 36,450.00Linear FeLF: Areas: PSI: 810 4000 - 6" 1. Saw cut and excavate damaged 6" Curb. 2. Install rebar and forms to build 6" integral curb. 3. Place concrete and form to match existing curb grade. 4. Brush to smooth and uniform surface. Concrete - Sidewalk17 117.00 1,989.00Square YSF: AREAS: 153 1 Page 2 of 5Printed: 04/01/2026 01:20:37 PM 82 Estimate Date: Estimate: Estimate 101 Josephine Grand Prairie, TX 75050 (972) 721-9796 Phone • (972) 721-1755 Fax 23063 1 Apr 2026 Job Name:Parking Lot Expansion Sales Rep:Geoffrey Balkcom 1 May 2026Estimate Expires: Sales Rep Cell:(817) 706-8098 Concrete - Sidewalk17 PSI & DEPTH:4000 - 4" 1. Barricade work area, excavate and remove damaged debris from job site. 2. Rework and compact base with vibratory compactor as needed. 3. Install cushion sand pad as necessary. 4. Drill and dowel vertical surfaces on adjacent concrete. 5. Install concrete with rebar per details 6. Hand trowel and broom to finish. **Does not include landscape repair. Concrete - ADA Ramp2 3,000.00 6,000.00EachAreas: Rebar Size/Spac: Dowel caps: 2 #4 - 18"o.c. 1. Barricade work area, excavate and remove damaged debris from job site. 2. Rework and compact base with vibratory compactor as needed. 3. Install cushion sand pad as necessary. 4. Drill and dowel vertical surfaces on adjacent concrete. 5. Install concrete with rebar per details Ramp Running Slope < 8.3% Ramp Cross Slope <2.0% Landing Slopes <2.0% in all directions 6. Hand trowel and broom to finish. 184 45.00 8,280.00Square Y Temporary Construction Entrance See Plans Silt Fence400 4.28 1,712.00Linear FeControl Method: Provide Silt Fence, Erosion Control Logs, Inlet Protection, or a combination of the these in an attempt to control runoff and contamination. Includes installation, maintenance, and removal. 5 100.00 500.00Linear Fe Temporary Rock Check Dam See Plans Page 3 of 5Printed: 04/01/2026 01:20:37 PM 83 Estimate Date: Estimate: Estimate 101 Josephine Grand Prairie, TX 75050 (972) 721-9796 Phone • (972) 721-1755 Fax 23063 1 Apr 2026 Job Name:Parking Lot Expansion Sales Rep:Geoffrey Balkcom 1 May 2026Estimate Expires: Sales Rep Cell:(817) 706-8098 1 1,500.00 1,500.00Each Temporary Concrete Washout Stripe1 2,800.00 2,800.00Lump SuType: LF: Color: Width: New Layout See Notes Stripe parking and cross hatch as well as Fire Lane and HC logos SOW Notes1 0.00 0.00 Exclusions (Unless Otherwise Noted): 1) Damage to underground or unmarked utilities. 2) Graffiti or vandalism to new pavement or concrete after installation. 3) Bonds of any kind (performance, payment, or maintenance bonds). 4) Materials testing, engineering, or surveying services. 5) Permits, fees, or costs associated with permitting. 6) Utility adjustments, relocations, or repairs. 7) Landscape, irrigation, or sod repair beyond specifically noted removals. 8) Remediation of pre-existing drainage issues or subgrade deficiencies. 9) Removal or disposal of hazardous or contaminated materials. 10) Traffic control or police details not specifically listed. 11) Weekend, holiday, or after-hours work (unless specifically included; such work may incur additional charges). 12) Unforeseen site conditions, including but not limited to unsuitable soils, hidden obstructions, or adverse weather delays. 13) Any work not explicitly described in the scope above, or any changes to the scope, will only be performed upon written change order and may result in additional charges and schedule adjustments. 432,764.57Total Page 4 of 5Printed: 04/01/2026 01:20:37 PM 84 Estimate Date: Estimate: Estimate 101 Josephine Grand Prairie, TX 75050 (972) 721-9796 Phone • (972) 721-1755 Fax 23063 1 Apr 2026 Job Name:Parking Lot Expansion Sales Rep:Geoffrey Balkcom 1 May 2026Estimate Expires: Sales Rep Cell:(817) 706-8098 EXCLUSIONS, UNLESS OTHERWISE NOTED: Damage to underground utilities or graffiti on new pavement, bonds, testing, engineering, permits, utility adjustments, landscaping, irrigation, pre-existing drainage issues or subgrade deficiencies. Work performed on weekends may incur additional charges and any alteration from the above specifications involving additional costs will be executed only upon written order. ACCEPTANCE & PAYMENT: The above prices, specifications and conditions are satisfactory and are hereby accepted; CI Pavement is authorized to complete the work as specified. Any invoice past due will be subject to a late fee compounded at 2% per month prorated. Major credit cards are accepted, subject to a 4% convenience fee. CI Pavement reserves the right to file a preliminary liennotices and retains all lien rights. Taxes can be waived only upon receipt of a tax exemption certificate. 3rd party charges or undisclosed invoicing/contract portal fees will be passed through and added to invoice. Different service offerings may be invoiced separately as substantial completion is attained. Page 5 of 5Printed: 04/01/2026 01:20:37 PM Quote Accepted By: 85 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2026 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CI PAVEMENT FOR THE CONSTRUCTION OF A PARKING LOT AT THE NEW REC CENTER LOCATED AT 4431 AUGUSTA STREET; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of The Colony, Texas hereby authorizes the City Manager to execute a contract with CI Pavement for the construction of a parking lot at the new Rec Center located at 4431 Augusta Street; and WHEREAS, with this contract, the City of The Colony is agreeing to the services not to exceed the amount of $432,764.57. 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 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 21st DAY OF APRIL 2026. ____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ______________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________ Jeffrey L. Moore, City Attorney 86 Agenda Item No: 4.6 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: consent agenda Suggested Action: Consider approving a resolution authorizing the City Manager to award a purchase to Musco Sports Lighting utilizing Buyboard Contract # 760-25 in the amount of $103,073.50 for a 16:9 LED Screen to be funded by the Economic Development Corporation Fund. (Kopsa) Background: Attachments: Musco Sports Lighting LED Screen Memo 4.14.26.docx EST3190 City of the Colony (MAX 169 Quote).pdf Res. 2026-xxx Musco Sports Lighting Purchase.docx 87 AGENDA ITEM Memo TO: Mayor, City Council, and City Manager DATE SUBMITTED: 4/14/2026 MEETING DATE: 04/21/2026 SUMMARY OF REQUEST: Consider Approval of a Purchase Agreement with Musco Sports Lighting for the Acquisition of an LED Screen Quote Provided by Musco Sports Lighting for Economic Development Corporation LED Screen Purchase Background: Staff is requesting approval to purchase a large 16:9 LED video display to enhance the City’s event capabilities and expand economic development opportunities. Unlike previous equipment purchases funded through the Capital Improvement Program (CIP), this project is proposed to be funded through EDC funds due to its direct impact on business visibility and commercial activity within The Colony. The LED display will serve as a mobile economic development asset, supporting both City-hosted events and business activation efforts throughout the community. Scope of Work: Purchase of a large-format, 16:9 LED video display system Mobile capability for use at City events and business locations High-resolution display suitable for daytime and nighttime use Integration for event programming, advertising, and live content Budget: Budgeted funds are available for this project through the Economic Development Corporation (EDC). The total cost of the LED video display is $103,073.50. This project will be fully funded using EDC funds and will have no impact on the City’s General Fund. The investment aligns with EDC priorities by supporting economic development and business growth through enhanced event infrastructure and increased opportunities for business visibility and community engagement. The purchase will be made through BuyBoard, a cooperative purchasing program that ensures competitive pricing and compliance with procurement regulations. Business Recruitment and Activation: This investment provides a unique and competitive advantage in business recruitment and retention efforts. 88 Potential uses include: Advertising packages for new and existing businesses at major events Mobile deployment at retail centers and commercial corridors Support for: o Grand openings o Outdoor movie nights o Game watch events o Seasonal promotions and community activations This flexibility allows the City to bring programming directly to businesses, increasing foot traffic and economic activity beyond traditional event venues. Community and Economic Impact: The City hosts several large-scale events annually that generate significant attendance and economic activity: Liberty By The Lake – 45,000+ attendees American Heroes – 18,000+ attendees Additional events ranging from 2,000–5,000 attendees These events provide direct opportunities to connect residents and visitors with local businesses. The addition of a high-visibility LED display will: Increase exposure for local businesses and sponsors Enhance sponsorship value and revenue potential Improve the overall event experience, encouraging repeat attendance Drive customer traffic to surrounding commercial areas 89 90 91 QUOTE Musco Sports Lighting7901 SW 22nd StDes Moines IA 50321United States 1 of 4 City of The Colony City of The Colony6800 Main StreetThe Colony TX 75056United States Estimate #:EST3190 Date:2/18/2026 Memo:Max 169 Quote Terms: SHIPPING ADDRESS City of The Colony6800 Main StreetThe Colony TX 75056United States All quotes are valid for thirty (30) days from the date of the quotation #Item & Description Qty Rate Amount 1 MAX169 Trailer Frame MAX169 Trailer Frame 16' x 9' LED trailer frame (LED frame included) *We do not collect tax on the Trailer Frame portion of the order (except orders delivered to CA or HI). Tax for the Trailer Frame will be owed upon registering at customer's local DMV or county courthouse* 1 $42,500.00 $42,500.00 2 MAX169 LED Assembly (5.7mm) IP67 rated Includes 11-year parts, 5-year labor warranty 5.7mm LED panels: 960x960mm Screen Resolution: 840px x 504px (5W x 3T) Brightness: 7,500 NITS Operating life: 100,000 hours Spare parts including: modules, hubs, and data/power jumpers 1 $33,000.00 $33,000.00 3 MAX169 Production Box with Audio IP65 rated enclosure with exhaust fan: 30" x 30" x 34" Novastar VX600 Video Processor 2U storage drawer (2) Furman M-8Lx Merit X Series 8 outlet power conditioner 4x1 with audio extractor HDMI switch Patch panel – Includes 2-HDMI inputs, 1-SDI input, 1-SDI output Dell Inspiron 14 5000 laptop Dynacord L3600 Amplifier Rolls RM169 Professional 6-Channel Bluetooth Audio Mixer 1 $9,000.00 $9,000.00 4 Max169 LRC Speaker Assembly 1 $7,000.00 $7,000.00 5 MAX169 - Generator Assembly MAX169 Generator Package PowerTech Pti-12SI diesel generator + 30 gal fuel tank 1 $21,000.00 $21,000.00 6 Freight Mileage - Des Moines, IA to The Colony, TX 683 miles 683 $4.50 $3,073.50 92 QUOTE Musco Sports Lighting7901 SW 22nd StDes Moines IA 50321United States 2 of 4 #Item & Description Qty Rate Amount 7 Miscellaneous Expense Insane Impact TIPS NUMBER: 10487 Contract Number: 240101 1 $0.00 $0.00 8 Miscellaneous Expense Buyboard Contract Number: 760-25 1 $0.00 $0.00 Subtotal $115,573.50 Tax Total $0.00 Discount Total ($12,500.00) Total $103,073.50 93 QUOTE Musco Sports Lighting7901 SW 22nd StDes Moines IA 50321United States 3 of 4 Terms and Conditions 1. DESCRIPTION OF AGREEMENT. Insane Impact shall outline the sale of product(s) listed in attachment labelled (Final Invoice) and its deliverables to the Customer listed above with the equipment. 2. PAYMENT. Upon acceptance of signed Purchase Agreement, Insane Impact will provide a deposit invoice requiring a based on the total purchase price of the order. A final invoice for the remaining balance will be due upon receipt of the product. Any government purchase order or pre-existing agreement in regard to payment terms will supersede Insane Impact, LLC's generic payment terms. 3. TERM. The term of this Agreement commences on the Effective Date and ends at the final term, which is under warranty offering, pursuant to this Agreement (the “Term”). 4. OWNERSHIP. Customer shall keep all information confidential including, but not limited to patents, trademarks, trade names, logos, corporate names, domain names, copyrights, trade secrets, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. 5. WARRANTIES. Insane Impact (Seller) shall provide an agreed upon warranty to include parts and labor. The details and cost of this warranty will be outlined on the Final Invoice and provided in the “owners” manual which will accompany each product. 6. FORCE MAJEURE. a) Definition. For purposes of this Section, the term “Force Majeure” shall mean: (i) an act of God; (ii) flood, fire, earthquake, or explosion; (iii) war, invasion, terrorist threats or acts, or riots; (iv) government action, order, or law; (v) national or regional emergency; or (vi) for outdoor events, weather-related events, including, but not limited to, rain, lightning, hail, high wind, or snow. b) In the event of a “Force Majeure”, Insane Impact is NOT liable or responsible. 7. DEFAULT and REMEDIES. ·a) Events of Default. The following are “Events of Default”: 1.Customer’s failure to pay the Balance upon delivery OR Insane Impact’s failure to deliver the product in accordance with the agreement outlined in the “Final Invoice. 2.A party makes a general assignment for the benefit of creditors or has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. ·b) Insane Impact Default. Upon an Event of Default by Insane Impact, Customer may (i) terminate this Agreement upon written notice to Insane Impact; and/ or (ii) exercise any other available remedies at law or in equity. ·c) Customer Default. Upon an Event of Default by Customer, Insane Impact may terminate the Agreement immediately upon written notice to Customer and retain the Deposit as liquidated damages. The parties intend that these liquidated damages constitute compensation, and not a penalty. The parties acknowledge and agree that Insane Impact’s harm caused by Customer’s Event of Default would be impossible or very difficult to accurately estimate as of the Effective Date, and that the liquidated damages are a reasonable estimate of the anticipated or actual harm that might arise from Customer’s Event of Default. 8. INDEMNIFICATION. ·a) Indemnification by Customer. Customer shall indemnify and hold Insane Impact and its officers, directors, employees, and agents harmless from and against any and all liabilities, costs, expenses, damages, claims, suits, actions, demands, and losses, without limitation, court costs and reasonable attorneys’ fees (collectively, the “Liabilities”) arising out of or resulting from any third party claim, suit, action, or proceeding (each, an “Action”) arising out of or resulting from: 1.bodily injury, death of any person, or damage to real or tangible personal property resulting from the willful, fraudulent, or negligent acts or omissions of Customer or its officers, directors, employees, or agents; and ·b) Indemnification by Insane Impact. Insane Impact shall indemnify and hold Customer and its officers, directors, employees, and agents harmless from and against all Liabilities arising out of or resulting from any third-party Action arising out of or resulting from bodily injury, death of any person, or damage to real or tangible personal property resulting from the willful, fraudulent, or grossly negligent acts or omissions of Insane Impact or its officers, directors, employees, or agents. 9. ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration in Des Moines, Iowa under the Iowa Arbitration Act, Chapter 679A of the Iowa Code. If the parties are unable to agree upon an arbitrator within thirty (30) days of written notice from a party requesting arbitration, the arbitrator will be appointed by the Iowa District Court for Polk County. The arbitrator's award will be final, and judgment may be entered in the Iowa District Court for Polk County. The prevailing party shall be entitled to recover its expenses of arbitration, including reasonable attorney’s fees. 10. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties. 94 QUOTE Musco Sports Lighting7901 SW 22nd StDes Moines IA 50321United States 4 of 4 11. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 12. AMENDMENT. This Agreement may only be modified or amended by an agreement in writing signed by both parties. 13. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Iowa without giving effect to any conflict or choice of law provision or rule (whether of the State of Iowa or any other jurisdiction). 14. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 15. WAIVER. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 16. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort. 17. ASSIGNMENT. Insane Impact may assign or transfer this Agreement without the prior written consent of Customer. Customer may not assign or transfer this Agreement. 95 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2026 - _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO AWARD A PURCHASE TO MUSCO SPORTS LIGHTING FOR A 16:9 LED SCREEN; 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 Musco Sports Lighting in the amount of $103,073.50 for the purchase of a 16:9 LED screen to be funded by the Economic Development Corporation Fund. 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 21st DAY OF APRIL 2026. ___________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ______________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: _____________________________ Jeffrey L. Moore, City Attorney 96 Agenda Item No: 4.7 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: Building Item Type: Ordinance Agenda Section: consent agenda Suggested Action: Consider approving an ordinance amending the Code of Ordinances Chapter 6, Article I, Section 6-6(B) entitled "International Energy Conservation Code" by amending the local amendments by repealing Section C405.15, C405.15.1, C405.15.2, C405.15.3 and C405.15.4 concerning renewable energy systems. (Chumley) Background: See attached Ordinance for details regarding the recommended amendments. Attachments: 4.7 Ord. 2026-xxx Colony - Ord - International Energy Conservation Code - 2024 Edition - Amendment - jlm draft - 041426.docx 97 Page 1 of 2 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2026 - ______ 2024 INTERNATIONAL ENERGY CONSERVATION CODE LOCAL AMENDMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 6, ARTICLE I, SECTION 6- 6(B) ENTITLED "INTERNATIONAL ENERGY CONSERVATION CODE ADOPTED” BY AMENDING THE LOCAL AMENDMENTS BY REPEALING SECTION C405.15, C405.15.1, C405.15,2, C405.15.3 AND C405.15.4 CONCERNING RENEWABLE ENERGY SYSTEMS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that certain local amendments should be made to the 2024 Edition of the International Energy Conservation Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by amending Chapter 6, Article I, Section 6.6(b), entitled “Local Amendments” by repealing the following sections of the International Energy Conservation Code”, which shall read as follows: “Sec. 6-6. International Energy Conservation Code Adopted. (a) Adoption. The International Energy Conservation Code, 2024 edition, is hereby adopted and designated as the Energy Conservation Code for the City of The Colony, Texas. A copy of the 2024 Edition of the International Energy Conservation Code is on file in the office of the City Secretary. (b) Local Amendments. The following provisions are local amendments to the 2024 Edition of the International Energy Conservation Code. Each provision is a substitute for the identically numbered provision contained in the 2024 Edition of the International Energy Conservation Code or is a provision added to the 2024 Edition of the International Energy Conservation Code, . . . Section C405.15 Renewable energy systems. (Deleted) C405.15.1 Renewable energy systems. (Deleted) C405.15.2 Off-site renewable energy. (Deleted) 98 Page 2 of 2 C405.15.3 Renewable energy certificate (REC) documentation. (Deleted) C405.15.4 Renewable energy certificate purchase. (Deleted) . . . “ SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 21st day of APRIL 2026. Richard Boyer, Mayor ATTEST: Tina Stewart, TRMC, CMC City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney 99 Agenda Item No: 5.1 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: Planning Item Type: Ordinance Agenda Section: regular agenda items Suggested Action: Conduct a public hearing, discuss and consider an ordinance regarding a zoning change from Planned Development 10 (PD-10) to Planned Development 31 (PD-31) to establish the conceptual layout and development standards for a mixed commercial development. The subject site contains approximately 71.72 acres and is located north of the northwest intersection of Plano Parkway and Windhaven Parkway within the Planned Development-10 (PD-10) zoning district. (Williams) Background: Please see the attached staff report, drawings, maps and illustrations for detailed land use site layout and staff recommendation Attachments: PD26-0001_Colony_Commerce_Center__CC_Staff_Report_ (2).pdf 3-24-2026 PZ Minutes - DRAFT-final.docx PD 10 combined.pdf Ord. 2026-xxxx PD26-0001_Colony_Commerce_Center_Ordinance.docx Colony Commerce Exhibit A.pdf Project Narrative 2.6.26.docx 100 CITY COUNCIL REPORT AGENDA DATE: April 21, 2026 DEPARTMENT: Planning and Development Department SUBJECT – PD26-0001, Colony Commerce Center Planned Development 31 (PD31) Conduct a public hearing, discuss and consider an ordinance regarding a zoning change from Planned Development 10 (PD-10) to Planned Development 31 (PD-31) to establish the conceptual layout and development standards for a mixed commercial development. The subject site contains approximately 71.72 acres and is located north of the northwest intersection of Plano Parkway and Windhaven Parkway within the Planned Development-10 (PD-10) zoning district. APPLICANT/OWNER Owner: Lonzar Delaware, Inc Dallas, TX Applicant: Tyler Riek Hinds Industrial Dallas, TX EXISTING CONDITION OF PROPERTY The subject site is currently an approximately 72-acre tract of undeveloped land. ADJACENT ZONING AND LAND USE North - Planned Development-22 (PD-22) Mixed Commercial and Warehouse South - Planned Development-22 (PD-22) Mixed Commercial and Warehouse East- Planned Development-25 Mixed Commercial West- City of Lewisville BACKGROUND The subject site was previously part of a larger nearly 400-acre area of land situated north of Windhaven Parkway and on either side of Plano Parkway. Originally zoned Agricultural upon annexation into the City, the subject site was rezoned from Agricultural zoning to Planned Development 10 in 1985; the original base zoning district for PD-10 was Business Park (BP) and Multi-Family (MF). Portions of this acreage were combined with others (PD 10, PD 12, and PD 13) to create the Austin Ranch development (Planned Development-22). PD-10 as currently configured consists of the acreage (approximately 82 acres) not included in land dedicated to creating Austin Ranch. The 72 acres of the subject site has remained undeveloped and has maintained agricultural characteristics since annexation. The land use entitlements for Planned Development 10 (specifically the subject site) reflect remnants of previously planned mixed-use development. However, when portions of PD-10 were combined with PD 12 and PD 13, those entitlements no longer had the areal context to support development. An update or re-creation of the development and land use standards would be critical to development of the tract. 101 PROPOSED REQUEST The applicants request amends the zoning on approximately 72 acres within the existing Planned Development-10 (PD-10). The request provides a conceptual plan and development standards to address permitted land uses within the development, the configuration of buildings, buffering, parking, landscaping and establish the phasing and timing of infrastructure and utilities. The proposed conceptual development plans reflect the overall development intents prior to the more detailed Site Plan review; Site Plan is required prior to any development commencement in whole or in part. LAND USE ANALYSIS The subject site is located in an area of the City that contains the mixed entertainment elements of Grandscape, office commercial and the mixed residential offerings of Austin Ranch. The City’s Comprehensive Plan identifies this area as “Regional Mixed-Use Destination” and characterizes it as a place that “Provides regional employment and shopping centers serving both residents of The Colony and a wider regional audience. They may include a rich mix of business, commercial, office, retail, entertainment, production, storage, hotel/hospitality, and higher-density residential uses. And also “These places are expected to contribute significantly to The Colony’s tax base, job market, and community quality of life and thereby enhance the City’s economic vitality.” The request is more consistent with the existing office warehouse development to the north and northeast, than the entertainment and retail associated with the Grandscape development. However, the proposed development fits within the context of the Comprehensive Plan’s characterization of the site. The applicant has provided a curated list of permitted land uses, and conceptual development standards intended to highlight compatibility with the surrounding area, and the goals and strategies of the future development of the City. The following reflect the proposed development standards: SECTION I GENERAL PROVISIONS 1. For the purpose of this ordinance, Exhibit _A___, the PD Concept Plan, shall indicate conceptual alignments of thoroughfares and the general, size, locations, and delineations of buildings, landscape and zoning areas within this Planned Development, subject to refinement during Site Plan review. 2. Prior to the issuance of any building permit for the development of any Warehouse on any portion of the Property, a site plan as required by Section 10-664 of the Comprehensive Zoning Ordinance of the City of The Colony, Zoning Ordinance, Chapter 61 shall be 102 submitted and approved by the City Council and made an exhibit to and a part of this ordinance and incorporated by reference herein for all purposes. 3. The acreage shown for each tract or parcel of land shall be subject to minor refinement and adjustments at the time of platting based on final placement and design of bounding thoroughfares and/or exact determination of buildable areas within each tract. 4. Terms used in this ordinance shall have the same definitions as given in the Zoning Ordinance of the City of The Colony, Ordinance No. 61 unless otherwise defined herein. 5. All streets and thoroughfares shown on the Concept Plan shall be designed and constructed in accordance with approved City of The Colony standards. 6. All developments are subject to the approval of engineering plans in accordance with City of The Colony standards and specifications. 7. Developers shall design and construct drainage infrastructures in accordance with federal, state and local regulations and dedicate the appropriate easements in accordance with City of The Colony standards. 103 SECTION II DEVELOPMENT STANDARDS Except as otherwise provided herein, this Planned Development shall be subject to those development standards provided for the Business Park “BP” Zoning District as set forth in Section 10-2100 of the City of The Colony Comprehensive Zoning Ordinance, Chapter 61 of the City Code of Ordinances, as amended. 1. Permitted Uses a. All uses permitted in the Business Park “BP” Zoning District classification are permitted within the Property, except for the following: − Art needlework − Bar, lounge or tavern − Bus station and terminal − Bus or truck parking garage − Club, private; lodge or fraternal organization − Commercial radio/TV transmitting station − Eating place with dancing or entertainment − Electric substation − Library, art gallery/museum − Mortuary or funeral home − Nursing home/convalescent home − Club, private; lodge or fraternal organization − Private club, eating place with beer, wine, or liquor − Private club, with bar service − Railroad terminal (passengers or freight) − Rectory − Sewage pumping station − Swimming pool, private − Hand weaving − Hotel (limited or full-service) − Key shop b. “Warehouse” use (including, without limitation, e-commerce logistics and distribution uses) and “Light Manufacturing, Fabrication and Assembly Processes” use (including, without limitation, the fabrication and assembly of technology parts and devices such as electronic components, circuit boards, microchips, computers and similar electronic devices) shall be permitted on the Property and shall be regulated by performance standards in accordance with Section 10-400 of the Zoning Ordinance as may be amended from time to time. c. Accessory uses are permitted as set forth in the Zoning Ordinance including, but not limited to, coffee shops and cafeterias contained within warehouse, fitness centers, and other similar facilities. d. Dumpsters serving buildings adjacent to Plano Parkway shall be screened from Plano Parkway in accordance with this paragraph. Screening shall consist of: (i) a wing wall 104 extending from the edge of the building as shown on the Concept Plan; (ii) the building being served by the dumpster; (iii) landscaping, (iv) a combination of these screening types; or (v) any other screening method approved by the Planning Director. Screening may be located at the edge of a building to screen a dumpster located anywhere along the building. Screening shall be a minimum of six (6) feet in height. Dumpsters serving buildings not adjacent to Plano Parkway are not required to be screened. 2. Floor Area Ratio The overall cumulative Floor Area Ratio (“FAR”) for the entire Property, including detention areas, shall be a maximum of 1:1, subject to the following maximum cumulative FAR by type of use: − Warehouse/Light Fabrication and Assembly: 0.55:1 − Office: 1:1 For purposes of calculating FAR, the entire property is considered a single development such that FAR shall be calculated as a ratio of the entire development and not calculated on a per-lot basis. As each building is developed, the developer shall provide updated FAR calculations providing total floor area developed to assure compliance with the maximum FAR. The location factor and adjusted FAR set forth in Section 10-2100(B) do not apply. 3. Landscaping All landscaping shall comply with the City of The Colony Landscaping Ordinance, except as follows. The buffer yards along the street frontages shall be reduced to: − Plano Parkway 20 ft. Each development site shall provide effective open space equal to ten (10) percent of the development site. Storm water detention ponds and retention ponds shall be included in open space calculations. 4. Fencing Without limitation as to other permissible fence materials and types, fences constructed of black vinyl chain link are expressly permitted. Fences may not exceed a height of eight feet, six inches in any rear or side yard, or along any rear or side yard lot line. Fences in front yards abutting Plano Parkway may not exceed the height limitation set forth in Section 18-604(A) of the Zoning Ordinance. All other fences in front yards or along the front yard lot line may not exceed a height of eight feet, six inches. 5. Loading & Service Access All service areas shall be located to the rear or sides of the buildings and shall not face Plano Parkway R.O.W. Loading and service areas visible from Plano Parkway shall be screened in the same manner as dumpsters in paragraph 1.e above. 6. Parking a. Parking requirements shall comply with The Colony Code of Ordinances, Section 13 and the requirements set forth herein. b. Reduction in the parking requirements may be permitted in accordance with a parking study approved by the Planning Director. 105 c. A maximum of four (4) single rows of parking are permitted between the primary building and the street. d. Parking is prohibited in required landscape buffers. 7. Exterior Lighting Exterior parking and loading areas shall be provided with adequate security lighting. Such lighting shall be either wall- or pole-mounted, with cut-off type luminaire (aimed downward), to minimize glare directed toward the streets or adjacent properties. All external lights shall be mounted not to exceed thirty (30) feet in height measured from grade. 8. Signage All signage shall be in compliance with the City of The Colony sign ordinance as amended from time to time. 9. Traffic Impact Analysis a. Exhibit ____, Traffic Impact Analysis (“TIA”), identifies the traffic-related effects of the proposed development within this Planned Development. b. As long as the development is in general compliance with the Concept Plan, an updated TIA is not required at the time of site plan review unless: i. the uses of the buildings have changed from those reflected on the Concept Plan; or ii. the building areas are more than five percent (5%) greater than those shown on the Concept Plan. 10. Compliance With City Code of Ordinances Each individual site will be subject to plat and site plan review and approval to ensure compliance with all applicable ordinances and requirements of the City before a building permit is issued. 11. Concept Plan Flexibility For the purpose of this ordinance, Exhibit _A___, the PD Concept Plan, shall indicate conceptual alignments of thoroughfares and the general, size, locations, and delineations of buildings, landscape and zoning areas within this Planned Development, subject to refinement during Site Plan review. The Concept Plan is intended to provide some flexibility and may be changed at the time of Site Plan review and approval to meet user needs and market demands for Office, Light Fabrication and Assembly Process, and Warehouse uses. 106 NOTIFICATION A notice of public hearing was published in the local newspaper on April, 4, 2026 a minimum of fifteen 15 days prior to the public hearing. The Zoning Ordinance also requires notification of property owners located within 200 feet of the subject property a minimum of fifteen (15) days prior to the public hearing. Public Hearing notices were mailed on March 13, 2026 to adjacent property owners. Letters of opposition were presented to the Planning Commission by adjacent property owner Henry Billingsley of Billingsley Company.; Bill Walker, P.E. and Henry Billingsley spoke in opposition to the request. As of the drafting of this report, no letters of opposition have been submitted to the City Council. DEVELOPMENT REVIEW COMMITTEE REVIEW The Development Review Committee (DRC) recommends approval of the proposed Planned Development for a mixed commercial development. PRIOR ACTION On March 24th The Colony's Planning and Zoning Commission approved [4-3] the request of the zoning change from Planned Development 10 (PD-10) to Planned Development 31 (PD-31) to establish the conceptual layout and development standards for a mixed commercial development, with the following conditions: 1. Landscape buffer provided along Plano Parkway to be a minimum of 25 feet wide exclusive of any sidewalk/other hardscape. One three-inch caliper canopy tree, 12 feet in height, shall be provided for every 25 feet of street frontage. Three ornamental trees may be substituted for one canopy tree not to exceed 25% of the number of large canopy trees required in the Landscape buffer. 2. Applicant to provide a meandering sidewalk of similar width to existing sidewalks along Plano Parkway. Width and layout are to be reviewed and approved by Parks and Planning staff at Site Plan approval. 3. Detention may not be provided in the front yard. Retention ponds with water feature in the front yard may be approved by the City Manager or his designee but may not be within the required landscape buffer. 4. Applicant shall provide maximum opacity screening of the truck court, trailer parking and dumpsters from the public ROW with a masonry screening wall and/or living screen. Applicant shall provide a line-of-sight study at the time of Site Plan submission to be approved by the City Manager or his designee. 5. Allowable fencing materials are those shown in 10A-1200 Table 1 or wrought iron with living screen. Black vinyl chain link is not permitted. 6. Applicant shall provide maximum opacity screening between neighboring properties utilizing fencing/wall, a living screen or a combination thereof. ATTACHMENTS 1. Location Map 2. Proposed Ordinance and exhibits 3. Planned Development-10 Ordinance 4. Draft minutes from March 24th Planning Commission meeting (uncertified) 107 1 MINUTES CITY OF THE COLONY PLANNING AND ZONING COMMISSION WEDNESDAY, MARCH 24, 2026 After determining that a quorum was present, the Planning and Zoning Commission of the City of The Colony, Texas convened into Regular Session which was held on Tuesday, March 24, 2026 at 6:30 p.m. in the City Council Chambers located at City Hall, 6053 Main Street, The Colony, Texas, at which time the following items were addressed: Board Members Present: Kirk Varga, Kenneth Flo, DeWayne Snider, Brenda Armour and Jeff Baran, Karen Hames and Robert Cox Board Members Absent: Staff Present: Isaac Williams, Planning Director; Melissa Devin, Planning Technician; Allisen Ducay, Planner; Ron Hartline, Engineering Director and Alan Lathrom, Attorney Chair Hames called the regular session of the Planning and Zoning Commission meeting to order at 6:30 p.m. 2.0 CITIZEN INPUT 3.0 CONSENT AGENDA 3.1 Consider the approval of the minutes of the March 10, 2026 Regular Session Chair Hames read Consent Agenda Item 3.1 into record. Commissioner Armour made a motion to approve item 3.1, seconded by Commissioner Cox. The motion carried (7-0). Chair Hames stated she would be moving the Discussion Items up because of the nature of the Public Hearing. Chair Hames read Discussion Item 5.1 into record. Ms. Ducay presented the staff report. Commissioner Cox asked about the second story of the building. Ms. Ducay responded that the applicant would need to respond to that question. 1.0 CALL REGULAR SESSION TO ORDER 5.0 DISCUSSION ITEMS 5.1 SP25-0007 - Martinizing Cleaners - Site Plan Discuss and consider making a recommendation to City Council regarding the Site Plan application of "Martinizing Cleaners," an approximately 3,327 sq ft laundry and dry- cleaning franchise. The subject site contains approximately 0.44 acres (19,081 sq ft) and is located at 7447 Main Street within the General Retail Zoning District and the Gateway Overlay District. 5.2 SPA25-0013 - MN8 Grandscape EV Service - Site Plan Amendment Discuss and consider approval of the Site Plan Amendment application of "MN8 Energy" regarding the installation of Electric Vehicle Charging Stations (EVCS) at Lot 3R, Block A, Grandscape Addition Phase II. The subject site is located at 5800 Grandscape Blvd within the NFM-Grandscape Planned Development (PD-25) 108 2 Mary Herrera, the applicant of the case, stepped forward. She responded that the second story would be a small office for the property owners. Commissioner Cox asked for further clarification on the use of the upstairs space. Mrs. Herrera responded that the office space would not be leased and would only be used by the property owners. Commissioner Baran asked if the parallel parking space shown on the plans was required. Ms. Ducay responded that in order to meet the requirements, it was. Commissioner Baran asked if a parking variance could be done for it because it seemed unnecessarily dangerous. Ms. Ducay responded that the parking space was permitted in that location and it was the proper dimensions for the standard parking spaces. She further added that the location was selected to fit the drive-isle. Chair Hames asked Ms. Ducay to show the parking space in question. Commissioner Baran asked Mr. Williams [Planning Director] if he could make that a condition of approval or a recommendation. Mr. Williams stepped forward and responded that any deviations from the parking code could be addressed via variance, which the Planning Commission did not have the authority to grant or it could be addressed with an SUP, which was not the request. Commissioner Snider asked if the fire lane was sufficient to reach the back of the building. Ms. Ducay responded in the affirmative and added that the fire department had also reviewed the plans and had no concerns. Commissioner Snider made a motion to approve item 5.1, seconded by Commissioner Baran. The motion carried (7-0). Chair Hames read Discussion Item 5.2 into record. Ms. Ducay presented the staff report. Commissioner Cox asked about the poles and whether they were lights. Ms. Ducay responded that the poles were for the devices themselves but there were lights installed in them as well. Commissioner Cox asked if that would also be driving the internet and connectivity for the devices. Ms. Ducay responded that she would have to have the applicant address the specifics of the use of the devices. Commissioner Cox stated that he wasn’t concerned, just curious. Commissioner Cox made a motion to approve item 5.2, seconded by Commissioner Flo. The motion carried (7-0). 109 3 Chair Hames read Agenda item 4.1 into record. Mr. Williams presented the staff report. Commissioner Snider asked if a traffic study was required for the request. Mr. Williams responded that staff has requested that the applicant take a look at the traffic in the area. Commissioner Cox mentioned that this isn’t just a zoning case, that it is also a building standards case. He asked about the land uses specific to the PD proposed versus what it was prior. Mr. Williams responded that the PD being proposed would not allow of any multi-family use. He added that PD-10 did have some allowances for multi-family but the development standards would not really allow for the development of such use. Commissioner Cox stated that he just wanted to be sure that land use and any entitlements were clear. He also added that he was concerned that we were not requiring screening on Plano Pkwy for any trash receptacles because that was the entrance to Grandscape, which is important to the City. Mr. Williams clarified that the PD did include screening off Plano Pkwy. Commissioner Cox reiterated that he believed it was important for that screening, especially when you got into industrial-type zones because of the different types of waste that could be produced. Commissioner Baran stated that the proposed PD was the connective tissue for PD-22 and PD-25 and it was important that the landscaping and screening standard we hold in the City were consistent along Plano Pkwy. Chair Hames opened public hearing at 6:58 pm. Mr. Tyler Riek, the applicant of the project approached the mic. Mr. Riek offered a presentation on the proposed project to the Commissioners. Commissioner Cox asked Mr. Riek if he would be okay with the Planning and Zoning Commission requiring that all of the property, not just the PD, had the same screening standards as the rest of the City. Mr. Riek responded in the affirmative. Commissioner Cox asked if drone logistics were allowed in this land use. Mr. Williams responded that drone usage is regulated by the FAA so we don’t have a land use that would accommodate or prohibit such use so in theory, they would be allowed. He added that we did require an SUP (specific use permit) for the landing pads in case of such use. Commissioner Cox added that he had no issue with it, he was just curious. Commissioner Baran asked about the discussions with the surrounding property owners. 4.0 PUBLIC HEARING ITEMS 4.1 PD26-0001 – Colony Commerce Center Planned Development 31 (PD-31) Conduct a public hearing, discuss and consider making a recommendation to City Council regarding a zoning change from Planned Development 10 (PD-10) to Planned Development 31 (PD-31) to establish the conceptual layout and development standards for a mixed commercial development. The subject site contains approximately 71.72 acres and is located north of the northwest intersection of Plano Parkway and Windhaven Parkway within the Planned Development-10 (PD-10) zoning district. 110 4 Mr. Riek replied that there is a mutual easement access for the driveway in question [N side]. Commissioner Baran asked if the conversation had been had with the neighbors. Mr. Riek stated that they had not had a discussion specific to the driveway in question. He provided further clarification on the easements surrounding the property. Commissioner Baran asked if they had a discussion with the owners of the Billingsley property regarding the screening. Mr. Riek responded in the affirmative and added that it is already included in the plans that were submitted. Commissioner Baran asked Mr. Riek if he’d be open to placing landscaping and a meandering sidewalk along Plano Pkwy. Mr. Riek responded that he wasn’t sure that there was a sidewalk currently there but he’d look into it. Commissioner Baran asked about detention and whether it was needed on the property. Mr. Riek replied that the site falls north to south and it’s roughly 5 acres so from an engineering perspective that was the best location. Commissioner Baran asked if it was a dry pond. Mr. Riek responded in the affirmative. Commissioner Baran asked if they had placed any thought in how they would landscape that area. Mr. Riek replied that it would be sod or seed. Commissioner Cox asked Mr. Willaims if the development standards would include what the typical landscaping requirements were. Mr. Williams responded in the affirmative. He added that the concept of them are included, but if they had anything specific, they were requesting, they would add it at this time. Commissioner Cox stated that he just wanted to be sure that it followed the development standards for our Gateway. Mr. Williams responded that the location proposed does not fall into our Gateway Overlay District but that the PD would have its own development standards or be supplemented by the City Ordinances if the PD standards were silent. Mr. Henry Billingley, a representative of the neighboring property, approached the mic. He described the history of the property and stated his opposition to the proposed development. Mr. Bill Walker, a representative for the neighboring property, approached the mic. He stated that he was an engineer and that some of the details of the project made him nervous. Mr. Dan Gallagher, a representative of the project proposed, approached the mic. He added that the detention and other engineering specifics were not relevant to the zoning request. He stated that the team had already conducted preliminary grading but had not yet submitted it to the City since the PD had to be approved first. He further added that him and his team had done much more work than they currently would for a zoning case and had conducted multiple studies to ensure they were prepared. Chair Hames closed public hearing at 7:31pm. 111 5 Commissioner Baran made a motion to approve item 4.1 with the conditions stated below, seconded by Commissioner Snider. The motion carried (4-3). Landscape buffer provided along Plano Parkway to be a minimum of 25 feet wide exclusive of any sidewalk/other hardscape. One three-inch caliper canopy tree, 12 feet in height, shall be provided for every 25 feet of street frontage. Three ornamental trees may be substituted for one canopy tree not to exceed 25% of the number of large canopy trees required in the Landscape buffer. Applicant to provide a meandering sidewalk of similar width to existing sidewalks along Plano Parkway. Width and layout are to be reviewed and approved by Parks and Planning staff at Site Plan approval. Detention may not be provided in the front yard. Retention ponds with water feature in the front yard may be approved by the City Manager or his designee but may not be within the required landscape buffer. Applicant shall provide maximum opacity screening of the truck court, trailer parking and dumpsters from the public ROW with a masonry screening wall and/or living screen. Applicant shall provide a line-of-sight study at the time of Site Plan submission to be approved by the City Manager or his designee. Allowable fencing materials are those shown in 10A-1200 Table 1 or wrought iron with living screen. Black vinyl chain link is not permitted. Applicant shall provide maximum opacity screening between neighboring properties utilizing fencing/wall, a living screen or a combination thereof. There being no further business to come before the Commission, Chair Hames adjourned the Regular Session of the Planning and Zoning Commission at 7:34pm. Karen Hames, Chairman Isaac Williams, Planning Director 112 AN ORDINANCE OF THE CITY OF THE COLONY TEXAS AMENDING COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED IN EXHIBIT A TO PD PLANNED DEVELOPMENT DISTRICT CLASSIFICATION PROVIDING FOR SPECIAL CONDITIONS PROVIDING FOR AMENDMENT OF THE ZONING DISTRICT MAP PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS 100000 FOR EACH OFFENSE AND PROVIDING AN EFFECTIVE DATE WIIRFAS the Planning and Zoning Commission of the City of The Colony and the City Council of the City of The Colony in compliance with the laws of the State of Texas and with the provisions of the Comprehensive Zoning Ordinance of the City of The Colony have given the requisite notices by publicatioa and otherwise and have held due heaings and afforded a full and fair hearing to all property owners generally and to persons interested and situated in the affected area and in the vicinity thereof and after such hearings the governing body of the City of The Colony is of the opiniou that the zoning change should be granted NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY TEXAS SECTION 1 That the Comprehensive Zoning Ordinance of the City of The Colony Texas be and the same is hereby amended by amending the Zoning District Map of the City of The Colony so as to change the property described in Exhibit A attached hereto and made a part hereof for all purposes to PD Planned Development District Classification SECTION 2 That the property described in Exhibit A shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of The Colony as amended herein by the granting of this change of zoning subject to the following special eondition A No land shall be used and no building shall be erected or converted for any use other than BP Business Park District Classification uses and MF2 Multiple Family Dwelling District Classification uses with a maximum 113 density permitted of twentyfour 24 dwelling units per acre provided that MF2 uses shall be set back not less than two hundred fifty 250 feet from Springcreek Parkway Piano Parkway and the projected east west sixlane divided major thoroughfare planned for the property B That all lakes fIoed plain areas power 1ne easements and common areas of the property designated for MF2 uses shall be included for purposes of density computations in determining the maximum permitted density of twentyfour 24 dwelling unitsper acre C Prior to the issuance of any bnilding permit for the development of any portion of the property described herein the Development Plan required by Section 10664 of the Comprehensive Zoning Ordinance of the City of The Colony Ordinance No 61 as amended shall be submitted and approved by the City Council and made an exhibit to and a part of this ordinance and incorporated by reference herein for all purposes D Unless otherwise set out specifically on the Development Plan required hereby the regulations set out in Sections 10 11 12 13 14 15 and 18 shall apply as appropriate to the areas of the property designated for BP Business Park District Classification uses or MF2 Multiple Family Dwelling District Classification uses E The Development Plan required hereby shall include the major thoroughfares shown on the Thoroughfare Plan attached hereto as Exhibit B and made a part hereof for all purposes The exact location of such major thoroughfares has not been determined but will be determined and located exactly on the Development Plan The developer will be responsible for the construction of the major thoroughfares shown on Exhibit B in accordance with the Development Plan and in accordance with the standards and conditions of the City of The Colony as they exist at the time of development SECTION 3 That all conditions and restrictions imposed in this ordinance and in the exhibits attached hereto and made a part hereof fo all purposes relative to the development of this Planned Development District shall be complied with before a Certificate of 114 Occupancy is issued for the use of the portion of land being developed or any structure which is a part of this Planned Development District and such conditions and restrictions shah not be construed as conditions precedent to the approval of the zoning granted herein but shall be construed as conditions precedent to the granting of the Certificate of Occupancy SECTION 4 That all ordinances of the City of The Colony in conflict with the provisions of this ordinance be and the same are hereby repealed and all other ordinances of the City of The Colony not in conflict with the provisions of this ordinance shall remain in full force and effect SECTION 5 Should any of the sections paragraphs sentences clauses or phrases of this ordinance be held or determined to be invalid or unconstitutional by a court of competence jurisdiction such holding or determination shah not affect the remaining portions of this ordinance which are declared to be severable SECTION 6 That any person firm or corporation violating any of the provisions or terms of this ordinance or o the Comprehensive Zoning Ordinance as amended hereby or of the exhibits approved and attached as part 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 subject to a fine not to exceed the sum of One Thousand Dollars 100000 for each offense and each and every day any such offense shall continue shall be deemed to constitute a separate offense SECTION This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide 115 PASSEDbytheCityCounciloftheCityofTheColonyTexasonthedayof1985APPROVEDATTESTAPPROVEDASTOFORMCITYATTORNEY116 EXE3ITBEINGatractoflandsituatedintheSamuelBEvansSurveyAbstractNo387DavidAndrewsSurveyAbstractNo18andtheThomasAWestSurveyAbstractNo13qqinDentonCountyTexasandbeingmoreparticularlydescribedasfollowsCOMMENCINGapointintheNorthrightofwaylineofFMHighwayz480footrightofwaysaidpointalsobeinginthemostwesterlylineofsaidSamuelBEvansSurveyTHENCEN01055WalongtheabovesaidwesterlyllneofSamuelBEvansSureyforadistanceof13640feettoapointTHENCEN7845Eleavingsaidsurveylineforadistanceot1S70feettoapointTHENCEN6051Eforadistanceof720feettoapointTHENCEN72048Eforadistanceof3900feettothePOINTOFBEGINNINGTHENCEN0125Wforadistanceof2200feettoapointTHENCEN22017Eforadistanceof950feettoapointTHENCEN28256foradistanceof740feettoapointTHENCEN60I0Eforadistancefo540feettoapointTHENCEN76019Eforadistanceof1490feettoapointsaidpointbeinginthewestlineoftheSamuelBEvansSurveyTHENCEN0020Walongthewestlineofsaidsurveylineadistanceof38830feettoapointsaidpointalsobeingtheNorthwesterlycorneroftheSamuelBEvansSurveyTHENCEN89001EalongtheNorthlineofsaidsurveyadistanceof4750feettoapointTHENCEN89018EcontinuingalongnorthsurveylineoftheSamuelBEvansSurveyandtheDavidAndrewsSurveyforadistanceof21650feettoapointTHENCEN0031Wforadistanceof16500feettoapointTHENCES89045Wforadistanceof16390feettoapointTHENCEN00002Wforadistanceof16880feettoapointsaidpointalsobeingintheSouthlineofTheColonycitylimitTHENCEEastalongsaidSouthlineofTheColonycitylimitforadistanceof2960feettoapointalsobeingtheWestlineofTheColonycitylimitTHENCES00053EalongtheWestlineofsaidcitylimitlinforadistanceof16690feettoapointTHENCES0640Wforadistanceof16460feettoapointTHENCEN89i9Eforadistanceof3500feettoapointTHENCES07005Wforadistanceof17000feettoapoint117 EN890q9Wforadistanceof21000feettoapointsaidpointalsobeingthecenterlineofafuturethoroughfarerunningNorthandSouthTHENCEinasouthwesterlydirectionalongthecentedineofsaidfuturethoroughfarealongacuvetotheleftadistanceof10500feettoapointsaidpointalsobeingthecenterlineofafuturethoroughfareTHENCEinasouthwesterlydirectionalongthecenterlineofsaidfuturethoroughfarealongacurvetotheleftandreversecurvetotherightadistanceof28400feettothePOINTOFBEGINNNGandCONTAINING59Lacresoflandmoreorless118 119 AN ORDINANCE OF THE CITY OF THE COLONY TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED IN EXHIBIT A TO PD PLANNED DEVELOPMENT DISTRICT CLASSIFICATION PROVIDING FOR SPECIAL CONDITIONS PROVIDING FOR AMENDMENT OF THE ZONING DISTRICT MAP PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS 100000 FOR EACH OFFENSE AND PROVIDING AN EFFECTIVE DATE WIRIA the Planning and Zoning Commission of the City of The Colony and the City Council of the City of The Colony in compliance with the laws of the State of Texas and with the provisions of the Comprehensive Zoning Ordinance of the City of The Colony have given the requisite notices by publication and otherwise and have held due hearings and afforded a full and fair hearing to all property owners generally and to persons interested and situated in the affected area and in the vicinity thereof and after such hearings the governing body of the City of The Colony is of the opinion that the zoning change should be granted NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY TEXAS SECTION 1 That the Comprehensive Zoning Ordinance of the City of The Colony Texas be and the same is hereby amended by amending the Zoning District Map of the City of The Colony so as to change the property described in Exhibit A attached hereto and made a part hereof for all purposes to PD Planned Development District Classification SECTION 2 That the property described in Exhibit A shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of The Colony as amended herein by the granting of this change of zoning subject to the following special conditions A No land shall be used and no building shall be erected or converted for any use other than BP Business Park District Classification uses and MF2 Multiple Family Dwelling District Classification uses with a maximum 120 density permitted of twentyfour 24 dwelling units per acre provided that MF2 uses shall be set back not less than two hundred fifty 250 feet from Springcreek Parkway Piano Parkway and the projected east west sixlane divided major thoroughfare planned for the property B That all lakes flood plain areas power line easements and common areas of the property designated for MF2 uses shall be included for purposes of density computations in determining the maximum permitted density of twentyfour 24 dwelling units per acre C Prior to the issuance of any building permit for the development of any portion of the property described herein the Development Plan required by Section 10664 of the Comprehensive Zoning Ordinance of the City of The Colony Ordinance No 61 as amended shah be submitted and approved by the City Council and made an exhibit to and a part of this ordinance and incorporated by reference herein for all purposes D Unless otherwise set out specifieally on the Development Plan required hereby the regulations set out in Sections 10 11 12 13 14 15 and 18 shall apply as appropriate to the areas of the property designated for BP Business Park Distriet Classification uses or MF2 Multiple Family Dwelling District Classification uses E The Development Plan required hereby shall include the major thoroughfares shown on the Thoroughfare Plan attached hereto as Exhibit B and made a part hereof for all purposes The exact location of such major thoroughfares has not been determined but will be determined and located exactly on the Development Plan The developer will be responsible for the construction of the major thoroughfares shown on Exhibit B in accordance with the Development Plan and in accordance with the standards and conditions of the City of The Colony as they exist at the time of development SECTION 3 That all conditions and restrictions imposed in this ordinance and in the exhibits attaebed hereto and made a part hereof for all purposes relative to the development of this Planned Development District shall be complied with before a Certificate of 121 Occupancy is issued for the use of the portion of land being developed or any structure which is a part of this Planned Development District and such conditions and restrictions shall not be construed as conditions precedent to the approval of the zoning granted herein but shall be construed as conditions precedent to the granting of the Certificate of Occupancy SECTION 4 That all ordinances of the City of The Colony in conflict with the provisions of this ordinance be and the same are hereby repealed and all other ordinances of the City of The Colony not in conflict with the provisions of this ordinance shall remain in full force and effect SECTION 5 Should any of the sections paragraphs sentences clanses or phrases of this ordinance be held or determined to be invalid or unconstitutional by a ceurt of competence jurisdiction such holding or determination shall not affect the remaining portions of this ordinance which are declared to be severable SECTION 6 That any person firm or corporation violating any of the provisions or terms of this ordinance or of the Comprehensive Zoning Ordinance as amended hereby or of the exhibits approved and attached as part 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 subject to a fine not to exceed the sum of One Thonsand Dollars 100000 for each offense and each and every day any such offense shall continue shall be deemed to constitute a separate offense SECTION 7 This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide 122 DULYPAEDbytheCityCounciloftheCityofTheColonyTexasontheAPPROVEDATTESTCIIFfSECRETARYAPPROVEDASTOFORMCITYATTORNEY123 EXiiIITAwBEINGatractoflandsituatedintheBenjaminSchoonoverSurveyAbstractNo1208inDentonCountyTexasandbeingmoreparticularlydescribedasfollowsBEGINNINGatapointintheNorthlineofsaidBenjaminSchoonoverSurveyandtheWestrightofwaylineoftheStLouisandSanFranciscoRailroadsaidpointalsobeinginthecenterofapublicroadTHENCEN8949Ealongthecenterofsaidpublicroadforadistanceof12970feettoapointTHENCES0001Wforadistanceof2340feettoapointTHENCES0054Eforadistanceof10100feettoapointTHENCES0011Wforadistanceof4400feettoapointTHENCEN8949Wforadistanceof15000feettoapointintheWestrightofwaylineofsaidrailroadTHENCEN0705EalongtheWestrightofwayofsaidrailroadforadistanceof17000feettothePOINTOFBEGINNINGandCONTAINING540acresoflandSAVEANDEXCEPTa10footwidestripoflandtoberetainedbytheCityofHebronsaidstripoflandlyingsoutherlyandwesterlyofthefollowingBEGINNINGatapointintheNorthlineofsaidBenjaminSchoonoverSurveyandtheWestrightofwaylineoftheStLouisandSanFranciscoRailroadsaidpointalsobeinginthecenterofapublicroadTHENCEN8949Ealongthecenterofsaidpublicroadforadistanceof12970feettoapointTHENCES000IWforadistanceof2340feettoapointTHENCES0054Eforadistanceof10100feettoapointTHENCES001IWforadistanceof4400feettoapointsaidstripcontinuingandlyingNortherlyofthefollowingTHENCEN8949Wforadistanceof15000feettoapointintheWestrightofwaylineofsaidrailroadandendofthe10footstripCONTAINING09acresoflandmoreorles124 ORIGINAL CITY OF THE COLONY TEXAS oRDINANCE NO g AN ORDINANCE OF THE CITY OF THE COLONY TEXAS GRANTING A CHANGE IN ZONING ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY TEXAS AND MORE FULLY DESCRIBED HEREIN AMENDING SECTION 2 OF ORDINANCE 369 AMENDING SECTION 2 OF ORDINANCE 382 RELATING TO MULTI FAMILY RESIDENTIAL DEVELOPMENT WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE PROVIDING THAT THE DEVELOPMENT CONDITIONS SHALL BE CONDITIONS PRECEDENT TO THE GRANTING OF A CERTIFICATE OF OCCUPANCY CORRECTING THE OFFICIAL ZONING MAP PRESERVING ALL OTHER PARTS OF THE COMPREHENSIVE ZONING ORDINANCE PROVIDING A SEVERABILITY CLAUSE DETERMINING THAT THE PUBLIC INTEREST MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS 100000 FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITIED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS application was made to amend thc official Zoning District Map of the City of The Colony Texas the City by making application for the same with the Planning and Zoning Commission of the City of The Colony Texas as required by State statutes and the Zoning Ordinance of the City and all the legal requirements conditions and prerequisites having been complied with the case having come before the City Council of the City of Thc Colony Texas and WHEREAS the City Council of the City of The Colony Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether the requested zoning should be granted or denied safety of the motoring public and pedestrians safety from fire hazards and measures for fire control protection of property from flood or water damages noise producing elements and glare of vehicular and stationary lights ad effect of such lights on the character of the neighborhood location lighting and types of signs and relation of signs to traffic control and adjacent property street size and adequacy of width for traffic reasonably expected to be generated by the 125 proposed use adequacy of parking as determined by requirements of this ordinance for off street loading spaces and protection of public health by surfacing on all parking areas to control dust effect on the promotion of health and the general welfare effect on light and air the effect on the overcrowding of the land the effect on the concentration of population the effect on the transportation water sewerage schools parks and other facilities and WHEREAS the City Council of the City of The Colony Texas at a public hearing called by the City Council of the City of The Colony Texas did consider the following factors in making a determination as to whether this requested zoning should be granted or denied effect on the congestion of the streets the fire hazards panic and other dangers possibly present in the securing of safety from same the effect on the promotion of health and the general welfare effect on adequate light and air the effect on the overcrowding of the land the effect on the concentration of population the effect on the transportation water sewerage schools parks and other public facilities and WHEREAS the City Council of the City of The colony Texas further considered among other things the character f the districts and their peculiar suitability for particular uses and the view to conserve the value of buildings and to encourage the most appropriate use of land throughout the City and WHEREAS the City Council of the City of The Colony Texas does find that there is a public necessity for the zoning change that the public demands it that the public interest clearly requires the amendment that the zoning change does not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made and WHEREAS the City Council of the City of The Colony Texas does find that the zoning lessens the congestion in the streets helps secure safety from fire panic and other dangers promotes health and the general welfare provides adequate light and air prevents the overcrowding of land avoids undue concentration of population facilitates the adequate provisions of transportation water sewerage schools parks and other public requirements and WHEREAS the City Council of the City of The Colony Texas has determined that there is a necessity and need for the change in zoning and has also found and determined that there has been a change in the condition of the property surrounding and in close proximity of the tract of land requested for a change since the tract of land was originally classified and therefore feels that the respective changes for the tract of land are needed are called for and are in the best interest of the public at large the citizens of the City and help promote the general health safety and welfare of the community NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY TEXAS 126 Section 1 That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as ff copied in their entirety Section 2 That Section 2 of ordinances 369 and 382 of the City of The Colony Texas the City be and the same are hereby amended in the following particulars and that all other sections subsections paragraphs sentences phrases and words of said Comprehensive Zoning Ordinance are not amended but shall remain intact and are hereby verified ratified approved and affirmed A provided that for each tract developed with MF2 uses within twohundred fifty 250 feet from Springcreek Parkway Piano Parkway and the projected eastwest sixlane divided major thoroughfare planned for the property development of an equivalent area of the property described herein shall be limited to BP Business Park District classification uses other than MF2 In the event there has been no site plan approval or construction activity on the property within 3 years from the approval date of thi ordinance the City Council reserves the right to call a public hearing for the purpose of reconsideration of the specific details of this section Construction shall be defined as onsite ground breaking and excludes any major civil offsite improvements Section 3 That the City Manager of the City is hereby directed to correct the official zoning mapoftheCitytoreflectthehereinchangeinzoning Section 4 That in all other respects of the tract or tracts of land hereinabove described shall be subject to all applicable regulations contained in the Comprehensive Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City Section 5 That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health safety morals and the general weffare of the commuuity They have been designed with respect to both present conditions and the conditions reasonable anticipated to exist in the foreseeable future to lessen congestion in the streets to secure safety from fire panic flood and other dangers to provide adequate light and air to prevent overcrowding of land to avoid undue concentration of population to facilitate the adequate provisionoftransportationwaterseweragedrainageandsurfacewaterparksandotherpublicrequirementsand to make adequate provisions for the normal business commercial needs and development of the community They have been made with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community Section 6 This ordinance shall be cumulative of all other ordinances of the City affecting zoningandshallnotrepealanyoftheprovisionsofsaidordinancesexceptinthoseinstanceswhereprovisionsofthoseordinancesareindirectconflictwiththeprovisionsofthisordinance Section 7 If any section article paragraph sentence danse phrase or word in this ordinance or application thereto any person or circumstances is held invalid or 127 unconstitutionalbyaCourtofcompetentjurisdictionsuchholdingshallnotaffectthevalidityoftheremainingportionsofthisordinanceandtheCityCouncilherebydeclaresitwouldhavepassedsuchremainingportionsoftheordinancedespitesuchinvaliditywhichremainingportionsshallremaininfullforceandeffectSection8AnypersonviolatinganyoftheprovisionsofthisordinanceshallbedeemedguiltyofamisdemeanoranduponconvictionthereofshallbesubjecttoafineinasumnottoexceedOneThousandDollars100000foreachoffenseandaseparateoffenseshallbedeemedcommitteduponeachdayduringoronwhichaviolationoccursorcontinuesSection9ThefactthatthepresentzoningordinanceandregulationsoftheCityareinadequatetoproperlysafeguardthehealthsafetymoralspeaceandgeneralwelfareoftheinhabitantsoftheCitycreatesanemergencyfortheimmediatepreservationofthepublicbusinesspropertyhealthsafetyandgeneralwelfareofthepublicwhichrequiresthatthisordinanceshallbecomeeffectivefromandafterthedateofitfinalpassageandpublicationasprovidedbylawanditisaccordinglysoordainedPASSEDAIDAPPROVEDbvtheCityCounciloftheCityofTheColonyTexasthisthedayof19qWilliamWManningMayorATlESTPattiAHicksTRMCCitySecretaryAPPROVEDASTOFORMCityAt2ctcrneeyy128 Page 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2026 - ____ COLONY COMMERCE CENTER PLANNED DEVELOPMENT NO. 31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, APPENDIX A, COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF THE COLONY, TEXAS ON AN APPROXIMATE 71.72-ACRE TRACT OF LAND AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS ATTACHED HERETO AND INCORPORATED HERE FOR ALL PURPOSED, TO BE KNOWN AS COLONY COMMERCE CENTER PLANNED DEVELOPMENT DISTRICT; ESTABLISHING A MIXED COMMERCIAL CONCEPT PLAN AND DEVELOPMENT STANDARDS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission for the City of The Colony, Texas, has recommended that the official zoning map of the City of The Colony, Texas, be amended to reflect that the zoning on an approximate 71.72-acre tract of land north of the northwest intersection of Plano Parkway and Windhaven Parkway, and more particularly described in Exhibit A of this Ordinance, which is attached hereto and is incorporated herein for all purposes, establishing a Mixed commercial concept plan and development standards in accordance with Planned Development 31 (PD-31, Ordinance No. 2026-xxxx; and WHEREAS, the Planning and Zoning Commission of the City of The Colony, Texas, and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested, and the City Council of the City of The Colony, Texas, is of the opinion and finds that said changes should be granted and that the Comprehensive Zoning Ordinance should be amended. WHEREAS, this change of zoning is in accordance with the adopted Comprehensive Plan of the City of The Colony, as amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. FINDINGS INCORPORATED That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. REZONE OF PROPERTY That the Comprehensive Zoning Ordinance and Map of the City of The Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore 129 Page 2 amended, be and the same is hereby amended to grant a change in zoning on an approximate 71.72-acre tract of land north of the northwest intersection of Plano Parkway and Windhaven Parkway, and more particularly described in Exhibit A of this Ordinance, which is attached hereto and is incorporated herein for all purposes, be changed from Planned Development 10 (PD-10) to Planned Development 31 (PD-31) establishing a mixed commercial concept plan and development standards, in accordance with Planned Development 31 (PD-31), Ordinance No. 2026-xxxx; and SECTION 3. ENROLLMENT OF ORDINANCE The City Secretary is directed to engross and enroll this Ordinance in the Code of Ordinances of the City of The Colony and to reflect this change of zoning on the official zoning map of the City of The Colony, Texas. SECTION 4. PENALTY CLAUSE Any person, firm, or corporation violating any of the provisions or terms of this Ordinance shall be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed $2,000.00 for each offense, and each and every violation or day such violation shall continue or exist, shall be deemed a separate offense. SECTION 5. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective immediately upon its passage and publication as required by law. DULY PASSED by the City Council of the City of The Colony, Texas, this the 21st day of April 2026. APPROVED: _____________________________________ Richard Boyer, Mayor ATTEST: ______________________________________ Tina Stewart, TRMC, CMC, City Secretary 130 Page 3 APPROVED AS TO FORM: ____________________________ Jeffrey L. Moore, City Attorney 131 Page 4 EXHIBIT “A” 132 PLANOPKWY BAR G A I NWAYTRINITY DRTRAVIS ST W I N D H AVEN PKWY DESTINATIONDRPD PD PD PD PD PD This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness or accuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No: PD 26-0001 - COLONY COMMER CE CENTER SUBJECT AREA Project Name Colony Commerce Center PD10 PD22 PD25 133 HINES COLONY – ZONING DESCRIPTION BEING a tract of land situated in the T.A. West Survey, Abstract No. 1344, City of The Colony, Denton County, Texas; being a portion of a called 81.7201 acre tract of land described in the General Warranty Deed to Lonzar Delaware, Inc., recorded in Volume 4707, Page 868, Deed Records, Denton County, Texas and being more particularly described as follows: BEGINNING at the north west corner of said 81.7201 acre tract and being in the south right -of- way line of Plano Parkway (a variable width right -of-way) and being the beginning of a non-tangent curve to the right with a radius of 950.00 feet, a central angle of 29°23'47", and a chord bearing and distance of South 75°41'13" East, 482.08 feet; THENCE in a southeasterly direction with said south right-of-way line and with said non-tangent curve to the right, an arc distance of 487.41 feet to the northwest corner of Lot 1R-2, Block 1, of Pizza Inn Corporation Addition, an addition to the City of The Colony, according to the plat thereof recorded in Cabinet Y, Page 429, Plat Records, Denton County, Texas; THENCE departing said south right-of-way line and with the west line of said Lot 1R-2 the following courses and distances: South 29°00'29" West, a distance of 135.35 feet; South 00°20'06" East, a distance of 1067.26 feet to the southwest corner of said Lot 1R- 2; THENCE North 89°26'20" East, with the south line of said Lot 1R-2, passing at a distance of a distance of 450.00 feet the southeast corner of said Lot 1R -2 and being the southwest corner of Lot 1, Block 1 of the Edward Don Addition, an addition to the City of The Colony, according to the pat thereof recorded in Cabinet W, Page 176, Plat Records, Denton County, Texas, continuing with the south line of said Edward Don Addition, passing at a distance of 1012.16 feet the south east corner of said Edward Don Addition, and being the southwes t corner of Lot 1, Block A of Old Oak Pond Office Addition, an addition to the City of The Colony, Texas, according to the plat thereof recorded in Document No. 2015 -270, Plat Records, Denton County, Texas, continuing with the south line of said Old Oak Pond Office Addition a total distance of 1086.10 feet to an angle point in the north line of said 81.7201 acre tract and being in the south line of the remainder of a called 53.30 acre tract of land described in the General Warranty Deed to Crow -Billingsley UMF Plano, Ltd., recorded in Volume 4707, Page 875, Deed Records, Denton County, Texas ; THENCE with the common line of said 81.7201 acre tract and said 53.30 acre tract, the following courses and distances: South 00°50'18" East, a distance of 203.39 feet to a point for corner; 134 North 89°23'38" East, a distance of 1477.85 feet to the southeast corner of said 53.30 acre tract and being the easterly most northeast corner of said 81.7201 acre tract and being the west right-of-way line of said Plano Parkway and the beginning of a non-tangent curve to the right with a radius of 1030.00 feet, a central angle of 18°18'40", and a chord bearing and distance of South 08°44'17" West, 327.78 feet; THENCE with said west right-of-way line of Plano Parkway, the following course said distances In a southwesterly direction, with said non -tangent curve to the right, an arc distance of 329.18 feet to a point for corner; South 17°53'37" West, a distance of 867.15 feet to a point at the beginning of a tangent curve to the left with a radius of 1650.00 feet, a central angle of 22°12'47", and a chord bearing and distance of South 06°47'13" West, 635.69 feet; In a southwesterly direction, with said tangent curve to the left, an arc distance of 639.69 feet to a point at the beginning of a reverse curve to the right with a radius of 1950.00 feet, a central angle of 03°11'25", and a chord bearing and distance of South 02°43'28" East, 108.57 feet; In a southeasterly direction, with said reverse curve to the right, an arc distance of 108.58 feet to the northeast corner of Lot 1, Block A of the Lonzar Addition, an addition to the City of The Colony, according to the plat thereof recorded in Document No. 2020-175, Plat Records, Denton County, Texas; THENCE South 88°45'51" West, departing said west right-of-way line and with the north line of said Lonzar Additon, a distance of 913.94 feet to the northwest corner of said Lonzar Additon and being in the west line of said 81.7201 acre tract ; THENCE North 00°49'30" West, with said west line, passing at a distance of 65.37 feet the southeast corner of Lot 1R, Block C of Austin Ranch West, an addition to the City of The Colony, according to the plat thereof recorded in Cabinet X, Page 866, Plat Records Denton County, Texas, continuing with the east line of said Lot 1R, Block C, a total distance of 1733.11 feet to the northeast corner of said Lot 1R, Block C; THENCE South 89°25'35" West, with the north line of said Lot 1R, Block C, passing at a distance of 899.30feet the northwest corner of said Lot 1R, Block C, and being the northeast corner of Lot 2, Block C, continuing with the north line of said Lot 2, Block C, a total distance of 1638.96 feet to the northeast corner of said Lot 2, Block C and being a west corner of said 81.7201 acre tract ; THENCE North 00°22'06" West, with the west line of said 81.7201 acre tract, a distance of 1673.98 feet to the POINT OF BEGINNING and containing 71.86 acres of land more or less. 135 PLANNED DEVELOPMENT DISTRICT NO. ____ SECTION I GENERAL PROVISIONS 1. For the purpose of this ordinance, Exhibit ____, the PD Concept Plan, shall indicate conceptual alignments of thoroughfares and the general, size, locations, and delineations of buildings, landscape and zoning areas within this Planned Development, subject to refinement during Site Plan review. 2. Prior to the issuance of any building permit for the development of any Warehouse on any portion of the Property, a site plan as required by Section 10 -664 of the Comprehensive Zoning Ordinance of the City of The Colony, Zoning Ordinance, Chapter 61 shall be submitted and approved by the City Council and made an exhibit to and a part of this ordinance and incorporated by reference herein for all purposes. 3. The acreage shown for each tract or parcel of land shall be subject to minor refinement and adjustments at the time of platting based on final placement and design of bounding thoroughfares and/or exact determination of buildable areas within each tract. 4. Terms used in this ordinance shall have the same definitions as given in the Zoning Ordinance of the City of The Colony, Ordinance No. 61 unless otherwise defined herein. 5. All streets and thoroughfares shown on the Concept Plan shall be designed and constructed in accordance with approved City of The Colony standards. 6. All developments are subject to the approval of engineering plans in accordance with City of The Colony standards and specifications. 7. Developer shall design and construct drainage infrastructures in accordance with federal, state and local regulations and dedicate the appropriate easements in accordance with City of The Colony standards. 136 SECTION II DEVELOPMENT STANDARDS Except as otherwise provided herein, this Planned Development shall be subject to those development standards provided for the Business Park “BP” Zoning District as set forth in Section 10-2100 of the City of The Colony Comprehensive Zoning Ordinance, Chapter 61 of the City Code of Ordinances, as amended. 1. Permitted Uses a. All uses permitted in the Business Park “BP” Zoning District classification are permitted within the Property, except for the following: − Art needlework − Bar, lounge or tavern − Bus station and terminal − Bus or truck parking garage − Club, private; lodge or fraternal organization − Commercial radio/TV transmitting station − Eating place with dancing or entertainment − Electric substation − Library, art gallery/museum − Mortuary or funeral home − Nursing home/convalescent home − Club, private; lodge or fraternal organization − Private club, eating place with beer, wine, or liquor − Private club, with bar service − Railroad terminal (passengers or freight) − Rectory − Sewage pumping station − Swimming pool, private − Hand weaving − Hotel (limited or full-service) − Key shop b. “Warehouse” use (including, without limitation, e-commerce logistics and distribution uses) and “Light Manufacturing, Fabrication and Assembly Processes” use (including, without limitation, the fabrication and assembly of technology parts and devices such as electronic components, circuit boards, microchips, computers and similar electronic devices) shall be permitted on the 137 Property and shall be regulated by performance standards in accordance with Section 10-400 of the Zoning Ordinance as may be amended from time to time. c. Accessory uses are permitted as set forth in the Zoning Ordinance including, but not limited to, coffee shops and cafeterias contained within warehouse, fitness centers, and other similar facilities. d. Dumpsters serving buildings adjacent to Plano Parkway shall be screened from Plano Parkway in accordance with this paragraph. Screening shall consist of: (i) a wing wall extending from the edge of the building as shown on the Concept Plan; (ii) the building being served by the dumpster; (iii) landscaping, (iv) a combination of these screening types; or (v) any other screening method approved by the Planning Director. Screening may be located at the edge of a building to screen a dumpster located anywhere a long the building. Screening shall be a minimum of six (6) feet in height. Dumpsters serving buildings not adjacent to Plano Parkway are not required to be screened. 2. Floor Area Ratio The overall cumulative Floor Area Ratio (“FAR”) for the entire Property, including detention areas, shall be a maximum of 1:1, subject to the following maximum cumulative FAR by type of use: − Warehouse/Light Fabrication and Assembly: 0.55:1 − Office: 1:1 For purposes of calculating FAR, the entire property is considered a single development such that FAR shall be calculated as a ratio of the entire development and not calculated on a per-lot basis. As each building is developed, the developer shall provide updated FAR calculations providing total floor area developed to assure compliance with the maximum FAR. The location factor and adjusted F.A.R. set forth in Section 10-2100(B) do not apply. 3. Landscaping All landscaping shall comply with the City of The Colony Landscaping Ordinance , except as follows. The buffer yards along the street frontages shall be reduced to: − Plano Parkway 20 ft. − All other streets 5 ft. 138 Each development site shall provide effective open space equal to ten (10) percent of the development site. Storm water detention ponds and retention ponds shall be included in open space calculations. 4. Fencing Without limitation as to other permissible fence materials and types, fences constructed of black vinyl chain link are expressly permitted. Fences may not exceed a height of eight feet, six inches in any rear or side yard, or along any rear or side yard lot line. Fences in front yards abutting Plano Parkway may not exceed the height limitation set forth in Section 18-604(A) of the Zoning Ordinance. All other fences in front yards or along the front yard lot line may not exceed a height of eight feet, six inches. 5. Loading & Service Access All service areas shall be located to the rear or sides of the buildings and shall not face Plano Parkway R.O.W. Loading and service areas visible from Plano Parkway shall be screened in the same manner as dumpsters in paragraph 1.e above. 6. Parking a. Parking requirements shall comply with The Colony Code of Ordinances, Section 13 and the requirements set forth herein. b. Reduction in the parking requirements may be permitted in accordance with a parking study approved by the Planning Director. c. A maximum of four (4) single rows of parking are permitted between the primary building and the street. d. Parking is prohibited in required landscape buffers. 7. Exterior Lighting Exterior parking and loading areas shall be provided with adequate security lighting. Such lighting shall be either wall- or pole-mounted, with cut-off type luminaire (aimed downward), to minimize glare directed toward the streets or adjacent properties. All external lights shall be mounted not to exceed thirty (30) feet in height measured from grade. 8. Signage 139 All signage shall be in compliance with the City of The Colony sign ordinance as amended from time to time. 9. Traffic Impact Analysis a. Exhibit ____, Traffic Impact Analysis (“TIA”), identifies the traffic-related effects of the proposed development within this Planned Development. b. As long as the development is in general compliance with the Concept Plan, an updated TIA is not required at the time of site plan review unless: i. the uses of the buildings have changed from those reflected on the Concept Plan; or ii. the building areas are more than five percent (5%) greater than those shown on the Concept Plan. 10. Compliance With City Code of Ordinances Each individual site will be subject to plat and site plan review and approval to ensure compliance with all applicable ordinances and requirements of the City before a building permit is issued. 11. Concept Plan Flexibility For the purpose of this ordinance, Exhibit ____, the PD Concept Plan , shall indicate conceptual alignments of thoroughfares and the general, size, locations, and delineations of buildings, landscape and zoning areas within this Planned Development, subject to refinement during Site Plan review. The Concept Plan is intended to provide some flexibility and may be changed at the time of Site Plan review and approval to meet user needs and market demands for Office, Light Fabrication and Assembly Process, and Warehouse uses. 140 SSSSSSSSSSSSSSW W W W W W W W W W W W W W W W W W W W W WWWWWWWWWWWWWWWWWWWWWWWSSSSSSSSSSSSSSSSSSSSSSSSSSWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W W FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFL FL FL FL FLFLFLFLFLFL FLFLFLFLFLFLFL FL FLFLFLFLFLFL FLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFL FL FL FL FL FLFL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FLFLFLF L FLFLFLFLFLFLF L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL 8T,L,T<($S(0(NT3L$NO3.W<%8,L',N*SF%8,L',N* SF %8,L',N*SF%8,L',N*SF%8,L',N* SF%8,L',N*SF'(T(NT,ON$R($3RO3OS('0(',$NO3(N,N* 8T,L,T<($S(0(NT3RO3OS('0(',$NO3(N,N* 8T,L,T<($S(0(NTTR,N,T<'RW, N ' H $ 9 ( N 3 . 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T<3 L$N'S&$3(%8FF(R L$N'S&$3(%8FF(RL,9,N*S&R((N3RO9,'('TOS&R((NTR8&.&O8RTSFRO0N(,*H%OR,N*3RO3(RT,(S$N'38%L,&ROW T<3 R(F(RN&(L$N'S&$3(&ON&(3T3L$NL,9,N*S&R((N3RO9,'('TOS&R((NTR8&.&O8RTSFRO0N(,*H%OR,N*3RO3(RT,(S$N'38%L,&ROW T<3 R(F(RN&(L$N'S&$3(&ON&(3T3L$NL,9,N*S&R((N3RO9,'('TOS&R((NTR8&.&O8RTSFRO0N(,*H%OR,N*3RO3(RT,(S$N'38%L,&ROW T<3 R(F(RN&(L$N'S&$3(&ON&(3T3L$NL,9,N*S&R((N3RO9,'('TOS&R((NTR8&.&O8RTSFRO0N(,*H%OR,N*3RO3(RT,(S$N'38%L,&ROW T<3 R(F(RN&(L$N'S&$3(&ON&(3T3L$NTKLVGRFXPHQWWRJHWKHUZLWKWKHFRQFHSWVDQGGHVLJQVSUHVHQWHGKHUHLQDVDQLQVWUXPHQWRIVHUYLFHLVLQWHQGHGRQO\IRUWKHVSHFLILFSXUSRVHDQGFOLHQWIRUZKLFKLWZDVSUHSDUHGRHXVHRIDQGLPSURSHUUHOLDQFHRQWKLVGRFXPHQWZLWKRXWZULWWHQDXWKRUL]DWLRQDQGDGDSWDWLRQE\.LPOH\HRUQDQG$VVRFLDWHV,QFVKDOOEHZLWKRXWOLDELOLW\WR.LPOH\HRUQDQG$VVRFLDWHV,QF '$T( $SSHOWN R(9,S,ONSNR'$T(SH((TN80%(R&H(&.('%< S&$L( '(S,*N('%< 'R$WN%< .H$3RO-(&T L$STS$9(' $03LOTT('%<3(NN,N*TONRO% $0'W*3$TH . ?R&HB&LYLO?&RORQ\&RPPHUFH&HQWHU?B'HVLJQ?&$'?([KLELWV'W*N$0(HLQHVTKH&RORQ\&RQFHSW3ODQGZJ T(;$STH(&OLON< ,0$*(S(3S*B'DWHBLDWBLRQ B0SSB9HUW ;R(FS[%GU[([KLELW $3R,L R(3 '3*.,0L(<HORN$N'$SSO&,$T(S,N& 3HON( F$; WWW.,0L(<HORN&O0T;F N&(NTR$L(;3R(SSW$<S8,T( R,&H$R'SONT;'$N*$LL$*H(R $3R,L FORR(9,(WONL< (QJLQHHU 3(NR'DWH NOTFOR&ONSTR8&T,ON38R3OS(S R(3 &OLON<&O00(R&( &(NT(R 3R(3$R('FOR H,N(S NORTH*R$3H,&S&$L(,NF((T&ON&(3T3L$N&3SS3RO3(RT<L,N((;S$N,T$R<S(W(RL(*(N'(;,ST,N*($S(0(NTS,T('$T$T$%L(3H<S,&$L$''R(SS3RO3(RT<S,=((;,ST,N*L$N'8S(3RO3OS('L$N'8S(%8,L',N*&O9(R$*(,03(R9,O8S$R($3(R9,O8S$R($PARKING SUMMARYPROPERTY COVERAGE DATA%8,L',N*SF%8,L',N*SF%8,L',N*SFREQUIREDPROVIDED3L$NO3$R.W$<$&9$&$NTSF,N'8STR,$LW$R(HO8S(SFSFSFS3$&(SS3$&(SS3$&(SS3$&(S3RO3OS('F,R(L$N(FLFLFLFL%8,L',N* SF%8,L',N* SF%8,L',N*SFS3$&(S S3$&(SLO&$T,ON0$3 NTS S$0R$<%8RN TOLLRO$'W,N'H$9(N3.W<S3R,N*&R((.3.W<3L$NO3.W<3$,*(R'S&OLON< %L9'0(0OR,$L 'RS,T($LL3$R.,N*S3$&(TO%( ; 8NL(SSOTH(RW,S(NOT('$LLR(48,R('F,R(L$N('R,9($,SL(STO%(0,N,080F((TW,'($LLR(48,R('F,R(L$N(T8RN,N*R$',,TO%(0,N,080F((T3RO3OS('0(',$NO3(N,N*SON3L$NO3.W<TO0((T&,T<ST$N'$R'0,N,080S3$&,N*R(48,R(0(NTSTR8&.&O8RTSTO%(S&R((N('FRO0N(,*H%OR,N*3RO3(RT,(S$N'38%L,&R,*HTOFW$<%<L,9,N*S&R((NR(F(R(N&(L$N'S&$3(&ON&(3T3L$NNOT(SNORTHDEVELOPMENT REVIEW SCHEDULE,N,T,$L$33L,&$T,ONINFORMATION WITHIN DOCUMENT&OLON<&O00(R&(&(NT(R3'S8%0,TT$L$SSURYHGE\WKH&LW\&RXQFLORQWKHBBBBBBBBBBBBBBGD\RIBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB3ODQQLQJ'LUHFWRUS3$&(SS3$&(SS3$&(S S3$&(SS3$&(SS3$&(SS3$&(3(RSFFORSFS3$&(SS3$&(3(RSFFOR!SFW$R(HO8S(3$R.,N*R$T,O 3R(3$R$T,ON'$T( $3R,LTHWW(;W$T(RLOTS,=( $& SFLOTS,=($&SFLOTS,=($&SFLOTS,=($&SFLOTS,=($& SFLOTS,=($&SFLOT COVERAGE DATAFLOOR AREA RATIOOPEN SPACELOTLOTLOTLOTLOTLOT SF SF SFSF SFSF SFSF SF SF SFSF SF SF SFSF SFSF SFSF SF SF SFSF 141 MATCH LINE - SHEET L.3 / 1 MATCH LINE - SHEET L.3 / 1 MATCH LINE - SHEET L.3 / 1 MATCH LINE - SHEET L.3 / 2 MATCH LINE - SHEET L.3 / 2 MATCH LINE - SHEET L.2 MATCH LINE - SHEET L.3 / 1 MATCH LINE - SHEET L.2 30' UTILITY EASEMENT PLA N O P K W Y BUILDING 1 113,270 SF BUILDING 3142,390 SFBUILDING 4 376,460 SF BUILDING 5 121,070 SF BUILDING 6 149,670 SF BUILDING 2 113,270 SF DETENTION AREA PROPOSED MEDIAN OPENING10' UTILITY EASEMENT 10' UTILITY EASEMENT TRINITY DR WINDHAVEN PKWY26.0' 40.0' 26.0' 40.0'26.0'40.0' 30.0' 26.0'26.0' 26.0' 26.0'130.0'130.0'130.0' 190.0'130.0'200.0'26.0'40.0' 40.0' 26.0'26.0'26.0'26.0' 26.0' 45.0' 55.0' LOT LINE LOT LINE LOT LINE LOT LINELOT LINE LOT 1 LOT 2 LOT 3LOT 4 LOT 5 LOT 6 30.0' 34' MUTUAL ACCESS EASEMENT SSSSSSSSSSSSSSWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W W W W W W W W SSSSSS SS SS SS SSSSSSSSSSSSSS W W W W W W WWWWWWWWWWWW W W W W WWWWWWWWWWWW WW W W WWWWWWBuilding 4142,390 SF 25' WIDE LANDSCAPE BUFFER 25' WIDE LANDSCAPE BUFFER 25' WIDE LANDSCAPE BUFFER 25' WIDE LANDSCAPE BUFFER 25' WIDE LANDSCAPE BUFFER 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 25' WIDE LANDSCAPE BUFFER ISSUE: DATE: SHEET NAME: SHEET NUMBER: 04.14.2026 OVERALL LANDSCAPE PLAN L.1 LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1782 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM FOR APPROVAL 02.06.2026COLONY INDUSTRIALPLANO PARKWAYTHE COLONY, TEXASLANDSCAPE NOTES 1. CONTRACTOR SHALL VERIFY ALL EXISTING AND PROPOSED SITE ELEMENTS AND NOTIFY ARCHITECT OF ANY DISCREPANCIES. SURVEY DATA OF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS. 2. CONTRACTOR SHALL LOCATE ALL EXISTING UNDERGROUND UTILITIES AND NOTIFY ARCHITECT OF ANY CONFLICTS. CONTRACTOR SHALL EXERCISE CAUTION WHEN WORKING IN THE VICINITY OF UNDERGROUND UTILITIES. 3. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED LANDSCAPE AND IRRIGATION PERMITS. 4. CONTRACTOR TO PROVIDE A MINIMUM 2% SLOPE AWAY FROM ALL STRUCTURES. 5. ALL PLANTING BEDS AND LAWN AREAS TO BE SEPARATED BY STEEL EDGING. NO STEEL TO BE INSTALLED ADJACENT TO SIDEWALKS OR CURBS. 6. ALL LANDSCAPE AREAS TO BE 100% IRRIGATED WITH AN UNDERGROUND AUTOMATIC IRRIGATION SYSTEM AND SHALL INCLUDE RAIN AND FREEZE SENSORS. 7. ALL LAWN AREAS TO BE SOLID SOD BERMUDAGRASS, UNLESS OTHERWISE NOTED ON THE DRAWINGS. 8. DECOMPOSED GRANITE SHALL BE (3) THREE INCHES DEEP W/ FILTER FABRIC BETWEEN NATIVE SOIL AND GRANITE SOLID SOD NOTES 1 FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS INDICATED. LEAVE AREAS TO RECEIVE TOPSOIL 3" BELOW FINAL DESIRED GRADE IN PLANTING AREAS AND 1" BELOW FINAL GRADE IN TURF AREAS. 2.ADJUST CONTOURS TO ACHIEVE POSITIVE DRAINAGE AWAY FROM BUILDINGS. PROVIDE UNIFORM ROUNDING AT TOP AND BOTTOM OF SLOPES AND OTHER BREAKS IN GRADE. CORRECT IRREGULARITIES AND AREAS WHERE WATER MAY STAND. 3.ALL LAWN AREAS TO RECEIVE SOLID SOD SHALL BE LEFT IN A MAXIMUM OF 1" BELOW FINAL FINISH GRADE. CONTRACTOR TO COORDINATE OPERATIONS WITH ON-SITE CONSTRUCTION MANAGER. 4.CONTRACTOR TO COORDINATE WITH ON-SITE CONSTRUCTION MANAGER FOR AVAILABILITY OF EXISTING TOPSOIL. 5.PLANT SOD BY HAND TO COVER INDICATED AREA COMPLETELY. INSURE EDGES OF SOD ARE TOUCHING. TOP DRESS JOINTS BY HAND WITH TOPSOIL TO FILL VOIDS. 6.ROLL GRASS AREAS TO ACHIEVE A SMOOTH, EVEN SURFACE, FREE FROM UNNATURAL UNDULATIONS. 7.WATER SOD THOROUGHLY AS SOD OPERATION PROGRESSES. 8.CONTRACTOR SHALL MAINTAIN ALL LAWN AREAS UNTIL FINAL ACCEPTANCE. THIS SHALL INCLUDE, BUT NOT LIMITED TO: MOWING, WATERING, WEEDING, CULTIVATING, CLEANING AND REPLACING DEAD OR BARE AREAS TO KEEP PLANTS IN A VIGOROUS, HEALTHY CONDITION. 9.CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OF AN ACCEPTABLE TURF AREA AND SHALL PROVIDE REPLACEMENT FROM LOCAL SUPPLY IF NECESSARY. 10.IF INSTALLATION OCCURS BETWEEN SEPTEMBER 1 AND MARCH 1, ALL SOD AREAS TO BE OVER-SEEDED WITH WINTER RYEGRASS, AT A RATE OF (4) POUNDS PER ONE THOUSAND (1000) SQUARE FEET. 1.FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS INDICATED ON CIVIL PLANS. 2.ADJUST CONTOURS TO ACHIEVE POSITIVE DRAINAGE AWAY FROM BUILDINGS. PROVIDE UNIFORM ROUNDING AT TOP AND BOTTOM OF SLOPES AND OTHER BREAKS IN GRADE. CORRECT IRREGULARITIES AND AREAS WHERE WATER MAY STAND. 3.ALL LAWN AREAS TO RECEIVE SOLID SOD SHALL BE LEFT IN A MAXIMUM OF 1" BELOW FINAL FINISH GRADE. CONTRACTOR TO COORDINATE OPERATIONS WITH ON-SITE CONSTRUCTION MANAGER. 4.IMPORTED TOPSOIL SHALL BE NATURAL, FRIABLE SOIL FROM THE REGION, KNOWN AS BOTTOM AND SOIL, FREE FROM LUMPS, CLAY, TOXIC SUBSTANCES, ROOTS, DEBRIS, VEGETATION, STONES, CONTAINING NO SALT AND BLACK TO BROWN IN COLOR. 5.ALL LAWN AREAS TO BE FINE GRADED, IRRIGATION TRENCHES COMPLETELY SETTLED, AND FINISH GRADE APPROVED BY THE OWNER'S CONSTRUCTION MANAGER OR ARCHITECT PRIOR TO INSTALLATION. 6.ALL ROCKS 3/4" DIAMETER AND LARGER, DIRT CLODS, STICKS, CONCRETE SPOILS, ETC. SHALL BE REMOVED PRIOR TO PLACING TOPSOIL AND ANY LAWN INSTALLATION 7.CONTRACTOR SHALL PROVIDE (1") ONE INCH OF IMPORTED TOPSOIL ON ALL AREAS TO RECEIVE LAWN. GENERAL LAWN NOTES MINIMUM LANDSCAPE REQUIREMENTS LANDSCAPE AREA: Requirements: At least twenty (20) percent of all street yards shall be landscaped using the recommended plant list of the city. Street Yard = 414,637 S.F. Required:Provided: 82,927 S.F. (20%)220,734 S.F. (53%) TREES (NON-RESIDENTIAL): Requirements: Street yards greater than one hundred ten thousand (110,000) square feet: Fifty (50) trees plus one tree per five thousand (5,000) square feet, of street yard over one hundred ten thousand (110,000) square feet shall be required. Street Yard = 414,637 S.F. Required:Provided: 111 Trees 111 Trees BUFFERING: Requirements: A buffer at least twenty (25) feet wide on average is required along the street frontage. One three-inch caliper street tree, twelve (12) feet in height, for every forty (25) linear feet of frontage in the landscape buffer strip. Evergreen shrubs, planted at a rate of three (3) shrubs for every ten (10) linear feet of landscape buffer. Evergreen shrubs shall be a minimum twenty-four (24) inches high at the time of planting. Street Frontage = 2,363 L.F. Required: Provided: 95 Street Trees (3" Cal.)97 Street Trees (3" Cal.) 709 Evergreen Shrubs (24" Ht.)741 Evergreen Shrubs (24" Ht.) PARKING LOTS: Requirement: Ninety (90) square feet of landscaping is required for each twelve (12) parking spaces within a parking lot located in the street yard. Sixty (60) square feet of landscaping is required for each twelve (12) parking spaces in all non-street yard parking lots. No complete parking space shall be located further than seventy-five (75) feet from a tree or a permeable landscaped island, peninsula or median. Street Yard Parking = 255 Spaces Non-Street Yard Parking = 858 Spaces Required Provided 6,203 S.F.76,584 S.F. PLANT LEGEND - LIVE OAK - 3" CALIPER - CEDAR ELM - 3" CALIPER - DWARF WAX MYRTLE - 24" HEIGHT BERMUDA GRASS - SOLID SOD 750 150 300 OVERALL LANDSCAPE PLAN SCALE 1"=150'-0" - RED OAK - 3" CALIPER CHRIS TRON Z ANOSTA TE O F T E XASTCETHI R C A EPACSDNALDEE GEISRRT2204 04.14.2026 - EASTERN RED CEDAR - 3" CALIPER. - WAX MYRTLE - 3" CALIPER - NELLIE R. STEVENS HOLLY - 7 GAL. CITY COMMENTS 02.23.2026 - DWARF BURFORD HOLLY - 5 GAL. CITY COMMENTS 03.11.2026 CITY COMMENTS 04.14.2026 142 MATCH LINE - SHEET L.3 / 1 MATCH LINE - SHEET L.2 MATCH LINE - SHEET L.3 / 1 MATCH LINE - SHEET L.2 BUILDING 4 376,460 SF BUILDING 5 121,070 SF BUILDING 6 149,670 SF DETENTION AREA PROPOSED MEDIAN OPENING10' UTILITY EASEMENT 26.0' 40.0' 26.0' 40.0'26.0'190.0'130.0'200.0'26.0'40.0' 40.0' 26.0' 45.0' 55.0' LOT LINE LOT LINE LOT LINE LOT 4 LOT 5 LOT 6 SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSW W W W W W W W W W W W W W W W W W W W W W W W W 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 25' WIDE LANDSCAPE BUFFER 25' WIDE LANDSCAPE BUFFER 25' WIDE LANDSCAPE BUFFER 25' WIDE LANDSCAPE BUFFER ISSUE: DATE: SHEET NAME: SHEET NUMBER: 04.14.2026 LANDSCAPE PLAN L.2 LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1782 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM FOR APPROVAL 02.06.2026COLONY INDUSTRIALPLANO PARKWAYTHE COLONY, TEXAS300 60 90 LANDSCAPE PLAN SCALE 1"=60'-0" CITY COMMENTS 02.23.2026CHRISTRON Z ANOSTA TE O F T E XASTCETHI R C A EPACSDNALDEE GEISRRT2204 04.14.2026 CITY COMMENTS 03.11.2026 PLANT LEGEND - LIVE OAK - 3" CALIPER - CEDAR ELM - 3" CALIPER - DWARF WAX MYRTLE - 24" HEIGHT BERMUDA GRASS - SOLID SOD - RED OAK - 3" CALIPER - WAX MYRTLE - 3" CALIPER - NELLIE R. STEVENS HOLLY - 7 GAL. - DWARF BURFORD HOLLY - 5 GAL. CITY COMMENTS 04.14.2026 - EASTERN RED CEDAR - 3" CALIPER 143 MATCH LINE - SHEET L.3 / 1 MATCH LINE - SHEET L.3 / 1 MATCH LINE - SHEET L.3 / 2 MATCH LINE - SHEET L.3 / 2 BUILDING 1 113,270 SF BUILDING 2 113,270 SF 30.0' 26.0'26.0' 26.0' 26.0'130.0'130.0'26.0'26.0' LOT LINELOT LINE LOT 1 LOT 2WWWWWWWW 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL8' HT. ORNAMENTAL METAL 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 25' WIDE LANDSCAPE BUFFER 25' WIDE LANDSCAPE BUFFER MATCH LINE - SHEET L.3 / 1MATCH LINE - SHEET L.3 / 1MATCH LINE - SHEET L.3 / 2MATCH LINE - SHEET L.2BUILDING 3 142,390 SF 40.0'130.0'26.0' 26.0'26.0'LOT LINELOT LINELOT 3 SSWWWWWWWWWW Building 4142,390 SF8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE 8' HT. ORNAMENTAL METAL FENCE ISSUE: DATE: SHEET NAME: SHEET NUMBER: 04.14.2026 LANDSCAPE PLAN L.3 LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1782 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM FOR APPROVAL 02.06.2026COLONY INDUSTRIALPLANO PARKWAYTHE COLONY, TEXAS300 60 90 1 - LANDSCAPE PLAN SCALE 1"=60'-0" 300 60 90 2 - LANDSCAPE PLAN SCALE 1"=60'-0" CITY COMMENTS 02.23.2026CHRISTRON Z ANOSTA TE O F T E XASTCETHI R C A EPACSDNALDEE GEISRRT2204 04.14.2026 CITY COMMENTS 03.11.2026 PLANT LEGEND - LIVE OAK - 3" CALIPER - CEDAR ELM - 3" CALIPER - DWARF WAX MYRTLE - 24" HEIGHT BERMUDA GRASS - SOLID SOD - RED OAK - 3" CALIPER - WAX MYRTLE - 3" CALIPER - NELLIE R. STEVENS HOLLY - 7 GAL. - DWARF BURFORD HOLLY - 5 GAL. CITY COMMENTS 04.14.2026 - EASTERN RED CEDAR - 3" CALIPER. 144 ISSUE: DATE: SHEET NAME: SHEET NUMBER: 04.14.2026 LANDSCAPE SPECIFICATIONS L.4 LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1782 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM FOR APPROVAL 04.14.2026COLONY INDUSTRIALPLANO PARKWAYTHE COLONY, TEXAS6" 2X DIAMETER OF ROOTBALL 01 TREE PLANTING DETAIL NOT TO SCALE4'-5' MTG. HT.6"(3) METAL T-POST PAINTED GREEN TRIANGULAR SPACING. NOTE: LOCATE STAKES OUTSIDE OF TREE WELL. POSITION STAKES TO SECURE TREE AGAINST SEASONAL PREVAILING WINDS. NATIVE SOIL, REF. SPECIFICATIONS 6" FINISH GRADE SCARIFY SIDES CRUSHED ROCK 2" LAYER MULCH, REF. SPECIFICATIONS REFERENCE PLAN FOR TREE TYPE DO NOT CUT CENTRAL LEADER 2 STRANDS NO. 12 GAUGE GALVANIZED WIRE, TWISTED RUBBER HOSE 2" HIGH WATERING RING 4" DIA. PERFORATED PVC PIPE W/ CAP PAINTED BLACK ROOTBALL, DO NOT DISTURB. TOP OF ROOTBALL TO BE SET 1" ABOVE EXISTING GRADE. REMOVE TOP 1/3 BURLAP. 1/2" MINIMUM BETWEEN TOP OF MULCH AND TOP OF CONCRETE 1/2" MAXIMUM SIDEWALK PREPARED SOIL MIX PER SPECIFICATIONS SHRUBS AND GROUNDCOVER REFER TO PLANS FOR PLANT TYPES MULCH PER SPECIFICATIONS PREPARED SOIL MIX PER SPECIFICATIONS 1/8" X 4" GREEN STEEL EDGING WITH STAKES 03 SIDEWALK / MULCH DETAIL NOT TO SCALE 04 STEEL EDGING DETAIL NOT TO SCALE no steel along sidewalks NOTE: NO STEEL EDGING TO BE INSTALLED ALONG SIDEWALKS LAWN SHRUBS AND GROUNDCOVER REFER TO PLANS FOR PLANT TYPES PREPARED SOIL MIX PER SPECS. 6" MIN. OF PREPARED SOIL MIX TILLED INTO EXISTING SOIL TO A DEPTH OF 6" 2" LAYER OF SPECIFIED BARK MULCH ROOTBALL, DO NOT DISTURB NOTE: POCKET PLANTING NOT ALLOWED FINISH GRADE REF. PLAN FOR SHRUB TYPE 05 SHRUB PLANTING DETAIL NOT TO SCALE SPACING PER PLANT LIST6" NATIVE SOIL PREPARE GROUNDCOVER BED BY TILLING ENTIRE BED AREA. PROVIDE SOIL MIX AS DEFINED IN THE LANDSCAPE SPECIFICATIONS 2" MULCH DOUBLE SHREDDED HARDWOOD MULCH IN BED PRIOR TO PLANTING GROUNDCOVER/ANNUALS. 12" MIN EDGE OF BED DD D A A PLANT ROW SPACING 'D' ROW SPACING 'A' PLANTS/10SF 8" O.C. 12" O.C. 15" O.C. 18" O.C. 6.9" 10.4" 13.0" 15.7" 26 12 7 5 A = ROW SPACING B = ON CENTER SPACING SPACE PLANTS IN A TRIANGULAR PATTERNAS SHOWN, SPACED EQUALLY FROM EACHOTHER AT SPACING INDICATED ON PLANT LIST. 02 GROUNDCOVER PLANTING DETAIL NOT TO SCALE CHRIS TRON Z ANOSTA TE O F T E XASTCETHI R C A EPACSDNALDEE GEISRRT2204 04.14.2026 145 146 147 148 The applicant is requesting to rezone approximately 71.86 acres along Plano Parkway (the “Property”) to a new Planned Development District that will accommodate a mix of warehouse, office, and light industrial uses. Although the Property is near major mixed-use destinations such as Grandscape and Austin Ranch, it is physically and functionally oriented toward the existing commercial and warehouse development along Plano Parkway and the Sam Rayburn Tollway corridor. The proposed zoning is intended to create an employment area that fits well with its surroundings rather than competing with nearby retail, residential, and entertainment uses. The project is expected to bring quality jobs, increase daytime population, and support nearby businesses. This approach is consistent with the City of The Colony’s Comprehensive Plan Strategy 6A, which encourages employment centers along major transportation corridors and identifies Plano Parkway as a leading business and employment corridor. The Planned Development allows for a carefully selected set of permitted uses, focusing on modern logistics, light manufacturing, research and development, and corporate warehouse/office operations. More intense industrial activities are not permitted, helping to ensure compatibility with adjacent commercial and mixed-use districts. The selected uses are intended to attract high-quality tenants, promote skilled job creation, and remain a good long-term fit for the area. The project will be built as a Class A flexible warehouse campus with approximately one million square feet across six buildings, designed as a unified, master-planned business park representing more than $175 million in private investment within The Colony. The multi-building layout supports a diverse tenant mix—including regional distribution, e-commerce logistics, and light manufacturing—while maintaining architectural consistency and a unified campus character. The design emphasizes a modern, high-quality business park featuring upgraded architectural standards, enhanced landscaping, strong internal connectivity, and strategically placed access points. The site plan prioritizes efficient traffic circulation, thoughtful building placement, and buffering that minimizes impacts to surrounding properties while ensuring safe and functional truck and employee access. Overall, the project is expected to serve as a long-term economic asset for The Colony by generating substantial employment, contributing significant property and sales tax revenue, and requiring minimal public services. 149 Agenda Item No: 5.2 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart Submitting Department: Finance Item Type: Presentation Agenda Section: regular agenda items Suggested Action: Discuss and consider all matters incident and related to the issuance and sale of "City of The Colony, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2026" Bonds; including the adoption of an ordinance authorizing the issuance of such certificates of obligation and resolving other matters incident and related thereto. (Miller) Background: The FY 2025/2026 budget plans for a bond issuance to fund a portion of its projects for the year. Staff and our Financial Advisor, Hilltop Securities, recommend issuing a bond at this point this year to fund those obligations. Currently, the General Fund has been paying for those projects with the understanding it will be made whole with reimbursement from the proceeds of this bond offering. On February 17, 2026, City Council approved a resolution authorizing publication of notice of intention to issue certificates of obligation. The City has provided that notice both in the newspaper and on the City’s website, as required. Jason Hughes with Hilltop Securities will provide a presentation for the sale of $8,675,000 in COs to fund this year's budgeted CIP. Attachments: COLONY CO 2026 - Ordinance.docx COLONY CO 2026 - PAR Agmt - US Bank.docx 150 301799427.2/10013791801 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2026 - ____ AN ORDINANCE authorizing the issuance of “CITY OF THE COLONY, TEXAS, COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2026”; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited surplus pledge of the City’s waterworks and sewer system; specifying the terms and conditions of such certificates of obligation; resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said certificates of obligation, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of a Preliminary Official Statement and an Official Statement; and providing an effective date. WHEREAS, notice of the City Council’s intention to issue certificates of obligation (the “Notice”) in the maximum principal amount of $9,500,000 for the purpose of paying contractual obligations to be incurred for (i) acquiring equipment and vehicles for the fleet, street, emergency management, facilities maintenance and community image departments of the City, (ii) constructing, improving and renovating streets, alleys, culverts and bridges, including drainage and erosion control, landscaping, screening walls, curbs, gutters, sidewalks, lighting, signage and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, (iii) constructing, improving and equipping the City’s waterworks and sewer system and the acquisition of land and rights-of-way therefor, (iv) constructing, improving, renovating and equipping fire and police facilities and the acquisition of equipment, vehicles, land and rights-of- way therefor, (v) constructing and improving flood control and drainage improvements, including the acquisition of land and rights-of-way therefor, (vi) improving and equipping administrative office buildings housing governmental functions of the City and (vii) professional services rendered in connection therewith, has been (a) duly published in The Dallas Morning News, a newspaper of general circulation in the City of The Colony, Texas on February 19, 2026 and February 26, 2026, the date the first publication of such notice being not less than forty-six (46) days prior to the tentative date stated therein for the passage of this Ordinance and (b) duly published continuously on the City’s website for at least forty-five (45) days before the tentative date stated therein for the passage of this Ordinance; and WHEREAS, the City Council hereby finds and determines that the time period for qualified voters of the City to submit a petition as authorized by Section 271.049, Texas Local Government Code has remained open from the date of the adoption of the resolution authorizing the giving of the Notice to the date hereof; and WHEREAS, no petition protesting the issuance of the certificates of obligation described in the Notice, signed by at least 5% of the qualified electors of the City, has been presented to or filed with the City Secretary or Deputy City Secretary on or prior to the date of the passage of this Ordinance; and WHEREAS, the City Council hereby finds and determines that $_______ principal amount of the certificates of obligation described in the Notice should be authorized at this time; now, therefore, 151 301799427.2/1001379180 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Authorization - Designation - Principal Amount - Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $______________, to be designated and bear the title “CITY OF THE COLONY, TEXAS, COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2026” (hereinafter referred to as the “Certificates”), for the purpose of paying contractual obligations to be incurred for (i) (i) acquiring equipment and vehicles for the fleet, street, emergency management, facilities maintenance and community image departments of the City, (ii) constructing, improving and renovating streets, alleys, culverts and bridges, including drainage and erosion control, landscaping, screening walls, curbs, gutters, sidewalks, lighting, signage and traffic signalization incidental thereto and the acquisition of land and rights- of-way therefor, (iii) constructing, improving and equipping the City’s waterworks and sewer system and the acquisition of land and rights-of-way therefor, (iv) constructing, improving, renovating and equipping fire and police facilities and the acquisition of equipment, vehicles, land and rights-of-way therefor, (v) constructing and improving flood control and drainage improvements, including the acquisition of land and rights-of-way therefor, (vi) improving and equipping administrative office buildings housing governmental functions of the City and (vii) professional services rendered in connection therewith, all in accordance with the authority conferred by, and in conformity with, the Constitution and laws of the State of Texas, including Texas Local Government Code, Subchapter C of Chapter 271, as amended. Section 2. Fully Registered Obligations - Certificate Date - Authorized Denominations - Stated Maturities - Interest Rates. The Certificates are issued as fully registered obligations only, shall be dated April 15, 2026 (the “Certificate Date”), and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity), and the Certificates shall become due and payable on August 15 in each of the years and in principal amounts (the “Stated Maturities”) and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Stated Maturity Principal Amount ($) Interest Rate (%) 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 152 301799427.2/1001379180 3 Year of Stated Maturity Principal Amount ($) Interest Rate (%) 2046 The Certificates shall bear interest on the unpaid principal amounts from the date of the initial delivery of the Certificates at the rate(s) per annum shown above (calculated on the basis of a 360-day year consisting of twelve 30-day months) and shall be payable on February 15 and August 15 in each year until maturity or prior redemption, commencing February 15, 2027. Section 3. Terms of Payment - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the “Holders”) appearing on the registration and transfer books maintained by the Paying Agent/Registrar. Such payments shall be payable, without exchange or collection charges, to the Holder in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. The selection and appointment of U.S. Bank Trust Company, National Association, Irving, Texas, to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the “Security Register”) shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a “Paying Agent/Registrar Agreement”, substantially in the form attached hereto as Exhibit A and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor or Mayor Pro Tem and City Secretary or Deputy City Secretary are authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged; and, any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial institution, or other entity duly qualified and legally authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States mail, first-class, postage prepaid; which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates, shall be payable at the Stated Maturities or upon prior redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices, initially in St. Paul, Minnesota, or, with respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the “Designated Payment/Transfer Office”); provided, however, while a Certificate is registered to Cede & Co., the payment of principal upon a partial redemption of the principal amount thereof may be accomplished without presentation and surrender of such Certificate. Interest on the Certificates shall be paid only to the Holders whose names appear in the Security Register at the close of business on the Record Date (the last business day of the month next preceding the interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent by United States mail, first-class, postage prepaid, to the address of the registered owner recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by and at the risk and expense of the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer 153 301799427.2/1001379180 4 Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class, postage prepaid, to the address of each Holder appearing on the Security Registrar at the close of business on the last business day next preceding the date of mailing of such notice. Section 4. Redemption. (a) Optional Redemption. The Certificates maturing on or after August 15, 2036 shall be subject to redemption prior to maturity, at the option of the City, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) on August 15, 2035 or any date thereafter, at the redemption price of par plus accrued interest from the most recent interest payment date on which interest has been paid or duly provided for to the date of redemption. At least forty-five (45) days prior to an optional redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be optionally redeemed, and the date of redemption. (b) [Mandatory Redemption. The Certificates having Stated Maturities of August 15 in the years 20__, 20__, 20__, 20__ and 20__ (collectively, the “Term Certificates”) shall be subject to mandatory redemption in part prior to maturity at the redemption price of par and accrued interest to the date of redemption on the respective dates and in principal amounts as follows: Term Certificates due August 15, 20 Term Certificates due August 15, 20 Redemption Date Principal Amount ($) Redemption Date Principal Amount ($) August 15, 20__ ,000 August 15, 20__ ,000 August 15, 20__ (maturity) ,000 August 15, 20__ (maturity) ,000 Term Certificates due August 15, 20 Term Certificates due August 15, 20 Redemption Date Principal Amount ($) Redemption Date Principal Amount ($) August 15, 20__ ,000 August 15, 20__ ,000 August 15, 20__ (maturity) ,000 August 15, 20__ (maturity) ,000 154 301799427.2/1001379180 5 At least forty-five (45) days prior to the mandatory redemption date for the Term Certificates, the Paying Agent/Registrar shall select by lot the numbers of the Term Certificates to be redeemed on the next following March 1 from moneys set aside for that purpose in the Certificate Account (as hereinafter defined). Any Term Certificate not selected for prior redemption shall be paid on the date of its Stated Maturity. The principal amount of the Term Certificates required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of Term Certificates which, at least fifty (50) days prior to the mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions set forth in paragraph (a) of this Section and not theretofore credited against a mandatory redemption requirement.] (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat such Certificates as representing the number of Certificates Outstanding, which is obtained by dividing the principal amount of such Certificates by $5,000, and shall select the Certificates, or principal amount thereof, to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States mail, first-class, postage prepaid, in the name of the City and at the City’s expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall: (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption thereof has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the specified redemption date; provided moneys sufficient for the payment of such Certificate (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. (e) Conditional Notice of Redemption. With respect to any optional redemption of the Certificates, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said redemption may, at the 155 301799427.2/1001379180 6 option of the City, be conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received or such prerequisites are not satisfied, such notice shall be of no force and effect, the City shall not redeem such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Certificates have not been redeemed. Section 5. Registration - Transfer - Exchange of Certificates - Predecessor Certificates. A Security Register relating to the registration, payment, and transfer or exchange of the Certificates shall at all times be kept and maintained by the City at the Designated Payment/Transfer Office of the Paying Agent/Registrar, as provided herein and in accordance with the provisions of an agreement with the Paying Agent/Registrar and such rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each Holder of the Certificates issued under and pursuant to the provisions of this Ordinance. Any Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar at the Designated Payment/Transfer Office for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon the surrender for transfer of any Certificate (other than the Initial Certificate(s) authorized in Section 8 hereof) at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates, executed on behalf of, and furnished by, the City, of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates (other than the Initial Certificate(s) authorized in Section 8 hereof) may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest, and of like aggregate principal amount as the Certificates surrendered for exchange upon the surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Certificates are so surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates, executed on behalf of, and furnished by the City, to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar, or sent by United States mail, first-class, postage prepaid, to the Holder and, upon the registration and delivery thereof, the same shall be valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. 156 301799427.2/1001379180 7 Certificates cancelled by reason of an exchange or transfer under this Section are hereby defined to be “Predecessor Certificates,” evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term “Predecessor Certificates” shall include any Certificate registered and delivered pursuant to Section 23 hereof in lieu of a mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/Registrar shall be required to issue, transfer or exchange any Certificate called for redemption, in whole or in part, within forty-five (45) days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. Section 6. Book-Entry-Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of “Book-Entry-Only” securities clearance, settlement and transfer system provided by The Depository Trust Company (“DTC”), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representations by and between the City and DTC (the “Depository Agreement”). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the “DTC Participants”). While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the “Beneficial Owners”) being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City decides to discontinue the use of the system of book-entry-only transfers through DTC, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. Section 7. Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor or the Mayor Pro Tem under its seal reproduced or impressed thereon and countersigned by the City Secretary or Deputy City Secretary. The signatures of said officers and the seal of the City on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of said individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of such individuals shall cease to hold such offices at the time of delivery of the Certificates to the initial purchaser(s), and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in Texas Government Code, Chapter 1201, as amended. 157 301799427.2/1001379180 8 No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially as set forth in the form provided in Section 9C, executed manually or by facsimile by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent, or a certificate of registration substantially as set forth in the form provided in Section 9D, manually executed by an authorized officer, employee, or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered, and delivered. Section 8. Initial Certificate(s). The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount of this series with principal installments to become due and payable as provided in Section 2 and numbered T- 1 or, alternatively, (ii) as multiple fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the “Initial Certificate(s)”) and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificate(s) submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Compt roller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. Section 9. Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of Registration of the Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution thereof. Any portion of the text of any Certificate may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, engraved, typewritten, photocopied, or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution thereof. The City may provide (i) for issuance of one fully registered Certificate for the Stated Maturity in the aggregate principal amount of such Stated Maturity and (ii) for registration of such Certificate in the name of a securities depository, or the nominee thereof. While any Certificate is registered in the name of a securities depository or its nominee, references herein and in the 158 301799427.2/1001379180 9 Certificates to the holder or owner of such Certificate shall mean the securities depository or its nominee and shall not mean any other person. B. Form of Definitive Certificates. REGISTERED REGISTERED NO. ____ $__________ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF THE COLONY, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION SERIES 2026 Certificate Date: Interest Rate: Stated Maturity: CUSIP NO. April 15, 2026 _________% August 15, 20__ _________ Registered Owner: Principal Amount: DOLLARS The City of The Colony (hereinafter referred to as the “City”), a body corporate and municipal corporation in the County of Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the registered owner named above, or the registered assigns thereof (the "Registered Owner"), on the Stated Maturity date specified above, the Principal Amount stated above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the interest payment date next preceding the “Registration Date” of this Certificate appearing below (unless this Certificate bears a “Registration Date” as of an interest payment date, in which case it shall bear interest from such date, or unless the “Registration Date” of this Certificate is prior to the initial interest payment date in which case it shall bear interest from the date of the initial delivery of the Certificates) at the per annum rate of interest specified above computed on the basis of a 360 - day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2027, until maturity or prior redemption. Principal of this Certificate shall be payable at its Stated Maturity or on a redemption date to the Registered Owner hereof upon presentation and surrender at the designated offices of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor (the “Designated Payment/Transfer Office”). Interest shall be payable to the registered owner of this Certificate (or of one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the “Security Register” maintained by the Paying Agent/Registrar at the close of business on the “Record Date”, which is the last business day of the month next preceding each interest payment date and interest shall be paid by the Paying Agent/Registrar by check sent by United States mail, first-class, postage prepaid, to the address of the registered owner, recorded in the Security Register or by such other method acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding 159 301799427.2/1001379180 10 day which is not such a Saturday, Sunday, legal holiday, or day when such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $______________ (herein referred to as the “Certificates”) for the purpose of paying contractual obligations to be incurred for (i) acquiring equipment and vehicles for the fleet, street, emergency management, facilities maintenance and community image departments of the City, (ii) constructing, improving and renovating streets, alleys, culverts and bridges, including drainage and erosion control, landscaping, screening walls, curbs, gutters, sidewalks, lighting, signage and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, (iii) constructing, improving and equipping the City’s waterworks and sewer system and the acquisition of land and rights-of-way therefor, (iv) constructing, improving, renovating and equipping fire and police facilities and the acquisition of equipment, vehicles, land and rights-of- way therefor, (v) constructing and improving flood control and drainage improvements, including the acquisition of land and rights-of-way therefor, (vi) improving and equipping administrative office buildings housing governmental functions of the City and (vii) professional services rendered in connection therewith, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, particularly Texas Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an ordinance adopted by the City Council of the City (hereinafter referred to as the “Ordinance”). [The Certificates maturing on the date hereinafter identified (the “Term Certificates”) are subject to mandatory redemption prior to maturity with funds on deposit in the Certificate Account established and maintained for the payment thereof in the Ordinance, and shall be redeemed in part prior to maturity at the price of par and accrued interest thereon to the mandatory redemption date on the respective dates and in principal amounts as follows: Term Certificates due August 15, 20 Term Certificates due August 15, 20 Redemption Date Principal Amount ($) Redemption Date Principal Amount ($) August 15, 20__ ,000 August 15, 20__ ,000 August 15, 20__ (maturity) ,000 August 15, 20__ (maturity) ,000 Term Certificates due August 15, 20 Term Certificates due August 15, 20 Redemption Date Principal Amount ($) Redemption Date Principal Amount ($) August 15, 20__ ,000 August 15, 20__ ,000 August 15, 20__ (maturity) ,000 August 15, 20__ (maturity) ,000 The particular Term Certificates of a stated maturity to be redeemed on each redemption date shall be chosen by lot by the Paying Agent/Registrar; provided, however, that the principal amount of Term Certificates for a stated maturity required to be redeemed on a mandatory redemption date may be reduced, at the option of the City, by the principal amount of Term Certificates of like stated maturity which, at least fifty (50) days prior to the mandatory redemption date, (1) shall have been acquired by the City at a price not exceeding the principal amount of 160 301799427.2/1001379180 11 such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional redemption provisions appearing below and not theretofore credited against a mandatory redemption requirement.] The Certificates maturing on and after August 15, 2036, may be redeemed prior to their Stated Maturity, at the option of the City, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on August 15, 2035, or on any date thereafter, at the redemption price of par plus accrued interest to the date of redemption. At least thirty (30) days prior to a redemption date, the City shall cause a written notice of such redemption to be sent by United States mail, first-class, postage prepaid, to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date; provided, moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. With respect to any optional redemption of the Certificates, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said redemption may, at the option of the City, be conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received or such prerequisites are not satisfied, such notice shall be of no force and effect, the City shall not redeem such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was g iven, to the effect that the Certificates have not been redeemed. In the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within forty-five (45) days of the redemption date; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and are additionally payable from and secured by a lien on and limited pledge of the Surplus Revenues (as described in the Ordinance) of the City’s waterworks and sewer system (the “System”), such lien and pledge, however, being junior and subordinate to the lien on and pledge of the Net Revenues (as defined in the Ordinance) of the System securing the payment of the Prior Lien Obligations (as defined in 161 301799427.2/1001379180 12 the Ordinance) currently outstanding or as may hereafter be issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise as well as the right to issue additional obligations payable from the same sources as the Certificates and equally and ratably secured by a parity lien on and pledge of the Surplus Revenues of the System. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the registered owner by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the properties constituting the System; the Net Revenues pledged to the payment of the principal of and interest on the Certificates; the nature, extent, and manner of enforcement of the pledge; the terms and conditions relating to the transfer or exchange of this Certif icate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the registered owners; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the liens, pledges, charges, and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding; and, for the other terms and provisions thereof. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new, fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, may treat the registered owner hereof whose name appears on the Security Register (i) on the Record Date as the owner entitled to the payment of the interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to the payment of the principal hereof at its Stated Maturity, or upon its prior redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented, and covenanted that the City is a duly organized and legally existing municipal corporation under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions, and things required to exist and be done precedent to and in the issuance of the 162 301799427.2/1001379180 13 Certificates to render the same lawful and valid obligations of the City have been properly done, have happened, and have been performed in regular and due time, form, and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates by the levy of a tax and a limited pledge of and lien on the Surplus Revenues of the System as stated above. In case any provision in this Certificate or any application thereof shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF THE COLONY, TEXAS __________________________________ [Mayor][Mayor Pro Tem] COUNTERSIGNED: ___________________________________ [City Secretary][Deputy City Secretary] (City Seal) C. Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Certificate(s) Only. REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER § § OF PUBLIC ACCOUNTS § REGISTER NO. § THE STATE OF TEXAS § I HEREBY CERTIFY that this Certificate has been examined, certified as to validity, approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this ____________________________. _________________________________ Acting Comptroller of Public Accounts of the State of Texas (Seal) 163 301799427.2/1001379180 14 D. Form of Registration Certificate of Paying Agent/Registrar to Appear on Definitive Certificates Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within - mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The office of the Paying Agent/Registrar in St. Paul, Minnesota, is the Designated Payment/Transfer Office for this Certificate. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, Irving, Texas as Paying Agent/Registrar Registered this date: By: Authorized Signature E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________________________________ attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature guaranteed: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F. The Initial Certificate(s) shall be in the form set forth in paragraph (B) of this Section, except that the form of a single, fully-registered Certificate shall be modified as follows: Heading and first paragraph shall be modified as follows: 164 301799427.2/1001379180 15 REGISTERED REGISTERED NO. T-1 $__________ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF THE COLONY, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION SERIES 2026 Certificate Date: April 15, 2026 Registered Owner: _______________________ Principal Amount: ____ MILLION _____ HUNDRED ____ THOUSAND DOLLARS The City of The Colony (hereinafter referred to as the “City”), a body corporate and municipal corporation in the County of Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the registered owner named above, or the registered assigns thereof (the "Registered Owner"), the Principal Amount hereinabove stated, on August 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS ($) RATE (%) (Information to be inserted from Section 2 hereof) (or so much principal thereof as shall not have been redeemed prior to maturity) and to pay interest on the unpaid Principal Amount hereof from the date of the initial delivery of the Certificates at the per annum rates of interest specified above computed on the basis of a 360- day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2027, until maturity or prior redemption. Principal installments of this Certificate are payable on the Stated Maturity dates or on a redemption date to the registered owner hereof by U.S. Bank Trust Company, National Association, Irving, Texas (the “Paying Agent/Registrar”), upon its presentation and surrender at its designated offices, initially in St. Paul, Minnesota, or, with respect to a successor paying agent/registrar, at the designated office of such successor (the “Designated Payment/Transfer Office”). Interest shall be payable to the registered owner of this Certificate whose name appears on the “Security Register” maintained by the Paying Agent/Registrar at the close of business on the “Record Date”, which is the last business day of the month next preceding the interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent by United States mail, first- class, postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by and at the risk and expense of the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, 165 301799427.2/1001379180 16 Sunday, legal holiday, or day when such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due. Section 10. Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Surplus Revenues therefor, the following definitions are provided: (a) The term “Additional Obligations” shall mean tax and revenue obligations hereafter issued which by their terms are payable from ad valorem taxes and additionally payable from and secured by a lien on and pledge of the Surplus Revenues of the System of equal rank and dignity with the lien and pledge securing the payment of the Certificates. (b) The term “Certificates” shall mean the “City of The Colony, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2026” authorized by this Ordinance. (c) The term “Certificate Account” shall mean the special account created and established under the provisions of Section 11 of this Ordinance. (d) The term “Collection Date” shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (e) The term “Fiscal Year” shall mean the twelve-month operating period ending on September 30th of each year unless otherwise designated by the City. (f) The term “Government Securities” shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iv) any other then authorized securities or obligations that may be used to defease obligations such as the Certificates under the then applicable laws of the State of Texas. (g) The term “Net Revenues” shall mean all income, revenues and receipts of every nature derived from and received by virtue of the operation of the System (including interest income and earnings received from the investment of moneys in the special funds or accounts created by this ordinance or ordinances authorizing the issuance of additional bonds), after deducting and paying, and making provision for the payment of, current expenses of maintenance and operation thereof, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such expenses for repairs and extensions as in the judgment of the City Council, reasonably and fairly exercised, are necessary to keep the System in operation and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair any obligations payable from Net Revenues of the System shall be deducted in determining “Net 166 301799427.2/1001379180 17 Revenues”. Contractual payments for the purchase of water or the treatment of sewage shall be maintenance and operating expenses of the System to the extent provided in the contract incurred therefor and as may be authorized by statute. Depreciation shall never be considered as an expense of operation and maintenance. (h) The term “Outstanding” when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates theretofore canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 25 hereof by the irrevocable deposit with the Paying Agent/Registrar, or an authorized escrow agent, of money or Government Securities, or both, in the amount necessary to fully pay the principal of, premium, if any, and interest thereon to maturity; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and for which (i) replacement Certificates have been registered and delivered in lieu thereof or (ii) have been paid, all as provided in Section 23 hereof. (i) Reserved. (j) The term “Prior Lien Obligations” shall mean all bonds or other obligations now outstanding and hereafter issued that are payable from and secured by a lien on and pledge of all or any part of the Net Revenues of the System, including but not limited to, (i) all bonds hereafter issued to refund any part of the aforesaid bonds or other obligations listed in this definition if the same are made payable from and secured by a lien on and pledge of the Net Revenues of the System, and (ii) any obligations hereafter issued on a parity (insofar as the revenues of the System are concerned) with such Prior Lien Obligations or refunding bonds issued to refund such obligations if the same are made payable from and secured by a lien on and pledge of the Net Revenues of the System. (k) The term “Surplus Revenues” shall mean available Net Revenues of the System remaining after the payment of all debt service, reserve and other requirements in connection with the City’s revenue bonds or other obligations, now or hereafter outstanding, including but not limited to the Prior Lien Obligations, which are payable from all or any part of such Net Revenues. (l) The term “System” shall mean the City’s existing waterworks and sewer system, including all properties (real, personal or mixed and tangible or intangible) owned, operated, maintained and vested in the City for the supply, treatment and distribution of treated water for domestic, commercial, industrial and other uses, and the collection and treatment of water carried wastes, and future additions, extensions, replacements and improvements thereto. Section 11. Certificate Account. For the purpose of paying the interest on and to provide a sinking fund for the payment and retirement of the Certificates, there shall be and is hereby created a special fund or account to be designated “SPECIAL 2026 COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION ACCOUNT” (the “Certificate Account”), which fund or account shall be maintained on the records of the City and deposited in a special fund maintained at an official depository of the City’s funds, and moneys 167 301799427.2/1001379180 18 deposited in said fund or account shall be used for no other purpose. The Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Finance Director, City Secretary and Deputy City Secretary, any one or more of said officials of the City, are hereby authorized and directed to make withdrawals from said fund or account sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Account (on or prior to a principal and/or interest payment date) an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Account may, at the option of the City, invested in investments authorized by the Public Funds Investment Act, Texas Government Code, Chapter 2256, as amended, and the City’s investment policy; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from said Certificate Account will be available at the proper time or times. All interest and income derived from deposits and investments in the Certificate Account shall be credited to, and any losses debited to, such account. All investments in the Cer tificate Account shall be sold promptly when necessary to prevent any default in connection with the Certificates. Section 12. Tax Levy. To provide for the payment of the “Debt Service Requirements” on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied, within the limitations prescribed by law, for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars’ valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Account. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the City Council shall determine: (1) The amount on deposit in the Certificate Account after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Net Revenues of the System appropriated and allocated to pay such Debt Service Requirements prior to the Collection Date for the ad valorem taxes to be levied. (2) The amount of Surplus Revenues and any other lawfully available revenues which are appropriated and to be set aside during such fiscal year for the payment of the Debt Service Requirements on the Certificates between the Collection 168 301799427.2/1001379180 19 Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding fiscal year. (3) The amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of collecting such annual taxes. Section 13. Pledge of Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues to the payment and security of the Prior Lien Obligations, the Surplus Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the pledge of Surplus Revenues herein made for the payment of the Certificates shall be limited to $1,000 and shall constitute a lien on the Surplus Revenues until such time as the City shall pay all of such $1,000, after which time the pledge shall cease, all in accordance with the terms and provisions hereof and be valid and binding and fully perfected from and after the date of adoption of this Ordinance without physical delivery or transfer or transfer of control of the Surplus Revenues, the filing of this Ordinance or any other act; all as provided in Texas Government Code, Chapter 1208, as amended (“Chapter 1208”). Chapter 1208 applies to the issuance of the Certificates and the pledge of the Surplus Revenues of the System granted by the City under this Section 13, and such pledge is therefore valid, effective and perfected. If Texas law is amended at any time while the Certificates are Outstanding such that the pledge of the Surplus Revenues of the System granted by the City under this Section 13 is to be subject to the filing requirements of Texas Business and Commerce Code, Chapter 9, as amended, then in order to preserve to the registered owners of the Certificates the perfection of the security interest in said pledge, the City agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Texas Business and Commerce Code, Chapter 9, as amended, and enable a filing to perfect the security interest in said pledge to occur. Section 14. Revenue Fund. The City hereby covenants and agrees that all revenues derived from the operation of the System shall be kept separate and apart from all other funds, accounts, and moneys of the City, and shall be deposited as collected into the “City of The Colony, Texas, Water and Sewer System Revenue Bonds Revenue Fund” (heretofore created and established in the connection with the issuance of outstanding Prior Lien Obligations and hereinafter called the “Revenue Fund”). All moneys deposited in the Revenue Fund shall be pledged and appropriated to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of the reasonable and proper maintenance and operation expenses of the System as defined herein or required by statute or ordinances authorizing the Prior Lien Obligations to be a first charge on and claim against the revenues of the System. Second: To the payment of all amounts required to be deposited in the special funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. 169 301799427.2/1001379180 20 Third: To the payment of the limited amounts required to be deposited in the special funds and accounts created and established for the payment of the Certificates and Additional Obligations. Any Net Revenues remaining in the Revenue Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. Section 15. Deposits to Certificate Account. The City agrees to cause to be deposited in the Certificate Account prior to a principal and interest payment date for the Certificates from the Surplus Revenues in the Revenue Fund, after the deduction of all payments required to be made to the special Funds or accounts created for the payment and security of the Prior Lien Obligations, or from ad valorem taxes or other lawfully available funds, as applicable, any amounts budgeted to be paid from the Certificate Account in such Fiscal Year. Accrued interest and premium, if any, received from the purchaser of the Certificates shall be deposited to the Certificate Account. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Account, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Certificate Account. Section 16. Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. Section 17. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Account, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, any Holder shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. Section 18. Special Covenants. The City hereby covenants as follows: (i) That it has the lawful power to pledge the Surplus Revenues supporting this issue of Certificates and has lawfully exercised said powers under the Constitution and laws of the State of Texas, including said power existing under Texas Local Government Code, Subchapter C of Chapter 271, as amended, and Texas Government Code, Chapter 1502, as amended. 170 301799427.2/1001379180 21 (ii) That other than for the payment of the outstanding Prior Lien Obligations and the Certificates, the Net Revenues are not pledged to the payment of any debt or obligation of the City or of the System. (iii) That other than for the payment of the outstanding Certificates, the Surplus Revenues are not pledged to the payment of any debt or obligation of the City or of the System. (iv) That, as long as any Certificates or any interest thereon remain Outstanding, and the pledge of the Surplus Revenues has not been fully satisfied, the City will not sell, lease, or encumber the System or any substantial part thereof, provided that this covenant shall not be construed to prohibit the sale of such machinery, or other properties or equipment which has become obsolete or otherwise unsuited to the efficient operation of the System. (v) The City recognizes that the purchasers and owners of the Certificates will have accepted them on, and paid a price which reflects, the understanding that interest thereon is excludable from federal income taxation under laws in force at the time the Certificates shall have been delivered. In this connection the City covenants to take no action or fail to take any action, which action or failure to act may render the interest on any of such Certificates subject to federal income taxation, particularly pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”), nor shall the City take any action or fail to take any action, which action or failure to act, would have the effect of causing the income derived by the City from the System to become subject to federal income taxation in the hands of the City, whether or not provision shall have been made for the payment of such Certificates. Section 19. Issuance of Additional Obligations. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations and Additional Obligations without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise. Additional Prior Lien Obligations and Additional Obligations, if issued, may be payable, in whole or in part, from Net Revenues (without impairment of the obligation of contract with the holders of Certificates) upon such terms and conditions as the City Council may determine. Additional Obligations, if issued and payable, in whole or in part, from Surplus Revenues (as defined in the same or similar terms as the term Surplus Revenues is defined in this Ordinance), shall not in any event be construed as payable from the Surplus Revenues required by this Ordinance to be budgeted and appropriated for the payment of the Certificates and interest thereon. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. 171 301799427.2/1001379180 22 Section 20. Sale of the Certificates – Official Statement Approval. Pursuant to a public sale for the Certificates, the bid submitted by ___________________________ (herein referred to as the “Purchasers”) is declared to be the best bid received producing the lowest true interest cost rate to the City, and the sale of the Certificates to the Purchasers at the price of par plus premium in the amount of $_________________, is hereby determined to be in the best interests of the City and is approved and confirmed. Delivery of the Certificates to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. The Initial Certificate shall be registered in the name as provided in the winning bid. Furthermore, the use of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects and such Preliminary Official Statement is hereby deemed “final” as of its date within the meaning and for the purposes of paragraph (b)(1) of Rule 15c2-12 under the Securities and Exchange Act of 1934, as amended. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Finance Director, City Secretary or Deputy City Secretary, any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated April 21, 2026, in the reoffering, sale and delivery of the Certificates to the public. The Mayor or Mayor Pro Tem and City Secretary or Deputy City Secretary are further authorized to execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content executed by said officials shall be deemed to be approved by the Council and constitute the Official Statement authorized for distribution and use by the Purchasers. Section 21. Notices to Owners - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class, postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given; and, such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent t o the validity of any action taken in reliance upon such waiver. Section 22. Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it; and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Certificates held by the Paying Agent/Registrar shall be returned to the City. 172 301799427.2/1001379180 23 Section 23. Mutilated, Destroyed, Lost, and Stolen Certificates. If (a) any mutilated Certificate is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Certificate, and (b) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Certificate has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Certificate, a new Certificate of the same Stated Maturity and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Certificate has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Certificate, pay such Certificate. Upon the issuance of any new Certificate under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Certificate issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Certificate shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed , lost, or stolen Certificates. Section 24. Covenants to Maintain Tax-Exempt Status of Interest on the Certificates. (a) Definitions. When used in this Section, the following terms shall have the following meanings: “Closing Date” means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. “Code” means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. “Computation Date” has the meaning set forth in Section 1.148-1(b) of the Regulations. “Gross Proceeds” means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. “Investment” has the meaning set forth in Section 1.148-1(b) of the Regulations. 173 301799427.2/1001379180 24 “Nonpurpose Investment” means any investment property, as defined in Section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. “Rebate Amount” has the meaning set forth in Section 1.148-1(b) of the Regulations. “Regulations” means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. “Yield” of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in Section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which 174 301799427.2/1001379180 25 is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by Section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be “loaned” to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take or pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by Section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by Section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of Section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by Section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in Section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in Section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. 175 301799427.2/1001379180 26 (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Account or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by Section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm’s length and had the Yield of the Certificates not been relevant to either party. (j) Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager and Finance Director, either or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Section 25. Satisfaction of Obligations of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied and the lien on and pledge of the Net Revenues under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. The Certificates, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (a) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and 176 301799427.2/1001379180 27 held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (b) Governme nt Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting or consulting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as “arbitrage bonds” within the meaning of Section 148 of the Code or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, upon the City’s request, the Paying Agent/Registrar shall remit to the city along with a written receipt, any moneys deposited and held in trust by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates which remain unclaimed for a period of three (3) years after being so deposited and held on the Stated Maturity or applicable redemption date on the Certificates. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. Section 26. Proceeds of Sale. The proceeds of sale of the Certificates, excluding the amounts to pay costs of issuance, shall be deposited in a construction fund maintained at the City’s depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments in accordance with the provisions of Texas Government Code, Chapter 2256, as amended, including guaranteed investment contracts and the City’s investment policies and guidelines, and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Account as shall be determined by the City Council. All surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Account. Section 27. Ordinance a Contract - Amendments. The provisions of this Ordinance shall constitute a contract with the Holders; and, the City shall not amend or repeal any of the provisions of this Ordinance so long as any Certificate remains Outstanding except as permitted in this Section and Section 28 hereof. The City, may, without the consent of or notice to any Holders, from time to time and at any time, amend this Or dinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, with the written consent of the registered owner or owners holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, the City may amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition or rescission shall: (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates; (2) give any preference to any 177 301799427.2/1001379180 28 Certificate over any other Certificate; or, (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition or rescission. Section 28. Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: “Financial Obligation” means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that “financial obligation” shall not include municipal securities (as defined in the Securities Exchange Act of 1934, as amended) as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule. “MSRB” means the Municipal Securities Rulemaking Board. “Rule” means SEC Rule 15c2-12, as amended from time to time. “SEC” means the United States Securities and Exchange Commission. (b) Annual Reports. The City shall provide annually to the MSRB (1) within six months after the end of each fiscal year ending in or after 2026, financial information and operating data with respect to the City of the general type of information contained in Tables 1 through 5 and 7 through 14 in the Official Statement, and (2) within twelve months after the end of each fiscal year ending in or after 2026, audited financial statements of the City. Any financial statements so provided shall be prepared in accordance with the accounting principles described in described in Appendix B to the Official Statement, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation and audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available within 12 months after the end of any fiscal year, the City will provide unaudited financial statements within such twelve month period, and audited financial statements when and if such audited financial statements become available. If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document available to the public on the MSRB’s Internet Web site or filed with the SEC. 178 301799427.2/1001379180 29 (c) Notice of Certain Events. The City shall provide notice of any of the following events with respect to the Certificates to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults, if material; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; 7. Modifications to rights of holders of the Certificates, if material; 8. Certificate calls, if material, and tender offers; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates, if material; 11. Rating changes; 12. Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; 13. The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material; 15. Incurrence of a Financial Obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material; and 16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. For these purposes, (a) any event described in the immediately preceding item 12 is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or 179 301799427.2/1001379180 30 business of the City and (b) the City intends the words used in the immediately preceding items 15 and 16 in this Section to have the same meanings as when they are used in the Rule, as evidenced by SEC Release No. 34-83885, dated August 20, 2018. The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Filings with the MSRB. All financial information, operating data, financial statements, notices and other documents provided to the MSRB in accordance with this Section shall be provided in an electronic format prescribed by the MSRB and shall be accompanied by identif ying information as prescribed by the MSRB. (e) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an “obligated person” with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) of this Section of any Certificate calls and defeasance that cause the City to be no longer such an “obligated person.” The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. Notwithstanding anything herein to the contrary, the provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change 180 301799427.2/1001379180 31 in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City’s right to do so would not prevent an underwriter of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided pursuant to subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. Section 29. Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate (s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts, and the delivery thereof to the Purchaser. Section 30. Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Finance Director, City Secretary and Deputy City Secretary are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the City all agreements, instruments, certificates or other documents, whether mentioned herein or not, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance and the issuance, sale and delivery of the Certificates. In addition, prior to the initial delivery of the Certificates, the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Finance Director, City Secretary, Deputy City Secretary or Bond Counsel to the City are each hereby authorized and directed to approve any changes or corrections to this Ordinance or to any of the documents authorized and approved by this Ordinance: (i) in order to cure any ambiguity, formal defect or omission in this Ordinance or such other document; or (ii) as requested by the Attorney General of the State of Texas or his representative to obtain the approval of the Certificates by the Attorney General and if such officer or counsel determines that such changes are consistent with the intent and purpose of this Ordinance, which determination shall be final. In the event that any officer of the City whose signature shall appear on any document shall cease to be such officer before the delivery of such document, such signature nevertheless shall be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 31. Bond Counsel’s Opinion. The Purchaser’s obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Norton Rose Fulbright US LLP, Dallas, Texas, approving such Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such Certificates. A true and correct reproduction of said opinion is hereby authorized to be printed on the definitive Certificates or an 181 301799427.2/1001379180 32 executed counterpart thereof shall accompany the global Certificates deposited with DTC. The City Council confirms the continuation of the engagement of Norton Rose Fulbright US LLP as the City's bond counsel. Section 32. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor the attorneys approving said Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. Section 33. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance. This Ordinance in its entirety is intended to be and is for the sole and exclusive benefit of the City, the Paying Agent/Registrar, and the Holders. Section 34. Inconsistent Provisions. Except as provided in Section 19 hereof, all ordinances, orders, or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. Section 35. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. Section 36. Incorporation of Findings and Determinations. The findings and determinations of the City Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. Section 37. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 38. Effect of Headings. The Section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 39. Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance or the application thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares that this Ordinance would have been enacted without such invalid provision. Section 40. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Texas Government Code, Chapter 551, as amended. Section 41. Effective Date. This Ordinance shall take effect and be in force from and after its passage and approval in accordance with the provisions of Texas Government Code, Section 1201.028, as amended. 182 301799427.2/1001379180 33 [The remainder of this page is intentionally left blank] 183 301799427/10013791801 S-1 PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 21st day of April, 2026. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, City Secretary City of The Colony, Texas (City Seal) APPROVED AS TO FORM: Jeff Moore, City Attorney City of The Colony, Texas 184 301799427.2/10013791801 A-1 EXHIBIT A FORM OF PAYING AGENT/REGISTRAR AGREEMENT 185 302663652.2/1001379180 PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT is entered into as of April 21, 2026 (this “Agreement”), by and between U.S. Bank Trust Company, National Association, a banking association duly organized and existing under the laws of the United States of America, or its successors (the “Bank”) and the City of The Colony, Texas (the “Issuer”), RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its “City of The Colony, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2026” (the “Securities”), dated April 15, 2026, such Securities scheduled to be delivered to the initial purchasers thereof on or about May 21, 2026; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01 Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the “Authorizing Document” (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the Authorizing Document. The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1.02 Compensation. As compensation for the Bank’s services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto; provided however, notwithstanding anything herein or in Annex A to the contrary, the aggregate value of this agreement shall be less than the dollar limitation set forth in Sections 2271.002(a)(2), 2274.002(a)(2) and 2276.002(a)(2) of the Texas Government Code, as amended. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of 186 302663652.2/1001379180 2 the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO DEFINITIONS Section 2.01 Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: “Acceleration Date” on any Security means the date, if any, on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. “Authorizing Document” means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, as the same may be amended or modified, including any pricing certificate related thereto, certified by the secretary or any other officer of the Issuer and delivered to the Bank. “Bank Office” means the designated office of the Bank at the address shown in Section 3.01 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. “Holder” and “Security Holder” each means the Person in whose name a Security is registered in the Security Register. “Person” means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. “Predecessor Securities” of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Authorizing Document). “Redemption Date”, when used with respect to any Security to be redeemed, means the date fixed for such redemption pursuant to the terms of the Authorizing Document. “Responsible Officer”, when used with respect to the Bank, means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any 187 302663652.2/1001379180 3 other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. “Security Register” means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. “Stated Maturity” means the date specified in the Authorizing Document the principal of a Security is scheduled to be due and payable. Section 2.02 Other Definitions. The terms “Bank,” “Issuer,” and “Securities (Security)” have the meanings assigned to them in the recital paragraphs of this Agreement. The term “Paying Agent/Registrar” refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01 Duties of Paying Agent. As Paying Agent, the Bank shall pay, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date or Acceleration Date, to the Holder upon surrender of the Security to t he Bank at the following address: U.S. Bank Trust Company, National Association Attention: Bond Operations 111 Fillmore Avenue East St. Paul, Minnesota 55107-1402 As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date (as defined in the Authorizing Document). All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the paying agent account provided in Section 5.05 hereof, sent by United States mail, first class postage prepaid, to the address a ppearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder’s risk and expense. Section 3.02 Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities on the dates specified in the Authorizing Document. ARTICLE FOUR REGISTRAR Section 4.01 Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the “Security Register”) for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other 188 302663652.2/1001379180 4 information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and the Bank may prescribe. The Bank represents and warrants that it will at all times have immediate access to the Security Register by electronic or other means and will be capable at all times of producing a hard copy of the Security Register for use by the Issuer. All transfers, exchanges and replacements of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the Financial Industry Regulatory Authority, such written instrument to be in a form satisfactory to the Bank and duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02 Securities. The Issuer shall provide additional Securities when needed to facilitate transfers or exchanges thereof. The Bank covenants that such additional Securities, if and when provided, will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03 Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank’s general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04 List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank wi ll notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. 189 302663652.2/1001379180 5 Section 4.05 Return of Cancelled Securities. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, all Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06 Mutilated, Destroyed, Lost or Stolen Securities. The Issuer hereby instructs the Bank, subject to the provisions of the Authorizing Document, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such mutilated, destroyed, lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, destroyed, lost or stolen. Section 4.07 Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer infor mation as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01 Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02 Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality 190 302663652.2/1001379180 6 of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document supplied by the Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. (g) The Bank is also authorized to transfer funds relating to the closing and initial delivery of the Securities in the manner disclosed in the closing memorandum or letter as prepared by the Issuer, Issuer’s financial advisor or other agent. The Bank may act on a facsimile or e-mail transmission of the closing memorandum or letter acknowledged by the Issuer, the Issuer’s financial advisor or other agent as the final closing memorandum or letter. The Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Bank’s reliance upon and compliance with such instructions. Section 5.03 Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04 May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05 Moneys Held by Bank - Paying Agent Account/Collateralization. A paying agent account shall at all times be kept and maintained by the Bank for the receipt, safekeeping, and disbursement of moneys received from the Issuer under this Agreement for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities shall be continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for paying agent accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such paying agent account shall be made by check drawn on such account unless the owner of the Securities shall, at its own expense and risk, request an alternative method of payment. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal of, premium (if any), or interest on any Security and remaining unclaimed for three years after final maturity of the Security has become due and payable will be held by the Bank and disposed of only in accordance with Title 6 of the Texas Property Code, as amended. The Bank shall have no liability by virtue of actions taken in compliance with this provision. 191 302663652.2/1001379180 7 The Bank is not obligated to pay interest on any money received by it under this Agreement. This Agreement relates solely to money deposited for the purposes described herein, and the parties agree that the Bank may serve as depository for other funds of the Issuer, act as trustee under indentures authorizing other bond transactions of the Issuer, or act in any other capacity not in conflict with its duties hereunder. Section 5.06 Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07 Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the state and county where the administrative office of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction in the State of Texas to determine the rights of any Person claiming any interest herein. Section 5.08 DTC Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for “Depository Trust Company” services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the “Operational Arrangements”, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01 Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02 Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03 Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on the signature page(s) hereof. Section 6.04 Effect of Headings. The Article and Section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 6.05 Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. 192 302663652.2/1001379180 8 Section 6.06 Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07 Merger, Conversion, Consolidation, or Succession. Any corporation or association into which the Bank may be merged or converted or with which it may be consolidated, or any corporation or association resulting from any merger, conversion, or consolidation to which the Bank shall be a party, or any corporation or association succeeding to all or substantially all of the corporate trust business of the Bank shall be the successor of the Bank as Paying Agent under this Agreement without the execution or filing of any paper or any further act on the part of either parties hereto. Section 6.08 Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.09 Entire Agreement. This Agreement and the Authorizing Document constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Authorizing Document, the Authorizing Document shall govern. Section 6.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.11 Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice has been given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. However, if the Issuer fails to appoint a successor Paying Agent/Registrar within a reasonable time, the Bank may petition a court of competent jurisdiction within the State of Texas to appoint a successor. Furthermore, the Bank and the Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with the other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Notwithstanding anything contained herein, the representations and covenants contained in Section 6.12 hereof shall survive the termination of this Agreement until the statute of limitations has run. Section 6.12 Iran, Sudan or Foreign Terrorist Organizations. The Bank represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other 193 302663652.2/1001379180 9 affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on the following page of such officer’s internet website: https://comptroller.texas.gov/purchasing/publications/divestment.php The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and excludes the Bank and each of its parent company, wholly- or majority- owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Bank understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the Bank and exists to make a profit. Section 6.13 Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. [Remainder of page left blank intentionally.] 194 302663652/1001379180 signature page to Paying Agent/Registrar Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION By: Title: Address: 1255 Corporate Drive, 6th Floor, Irving, Texas 75038 195 302663652/1001379180 signature page to Paying Agent/Registrar Agreement CITY OF THE COLONY By: Mayor Address: 6053 Main Street The Colony, Texas 75056 Attest: ______________________________ City Secretary 196 302663652.2/1001379180 A-1 ANNEX A 197 Agenda Item No: 6.1 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart 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: 198 Agenda Item No: 7.1 CITY COUNCIL Agenda Item Report Meeting Date: April 21, 2026 Submitted By: Tina Stewart 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: 199